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12-18-2007 City Council Regular Meeting PacketCity of Grand Island Tuesday, December 18, 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 Tom Brown Larry Carney John Gericke Peg Gilbert Joyce Haase Robert Meyer Mitchell Nickerson Bob Niemann Kirk Ramsey 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 Scott Taylor, First Christian Church, 2400 West 14th 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 C1 Presentation by Grand Island Facilities Corporation for the Certificate of Final Completion for the Grand Island Library Expansion Design/Build Contract Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Library Director Meeting: December 18, 2007 Subject: Presentation by Grand Island Facilities Corporation for the Certificate of Final Completion for the Grand Island Library Expansion Design/Build Contract Item #’s: C-1 Presenter(s): Terry Loschen, Grand Island Facilities Corporation Terry Loschen and any other members present from the Grand Island Facilities Corporation are pleased to present to the City Council the final completion of the Design/Build contract for expansion and renovation of the Edith Abbott Memorial Library awarded to Mid Plains Construction, as certified by Library Director Steve Fosselman. The work for this contract has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The project was completed at a construction price of $ 5,827,437.78. The Guaranteed Maximum Price budget for the project was as follows: Original Contract $ 5,700,000.00 Change Order No. 1 $ 130,969.84 Total Budget $ 5,830,969.84 Item E1 Public Hearing on Request from H & H Catering, Inc. dba Neater's Alibi, 908 North Broadwell Avenue for a Class "CK" Liquor License Tuesday, December 18, 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: December 18, 2007 Subject: Public Hearing on Request from H & H Catering, Inc. dba Neater’s Alibi, 908 North Broadwell Avenue for a Class “CK” 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 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 H & H Catering, Inc. dba Neater’s Alibi, 908 North Broadwell Avenue submitted an application for a Class “CK” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. A class “K” Liquor License allows for catering. Also included with the application was a request from Alan Hagemeier, 26785 Hwy 70, Arcadia, Nebraska for a Liquor Manager designation. 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 H & H Catering, Inc. dba Neater’s Alibi, 908 North Broadwell for a Class “CK” Liquor License and the request from Alan Hagemeier, 46785 Hwy 70, Arcadia, Nebraska for a Liquor Manager designation, contingent upon Mr. Hagemeier completing a state approved alcohol server/seller training program. Item E2 Public Hearing on Request from Fourth Street Cafe, Inc. dba Pam's Pub & Grub, 2848 South Locust Street for a Class "C" Liquor License Tuesday, December 18, 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: December 18, 2007 Subject: Public Hearing on Request from Fourth Street Café, Inc. dba Pam’s Pub & Grub, 2848 South Locust 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 Fourth Street Café, Inc. dba Pam’s Pub & Grub, 2848 South Locust Street 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 Pamela Ehlers, 2170 N. Monitor Road for a Liquor Manager designation. 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 Fourth Street Café, Inc. dba Pam’s Pub & Grub, 2848 South Locust Street for a Class “C” Liquor License contingent upon final inspections and the request from Pamela Ehlers, 2170 N. Monitor Road for a Liquor Manager designation, contingent upon Ms. Ehlers completing a state approved alcohol server/seller training program. Item E3 Public Hearing on Proposed Amendments to the Grand Island City Code Section 36.71 Section A(2) of the ME Zoning District Regarding Propane Storage Tanks Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity AICP, CRA Director Meeting: December 18, 2007 Subject: Zoning Ordinance Amendment Item #’s: E-3 & F-1 Presenter(s): Chad Nabity AICP, CRA Director Background Concerning amendments to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction. Amendments to be considered pertain to the §36- 71(A) 2 ME-Manufacturing Estates Zone Permitted Principal Uses including the wholesale distribution as an allowed use in buildings heated with propane and with a propane tank or tank of 70,000 gallons or smaller total capacity. (C-6-2008GI) Discussion A request by Bosselman Energy Inc. to place a single tank of up to 40,000 gallons on the site, and use it as shown above, was approved in April of 2006. Bosselman Energy Inc. is asking that the language be amended again to allow more than one tank and a maximum capacity of up to 70,000 gallons. The additional capacity would allow them to vacate the site at 3rd and Blaine/Custer. The requested change is as follows: The changes proposed here were requested by Bosselman Energy Inc. of Grand Island, Nebraska. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-71. (ME) Industrial Estates Zone Intent: The intent of this zoning district is to provide for a variety of manufacturing, truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, warehousing, administrative and research uses within an area of comparatively high visibility and having quality standards to promote an industrial park atmosphere. (A) Permitted Principal Uses: The following principal uses are permitted in the (ME) Industrial Estates Zoning District. (1) Any industrial/manufacturing use found in the Zoning Matrix [Attachment A hereto] shall be permitted within this zoning district, provided, such use is in compliance with miscellaneous provisions and performance standards listed in this section, or unless specifically excluded, or a conditional use as listed below. (2) Administrative offices for the wholesale distribution of propane when bottles are filled from a bulk propane tanks not to exceed 40,000 70,000 gallons and when such tanks is are installed primarily to provide a source of heat for a building on the lot. Planning Commission members asked how many tanks this change would allow. Nabity suggest that it would allow up to 70,000 one gallon tanks but that that would not be very efficient. From discussions with Ken Caldwell, it appears that there will be 2 tanks. Ken Caldwell, Bosselman Energy, spoke at the public hearing. He said that Bosselman’s would not store additional tanks at this facility. They would store the small tanks that they refill and deliver for use on fork lifts but those would be inside the building. Planning Commission Chairman O’Neill questioned the word primarily in the current language. His concern was not with the use; but, rather that if they wholesale more propane than they use in heating the building, what is the primary use of the tanks. After discussion, it was decided that the word primarily could also be removed along with the changes requested by Bosselman Energy Inc. The Planning Commission approved, and recommended approval of this amendment to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction unanimously. The changes recommended for approval are as follows: All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-71. (ME) Industrial Estates Zone Intent: The intent of this zoning district is to provide for a variety of manufacturing, truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, warehousing, administrative and research uses within an area of comparatively high visibility and having quality standards to promote an industrial park atmosphere. (A) Permitted Principal Uses: The following principal uses are permitted in the (ME) Industrial Estates Zoning District. (1) Any industrial/manufacturing use found in the Zoning Matrix [Attachment A hereto] shall be permitted within this zoning district, provided, such use is in compliance with miscellaneous provisions and performance standards listed in this section, or unless specifically excluded, or a conditional use as listed below. (2) Administrative offices for the wholesale distribution of propane when bottles are filled from a bulk propane tanks not to exceed 40,000 70,000 gallons and when such tanks is are installed primarily to provide a source of heat for a building on the lot. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the amendment to Zoning Ordinance in Code 36-71 as presented 2. Modify the amendment to the Zoning Ordinance to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick, 2nd by Snodgrass, to approve the amendment to the Zoning Ordinance in Code 36-71 as presented, with exception of striking the word “primarily” in 36-71 (A) 2 ME-Manufacturing Estates Zone Permitted Principal Uses. A roll call vote was taken and the motion passed with 10 members present (Miller, Amick, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, Bredthauer, Snodgrass) voting in favor. Sample Motion Approve the zoning code amendments as presented. City Of Grand Island S:\Docs\9787.doc Last printed 12/13/2007 3:37 PM Page 4 Agenda Item #6 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: November 19, 2007 SUBJECT: Concerning amendments to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction. Amendments to be considered pertain to the §36-71(A) 2 ME-Manufacturing Estates Zone Permitted Principal Uses including the wholesale distribution as an allowed use in building heated with propane and with a propane tank or tank of 70,000 gallons or smaller total capacity. (C-6-2008GI) PROPOSAL: The changes proposed here were requested by Bosselman Energy Inc. of Grand Island, Nebraska. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-71. (ME) Industrial Estates Zone Intent: The intent of this zoning district is to provide for a variety of manufacturing, truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, warehousing, administrative and research uses within an area of comparatively high visibility and having quality standards to promote an industrial park atmosphere. (A) Permitted Principal Uses: The following principal uses are permitted in the (ME) Industrial Estates Zoning District. (1) Any industrial/manufacturing use found in the Zoning Matrix [Attachment A hereto] shall be permitted within this zoning district, provided, such use is in compliance with miscellaneous provisions and performance standards listed in this section, or unless specifically excluded, or a conditional use as listed below. (2) Administrative offices for the wholesale distribution of propane when bottles are filled from a bulk propane tanks not to exceed 40,000 70,000 gallons and when such tanks is are installed primarily to provide a source of heat for a building on the lot. OVERVIEW: The ME zone specifically prohibits the storage tanks for fuel and chemicals but that does not prohibit the installation of a tank for heating purposes. The intent of the prohibition is to limit the likelihood of the ME Zone becoming a tank farm atmosphere versus a campus atmosphere. That intent and the prohibitions on City Of Grand Island S:\Docs\9787.doc Last printed 12/13/2007 3:37 PM Page 5 storage of fuel limit the ability of owners to heat their building with propane and to store propane on the property for that purpose. A propane tank up to, or larger than, 70,000 gallons, would be permitted as a source of fuel for heating a building. A request to place a single tank of up to 40,000 gallons on the site, and use it as shown above, was approved in April of 2006. Bosselman Energy Inc. is asking that the language be amended again to allow more than one tank and a maximum capacity of up to 70,000 gallons. The additional capacity would allow them to vacate the site at 3rd and Blaine/Custer. It would appear that these proposed changes fall within the intent of the ME District as it has been applied at the Platte Valley Industrial Park. Any further change to this regulation in regard to storage tanks should be accompanied by a reflection on the intent of the district. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the changes to the Grand Island Zoning Ordinance as requested. ___________________ Chad Nabity AICP, Planning Director City Of Grand Island S:\Docs\9787.doc Last printed 12/13/2007 3:37 PM Page 6 City Of Grand Island S:\Docs\9787.doc Last printed 12/13/2007 3:37 PM Page 7 Item E4 Public Hearing Concerning Acquisition of Utility Easement - Along Front Property Lines of New York and Pennsylvania Avenue, East of Independence Avenue - Woodland Park Townhomes, LLC, & Hastings Ventures, LLC Tuesday, December 18, 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: December 18, 2007 Subject: Acquisition of Utility Easement – Along Front Property Lines of New York and Pennsylvania Avenue, East of Independence Avenue – Woodland Park Townhomes, LLC, & Hastings Ventures, LLC Item #’s: E-4 & G-18 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 Woodland Park Townhomes, LLC, and Hastings Ventures, LLC, located along the front property lines of New York and Pennsylvania Avenue, east of Independence Avenue, 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 Electric underground cable and single phase pad-mounted transformers are placed at the front of each lot to provide electrical service to each residence. Those utilities are placed behind the sidewalk in each case. The sidewalk on these streets will be placed on the property line. This will require the electric utility to place cables on private property, thus the enclosed easements are needed. 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 F1 #9154 - Consideration of Proposed Amendments to the Grand Island City Code Section 36.71 Section A(2) of the ME Zoning District Regarding Propane Storage Tanks Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney ORDINANCE NO. 9154 An ordinance to amend Chapter 36 of the Grand Island City Code; to amend Section 36-71, pertaining to the ME Industrial Estates Zone; to repeal Sections 36-71 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 36-71 of the Grand Island City Code is hereby amended to read as follows: §36-71. (ME) Industrial Estates Zone Intent: The intent of this zoning district is to provide for a variety of manufacturing, truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, warehousing, administrative and research uses within an area of comparatively high visibility and having quality standards to promote an industrial park atmosphere. (A) Permitted Principal Uses: The following principal uses are permitted in the (ME) Industrial Estates Zoning District. (1) Any industrial/manufacturing use found in the Zoning Matrix [Attachment A hereto] shall be permitted within this zoning district, provided, such use is in compliance with miscellaneous provisions and performance standards listed in this section, or unless specifically excluded, or a conditional use as listed below. (2) Administrative offices for the wholesale distribution of propane when bottles are filled from a bulk propane tanks not to exceed 70,00040,000 gallons and when such tanks are is installed primarily to provide a source of heat for a building on the lot. (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (ME) Industrial Estates Zoning District as approved by the City Council. (1) Explosives manufacturing (2) Towers (radio, television, satellite, etc.) (3) Gravel, sand or dirt removal, stockpiling, processing or distribution and batching plant (4) Trade and vocational schools (5) Other uses found in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses : (1) Buildings and uses accessory to the permitted principal uses or approved permitted conditional uses. (D) Specifically Excluded Uses: (1) Automotive wrecking or salvage yards (2) Billboards (3) Churches, schools, institutions and other similar public and semi-public uses except for trade and vocational schools (4) Concrete or cement products manufacturing and batching plants (5) Contractor's storage yard or plant (6) Milling or smelting of ores (7) Petroleum refining (8) Residential uses, any (9) Stock or feed yards and auction houses for livestock (10) Storage, dump, or yard for the collection, salvage or bailing of scrap paper, bottles, iron, rags, junk, or any other materials ORDINANCE NO. 9154 (Cont.) - 2 - (11) Storage of explosives (12) Storage tanks or facilities for fuel oils, petroleum, acids, flammable liquids and chemicals (13) Tanning, curing, or storage of hides or skins (14) Other uses found in the Zoning Matrix [Attachment A hereto] (E) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (acres) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 2.5 250 50 20 20 50 50% 50 Conditional Uses 2.5 250 50 20 20 50 50% 50 Through Lots shall require that the Front Yard Setback be met on both sides adjacent to streets. (F) Miscellaneous Provisions: (1) Landscaping shall be provided in the entire area of all required front yards except for necessary paving of walkways and of driveways to reach parking and loading areas in the side or rear yards, provided, that any driveways in the front yard shall not be wider than thirty (30) feet. Landscaping shall include, but is not limited to, screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn area. Landscaping shall be provided within two years of issuance of the occupancy permit for the principal structure and thereafter be properly maintained. (2) Any outside storage of inoperable or unassembled parts or equipment shall be visually screened from the surrounding area by fences, walls, plantings, earth berm or other barrier and such screening shall be opaque. (3) No loading facilities shall be located within a required front yard. Loading facilities located between a building and an adjacent street or residential district shall be visually screened to the same standards as any outside storage. (4) No galvanized or other raw metal sheeting shall be used for the exterior construction of any principal or accessory building. (5) Supplementary regulations shall be complied with as defined herein. (6) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. Amended by Ordinance No. 9047, effective 6-7-2006 Amended by Ordinance No. 9154, effective 1-8-2008 SECTION 2. Section 36.71 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 8, 2008. Enacted: December 18, 2007. ORDINANCE NO. 9154 (Cont.) - 3 - ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of December 4, 2007 City Council Regular Meeting Tuesday, December 18, 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 December 4, 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 December 4, 2007. Notice of the meeting was given in The Grand Island Independent on November 28, 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, Gilbert, Ramsey, Niemann, and Meyer. Councilmember Carney was absent. 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 Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue fo llowed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady acknowledged Community Youth Council members Emily Michael and Karen Buettner. Mayor Hornady and Gloria Wolbach representing the Acts of Kindness ladies recognized and thanked David Lemburg for his help in fixing a sewer break at the Wastewater Treatment Plant this past week. Mr. Lemburg was present for the recognition and mentioned the other workers who helped fix the break and thanked them for the teamwork they provided. SPECIAL ITEMS: ELECTION OF CITY COUNCIL PRESIDENT: City Clerk RaNae Edwards reported that the City Council was required to elect one Councilmember to the office of Council President for a term of one year and that the Council President automatically assumed the duties of the Mayor in the event that the Mayor was absent or otherwise unable to fulfill her duties. Councilmember Gericke nominated Councilmember Bob Meyer. Councilmember Haase nominated Councilmember Mitch Nickerson. City Clerk RaNae Edwards called for the first ballot. It was reported that Councilmember Mitch Nickerson had received 6 votes and Councilmember Meyer had received 3 votes. Mayor Hornady declared Councilmember Nickerson the new Council President for 2008. Motion by Gilbert, second by Meyer, carried unanimously to make the vote a unanimous one for Councilmember Nickerson as City Counc il President. Upon roll call vote, all voted aye. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from Alltel Communications of Nebraska, Inc., for a Conditional Use Permit for a Wireless Communication Tower Facility Located at 3429 Airport Road. Craig Lewis, Building Department Director reported that Faulk & Foster, representing Alltel Communications of Nebraska, Inc. had submitted an application for a conditional use permit to allow for the construction of a 180 foot monopole telecommunication tower located at 3429 Page 2, City Council Regular Meeting, December 4, 2007 Airport Road. Mr. Lewis recommended approval based on the findings that the application was submitted as prescribed in the City Code and that the proposal would not adversely impact neighboring properties and land uses. No public testimony was heard. CONSENT AGENDA: Motion by Gilbert, second by Gericke to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of November 27, 2007 City Council Regular Meeting. #2007-308 – Approving Coal Freight Transportation Contract between Union Pacific Railroad and Grand Island Utilities. #2007-309 – Approving Change Order #1 for Turbine Generator Inspection & Repair at the Platte Generating Station with NAES Turbine Services of Seattle, Washington for an Increase of $56,738.00 and a Revised Contract Amount of $499,810.00. #2007-310 – Approving Change Order #1 for Outage Cleaning Service at the Platte Generating Station with WS Industrial Service, Inc. of Papillion, Nebraska for an Increase of $70,983.81 and a Revised Contract Amount of $151,770.81. #2007-311 – Approving Change Order #1 for Horizontal Superheater Repair with Moorhead Machinery & Boiler Company of Minneapolis, Minnesota for an Increase of $128,333.66 and a Revised Contract Amount of $1,160,362.66. #2007-312 –Approving Confidentiality Agreement between the City, other participants, and the Nebraska Public Power District for Electric System Reliability Data for the Elkhorn Ridge Wind Project. #2007-313 – Approving Purchase of Furniture for Law Enforcement Center with Allsteel in an Amount of $22,453.68. #2007-314 – Approving Application to the Nebraska Department of Roads for the Safe Routes to School Program Funds for Independence Trail. #2007-315 – Approving Authorization for Emergenc y Sanitary Sewer Repair East of the Wet Well at the Wastewater Treatment Plant with the Diamond Engineering Company of Grand Island, Nebraska. #2007-316 – Approving Changes to Speed Limits on Bismark Road and Shady Bend Road. REQUESTS AND REFERRALS : Consideration of Request from Alltel Communications of Nebraska, Inc., for a Conditional Use Permit for a Wireless Communication Tower Facility Located at 3429 Airport Road. Craig Lewis, Building Department Director reported this item related to the aforementioned Public Hearing. Page 3, City Council Regular Meeting, December 4, 2007 Motion by Gericke, second by Meyer to approve the request from Alltel Communications of Nebraska, Inc. for a conditional use permit for a wireless communications tower facility located at 3429 Airport Road. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady acknowledged and thanked Roger Lindly for donating the Christmas tree in front of City Hall in memory of his wife Jeanette who died of cancer last year. PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of November 28, 2007 through December 4, 2007, for a total amount of $2,561,873.27. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 7:25 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of December 11, 2007 City Council Study Session Tuesday, December 18, 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 STUDY SESSION December 11, 2007 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Community Meeting Room of City Hall, 100 East First Street, on December 11, 2007. Notice of the meeting was given in the Grand Island Independent on December 5, 2007. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Brown, Haase, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. Councilmember Zapata was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Assistant City Attorney Wes Nespor and Finance Director David Springer. INVOCATION was given by Pastor Mike Reiners, Peace Lutheran Church, 4018 Zola Lane followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady explained this meeting was a Study Session and immediately following this meeting a Special Meeting would take place. Presentation of Proposed Arboretum for Stolley Park. Steve Paustian, Park and Recreation Director reported that in 1981 the Heritage Zoo was constructed and operated for approximately 20 years at Stolley Park. In late 2001 a committee formulated a re-use plan and was adopted by City Council. Recommendations were to construct a themed playground, refurbish the train and train tracks, erect a community picnic shelter, develop an arboretum and construct an outdoor refrigerated ice rink. Mr. Paustian stated to date, the themed playground had been constructed, the train and train tracks had been refurbished and a community picnic shelter had been erected. The next phase of the re-use plan was to develop an arboretum. Over the past three years, funding for the arboretum had been requested through the budget process but funding had not been approved or allocated. Staff felt an ongoing maintenance commitment by the City would be necessary. To properly maintain the arboretum, one additional full-time person and two seasonal staff would be required at a labor cost of approximately $55,000 annually including benefits. Also mentioned was that volunteer labor would be critical to the upkeep of the beds. Mr. Paustian commented that the committee was willing to undertake the challenge of raising capital funds if Council was willing to support the arboretum by funding maintenance and long term care. Herb Worthington, 4262 Pennsylvania Avenue spoke in support. Page 2, City Council Study Session, December 11, 2007 Mr. Paustian stated the original cost from the study was $870,000. With the volunteer work and capital campaign funding it was thought the cost would be approximately $400,000. Discussion was held concerning the cost of additional employees and ongoing maintenance cost and upkeep. Mr. Paustian stated the arboretum could be done in phases as money came in. Comments were made regarding the volunteer work done by the community with the Kid’s Kingdom and were encouraged that the community would step forward and make the arboretum a success. It was the consensus of the council to move forward with this project. ADJOURNMENT: The meeting was adjourned at 7:40 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of December 11, 2007 City Council Special Meeting Tuesday, December 18, 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 SPECIAL MEETING December 11, 2007 Pursuant to due call and notice thereof, a Special 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 December 11, 2007. Notice of the meeting was given in the Grand Island Independent on December 7, 2007. Mayor Margaret Hornady called the meeting to order at 7:40 p.m. The following Councilmember’s were present: Brown, Haase, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. Councilmember Zapata was absent. The following City Officials were present: City Administrator Jeff Pederson; City Clerk RaNae Edwards; Assistant City Attorney Wes Nespor and Finance Director David Springer. #2007-317 – Consideration of Intent to Renegotiate the ABCD Girls Softball Association Agreement : Steve Paustian, Parks and Recreation Director reported this item came before the council at the request of Mark Galvin representing Central Nebraska Girls Softball Association (CNGSA). Last year Mr. Galvan, on behalf of CNGSA requested the City terminate its agreement with the ABCD Girls Softball Association and allow the CNGSA program the opportunity to use the Ryder Park fields. Council elected to leave the agreement in place and denied the request of Mr. Galvan on behalf of CNGSA. If approved by council this would allow the Parks and Recreation Department to renegotiate the ABCD Girls Softball Association agreement. The following people spoke in support of renegotiating the agreement: Mark Galvan, 584 East 20th Street spoke in favor of allowing CNGSA the use of Ryder Park. Kevin Woodward, 2407 Cottonwood Road Todd Usrey, 2409 Gateway Avenue K.C. Henke, 110 North Road The following people spoke in support of not renegotiating the agreement: Jerry Robinson, 2703 Riverview Drive spoke in support of leaving the contract with ABCD Girls Softball Association. Jan Sorensen, 312 West 17th Street Susan Graf, 2220 West Division Frank Zavala, 2529 West 5th Street Leonard McCarty, 4067 West Capital Avenue Steve Rempe, 1028 North Hancock Avenue Bob Sorensen, 312 West 17th Street Discussion was held regarding the time and days of games played. Both organizations play games after school is out through the 4th of July. It was mentioned that the city was growing and so would the softball organizations. Page 2, City Council Special Meeting, December 11, 2007 Motion by Gilbert, second by Brown to approve Resolution #2007-317. Upon roll call, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:40 a.m. RaNae Edwards City Clerk Item G4 Approving Councilmember Appointments to Boards and Commissions Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Council Agenda Memo From: Mayor Margaret Hornady Meeting: December 18, 2007 Subject: Approving Councilmember Appointments to Boards and Commissions Item #’s: G-4 Presenter(s): Mayor Margaret Hornady Background It is customary in December of each year for the Mayor to recommend appointments of Councilmember’s to represent the City on various Boards and Commissions. Discussion The following appointments have been submitted by the Mayor for approval. These appointments will become effective on January 1, 2008 and will expire on December 31, 2008: Building Code Advisory Board: Bob Meyer Business Improvement District #3: Joyce Haase Business Improvement District #4: Kirk Ramsey Business Improvement District #5: Jose Zapata City/County Communications/Civil Bob Meyer, John Gericke & Defense Committee: Larry Carney Community Development Advisory Board: Tom Brown Community Redevelopment Authority: Bob Niemann Fire Station #1/Training: Bob Meyer GI Area Economic Deve lopment Corp. Mitch Nickerson Humane Society: Peg Gilbert Law Enforcement Co-Location: Mitch Nickerson Library Board: Tom Brown Multi-Cultural Coalition: Kirk Ramsey Problem Resolution Team: Larry Carney Regional Planning Commission: Bob Niemann & Joyce Haase Systems Information Advisory Committee (City/County) Peg Gilbert Transportation Committee: Joyce Haase & Bob Meyer Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the appointments of Councilmember’s to Board and Commissions 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 recommendation of the Mayor. Sample Motion Motion to approve the appointments of Councilmember’s to the Boards and Commissions as recommended by the Mayor. Item G5 Approving Appointments to the Electrical Board The following individuals have expressed their willingness to serve on the City of Grand Island Electrical Board for the year 2008. Larry Seney, Master Electrician; Brady Blauhorn, Journeyman Electrician; Bob Bennett, Utility Department Representative; Bob Ranard, General Public Representative; and Craig Lewis and Dean Mathis, Building Department as Ex-Officio members. The above recommendations are made in compliance with the Grand Island City Code and approval is requested. Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item G6 Approving Appointments to the Mechanical Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Mechanical Board for the year 2008. Mike McElroy, Master Mechancial; Loren Peterson, Gas Company Representative; Scott Hilligas, Contracting Mechanical; Mike Myers, Master Mechanical; Todd Bredthauer, Journeyman Mechanical; Armando Perez, Community Member; and Russ Shaw, Plumbing Inspector for the Building Department. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item G7 Approving Appointments to the Plumbers Examining Board The following individuals have express their willingness to serve on the City of Grand Island Plumbing Board for a two year term 2008/2009. Larry Callahan and Mike Bailey, Master Plumbers; Jennifer Herman, General Public and David Scoggins, Building Department Ex- Officio. The above recommendations are made in compliance with the Grand Island City code and approval is requested. Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item G8 Approving Request from Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation for Pump & Pantry #2, 3200 Old Highway 30 Tuesday, December 18, 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: December 18, 2007 Subject: Request from Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation for Pump & Pantry #2, 2300 Old Highway 30 Item #’s: G-8 Presenter(s): RaNae Edwards, City Clerk Background Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “B-13150” Liquor License for Pump & Pantry #2, 3200 Old Highway 30. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request of Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for Liquor Manager Designation in conjunction with the Class “B-13150” Liquor License for Pump & Pantry #2, 3200 Old Highway 30 with the stipulation that Ms. McAfee complete a state approved alcohol server/seller training program. Item G9 #2007-318 - Approving Contract for Housekeeping Services at the Grand Island/Hall County Law Enforcement Center Tuesday, December 18, 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: December 18, 2007 Subject: Law Enforcement Center Housekeeping Services Contract Item #’s: G-9 Presenter(s): Steven Lamken, Police Chief Background The Police Department and Sheriff's Office will be moving operations to the new Law Enforcement Center. The Police Department has planned for and budgeted to contract a portion of the housekeeping services at the new facility. The Police Department advertised for bids for housekeeping services. The Department is recommending the Council approve the bid of Ray Aguilar Janitorial of $31,200 per year for routine services and $15.00 per hour for relief services for the Law Enforcement Center. Discussion The Police Department planned for and budgeted for contractual housekeeping services at the new law enforcement center. The Department advertised for bids for housekeeping services and sent letters requesting bids to vendors in preparation for occupying the new facility. Six bids for services were received by the bid opening date of November 20th. The bid s were for housekeeping services that would be performed on a routine reoccurring basis and for relief services that would be performed when the Police Department custodian was unavailable. The Police Department contacted bidders and conducted reference checks. The Department has determined that Ray Aguilar Janitorial is the lowest bidder that meets the specifications set forth in the contract. The Police Department recommends the housekeeping services contract be awarded to Ray Aguilar Janitorial for $31,200.00 per year for routine services and $15.00 per hour for relief services. The bid prices are within the funds budgeted for this service in the operating budget of the facility. 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 awarding of the bid for housekeeping services to Ray Aguilar Janitorial for: Routine Housekeeping Services - $31,200.00 per year Relief Housekeeping Services - $15.00 per hour Sample Motion Move to approve the award of the housekeeping services bid for the Law Enforcement Center to Ray Aguilar Janitorial for $31,200.00 per year for routine services and $15.00 per hour for relief services. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR HOUSEKEEPING SERVICES FOR THE GRAND ISLAND/HALL COUNTY LAW ENFORCEMENT CENTER RFP DUE DATE: November 20, 2007 at 11:20 a.m. DEPARTMENT: Police PUBLICATION DATE: October 29, 2007 NO. POTENTIAL BIDDERS: 9 SUMMARY OF PROPOSALS RECEIVED M & M Cleaning Service Davis Floor Cleaning & Janitorial Service Grand Island, NE Grand Island, NE Steamatic Ray Aguilar Janitorial Grand Island, NE Grand Island, NE Roth Enterprises E & J Cleaning Service Grand Island, NE Grand Island, NE cc: Steve Lamken, Police Chief Robert Falldorf, Police Captain Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1200 Approved as to Form ¤ _______________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-318 WHEREAS, the City of Grand Island invited proposals for housekeeping services for the Law Enforcement Center, according to Request for Proposals on file with the Police Department; and WHEREAS, on November 20, 2007, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Ray Aguilar Janitorial of Grand Island, 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, at a cost of $31,200.00 per year for routine services and $15.00 per hour for relief services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Ray Aguilar Janitorial of Grand Island, Nebraska, at a cost of $31,200.00 per year for routine services and $15.00 per hour for relief services is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on December 18, 2007. _____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G10 #2007-319 - Approving Change Order No. 16 with Chief Construction for Law Enforcement Center Tuesday, December 18, 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: December 18, 2007 Subject: Change Order #15, Law Enforcement Center Item #’s: G-10 Presenter(s): Steven Lamken, Police Chief Background The City awarded Chief Construction the contract in the summer of 2006 to construct the new law enforcement center for a cost of $7,406,080. $150,000 of contingency funds were provided in the contract to allow for needed change orders during the project. To date there is $81,771.10 remaining in contingency funds. Acceptance of change order #16 will reduce the contingency funds by $5,149.10 leaving a new balance of $76,622.00. Discussion Change Order #16 includes four changes in the construction project. The change s have a total cost of $5,149.10. Accepting the changes will leave the contingency funds balance at $76,622.00. The changes requested are: Relocate a fan power box and valve from above the ceiling in the detention area to another location to allow access to units. This needs to be done to allow access to the units due to the ceiling in the detention area being solid without access. Cost $1,335.40. Provide a metal blocking on the windows of the Records Room to allow for the installation of blinds. Currently the suspended ceiling in this room comes up to the windows. The tracking for the suspended ceiling will not support the installation of the hardware for vertical blinds. A u-shaped metal blocking needs to be installed on the windows to provide for installation of blinds and to attach the tracking for the suspended ceiling. Cost $874.50 Installation of power receptacles in the IT Server Room. These receptacles are being requested by us to support the servers and other equipment being installed in the server room. The number of servers and equipment and their power demands have changed since the design of the building thus creating a need for more power in this room. Cost $2,785.20 Installation of a 30 amp 220 breaker for the PD paper shredder. This is being requested by the Police Department to provide service for our paper shredder. The shredder requires 220 service which was not know at the time of the design. Cost $154.00 A summary of the costs of Change Order #16 are: Relocate FPB 9 and VAV-6 - + $1335.40 Install window blocking for blinds - + $874.50 Install additional power outlets - + $2,785.20 Install 30 amp breaker for shredder - + $154.00 Total Cost - + $5,149.10 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 move to approve Change Order #16. Sample Motion Move to approve Change Order #16 with Chief Construction for the sum of $5,149.10 for: relocating a fan power box and valve, installing window blocking in the Records Room, installing additional power outlets in the Server Room, and installing a 30 amp breaker for the PD paper shredder. Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-319 WHEREAS, on May 2, 2006, by Resolution 2006-151, the City of Grand Island awarded a bid in the total amount of $7,406,080.00 (including alternate bids 2 and 3) for the construction of a Law Enforcement Center to Chief Construction Company of Grand Island, Nebraska; and WHEREAS, included in the $7,406,080 bid was a construction contingency of $150,000; and WHEREAS, on November 27, 2007, by Resolution 2007-296, the City of Grand Island approved Change Order No. 15 to install a duplex receptacle to provide additional power for the irrigation controls and, relocate a phone/data line from one office to another and convert a duplex receptacle to a quadplex receptacle to accommodate the location of furnishings at the Law Enforcement Center; and WHEREAS, it is necessary to relocate a fan power box and valve from the detention center; to provide a metal blocking on the windows of the Records Room to allow for the installation of blinds; to install power receptacles in the IT Server Room; and install a 30 amp 220 breaker for the Police Department paper shredder; and WHEREAS, such changes, in the amount of $5,149.10, have been incorporated into Change Order No. 16, and will decrease the contingency fund to $76,622.00. 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.16 for the construction of the Law Enforcement Center to provide the modification set out as follows: Relocate FPB 9 and VAV- 6…………………………………………………………………………$1,335.40 Install Window Blocking for Blinds………………………………………………………………… 874.50 Install Additional Power Outlets…………………………………………………………………… 2785.20 Install 30 Amp Breaker for Shredder………………………………………………………………… 154.00 Total………………………………………………………………………………………………….$5149.10 Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2007-320 - Approving Contract between the City of Grand Island and Hall County Housing Authority Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Captain Robert Falldorf, Police Department Meeting: December 18, 2007 Subject: Approval of One-Year Contract Extension between the City of Grand Island and Hall County Hosing Authority Item #’s: G-11 Presenter(s): Steve Lamken, Chief of Police Background The Grand Island Police Department has provided the services of one police officer to the Hall County Housing Authority since December 12, 2000. The purpose of this officer is to create a drug and crime free environment and to provide for the safety and protection of the residents in its public housing developments. Discussion This is a renewal contract between the City of Grand Island and Hall County Housing Authority. The City, by and through the police department, will continue to provide (1) full time police officer to perform specialized patrols to enforce all state and local laws and the Hall County Housing Authority rules specified in the contract. The Hall County Housing Authority will reimburse the city for services specified in the contract in a total amount of $47,000 for December 13, 2007 through December 12, 2008. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the contract between the City of Grand Island and Hall County Housing Authority. 2. Send to committee for further discussion. 3. Table for more discussion. 4. Take no action. Recommendation City Administration recommends that the Council approve the contract between the City of Grand Island and Hall County Housing Authority. Sample Motion Move to approve the one-year contract between the City of Grand Island and Hall County Housing Authority. 1 POLICE SERVICE CONTRACT This contract made and entered into this 12th day of December, 2007, by and between the Hall County Housing Authority (hereinafter called HCHA) and the City of Grand Island (hereinafter call “City”) is for the provision of specific police services associated with the Hall County Housing Authority’s security programs. WHEREAS the HCHA desires to contract with the City for additional police services to create a drug- and crime-free environment and to provide for the safety and protection of the residents in its public housing developments; and WHEREAS, the City, by and through its police department, desires to assist in the effort by providing effective police services at all HCHA locations; NOW, THEREFORE, the HCHA and the City agree as follows: ARTICLE I Scope of Services SECTION ONE: SERVICES PROVIDED BY THE CITY The City agrees that the services rendered under this Contract are in addition to baseline police services. The City agrees that it will not reduce its current level of police services to the public housing developments, particularly in the areas of community policing, patrol, criminal investigations, records, dispatch and special operations. The duties and extent of services of the City shall include, but not be limited to: A. The City, by and through its police department, will provide 1 full time police officer (Assigned Personnel) to perform specialized patrols to enforce all state and local laws and the HCHA Rules specified in the contract. Sworn officers shall at all times remain part of, subject to and in direct relationship with the police department’s chain of command and under police department rules, regulations and standard operating procedures. B. The City agrees to collect and provide workload data in public housing developments. C. The Assigned Personnel will appear as witness in the Authority’s administrative grievance procedure, civil dispossessory hearings, or other civil or court proceedings where the issue includes criminal or quasi-criminal conduct in or near public housing developments involving any resident, member of a resident’s household, or guest or guests of a resident or household member, as required. D. The City agrees that a policy manual exists to regulate police officers’ conduct and activities; all police officers have been provided a copy of the policy manual; the department certifies that each officer has received and understands the contents of 2 the manual; and personnel have been trained on the regulations and orders within the manual. E. The City agrees it will provide such basic equipment as may be necessary and reasonable in order to allow the police officers to carry out the duties anticipated under this contract. F. The Assigned Personnel will also provide drug / safety awareness training to residents and employees upon request. G. The City will at all times provide supervision, control and direction of work activities and assignments of police personnel, including disciplinary actions. It is expressly understood that the police department shall be responsible for the compensation of the officers, their property, or the City’s property while HCHA’s property. H. The Assigned Personnel will meet with HCHA management at least weekly to share information, discuss scheduling and provide / receive instruction regarding priorities. I. The Assigned Personnel will make every attempt to socialize with HCHA residents, to disseminate useful information gathered from their discussions and follow up on any leads that may have surfaced with their interaction with HCHA residents. This information will also be forwarded to HCHA management. J. The Assigned Personnel will work a varied hourly and daily schedule as allowed in the union contract executed between labor and the Cit y. The Assigned Personnel will be as flexible as possible regarding scheduling and attempt to schedule around the needs of HCHA management. SECTION TWO: SERVICES PROVIDED BY THE HCHA A. The HCHA shall provide the Assigned Personnel with information regarding suspicious activity, potential problems, preferred patrolling areas and discretional tenant information (not confidential information). B. The HCHA will provide an orientation to the Assigned Personnel including a tour of the patrol area, basic training on security tapes / cameras, issue keys to buildings, offices, and maintenance areas, and introduce the Assigned Personnel to staff members and residents. HCHA management will also provide training and copies of HCHA rules and regulations to the Assigned Personnel. C. The Authority will provide the City with a Public Housing Police Activity Form(s) for the Assigned Personnel to complete. These forms are not to replace police reports utilized by the City. D. The Authority shall reserve the right to reasonably request the police department to reassign the Assigned Personnel. 3 ARTICLE II Enforcement of Rules & Regulations A. The City, through its Assigned Personnel, is hereby empowered to enforce the following HCHA rules and regulations : 1. Removal of unauthorized visitors in unoccupied structures of the HCHA. 2. Removal of unauthorized visitors creating disturbances or otherwise interfering with the peaceful enjoyment of lessees on HCHA property. 3. Removal of unauthorized visitors destroying, defacing or removing HCHA property. B. The City, through its Assigned Personnel, is hereby empowered to enforce the following HCHA rule and regulation: Any vehicle that is not parked appropriately (in a handicapped parking place, etc.) or is inoperable (no plates, expired plates, no tires, etc.) will be issued a parking violation notice with the incident reported to HCHA management as soon as possible. Notices will be given to the Assigned Personnel by HCHA management. C. Nothing herein contained shall be construed as permitting or authorizing Assigned Personnel to use any method or to act in any manner in violation of law or of their sworn obligation as police officers ARTICLE III Communications, Reporting & Evaluation A. Communications 1. Access to Information The City agrees that HCHA will have unrestricted access to all public information, which in any way deals with criminal activity in any of the HCHA’s communities. It is further agreed that the Grand Island Police Department will provide to the HCHA copies of such incident reports, arrest reports or other public documents which document or substantiate actual or potential criminal activity in or connected with the public housing developments. This information will be provided at no cost by the Grand Island Police Department on a regular basis in accordance with specific procedures that have been or will be established. B. Reporting 1. Forms 4 The Grand Island Police Department will require all Assigned Personnel to complete a log provided by the HCHA. This report will include, but not be limited to, data as follows: a. Hours worked: foot, bicycle, motorized, other b. Calls / request for service c. Suspicious persons – name and description d. Vehicles abandoned / towed / stolen e. Drug paraphernalia confiscated / found f. Arrests / citations of both residents and outsiders g. Property recovered / stolen h. Counseling of residents and visitors i. Broken lights / sidewalks j. Graffiti k. Conflict resolution; e.g., resolved apparent or actual conflict between two or more people l. Vehicle license number of suspicious persons m. Weapons violations / seized 2. Director Notification The police department will relay to the Executive Director or his/her designee information related to any major crime or incident that occurs on HCHA property as soon as possible. C. HCHA and the City shall meet to evaluate the program effectiveness every 3 months. ARTICLE IV Term of Contract The term of this contract shall be for one (1) years beginning on December 13, 2007. ARTICLE V Compensation to the City A. All compensation to the City will be made on a cost reimbursement basis. The HCHA will reimburse the City for services specified in this Contract in a total amount of $47,000.00 for December 13, 2007 – December 12, 2008. B. The HCHA shall reimburse the City on a quarterly basis, upon receipt of performance of the proposed services and evidence of authorized expenditures. C. The City shall provide the following documentation upon request: 1. Copies of Certified Payroll Time Reports documenting hours worked in public housing developments and supervisory approval of the report. 5 D. All requests for reimbursement are subject to the approval of the Executive Director, or that official’s designee, and the HCHA shall thereafter make payment of the approved amount within thirty days of receipt of the request for reimbursement. ARTICLE VI Notices Any notices required pursuant to the terms of this Contract shall be sent by United States Certified mail to the principal place of business of each of the parties hereto, as specified below: HCHA: 911 Baumann Drive Grand Island, NE 68803 Grand Island Police Department: 131 South Locust Street Grand Island, NE 68801 ARTICLE VII Liability Coverage Each party agrees to maintain public liability coverage of not less than $1,000,000 per occurrence. ARTICLE VIII Construction of Laws The Law of the State of Nebraska shall govern the interpretation of this Contract. EXECUTED BY: ________________________________________________________________ MAYOR – CITY OF GRAND ISLAND ________________________________________________________________ EXECUTIVE DIRECTOR – HALL COUNTY HOUSING AUTHORITY Approved as to Form ¤ ___________ December 14, 2007 ¤ City Attorney R E S O L U T I O N 2007-320 WHEREAS, on December 19, 2000, by Resolution 2000-397, the City of Grand Island approved a Police Services Contract between the City and the Hall County Housing Authority to provide specific police services associated with the Hall County Housing Authority's security programs; and WHEREAS, the City and the Hall County Housing Authority are interested in continuing the provision of such police services; and WHEREAS, it is recommended that a new contract be entered into for such services to cover a one-year period which will end on December 12, 2007; and WHEREAS, the Hall County Housing Authority agrees to pay $47,000 to the City of Grand Island to provide such police service until December 12, 2008; and WHEREAS, the proposed Police Service Contract has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Police Service Contract between the City and the Hall County Housing Authority to provide specific police services associated with the Hall County Housing Authority's security programs is hereby approved; and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2007-321 - Approving Vending Services Contract for Law Enforcement Center Tuesday, December 18, 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: December 18, 2007 Subject: Law Enforcement Center Vending Services Contract Item #’s: G-12 Presenter(s): Steven Lamken, Police Chief Backgro und The Police Department and Sheriff's Office will be moving operations to the new Law Enforcement Center. The Center has an employee lounge with space for vending machines. The Police Department advertised for bids for vending services for the Center. The Department is recommending the Council approve the contract for vending services with Boyd's Full Service Vending of Hastings. Discussion The Police Department planned for vending machines and vending services at the new law enforcement center. The Department advertised for proposals for vending services and sent letters requesting proposals to vendors in preparation for occupying the new facility. Five proposals for services were received by the opening date. The proposals included food and beverage options and prices for items. The Police Department reviewed the proposals, talked to vendors and conducted reference checks. The Department has determined that Boyd's Full Service Vending submitted the proposal that best meets the specifications for service. The Police Department recommends the vending services contract for the Law Enforcement Center be awarded to Boyd's Full Service Vending of Hastings, 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 awarding of the contract for food vending services to Boyd's Full Service Vending. Sample Motion Move to approve the award of the food vend ing services contract for the Law Enforcement Center to Boyd's Full Service Vending. CONTRACT AGREEMENT THIS AGREEMENT made and entered into by and between Boyd’s Full Service Vending, Hastings, NEBRASKA hereinafter called the Contractor, and the CITY OF GRAND ISLAND, NEBRASKA hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the city has caused contract documents to be prepared and an advertisement calling for proposals to be published, for vending machine services; and WHEREAS, the City has opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible proposal, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor’s bid, a copy thereof being attached to and made a part of this contract; NOW THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his, or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all new equipment, transportation, and other materials, and services; and (b) provide and perform all necessary labor as outlined in the quote attached. The City reserves the right to designate where vending machines will be located in the building. ARTICLE II. The Contractor agrees to comply with all applicable State Fair Labor Standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R. R. S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis or race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal laws, rules and regulations. The Contractor agrees to maintain a drug free workplace policy and will provide a copy of the policy to the City upon request. ARTICLE III. The Contractor agrees to hold the City harmless for injuries to persons or property arising out of the contract. ARTICLE IV. The term of this contract will be for one calendar year beginning January 1, 2008 through December 31, 2009, and upon approval by the Mayor and City Council of the City of Grand Island, Nebraska. The contract will renew automatically for one calendar year as of January 1 of the following year for four additional calendar years beyond the first contract year. ARTICLE V. The Contractor shall provide the City a price list for items sold by the Contractor. Prices for items may be adjusted twice a year. The Contractor shall provide the City written notice of any proposed changes in the prices of individual items being sold and justification for the increase. Contractor may add or delete items being sold by written notice of the change and justification for the change. The Contractor shall amend the price list to include price increases and items being added or deleted. ARTICLE VI. City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. ARTICLE VII. The City reserves the right to terminate this contract for cause within ten, 10, days upon written notice to the Contractor. This contract may be cancelled by either party in sixty, 60, days by written notice of either the City or Contractor. Boyd’s Full Service Vending By___________________________________ Date____________________ Title_________________________________ CITY OF GRAND ISLAND, NEBRASKA By___________________________________ Date____________________ Mayor Attest: ________________________________ City Clerk The contract is in due form according to law and hereby approved. _____________________________________ Date____________________ Attorney for the City Approved as to Form ¤ _______________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-321 WHEREAS, the City of Grand Island invited proposals for vending services for the Law Enforcement Center, according to Request for Proposals on file with the Police Department; and WHEREAS, five proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Boyd’s Full Service Vending of Hastings, 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, for vending services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Boyd’s Full Service Vending of Hastings, Nebraska, for vending services for the Law Enforcement Center is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on December 18, 2007. _____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G13 #2007-322 - Approving Bid Award - Control Room Fire Escape - Platte Generating Station Tuesday, December 18, 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: December 18, 2007 Subject: Bid Award - Control Room Fire Escape – Platte Generating Station Item #’s: G-13 Presenter(s): Gary R. Mader, Utilities Director Background The Control Room at Platte Generating Station is on the third floor of the power plant. A review of emergency procedures by our insurance carrier and the plant operations staff has raised concerns about possible escape routes in case of a turbine oil fire. It was recommended that an external fire escape stairway be provided for the Control Room. This stairway would provide a safe means to exit from the Control Room directly outside to the ground level. Discussion The specifications for the Control Room Fire Escape were advertised and issued for bid in accordance with the City Purchasing Code. Responses were received from the following bidders. The engineer’s estimate for this project was $60,000.00. Bidder Bid Price Steel Crafters, Grand Island, NE $ 47,676.00 Diamond Engineering, Grand Island, NE $ 75,000.00 The low bid from Steel Crafters was reviewed by Utility Engineering staff. It is compliant with specifications and less than the engineer’s estimate. 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 Contract for Control Room Fire Escape to Steel Crafters from Grand Island, NE, as the low responsive bidder, with the bid price of $47,676.00. Sample Motion Move to approve award of the bid of $47,676.00 from Steel Crafters for the Control Room Fire Escape as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: November 27, 2007 at 11:00 a.m. FOR: Control Room Fire Escape DEPARTMENT: Utilities ESTIMATE: $60,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: November 8, 2007 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Steel Crafters, Inc. Diamond Engineering Co. Grand Island, NE Grand Island, NE Bid Security: $2,483.80 Universal Surety Company Exceptions: None None Bid Price: $47,676.00 $75,000.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Karen Nagel, Utilities Secretary Pat Gericke, Utilities Admin. Assist. Jeff Pederson, City Administrator Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1204 Approved as to Form ¤ ___________ December 14, 2007 ¤ City Attorney R E S O L U T I O N 2007-322 WHEREAS, the City of Grand Island invited sealed bids for the Control Room Fire Escape at the Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on November 27, 2007, bids were received, opened and reviewed; and WHEREAS, Steel Crafters, Inc., of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $47,676.00; and WHEREAS, the bid of Steel Crafters, Inc., of Grand Island, Nebraska, is less than the estimate for the Control Room Fire Escape at the Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Steel Crafters, Inc., in the amount of $47,676.00 for the Control Room Fire Escape at the Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2007-323 - Approving Bid Award - Replacement Gas Turbine Generator Voltage Control System - Burdick Station Tuesday, December 18, 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: December 18, 2007 Subject: Bid Award - Replacement Steam Turbine Generator Voltage Control System – Burdick Station Power Plant Item #’s: G-14 Presenter(s): Gary R. Mader, Utilities Director Background Burdick Station Power Plant – Unit #1 was the first of the three steam turbines built at Burdick Station. It was installed in 1956. The unit’s generator voltage control system is the original system supplied with the unit. During recent full load testing, this voltage control system failed and the unit tripped off-line. It is now inoperable. To allow this unit to be operational, a replacement system must be installed, as parts and support for the 50 year old original system are not available. Specifications for a replacement generator voltage control system were drafted and issued for bids in accordance with City procurement procedures. Discussion Responses were received from the following bidders. The engineer’s estimate for this project was $175,000.00. Bidder Bid Price ABB, Inc., St-Laurent, Quebec $149,975.00 E2 Power Systems, Inc. Littleton, CO $131,395.00 The bids were reviewed by Utility Engineering staff. They are compliant with the specifications and less than the engineer’s estimate. It is the recommendation of the Utilities Department that E2 Power Systems be awarded the bid for $131,395.00. 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 award the Contract for Replacement Steam Turbine Generator Voltage Control System to E2 Power Systems, Inc. from Littleton, Colorado, as the low responsive bidder, with the bid price of $131,395.00. Sample Motion Move to approve award of the bid of $131,395.00 from E2 Power Systems, Inc., for the Replacement Steam Turbine Generator Voltage Control System as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 6, 2007 at 11:15 p.m. FOR: Replacement Steam Turbine Generator Voltage Control System DEPARTMENT: Utilities ESTIMATE: $175,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: October 14, 2007 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: ABB, Inc. E² Power Systems, Inc. St-Laurent, Quebec Littleton, CO Bid Security: Westchester Fire Ins. Co. $6,274.00 Exceptions: Noted Noted Material: $109,250.00 $84,500.00 Labor: 40,725.00 40,980.00 Tax on Material: -0- 5,915.00 Tax on Labor: -0- -0- Total Base Bid: $149,975.00 $131,395.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Tim Luchsinger, PGS Karen Nagel, Utilities Secretary Pat Gericke, Utilities Admin. Assist. Jeff Pederson, City Administrator Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1212 Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-323 WHEREAS, the City of Grand Island invited sealed bids for a Steam Turbine Generator at the Burdick Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on December 6, 2007, bids were received, opened and reviewed; and WHEREAS, E2 Power Systems, Inc. of Littleton, Colorado, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $131,395.00; and WHEREAS, the bid of E2 Power Systems, Inc. is less than the estimate for the Steam Turbine Generator. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of E2 Power Systems, Inc. of Littleton, Colorado, in the amount of $131,395.00 for the Steam Turbine Generator for the Burdick Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2007-324 - Approving Change Order #1 with Midwest Tower - Cooling Tower Rebuild, Platte Generating Station Tuesday, December 18, 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: December 18, 2007 Subject: Approving Change Order #1 – Midwest Towers, Inc. Cooling Tower Rebuild Contract Item #’s: G-15 Presenter(s): Gary R. Mader, Utilities Director Background The cooling tower at Platte Generating Station is a wood framed structure that receives warm water from the turbine condenser, cools it and returns it to the turbine. Prior to the overhaul, specifications were drafted and bids taken to do major replacement of portions of the cooling tower, particularly the wooden fan deck and hot water distribution decks. Most replacement materials are now of plastic or fiberglass rather than the original wooden construction. Midwest Towers, Inc., a firm specializing in cooling tower construction and repair, was the low bidder for the project. The repair contract was awarded at the June 26, 2007 Council Meeting in the amount of $409,094.00. Discussion When the decking of the hot water basin was removed for replacement, serious deterioration was found in the underlying structural members. The contractor on site was directed to make repairs to the structure in order to meet the outage completion schedule. · Hot water basin supporting joists were replaced at a cost of $3,925.12. The original treated lumber 4” x 8” joists were found to be seriously deteriorated and were replaced with fiberglass joists. · Hot water basin longitudinal support joists were also replaced at a cost of $2,776.45. · The water basin distribution header valves did not close properly. The valves were dissembled and inspected, and the valve seats needed to be replaced. Valve repair cost was $3,853.31. The total cost of the additional repair work required to complete the repair of the cooling tower was $10,554.88, for a final contract price of $419,648.88. 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 authorizing Change Order #1 to the Cooling Tower Rebuild Contract at the Platte Generating Station for an addition to the contract price of $10,554.88. Sample Motion Move to approve Change Order #1 in the amount of $10,554.88 to the Cooling Tower Rebuild Contract with Midwest Towers, Inc. TO:Midwest Towers, Inc. P.O. box 1465 Highway 19 East Chickasha, OK 73023 PROJECT:Cooling Tower Rebuild Contract Change Order - Platte Generating Station You are hereby directed to make the following change in your contract: 1 Additional payment per the attached spreadsheet. ADD: The original Contract Sum $409,094.00 Previous Change Order Amounts $0.00 The Contract Sum is increased by this Change Order $10,554.88 The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date $419,648.88 Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:_________________________________Date ________________________ Attest: ___________________________________________________________ Approved as to Form, City Attorney ACCEPTED:MIDWEST TOWERS, INC. By: _________________________________Date _________________________ $10,554.88 Change Order #1 Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-324 WHEREAS, the Grand Island City Council approved a contract with Midwest Towers of Blue Springs, Missouri, for the Cooling Tower Rebuild at the Platte Generating Station in the amount of $409,094.00; and WHEREAS, due to unforeseen deterioration in the underlying structural members, additional repair work is necessary to complete the repair of the cooling tower; 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 $10,554.88 for a revised contract price of $419,648.88. 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 Midwest Towers of Blue Springs, Missouri to provide the modifications set out as follows: Replace Hot Water Basin Supporting Joists...............................................................................$3,925.12 Replace Hot Water Basin Longitudinal Support Joists...................................................................2,776.45 Replace Valve Seats .................................................................................................................3,853.31 Total..................................................................................................................................$10,554.88 - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2007-325 - Approving Award of Contract for Engineering Services for Rogers Reservoir Tuesday, December 18, 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: December 18, 2007 Subject: Engineering Services for Phase 2 – Roger’s Reservoir No. 2 Improvements Project Item #’s: G-16 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department periodically retains the services of a consultant to review the City’s water system for deficiencies and to assist in planning future requirements. The water system must meet certain operational standards to be suitable both for human consumption and for fire protection. These operational standards include analyzing chemical and microbiological components of the water, and hydraulic testing of the system for flow and pressure characteristics. The consultant also projects future system demands and recommends improvements for pumping and distribution components of the system, as well as groundwater sources. The last study was conducted in 2001 by CH2MHill, which resulted in a Master Plan for the water system. Based on this Master Plan, areas of deficiency were noted, as well as a general timetable for completing corrective action. Some of the projects completed from the Master Plan recommendations include: addition of the corrosion control system, modifications to the Platte River Pumping Station, and repairs to the Kimball Reservoir. Because of increasing groundwater contamination and more stringent regulations, the Master Plan recommends planning for abandonment of the wells located in the City. In fact, two of the seven wells that were in operation at the time the Master Report was drafted have been abandoned because of contamination. To replace lost wells, the Master Plan recommends increasing pumping capacity and water storage volume at the Roger’s Reservoir and Pumping Station. The Rogers Reservoir is located on the west side of the City at Old Potash Highway and North Road. Increasing the storage of the Pumping Station would add a second three million gallon above-ground water storage reservoir. Reservoir construction is scheduled over two years with construction of the tank foundations and underground piping during 2008 and construction of the steel reservoir in 2009. The new reservoir foundation and underground piping construction are included in the ’07 – ‘08 Water Department Budget. To perform the next phase of detailed engineering design and to prepare construction documents for bidding, proposals for engineering services were solicited for this expansion project. Discus sion Specifications for engineering services for the project, Phase 2 – Roger’s Reservoir No. 2 Improvements Project, were prepared, advertised and issued for proposals in accordance with the City Purchasing Code. The engineer’s estimate for the engineering work was $165,000.00. Responses were received from the following firms: Company Not-to-exceed cost CH2M Hill Inc., Omaha, NE $138,464.00 Olsson Associates, Grand Island, NE $ 96,520.00 Jacobson Stachell $130,310.00 Black & Veatch, Kansas City, MO $198,770.00 The proposals were reviewed by engineering staff for factors such as cost, experience, and qualifications. Based on an evaluation of these factors, the Utilities Department recommends that the engineering services contract for Phase 2 – Roger’s Reservoir No. 2 Improvements Project be awarded to Olsson Associates. 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 Contract for Phase 2 – Roger’s Reservoir No. 2 Improvements Project Engineering Services to Olsson Associates, with the not-to-exceed cost of $96,520.00. Sample Motion Move to approve award of the contract to Olsson Associates from Grand Island for the Phase 2 – Rogers Reservoir #2 Project – Water System Engineering Services as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ROGER’S RESERVOIR ENGINEERING SERVICES RFP DUE DATE: November 29, 2007 at 4:00 p.m. DEPARTMENT: Utilities PUBLICATION DATE: November 17, 2007 NO. POTENTIAL BIDDERS: 4 SUMMARY OF PROPOSALS RECEIVED Olsson Associates CH2M Hill Grand Island, NE Omaha, NE Jacobson Satchell Consultants Black & Veatch Omaha, NE Kansas City, MO cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Pat Gericke, Utilities Admin. Assist. Lynn Mayhew, PGS Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1208 Approved as to Form ¤ _______________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-325 WHEREAS, the City of Grand Island invited proposals for engineering services for Phase 2 - Roger’s Reservoir Engineering Services, according to Request for Proposals on file with the Utilities Department; and WHEREAS, on November 29, 2007, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Olsson Associates of Grand Island, 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, at a cost not to exceed $96,520.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Olsson Associates of Grand Island, Nebraska, at a cost not to exceed $96,520.00 for engineering services for Phase 2 – Roger’s Reservoir No. 2 Improvement Project is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on December 18, 2007. _____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G17 #2007-326 - Approving EPA Clean Air Act Designated Representative Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Gary R. Mader;Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: December 18, 2007 Subject: Approving EPA Clean Air Act Designated Representative Item #’s: G-17 Presenter(s): Gary R. Mader, Utilities Director Background In 1990, Congress instituted a much expanded program of emission control, monitoring and reporting for major fossil burning facilities with passage of the Clean Air Act Amendments of 1990. At the time, the primary focus of the increased regulation was on sulfur emissions and the creation of the new sulfur emission accounting and trading program known as the Acid Rain Program. Among the new requirements were; · Installation of continuous monitoring equipment on fuel burning equipment · Extensive reporting of emissions and monitoring equipment performance and calibration · Creation of the sulfur emission trading system · Assignment of emission allowances to existing facilities · Development of trading and sale provisions to produce a market system for trading the newly created commodity of sulfur allowances · Detailed specifications for equipment operational accuracy and reliability with extensive reporting requirements · And other provisions included in this major legislation Being operators of fossil fueled power plants, the City was included under the new regulatory requirements. The 1990 Amendments shifted regulatory compliance from obligating subject facilities to meet limits established by EPA, to requiring much expanded monitoring and reporting to demonstrate emission limit compliance with penalties associated with any failures in the monitoring and reporting, without regard for the actual emission. With the much more complex requirements, the 1990 Amendments required the owner or operator of a source to appoint a “Designated Representative” who was to have control and responsibility for the newly enacted regulatory compliance processes, and an “Alternate Designated Representative” to act in the event the Designated Representative is not available. Designated Representative Responsibilities; Environmental Protection Agency rules governing the Designated Representative are set forth in 40 CFR §72.20, Subpart B. These rules include the following: 1. The Designated Representative is defined as a “responsible person or official authorized by the owner and operator of a unit to represent the owner and operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit. 2. That the Designated Representative “by his or her actions, inactions, or submissions, legally bind each owner and operator of the affected source…” 3. That the “… owners and operators shall be bound by any order issued to a Designated Representative by the Administrator, the permitting authority, or the court.” 4. That “…where a particular violation resulted from acts or omissions that are within the scope of the Designated Representative’s responsibilities, he will be subject to liability for that violation.” In the case of municipal ownership of power plants, there is an apparent conflict between the federal mandate to have a Designated Representative who is a “natural person” and who can “legally bind” and “be subject to liability for violation”; and Nebraska law which does not permit the City Council to delegate its authority to any individual. A notation to that affect was made on the required document submitted to EPA. After evaluation by the Utilities Department and the Legal Department of the City, the decision was made to appoint the Utilities Director as the Designated Representative (DR) and the Assistant Utilities Director-Production Division as the Alternate Designated Representative (ADR). The appointments were made by the City Council at a regular session in December of 1994, by execution of a Representative Agreement document. Discussion Since the original designations were made, subsequent regulations promulgated by EPA have followed the pattern set by the 1990 Act which created the Acid Rain Program. Subsequent regulation includes programs for Nitrous Oxides, Ozone and most recently Mercury. The Platte Generating Station is subject to the Mercury regulation and the Department is working to the installation and certification of the EPA required monitoring equipment and planning for major construction of Mercury control equipment for completion in 2010. Since the original program that set the format of subsequent regulation was specifically for the Acid Rain Program, much of the documentation and record was set up for that initial program. Subsequent programs have required DR responsibility for program implementation and regulatory compliance. EPA is concerned that the initial DR designations records include responsibility for only that first program. Therefore, EPA is requiring all owners or operators of facilities subject to Clean Air Act regulation to reappoint Designated Representatives and Alternate Designated Representatives specifically for the subsequent programs. In the case of Grand Island, the Platte Generating Station is subject to the initial Acid Rain Program and the more recent Clean Air Mercury Rule (CAMR). Attached is a draft “Representation Agreement” incorporating the addition of the newer EPA mercury regulation. Also attached are, the Certificate of Representation to be executed by the DR and ADR, summaries of the Federal Code of Regulation (CFR) sections pertaining to DR and ADR requirements, an excerpt from the Federal Register 40 CRF §72.20 Subpart B-Designated Representative, and a legal review by the firm of Spiegel & McDairmid of the Designated Representative obligations and liabilities. 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 restated Representation Agreement to include the Clean Air Mercury Rule, retaining the appointments of Gary R. Mader as Designated Representative and Timothy G. Luchsinger as Alternate Designated Representative. Sample Motion Move to approve the Representation Agreement appointing the Designated Representative and Alternate Designated Representative for the City of Grand Island in compliance with the Clean Air Act and Environmental Protection Agency regulation. Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-326 WHEREAS, in 1990, Congress instituted an expanded program of emission control, monitoring and reporting for major fossil burning facilities with passage of the Clean Air Act Amendments of 1990; and WHEREAS, because the City of Grand Island is the operator of a fossil fueled power plants, the City is bound under the regulations of the Clean Air Act Amendments of 1990; and WHEREAS, as a requirement of the Clean Air Act Amendments of 1990, an appointment of a “Designated Representative” is necessary to have control and responsibility for the enacted regulatory compliance process. It is further required that an “Alternate Designated Representative” be appointed to act in the event the Designated Representative is not available; and WHEREAS, it would be in the best interest of the City to appoint Utilities Director Gary Mader as the Designated Representative and Assistant Utilities Director Timothy Luchsinger as the Alternate Designated Representative. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the appointments of Utilities Director Gary R. Mader as Designated Representative and Assistant Utilities Director Timothy G. Luchsinger as Alternate Designated Representative for the City of Grand Island, in compliance with the Clean Air Act and Environmental Protection Agency regulation are hereby approved. BE IT FURTHER RESOLVED THAT the Mayor is hereby authorized and directed to execute the Representation Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2007-327 - Approving Acquisition of Utility Easement - Along Front Property Lines of New York and Pennsylvania Avenue, East of Independence Avenue - Woodland Park Townhomes, LLC, & Hastings Ventures, LLC Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Gary Mader City of Grand Island City Council Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-327 WHEREAS, a public utility easement is required by the City of Grand Island, from Woodland Park Townhomes, LLC and Hastings Ventures, LLC, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on December 18, 2007, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; more particularly described as follows: The southerly five (5) feet of Lots One (1), Two (2), Three (3), and Four (4), Block One (1); and the northerly five (5.0) feet of Lots One (1), Two (2), Three (3), and Four (4), Block Two (2); and the southerly five (5.0) feet of Lots Five (5), Six (6) and Seven (7) said Block Two (2); and the northerly five (5.0) feet of Lots One (1), Two (2), Three (3), and Four (4), Block Three (3); all being a part of Woodland Park Fifth Subdivision. The above-described easement and right-of-way containing a combined total of 0.156 acres, more or less, as shown on the plat dated 11/30/2007, marked Exhibit "A", attached hereto and incorporated herein by reference, 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 Woodland Park Townhomes, LLC and Hastings Ventures, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2007-328 - Approving Bid Award for One (1) 2008 Solid Waste Transfer Trailer (Solid Waste Division) Tuesday, December 18, 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: December 18, 2007 Subject: Approving Bid Award for One (1) 2008 Solid Waste Transfer Trailer (Solid Waste Division) Item #’s: G-19 Presenter(s): Steven P. Riehle, Public Works Director Background On November 10, 2007 the Solid Waste Division of the Public Works Department advertised for bids for a 128 Cubic Yard Solid Waste Transfer Trailer. Funds for the loader were in the approved 2007/2008 budget. Discussion Bids were received and opened on December 4, 2007. The Solid Waste Division of the Public Works Department and the Purchasing Division reviewed the bids that were received. Bidder Base Price Trade In Net Exceptions Wilkens Industries, Inc. of Morris, MN $55,915.00 $13,000.00 $42,915.00 None Steco Trailers, Inc. of Enid, OK $55,900.00 $12,000.00 $43,900.00 Trailer width – 123 cubic yards 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 Solid Waste Transfer Trailer from Wilkens Industries, Inc. Sample Motion Move to approve purchase of the Solid Waste Transfer Trailer from Wilkens Industries, Inc. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 4, 2007 at 11:20 a.m. FOR: (1) 2008 128 Cubic Yard Solid Waste Transfer Trailer DEPARTMENT: Public Works ESTIMATE: $70,000.00 FUND/ACCOUNT: 50530040-85625 PUBLICATION DATE: November 10, 2007 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Wilkens Industries, Inc. Steco Trailers, Inc. Morris, MN Enid, OK Bid Security: $2,245.75 $2,800.00 Exceptions: None Noted Base Price: $55,915.00 $55,900.00 Trade -In: 13,000.00 12,000.00 Extended Warranty: 2,000.00 N/A Total Bid: $44,915.00 $43,900.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Jeff Wattier, Solid Waste Supt. Catrina Delosh, PW Admin. Assist. Jeff Pederson, City Administrator Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1207 Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-328 WHEREAS, the City of Grand Island invited sealed bids for a 2008 Solid Waste Transfer Trailer, according to plans on file with the Public Works Department; and WHEREAS, on December 4, 2007, bids were received, opened and reviewed; and WHEREAS, Wilkens Industries, Inc., of Morris, Minnesota, 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 $55,915.00, with a trade-in of $13,000, for a net cost of $42,915.00; and WHEREAS, the bid of Wilkens Industries, Inc. is less than the estimate for the 2008 Solid Waste Transfer Trailer. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wilkens Industries, Inc., of Morris, Minnesota, in the amount of $55,915.00, with a trade-in of $13,000, for a net cost of $42,915.00 for a 2008 Solid Waste Transfer Trailer is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2007-329 - Approving Bid Award for One (1) 2008 Four Wheel Drive Front End Loader (Solid Waste Division) Tuesday, December 18, 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: December 18, 2007 Subject: Approving Bid Award for One (1) 2008 Four Wheel Drive Front End Loader (Solid Waste Division) Item #’s: G-20 Presenter(s): Steven P. Riehle, Public Works Director Background On November 10, 2007 the Solid Waste Division of the Public Works Department advertised for a 31,000 Pound Four Wheel Drive Front End Loader. Funds for the loader were in the approved 2007/2008 budget. Discussion Bids were received and opened on December 4, 2007. The Solid Waste Division of the Public Works Department and the Purchasing Division reviewed the bids that were received. The loader bid by Nebraska Machinery of Doniphan, NE meets all of the specifications and based on an anticipated 4-year ownership, is the machine with the lowest net cost of ownership. Neither of the qualifying bidders noted any exceptions. Bidder Base Price Trade In Repurchasing Agreement Net Cost of Ownership Nebraska Machinery of Doniphan, NE $197,045.00 $85,000.00 4 yrs or 4,000 hrs = $96,500.00 $15,545.00 Murphy Tractor & Equipment Co. of Grand Island, NE $191,500.00 $88,500.00 4 yrs or 4,000 hrs = $85,000.00 $18,000.00 Mid Land Equipment Co. of Lincoln, NE $158,473.00 $79,000.00 4 yrs or 4,000 hrs = $85,000.00 Does not meet specifications *Mid Land Equipment Co. of Lincoln, NE submitted a bid that did not meet the specifications. 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 Four Wheel Drive Front Loader from Nebraska Machinery. Sample Motion Motion to approve purchase of the Four Wheel Drive Front Loader from Nebraska Machinery. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 4, 2007 at 11:00 a.m. FOR: (1) 2008 31,000 lb. 4 Wheel Drive Front End Loader DEPARTMENT: Public Works ESTIMATE: $230,000.00 FUND/ACCOUNT: 50530040-85615 PUBLICATION DATE: November 10, 2007 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Murphy Tractor & Equipment Co. Nebraska Machinery Grand Island, NE Doniphan, NE Bid Security: Sentry Select Insurance Company Western Surety Company Exceptions: None None Base Price: $191,500.00 $197,045.00 Trade -In: $ 88,500.00 85,000.00 Repurchasing Agreement: 2 yrs or 2,000 hrs: $110,000.00 $119,350.00 3 yrs or 3,000 hrs: 95,000.00 107,350.00 4 yrs or 4,000 hrs: 85,000.00 96,500.00 Bidder: Mid Land Equipment Co. Lincoln, NE Bid Security: $8,000.00 Exceptions: Noted Base Price: $158,473.00 Trade -In: 79,000.00 Repurchasing Agreement: 2 yrs or 2,000 hrs: $115,000.00 3 yrs or 3,000 hrs: 100,000.00 4 yrs or 4,000 hrs: 85,000.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Jeff Wattier, Solid Waste Supt. Catrina Delosh, PW Admin. Assist. Jeff Pederson, City Administrator Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1205 Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-329 WHEREAS, the City of Grand Island invited sealed bids for a 2008 Model 31,000 pound Four Wheel Drive Front End Loader, according to plans on file with the Public Works Department; and WHEREAS, on December 4, 2007, bids were received, opened and reviewed; and WHEREAS, Nebraska Machinery of Doniphan, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, at a base price of $197,045.00, with a trade-in of $85,000.00 and a Repurchasing Agreement in the amount of $96,500.00, for a net cost of ownership being $15,545.00; and WHEREAS, the bid of Nebraska Machinery is less than the estimate for the 2008, Model 31,000 pound Four Wheel Drive Front End Loader. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Machinery of Doniphan, Nebraska, at a base price of $197,045.00, with a trade-in of $85,000.00 and a Repurchasing Agreement in the amount of $96,500.00, for a net cost of ownership of $15,545.00 for a 2008, Model 31,000 pound Four Wheel Drive Front End Loader is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G21 #2007-330 - Approving Bid Award for One (1) 2008, 90,000 GVW Conventional Truck-Tractor (Solid Waste Division) Tuesday, December 18, 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: December 18, 2007 Subject: Approving Bid Award for One (1) 2008, 90,000 GVW Conventional Truck-Tractor (Solid Waste Division) Item #’s: G-21 Presenter(s): Steven P. Riehle, Public Works Director Background On November 10, 2007 the Solid Waste Division of the Public Works Department advertised for a 90,000 Pound GVW Conventional Truck-Tractor. Funds for the loader were in the approved 2007/2008 budget. Discussion Bids were received and opened on December 4, 2007. The Solid Waste Division of the Public Works Department and the Purchasing Division reviewed the bids that were received. Exceptions to the bids are noted as follows: Sterling: The specifications called for equipment to be delivered from assembly point to the City of Grand Island Solid Waste Division, Transfer Station, by commercial freight, rail or truck, unless otherwise authorized by the City. The exception made by Nebraska Truck Center is to drive the truck-tractor if delivery is in excess of 150 miles from assembly point. The specifications also called for a demonstration of the exact item being proposed, if requested, within seven (7) calendar days from such request. Nebraska Truck Center stated a demonstration would not be provided. Freightliner: The same delivery exception listed for the Sterling applies to this make. The specifications called for a Caterpillar, Diesel, Model C-13 ACERT Technology, 430 hp, torque 1,650 ft. lbs. The engine proposed for this make is a Detroit Motor. International: The power steering proposed by Hansen International Inc. does not meet the specifications of Ross TA-65 power steering or equivalent. The requested tires in the specifications were noted as an exception and would not be provided with the truck-tractor. Peterbilt: There were no exceptions noted. Bidder Bid Price Make Nebraska Truck Center, Inc. of Grand Island, NE $88,740.00 Sterling Nebraska Truck Center, Inc. of Grand Island, NE $90,188.00 Freightliner Hansen International Truck, Inc. $100,102.51 International Nebraska Peterbilt of Grand Island, NE $90,803.00 Peterbilt 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 Sterling Conventional Truck-Tractor from Nebraska Truck Center, Inc. Sample Motion Move to approve purchase of the Sterling Conventional Truck-Tractor from Nebraska Truck Center, Inc. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 4, 2007 at 11:10 a.m. FOR: (1) 2008 90,000 GVW Conventional Truck-Tractor DEPARTMENT: Public Works ESTIMATE: $95,000.00 FUND/ACCOUNT: 50530040-85625 PUBLICATION DATE: November 10, 2007 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Nebraska Truck Center, Inc. Hansen International Truck, Inc. Grand Island, NE Grand Island, NE Bid Security: $4,509.40 $5,010.00 Exceptions: Noted Noted Make: Freightliner International Bid Price: $90,188.00 $100,102.51 Alternate Bid: Exceptions: Noted Make: Sterling Bid Price: $88,740.00 Bidder: Nebraska Peterbilt Grand Island, NE Bid Security: $4,540.15 Exceptions: None Bid Price: $90,803.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Jeff Wattier, Solid Waste Supt. Catrina Delosh, PW Admin. Assist. Jeff Pederson, City Administrator Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1206 Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-330 WHEREAS, the City of Grand Island invited sealed bids for a 2008, Model 90,000 GVW Conventional Truck-Tractor for the Solid Waste Division, according to specifications on file with the Public Works Department; and WHEREAS, on December 4, 2007, bids were received, opened and reviewed; and WHEREAS, Nebraska Truck Center, Inc. of Grand Island, 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 $88,740.00; and WHEREAS, the bid of Nebraska Truck Center, Inc., of Grand Island, Nebraska is less than the estimate for the 2008, Model 90,000 GVW Conventional Truck-Tractor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Truck Center of Grand Island, Nebraska, in the amount of $88,740.00 for a 2008, Model 90,000 GVW Conventional Truck-Tractor for the Public Works Department, Solid Waste Division, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G22 #2007-331 - Approving Authorization for Emergency Sanitary Sewer Repair Related to Valve Failure in the Pumping Station as the Wastewater Treatment Plant Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: December 18, 2007 Subject: Approving Authorization for Emergency Sanitary Sewer Repair Related to Valve Failure in the Pumping Station at the Wastewater Treatment Plant Item #’s: G-22 Presenter(s): Steven P. Riehle, Public Works Director Background At 11:45 a.m. on Thursday, November 29th a valve failed at the city’s Wastewater Treatment Plant and flooded the basement of a pump room. The pumps had to be shut off, allowing sewage to back up into the collection system. The immediate threat was the flooding of basements with raw sewage if crews were unable to restore the original pumps or install emergency backup pumps in time. At 2:20 pm a Sewer Emergency was declared and residents were asked to reduce water use to avoid adding sewage to the system. Wastewater employees were aware of the risk of sewage flooding and began tackling the problem with assistance from The Diamond Engineering Company and Nunnenkamp Well Co. Every portable pump the City owned, those available from Diamond Engineering, and two pumps from Nunnenkamp Well Co. were put into operation. The Grand Island Utilities Department shut down a power line to allow installation of a portable pump. Emergency backup pumps were delivered by the Hastings and Kearney Utilities Departments. Two rental pumps were dispatched from an equipment rental company in Omaha. Two large hydraulic pumps were ordered from a contractor in Omaha. Around 12:30 a.m. Friday morning, two of the permanent pumps in the pump room were back on-line. By 3:45 a.m. the system was back to normal capacity. Discussion The cost of the work is expected to exceed $20,000; therefore we are requesting permission to use the emergency procurement procedures as outlined in Section 27-13 of the City Code. The Diamond Engineering Company of Grand Island, Nebraska was already on site performing emergency repairs from a November 21, 2007 emergency and was therefore hired to assist with this emergency. The contractor will be paid based on time and material actually incorporated into the repair work. The total cost for the work performed by The Diamond Engineering Company including equipment and pump rental is estimated at $55,000.00. 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 authorization for emergency sanitary sewer repair. Sample Motion Move to approve authorization for emergency sanitary sewer repair. Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-331 WHEREAS, the Waste Water Division of the Public Works Department needed emergency sanitary sewer repair related to valve failure in the Pumping Station at the Wastewater Treatment Plant; and WHEREAS, the estimated cost is of the repair is $55,000.00 (actual cost based on time and materials); and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, has been requisitioned to do said repairs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that an emergency existed and that the sanitary sewer repair related to valve failure in the Pumping Station at the Wastewater Treatment Plant by the Diamond Engineering Company of Grand Island, Nebraska, with an estimated cost of $55,000.00 is hereby approved. BE IT FURTHER RESOLVED that the purchase order for such project on behalf of the City of Grand Island is hereby ratified. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2007-332 - Consideration of Request from H & H Catering, Inc. dba Neater's Alibi, 908 North Broadwell Avenue for a Class "CK" Liquor License and Liquor Manager Designation for Alan Hagemeier, 46785 Hwy 70, Arcadia, Nebraska Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-332 WHEREAS, an application was filed by H & H Catering, Inc., doing business as Neater’s Alibi, at 908 North Broadwell, Grand Island, Nebraska, for a Class "CK" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on December 8, 2007; such publication cost being $14.03; and WHEREAS, Alan Hagemeier, 46785 Hwy 70, Arcadia , Nebraska, has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on December 18, 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 approval of Alan Hagemeier, 46785 Hwy 70, Arcadia, Nebraska, as liquor manager of such business, contingent upon Mr. Hagemeier completing a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2007-333 - Consideration of Request from Fourth Street Cafe, Inc. dba Pam's Pub & Grub, 2848 South Locust Street for a Class "C" Liquor License and Liquor Manager Designation for Pamela Ehlers, 2170 N. Monitor Road Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ December 13, 2007 ¤ City Attorney R E S O L U T I O N 2007-333 WHEREAS, an application was filed by Fourth Street Café, Inc., doing business as Pam’s Pub & Grub, at 2848 South Locust Street, Grand Island, Nebraska, for a Class "C" Liquor License; and WHEREAS, a public hearing notic e was published in the Grand Island Independent as required by state law on December 8, 2007; such publication cost being $14.03; and WHEREAS, Pam Ehlers, 2170 North Monitor Road, Grand Island, Nebraska, has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on December 18, 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 contingent upon final inspections. ____ 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 approval of Pam Ehlers, 2170 North Monitor Road, Grand Island, Nebraska, as liquor manager of such business, contingent upon Ms. Ehlers completing a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 18, 2007. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of December 5, 2007 through December 18, 2007 The Claims for the period of November 5, 2007 through December 18, 2007 for a total amount of $4,294,228.02. A MOTION is in order. Tuesday, December 18, 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 November 14, 2007 through December 18, 2007 The Claims for the Library Expansion for the period of November 14, 2007 through December 18, 2007 for the following requisition:. #99 $1,250.00 #100 235.49 #101 1,988.14 #102 28,979.48 Total: $32,453.11 A MOTION is in order. Tuesday, December 18, 2007 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council