The URL can be used to link to this page

03-11-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, March 11, 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 OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Associate Pastor Alan Davis, Independent Bethel Baptist Church 1223 East 6th Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item E1 Public Hearing on Re-Adopting the City of Grand Island Official Zoning Map Tuesday, March 11, 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: March 11, 2008 Subject: Re-Adoption City of Grand Island Zoning Map Item #’s: E-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning the re-adoption of the City of Grand Island Zoning Map, as produced using the Hall County Geographic Information System as the official zoning map for the City of Grand Island. Discussion At the regular meeting of the Regional Planning Commission, held February 6, 2008, the above item was considered following a public hearing. This map will be used as the official map to show zoning, the Grand Island City Limit Lines and 2 mile extraterritorial jurisdiction incorporating all annexation and zoning actions since this map became official on March 13, 2007. Included below you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. PROPOSAL: On March 13, 2007 the Grand Island City Council approved using a map produced from the Hall County GIS as the official zoning map for the City of Grand Island based on the 2004 Comprehensive Plan for the City of Grand Island with all changes to the map as approved through March 13, 2007. As a matter of course, the City of Grand Island occasionally re-adopts the zoning map incorporating all changes since the last re- adoption of the entire map along with other changes as recommended by staff and the Hall County Regional Planning Commission. This will allow a newly revised and adopted copy of the map to be printed for official use by Council, staff and the general public. This hearing is being held for that purpose. This map will also serve to give notice to all parties that the Grand Island City limits, and 2 mile extraterritorial jurisdiction, is as shown on the map. BACKGROUND: The following chart shows the changes that have been approved by the Regional Planning Commission and the Grand Island City Council since March 13, 2007, including proposed changes through February 28, 2008. Id FILEDATE ORDINANCE CHANGE LEGAL CASE 1 3/27/2007 9110 R2 to R3 Woodland Park C-13- 2007GI 2 5/8/2007 9085 M2 to R4 Frank P. Barks E 7th Street C-16- 2007GI 3 5/8/2007 9116 LLR to B2 Chief Industries on Stolley Park Rd C-15- 2007GI 4 5/22/2007 9119 Amended CD Zone Conestoga Mall (El Toro) C-18- 2006GI 5 7/24/2007 9128 Amended RD Zone Ponderosa Lake Estates C-21- 2007GI 6 7/25/2006 9129 RO to B2 College Park C-23- 2007GI 7 11/27/2007 9150 Amended RD Zone Nottingham Estates C-04- 2008GI The changes shown on this chart are represented on the new version of the Grand Island Zoning map. A map delineating the location of these changes is attached. There were no additions to the City of Grand Island that changed the city limits lines and/or the extraterritorial jurisdiction since the annexation of industrial property and power plant annexation in southeast Grand Island. Those changes were approved on March 13, 2007. All changes to the zoning map for those changes were incorporated on March 13, of 2007. ADDITIONAL CHANGES Staff is recommending that two Commercial Development Zones (Ewoldt Subdivision and Kings Crossing Subdivision) be reverted to their prior zoning classifications due to inactivity at the sites. Commercial Development zones are approved with an initial period of 18 months. If no activity has occurred during that time frame, the Commercial Development zone expires and Planning Commission and Council have to take action to revert the zoning. ANALYSIS Staff is not recommending any changes to the Grand Island Zoning Map other than the reversion of the two CD zones. All of the other changes mentioned herein have been previously approved by the Grand Island City Council after proper notice and hearing. This map serves to notify any, and all, interested parties of the current boundaries of the City of Grand Island, the extents of the extraterritorial jurisdiction for the City of Grand Island and the zoning of property within the jurisdiction of the City of Grand Island. The Kings Crossing Development located south of U.S. Highway 34 and west of South Locust Street (Knot’s Auction House) was rezoned from B2 General Business to CD Commercial Development Zone in accordance with the Gateway Corridor Regulations by Ordinance 9019 on November 22, 2005. No activity has occurred on the site and the subdivision plat was not filed. It is recommended by staff, and required by city code, that this tract of ground in the NE ¼ of the NE ¼ of Section 33, Township 11 north, Range 9 west of the 6th P.M. be rezoned from CD Commercial Development Zone to B2 General Business Zone. The Ewoldt Subdivision, located at the southwest corner of the intersection of U.S. Highway 34 and U.S. Highway 281, was rezoned from TA Transitional Agriculture to CD Commercial Development Zone at the request of Husker Retail Development Group by Ordinance 9035 on March 28, 2006. No activity has occurred on the site. It is recommended by staff, and required by city code, that this tract of ground, all of the Ewoldt Subdivision, be rezoned from CD Commercial Development Zone to TA Transitional Agriculture Zone. RECOMMENDATION: That the Regional Planning Commission recommend that the City Council of Grand Island revert the CD Zones for the Kings Crossing Development and the Ewoldt Subdivision and adopt this map as presented as the official Zoning Map for the City of Grand Island. ____________________ Chad Nabity AICP, Planning Director No members of the public spoke in favor or opposed to the zoning map. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Grand Island Zoning Map as presented 2. Modify the Grand Island Zoning Map to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Ruge, 2nd by Amick, to approve the Grand Island Zoning Map as presented. A roll call vote was taken and the motion passed with 10 members present (Miller, Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Heineman, Snodgrass) voting in favor. Sample Motion Approve the adoption of the Grand Island Zoning Map. Item G1 Receipt of Official Document - Tort Claim Filed by Dianne G. Kelley Tuesday, March 11, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale Shotkoski, City Attorney Meeting: March 11, 2008 Subject: Receipt of Official Document – Tort Claim filed by Dianne G. Kelley Item #’s: G-1 Presenter(s): Dale Shotkoski, City Attorney Background The City of Grand Island has received a Notice of Tort Claim on behalf of Dianne G. Kelley, alleging certain claims in connection with an accident which occurred on May 4, 2007 inside the Fonner Park Exposition and Events Center, Inc. d/b/a Heartland Events Center, 700 East Stolley Park Road. Without getting into issues concerning the City’s and other parties’ liability, and whether the claim of Dianne G. Kelley, is fair and reasonable, we are simply providing a copy of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act. For a person to assert a tort claim against the City of Grand Island, a written notice of the claim must be filed with the City clerk, Secretary or other official responsible for keeping official records. The claim must be filed within one year of the accrual of the claim, and the Council has six months to act on the claim. No suit can be filed until after the Council acts on the claim, or the six months has run. Historically, the City of Grand Island has simply let the six months run. Not all claims result in a suit being filed, so it makes good sense to not act affirmatively in many instances. In any event, if you wish to look further into this claim, please contact the City Administrator’s office or the City Attorney, and we will provide you with the information which we have in connection with the claim. Our recommendation is to continue to take no affirmative action on tort claims. It must be emphasized that by providing copies of alleged claims to you, we are not making an admission or representation that a claim has been properly filed in any respect. We also recommend that no comments concerning a particular claim be made during Council meetings, unless you decide to bring the matter on for formal cons ideration. Even then, we ask that comments be carefully considered so that the legal rights of all parties are preserved. Discussion This is not an item for council action other than to simply acknowledge that the claim has been received. Recommendation City Administration recommends that the Council take no action other than acknowledge receipt of the claim. Sample Motion Motion to approve acknowledgement of the Tort Claim filed by Dianne G. Kelley. Item G2 Approving Minutes of February 26, 2008 City Council Regular Meeting Tuesday, March 11, 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 February 26, 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 February 26, 2008. Notice of the meeting was given in The Grand Island Independent on February 20, 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 Paul Hofrichter, Evangelical Free Church, 2609 South Blaine Street fo llowed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady complimented Public Information Officer Wendy Meyer-Jerke on the presentation given at the Nebraska League of Municipalities Conference today in Lincoln regarding the Community Youth Council. PUBLIC HEARINGS: Public Hearing on Request from AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for an Addition to their Class “I-61118” Liquor License. RaNae Edwards, City Clerk reported that an application had been received from AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for an addition to their Class “I-61118” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 11, 2008; notice to the general public of date, time, and place of hearing published on February 16, 2008; notice to the applicant of date, time, and place of hearing mailed on February 12, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Acquisition of Sanitary Sewer Easement Located in the SE 1/4 of the NE 1/4 of Section 23-11-10 between Springdale Second Subdivision and North Road (Karen J. Bredthauer). Steve Riehle , Public Works Director reported that a sanitary sewer easement was needed in uplatted land in the SE 1/4 of the NE 1/4 of Section 23-11-10 between Springdale Second Subdivision and North Road for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easement. Staff recommended approval. No public testimony was heard. CONSENT AGENDA: Consent agenda item G-4 was pulled from the agenda. Consent item G- 10 was pulled for further discussion. Motion by Zapata, second by Brown to approve the Consent Agenda excluding items G-4 and G-10. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of February 12, 2008 City Council Regular Meeting. Page 2, City Council Regular Meeting, February 26, 2008 Approving Minutes of February 19, 2008 City Council Study Session. #2008-56 – Approving Application and Memorandum of Understanding for Safe Haven: Office on Violence Against Women Grant. #2008-57 – Approving Bid Award for Spent Activated Carbon and Fly Ash Waste Conveying, Storage and Conditioning System for Platte Generating Station with Clyde Bergemann Delta Ducon of Malvern, Pennsylvania. This item was pulled from the agenda at the request of the Utilities Department. #2008-58 – Approving Bid Award for Twelve (12) 115 kV Transformer Bushings with PCore Electric of LeRoy, New York in an Amount of $48,984.60. #2008-59 – Approving Bid Award for Transmission Line Work – Contract #08-PCC-01 with Schmader Electric Construction Co. of West Point, Nebraska in an Amount of $179,642.25. #2008-60 – Approving Tim Luchsinger, Assistant Utilities Director as Alternate Management Committee Representative to the Municipal Energy Agency of Nebraska. #2008-61 – Approving Bid Award for Swimming Pool Chemicals at Island Oasis with Aqua- Chem, Inc. of Bellevue, Nebraska in an Amount of $14.50 per bag for Sodium Bicarbonate; $24.00 per drum for Hydrochloric Acid; $52.25 per bag for Cyanuric Acid; $135.00 per drum for Calcium Hypochlorite; $1.16 per gallon for Sodium Hypochlorite; and $1.25 per gallon for Hydrochloric Acid. #2008-62 – Approving Contract for Soft Drink Services for Aquatic Facilities with Pepsi Bottling Group of Grand Island, Nebraska. #2008-64 – Approving Change Order No. 1 for Re-Alignment of Riverway Trail with The Diamond Engineering Company of Grand Island, Nebraska for an increase of $1,710.00 and a Revised Contract Amount of $341,133.85. #2008-65 – Approving Modification to Golf Pro Contract with Don E. Kruse of Grand Island, Nebraska for the Operation and Management Services for Jackrabbit Run Golf Course. #2008-66 – Approving Bid Award for Purchase of Furnishings for Building 6 Expansion for Waste Water Treatment Plant with Eakes Office Plus of Grand Island, Nebraska in an Amount of $21, 684.00. #2008-67 – Approving Acquisition of Sanitary Sewer Utilities Easement in Springdale Second Subdivision (Karen J. Bredthauer). #2008-68 – Approving Designating No Parking Zones for Westbound US Highway 30 (2nd Street) Detour. Page 3, City Council Regular Meeting, February 26, 2008 #2008-69 – Approving Amendment to Resolution #2008-47 Regarding Structural Firefighters Protective Clothing with Municipal Emergency Services, Inc. of Fremont, Nebraska for a Decreased Amount of $956.00 and a Revised Purchase Price of $81,756.00. #2008-70 – Approving Demonstration Grant Contract with Nebraska Children and Families Foundation. #2008-71 – Approving Continuation Grant Contract with Nebraska Children and Families Foundation. #2008-72 – Approving Designating 415 East 9th Street as Surplus Property and Directing Method of Disposal. #2008-73 – Approving Mid-Continent Area Power Pool (MAPP) CEII Non-Disclosure Agreement – Utilities Department. #2008-63 – Approving Policies and Procedures for Use of Parks & Recreation Facilities. Steve Paustian, Parks & Recreation Director reported a usage policy had been drafted that would allow the Park and Recreation Department control over the use of recreational facilities. Mark Galvin, 584 East 20th Street and Jan Sorenson, 312 West 17th Street spoke in support. Discussion was held by the council on use of the fields, scheduling, and concession revenue. Motion by Gilbert, second by Carney to approve Resolution #2008-63. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request from Ray and Dianne Stahla to Amend the Park Plan for Stahla Mobile Park Located in the 2200 Block of South Engleman Road. Craig Lewis, Building Department Director reported that a request had been made by Ray and Dianne Stahla to amend their Park Plan for Stahla Mobile Park to modify two existing manufactured home sites on Lots 50 and 61. Lot 50 would be modified to allow for one additional recreation vehicle and Lot 61 would create one new recreational vehicle space. City Administration recommended approval with the condition that the required parking pad be completed by April 15, 2008. Motion by Gilbert, second by Ramsey to approve the request from Ray and Dianne Stahla to amend the Park Plan for Stahla Mobile Park with the condition that the required parking pad be completed by April 15, 2008. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2008-74 – Consideration of Request from AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for an Addition to their Class “I-61118” Liquor License. This item related to the aforementioned Public Hearing. Motion by Haase, second by Brown to approve Resolution #2008-74 contingent upon final inspections. Upon roll call, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, February 26, 2008 #2008-75 – Consideration of Economic Development Incentive Agreement with Hastings Foods, LLC. Marlan Ferguson, Economic Development Corporation (EDC) President reported that Hastings Foods, LLC had submitted an application for EDC incentives that would create 35 new full time employee (FTE) positions at $2,000 per job for a maximum assistance or $70,000. Hastings Foods intends to expand its current facility in Hastings, Nebraska to the Grand Island area. It is a meat processing plant that custom produces products primarily for export to Japan. They have entered into a (10) year lease for a building being built at 3321 Island Circle in Grand Island. Gary Deal, owner spoke in support. Motion by Haase, second by Gilbert to approve Resolution #2008-75. Upon roll call vote, all voted aye. Motion adopted. #2008-76 – Consideration of Economic Development Incentive Agreement with Nova-Tech, Inc. Marlan Ferguson, Economic Development Corporation (EDC) President reported that Nova- Tech, Inc. had submitted an application for EDC incentives that would create 30 new full time employee (FTE) positions at $2,000 per job for a maximum assistance or $60,000 and $100,000 to offset infrastructure costs related to a new manufacturing corporate headquarters. Nova-Tech, Inc. intends to expand their FDA Registered Device manufacturing facility which began as an animal blood collection and sterile serum facility. In 2000 they added the FDA Drug registration and are now focused on the aseptic fill of large volume and small volume sterile injectables, specifically fluids, minerals and vitamin products custom manufactured for Animal Health Distributors. Gloria Thesanvitz, owner spoke in support. Kevin Prior representing Olsson Associates presented a PowerPoint explaining the background of Nova-Tech. Motion by Haase, second by Gericke to approve Resolution #2008-76. Upon roll call vote, all voted aye. Motion adopted. #2008-77 – Consideration of Resolution of Intent to Finance Mercury Emissions Control Project at Platte Generating Station. This item was pulled from the agenda at the request of the Utilities Department. #2008-78 – Consideration of Resolution of Intent to Issue Tax-Exempt Industrial Development Revenue Bonds for Microgy Grand Island, LLC. David Springer, Finance Director reported that the growth in production and processing over the last four years at the Swift & Company plant has put a strain on the City’s Waste Water Treatment Plant (WWTP). The proposed Microgy facility, together with an additional holding pond, currently under construction at Swift, were intended to help reduce the flow and the solids content to the WWTP and provide an environmental friendly generation of biogas to be used in their facility. The Microgy facility meets the criteria for the issuance of Industrial Development Revenue Bonds. These would be limited obligations of the City payable solely from payments made by the Company under a lease agreement with the City and would not constitute a liability to the City, nor would they be payable from any tax source. Page 5, City Council Regular Meeting, February 26, 2008 Motion by Carney, second by Gericke to approve Resolution #2008-78. Upon roll call vote, all voted aye. Motion adopted. #2008-79 – Consideration of Model Ordinance for Smoking Ban. Dale Shotkoski, City Attorney reported that Council approved Resolution 2008-55 at their February 12, 2008 meeting to put on the ballot at the May Primary the issue of a Smoking Ban. This item was a model ordinance based upon the language used in the Lincoln Smoking Ban Ordinance. The following people spoke regarding the smoking ban: · Curtis Cellar, 4258 Nevada Avenue requested council wait until 2009 · Richard Fruehling, 3604 South Blaine spoke in support · Ron King, 2615 West Charles requested council wait until 2009 · Richelle Cellar, 4258 Nevada Avenue spoke of concerns about Fonner Park being exempt · Todd Carpenter, 2703 West 2nd Street requested council wait until 2009 · Teresa Anderson, Central District Health Department updated council on the background of the smoking ban Motion by Haase, second by Gilbert to approve Resolution #2008-79. Upon roll call vote, Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, and Niemann voted aye. Councilmember Meyer voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of February 13, 2008 through February 26, 2008, for a total amount of $2,725,858.51. Motion adopted unanimously. EXECUTIVE SESSION: Motion by Meyer, second by Gericke to adjourn to Executive Session for the purpose of an update on FOP Union Contract Negotiations and IAFF pending litigation at 8:35 p.m. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Meyer, second by Brown to return to regular session at 10:10 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of March 3, 2008 City Council Special Meeting Tuesday, March 11, 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 MEETING March 3, 2008 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on Monday, March 3, 2008. Notice of the meeting was given in The Grand Island Independent on February 28, 2008. Mayor Margaret Hornady called the meeting to order at 8:00 a.m. The following Councilmember’s were present: 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, and City Attorney Dale Shotkoski. PLEDGE OF ALLEGIANCE was said. ORDINANCE: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9158 – Consideration of a Smoking Ban Ordinance 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, Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, and Niemann voted aye. Councilmember Meyer voted no. Motion adopted. Motion by Haase, second by Brown to approve Ordinance #9158. Scott Dugan, 4059 Indianhead Drive spoke in support of the smoking ban, but was concerned about the timing and government control of passing this Ordinance now instead of waiting until next year when the state statute would take effect. Motion by Carney, second by Nickerson to amend the main motion that the definition of a “Public Place” shown in paragraph 39.3, in Section 1 of Ordinance #9158 be amended by deleting the words, “… and shall also include a ten (10) foot arc by every entrance and exit from a public place”. Discussion was held concerning the 10’ arc. Ryan King representing the Health Department commented on the 10’ arc and enforcement. The Health Department and Police Department would work together on enforcement. Mr. King commented there would need to be education on the part of the Health Department. Police Chief Steve Lamken commented this would be an enforcement issue for the Police Department because of the additional demand. Enforcement of the 10’ arc was discussed; Chief Lamken stated they would use a common sense approach to enforce the 10’ arc. Prosecution would be done by the City Attorney until June 1, 2009. Page 2, City Council Special Meeting, March 3, 2008 Discussion was held concerning enforcement, penalties, and the 10 foot arc. Upon roll call vote on the amendment, Councilmember’s Myer, Carney, Gericke, Nickerson, and Zapata voted aye. Councilmember’s Niemann, Ramsey, Gilbert, Haase, and Brown voted no. Mayor Hornady voted aye to break the tie . Motion adopted. Motion by Carney, second by Niemann to amend the motion that Section 3 of Ordinance #9158 be amended to show an effective date of August 1, 2008. Discussion was held concerning owners ability to comply with the smoking ban by June 1, 2008. Upon roll call vote, Councilmember’s Nie mann, Carney, Gericke, and Zapata voted aye. Councilmember’s Meyer, Ramsey, Gilbert, Nickerson, Haase, and Brown voted no. Motion failed. City Clerk: Ordinance #9158 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Brown, Haase, Zapata, Gericke, Carney, Gilbert, Ramsey, and Niemann voted aye. Councilmember’s Nickerson and Meyer voted no. Motion adopted. City Clerk: Ordinance #9158 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Brown, Haase, Zapata, Gericke, Carney, Gilbert, Ramsey, and Niemann voted aye. Councilmember’s Nickerson and Meyer voted no. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9158 is declared to be lawfully adopted upon publication as required by law. RESOLUTION: #2008-80 – Consideration of Rescinding Resolution #2008-55 Relative to the Ballot Issue for a Smoking Ban. Motion by Haase, second by Brown to approve Resolution #2008-80. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:05 a.m. RaNae Edwards City Clerk Item G4 #2008-81 - Approving Final Plat and Subdivision Agreement for Copper Estates Second Subdivision Tuesday, March 11, 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: March 11, 2008 Subject: Copper Creek Estates Second Subdivision – Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This final plat proposes to add 2 feet to the back of 7 lots Copper Creek Subdivision in the City of Grand Island, Hall County, Nebraska. This land consists of approximately 1.167 acres. This will not negatively impact future development within the subdivision. This property is located south of Indian Grass Drive and west of Cherokee Avenue. Discussion The final plat for Copper Creek Estates Second Subdivision was considered under the Consent Agenda by the Regional Planning Commission at the March 5, 2008 meeting. A motion was made by Ruge, and seconded by Reynolds, to approve the plat as presented. A roll call vote was taken and the motion carried with members present voting in favor (Miller, Amick, O’Neill, Ruge, Reynolds, Monter, Haskins, Bredthauer, 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. Copper Creek Second Subdivision Final Plat Summary Developer/Owner Copper Creek Estates – Grand Island LLC William C. Baker Manager. 1233 N Webb Road Grand Island, NE 68803 7 Lots and 1 outlot south of Indian Grass Road and west Cherokee Avenue. Size: 1.167Acres Zoning R2-Low Density Residential. 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 ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-81 WHEREAS, Copper Creek Estates – Grand Island, L.L.C. f/k/a Copper Creek Estates, L.L.C., a Nebraska Limited Liability Company, as owner, has caused to be laid out into lots, a tract of land comprising all of Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) and Outlot “A”, in Copper Creek Estates Subdivision and a part of the East Half of the Northwest Quarter (E½ NW¼) of Section Twenty Three (23), 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 COPPER CREEK ESTATES SECOND 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 COPPER CREEK ESTATES SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2008-82 - Approving Final Plat and Subdivision Agreement for Spencer Acres Subdivision Tuesday, March 11, 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: March 11, 2008 Subject: Spencer Acres Subdivision – Final Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This final plat proposes to create 2 lots between Ravenwood Subdivision and Hidden Lakes Subdivision. One lot is slightly more than 3 acres in size and the other is approximately 7 acres. City Sewer and Water are not available to these lots. They exceed the minimum size for well and septic systems. Both lots front onto existing public right- of-way. The property is zoned LLR Large Lot Residential and would permit 20,000 square foot lots. This land consists of approximately 10.135 acres. This property is located on the west Gunbarrel Road with Pheasant Drive on the north and the south. Discussion The final plat for Spencer Acres Subdivision was considered under the Consent Agenda by the Regional Planning Commission at the March 5, 2008 meeting. A motion was made by Haskins, and seconded by Bredthauer, to approve the plat as presented. A roll call vote was taken and the motion carried with members present voting in favor (Miller, Amick, O’Neill, Ruge, Reynolds, Monter, Haskins, Bredthauer, 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. Spencer Acres Subdivision Final Plat Summary Developer/Owner Mitchell S. and Susan R. Spencer 436 Pheasant Drive Grand Island, NE 68801 2 Lots west of Gunbarrel Road between Pheasant Drive on the north and south. Size: 10.135 Acres Zoning LLR-Low Density Residential. Road Access: Public City Streets, no new streets Water Public: City Water is not available to all lots. Sewer Public: City Sewer is not available to all lots. Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-82 WHEREAS, Mitchell S. Spencer and Susan R. Spencer, husband and wife, as owners, have caused to be laid out into lots, a tract of land comprising a part of the South Half of the Northeast Quarter of the Southeast Quarter (S½NE¼SE¼) of Section Thirteen (13), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, under the name of SPENCER ACRES 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 owners 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 SPENCER ACRES 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, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2008-83 - Approving Interlocal Agreement with the Community Redevelopment Authority for Quiet Zone Improvements Tuesday, March 11, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: March 11, 2008 Subject: Interlocal Agreement with CRA relative Quiet Zone Improvements Item #’s: G-6 Presenter(s): Chad Nabity, AICP Background In January of 2008 the Grand Island City Council approved amendments to the redevelopment plans for CRA Areas #1, #4 and #6 relative to quiet zone improvements. The amendments would permit the CRA to enter into an agreement with the City to participate in the funding of the quiet zone project in those areas. The attached agreement formalizes that commitment and allows the CRA to make payment to the City for a share of the improvements. Discussion The noise from trains on the Union Pacific Rail Line through the center of town has been identified as a condition of blight in CRA areas #1, #4 and #6. The Grand Island City Council and the CRA have researched alternatives to reduce train noise along this corridor. Quiet zones created through a combination of raised medians and wayside horns appears to be the most economical method of reducing train noise. The CRA has agreed to participate with the City in paying for the necessary improvements. The CRA approved an interlocal agreement with the City at their February 2008 meeting. If the City Council agrees, the CRA will set funds aside to pay for a portion of the improvements during the 2008 and 2009 fiscal years. The attached agreement was drafted by the City Attorney and reviewed by the attorney for the CRA. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the interlocal agreement 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the interlocal agreement with the CRA as presented. Sample Motion Move to approve the interlocal agreement with the CRA as presented. Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-83 WHEREAS, on January 8, 2008, by Resolution 2008-2, the Grand Island City Council approved amendments to the redevelopment plans for Community Redevelopment Authority (CRA) Areas #1, #4 and #6 relative to quiet zone improvements; and WHEREAS, the amendments will permit the CRA to enter into an agreement with the City to participate in the funding of the quiet zone project in these areas; and WHEREAS, the CRA approved an interlocal agreement with the City of Grand Island at their February 13, 2008 meeting, and will set aside funds to pay for a portion of the improvements during the 2008 and 2009 fiscal years; and WHEREAS, the proposed interlocal 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 Interlocal Cooperative Agreement by and between the Community Redevelopment Authority (CRA) and the City of Grand Island, 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 Interlocal Cooperative Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: __________________________________ RaNae Edwards, City Clerk Item G7 #2008-84 - Approving Bid Award for Water Main Project 2008-W- 4 (Crane Valley 4th Subdivision) Tuesday, March 11, 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: March 11, 2008 Subject: Bid Award – Water Main Project 2008-W-4 Crane Valley 4th Subdivision Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background The Crane Valley Subdivision is part of the retail – restaurant area located west of Hwy. 281, between Faidley Avenue and 13th Street. It is one of the fastest developing areas within the City. There are fifteen commercial buildings, many with multiple businesses located within the area. Most of these businesses are supplied from a single radial water main in Diers Avenue. The referenced project will install a new water main tie between the main in Diers Avenue and the water main which supplies the K-Mart Shopping Center. The new main will run within existing easements beneath the concrete parking and retail unloading areas. This will be done by using the horizontal directional drilling (HDD) method of installation. This process allows the infrastructure to be installed with minimal disruption in the area. The project will thereby provide the needed back-up and reliability for water supply, while minimizing inconvenience to the public during construction. Discussion The bid package was submitted to six potential contractors. Bids were publicly opened at 11:00 a.m. on February 21, 2008, in accordance with City Procurement Codes. Two bids were received and have been reviewed, evaluated, and are tabulated below. Bidder Exceptions Amount Completion Diamond Engineering Co. Grand Island, NE None $55,499.71 150 days General Excavating Lincoln, NE None $69,483.40 6/27/2008 The low bid from Diamond Engineering Company is below the total project estimate of $69,000; is complete, without exceptions, and meets all City contract requirements. 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 Water Main Project 2008-W-4 to the low responsive bidder, Diamond Engineering Company, of Grand Island, in the amount of $55,499.71. Sample Motion Move to approve the contract for Water Main Project 2008-W-4 to Diamond Engineering of Grand Island, Nebraska. 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 21, 2008 at 11:00 a.m. FOR: Water Main Project 2008-W-4 DEPARTMENT: Utilities ESTIMATE: $69,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: February 8, 2008 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Diamond Engineering Co. General Excavating Grand Island NE Lincoln, NE Bid Security: Universal Surety Co. Universal Surety Co. Exceptions: None None Bid Price: $55,499.71 $69,483.40 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Tom Barnes, Utilities Eng. Mgr. Pat Gericke, Utilities Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary Jeff Pederson, City Administrator P1230 Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-84 WHEREAS, the City of Grand Island invited sealed bids for Water Main Project 2008-W- 4 (Crane Valley 4th Subdivision), according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 21, 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 $55,499.71; and WHEREAS, the bid of the Diamond Engineering Co. is less than the estimate for Water Main Project 2008-W-4 (Crane Valley 4th Subdivision). 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 $55,499.71 for Water Main Project 2008-W-4 (Crane Valley 4th Subdivision) is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2008-85 - Approving Certificate of Final Completion and Setting BOE Meeting Date for Water Main District 455 - Park-View Area Tuesday, March 11, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: March 11, 2008 Subject: Water Main District 455, Park-View Subdivision Area Certificate of Final Completion; Board of Equalization Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background The Park-View area initially developed over 75 years ago and at the time of development was not within the City Limits. Private domestic household wells were used for water supply at the time and have served that entire area until recently. In 2001, groundwater contamination was discovered in the area aquifer as a part of the Water Department’s routine water testing for the Grand Island Municipal system. That discovery led to extensive additional testing by Grand Island, the Nebraska Department of Environmental Quality and the Environmental Protection Agency; and ultimately, designation of the Parkview Superfund Site by EPA. As a result of the contamination, many of the private wells in the area are no longer suitable for use for drinking water supply without purification equipment use, and others are in jeopardy as the contamination spreads in the aquifer. In response to the contamination problems, the city created Water Main District 454 to facilitate extension of the municipal water system throughout the subdivision. That initial district was protested out by the area residents. After the failure of District 454, a number of area residents again petitioned the City to create a Water Main District. This request was for a smaller area, serving a portion of the subdivision where the interest in having a municipal water system extension was more prevalent. That district, District 455, was created as laid out by the petitioners and successfully passed the protest period. Installation of the City water mains to serve District 455 was completed during the 2007 construction season. That extension is now fully operational and has been incorporated into the municipal system. A map of District 455 is attached for reference. Discussion The construction of the district was done using the “Assessment District” administrative process. This is the standard method used by the City to recoup costs when water mains are installed in developed areas, at the request of the property owners. The total project cost was $268,664.74. Of that total, the assessment amount chargeable to the district is $260,064.64. The City’s expense is the remaining $8,600.10 for engineering cost over the standard 10%. This cost is associated with additional construction oversight required to complete the work as specified. There are 40 single family homes and one vacant lot within the district’s boundaries. The proposed assessments are based on equal benefit and value of service to each property. Each residential property would be assessed an equal portion of the total assessment amount or $6,343.04 assessed to each of the 41 newly served properties. The Water Department will finance the assessment costs for five years. The assessment payment schedule may be set up with five annual installments at 7% simple interest on the outstanding balance. The interest rate is set by state statute. The first payment is due 50 days after the Council sets the assessments at the Board of Equalization (BOE) Hearing. Attached for referenc e are copies of the district’s costs, ownership records, and calculated assessments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve assessments as proposed 2. Refer the issue to a Committee for further study 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the Certificate of Final Completion, and set the date for the Board of Equalization to determine benefits for the properties within the boundaries of Water Main District 455. Sample Motion Move to approve the Certificate of Final Completion and set the date for the Board of Equalization for April 22, 2008 to determine benefits for the properties within the boundaries of Water Main District 455. CITY OF GRAND ISLAND, NEBRASKA - UTILITIES DEPARTMENTWater Main District 455 - Park-View Sub. AreaDISTRICTQUANTITIES TOTAL AMT ASSESSABLE CITYITEM UNIT DESCRIPTION BID UNIT $ PLACED COMPLETED $ AMOUNT $ AMOUNT $C. 1.01 8" D.I. Pipe, (S.J.) Trenched Installation 44.05 1,830.00 LF 80,611.50 80,611.50 0.00C. 1.02 8" D.I. Pipe, (S.J.) Trenchless Installation 87.40 734.00 LF 64,151.60 64,151.60 0.00C. 1.03 6" D.I. Pipe, (S.J.) Trenched Installation 41.40 15.00 LF 621.00 621.00 0.00C. 1.04 8" Nitrile Gaskets (S.J.) 15.20 47.00 LF 714.40 714.40 0.00C. 1.05 8" Nitrile Gaskets (M.J.) 14.75 12.00 LF 177.00 177.00 0.00C. 1.06 6" Nitrile Gaskets (M.J.) 10.55 12.00 EA 126.60 126.60 0.00C. 1.07 12"X 8" Reducer (M.J.) 186.00 1.00 EA 186.00 186.00 0.00C. 1.08 10"X10"X 8" Tapping Sleeve 1,415.00 1.00 EA 1,415.00 1,415.00 0.00C. 1.09 8"X 8"X 6" Tee (M.J.) 210.00 5.00 EA 1,050.00 1,050.00 0.00C. 1.10 8"X 6" Reducer (M.J.) 122.00 1.00 EA 122.00 122.00 0.00C. 1.11 8"X 45° Ell (M.J.)258.00 2.00 EA 516.00 516.00 0.00C. 1.12 8"X 22-1/2º Ell (M.J.) 149.00 2.00 EA 298.00 298.00 0.00C. 1.13 8" Cap (M.J.) W/ 2" Tap 83.05 1.00 EA 83.05 83.05 0.00C. 1.14 8" Retainer Gland56.45 0.00 EA 0.00 0.00 0.00C. 1.15 6"X 90º Ell (M.J.)120.00 1.00 EA 120.00 120.00 0.00C. 1.16 6"X 45º Ell (M.J.)195.00 0.00 EA 0.00 0.00 0.00C. 1.17 8" RS Gate Tapping Valve 1,104.00 1.00 EA 1,104.00 1,104.00 0.00C. 1.18 8" RS Gate Valve 891.00 3.00 EA 2,673.00 2,673.00 0.00C. 1.19 Valve Box186.00 4.00 EA 744.00 744.00 0.00C. 1.20 Fire Hydrant Assembly Complete 1,557.00 5.00 EA 7,785.00 7,785.00 0.00C. 1.21 Fire Hydrant (Only) 1,846.00 1.00 EA 1,846.00 1,846.00 0.00C. 1.22 8 Mil Polyethylene Pipe Wrap 0.55 2,710.00 EA 1,490.50 1,490.50 0.00C. 1.23 Thrust Block33.75 12.00 EA 405.00 405.00 0.00C. 1.24 Bell Block588.00 1.00 EA 588.00 588.00 0.00C. 1.25 1" Water Service, Complete 974.00 41.00 EA 39,934.00 39,934.00 0.00C. 1.26 Remove And Salvage Cap & Retainer Gland 195.00 1.00 EA 195.00 195.00 0.00C. 1.27 Remove Asph. / Conc. Roadway 7.95 81.06 EA 644.43 644.43 0.00C. 1.28 Replace Asph. / Conc. Roadway 37.80 81.06 EA 3,064.07 3,064.07 0.00C. 1.29 Remove Concrete Sidewalk 0.65 1,982.70 EA 1,288.76 1,288.76 0.00C. 1.30 Replace Concrete Sidewalk 3.70 1,982.70 EA 7,335.99 7,335.99 0.00C. 1.31 Remove and Replace Gravel Driveway 11.40 4.20 EA 47.88 47.88 0.00C. 1.32 Dewatering1.00 0.00 EA 0.00 0.00 0.00C. 1.35Original Contract$219,337.78 $219,337.78 $0.00Change Order 1 Directional Bore Long Service 9.00 955.00 LF 8,595.00 8,595.00 0.00Change Order 2 Time Extension0.00 0.00 0.00Change Order 3 WWO 22632 - Deduct for Driveway Work-1,906.83 -1,906.83 0.00Final Contract Total$226,025.95 $226,025.95 $0.00Water Department Supplied Materials6,892.24 6,892.24 0.00Water Department Labor & Overhead536.58 536.58 0.00Vender Services and Supplies2,967.76 2,967.76 0.00Engineering - Labor & Overhead32,242.21 23,642.11 8,600.10Total$42,638.79 $34,038.69 $8,600.10Water Main District 455 Total Cost$268,664.74 $260,064.64 $8,600.1041 Service Connections - Equal Assessment$6,343.04 ea WATER MAIN DISTRICT 455 Ownerships: 2/13/2008 Ordinance # 9086 District Created: 11/28/2006 LOT BLOCK SUBDIVISION ADDRESS FRONT FOOTAGE SQUARE FOOTAGE ASSESSMENT 30 C PARK-VIEW SUB 2522 COMMERCE AVE Current HEUPEL / EUGENE L & JACQUALYNE 106.80 18,572.52 $6,343.04 H & W Address:2522 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 38 D PARK-VIEW SUB 2521 COMMERCE AVE Current NELSON / MICHAEL S & JODY L 106.80 40,349.04 $6,343.04 H & W Address:2521 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 28 C PARK-VIEW SUB 2520 COMMERCE AVE Current TJADEN / JERROLD L & LINDA S 106.80 18,572.52 $6,343.04 H & W Address:2520 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 36 D PARK-VIEW SUB 2519 COMMERCE AVE Current LAWREY / WILLIAM E & SANDRA L 106.80 40,349.04 $6,343.04 H & W 26 C PARK-VIEW SUB 2518 COMMERCE AVE Address:2519 COMMERCE AVE 106.80 18,572.52 $6,343.04 City, State:GRAND ISLAND NE Zipcode:68801-7324 34 D PARK-VIEW SUB 2517 COMMERCE AVE Current PAPE / ROGER C 106.80 40,349.04 $6,343.04 A SINGLE PERSON Address:1095 CALLE DEL ORO City, State:BASQUE FARMS NM Zipcode:87068- 22 C PARK-VIEW SUB 2516 COMMERCE AVE Current DOWD / PATRICK F & SUZANNE M 106.80 18,572.52 $6,343.04 24 C PARK-VIEW SUB H & W 106.80 18,572.52 Address:2516 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 32 D PARK-VIEW SUB 2515 COMMERCE AVE Current BEASON / ROCKE D & MARLENE M 106.80 40,349.04 $6,343.04 H & W Address:2515 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 30 D PARK-VIEW SUB 2513 COMMERCE AVE Current MLECZKO / KRIS L 106.80 40,349.04 $6,343.04 A SINGLE PERSON Address:2513 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 20 C PARK-VIEW SUB 2512 COMMERCE AVE Current GUERRERO / ROBERT P & JOANIE C 106.80 18,572.52 $6,343.04 H & W Address:2512 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68803-0000 28 D PARK-VIEW SUB 2511 COMMERCE AVE Current WOBIG / AARON L 106.80 40,349.04 $6,343.04 A SINGLE PERSON Address:2511 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801- 18 C PARK-VIEW SUB 2510 COMMERCE AVE Current BROWN / THOMAS J & LORINDA LOU (KRANCE)94.80 16,485.72 $6,343.04 EXCEPT EAST 12'H & W Address:2510 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 26 D PARK-VIEW SUB 2509 COMMERCE AVE Current TOLLE / WILLIAM & SHERRI 106.80 18,572.52 $6,343.04 H & W Address:2509 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 16 C PARK-VIEW SUB 2508 COMMERCE AVE Current RUHE / WALDO E & DOROTHY E 106.80 20,659.32 $6,343.04 18 C PARK-VIEW SUB EAST 12' H & W 12.00 Address:2508 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 14 C PARK-VIEW SUB 2506 COMMERCE AVE Current HOFFMAN / CHARLES H & CHRISTINE M 106.80 18,572.52 $6,343.04 H & W Address:2115 PARK DR City, State:GRAND ISLAND NE Zipcode:68801-0000 24 D PARK-VIEW SUB 2507 COMMERCE AVE Current FAIRCHILD / GERALDINE LEE 106.80 40,349.04 $6,343.04 W & H Address:2507 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801- 22 D PARK-VIEW SUB 2505 COMMERCE AVE Current VON HOUSEN / JAMES E & GAYLENE A 106.80 40,349.04 $6,343.04 H & W Address:2505 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 12 C PARK-VIEW SUB 2504 COMMERCE AVE Current CASTLEBERRY / CAROL M 106.80 18,572.52 $6,343.04 A SINGLE PERSON Address:2504 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801- 20 D PARK-VIEW SUB 2503 COMMERCE AVE Current HENKE / FRANK W & MARLENE E 106.80 40,349.04 $6,343.04 H & W Address:2503 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801- 18 D PARK-VIEW SUB 2429 COMMERCE AVE Current HENKE / BRIAN A & TRUDI R 106.80 40,349.04 $6,343.04 H & W Address:2429 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801- LOT BLOCK SUBDIVISION ADDRESS FRONT FOOTAGE SQUARE FOOTAGE ASSESSMENT 8 C PARK-VIEW SUB 2428 COMMERCE AVE Current WILLIS / RICHARD E & EURDIS L 106.80 18,572.52 $6,343.04 10 C PARK-VIEW SUB H & W 106.80 18,572.52 $6,343.04 Address:2428 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 16 D PARK-VIEW SUB 2427 COMMERCE AVE Current FITZGERALD / DENNY A 106.80 40,349.04 $6,343.04 A SINGLE PERSON Address:2427 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 6 C PARK-VIEW SUB 2426 COMMERCE AVE Current RUGE / MELVIN H & ELEANOR A 106.80 18,572.52 $6,343.04 H & W Address:2426 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 14 D PARK-VIEW SUB 2425 COMMERCE AVE Current PIRNIE / PATRICIA A & KEITH H 106.80 40,349.04 $6,343.04 H & W Address:2425 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 2 COMMERCE SUB 2424 COMMERCE AVE Current SCHWEITZER / RON & ELAINE 80.00 13,912.00 $6,343.04 H & W Address:2424 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801- 12 D PARK-VIEW SUB 2423 COMMERCE AVE Current GUZINSKI / EDWARD D JR & PHYLLIS A 106.80 40,349.04 $6,343.04 H & W Address:1323 W JOHN City, State:GRAND ISLAND NE Zipcode:68801-0000 10 D PARK-VIEW SUB 2421 COMMERCE AVE Current DEY ERMAND / DALE J 106.80 40,349.04 $6,343.04 H & W Address:2421 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801-0000 2 PARK SUBDIVISION 2420 COMMERCE AVE Current SCHRITT / WILLIAM FRED & ELLEN L 220.55 11,616.52 $6,343.04 H & W Address:2316 PARK DR City, State:GRAND ISLAND NE Zipcode:68801-0000 8 D PARK-VIEW SUB 2419 COMMERCE AVE Current BISHOP / ANDREW A & KRISTEN L 106.80 40,349.04 $6,343.04 H & W Address:2419 COMMERCE AVE City, State:GRAND ISLAND NE Zipcode:68801- 17 D PARK-VIEW SUB 2430 PIONEER BLVD Current KOZISEK / ERNEST L 106.80 40,349.04 $6,343.04 A SINGLE PERSON Address:2430 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801- 6 E PARK-VIEW SUB 2429 PIONEER BLVD Current CHRISTENSEN / CLIFFORD W & KATHERINE 106.80 40,546.63 $6,343.04 H & W Address:2429 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801-0000 15 D PARK-VIEW SUB 2428 PIONEER BLVD Current POTTEBAUM / JOSHUA H & JESSICA A 106.80 40,349.04 $6,343.04 H & W Address:2428 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801- 5 E PARK-VIEW SUB 2427 PIONEER BLVD Current KOHLHOF / MICHELLE M 106.80 40,560.71 $6,343.04 A SINGLE PERSON Address:2427 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801-0000 13 D PARK-VIEW SUB 2426 PIONEER BLVD Current LOCKARD / RICKEY L & MICHELLE L 106.80 40,349.04 $6,343.04 H & W Address:2426 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801-0000 4 E PARK-VIEW SUB 2425 PIONEER BLVD Current SCHUETT / GARY L & DE VONNE R 106.80 40,574.80 $6,343.04 H & W Address:2425 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801-0000 11 D PARK-VIEW SUB 2424 PIONEER BLVD Current CATES / MAX & SANDRA 96.80 36,571.04 $6,343.04 WEST 96.8'H & W Address:2424 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801-0000 3 E PARK-VIEW SUB 2423 PIONEER BLVD Current NORMAN / WARREN & DEBORAH 106.80 40,588.88 $6,343.04 H & W Address:2423 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801-0000 9 D PARK-VIEW SUB 2422 PIONEER BLVD Current BOLIN / ANDREW W & FLORA E 106.80 44,127.04 $6,343.04 11 D PARK-VIEW SUB EAST 10' TRUSTEES 10.00 Address:2422 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801-0000 2 E PARK-VIEW SUB 2421 PIONEER BLVD Current KRINGS / STEVEN D & ASHLEY M 106.80 40,602.96 $6,343.04 H & W Address:2421 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801- 7 D PARK-VIEW SUB 2420 PIONEER BLVD Current FREDRICK / DUANE A & DINAH 106.80 40,349.04 $6,343.04 H & W Address:2420 PIONEER BLVD City, State:GRAND ISLAND NE Zipcode:68801-0000 TOTAL 4,572.55 1,335,747.62 $260,064.64 Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-85 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Water Main District No. 455 located along Commerce Avenue, from Blaine Street east to Park Drive, approximately 1,900 feet; and within Pioneer Blvd., from the end of the existing public water main, east approximately 750 feet, certifying that The Starostka Group Unlimited, Inc., of Grand Island, Nebraska, under contract awarded February 15, 2007, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the district; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director's Certificate of Final Completion for Water Main District No. 455 is hereby confirmed. 2. The City Council will sit as a Board of Equalization on April 22, 2008 to determine benefits and set assessments for Water Main District No. 455. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: RaNae Edwards, City Clerk Item G9 #2008-86 - Approving Award of Proposal for Engineering Services Related to Environmental Monitoring Services at the Landfill Tuesday, March 11, 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: March 11, 2008 Subject: Approving Award of Proposal for Engineering Services Related to Environmental Monitoring Services at the Landfill Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background The Solid Waste Division of the Public Works Department is responsible for the operation of the city's 330 acre solid waste landfill. The landfill is in Hall County and located seven (7) miles north of Shelton, Nebraska at 19550 West Husker Highway, just east of the Hall/Buffalo County Line (Wiseman Road). As per NDEQ Title 132-Integrated Solid Waste Management Regulations and the Grand Island Regional Landfill operating permit #NE0210658, ground water monitoring and reporting must be performed on a semi-annual basis to ensure that landfill operations are not impacting ground water quality. On February 8, 2008 a Request For Proposals (RFP) for engineering services related to environmental monitoring services at the landfill was advertised in the Grand Island Independent and sent to six (6) potential firms. Discussion Four (4) proposals were received on February 27, 2008. The proposals were reviewed by Solid Waste Superintendent, Jeff Wattier; Public Works Director, Steve Riehle; and Assistant City Attorney, Wes Nespor. Midwest Laboratories Inc. of Omaha, Nebraska submitted the proposal that was chosen using the evaluation criteria listed in the RFP. Cost (as it relates to scope) for completing the subject work (20%) Responsiveness and completeness of the proposal with respect to the RFP (20%) Experience, qualifications and references of firm (20%) Proposed team members and qualifications (20%) Experience with the City of Grand Island (10%) Proposed agreement (10%) Midwest Laboratories Inc. will provide engineering services to collect groundwater samples, packing/shipping & handling water samples, laboratory analysis of water samples, statistical analysis of analytical results, documentation, quality control/quality assurance & reporting. 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 proposal by Midwest Laboratories Inc. of Omaha, Nebraska. Sample Motion Move to approve the proposal by Midwest Laboratories Inc. of Omaha, Nebraska. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ENVIRONMENTAL MONITORING SERVICES AT SOLID WASTE LANDFILL RFP DUE DATE: February 27, 2008 at 4:15 p.m. DEPARTMENT: Public Works PUBLICATION DATE: February 9, 2008 NO. POTENTIAL BIDDERS: 6 SUMMARY OF PROPOSALS RECEIVED Olsson Associates Geotechnical Services, Inc. Holdrege, NE Grand Island NE AquaTerra Environmental Solutions, Inc. Midwest Laboratories Omaha, NE Omaha, NE cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Jeff Wattier, Solid Waste Superintendent Catrina Delosh, PW Admin. Assist. Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary P1231 Approved as to Form ¤ _______________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-86 WHEREAS, the City of Grand Island invited proposals for engineering services for Environmental Monitoring Services at the city landfill, according to Request for Proposals on file with the Public Works Department; and WHEREAS, on February 27, 2008, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Midwest Laboratories, Inc. of Omaha, Nebraska, submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Midwest Laboratories, Inc. of Omaha, Nebraska, for engineering services for Environmental Monitoring Services at the city landfill is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on March 11, 2008. _____________________________________ Mitchell Nickerson, President Grand Island City Council Attest: ________________________________ RaNae Edwards, City Clerk Item G10 #2008-87 - Approving Bid Award for Law Enforcement Center Lawn & Landscaping Services Tuesday, March 11, 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: March 11, 2008 Subject: Lawn and Landscaping Services for the LEC Item #’s: G-10 Presenter(s): Steven Lamken, Police Chief Background The Police Department let a request for bids for lawn and landscaping services for the new Law Enforcement Center grounds and the Stuhr Impound Lot grounds. Four bids were received on February 28, 2008. Johnson Lawn and Landscaping Inc. submitted the low bid of $8,684.00 for the services. The bid is under the estimate of costs for the services. Johnson Lawn and Landscaping Inc. appear capable of providing the required services. Discussion The Police Department is required to provide lawn and landscaping services to the new Law Enforcement Center at 111 Public Safety Drive and the Police Department Impound Lot at 510 S. Stuhr Road. The Department prepared specifications and advertized for bids in February. Four bids were received on February 28th. The bids received ranged from $24,999.00 to $8,684.00. The lowest bid was from Johnson Lawn and Landscaping Inc. of Kearney for a total cost of $8,684.00 for the growing season. This bid was the only one received that was within the estimated cost of the services. The Police Department conducted four reference checks on Johnson's services. Two references were in Kearney and two were in Grand Island. All four references indicated that Johnson's gave good service and that their lawns and landscaping were well maintained. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to Approve 2. Take no action on the issue 3. Postopone the issue to a future date Recommendation City Administration recommends that the Council approve the bid of Johnson Lawn and Landscaping Inc. for lawn and landscaping services to the Police Department properties for $8,684.00. Sample Motion Move to approve the bid of Johnson Lawn and Landscaping, Inc. of Kearney, Nebraska for lawn and landscaping services to the Police Department properties in the amount of $8,684.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING AMENDED BID OPENING DATE: February 28, 2008 at 11:00 a.m. FOR: Law Enforcement Center Lawn & Landscaping Services DEPARTMENT: Police ESTIMATE: $15,000.00 FUND/ACCOUNT: 10022302-85229 PUBLICATION DATE: February 10, 2008 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Rick’s Lawn Care, Co. McDowell Grounds Maintenance Grand Island NE Grand Island NE Bid Price: $24,999.00 $19,938.80 Bidder: St. Paul Lawn Care Johnson Lawn & Landscape, Inc. Grand Island NE Kearney, NE Bid Price: $17,190.00 $8,684.00 cc: Steve Lamken, Police Chief Robert Falldorf, Police Captain Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary Jeff Pederson, City Administrator P1229 Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-87 WHEREAS, the City of Grand Island invited sealed bids for lawn and landscaping services for the Law Enforcement Center, according to plans and specifications on file with the Police Department; and WHEREAS, on February 28, 2008, bids were received, opened and reviewed; and WHEREAS, Johnson Lawn & Landscape, Inc. of Kearney, 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 $8,684.00; and WHEREAS, the bid of Johnson Lawn & Landscape, Inc. is less than the estimate for the lawn and landscaping services for the Law Enforcement Center. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Johnson Lawn & Landscape, Inc. of Kearney, Nebraska, in the amount of $8,684.00 for lawn and landscaping services for the Law Enforcement Center is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2008-88 - Approving Contract for Cable Television Services at the Law Enforcement Center Tuesday, March 11, 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: March 11, 2008 Subject: Cable Television Contract for Law Enforcement Center Item #’s: G-11 Presenter(s): Steven Lamken, Police Chief Background The Police Department is requesting to contract with Charter Business cable television services for installation of service into the building to the cable distribution point and also for monthly cable outlet fees. Charter Business has proposed a three year contract of a one time $1,000.00 installation charge and a fee of $10.00 per month per cable service in the building. The costs of the regular monthly service will be shared with the County. Discussion The new Law Enforcement Center was prewired for cable television outlets; however, the installation of service into the building is to be provided under a separate contract with a local vendor. Charter Communications has prepared a three year contract that will provide for the installation of cable into the building and a three year service contract for outlets in the building. The contract includes a one time installation cost of $1,000.00 and a monthly fee of $10.00 per month per service in the building with one service provided free. The City Legal Department has reviewed the contract with Charter. The costs of the monthly services will be shared with the County with the County paying 30% of the costs. 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 Charter Commuications for installation and monthly cable television servcies to the Law Enforcement Center. Sample Motion Move to approve the contract with Charter Communications for installation and monthly cable television services to the Law Enforcement Center. Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-88 WHEREAS, the Law Enforcement Center is pre-wired for cable television; and WHEREAS, installation of cable television service shall be provided by Grand Island’s local vendor, Charter Communications; and WHEREAS, a three year contract with Charter Communications has been prepared to provide service to the Law Enforcement Center for three years, which will include a one time installation cost of $1,000 and a monthly fee of $10 per month per service in the Law Enforcement Center, with one service provided at no cost.; and WHEREAS, the proposed contract between Charter Communications and the City of Grand Island has been reviewed and approved 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 contract between Carter Communications and the City of Grand Island to provide cable television services 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, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2008-89 - Approving Grant Award from Region III Behavioral Health Services Tuesday, March 11, 2008 Council Session City of Grand Island Staff Contact: Wendy Meyer-Jerke City of Grand Island City Council Council Agenda Memo From: Wendy Meyer-Jerke, Public Information Officer Council Meeting: March 11, 2008 Subject: Accept grant award from Region III Behavioral Health Services Item #’s: G-12 Presenter(s): Wendy Meyer-Jerke, Public Information Officer Background The City of Grand, Community Youth Council, has been awarded $600 from Region III Behavioral Health Services to help fund the 2008 “Family Day in the Park”. It will be the third year that the Community Youth Council has sponsored this free family event. The group plans on building on its past success as the event last year received a Community Services Award as part of the Nebraska Community Improvement Program awarded by Governor Dave Heineman. The event will once again promote family interaction through activities, entertainment and education on healthy lifestyle choices for youth. The emphasis of the use of these grant dollars will be to educate youth on strategies to reduce methamphetamine and marijuana use, as well as ways to incorporate all cultures throughout the activities of the day. In addition, activities will also be provided that educate youth on tobacco use, underage drinking, and childhood obesity. The grant was submitted on February 7, 2008 to Region III and will help to offset costs for the event. Discussion Some of the organizations that the City of Grand Island and the Community Youth Council may partner with to sponsor the event include: Central Nebraska Council on Alcoholism and Addictions, Central District Health Department, Parks and Recreation Department, Youth Leadership Tomorrow, Tobacco Free Hall County, Substance Abuse Prevention Coalition, and the Public Library. The following activities will take place the day of the event: 1) The morning will consist of some type of family activity to promote exercise and healthy lifestyle choices for the entire family. Possibilities include a disc golf tournament for all ages, family bike ride, family walk/run, horseshoes, etc. 2) An education pavilion will be available during the day with participation from drug prevention/awareness community groups. Community groups with an emphasis on drug use prevention and youth services will be invited to attend. 3) Afternoon family activities will include an inflated castle for bouncing, refreshments (snow cones, granola bars, fruit snacks, etc.), GIFD smoke house, ambulance and fire truck, a sports clinic, face painting and tattoos, and family games. The committee has once again invited the Nebraska Army National Guard to bring their rock climbing wall to the 2008 event. Adrian Valez, the Guard representative, has expressed interest in participating again. 4) Options for the evening include showing an age appropriate, value positive evening movie for families and youth of all ages. Prior to the main feature, a short alcohol abuse video will be aired. Other possibilities include a magician, comedian, or band/musician appropriate for all ages. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Accept the grant award from Region III and authorize expenditure of funds by resolution 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. 4. Take no action. Recommendation City Administration recommends that the grant award from Region III be accepted and expenditure of funds authorized by resolution. Sample Motion Move to accept the grant award from Region III and authorize expenditure of funds by resolution. Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-89 WHEREAS, On February 7, 2008, the City of Grand Island, on behalf of the Community Youth Council, submitted a grant application to Region III Behavioral Health Services to assist in funding the 2008 Family Day in the Park; and WHEREAS, Region III Behavioral Health Services has recommended that the City of Grand Island be provided grant funds awarded to the Community Youth Council, City of Grand Island, in the amount of $600.00; and WHEREAS, the Mayor of the City of Grand Island is required to sign the grant in acceptance of the same. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the grant funds awarded to the City of Grand Island, Community Youth Council in the amount of $600.00 to assist in funding the 2008 Family Day in the Park is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such grant on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2008-90 - Approving Paul Essman of Capital City Concepts to Conduct Joint IBEW and Future Wage and Benefits Surveys Tuesday, March 11, 2008 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: March 11, 2008 Subject: Approving Paul Essman of Capital City Concepts to Conduct a Joint IBEW and Future Wage and Benefits Surveys Item #’s: G-13 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island’s current labor agreement with the IBEW (International Brotherhood of Electrical Workers), Local 1597, will expire at midnight on September 30, 2008. The current contract has been in place since October 1, 2003. IBEW represents employees in the utilities department, finance department and I. T. (information technology) department as well as the latest group with the wastewater treatment plant. The employees at the wastewater treatme nt plant just agreed to a four year contract so the employee groups that are being represented in the upcoming negotiations would be the other aforementioned groups. It has been common practice for the City and usually the union to conduct salary and benefit surveys to determine midpoint on the issues that are negotiated in the labor agreement. Discussion The City of Grand Island has employed the services of Paul Essman of Capital City Concepts to provide wage and salary surveys for the City of Grand Island for the past several years. Paul has served as an expert witness on behalf of the City at the CIR on a few separate occasions as well as the survey work that has been performed. The City and members of the IBEW have met and discussed the possibility of going in together on a joint survey to use for upcoming labor negotiations. The membership voted and agreed that they would like to have Paul Essman conduct the survey. Their comfort level stems from their knowledge and past experience with Mr. Essman in doing surveys for other communities utility services. The City obviously has had and still does a working relationship with Mr. Essman and his knowledge of our structure and positions enables him to hit the ground running. The reason for coming to Council to approve Mr. Essman for the purpose of conducting the joint survey is that the City’s share of the survey will go over the $7,500 limit as outlined in the City procurement code thus requiring three quotes from other vendors. The City’s share of the survey is estimated at $15,000 with expenses taken into account. Mr. Essman has a niche in the marketplace and there are not three other vendors that the City is aware of to get quotes from that can deliver a “CIR ready” survey. There are few if any that have not been retained by other groups that are available to conduct wage and salary surveys that are certified ready to be introduced at the CIR. The term CIR ready refers to the fact that the surveyor has visited the communities where matches are made to determine the job and community match. The number of positions and size of the survey has driven the cost of this survey up compared to some others that are done. As a practical matter, Mr. Essman is the only viable source for services in Nebraska. The ability to employ his services as needed for negotiations as well as non-union surveys is important. The ability to go into negotiations working together from the start lends itself to more harmonious and efficient negotiations. 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 Paul Essman of Capital City Concepts to conduct salary and wage surveys for the City of Grand Island. Sample Motion Move to approve Paul Essman of Capital City Concepts to conduct salary and wage surveys for the City of Grand Island. Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-90 WHEREAS, the City of Grand Island’s labor agreement with the International Brotherhood of Electrical Workers, Local 1597 (IBEW) will expire at midnight on September 30, 2008; and WHEREAS, it is common practice for the City and the union to conduct salary and benefit surveys to determine midpoint on negotiated issues; and WHEREAS, it is a requirement of the City Procurement Code to obtain quotes for any amount over $7,500; and WHEREAS, Paul Essman of Capital City Concepts is the most viable source for these services in the State of Nebraska; and WHEREAS, the City’s share of the cost of the services of Mr. Essman is estimated to be $15,000 and requires approval of the City Council; and WHEREAS, the services of Mr. Essman will be needed for future union and non-union surveys. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Paul Essman of Capital City Concepts to conduct salary and benefits surveys for labor agreement negotiations for the City of Grand Island and the IBEW in the amount of approximately $15,000 is hereby approved and the mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the City may use the services of Paul Essman of Capital City Concepts for future union and non-union surveys. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item H1 Consideration of Request from Stratford Plaza, LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road for a Deletion of Approximately 180' x 130' to their Class "C-65949" Liquor License Tuesday, March 11, 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: March 11, 2008 Subject: Request from Stratford Plaza, LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road for a Deletion to Class “C-65949” Liquor License Item #’s: H-1 Presenter(s): RaNae Edwards, City Clerk Background Stratford Plaza, LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road has submitted an application for a deletion of an area approximately 180’ x 150’ to their Class “C-65949” Liquor License. (See attached drawing.) Discussion Howard Johnson Riverside Inn currently holds a liquor license which covers the entire hotel located at 3333 Ramada Road. They are requesting a deletion of an area approximately 180’ x 150’ which includes the restaurant, kitchen, conference center, lobby, and atrium from their current license. This area will be covered under a separate license which will come before the City Council for approval on March 25, 2008. 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 City Clerk. 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 request from Howard Johnson Riverside Inn for a deletion of an area of approximately 180’ x 150’ from their Liquor License “C-65949” located at 3333 Ramada Road. Item I1 #2008-91 - Approving Boundaries for Creation of Business Improvement District #6 Tuesday, March 11, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: March 11, 2008 Subject: Approving Boundaries for the Creation of Business Improvement District #6 Item #’s: I-1 Presenter(s): Chad Nabity, AICP Background State statutes allow for the creation of business improvement districts and the expenditure of funds for improvement of public places or facilities within the district, including the acquisition, construction, maintenance, and operation of such improvements, creation and implementation of a plan for improving the general architectural design of public areas within the district, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. Discussion In February of 2008 owners of some of the properties along Second Street between Eddy and Grant sent a letter to the Mayor and Council requesting the creation of a business improvement district. The owners are hoping to create a landscaping district similar to the ones created on South Locust Street. A copy of the letter is attached. The first step in the creation of the district is for Council to define the boundaries of the area that could be included in a district. City staff is suggesting a larger area than the one requested by the property owners as it is easier to approve a smaller area when the final district boundaries are determined than it is to add an additional block or two. City staff is suggesting an area bounded by South Front Street on the north, First Street on the south, Eddy Street on the east and Garfield Street on the west. See the attached map. This would include all of the property requested and allow the district to include other properties that could benefit from the creation of the district. This is the first step in the process and will define an area from which the Mayor can select property owners, residents or users of space to serve on an initial board to define a plan or plans for the area. Prior to creation of the district all property owners will have the ability to protest the creation of the district in its final form. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to resolution defining the boundaries 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 defining the initial boundaries of BID 6. Sample Motion Move to approve the Resolution defining the initial boundaries of BID #6. 3rd St W 2nd St W 1st St W Louise St W Koenig St W Charles St W Division St W 4th St W North Front St W 5th St W 7th St W 6th St W Eddy St NBlake St South Front St W Lincoln Ave NCarey AveDarr Ave NWhite AveBroadwell Ave NRuby AveClay St SWaldo AveGrant St SBoggs Ave NEddy St SClark St SClark St NTilden St SGrace Ave NLogan St SGeorge St Monroe St SHarrison St SArthur St SCleburn St SMadison St SJefferson St NLincoln Ave SOld Lincoln Hwy W Broadwell Ave SMadison St NWashington St SWashington St NCuster Ave NCleburn St NAdams St SAdams St NFaidley Ave W Greenwich St SGarfield Ave SArthur St NMonroe St NUS Highway 30 W Greenwich St NJefferson St SJefferson St SCleburn St N4th St W Old Lincoln Hwy W 6th St W Greenwich St S1st St W 5th St W Initial Boundaries for BID 6 as Defined by Grand Island City Council Resolution on March 11, 2008 Map Prepared by CNMarch 4, 2008 Approved as to Form – _______________ March 6, 2008 • City Attorney R E S O L U T I O N 2008-91 WHEREAS, Second Street property owners have recommended that the City of Grand Island create a business improvement district with boundaries set out below; and WHEREAS, Section 19-4021, R.R.S. 1943, indicates that the boundaries of a business area for a potential business improvement district shall be declared by the city council prior to or at the same time as the appointment of the business improvement board; and WHEREAS, the outer boundaries of the potential Business Improvement District No. 6 are described on the attached map, marked as Exhibit “A”; and WHEREAS, it is suggested that a business improvement board be appointed to make recommendations to the city council for the potential establishment of a district and plans for improvements, if any, for such district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the property set out within the boundaries described on attached Exhibit “A” be declared as future Business Improvement District No. 6. - - - Adopted by the City Council of the City of Grand Island, Nebraska on March 11, 2008. _____________________________________ Mitchell Nickerson, President Grand Island City Council Attest: _______________________________ RaNae Edwards, City Clerk Item I2 #2008-92 - Approving Designation of 1st Street as Stop Sign Protected from Cleveland Street to Washington Street Tuesday, March 11, 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: March 11, 2008 Subject: Approving Designation of 1st Street as Stop Sign Protected from Cleveland Street to Washington Street Item #’s: I-2 Presenter(s): Steven P. Riehle, Public Works Director Background The Nebraska Department of Roads (NDOR) is managing the project to widen US Highway 30 (2nd Street) from Grant Street to Greenwich Street. The installation of traffic control signs for the project has begun with work on the highway set to begin on Monday, March 17th. The project will detour westbound US Highway 30 traffic to 3rd Street. Eastbound US Highway 30 traffic will remain on 2nd Street throughout the duration of the project. The first phase of the project will shift eastbound US Highway 30 traffic to the north side of 2nd Street. The NDOR is working with property owners along the south side of 2nd Street for access during this first phase. Many will use 1st Street for access to businesses and residences along the south side of 2nd Street during that first phase. Discussion The NDOR anticipates an increase in traffic volumes on 1st Street and is requesting that 1st Street be designated as a "Stop Sign Protected" street. The designation would cover 1st Street from east of Blaine Street to west of Lincoln Avenue. The following side streets will stop at 1st Street during the first phase of the project: Cleveland Street Arthur Street Garfield Avenue Grant Street Clay Street Tilden Street Logan Street Harrison Street Monroe Street Madison Street Jefferson Street Adams Street Washington Street First Street will still be required to stop at the following streets: Blaine Street Broadwell Avenue Lincoln Avenue Greenwich Street The designation will start on March 17th and remain until the first phase is completed in late summer 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 approve Stop sign protected intersections on 1st Street from Cleveland Street to Washington Street. Sample Motion Move to approve stop sign protected intersections on 1st Street from Cleveland Street to Washington Street. 1st Street Stop Sign Protected from Cleveland Street to Washington Street –March 2008 NDOR -US HW Y 3 0 C O N S T R U C TI O N P R O J E C T Cl e v e l a n d S t Ga r f i e l d S t G r a n t S t Li n c o l n S t Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-92 WHEREAS, the City Council, by authority of Section 22-27 of the Grand Island City Code, may by resolution regulate motor vehicle traffic upon the streets of the City of Grand Island; and WHEREAS, that during the widening project of US Highway 30 (Second Street) in the City of Grand Island, the Nebraska Department of Roads is requesting that First Street be designated as a “Stop Sign Protected” street from Cleveland Street to Washington Street; and WHEREAS, said streets will be designated as “Stop Sign Protected” beginning March 17, 2008, until the first phase of the widening project is completed in late summer of 2008; and WHEREAS, it is in the city's best interests to effectuate such changes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the request of the Nebraska Department of Roads to designate Cleveland Street to Washington Street as a “Stop Sign Protected” street from March 17, 2008, through late summer of 2008, is hereby approved. BE IT FURTHER RESOLVED that the Streets Division of the Public Works Department is hereby directed to install such signs to regulate traffic as outlined above. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: ______________________________________ RaNae Edwards, City Clerk Item I3 #2008-93 - Approving Settlement of Sapp Bros. Petroleum, Inc. Condemnation Appeal Tuesday, March 11, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Legal Department Meeting: March 11, 2008 Subject: Settlement of Sapp Bros. Petroleum, Inc. Condemnation Appeal Item #’s: I-3 Presenter(s): Wesley D. Nespor, Attorney Background The City previously authorized an improvement project to widen a portion of Capital Avenue. It was necessary to acquire permanent and temporary rights-of-way and easements to complete this project as designed. Negotiations to purchase the needed property from Poland Oil, Inc. (now known as Sapp Bros. Petroleum, Inc.) stalled and eminent domain proceedings were commenced. The Board of Appraisers awarded the sum of $40,785.00 which was deposited by the City last year in an account controlled by the Hall County Court. Sapp Bros. Petroleum, Inc. appealed the award to the District Court seeking more money. Discussion After due consideration of all the factors, costs, and the potential outcome of a new trial in District Court, a settlement was negotiated by the legal department with Sapp Bros. Petroleum subject to approval by the Nebraska Department of Roads and the City Council. Pre-approval has been received from the NDOR and approval is now sought from the Council. 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 Recommendation City Administration recommends that the Council approve a resolution authorizing settlement with Sapp Bros. Petroleum, Inc. as follows: That the Forty Thousand Seven Hundred Eighty Five Dollars ($40,785.00) deposited with the Hall County Court in Case No. CI07-4107, together with any interest accrued thereon, may be released to Sapp Bros. Petroleum, Inc. The City of Grand Island, Nebraska, shall pay to Sapp Bros. Petroleum, Inc., the additional sum of Forty Four Thousand Seven Hundred Fifty Eight Dollars ($44,758.00) in full and complete settlement of all claims and damages arising out of the public taking of the subject property. Each party shall be responsible for its own costs and attorneys fees and no additional interest will be due on the settlement except the interest that has accrued on the amount deposited in County Court. Nothing in this Stipulation is intended to affect the City of Grand Island’s ability to specially assess the adjoining real estate for street improvements. Sample Motion Move to approve a resolution authorizing settlement with Sapp Bros. Petroleum, Inc. under the terms negotiated by the legal department. Approved as to Form ¤ ___________ March 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-93 WHEREAS, the City of Grand Island, Nebraska condemned certain real estate belonging to Sapp Bros. Petroleum, Inc. as successor in interest to Poland Oil, Inc.; and WHEREAS, Sapp Bros. Petroleum, Inc appealed the award of appraisers to the Hall County District Court; and WHEREAS, a settlement has been negotiated that is fair and reasonable; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the settlement is approved and the Mayor is authorized to sign the settlement agreement which provides, in pertinent part: That the Forty Thousand Seven Hundred Eighty Five Dollars ($40,785.00) deposited with the Hall County Court in Case No. CI07-4107, together with any interest accrued thereon, may be released to Sapp Bros. Petroleum, Inc. The City of Grand Island, Nebraska, shall pay to Sapp Bros. Petroleum, Inc., the additional sum of Forty Four Thousand Seven Hundred Fifty Eight Dollars ($44,758.00) in full and complete settlement of all claims and damages arising out of the public taking of the subject property. Each party shall be responsible for its own costs and attorneys fees and no additional interest will be due on the settlement except the interest that has accrued on the amount deposited in County Court. Nothing in this Stipulation is intended to affect the City of Grand Island’s ability to specially assess the adjoining real estate for street improvements. Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. _______________________________________ Mitchell Nickerson, President Grand Island City Council Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of February 27, 2008 through March 11, 2008 The Claims for the period of February 27, 2008 through March 11, 2008 for a total amount of $2,406,390.80. A MOTION is in order. Tuesday, March 11, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council