11-13-2007 City Council Regular Meeting PacketCity of Grand Island
Tuesday, November 13, 2007
Council Session Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Jeff Pederson
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Vacant
Tom Brown
Larry Carney
John Gericke
Peg Gilbert
Joyce Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Jose Zapata
Call to Order
City of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation - Pastor Rod Mohler, First Church of the Nazarene, 1022 West 6th Street
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item E1
Public Hearing on Request of JR Enterprises LLC dba JR Liquor,
624 West 4th Street for a Class "D" Liquor License
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: November 13, 2007
Subject: Public Hearing on Request from JR Enterprises LLC dba
JR Liquor, 624 West 4th Street for a Class “D” Liquor
License
Item #’s: E-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the cit y council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
JR Enterprises LLC dba JR Liquor, 624 West 4th Street ha s submitted an application for a
Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off
sale only inside the corporate limits of the city.
Also included with the application was a request from Judy Sheeks-Rivas, 3207 East
Seedling Mile Road for a Liquor Manager Application.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve the application.
Sample Motion
Move to approve the application of JR Enterprises LLC dba JR Liquor, 624 West 4th
Street for a Class “D” Liquor License contingent upon final inspections and the request
from Judy Sheeks-Rivas, 3207 East Seedling Mile Road for a Liquor Manager
designation, contingent upon Ms. Sheeks-Rivas completing a state approved alcohol
server/seller training program.
Item E2
Public Hearing on Request of Munoz R. Rodriguez, Inc. dba Zona
Rosa Nightclub, 611 East 4th Street for a Class "C" Liquor License
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: November 13, 2007
Subject: Public Hearing on Request from Munoz R. Rodriguez,
Inc. dba Zona Rosa Nightclub, 611 East 4th Street for a
Class “C” Liquor License
Item #’s: E-2 & I-2
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Munoz R. Rodriguez, Inc. dba Zona Rosa Nightclub, 611 East 4th Street has submitted an
application for a Class “C” Liquor License. A Class “C” Liquor License allows for the
sale of alcohol on and off sale inside the corporate limits of the city.
Also included with the application was a request from Elsy Ramos, 243 South Sycamore
for a Liquor Manager Application.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
The Police Department background check revealed a number of serious violations which
were not included in the application. Failure to disclose these convictions makes the
application false under the Nebraska Liquor Control Act Part II Chapter 2 “Falsification
of Application” 010.01.
The Building Department inspection found electrical code, off street parking and junk
vehicle violations. See attached report.
City Administration recommends this application be denied based on Departmental
inspections and background checks.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council deny the application.
Sample Motion
Move to deny the application of Munoz R. Rodriquez, Inc. dba Zona Rosa Nightclub, 611
East 4th Street for a Class “C” Liquor License and the request from Elsy Ramos, 243
South Sycamore for a Liquor Manager designation on findings from the Nebraska Liquor
Control Act Part II Chapter 2 “Falsification of Application” 010.01 and code violations.
Item E3
Public Hearing Concerning Acquisition of Utility Easement - 1119
East 4th Street - East 4th Street Company (Alter Scrap)
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: November 13, 2007
Subject: Acquisition of Utility Easement – 1119 East 4th Street –
East 4th Street Company
Item #’s: E-3 & G-2
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of East 4th Street Company, located at 1119 East 4th Street (Alter Scrap Processing), in
the City of Grand Island, Hall County, in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers.
Discussion
This easement will be used to place primary underground electrical cables and a pad-
mounted transformer to provide electric service to a new building now under construction
at Alter Scrap Processing.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item E4
Public Hearing on Request from Chief Industries, Inc. for a
Conditional Use Permit for Additional Parking and Use of a Rock
or Crushed Concrete Surface for One Year Located at 1208 South
Adams Street
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: November 13, 2007
Subject: Request of Chief Industries for Approval of a
Conditional Use Permit for a Parking Lot at 1208 S.
Adams Street
Item #’s: E-4 & H-1
Presenter(s): Craig Lewis
Background
This is a request of Chief Industries, Inc. to allow for the approval of a parking lot at
1208 S Adams. This request is to facilitate additional parking for the production facility
located at 1119 S. Adams Street. The property is currently zoned R-3, Medium Density
Residential Zone, that zoning classification allows as a conditional use approved by the
City Council, parking lots. Additional approvals are required as the applicant wishes to
install as a temporary surface crushed concrete as opposed to hard surfaced materials
required by the City Code for parking lots. The City Code does provide for City Council
approval of temporary uses, not to exceed two years in undeveloped areas and six months
in developed areas.
Discussion
The City Code does identify parking lots in the residential R-3 zone as a conditional use.
The placement of crushed concrete for a surface as opposed to a permanent hard surface
of asphalt or concrete would be allowed by code only as a temporary use approved by the
City Council. These two items appear as a reasonable request to facilitate development of
the tract of land recently purchased and cleared of the single family dwelling previously
on the site.
This request is similar in nature to the recent request of St Francis Hospital for a
temporary parking lot along Custer Street. The request is not similar to recent discussions
of YAP Auction and that request for crushed asphalt milling for use as a surface for
required permanent parking.
Two conditions suggested to be placed upon this request are 1). a landscape buffer of 20’
along the east boundary adjacent to Adams Street needs to be provided to comply with
the landscape requirements of the City Code. 2). the responsibility of controlling any dust
created from the lot needs to be addressed by the applicants during any dry months
throughout the duration of the use.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
2. Disapprove or /Deny the request.
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the request with the
conditions identified imposed.
Sample Motion
Move to approve the request for a conditional use permit to provide a parking lot at 1208
S. Adams Street for a one year period with the conditions as outlined in the staff
recommendation.
Item F1
#9142 - Consideration of Amending City Code Chapter 5 Relative
to Animal Fee Schedule
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Dale M. Shotkoski, City Attorney
Meeting: November 13, 2007
Subject: Revisions to Grand Island City Code
Chapter 5 – Animals – Proposed Fee Schedule Changes
Item #’s: F-1
Presenter(s): Dale M. Shotkoski, City Attorney
Background
City Code Section 5-12 outlines fees for animal licenses. It has been proposed by the
Humane Society, and considered by the Animal Advisory Board, that fee increases be
adopted for the annual dog and cat licenses. The increase in fees will assist in off-setting
increasing costs involved in animal control duties.
Discussion
A new provision in the City Code would be to include a fee for an owner keeping in their
possession and on their property, an animal that has been declared potentially dangerous
or dangerous. There are kennel requirements contained within the code, and inspections
of these kennels is part of animal control, which is time consuming and costly. A
proposed fee of $50 for the kennel inspection fee for a potentially dangerous animal is
being proposed, as well as a $100 annual fee to keep a dangerous animal on a person’s
property. The purpose of the fee is to off-set the increased cost of animal control in
monitoring potentially dangerous animals in the community.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the revisions to Chapter 5 of the Grand Island City Code.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approved the recommended revisions
to Chapter 5 of the Grand Island City Code.
Sample Motion
Move to approve the amendments to Chapter 5, Animals, of the Grand Island City Code.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
ORDINANCE NO. 9142
An ordinance to amend Chapter 5 of the Grand Island City Code; to amend
Sections 5-12 and 5-18 pertaining to registration fees and number of animals; to repeal Sections
5-12 and 5-18 as now existing, and any ordinance or parts of ordinances in conflict herewith; and
to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 5-12 of the Grand Island City Code is hereby amended to
read as follows:
§5-12. Registration Fee; Amounts; Delinquent
(A) The owner of any dog or cat over the age of threesix months in the City of Grand Island shall pay an
annual pet license fee for said dog or cat. Such fee shall be adopted by the governing bodyadopted by the humane
society board and identified in the City of Grand Island Fee Schedule.
The annual pet license as provided in this section shall be for the period of January 1 through December 31
of the licensing year. The pet license provided for by this section shall be secured by each new owner or new
resident within thirty days of establishing residency in the City or after acquiring said animal, notwithstanding the
fact that the dog or cat may have been registered within the annual period by a previous owner or that the dog or cat
had been registered with another authority other than the City of Grand Island.
(B) The fee required in (A) above shall become due on January 1 of the licensing year and shall become
delinquent on February 1March 1 of each year. The owner of any dog or cat in the City of Grand Island registering
the same after said fee has become delinquent shall pay a surcharge in accordance with the fees adopted by the
governing body and adopted by the humane society board and identified in the City of Grand Island Fee Schedule.
(C) No dog or cat shall be registered and licensed unless and until the owner shall display a certificate of a
licensed veterinarian showing that such dog or cat has been vaccinated for rabies.
(D) The owner of any dog or cat that has been declared “potentially dangerous” or “dangerous” shall pay,
in addition to the pet license above, an annual kennel inspection fee. Such fee shall become due at the time of the
declaration, and then shall be paid annually thereafter with the annual fee becoming due on January 1 of the year
following the declaration, and shall become delinquent on February 1 of said year. The kennel inspection fee shall
be adopted by the governing body and identified in the City of Grand Island Fee Schedule.
SECTION 2. Section 5-18 of the Grand Island City Code is hereby amended to
read as follows:
§5-18. Number of Animals; Limits
(A) No residential property shall have more than one of the following animals over weaning age per half
acre of outdoor enclosure area where said animals are of the following livestock species:
(1) horses;
(2) mules;
(3) donkeys;
(4) cows;
(5) sheep;
(6) goats; and
ORDINANCE NO. 9142 (Cont.)
- 2 -
(7) llamas;
(i.e. two acres of outside enclosure area may be occupied by two horses and two cows, not four horses and
four cows).
(B) No person, except for commercial retail establishments that offer live fowl (including chickens) for
retail sale and governmental and/or non-profit educational facilities, shall keep or maintain on his or her property
any fowl (including chicken hens) in a number that exceeds four (4) per one acre with a minimum of land being one
(1) acre (i.e., two acres may be occupied by eight (8) fowl).
(C) All properties which do not comply with subsection (A) or (B) shall either be brought into compliance
by October 3, 2006 or shall obtain a conditional use permit as provided by §36-82 of this Code. The issuance of the
conditional use permit shall be subject to the following conditions:
(1) A description of the species and numbers of animals to be kept on the premises
during the term of the conditional use permit shall accompany this application.
(2) Written waivers approving the proposed conditional use permit shall be obtained
from all persons residing within one hundred fifty (150.0) feet of the subject property and
shall accompany the application.
(3) If the subject property shall be brought into compliance with Section (A) or (B)
above for one hundred eighty (180) or more consecutive days, the conditional use permit
shall terminate and shall not be renewed or reissued.
(D) No residential property shall have more than thirty (30) rabbits at any one time.
(E) No residential property shall have more than 64 birds over six months of age at any one time.
(F) For the purposes of this section, the number of animals permitted to be kept under subsection (A) shall
be reduced by one if rabbits are also kept on said property, and also by one if birds or fowl are kept on said property.
(G) No residential property shall have more than four dogs and/or cats over threefour months of age.
(H) No residential property shall have more than four different species of animals sheltered and/or enclosed
outside the residence.
SECTION 3. Sections 5-12 and 5-18 as now existing, and any ordinances or parts
of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 4. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the va lidity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 5. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 13, 2007.
____________________________________
Margaret Hornady, Mayor
ORDINANCE NO. 9142 (Cont.)
- 3 -
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#9143 - Consideration of Amending City Code Chapter 8 Relative
to Insurance Requirements for Movers and Wreckers
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: November 13, 2007
Subject: City Code Amendments to Chapter 8, Buildings
Chapter 15, Electricity
Chapter 18, Gas
Chapter 26, Plumbing
Chapter 31, Signs
Item #’s: F-2, F-3, F-4, F-5, & F-6
Presenter(s): Craig Lewis , Building Department Director
Background
This request is for City Council approval to modify the City Code to increase the limit of
insurance covering the operation of registered contractors in the area of building movers
and wreckers, electrical contractors, water conditioning contractors, and sign installers.
Additionally section 18-25 will increase the time required to be in the trade for apprentice
and journeyman mechanical fitters.
Discussion
The minimum requirement for insurance provided by registered contractors has remained
the same for several years at $300,000, it appears reasonable to increase the minimum
amount to $1,000,000. The City council recently approved an increase for plumbing and
mechanical contractors and these modifications will bring the remaining contractors to
the same minimum level of required coverage.
Additional amendments are requested in the amount of time spent in the trades for
apprentice and journeyman mechanical fitters, from two years in the trade to three and
four years respectively. The requested amendments will also delete the language for open
and closed book test when the plumbing and mechanical boards administer testing of
licenses. The current philosophy is for open book testing through out the test.
These requested revisions have been reviewed by the various boards and approval is
recommended.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
2. Disapprove or /Deny the request.
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve Ordinances No. 9143, 9144,
9145, 9146 and 9147.
Sample Motion
Move to approve Ordinances No. 9143, 9144, 9145, 9146 and 9147.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
ORDINANCE NO. 9143
An ordinance to amend Chapter 8 of the Grand Island City Code; to amend
Sections 8-76 and 8-100 pertaining to insurance; to repeal Sections 8-76 and 8-100 as now
existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 8-76 of the Grand Island City Code is hereby amended to
read as follows:
§8-76. Insurance
(A) Every registrant shall maintain in full force and effect insurance policies written by a company or
companies authorized to do business in Nebraska, with the following coverages and amounts:
(1) Comprehensive General Liability Insurance covering the operations of the registrant, including coverage for
completed operations, with limits of not less than $1,000,000$300,000` per occurrence for bodily injury and
property damage.
(2) A provision that the City of Grand Island is an additional insured as to any third party claims for bodily
injury or property damage based upon occurrences in connection with the registrant's operations, including
completed operations, within the City's zoning jurisdiction.
(B) The registrant shall furnish the city building department with a certificate or certificates of insurance for the
above insurance coverage which shall contain a statement that said policies contain a provision that said policies
may not be canceled without written notice of such cancellation having been served on the City at least thirty (30)
days prior to the date of cancellation.
SECTION 2. Section 8-100 of the Grand Island City Code is hereby amended to
read as follows:
§8-100. Insurance
(1) Every registrant shall maintain in full force and effect insurance policies written by a company or companies
authorized to do business in Nebraska, with the following coverages and amounts:
(a) Comprehensive General Liability Insurance covering the operations of the registrant, including
coverage for completed operations, with limits of not less than $1,000,000$300,000 per occurrence for
bodily injury and property damage.
(b) The City of Grand Island shall be listed as an additional party insured as to any third party claims for
bodily injury or property damage based upon occurrences in connection with the registrant's operations,
including completed operations, within the City's zoning jurisdiction.
(2) The registrant shall furnish the City building department with a certificate or certificates of insurance for the
above insurance coverage which shall contain a statement that said policies contain a provision that said policies
may not be canceled without written notice of such cancellation having been served on the City at least thirty (30)
days prior to the date of cancellation.
ORDINANCE NO. 9143 (Cont.)
- 2 -
SECTION 3. Sections 8-76 and 8-100 as now existing, and any ordinances or
parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 4. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 5. That this ordinance shall be in force and take effect January 1,
2008.
Enacted: November 13, 2007.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#9144 - Consideration of Amending City Code Chapter 15 Relative
to Electrical Contractors Insurance Requirements
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
ORDINANCE NO. 9144
An ordinance to amend Chapter 15 of the Grand Island City Code; to amend
Section 15-36 pertaining to registration and insurance requirements; to repeal Section 15-36 as
now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 15-36 of the Grand Island City Code is hereby amended to
read as follows:
§15-36. Registration and Insurance Required
(A) No person shall engage in the business of installing, altering, or repairing any electrical wiring,
fixtures, or apparatus for any purpose whatsoever in the City without first having obtained a Certificate of
Registration as a contracting electrician.
(B) Every licensee shall maintain in full force and effect insurance policies written by a company or
companies authorized to do business in the State of Nebraska, with the following coverages, amounts, and
provisions:
(1) Comprehensive general liability insurance covering the operations of the licensee, including coverage
for completed operations, with limits of not less than $1,000,000$300,000 per occurrence for bodily injury
and property damage.
(2) A provision making the City of Grand Island an additional insured for any third party claims for bodily
injury or property damage based upon occurrences in connection with the licensee's business operations,
including completed operations, within the City's zoning jurisdiction.
(3) The licensee shall furnish the City a certificate or certificates of insurance for the above insurance
coverage which shall contain a statement that said policies contain a provision that said policies may not be
canceled without written notice of such cancellation having been served on the City at least thirty (30) days
prior to the date of cancellation.
SECTION 2. Section 15-36 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect January 1,
2008.
ORDINANCE NO. 9144 (Cont.)
- 2 -
Enacted: November 13, 2007.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#9145 - Consideration of Amending City Code Chapter 18 Relative
to Gas General Rules
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
ORDINANCE NO. 9145
An ordinance to amend Chapter 18 of the Grand Island City Code; to amend
Section 18-25 pertaining to general rules and requirements; to repeal Section 18-25 as now
existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 18-25 of the Grand Island City Code is hereby amended to
read as follows:
§18-25. General Rules
(1) All mechanical apprentices actively engaged under a master mechanical fitter will be required to
register with the City Building Department. Experience accrued towards taking the journeyman mechanical test will
only be accepted as a registered apprentice. Time accrued previous to registration will be noted.
(2) Time required for an apprentice to be actively engaged in the trade under the supervision of a master,
journeyman, or qualified shop will be a minimum of threetwo years. Proof of qualifications will be submitted to the
Board in writing for consideration and approval for the journeyman examination. Any academical time to be
considered by the Board in place of actual apprenticeship time in the trade must be from a State accredited college
or Technical school.
(3) Applicants must hold a journeyman license for a minimum of fourtwo years before taking the Master
exam, and be actively engaged in the trade for the full fourtwo years.
(4) The minimum age limit for a Journeyman examination will be Twenty (20) years of age unless
approved by the Board.
(5) The allotted time for the Master and Journeyman examination will be four hours. (two hours open book
and two hours closed book).
(6) Request for Master and Journeyman examination will be filed in the City of Grand Island Building
Department Office prior to the examination date for the consideration of the Board. Examination fee will be paid
with the application. No exam fee will be refunded after taking the examination.
(7) All applicants will submit, along with their request for examination, letters of proof of the required
apprenticeship time actively engaged in the trade.
(8) In the event that an applicant fails to pass the examination given, he may make application for a
subsequent exam after eighty-five (85) days have passed.
(9) At the discretion of the Board, experience gained at a industrial plant or outside the tri-city jurisdiction
may be considered as apprenticeship time to qualify for a Journeyman examination. Information considered by the
Board shall include written proof of previous experience record and oral examination.
(10) All examination papers are the property of the examining Board. Applicants will not be permitted to
remain during grading or to review examination papers after they have been submitted for grading. Test results will
be sent by mail.
(11) Applicant must obtain a passing score on each part of the exam (written as well as drawing).
(12) An applicant with a passing score will have a 30 day grace period to pick up a new license dated from
the test date.
(13) An applicant must supply his own copy of this Code; the Grand Island Building Department will not
supply copies to anyone during the test. Photocopies, reference books, or any other reference materials will not be
allowed in the testing area during the test.
ORDINANCE NO. 9145 (Cont.)
- 2 -
SECTION 2. Section 18-25 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect January 1,
2008.
Enacted: November 13, 2007.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F5
#9146 - Consideration of Amending City Code Chapter 26 Relative
to Insurance Requirements for Plumbing Water Conditioning
Contractor
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
ORDINANCE NO. 9146
An ordinance to amend Chapter 26 of the Grand Island City Code; to amend
Sections 26-53 and 26-34, pertaining to water conditioning contractors and general rules; to
repeal Sections 26-53 and 26-34 as now existing, and any ordinance or parts of ordinances in
conflict herewith; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 26-34 of the Grand Island City Code is hereby amended to
read as follows:
§26-34. General Rules
(1) All plumbing apprentices actively engaged under a master plumber will be required to register with the
City Building Department. Experience accrued towards taking the journeyman plumbers test will only be accepted
as a registered apprentice. Time accrued previous to registration will be approved and noted.
(2) Time required for an apprentice to be actively engaged in the trade under the supervision of a master,
journeyman, or qualified shop will be a minimum of three years. Proof of qualifications will be submitted to the
Board in writing for consideration and approval for the journeyman examination. Any academical time to be
considered by the Board in place of actual apprenticeship time in the trade must be from a State accredited college
or Technical school.
(3) Applicants must hold a journeyman license for a minimum of four years before taking the Master
exam, and be actively engaged in the trade for the full four years.
(4) The minimum age limit for a Journeyman examination will be Twenty (20) years of age unless
approved by the Board.
(5) The allotted time for the Master and Journeyman examination will be four hours. (two hours open book
and two hours closed book).
(6) Request for Master and Journeyman examination will be filed in the City of Grand Island Building
Department Office prior to the examination date for the consideration of the Board. Examination fee will be paid
with the application. No exam fee will be refunded after taking the examination.
(7) All applicants will submit, along with their request for examination, letters of proof of the required
apprenticeship time actively engaged in the trade.
(8) In the event that an applicant fails to pass the examination given, he may make application for a
subsequent exam after eighty-five (85) days have passed.
(9) At the discretion of the Board, experience gained at a industrial plant or outside the tri-city jurisdiction
may be considered as apprenticeship time to qualify for a Journeyman examination. Information considered by the
Board shall include written proof of previous experience record and oral examination.
(10) All examination papers are the property of the examining Board. Applicants will not be permitted to
remain during grading or to review examination papers after they have been submitted for grading. Test results will
be sent by mail.
(11) Applicant must obtain a passing score on each part of the exam (written as well as drawing).
(12) An applicant with a passing score will have a 30 day grace period to pick up a new license dated from
the test date.
(13) An applicant must supply his own copy of this Code; the Grand Island Building Department will not
supply copies to anyone during the test. Photocopies, reference books, or any other reference materials will not be
allowed in the testing area during the test.
ORDINANCE NO. 9146 (Cont.)
- 2 -
Amended by Ordinance No. 9118, effective 05-15-2007
SECTION 2. Section 26-53 of the Grand Island City Code is hereby amended to
read as follows:
§26-53. Water Conditioning Contractor
(1) No person shall engage in business as a water conditioning contractor without first obtaining a license
to do so from the Board.
(2) In case of any firm of more than one person or partnership engaged in the business of installing water
conditioning appliances, only one of such persons shall be required to qualify for a contractor’s license. In case of
corporations, only one officer shall be required to qualify for such license.
(3) No license as a water conditioning contractor shall be issued by the Board unless the applicant therefore
first shall have passed the examination for water conditioning installer as prescribed by this article, and shall have a
regularly established place of business wherein he or she shall have posted in a conspicuous place the license issued
pursuant to this article.
(4) Every licensee shall maintain in full force and effect insurance policies written by a company or
companies authorized to do business in Nebraska with the following coverages and amounts:
(a) Comprehensive General Liability Insurance covering the operations of the licensee, including coverage for
completed operations, with limits of not less than $1,000,000$300,000 per occurrence for bodily injury and
property damage.
(b) A provision making the City of Grand Island an additional insured for any third party claims for bodily
injury or property damage based upon occurrences in connection with the licensee’s business operations,
including completed operations, within the City’s zoning jurisdiction.
(5) The licensee shall furnish the City a certificate or certificates of insurance for the above insurance
coverage which shall contain a statement that said policies contain a provision that said policies may not be canceled
without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date
of cancellation.
SECTION 3. Sections 26-53 and 26-34 as now existing, and any ordinances or
parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 4. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 5. That this ordinance shall be in force and take effect January 1,
2008.
Enacted: November 13, 2007.
____________________________________
Margaret Hornady, Mayor
ORDINANCE NO. 9146 (Cont.)
- 3 -
Attest:
________________________________
RaNae Edwards, City Clerk
Item F6
#9147 - Consideration of Amending City Code Chapter 31 Relative
to Insurance Requirements for Sign Hangers
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
ORDINANCE NO. 9147
An ordinance to amend Chapter 31 of the Grand Island City Code; to amend
Section 31-3 pertaining to sign hanger’s licenses; to repeal Section 31-3 as now existing, and any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 31-3 of the Grand Island City Code is hereby amended to
read as follows:
§31-3. Sign Hanger's License
(1) It shall be unlawful for any person to engage in the business of sign hanging without first obtaining a
license for such business from the City, and without maintaining comprehensive liability insurance as provided
herein.
(2) The fee for a sign hanger's license shall be in accordance with the City of Grand Island Fee Schedule.
(3) Every licensee shall maintain in full force and effect an insurance policy written by a company or
companies authorized to do business in the State of Nebraska with the following coverages and amounts:
(A) Comprehensive general liability insurance covering the operations of the licensee, including
completed operations coverage, with limits of not less than $1,000,000$300,000 per occurrence for
bodily injury and property damage;
(B) A provision making the City of Grand Island a named insured for all third party bodily injury
and property damage claims arising out of occurrences in connection with the licensee's operations,
including completed operations, within the City's zoning jurisdiction;
(C) A provision that said policy or policies may not be canceled without written notice of such
cancellation having been served on the City at least thirty days prior to the date of cancellation.
SECTION 2. Section 31-3 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
ORDINANCE NO. 9147 (Cont.)
- 2 -
Enacted: November 13, 2007.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F7
#9148 - Consideration of Amending City Code Chapter 15 Relative
to Power Cost Adjustment
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;David Springer;Wesley Nespor
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
David Springer, Finance Director
Meeting: November 13, 2007
Subject: Power Cost Adjustment
Item #’s: F-7
Presenter(s): Gary R. Mader, Utilities Director
Background
Platte Generating Station has been out of service through the month of October in order
to perform a major inspection and overhaul of the turbine/generator, boiler and other
power plant equipment. Major overhauls are scheduled in the fall and/or spring months,
during periods when regional electric demand is at a minimum. With Platte Generating
Station not available for the City’s electric supply, power is purchased from the regional
electric grid via the 115,000 volt transmission interconnections in the City’s system, or
power may be generated by the Burdick Station Power Plant. In the low electric demand
periods of spring and fall, electric purchase from the regional electric grid is usually less
expensive than operating the gas or oil fired generation at Burdick Station. And that has
been the case for this Platte Generating Station outage. But even during this low electric
demand period, purchased power prices during the Platte Generating Station maintenance
outage averaged approximately double the price normally incurred for electric power
supply using the Utility Department generators.
Discussion
The Electric Rate Codes include a Power Cost Adjustment (PCA). The PCA provides a
method to adjust customer electric billings as variations in monthly power supply costs
occur. It is based on a six month rolling average of monthly power costs as stated in
Section 15-70 of the Grand Island City Code. If that six months average cost is above 15
mils ($0.015) per kilowatt hour, the customer’s electric bill includes an adder to recover
the difference between the base amount (15 mils) and the actual power supply cost. A
copy of that code section is attached for reference.
The highest monthly electric power costs for the City usually occur in the summer
months when the 100 megawatt (MW) capacity of PGS is not able to meet electric peak
demands of 160 MW or more. Power purchases are made from the regional electric grid
or the peaking generators at Burdick Station are operated to meet summer electric
demand. As the higher cost summer months’ power costs work into the Power Cost
Adjustment, the PCA generally increases each month into the fall and early winter, and
then lessens through the remainder of the year until the higher summer costs occur again.
This year though, the outage of PGS for the entire month of October, and resulting higher
power supply costs would drastically alter that normal pattern, and would raise the PCA
well above historic norms for the Electric Department’s customers as the high October
power costs become part of the six month rolling average. This spike would be
unexpected and likely unplanned for by our customers, and would raise their electric bills
substantially; in the range of 5 – 7% for the six month period which includes the October
power costs.
In order to avoid this situation, Finance and Utility staff reviewed the PCA computation
mechanism included in Section 15-70. The PCA spike can be avoided by specifically
setting the October 2007 power price at a more normal level. It is recommended that, for
the purpose of computing the PCA, the average power cost for October 2007 be
specifically set at the average power cost for the six months preceding the PGS
maintenance outage, at 22.14 mills ($0.02214) per kilowatt hour. The actual average
power cost for October was 45.63 mils ($0.04563). With the average power cost for
October set at a “normal” level, the PCA computations for the following six months,
through March 2008, will be nearer previous years’ levels. Since the PCA is part of the
City Code, an Ordinance is required to alter the stated PCA computation method.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends approval of Ordinance No. 9148 setting the October
2007 power cost for purposes of computing the PCA at 22.14 mils per megawatt hour.
Sample Motion
Move to approve Ordinance No. 9148.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
ORDINANCE NO. 9148
An ordinance to adjust the calculation of rates under Chapter 15 of the Grand
Island City Code and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The calculation of power cost adjustment under Section 15-70 is
amended as follows:
For the purpose of calculating the six-month average cost of energy per kilowatt-hour, the
average cost of energy for the month of October, 2007 is hereby set at 22.14 mills per kilowatt-
hour.
SECTION 2. Nothing in this Ordinance is intended to amend Section 15-70 as
now existing, but merely to set the average cost of energy for the month of October, 2007.
SECTION 3. This Ordinance is deemed non-permanent in nature and is not
intended for permanent codification.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 13, 2007.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of October 23, 2007 City Council Meeting
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 23, 2007
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on October 23, 2007. Notice of the meeting was given in The Grand Island Independent
on October 17, 2007.
Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council
members were present: Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney,
Gilbert, Niemann, and Meyer. The following City Officials were present: City Administrator Jeff
Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale
Shotkoski, and Public Works Director Steve Riehle.
INVOCATION was given by Pastor Jim Hofmann, First Church of the Nazarene, 1022 West 6th
Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady acknowledged the donation to the library from
Myrtle Grimminger in and amount of $888,250.00 and apologized for not mentioning it the
Library Grand Opening ceremonies. Mayor Hornady acknowledged Community Youth Council
members Ashley Cahlupa and Laura Wirth and Board Member Darren Sanchez. Also mentioned
was the Nebraska Veteran’s Home 120th Year Celebration this last weekend.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “National Adoption Month” November 2007. Mayor Hornady proclaimed the
month of November 2007 as “National Adoption Month”. Yolanda Nunc io was present to
receive the proclamation.
Proclamation “Community Planning Month” October 2007. Mayor Hornady proclaimed the
month of October as “Community Planning Month”. Chad Nabity, Regional Planning Director
was present to receive the proclamation.
Presentation by Marlan Ferguson, Economic Development President Relative to the Economic
Development Program Plan. Marlan Ferguson, President of the Economic Development
Corporation gave the Semi-Annual Report of the Economic Development Corporation and a
PowerPoint presentation of work being done by the Economic Development Corporation in
Grand Island. A total of 4,346 jobs had been created with $1,416,000 allocated to date and a
current balance of $147,137.53 to be used for incentives.
PUBLIC HEARINGS:
Public Hearing Concerning the Semi-Annual Report by the Citizens’ Review Committee on the
Economic Development Program Plan. Dehn Renter, Chairman of the Citizens’ Review
Committee reported that the Citizens’ Review Committee was required by State Statute and the
Grand Island City Code to make a semi-annual report to the City Council. No public testimony
was heard.
Page 2, City Council Regular Meeting, October 23, 2007
Public Hearing Concerning Acquisition of Utility Easement Located at 3003 Frontage Road –
Northeast of Orscheln’s Farm & Home Store (L & P Investments). Gary Mader, Utilities
Director reported that acquisition of a utility easement located as 3003 Frontage Road was
needed in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers. This easement would be used to place a three phase pad-
mounted transformer to provide electrical service to a new building under construction. No
public testimony was heard.
CONSENT AGENDA: Motion by Gilbert, second by Zapata to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 9, 2007 City Council Regular Meeting.
#2007-260 – Approving Semi-Annual Report by the Citizens’ Review Committee on the
Economic Development Program Plan.
#2007-261 – Approving Final Plat and Subdivision Agreement for Livermore Subdivision. It
was noted that James and Marlys Livermore, owners, had submitted the Final Plat for Livermore
Subdivision located on a tract of land comprising a part of the E1/2 NW1/4 of Section 28-11-9
consisting of approximately 1.052 acres for the purpose of creating 2 lots.
#2007-262 – Approving Final Plat and Subdivision Agreement for Westwood Park Eleventh
Subdivision. It was noted that Rudolf and Jeannice Plate and Tim Plate, owners, had submitted
the Final Plat for Westwood Park Eleventh Subdivision located on a tract of land comprising a
part of the NW1/4 SE1/4 of Section 14-11-10 consisting of approximately 10.620 acres for the
purpose of creating 21 lots.
#2007-263 – Approving Bid Award for Snow Removal Services for the 2007/2008 Winter
Season with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of
$125.00 per hour for Front End Loaders, $145.00 per hour for Motor Graders and $100.00 per
hour for Hauling Snow.
#2007-264 – Approving Designation of a Handicapped Parking Stall on Boggs Avenue North of
7th Street.
#2006-265 – Approving Acquisition of Utility Easement Located at 3003 Frontage Road –
Northwest of Orscheln’s Farm & Home Store (L & P Investments).
#2007-266 – Approving Bid Award for Platte River Well Field Wells #1, #4, and #8 Earthwork
with Hooker Brothers Construction of Grand Island, Nebraska in an Amount of $30,499.00.
#2007-267 – Approving Bid Award for Emergency Generator Repair at Platte Generating Station
with Great Plains Technical Services of Mandan, North Dakota in an Amount of $78,830.00.
Page 3, City Council Regular Meeting, October 23, 2007
RESOLUTIONS:
#2007-268 – Approving Funding of Economic Development Request. David Springer, Finance
Director reported this was the annual funding request from the Economic Development
Corporation in the amount of $750,000.00 which was budgeted. Councilmember Nickerson
commended the EDC on job creation and the investment to the community.
Motion by Nickerson, second by Meyer to approve Resolution #2007-268. Upon roll call vote,
all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Brown, second by Zapata to approve the Claims for the period of October 10, 2007
through October 23, 2007, for a total amount of $3,328,165.39. Motion adopted unanimously.
Motion by Brown, second by Zapata to approve the following Claims for the Library Expansion
for the Period of October 10, 2007 through October 23, 2007:
#90 $4,334.60
#91 $5,942.00
#92 $3,324.50
Total $13,601.10
Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 7:40 p.m.
RaNae Edwards
City Clerk
Item G2
#2007-269 - Approving Acquisition of Utility Easement - 1119 East
4th Street - East 4th Street Company (Alter Scrap)
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-269
WHEREAS, a public utility easement is required by the City of Grand Island, from the East
4th Street Company at Grand Island, a Nebraska non-profit corporation, to install, upgrade, maintain and
repair public utilities and appurtenances, including lines and transformers; and
WHEREAS, a public hearing was held on November 13, 2007, for the purpose of
discussing the proposed acquisition of an easement located in a part of Lot Two (2), Plummer Subdivision
located in the City of Grand Island, Hall County, Nebraska; more particularly described as follows:
Commencing at the northeasterly corner of Lot Two (2) Plummer Subdivision; thence
southwesterly along the northerly line of said Lot Two (2), a distance of two hundred forty
seven and six tenths (247.6) feet to the ACTUAL Point of Beginning; thence
S66°26’00”E, a distance of seventy three and twenty nine hundredths (73.29) feet; thence
S61°12’53”W, a distance of twenty five and twenty six hundredths (25.26) feet; thence
N66°26’00”W, a distance of seventy two and seventy one hundredths (72.71) feet to a
point on the northerly line of said Lot Two (2); thence N60°09’03”E, along the northerly
line of said Lot Two (2), a distance of twenty four and ninety one hundredths (24.91) feet
to the said Point of Beginning.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from the East 4th Street Company, at Grand Island, a
Nebraska non-profit corporation, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G3
#2007-270 - Approving the National Incident Management System
(NIMS) as the Standard for Incident Management
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Jon Rosenlund
City of Grand Island City Council
Council Agenda Memo
From: Jon Rosenlund, Emergency Management Director
Meeting: November 13, 2007
Subject: NIMS Resolution
Item #’s: G-3
Presenter(s): Jon Rosenlund, Emergency Management Director
Backgro und
Homeland Security Presidential Directive 5 (HSPD-5) “Management of Domestic
Incidents” requires States, territories, tribal entities, and local jurisdictions adopt and
implement the National Incident Management System (NIMS) in emergency planning,
training, exercises, and responses. This process is also referred to as NIMS Compliance
and requires the steps such as regular use of the Incident Command System, incident
management training, resource management, interoperable communications, planning
and exercises. NIMS Compliancy is required for participation in many State and Federal
grant programs.
Discussion
NIMS provides a framework for interoperability and compatibility by balancing
flexibility and standardization. NIMS provides a flexible framework that facilitates
government and private entities at all levels working together to manage domestic
incidents. This flexibility applies to all phases of incident management, regardless of
cause, size, location, or complexity. NIMS provides a set of standardized organizational
structures, as well as requirements for processes, procedures, and systems designed to
improve interoperability. This standardization allows outside resources to more
effectively collaborate with other partnering resources.
According to HSPD-5, local, state, tribal, and federal governments are to adopt and
implement the use of NIMS to ensure the best possible results of pre-disaster activites,
including preparation, training, technological upgrades, policy and legislation. NIMS also
allows organizations and governments to better respond to an emergency in an organized
and appropriate manner.
The first compliancy requirement for local jurisdictions is to formally adopt the National
Incident Management System (NIMS). Adoption is made by proclamation, resolution,
executive order, legislation or some other official method. Such adoption states that the
City of Grand Island formerly recognizes the NIMS as the method to be used in all
aspects of incident management. The components of NIMS includes command and
management, preparedness (including training), resource management, interoperable
communication and information management, supporting technologies, and ongoing
maintenance and support.
Jurisdictions that cannot maintain NIMS compliancy will forfeit eligiblity for certain
federal and state funding and grants.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the National Incident
Management System (NIMS) as the City standard for incident management.
Sample Motion
Move to approve the National Incident Management System (NIMS) as the standard for
the City of Grand Island for incident management.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-270
WHEREAS, Homeland Security Presidential Directive 5 (HSPD-5) “Management of
Domestic Incidents” requires that states, territories, tribal entities and local jurisdictions adopt and implement
the National Incident Management System (NIMS) in emergency planning; and
WHEREAS, implementation of the NIMS will ensure the best possible results of pre-
disaster activities which will allow government entities to better respond to an emergency in an appropriate
manner; and
WHEREAS, adoption of the NIMS will validate the City of Grand Island formerly
recognizes the NIMS as the method to be used in all aspects of incident management.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the National Incident Management System
(NIMS) as the City standard for incident management is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G4
#2007-271 - Approving Interlocal Agreement for Cooperative
Public Safety Services with the South Central Planning, Exercise
and Training Region (SCPETR)
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Jon Rosenlund
City of Grand Island City Council
Council Agenda Memo
From: Jon Rosenlund, Emergency Management Director
Meeting: November 13, 2007
Subject: South Central Planning, Exercise and Training Region
Interlocal Agreement
Item #’s: G-4
Presenter(s): Jon Rosenlund, Emergency Management Director
Background
In an effort to coordinate planning, exercises and training programs for public safety and
homeland security initiatives, the State of Nebraska has divided counties into Planning,
Exercise and Training (PET) Regions. Hall County and its municipalities are in the South
Central PET Region (SCPETR). In order for the City and County agencies to benefit
from this regional program, its grant funding and activities, Counties and their respective
largest municipalities are required to enter into an Interlocal Agreement.
Discussion
A growing number of emergency management, public safety and homeland security
initiatives in the State of Nebraska are being coordinated through PET Regions. Recently,
the Nebraska Emergency Management Agency (NEMA) has divided the State into seven
(7) regions. Hall County and all its municipalities are located in the South Central
Planning, Exercise and Training Region (SCPETR). Other counties included in this
region include Buffalo, Adams, Hamilton, Dawson, Clay, Harlan, Gosper, Frontier,
Franklin, Lincoln, Kearney, Phelps, Nuckolls, and Webster. NEMA has also required that
the major municipalities of each county enter into this agreement in order to benefit from
this program.
This Interlocal Agreement establishes the Planning, Exercise and Training Program for
this South Central Region. The agreement has a term of five (5) years, though it is
anticipated to be renewed following the end of the term. Any party may withdraw with 90
day notice.
Participation in this Interlocal Agreement is required for agencies to benefit from a
variety of Federal and State grants, including the State Homeland Security Grant, Law
Enforcement Terrorism Prevention Program, and various interoperable communications
grants. These grants are authorized to fund expenses for equipment, software, training,
and exercises.
The SCPETR is governed by a Policy Board, generally comprised of emergency
management directors from each party.
A Memorandum of Understanding accompanies this Agreement, but adoption of that
MOU is required at the County Board level only by NEMA. All appropriate documents
will be made available to the City Council and the Board of Supervisors for adoption.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Interlocal Agreement.
Sample Motion
Move to approve the Interlocal Agreement for Cooperative Public Safety Services with
the South Central Planning, Exercise and Training Region (SCPETR) communities.
SOUTH CENTRAL (PET) REGION
MEMORANDUM OF UNDERSTANDING
Overview
The Sout h Central PET Region and Harlan County recognize the need for coordination within the
region for regional planning, exercise, and training (PET). Today’s public safety realities have
highlighted the need for counties to function regionally and establish the PET process for interoperable
communications, mutual aid, and emergency response plans. This process not only goes beyond
traditional jurisdictional boundaries but across disciplines as well.
To institute the regional PET process, the Adams, Buffalo, Clay, Dawson, Franklin, Frontier,
Gosper, Hall, Hamilton, Harlan, Kearney, Lincoln, Nuckolls, Phelps, and Webster and the
participating cities and villages within said counties, emergency response agencies and public
service agencies have worked cooperatively to develop a regional solution. This solution establishes
the regional PET process for emergency response with procedures that are accessible and used by key
public service officials, public safety officials, and public and private service executives.
Purpose
The regional PET process is the basis for formalizing the region. The purpose of the regional PET
process is to provide structure for the South Central PET Region and create formalized governance in
the form of a regional committee. This governance structure transcends traditional or mutual inter-
discipline aid in terms of purpose. The regional PET process along with interoperable communications
ensures an organized method of planning, exercising, and training for coordination of resources to
expedite efficient deployment of those resources regionally. This shall serve primarily as the function
to unify the regional PET process. Moreover, the signees of this memorandum of understanding will
be responsible for coordinating with the region regarding the use of grant funds for the regional PET
process, and equipment.
Policy
It shall be the policy that the region will align with the State Homeland Security Strategy when
requesting Homeland Security Funds. Another requirement of the region is to maintain a 5 year
regional PET calendar. Local Emergency Operation Plans (LEOP) shall be maintained by the
individual counties. The purpose of these requirement s is to ensure collaboration between local
jurisdictions. All signees will be responsible for coordinating with the region regarding the use of
grant funds for PET and equipment, in accordance with the approved equipment list (AEL). Regional
partners shall address the sustainability of the PET program and equipment acquired through the
Homeland Security Grant Program.
This PET Memorandum of Understanding in no way supersedes, overrides or overrules any other
MOU, Mutual Aid Agreement or Interlocal Agreement the Region or Counties might have in place
prior to the implementation of this MOU. In addition any party may withdraw from this agreement at
any time, with or without cause, upon providing to the non-withdrawing Parties a written notice of
such withdrawal given not less than ninety (90) days prior to the effective date of the withdrawal.
Oversight
Each county participating in the use of the regional PET process will provide the Emergency
Management Director as the representative to the regional committee after entering into this MOU.
Oversight of the regional PET process is administered through the South Central PET Region which
will be chaired by a representative of that committee. Any issues affecting policy, recommendation,
and/or subsequent change that alter the purpose of the MOU will be implemented only after a
consensus is reached by the regional committee respectively. Accordingly, each county will be
responsible for oversight authority of their jurisdiction. It is the responsibility of county to ensure that
the regional SOPs are followed when necessary and to ensure that the National Incident Management
System and the National Response Plan will be integrated into the regional PET process.
Executed this ___ day of ____________, 2007.
Hall County
by:_____________________________________________
Chairperson
County Board of Supervisors
1
INTERLOCAL AGREEMENT FOR COOPERATIVE PUBLIC SAFETY
SERVICES
BY AND AMONG
THE COUNTIES OF ADAMS, BUFFALO, CLAY, DAWSON, FRANKLIN,
FRONTIER, GOSPER, HALL, HAMILTON, HARLAN, KEARNEY, LINCOLN,
NUCKOLLS, PHELPS, AND WEBSTER, AND THE CITIES AND VILLAGES
WITHIN SAID COUNTIES.
THIS AGREEMENT is made and entered into this ___ day of _____________
2007, by and between the Counties of Adams, Buffalo, Clay, Dawson, Franklin,
Frontier, Gosper, Hall, Hamilton, Harlan, Kearney, Lincoln, Nuckolls, Phelps, and
Webster and the participating cities and villages within said counties, all being a
bodies political and corporate and political subdivisions of the state of Nebraska,
hereinafter referred to collectively as the “Parties” and individually as a “Party.”
WITNESSETH:
WHEREAS, the Parties desire to form a Planning, Exercise and Training Region
among public safety agencies; and
WHEREAS, the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801, et seq.
provides that units of local government of the State of Nebraska and Nebraska state
agencies may enter into agreement for the joint and cooperative exercise of powers,
privileges, or authority capable of being exercised by either agency; and
WHEREAS, Neb. Rev. Stat. §13-801 provides that any one or more public
agencies may contract with any one or more public agencies to perform any
governmental service, activity, or other undertaking which each public agency entering
into the contract is authorized by law to perform; and
WHEREAS, Counties and the Cities are public agencie s as defined by Neb. Rev.
Stat. §13-801; and
WHEREAS, Neb.Rev.Stat. §29-215 authorizes municipalities and counties to
enter into contracts with any other municipality or county to form, operate and maintain a
Planning, Exercise and Training Program”
NOW, THEREFORE, the parties mutually covenant and agree as follows:
1) Definition: SCPETR is the South Central Planning, Exercise and Training Regional
group composed of the governmental agencies participating in this agreement.
2) Purpose: To establish, maintain and operate a public safety Training Exercise and
Training Program within the jurisdictions of the participating agencies.
2
3) Term. This agreement shall have a term of five (5) years commencing June 1, 2007.
4) Termination. This agreement may be terminated at any time, with or without cause,
upon the mutual consent of a majority of the member Parties.
5) Withdrawal. Any Party may withdraw from this agreement at any time, with or
without cause, upon providing to the non-withdrawing Parties a written notice of such
withdrawal given not less than Ninety (90) days prior to the effective date of the
withdrawal.
6) Governance. The activities of the cooperative undertaking shall be governed by a
board comprised of one or more representatives from each of the Parties, hereinafter
referred to as the “SCPETR Policy Board.” The SCPETR Policy Board shall meet
not less than four times each calendar year. The SCPETR Policy Board shall select as
officers a chairperson, Vice-Chairperson and a secretary who shall serve terms of one
year. A quorum of not less than a majority of the SCPETR Policy Board shall be
required to take action. All questions before the SCPETR Policy Board shall be
determined by majority vote of the members present. The SCPETR Policy Board
may adopt such by-laws and rules of procedure as deemed appropriate by the
SCPETR Policy Board.
7) Cooperative Powers and Authority. Each Party shall maintain their local PET
program, and other operating components of the local Emergency Management
Program. Each shall grant permission for any public safety agency to participate in
any such program.
8) Claims and Indemnity. At all times while utilizing or participating in the PET
program the employee of the Party shall remain an employee of the employing
agency. Each Party shall provide liability insurance and indemnification for its own
personnel as provided in Neb.Rev.Stat. §13-1802.
9) Modification. This Agreement may be modified by written agreement of the Parties.
10) No Separate Entity. There shall be no separate legal entity created through this
Interlocal cooperation agreement. Said agreement shall be jointly administered by the
SCPETR Policy Board as provided in section 4, above.
11) Property. Any property acquired or made available by any party to this agreement
for the purposes of this agreement shall remain the property of the party acquiring or
making such property available and shall be disposed of such party as provided by
law, regulation, or ordinance governing the same.
a) Any property acquired jointly shall, upon termination, be equitably distributed
among the Parties based upon the Parties’ financial contributions toward the
purchase and maintenance of any such property. In the event any Party withdraws
from this agreement, an equitable distribution of the jointly held property, or the
3
fair market value thereof, shall be made to the withdrawing party based upon the
withdrawing Party’s financial contributions toward the purchase and maintenance
of any such jointly held property.
b) Any party can be elected or appointed by the SCPETR Policy Board to act as
fiscal or purchasing agent in accordance with state law.
c) Any property to be purchased and jointly held by the Parties shall be purchased
pursuant to the purchasing rules or statutes applicable to the Party making the
purchase on behalf of the Parties.
d) Any surplus or unusable jointly held property shall be disposed pursuant to the
rules or statutes applicable to the Party making such disposition on behalf of the
Parties. The proceeds of any sale or disposition of jointly held property shall be
equitably distributed among the Parties based upon the Parties’ financial
contributions toward the purchase and maintenance of any such property.
e) An inventory of all property jointly held and a report on the disposition of any
joint property sold, transferred or disposed of during the prior twelve months shall
be provided to the City or County Clerk of each Party on or prior to April 1 of
each year.
12) Finances. This agreement shall be financed by funds available to the parties hereto.
13) Provision of Assistance. Pursuant to the Interlocal Cooperation Act, any party to
this agreement, in the party’s sole discretion, may appropriate funds and may sell,
lease, give, or otherwise provide assistance, including personnel and services, as may
be within the party’s legal power to furnish.
14) Additional Agreements.
a) This agreement shall become effective for each party when that party by
ordinance, motion or resolution adopts and approves this agreement and
authorizes the proper official to execute this agreement.
b) Additional cities or counties may become parties to this agreement upon
acceptance and execution of this agreement, and upon approval by the governing
bodies of the Parties already a party to this agreement or as directed by the
Nebraska Emergency Management Agency.
4
Executed this ___ day of ____________,
2007.
County of Hall
Executed this ___ day of ____________,
2007.
City of Grand Island
by:________________________________ by:________________________________
Cha irperson Mayor
County Board of Supervisors
[attest] [attest]
_________________________________ _________________________________
County Clerk City Clerk
Approved as to form: Approved as to form:
__________________________________ __________________________________
County Attorney City Attorney
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-271
WHEREAS, in an effort to coordinate planning, exercises and training programs for public
safety and homeland security initiatives, the State of Nebraska has divided counties into Planning, Exercise
and Training (PET) Regions; and
WHEREAS, Hall County and its municipalities are in the South Central PET Region
(SCPETR); and
WHEREAS, in order for the City of Grand Island to benefit from SCPETR grant funding
and activities, it is required that the city enter into an interlocal agreement with the regional program; and
WHEREAS, it is in the best interests of the City of Grand Island to enter into the Interlocal
Agreement with SCPETR
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement between the South
Central Planning, Exercise and Training Region (SCPETR) and the City of Grand Island is hereby approved
and the mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand
Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2007-272 - Approving State Bid Award for (1) 2008 Dodge Ram
Pickup for the Emergency Management Department
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Jon Rosenlund
City of Grand Island City Council
Council Agenda Memo
From: Jon Rosenlund, Emergency Management Director
Meeting: November 13, 2007
Subject: State Bid Award for 2008 Dodge Ram Pickup
Item #’s: G-5
Presenter(s): Jon Rosenlund, Emergency Management Director
Background
FY 2007-08 authorized the Emergency Management Department to purchase a vehicle in
line item 10022601 85625. A vehicle has been found on state bid that meets department
needs and is within budget.
Discussion
The Emergency Management Department seeks to purchase a 1/2 ton 2008 Dodge Ram
Quad Cab 4 Door 4x4 on State bid for $24,576.00 under State Contact No. 12053OC
with Lincoln Dodge, Inc. of Lincoln, Nebraska.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of the 2008
Dodge Ram pickup from the state bid.
Sample Motion
Move to approve the purchase of (1) 2008 Dodge Ram pickup from Lincoln Dodge, Inc.
of Lincoln, Nebraska in the amount of $24,576.00 under State Contract No. 12053OC.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-272
WHEREAS, the Emergency Management Department for the City of Grand Island,
budgeted for a vehicle in the 2007/2008 fiscal year; and
WHEREAS, said vehicle, a ½ Ton 2008 Dodge Ram Quad Cab Four Door 4x4, can be
obtained from the State contract holder; and
WHEREAS, purchasing the vehicle from the State contract holder meets all statutory
bidding requirements; and
WHEREAS, the funding for such vehicle is provided in the 2007/2008 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a ½ Ton 2008 Dodge Ram Quad
Cab Four Door 4x4 in the amount of $24,576.00 from the State contract holder, Lincoln Dodge, Inc. of
Lincoln, Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2007-273 - Approving Intergovernmental Agreement with the
Nebraska Department of Environmental Quality for Storm Water
Management Plan Program
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 13, 2007
Subject: Approving Inter-Governmental Agreement between the
Nebraska Department of Environmental Quality and the
City of Grand Island for the Storm Water Management
Plan Program Grant
Item #’s: G-6
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Nebraska Legislature allocated $2.5 million in funding for cities and counties with
Storm Water permits to implement their local Storm Water Management Plans (SWMPs).
The Nebraska Department of Environmental Quality (NDEQ) administers the grant
funds. Eligible communities include Omaha/Douglas County, Lincoln/Lancaster County,
South Sioux City, Beatrice, Columbus, Fremont, Grand Island, Hastings, Kearney,
Lexington, Norfolk, North Platte and Scottsbluff.
The City of Grand Island is coordinating SWMP activities among the 10 permitted non-
metropolitan communities. On August 7, 2007 the City Council approved a grant
application for the Storm Water Management Plan Program. The City of Grand Island
has been awarded up to $93,806.70. The required 20% match of $18,761.34 is in the
Fiscal Year 2007/2008 budget.
Discussion
The Inter-Governmental Agreement between NDEQ and the City of Grand Island will
allow the two to work together in implementing the Storm Water Management Plan.
Grant activities are restricted to the Best Management Practices (BMP's) and six
Minimum Control Measures (MCM's) identified in the city's storm water permit. The six
MCM's are:
1) Education and outreach,
2) Public involvement/participation,
3) Illicit discharge detection and elimination,
4) Construction site storm water runoff control,
5) Post-construction storm water management in new development and redevelopment,
and
6) Pollution prevention good housekeeping for municipal operations.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council authorize the Mayor to sign the Inter-
Governmental Agreement between the Nebraska Department of Environmental Quality
and the City of Grand Island Regarding the Implementation of the Storm Water
Management Plan Program.
Sample Motion
Move to authorize the Mayor to sign the Inter-Governmental Agreement with the
Nebraska Department of Environmental Quality.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-273
WHEREAS, the Nebraska Legislature allocated $2,500,000.00 in funding for cities and
counties with Storm Water permits to implement local Storm Water Management Plans (SWMPS); and
WHEREAS, On August 7, 2007, by Resolution 2007-186, the City Council approved a
grant application for the Storm Water Management Plan Program; and
WHEREAS, the City of Grand Island is required to enter into an Inter-Governmental
Agreement with the Nebraska Department of Environmental Quality to receive the grant funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Inter-Governmental Agreement between the
Nebraska Department of Environmental Quality and the City of Grand Island is hereby approved and the
mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2007-274 - Approving Change Order #1 for US Highway 30 and
Public Safety Drive Signal Project No. 2006-TS-1
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 13, 2007
Subject: Approving Change Order #1 for US Highway 30 and
Public Safety Drive Signal Project No. 2006-TS-1
Item #’s: G-7
Presenter(s): Steven P. Riehle, Public Works Director
Background
The City awarded Ensley Electrical Services, Inc. the $85,835.60 contract to construct the
traffic signals at the intersection of US Highway 30 and Public Safety Drive on February
27, 2007. Construction has started and high ground water in the area has caused a
problem installing the 12' deep signal pole footing in the northwest corner of the
intersection.
Discussion
Change Order #1 will cover the cost of installing the 12' signal pole footing in the high
ground water table. The only other way to install the footing would be to install a de-
watering well at an estimated cost of $10,000 or wait for the high ground water to go
down.
A summary of the costs of Change Order #1 are:
· Pier Driving Sub Contractor - $1,500.00
· Culvert Pipe - $ 198.00
· Digger Truck - $ 840.00
· Water Pump - $ 216.00
· Labor - $1,890.00
Total Cost - $4,644.00
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order #1 for US
Highway 30 and Public Safety Drive Signal Project No. 2006-TS-1.
Sample Motion
Move to approve Change Order #1 for US Highway 30 and Public Safety Drive Signal
Project No. 2006-TS-1.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-274
WHEREAS, on February 27, 2007, by Resolution 2007-49, the City of Grand Island
awarded the bid for US Highway 30 and Public Safety Drive Signal Project No. 2006-TS-1 to Ensley
Electrical Services, Inc., of Grand Island, Nebraska; and
WHEREAS, it has been determined that modifications to the work to be performed by
Ensley Electrical Services, Inc. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, the result of such modification will increase the contract amount by $4,644.00
for a revised contract price of $90,479.60.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City of Grand Island and Ensley Electrical Services,
Inc. of Grand Island, Nebraska to provide the modification set out as follows:
Pier Driving Sub-Contractor ...................................................................................................$1,500.00
Culvert Pipe ...............................................................................................................................198.00
Digger Truck.............................................................................................................................840.00
Water Pump...............................................................................................................................216.00
Labor .....................................................................................................................................1,890.00
Total....................................................................................................................................$4,644.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2007-275 - Approving State Bid Award for (1) 2008 Ford F250
XL 4x4 Pickup for the Engineering Division of the Public Works
Department
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 13, 2007
Subject: Approving State Bid Award for (1) Ford F250 XL 4x4
Pickup for the Engineering Division of the Public Works
Department
Item #’s: G-8
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Engineering Division of the Public Works Department budgeted for a pickup to be
used in the surveying operations of the division.
Discussion
The vehicle specifications awarded under State of Nebraska contract # 12031 OC meets
all of the requirements for the Engineering Division vehicle. Anderson Ford Lincoln
Mercury of Lincoln, Nebraska submitted a bid with no exceptions in the amount of
$23,399.00. There are sufficient funds for this purchase in Account No. 10033001-85625.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the State Bid Award to
Anderson Ford Lincoln Mercury in the amount of $23,399.00 for the F250 XL 4x4
pickup for the Engineering Division of the Public Works Department.
Sample Motion
Move to approve the State Bid Award to Anderson Ford Lincoln Mercury of Lincoln,
Nebraska in the amount of $23,399.00 for the F250 XL 4x4 pickup for the Engineering
Division of the Public Works Department.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-275
WHEREAS, the Engineering Division of the Public Works Department for the City of
Grand Island, budgeted for a vehicle in the 2007/2008 fiscal year; and
WHEREAS, said vehicle, a Ford F250 XL 4x4, can be obtained from the State contract
holder; and
WHEREAS, purchasing the vehicle from the State contract holder meets all statutory
bidding requirements; and
WHEREAS, the funding for such vehicle is provided in the 2007/2008 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a Ford F250 XL 4x4 in the
amount of $23,399.00 from the State contract holder, Anderson Ford Lincoln Mercury of Lincoln,
Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2007-276 - Approving Certificate of Final Completion for
Handicap Ramp Project No. 2007-1
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 13, 2007
Subject: Approving Certificate of Final Completion for Handicap Ramp
Project No. 2007-1
Item #’s: G-9
Presenter(s): Steven P. Riehle, Public Works Director
Background
A contract in the amount of $89,308.78 for the installation of Handicap Ramps throughout the
downtown area, Project No. 2007-1, was awarded to Galvan Construction on April 24, 2007.
Work commenced May 9, 2007 and was completed October 31, 2007.
Discussion
The project was completed in accordance with the terms, conditions, and stipulations of the
contract, plans, and the specifications. It was completed under budget at a total cost of $88,796.50
with no overruns or change orders.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Certificate of Final Completion for
Handicap Ramp Project No. 2007-1.
Sample Motion
Move to approve the Certificate of Final Completion for Handicap Ramp Project No. 2007-1.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-276
WHEREAS, the Public Works Director for the City of Grand Island has issued a
Certificate of Final Completion for Handicap Ramp Project No. 2007-1, certifying that Galvan
Construction, Inc., of Grand Island, Nebraska, under contract dated May 2, 2007, has completed such
project according to the terms, conditions, and stipulations for such improvements; and
WHEREAS, the Public Works Director recommends the acceptance of the final certificate
of completion; and
WHEREAS, the Mayor concurs with the Public Works Director's recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Public Works Director's Certificate of Final
Completion for Handicap Ramp Project No. 2007-1 is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2007-277 - Approving State Bid Award for (1) 1/2 Ton Ford
Pickup Truck for the Streets and Transportation Division of the
Public Works Department
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 13, 2007
Subject: Approving State Bid Award for (1) 1/2 Ton Ford Pickup
Truck for the Streets and Transportation Division of the
Public Works Department
Item #’s: G-10
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Streets Division of the Public Works Department is due to replace a 1999 Street
Supervisor's pickup truck. The replacement truck was included in the Fiscal Year
2007/2008 approved budget. The truck currently has over 90,000 miles.
Discussion
The 1/2 ton 4x4 extended cab pickup truck awarded under State of Nebraska contract
#12051 OC meets all of the requirements for the Street & Transportation Division. The
following is a summary of the State Bid Contract.
Bidder Exceptions Total Cost
Anderson Ford-Lincoln-Mercury
Lincoln, NE
None
$22,090.00
There are sufficient funds for this purchase in Account No. 10033501-85625.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of the ½ ton 4x4
extended cab pickup truck in the amount of $22,090.00 from Anderson-Ford-Lincoln-
Mercury of Lincoln, NE.
Sample Motion
Move to approve the purchase of the ½ ton 4x4 extended cab pickup truck from
Anderson-Ford-Lincoln-Mercury of Lincoln, NE in the amount of $22,090.00.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-277
WHEREAS, the Streets and Transportation Division of the Public Works Department for
the City of Grand Island, budgeted for a vehicle in the 2007/2008 fiscal year; and
WHEREAS, said vehicle, a Half Ton Ford Pickup Truck, can be obtained from the State
contract holder; and
WHEREAS, purchasing the vehicle from the State contract holder meets all statutory
bidding requirements; and
WHEREAS, the funding for such vehicle is provided in the 2007/2008 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a Half Ton Ford Pickup Truck in
the amount of $22,090.00 from the State contract holder, Anderson Ford Lincoln Mercury of Lincoln,
Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2007-278 - Approving State Bid Award for (6) Ford Crown
Victoria's Police Fleet Vehicles
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: November 13, 2007
Subject: Purchase of Police Fleet Vehicles
Item #’s: G-11
Presenter(s): Steven Lamken, Police Chief
Background
The Police Department is requesting permission to purchase six law enforcement package
Ford Crown Victoria's from Anderson Ford of Grand Island for a cost of $21,729 each or
$130,374 for the six vehicles. Funds were budgeted for the purchase.
Discus sion
The Police Department budgeted for the replacement of six marked patrol cars in the
2007/2008 fiscal year. Anderson Ford received the State of Nebraska bid for Ford Crown
Victoria police package patrol cars. The Police Department is requesting to purchase six
Crown Victoria patrol cars from Anderson Ford at a cost of $21,729 each or $130,374 for
all six vehicles. The cost per vehicle is within the amount budgeted for the purchase.
The Police Department will remove six existing vehicles from the fleet and sell them at
auction.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of six Ford
Crown Victoria police package patrol cars from Anderson Ford of Grand Island for a cost
of $130,374.
Sample Motion
Move to approve the purchase of six Ford Crown Victoria police package patrol cars
from Anderson Ford of Grand Island for a total cost of $130,374.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-278
WHEREAS, the Police Department for the City of Grand Island budgeted $130,374.00 in
the 2007/2008 fiscal year to purchase six new vehicles; and
WHEREAS, said vehicles can be obtained from the State contract holder; and
WHEREAS, purchasing the vehicles from the State contract holder meets all statutory
bidding requirements; and
WHEREAS, the funding for such vehicles is provided in the 2007/2008 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of six Ford Crown Victoria sedans in
the amount of $130,374.00 from the State contract holder, Anderson Ford of Grand Island, Nebraska, is
hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2007-279 - Approving Contract for Council Chamber
Audio/Video/Voting System Equipment Upgrade with AVI
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Wendy Meyer-Jerke
City of Grand Island City Council
Council Agenda Memo
From: Jeremy Watson, Audio/Video Technician
Wendy Meyer-Jerke, Public Information Officer
Meeting: November 13, 2007
Subject: Award Bid for Council Chamber Audio/Video/Voting
System Upgrade
Item #’s: G-12
Presenter(s): Jeff Pederson, City Administrator
Background
Grand Island Television, also referred to as GITV, has been operational since 1993.
GITV is classified as a PEG (Public Educational Governmental) station. For those
citizens who have Charter Cable, regular programming can be viewed on Channel 6 and
the community bulletin board is available on Info Channel 12. GITV can also be seen on
UHF Channel 56 for those who attain their local channels over the air. GITV broadcasts a
number of informative segments to its viewers, including every Grand Island City
Council Meeting, Citizen Review Committee Meeting, and other City of Grand Island
related segments. GITV continues to move forward with the vision of top-notch
educational and informative segments, quality LIVE broadcasts, community event and
non-profit promotion, as well as the dissemination of emergency information to Hall
County citizens.
For the last fourteen years, the Council Chambers has operated under its original
audio/video/voting system. Dur ing which time, no major modifications were made.
Several small changes have been implemented with little attention to the overall system
stability in mind. There is no documentation to the number of changes made to the
system, more importantly, where those changes and instabilities exist. This creates a very
volatile situation adding to increased instability in the overall performance of the system.
Discussion
Over the last six months system stability has been in a constant state of turmoil. The
current camera system cannot consistently attain a matching color temperature or engage
in finding and maintaining a good white balance. All four camera units are also suffering
from varying degrees of pixel burn. The result is poor image quality, especially when
broadcasting long/wide camera shots.
The current sound system has been worked on and rebuilt (with no documented changes)
numerous times through the years. Over time, these changes have affected not only the
way members of the audience are able to hear the meetings, but also Council Members
and GITV viewers as well. Microphones are over-modulated, broadcast levels are either
too low or too high, and Council Chamber speakers are unable to provide a quality output
level for audience participation. The current voting system is also tied in with the audio
system which complicates the situation even more and compromises system stability.
Outside of the original system schematic, there has been no CAD (computer aided
drawing) engineered. This upgrade will not only include a computer aided drawing, but
will give key personnel easy and accurate information in regard to Council Chamber
infrastructure, design, and maintenance.
Grand Island Television has researched this project since January. During which time,
Audiovisual, Inc. (AVI) employees have taken numerous site surveys to attain a complete
understanding of the needs of the City of Grand Island and assess potential problems. In
addition, GITV audio video technician and other city staff have visited two separate sites,
Columbus Nebraska Public Power District and Sioux City, Iowa. Both of these locations
operate systems almost identical to the proposed project with minor differences existing
of a customary nature. Both sites expressed a very positive experience in system
operational success and working with AVI Systems.
Upon feedback and request, there will be an additional high resolution digital recorder
engineered and implemented within Council Chambers. This device will be used for all
non-broadcast meetings to attain a digital transcript of said meetings which will then be
electronically archived within the city’s network.
AVI is a reputable company that GITV has worked closely with during two recent
upgrades the last few years. GITV is confident in the skills and knowledge of AVI to
complete this project in a professional, functional, and timely manner. AVI has always
been responsive to the needs of GITV and the same is expected with this project.
The specifications for the Council Chamber Upgrade Project: technical representation
and engineering were issued for proposal and a response was received from the following
bidder:
Bidder Bid Price
AVI (Audiovisual Inc.) Systems, Omaha, NE $107,948.00
Department Staff reviewed the proposal for compliance with the City’s specifications.
The proposal of AVI Systems is compliant with those specifications.
If this upgrade project is approved and implemented the following objectives will be met:
1. This project will allow GITV staff to spend more time creating quality segments
to put on air, rather than troubleshooting consistent technical difficulties in the
Council Chambers. In addition, the overall system performance will create a level
of stability that will allow for easy fut ure maintenance.
2. This project will allow broadcasts from City Council Chambers to be at a level of
audio and visual clarity that GITV has not had the capabilities of providing in the
past.
3. This technological upgrade will give viewers a more dynamic and interactive
experience of live local government meetings right from their home because of
the modernized and easy to understand voting system that will be installed.
4. This upgrade will give GITV the opportunity and flexibility to air more “live”
segments from City Council Chambers because the technology needed to air
quality segments will be in place. Furthermore, the Council Chambers upgrade
will give GITV the technological capability to attain digital audio transcripts of all
non-broadcast meetings and hearings to be electronically archived.
5. This project will elevate broadcast quality levels which will allow GITV to be
more competitive within mainstream media and has the potential of increasing
viewership.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the proposal received from Audiovisual, Inc. for
engineering and equipment costs for Council Chamber’s upgrade be accepted and
expenditure of funds authorized by resolution.
Sample Motion
Move to approve contract with Audiovisual, Inc. of Omaha, NE in the amount of
$107,948.00 for Audio/Video/Voting System Upgrade.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
COUNCIL CHAMBER AUDIO/VIDEO/VOTING SYSTEM EQUIPMENT UPGRADE
RFP DUE DATE: October 15, 2007 at 4:00 p.m.
DEPARTMENT: GITV
PUBLICATION DATE: September 27, 2007
NO. POTENTIAL BIDDERS: 3
SUMMARY OF PROPOSALS RECEIVED
AVI Systems
Omaha, NE
cc: Jeff Pederson, Administrator Wendy Meyer-Jerke, PIO
Jeremy Watson, Audio/Visual Technician Dale Shotkoski, City Attorney
Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary
P1194
Approved as to Form ¤
_______________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-279
WHEREAS, the City of Grand Island invited proposals for Council Chamber
Audio/Video/Voting System Equipment Upgrade, according to Request for Proposals on file with the GITV
Department; and
WHEREAS, on October 15, 2007, one proposal was received, reviewed and evaluated in
accordance with established criteria; and
WHEREAS, AVI Systems of Omaha, Nebraska, submitted a proposal in accordance with
the terms of the Request for Proposals and all statutory requirements contained therein and the City
Procurement Code, such proposal not to exceed the amount of $107,948.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of AVI Systems of Omaha,
Nebraska, in an amount not to exceed $107,948.00 for Council Chamber Audio/Video/Voting System
Equipment Upgrade is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 13, 2007.
_____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, Deputy City Clerk
Item G13
#2007-280 - Approving Contract for Electric Load Profiling &
Cost of Service Study
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Dave Springer, Finance Director
Meeting: November 13, 2007
Subject: Approving Contract for Electric Load Profiling and Cost-
of-Service Study
Item #’s: G-13
Presenter(s): Gary R. Mader, Utilities Director
Dave Springer, Finance Director
Background
The last comprehensive study and revision of rates for the Grand Island Electric Utility
was done in 1989. A significant change in the relationship among cost components has
occurred from that which existed in 1989, particularly related to fuel costs and the
purchasing or selling of power on the regional market. Our goal is to ensure that we have
in place a rate structure which reasonably reflects the costs to serve the various groups
within our customer base. In 2005, Stanley Consultants provided us with an Economic
Evaluation and Rate Revision Report that resulted in needed rate increases and also
recommended that a cost of service study be performed.
Discussion
Requests for Proposals (RFP) were sent out this spring and five responses were received
by the August 1 due date from Christensen Associates, Stanley Consultants, Inc., Black
& Veatch, Burns & McDonnell, and Utility Financial Solutions, LLC. After review, it
was felt that only two met all the criteria we had established in the RFP and had also
demonstrated successful experience in such studies; Christensen Associates of Madison,
WI and Stanley Consultants, Inc. of Muscatine, IA. After extensive contacts with their
references, it was decided to select Christensen Associates for our project. They were
also significantly lower on fees, with a not to exceed cost of $200,000. This study may
take as long as 2-3 years as data gathering may be needed, which could entail the
installation and monitoring of sampling meters at various customers and ultimately, a
recommendation on rates and a tie in to our accounting and billing systems. Funds are
budgeted for this study in the current fiscal year, in Enterprise Fund, #520.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the contract with Christensen
Associates.
Sample Motion
Move to approve the contract with Christensen Associates for an Electric Load Profiling
and Cost-of-Service Study.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
ELECTRIC LOAD PROFILING & COST OF SERVICE STUDY
RFP DUE DATE: August 1, 2007 at 4:00 p.m.
DEPARTMENT: Utilities
PUBLICATION DATE: June 16, 2007
NO. POTENTIAL BIDDERS: 6
SUMMARY OF PROPOSALS RECEIVED
Burns & McDonnell Christensen Associates Utility Financial Solutions, LLC
Kansas City, MO Madison, WI Holland, MI
Stanley Consultants, Inc. Black & Veatch
Muscatine, IA Overland Park, KS
cc: Gary Mader, Utilities Director Pat Gericke, Utilities Admin. Assist.
David Springer, Finance Director Dale Shotkoski, City Attorney
Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary
P1169
Approved as to Form ¤
_______________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-280
WHEREAS, the City of Grand Island invited proposals for Electric Load Profiling and Cost
of Service Study, according to Request for Proposals on file with the Finance Department; and
WHEREAS, on August 1, 2007, proposals were received, reviewed and evaluated in
accordance with established criteria; and
WHEREAS, Christensen Associates of Madison, Wisconsin, submitted a proposal in
accordance with the terms of the Request for Proposals and all statutory requirements contained therein and
the City Procurement Code, such proposal not to exceed the amount of $200,000.00; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Christensen Associates of
Madison, Wisconsin, in an amount not to exceed $200,000.00 for Electric Load Profiling and Cost of
Service Study is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 13, 2007.
_____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, Deputy City Clerk
Item G14
#2007-281 - Approving Amending to 2007/2008 Fee Schedule
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-281
WHEREAS, it is necessary to amend the 2007/2008 fee schedule to implement fees for
spayed/neutered animals; unaltered animals; replacement tag fee; potentially dangerous animals and
dangerous animals, as identified on Exhibit "A" attached hereto and incorporated herein by this reference;
and
WHEREAS, it would be beneficial to the City of Grand Island to implement the
amendments to the fee schedule; and
WHEREAS, it is recommended that such amendment be approved and adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Fee Schedule is hereby amended to implement
the fees identified in Exhibit "A" attached hereto.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
___________________________________
RaNae Edwards, City Clerk
Approved as to Form ? _______________
November 8, 2007 > City Attorney - 2 -
Exhibit “A”
Paragraph (A): $15$10 fee for each altered (spayed/neutered) animal
$30$20 fee for each unaltered animals
$10 late fee, $5 replacement tag fee
Paragraph (B): $10 late fee, $5 replacement tag fee (no changes requested)
Kennel Fee: $50 for Potentially Dangerous Animal
$100 for Dangerous Animal
Item G15
#2007-282 - Approving Change Order #2 - Water Main District
455 - Park-View Area
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Wesley Nespor
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: November 13, 2007
Subject: Water Main District 455 – Commerce Avenue and
Pioneer Blvd. – Change Order #2
Item #’s: G-15
Presenter(s): Gary R. Mader, Utilities Director
Background
In March of this year, the City entered into a contract for Water Main District 455 with
the Starostka Group Unlimited, Inc., of Grand Island, to install water lines and services to
the properties along Commerce Avenue and Pioneer Blvd., in the Park-View Subdivision,
located in the south-central portion of the City.
The contract specifies that after the pipe lines have been installed, the excavated material
is to be placed back into the trench and re-compacted for proper pipe support and to
prevent future settling. To insure surface areas do not settle, the soils are tested for proper
density. The tests for fill materials specify they are to be compacted to 95% of maximum
density within the street right-of-way. The Contractor is then responsible for maintenance
of the trench backfill for one year from the date of acceptance of the project by the City.
Discussion
During the past summer, Grand Island received rainfall well above normal amounts. This
resulted in groundwater levels rising to approximately 4 to 4.5 feet below grade and
saturation of the subsurface soils. Whereas optimum soil moisture for obtaining
maximum soil compaction should be around 10%, the moisture test results during this
wet construction season have ranged to over 24%. Consequently, the high moisture
content of the excavated materials prevented it from being backfilled and compacted as
specified.
The Utilities Department and Legal Department have been working with the Contractor
to resolve the soil density issue. As a result of these discussions, the Contractor is willing
to extend the warranty period on the backfill for three years. The time extension would
provide time for several yearly freeze-thaw cycles to occur, thereby verifying the backfill
was effectively placed. The Contractor will remedy any problems, if settling occurs
during the warranty period.
This Change Order is only for the extension of the warranty period for the backfill
compaction. There is no change to the Contract’s price.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order #2 to the
Contract for Water Main District 455 with the Starostka Group Unlimited, Inc., to extend
the warranty period from one year to three years for backfill compaction. There is no
change to the Contract’s price.
Sample Motion
Move to approve Change Order #2 to the contract for Water Main District 455 with the
Starostka Group Unlimited, Inc., to extend the backfill compaction warranty period to
three years.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-282
WHEREAS, on February 27, 2007, by Resolution 2007-43, the City of Grand Island
awarded a bid in the total amount of $219,862.80 for the construction of Water Main District No. 455 to
Starostka Group Unlimited, Inc., of Grand Island, Nebraska; and
WHEREAS, on August 28, 2007, by Resolution No. 2007-202, the City of Grand Island
approved Change Order No. 1 for additional expense for directional boring water service lines for Water
Main District No. 455; and
WHEREAS, because of rainfall received well above the normal amounts, the contractor,
Starostka Group Unlimited, Inc., of Grand Island, Nebraska, has agreed to extend the warranty period on
the backfill for three years for Water Main District No. 455; and
WHEREAS, Change Order No. 2 is for the extension of the warranty period only for the
backfill compaction and will not change the contract price of Water Main District No. 455.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No.2 for Water Min District No. 455.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2007-283 - Approving Bid Award - Uniform Rental for Utilities
and Public Works Employees
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Wesley Nespor
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Bud Buettner, Asst. Public Works Director
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: November 13, 2007
Subject: Bid Award-Uniform Rental Utilities/Public Works
Employees
Item #’s: G-16
Presenter(s): Gary R. Mader, Utilities Director
Background
Several divisions within the Utilities and Public Works Departments have uniform rental
agreements in order to maintain standard uniforms for City employees in these
departments. The Union Contracts require the employees to pay 40% of the cost and the
City 60%. Not all employees take advantage of the uniforms so the total numbers change
from time to time. The current supplier is Paramount Uniform and Linen. That contract
has been in place for three years, so the service was recently re-bid.
Discussion
Bid documents were prepared and advertised in accordance with the City Purchasing
Code. All bidders were given the number of uniforms detailed by each employees current
usage so all bidders had the same information to base their bids. Unit prices were
requested as part of the bid package to be used as new employees are hired or changes are
made to each employees needs. Bids were publicly opened on Tuesday October 23, 2007.
Four bids were received and evaluated by the Utilities and Public Works Departments.
Bids were received from Aramark Uniform Services, Lincoln, NE; Paramount Linen and
Uniform, Kearney, NE; Jackson Services, Inc., Columbus, NE; Village Uniform and
Linen Service, Kearney, NE. The low bid was received from Paramount Linen and
Uniform.
JACKSON VILLAGE ARAMARK PARAMOUNT
Bi-weekly
Cost Estimate $948.17 $2,020.80 $905.16 $890.39
Yearly
Cost Estimate $24,652.42 $52,540.80 $23,534.16 $23,150.14
Aramark requested a two year contract period with the option to renew for one additional
year which is an exception to the Bid. The Bid Specifications state a one year contract
with the option to renew for two additional one year periods. The intent is to stay with the
successful contractor for three years, all things being constant.
The amount currently being spent for uniform rental is approximately $26,000 per year.
Employees pay 40% of this cost through payroll deduction. It is anticipated that
approximately the same amount would be necessary to cover the Uniform Rental
Agreement for the upcoming year.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council accept the lowest bid for uniform
rental which was from Paramount Linen and Uniform, Kearney, NE.
Sample Motion
Move to approve the award of the bid for Uniform Rental Services to Paramount Linen
and Uniform.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: October 23, 2007 at 11:00 a.m.
FOR: Uniform Rental
DEPARTMENT: Utilities & Public Works
ESTIMATE: $29,000.00
FUND/ACCOUNT: Electric 52081295-92600
Water 52590600-70300
Streets 10033501-85140
WWTP 53030001-85160
Shop 61010001-85140
Solid Waste 50530041-85140
PUBLICATION DATE: October 5, 2007
NO. POTENTIAL BIDDERS: 6
SUMMARY
Bidder: Jackson Services,
Inc.
Village Uniform Aramark
Uniform
Services
Paramount
Uniform
Columbus, NE Kearney, NE Lincoln, NE Kearney, NE
Exceptions: None None None None
Brand of Uniform: Red Kap Red Kap Wear Guard Red Kap
Bid Price: One (1) year contract
a. Shirt, Industrial Poplin or equal; long sleeve $.41 $.64 $..38 $.40
b. Shirt, Industrial Poplin or equal; short sleeve .41 .73 .38 .40
c. Shirt, Oxford or equal; long sleeve .56 .91 .55 .55
d. Shirt, Oxford or equal; short sleeve .56 .79 .55 .55
e. Shirt, Uniform Blouse or equal; long sleeve .41 .84 .38 .40
f. Shirt, Indura Work Shirt or equal; long sleeve .83 2.10 .95 .80
g. Pan, Industrial Cut or equal .42 .90 .38 .44
h. Pant, Jean Cut (West) or equal .42 .90 .38 .44
i. Pant, Dress slacks or equal .65 1.38 .55 .62
j. Pant, Half Elastic Industrial .42 .99 .38 .44
k. Pant, Indura .83 2.27 .99 .80
l. Pant, Denim (Big Ben) or equal .49 .95 .45 .44
m. Pant, Denim (Wrangler) or equal .49 1.25 .45 .44
n. Pant, Red Kap Denim or equal .49 .98 .45 .44
Jacket; with inventory of 11 pants and shirts:
o. Team or equal N/C .82 N/C N/C
p. Panel or equal N/C .84 N/C N/C
q. Indura Zip-in/Zip-out N/C 2.85 3.60 N/C
Bidder: Jackson Services,
Inc.
Village Uniform Aramark
Uniform
Services
Paramount
Uniform
Columbus, NE Kearney, NE Lincoln, NE Kearney, NE
Jacket; with less-than inventory of 11 pants & shirts
r. Team or equal N/C .82 N/C N/C
s. Panel or equal N/C .84 N/C N/C
t. Indura Zip-in/Zip-out N/C 2.85 3.60 N/C
u. Coveralls, Action Back or equal; with inventory of 11
pants and shirts
.90 .71 .70 .80
v. Coveralls, Action Back or equal; rented in winter
months only; with inventory of 11 pants and shirts
.90 1.00 .70 .80
w. Coveralls, Action Back or equal; rented in winter
months only; with less than inventory of 11 pants and
shirts
.90 1.50 .70 .80
x. Short/long sleeve option – per shirt in addition to
individual shirt costs above
.10 1.50 .80 N/C
y. Pre-Set up charge per item N/C .75 N/C N/C
z. Any other applicable cost not shown elsewhere None 5% Energy
Surcharge
None None
aa. Emblem for department designation; one-time cost
each emblem
N/C 2.50 N/C N/C
bb. Emblem for employee name designation; one-time
cost each emblem
N/C 1.50 N/C N/C
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Steve Riehle, Public Works Director Bud Buettner, Assist. Utilities Director
Pat Gericke, Utilities Admin. Assist. Catrina Delosh, PW Admin. Assist.
Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney
Sherry Peters, Legal Secretary
P1195
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-283
WHEREAS, the City of Grand Island invited sealed bids for uniform rental, according to
specifications on file with the Utilities Department and Public Works Department; and
WHEREAS, on October 23, 2007, bids were received, opened and reviewed; and
WHEREAS, Paramount Linen and Uniform of Kearney, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and specifications and all other statutory
requirements contained therein, such bid being in the amount of $23,150.14 annually; and
WHEREAS, the bid of Paramount Linen Uniform is less than the estimate for uniform rental
services.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Paramount Linen and Uniform of
Kearney, Nebraska, in the amount of $$23,150.14 annually for uniform rental services is hereby approved
as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2007-284 - Approving Change Order #1 for Boiler Inspection and
Repair Contract with W-S Mechanical Group - Platte Generating
Station
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Wesley Nespor
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: November 13, 2007
Subject: Boiler Inspection and Repair Contract Change Order
Item #’s: G-17
Presenter(s): Gary R. Mader, Utilities Director
Background
Prior to the major overhaul and maintenance outage at Platte Generating Station this fall,
plant staff developed an extensive specification and received bids for major repairs to be
done on the plant boiler and auxiliary equipment. The repair specifications were based on
known problems found from visual inspections, instrument tests, and plant systems
operating histories. The specifications also included additional testing and inspections to
be done during the overhaul. The testing during the outage is for internal boiler tubes,
high pressure piping, hot gas paths, ducting and other plant components that cannot be
accessed until the unit is off line and cooled down to allow access. Much of the internal
boiler operates at temperatures in excess of 2,000o F. WS Mechanical Group was
awarded the original contract for Boiler Inspection and Repair at the Council Meeting of
June 26, 2007, in the amount of $579,337.11. The next low bid price for the original
contract was $1,197,700.
Discussion
The testing and inspection of the high temperature areas after unit shut down found a
number of problems not known at the time the original repair specifications were
developed. The problems included boiler tube erosion, cracked high temperature ducting,
failed insulation, worn structural members, and critical piping supports. A more detailed
description of the specific needed repairs is attached.
These repair needs were not known at the time of the original specification preparation,
but that was the reason that the additional inspection and testing were included in that
specification. The additional work required to accomplish the repairs was necessary to
restore Platte Generating Station to a condition to operate reliably for the five year
interval between major overhauls. The total cost of the additional repair work is
$123,237.93, for a final contract cost of $702,575.04.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends authorization of Change Order #1 to the Boiler
Inspection and Repair Contract at the Platte Generating Station for an addition to the
contract price of $123,237.93.
Sample Motion
Move to approve Change Order #1 to the Boiler Inspection and Repair Contract with W-
S Mechanical.
WS Mechanical – Boiler Inspection & Repair/FWH Install/AH Basket Changeout –
Contract Amount ($580,000)
§ Remove/Replace Clinker Grinder ($6,440)
Upon boiler inspection, a bottom ash "clinker grinder" was found to be severely eroded
and worn. The clinker grinder ensures that large pieces of slag are crushed so they can be
conveyed through the bottom ash removal system. This extensive wear was unexpected;
it was not included in the original outage repair work scope. WS Mechanical was already
on-site performing other repairs of major equipment. They were the only qualified
contractor, quickly available, who could meet the outage schedule.
§ Finishing SH Repairs: (14) Dutchmen & (2) Padwelds ($7,840)
With boiler internal inspection, several finishing superheater tubes were found to
be eroded by soot blower operation. Soot blower erosion is a boiler tube failure
mechanism which may jeopardize reliability. This erosion was not known when
the bid specifications were prepared and was not included in the original outage repair
scope. All tubes, eroded to less than 50% of their design thickness needed to be replaced.
All tubes eroded to less than 75% of their design thickness, were pad welded. WS
Mechanical was already on-site performing other repairs.
§ Furnace Front Wall Tube Replacement (7 Tube Panel) ($14,600)
A boiler tube wall area adjacent to C1 soot blower was found to be eroded. Repair of this
erosion damage was not included in the original outage repair specifications. The repair
consisted of a 7-tube panel, 18" in height.
§ Remove/Replace Superheat & Reheat Header TC's ($2,240)
In the top of the boiler, several thermocouples were identified as needing replacement.
The repair involves welding the new thermocouple pads to the high pressure piping and
headers. This thermocouple replacement was not included in the original outage repair
contract. WS Mechanical performed the replacement to meet the outage schedule.
§ Remove/Replace Dewatering Bin Insulation ($2,240)
The Bottom Ash Dewatering Bin insulation was found to be cracked and eroded. Repair
was necessary. Three Insulating contractors were contacted; Midwest Insulation,
Insulation Systems and WS Mechanical. WS Mechanical was the only contractor who
could meet the outage schedule.
§ Repair Precip Inlet Duct Leaks ($38,472)
Upon precipitator inspection, several cracks were observed in the inlet ducting steel
structure. These cracks allow moisture into the gas path entering the precipitator. Duct
repair was not included in the original outage repair scope. WS Mechanical performed
the repairs to meet the outage schedule.
§ Air Heater Drive Gear Repairs ($2,520)
The air heater is a rotating “wheel” located in the boiler exhaust gas stream that transfers
heat from the exhaust gas to the incoming combustion air. It is a rotating element
weighing approximately 70 tons. The air heater drive gear was found to be out of
alignment. This situation causes "out of roundness" with the air heater basket assembly.
To avoid premature breakdown, this situation required repair. WS Mechanical was used
to perform the needed repair to meet the outage schedule.
§ Feedwater Heater #4 Thermal Well Drilling ($560)
Upon receipt of the new #4 feedwater heater, it was noted that it didn't contain wells to
accept the required thermocouple installation. WS Mechanical was used to install the
thermocouple wells.
§ HRH Hanger Beam Repair ($1,120)
Upon inspection of the high pressure piping supports, it was noted that the hot reheat
(HRH) pipe had migrated away from its designed neutral cold position. The piping
needed to be adjusted to ensure proper expansion to the hot position. A pipe guide beam
was modified to allow correct movement. WS Mechanical performed the repair.
§ Install Corten Plating @ Economizer Front Wall ($1,120)
An area of the boiler economizer front wall was found to be eroded by soot blower
erosion. To mitigate tube erosion, a corten steel plate was placed to protect the eroded
section of economizer tubing. WS Mechanical performed the repair.
§ RH & SH Header Insulation Repair ($5,488)
Insulation failures were found on the reheat & superheat headers in the boiler penthouse.
Some of the block insulation had crumbled and displaced itself. Three Insulating
contractors were contacted; Midwest Insulation, Insulation Systems and WS Mechanical.
WS Mechanical was the only contractor who could respond in time to meet the outage
schedule.
§ House Heating Pipe Insulation ($2,240)
During plant inspection, the house heating turbine extraction piping was found with
insulation damage. Three Insulating contractors were contacted including Midwest
Insulation, Insulation Systems and WS Mechanical. WS Mechanical was the only
contractor who could meet the outage schedule.
§ Feedwater Heater #4 Reinsulate ($26,488)
Replacement Feedwater Heater #4 was installed during this outage. The required
insulation was overlooked when the replacement was specified. Three Insulating
contractors were contacted; Midwest Insulation, Insulation Systems and WS Mechanical.
WS Mechanical was the only contractor who could meet the outage schedule.
§ Total Material Costs ($11,870)
This item includes the materials used by the contractor to complete the work included in
the added work assignments. The materials procured are separated for tax purposes.
Total WS Mechanical Adder: $123,238
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-284
WHEREAS, on June 26, 2007, by Resolution 2007-146, the City of Grand Island
awarded the bid for Boiler Inspection and Repair to W-S Mechanical Group, LLC, of Council Bluffs,
Iowa; and
WHEREAS, it has been determined that modifications to the work to be performed by W-
S Mechanical Group, LLC are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, the result of such modification will increase the contract amount by
$123,237.93 for a revised contract price of $702,575.04.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City of Grand Island and W-S Mechanical Group,
LLC of Council Bluffs, Iowa to provide the modification set out as follows:
Remove/Replace Clinker Grinder ............................................................................................$6,440.00
Finishing SH Repairs: (14) Dutchmen & (2) Padwelds ................................................................7,840.00
Furnace Front Wall Tube Replacement (7 Tube Panel)...............................................................14,600.00
Remove/Replace Superheat & Reheat Header TC’s .....................................................................2,240.00
Remove/Replace Dewatering Bin Insulation ................................................................................2,240.00
Repair Precip Inlet Duct Leaks ................................................................................................38,472.00
Air Heater Drive Gear Repairs ...................................................................................................2,520.00
Feedwater Heater #4 Thermal Well Drilling....................................................................................560.00
HRH Hanger Beam Repair .........................................................................................................1,120.00
Install Corten Plating & Economizer Front Wall ..........................................................................1,120.00
RH & SH Header Insulation Repair ...........................................................................................5,488.00
House Heating Pipe Insulation ...................................................................................................2,240.00
Feedwater Heater #4 Re-insulate .............................................................................................26,488.00
Total Material Costs...............................................................................................................11,870.00
Total.................................................................................................................................$123,238.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
- 2 -
RaNae Edwards, City Clerk
Item G18
#2007-285 - Approving Final Plat and Subdivision Agreement for
Deadwood Second Subdivision
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: November 13, 2007
Subject: Deadwood Second Subdivision – Final Plat
Item #’s: G-18
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This final plat proposes to create 2 lots on a tract of land comprising all of Lot Six (6),
Deadwood Subdivision in the City of Grand Island, Hall County, Nebraska. This land
consists of approximately 4.652 acres. This property is located south of W. Old Highway
30, between Johnstown Road and Claude Road. Water is available to the subdivision.
Sewer is not available and the Nebraska Department of Environmental Quality has
approved the use of on-site treatment systems for these lots.
Discussion
The final plat for Deadwood Second Subdivision was considered under the Consent
Agenda by the Regional Planning Commission at the November 7, 2007 meeting. A
motion was made by Ericksen, and seconded by Miller to approve the plat as presented.
A roll call vote was taken and the motion carried with 12 members present voting in
favor (Miller, Amick, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, Eriksen,
Bredthauer, Heineman, Snodgrass).
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented
Sample Motion
Motion to approve as recommended.
Deadwood Second Subdivision Final Plat Summary
Developer/Owner
Kevin and Tammie Hulse
4300 W Wildwood Drive
Grand Island, NE 68803
2 Lots south of Arch Street and east of Johnstown Road.
Size: 4.652 Acres
Zoning M2-Heavy Manufacturing
Road Access: Public City Streets, No new streets will be added
Water Public: City Water is Available and will be extended to serve all lots
Sewer Public: City Sewer Not Available. The state has approved the use of a septic
system on these lots.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-285
WHEREAS, Kevin Hulse and Tammie Hulse, husband and wife, as owners, have caused
to be laid out into lots, a tract of land comprising all of Lot Six (6), Deadwood Subdivision, in the City of
Grand Island, Hall County, Nebraska, under the name of DEADWOOD SECOND SUBDIVISION, and
have caused a plat thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by
Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owner of the
property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of DEADWOOD SECOND
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the
City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G19
#2007-286 - Approving State Bid Award for (1) 2008 Chevrolet
Impala for the Building Department
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: November 13, 2007
Subject: Purchase of 2008 Chevrolet Impala for Building
Department
Item #’s: G-19
Presenter(s): Craig Lewis , Building Department Director
Background
The 2007-2008 budget included funds for the replacement of an inspection vehicle. State
bids were reviewed a replacement purchase is requested.
Discussion
The Department is requesting approval of the purchase of a 2008 Chevrolet Impala from
Sid Dillon Chevrolet-Buick-Pontiac, Wahoo, Nebraska the vendor of the State of
Nebraska contract #12042OC in the amount of $15,597.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
2. Disapprove or /Deny the request.
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the request and authorize the
purchase of the identified vehicle on the State awarded contract.
Sample Motion
Move to approve the purchase of an inspection vehicle from Sid Dillon Chevrolet-Buick-
Pontiac from Wahoo, Nebraska on State Contract #12042OC in the amount of
$15,597.00.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-286
WHEREAS, the Building Department for the City of Grand Island, budgeted for a vehicle in
the 2007/2008 fiscal year; and
WHEREAS, said vehicle, a 2008 Chevy Impala, can be obtained from the State contract
holder; and
WHEREAS, purchasing the vehicle from the State contract holder meets all statutory
bidding requirements; and
WHEREAS, the funding for such vehicle is provided in the 2007/2008 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2008 Chevy Impala in the
amount of $15,597.00 from the State contract holder, Sid Dillon Chevrolet-Buick-Pontiac of Wahoo,
Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G20
#2007-287 - Approving Law Enforcement Center Costs in Excess
of Budget
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Council Agenda Memo
From: Steve Lamken, Police Chief
Dave Springer, Finance Director
Meeting: November 13, 2007
Subject: Approving Law Enforcement Center Costs in Excess of
Budget
Item #’s: G-20
Presenter(s): Steve Lamken, Police Chief
Dave Springer, Finance Director
Background
At the end of fiscal year 2007 on September 30, City Finance and Police Administration
encumbered $2,360,283 in the Capital Projects Fund to provide budget for the completion
of the Law Enforcement Center (LEC) with an estimated total cost of $8.8 million. At
this time, due to the costs of equipment and furnishings, it is projected that the final cost
will nearer $9,050,000. The Capital Projects Fund is budgeted for 2008 at $6.5 million,
plus $3.1 million encumbered from 2007, that is, budgeted but not spent in 2007 and
carried forward to the next fiscal year.
Discussion
It would be highly unusual that in a $9.6 million Capital Projects budget, that their
wouldn’t be $250,000 available to final out the Law Enforcement Center from other
projects that get delayed, under run from conservative budgeting, or ones that can be
pushed to another year. There are revenue offsets, as there is $60,000 in unspent
contingency funds, approximately $40,000 in late penalties on contractors, and about
$180,000 in earnings on bond proceeds, net of arbitrage. Thus, it is not anticipated that a
formal budget amendment would be necessary, but it is appropriate that council be
appraised of these higher costs and is requested to approve a redirection of funds as
indicated above.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Resolution to provide a
higher spending level for the LEC than currently budgeted without increasing total
project spending.
Sample Motion
Move to approve the Resolution to increase budgeted spending for the LEC by $250,000,
with no total budget increase for the Capital Projects Fund.
Approved as to Form ? _______________
November 9, 2007 ?City Attorney
R E S O L U T I O N 2007-287
WHEREAS, the city’s Finance Department and Police Administration encumbered
$2,360,283.00 from the 2006/2007 Capital Projects Fund to provide budget for the completion of the Law
Enforcement Center; and
WHEREAS, the City of Grand Island 2007/2008 Budget Statement was approved and
adopted on August 28, 2007 by Ordinance No. 9135; and
WHEREAS, it is recommended that the city reallocate $250,000.00 within the Capital
Projects Fund for the purpose of completing the Law Enforcement Center within no overall increase in the
fund.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the city reallocate $250,000.00 within the general
fund for the purpose of completing the Law Enforcement Center.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 13, 2007.
_____________________________________
Margaret Hornady, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Item G21
#2007-288 - Approving State Bid Award for Portable Radios for
Fire Department
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Jim Rowell
City of Grand Island City Council
Council Agenda Memo
From: Jim Rowell, Fire Chief
Meeting: November 13, 2007
Subject: Replacement of Portable Radios
Item #’s: G-21
Presenter(s): Jim Rowell, Fire Chief
Background
The Grand Island Fire Department has recently experienced battery connection problems
with its existing stock of Motorola two-way portable radios. This is a serious problem
that could have grave consequences if not remedied expeditiously. The Grand Island Fire
Department has worked directly with Motorola, the Motorola representative to the state
bid contract, and local Motorola representative Platte Valley Communications to resolve
this problem. The proposed solution includes replacement of existing portable radio
stock. The proposal includes the following:
63 Motorola GPS XPR 6550 portable radios @$567.00 each $35,721.00
63 Motorola Speaker Mics (submersible) @ $57.70 each $3635.10
50 Motorola Impress batteries 1500 MAH Li-ion @ $72.00 each $3600.00
Programming software RVN5115 @ $299.00 each $299.00
Total Purchase $43,255.10
The purchase should be awarded to Platte Valley Communications of Grand Island,
Nebraska, the local representative of State Bid Contract #11182 OC.
Discussion
In light of the battery connection problems with existing Motorola portable radios owned
by Grand Island Fire Department, Motorola has made a special concession regarding this
purchase. The state bid contract #11182 OC price for the Motorola GPS XPR 6550 is
normally $1,078.25 which is a 5% reduction from list price. For this purchase only,
Motorola has offered a 48% reduction in list price. Normally, the radios alone would cost
$67,929.75 if utilizing the existing state bid contract price. The savings offered on the
radios alone is over $32,000. Motorola is offering this special concession until November
30, 2007.
There are other benefits seen by this purchase. The Grand Island/Hall County Emergency
Operations Center (GIEC) is in the process of updating their existing communications
consoles. These consoles have the ability to track radio signals and pinpoint their location
through GPS. The existing GIFD portable radios are not capable of sending this tracking
signal. The proposed radios will send the GPS signal and interface with the new GIEC
consoles. This tracking will facilitate more efficient deployment of emergency responders
to emergency incidents based upon the GPS tracking information.
It is the recommendation of the Grand Island Fire Department that Platte Valley
Communications of Grand Island, Nebraska be awarded the bid based upon the existing
state bid contract #11182 OC at the reduced price offered directly from Motorola due to
existing battery connection issued.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council award the bid to Platte Valley
Communications.
Sample Motion
Move to approve the purchase of portable radios and equipment from Platte Valley
Communications for a price of $43,255.10.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-288
WHEREAS, the Fire Department for the City of Grand Island is experiencing severe
battery connection problems with its existing stock of Motorola two-way radios; and
WHEREAS, said radios can be replaced by the State contract holder under State Contract
#11182 OC; and
WHEREAS, purchasing the radios from the State contract holder meets all statutory
bidding requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of portable radios and equipment in
the amount of $43,255.10 from the State contract holder, Platte Valley Communications of Grand Island,
Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G22
#2007-289 - Approving Right-of-Way Acquisition Certification for
Capital Avenue Widening Project
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Wesley D. Nespor, Attorney
Meeting: November 13, 2007
Subject: Certificate of Rights-of-Way Acquisition
Item #’s: G-22
Presenter(s): Dale Shotkoski, City Attorney
Background
One of the initial phases of the Capital Avenue widening project was the acquisition of
permanent rights-of-way and temporary easements from the abutting landowners. Since
other agencies are participating in the project, periodic reports and certificates must be
made to them. One such document is a certificate that the City of Grand Island has now
obtained all the rights-of-way and easements necessary to move forward to the next
phase.
Discussion
The City had obtained, through voluntary means, the necessary rights-of-way on all but
four tracts of land. Condemnation proceedings concerning these four tracts were filed in
the Hall County Court, a hearing was held, and an appraiser’s award was entered and
recorded with the Register of Deeds. Even though the owners have appealed the award to
the District Court, the rights-of-way and easements are now vested in the City. The
statutes are written this way so that projects are not delayed by lengthy legal proceedings
regarding the amount to be paid for the land needed by the City. The City is now in a
position to certify to the other participating agencies that the rights-of-way and easements
have been acquired.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the resolution authorizing the Mayor to certify the acquisitions.
2. Continue the issue to a later date.
Recommendation
City Administration recommends that the Council approve the resolution authorizing the
Mayor to certify the acquisition of the Capital Avenue rights-of-way.
Sample Motion
Move to approve the resolution authorizing the Mayor to certify the acquisition of the
Capital Avenue rights-of-way and easements.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-289
WHEREAS, the acquisition of permanent and temporary easements have been obtained
from abutting landowners by the City of Grand Island in the Capital Avenue Widening Project; and
WHEREAS, it is necessary that the city certify to other participating agencies in the Capital
Avenue Widening Project that the permanent and temporary easements have been acquired.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island has obtained the
necessary permanent and temporary easements from abutting landowners for the Capital Avenue Widening
Project; and the Mayor is hereby authorized and directed to certify the acquisition of the rights-of-way and
easements on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
__________________________________
RaNae Edwards, City Clerk
Item H1
Consideration of Request from Chief Industries, Inc. for a
Conditional Use Permit for Additional Parking and Use of a Rock
or Crushed Concrete Surface for One Year Located at 1208 South
Adams Street
This item relates to the aforementioned Public Hearing Item E-4.
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Item I1
#2007-290 - Consideration of Request of JR Enterprises LLC dba
JR Liquor, 624 West 4th Street for a Class "D" Liquor License
and Liquor Manager Designation for Judy Sheeks-Rivas, 3207
East Seedling Mile Road
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-290
WHEREAS, an application was filed by JR Enterprises LLC, doing business as JR Liquor
at 624 West 4th Street, Grand Island, Nebraska, for a Class "D" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on November 3, 2007; such publication cost being $13.60; and
WHEREAS, Judy Sheeks-Rivas, 3207 East Seedling Mile Road, Grand Island, Nebraska,
has applied for a liquor manager designation for the business; and
WHEREAS, a public hearing was held on November 13, 2007, for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations: _________
__________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons: ________________________
__________________________________________________________
____ The City of Grand Island hereby recommends the application of Judy Sheeks-
Rivas, 3207 East Seedling Mile Road, as liquor manager of such business upon the
completion of a state approved alcohol server/seller training program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
- 2 -
RaNae Edwards, City Clerk
Item I2
#2007-291 - Consideration of Approving Request of Munoz R.
Rodriguez, Inc. dba Zona Rosa Nightclub, 611 East 4th Street for a
Class "C" Liquor License and Liquor Manager Designation for
Elsy Ramos, 243 South Sycamore
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-291
WHEREAS, an application was filed by Munoz R. Rodriguez, Inc., doing business as Zona
Rosa Nightclub at 611 East 4th Street, Grand Island, Nebraska, for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on November 3, 2007; such publication cost being $14.03; and
WHEREAS, Elsy Ramos, 243 South Sycamore, Grand Island, Nebraska, has applied for a
liquor manager designation for the business; and
WHEREAS, a public hearing was held on November 13, 2007, for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations: _________
__________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons: ________________________
__________________________________________________________
____ The City of Grand Island hereby recommends the application of Elsy Ramos, 243
South Sycamore, as liquor manager of such business upon the completion of a
state approved alcohol server/seller training program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
- 2 -
RaNae Edwards, City Clerk
Item I3
#2007-292 - Consideration of Designating Old Fire Station No. 1 as
Surplus Property and Directing Method of Disposal
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Jim Rowell
City of Grand Island City Council
Council Agenda Memo
From: Jim Rowell, Fire Chief
Meeting: November 13, 2007
Subject: Surplus Property
Item #’s: I-3
Presenter(s): Jim Rowell, Fire Chief
Background
The new fire station at 409 East Fonner Park Road is in service as of October 1, 2007.
This station was a part of the plan for the replacement of Fire Station 1 at 302 South Pine.
The project was supported by the public and paid for with the 1/2 cent sales tax.
Discussion
The fire station at 302 South Pine is no longer being utilized as a fire station. The new
fire station has begun operations and no responses are being made out of the 302 South
Pine Street location.
This property is currently being utilized for storage of miscellaneous items that will be
disposed of in the near future. Declaring the property as surplus is the first step in the
process of disposal of the property.
There are two general approaches to the sale of this kind of real estate. The first is to
auction the property or accept bids and sell the property for the highest reasonable bid.
The second is to look at the big picture. Does the bidder have a plan for the building and
the financial wherewithal to follow through? In the first instance, the city would advertise
it for sale (by sealed bids, public auction, or realtor listing) and in the second, the city
would request proposals to include the price offered and a business plan and schedule for
the project.
A Council resolution will begin the process by declaring the property surplus. The terms
of the sale must then be established by ordinance with a 30 day right of remonstrance
after publication. To be sure that all steps have been properly met, I would recommend:
1. A resolution should be passed declaring the real estate and building surplus and
directing that an ordinance be prepared offering it for sale.
2. An ordinance should be passed setting forth the manner of sale (auction, listing, sealed
bids, or request for proposals) and the date the sale will take place. This ordinance would
be published once a week for three weeks.
3. Another ordinance would be passed after review of all bids or offers to determine a
buyer and the conditions of sale and again published for three weeks. If no public
remonstrance is filed within 30 days after final publication of either ordinance, the
property can be conveyed.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to declare the property surplus and request an ordinance setting forth
the manner of sale.
2. Postpone the issue to future date
3. Take no action on the issue and retain the property.
Recommendation
City Administration recommends that the Council declare, by resolution, that such
property is surplus and direct an ordinance be prepared setting forth the manner of sale.
Sample Motion
Move to approve a resolution declaring the fire station at 302 South Pine surplus and that
an ordinance be drafted setting forth the manner in which the property will be sold.
Approved as to Form ? _______________
November 8, 2007 ? City Attorney
R E S O L U T I O N 2007-292
WHEREAS, the City of Grand Island owns real estate and a building at 302 South Pine
Street, known as “Old Fire Station No. 1”; and
WHEREAS, “Old Fire Station No. 1” has been replaced by Fire Station No. 1 at 402 East
Fonner Park Road and has been in operation since October 1, 2007; and
WHEREAS, in order to dispose of the building known as “Old Fire Station No. 1”, it is
necessary that the council declare the real estate and building as surplus so that the property can be properly
disposed of.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the property known as “Old Fire Station No. 1”,
located at 302 South Pine Street, Grand Island, Nebraska, is hereby declared as surplus property and an
ordinance shall be prepared setting forth the manner of sale.
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Adopted by the City Council of the City of Grand Island, Nebraska on November 13, 2007.
_____________________________________
Margaret Hornady, Mayor
Attest:
_____________________________________
RaNae Edwards, City Clerk
Item I4
#2007-293 - Consideration of Northwestern's Application for
Natural Gas Rate Adjustment
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Dale M. Shotkoski, City Attorney
Meeting: November 13, 2007
Subject: Settlement Agreement with Northwestern Corporation
with Respect to Northwestern’s Application for Natural
Gas Rate Adjustment
Item #’s: I-4
Presenter(s): Dale M. Shotkoski, City Attorney
Background
On June 1, 2007, Northwestern Corporation, d/b/a Northwestern Energy, filed an
application for natural gas rate increase with the Nebraska Public Service Commission.
Northwestern sought an additional $2,813,794.00 in rate recovery in its application. On
June 26, 2007, the City Council authorized the City Attorney to work with city staff
cooperatively from the cities of Kearney, North Platte and the Village of Alda, to
negotiate with Northwestern Corporation for a general rate change.
The cities of Kearney, North Platte, Grand Island and the Village of Alda have been
working cooperatively and have completed its negotiations with Northwestern
Corporation’s representation for new natural gas rates, which agreement will be filed and
must be approved by the Nebraska Public Service Commission.
Discussion
The cities of Grand Island, Kearney, North Platte and the Village of Alda, consulted with
an accounting firm to review the financial records of Northwestern along with its filings
with the Nebraska Public Service Commission. As a result of the careful review of the
documents, negotiations commenced with the goal of the parties being that Northwestern
be allowed to receive a fair rate of recovery as allowed by the Nebraska Public Service
Commission. As a result of the negotiations, the exchange of documents, and the
discovery, the parties have agreed in principle to an adjustment for new natural gas rates
for Northwestern in Nebraska. The agreement provides Northwestern with an additional
$1,700,000.00 in rate recovery, subject to the resolutions of three minor outstanding
issues, including but not limited to, determination of the appropriate depreciation
schedules. Other items that need to still be addressed are a true up of the depreciation
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schedules currently under review by the State of South Dakota. Once the State of South
Dakota makes its determinations, the parties have agreed to accept South Dakota’s
resolution.
Another item for council to address is whether or not council wishes to continue to pass
through to Northwestern’s customers in Grand Island a surcharge to the gas rates in
amount of $86,000.00 annually, which money is then passed through the City of Grand
Island to the Economic Development Corporation with certain restrictions. Since the last
rate agreement with Northwestern Energy, the City of Grand Island has adopted the
additional sales tax, which allows sales tax to be used for LB840 purposes. As a result of
the passage of the local sales tax, additional revenues have been generated and passed
through to the Economic Development Corporation for economic development purposes.
Sales tax on Northwestern’s customers is a source of the economic development revenue.
The surcharge passed through to the customers for the additional $86,000.00 passed from
Northwestern to the City is essentially a second fee attached to Northwestern’s customers
for economic development purposes. Northwestern will allow the cities under the current
arrangement to either opt in or opt out of continuing with such a surcharge program. It
must be made clear that the Economic Development money that has been shown by the
city to have been received from Northwestern is in actuality money that was simply
collected by Northwestern from its customers and passed through to the City. It is clear
from the natural gas rate negotiations that Northwestern has been a collector of the
surcharge money which is passed through the city for economic development purposes
and because it has simply been a pass through, it is reflected as a cost of doing business
in the City of Grand Island which Northwestern had included in its Natural Gas Rate
Application.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the proposed settlement agreement with Northwestern
Corporation with respect to Northwestern’s Application for Natural Gas Rate
Adjustment, including the surcharge to its customers for economic
development purposes.
2. Move to approve the proposed Interlocal Agreement between the city and
Northwestern with respect to Northwestern’s Application for Natural Gas
Rate Adjustment and opt out of adopting the surcharge assessing
Northwestern’s customers with a fee for econo mic development purposes.
3. Postpone the issue to a future date.
4. Take no action on the issue.
3
Recommendation
City administration recommends that the City Council approve the settlement agreement
with Northwestern Corporation pursuant to the Neb. Rev. Stat. §66-1838 with respect to
Northwestern’s Application for Natural Gas Rate Adjustment in principal, allowing
Northwestern an additional $1,700,000.00 in rate recovery. City administration further
recommends that council choose to either opt in or opt out as it deems appropriate the
surcharge of the Economic Development cost proposed by Northwestern to collect on
behalf of Economic Development if council chooses to do so.
Sample Motion
Move to approve the agreement as proposed between the City of Grand Island and
Northwestern Corporation pursuant to Neb. Rev. Stat. §66-1838 with respect to
Northwestern’s Application for Natural Gas Rate Adjustment, to include or to not include
the Economic Development surcharge.
Approved as to Form ¤ ___________
November 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-293
A RESOLUTION TO ENTER A SETTLEMENT AGREEMENT WITH NORTHWESTERN
CORPORATION PURSUANT TO NEBRASKA REVISED STATUTE SECTION 66-1838 WITH
RESPECT TO NORTHWESTERN’S APPLICATION FOR NATURAL GAS RATE ADJUSTMENT.
WHEREAS, on June 1, 2007, NorthWestern Corporation, doing business as NorthWestern
Energy (“NorthWestern”), filed an Application for a Natural Gas Rate Adjustment (“Application”) with the
Nebraska Public Service Commission (“PSC”) seeking an additional $2,813,794 in rate recovery;
WHEREAS, Section 66-1838 of the Nebraska Revised Statutes authorizes jurisdictional utilities
such as NorthWestern to negotiate directly with affected municipalities such as the City with respect to a
proposed general rate change provided, among other things, municipalities representing more than fifty
percent (50%) of the ratepayers within the affected municipalities adopt resolutions evidencing their intent to
negotiate with the jurisdictional utility;
WHEREAS, on July 17, 2007, the City adopted a resolution to negotiate directly with
NorthWestern as permitted by NEB.REV.STAT. §66-1838;
WHEREAS, affected municipalities representing more than fifty (50%) of NorthWestern’s
ratepayers in Nebraska entered resolutions evidencing their intent to negotiate with NorthWestern;
WHEREAS, pursuant to NEB.REV.STAT. §66-1838, NorthWestern and affected municipalities
entered into good faith negotiations regarding NorthWestern’s Application;
WHEREAS, pursuant to NEB.REV.STAT. §66-1838(13), if the affected municipalities and
NorthWestern reach agreement upon new natural gas rates, such agreement must be reduced to writing and
filed with the PSC;
WHEREAS, NorthWestern and the affected municipalities have reached agreement upon new
natural gas rates for NorthWestern in Nebraska that provides NorthWestern with an additional $1,700,000
in rate recovery, subject to the resolution of three minor outstanding issues including, but not limited to,
determination of the appropriate depreciation schedules; and
WHEREAS, the settlement between NorthWestern and the affected municipalities is in the public
interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, that:
1. The Mayor is hereby authorized to, on behalf of the City, execute the required settlement
agreement for new natural gas rates for NorthWestern in accordance with the terms and
- 2 -
conditions generally described above and as agreed upon by NorthWestern and the
affected municipalities; and
2. The City Attorney is hereby authorized and directed to take such appropriate action as
necessary to effectuate the settlement with NorthWestern and work cooperatively with
NorthWestern and the affected municipalities to obtain the necessary approvals from the
PSC.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of October 24, 2007
through November 13, 2007
The Claims for the period of October 24, 2007 through November 13, 2007 for a total
amount of $6,986,178.13. A MOTION is in order.
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Item J2
Approving Payment of Claims for the Library Expansion for the
Period of October 24, 2007 through November 13, 2007
The Claims for the Library Expansion for the period of October 24, 2007 through November
13, 2007 for the following requisitions:
#93 $1,440.00
#94 645.00
#95 2,065.35
#96 1,486.50
#97 152,855.06
#98 410.00
Total $158,901.91
A MOTION is in order.
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Item X1
Discussion Concerning FOP, IAFF, and IBEW Union Negotiations
City Attorney Dale Shotkoski will update the Mayor and Council on the FOP, IAFF, and
IBEW Union Negotiations.
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Item X2
Discussion Concerning Real Estate Acquisition - Capital Avenue
Condemnation
City Attorney Dale Shotkoski will update the Mayor and Council on the Real Estate
Acquisition - Capital Avenue Condemnation.
Tuesday, November 13, 2007
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council