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01-13-2009 City Council Regular Meeting PacketCity of Grand Island Tuesday, January 13, 2009 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 Larry Carney Scott Dugan John Gericke Peg Gilbert Chuck 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 E1 Public Hearing on Request from Timothy Stueben dba Stueby’s Alibi, 908 North Broadwell Avenue for a Class “C” Liquor License Tuesday, January 13, 2009 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: January 13, 2009 Subject: Public Hearing on Request from Timothy Stueben dba Stueby’s Alibi, 908 North Broadwell Avenue 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 Timothy Stueben dba Stueby’s Alibi, 908 North Broadwell Avenue has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of beer on and off sale only inside the corporate limits of the city. 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 ma y: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application of Timothy Stueben dba Stueby’s Alibi, 908 North Broadwell Avenue for a Class “C” Liquor License contingent upon final inspections and upon Mr. Stueben completing a state approved alcohol server/seller training program. Item G1 Approving Minutes of December 30, 2008 City Council Special Meeting Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING December 30, 2008 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on December 30, 2008. Notice of the meeting was given in The Grand Island Independent on December 24, 2008. President Robert Meyer called the meeting to order at 5:30 p.m. The following City Council members were present: Councilmember’s Meyer, Zapata, Ramsey, Dugan, Carney, Gilbert, Gericke, and Niemann. Mayor Hornady and Councilmember’s Nickerson and Haase were absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, and Public Works Director Steve Riehle . INVOCATION was given by Councilmember Gilbert followed by the PLEDGE OF ALLEGIANCE. CONSENT AGENDA: Consent Item G-2 was pulled for further discussion. Motion by Zapata, second by Ramsey to approve the Consent Agenda excluding item G-2. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 16, 2008 City Council Regular Meeting. #2008-361 – Approving Funding of Economic Development Corporation Request for Nova-Tech, Inc. and Platte Valley Industrial Park and Designation of Future Use of NW Energy Surcharge Funds for City State Fair Purposes. City Administrator Jeff Pederson reported that the Economic Development Corporation had requested $86,000.00 in economic development surcharge funds from NW Energy rate settlement. Nova-Tech, Inc. would receive $28,700.00 and the Grand Island Area Economic Development Corporation would receive $57,300.00 to offset the debt service for improvements made to the Platte Valley Industrial Park. Future NW Energy surcharge funds would be earmarked for the State Fair purposes. Marlan Ferguson, EDC President spoke in support of continued NW Energy funding to the EDC. Discussion was held on the Nova-Tech grant which Mr. Ferguson explained. City Administrator Jeff Pederson commented on the surcharge and purpose of the monies received. Discussion was held regarding the use of NW Energy funds to the State Fair. Motion was made by Carney, second by Gilbert to approve Resolution #2008-361. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Zapata to approve the Claims for the period of December 17, 2008 through December 30, 2008, for a total amount of $2,081,348.37. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 6:00 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of January 6, 2009 City Council Study Session Tuesday, January 13, 2009 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 January 6, 2009 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 January 6, 2009. Notice of the meeting was given in the Grand Island Independent on December 31, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Meyer, Nickerson, Zapata, Ramsey, Dugan, Carney, Haase, Gilbert, Gericke, and Niemann. The following City Officials were present: City Administrator Jeff Pederson, Deputy City Clerk Paul Briseno, City Attorney Dale Shotkoski, Public Works Director Steve Riehle and Finance Director David Springer. INVOCATION was given by Mayor Margaret Hornady followed by the PLEDGE OF ALLEGIANCE. Review of Industrial Waste Water Permitting. Steve Riehle, Public Works Director gave a PowerPoint presentation on the Waste Water Treatment Plant. Presented were the following: · Sanitary Sewer Collection System and Waste Water Treatment Plant · History of Grand Island’s Waste Water Treatment Plant · Discharge Permit for Grand Island Waste Water Treatment Plant · Past Upgrades to the Grand Island Waste Water Treatment Plant · Industrial Waste Water Permitting · Existing Sanitary Sewer Rate Structure · Changes to Sanitary Sewer Rates · Historic Waste Water Flows · Waste Water Treatment Plant Overloading · Updated Cost-of-Service Study · Updated Comprehensive Plan for the Waste Water Collection System and Treatment Plant · Future Upgrades to the Grand Island Waste Water Treatment Plant · Capacity Analysis of Grand Island’s Waste Water Treatment Plant · History of JBS Packing Plant · Pre-Treatment System for Industrial Waste Water at JBS · Communication and Coordination with JBS · 1994 Industrial Waste Water Pre-Treatment Agreement between the City and JBS · New Industrial Waste Water Pre-Treatment Agreement between the City and JBS Discussion was held concerning sewer rates, rate structures, overloads and discharge violations from JBS Swift, and WWTP capacity and expansion. Page 2, City Council Study Session, January 6, 2009 John Henderson, Waste Water Treatment Plant Superintendent answered questions concerning sludge and how some communities are turning it into pellets for energy use. Steve Riehle, Public Works Director stated the Public Works Administration would bring forward an agreement for professional services to hire a consulting engineering firm to assist with preparation of and negotiations for an industrial waste water pre-treatment agreement with JBS at a future council meeting. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. Paul Briseno Deputy City Clerk Item G3 Approving Councilmember Appointments to Boards and Commissions Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Council Agenda Memo From: Mayor Margaret Hornady Meeting: January 13, 2009 Subject: Approving Councilmember Appointments to Boards and Commissions Item #’s: G-3 Presenter(s): Mayor Margaret Hornady Background It is customary in December of each year for the Mayor to recommend appointments of Councilmember’s to represent the City on various Boards and Commissions. Discussion The following appointments have been submitted by the Mayor for approval. These appointments will become effective imme diately and will expire on December 31, 2009: Building Code Advisory Board: Bob Meyer Business Improvement District #4: Kirk Ramsey (So. Locust – Stolley to Fonner) Business Improvement District #6: Larry Carney (2nd Street) Business Improvement District #7: Scott Dugan (So. Locust – Hwy 34 to Stolley) Business Improvement District #8: Jose Zapata (Downtown) Central District Health Board (Term of 3 years) Chuck Haase City/County Communications/Civil John Gericke, Bob Meyer Defense Committee: & Bob Niemann City/County Efficiency Effectiveness Committee Scott Dugan & Mitch Nickerson Community Development Advisory Board: Scott Dugan Community Redevelopment Authority: Kirk Ramsey GI Area Economic Development Corp. Peg Gilbert Humane Society: Larry Carney Law Enforcement Co-Location: Mitch Nickerson Library Board: Jose Zapata Multicultural Coalition: Bob Niemann Problem Resolution Team: John Gericke Regional Planning Commission: Peg Gilbert & Mitch Nickerson Systems Information Advisory Committee Chuck Haase (City/County) Transportation Committee: Bob Meyer & Chuck Haase Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the appointments of Councilmember’s to Board and Commissions 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 recommendation of the Mayor. Sample Motion Move to approve the appointments of Councilmember’s to the Boards and Commissions as recommended by the Mayor. Item G4 Approving Appointments to the Electrical Board The following individuals have expressed their willingness to serve on the City of Grand Island Electrical Board for the year 2009. Larry Seney, Master Electrician; Brady Blauhorn, Journeyman Electrician; Bob Bennett, Utility Department Representative; Don Metcalf, General Public Representative; and Craig Lewis and Dean Mathis, Building Department as Ex-Officio members. The above recommendations are made in compliance with the Grand Island City Code and approval is requested. Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G5 Approving Appointments to the Mechanical Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Mechanical Board for the year 2009. Mike McElroy, Master Mechanical; Loren Peterson, Gas Company Representative; Scott Hilligas, Contracting Mechanical; Mike Myers, Master Mechanical; Todd Bredthauer, Journeyman Mechanical; Tom O'Neill, Community Member; and Russ Shaw, Plumbing Inspector for the Building Department. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G6 Approving Appointments to the Plumbers Examining Board The following individuals have express their willingness to serve on the City of Grand Island Plumbing Board for a two year term 2009/2010. Doug Hough and Eric Rose, Master Plumbers; Jeremy Collinson, Health Department; Craig Lewis and David Scoggins, Building Department Ex-Officio's. The above recommendations are made in compliance with the Grand Island City Code and approval is requested. Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G7 #2009-1 - Approving Bid Award - Railroad Track Repair - Platte Generating Station Tuesday, January 13, 2009 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: January 13, 2009 Subject: Railroad Track Repair Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background As part of normal maintenance, the rail spur at the Platte Generating Station must periodically have ties replaced and additional rail bed ballast applied. This project will restore the track elevation, replace 400 deteriorated ties and return the rails to the correct spacing. Power plant engineering staff developed specifications for this work. Discussion The specifications for the Railroad Track Repair were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on December 16, 2008. Specifications were sent to three potential bidders and responses were received as listed below. The engineer’s estimate for this project was $100,000.00. Bidder Bid Price Atlas Company of Lincoln, Nebraska $55,975.00 R & S Track Maintenance, Inc.- Columbus, NE $58,915.00 H & H Railroad Builder – Stockton, CA $61,404.00 The bids were reviewed by plant engineering staff. All bids are compliant with specifications and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for Railroad Track Repair to Atlas Company of Lincoln, Nebraska as the low responsive bidder, with the bid price of $55,975.00. Sample Motion Move to approve award of the bid of $55,975.00 from Atlas Company of Lincoln, Nebraska for the Railroad Track Repair 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: December 16, 2008 at 11:00 a.m. FOR: Railroad Track Repair 2009 DEPARTMENT: Utilities ESTIMATE: $100,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: November 28, 2008 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: R & S Track Maintenance, Inc. H & H Railroad Builder Columbus NE Stockton CA Bid Security: 2,945.75 Liberty Mutual Ins. Co. Exceptions: None None Bid Price: Materials: $11,439.24 $ 3,657.00 Labor: 46,675.00 57,491.00 Sales Tax: 800.76 256.00 Total: $58,915.00 $61,404.00 Bidder: Atlas Company of Lincoln Lincoln NE Bid Security: Inland Insurance Co. Exceptions: None Bid Price: Materials: $ 6,190.00 Labor: 49,351.00 Sales Tax: 434.00 $55,975.00 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. Karen Nagel, Utilities Secretary Rodger Zawodniak, PGS P1310 Approved as to Form ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-1 WHEREAS, the City Electric Department invited sealed bids for Railroad Track Repair at Platte Generating Station; and WHEREAS, on December 16, 2008, bids were received, opened and reviewed; and: WHEREAS, Atlas Company of Lincoln, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $55,975.00; and; WHEREAS, the bid of Atlas Company of Lincoln, is less than the estimate for Railroad Track Repair 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 Atlas Company of Lincoln, Nebraska, in the amount of $55,975.00 for Railroad Track Repair at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2009-2 - Approving Bid Award - Cooling Tower Riser Repair - Platte Generating Station Tuesday, January 13, 2009 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: January 13, 2009 Subject: Platte Generating Station Cooling Tower Riser Repair Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background The Platte Generating Station utilizes a cooling tower as part of the plant’s cooling water system. The cooling tower is constructed of wood and fiberglass specially treated for constant exposure to water and the outdoor elements. It has been in nearly continuous service since 1982. At the completion of the planned plant maintenance shutdown this past fall, the cooling tower was restarted. A leak was discovered at the base of the 42” risers just above the concrete foundations, caused by corrosion of the steel. To limit any further delay to plant start up, corrective action was performed by using temporary patches applied to both risers. The plant engineering staff developed specifications for the permanent repair of these components. They include furnishing all required materials and labor for the project, which is scheduled to be performed during the planned plant maintenance outage in March, 2009. Discussion The specifications for the PGS Cooling Tower Riser Repair were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on December 23, 2008. Specifications were sent to four potential bidders and responses were received as listed below. The engineer’s estimate for this project was $50,000.00. Bidder Bid Price Judds Brothers Construction $ 43,873.00 The Diamond Engineering Co. $163,622.95 The bids were reviewed by plant engineering staff. The bid from Judds Brothers Construction Co. is 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 PGS Cooling Tower Riser Repair to Judds Brothers Construction Co. of Lincoln, NE, as the low responsive bidder, with the bid price of $43,873.00. Sample Motion Move to approve award of the bid of $43,873.00 from Judds Brothers Construction Co. for the PGS Cooling Tower Riser Repair as submitted. Riser Figure 1 PGS Cooling Tower Figure 2 West Riser Patch Figure 3 East Riser Patch Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: Cooling Tower Riser Repair FOR: December 23, 2008 at 11:00 a.m. DEPARTMENT: Utilities ESTIMATE: $50,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: November 21, 2008 NO. POTENTIAL BIDDERS: SUMMARY Bidder: The Diamond Engineering Co. Judds Bros. Construction Co. Grand Island, NE Lincoln, NE Bid Security: Universal Surety Company Inland Insurance Company Exceptions: None None Bid Price: Material: $107,474.25 $10,840.00 Labor: 51,412.50 32,274.00 Sales Tax: 4,736.20 759.00 Total Bid: $163,622.95 $43,873.00 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. Lynn Mayhew, PGS Karen Nagel, Utilities Secretary P1304 Approved as to Form ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-2 WHEREAS, the City Electric Department invited sealed bids for Cooling Tower Riser Repair at Platte Generating Station; and WHEREAS, on December 23, 2008, bids were received, opened and reviewed; and: WHEREAS, Judds Brothers Construction Company of Lincoln, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $43,873.00; and; WHEREAS, the bid of Judds Brothers Construction Company of Lincoln, is less than the estimate for Cooling Tower Riser Repair 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 Judds Brothers Construction Company of Lincoln, Nebraska, in the amount of $43,873.00 for Cooling Tower Riser Repair at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2009-3 - Approving Bid Award - Burdick Station Cooling Tower Piping Modifications Tuesday, January 13, 2009 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 Dale Shotkoski, City Attorney Meeting: January 13, 2009 Subject: Burdick Cooling Tower Piping Modifications Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background Unit 3 at the Burdick Station Power Plant utilizes a wooden structure cross flow cooling tower that was built in 1969. The existing cooling tower has lasted 38 years and was a survivor of the 1980 tornados, sustaining an indirect hit. The generating unit cooled by that tower was on-line at the time, and remained on-line for several days as power was slowly restored. The fan cylinder cones at the top of the tower were completely destroyed, and the tower structure received severe damage, including some damage that was not discovered until several months later. After tornado damage repair and nearly 40 years of weather exposure, the tower is no longer structurally sound. It is leaning to the south about five degrees from vertical and structural consultants advised that it was in danger of collapsing. Normal life expectancy for a wood cooling tower is 25-30 years. In order to maintain reliability of this generating unit, the cooling tower needs to be replaced. Bids for a replacement cooling tower were received in 2008 and the Council awarded the contract for the replacement tower on September 9, 2008 for $1,015,050. The replacement cooling tower is a counter flow design, which has a different inlet piping arrangement, requiring changes to existing piping. During the evaluation of the replacement cooling tower bids, utility engineering staff reviewed the cost of the piping modifications required to accommodate the use of the newer counter flow tower design verses the cross flow design. The cost total of the counter flow tower with associated piping changes is less than the $1,500,000 cost to replace the existing tower with a cross flow structure design. Piping Modifications and Tower Construction are included in the Electric Department ’08- ’09 Budget. Discussion The specifications for the Burdick Cooling Tower Piping Modifications were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on December 30, 2008. Only one bid was received. The engineer’s estimate for this project was $260,000.00. Bidder Bid Price Sales Tax Total Bid Price Judd Brothers Construction Co. $ 257,987.00 $ 8,138.00 $266,125.00 The bid was reviewed by utility engineering staff and is compliant with specifications and the base bid is 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 Burdick Cooling Tower Piping Modifications to Judds Brothers Construction Co. of Lincoln, NE, as the low response bidder, for a contract price of $266,125.00. Sample Motion Move to approve award of the bid of $266,125.00 from Judds Brothers Construction Co. for the Burdick Cooling Tower Piping Modifications 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: December 30, 2008 at 11:15 a.m. FOR: Burdick Cooling Tower Piping Modifications DEPARTMENT: Utilities ESTIMATE: $260,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: November 22, 2008 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Judds Brothers Construction Co. Core 10 Field Services Lincoln, NE Springfield, MO Bid Security: Inland Insurance Company Exceptions: None Bid Price: Material: $116,250.00 No Bid Labor: 141,737.00 Sales Tax: 8,138.00 Total Bid: $266,125.00 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. Lynn Mayhew, PGS Karen Nagel, Utilities Secretary P1309 Approved as to Form ¤ ___________ January 8, 2009 ¤ City Attorney R E S O L U T I O N 2009-3 WHEREAS, the City Electric Department invited sealed bids for Burdick Cooling Tower Piping Modifications; and WHEREAS, on December 30, 2008, bids were received, opened and reviewed; and WHEREAS, Judds Brothers Construction Company of Lincoln, 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 $266,125; and WHEREAS, the bid of Judds Brothers Construction Company of Lincoln, is less than the estimate for Cooling Tower Piping Modifications at Burdick Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Judds Brothers Construction Company of Lincoln, Nebraska, in the amount of $266,125.00 for Cooling Piping Modifications at Burdick Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2009-4 - Approving Certificate of Final Completion - Water Main District 453T, Sanitary Sewer District 522T, and Lift Station 22 Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Steve Riehle, Public Works Director Meeting: January 13, 2009 Subject: Water Main District 453T and Sanitary Sewer District 522T and Lift Station #22 – Central Nebraska Regional Airport and GI Army Aviation Support Facility Certificate of Final Completion – Connection Fees Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Steve Riehle, Public Works Director Background With the selection of Grand Island as the location of the new Grand Island Army Aviation Support Facility, water and sanitary sewer infrastructure were extended to support the development. The construction contract was a combined project of both the Utilities Department and the Public Works Department for the installation of a 12” water main, 4” sanitary sewer force main, and a sanitary lift station. The work was installed across property of the Central Nebraska Regional Airport, commencing at Sky Park Road, approximately one half (1/2) mile north of Capital Avenue, and running northeasterly to the westerly side of the Grand Island Army Aviation Support Facility at the northeast corner of Shady Bend Road and Airport Road. Attached for reference is a map showing the construction area. Discussion Specifications for the project were developed and bids advertised and received in accordance with the City Purchasing Code. The Diamond Engineering Company of Grand Island, Nebraska was awarded the contract on October 9, 2007. The bid award was based on the least total cost for the entire project (water main, plus sanitary sewer force main and lift station). The project has now been completed in accordance with the terms, conditions, and stipulations of the contract, plans, and specifications. The total for all water main construction was $343,818.69; the total amount for the sanitary sewer and the lift station construction was $370,258.69; for a total project amount of $714,077.38. Connection Fees for Sanitary Sewer and Lift Station According to the Interlocal Agreement For Infrastructure Construction by and Between the Hall County Airport Authority and the City of Grand Island, dated August 8, 2007, no connection fees are due for the installation of the sanitary sewer and the related lift station. Connection Fees for Water Main As per the above referenced agreement, the Airport Authority agreed to pay a portion of the cost of the water main construction. That portion at 30% of the project cost is $103,145.61. This amount is now due. The connection fees for the remainder of the construction amount are computed based on the water main construction being done as a “Tap” district, District 453T. This is the standard method used by the City to recoup costs when water mains are installed across undeveloped lands. Those fees, associated with the District, are due when a property “taps” the main for service. The connection (tap) fee for other properties included in the district is $61.1542640 per front foot. Attachments: ü Construction area map ü Engineers Certificate of Final Completion for Sanitary Sewer District 522T and Lift Station 22 ü Engineers Certificate of Final Completion for Water Main District 453T ü Tabulation of Connection fees ü Tabulation of Construction Costs for Water Main District 453T ü Resolution #2009-4 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 Certificate of Final Completion for Water Main District 453T / Sanitary Sewer District 522T / Lift Station 22, and sit as Board of Equalization on February 24, 2009 to set the connection fee amount for the properties within the boundaries of Water Main District 453T as tabulated on the attached listing. Sample Motion Move to approve the Certificate of Final Completion for Water Main District 453T / Sanitary Sewer District 522T / Lift Station 22 and approve the connection fees for Water Main District 453T. Connections Fees - Water Main Dist 453T 12/15/2008 Connection Fee per Front Foot = $61.1542640 CONNECTION FRONTAGE FEE 1 Owner:Central Nebraska Regional Airport per Agreement for service to GIAASF $103,145.61 c/o Hall Co Airport Authority 3010 Airport Rd Address:3743 Sky Park Rd City, State:Grand Island, NE Zipcode:68801 2 Owner:Central Nebraska Regional Airport 3,662.88 $224,000.74 c/o Hall Co Airport Authority Part of SE 1/4 of Sec 35, T12N, R9W Address:3743 Sky Park Rd and Part of Sec 2, T11N, R9W City, State:Grand Island, NE Zipcode:68801 Commencing at the southeast corner of Section 35, T12N, R9W of the 6th P.M., Hall County, Nebraska; thence N1º17’28”W along the easterly line of said Section 35, a distance 552.48 feet; thence S88º17’20”W, a distance of 190.01 feet to the ACTUAL POINT OF BEGINNING; thence S44º10’13”W, a distance 3,804.84 feet, thence N31º01’21”W, a distance of 446.51 feet; thence N44º10’13”E, a distance of 3,662.88 feet; thence S54º20’52”E a distance of 444.91 feet; to the said Point of Beginning. 3 Owner:City of Grand Island, NE 66.67 $4,077.15 c/o Public Works Dept - Waste Water Div. plus cost of 1" service $669.44 Address:PO Box 1968 TOTAL AMOUNT $4,746.59 City, State:Grand Island, NE Lift Station 22 Zipcode:68802 3340 Shady Bend Road Part of SE 1/4 of Sec 35, T12N, R9W 4 Owner:City of Grand Island, NE 66.67 $4,077.15 c/o Parks and Recreation Div. plus cost of 6" service $7,848.60 Address:PO Box 1968 TOTAL AMOUNT $11,925.75 City, State:Grand Island, NE Jackrabbit Run Golf Course Zipcode:68802 2803 N Shady Bend Road Part of NE 1/4 Sec 2, T11N, R9W CITY OF GRAND ISLAND UTILITIES DEPT Tap Fees, 12/12/2008 Water Main District 453T CNRA - GIAASF Helicopter Facility ITEM DESCRIPTION QUANTITIES BID UNIT $ TOTAL $1" Service 6" Service C. 1.01 12" D.I.. Pipe (sj) 6,599.00 LF 30.57 201,731.43 C. 1.02 6" D.I.. Pipe (sj) 179.00 LF 21.57 3,861.03 3,861.03 C. 1.03 6" R.S. Gate Valve 1.00 EA 606.56 606.56 606.56 C. 1.04 16"x16"x12" Tapping Sleeve 1.00 EA 3,236.98 3,236.98 C. 1.05 12"x12"x 6" Tee (mj) 7.00 EA 333.24 2,332.68 2,332.68 C. 1.06 12"x45º Ell (mj) 3.00 EA 269.17 807.51 C. 1.07 12"x22-1/2º Ell (mj) 2.00 EA 272.31 544.62 C. 1.08 12"x11-1/4º Ell (mj) 0.00 EA 271.65 0.00 C. 1.09 12" R.S. Gate Valve 2.00 EA 1,710.46 3,420.92 C. 1.10 12" RS Tapping Valve 1.00 EA 2,485.51 2,485.51 C. 1.11 Valve Box 5.00 EA 235.21 1,176.05 235.21 C. 1.12 Fire Hydrant Assembly 6.00 EA 1,266.74 7,600.44 C. 1.13 Bell Joint Block 1.00 EA 522.03 522.03 C. 1.14 Thrust Block 13.00 EA 179.04 2,327.52 358.08 C. 1.15 24"x 0.438" Steel Casing 110.00 LF 365.81 40,239.10 C. 1.16 8 Mil Polyethylene 6,848.00 LF 1.54 10,545.92 275.66 C. 1.17 6" Cap 1.00 EA 133.33 133.33 133.33 C. 1.18 6" Retainer Gland 1.00 EA 46.05 46.05 46.05 C. 1.19 12" Cap w/ 2" Tap 0.00 EA 201.29 0.00 C. 1.20 12" Retainer Gland 0.00 EA 91.04 0.00 C. 1.21 1" Water Service Complete 1.00 EA 669.44 669.44 669.44 C. 1.22 Remove & Replace Permanent Fence LS LF 1,223.11 1,223.11 C. 1.23 Temp. Construction Site Fence LS LF 6,915.97 6,915.97 C. 1.24 Regrade and Regravel Roadway LS LF 1,741.28 1,741.28 C. 1.25 R & R Unsuitable Backfill Material 200.00 CY 11.44 2,288.00 C. 1.26 Contract Total $294,455.48 $669.44 $7,848.60 Labor - Install Slv Cplg - PO 304921 $125.00 Labor - Installation Valve - PO 305014 $597.00 Water Dept Supplier Materials $8,711.98 Water Dept Labor / OH $1,346.55 Construction Amount $305,236.01 GIS Soil Report - PO 304517 $930.00 BWP - Office Suppiles - PO 304577 $186.52 BWP - Office Suppiles - PO 304580 $275.58 Infrustructure Markers - PO 305028 $85.60 Mailings / Postage / Shipping $34.47 Survey Supplies $51.96 Engineering / Admin / Labor / OH $37,018.55 Engineering Amount $38,582.68 PROJECT TOTAL $343,818.69 Tap Fee Per Front Foot = $61.1542640 PROPERTY FOOTAGE TAP FEE $ 1" SERVICE $ 6" SERVICE $ TOTAL FEE $ GIAASF per Agreement $103,145.61 $103,145.61 CNRA 3,662.88 $224,000.74 $224,000.74 Jackrabbit Run Golf Course 66.67 $4,077.15 $7,848.60 $11,925.75 WWTP - Lift Sta #22 66.67 $4,077.15 $669.44 $4,746.59 3,796.22 $335,300.65 $669.44 $7,848.60 $343,818.69 RESOLUTION 2009-4 WHEREAS, the City Engineer / Public Works Director and the Utilities Director for the City of Grand Island have issued a Certificate of Final Completion for Water Main District 453T; Sanitary Sewer District 522T; and Lift Station 22, certifying that the Diamond Engineering Company, of Grand Island, Nebraska, under contract, has completed the joint water main, sanitary sewer, lift station project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer / Public Works Director and Utilities Director recommend the acceptance of the projects; and WHEREAS, the Mayor concurs with the recommendations of the City Engineer / Public Works Director and the Utilities Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main District No. 453T; Sanitary Sewer District 522T; and Lift Station 22 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. ____________________________________ Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk ENGINEER’S CERTIFICATE OF FINAL COMPLETION WATER MAIN DISTRICT NO. 453T January 13, 2009 Water Main District No. 453T is located at the Central Nebraska Regional Airport. The project commences at Sky Park Road approximately one half (1/2) mile north of Capital Avenue,. then northeasterly along the southerly side of the Airport to a point on the westerly side of the Grand Island Army Aviation Support Facility at the northeast corner of Shady Bend Road and Airport Road. The work on this main, as certified to be fully completed by Gary R. Mader, Utilities Director, is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director is accordance with the provision on Section 16-650, R.R.S., 1943. It is recommended that the City Council sit as Board of Equalization on Feburary 24, 2009 to determine benefits and levy special assessments. Respectfully submitted, Steve Riehle Public Works Director WATER MAIN DISTRICT NO. 453T January 13, 2009 TO THE MEMBERS OF COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for Water Main District No. 453T be approved. I further recommend that the City Council sit as Board of Equalization on Feburary 24, 2009, to determine benefits and levy special assessments. Respectfully submitted, Margaret Hornady, Mayor Item G11 #2009-5 - Approving Rescission of Resolution 2008-92; Designation of 1st Street as Stop Sign Protected from Cleveland Street to Washington Street Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: January 13, 2009 Subject: Approving Rescission of Resolution 2008-92; Designation of 1st Street as Stop Sign Protected from Cleveland Street to Washington Street Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background City Council approved Resolution 2008-92 at the request of the Nebraska Department of Roads (NDOR) in connection with the project to widen US Highway 30 (2nd Street). Discussion The project is nearing completion, with US Highway 30 (2nd Street) opened to traffic on December 19, 2009. The stop sign protected intersections on 1st Street from Cleveland Street to Washington Street are no longer necessary. Alternative Motions It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the rescission of Resolution 2008-92. 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the rescission of Resolution 2008-92. Sample Motion Move to approve the rescission of Resolution 2008-92. Approved as to Form ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-5 WHEREAS, Resolution 2008-92 designated 1st Street as stop sign protected from Cleveland Street to Washington Street during the US Highway 30 widening project from Grant Street to Greenwich Street; and WHEREAS, the project is nearing completion, with US Highway 30 (2nd Street) being opened to traffic on December 19, 2008 it is recommended Resolution 2008-2 be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2008-92 is rescinded. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2009-6 - Approving Rescission of Resolution 2008-244; No Parking Zones for Westbound US Highway 30 Detour Tuesday, January 13, 2009 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: January 13, 2009 Subject: Approving Recission of Resolution 2008-244; No Parking Zones for Westbound US Highway 30 Detour Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background City Council approved Resolution 2008-244 at the request of the Nebraska Department of Roads (NDOR) in connection with the detour for the project to widen US Highway 30 (2nd Street) from Grant Street to Greenwich Street. Discussion The project is nearing completion, with US Highway 30 (2nd Street) opened to traffic on December 19, 2009. The following parking restrictions can be removed: · No parking on both sides of Grant Street from Second Street to Third Street. · No Parking on the west side of Clark Street from Second Street north for half a block to the alley. · No Parking on either side of Third Street from Grant Street to Clark Street. Alternative Motions It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the rescission of Resolution 2008-244. 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the rescission of Resolution 2008-244. Sample Motion Move to approve the rescission of Resolution 2008-244. Approved as to Form ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-6 WHEREAS, Resolution 2008-244 directed that No Parking be allowed at the following locations, so the streets could accommodate detour traffic while the project to widen US Highway 20 from Grant Street to Greenwich Street was under construction. · No Parking on both sides of Grant Street from Second Street to Third Street, · No Parking on the west side of Clark Street from Second Street north for half a block to the alley, · No parking on either side of Third Street from Grant Street to Clark Street; and WHEREAS, the project is nearing completion, with US Highway 30 (2nd Street) being opened to traffic on December 19, 2008, it is recommended Resolution 2008-244 be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2008-244 is rescinded. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2009-7 - Approving Award of Proposal for Equipment and Services Related to Fully Integrated Global Navigation Satellite System for the Solid Waste Division of the Public Works Department Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: January 13, 2009 Subject: Approving Award of Proposal for Equipment and Services Related to Fully Integrated Global Navigation Satellite System for the Solid Waste Division of the Public Works Department Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background On December 11, 2008 a Request for Proposals (RFP) for equipment services related to Fully Integrated Global Navigation Satellite System for the Solid Waste Division of the Public Works Department was advertised in the Grand Island Independent and sent to two (2) potential proposers by the Solid Waste Division of the Public Works Department. The GPS equipment will benefit the Landfill by allowing us to do the following: · Record exact location of buried friable asbestos loads per NDEQ Title 132 Requirements. · Control equipment using on-board machine control and guidance for operators. · Complete topographic surveys in house · Execute real-time calculations for compaction densities lift thickness, daily cover application · Perform stakeless grading for dirt work without survey stakes (no more waiting for surveyors) which reduces guesswork and costly rework by moving dirt right the first time · Excavate much of Cell 3 on our own Discussion Two (2) proposals were opened on December 22, 2008 and reviewed by the Public Works Department and the Purchasing Division of the City. The equipment is to be purchased at an actual cost of $79,999.00, which includes set up and training. NMC of Omaha, Nebraska submitted a proposal that is recommended for approval in accordance with the required criteria listed in the RFP of: · Price of equipment (40%) · Technical support, experie nce and capability (40%) · References (10%) · On Site Demo (10%) 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 NMC of Omaha, Nebraska. Sample Motion Move to approve the award of proposal. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR FULLY INTEGRATED GLOBAL NAVIGATION SATELLITE SYSTEM RFP DUE DATE: December 22, 2008 at 4:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: December 11, 2008 NO. POTENTIAL BIDDERS: 2 SUMMARY OF PROPOSALS RECEIVED NMC Construction Specialties Omaha, NE La Vista, NE cc: Steve Riehle, Public Works Director Catrina Delosh, PW Admin. Assist. Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney Jeff Wattier, Solid Waste Supt. P1312 Approved as to Form ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-7 WHEREAS, the City of Grand Island invited proposals for equipment and services for Fully Integrated Global Navigation Satellite System, according to Request for Proposals on file with the Solid Waste Division of the Public Works Department; and WHEREAS, on December 22, 2008 proposals were received, reviewed, and evaluated in accordance with established criteria; and WHEREAS, NMC of Omaha, Nebraska submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code with the work performed at actual costs with a maximum of $79,999.00; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of NMC of Omaha, Nebraska for equipment and services for Fully Integrated Global Navigation Satellite System 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, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2009-8 - Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2008 Tuesday, January 13, 2009 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: January 13, 2009 Subject: Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2008 Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background The City of Grand Island and the Nebraska Department of Roads have an agreement for the maintenance of state highways within the city limits. Maintenance responsibilities for state highways within the corporate city limits are defined by state statue. The Nebraska Department of Roads (NDOR) is responsible for the maintenance of the highway lanes through a community and the city is responsible for the maintenance of any highway widening including parking, additional thru lanes or left turn lanes. Discussion The agreement requires the City to certify that it has completed the maintenance work required by the agreement for the 2008 calendar year. The NDOR performs snow removal on NE Highway 2, US Highway 281, US Highway 34, and a portion of US Highway 30 from the west city limits to Johnstown Road. The City performs snow removal on US Highway 30 from Johnstown Road through town to the east city limits at Shady Bend Road. The City performs the surface maintenance on all state highways within the city limts. The net result of this exchange of services is a payment by the Nebraska Department of Roads to the City of Grand Island in the amount of $36,198.30. Alternative Motions It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution authorizing the Mayor to sign the Certificate of Compliance. 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council pass a resolution authorizing the Mayor to sign the Certificate of Compliance. Sample Motion Move to approve the Cerfiticate of Compliance for Maintenance Agreement No. 12. Approved as to Form ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-8 WHEREAS, each year the City of Grand Island enters into a maintenance agreement with the State of Nebraska Department of Roads with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, the City has complied with all surface maintenance work for the calendar year 2008 in accordance with the agreement; and WHEREAS, upon receiving the City’s Certificate of Compliance, the State will reimburse the City for maintenance work performed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island has complied with the terms of Maintenance Agreement No. 12 for calendar year 2008; and the Mayor is hereby authorized and directed to execute the Certificate of Compliance for such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2009-9 - Approving Bid Award for Storm Drainage Project No. 2009-D-1; Cottonwood Lake Silt Structures Tuesday, January 13, 2009 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: January 13, 2009 Subject: Approving Bid Award for Storm Drainage Project No. 2009-D-1; Cottonwood Lake Silt Structures Item #’s: G-15 Presenter(s): Steven P. Riehle, Public Works Director Background Cottonwood Lake is a private lake located west of Harrison Street and south of LaMar Avenue. Cottonwood Lake has been referred to over the years as Joe’s Lake or Brach’s Lake. Sucks Lake is a public lake located east of Harrison Street and south of the Park Maintenance Building located at 1707 West Oklahoma Avenue. Both lakes are used as detention cells in the city’s storm drainage system. Dredging projects for the lakes were reviewed at the August 20th City Council Study Session. Sucks Lake Dredging Project A grant administered by the Nebraska Game and Parks funded part of the Sucks Lake project. Game & Parks staff required improvements to keep both silt and storm water contaminants out of the lakes. The project included modifications to the storm drainage system and the construction of a detention cell at the east end of the lake to reduce silt and keep storm water contaminants out of Sucks Lake. Cottonwood Lake Dredging Project The discussion included the need for modifications to the storm drainage system to prevent future silting of the lake. The Cottonwood Lake project would be a joint project with the Cottonwood Lake Association and City sharing equally in the cost of the dredging project. The city would cover the cost to install controls in the storm drainage system to prevent future silting. The city participated in the cost of the dredging project on Cottonwood Lake because the lake has been used as a part of the city’s storm drainage system since the early 1970’s. The use of the lake as a detention cell brought silt into the lake. The association participated in the cost because it is a private lake and some of the silt in the lake was from natural causes. An agreement with the Cottonwood Lake Association was approved by the council at the August 27, 2002 meeting. At the council meeting the staff was directed to install something in the storm drainage system to keep silt out of the lake. A system for capturing silt would be a future city project. Discussion Cottonwood Lake – Storm Drainage Silt Project The dredging projects were completed in 2003. The fiscal year 2004 budget included $20,000 for the structures. A purchase order was prepared for a consultant to study the drainage system up and make a recommendation for a system to keep silt from the storm drainage system out of Cottonwood Lake. The study covered the drainage area between Webb Road and Harrison Street from Stolley Park Road north to 2nd Street. Systems to remove silt form the storm water can be expensive to build and hard to maintain. The size and price was also driven up because of the volume of water that might enter the lake during a storm event resulting in a preliminary estimate over $100,000. The silt structures project was stalled because of the estimated cost and the purchase order to the consultant was cancelled in August of 2008. The consultant recommended improvements to South Street from Henry Street to Ada Street to reduce silting. City crews regarded and paved the street with asphalt in 2005. Sunrise Express trucking company made improvements to their storm drainage runoff to reduce the silting. The changes allowed the silt project for the Cottonwood Lake to be downsized. The Engineering Division of the Public Works Department designed a system to capture silt that is more economical to build and easier to maintain. The system consists of 3 manholes with grates and sumps. The design for the manholes will not restrict storm water flows, but will capture silt and trash before it enters Cottonwood Lake. They will require cleaning with a vac-all truck approximately once per month or after significant rainfall events. Construction of the Cottonwood Lake Silt Structures will fulfill the city’s portion of the agreement at a cost of $25,637.32 and enable the city to collect the Cottonwood Lake Associations cost share for the dredging project of $41,892.95. On December 19, 2008 the Engineering Division of the Public Works Department advertised for bids for Cottonwood Lake silt structures. Two (2) bids were received and opened on January 6, 2009. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney's Office reviewed both bids that were received. A summary of the bids is shown below. Bidder Exceptions Total Bid The Diamond Engineering Company of Grand Island, NE None $25,673.32 General Excavating of Lincoln, NE None $50,588.49 The engineer's estimate for this project was $28,869.00. Funds are available in Account No. 10033506-85213. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $25,673.32. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 6, 2009 at 11:00 a.m. FOR: Storm Drainage Project No. 2009-D-1 DEPARTMENT: Public Works ESTIMATE: $28,869.00 FUND/ACCOUNT: 10033506-85213 PUBLICATION DATE: December 19, 2008 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: The Diamond Engineering Co. General Excavating Grand Island, NE Lincoln, NE Bid Security: Universal Surety Company Universal Surety Company Exceptions: None None Total Bid: $25,673.32 $50,588.49 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Ron Underwood, PW Engineer P1315 Approved as to Form ¤ ___________ January 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-9 WHEREAS, the City of Grand Island invited sealed bids for Storm Drainage Project No. 2009-D-1, Cottonwood Lake Silt Structures, according to plans and specifications on file with the Public Works Department; and WHEREAS, on January 6, 2009 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 $25,673.32; and 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 $25,673.32 for Storm Drainage Project No. 2009-D-1 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2009-10 - Approving Agreement for CDBG 08-ED-009 Grant with the Grand Island Area Economic Development Corporation Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: jonik City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: January 13, 2009 Subject: Approving Agreement for CDBG 08-ED-009 Gant with the Grand Island Area Economic Development Corporation Item #’s: G-16 Presenter(s): Joni Kuzma, Community Development Administrator Background In November 2008, the City of Grand Island was awarded a $75,000 Community Development Block Grant for a short-term economic development/planning grant to formulate a development plan for the re-use of a 1,700 acre military munitions production facility into a regional industrial center. CDBG funds of $73,750 will be applied to project costs, $1,250 will be paid to the City for grant administration and fiscal management. Matching funds of $75,000 have been awarded to the Grand Island Area Economic Development Corporation (GIAEDC) from a Department of Commerce, Economic Development Agency grant. The total project cost is estimated at $150,000. The GIAEDC agrees to furnish all equipment, superintendence, transportation, labor and services related to planning activities in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions as listed in the Community Development Block Grant contract #08-ED-009 and in the Scope of Work submitted with the grant application. A previously completed Environmental Review for the Cornhusker Industrial Park (CAAP) has been updated and an analysis of the existing water system and options for sanitary sewer finished. Discussion At this time the Council is requested to approve the agreement between the GIAEDC and the City to complete the activities outlined in the Scope of Work for creation of a development plan for re-use of the Cornhusker Industrial Park. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the agreement between the GIAEDC and the City to complete the activities outlined in the Scope of Work for creation of a development plan for re-use of the Cornhusker Industrial Park and authorize the Mayor to sign all related documents. 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement between the GIAEDC and the City to complete the activities outlined in the Scope of Work for creation of a development plan for re-use of the Cornhusker Industrial Park and authorize the Mayor to sign all related documents. Sample Motion Move to approve the agreement between the GIAEDC and the City to complete the activities outlined in the Scope of Work for creation of a development plan for re-use of the Cornhusker Industrial Park and authorize the Mayor to sign all related documents. 1 EXHIBIT II.A. SCOPE OF WORK Grantee: Grand Island Area Economic Development Corporation (GIAEDC) Project Number: The recipient will perform the following activities: 1. Requests for Proposal/qualification process: a. The GIAEDC will competitively solicit an RFP/RFQ from consultants to complete the scope of work. b. The GIAEDC will negotiate with, and contract consultant(s) to perform the duties associated with each task in the scope. c. The GIEDC will provide EDA a copy of the RFP/RFQ and top qualified consultant for consideration and approval prior to signing the contract. 2. Strengths and Weaknesses / Workforce Analysis a. Asses the GIAEDC area’s strengths and weaknesses for the most important economic development characteristics from a professional site selector’s viewpoint. The objective will be to identify industries that will find the area most attractive. The consultant will assess economic development characteristics in the area necessary to compete for new jobs, capital investment and new tax base. The assessment will include information on labor cost/availability, labor/management relations, training needs, transportation and utility issues, land use issues and other business costs and conditions. b. Workforce Availability & Quality: A labor availability and quality characteristics assessment will be completed. Key characteristics to be included are: Skills availability, turnover & absenteeism, attitudes – on the job, trainability, basic skills, commutations, productivity, and accuracy among others that may be identified by the consultant. c. Sites: The area will be assessed for competing industrial parks including other surrounding counties. An evaluation of land uses and marketability of key properties from a site selector’s viewpoint should be completed. A list of key points and conclusions should be identified. d. Training & Education: Assess training and education capabilities from a selection/relocation perspective. Possible information sources are: Community College, Public training/placement, private employment agencies, and secondary education. Information collected should include: work placement data, training/retraining opportunities, rating 2 comparisons, cooperation between providers and the business community. A list of key points and conclusions should be completed. e. Area Business Climate & Infrastructure: Assess the local business climate in terms of municipal services, government services, permitting and infrastructure and develop a list of key points and conclusions. f. Incentives: Assess incentives in the area. Develop a list of key points and conclusions, based upon incentives used in attracting industry in other areas of the region. g. Utility Costs: Compare local rates versus other cities in the region for water, sewer, electrical and other utilities. h. Transportation & Access: Assess this area from a site selection viewpoint and develop a list of key points and conclusions. i. Housing/cost of living: Compare hosing and cost of living data in this area with other areas in the region. 3. TARGET INDUSTRY ASSESSMENT a. Evaluate industry location and growth trends in the region in recent years, in order to determine which type of industries has exhibited recent location/expansion activities. b. Conduct a skill needs assessment of identified “high” activity level industry clusters. c. Select the “best fit” target industries, which have exhibited the following characteristics: aa. Significant relocation and/or expansion activity as evidenced by actual facilities and strong growth characteristics. bb. Have specific skill needs which match the Grand Island/Hall County skills and training. cc. Exhibit a tendency to locate in areas that are similar to the GIAEDC. d. Conduct a supplier/customer analysis for the top targets selected. This will determine additional potential prospect types. e. Select industrial targets that would be particularly suited for the CIP site. Document all information and develop key conclusions from this analysis. 3 4. HIGHEST AND BEST USE EVALUATION This analysis should include: a. Developing viable alternative uses and possible mixed uses b. Evaluating market demand c. Reviewing competing properties, rents, and sales d. Quantifying conversion costs e. Creating feasible financial projections and detailed assumptions. f. Assessing risk/reward tradeoffs g. Preparing key statistical data and supporting narrative information h. Developing presentation material, proposals, and reports. 5. SITE DEVELOPMENT PLANNING Work with engineers and land planners to provide a comprehensive site development plan that incorporates the following essential elements: a. A comprehensive physical and operational master plan designed to accommodate industry including: land cost, aesthetics, site readiness, traffic circulation, access roads, permitting, zoning, environmental services, geotechnical services, rail access, storm water, industrial pretreatment, waste treatment and disposal, surveying, construction administration, and utilities. b. Compatibility among industrial and other potential operations in the park c Compatibility between all park uses, and existing activities and character of the community d. Design controls: aa. Streets designed for trucks and other traffic bb. Lot size minimums cc. Land area, building coverage ratio minimums dd. Architectural control provisions ee. Landscaping provisions ff. Specific use requirements e. Openness and park-like character f. Harmonious integration into the neighborhood g. Zoning to protect surrounding area h. Development of park covenants to protect the environment, aesthetics, park users, and compatibility with the community 6. MARKETING PROGRAM AND INCENTIVES ANALYSIS 4 a. Determine the marketing and competitive incentive programs that will best promote development of the CIP, and enhance the economic development of the entire area. b. Review existing marketing programs and material in the region and state, and provide recommendations, action plans and budgets for the marketing of the CIP c. Analysis existing incentive programs in the region and state d. Consider potential location or zone specific incentive program (Foreign Trade Zones, Enterprise, and others) e. Provide recommendations and action plans for enhancing the existing incentive programs, and establishing new cost-effective incentive programs that will improve the marketability and appeal of the property. 7. BUSINESS PLAN a. Evaluate the financial feasibility of developing and sustaining the CIP. Present typical approaches for both development and financing strategies. b. Prepare a detailed pro-forma for total and phased build out of the CIP as outlined in the GIAEDC’s business plan. c. Propose a two year start-up operating budget that accounts for staffing, operating and marketing costs. Budgets should be correlated to viable funding options and availability of capital. d. Outline the most promising models for GIAEDC, County, City, and private sector development partnership and funding options. 8. ENVIRONMENTAL REVIEW Review reports and studies completed by the Army Corp of Engineers and the EPA and provide a detailed report. 9. IMPLEMENTATION OR PHASING PLAN a. Propose a phased plan for implementing the steps and achieving the goals identified by the study. b. Highlight key action items and important next steps. c. Propose a timeframe over which we should measure and anticipate success. 10. REPORTING a. Submit a mid-point progress report, draft and final report to EDA addressing the scope of work. The final report will follow the final report guidelines provided by EDA. b. May also provide an oral report to EDA staff at the completio n of the project. c. Document in the report the process in completing the scope of work and point out key elements that can be replicated by others. 1 PLANNING SERVICES AGREEMENT THIS AGREEMENT made and entered into this _____ day of _______________ 2009, by and between Grand Island Area Economic Development Corporation hereinafter called GIAEDC, and the City of Grand Island, Nebraska, hereinafter calle d the City. WITNESSETH: THAT, WHEREAS, the City of Grand Island and GIAEDC applied for grants to fund planning activities for the development of a speculative business/industrial park site near Grand Island; and WHEREAS, it would be more efficient to have GIAEDC carry out the planning activities set forth in the grant award documents rather than duplicate efforts. NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the GIAEDC for itself, and its successors, as follows: ARTICLE I. That the GIAEDC shall furnish all equipment, superintendence, transportation, labor and services related to planning activities in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions as listed in the attached COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT NO. 08-ED-009 DATED NOVEMBER 13, 2008 and in the attached SCOPE OF WORK as Submitted by the GIAEDC for EDA project funds; said documents forming the agreement 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 agreement to the said GIAEDC, such award being based on the acceptance by the City and the Nebraska Department of Economic Development’s approval; ARTICLE II. That the City will provide Certified Grant Administration and shall facilitate the distribution of grant funds in an amount not to exceed $75,000 as identified in the contract between the City and the Department of Economic Development for activities outlined in Article I to the GIAEDC for the performance of the work embraced in this agreement and the GIAEDC agrees to hold the City harmless and reimburse the City for any sums the City is obligated to return to the Nebraska Department of Economic Development or for any other claim by any other governmental agency, person, or entity arising out of the failure of GIAEDC to perform the conditions of the contract or failure of the project to meet the CDBG required national objective whether or not the failure to meet the national objective was caused by the act or omission of GIAEDC. ARTICLE III. The GIAEDC hereby agrees to follow all standards, recordkeeping, and reporting requirements of the applicable Federal and State agencies in performing the grant project including, but not limited to, purchasing goods and services for this project. ARTICLE IV. That GIAEDC shall start work as soon as possible after the agreement is signed and approved by all necessary parties. ARTICLE V. GIAEDC agrees to comply with all applicable State fair labor standards in the execution of this agreement. GIAEDC further agrees to comply with the provisions of State law pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this agreement, GIAEDC and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis 2 of race, color, religion, gender, national origin, age or disability. GIAEDC agrees to comply with all applicable Local, State and Federal rules and regulations. ARTICLE VI. City Code states that it is unethical for any person to offer, give or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. IN WITNESS WHEREOF, the parties hereto have executed this Services Agreement as of the date and year first above written. Grand Island Area Economic Development Corporation 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 ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-10 WHEREAS, the City of Grand Island, Nebraska, has been awarded a Community Development Block Grant (CDBG) through the Nebraska Department of Economic Development for economic development and planning for the Cornhusker Industrial Park; and WHEREAS, the City will provide Certified Grant Administration for this CDBG grant project and facilitate the distribution of up to $75,000 in grant funds to the Grand Island Area Economic Development Corporation (GIAEDC); and WHEREAS, the Department of Commerce, Economic Development Agency has committed a $75,000 match to the GIAEDC for a total projected project cost of $150,000; and WHEREAS, it would be efficient to have the Grand Island Area Economic Development Corporation carry out the planning activities set forth in the grant award documents rather than duplicate efforts; and WHEREAS, the GIAEDC agrees to follow all standards, recordkeeping, and reporting requirements of the applicable State and Federal agencies in performing the grant project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska hereby enters into an agreement with the GIAEDC to carry out the economic development planning project for the Cornhusker Industrial Park and the Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of Grand Island for such grant programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G17 #2009-11 - Approving Certificate of Final Completion for Riverway Hike/Bike Trail Construction Observation Tuesday, January 13, 2009 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: January 13, 2009 Subject: Certificate of Final Completion-Riverway Hike/Bike Trail Construction Observation Item #’s: G-17 Presenter(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with Olsson Associates on September 11, 2007 to construct the Riverway Hike/Bike Trail. Discussion All work associated with this contract has been completed and it is appropriate at this time to close out the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the certificate of final completion and make final payment to Olsson Associates in the amount of $1,297.27. Sample Motion Move to close out the contract with Olsson Associates and make final payment in the amount of $1,297.27 to Olsson Associates for the engineering observation of the Riverway Hike/Bike Trail. Approved as to Form ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-11 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for the Riverway Hike/Bike Trail Construction Observation, certifying that Olsson Associates of Grand Island, Nebraska, under contract dated September 11, 2007, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Parks and Recreation Director’s Certificate of Final Completion for Riverway Hike/Bike Trail Construction Observation is hereby confirmed. 2. That a warrant be issued from Account No. 40044450-90031 in the total amount of $1,297.27 payable to Olsson Associates for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2009-12 - Approving Lease Addendum for Storage Space at CAAP with the Nebraska State Patrol Tuesday, January 13, 2009 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: January 13, 2009 Subject: Modifying Lease to Nebraska State Patrol for Building A-30 at Cornhusker Army Ammunition Plant. Item #’s: G-18 Presenter(s): Steve Paustian, Parks and Recreation Director Background On May 22, 2001, City Council approved the leasing of several buildings at the former Cornhusker Army Ammunition Plant pursuant to the provisions of Resolution 2001-132. The leases were approved. One lease was with the Nebraska State Patrol. The City has received a request for a two year extension of the existing lease. Discussion The existing lease has worked for both parties. A two year extension of the lease is appropriate. 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 approving the existing lease for building A-30 for a two year period. Sample Motion Move to approve the resolution authorizing the City to extend the lease for a two year period for Building A-30 to the State of Nebraska, Department of Administrative Services. Approved as to Form ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-12 WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by the US Army Corp of Engineers during their ownership of the property; and WHEREAS, on April 24, 2007, the City Council approved the lease of the Nebraska State Patrol for the rental of a storage unit, which will terminate on April 30, 2009; and WHEREAS, the Nebraska State Patrol has requested that their lease be extended to April 30, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Lease of the Nebraska State Patrol at the former Cornhusker Army Ammunition Plant is hereby authorized to be renewed for an additional two (2) years. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Referring Blighted and Substandard Study for Proposed CRA Area #8 to the Regional Planning Commission Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: January 13, 2009 Subject: Blighted and Substandard Study for CRA Area #8 Item #’s: H-1 Presenter(s): Chad Nabity, Director Grand Island CRA Background Earlier you received a copy of a Substandard and Blight Study as prepared by Stahr & Associates, Inc. entitled “Blighted and Substandard Area Determination Analysis: Community Redevelopment Authority Analysis Area No. 8 Grand Island, Nebraska”. This area as defined by the study will be referred to as Community Redevelopment Authority (CRA) Area #8. The study as prepared and submitted indicates that this property could be considered substandard and blighted. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council with a recommendation from the Planning Commission. The question before Council is whether to send the Study to the Planning Commission for their review and feedback or not to send the Study to the Planning Commission. If the item is not sent to the Planning Commission the Council cannot declare the area substandard and blighted. The Planning Commission will meet on February 4th and would have a recommendation ready for the February 24th Council meeting. Once an area has been declared substandard and blighted the CRA can accept redevelopment proposals for the area that most likely will include an application for Tax Increment Financing. The decision to declare an area blighted and substandard is a policy decision made by the City Council. If Council decides to declare an area blighted and substandard they should expect and even encourage redevelopment projects; including those that come forward requesting financial assistance through the use of Tax Increment Financing. Discussion The public hearing and action item tonight relate to the Study for proposed CRA Area #8 including the area of Indian Acres Subdivision and Copper Creek Estates west and south of Shoemaker School in northwest Grand Island. The stud y was prepared for 234.4 acres all of which are in the Grand Island City Limits. Wes Nespor, Assistant City Attorney has reviewed the Nebraska Statures and case law pertaining to the declaration of property as blighted and substandard. His comments on this application are as follows: The statutory procedures for accomplishing blight relief include the following steps: (1) the identification of a community redevelopment area consisting of portions of a city declared to be substandard or blighted in accordance with statutory definitions and in need of redevelopment, (2) the formulation of a redevelopment plan for such area or a redevelopment project within such area, and (3) the implementation of the redevelopment plan through various means including acquisition, sale, leasing, and contracting for redevelopment. Nebraska Revised State Statutes (NRSS) 18-2103, 18-2107, and 18-2109. Under this statutory scheme, a private development project would be eligible for tax increment financing only if it is included within an area which has previously been declared blighted or substandard and is in furtherance of an existing redevelopment plan for that area. The declaration of property as blighted or substandard is not simply a formality which must be met in order to assist a private developer with tax increment financing; it is the recognition of a specific public purpose which justifies the expenditure of public funds for redevelopment. See Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979), Fitzke v. Hastings, 255 NEB 46 (1998) At this point, Council is only considering point 1 of Mr. Nespor’s opinion. According to NRSS §18-2109, it is clear that the City Council must send the Study to the Planning Commission prior to declaring the property substandard and blighted. If Council wishes to consider a declaration of substandard and blight City Administration is recommending that the City Council ask the Planning Commission to: 1. review the study as presented, 2. take testimony from interested parties about the substandard and blight designation, 3. make findings fact, relative to the questions below and any others Council has with reference to the this request, based on the information and testimony presented and, 4. include those findings of fact as part of their recommendation to Council in regard to this request. Recommend Questions for Planning Commission · Does this property meet the requirements to be considered blighted and substandard? One substandard condition and one blight condition is enough to support the declaration. Identify those conditions as findings of fact. The conditions can be identified from the study. (Definitions of substandard and blighted conditions per NRSS §18-2103) · The blight study as presented includes a substantial amount of undeveloped property. Is it necessary to include this property within the blight and substandard area to effectively redevelop the other sites? (Fitzke v. Hastings) · Is it reasonably necessary to use tax money either through TIF or other means to redevelop the area? · Should additional property be included within this study area? · Should less property be included within this study area? · Is this property substantially different than similar properties on the urban fringe of the community? The Planning Commission recommendation should be done at the first available opportunity, as the Planning Commission has 30 days to respond to Council’s request for a recommendation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to forward the Study to the Planning Commission for their recommendation with the specific questions listed above. This will result in the Planning Commission holding a hearing and considering the study at their meeting in February. Council would then hold a public hearing and consider a resolution to declare the area blighted and substandard. 2. Move to not forward the Study to the Planning Commission for their recommendation This would indicate that Council has no desire to declare this property blighted and substandard or that council does not believe more intervention is necessary to facilitate development/redevelopment than is provided by the standard police powers (zoning and subdivision regulations, nuisance/code compliance regulations) already available. 3. Refer the issue to a Committee Council may wish to refer this issue to a committee to determine set guidelines for the creation of new blighted and substandard areas. This could be done even with action on this item. 4. Postpone the issue to future date If Council feels that they need additional information before referring this item to the Planning Commission this would be an appropriate action. The additional information needed should be specified so that staff and the applicant can provide it in a timely manner. 5. Take no action on the issue This does not give the developer an answer about making a declaration on this property but would indicate that Council has no desire to declare this property blighted and substandard or that council does not believe more intervention is necessary to facilitate development/redevelopment than is provided by the standard police powers (zoning and subdivision regulations, nuisance/code compliance regulations) already available. Recommendation Staff recommends that the Council forward the Study to the Planning Commission for their recommendation with the specific questions listed above if Council wishes to consider declaring this area blighted and substandard and eligible for tax increment financing. Sample Motion Move to forward the Study to the Planning Commission for their recommendation with the specific questions listed above. Item I1 #2009-13 - Approving Request from Timothy Stueben dba Stueby’s Alibi, 908 North Broadwell Avenue for a Class “C” Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ January 7, 2009 ¤ City Attorney R E S O L U T I O N 2009-13 WHEREAS, an application was filed by Timothy Stueben doing business as Stueby’s Alibi, 908 North Broadwell Avenue 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 January 3, 2009; such publication cost being $14.91; and WHEREAS, a public hearing was held on January 13, 2009, 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 Susan McAfee, 1863 7th Avenue, Dannebrog, 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, January 13, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of December 31, 2008 through January 13, 2009 The Claims for the period of December 31, 2008 through January 13, 2009 for a total amount of $2,330,247.23. A MOTION is in order. Tuesday, January 13, 2009 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council