The URL can be used to link to this page

04-22-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, April 22, 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 - Reverend Daniel Bremer, Grace Lutheran Church, 545 East Memorial Drive This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Proclamation "Tourism Recognition Month" May, 2008 Whereas, travel and tourism is extremely important to the community of Grand Island in terms of revenues generated, and because the travel and tourism industry contributes to the employment, economic prosperity, international trade, and relations and peace, understanding, and goodwill, Mayor Hornady, in conjunction with the Hall County Convention and Visitors Bureau, has proclaimed the month of May, 2008 as "Tourism Recognition Month". See attached PROCLAMATION. Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item D1 #2008-BE-1 - Consideration of Determining Benefits for Water Main District 455 - Parkview Area Tuesday, April 22, 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 Dale Shotkoski, City Attorney Meeting: April 22, 2008 Subject: Water Main District 455, Park-View Subdivision Area Item #’s: D-1 & F-1 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 construction 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 reference 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 assessment amounts for Water Main District 455 be set for the properties within the district as tabulated on the attached listing. Sample Motion Move to approve the assessment amounts for Water Main District 455. Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney R E S O L U T I O N 2008-BE-1 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 455, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $260,064.64; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Water Main District No. 455, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Eugene & Jacqualyne Heupel Lot 30, Block C, Park-View Subdivision $6,343.04 Michael & Jody Nelson Lot 38, Block D, Park-View Subdivision $6,343.04 Jerrold & Linda Tjaden Lot 28, Block C, Park-View Subdivision $6,343.04 William & Sandra Lawrey Lot 36, Block D, Park-View Subdivision $6,343.04 William & Sandra Lawrey Lot 26, Block C, Park-View Subdivision $6,343.04 Roger C. Pape Lot 34, Block D, Park-View Subdivision $6,343.04 Patrick & Suzanne Dowd Lot 22, Block C, Park-View Subdivision Lot 24, Block C, Park-View Subdivision $6,343.04 Rocke & Marlene Beason Lot 32, Block D, Park-View Subdivision $6,343.04 Kris Mileczko Lot 30, Block D, Park-View Subdivision $6,343.04 Robert & Joanie Guerrero Lot 20, Block C, Park-View Subdivision $6,343.04 Aaron Wobig Lot 28, Block D, Park-View Subdivision $6,343.04 Thomas & Lorinda Lou Brown Lot 18, except the East 12th Feet of Block C, Park-View Subdivision $6,343.04 William & Sherri Tolle Lot 26, Block D, Park-View Subdivision $6,343.04 Waldo & Dorothy Ruhe Lot 16, Block C, Park-View Subdivision and the East 12 Feet of Lot 18, Block C, Park-View Subdivision $6,343.04 Charles & Christine Hoffman Lot 14, Block C, Park-View Subdivision $6,343.04 Geraldine Lee & David C. Fairchild Lot 24, Block D, Park-View Subdivision $6,343.04 James & Gaylene Von Housen Lot 22, Block D, Park-View Subdivision $6,343.04 Carol Castleberry Lot 12, Block C, Park-View Subdivision $6,343.04 Frank & Marlene Henke Lot 20, Block D, Park-View Subdivision $6,343.04 RESOLUTION 2008-BE-1 - 2 - Brian & Trudi Henke Lot 18, Block D, Park-View Subdivision $6,343.04 Richard & Eurdis Willis Lot 8, Block C, Park-View Subdivision $6,343.04 Richard & Eurdis Willis Lot 10, Block C, Park-View Subdivision $6,343.04 Denny Fitzgerald Lot 16, Block D, Park-View Subdivision $6,343.04 Melvin & Eleanor Ruge Lot 6, Block C, Park-View Subdivision $6,343.04 Patricia & Keith Pirnie Lot 14, Block D, Park-View Subdivision $6,343.04 Ron & Elaine Schweitzer Lot 2, Commerce Subdivision $6,343.04 Edward Jr. & Phyllis Guzinski Lot 12, Block D, Park-View Subdivision $6,343.04 Dale J. Dey Ermand Lot 10, Block D, Park-View Subdivision $6,343.04 William Fred & Ellen Schritt Lot 2, Park Subdivision $6,343.04 Andrew & Kristen Bishop Lot 8, Block D, Park-View Subdivision $6,343.04 Ernest Kozisek Lot 17, Block D, Park-View Subdivision $6,343.04 Clifford & Katherine Christensen Lot 6, Block E, Park-View Subdivision $6,343.04 Joshua & Jessica Pottebaum Lot 15, Block D, Park-View Subdivision $6,343.04 Michelle Kohlhof Lot 5, Block E, Park-View Subdivision $6,343.04 Rickey & Michelle Lockard Lot 13, Block D, Park-View Subdivision $6,343.04 Gary & DeVonne Schuett Lot 4, Block E, Park-View Subdivision $6,343.04 Max & Sandra Cates The West 96.8 Feet of Lot 11, Lot D, Park-View Subdivision $6,343.04 Warren & Deborah Norman Lot 3, Block E, Park-View Subdivision $6,343.04 Andrew W. & Flora E. Bolin, Trustees Lot 9, Block D, Park-View Subdivision and the East 10 feet of Lot 11, Block D, Park-View Subdivision $6,343.04 Steven & Ashley Krings Lot 2, Block E, Park-View Subdivision $6,343.04 Duane & Dinah Fredrick Lot 7, Block D, Park-View Subdivision $6,343.04 TOTAL $260,064.64 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request from A. Meier, Inc. dba Bandits, 1016 N. Diers Avenue, Suite #118 for an Addition to Class "C-63264" Liquor License Tuesday, April 22, 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: April 22, 2008 Subject: Public Hearing on Request of A. Meier, Inc. dba Bandits, 1016 North Diers Avenue, Suite 118 for an Addition to Class “C-63264” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background A. Meier, Inc. dba Bandits, 1016 North Diers Avenue, Suite 118 has submitted an application for an addition to their Class “C-63264” Liquor License. The request includes an addition of a beer garden, an area of approximately 12’ x 70’ to be added to the west side of the existing building. (See attached drawing.) Discussion Chapter 2, Section 012.07 of the Nebraska Liquor Control Commission Rules and Regulations define “Beer garden” as “an outdoor area included in licensed premises, which is used for the service and consumption of alcoholic liquors, and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises, and preventing the passing of alcoholic liquors to persons outside the premises” City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, and Health Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application for an addition from A. Meier, Inc. dba Bandits, 1016 North Diers Avenue, Suite 118, Liquor License “C-63264” contingent upon final inspections. Item E2 Public Hearing Concerning Acquisition of Utility Easement - 4040 Gold Core Drive - ASAP Real Estate, LLC Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: April 22, 2008 Subject: Acquisition of Utility Easement – 4040 Gold Core Drive ASAP Real Estate, LLC Item #’s: E-2 & G-4 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of ASAP Real Estate, LLC, located south and east of the building at 4040 Gold Core Drive (Gold Core and Schimmer Drive) in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground high voltage cable and a pad-mounded transformer to provide the new ASAP building with electrical power. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing Concerning Acquisition of Utility Easement - 1814 N. Eddy - Five-Points - Casey's General Store Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: April 22, 2008 Subject: Acquisition of Utility Easement – 1814 N. Eddy – 5- Points - Casey’s Retail Company a/k/a Casey’s General Store Item #’s: E-3 & G-5 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Casey’s Retail Company, located behind Casey’s General Store at 1814 North Eddy (Broadwell Avenue and Eddy Street – Five Points), in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair appurtenances, including a water main. Discussion Casey’s Retail Company is planning to expand and upgrade their store at 1814 North Eddy. The new store will conflict with an existing water main crossing the property. Casey’s will have the water main relocated to a different part of their property which will require the requested easement to allow public access and ownership of the main. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E4 Public Hearing Concerning Acquisition of Utility Easement - 3620 Old Potash Highway - Levander Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: April 22, 2008 Subject: Acquisition of Utility Easement – 3620 Old Potash Hwy. - Levander Item #’s: E-4 & G-6 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Brian D. and Annette R. Levander, located in the rear of property located at 3620 Old Potash Highway (Old Potash Hwy. and Kaufman Avenue), in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place high voltage cable and a pad-mounted transformer to provide electric service to a new auto sales and service building. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E5 Public Hearing on Acquisition of Public Utility Easement Located at 1404 Independence Avenue; Lot 12 of American Independence Subdivision (Gary E. and Mary G. Valasek) Tuesday, April 22, 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: April 8, 2008 Subject: Public Hearing on Acquisition of Public Utility Easement Located at 1404 Independence Avenue; Lot 12 of American Independence Subdivision (Gary E. and Mary G. Valasek) Item #’s: E-5 & G-8 Presenter(s): Steven P. Riehle, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public utility easement is needed at 1404 Independence Avenue; Lot 12 of American Independence Subdivision to accommodate public utilities. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Discussion This new easement will be ten (10) feet wide on the north side of Lot 12 of American Independence Subdivision. At tonight's meeting we are also requesting approval to acquire a ten (10) foot wide easement on the south side of Lot 11 of American Independence Subdivision. These two easements will join and satisfy the total public utility easement requirement of twenty (20) feet. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Easement. Sample Motion Move to approve the acquisition of the Easement. Item E6 Public Hearing on Acquisition of Public Utility Easement Located at 1410 Independence Avenue; Lot 11 of American Independence Subdivision (Gary E. and Mary G. Valasek) Tuesday, April 22, 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: April 22, 2008 Subject: Public Hearing on Acquisition of Public Utility Easement Located at 1410 Independence Avenue; Lot 11 of American Independence Subdivision (Gary E. and Mary G. Valasek) Item #’s: E-6 & G-9 Presenter(s): Steven P. Riehle, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public utility easement is needed at 1410 Independence Avenue; Lot 11 of American Independence Subdivision to accommodate public utilities. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Discussion This new easement will be ten (10) feet wide on the south side of Lot 11 of American Independence Subdivision. At tonight's meeting we are also requesting approval to acquire a ten (10) foot wide easement on the north side of Lot 12 of American Independence Subdivision. These two easements will join and satisfy the total public utility easement requirement of twenty (20) feet. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Easement. Sample Motion Move to approve the acquisition of the Easement. Item E7 Public Hearing on Amendment to Chapter 36-70 of the Grand Island City Code Relative to Automobile Body Repair by Conditional Use Permit in the B3 - Heavy Business Zone Tuesday, April 22, 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: April 22, 2008 Subject: Text Amendment of Zoning Ordinance Item #’s: E-7 & F-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning proposed amendments to section 36.70, Section B, addition of Automobile body repair as a conditional use to the B3 Zoning District in the Grand Island City Code. (C-12-2008GI) Rick Johnson an owner of property located in the B3 Heavy Business Zone requested consideration of the proposed amendme nts. (See full recommendation.) Discussion The following proposed amendment to section 36.70 Section B of the Grand Island City Code, was considered by the Regional Planning Commission at the April 2, 2008 meeting following a public hearing. §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Automobile body repair: subject to the following minimum standards: No storage of parts or unlicensed vehicles outside of an enclosed building, The facility shall meet or exceed all building and fire code requirements, (6) Other uses as indicated in the Zoning Matrix [Attachment A hereto] Nabity explained the proposed changes and that Automobile Body Repair is a permitted use in the M3 Zoning District north of Downtown and that there is an existing Body Repair Business (Vintage Autobody) located at 3rd and Elm. Heineman asked if this would also allow body work on motorcycles and Nabity responded that it would include all automobiles as written. A motion was made by Haskins, and seconded by Snodgrass, to approve the Text Amendment Zoning Ordinance as presented. A roll call vote was taken and the motion carried with 9 members present voting in favor (Miller, O’Neill, Hayes, Reynolds, Monter, Haskins, Bredthauer, Heineman, Snodgrass). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed changes as presented Sample Motion Move to approve as recommended. Agenda Item #4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: March 21, 2008 SUBJECT: Concerning amendments to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction. Amendments to be considered pertain to the §36-70 (B) B3-Heavy Business Zone Conditional Uses to include Automobile body repair as a conditional use in this zoning district (C- 12-2008GI) PROPOSAL: The changes proposed here were requested by Rick Johnson of Grand Island, Nebraska. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Automobile body repair: subject to the following minimum standards: No storage of parts or unlicensed vehicles outside of an enclosed building, The facility shall meet or exceed all building and fire code requirements, (6) Other uses as indicated in the Zoning Matrix [Attachment A hereto] OVERVIEW: The B3 zone does not permit Automobile Body repair but does allow mechanical repair garages by conditional use permit. Vintage Body Shop at 3rd and Elm has been located in the B3 district for many years without creating any issues. The only B3 property in the City is located in the Downtown area. All of the property north of the B3 zone is M3-Mixed Use Manufacturing and allows Automobile Body Repair as a permitted principal use. This use would not be appropriate for the entire B3 zoned area but there are places along the outskirts that it would not be detrimental. Allowing this use as a conditional use would give Council the option of permitting it and placing reasonable restriction on it in those locations where it would make sense. Automobile mechanical repair and sales are both conditional uses in the B3 zone and allowed in the M3 zone. RECOMMENDATION: That the Regional Planning Commission recommends that the Grand Island City Council approve the changes to the Grand Island Zoning Ordinance as requested. ___________________ Chad Nabity AICP, Planning Director §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business Zoning District. (1) Agencies as found in the Zoning Matrix [Attachment A hereto] (2) Boarding and lodging houses, fraternity and sorority houses (3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (5) Country clubs (6) Dwelling units (7) Elderly Home, Assisted Living (8) Group Care Home with less than eight (8) individuals (9) Hospitals, nursing homes, convalescent or rest homes (10) Hotel and motel uses (11) Mortuaries, funeral homes, and funeral chapels (12) Nonprofit community buildings and social welfare establishments (13) Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto] (14) Preschools, nursery schools, day care centers, children's homes, and similar facilities (15) Public parks and recreational areas (16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (17) Public and quasi-public buildings for cultural use (18) Radio and television stations (no antennae), private clubs and meeting halls (19) Railway right-of-way but not including railway yards or facilities (20) Retail activities of a prescriptive service provided it is limited to being secondary to said use. Retail space is limited to 25% of the total floor area (21) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] (22) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (23) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (24) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses (25) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Automobile body repair: subject to the following minimum standards: No storage of parts or unlicensed vehicles outside of an enclosed building, The facility shall meet or exceed all building and fire code requirements, (6) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 3,000 30 10 01 02 10 100% Conditional Uses 3,000 30 10 01 02 10 100% 1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than five feet or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided Amended by Ordinance No. 8947, effective 1-5-2005 Item F1 #9164 - Consideration of Assessments for Water Main District 455 - Parkview Area This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney ORDINANCE NO. 9164 An ordinance to assess and levy a special tax to pay the cost of construction of Water Main District No. 455 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts, and parcels of land specifically benefited, for the purpose of paying the cost of construction of said water main in said Water Main District 455, as adjudged by the Mayor and Council of said City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Eugene & Jacqualyne Heupel Lot 30, Block C, Park-View Subdivision $6,343.04 Michael & Jody Nelson Lot 38, Block D, Park-View Subdivision $6,343.04 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9164 (Cont.) - 2 - Jerrold & Linda Tjaden Lot 28, Block C, Park-View Subdivision $6,343.04 William & Sandra Lawrey Lot 36, Block D, Park-View Subdivision $6,343.04 William & Sandra Lawrey Lot 26, Block C, Park-View Subdivision $6,343.04 Roger C. Pape Lot 34, Block D, Park-View Subdivision $6,343.04 Patrick & Suzanne Dowd Lot 22, Block C, Park-View Subdivision Lot 24, Block C, Park-View Subdivision $6,343.04 Rocke & Marlene Beason Lot 32, Block D, Park-View Subdivision $6,343.04 Kris Mileczko Lot 30, Block D, Park-View Subdivision $6,343.04 Robert & Joanie Guerrero Lot 20, Block C, Park-View Subdivision $6,343.04 Aaron Wobig Lot 28, Block D, Park-View Subdivision $6,343.04 Thomas & Lorinda Lou Brown Lot 18, except the East 12th Feet of Block C, Park-View Subdivision $6,343.04 William & Sherri Tolle Lot 26, Block D, Park-View Subdivision $6,343.04 Waldo & Dorothy Ruhe Lot 16, Block C, Park-View Subdivision and the East 12 Feet of Lot 18, Block C, Park-View Subdivision $6,343.04 Charles & Christine Hoffman Lot 14, Block C, Park-View Subdivision $6,343.04 Geraldine Lee & David C. Fairchild Lot 24, Block D, Park-View Subdivision $6,343.04 James & Gaylene Von Housen Lot 22, Block D, Park-View Subdivision $6,343.04 Carol Castleberry Lot 12, Block C, Park-View Subdivision $6,343.04 Frank & Marlene Henke Lot 20, Block D, Park-View Subdivision $6,343.04 Brian & Trudi Henke Lot 18, Block D, Park-View Subdivision $6,343.04 Richard & Eurdis Willis Lot 8, Block C, Park-View Subdivision $6,343.04 Richard & Eurdis Willis Lot 10, Block C, Park-View Subdivision $6,343.04 Denny Fitzgerald Lot 16, Block D, Park-View Subdivision $6,343.04 Melvin & Eleanor Ruge Lot 6, Block C, Park-View Subdivision $6,343.04 Patricia & Keith Pirnie Lot 14, Block D, Park-View Subdivision $6,343.04 Ron & Elaine Schweitzer Lot 2, Commerce Subdivision $6,343.04 Edward Jr. & Phyllis Guzinski Lot 12, Block D, Park-View Subdivision $6,343.04 Dale J. Dey Ermand Lot 10, Block D, Park-View Subdivision $6,343.04 William Fred & Ellen Schritt Lot 2, Park Subdivision $6,343.04 Andrew & Kristen Bishop Lot 8, Block D, Park-View Subdivision $6,343.04 Ernest Kozisek Lot 17, Block D, Park-View Subdivision $6,343.04 Clifford & Katherine Christensen Lot 6, Block E, Park-View Subdivision $6,343.04 Joshua & Jessica Pottebaum Lot 15, Block D, Park-View Subdivision $6,343.04 Michelle Kohlhof Lot 5, Block E, Park-View Subdivision $6,343.04 ORDINANCE NO. 9164 (Cont.) - 3 - Rickey & Michelle Lockard Lot 13, Block D, Park-View Subdivision $6,343.04 Gary & DeVonne Schuett Lot 4, Block E, Park-View Subdivision $6,343.04 Max & Sandra Cates The West 96.8 Feet of Lot 11, Lot D, Park-View Subdivision $6,343.04 Warren & Deborah Norman Lot 3, Block E, Park-View Subdivision $6,343.04 Andrew W. & Flora E. Bolin, Trustees Lot 9, Block D, Park-View Subdivision and the East 10 feet of Lot 11, Block D, Park-View Subdivision $6,343.04 Steven & Ashley Krings Lot 2, Block E, Park-View Subdivision $6,343.04 Duane & Dinah Fredrick Lot 7, Block D, Park-View Subdivision $6,343.04 TOTAL $260,064.64 SECTION 2. The special tax shall become delinquent as follows: One-fifth of the total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years, respectively after the date of such levy. SECTION 3. The entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen (14%) per annum shall be paid thereof, until the same is collected and paid. SECTION 4. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 5. Such special assessments shall be paid into a fund to be designated as the "Water Fund 455". SECTION 6. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. ORDINANCE NO. 9164 (Cont.) - 4 - SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 22, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9165 - Consideration of Conveyance of Property Located at 415 East 9th Street Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: April 22, 2008 Subject: Consideration of Conveyance of Property Located at 415 East 9th Street Item #’s: F-2 Presenter(s): Joni Kuzma, Community Development Administrator Background The City purchased the building and property at 415 East 9th Street in March 1992 for $14,750 as a part of a Homestead Program using Community Development Block Grant funds. In August 1992, the home was sold to a Homestead participant for $1.00. As a part of this program, the City loaned $12,500 to the homeowner to make improvements to the home and there was another warranty deed for $14,500 with the homeowner. Both were released and the City resumed ownership of the property in 1995 when the homeowner defaulted on their mortgage. The property was rented between 1995 and 2007, but has been vacant since February 2007. The Council declared the property as surplus at the February 26, 2008 Council meeting. A Request for Proposals was published in the Grand Island Independent on Sunday, March 9th and sealed bids were accepted until March 25, 2008 at 4:00 p.m. Discussion Two sealed bids were received and recorded by the City Clerk’s office. Habitat for Humanity submitted the highest bid to purchase the property for $5,000, provided a timeline, and clearly outlined a plan to sell the property to a low-income home buyer, as originally outlined in the Homestead Program. The next step is for the Council to accept the bid and conditions for sale and approve a corresponding ordinance. Once the ordinance passes, the conditions of sale will be published for three consecutive weeks (April 29, May 6, and May 13, 2008). If no public remonstrance is filed within 30 days after final publication of the ordinance, the property can be conveyed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to accept the bid, approve the ordinance, and direct the City Clerk to publish the ordinance for three consecutive weeks following approval 2. Reject the bid 3. Take no action on the issue and retain the property. Recommendation City Administration recommends that the Council accept the bid, approve the ordinance, and direct the City Clerk to publish the ordinance for three consecutive weeks following approval. Sample Motion Move to accept the bid, approve the ordinance, and direct the City Clerk to publish the ordinance for three consecutive weeks following approval. Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney ORDINANCE NO. 9165 An ordinance directing and authorizing the sale of real estate to Grand Island Area Habitat for Humanity, Inc.; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City of Grand Island, Nebraska, will convey to Grand Island Area Habitat for Humanity, Inc. a tract of land legally described as: Lot Two (2), Block One Hundred Thirty Three (133), Union Pacific Railway Co’s Second Addition to the City of Grand Island, Hall County, Nebraska SECTION 2. In consideration for such conveyance the purchaser shall pay the City the sum of Five Thousand and No/100 Dollars ($5,000.00). The buyer will be responsible for the costs of recording the deed and one half the cost of a title insurance owner’s policy and all the cost of any lender’s policy. Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration pursuant to the terms and conditions of an Agreement for Warranty Deed between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. ORDINANCE NO. 9165 (Cont.) - 2 - Approved as to Form ‚ ___________ April 16, 2008 • City Attorney SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to Grand Island Area Habitat for Humanity, Inc. a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 22, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9166 - Consideration of Amendment to Chapter 36-70 of the Grand Island City Code Relative to Automobile Body Repair by Conditional Use Permit in the B3 - Heavy Business Zone This item relates to the aforementioned Public Hearing Item E-7. Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney ORDINANCE NO. 9166 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Section 36-70 pertaining to the B-3 Heavy Business Zone; to repeal Sections 36-70 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-70 of the Grand Island City Code is hereby amended to read as follows: §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business Zoning District. (1) Agencies as found in the Zoning Matrix [Attachment A hereto] (2) Boarding and lodging houses, fraternity and sorority houses (3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (5) Country clubs (6) Dwelling units (7) Elderly Home, Assisted Living (8) Group Care Home with less than eight (8) individuals (9) Hospitals, nursing homes, convalescent or rest homes (10) Hotel and motel uses (11) Mortuaries, funeral homes, and funeral chapels (12) Nonprofit community buildings and social welfare establishments (13) Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto] (14) Preschools, nursery schools, day care centers, children's homes, and similar facilities (15) Public parks and recreational areas (16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (17) Public and quasi-public buildings for cultur al use (18) Radio and television stations (no antennae), private clubs and meeting halls (19) Railway right-of-way but not including railway yards or facilities ORDINANCE NO. 9166 (Cont.) - 2 - (20) Retail activities of a prescriptive service provided it is limited to being secondary to said use. Retail space is limited to 25% of the total floor area (21) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] (22) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (23) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (24) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses (25) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Automobile body repair: subject to the following minimum standards: No storage of parts or unlicensed vehicles outside of an enclosed building, The facility shall meet or exceed all building and fire code requirements. (6) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 3,000 30 10 01 02 10 100% Conditional Uses 3,000 30 10 01 02 10 100% 1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. ORDINANCE NO. 9166 (Cont.) - 3 - 2 No side yard setback is required, but if provided, not less than five feet or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided Amended by Ordinance No. 8947, effective 1-5-2005 Amended by Ordinance No. 9166, effective 5-13-2008 SECTION 2. Section 36-70 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect May 13, 2008. Enacted: April 22, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9167 - Consideration of Exceptions to Chapter 27 of the Grand Island City Code Regarding Fuel Purchase and Delivery for the Fleet Services Division of the Public Works Department Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: April 22, 2008 Subject: Consideration of Exceptions to Chapter 27 of the Grand Island City Code Regarding Fuel Purchase and Delivery for the Fleet Services Division of the Public Works Department Item #’s: F-4 Presenter(s): Steven P. Riehle, Public Works Director Background On March 26, 2008 the Fleet Services Division of the Public Works Department advertised for bids for fuel delivery. The bids were requested because the current fuel prices push the cost for a tanker load over the $20,000 informal bid limit in the city code. Funds for the fuel were approved in the 2007/2008 budget. The estimate for such delivery was $3.10 per gallon for 10% ethanol gasoline and $3.60 per gallon for 5% number 2 bio- diesel. Discussion There was one response from the advertisement to bidders, but they did not submit a bid due to volatility with the fuel market. Currently each time the City is in need of fuel, the Fleet Services Superintendent contacts the three local gas suppliers and purchases fuel from the lowest priced company using a Purchase Order. The three local suppliers are Bosselman, Inc., Sapp Bros. Petroleum, Inc. and Aurora Co-op. These three local fuel suppliers were contacted to set a markup of $0.015 over the rack price at the pipeline. Fuel will be purchased from the supplier with the lowest quote, using the negotiated formula shown below. Price for fue l will be determined as follows: Pipeline Price $xx.xx per gallon Margin over rack price $0.015 per gallon Freight (estimated) $0.017 per gallon Fuel Surcharge (estimated) $0.003 per gallon Total Price Freight fees and fuel surcharges will vary due to fuel cost and inflation, at this time fees are after taxes and environmental fees. Fuel will come from the Doniphan pipeline directly to the Fleet Services Facility. We will generally purchase close to 10,000 gallons of fuel per tanker load. 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 Ordinance No. 9167 making the changes to fuel purchase and delivery. Sample Motion Move to approve changes to fuel purchase and delivery. Approved as to Form ¤ ___________ April 17, 2008 ¤ City Attorney ORDINANCE NO. 9167 An ordinance to be read in conjunction with Chapter 27 of the Grand Island City Code; to provide for fuel purchases by Fleet Services in excess of $20,000.00; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Fleet Services advertised for bids for fuel purchases expected to exceed $20,000.00 and received no bids. A mark-up of $0.015 per gallon of fuel has been negotiated with three local providers plus a reasonable delivery charge. For fuel purchases under $20,000.00, Fleet Services shall follow the procurement code. Prior to every purchase in excess of $20,000.00, quotes shall be solicited from three vendors based on the negotiated mark-up and reasonable delivery charge and purchased from the vendor with the lowest total quote. Different varieties of fuel may be purchased in the same tanker load provided that the fuel is purchased from the vendor with the lowest total price. SECTION 2. Section 27 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are not repealed but are to be read in conjunction with this ordinance. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. ORDINANCE NO. 9167 (Cont.) - 2 - Enacted: April 22, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Documents - Pawnbroker's Official Bonds for Bronx Pawn, G.I. Loan Shop, and Wayne's Pawn Shop Tuesday, April 22, 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: April 22, 2008 Subject: Approving Renewal of Pawnbroker Official Bond Item #’s: G-1 Presenter(s): RaNae Edwards, City Clerk Background Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business of pawnbroker are required to make application to the Mayor and City Council. Along with the application and fee, a bond is required which is to be approved by the Mayor and City Council. Each license expires on April 30th of each year and must be renewed prior to that date. Discussion Bronx Pawn, 386 North Pine Street; G.I. Loan Shop, 1004 West Second Street; and Wayne’s Pawn Shop, 203 West Third Street have submitted their application, fee, and bond for renewal of their pawnbroker’s license. (See attached) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the renewals 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 application and bond for renewal of pawnbroker’s license. Sample Motion Move to approve the renewal applications and bonds for Bronx Pawn, G.I. Loan Shop, and Wayne’s Pawn Shop. Item G2 Approving Minutes of April 8, 2008 City Council Regular Meeting Tuesday, April 22, 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 April 8, 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 April 8, 2008. Notice of the meeting was given in The Grand Island Independent on April 2, 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 Randy Fett, St. Paul’s Lutheran Church, 1515 South Harrison Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council Members Dustin Supencheck and Austin Witmer. Also mentioned was this Sunday the CYC would be doing their roadside trash pick up of 3 miles as a partner of the Clean Community System. PRESENTATIONS AND PROCLAMATIONS: Proclamation “April is for the Arts” Month, April 2008. Mayor Hornady proclaimed the month of April, 2008 as “April is for the Arts”. Marsha Dunn, Moonshell Arts & Humanities Council President was present to receive the proclamation. Proclamation “National Library Week” April 13-19, 2008. Mayor Hornady proclaimed the week of April 13-19, 2008 as “National Library Week”. Steve Fosselman, Library Director was present to receive the proclamation. Proclamation “Public Health Month” April, 2008. Mayor Hornady proclaimed the month of April 2008 as “Public Health Month”. Teresa Anderson, Executive Director of the Central District Health Department was present to receive the proclamation. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9162 – Consideration of Revisions to Chapter 8 of the Grand Island City Code Relative to International Building and Residential Codes #9163 – Consideration of Vacation of a Portion of Easement in Lot 5 and Lots 8 thru 15 of American Independence Subdivision (Gary E. and Mary G. Valasek) Page 2, City Council Regular Meeting, April 8, 2008 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 these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted. Craig Lewis, Building Department Director reported that Ordinance #9162 would amend Chapter 8 of the Grand Island City Code to the 2006 editions of the International Building and Residential codes. Discussion was held on basement codes which were not changed. Also discussed were insurance requirements. Steve Riehle, Public Works Director reported that Ordinance #9163 would vacate the easterly 8’ of the existing 20’ wide easement on the west side of Lot 5 and Lots 8 thru 15 of American Independence Subdivision. Motion by Nickerson, second by Ramsey to approve Ordinances #9162 and #9163. City Clerk: Ordinances #9162 and #9163 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9162 and #9163 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9162 and #9163 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Zapata, second by Brown to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of March 25, 2008 City Council Regular Meeting. Approving Appointment of John Folsom to the Business Improvement District #6 Initial Board. #2008-103 – Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2008 with OK Paving of Hordville, Nebraska in an Amount of $670,265.00. #2008-104 – Approving Certificate of Final Completion for Sanitary Sewer District No. 906 Replacement, Between Yund and Division Streets, from Plum Street to Vine Street with The Diamond Engineering Company of Grand Island Nebraska. #2008-105 – Approving Certificate of Final Completion for Street Improvement Project NO. 2007-P-5; Intersection of 10th Street and Adams Street/Broadwell Avenue with The Diamond Engineering Company of Grand Island Nebraska. Page 3, City Council Regular Meeting, April 8, 2008 #2008-106 – Approving Boundaries for Creation of Business Improvement District #7 and Establishing Initial Appointments to Board. #2008-107 – Approving Boundaries for Creation of Business Improvement District #8 and Establishing Initial Appointments to Board. #2008-108 – Approving Final Plat and Subdivision Agreement for NCC-1701 Subdivision. It was noted that Timothy L. Grandon, Ezelluen Z. Fox, and Donald H. & Dolores S. Muhs, owners had submitted the Final Plat and Subdivision Agreement for NCC-1701 Subdivision located west of Webb Road and south of Highway 2 for the purpose of platting 2 lots and shifting the property line between them. #2008-109 – Approving Bid Award for Campground Potable Water System for Heartland Public Shooting Park with Island Plumbing Company of Grand Island Nebraska in an Amount of $29,121.00. Councilmember Meyer abstained. PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of March 26, 2008 through April 8, 2008, for a total amount of $2,427,866.39. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 7:30 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of April 8, 2008 City Council Study Session Tuesday, April 22, 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 STUDY SESSION April 8, 2008 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on April 8, 2008. Notice of the meeting was given in the Grand Island Independent on April 5, 2008. Mayor Margaret Hornady called the meeting to order at 7:35 p.m. The following 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, City Attorney Dale Shotkoski, Public Works Director Steve Riehle, and Finance Director David Springer. Waste Water Treatment Plant Update. Steve Riehle, Public Works Director reported that the purpose of the Study Session was to update council on Solids Handling at the Waste Water Treatment Plant (WWTP), customer breakdown, Swift loading and Swift’s pre-treatment improvements, a review of past presentations on costs and the 2008 budget, along with discharge permit and future waste water operations. A PowerPoint presentation was presented. Mr. Riehle stated the City’s top wastewater customer was the Swift packing plant at 57%, customers at 38%, food processing 4% and implement manufacturer 1%. Reviewed were presentations to Council regarding the Waste Water Treatment Plant. Presented were the following advantages of Anaerobic Digestion: · Re liable and consistent process – widely used with successful track record · Lowest O & M costs · Major reduction in solids · Pathogen reduction (Class B) allows immediate land application · Improved de-watering ability of solids · Enclosed to control odors · Potential beneficial use of digester gas City Administration recommended moving forward with the RFP for consultant engineering services for the Acid Gas Anaerobic Digestion system. Discussion was held regarding construction started at the Swift Plant to build an anaerobic lagoon. Growth within Grand Island was discussed regarding the future needs of the waste water treatment plant. Discharge Permit and Swift Update: · Discharge Permit exceeded March 27th through March 31st - Total Suspended Solids Page 2, City Council Study Session, April 8, 2008 - Carbonaceous Biochemical Oxygen Demand (CBOD) · Elevated levels of CBOD considered cause of fish kill · Swift Update - Tuesday (April 8, 2008) meeting with NDEQ & EPA - Wednesday (April 9, 2008) meeting with City & JBS Swift & Company Discussion was held regarding the outcome of the April 9, 2008 meeting. It was hoped that the City could reach an agreement with Swift and avoid any more permit violations. Jeff Pederson, City Administrator commented that the April 9, 2008 meeting was to reach parameters for an agreement, fees, and costs through negotiations which may take several months to complete. Disaster planning was mentioned regarding the environment, steps taken to avoid any more problems, and penalties. Jeff Pederson, City Administrator commented on the importance of the WWTP and importance of planning for the future. Future management of WWTP was mentioned as there was no current Superintendent on staff. Mr. Pederson stated there was an option for a Public – Private Partnership for Wastewater Operations with the following points provided: · Agreement to provide complete operation, maintenance, and management services · City continues to own system · Private company required to transition current employees to employment with the company · Experience, expertise, innovative approaches aimed at increased efficiency and cost effectiveness · Five year contract · Request for statement of qualifications/proposals Discussion was held concerning the possibility of a Public – Private Partnership regarding costs of an RFP, benefits, ownership, enterprise fund, and control of costs, employee issues, policies and procedures currently used. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. RaNae Edwards City Clerk Item G4 #2008-110 - Approving Acquisition of Utility Easement - 4040 Gold Core Drive - ASAP Real Estate, LLC This item relates to the aforementioned Public Hearing Item E-2, Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney R E S O L U T I O N 2008-110 WHEREAS, a public utility easement is required by the City of Grand Island, from ASAP Real Estate, LLC, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on April 22, 2008, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at the southwest corner of Lot Twenty (20.0) Platte Valley Industrial Park Third Subdivision; thence N54°18’37”W, a distance of two hundred eighty two (282.0) feet. The side lines of the above described easement tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above-described easement and right-of-way containing a total of 0.127 acres, more or less, as shown on the plat dated 3/31/2008, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from ASAP Real Estate, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2008-111 - Approving Acquisition of Utility Easement - 1814 N. Eddy - 5-Points - Casey's General Store This item relates to the aforementioned Public Hearing Item E-3, Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney R E S O L U T I O N 2008-111 WHEREAS, a public utility easement is required by the City of Grand Island, from Casey’s Retail Company, a/k/a Casey’s General Store, to install, upgrade, maintain and repair public utilities and appurtenances, including water mains; and; WHEREAS, a public hearing was held on April 22, 2008, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at the southeast corner of the Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition, said point also being on the southwesterly right-of-way line of Eddy Street; thence running northwesterly along the northeasterly line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition, and the southwesterly right-of-way line of Eddy Street, on an assumed bearing of N29°53’54”W, a distance of seventy eight and ninety six hundredths (78.96) feet to the ACTUAL Point of Beginning; thence running S60°06’05”W, a distance of one hundred four and ninety nine hundredths (104.99) feet, to a point on the westerly line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition and to a point on the easterly right-of-way line of Broadwell Avenue; thence running N01°19’23”W, along the west line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition and the easterly right-of-way line of Broadwell Avenue, a distance of twenty two and seventy seven hundredths (22.77) feet; thence running N60°06’05”E, a distance of ninety four and nine hundredths (94.09) feet, to a point on the easterly line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition and to a point on the westerly right-of-way line of Eddy Street; thence running S29°53’54”E, along the easterly line of said Park Reserve of Gilbert’s Subdivision of Block One (1), Gilbert’s 2nd Addition and the westerly right-of-way line of Eddy Street, a distance of twenty (20.0) feet, to the ACTUAL Point of Beginning. The above-described easement and right-of-way containing 0.046 acres, more or less, as shown on the plat dated 3/25/2008, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Casey’s Retail Company, a/k/a Casey’s General Store, on the above-described tract of land. - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2008-112 - Approving Acquisition of Utility Easement - 3620 Old Potash Highway - Levander This item relates to the aforementioned Public Hearing Item E-4. Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney R E S O L U T I O N 2008-112 WHEREAS, a public utility easement is required by the City of Grand Island, from Brian D. Levander and Annette R. Levander, to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on April 22, 2008, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The northerly twenty (20.0) feet of Lot One (1), Commonwealth Business Park Sixth Subdivision; and The easterly twenty (20.0) feet of the westerly one hundred forty seven (147.0) feet of the northerly one hundred forty (140.0) feet of said Lot One, Commonwealth Business Park Sixth Subdivision. The above-described easement and right-of-way containing a total of 0.178 acres, more or less, as shown on the plat dated 4/4/2008, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Brian D. Levander and Annette R. Levander, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2008-113 - Approving Contract for 2008-PGS-P-1 - Area Paving at Platte Generating Station Tuesday, April 22, 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: April 22, 2008 Subject: Road Paving – Platte Generating Station Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background As part of the air emission permit issued for the Platte Generating Station by the Nebraska Department of Environmental Quality, fugitive dust is not allowed from the plant site. Included in fugitive dust is that from vehicle traffic on unpaved roads. To minimize the potential for this dust, the plant has implemented annual road paving projects. Discussion The specifications for the Road Paving-Platte Generating Station were advertised and issued for bid in accordance with the City Purchasing Code. Responses were received from the following bidders. The engineer’s estimate for this project was $50,000.00. Bidder Bid Price Castle Construction, Inc., Columbus, NE $ 43,967.59 The Diamond Engineering Company, Grand Island, NE $ 47,264.50 The Bids were reviewed by Utility Engineering Staff and have no exceptions. Both bids are below the engineer’s estimate of $50,000.00 and compliant with specifications. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for Road Paving - Platte Generating Station, to Castle Construction of Columbus, Nebraska, as the low responsive bidder in the amount of $43,967.59. Sample Motion Move to approve the contract with Castle Construction for Road Paving at Platte Generating Station in the amount of $43,967.59 as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: April 15, 2008 at 11:15 a.m. FOR: Contract 2008-PGS-P-1 Area Paving at PGS DEPARTMENT: Utilities ESTIMATE: $50,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: March 27, 2008 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Castle Construction, Inc. The Diamond Engineering Company Columbus, NE Grand Island NE Bid Security: IMT Insurance Company Universal Surety Company Exceptions: None None Bid Price: $43,967.59 $47,264.50 cc: Gary Mader, Utilities Director Pat Gericke, Utilities Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator Tom Barnes, Eng. Manager P1248 Approved as to Form ¤ ___________ April 17, 2008 ¤ City Attorney R E S O L U T I O N 2008-113 WHEREAS, the City of Grand Island invited sealed bids for area paving at Platte Generating Station, according to plans and specifications on file with the Utilities Department ; and WHEREAS, on April 15, 2008, bids were received, opened and reviewed; and; WHEREAS, Castle Construction, Inc., of Columbus, 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 $43,967.59; and WHEREAS, the bid of Castle Construction, Inc., is less than the estimate for the Road Paving at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Castle Construction, Inc., of Columbus, Nebraska in the amount of $43,967.59 for Road Paving at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2008-114 - Approving Acquisition of Public Utility Easement Located at 1404 Independence Avenue; Lot 12 of American Independence Subdivision (Gary E. and Mary G. Valasek) This item relates to the aforementioned Public Hearing Item E-5, Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney R E S O L U T I O N 2008-114 WHEREAS, a public utility easement is required by the City of Grand Island, from Gary E. and Mary G. Valasek, to construct and maintain the utilities at 1404 Independence Avenue, Lot 12 of American Independence Subdivision; and WHEREAS, a public hearing was held on April 22, 2008, for the purpose of discussing the proposed acquisition of an easement consisting of the northerly ten (10.0) feet of Lot Twelve (12), American Independence Subdivision, in the City of Grand Island, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Gary E. and Mary G. Valasek, on the above-described lot of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2008-115 - Approving Acquisition of Public Utility Easement Located at 1410 Independence Avenue; Lot 11 of American Independence Subdivision (Gary E. and Mary G. Valasek) This item relates to the aforementioned Public Hearing Item E-6, Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney R E S O L U T I O N 2008-115 WHEREAS, a public utility easement is required by the City of Grand Island, from Gary E. and Mary G. Valasek, to construct and maintain the utilities at 1410 Independence Avenue, Lot 11 of American Independence Subdivision; and WHEREAS, a public hearing was held on April 22, 2008, for the purpose of discussing the proposed acquisition of an easement consisting of the southerly ten (10.0) feet of Lot Eleven (11), American Independence Subdivision, in the City of Grand Island, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Gary E. and Mary G. Valasek, on the above-described lot of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2008-116 - Approving Bid Award for 47,000 GVW Dump Truck - Streets Division of the Public Works Department Tuesday, April 22, 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: April 22, 2008 Subject: Approving Bid Award for 47,000 GVW Dump Truck - Streets Division of the Public Works Department Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background On March 1, 2008 the Streets Division of the Public Works Department advertised for bids for the purchase of one (1) minimum 47,000 GVW Dump Truck. Funds for the truck were in the approved 2007/2008 budget. The estimate was $85,000.00. Discussion Four (4) bids were received and opened on March 18, 2008. The Streets Division of the Public Works Department and the Purchasing Division reviewed the bids that were received. The bid received for a Sterling truck from Wick's Sterling Trucks did not include sound dampening and weather insulation as required by section 12 of the specifications and has California emissions controls that shut the engine off every 5 minutes when idling. The bid for a Sterling truck with a Cummins Engine from Nebraska Truck Center meets the specifications. A summary of the bids received is shown below. Bidder Manufacturer Exceptions Total Bid w/o Extended Warranty Nebraska Peterbilt of Grand Island, NE Peterbilt w/ Crysteel Body Noted $88,372.00 Nebraska Peterbilt of Grand Island, NE Peterbilt w/ Galion Body Noted $86,317.00 Hansen International Truck, Inc. of Grand Island, NE International w/ Galion Body Noted $83,127.24 Wick’s Sterling Trucks of Omaha, NE Sterling w/ Crysteel Body Noted $83,682.00 Wick’s Sterling Trucks of Omaha, NE Sterling w/ Galion Body Noted $81,627.00 Nebraska Truck Center, Inc. of Grand Island, NE Sterling w/ Galion Body - MBE Engine Noted $82,892.00 Nebraska Truck Center, Inc. of Grand Island, NE Sterling w/ Galion Body – Cummins Engine Noted $81,794.00 Nebraska Truck Center, Inc. of Grand Island, NE Freightliner w/ Galion Body Noted $81,740.00 There are sufficient funds for this purchase in Account No. 10033501-85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve awarding the bid for one (1) 47,000 GVW Sterling Dump Truck with a Cummins Engine to Nebraska Truck Center, Inc. of Grand Island, Nebraska in the amount of $81,794.00. Sample Motion Move to approve the bid award to Nebraska Truck Center, Inc. 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: March 18, 2008 at 11:00 a.m. FOR: (1) 47,000 GVW Dump Truck DEPARTMENT: Public Works ESTIMATE: $85,000.00 FUND/ACCOUNT: 10033501-85625 PUBLICATION DATE: March 1, 2008 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Nebraska Peterbilt Hansen International Truck, Inc. Grand Island NE Grand Island NE Exceptions: Noted Noted Make: Peterbilt w/Galion Body International w/Galion Body Bid Price: $86,317.00 $83,127.24 Exceptions: Noted Make: Peterbilt w/Crysteel Body Bid Price: $88,372.00 Bidder: Wick’sSterling Trucks Nebraska Truck Center, Inc. Omaha, NE Grand Island NE Exceptions: Noted Noted Make: Sterling w/Galion Body Freightliner w/Galion Body Bid Price: $81,627.00 $81,740.00 Exceptions: Noted Noted Make: Sterling w/Crysteel Body Sterling w/Galion Body Bid Price: $83,682.00 $81,794.00 Cummins Engine $82,892.00 MBE Engine P1237 Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney R E S O L U T I O N 2008-116 WHEREAS, the City of Grand Island invited sealed bids for One (1) 47,000 GVW Dump Truck, according to specifications on file with the City Engineer; and WHEREAS, on March 18, 2008, bids were received, opened and reviewed; and WHEREAS, Nebraska Truck Center, Inc. of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $81,794.00, and WHEREAS, Nebraska Truck Center, Inc’s bid is less than the estimate for such vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Truck Center, Inc. of Grand Island, Nebraska, in the amount of $81,794.00 for one 47,000 GVW Dump Truck is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2008-117 - Approving Confidentiality and Nondisclosure Agreements with Omaha Public Power District (OPPD) and Nebraska Public Power District (NPPD) Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: April 22, 2008 Subject: Electric Rate Study: Approving Confidentiality and Nondisclosure Agreements with Omaha Public Power District (OPPD) and Nebraska Public Power District (NPPD). Item #’s: G-11 Presenter(s): Dave Springer, Finance Director Background At the November 13, 2007 council meeting, a contract was approved with Christensen Associates to perform a load profiling and cost-of-service study for the Electric Department. Some of the core work of this study entailed gathering consumption information and usage patterns on our customer base. We anticipated having to randomly install a number of interval data recorders, or “smart meters”, to gather data for statistical analysis. Discussion In discussions with OPPD and NPPD, we were informed that they have load profile data for their customers, for which, we believe there is good correlation to our customer base, at a minimum, at least, for residential customers. They have agreed to provide this data to Grand Island for the nominal fees of $900 and $2,500 respectively. They have requested, however, that the City execute confidentiality and nondisclosure agreements that state that the information will only be used by authorized personnel and be used for the City’s load profiling and cost-of-service study as indicated. This is a reasonable request and will save the City considerable costs in having to install many fewer smart meters than originally estimated, as well as speeding up the analytical work. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Resolution. Sample Motion Move to approve the Resolution to execute confidentiality and nondisclosure agreements with OPPD and NPPD. Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney R E S O L U T I O N 2008-117 WHEREAS, the City Electric Department has previously entered into a contract with Christensen Associates to perform a load profiling and cost-of-service study; and WHEREAS, this study entails the gathering of consumption and usage pattern information on our customer base for statistical analysis; and WHEREAS, Omaha Public Power District (OPPD) and Nebraska Public Power District (NPPD) have such data on their customers which they have agreed to make available to Grand Island; and WHEREAS, OPPD and NPPD have requested that the City execute Confidentiality and Nondisclosure agreements on their behalf; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute Confidentiality and Nondisclosure agreements with OPPD and NPPD relative to their customer data. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2008-118 - Approving the Furnishing of WAS Holding Tank Diffusers, Project 2008-WWTP-1, for the Waste Water Division of the Public Works Department Tuesday, April 22, 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: April 22, 2008 Subject: Approving the Furnishing of WAS Holding Tank Diffusers, Project 2008-WWTP-1, for the Waste Water Division of the Public Works Department Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background On March 31, 2008 the Waste Water Division of the Public Works Department advertised for bids for the furnishing of WAS Holding Tank Diffusers. Discussion Two (2) bids were received and opened on April 15, 2008. The Purchasing and Waste Water Divisions for the City have reviewed the bids. SSI-Aeration, Inc. of Poughkeepsie, New York has met all specifications for the holding tank diffusers and their bid of $56,700.00 is below the estimate of $115,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve awarding the bid for furnishing WAS Holding Tank Diffusers to SSI-Aeration, Inc. of Poughkeepsie, New York in the amount of $56,700.00. Sample Motion Move to approve the bid award. 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: April 15, 2008 at 11:00 a.m. FOR: Furnishing & Installing WAS Holding Tank Diffusers WWTP Projects 2008-WWTP-1 and 2008-WWTP-2 DEPARTMENT: Public Works ESTIMATE: $115,000.00 Project 2008-WWTP-1 Furnish $ 60,000.00 Project 2008-WWTP-2 Install FUND/ACCOUNT: 53030054-85213-53044 PUBLICATION DATE: March 31, 2008 NO. POTENTIAL BIDDERS: 12 SUMMARY INSTALL WAS HOLDING TANK DIFFUSERS - PROJECT 2008-WWTP-2 Bidder: Judds Brothers Construction Co. The Diamond Engineering Co. Lincoln, NE Grand Island NE Bid Security: Inland Insurance Company Universal Surety Company Exceptions: None None Bid Price: $71,421.00 $69,000.00 Bidder: A & D Millwright, Inc. SSI-Aeration, Inc. Grand Island NE Poughkeepsie, NY Bid Security: Western Surety Company $2,835.00 Exceptions: None None Bid Price: $49,700.00 $56,700.00 Bidder: Industrial Process Technology, Inc. Environmental Dynamics, Inc. Mitchell, SD Columbia, MO Bid Security: Travelers Casualty & Surety Co. $3,500.00 Exceptions: None None Bid Price: $46,268.00 $67,650.00 FURNISH WAS HOLDING TANK DIFFUSERS - PROJECT 2008-WWTP-1 Bidder: SSI-Aeration, Inc. Environmental Dynamics, Inc. Poughkeepsie, NY Columbia, MO Bid Security: $2,835.00 $3,500.00 Exceptions: None None Bid Price: $56,700.00 $67,650.00 cc: Steve Riehle, Public Works Director Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator Brad Titman, WWTP P1247 Approved as to Form ¤ ___________ April 17, 2008 ¤ City Attorney R E S O L U T I O N 2008-118 WHEREAS, the City of Grand Island invited sealed bids for Furnishing WAS Holding Tank Diffusers, Project 2008-WWTP-1, according to specifications on file with the Waste Water Division; and WHEREAS, on April 15, 2008, bids were received, opened and reviewed; and WHEREAS, SSI-Aeration, Inc. of Poughkeepsie, New York, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $56,700.00, and WHEREAS, SSI-Aeration, Inc.’s bid is less than the estimate for such material. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of SSI-Aeration, Inc. of Poughkeepsie, New York, in the amount of $56,700.00 for furnishing WAS Holding Tank Diffusers is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with SSI-Aeration, Inc. for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2008-119 - Approving the Installation of WAS Holding Tank Diffusers, Project 2008-WWTP-2, for the Waste Water Division of the Public Works Department Tuesday, April 22, 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: April 22, 2008 Subject: Approving the Installation of WAS Holding Tank Diffusers, Project 2008-WWTP-2 for the Waste Water Division of the Public Works Department Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background On March 31, 2008 the Waste Water Division of the Public Works Department advertised for bids for the installation of WAS Holding Tank Diffusers. Discussion Four (4) bids were received and opened on April 15, 2008. The Purchasing and Waste Water Divisions for the City have reviewed the bids. Industrial Process Technology, Inc. of Mitchell, South Dakota meets all requirements for the installation of the holding tank diffusers and their bid of $46,268.00 is below the estimate of $60,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve awarding the bid for installation of WAS Holding Tank Diffusers to Industrial Process Technology, Inc. of Mitchell, South Dakota in the amount of $46,268.00. Sample Motion Move to approve the bid award. 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: April 15, 2008 at 11:00 a.m. FOR: Furnishing & Installing WAS Holding Tank Diffusers WWTP Projects 2008-WWTP-1 and 2008-WWTP-2 DEPARTMENT: Public Works ESTIMATE: $115,000.00 Project 2008-WWTP-1 Furnish $ 60,000.00 Project 2008-WWTP-2 Install FUND/ACCOUNT: 53030054-85213-53044 PUBLICATION DATE: March 31, 2008 NO. POTENTIAL BIDDERS: 12 SUMMARY INSTALL WAS HOLDING TANK DIFFUSERS - PROJECT 2008-WWTP-2 Bidder: Judds Brothers Construction Co. The Diamond Engineering Co. Lincoln, NE Grand Island NE Bid Security: Inland Insurance Company Universal Surety Company Exceptions: None None Bid Price: $71,421.00 $69,000.00 Bidder: A & D Millwright, Inc. SSI-Aeration, Inc. Grand Island NE Poughkeepsie, NY Bid Security: Western Surety Company $2,835.00 Exceptions: None None Bid Price: $49,700.00 $56,700.00 Bidder: Industrial Process Technology, Inc. Environmental Dynamics, Inc. Mitchell, SD Columbia, MO Bid Security: Travelers Casualty & Surety Co. $3,500.00 Exceptions: None None Bid Price: $46,268.00 $67,650.00 FURNISH WAS HOLDING TANK DIFFUSERS - PROJECT 2008-WWTP-1 Bidder: SSI-Aeration, Inc. Environmental Dynamics, Inc. Poughkeepsie, NY Columbia, MO Bid Security: $2,835.00 $3,500.00 Exceptions: None None Bid Price: $56,700.00 $67,650.00 cc: Steve Riehle, Public Works Director Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator Brad Titman, WWTP P1247 Approved as to Form ¤ ___________ April 17, 2008 ¤ City Attorney R E S O L U T I O N 2008-119 WHEREAS, the City of Grand Island invited sealed bids for Installing WAS Holding Tank Diffusers, Project 2008-WWTP-2, according to specifications on file with the Waste Water Division; and WHEREAS, on April 15, 2008, bids were received, opened and reviewed; and WHEREAS, Industrial Process Technology, Inc. of Mitchell, South Dakota, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $46,268.00, and WHEREAS, Industrial Process Technology, Inc.’s bid is less than the estimate for such work. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Industrial Process Technology, Inc. of Mitchell, South Dakota, in the amount of $46,268.00 for installing WAS Holding Tank Diffusers is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with Industrial Process Technology, Inc. for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2008-120 - Consideration of Request from A. Meier, Inc. dba Bandits, 1016 N. Diers Avenue, Suite #118 for an Addition to Class "C-63264" Liquor License This item relates to the aforementioned Public Hearing Item E-1, Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ April 16, 2008 ¤ City Attorney R E S O L U T I O N 2008-120 WHEREAS, an application was filed by A. Meier, Inc., doing business as Bandits, 1016 North Diers Avenue, Suite 118 for an addition to their Class "C-63264" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 12, 2008; such publication cost being $16.03; and WHEREAS, a public hearing was held on April 22, 2008, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license addition contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license addition. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license addition with the following stipulations: ___________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license addition for the following reasons: __________________________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2008-121 - Consideration of Approving Letter of Support for Essential Air Service (EAS) to the Department of Transportation (DOT) Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo From: Jeff Pederson, City Administrator Meeting: April 22, 2008 Subject: Essential Air Service Recommendation Item #’s: I-2 Presenter(s): Mike Ols on, AAE Central Nebraska Regional Airport Executive Director Background The Department of Transportation developed a program entitled Essential Air Service (EAS) several years ago to assure that smaller rural communities would be provided with passenger air service. The program provides subsidies to commercial air carriers to offset the cost of offering such service in areas where ridership cannot be to the level to achieve profitability. This program is intended to help small communities in economic development, community development and population stabilization. Hall County has benefited from this program over the last few years by assuring that the area continued flight service for citizens and businesses. On January 16, 2008 the current air carrier, Mesa Airlines, filed a "Notice of Termination of Service". The Department of Transportation asked for bids from air carriers for the various EAS communities for the continuation of air service. The Central Nebraska Regional Airport received bids from two airlines: Great Lakes Aviation and Hawaii Island Air. A summary of the proposals is attached for City Council review. Discussion The Department of Transportation encourages public input into the process to secure EAS providers. On April 9, 2008 the Central Nebraska Regional Airport Board conducted a public meeting to seek input from citizens and businesses concerning air service. Mike Olson, Executive Director will be on hand to present the outcome of the public participation process and results of a recently comp leted survey for City Council review. He will also present a recommendation from the Airport Authority Board requesting concurrence from the Grand Island City Council in support for Hawaii Island Air - Option #1. 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 accept the recommendation of the Hall County Airport Authority Board submitted by Hawaii Island Air and pass resolution #2008-121 to authorize the Mayor to send a letter to the Department of Transportation expressing support of such proposal. Sample Motion Motion to accept the recommendation of the Hall County Airport Authority Board submitted by Hawaii Island Air and pass resolution #2008-121 to authorize the Mayor to send a letter to the Department of Transportation expressing support of such proposal. Approved as to Form ¤ ___________ April 18, 2008 ¤ City Attorney R E S O L U T I O N 2008-121 WHEREAS, the Central Nebraska Regional Airport has been working diligently to improve the air service options available to central Nebraskans and to increase the number of enplanements from the local airport; and WHEREAS, the current air carrier, Mesa Airlines, filed a “Notice of Termination of Service”; and WHEREAS, on April 11, 2008, the Hall County Airport Authority Board approved a resolution authorizing a recommendation to the Department of Transportation to allow Hawaii Island Air of Honolulu, Hawaii to provide two (2) weekly round trip nonstop flights to Kansas City, Missouri; and WHEREAS, the recommendation would serve more passengers in central Nebraska, and would be the best use of federal Essential Air Service subsidies; and WHEREAS, the City of Grand Island supports the efforts to increase affordable, convenient options for air travel for central Nebraska; and WHEREAS, the Hawaii Island Air of Honolulu, Hawaii offers the best proposal with the goal of reaching self sufficiency in a more timely manner from EAS; and WHEREAS, increased air traffic to serve central Nebraska would be a valuable asset to the community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor and City Council of the City of Grand Island hereby pledge their full support, endorsement, and cooperation with the efforts of the Hall County Airport Authority in submitting a recommendation to the Department of Transportation seeking Essential Air Service improvement funding to allow Hawaii Island Air of Honolulu, Hawaii to provide two (2) weekly round trip nonstop flights to Kansas City, Missouri. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to send a letter to the Department of Transportation expressing support of such proposal. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of April 9, 2008 through April 22, 2008 The Claims for the period of April 9, 2008 through April 22, 2008 for a total amount of $2,576,950.15. A MOTION is in order. Tuesday, April 22, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council