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02-12-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, February 12, 2008 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 Inovcation - Pastor Jay Vetter, Trinity United Methodist Church, 511 North Elm Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item E1 Public Hearing on the One & Six Year Street Improvement Program Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: February 12, 2008 Subject: Approving One & Six Year Street Improvement Program Item #’s: E-1 & I-1 Presenter(s): Steven P. Riehle, Public Works Director Background Adoption of a One and Six Year Street Improvement Program is mandatory by State Law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. The Public Works Department goes through a process to prioritize street projects taking into consideration many factors such as: · Availability of funds · Condition of the street · Traffic Counts · Eligibility for State/Federal funds · Redevelopment patterns · Public/Council input The City engages in a public process to assure input into the policy making process. The proposed One & Six Year Street Improvement Program is a result of the following steps: · Tuesday, January 22, 2008 – City Council referred plan to Regional Planning Commission · Wednesday, February 6, 2008 – Regional Planning Commission conducted a Public Hearing and forwarded the recommendation to the City Council · Tuesday, February 12, 2008 – City Council hears presentation from staff, conducts Public Hearing and passes a Resolution adopting the plan. Discussion A public hearing was conducted, testimony received and discussion held on the One & Six Year Street Improvement Program at the Grand Island/Hall County Regional Planning Commission meeting on February 6, 2007. The proposed round-a-bout at the intersection of the North Road and Capital Avenue intersection was discussed and the Planning Commission recommended leaving the project in year 2009. The Community Development and Public Works Departments are pursuing safety funds from the Nebraska Department of Roads for the round-a-bout. The preliminary engineering for an underpass on Broadwell Avenue at the Union Pacific Railroad tracks, originally planned for 2013, was moved up to 2009. Declining traffic counts on Broadwell Avenue were discussed at the Regional Planning Commission meeting. The traffic counts are included for review in the council packet. The Regional Planning Commission also discussed a lesser preliminary engineering study that could be performed for the Broadwell Avenue underpass, but left the $1.2 million preliminary engineering in the program. The city would use federal aid STP funds for 80% of the preliminary engineering costs. The One and Six Year Street Improvement Program was recommended for approval by the Planning Commission is attached. 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 the Council conduct a Public Hearing and approve the One and Six Year Street Improvement Program. Sample Motion Move to approve the One and Six Year Street Improvement Program. 2008 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-490 Annual Paving Petition Program (2008)$200 $200 M310-500 Widen Capital Avenue - Moores Creek Drainway to Webb Road - Construction $4,500 $3,375 $1,125 M310-351 Hwy 30 - Grant to Greenwich - NDOR Project (FY 2007)$5,322 $4,258 $1,064 M310-508 Wasmer Cell Construction $735 $588 $147 M310-537 Realign Walnut Middle School entrance with 15th St. & install traffic signal $270 $270 M310-407 S. Locust - HWY 34 to I-80 - Additional Landscaping $60 $48 $12 Street Resurfacing M310-491 Annual Resurfacing Program (2008)$750 $750 Drainage & Flood Control M310-493 Concrete Lining of Drainage Ditches(2008)$50 $50 M310-461 Moores,Prairie, & Silver Creek Flood Control - Construction for Northwest Grand Island $825 $450 $375 M310-514 Detention Cell/Ditch Restoration $50 $50 M310-382 Moores Creek Drainage - along North Road from Rogers Well to S. of Old Potash HWY $209 $209 Other M310-385 Geographic Information System (Continued development and maintenance)$25 $25 M310-515 Railroad Quiet Zone $150 $150 M310-389 Hike/Bike Trail Const. along Floodway - Hall County Park to S. Locust $435 $348 $87 TOTALS $13,581 $9,337 $1,064 $200 $2,980 2/7/2008 Page 1 of 6 2009 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-501 Annual Paving Petition Program (2009)$750 $750 M310-409 S. Locust Grading and Median Drains for New Lanes $875 $700 $175 M310-341 S. Locust I-80 to Floodway, Surfacing New Lanes $3,314 $2,651 $663 M310- Construct Left Turn Lane on North Road @ NW High School $56 $56 M310-535 Realign Barr Mid. School entrance with Riverside Dr & signal @ Stolley/Adams $360 $306 $54 M310-487A Stolley Park Rd widening, Locust to Fonner Park Ent. (Eng Design & ROW)$150 $150 M310-545 Traffic Signal @ Rae Road/HWY 281 $135 $135 M310-353 Faidley Ave. - Moores Creek Ditch to North Rd.$1,250 $1,250 M310-538 Round-a-bout - Capital Ave/North Rd Intersection $360 $360 M310-458 Traffic Signal - HWY 281/Wildwood Dr.$170 $85 $85 M310- Broadwell/UPRR Grade Separation (Preliminary Engineering)$1,200 $960 $240 Street Resurfacing M310-503 Annual Resurfacing Program (2009)$500 $500 Drainage & Flood Control M310-485 PVIP Cells & Drainage $127 $127 M310-507 Independence Avenue Drainage(Design/ROW)$80 $80 M310-505 Concrete Lining of Drainage Ditches(2009)$50 $50 M310-461 Moores,Prairie, & Silver Creek Flood Control - Construction $825 $450 $375 M310-516 Detention Cell/Ditch Restoration $50 $50 Other M310-385 Geographic Information System (Continued development and maintenance)$25 $25 M310-408 Hike/Bike Bridge Superstructure over two Platte River Channels $390 $312 $78 M310-518 Railroad Quiet Zone $150 $150 M310-447 Hike/Bike Trail Construction - State St. to Veterans Home $600 $480 $120 TOTALS $11,417 $2,593 $3,351 $2,000 $3,473 2/7/2008 Page 2 of 6 2010 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-519 Annual Paving Petition Program (2010)$750 $750 M310-533 Husker Highway Widening - from 1/4 Mi. west of HWY 281 easterly to Highway 281 $1,200 $900 $300 M310- Intersection Improvements @ North Rd & Stolley Park Rd near UPRR $146 $146 M310-487 Stolley Park Rd widening, Locust to Fonner Park Entrance (Construction)$1,200 $1,200 M310-267 Two Bridge Replacements - Blaine @ Wood River (Engineering Design)$45 $45 M310-540 Intersection Improvements @ 13th & North Road $300 $300 Street Resurfacing M310-522 Annual Resurfacing Program (2010)$500 $500 Drainage & Flood Control M310-523 Annual Major Drainage Development (2010)$300 $300 M310-524 Concrete Lining of Drainage Ditches(2010)$50 $50 M310-461 Moores,Prairie, & Silver Creek Flood Control - Construction $825 $450 $375 M310-525 Detention Cell/Ditch Restoration $50 $50 M310-485 PVIP Cells & Drainage $272 $272 M310-507 Independence Ave. Drainage (Construction)$350 $350 Other M310-385 Geographic Information System (Continued development and maintenance)$25 $25 M310-527 Misc. Safety Enhancements $150 $150 M310-431 Hike/Bike Trail Construction, S. Locust - Floodway to I-80 $600 $480 $120 TOTALS:$6,763 $930 $900 $1,950 $2,983 2/7/2008 Page 3 of 6 2011 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-541 Annual Paving Petition Program (2011)$750 $750 M310-89 Capital Ave - Webb to Broadwell Ave $1,000 $1,000 M310-498 S. Locust - Illumination Lighting S. City Limits to I-80 $1,000 $800 $200 M310-521 Swift Road - WWTP to Shady Bend Rd $450 $450 Street Resurfacing M310-542 Annual Resurfacing Program (2011)$500 $500 Drainage & Flood Control M310-543 Annual Major Drainage Development (2011)$300 $300 M310-544 Concrete Lining of Drainage Ditches(2011)$50 $50 M310-461 Moores,Prairie, & Silver Creek Flood Control - Construction $825 $450 $375 M310-525 Detention Cell/Ditch Restoration $50 $50 Other M310-385 Geographic Information System (Continued development and maintenance)$25 $25 M310-414 Hike/Bike Trail Construction, S. Locust to Morman Island. (Parallel to I-80)$600 $600 M310-527 Misc. Safety Enhancements $150 $150 M310-517 Hike/Bike Trail Const. - Veterans Home to Eagle Scout Park $600 $480 $120 TOTALS $6,300 $1,530 $800 $750 $3,220 2/7/2008 Page 4 of 6 2012 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-546 Annual Paving Petition Program (2012)$750 $750 M310-520 Capital Ave - Broadwell to St. Paul Road $1,000 $1,000 M310-528 State St/Diers Ave - Intersection Improvements $390 $390 M310-539 3rd Street Widening - Adams to Eddy St.$90 $90 M310-411 Highway 34 - Highway 281 to Locust - NDOR Project $1,125 $900 $225 M310-267 Two Bridge Replacements - Blaine @ Wood River (Construction)$250 $120 $130 M310- Left Turn Lane on Husker HWY @ Heartland Luthern High School $62 $62 M310- 13th Street - Intersection Improvements @ Mansfield Rd/Redwood Rd $62 $62 M310- Resurface Wildwood Rd - U.S. HWY 281 to Locust St.$876 $701 $175 M310-334 Widen Eddy Street Underpass to 5-lanes on south end $175 $175 Street Resurfacing M310-547 Annual Resurfacing Program (2012)$500 $500 Drainage & Flood Control M310-548 Annual Major Drainage Development (2012)$500 $500 M310-549 Concrete Lining of Drainage Ditches(2012)$50 $50 M310-461 Moores,Prairie, & Silver Creek Flood Control - Construction (Due remainder of Project)$825 $450 $375 M310-525 Detention Cell/Ditch Restoration $50 $50 M310-511 Moores Creek Drainage - along North Road from Old Potash HWY to Edna Dr.$150 $150 Other M310-517 Hike/Bike Trail Const. - Veterans Home to Eagle Scout Park $600 $480 $120 M310-385 Geographic Information System (Continued development and maintenance)$25 $25 M310-527 Misc. Safety Enhancements $150 $150 TOTALS $7,630 $2,651 $225 $1,750 $3,004 2/7/2008 Page 5 of 6 2013 and After Construction (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-352 Hwy 30 - Hwy 281 to west City Limits - NDOR Project $20,068 $16,054 $4,014 M310-Annual Paving Petition Program (2013)$750 $750 M310-499 Grade Separation Broadwell @ UPRR $10,800 $9,720 $1,080 M310-502 Grade Separation Shady Bend Road @ UPRR $16,000 $14,400 $1,600 M310-536 Traffic Signal - Locust St./Fonner Park Heartland Event Center Center Entrance $150 $150 M310-Grade Separation North Road @ UPRR $7,600 $6,840 $760 M310-480 Independence Avenue Paving - Shanna St. to Manchester Ave. $1,050 $1,050 Street Resurfacing M310-Annual Resurfacing Program (2013)$500 $500 Drainage & Flood Control M310- Annual Major Drainage Development (2013)$500 $500 M310-Concrete Lining of Drainage Ditches(2013)$50 $50 M310-461 Moores,Prairie, & Silver Creek Flood Control - Construction (Due remainder of Project)$3,300 $1,800 $1,500 M310-525 Detention Cell/Ditch Restoration $50 $50 M310-459 Construct Drainway from CCC area to Wood River $425 $425 Other M310-526 Hike/Bike Trail Const. along Floodway - S. Locust to Platte River $600 $480 $120 M310-385 Geographic Information System (Continued development and maintenance)$25 $25 M310-416 BLDG Improvements at West Yard $375 $375 M310-527 Misc. Safety Enhancements $150 $150 M310-497 Illuminating Lighting - HWY 281, Stolley to Old Potash $250 $250 TOTALS $62,643 $49,294 $7,454 $1,800 $4,095 2/7/2008 Page 6 of 6 February 7, 2008 Honorable Margaret Hornady, Mayor And Members of the Council City Hall 100 E. 1st Street Grand Island, NE 68801 Dear Members of the Council: RE: ADOPTION OF THE 1 & 6 YEAR STREET IMPROVEMENT PLAN FOR THE CITY OF GRAND ISLAND. At the meeting of the Regional Planning Commission, held February 6, 2008, the above item was considered following a public hearing. This item is to adopt the new 1 & 6 year street improvement plan for the City of Grand Island. Steve Riehle , Public Works Director spoke and explained the projects and goals for the 1 & 6 year street improvement plan. He explained the proposed round-a-bout at North Road and Capital Avenue and the preliminary design project for a Broadwell grade separation in detail. Planning Commissioners asked about the round-a-bout; specifically regarding the size of the project, how close the road would come to adjacent properties and the amount of property necessary for the project. They also asked about truck traffic through the intersection. Riehle stated that based on the preliminary design and discussions with neighboring property owners a few years back that it did not appear that the road would move much closer than where people currently drive. Some property acquisition would be necessary but most of that area is currently being used as roadway when people cut the corners on a turn. This area is not a truck route so only deliveries are permitted. The design of the round a bout would accommodate occasional truck traffic. Dan Fogland, of Copycat questioned the need for the Broadwell Grade separation. He feels that dealing with the crossing at the edges of town makes more sense. He stated that traffic volumes on Broadwell appear to be declining. A review of the traffic volumes, as provided by Riehle, shows that the numbers do vary from year to year but that there do not appear to be any significant declines over the last 17 years. Based on comments from the UPRR as quoted in the Grand Island Independent the number of trains has increased significantly. Following further consideration and discussion of the proposed projects, a motion was made by Bredthauer and 2nd by Miller to approve and recommend that the City Council approve and adopt the 1 & 6 year street plan for the City of Grand Island. A roll call vote was taken and the motion passed unanimously by the 10 members present (Miller, Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Heineman, Snodgrass). Yours truly, Chad Nabity AICP Planning Director City of Grand IslandCity of Grand Island 1 & 6 year Street Improvement Plan1 & 6 year Street Improvement Plan 2008 through 20132008 through 2013 Regional Planning CommissionRegional Planning Commission February 6, 2008February 6, 2008 Capital Avenue WideningCapital Avenue Widening 20082008 StartStart 20092009 FinishFinish US Hwy 30 WideningUS Hwy 30 Widening Scheduled for Scheduled for March 2008 March 2008 StartStart US Hwy 30 Widening US Hwy 30 Widening §§NDOR ProjectNDOR Project §§Grant to GreenwichGrant to Greenwich §§Upgrade to 5 lane roadwayUpgrade to 5 lane roadway §§Improve Storm Sewer DrainageImprove Storm Sewer Drainage §§Roadway construction complete Roadway construction complete ––fall 2008fall 2008 §§WrapWrap--up work in Spring 2009up work in Spring 2009 Wasmer Detention CellWasmer Detention Cell §§Start Start --May 2008May 2008 §§Completion Completion –– Summer 2008Summer 2008 §§Improves drainage Improves drainage capacity of US Hwy 30capacity of US Hwy 30 §§Not a flowNot a flow --through cellthrough cell Walk to Walnut SRTS Project Walk to Walnut SRTS Project --20082008 Realign Realign DrivewayDriveway To matchTo match Up to 15Up to 15thth TrafficTraffic SignalSignal Extend Moores Creek Ditch Extend Moores Creek Ditch --20082008 Quiet Zones on UPRR Corridor Quiet Zones on UPRR Corridor --20082008 §§OakOak §§PinePine §§WalnutWalnut §§ElmElm Other 2008 ProjectsOther 2008 Projects §§Annual Paving Petition ProgramAnnual Paving Petition Program §§Annual Asphalt Resurfacing ProgramAnnual Asphalt Resurfacing Program §§Concrete Lining of DitchesConcrete Lining of Ditches §§Moores, Prairie and Silver Creek Flood Moores, Prairie and Silver Creek Flood ControlControl §§Detention Cell Ditch RestorationDetention Cell Ditch Restoration §§Hike/Bike Trail Construction along Floodway Hike/Bike Trail Construction along Floodway ––Hall County Park to South Locust Hall County Park to South Locust South Locust 4South Locust 4 --LanesLanes §§2009 Construction2009 Construction NWHS Left Turn Lane NWHS Left Turn Lane --20092009 Realign Barr MS Entrance Realign Barr MS Entrance --20092009 Extend Faidley Ave to North Road Extend Faidley Ave to North Road --20092009 North Road & Capital Ave North Road & Capital Ave RoundRound--AA--Bout 2009Bout 2009 RoundRound--AA--Bouts reduce ConflictsBouts reduce Conflicts Quiet Zones on UPRR Corridor Quiet Zones on UPRR Corridor --20092009 §§LincolnLincoln §§BroadwellBroadwell §§CusterCuster 20092009--Study/Preliminary Engineering Study/Preliminary Engineering for underpass on Broadwell Avenue for underpass on Broadwell Avenue at the Union Pacific Railroad Tracksat the Union Pacific Railroad Tracks Traffic Counts at UPRRTraffic Counts at UPRR 2960Oak St 1586Pine St 34303513374445444500Walnut St 788941Elm St 122014362223Lincoln St 10122921610031Blaine / Custer 56707390752476456760Sycamore St 9740980994771230512345Eddy St 1107412729118611187011180Broadwell Ave 20072005200019951990 Traffic Counts Other 2009 ProjectsOther 2009 Projects §§Annual Paving Petition ProgramAnnual Paving Petition Program §§Stolley Park Road widening east of LocustStolley Park Road widening east of Locust §§Traffic Signal at US Hwy 281 and Rae RoadTraffic Signal at US Hwy 281 and Rae Road §§Traffic Signal at US Hwy 281 and Wildwood DriveTraffic Signal at US Hwy 281 and Wildwood Drive §§Independence Ave North of Manchester Independence Ave North of Manchester ––Ditch DesignDitch Design §§Annual Asphalt Resurfacing ProgramAnnual Asphalt Resurfacing Program §§Concrete Lining of DitchesConcrete Lining of Ditches §§Moores, Prairie and Silver Creek Flood ControlMoores, Prairie and Silver Creek Flood Control §§Detention Cell Ditch RestorationDetention Cell Ditch Restoration §§Hike/Bike Bridge Superstructure over two Platte River ChannelsHike/Bike Bridge Superstructure over two Platte River Channels §§Hike/Bike Trail Construction Hike/Bike Trail Construction ––State Street to Veterans HomeState Street to Veterans Home Item E2 Public Hearing on Request from Hy-Vee, Inc. dba Hy-Vee Grand Island #1221, 115 Wilmer Avenue for a Class "C" Liquor License Tuesday, February 12, 2008 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: February 12, 2008 Subject: Public Hearing on Request from Hy-Vee, Inc. dba Hy- Vee Grand Island #1221, 115 Wilmer Avenue 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 Hy-Vee, Inc. dba Hy-Vee Grand Island #1221, 115 Wilmer Avenue has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Also included with the application was a request from Nicholas Steinbach, 21938 Trailridge Blvd, Elk Horn, 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 Hy-Vee, Inc. dba Hy-Vee Grand Island #1221, 115 Wilmer Avenue for a Class “C” Liquor License contingent upon final inspections and the request from Nicholas Steinbach, 21938 Trailridge Blvd., Elk Horn, Nebraska for Liquor Manager designation contingent upon Mr. Steinbach completing a state approved alcohol server/seller training program. Item E3 Public Hearing on Request from Hy-Vee, Inc. dba Hy-Vee Gas #1221, 118 Wilmer Avenue for a Class "D" Liquor License Tuesday, February 12, 2008 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: February 12, 2008 Subject: Public Hearing on Request from Hy-Vee, Inc. dba Hy- Vee Gas #1221, 118 Wilmer Avenue for a Class “D” Liquor License Item #’s: E-3 & I-3 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 the y 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 Hy-Vee, Inc. dba Hy-Vee Gas #1221, 118 Wilmer Avenue has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off sale only inside the corporate limits of the city. Also included with the application was a request from Nicholas Steinbach, 21938 Trailridge Blvd, Elk Horn, 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 Hy-Vee, Inc. dba Hy-Vee Gas #1221, 118 Wilmer Avenue for a Class “D” Liquor License contingent upon final inspections and the request from Nicholas Steinbach, 21938 Trailridge Blvd., Elk Horn, Nebraska for Liquor Manager designation contingent upon Mr. Steinbach completing a state approved alcohol server/seller training program. Item E4 Public Hearing Concerning Acquisition of Utility Easement - 3321 Island Circle - West of Webb Road and South of Hwy. 30 - GIAET, LLC Tuesday, February 12, 2008 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: February 12, 2008 Subject: Acquisition of Utility Easement – 3321 Island Circle – West of Webb Road and South of Hwy. 30 – GIAET, LLC Item #’s: E-4 & G-9 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 GIAET, LLC, located at 3321 Island Circle (west of Webb Road and south of U.S. Highway 30), in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place high voltage cable and a pad-mounted transformer to provide electric service to the new Lacy building. 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 E5 Public Hearing on Acquisition of Public Utility Easement in Lot 1 & Lot 2 of Meadowlark West Fifth Subdivision (Allen Phase III, LLC) Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: February 12, 2008 Subject: Public Hearing on Acquisition of Public Utility Easement in Lot 1 and Lot 2 of Meadowlark West Fifth Subdivision Item #’s: E-5 & G-23 Presenter(s): Steven P. Riehle, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public utility easement is needed on Lot 1 and Lot 2 of Meadowlark West Fifth Subdivision to accommodate public utilities. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Discussion The new easement will be 26.44 feet wide and will provide a utility easement for extending sanitary sewer. The easement is an extension of an existing easement that will serve the newly changed Lot 2. 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 conduct a Public Hearing and approve acquisition of the Easement. Sample Motion Move to approve the acquisition of the Easement. Item G1 Approving Minutes of January 22, 2008 City Council Regular Meeting Tuesday, February 12, 2008 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 January 22, 2008 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 January 22, 2008. Notice of the meeting was given in The Grand Island Independent on January 16, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Pastor Steve Warriner, Abundant Life Christian Center, 3409 West Faidley Avenue fo llowed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady acknowledged Community Youth Counc il members Zach Shultz and MaKayla Kort. Mentioned was that GITV would be moving to a new location in the basement of City Hall and programming would be interrupted for the next three weeks. Also mentioned was the Council Retreat scheduled for Saturday, January 26, 2008 at the Law Enforcement Center beginning at 8:30 a.m. PRESENTATIONS AND PROCLAMATIONS: Recognition of Ed Maslonka, Planning Technician with the Regional Planning Department for 40 Years of Service with the City. Mayor Hornady and the City Council recognized Ed Maslonka for his 40 years of service as Planning Technician with the Regional Planning Department. Chad Nabity, Regional Planning Director and Tom Barnes, Utility Engineer thanked Mr. Maslonka for his service. Mr. Maslonka was present for the recognition. PUBLIC HEARINGS: Public Hearing on Request from Union Pacific Railroad for a Conditional Use Permit for Two (2) Skid-Mounted Sheds Located at 1219½ West North Front Street. Craig Lewis , Building Department Director reported that the Forrester Group on behalf of Union Pacific Railroad requested a Conditional Use Permit to allow for the continued use of two (2) Skid-Mounted Sheds located at 1219½ West North Front Street. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Utility/Drainage Easement Located at 731 Allen drive in Meadowlark West Third and West Fourth Subdivision (Allen Phase III, LLC). Steve Riehle , Public Works Director reported that a public utility easement was needed on Lot 10 of Meadowlark West Third Subdivision and Lot 15 of Meadowlark West Fourth Subdivision for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities and drainage. Staff recommended approva l. No public testimony was heard. Page 2, City Council Regular Meeting, January 22, 2008 ORDINANCE: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #9157 – Consideration of Vacation of a Drainage Easement Located at 731 Allen Drive in Meadowlark West Third and West Fourth Subdivision (Allen Phase III, LLC) be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Haase second the motion. Upon roll call vote, all voted aye. Motion adopted. Steve Riehle, Public Works Director reported the developer of the property was requesting the existing 60’ wide drainage easement be vacated and the storm sewer relocated to a new easement. Motion by Meyer, second by Haase to approve Ordinances #9157. City Clerk: Ordinance #9157 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9157 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9157 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-5 and G-8 were removed for further discussion. Motion by Zapata, second by Brown to approve the Consent Agenda excluding items G-5 and G- 8. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 8, 2008 City Council Regular Meeting. #2008-14 – Approving Final Plat and Subdivision Agreement for Springdale Second Subdivision. It was noted that Karen Bredthauer, owner had submitted the Final Plat and Subdivision Agreement for Springdale Second Subdivision located on a tract of land comprising all of Outlot “A” Springdale Subdivision, and part of the SE ¼ NE ¼ of Section 23-11-10 consisting of approximately 6.434 acres for the purpose of creating 12 lots, and 1 Outlot. #2008-15 – Approving Purchase of (6) Six Mobile Data Systems and Mobile Digital Video Systems and (1) One Backup Monitor from Data911 Mobile Computer Systems from Chesterfield, Missouri in an Amount of $65,286.66. #2008-16 – Approving Amendment #2 to NPPD/GI Transformer Replacement Agreement for an Extension of the Contract to Expire on December 31, 2020. Page 3, City Council Regular Meeting, January 22, 2008 #2008-18 – Approving Bid Award for Raw Water and Fire Tank Painting at Platte Generating Station with Linder Painting, Inc. of Lincoln Nebraska in an Amount of $59,700.00. #2008-19 – Approving Bid Award for Office, Shop and Locker Room Roof Replacement at Platte Generating Station with Weathercraft Co. of Grand Island, Nebraska in an Amount of $73,021.00. #2008-21 – Approving State Bid Award for (1) 2008 Chevrolet 1/2 Ton 4x4 Pickup for the Solid Waste Division of the Public Works Department with Sid Dillon Chevrolet-Buick-Pontiac of Wahoo, Nebraska in an Amount of $22,755.00. #2008-22 – Approving Nebraska Department of Environmental Quality Recycling Grant for Compost Turner Equipment. #2008-23 – Approving State Bid Award for (1) 2008 Chevrolet 3/4 Ton 4x4 Pickup for the Wastewater Division of the Public Works Department with Sid Dillon Chevrolet-Buick-Pontiac of Wahoo, Nebraska in an Amount of $28,259.77. #2008-24 – Approving Amendment No. 4 to the Agreement for the Project to Widen Capital Avenue with Olsson Associates of Grand Island, Nebraska for an Amount not to exceed $4,400.00. #2008-25 – Approving Acquisition of Public Utility/Drainage Easement Located at 731 Allen Drive in Meadowlark West Third and West Fourth Subdivision (Allen Phase III, LLC). #2008-26 – Approving Lease Agreement with Hall County School District No. 2 for Police Department Substation. #2008-27 – Approving Grant Funding and Related Appropriation for Hike/Bike Trail Construction in an Amount of $374,600.00. #2008-28 – Approving Payment of Bones Trucking of Ottawa, Kansas for Red Diamond Agriline in an Amount of $1,803.94. #2008-29 – Approving Extension of Interlocal Agreement with Hall County for Keno Games to December 31, 2013. #2008-30 – Approving Response to the Nebraska Public Service Commission Regarding Wireless Cost Recovery to Carriers for Phase II E911 Service. #2008-17 – Approving Bid Award for Mercury Control System at Platt Generating Station with SPE-Amerex of Batavia, Illinois in an Amount of $6,262,839.00. Gary Mader, Utilities Director answered questions regarding the difference in material bids between the bidders. Contributing factors could be dead-lines and design differences. Black & Veatch evaluated the bids and found SPE-Amerex to be a reputable contractor. Motion by Nickerson, second by Haase to approve Resolution #2008-17. Upon roll call vote, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, January 22, 2008 #2008-20 – Approving Agreement for Consulting Services Related to the Fleet Services Facility with Nielsen, Mayne Architecture, Inc. of Omaha, Nebraska for a Lump Sum Amount of $27,500.00. Steve Riehle, Public Works Director answered questions regarding the cost of a new building for Fleet Services and whether now was the time to be spending money on another capital project. Mr. Riehle stated the consultant would look at surrounding areas, modifications to the existing building, or a new building to meet the needs of the Fleet Services. Explained were some of the problems with the current building and its size when working on equipment. Motion by Gilbert, second by Ramsey to approve Resolution #2008-20. Upon roll call vote, Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney, Ramsey, Niemann, and Meyer voted aye. Councilmember Gilbert voted no. Motion adopted. REQUEST AND REFERRALS: Approving Referral of the One & Six Year Street Improvement Program to the Regional Planning Commission. Steve Riehle, Public Works Director reported on the process of having the Regional Planning Commission act on the One & Six Year Street Improvement Program and then bring their recommendations to the City Council. The City Council would act on this at their February 12, 2008 Regular meeting. Questioned was the round-a-bouts in the amount of $360,000. Mr. Riehle stated the Regional Planning Commission would review this and make recommendations to the City Council. Motion by Meyer, second by Haase to approve referral of the One & Six Year Street Improvement Program to the Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. Consideration of Request from Union Pacific Railroad for a Conditional Use Permit for Two (2) Skid-Mounted Sheds Located at 1219½ West North Front Street. This item related to the aforementioned Public Hearing. Motion by Haase, second by Brown to approve the request for a Conditional Use Permit. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Brown, second by Zapata to approve the Claims for the period of January 9, 2008 through January 22, 2008, for a total amount of $2,982,292.71. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of January 26, 2008 City Council Special Study Session Retreat Tuesday, February 12, 2008 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 STUDY SESSION (RETREAT) January 26, 2008 Pursuant to due call and notice thereof, a Study Session (Retreat) of the City Council of the City of Grand Island, Nebraska was conducted at the Law Enforcement Center, 111 Public Safety Drive on January 26, 2008. Notice of the meeting was given in the Grand Island Independent on January 18, 2008. Mayor Margaret Hornady called the meeting to order at 8:30 a.m. The following members were present: Counc ilmember’s Nickerson, Gericke, Brown, Gilbert, Haase, Meyer, Niemann, Ramsey, Carney, and Zapata. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, and Assistant to the City Administrator Paul Briseno. INTRODUCTION: Mayor Hornady welcomed the council and gave a brief outline of the day’s activities and purpose. 10 HABITS OF HIGHLY EFFECTIVE COUNCILS: City Administrator Jeff Pederson explained the 10 Habits of Highly Effective Councils as a team building process. Discussion was held on the following 10 Habits: 1. Think and Act Strategically 2. Understand and Demonstrate the Elements of Teams and Teamwork 3. Master Small Group Decision Making 4. Clearly Define Roles and Relationships 5. Establish and Abide by a Council-Staff Partnership 6. Make a Systematic Evaluation of Policy Implementation 7. Allocate Council Time and Energy Appropriately 8. Set Clear Rules and Procedures for Council Meetings 9. Get a Valid Assessment of the Public’s Concerns and an Evaluation of the Council’s Performance 10. Practice Continuous Personal Learning and Development as a Leader Discussion was held concerning the budget process, vision, community input, communication, defined roles and responsibility. ALLIGATOR RIVER STORY: The Council worked in groups of four to review an exercise on beliefs, values and stereotypes. Page 2, City Council Special Study Session (Retreat), January 26, 2008 DISCUSSION TOPICS: What Does Quality of Life Mean for Grand Island and How Do We Maintain or Foster Its Growth? Quality of life issues in Grand Island discussed were: adequate health care, entertainment, safety, educational opportunities, affordable & attainable housing, schools, infrastructure, kids opportunities, jobs, and smoke free community. How Can We Improve Communication Between Councilmember’s and Staff to Build a Team that is Aligned Around Common Goals and Objectives? The following ideas were presented by council: · Council to give direction to staff after Study Session · Council to call staff before council meetings with questions · Weekly update from City Administrator · Keep council informed on union negotiations · Monthly administration report · Defined formal structure for making request and to allow feedback · Better training for new councilmember’s · E-mails from department directors to administrator sent to council · Major issues at staff meetings conveyed to council · Take advantage of technology · GITV very important · Small group briefing meetings on major issues · City councilmember’s as “sounding boards” · Understanding of meeting procedures How Do We Continue to Accomplish Goals, Improve Infrastructure, and Contribute to a Progressive Community with Constraints of the Budget? The following ideas were presented by council: · Match expense growth with revenue growth · Partnerships – look at private sector - resourcefulness · Value understanding “out of sight, out of mind” · Capital Replacement/expansion – plan for infrastructure · Cooperate/collaborate with other government entities · Revitalize government efficiency effectiveness committee – dialogue · Balanced strategic plan process engage public/staff · Continuous improvement ethic – look inside/challenge status quo Page 3, City Council Special Study Session (Retreat), January 26, 2008 LUNCH AND TOUR WITH HALL COUNTY BOARD OF SUPERVISORS AND DEPARTMENT DIRECTORS: The following Hall County Board of Supervisors were present for the Joint City/County Special Study Session: Jim Eriksen, Pam Lancaster, Bud Jeffries, Bob Rye, Daniel Wagoner, Scott Arnold, Bob Humiston, and Marla Conley County Clerk. The following City Department Directors were present: Craig Lewis, Building; Jon Rosenlund, Emergency Management; David Springer, Finance; Jim Rowell, Fire Chief; Brenda Sutherland, Human Resources; Dale Shotkoski, City Attorney; Steve Fosselman, Library; Steve Paustian, Parks and Recreation; Steve Lamken, Police Chief; Steve Riehle, Public Works; Chad Nabity, Regional Planning, and Gary Mader, Utilities. Following lunch, tours of the new Law Enforcement Center were given by Police Chief Steve Lamken and Sheriff Jerry Watson. TOP 3 CHALLENGES/OPPORTUNITIES FOR DEPARTMENTS IN THE NEXT FIVE YEARS: The following Department Directors briefly presented the top three challenges/opportunities for their departments in the next five years: Building Department, Craig Lewis – 1) implantation of software for inspection programs 2) implementation of new license programs 3) property maintenance issues. Comments were made regarding issues of downtown building safety codes, inspections, sprinkler systems and ISO ratings. Emergency Management, Jon Rosenlund – 1) staffing 2) adequate alternate dispatch center 3) future funding for replacement equipment and software. Comments were made regarding Homeland security grants. Finance, David Springer – 1) technological advances 2) provide adequate/affordable health care plan for employees 3) maintain the cities financial strength. Comments were made regarding the upcoming budget, health care costs, investments, meter reading and rate structure. Fire, Jim Rowell – 1) age of infrastructure - vehicles and equipment replacement plan 2) age of citizens within the community 3) age/retention of employees. Comments were made regarding significant structure fires, ISO and services. Human Resources, Brenda Sutherland – 1) labor – planning for turnover due to retirements and regular turnovers 2) labor – salaries and benefits 3) labor – union negotiations. Comments were made regarding retaining/replacing employees. Legal, Dale Shotkoski – 1) labor - union issues 2) labor - internal equity 3) purchasing internal controls. Page 4, City Council Special Study Session (Retreat), January 26, 2008 Library, Steve Fosselman – 1) strengthening the library as a community center 2) additional learning centers within the library 3) costs of running the library. Comments were made regarding a northwest annex, increased database, future of libraries, age of patrons and services to the community. Parks & Recreation, Steve Paustian – 1) acquiring property for future park development 2) redefining and evolution of the recreation division 3) money. Comments were made regarding development of parks through developers. Police, Steve Lamken – 1) police community relations 2) staffing 3) technology. Comments were made regarding services above and beyond the duty required and computers in all police vehicles. Public Works, Steve Riehle – 1) balancing projects and needs for infrastructure while maintaining current infrastructure 2) succession planning 3) manage projects. Comments were made regarding sanitary sewer system deterioration and detention cell maintenance. Regional Planning, Chad Nabity – 1) Broadwell grade crossing 2) staffing 3) sewer and water extensions along South Locust Street. Comments were made regarding TIF funding along South Locust Street. Utilities, Gary Mader – 1) condition of electric utility industries throughout the nation/regulatory requirements, uncertainty of future electric 2) renewable resources 3) water quality. Comments were made regarding coal fired power plants, energy audits, and Parkview Superfund. WRAP UP/GOING FORWARD: Jeff Pederson City Administrator thanked the department directors and council for their input. Mr. Pederson mentioned a pre-budget retreat in the next 6 to 8 weeks. Mayor Hornady thanked those present. ADJOURNMENT: The meeting was adjourned at 4:30 p.m. RaNae Edwards City Clerk Item G3 Approving Appointment of Bruce Eberle to Business Improvement District #5 The Mayor has submitted the name of Bruce Eberle to the Business Improvement District #5 Board to fill the unexpired term of Joan Dellenback. This appointment would become effective immediately upon Council approval and would expire on December 31, 2008. Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Mayor Margaret Hornady City of Grand Island City Council Item G4 #2008-31 - Approving Change Order #1 for Public Safety Drive Paving, Street Improvement Project Number 2006-P-2 Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: February 12, 2008 Subject: Approving Change Order #1 for Public Safety Drive Paving, Street Improvement Project Number 2006-P-2 Item #’s: G-4 Presenter(s): Steven P. Riehle, Public Works Director Background The Starostka Group Unlimited, Inc. was awarded a $249,363.48 contract on May 9, 2006. The contract was for concrete paving and storm sewer for Public Safety Drive between the Law Enforcement Center and the Hall County Correctional Facility. Discussion Water Main Protection- The storm sewer outlet for the project crosses over a 30” water line with only 12 inches of clearance. A number of design changes were made to protect the water line. Footings were constructed on either side of the water main to support the storm sewer. The water main was surrounded by an insulating material to prevent the water main from freezing. The storm sewer pipe was cha nged from Reinforced Concrete Pipe (RCP) to High- Density Polyethylene (HDPE) pipe to reduce the loading on the water line. A saddle and observation pipe was connected to the water line so that the temperature of the water main could be monitored. Change Order Number 1 will cover the cost of concrete footings, rebar, and saddle/pipe where the storm sewer crossed the water main. The insulating material was purchased by the City of Grand Island. The pipe material change was done at no change in price. Pipe Culvert Changes- Rather than install new reinforced concrete for the driveway, the existing slope was relayed. A summary of the costs of Change Order #1 are: · Concrete $250.00/cy x 2 cy $500.00 · Rebar $200.00 · Saddle/Pipe $150.00 · Relay 18" RCP _____ $117.00 Total Cost $967.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order #1 for Public Safety Drive Paving, Street Improvement Project Number 2006-P-2. Sample Motion Move to approve Change Order #1 for Public Safety Drive Paving, Street Improvement Project Number 2006-P-2 in an amount of $967.00. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: December 14, 2007 PROJECT: Public Safety Drive Paving, Street Improvement Project Number 2006-P-2 CONTRACTOR: Starostka Group Unlimited Inc. CONTRACT DATE: May 9, 2006 The storm sewer outlet for the project crosses over a 30" water line with only 12 inches of clearance. Design changes were made to protect the water line. Footings were constructed on either side of the water main to support the storm sewer. The water main was surrounded by an insulating material to prevent the water main from freezing. The storm sewer pipe was changed from Reinforced Concrete Pipe (RCP) to High-Density Polyethylene (HDPE) pipe to reduce the loading on the water line. A saddle and observation pipe was connected to the water line so that the temperature of the water main could be monitored. Rather than install new reinforced concrete pipe for the driveway – the existing slope was relayed. The changes are: · Concrete Footings ($250.00/cy x 2 cy) $500.00 · Rebar $200.00 · Saddle/Pipe $150.00 · Relay 18” RCP $117.00 Total $967.00 The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ......................................................................................$249,363.48 Net Increase/Decrease Resulting from this Change Order ..............................................................$ 967.00 Revised Contract Price Including this Change Order .......................................................................$250,330.48 Approval Recommended: By_______________________________________ Steven P. Riehle, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: Starostka Group Unlimited Inc. _____ By_________________________________ Contractor Margaret Hornady, Mayor By Attest: Marc Starostka, Vice President RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-31 WHEREAS, on May 2, 2006, by Resolution 2006-136, the City Council of the City of Grand Island awarded the Starostka Group Unlimited, Inc., of Grand Island, Nebraska, the bid in the amount of $249,363.48, for Street Improvement Project 2006-P-2 for concrete paving and storm sewer installation between the Law Enforcement Center and the Hall County Correctional Facility; and WHEREAS, it has been determined that modifications to the work to be performed by the Starostka Group Unlimited, Inc. are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, it is recommended that modifications to the work to be done by the Starostka Group Unlimited, Inc. are necessary; and WHEREAS, the result of such modification will increase the contract amount by $967.00 for a revised contract price of $250,330.48. 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 the Starostka Group Unlimited, Inc. of Grand Island, Nebraska to provide the modifications set out as follows: Concrete..................................................................................................................................$500.00 Rebar ......................................................................................................................................$200.00 Saddle/Pipe ..............................................................................................................................$150.00 Relay 18” RCP .........................................................................................................................$117.00 Total:......................................................................................................................................$967.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2008-32 - Approving Certificate of Final Completion for Street Improvement Project Number 2006-P-2, Public Safety Drive Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, City Engineer / Public Works Director Meeting: February 12, 2008 Subject: Approving Certificate of Final Completion for Street Improvement Project No. 2006-P-2, Public Safety Drive Item #’s: G-5 Presenter(s): Steven P. Riehle, Public Works Director Background The Starostka Group Unlimited, Inc. was awarded a $249,363.48 contract on May 9, 2006. The contract was for concrete paving and storm sewer for Public Safety Drive between the Law Enforcement Center and the Hall County Correctional Facility. Work commenced on May 7, 2007 and was completed on January 9, 2008. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans, and the specifications. It was completed at a total cost of $241,539.25, which includes one Change Order in the amount of $967.00. There were no overruns during this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Street Improvement Project No. 2006-P-2. Sample Motion Move to approve the Certificate of Final Completion for Street Improvement Project No. 2006-P-2. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Street Improvement Project No. 2006-P-2 Public Safety Drive Paving CITY OF GRAND ISLAND, NEBRASKA January 9, 2008 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Street Improvement Project No. 2006-P-2 has been fully completed by Starostka Group Unlimited Inc. of Grand Island, Nebraska under the contract dated May 9, 2006. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Street Improvement Project No. 2006-P-2; Public Safety Drive Paving Unit Total Total No. Description Price Unit Quantity Cost 1. Remove & Replace PCC Ditch Liner $ 713.60 Lump Sum 1.00 $ 713.60 2. 24” Flared End Section $ 630.60 Ea. 0.00 $ 0.00 3. 24” RCP Class III $ 47.20 Linear Ft. 897.00 $42,338.40 4. 18” RCP Class IV $ 38.95 Linear Ft. 246.17 $ 9,588.32 5. 15” RCP Class IV $ 29.70 Linear Ft. 259.00 $ 7,692.30 6. 12” RCP Class IV $ 25.90 Linear Ft. 866.00 $22,429.40 7. Standard Junction Box $2,826.45 Ea. 2.00 $ 5,652.90 8. Type “D” Modified Inlet $1,975.46 Ea. 18.00 $35,558.28 9. 18” RC Culvert Pipe $ 43.35 Linear Ft. 0.00 $ 0.00 10. Remove Existing RCP $ 9.90 Linear Ft. 22.00 $ 217.80 11. Remove, Salvage & Re-Install 18” RC FES $ 187.25 Ea. 2.00 $ 374.50 12. Sawcut & Remove PCC Median $ 9.00 Square Yd. 316.00 $ 2,844.00 13. Sawcut & Remove PCC Conc. Surfacing $ 5.75 Square Yd. 381.00 $ 2,190.75 14. Sawcut & Remove PCC Sidewalk $ 0.35 Square Ft. 541.00 $ 189.35 15. 10” PCC Surfacing $ 27.95 Square Yd. 316.20 $ 8,837.79 16. 8” PCC Surfacing $ 27.70 Square Yd. 2,836.40 $78,568.28 17. 6” PCC Surfacing $ 19.70 Square Yd. 472.80 $ 9,314.16 18. 6” PCC Integral Curb $ 7.00 Linear Ft. 1,384.00 $ 9,688.00 19. 4” PCC for Median $ 30.20 Square Yd. 11.60 $ 350.32 20. 4” PCC Sidewalk $ 2.75 Square Ft. 390.00 $ 1,072.50 21. 4” x 60’ Conduit w/ Caps $ 737.90 Ea. 4.00 $ 2,951.60 --------------- Original Project Total $240,572.25 Engineer’s Certificate of Final Completion Page 2 of 2 Street Improvement Project No. 2006-P-2 Public Safety Drive Paving Change Order #1 22. Concrete $ 250.00 Cubic Yd. 2.00 $ 500.00 23. Rebar $ 200.00 $ 200.00 24. Saddle/Pipe $ 150.00 $ 150.00 25. Relay 18” RCP $ 117.00 $ 117.00 ---------------- Change Order #1 Total $ 967.00 _____________________________________________________________________________ TOTAL PROJECT COST FOR 2006-P-2 $241,539.25 I hereby recommend that the Engineer’s Certificate of Final Completion for the Street Improvement Project No. 2006-P-2 be approved. ____________________________________________ ___________________________________ Steven P. Riehle – City Engineer/Public Works Director Margaret Hornady – Mayor Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-32 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Project No. 2006-P-2, Public Safety Drive Paving and Storm Sewer, certifying that the Starostka Group Unlimited, Inc., of Grand Island, Nebraska, under contract, has completed the installation of concrete paving and storm sewer between the Law Enforcement Center and the Hall County Correctional Facility; and WHEREAS, the City Engineer / Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendations of the City Engineer / Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No. 2006-P-2, Public Safety Drive Paving and Storm Sewer, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2008-33 - Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2007 Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: February 12, 2008 Subject: Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2007 Item #’s: G-6 Presenter(s): Steven P. Riehle, Public Works Director Background The City of Grand Island and the Nebraska Department of Roads have an agreement for the maintenance of state highways within the city limits. Maintenance responsibilities for state highways within city limits are defined by state statue. The Nebraska Department of Roads is responsible for the maintenance of the highway lanes through a community and the city is responsible for the maintenance of any highway widening including parking or left turn lanes. Discussion The agreement requires certification that the City completed the maintenance work required by the agreement for the 2007 calendar year. The State performs snow removal on NE Highway 2, US Highway 281, US Highway 34, and a portion of US Highway 30 from the west city limits to Johnstown Road. The City performs snow removal on US Highway 30 from Johnstown Road through town to the east city limits at Shady Bend Road. The City performs the surface maintenance on all state highways within the city limits. The net result of this exchange of services is a payment by the Nebraska Department of Roads to the City of Grand Island in the amount of $36,198.30 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 pass a Resolution authorizing the Mayor to sign the Certificate of Compliance. Sample Motion Move to approve the Certificate of Compliance for Maintenance Agreement No. 12. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-33 WHEREAS, each year the City of Grand Island enters into a maintenance agreement with the State of Nebraska Department of Roads with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, the City has complied with all surface maintenance work for the calendar year 2007 in accordance with the agreement; and WHEREAS, upon receiving the City's Certificate of Compliance, the state will reimburse the City for maintenance work performed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island has complied with the terms of Maintenance Agreement No. 12 for calendar year 2007; and the Mayor is hereby authorized and directed to execute the Certificate of Compliance for such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2008-34 - Approving Bid Award for Sanitary Sewer District No. 96 Replacement, Between Yund & Division Streets, from Plum Street to Vine Street Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: February 12, 2008 Subject: Approving Bid Award for Sanitary Sewer District No. 96 Replacement, Between Yund & Division Streets, from Plum Street to Vine Street Item #’s: G-7 Presenter(s): Steven P. Riehle, Public Works Director Background On January 18, 2008 the Waste Water Treatment Division of the Public Works Department advertised for bids for the replacement of Sanitary Sewer District No. 96, between Yund & Division Street, from Plum Street to Vine Street. This replacement is needed due to the deterioration of the old sewer line that was installed in 1923. Discussion One bid was received and opened on February 5, 2008. The Waste Water Treatment Division of the Public Works Department and the Purchasing Division of the City Attorney's Office reviewed the single bid. The bid of $47,797.23 from The Diamond Engineering Company of Grand Island, Nebraska is under the Engineer's estimate of $50,276.00. Funds are available in account number 53030055-85213. 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 bid award to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $47,797.23. Sample Motion Move to award the bid to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $47,797.23. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: February 5, 2008 at 11:00 a.m. FOR: Sanitary Sewer District No. 96 Replacement DEPARTMENT: Public Works ESTIMATE: $50,276.00 FUND/ACCOUNT: 53030055-85213 PUBLICATION DATE: January 18, 2008 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: The Diamond Engineering Co. Grand Island NE Bid Security: Universal Surety Company Exceptions: None Bid Price: $47,797.23 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Ben Thayer, WWTP Superintendent Roger Scott, WWTP Engineer Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary Jeff Pederson, City Administrator P1224 Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-34 WHEREAS, the City of Grand Island invited sealed bids for Sanitary Sewer District No. 96 Replacement between Yund and Division Streets from Plum Street to Vine Street, according to plans and specifications on file with the Public Works Department; and WHEREAS, on February 5, 2008, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Co. 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 $47,797.23; and WHEREAS, the bid of The Diamond Engineering Co. is less than the estimate for the Sanitary Sewer District No. 96 Replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Co. of Grand Island, Nebraska, in the amount of $47,797.23 for Sanitary Sewer District No. 96 Replacement between Yund and Division Streets from Plum Street to Vine Street is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2008-35 - Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads Tuesday, February 12, 2008 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: February 12, 2008 Subject: Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background Each year the City and the Nebraska Department of Roads enter into an agreement for the maintenance of Highways within the City Limits. The agreement for 2008 has been prepared. The content and scope of the agreement is similar to that of previous years. Discussion The maintenance responsibilities by statute are detailed in Exhibit A of the agreement. Calculations for payments are detailed in Exhibit B. Surface maintenance and snow removal responsibilities from an operational efficiency stand point are detailed in Exhibit C. The net result of this exchange of services for 2008 will be a payment to the City of $36,198.30. 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 pass a Resolution approving Maintenance Agreement No. 12. Sample Motion Move to approve Maintenance Agreement No. 12 for 2008. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-35 WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into Maintenance Agreement No. 12 with the State of Nebraska Department of Roads with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, this agreement requires annual renewal by both parties thereto; and WHEREAS, it is in the best interest of the City of Grand Island to approve Maintenance Agreement No. 12, to be effective January 1, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Maintenance Agreement No. 12 between the City and the State of Nebraska Department of Roads for the term January 1, 2008 through December 31, 2008 is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2008-36 - Approving Acquisition of Utility Easement - 3321 Island Circle - West of Webb Road and South of Hwy. 30 - GIAET, LLC This item relates to the aforementioned Public Hearing Item E-4. Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-36 WHEREAS, a public utility easement is required by the City of Grand Island, from GIAET, LLC, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on February 12, 2008, 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: TRACT NO. 1 The easterly twenty (20.0) feet of Lot Three (3) Lacy Subdivision. TRACT NO. 2 The centerline of a twenty (20.0) foot wide tract being more particularly described as follows: Commencing at the northeast corner of Lot Three (3) Lacy Subdivision; thence southerly along the easterly line of said Lot Three (3), a distance of two hundred sixty one and fourteen hundredths (261.14) feet; thence deflecting right 90°36’21” and running westerly, a distance of twenty (20.0) feet to a point on the westerly line of Tract No. 1, being the actual Point of Beginning of Tract No. 2; thence continuing westerly on the last described course, a distance of one hundred seventy four (174.0) feet. The above-described easement and right-of-way containing a combined total of 0.338 acres, more or less, as shown on the plat dated 1/22/2008, 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 GIAET, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2008-37 - Approving Bid Award for Office, Lab & Maintenance Room Fire Protection - Platte Generating Station Tuesday, February 12, 2008 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: February 12, 2008 Subject: Bid Award - Office, Lab and Maintenance Room Fire Protection – Platte Generating Station Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background The Department’s fire insurance underwriter, FM Global, has recommended the installation of a fire sprinkler system for the office, laboratory, and maintenance room at the Platte Generating Statio n. Plant management reviewed this recommendation and concurred based on its life safety aspect as well as minimizing property damage in the event of a fire. Specifications for the fire sprinkler system were developed by plant staff and approved by FM Global. Discussion The specifications for the Office, Lab and Maintenance Room Fire Protection 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 $80,000.00. Bidder Bid Price Ahern Fire Protection $ 54,189.00 Nebraska Fire Sprinkler $ 41,200.00 The bids were reviewed by plant engineering staff. The bidders took similar exceptions with parts of the specifications regarding fire detection sensors and control panels. These exceptions were determined to be acceptable. Both bidders are 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 Office, Shop and Maintenance Room Fire Protection to Nebraska Fire Sprinkler from Alda, Nebraska, as the low responsive bidder, with the bid price of $41,200.00. Sample Motion Move to approve award of the bid of $41,200.00 from Nebraska Fire Sprinkler for the Office, Shop and Maintenance Room Fire Protection as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 31, 2008 at 11:00 a.m. FOR: Office, Lab and Maintenance Room Fire Protection DEPARTMENT: Utilities ESTIMATE: $80,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: January 18, 2008 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Ahern Fire Protection Nebraska Fire Sprinkler Omaha, NE Alda, NE Bid Security: Continental Casualty Co. Universal Surety Co. Exceptions: Noted Noted Bid Price: $54,189.00 $41,200.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Lynn Mayhew, PGS Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary Jeff Pederson, City Administrator P1223 Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-37 WHEREAS, the City of Grand Island invited sealed bids for Office, Lab and Maintenance Room Fire Protection for the Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on January 31, 2008, bids were received, opened and reviewed; and WHEREAS, Nebraska Fire Sprinkler of Alda, 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 $41,200.00; and WHEREAS, the bid of Nebraska Fire Sprinkler is less than the estimate for Office, Lab and Maintenance Room Fire Protection. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Fire Sprinkler of Alda, Nebraska, in the amount of $41,200.00 for Office, Lab and Maintenance Room Fire Protection is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2008-38 - Approving Confidentiality Agreement for Community Wind Energy Transmission, LLC Tuesday, February 12, 2008 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: February 12, 2008 Subject: Confidentiality Agreement for Community Wind Energy Transmission, LLC Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background Since 1998, Grand Island Utilities has participated in wind power developments in the state. The most recent project, Community Wind Energy Transmission (CWET) is in the early stages of development. The three projects in which the City has participated are summarized below. Spring View Project – was the first utility sized wind generator project in Nebraska. The project was funded by several public power utilities in the state and by a grant from the Electric Power Research Institute. The units operated for about eight years, but were decommissioned last year because of severe and very frequent mechanical failures. The participants are investigating installation of replacement units of newer design. Project size was 1.5 MW. Elkhorn Ridge – is an 80 MW project proposed to be constructed near Bloomfield, in northeast Nebraska. Nebraska Public Power District (NPPD) is the lead agency in this development. In December 2007, the City Council approved a Confidentiality Agreement among the potential project participants and the developer, Midwest Wind Energy LLC, of Genoa, Illinois. Project development and evaluation continue. Community Wind Energy Transmission Project (CWET) – this most recent project, is a 40 MW facility also located near Bloomfield, Nebraska. CWET was originally set up with NPPD as its sole participant. Recently, the NPPD Board decided to open this project for participation by other utilities. Discussion Since the CWET is being built by a private developer, participants are required to maintain confidentiality regarding the project, as with the Elkhorn Ridge project. Initial cost figures for the CWET project estimate a savings of approximately 5% per MWh over the larger 80 MW project. Acceptance of the Confidentiality Agreement allows Grand Island to receive detailed information regarding cost and components and provides the opportunity to participate in the project should it be determined to be economically feasible and come to full development. 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 participation in the State wind power projects be continued and that the Confidentiality Agreement be signed to allow continued involvement in the Community Wind Energy Transmission LLC Project. Sample Motion Move to approve the Confidentiality Agreement to continue involvement in the Community Wind Energy Transmission LLC Project. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-38 WHEREAS, Since 1998, the Grand Island Utilities Department has participated in Wind Turbine Electric Generation Projects to secure the most cost effective form of renewable energy; and WHEREAS, it is in the best interests of the City to continue participation of various renewable energy projects as they develop; and WHEREAS, Community Wind Energy Transmission LLC (CWET) and several Nebraska utilities are investigating the development of a new wind turbine project. WHEREAS, in order to secure the information exchanged, and to comply with the National Electric Reliability Council’s standards prohibiting the disclosure of information that may be used to gain an unfair advantage in electric power markets, it is recommended that a confidentiality agreement be entered into between the parties; and WHEREAS, the confidentiality agreement would authorize NPPD, the City's Utility Department and other participants to disclose to one another as well as their Reliability Coordinator, as required under applicable National Electric Reliability Council reliability standards, real-time power system reliability data for all points; and WHEREAS, the proposed agreement 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 Confidentiality Agreement between the City, other participants, and the Nebraska Public Power District for Electric System Reliability Data is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G12 #2008-39 - Approving Bid Award for Skid Steer Loader for the Water Shop, Utilities Department Tuesday, February 12, 2008 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: February 12, 2008 Subject: Bid Award - Skid Steer Loader – Water Department Item #’s: G-12 Presenter(s): Gary R. Mader, Utilities Director Background A Skid Steer Loader was included in the Water Department capital budget for the current fiscal year. This piece of equipment is very useful for replacing fire hydrants and large line valves and in water main installation and repair; for breaking up concrete paving and sidewalks, backfilling trenches with minimal damage to adjacent properties and cleanup of construction debris. Specifications were prepared and advertised in accordance with City Purchasing Policy, and sent to local suppliers with requests for bids. The bids were publicly opened at 11:00 a.m. on January 29, 2008. Discussion Two bids were received in response to the solicitation, both from local dealers. The bids are tabulated below: Bidder Mfgr/Make/Model Exceptions Bid Including Tax Central NE Bobcat Bobcat 5185 None $47,457.73 Green Line Equipment John Deere 320 Noted $48,536.71 The “as read” low bidder, Central Nebraska Bobcat, took no exceptions to the specifications. Greenline Equipment took exceptions to some of the auxiliary equipment which were minor, and exception to the performance standard of the pavement breaker. The specifications for the pavement breaker stated 1,400 blows-per-minute with a 500 lb. impact force. The Greenline unit provides 1,180 blows-per-minute with a 575 lb. impact, fewer blows but at a higher impact force. That unit is evaluated as meeting the intent of the specifications. Either bid is acceptable to the Department. Alternatives It appears that the Council has the following alt ernatives 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 bid for the Skid Steer Loader be awarded to the lowest compliant bidder, Central Nebraska Bobcat of Grand Island, in the amount of $47,457.73. Sample Motion Move to accept the bid from Central Nebraska Bobcat for the Skid Steer Loader. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 29, 2008 at 11:00 a.m. FOR: Skid Steer Loader DEPARTMENT: Utilities ESTIMATE: $60,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: January 15, 2008 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Central Nebraska Bobcat Green Line Equipment Grand Island NE Grand Island NE Exceptions: None Noted Bid Price: $47,457.73 $48,536.71 Bidder: Fairbanks Grand Island Grand Island NE No Bid cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Pat Gericke, Utilities Admin. Assist. David Goosic, Water Supt. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary Jeff Pederson, City Administrator P1220 Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-39 WHEREAS, the City of Grand Island invited sealed bids for a Skid Steer Loader, according to plans and specifications on file with the Water Division of the Utilities Department; and WHEREAS, on January 29, 2008, bids were received, opened and reviewed; and WHEREAS, Central Nebraska Bobcat 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 $47,457.73; and WHEREAS, the bid of Central Nebraska Bobcat is less than the estimate for the Skid Steer Loader. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Central Nebraska Bobcat of Grand Island, Nebraska in the amount of $47,457.73 for a Skid Steer Loader is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2008-40 - Approving Extension Request for Block Grant 05-CR- 015 Community Revitalization, Phase I Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: February 12, 2008 Subject: CDBG Amendment Request for Community Revitalization, Phase 1 Item #’s: G-13 Presenter(s): Joni Kuzma, Community Development Administrator Background In March 2006, the State of Nebraska Department of Economic Development (DED) awarded a $296,113 Community Development Block Grant to the City of Grand Island. The Community Revitalization was awarded to fund the projects of Owner-Occupied Rehabilitation, Down Payment Assistance for First Time Homebuyers, and Infrastructure improvements in a specified low- to- moderate income neighborhood. The original grant contract was March 2006 to August 31, 2007. In October 2007, Community Development requested an amendment from DED to extend the contract end date to December 31, 2007. The first extension request was based on: 1) communication difficulties with non-English speaking clients and contractors, 2) contractors who were not certified in Lead Safe Work Practices and needed training, and 3) the late date on which the final housing rehab participant was accepted into the program (July 2007). An extension request was granted by DED until December 31, 2007. However, due to the December 1, 2007 resignation of the grant/housing administrator, after a 3-month absence from October 5, 2007 to December 1, 2007, the work was not completed. Discussion Community Development is requesting Council approval for a second extension request that would establish a contract end date of February 29, 2008. Although the City immediately hired a certified housing contractor to finish the 9 rehabilitation projects, there was not sufficient time between December 1 and the contract extension date of December 31 to adequately conduct final inspections and close-out the grant. The housing contractor has provided lead based paint inspection and clearance testing services for each of the properties served by this grant. DED requires Council approval of an extension request in the form of a resolution to accept an amendment request. As of this date, the contracted housing administrator has completed lead clearance testing and final inspections on all of the rehab properties. There are a few Housing Quality Standard issues that will need to be completed on some of the projects prior to the end of February. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for an extension for Community Revitalization Block Grant 05-CR-015 and authorize the Mayor to sign all appropriate documents 2. Disapprove or /Deny the request for an extension for Community Revitalization Block Grant 05-CR-015 3. Table the issue Recommendation City Administration recommends that the Council approve the request for an extension for Community Revitalization Block Grant 05-CR-015 to the Department of Economic Development until February 29, 2008 and authorize the Mayor to sign all appropriate documents. Sample Motion Move to approve the request for an extension for the Community Revitalization Block Grant 05-CR-015 to the Department of Economic Development until February 29, 2008 and authorize the Mayor to sign all appropriate documents. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-40 WHEREAS, in March, 2006, the State of Nebraska Department of Economic Development awarded the City of Grand Island a Community Development Block Grant in the amount of $296,113 for the purpose of community revitalization; and WHEREAS, the contract of the grant expired on December 31, 2007, and completion of some projects have been delayed due to unforeseen circumstances; and WHEREAS, additional time is needed for grant completion and a request to extend the contract from the Department of Economic Development is required; and WHEREAS, Council approval is required in order to submit the amended request to the Department of Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the request for extension of the contract of the grant from the Department of Economic Development is approved and that the Mayor is hereby authorized and directed to execute any related documents on behalf of the City of Grand Island for such grant programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2008-41 - Approving Subordination Agreement for Tony and Kristy Casarez, 610 East 12th Street Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Division Council Meeting: February 12, 2008 Subject: Subordination Request for 610 East 12th Street Item #’s: G-14 Presenter(s): Joni Kuzma, Community Development Administrator Background The City of Grand Island has a Deed of Trust filed on property owned by Tony and Kristy Casarez at 610 East 12th Street in the amount of $24,000.00. On June 10, 1998, Community Development Block Grant funds were loaned to the owners to assist in the rehabilitation of a home in the Owner-occupied rehabilitation program. The address is 610 East 12th Street. The legal description is: Lot Six (6), Block One (1), George Loan’s Subdivision, Grand Island, Hall County, Nebraska The owner is requesting permission from the City to subordinate to a new mortgage amount and accept second position to the first mortgage. Discussion The City’s current Deed of Trust is junior in priority to a Deed of Trust to Equitable Bank in the amount of $52,006.15. The new lien amount would combine the senior Deed of Trust with a second lien through Equitable Bank for $9,893.83 and a third lien through U S Dept of Education for $9,658.71 for a total first mortgage of $65,000.00. By law, the new Deed of Trust would be junior in priority to the City’s lien. However, the new lender has asked the City to subordinate to the new Deed of Trust. The appraised value of the property is $101,000.00 and is sufficient to secure the first mortgage of $65,000.00, and the City’s mortgage of $24,000.00. The loan from the City reduces 10% annually for a period of 10 years. If the owners live at this property for 10 years from the origination date of the Deed of Trust, the lien will be forgiven in full. The Community Development Advisory Committee reviewed subordination documents at their February 7, 2008 regular meeting and have recommended approval of the request. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Subordination Request. 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. Recommendation City Administration recommends that the Council approve the Subordination Request. Sample Motion Move to approve the Subordination Agreement for Tony and Kristy Casarez, 610 East 12th Street placing the City in second position to the new Deed of Trust. SUBORDINATION AGREEMENT NOTICE; THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECUIRTY INSTRUMENT. THIS AGREEMENT, made this 12th day of February, 2008, by Tony J. Casarez and Kristy M. Casarez, husband and wife, owners of the land hereinafter described and hereinafter referred to as “Owner”, and Equitable Bank, present owner and holder of the Deed of Trust and Note first and hereina fter described and hereinafter referred to as “Beneficiary”. WITNESSETH: THAT, WHEREAS, Tony J. Casarez and Kristy M. Casarez, married persons, DID EXECUTE a Deed of Trust dated June 10, 1998, to the City of Grand Island, covering: Lot Six (6), Block One (1), George Loan’s Subdivision, in the City of Grand Island, Nebraska, Hall County, a/k/a 610 E. 12th Street To secure a Note in the sum of $24,000.00 and dated June 10, 1998 in favor of the City of Grand Island, which Deed of Trust was recorded June 12, 1998 as Document No. 98- 105677 in the Official Register of Deeds Office of Hall County; and WHEREAS, Owner has executed, or are about to execute, a Deed of Trust and Note not to exceed the sum of $66,000.00 dated February 14, 2008 in favor of Equitable Bank, hereinafter referred to as “Beneficiary” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, Beneficiary is willing to make said loan, provided the Deed of Trust securing the same is a lien or charge upon the above-described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Beneficiary; and WHEREAS, it is to the mutual benefit of the parties hereto that Beneficiary make such loan to Owners; and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Beneficiary to make the loan above referred to, it is hereby declared, understood, and agreed as follows: 1) That said Deed of Trust securing said Note in favor of Beneficiary, and any renewals of extensions thereof shall unconditionally be and remaining all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. 2) That Beneficiary would not make its loan above described without this Subordination Agreement. 3) That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: 1) He consents to and approves (i) of all provisions of the Note and Deed of Trust in favor of Beneficiary above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Beneficiary for the disbursement of the proceeds of Beneficiary’s loan; 2) Beneficiary in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Beneficiary represented that it will, see to the application of such proceeds by the person or persons to whom Beneficiary disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in who le or in part; 3) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Beneficiary above referred to and understands that in reliance upon, and in consideration of this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and 4) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. ___________________________________ By: ________________________________ STATE OF NEBRASKA) ) ss COUNTY OF HALL ) Sworn and Subscribed to before me this ______ day of ______________, 2008. ___________________________________ Notary Public Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-41 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated June 10, 1998 and recorded on June 12 1998, as Instrument No. 98-105677, in the amount of $24,000.00, secured by property located at 610 East 12th Street and owned by Tony and Kristy Casarez, husband and wife, said property being described as follows: Lot Six (6), Block One (1), George Loan’s Subdivision, in the City of Grand Island, Hall County, Nebraska. WHEREAS, Tony and Kristy Casarez wish to execute a Deed of Trust and Note in the amount of $65,000.00.00 with Equitable Bank, to be secured by the above-described real estate conditioned upon the City subordinating its Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust from Tony and Kristy Casarez, husband and wife, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Equitable Bank, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2008-42 - Approving License Agreement for America's Promise Alliance for Use of Logo Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: February 12, 2008 Subject: License Agreement with America's Promise Item #’s: G-15 Presenter(s): Joni Kuzma, Community Development Administrator Background In 1997, General Colin Powell founded the America's Promise Alliance, the largest youth-focused alliance of corporations, non-profit organizations, foundations, policymakers, advocates and faith-based groups committed to mobilizing all sectors and every interested community across America to improve the well-being of youth. In 2005, America's Promise Alliance and their partners launched a "100 Best Communities for Young People" competition that recognizes local communities for the outstanding and innovative work they are doing to help young people succeed. This recognition is based on the extent to which a community provides opportunities to young people to experience the Five Promises of success. Those promises are 1) caring adults, 2) safe places, 3) a healthy start, 4) an effective education, and 5) opportunities to help others. In November 2007, grant writers from the City of Grand Island, the Grand Island Public School System, and Saint Francis Medical Center completed an application for Grand Island that demonstrated how the communitiy provides elements of the Five Promises to community youth from birth to age 18. The lengthy application was comprised of information collected from a wide variety of community representataives (i.e. government, education, medical, human service, faith-based, business, non-profit entities). Discussion The City received notification on January 18, 2008 that Grand Island was chosen as one of the "100 Best Communities for Young People" in the nation. A media embargo was imposed until January 24, at which time the official announcement was made on The Today Show. One of the many benefits of the award is the opportunity to use the "100 Best" official seal provided by America's Promise Alliance on media announcements, in promotions, and on other appropriate outlets. Information about use of and the actual "100 Best" logo was received on January 22 with instructions from America's Promise that it could be used on all promotions beginning January 24. However, in order for Grand Island to use the 2008 Seal artwork, they had to have a signed copy of the license agreement on file and would not release the artwork without a signed agreement. The City would not have been able to use the seal at the press conference or for marketing purposes until after the February 12, 2008 Council meeting. Based on that fact, the "100 Best" committee, with direction from the City Administrator, submitted a signed agreement to America's Promise to begin promotions the day of the announcement. The Mayor was in Washington D.C. accepting the award so was unable to sign the document. At this time, the committee is requesting permission for the Mayor to sign an updated agreement with Council approval. This was a time-sensitive action that needed to be addressed to fulfill the promotional requirements of this national award. 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 license agreement for use of the "100 Best" Seal of America's Promise and authorize the Mayor to sign the updated agreement. Sample Motion Move to approve the license agreement for use of the "100 Best" Seal of America's Promise and authorize the Mayor to sign an updated agreement. LICENSE AGREEMENT This Agreement is entered into by and between America’s Promise—The Alliance for Youth (“APA”), a Maryland Non-profit Corporation with a place of business at 909 N Washington Street, Suite 400, Alexandria, VA 22314-1556 (hereinafter “Licensor” or “APA”) and __________________________________________________ with a place of business at__________________________________________________ (hereinafter “Licensee”) effective as of the last date written below. WHEREAS Licensor is the Owner of the U.S. Trademark Application Serial No. 78/643138 for the mark 100 BEST COMMUNITIES FOR YOUNG PEOPLE for use in connection with “Arranging and conducting competitions for the purpose of recognizing local communities for innovative and successful work they are doing to help children and youth succeed” (hereinafter the “Mark”) WHEREAS Licensee is qualified to and desires to use the Mark in connection with promoting its selection as one of the 100 BEST for 2008 and wishes to obtain a license for such use of the Mark. NOW, THEREFORE, in consideration of the premises and of the mutual undertakings and obligations of the parties hereinafter set forth, the parties hereto do hereby agree as follows: 1. Grant The APA grants the Licensee a non-exclusive, non-assignable and nontransferable license to use and display the Mark as described under “Use of Mark” below. The Licensee agrees to use the Mark only as set forth in this Agreement. The Licensor will provide the winning community with a version of this Mark, refer to attached sample. Nothing in this Agreement will give the Licensee any right to the Mark beyond the right granted in this Agreement. 2. Use of Mark A. Placement Licensee may display the Mark in transient advertising and solicitations, to include newspaper advertisements, periodicals, billboards, posters, direct mail appeals, flyers and television, in annual reports and letterhead, business cards and decals, or other promotion materials (hereinafter “advertising and solicitations”). Licensee may install the Mark anywhere on their primary World Wide Web site, on web sites and in email (hereinafter “website displays”) provided the Mark clicks to a 100 BEST Communities for Young People section of the AmericasPromise.org website as described below. All uses must be consistent with the intended uses described in this agreement. B. Mark Usage Specifications Upon Licensee’s signing of this Agreement, APA will provide Licensee with a digital version of the Mark as well as specifications for usage for the Licensee to use in non-electronic media. APA will also provide Licensee with access information to digital versions of the Mark for the Licensee to download and install in electronic media. The Licensee may not modify or change the specified PMS Colors used in the Mark as follows: PMS 130/Yellow, PMS 185/Red, and PMS 2735/Blue. The Mark should appear in the four PMS (or PROCESS equivalent) colors specified or Black and White (Greyscale). No other color or tint combinations are acceptable. C. Restrictions The Mark cannot be used in for-profit commercial ventures, such as affinity cards (for example, Visa/Mastercard). Such commercial ventures violate this agreement and can result in the decision to curtail the winning community’s further use of the Mark. The Agreement does not authorize the Licensee to alter the Mark in any way or to use it in a manner which would reflect poorly on APA or the community. The Mark must be used as designed and must include the year in which the LICENSEE was selected as one of the 100 BEST COMMUNITIES FOR YOUNG PEOPLE by APA. APA has the right to void the License Agreement if Licensee is found to have modified or broken-up components within the Mark live area. D. Inspection LICENSEE shall supply LICENSOR with a sample of any advertising and solicitations, and samples of any website display in which the MARK will appear prior to their use and/or distribution to the public. LICENSEE further agrees to supply LICENSOR with samples of any changes in the use or appearance of the MARK in connection with the advertisements or solicitations or website displays already approved by Licensor prior to their use or distribution to the public. LICENSEE acknowledges LICENSOR’s right to review and disallow any and all advertising and/or promotional materials bearing the MARKS before and after publication and distribution. LICENSEE agrees not to use or distribute to the public any proposed advertising and solicitations or website displays bearing the MARK or any previously approved advertising and solicitations or website displays with changes in the use or appearance of the MARK until the LICENSOR approves the advertising and solicitations or website displays. LICENSOR’s approval of the advertising and solicitations or website displays shall be in its reasonable discretion and shall not be unreasonably withheld. 3. Ownership of Marks LICENSEE acknowledges and agrees that the MARK and the goodwill associated therewith are the sole and exclusive property of the LICENSOR and that all use of the MARKS by LICENSEE shall inure to the benefit of and be on behalf of LICENSOR. LICENSEE further acknowledges and agrees that nothing in this Agreement shall give LICENSEE any rights, title, or interest in and to the MARKS other than the right use the MARKS in accordance with this Agreement. LICENSEE will not at any time do, or knowingly permit to be done, any acts or things which would or could affect the validity of the MARKS. 4. Licensee Responsibilities Upon request, Licensee agrees to provide APA with information on where the MARK will appear including the uniform resource locators (URL) where Licensee will display the Mark online. If the URL changes, the Licensee will notify APA of the new URL and of the URL of the web site that will no longer display the logo, if appropriate. 5. APA Responsibilities APA will maintain the technology to ensure that the online Mark clicks to a 100 Best Communities for Young People section of the AmericasPromise.org web site. 6. Term, Suspension and Termination A. Term The license is for a term of five years commencing on the date the license is executed by APA. The term of the License is renewable with the written consent of LICENSOR. B. Suspension and Termination This Agreement and the license may be suspended by APA in its sole discretion if there are substantial questions raised regarding the Licensee’s use of the Mark or the appropriateness of the Mark given previously unanticipated circumstances, particularly as they relate to the well-being of the communities’ youth. APA may terminate this Agreement upon ten days notice if licensee violates any terms of the Agreement, is declared insolvent or bankrupt, or in any way conducts themselves in a manner inconsistent with the objectives of the 100 BEST COMMUNITIES FOR YOUNG PEOPLE and detrimental to the communities’ young. C. Responsibilities upon Suspension and Termination The Licensee agrees to remove the MARK immediately from all electronic media, to discard promptly all materials bearing the MARK, and cease future use of the MARK. 7. Indemnification The Licensee agrees to indemnify and hold APA harmless against any loss, damage or expense, including reasonable attorney’s fees, arising out of any third party claim alleging misuse by Licensee, or of any violation of the terms and conditions of this Agreement. 8. Policing Licensor agrees that it will police infringements of the Licensed Mark that are brought to its attention. Licensee agrees that it will cooperate with Licensor in preventing, enjoining, or prosecuting any infringements of the Licensed Mark. If Licensor elects not to bring action against any alleged infringer of the Licensed Mark, Licensee shall have the right to initiate infringement proceedings at its own expense, in its name and that of the Licensor. Licensor agrees that it will cooperate with Licensee in any such suit, in any reasonable manner requested by Licensee, at Licensee’s expense. 9. Limitation of Liability Licensee agrees that it will not sue APA for monetary damages on any matter concerning this Agreement. 10. Entire Agreement/Modifications This agreement is not valid until countersigned by an authorized representative of APA. APA may modify this Agreement from time to time. APA shall provide written notice of any modification to Licensee and Licensee shall be deemed to have consented to the modification if Licensee continues to use the Mark following receipt of the notice. LICENSEE (Organization): __________________________________________________________________ Name of License Contact: ___________________________________________ Title: ____________________________________________________________ Street Address: ____________________________________________________ __________________________________________________________________ City: __________________________ State______ Zip: _____________ Email: ___________________________________________________________ Website: _________________________________________________________ Phone No.: ______________________ Facsimile No: ____________________ Signature: _______________________________________ Date: __________ America’s Promise—The Alliance for Youth 909 N Washington Street, Suite 400 Alexandria, VA 22314 Name: ___________________________________________________________ Title: ____________________________________________________________ Email: ___________________________________________________________ Phone No.: ______________________ Facsimile No: ____________________ Signature: _______________________________________ Date: __________ Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-42 WHEREAS, in 1997, General Colin Powell founded the America’s Promise Alliance for the purpose of improving the well being of the youth of America; and WHEREAS, In 2005, America’s Promise Alliance and their partners launched a “100 Best Communities for Young People” which recognizes local communities for the outstanding and innovative work being done to help young people succeed; and WHERE, on January 18, 2008, the City of Grand Island received notification that it was chosen as one of the “100 Best Communities for Young People” in the nation; and WHEREAS, as one of the benefits of receiving this award is the opportunity to use the “100 Best” official seal provided by America’s Promise Alliance on media announcements; and WHEREAS, in order to use the “100 Best” official seal, the City of Grand Island is required to enter into a license agreement with America’s Promise Alliance; and WHEREAS, a proposed License Agreement between the City of Grand Island and America’s Promise Alliance authorizing the use of the “100 Best” Seal has been reviewed by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the updated License Agreement by and between the City and Grand Island and America’s Promise Alliance authorizing the use of the “100 Best” Seal is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G16 #2008-43 - Approving Final Plat and Subdivision Agreement for Dinsdale Subdivision Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: February 12, 2008 Subject: Dinsdale Subdivision – Final Plat Item #’s: G-16 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This final plat proposes to create 2 lots on a replat of Lot 1, Hamilton-Kinman Subdivision in the City of Grand Island, and part of an unplatted tract of land in part of the Southeast Quarter (SE1/4) of Section Twenty-four (24), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska. This land consists of approximately 7.002 acres. This property is located on the northwest corner of Stolley Park Road and Webb Road. Discussion The final plat for Dinsdale Subdivision was considered under the Consent Agenda by the Regional Planning Commission at the February 6, 2008 meeting. A motion was made by Snodgrass, and seconded by Bredthauer, to approve the plat as presented. A roll call vote was taken and the motion carried with 10 members present voting in favor (Miller, Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Heineman, Snodgrass). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented Sample Motion Move to approve as recommended. Dinsdale Subdivision Final Plat Summary Developer/Owner Dinsey, L.L.C. 3312 West Stolley Park Road Grand Island, NE 68803 2 Lots north of Stolley Park Road and west Webb Road. Size: 7.002 Acres Zoning M2-Heavy Manufacturing Road Access: Public City Streets, no new streets Water Public: City Water is available to all lots. Sewer Public: City Sewer is available to all lots. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-43 WHEREAS, Dinsey, L.L.C., and the City of Grand Island, as owners, have caused to be laid out an unplatted tract of land in part of the Southeast Quarter SE ¼) of Section Twenty-Four (24), Township eleven (11) North, Range Ten (10) , West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, under the name of DINSDALE SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of DINSDALE SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2008-44 - Approving Change Orders No. 17 with Chief Construction for Law Enforcement Center Tuesday, February 12, 2008 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: February 12, 2008 Subject: Change Order #17, Law Enforcement Center Item #’s: G-17 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 $76,622.00 remaining in contingency funds. Acceptance of change order #17 will reduce the contingency funds by $6,695.55 leaving a new balance of $69,926.45. Discussion Change Order #17 includes three changes in the construction project. The changes have a total cost of $6,695.55. Accepting the changes will leave the contingency funds balance at $69,926.45. The changes requested are: Add a duplex receptacle in the evidence storage area to be used to service a refrigerator used for evidence storage. Cost $91.12. Perform additional work on the HVAC system of the building that was needed to support the auxiliary air conditioning in the IT server room and the radio equipment room.. Cost $3,180.13 Install additional safety equipment on the emergency generator to include an enunciator and an emergency shut off button. Cost $3,424.30 A summary of the costs of Change Order #17 are: Install additional receptacle in Evidence Storage- + $ 91.12 Complete additional HVAC work - + $ 3,180.13 Install additional generator safety equipment - + $ 3,424.30 Total Costs - + $ 6,695.55 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 #17. Sample Motion Move to approve Change Order #17 with Chief Construction for the sum of $6,695.55 for: installing an additional receptacle, performing additional HVAC work, and installing additional safety equipment on the emergency generator. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-44 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 December 18, 2007, by Resolution 2007-319, the City of Grand Island approved Change Order No. 16 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, it is necessary to add a duplex receptacle in the evidence storage area; to perform additional work on the HVAC system of the building; and to install additional safety equipment on the emergency generator to include an enunciator and an emergency shut off button; and WHEREAS, such changes, in the amount of $6,695.55, have been incorporated into Change Order No. 17, and will decrease the contingency fund to $69,926.45. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No.17 for the construction of the Law Enforcement Center to provide the modification set out as follows: Install Additional Receptacle in Evidence Storage……………………………………….$ 91.12 Complete Additional HVAC Work………………………………………………………..$3,180.13 Install Additional Generator Safety Equipment…………………………………………...$3,424.30 Total $6,695.55 Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2008-45 - Approving Change Orders No. 18 with Chief Construction for Law Enforcement Center Tuesday, February 12, 2008 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: February 12, 2008 Subject: Change Order #18, Law Enforcement Center Item #’s: G-18 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 was provided in the contract to allow for needed change orders during the project. To date, there is $69,926.45 remaining in contingency funds. Acceptance of change order #18 will reduce the contingency funds by $45,000 leaving a new balance of $24,926.45. In addition, acceptance of change order #18 will further reduce the total cost of the construction project by assessing $45,000 in late penalties. Acceptance of change order #18 will reduce the cost of the construction project to $7,316,080. Discussion Change Order #18 includes two changes in the construction project. The changes will reduce the cost of the project by $90,000. Accepting the changes will reduce the cost of the construction project to $7,316,080 and reduce the remaining contingency funds to $24,926.45: The contract for the construction project provided for $500 per day for late penalty fees to be assessed if the project was not completed on schedule. The construction project reached substantial completion 136 days late. The project architects and the contractor, Chief Construction provided information regarding the late substantial completion date. Many of the late days can be contributed to contractor or subcontractor delays in construction while other delays could be contributed to delays by either the architects or owners by not providing the contractor timely information or directions. We are recommending the Council assess ninety days of delay against the contractor for a total of $45,000. This has been discussed with Chief Construction and they believe it is a reasonable settlement. The project has reached substantial completion with $69,926.45 remaining in contingency funds. We have determined that we will need some minor changes in the building after moving in and the contractor needs to complete the remaining outside work on the project once weather permits. We are recommending reducing the contingency funds by $45,000 leaving a balance of $24,926.45. We believe the remaining balance will be adequate to cover any future contingencies. Any unspent contingency funds will be deducted from the total cost of the project upon final completion. A summary of the costs of Change Order #17 are: Assessment of Late Penalties - - $45,000.00 Reduction of Contingency Funds - - $45,000.00 Total Reduction in cost of construction - - $90,000.00 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 move to approve Change Order #18. Sample Motion Move to approve Change Order #18 with Chief Construction for the reduction in cost of the project for assessment of $45,000 in late penalties and reduction of the contingency funds by $45,000 for a total reduction in the cost of the construction project of $90,000. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-45 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 February 12, 2008, by Resolution 2008-44, the City of Grand Island approved Change Order No. 17 to add a duplex receptacle in the evidence storage area; to perform additional work on the HVAC system of the building; and to install additional safety equipment on the emergency generator to include an enunciator and an emergency shut off button; and WHEREAS, it is necessary to assess late penalties in the amount of $45,000.00 and reduce contingency funds in the amount of $45,000.00; and WHEREAS, such changes, in the amount of $45,000.00, have been incorporated into Change Order No. 18, and will decrease the contingency fund to $24,926.45. 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.18 for the construction of the Law Enforcement Center to provide the modification set out as follows: Reduction of Contingency Funds……………………………………………………..…$45,000.00 Assessment of Late Penalties……………………………………………………………$45,000.00 Total $90,000.00 Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2008-46 - Approving Substantial Completion of Law Enforcement Center Tuesday, February 12, 2008 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: February 12, 2008 Subject: Substantial Completion, Law Enforcement Center Item #’s: G-19 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. The architects for the project recommend awarding Chief Construction substantial completion on the project as of the date of January 18, 2008. Substantial completion provides for the City to occupy the law enforcement center while some work remains to be done for final completion of the project. Discussion The law enforcement center project architect firm, Wilson Estes Police Architects conducted a substantial completion inspection of the law enforcement center in January of 2008. The architects determined that Chief Construction had completed enough work on the building to recommend that the City grant Substantial Completion to Chief Construction on the date of January 18, 2008. Substantial completion allowed an occupancy permit to be issued and the Police Department and Sheriff's Office to move into the new center and begin operations from the facility. The architects prepared a "punch list" of several pages of items that Chief Construction must either correct or complete on the building. This work must be completed by Chief Construction after the date of substantial completion and before final completion of the project. In addition, the architects identified that a considerable amount of outside work and landscaping needed to be completed and would not be done until spring due to weather conditions. The architects have recommended that the City withhold $293,411 in construction project payments to Chief Construction to cover the costs of the punch list work and remaining outside work that needs to be completed. The $293,411 includes the cost of the work plus retainage. The Police Department and project architects will inspect future work as it is completed for approval and payment with the goal of reaching final completion of the contract by May of 2008. 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 substantial completion of the Law Enforcement Center by Chief Construction as of January 18, 2008.. Sample Motion Move to approve granting substantial completion of the Law Enforcement Center by Chief Construction on January 18, 2008. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-46 WHEREAS, the Chief of Police for the City of Grand Island recommends that a Certificate of Substantial Completion for the Law Enforcement Center be issued, certifying that Chief Construction, of Grand Island, Nebraska, has substantially completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the Chief of Police recommends the acceptance of the certificate of substantial completion; and WHEREAS, the substantial completion date for the Law Enforcement Center was January 18, 2008, and the substantial completion date commences the start of all warranties and guarantees required by the contract documents; and WHEREAS, the final completion date for the Law Enforcement Center is May, 2008. WHEREAS, the Mayor concurs with such recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Substantial Completion for the Law Enforcement Center be issued and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2008-47 - Approving Bid Award Structural Firefighters Protective Clothing Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Council Agenda Memo From: Troy Hughes, Training Division Chief Meeting: February 12, 2008 Subject: Structural Firefighters Protective Clothing Item #’s: G-20 Presenter(s): Fire Chief Jim Rowell Background The Grand Island Fire Department received a federal Fire Act grant to fund replacement of firefighting personal protective clothing. This grant was intended to facilitate the purchase of 56 sets of protective clothing. The clothing specified included 56 coats and 56 pants. The total budget for this clothing is $82,721.00 with the federal share being $74,441.00 and the local or City of Grand Island's share being $8,271.00 or 10%. Bids were received from six vendors: Danko Emergency Equipment - $97,446.16 (numerous exceptions), Municipal Emergency Services, Inc. (MES) - $82,712.00 (no exceptions), Heiman Fire Equipment - $81,200.00 (numerous exceptions), Ed M. Feld Fire Equipment ($78,120.00 (numerous exceptions), FYR-Tek, Inc. - $77,308.00 (numerous exceptions), and FireGuard, Inc. - $76,750.80 (numerous exceptions). Discussion The fire department established a committee to review the bids. The committee consisted of one Division Chief, two Fire Captains, one Firefighter/EMT-P, and one Firefighter/ EMT-B. In reviewing the bids, the committee did not consider the bid from Danko due to the exceptions and the cost being above the engineers estimate. They did not consider the bid from Ed M. Feld Fire Equipment as they bid the same product as FireGuard but at a higher price. They did evaluate the bids from MES, Heiman Fire Equipment, FYR Tek, Inc., and FireGuard, Inc. The committee met with product representatives of each of the four products that were bid. They received sample products from each of the vendors and considered the merits of these products based upon written specifications. Only the bid from MES met all of the written specifications. The committee carefully reviewed the listed exceptions and determined that these exceptions would have a detrimental effect on the life cycle of the product. Therefore, the fire department administration recommends accepting the bid from MES based upon them meeting all bid specifications and the pricing being within the engineers 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 to approve the bid received from MES Sample Motion Move to approve the bid from Municipal Emergency Services of Fremont, NE for $82,712.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 3, 2008 at 11:00 a.m. FOR: Structural Firefighters Protective Clothing DEPARTMENT: Fire ESTIMATE: $82,712.00 Federal Share: $74,441.00 Department Share: $ 8,271.00 FUND/ACCOUNT: 10022101-85548 PUBLICATION DATE: December 8, 2007 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Danko Emergency Equipment Municipal Emergency Service Snyder, NE Fremont, NE Exceptions: Noted None Bid Price: Protective Jackets: $62,238.96 $48,664.00 Pants & Suspenders: 35,207.20 34,048.00 Bidder: Heiman Fire Equipment FYR -Teck, Inc. Ashton, IA Gothenburg, NE Exceptions: Noted Noted Bid Price: Protective Jackets: $48,440.00 $49,156.80 Pants & Suspenders: 32,760.00 28,151.20 Bidder: Fire Guard, Inc. Ed M. Feld Fire Equipment Omaha, NE Carroll, IA Exceptions: Noted Noted Bid Price: Protective Jackets: $44,507.68 $45,360.00 Pants & Suspenders: 32,243.12 32,760.00 cc: Jim Rowell, Fire Chief Troy Hughes, Training Division Chief Chris Hoffman, Fire Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary Jeff Pederson, City Administrator P1215 Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-47 WHEREAS, the City of Grand Island invited sealed bids for Structural Firefighters Protective Clothing, according to plans and specifications on file with the Fire Department; and WHEREAS, on January 3, 2008, bids were received, opened and reviewed; and WHEREAS, Municipal Emergency Services of Fremont, 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 $82,712.00; and WHEREAS, the bid of Municipal Emergency Services is less than the estimate for the Structural Firefighters Protective Clothing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Municipal Emergency Services of Fremont, Nebraska in the amount of $82,712.00 for Structural Firefighters Protective Clothing is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G21 #2008-48 - Approving Agreement for Temporary Construction Occupancy Located at 1010 North Diers Avenue - Shafer Properties, LLC Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Gary Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: February 12, 2008 Subject: Agreement for Temporary Construction Occupancy – 1010 North Diers Avenue - Shafer Properties, LLC Item #’s: G-21 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department will be constructing a water line in the easement at the north side of Lot 4, Crane Valley Fourth Subdivision. This is on the north side of 1010 North Diers Avenue. Nebraska State Law requires that acquisition of property or property right must be approved by City Council. The Utilities Department needs to acquire a construction easement adjacent to the permanent easement. Discussion The construction easement will be a temporary easement that will provide a place to deposit dirt from the water line trench, and directional bore, provide access to the construction area, and provide a location for construction materials while the line is built. The easement will cease to exist upon completion of the construction for Water Main Project 2008-W-4. Cost of the easement will be $1.00 (one dollar). 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 Temporary Agreement for Construction Occupancy between the City of Grand Island, Utilities Department, and Shafer Properties, LLC. Sample Motion Move to approve the Agreement for Temporary Construction Occupancy. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-48 WHEREAS, a temporary construction easement is required by the City of Grand Island, from Shafer Properties, LLC, a Nebraska corporation, to construct Water Main Project 2008-W-4 on such property comprising a part of Lot Four (4), Crane Valley Fourth Subdivision,. in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The southerly twenty (20.0) feet of the northerly thirty (30.0) feet of Lot Four (4), Crane Valley Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska. WHEREAS, top soil will need to be moved from the construction area in preparation of the installation of water mains and appurtenances, and replaced and restored after the construction is complete; and WHEREAS, an Agreement for Temporary Construction Occupancy 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 City of Grand Island be, and hereby is, authorized to enter into an Agreement for Temporary Construction Occupancy with Shafer Properties, LLC, a Nebraska corporation, on the above-described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item G22 #2008-49 - Approving Agreement for Temporary Construction Occupancy Located at 1004 North Diers Avenue - Westgate Properties, LLC Tuesday, February 12, 2008 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: February 12, 2008 Subject: Agreement for Temporary Construction Occupancy – 1004 North Diers Avenue - Westgate Properties, LLC Item #’s: G-22 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department will be constructing a water line in the easement at the north side of Lot 2, Crane Valley Fourth Subdivision. This address is the Westgate Shopping Center, 1004 North Diers Avenue. Nebraska State Law requires that acquisition of property or property right must be approved by City Council. The Utilities Department needs to acquire a construction easement adjacent to the permanent easement. Discussion The construction easement will be a temporary easement that will provide a place to deposit dirt from the water line trench, provide access to the construction area, and provide a location for construction materials while the line is built. The easement will cease to exist upon completion of the construction for Water Main Project 2008-W-4. Cost of the easement will be $1.00 (one dollar). 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 Agreement for Temporary Construction Occupancy between the City of Grand Island, Utilities Department, and Westgate Properties, LLC. Sample Motion Move to approve the Agreement for Construction Occupancy. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-49 WHEREAS, a temporary construction easement is required by the City of Grand Island, from Westgate Properties, LLC, a Nebraska corporation, to construct Water Main Project 2008-W-4 on such property comprising a part of Lot Two (2) Crane Valley Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the Northwest Corner of Lot Four (4) Crane Valley Fourth Subdivision, also being a corner of Lot Two (2) Crane Valley Fourth Subdivision; thence southerly along an Easterly Line of said Lot Two (2), a distance of Twenty (20.0) feet to the actual Point of Beginning; thence continuing Southerly along the Easterly Line of said Lot Two (2), a distance of Ten (10.0) feet; thence Westerly, parallel with the Northerly Line of said Lot Two (2), a distance of One Hundred Forty and Twenty Four Hundredths (140.24) feet; thence Northerly, parallel with the Easterly Line of said Lot Two (2), a distance of Seventy Four and Seventy Seven Hundredths (74.77) Feet to a point on the Southerly Line of a platted easement being Twenty (20.0) feet South of the Northerly Line of said Lot Two; thence Easterly, along the Southerly Line of the said plated easement, a distance of Seventy Five (75.0) feet; thence Southerly, along the westerly line of a platted easement, being twenty (20.0) feet Westerly of an Easterly Line of said Lot Two (2), a distance of Sixty Four and Seventy Seven Hundredths (64.77) feet; thence Easterly, along the Southerly Line of a platted easement, being Twenty (20.0) feet South of the Northerly Line of said Lot Two (2), a distance of Sixty Five and Twenty Four Hundredths (65.24) feet to the said Point of Beginning WHEREAS, top soil will need to be moved from the construction area in preparation of the installation of water mains and appurtenances, and replaced and restored after the construction is complete; and WHEREAS, an Agreement for Temporary Construction Occupancy 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 City of Grand Island be, and hereby is, authorized to enter into an Agreement for Temporary Construction Occupancy with Westgate Properties, LLC, a Nebraska corporation, on the above-described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item G23 #2008-50 - Approving Acquisition of Public Utility Easement Located at 805 Allen Drive and 721 Allen Drive in Lot 1 & Lot 2 of Meadowlark West Fifth Subdivision (Allen Phase III, LLC) This item relates to the aforementioned Public Hearing Item E-5. Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-50 WHEREAS, a public utility easement is required by the City of Grand Island, from Allen Phase III, LLC, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on February 12, 2008, 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: A utility easement located in Lot 1 and Lot 2, Meadowlark West Fifth Subdivision, in the City of Grand Island, Nebraska and more particularly described as follows: Commencing at the Northeast Corner of Lot 2, Meadowlark West Fifth Subdivision; thence on an assumed bearing of N89°57'53"W on the North Line of said Lot 2 a distance of 25.00 feet to the West Line of an existing utility and drainage easement recorded as Instrument Number 200800587, filed January 24, 2008 at Hall County Register of Deeds, said point also being the point of beginning; thence S00°06'10"W on said easement line and parallel with the East line of said Lot 2 a distance of 10.00 feet; thence N89°57'53"W and parallel with the North line of said Lot 2 a distance of 26.44 feet; thence N00°06'10"E and parallel with the East line of said Lot 2 a distance of 10.00 feet to the North line of said Lot 2; thence continuing N00°06'10"E a distance of 85.28 feet to the South line of an existing 20 feet utility easement recorded as Instrument Number 99-105894, filed June 10, 1999 at Hall County Register of Deeds, said utility easement line runs 10 feet South and parallel with the North line of old Lot 10, Meadowlark West Third Subdivision; thence N89°58'30"E on said existing utility easement line a distance of 26.44 feet to the West line of said existing utility and drainage easement recorded as Instrument Number 200800587, filed January 24, 2008 at Hall County Register of Deeds; thence S00°06'10"W on said easement line a distance of 85.31 feet to the point of beginning. Said utility easement tract contains a calculated area of 2,520 square feet or 0.058 acres more or less. 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 Allen Phase III, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item G24 #2008-51 - Approving In-House Repair Center Agreement with Scott Health & Safety Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Council Agenda Memo From: Troy Hughes, Training Division Chief Meeting: February 12, 2008 Subject: Contract with Scott Health and Safety Item #’s: G-24 Presenter(s): Fire Chief Jim Rowell Background The Grand Island Fire Department has operated an in house repair center for the purpose of service and repair work on their self contained breathing apparatus (SCBA) for many years. In 2007 the department was awarded a federal grant to purchase new SCBA. They solicited bids and selected Scott brand SCBA to replace their old units. Changing to a new brand of SCBA requires service and repair training to be conducted in order for Grand Island Fire Department to continue to do in house repair of their SCBA. Approval of this In-House Repair Center Agreement is required by Scott Health and Safety in order to obtain the necessary training and permission to conduct service and repair of their products. Discussion The In-House Repair Center Agreement language has been extensively reviewed by the Fire Department management and City Attorney staff. Changes requested by City legal staff have been implemented into the agreement now before you for approval. Fire Department administration recommends approval; and City legal staff has approved the contract as to form.. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the contract with Scott Health and Safety. Sample Motion Move to approve the In-Ho use Repair Center Agreement with Scott Health and Safety of Monroe, NC. Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-51 WHEREAS, the Grand Island Fire Department operates an in-house repair center for the purpose of service and repair on self contained breathing apparatus (SCBA) equipment; and WHEREAS, in 2007 the Fire Department for the City of Grand Island was awarded a federal grant for the purchase and replacement of SCBA equipment through Scott Health and Safety; and WHEREAS, training is required in order for the Grand Island Fire Department to continue in-house repair of the newly acquired SCBA equipment; and WHEREAS, an agreement by and between Scott Health and Safety and the City of Grand Island is required in order to obtain the necessary training and permission to conduct service and repair of the SCBA equipment. WHEREAS, the contract has been reviewed by the City Attorney’s Office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Agreement by and between Scott Health and Safety and the City of Grand Island for the repair of SCBA equipment for the Fire Department, is hereby approved according to the terms set out in the agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: __________________________________ RaNae Edwards, City Clerk Item I1 #2008-52 - Consideration of One & Six Year Street Improvement Program This item relates to the aforementioned Public Hearing Item E-1. Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-52 WHEREAS, the Regional Planning Commission, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 6, 2008, on the One and Six Year Street Improvement Program for the City of Grand Island; and WHEREAS, at the February 6, 2008 public hearing, the Regional Planning Commission approved the One and Six Year Street Improvement Program 2008-2013, and recommended that such program be approved by the City Council; and WHEREAS, the Grand Island City Council, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 12, 2008, on the One and Six Year Street Improvement Program for the City of Grand Island; and WHEREAS, this Council has determined that the One and Six Year Street Improvement Program as set out in Exhibit "A" should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the One and Six Year Street Improvement Program 2008-2013, based on priorities of needs and calculated to contribute to the orderly development of city streets, and identified as Exhibit "A", is hereby approved and adopted by this Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2008-53 - Consideration of Request from Hy-Vee, Inc. dba Hy- Vee Grand Island #1221, 115 Wilmer Avenue for a Class "C" Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-53 WHEREAS, an application was filed by Hy-Vee, Inc., doing business as Hy-Vee Grand Island #1221 at 115 Wilmer Avenue, Grand Island, Nebraska, for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 2, 2008; such publication cost being $17.78; and WHEREAS, Nicholas Steinbach, 21938 Trailridge Blvd., Elk Horn, Nebraska, has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on February 12, 2008, 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 the application of Nicholas Steinbach, 21938 Trailridge Blvd., Elk Horn, Nebraska, as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2008-54 - Consideration of Request from Hy-Vee, Inc. dba Hy- Vee Gas #1221, 118 Wilmer Avenue for a Class "D" Liquor License This item relates to the aforementioned Public Hearing Item E-3. Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ February 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-54 WHEREAS, an application was filed by Hy-Vee, Inc., doing business as Hy-Vee Gas #1221, at 118 Wilmer Avenue, Grand Island, Nebraska, for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 2, 2008; such publication cost being $17.78; and WHEREAS, Nicholas Steinbach, 21938 Trailridge Blvd., Elk Horn, Nebraska, has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on February 12, 2008, 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 the application of Nicholas Steinbach, 21938 Trailridge Blvd., Elk Horn, Nebraska, as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2008. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item I4 #2008-55 - Consideration of Resolution for Proposed Ballot Measure Banning Smoking Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Jeff Pederson, City Administrator Meeting: February 12, 2008 Subject: Proposed Ballot Measure Banning Smoking Item #’s: I-4 Presenter(s): Jeff Pederson, City Administrator Background Various efforts have taken place in Grand Island for several years. In May of 2005 the Grand Island City Council heard a recommendation from the Health Department for a Smoking Limitation Ordinance, however no formal action has been taken to date to advance a local smoking limitation measure. In February of 2007, the Grand Island City Council adopted Resolution No. 2007-39 in support of LB 395. LB 395 failed to come to a vote in the 2007 Unicameral due to a successful filibuster which prevented a vote on the floor. Councilmember Hasse has requested Council consideration of a Resolution to place a smoking limitation on the spring Primary ballot. The attached Resolution would place a measure on the May 13, 2008 ballot which would essentially be the same ordinance currently in effect in Lincoln. Discussion At issue is whether or not the Unicameral will vote on LB 395 this session, although it is expected that the measure may come up on the floor for debate and vote as early as next week. It is our understanding that the prospect of a filibuster is very low due to a compromise that would delay implementation of the law for one year following signature by the Governor. Through the Primary Election process, Grand Island could put in place a local smoking limitation measure months ahead of when a State law might take effect. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve. 2. Move to deny. 3. Change the referendum date to coincide with the November 4 General Election. 4. Postpone the issue to future date to allow time to determine if the Legislature passes a State-wide ban this Session. 5. Revise the Resolution to duplicate the language of LB 395 rather than the language in the Lincoln Ordinance so as to be consistent with State law should LB 395 pass and become State law. (there are some differences between the Lincoln Ordinance and the language currently in LB 395). 6. Undertake a new process to review LB 395, the Lincoln Ordinance, and other models to determine what the Grand Island smoking limitation measure should consist of. (LB 395 would permit a locally-adopted Ordinance to supersede the new State law. Recommendation City Administration does not have a recommendation on this Resolution. Sample Motion Move to approve one of the six alternatives as stated above. Approved as to Form ¤ ___________ February 8, 2008 ¤ City Attorney R E S O L U T I O N 2008-55 WHEREAS, a request has been made to ban smoking in all businesses, bars, restaurants and public places in Grand Island, Nebraska; and WHEREAS, a model ordinance that may be adopted if a majority of the voters at the next general election approve this ballot measure is available for public inspection at the office of the Grand Island City Clerk; and WHEREAS, the Mayor and City Council of the City of Grand Island wish to place this issue before the voters of the City of Grand Island for their decision at the statewide primary election on May 6, 2008; and WHEREAS, it is recommended that the ballot language set forth below be adopted for such measure to be submitted at the statewide primary election scheduled for May 6, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: (1) Pursuant to Neb. Rev. Stat. §18-2520, in lieu of a separate special election, the following ballot shall be submitted at the statewide primary election on May 6, 2008: (OFFICIAL SAMPLE BALLOT) OFFICIAL MUNICIPAL ELECTION BALLOT CITY OF GRAND ISLAND, NEBRASKA Tuesday, May 6, 2008 Smoking Ban Proposal: Shall the Mayor and City Council of the City of Grand Island, Nebraska, adopt an ordinance which would prohibit smoking in all enclosed public places within the City of Grand Island, and which would further prohibit smoking in all enclosed facilities within places of employment, and which would further prohibit smoking within ten (10) feet outside of an enclosed area where smoking is prohibited? Vote for or against the foregoing proposal. o FOR the proposal o AGAINST the proposal (2) The City Clerk is directed to immediately certify the above issue to the Election Commissioner in the - 2 - manner and form provided in Neb. Rev. Stat. §18-2520. - - - Adopted by the City Council of the City of Grand Island, Nebraska on February 12, 2008. _____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of January 23, 2008 through February 12, 2008 The Claims for the period of January 23, 2008 through February 12, 2008 for a total amount of $3,556,350.63. A MOTION is in order. Tuesday, February 12, 2008 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 December 19, 2007 through February 12, 2008 The Claims for the Library Expansion for the period of December 19, 2007 through February 12, 2008 for the following requisition:. #103 $16,084.25 A motion is in order. Tuesday, February 12, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council