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11-04-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, November 04, 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 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 "National Adoption Month" November, 2008 In 2007 there were 51,000 children in the United States in the foster care system, some of which live in Grand Island. By December 2008, thirty-four children in Grand Island, Hall County who are in foster care will finalize adoption. Mayor Hornady has proclaimed the month of November, 2008 as "National Adoption Month" and would encourage citizens to help secure permanent, loving homes for each and every child in Grand Island, See attached PROCLAMATION. Tuesday, November 04, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item E1 Public Hearing for a Community Development Block Grant Economic Development Project Infrastructure grant Tuesday, November 04, 2008 Council Session City of Grand Island Staff Contact: Jonik City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Council Meeting: November 4, 2008 Subject: Community Development Block Grant Economic Development Project Item #’s: E-1 & G-2 Presenter(s): Joni Kuzma, Community Development Adminis trator Background The City of Grand Island is requesting $506,000 from the Nebraska Department of Economic Development of which $500,000 will be conditionally granted to Project Amada (the exact identify of this company is unknown at this time) for Economic Development Project Infrastructure required for the attraction of a metal manufacturing business. The remaining $6,000 will be retained by the City for audit and administrative expenses associated with the grant. The project will result in the creation of 50 full-time equivalent positions of which 51% will be held by or made available to low to moderate- income persons. At this time all that is known is this project represents the expansion of an existing company headquartered outside the City of Grand Island. All the CDBG funds will be used for activities that will meet the CDBG national objective of benefiting low-to-moderate income persons. Discussion A public hearing is required prior to submission of an application to the Nebraska Department of Economic Development to solicit public comment and input into the proposed project and grant application. Notice of the public hearing was given on October 25, 2008 in the Grand Island Independent. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Economic Development Grant application and authorize the Mayor to sign all related documents. 2. Disapprove or /Deny the Economic Development Grant application. 3. Modify the Economic Development Grant application to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the Economic Development Grant and authorize the Mayor to sign all related documents. Sample Motion Move to approve the Economic Development Grant and authorize the Mayor to sign all related documents. *Please run the following legal notice in the legal section of the Grand Island Independent on Saturday, October 25, 2008 Please send Affidavit of Publication to: Community Development Division City of Grand Island P. O. Box 1968 Grand Island, NE 68802 ------------------------------------------------------------------------------------------------ NOTICE OF PUBLIC HEARING ON APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given, that on November 4, 2008, in the City Council Chambers of City Hall, the City of Grand Island will hold a public hearing concerning an application to the Department of Economic Development for a Community Development Block Grant. This grant is available to local governments for economic developme nt activities in the local community. The City of Grand Island is requesting $506,000 from the Nebraska Department of Economic Development, of which $500,000 will be conditionally granted for Economic Development Project Infrastructure required for the attraction of a metal manufacturing business - Project Amada, (the exact identify of this company is unknown at this time). The remaining $6,000 will be retained by the City for audit and administrative expense expenses associated with the grant. The project will result in the creation of 50 fulltime equivalent positions, of which 51% will be held by or made available to low-to-moderate income persons. At this time all that is known is this project represents the expansion of an existing company headquartered outside the City of Grand Island. All the CDBG funds will be used for activities that will meet the CDBG national objective of benefiting low-to-moderate income persons. The CDBG funded activities are unlikely to result in the residential displacement of people, and should such displacement occur it would be minimized and resolved pursuant to the Grand Island City Council antidisplacement and relocation plans. All interested parties are invited to attend this public hearing at which time you will have the opportunity to be heard regarding the grant application. The grant application will be available for public inspection at the Community Development Division office located in Grand Island City Hall. Written testimony will also be accepted at the public hearing. Written comments addressed to Margaret Hornady, Mayor, will be accepted if received on or before the scheduled date of the hearing. Individuals requiring physical or sensory accommodations including interpreter service, braille, large print, or recorded materials, please contact RaNae Edwards, City Clerk, 100 E. 1st St., P.O. Box 1968, Grand Island Nebraska 68802-1968, Phone: 308-385-5444, ext. 111, no later than November 3, 2008. Joni Kuzma Community Development Administrator 2008 Individuals who are hearing and/or speech impaired and have a TDD, may contact the Department through the Statewide Relay system by calling (800) 833-7352 (TDD). The relay operator should be asked to call DED at (800) 426-6505 or 402-471-3119. APPLICATION FOR ECONOMIC DEVELOPMENT CATEGORY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Nebraska Department of Economic Development (DED) PPAARRTT II.. GGEENNEERRAALL IINNFFOORRMMAATTIIOONN TYPE OR PRINT ALL INFORMATION 1. APPLICANT IDENTIFICATION 2. PERSON PREPARING APPLICATION Applicant Name City of Grand Island, Nebraska Name Stewart K. Jobes Mailing Address 100 E. First St. – P.O. Box 1968 Address 301 Centennial Mall S – P.O. Box 94666 Grand Island NE 68802-1968 Lincoln NE 68509-4666 (City) (State) (ZIP) (City) (State) (Zip) Telephone Number 308-385-5444 Extn. 248 Telephone Number 402-471-3114 Local Government Contact Joni Kuzma Federal Tax ID # / SS# Fax Number 308-385-5488 Email Address stew.jobes@nebraska.gov Federal Tax ID Number 47-6006205 Email Address jkuzma@grand-island.com Application Preparer (check one) ¨ Local Staff ¨ Out-of-State Consultant ¨ Economic Development District ¨ Non-Profit Organization ¨ In-State Consultant T DED Staff 5. FUNDING SOURCES CDBG Funds Requested $ 506,000 Matching Funds $ 2,305,000 Other Funds $ Total Project Funds $ 2,811,000 3. DEVELOPMENT CATEGORY TDirect Loan Job Training Spec Building Public Works Entrepreneur Development 4. APPLICATION TYPE T Individual ¨ Joint (List other applicants in box #6) (Round amounts to the nearest hundred dollars.) 6. PROGRAM SUMMARY: Brief narrative description of the project for which CDBG funds are requested Project Amada, an unidentified metal manufacturing company, is requesting a conditional Community Development Block Grant the proceeds of which will be utilized by the City of Grand Island to fund the public infrastructure required for the attraction of this business. The funding will enable Project Amada to create 50 fulltime equivalent positions of which 51% will be held by or made available to low to moderate income persons. 7. CERTIFYING OFFICIAL: Chief elected officer of local government requesting CDBG funds To the best of my knowledge and belief, data and information in this application are true and correct, including any commitment of local or other resources. This application has been duly authorized by the governing body of the applicant following an official public hearing. This applicant will comply with all Federal and state requirements governing the use of CDBG funds. Margaret Hornady, Mayor Signature in ink Typed Name and Title Date Signed RaNae Edward, City Clerk Attest Typed Name and Title Date Signed SUBMIT THE ORIGINAL OF THE ENTIRE APPLICATION (no additional copies are required) TO: Nebraska Department of Economic Development Division of Community and Rural Development PO Box 94666 - 301 Centennial Mall South Lincoln, NE 68509-4666 (402) 471-3119 (800)426-6505 Fax (402) 471-8405 DED USE ONLY Application Number 08-ED- Date Received PART II. FUNDING SUMMARY (Round amounts to the nearest hundred dollars.) Activity Code CDBG Funds Matching Funds Other Funds Total Funds Sources of Matching or Other Funds 0010 Acquisition 0070 Public Fac. & Improvements 0230 Streets 0250 Storm Sewers 0270 Sanitary Sewers 0290 Sewage Treatment 0310 Water Source/Well 0330 Water Distribution 0350 Water Storage 0370 Flood & Drainage Facilities 0600 ED Infrastructure Development 500,000 2,305,000 2,805,000 City of Grand Island 0690 Fixed Assets / Land and Building 0691 Speculative Building 0700 Direct Financial Assistance to For-Profit Biz 0710 Job Training 0730 Working Capital 0750 Fixed Assets / Machinery & Equipment 0770 Fixed Assets / Leaseholds Improvements 0780 Entrepreneur Development 0791 Microenterprise Lending 0181 General Administration 6,000 6,000 1000 TOTAL PROGRAM COSTS $506,000 $2,305,000 $2,811,000 Item F1 #9198 - Consideration of Annexation Property Located at 908 East Capital Avenue (Second Reading) Tuesday, November 04, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: November 4, 2008 Subject: Annexation (Second Reading) Item #’s: F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land, located in the S ½ of the SW ¼ 3-11-09 (908 E. Capital Avenue) into the Grand Island City Limits see the attached map. The owner of this property petitioned Council to consider annexation of this property. He desires to hook this property up to city sewer services. Discussion On September 3, 2008 the Hall County Regional Planning Commission held a public hearing before considering this matter. No members of the public testified at the hearing held by the Regional Planning Commission. This property is adjacent to and contiguous with the Grand Island City along a portion of its southern property line (Capital Avenue). Water is available to the property included in this annexation request. Sewer is available to the property. This property is within the Grand Island Utilities Electrical Service District. This property is within the Grand Island School District. Annexing this property will not impact the two mile extraterritorial jurisdiction of Grand Island. This is the second reading of the ordinance to annex property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Ruge to approve the annexation request and seconded by Miller. A roll call vote was taken and the motion passed with 10 members present (Miller, O’Neill, Ruge, Reynolds, Hayes, Eriksen, Monter, Haskins, Bredthauer, Snodgrass) all voting in favor. Sample Motion Approve the annexation as Submitted Approved as to Form ¤ ___________ October 31, 2008 ¤ City Attorney ORDINANCE NO. 9198 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land North of Capital Avenue in the Southwest Quarter (SW1/4) of Section Three (3) in Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County in the area of 908 East Capital Avenue, Nebraska as more particularly described hereinafter; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on September 3, 2008, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tracts of land in Hall County, Nebraska: Beginning at a point 843.8 feet East of the Southwest Corner of Section Three (3), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; running thence North on a line parallel with the Section line 516 feet; thence East on a line parallel with the Section line 421.4 feet; thence South parallel with the Section line 516 feet to the South line of said Section; thence West along said Section line 421.4 feet to the place of beginning. AND Commencing at a point 452.8 feet West of the center of the Omaha and Republican Valley Railroad now known as the Ord Branch of the Union Pacific * This Space Reserved For Register of Deeds * ORDINANCE NO. 9198 (Cont.) - 2 - Railroad Company, and the Northeast Corner of the North Twelve (12) acres, more of less of the South Thirty Two (32) acres of that part of the Southwest Quarter (SW1/4) of Section Three (3) in Township Eleven (11) North, Range Nine (9), West of the 6th P.M., and lying West of said Railroad; thence running in a Southerly direction 312.5 feet; thence in a Westerly direction 697.0 feet; thence in a Northerly direction 312.5 feet; thence in an Easterly direction 697.0 feet to the place of beginning. WHEREAS, after public hearing on October 28, 2008, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 28, 2008, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that the extraterritorial zoning jurisdiction is extended as allowed by law. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience ORDINANCE NO. 9198 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services adopted by the City Council by the passage and approval of Resolution No. 2008-274 is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted by herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. ORDINANCE NO. 9198 (Cont.) - 4 - SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: ___________________________, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of October 28, 2008 City Council Regular Meeting Tuesday, November 04, 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 October 28, 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 October 28, 2008. Notice of the meeting was given in The Grand Island Independent on October 22, 2008. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Pastor Aaron Utecht, Evangelical Free Church, 2609 South Blaine Street followed by the PLEDGE OF ALLEGIANCE. COMMUNICATION: Mayor Hornady introduced Community Youth Council member Malorie Meier. PRESENTATIONS AND PROCLAMATIONS: Recognition of Larry Christensen, Electric Distribution Supervisor in the Utilities Department for 35 Years of Service with the City of Grand Island. Mayor Hornady and the City Council recognized Larry Christensen for 35 years of service in the Utilities Department. Gary Mader, Utilities Director introduced Larry Christensen who was present to receive his certificate of recognition. Proclamation “Pulmonary Hypertension Awareness Month” November, 2008. Mayor Hornady proclaimed the month of November 2008 as “Pulmonary Hypertension Awareness Month”. Kristi Veeder was present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request from Kenneth and Amy Friesen for Conditional Use Permit for a Parking Lot Located at 903 West Anna Street. Craig Lewis, Building Department Director reported that Kenneth and Amy Friesen had applied for a Conditional Use Permit for a parking lot at 903 West Anna Street. It was recommended council approve the conditional use permit wit h the condition the existing building on the property be demolished in compliance with City codes prior to any other construction of the proposed parking lot. Joel Huffman, 913 West Anna Street presented a petition with stipulations. Mr. Huffman spoke in support if stipulations were met. No further public testimony was heard. Public Hearing on Request from Geotechnical Services, Inc. for Conditional Use Permit for Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street. Craig Lewis, Building Department Director reported that Geotechnical Services on behalf of R D & D, Inc. had applied to renew the Conditional Use Permit to allow for the continued use of a Page 2, City Council Regular Meeting, October 28, 2008 soil vapor extraction trailer located at 417 North Sycamore Street. It was recommended council approve the request for two years with the condition the required landscaping be replaced within 60. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 4220 Lariat Court (Jonathan R. and Shannon K. Boehle). Gary Mader, Utilities Director reported that a utility easement was needed at 4220 Lariat Court 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 conduit and secondary wire to provide additional electrical service and a street light on the cul-de-sac. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Be tween 3305 and 3333 Old Potash Highway (State of Nebraska Department of Roads). Gary Mader, Utilities Director reported that a utility easement was needed between 3305 and 333 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 primary underground cable and a pad- mounted transformer to provide increased electrical service to the expanded Department of Roadways building at 3305 Old Potash Highway. Staff recommended approval. No public testimony was heard. Public Hearing Concerning the Semi-Annual Report by the Citizens’ Review Committee (CRC) on the Economic Development Program Plan. Dehn Renter, CRC President, 1820 N. Sherman Court gave the semi-annual report. No public testimony was heard. Public Hearing Concerning Annexation of Property Located at 908 East Capital Avenue. Steve Riehle, Public Works Director reported the property owner of 908 East Capital Avenue petitioned Council to consider annexation of this property in order to hook up to city sewer services. Council approval was recommended. No public testimony was heard. Public Hearing on Request from Global Industries for Expansion of Easement on Property Owned by Eugene and Janice Penrose Located at 2810 East Highway 30. Craig Lewis, Building Department Director reported this request was to modify or expand an existing easement to accommodate construction of an addition onto the existing Global Industries manufacturing facility located at 2928 East Highway 30. Council approval was recommended. 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: #9195 – Consideration to Amend and Restate the City of Grand Island, Nebraska Police Officers’ Retirement System Plan and Trust #9196 – Consideration to Amend and Restate the City of Grand Island, Nebraska Firefighters’ Retirement System Plan and Trust #9197 – Consideration of Amendments to Chapters 10 and 22 of the Grand Island City Code Relative to Cemetery and Parking in Front Yards Page 3, City Council Regular Meeting, October 28, 2008 #9198 – Consideration of Annexation Property Located at 908 East Capital Avenue (First Reading) 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 Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Brenda Sutherland, Human Resources Director reported Ordinances #9195 and #9196 related to changes recommended by Wells Fargo to maintain IRS compliance for the City’s Police Officer’s and Firefighter’s Retirement System Plan and Trust. Wes Nespor, Attorney reported Ordinance #9197 was part of the process to update the City Code. Mr. Shotkoski explained changes related to Chapter 10 clarifying provisions related to cemetery grounds and role of the cemetery superintendent. Changes to Chapter 22 were housekeeping. Motion by Meyer, second by Niemann to approve Ordinances #9195, #9196, and #9197. City Clerk: Ordinances #9195, #9196, and #9197 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: Ordinance #9195, #9196, and #9197 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 #9195, #9196, and #9197 are declared to be lawfully adopted upon publication as required by law. #9198 – Consideration of Annexation Property Located at 908 East Capital Avenue (First Reading) Ordinance #9198 related to the aforementioned Public Hearing. Motion by Meyer, second by Gericke to approve Ordinance #9198 on first reading. Upon roll call vote, all voted aye. Motion adopted. CONSENT AGENDA: Motion by Zapata, second by Brown to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 14, 2008 City Council Regular Meeting. Approving Minutes of October 21, 2008 City Council Study Session. Page 4, City Council Regular Meeting, October 28, 2008 Approving Appointments of Phil Maltzahn, Mike Wanek, Cheryl Nietfeldt, Dallas Kime, Randy Evans, Bill Raile, John Folsom, Bob Dodendorf, and Fred Groenke to Business Improvement District No. 6 Board. Approving Appointments of David Bartz, Gene McCloud, Bud Rasmussen, Rhonda Saalfeld, Bill Lawrey, Jeff Reed, and Dan Naranjo to Business Improvement District No. 7 Board. Approving Appointments of Matt Armstrong, Bruce Eberle, Craig Hand, Mark Stelk, Dee Johnson, Tom Ziller, Mark Tracy, Kurt Haecker, and KC Hehnke to Business Improvement District No. 8 Board. Approving Request from Dominic Montavon, 2830 Fort Worth Avenue for Liquor Manager Designation for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue. #2008-302 – Approving Community Oriented Police (COPS) Secure Our Schools Grant in the Amount of $95,612.00 in Cooperation with the Grand Island Public Schools. #2008-303 – Approving Acquisition of Utility Easement Located at 4220 Lariat Court (Jonathan R. and Shannon K. Boehle). #2008-304 – Approving Acquisition of Utility Easement Between 3305 and 3333 Old Potash Highway (State of Nebraska Department of Roads). #2008-305 – Approving Farm Management Authority (Tim Johnson) with Farmer’s National Company (FSA). #2008-306 – Approving Settlement of $1,334.00 for Home Deferred Loan (Clifford H. Nelson). #2008-307 – Approving Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. #2008-308 – Approving Continuation of Sanitary Sewer District No. 526, Extension of Sanitary Sewer to Serve Grand Island Plaza Subdivision. #2008-309 – Approving Bid Award for Repair of Concrete Surfaces of Odorous Air Scrubbing Filter (Bio-Filter) at the Waste Water Treatment Plant with Mongan Painting Co., Inc. of Cherokee, Iowa in an Amount of $41,481.29. #2008-310 – Approving Request from Global Industries for Expansion of Easement on Property Owned by Eugene and Janice Penrose Located at 2810 East Highway 30. #2008-311 – Approving Identity Theft Improvement Program. REQUESTS AND REFERRALS: Consideration of Request from Kenneth and Amy Friesen for Conditional Use Permit for a Parking Lot Located at 903 West Anna Street. This item related to the aforementioned Public Hearing. Page 5, City Council Regular Meeting, October 28, 2008 Discussion was held regarding the size of the parking lot and setback from Anna Street. Motion by Gilbert, second by Haase to approve the request from Kenneth and Amy Friesen for a Conditional Use Permit at 903 West Anna Street. Upon roll call vote, all voted aye. Motion adopted. Consideration of Request from Geotechnical Services, Inc. for Conditional Use Permit for Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street. This item related to the aforementioned Public Hearing. Motion by Meyer, second by Brown to approve the request from Geotechnical Services, Inc. for a Conditional Use Permit at 417 North Sycamore Street for two years with the stipulation that required landscaping be replaced within 60 days of approval. Upon roll call vote, all voted aye. Motion adopted. Consideration from Electrical Board Recommending Revocation of Certificate of Registration for Stevens Electric, 1316 South Sylvan. Craig Lewis, Building Department Director reported the City Electrical Board had conducted a review of the past practices of Steven Electric according to Chapter 15-46 of the Grand Island City Code and found justification for revocation of Certificate of Registration. It was recommended that the certificate of registration be revoked for a period of one year as prescribed in the City Code. Craig Lewis, Building Department Director was sworn in by City Clerk RaNae Edwards. Exhibits A through I were submitted to the Council and entered into the record. Mr. Lewis reviewed and gave testimony of each violation. Motion by Carney, second by Meyer to approve the revocation of Certificate of Registration for Stevens Electric, 1316 South Sylvan for one year based on the record and find ings presented. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of October 15, 2008 through October 28, 2008, for a total amount of $3,399,918.62. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:15 p.m. RaNae Edwards City Clerk Item G2 #2008-312- Approving Community Development Block Grant Economic Development Project Infrastructure grant This item relates to the aforementioned Public Hearing Item E-1. Tuesday, November 04, 2008 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Item G3 #2008-313- Approving Bid Award - Boiler Penthouse Roof Replacement - Platte Generating Station Tuesday, November 04, 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: November 4, 2008 Subject: Bid Award - Boiler Penthouse Roof Replacement – Platte Generating Station Item #’s: G-3 Presenter(s): Gary R. Mader, Utilities Director Background Inspections of the boiler roof at the Platte Generating Station have indicated leakage and degradation. This is the original roofing system from plant construction in 1982. Materials used in the construction contain asbestos which can be a health hazard when the roof is disturbed and releases particles into the air. Because of the age and condition of the roof, replacement is recommended. The roof replacement project was included in the ’08–’09 Electric Department Budget. This is the fifth of six plant roof areas to be replaced. Specifications were drafted by plant staff and issued for bid. Discussion The specifications for the Boiler Penthouse Roof Replacement were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on October 14, 2008. Responses were received from the bidders listed below. The engineer’s estimate for this project was $100,000.00. Bidder “As Read” Bid Price Evaluated Bid Price Weathercraft Co., Grand Island, NE $ 69,000.00 $71,176.09 Tri-cities Group, Inc., Grand Island, NE $ 84,356.43 $84,356.43 The Bids were reviewed by Utility Engineering staff. The bid from Weathercraft Co. did not include sales tax. Adding sales tax, in accordance with state law, to the materials portion of the bid, adds $2,176.09. The evaluated bid would be adjusted to $71,176.09. Both bids are otherwise compliant with specifications and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for the Boiler Penthouse Roof Replacement to Weathercraft Co. of Grand Island, NE, as the low responsive bidder, in the amount of the evalua ted bid price of $71,176.09. Sample Motion Move to approve award of the bid of $71,176.09 from Weathercraft Co. for the Boiler Penthouse Roof Replacement as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 14, 2008 at 11:15 a.m. FOR: Boiler Penthouse Roof Replacement DEPARTMENT: Utilities ESTIMATE: $100,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: September 12, 2008 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Weathercraft Co. Tri-Cities Group, Inc. Grand Island NE Grand Island NE Bid Security: Universal Surety Company Inland Insurance Company Exceptions: None None Material: $31,087.00 $29,844.00 Labor: $37,913.00 $52,423.35 Sales Tax: ------ $ 2,089.08 Total Base Bid: $69,000.00 $84,356.43 cc: Gary Mader, Utilities Director Bob Smith, Deputy Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Lynn Mayhew, PGS Karen Nagel, Utilities Secretary P1285 Approved as to Form ¤ ___________ October 31, 2008 ¤ City Attorney R E S O L U T I O N 2008-313 WHEREAS, the City Electric Department invited sealed bids for Boiler Penthouse Roof Replacement at Platte Generating Station; and WHEREAS, on October 14, 2008, bids were received, opened and reviewed; and: WHEREAS, the Weathercraft 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 $71,176.09; and; WHEREAS, the bid of the Weathercraft Company, is less than the estimate for Roof Replacement of the Boiler Penthouse at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of the Weathercraft Company of Grand Island, Nebraska, in the amount of $71,176.09 for the Boiler Penthouse Roof Replacement at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 4, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Item G4 #2008-314- Approving Bid Award - Diesel Generator - Platte Generating Station Tuesday, November 04, 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: November 4, 2008 Subject: Bid Award - Diesel Generator – Platte Generating Station Item #’s: G-4 Presenter(s): Gary R. Mader, Utilities Director Background In the event of a regional electric system blackout, restoration of power to the City is accomplished by using the blackstart capability of Gas Turbine 1 (GT-1) at the Burdick Station. This unit is designed to be started without an external power source and, once operating and on-line, is used to start the other generation units of the City. GT-1 was installed in 1967, and while it is regularly operated and maintained, restoring power to the City during an event such as the New Years Day ice storm of 2007, or the tornadoes of 1980, results in relying on a single 40-year-old unit. Additionally, a mobile diesel generator can be used to power other critical municipal infrastructure. In the event of partial electric system destruction; facilities such as the water supply Well Field (which did lose power during the New Years ice storm when a regional transmission line collapsed and cut off all power feeds), reservoir pumping stations, Waste Water treatment facilities, etc. To enhance the security of power restoration and critical infrastructure during emergency conditions, Department staff recommends the addition of a mobile diesel-driven generator that could be used an alternate source of power. Accordingly, the emergency Diesel Generator was included in the ’08–‘09 Electric Department Budget. Department staff developed specifications for the unit. Discussion The specifications for the Diesel Generator were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on October 14, 2008. Responses were received from the bidders listed below. The engineer’s estimate for this project was $750,000.00. Bidder Bid Price NMC, Omaha, NE $ 661,377.70 Interstate Power systems, Minneapolis, MN $ 741,597.77 Cummins Central Power, LLC, Omaha, NE $ 714,354.68 The Bids were reviewed by Utility Engineering staff. The unit proposed by Cummins Central Power does not include the specified two hour fire rating. The bids are otherwise compliant with the specifications and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for the Diesel Generator to Nebraska Machinery Company (NMC) of Omaha, NE, as the low responsive bidder, with the bid price of $661,377.70. Sample Motion Move to approve award of the bid of $661,377.70 from Nebraska Machinery Company (NMC) for the Diesel Generator as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 14, 2008 at 11:00 a.m. FOR: Diesel Generator DEPARTMENT: Utilities ESTIMATE: $750,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: September 12, 2008 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: NMC Interstate Power Systems Omaha, NE Minneapolis, MN Bid Security: Travelers Casualty & Surety Co. Western Surety Company (copy) Exceptions: None None Material: $618,110.00 $690,811.00 Labor: ----- $ 2,430.00 Sales Tax: $ 43,267.70 $ 48,356.77 Total Base Bid: $661,377.70 $741,597.77 Bidder: Cummins Central Power, LLC Omaha, NE Bid Security: Fidelity and Deposit Company Exceptions: None Material: $661,127.69 Labor: $ 6,493.51 Sales Tax: $ 46,733.48 Total Base Bid: $714,354.68 cc: Gary Mader, Utilities Director Bob Smith, Deputy Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Tim Luchsinger, PGS Assist. Utilities Director Karen Nagel, Utilities Secretary P1284 Approved as to Form ¤ ___________ October 31, 2008 ¤ City Attorney R E S O L U T I O N 2008-314 WHEREAS, the City Electric Department invited sealed bids for a Diesel Generator for the Utilities Department; and WHEREAS, on October 14, 2008, bids were received, opened and reviewed; and: WHEREAS, Nebraska Machinery Company of Omaha, 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 $661,377.70; and; WHEREAS, the bid of Nebraska Machinery Company, is less than the estimate for the Diesel Generator. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Machinery Company of Omaha, Nebraska, in the amount of $661,377.70 for the Diesel Generator for the Utilities Department is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 4, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Item G5 #2008-315- Approving Bid Award for Coal Supply at Platte Generating Station for 2009 and 2010 Tuesday, November 04, 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: November 4, 2008 Subject: Bid Award – 2009 – 2010 Coal Supply, Platte Generating Station – Utilities Department Item #’s: G-5 Presenter(s): Gary R. Mader, Utilities Director Background The current two year contract for coal supply to Platte Generating Station expires December 31, 2008. Therefore, bids were solicited for continued supply for calendar years 2009 and 2010. Discussion The contract specifications for coal supply for calendar years 2009 and 2010 were advertised and published in accordance with the City Procurement Code. Bid documents were sent to four prospective bidders. Only two bids were received for the 2009 coal supply, and only one bid was received for the 2010 supply. Bid summary for the 2009 supply: Rio Tinto Energy America: Declined to bid Arch Coal Sales: From the Coal Creek Mine Peabody Energy: From the Caballo mine Foundation Coal Sales: Declined to bid Bid summary for the 2010 supply: Rio Tinto Energy America: Declined to bid Arch Coal Sales: From the Coal Creek Mine Peabody Energy: Declined to bid Foundation Coal Sales: Declined to bid The bids were evaluated for contract compliance and total delivered cost FOB at Platte Generating Station. The lowest cost, compliant bid for 2009 coal supply was received from Arch Coal Sales. Only one bid was received for 2010 coal supply, that also from Arch Coal. It is recommended that the 2010 contract also be awarded to secure fuel supply for a two year term. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Coal Supply Contracts for 2009 and 2010 to Arch Coal Sales, Inc., of St. Louis Missouri. Sample Motion Move to approve the 2009 and 2010 Coal Supply Contracts to Arch Coal Sales, Inc. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 23, 2008 at 11:15 a.m. FOR: 2009 & 2010 Coal Supply Agreement DEPARTMENT: Utilities ESTIMATE: None FUND/ACCOUNT: 520 PUBLICATION DATE: October 9, 2008 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Peabody Energy Arch Coal, Inc. St. Louis, MO St. Louis, MO Bid for 2009 Bid for 2009 & 2010 cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. P1299 Approved as to Form ¤ ___________ October 31, 2008 ¤ City Attorney R E S O L U T I O N 2008-315 WHEREAS, the City Electric Department invited sealed bids for 2009 and 2010 Coal Supply Agreements for the Utilities Department, according to the contract specifications on file at the Utilities Department office; and WHEREAS, it was stipulated that bid prices and/or final award prices would not be publicly disclosed; and WHEREAS, on October 23, 2008 bids were received, opened and reviewed; and WHEREAS, Arch Coal Sales, with sales offices in St. Louis, Missouri, submitted bids in accordance with the terms of the advertisement of bids and the contract specifications and all other statutory requirements contained therein; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bids of Arch Coal Sales, for the 2009 and 2010 Coal Supply Agreements is approved as the lowest responsive bid submitted. BE IT FURTHER RESOLVED, that an agreement between the City and such contractor be entered into for such project; and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 4, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Item G6 #2008-316- Approving Tree Trimming Contract 2009-TT-1 - Utilities Department Tuesday, November 04, 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: November 4, 2008 Subject: Bid Award – Tree Trimming Contract 2009-TT-1 Item #’s: G-6 Presenter(s): Gary R. Mader, Utilities Director Background Proper clearance between trees and power lines is very important to the safe operation and maintenance of the City’s electric system. The Utilities Department has one crew dedicated to Right-of-Way maintenance and also uses the services of contractors when necessary to maintain line clearance over the nearly 500 miles of distribution and transmission lines. Specifications for Contract 2009-TT-1 were prepared for private contractors to provide bids for tree trimming services for the clearances needed for safe, reliable electrical service. A drawing showing the sections to be trimmed this year is attached. Discussion The contract documents provide for trees to be trimmed from electrical circuits in 22 separate areas. The project was publicly advertised and specifications were sent to twelve potential bidders. The bids were publicly opened at 11:00 a.m. on October 23, 2008 in accordance with City Procurement Codes. Bids were received from four firms and have been checked and evaluated. The project specifications provide that the City may select any or all sections to be awarded in this Contract, or the City may award all sections to a single Contractor, or award individual sections to multiple Contractors, whichever method provides the best and lowest overall bid. Tom’s Tree Service G.I. NE Sheffield Tree Service G.I. NE Leetch Tree Service G.I. NE Asplundh Tree Expert Co. Willow Grove, PA Low Bid Per Section Section 1 No Bid $ 8,500.00 $13,275.00 $12,494.40 $ 8,500.00 Section 2 $ 8,100.00 No Bid $ 2,375.00 $ 9,083.58 $ 2,375.00 Section 3 $10,000.00 $ 6,500.00 $ 3,870.00 $12,087.49 $ 3,870.00 Section 4 $11,000.00 No Bid $ 5,550.00 $13,763.00 $ 5,550.00 Section 5 $ 6,500.00 $ 4,200.00 $ 2,775.00 $ 7,432.02 $ 2,775.00 Section 6 No Bid No Bid $10,470.00 $26,401.02 $10,470.00 Section 7 $ 7,500.00 $ 3,500.00 $ 4,875.00 $ 9,670.00 $ 3,500.00 Section 8 No Bid No Bid $11,430.00 $20,644.50 $11,430.00 Section 9 No Bid No Bid No Bid $19,268.20 $19,268.20 Section 10 $ 8,500.00 $ 6,800.00 $ 3,825.00 $13,535.60 $ 3,825.00 Section 11 $11,000.00 No Bid $ 2,875.00 $ 9,370.80 $ 2,875.00 Section 12 $14,000.00 $ 8,500.00 $ 9,120.00 $12,494.40 $ 8,500.00 Section 13 $ 9,000.00 $ 3,500.00 $ 5,650.00 $ 6,247.20 $ 3,500.00 Section 14 No Bid $13,500.00 No Bid $26,556.60 $13,500.00 Section 15 $14,000.00 No Bid $ 7,350.00 $ 9,634.10 $ 7,350.00 Section 16 $ 8,000.00 $ 7,500.00 $ 4,950.00 $ 4,997.76 $ 4,950.00 Section 17 No Bid $ 1,950.00 $ 4,980.00 $ 1,540.97 $ 1,540.97 Section 18 $10,000.00 No Bid $ 7,100.00 $ 7,432.02 $ 7,100.00 Section 19 No Bid No Bid $ 5,160.00 $ 6,917.39 $ 5,160.00 Section 20 No Bid $ 4,500.00 $ 7,818.00 $10,830.88 $ 4,500.00 Section 21 $ 9,800.00 $12,750.00 $21,800.00 $14,993.28 $ 9,800.00 Section 22 $ 3,200.00 $ 3,500.00* $ 1,950.00 $ 2,707.12 $ 1,950.00 LOW SECTION TOTAL $ 9,800.00 $42,000.00 $69,680.00 $20,809.17 $142,289.17 *evaluated amount The total project cost, by taking the lowest bid per section, is $142,289.17. This is below the project’s estimate of $150,000.00. Asplundh Tree Expert Company pointed out that there was a conflict, regarding required contractor insurance, between the General Specifications Section and the Detailed Specifications Section of the bid documents. The General Section included an added coverage which was not included in the Detailed Specifications Section, and not intended for this contract. The City Legal Department was consulted. Additionally, all of the other bidders were contacted to ensure that they had not included any additional premium in their bids for unintended coverage. All advised they had not, and that they would provide insurance in accordance with the Detailed Specifications Section. All bidders are evaluated as qualified to do the contract work and all bids are evaluated as compliant with the specifications. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the trimming contracts to individual contractors as provided for in the specifications in the following manner: Tom’s Tree Service Section 21, in the amount of $9,800.00 Sheffield Tree Service Sections 1, 7, 12, 13, 14, and 20 in the amount of $42,000.00 Leetch Tree Service Sections 2, 3, 4, 5, 6, 8, 10, 11, 15, 16, 18, 19, and 22, in the amount of $69,680.00 Asplundh Tree Expert Sections 9 and 17 in the amount of $20,809.17 Sample Motion Move to approve the Tree Trimming Contract 2009-TT-1 to Tom’s Tree Service, Sheffield Tree Service, Leetch Tree Service, and Asplundh Tree Expert Company based upon the lowest bid for each individual section. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 23, 2008 at 11:00 a.m. FOR: Tree Trimming Contract 2009-TT-1 DEPARTMENT: Utilities ESTIMATE: $150,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: September 29, 2008 NO. POTENTIAL BIDDERS: 11 SUMMARY Bidder: Asplundh Sheffield Tree Service Willow Grove, PA Grand Island NE Bid Security: Travelers Casualty & Surety Western Surety Company Exceptions: Noted None Bid Price: Section 1: $12,494.40 $ 8,500.00 Section 2: 9,083.58 ---- Section 3: 12,087.49 6,500.00 Section 4: 13,763.00 ---- Section 5: 7,432.02 4,200.00 Section 6: 26,401.02 ---- Section 7: 9,670.00 3,500.00 Section 8: 20,644.50 ---- Section 9: 19,268.20 ---- Section 10: 13,535.60 6,800.00 Section 11: 9,370.80 ---- Section 12: 12,494.40 8,500.00 Section 13: 6,247.20 3,500.00 Section 14: 26,556.60 13,500.00 Section 15: 9,634.10 ---- Section 16: 4,997.76 7,500.00 Section 17: 1,540.97 1,950.00 Section 18: 7,432.02 ---- Section 19: 6,917.39 ---- Section 20: 10,830.88 4,500.00 Section 21: 14,993.28 12,750.00 Section 22: 2,707.12 3,500.00 (extra 1,500.00 remove cedars) Total Bid Price: $258,102.33 $86,700.00 Bidder: Leetch Tree Service Tom’s Tree Service Grand Island NE Grand Island NE Bid Security: Western Surety Company Western Surety Company Exceptions: None None Bid Price: Section 1: $13,275.00 $ ---- Section 2: 2,375.00 8,100.00 Section 3: 3,870.00 10,000.00 Section 4: 5,550.00 11,000.00 Section 5: 2,775.00 6,500.00 Section 6: 10,470.00 ---- Section 7: 4,875.00 7,500.00 Section 8: 11,430.00 ---- Section 9: ---- ---- Section 10: 3,825.00 8,500.00 Section 11: 2,875.00 11,000.00 Section 12: 9,120.00 14,000.00 Section 13: 5,650.00 9,000.00 Section 14: ---- ---- Section 15: 7,350.00 14,000.00 Section 16: 4,950.00 8,000.00 Section 17: 4,980.00 ---- Section 18: 7,100.00 10,000.00 Section 19: 5,160.00 ---- Section 20: 7,818.00 ---- Section 21: 21,800.00 9,800.00 Section 22: 1,950.00 3,200.00 Total Bid Price: $137,198.00 $130,600.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Tom Barnes, Eng. Manager P1293 Approved as to Form ¤ ___________ October 31, 2008 ¤ City Attorney R E S O L U T I O N 2008-316 WHEREAS, the City of Grand Island invited sealed bids for Tree Trimming Project 2009- TT-1 for the Utilities Department, according to the plans and specifications on file with the Utilities Department; and WHEREAS, on October 23, 2008, bids were received, opened and reviewed; and WHEREAS, the requested work has been divided into 22 sections in order to achieve the best and lowest cost, and to expedite the completion of the work; and WHEREAS, Tom’s Tree Service of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $9,800.00 for Section 21 of the contract; and WHEREAS, Sheffield Tree Service of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $42,000.00 for Sections 1, 7, 12, 13, 14, and 20 of the contract; and WHEREAS, Leetch Tree Service of Grand Island, Nebraska, submitted a bid in the accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $69,680.00 for Sections 2, 3, 4, 5, 6, 8, 10, 11, 15, 16, 18, 19 and 22 of the contract; and WHEREAS, Asplundh Tree Expert of Willow Grove, Pennsylvania, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirement contained therein, such bid being in the amount of $20,809.17 for Sections 9 and 17 of the contract; and WHEREAS, the combined total of the lowest bids for the above listed twenty-two sections represents the lowest responsible bid for said project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The bid of Tom’s Tree Service of Grand Island, Nebraska, in the amount of $9,800.00 for Section 21 of the contract is hereby approved as the lowest responsive bid submitted for this section. 2. The bid of Sheffield Tree Service of Grand Island, Nebraska, in the amount of $42,000.00 for Sections 1, 7, 12, 13, 14, and 20 of the contract is hereby approved as the lowest - 2 - responsive bid submitted for those sections. 3. The bid of Leetch Tree Service of Grand Island, Nebraska, in the amount of $69,680.00 for Sections 2, 3, 4, 5, 6, 8, 10, 11, 15, 16, 18, 19, and 22 of the contract is hereby approved as the lowest responsive bid submitted for those sections. 4. The bid of Asplundh Tree Experts of Willow Grove, Pennsylvania, in the amount of $20,809.17 for Sections 9 and 17 of the contract is hereby approved as the lowest responsive bid submitted for those sections. 5. A contract for such project be entered into between the City and such contractors; and 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, November 4, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Item G7 #2008-317- Approving Bid Award - Electrical Project 2009-TS-1 - Transformer Storage Area - Burdick Station Tuesday, November 04, 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: November 4, 2008 Subject: Bid Award – Paving at Transformer Storage Yard at Burdick Station Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background The contract provides for expanding an additional area for storing the Department’s overhead and pad-mounted electrical transformers at the Burdick Station Power Plant. The new area will provide a safe and secure site for compliance with the guidelines of the Federal Oil Pollution Prevention Regulations, in Title 40 Code of Federal Regulations (CFR), Part 112, which includes the Spill Prevention Control and Countermeasure (SPCC) Plan and the Facility Response Plan (FRP) requirements. A plot plan of the area is attached. Discussion Plans and specifications were prepared by the Utilities Department Engineering Division. The bid documents were sent to four potential bidders. The bids were advertised and publicly opened at 11:00 a.m. on Monday, October 20, 2008 in accordance with City Procurement Codes. One bid was received. That bid has been checked and evaluated for compliance with the specifications. It is compliant, with no exceptions. Bidder: Diamond Engineering of Grand Island, Nebraska Exceptions: None Bid Price: $64,555.00 The engineer’s estimate for this project was $91,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid of Diamond Engineering in the amount of $64,555.00 for Electrical Contract 2009-TS-1; Transformer Storage Yard at Burdick Station. Sample Motion Move to approve the bid of Diamond Engineering in the amount of $64,555.00 for paving at the Transformer Storage Yard, Burdick Station. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 20, 2008 at 11:00 a.m. FOR: Electrical Project 2009-TS-1 DEPARTMENT: Utilities ESTIMATE: $91,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: October 9, 2008 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: The Diamond Engineering Co. Grand Island NE Bid Security: Universal Surety Company Exceptions: None Bid Price: $64,555.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Tom Barnes, Engineering Manager P1295 Approved as to Form ¤ ___________ October 31, 2008 ¤ City Attorney R E S O L U T I O N 2008-317 WHEREAS, the City Electric Department invited sealed bids for paving the Transformer Storage Yard at Burdick Station; and WHEREAS, on October 20, 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 $64,555.00; and; WHEREAS, the bid of the Diamond Engineering Company, is less than the estimate for Paving of the Transformer Storage Yard at Burdick Station. 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 $64,555.00 for the Paving of the Transformer Storage Yard at Burdick Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 4, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ Paul Briseno, Deputy City Clerk Item G8 #2008-318- Approving Subordination Agreement on Lot 1, Platte Industrial 6th Subdivision (Economic Development Corporation) Tuesday, November 04, 2008 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity AICP, Planning Director Council Meeting: November 4, 2008 Subject: Subordination Request for 4705 Gold Core Dr. (Grand Island Economic Development Corp.) Item #’s: G-8 Presenter(s): Joni Kuzma, Community Development Background The City Of Grand Island has a Real Estate Lien filed on property in the Platte Valley Industrial Park (Spec Building Site) in the amount of $250,000. On October 5, 2007 a lien was filed against this property to secure Community Development Block Grant funds and agreements in the amount of $250,000.00 that were loaned to the Grand Island Economic Area Development Corporation to assist in the construction of a shell building for the purposes of economic development as part of the Community Development Block Grant program. The legal description is: All of Lot One (1) Platte Valley Industrial Park Sixth Subdivision, in the City Of Grand Island, Nebraska according to the record plat thereof, The owner is requesting permission to assume a first lien, behind which the City would become the second lien. Discussion The City’s current Real Estate Lien is junior in priority. A new lien not to exceed the amount of $9,000,000 with Platte Valley State Bank & Trust, and Nebraska Development Corporation and/or U.S. Small Business Administration to Zitski, LLC, Nova Tech, Inc and Gloria J. Thesevitz would replace the senior Deed of Trust. By law, the new Deed of Trust would be junior in priority to the City’s lien, however, the new le nders, Platte Valley State Bank & Trust, and Nebraska Development Corporation and/or U.S. Small Business Administration have asked the City to subordinate its Real Estate Lien to the new Deed of Trust. The new anticipated value of the property is sufficient to secure the first mortgage of $9,000,000 and the City’s original lien of $250,000. The City’s loan of $250,000 runs with the ownership of the property. The lien amount does not decrease and is only forgiven once owner meets the employment requirements of the grant and maintains those positions for one year. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Subordination Request. 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. RECOMMENDATION City Administration recommends that the Council approves the Subordination Request. Sample Motion Recommend approval to the Grand Island City Council of the Subordination Agreement with Platte Valley State Bank & Trust, and Nebraska Development Corporation and/or U.S. Small Business Administration, placing the City in the junior position to the new Deed of Trust. SUBORDINATION AGREEMENT COMES NOW the City of Grand Island, Nebraska, secured party/beneficiary and hereby partially subordinates its trust deed/real estate lien recorded October 5, 2007 affecting the following described real estate: Lot One (1), Platte Valley Industrial Park Sixth Subdivision, in the City of Grand Island, Hall County, Nebraska. It is the intent of this Agreement that the trust deeds for amounts loaned by Platte Valley State Bank & Trust and Nebraska Economic Development Corporation (“NEDCO”) and/or U.S. Small Business Administration (“SBA”) to Zitski, LLC, Nova Tech, Inc., and Gloria J. Thesenvitz (collectively the “Borrowers”) that has been or is about to be filed, shall be superior to the trust deed/real estate lien of the City of Grand Island, its successors and assigns recorded October 5, 2007, up to the amount of $9,000,000 plus interest and amounts advanced to protect the collateral. Thereafter, the City of Grand Island’s lien shall have priority. It is further understood that this subordination shall include all current obligations, extensions, renewals, advances or modifications made by the City of Grand Island, Nebraska to Borrowers which is secured by the trust deed/real estate lien recorded October 5, 2007 at Document Number 0200708621 in the records of the Register of Deeds of Hall County, Nebraska. Nothing in this Subordination Agreement is intended as a promise to provide financing or make advances to Borrowers by the City of Grand Island, Nebraska and it is not the intention of the City of Grand Island, Nebraska to warrant or guarantee the obligations of Borrowers but merely to partially subordinate its lien interests under the instrument recorded at Document Number 0200708621. It is understood that Platte Valley State Bank & Trust, NEDCO and SBA intend to lend funds to Borrowers but that the subordinated amount is not to exceed $9,000,000 plus interest and amounts advanced to protect the collateral. Nothing in this instrument is intended to relieve Borrowers of their obligation to the City of Grand Island, Nebraska or to subordinate any other lien interests including, but not limited to, real estate taxes and special assessments. Dated: __________________ City of Grand Island, Nebraska By_____________________________________ STATE OF NEBRASKA ) Margaret Hornady, Mayor )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me on ______________________, 20___, by Margaret Hornady, Mayor of the City of Grand Island, Nebraska. ______________________________ Notary Public Approved as to Form ¤ ___________ October 31, 2008 ¤ City Attorney R E S O L U T I O N 2008-318 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated October 4, 2007 and recorded on October 5, 2007, as Instrument No. 0200708621, in the amount of $250,000.00, secured by property described as follows: Lot One (1), Platte Valley Industrial Park Sixth Subdivision, in the City of Grand Island, Hall County, Nebraska. (Formerly known as Lot 7, Platte Valley Industrial Park Third Subdivision in said City). . WHEREAS, Grand Island Area Economic Development Corporation wishes to sell the property in furtherance of its mission and in compliance with a CDBG program loan affecting the property; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans; and WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deed of Trust to the City of Grand Island, as beneficiary to that of the new loans and Deeds of Trust of Platte Valley State Bank & Trust and Nebraska Economic Development Corporation (“NEDCO”) and/or U.S. Small Business Administration (“SBA”), Beneficiary, as more particularly set out in the subordination agreement. ---- Adopted by the City Council of the City of Grand Island, Nebraska, _________________, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of October 29, 2008 through November 4, 2008 The Claims for the period of October 29, 2008 through November 4, 2008 for a total amount of $1,209,476.13. A MOTION is in order. Tuesday, November 04, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council