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05-13-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, May 13, 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 - Pastor Scott Friesen, Berean Bible Church, 4116 West Capital Avenue 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 "Employee Health and Fitness Week" May 19-23, 2008 Because most American working adults spend most of their waking hours at work, it is important to focus on employee health and fitness programs. Employee health and fitness is associated with improved productivity and morale, decreased use of health benefits, and decreased employee turnover rates. Mayor Hornady has proclaimed the week of May 19-23, 2008 as "Employee Health and Fitness Week". See attached PROCLAMATION. Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item E1 Public Hearing on Request from Black Chip Entertainment & Hospitality dba Johnny Casinos, 3421 Conestoga Drive for a Class "C" Liquor License Tuesday, May 13, 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: May 13, 2008 Subject: Public Hearing on Request from Black Chip Entertainment & Hospitality dba Johnny Casinos, 3421 Conestoga Drive for a Class “C” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Black Chip Entertainment & Hospitality dba Johnny Casinos, 3421 Conestoga Drive has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Also included with the application was a request from Daniel Stormer, 400 Winter Avenue, Glenvil, Nebraska for a Liquor Manager designation. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application from Black Chip Entertainment & Hospitality dba Johnny Casinos, 3421 Conestoga Drive for a Class “C” Liquor License contingent upon final inspections and the request from Daniel Stormer, 400 Winters Avenue, Glenvil, Nebraska for Liquor Manager designation contingent upon Mr. Stormer completing a state approved alcohol server/seller training program. Item E2 Public Hearing on Request from White Horse Tavern, Inc. dba White Horse Tavern, 1803 West North Front Street for an Addition to their Class “C-04161” Liquor License Tuesday, May 13, 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: May 13, 2008 Subject: Public Hearing on Request from White Horse Tavern, Inc. dba White Horse Tavern, 1803 West North Front Street for an Addition to Class “C-04161” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background White Horse Tavern, Inc. dba White Horse Tavern, 1803 West North Front Street has submitted an application for an addition to their Class “C-04161” Liquor License. The request includes an area of approximately 25’ x 50’ to be added to the east 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 a 25’ x 50’ addition on the east side of the White Horse Tavern, Inc. dba White Horse Tavern, 1803 West North Front Street, Liquor License “C-04161” contingent upon final inspections. Item F1 #9164 - Consideration of Vacation of a Portion of East 6th Street (East of 1003 East 6th Street) Tuesday, May 13, 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: May 13, 2008 Subject: Consideration of Vacation of a Portion of East 6th Street (East of 1003 East 6th Street) Item #’s: F-1 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is required for vacation of a public street through the passing of an Ordinance. The abutting property owners have requested that the east end of East 6th Street be vacated. Discussion The purchasers of adjoining lots desire to have this dead end street vacated for better utilization of land for a new residential subdivision. Since this land abuts the railroad right of way it appears to have limited function. 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 vacation of a portion of East 6th Street; east of 1003 East 6th Street in Evans Addition Subdivision. Sample Motion Move to approve the vacation of a portion of East 6th Street. Approved as to Form ¤ ___________ May 9, 2008 ¤ City Attorney ORDINANCE NO. 9164 An ordinance to vacate a portion of an existing right of way and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; 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. That a portion of an existing right of way of East 6th Street, more particularly described as follows: A tract of land comprising a part of East Sixth (6th) Street lying west of the westerly right of way line of the Union Pacific Railroad and between Fractional Blocks One (1) and Six (6), in Evans Addition to the City of Grand Island, Nebraska, and more particularly described as follows: Beginning at the southeast corner of Fractional Lot Eight (8) of said Fractional Block One (1); thence running southerly along the westerly right of way line of the Union Pacific Railroad on an Assumed Bearing of S00°00’00”W, a distance of Eighty Eight and Eighty Eight Hundredths (88.88) feet, to the northeast corner of Fractional Lot Four (4) of said Fractional Block Six (6), thence running S64°15’18”W along the northwest line of said Fractional Block Six (6), a distance of Forty One and Nineteen Hundredths (41.19) feet, to a point on a curve; thence running northwesterly along the arc of a curve to the left whose radius is Fifty (50.00) feet, the long chord of which bears N25°04’31”W, a long chord distance of Eighty and Five * This Space Reserved for Register of Deeds * ORDINANCE NO. 9164 (Cont.) - 2 - Hundredths (80.05) feet, to a point on the southeasterly line of said Fractional Block One (1); thence running N64°14’33”E, along the southeasterly line of said Fractional Block One (1), a distance of Seventy Eight and Eighty Six Hundredths (78.86) feet, to the point of beginning and containing 0.0846 acres more or less (3685 Sq. Ft.). is hereby vacated. Such right-of-way to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this Ordinance shall revert to the owner or owners of the real estate abutting the same to wit; Fractional Lots Four (4), Five (5), Six (6), Seven (7), and Eight (8) of Evans Addition. SECTION 3. This Ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 13, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of April 17, 2008 Special Study Session/Goals and Budget Retreat Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION (GOALS & BUDGET RETREAT) April 17, 2008 Pursuant to due call and notice thereof, a Study Session (Retreat) of the City Council of the City of Grand Island, Nebraska was conducted at the Edith Abbot Memorial Library, 211 North Washington Street on April 17, 2008. Notice of the meeting was given in the Grand Island Independent on April 9, 2008. Mayor Margaret Hornady called the meeting to order at 5:00 p.m. The following members were present: Councilmember’s Nickerson, Brown, Gilbert, Haase, Meyer, Niemann, Ramsey, Carney, and Zapata. Councilmember Gericke was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, and Assistant to the City Administrator Paul Briseno. INTRODUCTION: City Administrator Jeff Pederson thanked the Mayor and council for attending. 2007-2008 GOALS AND UPDATE: Assistant to the City Administrator Paul Briseno updated the Mayor and Council on the 2007- 2008 City Council Goals. Public Safety: · Completed construction on Fire Station #1 · Completed construction on Police/Sheriff Law Enforcement Center · Emergency Communication center in progress Infrastructure: · Railroad Corridor Study Government Efficiency: · Inter local partnerships were taking place with Public Works and Building Departments · City Code review and updates – Building and Public Works would be coming forward Quality of Life: · Library expansion completed · Start construction of Aerated Static Pile facility needs to come off Public Health: · Smoking Ban to take effect June 1, 2008 Page 2, City Council Special Study Session (Goals & Budget Retreat), April 17, 2008 Discussion was held on the Island Oasis children’s play area. Steve Paustian, Parks & Recreation Director commented this was ready to go pending funding. Emergency Communication Center (ECC) was discussed with funding provided through a County grant. Cell phone 50 cent funding was mentioned with an explanation from Jon Rosenlund regarding how the ECC budget worked. David Springer explained the landline and cell phone revenue s and General fund and E-911 funds. E-911 surcharge was collected by the state. BUDGET OVERVIEW: David Springer presented the sales tax and property tax analysis with regards to the 1/2% sales tax initiative. The additional property tax relief equaled a property tax revenue loss in the amount of $2,369,333. Expenditures were not keeping up with revenues. Several union contracts were in the process of negotiations. 3% to 3½% increase in personnel costs in the General Fund was expected for 2008-2009. 70% of the general fund was for personnel costs. Capital projects were presented and discussed. The following overview of the budget was presented: · Revenues not keeping up with personnel costs, let alone other operating. · Property Tax and Sales Tax Analysis. · Estimated sales tax growth and a return to .25 property levy only generated abot $675k, while personnel costs increased nearly $800, · Nearly 70% of General Fund operating was personnel. Any new FTEs requested would need persuasive justifications. · Capital Projects fund had $14.8 million penciled in for 2009 & $11.7 million for 2010, as detailed on pages 212-214 of the Budget Book. These would have to be pared at least in half, even with state/federal contributions. · Would need to transfer over a million from Police/Fire backstop reserves. · Need direction on outside agencies. Humane Society handled with RFP. · Goal of case reserves in the $5-6 million range. · Ongoing annual commitments: - Economic Development Corporation; $750,000 - Library bonds; $830,000; 2016 - Event Center bonds; $570,000; 2025 - Law Enforcement Center bonds; $855,000; 2018 Page 3, City Council Special Study Session (Goals & Budget Retreat), April 17, 2008 OUTSIDE AGENCIES: Page 4, City Council Special Study Session (Goals & Budget Retreat), April 17, 2008 The City has issued a Request for Proposals for Humane Society services. Discussion was held concerning a future study session, criteria, and a phasing out for supporting these agencies. Councilmember Nickerson recommended a committee be appointed to review the criteria for outside agencies. Councilmember Carney suggested we find out what the value was to the city from each agency. Mayor Hornady suggested this be the last year to fund these agencies. Councilmember Gericke was present at 6:20 p.m. TIMETABLE AND BUDGET PROCESS: Finance Director David Springer presented the following overview of the budget timeline: · Concentration heavily on the General Fund which operates the City’s functions. Enterprise Funds function as business entities, receive no tax monies. Any rate changes must be approved by council. · Departments submit 2008 projections and new budget request mid-May. · Departmental conferences with City Administrator/Finance Director, end of May. · Council involvement and various actions, June into September. Councilmember Carney was absent at 7:10 p.m. STATE FAIR PRESENTATION: Don Dunn, Chairman of the Board of the Grand Island Area Chamber of Commerce presented a PowerPoint on the State Fair moving to Grand Island. Economic impact, increased city sales tax revenues, enhanced utilization of the Heartland Events Center, showcase importance of Nebraska agriculture were a few to the reasons to have the State Fair come to Grand Island. The process of bringing the State Fair to Grand Island was presented. Mr. Dunn explained the following Financial Contributions: Total Improvements = $42 million Outside Funding = $33.5 million Community Funding = $8.5 million The following Community’s Funding Opportunities were presented: · Public/Private Partnerships · Support from corporations, individuals, local and state-wide foundations · Potential revenue stream from public sources * City occupation tax expansion paid by non-residents * Hall County Agricultural Society * Economic Development and/or CRA funds, County keno proceeds The following were proposed City Involvement opportunities: · North/South Road to provide for improved transportation convenience, pedestrian safety and emergency responder accessibility · Infrastructure (parking lot, lighting, recreation, paving, drainage, relocation/extension of utilities) Page 5, City Council Special Study Session (Goals & Budget Retreat), April 17, 2008 · 10% match of State Lottery Proceeds to State Fair Cindy Johnson and Jay Vavricek were present to answer questions. Discussion was held regarding the $8.5 million funding. Any improvements made by the City within the Fonner Park area goes towards the $8.5 million, such as dedicated streets, water/sewer lines, electrical lines, engineering costs, etc. The impact of the State Fair on the City of Lincoln was $27 million gross. Funding sources were reviewed such as Keno, CRA, EDC - LB 840 funds and bonding up to $5 million without going to a vote of the people. Possible joint bonding with the City and County was mentioned. Other sources were mentioned such as Community Development Block Grants, turn back tax, public/private donations, corporations, hotel/motel occupation tax, etc. Jay Vavricek commented on the increased activity to the City of Grand Island to get the State Fair here through new jobs, construction, etc. He stressed it would take the whole community working together to make this work. Mr. Dunn stated LB 1116 would to be signed by Governor Heinemann at Fonner Park tomorrow morning to move the State Fair to Grand Island. The bill included a provision to have a representative from Grand Island on the State Fair board. Discussion was held on who would own the buildings on the sight. Mr. Dunn stated the State Fair would not own the buildings. Further discussion would need to be held, but would be owned by the community of Grand Island. The next step for the City would be to create a committee including City, County, CRA, Chamber, etc. representatives to discuss financing issues. 2008-2009 GOALS DEVELOPMENT: City Administrator Jeff Pederson commented on the reformation and adoption of a new set of goals. Mentioned were goal statements to drive the objectives. Mayor Hornady thanked everyone in attendance. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of April 22, 2008 City Council Regular Meeting Tuesday, May 13, 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 22, 2008 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on April 22, 2008. Notice of the meeting was given in The Grand Island Independent on April 16, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. Councilmember Brown was absent. The following City Officials were present: City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Pastor Craig Niemeier, Zion Lutheran Church, Worms, Nebraska followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady mentioned City Administrator Jeff Pederson would a few minutes late. Mayor introduced Community Youth Council Members Jeff Seim and Megan Bombeck. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Tourism Recognition Month”, May 2008. Mayor Hornady proclaimed the month of May, 2008 as “Tourism Recognition Month”. Tricia Beem and Liz Gerberding with the Convention Visitors Bureau were present to receive the proclamation and updated the Mayor and Council on activities throughout the year. ADJOURN TO BOARD OF EQUALIZATION: Motion by Nickerson, second by Zapata, carried unanimo usly to adjourn to the Board of Equalization. #2008-BE-1 – Consideration of Determining Benefits for Water Main District No. 455 – Parkview Area. Gary Mader, Utilities Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for Water Main District No. 455 – Parkview Area. Motion by Nickerson, second by Zapata to approve Resolution #2008-BE-1. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Nickerson, second by Zapata carried unanimously to return to Regular Session. PUBLIC HEARINGS: 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. RaNae Edwards, City Clerk reported that an application had been received from A. Meier, Inc. dba Bandits, 1016 N. Diers Avenue, Suite 118 Page 2, City Council Regular Meeting, April 22, 2008 for an addition to Class “C-63264” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on April 8, 2008; notice to the general public of date, time, and place of hearing published on April 12, 2008; notice to the applicant of date, time, and place of hearing mailed on April 8, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 4040 Gold Core Drive (ASAP Real Estate, LLC). Gary Mader, Utilities Director reported that a utility easement was needed at 4040 Gold Core Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place underground high voltage cable and a pad-mounted transformer to provide the new ASAP building with electrical power. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1814 N. Eddy Street – Five-Points (Casey’s General Store). Gary Mader, Utilities Director reported that a utility easement was needed at 1814 N. Eddy Street (Broadwell Avenue and Eddy Street – Five Points) in order to have access to install, upgrade, maintain, and repair power appurtenances, including a water main. The easement would be used to allow public access and ownership of the water main to be relocated for the expansion of Casey’s Retail Store. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 3620 Old Potash Highway (Brian and Annette Levander). Gary Mader, Utilities Director reported that a utility easement was needed at 3620 Old Potash Highway in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place high voltage cable and a pad-mounted transformer to provide electric service to a new auto sales and service building. Staff recommended approval. No public testimony was heard. 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). Steve Riehle, Public Works Director reported that a public utility easement was needed at 1404 Independence Avenue in order to allow construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Staff recommended approval. No public testimony was heard. 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). Steve Riehle, Public Works Director reported that a public utility easement was needed at 1410 Independence Avenue in order to allow construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Staff recommended approval. No public testimony was heard. 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. Chad Nabity, Regional Planning Director reported that Rick Johnson an owner of property located in the B3 Heavy Business Zone requested amending Chapter 36-70 of the Grand Island City Code Page 3, City Council Regular Meeting, April 22, 2008 to allow automobile body repair as a conditional use to the B3 Zoning District. Staff recommended approval. No public testimony was heard. 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: #9164 – Consideration of Assessments for Water Main District No. 455 – Parkview Area #9165 – Consideration of Conveyance of Property Located at 415 East 9th Street #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 #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 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 Gericke second the motion. Upon roll call vote, all voted aye. Motion adopted. Ordinances #9164 and #9166 related to the aforementioned Public Hearings. City Administrator Jeff Pederson was present at 7:25 p.m. Joni Kuzma, Community Development Administrator reported Ordinance #9165 was a City owned building and property located at 415 East 9th Street. Sealed bids were received after declaring the property as surplus. Habitat for Humanity submitted the highest bid to purchase the property for $5,000.00 along with timeline and plan for the property. Steve Riehle, Public Works Director reported that Ordinance #9167 would allow exceptions to Chapter 27 of the Grand Island City Code regarding purchasing and delivery of fuel for the Fleet Services Division of the Public Works Department. Motion by Meyer, second by Gilbert to approve Ordinances #9164, #9165, #9166 and #9167. City Clerk: Ordinances #9164, #9165, #9166 and #9167 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 #9164, #9165, #9166 and #9167 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 #9164, #9165, #9166 and #9167 are declared to be lawfully adopted upon publication as required by law. Page 4, City Council Regular Meeting, April 22, 2008 CONSENT AGENDA: Motion by Zapata, second by Haase to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Receipt of Official Documents – Pawnbroker’s Official Bonds for Bronx Pawn, 386 North Pine Street; G.I. Loan Shop, 1004 West Second Street; and Wayne’s Pawn Shop, 203 West Third Street. Approving Minutes of April 8, 2008 City Council Regular Meeting. Approving Minutes of April 8, 2008 City Council Study Session. #2008-110 – Approving Acquisition of Utility Easement Located at 4040 Gold Core Drive (ASAP Real Estate, LLC). #2008-111 – Approving Acquisition of Utility Easement Located at 1814 North Eddy Street (Casey’s General Store). #2008-112 – Approving Acquisition of Utility Easement Located at 3620 Old Potash Highway (Brian D. and Annette R. Levander). #2008-113 – Approving Contract for 2008-PGS-P-1 – Area Paving at Platte Generating Station with Castle Construction, Inc. of Columbus, Nebraska in an Amount of $43,967.59. #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). #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). #2008-116 – Approving Bid Award for 47,000 GVW Dump Truck for Streets Division of the Public Works Department with Nebraska Truck Center, Inc. of Grand Island, Nebraska in an Amount of $81,794.00. #2008-117 – Approving Confidentiality and Nondisclosure Agreements with Omaha Public Power District (OPPD) and Nebraska Public Power District (NPPD). #2008-118 – Approving Bid Ward for Furnishing WAS Holding Tank Diffusers, Project 2008- WWTP-1 for the Waste Water Division of the Public Works Department with SSI-Aeration, Inc. of Poughkeepsie, New York in an Amount of $56,700.00. #2008-119 – Approving Bid Ward for Installation of WAS Holding Tank Diffusers, Project 2008-WWTP-1 for the Waste Water Division of the Public Works Department with Industrial Process Technology, Inc. of Mitchell, South Dakota in an Amount of $46,268.00. Page 5, City Council Regular Meeting, April 22, 2008 RESOLUTIONS: #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. RaNae Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Discussion was held concerning the boundary line and a 5’ fence. Motion by Meyer, second by Ramsey to approve Resolution #2008-120 contingent upon final inspections. Upon roll call vote, all voted aye. Motion adopted. #2008-121 – Consideration of Approving Letter of Support for Essential Air Service (EAS) to the Department of Transportation (DOT). Mike Olson, Executive Director with the Central Nebraska Regional Airport reported that the current carrier, Mesa Airlines filed a “Notice of Termination of Service” on January 16, 2008. The DOT asked for bids from air carriers from 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. It was recommended by the Airport Authority Board to accept Hawaii Island Air of Honolulu, Hawaii proposal which would provide two (2) daily round trip nonstop flights to Kansas City, Missouri. Mr. Olson presented a PowerPoint outlining the process of choosing the new airline. Discussion was held on the name of airline and airports using this and other airlines. Motion by Carney, second by Meyer to approve Resolution #2008-121. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Nickerson, second by Ramsey to approve the Claims for the period of April 9, 2008 through April 22, 2008, for a total amount of $2,576,950.15. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 7:55 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of May 6, 2008 City Council Study Session Tuesday, May 13, 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 May 6, 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 May 6, 2008. Notice of the meeting was given in the Grand Island Independent on April 30, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 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. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. Discussion Concerning State Fair Funding and Infrastructure. Jeff Pederson, City Administrator introduced the item and purpose of the Study Session. Dale Shotkoski, City Attorney reviewed LB-1116 that was approved by the State Legislature and signed by Governor Heinemann to move the Nebraska State Fair to Grand Island in the year 2010. The state fair would be located at Fonner Park and would require several new buildings, upgrades and refurbishment of existing facilities and enhanced infrastructure to the utilities and streets. A fund of $42 million was to be provided with $8.5 million funded by local sources. $3 million needed to be raised by October 1, 2008, $6 million by February 1, 2009 and $3.5 million by July 1, 2009. Mr. Shotkoski stated the community of Grand Island would be required to raise the money. Discussion was held on the cooperation and coordination of financial participation of new construction and other capital improvements at Fonner Park. Representation of the City on the Nebraska State Fair Board was discussed. Ray Aguilar, 706 Grand Avenue commented on the State Fair Board representation which was an appointed position. David Springer, Finance Director covered the cost and financing of the State Fair. The following options were presented: Option #1: City and County Bonds; 75%/25% 7 yrs @3.25% Option #2: City and County Bonds; 75%/25% 10 yrs @3.60% Option #3: Facility Corp Bonds – No City/Co. 5 yrs @ 3.0% Mr. Springer stated a food and beverage tax could be used to service the $5 million bonds. The city would have to match 10% of lottery funds. Bond rates right now were very good. Mr. Springer stated timing was of the essence if the Council decided to go with a bond. Page 2, City Council Study Session, May 6, 2008 Mr. Springer stated the increased sales tax, food and beverage tax if implemented would help the economy in Grand Island. Approximately $200,000 to $400,000 in sales tax could be expected. Cindy Johnson stated the economic benefits to Grand Island would be hard to compare with that of Lincoln. Jay Vavricek commented on a marketing report in 2006. He stated this was an economic catalyst for the City of Grand Island. Attendance was discussed along with projections. Mr. Springer stated there had been no formal discussions with Hall County. Donald Dunn stated the group working to get LB-1116 passed would be meeting with the County Board to give a presentation. The county was restricted in certain ways of raising monies but may have lottery funds available in the future. The question of a business plan and/or marketing plan was discussed. LB-1116 stated the Nebraska State Fair was to be based upon a dynamic public-private partnership that included the active participation of the state and local governments, the private sector, and the citizens of Nebraska. Mr. Dunn commented on the responsibility of the State Fair Board, the Nebraska State Fair Relocation Cash Fund, and sponsorships to the State Fair. Funding from surrounding communitie s was discussed. Budget impacts with regards to Police, Fire etc. were discussed. Mr. Dunn stated the State Fair Board would cover law enforcement costs on the State Fair grounds. Intangible benefits were discussed regarding the number of opportunities available in having the State Fair in Grand Island. Marlan Ferguson, Economic Development Corporation President commented on the impact to economic development the State Fair would provide to Grand Island. He stated it would help sell the community to othe r companies wanting to locate here. Steve Riehle, Public Works Director commented on project costs that could be used toward the $8.5 million match from the community. Mr. Dunn stated if money was budgeted for a specific project on the Fonner Park grounds it would be counted toward the $8.5 match. Gene Graves, 1711 South Stuhr Road commented on the importance of the facilities/infrastructure needed to have a successful State Fair. Mr. Graves hoped we could look at this as an investment. Lewis Kent, 624 East Meves spoke in opposition and wanted the council to put this to a vote of the people. Scott Zana, 209 Lakeside Drive representing the Food and Beverage industry spoke in favor of the tax. The restaurants as a whole wanted to get this started right away with a sunset clause included. He suggested a 1.5% tax for 5 years on food and beverage to service the $5 million bond. Discussion was held regarding ongoing operational costs, funding above the $5 million, and ownership of facilities. Page 3, City Council Study Session, May 6, 2008 Barry Sandstrom, 2117 West Charles Street, ex-officio Fonner Park board member commented on the commitment of Fonner Park to make this move forward. Ultimate responsibility of the infrastructure would fall on Fonner Park. Dale Shotkoski, City Attorney stated if it was the wish of the council we could bring forward a resolution at the next council meeting to go forward with pursuing the bond funding for the relocation of the State Fair. ADJOURNMENT: The meeting was adjourned at 9:05 p.m. RaNae Edwards City Clerk Item G4 Approving Re-Appointments of Dianne Miller, Karen Bredthauer and Scott Ericksen to the Interjurisdictional Planning Commission Board The Mayor has submitted the re-appointments of Dianne Miller, Karen Bredthauer and Scott Ericksen to the Interjurisdictional Planning Commission Board (Merrick County). These appointments would become effective May 25, 2008 upon approval by City Council and would expire on May 24, 2009. Approval is recommended. Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G5 Approving Re-Appointments of Bill Martin, Buzz Douthit, Mike Toukan and Scott Zana to the Business Improvement District #4 Board The Mayor has submitted the re-appointments of Bill Martin, Buzz Douthit, Mike Toukan and Scott Zana to the Business Improvement District No. 4 Board. These appointments would become effective June 1, 2008 upon approval by City Council and would expire on May 31, 2011. Approval is recommended. Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G6 Approving Request from Shirley Ginn, 251 Courtland Street, Trumbull, Nebraska for Liquor Manager Designation for Holiday Station Store #114 Located at 1404 West 2nd Street Tuesday, May 13, 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: May 13, 2008 Subject: Request from Shirley Ginn, 251 Courtland Street, Trumbull, Nebraska for Liquor Manager Designation for Holiday Station Store #114, 1404 West 2nd Street Item #’s: G-6 Presenter(s): RaNae Edwards, City Clerk Background Shirley Ginn, 251 Courtland Street, Trumbull, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “B-27796” Liquor License for Holiday Station Store #114, 1404 West 2nd Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request of Shirley Ginn, 251 Courtland Street, Trumbull, Nebraska for Liquor Manager Designation in conjunction with the Class “B-27796” Liquor License for Holiday Station Store #114, 1404 West 2nd Street with the stipulation that Ms. Ginn complete a state approved alcohol server/seller training program. Item G7 #2008-122 - Approving Bid Award for Street Improvement District No. 1256; Widening of Capital Avenue from the Moores Creek Drain to Webb Road Tuesday, May 13, 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: May 13, 2008 Subject: Approving Bid Award for Street Improvement District No. 1256, Widening of Capital Avenue from the Moores Creek Drain to Webb Road Item #’s: G-7 Presenter(s): Steven P. Riehle, Public Works Director Background Street Improvement District No. 1256 was created by the City Council on July 12, 2005. The District consists of widening Capital Avenue from the Moores Creek Drain to Webb Road. The district is an upgrade to a multi-lane concrete curb and gutter roadway with storm sewer. The costs for construction of sidewalk will be assessed where sidewalks do not already exist. A width of 41’ or no more than 20% of the project costs will be assessed to the benefiting properties, with the balance of the project paid by federal funds. The Engineering Division of the Public Works Department advertised March 6th, 13th, and 20th, 2008 in the Grand Island Independent for bids on Street Improvement District No. 1256. Discussion Two (2) bids were received and opened on March 27, 2008. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed both bids. As the Administrator of Federal Funds, the Nebraska Department of Roads concurred in the award of the bids on April 11, 2008. The bid of $3,365,842.25 submitted by The Diamond Engineering Company of Grand Island, Nebraska was the lowest responsible bid received. This is below the estimate of $4,511,203.00. The Nebraska Department of Roads concurs with this bid award. Funds are available in account number 40033530.90148. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award for Street Improvement District No. 1256 to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $3,365,842.25. 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: March 27, 2008 at 11:00 a.m. FOR: Capital Avenue Improvements Street Improvement District No. 1256 DEPARTMENT: Public Works ESTIMATE: $4,511,203.00 FUND/ACCOUNT: 40033530-90148 PUBLICATION DATE: March 6, 13, & 20, 2008 NO. POTENTIAL BIDDERS: 33 SUMMARY Bidder: The Diamond Engineering Co. Paulsen Inc. Grand Island NE Cozad, NE Bid Security: Universal Surety Company The Cincinnati Insurance Co. Exceptions: Noted Noted Bid Price: Section A: $1,935,649.50 $2,315,329.00 Section B: 574,639.30 673,730.50 Section C: 421,664.55 553,100.00 Section D: 22,772.80 16,740.00 Section E: 275,563.60 285,078.35 Section F: 34,937.75 44,937.00 Section G: 100,614.75 99,439.00 Total Bid Price: $3,365,842.25 $3,988,353.85 DBE $ 177,563.50 $ 206,350.00 cc: Steve Riehle, Public Works Director Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator P1240 Approved as to Form ¤ ___________ May 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-122 WHEREAS, the City of Grand Island invited sealed bids for Street Improvement District No. 1256, Widening of Capital Avenue from the Moores Creek Drain to Webb Road, according to plans and specifications on file with the Engineering Division of the Public Works Department; and WHEREAS, on March 27, 2008 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $3,365,842.25; and WHEREAS, The Nebraska Department of Roads concurs with the bid award; and WHEREAS, the bid of The Diamond Engineering Company is less than the estimate for the construction of Street Improvement District No. 1256. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $3,365,842.25 for construction of Street Improvement District No. 1256, Widening of Capital Avenue from the Moores Creek Drain to Webb Road. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2008-123 - Approving Designating the North Side of Old Potash Highway from the Armory Driveway East for Approximately 350 Feet as No Parking Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 13, 2008 Subject: Approving Designating the North Side of Old Potash from the Armory Driveway East for 345 Feet as No Parking Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is required to designate No Parking on any public street. Discussion A request was submitted, by a concerned citizen, to eliminate parking on the North side of Old Potash Highway beginning at a point due north of the northwest corner Lot 1 Ryder Park Subdivision to a point 345 feet west. The roadway in this area is not wide enough for vehicles to park and causes traffic congestion when this is used for parking. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution designating the North side of Old Potash Highway beginning at a point due north of the northwest corner Lot 1 Ryder Park Subdivision to a point 345 feet west. Sample Motion Move to approve the resolution. \\GFILE1\LarryC$\DWG\PHOTOS\0LDPOT.dwg, 4/23/2008 8:50:30 AM, Acrobat PDFWriter Approved as to Form ¤ ___________ May 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-123 WHEREAS, the City Council, by authority of §22-77 of the Grand Island City Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of vehicles in or on any public street, public property, or portion thereof; and WHEREAS, due to potential traffic congestion and safety issues, the Public Works Department is requesting that No Parking be allowed along the north side of Old Potash Highway beginning at a point due north of the northwest corner Lot 1 Ryder Park Subdivision to a point 345 feet west; and WHEREAS, it is recommended that such restricted parking request be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. A No Parking Zone is hereby designated along the north side of Old Potash Highway beginning at a point due north of the northwest corner Lot 1 Ryder Park Subdivision to a point 345 feet west. 2. The City’s Street Division shall erect and maintain the signs necessary to effect the above regulation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2008-124 - Approving Rescinding Resolution 2008-96 Regarding Asphalt Hot-Mix 2008 and Approving Corrected Resolution Tuesday, May 13, 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: May 13, 2008 Subject: Approving Correction to Resolution 2008-96 Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background The Streets Division of the Public Works Department advertised for bids for the purchase of hot- mix asphalt on March 4, 2008. Bid were received and opened on March 18, 2008. Discussion The City Council approved Resolution Number 2008-96 at the March 25, 2008 meeting awarding the contract to J.I.L. Asphalt Paving Company of Grand Island, Nebraska. The contractor was listed incorrectly in the resolution. The resolution should be approved with a bid award to Gary Smith Construction Co., Inc. of Grand Island, Nebraska. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council pass a resolution rescinding the original resolution and passing a corrected resolution for awarding the purchase of hot-mix asphalt to Gary Smith Construction Co., Inc. of Grand Island, Nebraska. Sample Motion Move to approve the rescinding of the original resolution and pass a corrected resolution. 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 11:10 a.m. FOR: Asphalt Hot-Mix for 2008 DEPARTMENT: Public Works ESTIMATE: $40.00 per ton FUND/ACCOUNT: 10033503-85547 PUBLICATION DATE: March 4, 2008 NO. POTENTIAL BIDDERS: 2 SUMMARY Bidder: Gary Smith Construction Co., Inc. J.I.L. Asphalt Paving Co. Grand Island NE Grand Island NE Bid Price: Type “A”: $34.80 per ton $38.80 per ton Type “B”: $28.40 per ton $30.50 per ton Type “C”: $33.65 per ton $36.85 per ton cc: Steve Riehle, Public Works Director Scott Johnson, Street Supt. Catrina Delosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary Jeff Pederson, City Administrator P1238 Approved as to Form ¤ ___________ May 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-124 WHEREAS, on March 25, 2008, by Resolution 2008-96, the City Council of the City of Grand Island awarded the bid of J.I.L. Asphalt Paving Company of Grand Island, Nebraska for the purchase of hot-mix asphalt; and WHEREAS, Resolution 2008-96 incorrectly stated the lowest responsible bidder to be J.I.L. Asphalt Paving Company; and WHEREAS, it is necessary to amend Resolution 2008-96 to correctly award the bid to Gary Smith Construction Company of Grand Island, Nebraska for the purchase of hot-mix asphalt in the amount of $34.80/ton for Type “A”, $28.40/ton for Type “B”, and $33.65/ton for Type “C”. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2008-96 is hereby amended to correct the bid award to Gary Smith Construction Company of Grand Island, Nebraska for the purchase of hot-mix asphalt. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2008-125 - Approving Setting the Board of Equalization Date for Annual Mowing Assessments Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Attorney Meeting: May 13, 2008 Subject: Setting Board of Equalization Hearing to Determine Benefits - 2007 Weed Abatement Program Item #’s: G-10 Presenter(s): Wesley D. Nespor, Attorney Background Article III of Chapter 17 to the Grand Island City Code contains a procedure for abating nuisances created by properties that have excessive growths of weeds, grasses and other vegetation. The City Code provides for owners to receive a notice to cut their weeds and grasses and if the owners do not comply with such notice, the City is authorized to do the work and bill the property owner. If the owner fails to pay the bill, the City is authorized by Section 17-38 of the City Code to levy an assessment on the property for the amount of the mowing expenses. The Finance Department for the City has reported the expenses and costs of such weed cutting for 2007. Discussion The City Council, sitting as the Board of Equalization, will be asked to determine the benefits for the weed abatement program that took place during the growing season of 2007. A Board of Equalization hearing date must be set and notice given before the City may determine benefits and levy special assessments by ordinance on the properties. A hearing date of June 10, 2008 at 7:00 p.m. is suggested. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Set a hearing date and direct that notice be given according to law. 2. Continue the issue to a later date. Recommendation City Administration recommends that the Council accept the report of expenses and costs for 2007 and set a Board of Equalization hearing for June 10, 2008 at 7:00 p.m. and direct that notice be given according to law. Sample Motion Move to accept the Finance department’s report, sit as a Board of Equalization to determine the benefits of such weed cutting on June 10, 2008 at 7:00 p.m., and give notice according to law. Approved as to Form ¤ ___________ May 8, 2008 ¤ City Attorney R E S O L U T I O N 2008-125 WHEREAS, pursuant to Article III of Chapter 17 of the Grand Island City Code, for reason of the failure of the owners, agents, occupants, or persons in possession, charge, or control of lots, tracts, or parcels of land in the City to comply with the notices of the City Council in regard to the cutting and removing of weeds and other rank growth of vegetation, such weeds and other rank growth of vegetation were caused to be removed by the City, and the actual expenses thereof have been audited and paid by the City; and WHEREAS, the owners, agents, occupants, or persons in possession, charge or control of lots, tracts or parcels of land whereon such weeds and other rank growth of vegetation were caused to be cut by the City and are in default of payment of the expenses and costs incurred by the City therefore; and WHEREAS, the Finance Department for the City has reported the expenses and costs of such weed cutting to the City Council and recommends that the City Council sit as a Board of Equalization to assess the expenses and costs thereof to the respective lots, tracts, or parcels of land. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The report of the Finance Department for the City pertaining to the cutting of weeds and other rank growth of vegetation is hereby accepted. 2. The City Council shall sit as a Board of Equalization to determine the benefits of such weed cutting on June 10, 2008 at 7:00 p.m. 3. The City Clerk shall give notice, as required by Section 16-707, R.R.S. 1943, as amended, by one publication in the Grand Island Independent that the City Council will sit as a Board of Equalization on the date and time set forth above, at least ten (10) days prior thereto; and further, that the City Clerk, within five (5) days after the date of publication of the above notice and 10 days prior to the meeting, shall send by U.S. mail, a copy of the published notice to each and every party appearing to have a direct legal interest in such proceeding whose name and post office addresses are known, in accordance with the provisions of Section 25-520.01, R.R.S. 1943, as amended. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G11 #2008-126 - Approving Keno Satellite Location and Agreement for the KPT, Inc. dba Ole Cow Palace, 3602 West 2nd Street Tuesday, May 13, 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: May 13, 2008 Subject: Approving Keno Satellite Location and Agreement for KPT, Inc. dba The Ole Cow Palace, 3602 West 2nd Street Item #’s: G-11 Presenter(s): RaNae Edwards, City Clerk Background An Interlocal Agreement governing County/City keno operations provides that the City shall have the duty to review and approve satellite operations within the City. Fonner Keno, Inc. has previously been licensed to operate keno at Fonner Park as well as other facilities in the City that have been designated as satellite locations for the operation of keno. Discussion KPT, Inc. dba The Ole Cow Palace, 3602 West 2nd Street, has submitted a request for approval of a satellite location at the premises of The Ole Cow Palace, 3602 West 2nd Street. This request was approved by Hall County at their April 15, 2008 meeting. Approval of the Satellite Agreement between KPT, Inc. and Fonner Keno, Inc. is required along with approval for the satellite location. The Agreement has been reviewed by the Legal and Building Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the request of KPT, Inc. dba The Ole Cow Palace 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 request for a Keno Satellite Location and Agreement for KPT, Inc. 3602 West 2nd Street. Sample Motion Move to approve the request for a Keno Satellite Location and Agreement for KPT, Inc. dba The Ole Cow Palace, 3602 West 2nd Street. Approved as to Form ¤ ___________ May 9, 2008 ¤ City Attorney R E S O L U T I O N 2008-126 WHEREAS, the County of Hall and the City of Grand Island entered into an Inter-Local Cooperation Agreement to permit the operation of keno within Hall County; and WHEREAS, Fonner Keno, Inc. has previously been licensed to operate keno and certain locations have been designated as satellite locations for the operation of keno; and WHEREAS, the County of Hall has selected an additional satellite location for approval for the operation of keno, such location being the premises at 3602 West 2nd Street in Grand Island, Nebraska, owned by KPT, Inc. dba The Ole Cow Palace, a Nebraska corporation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that KPT, Inc. dba The Ole Cow Palace, a Nebraska corporation, located at 3602 West 2nd Street, Grand Island, Nebraska is hereby approved as an additional satellite location for the operation of keno, subject to entering into the proper agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2008-127 - Approving Change Order #19 with Chief Construction for Law Enforcement Center Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: May 13, 2008 Subject: Change Order #19, Law Enforcement Center Item #’s: G-12 Presenter(s): Steven Lamken, Police Chief Background The City awarded Chief Construction the contract in the summer of 2006 to construct the new law enforcement center for a cost of $7,406,080. $150,000 of contingency funds were provided in the contract to allow for needed change orders during the project. The Council approved substantial completion of the construction project at which time the contingency allowance was reduced to $24,926.45. Change Order #19 will remove money from the construction project and increase the contingency allowance to $25,943.54. Discussion Change Order #19 includes two changes in the construction project. The changes create a total savings of $1,017.09 which will be credited to the contingency allowance. Accepting the changes will leave the contingency funds balance at $25,943.54. The changes requested are: Relocate two emergency exit lights and add an additional emergency exit light to meet code requirements for a cost of $467.91. Remove three boulders from the landscaping of the grounds and relocate plantings from the front of the building to the north side of the site for a savings of $1,485.00. This change will not detract from the appearance of the site and will relocate plantings to a narrow strip of land between the fence and curb on the north side of the lot that was going to be sod. The relocation will make grass cutting and the plantings easier to maintain. A summary of the costs of Change Order #19 are: Install additional emergency exit lights - + $467.91 Remove boulders and relocate plantings - - $ 1,485.00 Total Costs - - $ 1017.09 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council move to approve Change Order #19. Sample Motion Move to approve Change Order #19 with Chief Construction for the net savings of $1,017,09 for: installing additional emergency exit lights and removing boulders and relocating plantings in the landscaping. R E S O L U T I O N 2008–127 WHEREAS, on May 2, 2006, by Resolution 2006-151, the City Of Grand Island awarded a bid in the total amount of $7,406,080.00 (including alternate bids 2 and 3) for the construction of a Law Enforcement Center to Chief Construction Company of Grand Island, Nebraska; and WHEREAS, included in the $7,406,080 bid was a construction contingency of $150,000; and WHEREAS, on February 12, 2008 by Resolution 2008-45 the City of Grand Island approved substantial completion of the Law Enforcement Center with Chief Construction changing the cost of the project to a total of $7,316,080 and reducing the contingency allowance for the project to $24,926.45, and WHEREAS, it is necessary to add and relocate emergency exit lighting to comply with codes and deleting rock boulders from the landscaping of the Law Enforcement Center: and WHEREAS, such changes have been incorporated into Change Order No. 19, and will increase the contingency fund to $25,943.54. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 19 for the construction of the Law Enforcement Center to provide the modification set out as follows: Add additional emergency exit lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 467.91 Remove rock boulders from landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . + $1,485.00 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .+ $1,017.09 Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk Item G13 #2008-128 - Approving Change Order #1 with Island Plumbing Company for Campground Potable Water System at the Heartland Public Shooting Park Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: May 13, 2008 Subject: Change Order #1 for Heartland Public Shooting Park with Island Plumbing Company Item #’s: G-13 Presenter(s): Steve Paustian, Parks and Recreatio n Director Background The Park and Recreation Department opened bids for installation of a potable water system for the campground at the Heartland Public Shooting Park on April 1, 2008. Island Plumbing Company of Grand Island provided the low bid and entered into a contract to provide such services. Discussion Since the award of the original contract, modifications to the plan have been made to relocate the wells and that has allowed for the reduction of the contract price by $4,121.00. The original contract was awarded for $29,121.00. The deductive change order will result in a new contract amount of $25,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the change order 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve change order #1 with Island Plumbing Company. Sample Motion Move to approve change order #1 with Island Plumbing Company. Approved as to Form ¤ ___________ May 8, 2008 ¤ City Attorney R E S O L U T I O N 2008-128 WHEREAS, on April 8, 2008 by Resolution 2008-109, the City Council of the City of Grand Island awarded the Island Plumbing Company, of Grand Island, Nebraska, the bid in the amount of $29,121.00, for the installation of a potable water system for the campground at the Heartland Public Shooting Park; and WHEREAS, it has been determined that modifications to the work to be performed by Island Plumbing Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modification will decrease the contract amount by $4,121.00 for a revised contract price of $25,000.00 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and the Island Plumbing Company of Grand Island, Nebraska to provide the modifications set out as follows: Reduce mainline length by 375’ and eliminate four (4) 4” valves………………………..$4,121.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2008-129 - Approving Certificate of Final Completion for Master Control and Council Chamber Projects Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Wendy Meyer-Jerke City of Grand Island City Council Council Agenda Memo From: Wendy Meyer-Jerke, Public Information Officer Jeremy Watson, Audio \Video Technician Meeting: May 13, 2008 Subject: Approve Certificate of Project Completion for Master Control Studio/Council Chambers Upgrade Item #’s: G-14 Presenter(s): Jeff Pederson, City Administrator Background Grand Island Television, also referred to as GITV, has been operational since 1993. GITV is classified as a PEG (Public Educational Governmental) station. For those citizens who have Charter Cable, regular programming can be viewed on Channel 6 and the community bulletin board is available on Info Channel 12. GITV can also be seen on UHF Channel 56 for those who attain their local channels over the air. GITV broadcasts a number of informative segments to its viewers, including every Grand Island City Council Meeting, Citizen Review Committee Meeting, and other City of Grand Island related segments. GITV continues to move forward with the vision of top-notch educational and informative segments, community event and non-profit promotion, as well as the dissemination of emergency information to Hall County citizens. Discussion Grand Island Television has been in the process of two major upgrades since the middle of January 2008. The scope of this project has included a new Studio and Master Control Room, along with Council Chambers Video/Audio/Voting System Upgrade. As of March 31, 2008 Grand Island Televis ion staff has confirmed that Audiovisual Inc. has met every requirement within the scope of the two upgrades and that all equipment and technology has been installed correctly and are in proper working order. 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 Certificate of Completion from Audiovisual, Inc. for engineering and implementation reference Council Chambers/Master Control upgrade be accepted and acknowledged. Sample Motion Move to approve the Certificate of Completion with Audiovisual, Inc. of Omaha, Nebraska for Council Chambers/Master Control Upgrade. Approved as to Form ¤ ___________ May 8, 2008 ¤ City Attorney R E S O L U T I O N 2008-129 WHEREAS, the Public Information Office for the City of Grand Island has issued a Certificate of Final Completion for Audio/Video/Voting System Equipment Upgrade and Master Control and Studio Relocation, certifying that Audiovisual, Inc. of Omaha, Nebraska, under contracts dated November 13, 2007 and September 11, 2007 respectively, has completed such projects according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Information Officer recommends the acceptance of the final certificate of completion; and WHEREAS, the Mayor concurs with the Public Information Officer’s recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Public Information Officer’s Certificate of Final Completion for Audio/Video/Voting System Equipment Upgrade and Master Control and Studio Relocation is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2008-130 - Approving Grant Award from Community Foundation for Family Day in the Park Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Wendy Meyer-Jerke City of Grand Island City Council Council Agenda Memo From: Wendy Meyer-Jerke, Public Information Officer Meeting: May 13, 2008 Subject: Accept Grant Award from Grand Island Community Foundation Item #’s: G-15 Presenter(s): Wendy Meyer-Jerke, Public Information Officer Background The City of Grand, Community Youth Council, has been awarded two grants from the Grand Island Community Foundation to help fund the 2008 “Family Day in the Park” event. One grant was the Community Impact Grant for $2,000 and the other is a Great Idea Grant in the sum of $500. This will be the third year that the Community Youth Council has sponsored this free family event. The group plans on building on its past success as the event last year received a Community Services Award as part of the Nebraska Community Improvement Program awarded by Governor Dave Heineman. The event is scheduled for Saturday, June 7th at Stolley Park with activities planned in the morning, afternoon, and evening. The event will once again promote family interaction through activities, entertainment and education on healthy lifestyle choices for youth. The emphasis of the use of these grant dollars will be to educate youth on strategies to reduce methamphetamine and marijuana use, as well as ways to incorporate all cultures throughout the activities of the day. In addition, activities will also be provided that educate youth on tobacco use, underage drinking, and childhood obesity. The grant was submitted on March 3, 2008 to Grand Island Community Foundation and will help to offset costs for the event. The Community Impact Grant will be used to expand the services and activities of this event, the Great Idea Grant will be used for additional promotional efforts. Discussion Some of the organizations that the City of Grand Island and the Community Youth Council are partnering with to sponsor the event include: Central Nebraska Council on Alcoholism and Addictions, Central District Health Department, Project Extra Mile, Parks and Recreation Department, Youth Leadership Tomorrow, Tobacco Free Hall County, Substance Abuse Prevention Coalition, and the Grand Island Public Library. The following activities will take place the day of the event: 1) The morning will consist of two new activities. One activity is a family scavenger hunt that will incorporate healthy lifestyle clues and questions (in English and Spanish) throughout the park that must be answered in order to take you to the next spot. In addition, an obstacle course will be set up that is suitable for both youth and adults to encourage exercise as a fun, an important way of life. All participants will receive a prize. 2) An education pavilion will be available in the afternoon with participation from drug prevention/awareness community groups and several non-profits. 3) Afternoon family activities will include an inflated obstacle course, refreshments (snow cones, granola bars, fruit snacks, etc.), GIFD Children’s Fire Safety House, ambulance and fire truck, Bookmobile, Pelican Pete, a soccer skills challenge, family games, Rock Star brought to the park by Best Buy, entertainment, and much more. The committee has once again invited the Nebraska Army National Guard to bring their rock climbing wall to the 2008 event, as well as one of their helicopters. Adrian Valez, the Guard representative, is participating again this year. 4) The evening will include a new touch—a family magic show. Magician Jeff Quinn will provide a magical show with an emphasis on healthy lifestyle choices for youth— drug and alcohol prevention, dealing with peer pressure, etc.—that will be enjoyed by all ages. 5) Following the magic show, an age appropriate, value positive evening movie for families and youth of all ages will be shown. The CYC concession stand will be open for both events. Alte rnatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Accept the grant awards from the Grand Island Community Foundation and authorize expenditure of funds by resolution 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. 4. Take no action. Recommendation City Administration recommends that the grant awards from the Grand Island Community Foundation be accepted and expenditure of funds authorized by resolution. Sample Motion Move to accept the grant awards from the Grand Island Community Foundation and authorize expenditure of funds by resolution. Approved as to Form ¤ ___________ May 8, 2008 ¤ City Attorney R E S O L U T I O N 2008-130 WHEREAS, On March 3, 2008, the City of Grand Island, on behalf of the Community Youth Council, submitted a grant application to Grand Island Community Foundation to assist in funding the 2008 Family Day in the Park; and WHEREAS, Grand Island Community Foundation has recommended that the City of Grand Island be provided two grant funds awarded to the Community Youth Council, City of Grand Island, in the amount of $2,000.00 Community Impact Grant and $500.00 Great Idea Grant; and WHEREAS, the Mayor of the City of Grand Island is required to sign the grant in acceptance of the same. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the grant funds awarded to the City of Grand Island, Community Youth Council in the amount of $2,000.00 and $500.00 to assist in funding the 2008 Family Day in the Park are hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such grant on behalf of the City of Grand Island and that the funds may be expended in accordance with the terms and purposes of the grant. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2008-131 - Approving Bid Award - Electric Underground Shop Roof Covering Replacement - 1219 West North Front Street Tuesday, May 13, 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: May 13, 2008 Subject: Electric Underground Shop Roof Replacement Item #’s: G-16 Presenter(s): Gary R. Mader, Utilities Director Background The electric distribution Underground Division has a warehouse facility at 1219 W. North Front Street, just west from the City Shop Garage. It is used for storage of construction equipment, tools and electric construction supplies. It also serves as a maintenance work area for that Division. As is often the case with these older commercial buildings, there are several different sections of construction. The westerly section of the roof is over 20 years old and seriously deteriorated, with many patches, and it continues to leak. Therefore, the Utilities Department included replacement of the deteriorated roof in the ’07 – ’08 Electric Department Budget. Specifications were prepared by Department staff in consultation with Factory Mutual Insurance Company for replacement of the failed roof. Discussion The bid specifications were advertised and received in accordance with the City Purchasing Code. Additionally, the specifications were sent to five local roofing companies. Bids were publicly opened on May 6, 2008 by the City Clerk. Two bids were received as tabulated below: Bidder Amount Tri Cities Group, Inc. $64,856.00 Grand Island, NE Weathercraft Company $65,443.00 Grand Island, NE Information supplied by both bidders was evaluated. The result is that both bidders are evaluated as qualified to do the work. Both bids are without exception and are under the budgeted amount. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the low bid from Tri Cities Group of Grand Island, Nebraska. Sample Motion Move to approve the bid from Tri Cities Group of Grand Island, Nebraska in the amount of $64,856.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 6, 2008 at 11:00 a.m. FOR: Electric Underground Distribution Shop Roof Covering Replacement 1219 West North Front Street DEPARTMENT: Utilities ESTIMATE: $120,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: April 4, 2008 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: We athercraft Co. Tri-Cities Group, Inc. Grand Island NE Grand Island NE Bid Security: Universal Surety Company Island Insurance Company Exceptions: None None Bid Price: $65,443.00 $64,856.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Randy Leiser, Elec. Undgrd. Supt. Pat Gericke, Utilities Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Pederson, City Administrator P1250 Approved as to Form ¤ ___________ May 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-131 WHEREAS, the City Electric Department invited sealed bids for Roof Covering Replacement for the Underground Division Shop Building at 1219 West North Front Street; and WHEREAS, on May 6, 2008, bids were received, opened and reviewed; and: WHEREAS, Tri-Cities Group, Inc., of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $64,856.00; and; WHEREAS, the bid of Tri-Cities Group, Inc., is less than the estimate for the Roof Replacement at the Utilities Underground Division. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Tri-Cities Group, Inc., of Grand Island, Nebraska in the amount of $64,856.00 for Roof Replacement at the Utilities Underground Division building located at 1219 West North Front Street is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2008-132 - Approving Award of Proposal for Engineering Services Related to Quiet Zone Improvements Tuesday, May 13, 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: May 13, 2008 Subject: Approving Award of Proposal for Engineering Services Related to Quiet Zone Improvements Item #’s: G-17 Presenter(s): Steven P. Riehle, Public Works Director Background On January 30, 2008 a Request for Proposals (RFP) for engineering services related to Quiet Zone Improvements in the Downtown area was advertised in the Grand Island Independent and sent to eight (8) potential proposers by the Engineering Division of the Public Works Department. Discussion Three (3) proposals were opened on February 27, 2008 and reviewed by Public Works Director, Steve Riehle, Civil Engineering Manager, Ron Underwood and Engineering Technician Supervisor, Tom Carlson. Felsburg Holt & Ullevig Consulting Engineers of Omaha, Nebraska with JEO Consulting Group of Grand Island, Nebraska as a sub- consultant submitted the proposal that was chosen using evaluation criteria listed in the RFP. The work is to be performed at actual costs with a maximum of $28,600.00. · Firm experience on similar work. (20%) · Team experience on similar work. (20%) · Experience with City Of Grand Island. (10%) · Understanding of the Project. (15%) · Approach to the work. (15%) · Proposed fees & Agreement. (20%) 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 award of proposal to Felsburg Holt & Ullevig Consulting Engineers of Omaha, Nebraska with JEO Consulting Group of Grand Island, Nebraska as a sub-consultant. Sample Motion Move to approve the award of proposal. CONTRACT AGREEMENT THIS AGREEMENT made and entered into this _____ day of __________ 2008, by and between Felsburg Holt & Ullevig hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement of a Request for Proposals for Engineering Consulting Services Related to Quiet Zone Improvements for the City of Grand Island, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined that the aforesaid Contractor submitted the best proposal based on the evaluation criteria listed in the Request For Proposals, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Quiet Zone Improvements Proposal Form Submitted by the Contractor, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his (hers), or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached Request For Proposals for Engineering Consulting Services Related to Quiet Zone Improvements for the City of Grand Island and in the attached Quiet Zone Improvements Proposal Form as Submitted by the Contractor; said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's proposal; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of Twenty eight thousand six hundred dollars & zero cents Dollars $ 28,600.00 for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the contract. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's CA-1 name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of Engineering Consulting Services Related to Quiet Zone Improvements for the City of Grand Island, Nebraska. Quiet Zone Improvements – City of Grand Island, Nebraska CONTRACT AGREEMENT (Continued) ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed. ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, gender, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. Contractor Felsburg Holt & Ullevig By Title CITY OF GRAND ISLAND, NEBRASKA, By Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk The contract is in due form according to law and is hereby approved. Wesley D. Nespor, Assistant City Attorney Approved as to Form ¤ ___________ May 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-132 WHEREAS, the City of Grand Island invited proposals for engineering services for Quiet Zone Improvements at the Elm Street, Walnut Street, Pine Street, and Oak Street Railroad Crossings, according to Request for Proposals on file with the Engineering Division of the Public Works Department; and WHEREAS, on February 27, 2008 proposals were received, reviewed, and evaluated in accordance with established criteria; and WHEREAS, Felsburg Holt & Ullevig Consulting Engineers of Omaha, Nebraska with JEO Consulting Group of Grand Island, Nebraska as a sub-consultant submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code with the work performed at actual costs with a maximum of $28,600.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Felsburg Holt & Ullevig Consulting Engineers of Omaha, Nebraska with JEO Consulting Group of Grand Island, Nebraska as a sub-consultant for engineering services for Quiet Zone Improvements in downtown Grand Island is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2008-133 - Approving Request from Black Chip Entertainment & Hospitality dba Johnny Casinos, 3421 Conestoga Drive for a Class "C" Liquor License and Liquor Manager Designation for Daniel Stormer, 400 Winters Avenue, Glenvil, Nebraska This item relates to the aforementioned Public Hearing Item E-1. Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ May 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-133 WHEREAS, an application was filed by Black Chip Entertainment & Hospitality, doing business as Johnny Casinos, 3421 Conestoga Drive for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 3, 2008; such publication cost being $16.03; and WHEREAS, a public hearing was held on May 13, 2008, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends approval of Daniel Stormer, 400 Winters Avenue, Glenvil, Nebraska, as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2008-134 - Consideration of Request from White Horse Tavern, Inc. dba White Horse Tavern, 1803 West North Front Street for an Addition to their Class “C-04161” Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ May 7, 2008 ¤ City Attorney R E S O L U T I O N 2008-134 WHEREAS, an application was filed by White Horse Tavern, Inc., doing business as White Horse Tavern, 1803 West North Front Street for a 25’ x 50’ addition to the east side of their building relative to their Class "C-04161" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 3, 2008; such publication cost being $16.47; and WHEREAS, a public hearing was held on May 13, 2008, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application for a 25’ x 50’ addition contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2008-135 - Consideration of Intent to Offer Support of the Relocation of the Nebraska State Fair Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale Shotkoski, City Attorney David Springer, Finance Director Meeting: May 13, 2008 Subject: Resolution of Intent to Offer Support of the Relocation of the Nebraska State Fair Item #’s: I-3 Presenter(s): Dale Shotkoski, City Attorney Background On May 6, 2008, the City Council had a study session where it considered the impact of LB 1116 involving the relocation of the Nebraska State Fair to the City of Grand Island, Hall County Nebraska with the location to be at Fonner Park. The study session outlined that agreements would be necessary if the City were to be involved in the project as well as the need for revenue in addition to the current sources of revenue available to the City with the exploration of an occupancy tax of food and beverage services to be considered. Discussion In order to move forward with the relocation of the State Fair project, the City if it is to be a participant, needs to have representatives negotiate with the Nebraska State Fair Board, the Hall County Livestock Improvement Association, the County of Hall, and any other appropriate entity the agreements necessary under LB 1116 and any other agreements pertaining thereto, which agreements would then need to be brought back to council for review and ratification. Furthermore, the financing of the State Fair project needs to be pursued which will involve negotiations with other entities and possibly with Hall County, Nebraska and authority to conduct those negotiations is also needed. Other actions necessary by the City will include but not be limited to, the explorations of total cost of infrastructure to support facilities under consideration under LB 1116 and their cost, timing and impact to the City of Grand Island. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve resolution in attempt to support the relocation. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council move to approve Resolution #2008- 135 in support of the relocation of the Nebraska State Fair. Sample Motion Move to approve Resolution #2008-135. Approved as to Form ¤ ___________ May 9, 2008 ¤ City Attorney R E S O L U T I O N 2008-135 WHEREAS, the City Council, at its study session of May 6, 2008, considered the impact and options available under Legislative Bill 1116 concerning the relocation of the Nebraska State Fair to the City of Grand Island, Hall County, Nebraska, and; WHEREAS, the City intends to support the relocation efforts of the fair and in order to do so recognizes the need to be a party to negotiate the agreements anticipated by Legislative Bill 1116 and any other necessary agreements in relation thereto concerning facilities use, management, ownership and other items contained with Legislative Bill 1116, and; WHEREAS, it is necessary for the City to consider additional funding sources for the relocation of the Nebraska State Fair pursuant to the funding requirements set out in Legislative Bill 1116 including the exploration of bonding and the financing of any such bonds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The council hereby authorizes the Mayor of the City of Grand Island to designate a negotiating team to pursue agreements between the parties necessary for the relocation of the Nebraska State Fair to the City of Grand Island, Hall County, Nebraska, and to bring to Council appropriate agreements for review and ratification. 2. Be it further resolved that the City in order to finance its share of the financial commitments, pursue seeking additional revenue for the general fund for the City of Grand Island and to obtain information necessary to present to Council at a later date including further exploration of an occupation tax on Food and Beverage Service businesses. The bonding that would be required as well as revenue needed and sources for the revenue for such bonds in relation to the Nebraska State Fair relocation as well as the anticipated costs and funding necessary for the projects impact to the general fund, utilities and other City budgets shall be brought back to Council for its review and ratification. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2008. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of April 23, 2008 through May 13, 2008 The Claims for the period of April 23, 2008 through May 13, 2008 for a total amount of $3,342,792.39. A MOTION is in order. Tuesday, May 13, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council