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07-14-2009 City Council Regular Meeting PacketCity of Grand Island Tuesday, July 14, 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 Invocation 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 C.1 Public Hearing on Proposed Fiscal Year 2009-2010 Annual Budget for the Grand Island Area Solid Waste Agency Tuesday, July 14, 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: July 14, 2009 Subject: Public Hearing and Approval of FY 2009-2010 Grand Island Area Solid Waste Agency Budget Item #’s: C.-1 Presenter(s): Steven P. Riehle, Public Works Director Background The Solid Waste Agency is required to hold a budget hearing separate from that of the City and approve the budget by passing a resolution. Discussion A copy of the budget that has been developed for the Agency is attached. The Agency budget is the same as the City Solid Waste Division budget (Fund 505) and appears in the City's Annual Budget Document for Fiscal Year 2009-2010. 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 budget for the Solid Waste Agency for the FY 2009-2010. Sample Motion Move to approve the budget for the Solid Waste Agency. SOLID WASTE DIVISIONSOLID WASTE DIVISION FY 2010 BUDGETFY 2010 BUDGETLandfill on Husker Hwy & Hall / Buffalo County Line GRAND ISLAND AREA SOLID GRAND ISLAND AREA SOLID WASTE AGENCYWASTE AGENCY‹‹Formed August 1992 by Formed August 1992 by InterlocalInterlocalAgreementAgreement–– Hall County Hall County –– City of Grand IslandCity of Grand Island‹‹Created under State LawCreated under State Law‹‹Provides budget reviewProvides budget review‹‹Facilities operate under NDEQ Title 132 Facilities operate under NDEQ Title 132 regulationsregulations ENTERPRISE FUNDENTERPRISE FUND‹‹Manage Manage ““own check bookown check book””––Funds are separate Funds are separate from all other Divisionsfrom all other Divisions‹‹Receives no support from General Fund Receives no support from General Fund ‹‹All revenues generated from tipping feesAll revenues generated from tipping fees‹‹One of the few Divisions with competitionOne of the few Divisions with competition TRANSFER STATIONTRANSFER STATION‹‹Located at the northwest corner of Old Potash Hwy & Monitor Located at the northwest corner of Old Potash Hwy & Monitor RoadRoad‹‹Built by Hall County as a baler stationBuilt by Hall County as a baler station‹‹1993 1993 --Converted to Transfer Station Converted to Transfer Station ‹‹Utilized by most packer trucks and all small customersUtilized by most packer trucks and all small customers‹‹ReRe--Permitting of facility completed this year. Permitting of facility completed this year. ‹‹New permit expires August 2017.New permit expires August 2017. LANDFILLLANDFILL‹‹Located on Husker Highway at the Hall/Buffalo County lineLocated on Husker Highway at the Hall/Buffalo County line‹‹Phase I consists of three cellsPhase I consists of three cells–– Cell 1 (1993)Cell 1 (1993)‹‹20 year bond of $4.5 million for original construction20 year bond of $4.5 million for original construction‹‹Bond will be fully paid in October 2012Bond will be fully paid in October 2012–– Cell 2 (1998)Cell 2 (1998)‹‹Paid cash for constructionPaid cash for construction-- Cell 3 (Future)Cell 3 (Future)‹‹Utilized by some packer trucks and all large roll off containersUtilized by some packer trucks and all large roll off containers‹‹Vehicles must be hydraulic unloading to utilize landfillVehicles must be hydraulic unloading to utilize landfill LANDFILL (CONTINUED)LANDFILL (CONTINUED)‹‹Current Permitted Phase I consists of three cellsCurrent Permitted Phase I consists of three cells–– Cell Three will be constructed in FY 2012. Cell Three will be constructed in FY 2012. –– Anticipated that Cell Three construction will be paid with cash Anticipated that Cell Three construction will be paid with cash from from unrestricted reserves.unrestricted reserves.‹‹Major Permit Modification (Currently in progress)Major Permit Modification (Currently in progress)–– Increase side slopes from 6.5H:1V to 4H:1VIncrease side slopes from 6.5H:1V to 4H:1V–– Greatly increased the size of future Cell 3 Greatly increased the size of future Cell 3 ‹‹Will now be constructed in two sections (Cell 3 and Cell 4)Will now be constructed in two sections (Cell 3 and Cell 4)–– Phase 1 is now 4 cellsPhase 1 is now 4 cells–– Additional cubic yards of airspace will be gained.Additional cubic yards of airspace will be gained.–– Additional revenue for the Division Additional revenue for the Division –– With minimal additional expenseWith minimal additional expense FACILITY HOURS OF OPERATIONFACILITY HOURS OF OPERATION‹‹LandfillLandfill--Monday thru Friday 7:30 Monday thru Friday 7:30 –– 4:004:00--Saturday 7:30 Saturday 7:30 –– 12:0012:00‹‹Transfer StationTransfer Station--Monday thru Friday 7:00 Monday thru Friday 7:00 –– 4:004:00--Saturday 7:00 Saturday 7:00 –– 12:0012:00‹‹Yard Waste Site (March thru November)Yard Waste Site (March thru November)--Mon., Tues., Thurs., Fri. 10:00 Mon., Tues., Thurs., Fri. 10:00 –– 6:006:00--Saturday 8:00 Saturday 8:00 –– 4:004:00--Free disposal of grass and leaves to residents Free disposal of grass and leaves to residents (not free to contractors)(not free to contractors) RESIDENTIAL CLEANRESIDENTIAL CLEAN--UP CARDUP CARD‹‹For Grand Island residents and residents within For Grand Island residents and residents within 22--mile zoning jurisdictionmile zoning jurisdiction–– Two free loads per year up to 800 lbs. per loadTwo free loads per year up to 800 lbs. per load–– 2008 2008 ‹‹3,148 cards issued3,148 cards issued‹‹2,856 loads2,856 loads‹‹1,140 tons disposed of1,140 tons disposed of–– FY 2008 cost was $42,000FY 2008 cost was $42,000 HHW UPDATEHHW UPDATE‹‹Grant FundingGrant Funding–– 2006 NDEQ funded architectural design 2006 NDEQ funded architectural design ‹‹Environmental Trust denied grant funding for Environmental Trust denied grant funding for construction of facilityconstruction of facility–– 2008 Environmental Trust again denied grant 2008 Environmental Trust again denied grant funding for constructionfunding for construction–– Project shelved Project shelved ‹‹May reMay re--think for future grant applicationthink for future grant application REVENUE FROM TIPPING FEESREVENUE FROM TIPPING FEES0.000.501.001.502.002.503.00$ Million20012002200320042005200620072008*2009**2010Fiscal Year*2009 is projected revenue*2009 is projected revenue**2010 is revenue from proposed budget**2010 is revenue from proposed budgetFY 2001$1.98MFY 2002$1.96MFY 2003$2.09MFY 2004$2.06MFY 2005$2.12MFY 2006$2.29MFY 2007$2.80MFY 2008$2.96M*FY 2009$2.80M*FY 2010$2.80M FY 2010 BUDGETFY 2010 BUDGET UNRESTRICTED & RESTRICTED UNRESTRICTED & RESTRICTED CASH RESERVESCASH RESERVES‹‹Unrestricted CashUnrestricted Cash--Pay for future Cell 3 constructionPay for future Cell 3 construction--Eliminates the need for additional bondingEliminates the need for additional bonding‹‹Restricted CashRestricted Cash--Set aside forSet aside for‹‹Closure activities (final cover)Closure activities (final cover)‹‹PostPost--Closure activities (environmental monitoring services for Closure activities (environmental monitoring services for 30 years after closure)30 years after closure)--Required per NDEQ Title 132Required per NDEQ Title 132 FY 2010 BUDGETFY 2010 BUDGETBreakdown of ExpensesBond Payments12%Diesel 6%Personnel26%Operational28%Capital26% BUDGET CHANGES FOR 2010BUDGET CHANGES FOR 2010‹‹Moved Clean Community System from Moved Clean Community System from General Fund to Solid Waste budgetGeneral Fund to Solid Waste budget--$20,000 per year$20,000 per year‹‹General Fund no longer reimburses Solid General Fund no longer reimburses Solid Waste for RCC card.Waste for RCC card.‹‹Estimated savings of $40,000 per year to General Estimated savings of $40,000 per year to General FundFund‹‹Reduced revenues of $40,000 per year for Solid Reduced revenues of $40,000 per year for Solid Waste DivisionWaste Division 2010 BUDGET CONCLUSION2010 BUDGET CONCLUSION‹‹Price is the best way to maintain solid waste flowsPrice is the best way to maintain solid waste flows‹‹No rate increase proposed for FY 2010No rate increase proposed for FY 2010–– Last rate increase was October 1, 2004.Last rate increase was October 1, 2004.‹‹What weWhat we’’re working onre working on–– Landfill Major Permit Modification should be completed and Landfill Major Permit Modification should be completed and approved by the NDEQ within the next several months.approved by the NDEQ within the next several months.–– Engineer/Consultant will need to be selected late this fiscal yeEngineer/Consultant will need to be selected late this fiscal year ar for Landfill refor Landfill re--permitting in order to have the process completed permitting in order to have the process completed and approved by the NDEQ by April 2011.and approved by the NDEQ by April 2011.‹‹Any Questions?Any Questions? Item C.2 2009-SWA-1 - Approving Adoption of Fiscal Year 2009-2010 Annual Budget for the Grand Island Area Solid Waste Agency This item relates to the aforementioned Solid Waste Agency Public Hearing Item C.-1. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-SWA-1 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, acting as the governing body of the Grand Island Area Solid Waste Agency, that the Agency’s 2009-2010 budget in the form presented is hereby approved and adopted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request from Firehouse Bar, LLC dba Firehouse Bar, 418 West 4th Street for a Class "C" Liquor License Tuesday, July 14, 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: July 14, 2009 Subject: Public Hearing on Request from Firehouse Bar, LLC dba Firehouse Bar, 418 West 4th Street for a Class “C” Liquor License Item #’s: E-1 & I-2 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 Firehouse Bar, LLC dba Firehouse Bar 418 West 4th Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. 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. Also submitted was a Liquor Manager Designation for Mitchelle Sheehan, 317 South Plum Street. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application of Firehouse Bar, LLC dba Firehouse Bar, 418 West 4th Street for a Class “C” Liquor License contingent upon final inspections and the request from Mitchelle Sheehan, 317 South Plum Street for a Liquor Manager Designation contingent upon Mr. Sheehan completing a state approved alcohol server/seller training program. Item E2 Public Hearing Concerning Change of Zoning for Land Located at 3204 West 14th Street from R2 Low Density Residential to R4 High Density Residential Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: July 14, 2009 Subject: Rezone Request for 3204 W 14th St., from R2 to R4. (C- 19-2009GI) Item #’s: E-2 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning rezone request of 3204 W 14th St. from R2 to R4 located north of 14th St., and east of Webb Rd., in the City of Grand Island. Discussion At the regular meeting of the Regional Planning Commission, held June 3rd, 2009, the above item was considered following a public hearing, there was some discussion regarding whether property owners within 300 ft. of the rezone were notified of the requested zoning change. Letters were sent to all property owners and a sign was placed on the property declaring that the property was subject to a request for a zoning change. Planning commission discussed the proposed plans for the area including the number of units planned for the site. Eight condominium units are proposed on two lots at the site. This would be the same number of units that are located immediately to the east on a slightly larger piece of property. Attached you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezoning request as presented 2. Modify the rezoning request to meet the wishes of the Council 3. Postpone the issue Recommendation A motion was made by Bredthauer, seconded by Amick to approve the rezone request of 3204 W 14th St., as presented. A roll call vote was taken and the motion passed with 8 members present voting in favor. (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer Heineman). Sample Motion Move to approve the rezone request for 3204 W 14th St. Agenda Item # 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 22, 2009 SUBJECT: Zoning Change (C-19-2009GI) PROPOSAL: To rezone approximately 0.773 acres of land north of 14th Street east of Webb Road from R2 Low Density Residential to R4 High Density Residential. This property is currently vacant or being cleared. The applicant intends to build 8 condominium units similar to those immediately to the east of this property at this location. The adjacent property is large enough to accommodate 8 units without the zoning change. OVERVIEW: Site Analysis Current zoning designation: R2 – Low Density Residential Permitted and conditional uses: R2- Low Density Residential, Residential uses at a density of 6 dwelling units per acre with 35% coverage, non-profit uses, recreational uses and agricultural uses. Minimum lot size of 6000 square feet. Comprehensive Plan Designation: Designated for future development as a medium density residential to office uses. Existing land uses. Vacant Proposed Zoning Designation R4 –- High Density Residential, Residential uses at a density of 42 dwelling units per acre with 60% coverage, non-profit uses, recreational uses and agricultural uses. Adjacent Properties Analysis Current zoning designations: North: CD- Commercial Development South RO- Residential Office East: R2- Low Density Residential, West: R4-High Density Residential Permitted and conditional uses: CD –Commercial Development Zone - A planned unit development for commercial purposes. This was permitted by Council with a limitation that commercial uses would be limited to those allowed in the RO zoning district. Lot sizes and set backs approved with the development plan. RO- Residential Office Residential uses with no density limitation, professional offices, retail limited to prescription services, personal services, medical services, churches, non-profits, recreation and agricultural uses, R2- Low Density Residential, Residential uses at a density of 6 dwelling units per acre with 35% coverage, non-profit uses, recreational uses and agricultural uses. R4 –- High Density Residential, Residential uses at a density of 42 dwelling units per acre with 60% coverage, non-profit uses, recreational uses and agricultural uses. Comprehensive Plan Designation: North South and West: Designated for Medium Density Residential to Office uses. East: Designated for Low to Medium Density Residential. Existing land uses: North: Commercial Development with offices and personal services establishments South: Bank East: Condominium Dwelling Units West: Apartments and Daycare Center EVALUATION: Positive Implications: · Consistent with the City’s Comprehensive Land Use Plan: The area around the subject property is designated for medium density residential to office uses (typically R3 to RO zoning). · Would allow for expansion residential development: This would allow apartments to be built at this location similar to those between this property and the single family residential further to the east. · Is infill development: This site has all of the required municipal infrastructure. It has been in the city limits and is being redeveloped. · Allows for efficient development of a small site: This zoning change would allow development of the site in a manner consistent with the surrounding properties and would maximize the benefits to both the developer and the city. Negative Implications: · None Foreseen Other Considerations The stated intent for this rezoning would allow the owner to develop housing similar to that located immediately east of this site. This type of housing would fill in with a nice transition between the uses fronting onto Webb Road and the single family detached residential east on 14th Street. The Future Land Use Map for the City of Grand Island for this area is shown below. Future Land Use Map of the Area as approved in the Grand Island Comprehensive Plan RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from R2-Low Density Residential to R4- High Density Residential as requested and shown on the attached map. ___________________ Chad Nabity AICP, Planning Director Item E3 Public Hearing on Changes to Future Land Use Map of the GI Comp. Plan to Shift the Boundaries of Property Planned for GC General Commercial & Properties Planned for LM Low to Medium Density Residential in an Area East of So. Locust & So. of Wood River Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: July 14, 2009 Subject: Rezoning Request for 2819 South Locust, from R2 and LLR to B2 Zone. (C-20-2009GI) Item #’s: E-3, E-4, F-2, & I-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning rezone request of 2819 South Locust from R2 and LLR to B2 Zone. Rezoning of land proposed for changing located east of South Locust Street and north of Midaro Drive, in the City of Grand Island. Discussion At the regular meeting of the Regional Planning Commission, held July 1st, 2009, the above item was considered following a public hearing, there was some discussion about property owners within 300 ft. of the rezone were notified of the requested zoning change. From the Planning Commission Meeting: Nabity explained that this application includes approximately 12 acres of land north of Midaro Drive and east of Locust Street. This property is owned by Lyman Richey Corporation and was the business location for the sand and gravel pit that operated out of this location since the mid 1970’s. The property is located within the Grand Island municipal limits. The applicant is asking that the zoning on this property be changed from R2 Low Density Residential and LLR Large Lot Residential to B2 General Business. The stated purpose of this rezoning is to allow the applicant to continue to store mining equipment and materials in the building. Planning staff is including an amend ment to the Grand Island Comprehensive Plan and Future Land Use map to change the proposed future use of this property from low to medium density residential use to general commercial use as part of this application. A portion of the property is already planned for commercial use but the entire piece is not included in the general commercial area. O’Neill entered into record the petition signed by 12 surrounding property owners, June 15, 2009, given to Grand Island Planning Department supporting the zoning request. (A copy of this is attached for the Council Meeting) Entered into record was the protest for Central Sand & Gravel, 2819 S Locust by James and Bev Hatch. The Hatch’s protest the rezoning of 2819 S Locust, a part of Lot 34, Matthews Subdivision from R2 Low Density Residential Zone and LLR Large Lot Residential Zone to B2 General Business Zone contending that the following: a. The covenants prohibit anything but residential lots. b. This is a lake property for homes and should remain residential. c. The business does not abut a dedicated road. d. License agreement states when mining finished property will be sold. e. When 211 Midaro was purchased in 2003 Carl Roberts assured the Hatch’s Central Sand and Gravel would clean up and leave after the Conditional Use Permit expired. f. Central Sand and Gravel has a history of not playing by the rules. g. Central Sand and Gravel has a new location on Shady Bend Road in Grand Island, it is time they finished moving. Another concern presented by the Hatch’s is the equipment that is lying around the location site is not appealing, they have future plans to build a new home on their property and the current view is obstructed by mining equipment. The Hatch’s also stated the City is not taking action to enforce the clean up of the property now that the conditional use permit has expired. The Hatches presented their testimony and evidence to the commission. A copy of their written and printed material was entered into the record of the case. (A copy of this is attached for the Council Meeting) Mr. Don Razey, 520 Midaro Dr., stated Lyman Richey has never been a bad neighbor; they have followed through on every request he has made to them, working with him to improve area conditions. He stated there are some misstatements made by the Hatch’s. Razey also commented on the Comme rcial building located to the west of Lyman Richey. Carol White, 4315 Cremings St, Omaha NE, noted the scale house has been sold and removed as of July 1, 2009; all that remains is the metal building. Lyman Richey is currently mining in a separate location, they were hoping to keep the building on the property they own vs. moving to a new location that is just leased. Snodgrass asked about all the excess unused equipment that is lying around, White stated they would like to move that equipment to their new location but at the time had not spoke to Mr. Williams. Mr. Gary Williams, 610 Midaro Dr, stated there is not as much trash located around the area, he mowed the area last year and never had any issues. He stated this is a mining facility and you expect to find mining equipment on the site. The Planning Commission asked if the city is responsible for enforcing or abiding by covenants. Nabity stated that covenants on the property are a private civil matter and do not apply to actions taken by the City with regard to zoning. The City can rezone the property as they feel appropriate regardless of what the private restrictions require. There was further discussion regarding the roadway. A roadway easement has been dedicated when the property was platted. This easement appears to have been acquired to provide legal access to these properties from Midaro Drive. The City has enforced the easement and required that gates across the easement be removed to allow access. Nabity stated the conditional use permit allowed the building to be used as a warehouse/shop for operation for as long as they were still operating or mining. Now they are no longer operating in the area, the building can stay, in LLR zone the building could be used as a house; this is a permitted use in the LLR zone. Lyman Richey would like to rezone the area to be used the building for commercial uses. O’Neill closed the Public Hearing and asked for motions regarding the proposed changes. Attached you will find the Planning Directors report to the Planning Commission on this item with a summary of the changes. Alternatives Council should consider the change to the Comprehensive Plan and Future Land Use Map prior to considering the rezoning request. It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the changes to the Future Land Use Map as presented 2. Modify the changes to the Future Land Use Map to meet the wishes of the Council 3. Postpone the issue If Council approves the changes to the Future Land Use Map they may: 1. Approve the changes to the Zoning Map as presented 2. Modify the changes to the Zoning Map to meet the wishes of the Council 3. Postpone the issue If Council does not approve the changes to the Future Land Use Map they may choose to take no action on the ordinance to change the zoning map. Recommendation A motion was made by Bredthauer and seconded by Reynolds, to recommend the approval of the changes to the Future Land Use Map of the Grand Island Comprehensive Plan finding that a portion of this property is already planned for General Commercial Use; the remainder of the property is adjacent to property planned for general commercial use and the future land use map is a general guideline not a strict. A roll call vote was taken and the motion passed with 9 members present, 7 voting in favor (Aguilar, O’Neill, Ruge, Haskins, Eriksen, Bredthauer, Snodgrass) voting in favor and 2 members against (Hayes, Reynolds). A motion was made by Ruge and seconded by Aguilar to recommend the approval of the zoning change for 2819 S Locust, a Part of Lot 34, Matthews Subdivision as presented from R2 and LLR to B2 Zone findings that the City is not bound by covenants and deed restrictions CCR or any private license agreements; that the existing use is consistent with the rezoning and that the zoning changes is consistent with the Grand Island Comprehensive Plan. A roll call vote was taken and the motion passed with 9 members present, 7 voting in favor (Aguilar, O’Neill, Ruge, Haskins, Eriksen, Bredthauer, Snodgrass) voting in favor and 2 members against (Hayes, Reynolds). Sample Motion Approve the resolution to amend the future land use map in the Grand Island Comprehensive Plan. Move to approve the ordinance to the zoning change for 2819 S Locust St. Agenda Item #4 & #5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: June 22, 2009 SUBJECT: Future Land Use Map and Zoning Change (C-20-2009GI) PROPOSAL: This application includes approximately 12 acres of land north of Midaro Drive and east of Locust Street. This property is owned by Lyman Richie Corporation and was the business location for the sand and gravel pit that operated out of this location since the mid 1970’s. The property is located within the Grand Island municipal limits. The applicant is asking that the zoning on this property be changed from R2 Low Density Residential and LLR-Large Lot Residential to B2 General Business. The stated purpose of this rezoning is to allow the applicant to continue to store mining equipment and materials in the building. A map of the proposed changes is attached. It would be prudent to amend the Grand Island Comprehensive Plan and Future Land Use map to change the proposed future use of this property from low to medium density residential use to general commercial use as part of this application. A portion of the property is already planned for commercial use but the entire piece is not included in the general commercial area. A map of the proposed changes is attached. OVERVIEW: Site Analysis Current zoning designation: LLR-Large Lot Residential and R2- Low Density Residential Permitted and conditional uses: LLR- Agricultural uses, recreational uses and residential uses at a density of 1 unit per 20,000 square feet. R2- Low Density Residential, Residential uses at a density of 6 dwelling units per acre with 35% coverage, non-profit uses, recreational uses and agricultural uses. Minimum lot size of 6000 square feet. Comprehensive Plan Designation: Designated for General Commercial and Low to Medium Density Residential. Existing land uses. Warehouse used for storage mining equipment and materials. Adjacent Properties Analysis Current zoning designations: South and East: LLR- Large Lot Residential North: R2-Medium Density Residential West: LLR-Large Lot Residential and B2-AC General Business with an Arterial Commercial Overlay Zone Item E4 Public Hearing Concerning Change of Zoning for Land Located at 2819 South Locust Street from R2 Low Density Residential and LLR Large Lot Residential to B2 General Business This item relates to the aforementioned Public Hearing Item E-3, F-2 & I-1. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E5 Public Hearing on Acquisition of Utility Easement Located on the East Side of 589 Stuhr Road (Nebraska Colorado Cellular, Inc. dba Viaero Wireless) Tuesday, July 14, 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 Meeting: July 14, 2009 Subject: Acquisition of Utility Easement – East Side of 589 Stuhr Road – NE Colorado Cellular, Inc. dba Viaero Wireless Item #’s: E-5 & G-5 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of NE Colorado Cellular, Inc., dba Viaero Wireless, located on the east side of 589 Stuhr Road between Bismark Road and the Burlington Northern Railroad tracks, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used for a pad-mount transformer and underground cable to provide electrical service to a new antenna at that location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E6 Public Hearing on Acquisition of Utility Easement Located at 1814 North Eddy Street - Five Points Area (Casey's Retail Company) Tuesday, July 14, 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 Meeting: July 14, 2009 Subject: Acquisition of Utility Easement – 1814 North Eddy Street - Casey’s Convenience Store at Five Points Item #’s: E-6 & G-6 Presenter(s): Gary R. Mader, Utilit ies Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Casey’s Retail Company located at 1814 North Eddy Street (Five Points area), in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used for a pad-mount transformer and underground cable to provide service to the new Casey’s being constructed at that location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E7 Public Hearing on Acquisition of Public Utility Easement in Lot 1 of Meadowlark West Sixth Subdivision at 1204 North Webb Road (Village Development - Grand Island, LLC.) Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: July 14, 2009 Subject: Public Hearing on Acquisition of Public Utility Easement in Lot 1 of Meadowlark West Sixth Subdivision at 1204 North Webb Road (Village Development - Grand Island, LLC.) Item #’s: E-7 & & G-16 Presenter(s): Steven P. Riehle, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public utility easement is needed on Lot 1 of Meadowlark West Sixth Subdivision to accommodate public utilities. The easement will allow for the construction, operation, maintenance, extension, repair, replacement and removal of public utilities within the easement. Discussion The new easement covers all of Lot 1 and provides for water service to the new Walgreens at 1230 North Webb Road. Please see attached sheet 1 of 1 that shows the easement. 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 Public Works Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Easement. Sample Motion Move to approve the acquisition of the Easement. Item F1 #9225 - Consideration of Change of Zoning for Land Located at 3204 West 14th Street from R2 Low Density Residential to R4 High Density Residential This item relates to the aforementioned Public Hearing Item E-2. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney ORDINANCE NO. 9225 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of Lot Nine 9 of Island Acres being a Subdivision in the City of Grand Island, Hall County Nebraska except a certain tract more particularly described in a Warranty Deed recorded as Document No 77-005932 from R2 Low Density Residential to R4 High Density Residential; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island pursuant to the provisions of Sections 36-44 and 36-51; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on July 1, 2009, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on July 14, 2009, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tracts of land are hereby rezoned, reclassified and changed from R2 Low Density Residential to R4 High Density Residential: Lot Nine 9 of Island Acres being a Subdivision in the City of Grand Island, Hall County, Nebraska except a certain tract more particularly described in a Warranty Deed recorded as Document No 77-005932 SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Sections 36-44 and 36-51 of the Grand Island City Code be, and the ORDINANCE NO. 9225 (Cont.) - 2 - same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 14, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9226 - Consideration of Change of Zoning for Land Located at 2819 South Locust Street from R2 Low Density Residential and LLR Large Lot Residential to B2 General Business This item relates to the aforementioned Public Hearing Item E-3 & E4. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney ORDINANCE NO. 9226 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of part of Lot Thirty Four (34), Matthews Subdivision in the City of Grand Island, Nebraska and a part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, more particularly described as hereafter from R2 Low Density Residential and LLR Large Lot Residential to B2 General Business Zone; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island pursuant to the provisions of Sections 36-44 and 36-51; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on July 1, 2009, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on July 14, 2009, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tracts of land are hereby rezoned, reclassified and changed from R2 Low Density Residential and LLR Large Lot Residential to B2 General Business Zone : A tract of land comprising a part of Lot Thirty Four (34), Matthews Subdivision in the City of Grand Island, Nebraska, more particularly described as follows: ORDINANCE NO. 9226 (Cont.) - 2 - Beginning at the Southwest corner of said Lot Thirty Four (34); thence Northerly along the West line of said Lot Thirty Four (34), a distance of Two Hundred Twenty (220.0) feet to a point in the centerline of Wood River; thence deflecting right 58°36’20” and running Northeasterly along said centerline, a distance of One Hundred Fifty and Two Tenths (150.2) feet; thence deflecting right 40°24’ and running Southeasterly along said centerline a distance of Two Hundred and Seven Tenths (200.7) feet; thence deflecting left 61°12’30” and running Northeasterly along said centerline, a distance of One Hundred Eleven and One Tenth (111.1) feet; thence deflecting left 27°14’ and running Northeasterly along said centerline, a distance of One Hundred Twenty Three and Two Tenths (123.2) feet; thence deflecting right 13”54’ and running Northeasterly along said centerline a distance of Ninety Eight and Four Tenths (98.4) feet; thence deflecting right 157 °26’40” and running Southerly, a distance of Eighty Six and Fifty Six Hundredths (86.56) feet; thence deflecting left 106°23’30” and running Northeasterly, a distance of Four Hundred Seventy Six and Nineteen Hundredths (476.19) feet; thence deflecting right 104°55’10” and running Southerly, a distance of Six Hundred Seven and Three Hundredths (607.03) feet, to the Southeast corner of said Lot Thirty Four (34); thence Westerly along the South line of said Lot Thirty Four (34), a distance of Nine Hundred Twelve and Two Hundredths (912.02) feet to the place of beginning and containing 8.965 acres more or less. A tract of land comprising a part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, more particularly described as follows: Beginning at the Northwest corner of said Southwest Quarter (SW1/4); thence Southerly along the West line of said Southwest Quarter (SW1/4) a distance of three hundred forty eight and seventy seven hundredths (348.77) feet; thence deflecting left 88°32’ and running Easterly a distance of eight hundred three (803) feet to the actual place of beginning; thence continuing Easterly along the last described course, a distance of three hundred sixty four and six tenths (364.6) feet; thence deflecting left 91°29’ and running Northerly, a distance of three hundred sixty and twelve hundredths (360.12) feet; thence deflecting left 89°04’20” and running Westerly, a distance of three hundred sixty four and six tenths (364.6) feet; thence deflecting left 90°55’40” and running Southerly, a distance of three hundred fifty six and sixty six hundredths (356.66) feet to the actual place of beginning, and containing 3.015 acres more or less. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Sections 36-44 and 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. ORDINANCE NO. 9226 (Cont.) - 3 - SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 14, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9227 - Consideration of Amendments to Chapter 32 of the Grand Island City Code Relative to Streets and Sidewalks Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: July 14, 2009 Subject: Consideration of Amendments to Chapter 32 of the Grand Island City Code Relative to Streets and Sidewalks Item #’s: F-3 Presenter(s): Steven P. Riehle, Public Works Director Background A few proposed revisions to Chapter 32 of the City Code have been drafted for City Council consideration. Applicable sections of the existing city code with markups are shown in this memo. The sections to the code that are being added are underlined and the sections that are being eliminated have a line drawn through the text. A clean version of the proposed city code is attached as an ordinance. · Section 32-55, Sidewalks: If a property owner wants to replace a conventional sidewalk with a curb sidewalk, the requirements of the current code are cumbersome. · Section 32-74, Spreading Snow in Streets: Many communities across Nebraska and in the Midwest have laws against pushing, shoveling or blowing snow into the streets. · Section 32-74.2, Mailboxes: The city is sometimes held accountable for damage to a mailbox that was not caused by negligence. Discussion The changes and additions that are being proposed to Chapter 32 are as follows: · Section 32-55, Sidewalks: If a property owner wants to replace a conventional sidewalk with curb sidewalk, the current city code requires 10 days notice by certified mail to all property owners, council to conduct a public hearing and special permission from the city council. Public Works Ad ministration is recommending that the code be changed to remove the certified mail requirement, eliminate the need for a public hearing & allow the Public Works Director to give the special permission to replace a conventional sidewalk with a curb sidewalk. §32-55. Sidewalks Sidewalks built within one foot or less of property lines shall be known as "conventional" sidewalks. Conventional sidewalks shall be at least four feet wide. Only conventional sidewalks may be constructed on arterial, collector, and other protected streets, except as hereinafter provided. Sidewalks constructed immediately adjacent to any curb and gutter shall be known as "curb" sidewalks. Curb sidewalks shall be at least four feet wide. No curb sidewalk may be constructed unless curb and gutter is constructed immediately prior to or is in place at the time of the sidewalk construction. No curb sidewalks may be constructed unless there is constructed a continuous curb sidewalk between successive streets or between a street and an alley. The intent of this section is to provide for uniform sidewalk construction between successive streets or streets and alleys. In some instances, intersections or alleys are not in existence in newly platted areas, or blocks in earlier platted areas are excessive in length, in which case curb sidewalk may be constructed only if it will be continuous for approximately one block and there remains a continuous distance of the same length for construction of conventional sidewalk. For the purpose of this section, one block is defined as 300 feet, more or less. The purpose of this requirement is to provide for continuous sidewalk, either curb or conventional, for a reasonable distance without change. No conventional sidewalk may be replaced with curb sidewalk without special permission from the Public Works Director city council. At least ten days advance notice by certified mail of such hearing must be given to all property owners and occupants between successive streets or between a street and an alley. If a majority of the property owners on a block petition the City for a curb sidewalk, then a new sidewalk may be installed as curb sidewalk. Such curb sidewalk shall comply with the other provisions of this section. Where buildings, improved parking lots, or other improvements extend to the property line, the sidewalk must be at least five feet in width and extend to the property line. In areas classified as rural routes by the U.S. Postal Service, properties will be allowed curb sidewalk only if the following conditions exist: (1) If curb exists or is being constructed immediately prior to installation of the sidewalk; and (2) If all property owners installing curb sidewalk agree to neighborhood box units which are approved and installed by the U.S. Postal Service; and (3) If the section of sidewalk will be consistent between successive streets or from a street to an alley. §32-73. Snow and Ice Removal from Sidewalks It shall be unlawful for the occupant or owner of any lot, tract, or parcel of real estate within the City to fail to clear or have cleared the sidewalks contiguous thereto of all snow and ice within twenty-four hours after the cessation of any storm or snow fall; provided, that if such lot, tract, or parcel of real estate is located within the Central Business District of the City of Grand Island, then it shall be unlawful for the occupant owner of such lot, tract, or parcel of real estate to fail to clear the sidewalks contiguous thereto of all snow and ice within six hours after the cessation of any storm or snow fall, or by 12:00 Noon should the cessation of any storm or snow fall occur during night-time hours. It shall be unlawful for the occupant or owner of any lot, tract, or parcel of real estate within the City to fail to clear or have cleared the sidewalks contiguous thereto of all ice accumulated from natural or artificial drainage of water within twenty-four hours after the commencement of accumulation; provided, that if such lot, tract, or parcel of real estate is located within the Central Business District of the City of Grand Island, then it shall be unlawful for the occupant or owner of such lot, tract, or parcel of real estate to fail to clear the sidewalks contiguous of all ice accumulated from natural or artificial drainage of water within six hours after the commencement of accumulation, or by 12:00 noon should the accumulation of ice occur during night-time hours. The violation of this section shall give rise to a cause of action for damages in favor of any person who is injured by the failure or neglect of the owner or occupant of the real estate to comply with the provisions of this section. · Section 32-74, Spreading Snow in Streets: Putting snow on to city streets creates a traffic hazard and is counter productive to the snow removal work being performed by crews trying to clear city streets of snow. Putting snow onto city property can cause damage to city property. City property should not be considered a dumping ground for property owners looking for a disposal place for snow. Public Works Administration is recommending that the city code be changed to make it unlawful to put snow on city streets or city property. §32-74. Spreading Snow In Streets Shoveling, plowing or blowing snow onto the street or city property If any snow and ice is removed pursuant to the provisions of §32-73 and deposited in the traveled portion of any street, such snow and ice shall be spread over the surface of such street in such a manner as to cause the least interference to traffic and drainage upon such street. It is hereby declared unlawful for any property owner or any lessee or occupant of any property or contractor to shovel, plow or blow any snow from sidewalks, driveways or private property onto any city street or other city property. The only exception is in the Central Business District where snow from sidewalks only may be placed in the street in such a manner as to cause the least interference to traffic upon such street. · Section 32-74.2, Mailboxes: This section is being added to eliminate city responsibility for clearing snow from mailboxes for mail delivery, and also eliminating city liability for mailboxes that are damaged by the weight of moving snow and not by actual contact by a snowplow. § 32-74.2 Mailboxes (1) Where mailboxes are placed adjacent to the street it shall be the policy of the City that snow shall be plowed as close a practicable to the curb to allow for passage of traffic and mail delivery. It shall be the responsibility of the property owner to keep piled snow away from mailboxes so mail can be delivered. The City will not assume responsibility for clearing mailboxes for mail delivery. (2) If damage to a mailbox occurs, such damage shall be investigated by the Streets Division of the Public Works Department. If it is determined that the weight of the snow caused the damage, the City will not assume responsibility for repair of the mailbox. Where evidence indicates that physical contact between the plow and the mailbox occurred, the City will assume responsibility for repair, provided the mailbox was properly placed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Adopt the ordinance as presented. 2. Adopt the ordinance with amendments. 3. Take no action on the issue. Recommendation Public Works Administration recommends that the Council approve the changes to Chapter 32 of the City Code. Sample Motion Move to approve Ordinance No. 9227 revising code sections in Chapter 32 of the Grand Island City Code. Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney ORDINANCE NO. 9227 An ordinance to amend Chapter 32 of the Grand Island City Code; to amend Section 32-55 pertaining to Sidewalks, Section 32-74 pertaining to Spreading Snow in Streets and add Section 32-74.2 pertaining to Mailboxes; to repeal Sections 32-55 and 32-74 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 32-55, 32-74 and 32-74.2 of the Grand Island City Code are hereby amended to read as follows: §32-55. Sidewalks Sidewalks built within one foot or less of property lines shall be known as "conventional" sidewalks. Conventional sidewalks shall be at least four feet wide. Only conventional sidewalks may be constructed on arterial, collector, and other protected streets, except as hereinafter provided. Sidewalks constructed immediately adjacent to any curb and gutter shall be known as "curb" sidewalks. Curb sidewalks shall be at least four feet wide. No curb sidewalk may be constructed unless curb and gutter is constructed immediately prior to or is in place at the time of the sidewalk construction. No curb sidewalks may be constructed unless there is constructed a continuous curb sidewalk between successive streets or between a street and an alley. The intent of this section is to provide for uniform sidewalk construction between successive streets or streets and alleys. In some instances, intersections or alleys are not in existence in newly platted areas, or blocks in earlier platted areas are excessive in length, in which case curb sidewalk may be constructed only if it will be continuous for approximately one block and there remains a continuous distance of the same length for construction of conventional sidewalk. For the purpose of this section, one block is defined as 300 feet, more or less. The purpose of this requirement is to provide for continuous sidewalk, either curb or conventio nal, for a reasonable distance without change. No conventional sidewalk may be replaced with curb sidewalk without special permission from the Public Works Director. Where buildings, improved parking lots, or other improvements extend to the property line, the sidewalk must be at least five feet in width and extend to the property line. In areas classified as rural routes by the U.S. Postal Service, properties will be allowed curb sidewalk only if the following conditions exist: (1) If curb exists or is being constructed immediately prior to installation of the sidewalk; and (2) If all property owners installing curb sidewalk agree to neighborhood box units which are approved and installed by the U.S. Postal Service; and (3) If the section of sidewalk will be consistent between successive streets or from a street to an alley. §32-74. Shoveling, plowing or blowing snow onto the street or city property It is hereby declared unlawful for any property owner or any lessee or occupant of any property or contractor to shovel, plow or blow any snow from sidewalks, driveways or private property onto any ORDINANCE NO. 9227 (Cont.) - 2 - city street or other city property. The only exception is in the Central Business District where snow from sidewalks only may be placed in the street in such a manner as to cause the least interference to traffic upon such street. § 32-74.2 Mailboxes (1) Where mailboxes are placed adjacent to the street it shall be the policy of the City that snow shall be plowed as close a practicable to the curb to allow for passage of traffic and mail delivery. It shall be the responsibility of the property owner to keep piled snow away from mailboxes so mail can be delivered. The City will not assume responsibility for clearing mailboxes for mail delivery. (2) If damage to a mailbox occurs, such damage shall be investigated by the Streets Division of the Public Works Department. If it is determined that the weight of the snow caused the damage, the City will not assume responsibility for repair of the mailbox. Where evidence indicates that physical contact between the plow and the mailbox occurred, the City will assume responsibility for repair, provided the mailbox was properly placed. SECTION 2. Sections 32-55 and 32-74 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: July 14, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of June 30, 2009 City Council Special Meeting Tuesday, July 14, 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 June 30, 2009 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 June 30, 2009. Notice of the meeting was given in The Grand Island Independent on June 24, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Nickerson, Zapata, and Gericke. Councilmember Ramsey was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council members Audie Aguilar and Miranda Baxter. Also introduced were Northwest FFA members Kendall Hostler, Matt Hall-Haughton, Miranda Baxter and Jessica Hermansen – Advisor. Mayor Hornady mentioned the National 4-H Shooting Competition which was a huge success with 480 participants. Mayor Hornady stated she received from Don Dunn, a copy of a Letter of Credit from Five Points Bank in the amount of $1,500,000 and $500,000 wire transfer from the Community Foundation. Since this needs to be received by July 1, 2009 at the offices of Department of Administrative Services, this is consid ered an emergency Under the Open Meetings Law. Mayor Hornady stated we would need to amend the agenda to add this item. Motion by Meyer, second by Dugan to amend the agenda to add the following item under Requests and Referrals: H-1. Consideration of Request from Hall County Livestock Improvement Association, Nebraska State Fair Board, Grand Island Community Foundation and Five Points Bank for Financial Documents to be Referred to the Department of Administrative Services. Upon roll call vote, all voted aye. Motion adopted. PUBLIC HEARINGS: Public Hearing Concerning Ground Lease to the Nebraska State Fair for Land Located Near Fire Station 1, Grand Island, Nebraska. This item was pulled from the agenda at the request of the Nebraska State Fair Board. Page 2, City Council Regular Meeting, June 30, 2009 ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #9223 – Consideration of Assessment for 2008 Weed and Nuisance Abatement Program (Second and Final Reading) #9224 – Consideration of Amendments to Chapter 23-79 of the Grand Island City Code Relative to Food Services, Drinking Places, and Restaurant Tax (Second and Final Reading) be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motio n. Upon roll call vote, all voted aye. Motion adopted. Wes Nespor, Assistant City Attorney reported Ordinance #9223 on second and final reading would assess properties for the 2008 Weed and Nuisance Abatement Program. Mr. Nespor stated the ordinance had been amended from the first reading to omit two of the properties because of change in ownership. Motion by Meyer, second by Zapata to approve Ordinance #9223 on second and final reading. City Clerk: Ordinance #9223 on second reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9223 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on second reading and then upon final passage, Ordinance #9223 is declared to be lawfully adopted upon publication as required by law. #9224 – Consideration of Amendments to Chapter 23-79 of the Grand Island City Code Relative to Food Services, Drinking Places, and Restaurant Tax (Second and Final Reading) City Administrator Jeff Pederson reported that Ordinance #9224 on second and final reading would amend Chapter 23-79 of the Grand Island City Code to allow up to $1.6 million of revenue from the Occupation Tax to be utilized for the athletic fields development on the Veterans Home land that is under lease from the State of Nebraska. Motion by Meyer, second by Nickerson to approve Ordinances #9224 on second and final reading. Page 3, City Council Regular Meeting, June 30, 2009 Councilmember Gilbert spoke against raising the amount to $1.6 million and encouraged the Council to vote no. Councilmember Nickerson commented on the need to include the fourth ball field at this time. City Clerk: Ordinance #9224 on second reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Niemann, Dugan, Zapata, Nickerson, and Gericke voted aye. Councilmember’s Gilbert, Haase, and Carney voted no. Motion adopted. City Clerk: Ordinance #9224 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Niemann, Dugan, Zapata, Nickerson, and Gericke voted aye. Councilmember’s Gilbert, Haase, and Carney voted no. Motion adopted. Mayor Hornady: By reason of the roll call votes on second reading and then upon final passage, Ordinance #9224 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Zapata, second by Dugan to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of June 23, 2009 City Council Regular Meeting. REQUESTS AND REFERRALS: Consideration of Request from Hall County Livestock Improvement Association, Nebraska State Fair Board, Grand Island Community Foundation and Five Points Bank for Financial Documents to be Referred to Department of Administrative Services. Mayor Hornady reported this item needed to be sent to the Department of Administrative Services by July 1, 2009 in order to meet the deadline for the State Fair Relocation. Motion by Meyer, second by Nickerson to approve the Request from Hall County Livestock Improvement Association, Nebraska State Fair Board, Grand Island Community Foundation and Five Points Bank for Financial Documents to be Referred to Department of Administrative Services. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2009-153 – Consideration of Ground Lease to the Nebraska State Fair for Land Located Near Fire Station 1, Grand Island, Nebraska. This item was pulled from the agenda at the request of the Nebraska State Fair Board. #2009-154 – Consideration of Accepting Appraisal for Lease Purchasing Financing for Recreational Facility at Fonner Park. City Administrator Jeff Pederson reported that in conjunction with the decision of the City Council to contribute $5 million to the relocation of the Nebraska State Fair to Grand Island, a recreational building was required to be built in order to borrow the funds through a Lease-Purchase Agreement with Wells Fargo. State Statures required a certified appraisal for real property improvements valued in excess of $100,000. The appraisal for the 70,000 sq. ft. recreation building had been conducted by Robin Hendrickson. Page 4, City Council Regular Meeting, June 30, 2009 Motion by Meyer, second by Haase to approve Resolution #2009-154. Upon roll call vote, all voted aye. Motion adopted. #2009-155 – Consideration of Approving Lease Agreement with Fonner Park Exposition & Events Center. Hall County Livestock Improvement Association, City of Grand Island and the Nebraska State Fair for Recreational Facility at Fonner Park. City Administrator Jeff Pederson reported that the Nebraska State Fair Board had expressed the desire to relocate the Nebraska State Fair to Grand Island on property owned by the Hall County Livestock Improvement Association. A Lease purchase agreement between the Nebraska State Fair Board, Wells Fargo, the City of Grand Island, and the Hall County Livestock Improvement Association for the City improvement was required. Questions were answered concerning the dates of use of the City owned facility, naming rights, and maintenance during the State Fair. City Attorney Dale Shotkoski explained the State Fair would use the City owned facility from August 1 through September 29. Also explained was that all monetary donations generated from the sale of naming rights with respect to the Improvements on the City Property would be retained by the City. No sale or commercial use of naming rights by the City would be made as long as the Wells Fargo Agreement remained in effect. Maintenance during the State Fair would be provided by the State Fair. Councilmember Carney mentioned a typo on page 10 of the Lease Agreement under Section 7b Lessors’ Insurance changing the word “care” to “carry”. Motion by Gilbert, second by Haase to approve Resolution #2009-155. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady thanked all those involved regarding the State Fair relocation. ADJOURNMENT: The meeting was adjourned at 7:35 p.m. RaNae Edwards City Clerk Item G2 Approving Appointments of Hugh Miner, Roy Neneman, and Byron Wheeler to Business Improvement District #4 The Mayor has submitted the re-appointments of Hugh Miner, Roy Neneman, and Byron Wheeler to the Business Improvement District #4 Board. These appointments would become effective immediately upon approval by the City Council and would expire on May 31, 2012. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G3 #2009-156 - Approving Final Plat and Subdivision Agreement for Voltaire Villas Subdivision Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: July 14, 2009 Subject: Voltaire Villas Subdivision – Final Plat Item #’s: G-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This final plat proposes to create 2 lots on a tract of land comprising all of Lot Nine (9), except the westerly Two Hundred (200.00) feet thereof , in Island Acres, a subdivision in the City of Grand Island, Hall County, Nebraska and said tract containing .773 acres. This property is zoned R4 High Density Residential Zone. Sewer and water are available to the site. Discussion The final plat for Voltaire Villas Subdivision was considered by the Regional Planning Commission at the June 3, 2009 meeting. A motion was made by Hayes and seconded by Heineman to approve the plat as presented on the Consent Agenda. A roll call vote was taken and the motion carried with 8 members present voting in favor (Amick, O’Neill, Heineman, Ruge, Hayes, Reynolds, Haskins, Bredthauer). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Voltaire Villas Subdivision Final Plat Summary Developer/Owner Daniel Thayer 2604 Cottonwood Grand Island NE 68801 To create 2 lots north of 14th St., and east of Webb Rd., in the City of Grand Island, in Hall County, Nebraska. Size: .0773 acres Zoning: R4 – High Density Residential Zone Road Access: Public City Roads Water Public: Public water is available Sewer Public: Public sewer is available Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-156 WHEREAS, Daniel J. Thayer and Lisa R. Thayer husband and wife, being the owners of the land described hereon have caused to be laid out into 2 lots, a tract of land comprising all of Lot Nine (9), except the westerly Two Hundred (200.00) feet thereof, in Island Acres a Subdivision in the City of Grand Island, in Hall County, Nebraska, under the name of VOLTAIRE VILLAS SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of VOLTAIRE VILLAS SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2009-157 - Approving Final Plat and Subdivision Agreement for Journeys End Subdivision Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: July 14, 2009 Subject: Journeys End Subdivision – Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of Wildwood Drive and east of Stuhr Rd., final plat proposes to create 1 lot on a tract of land comprising a part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section Two (2), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in the 2-mile extraterritorial of Grand Island in Hall County Nebraska. This is approximately 1.692 acres. Discussion The final plat for Journeys End Subdivision was considered by the Regional Planning Commission at the July 1, 2009 meeting. A motion was made by Eriksen and seconded by Hayes to approve the plat as presented on the Consent Agenda. A roll call vote was taken and the motion passed with 9 members present (Aguilar, O’Neill, Ruge, Hayes, Reynolds, Haskins, Eriksen, Bredthauer, Snodgrass) voting in favor and no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Journeys End Final Plat Summary Developer/Owner Mae Hein O’Nele Trust James O’Nele – Successor Trustee 41220 N Majesty Way 104 E Kansas St Anthem AZ 85086 Mick O’Nele – Successor Trustee 130 White Ash Drive East Asheville NC 28803 To create 1 lot north of Wildwood Drive and east of Stuhr Rd., in the 2-mile extraterritorial jurisdiction of Grand Island, in Hall County, Nebraska. Size: 1.692 acres Zoning: LLR – Large Lot Residential Zone Road Access: Public City Roads Water Public: Public water is not available Sewer Public: Public sewer is not available Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-157 WHEREAS, James O’Nele, Successor Trustee of Mae Hein O’Nele Trust and Mick O’Nele, Successor Trustee of Mae Hein O’Nele being the said owners of the land described hereon have caused to be laid out into 1 lot, a tract of land comprising a part of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) of Section Two (2), Township Ten (10), North, Range Nine (9) West of the 6th P.M., in the 2-mile extraterritorial jurisdiction of the City of Grand Island, in Hall County, Nebraska, under the name of JOURNEYS END SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of JOURNEYS END SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2009-158 - Approving Acquisition of Utility Easement Located on the East Side of 589 Stuhr Road (Nebraska Colorado Cellular, Inc. dba Viaero Wireless) This item relates to the aforementioned Public Hearing Item E-5. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-158 WHEREAS, a public utility easement is required by the City of Grand Island, from NE Colorado Cellular, Inc., dba Viaero Wireless, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on July 14, 2009, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Commencing at the southwest corner of Lot Two (2) Pirnie First Subdivision in the City of Grand Island, Hall County, Nebraska; thence northerly along the westerly line of said Lot Two (2), a distance of twenty (20.0) feet to the ACTUAL Point of Beginning; thence continuing northerly along the westerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence easterly, parallel with the southerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence southerly, parallel with the westerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence westerly, parallel with the southerly line of said Lot Two (2), a distance of twenty (20.0) feet to a point on the westerly line of said Lot Two (2) being the said Point of Beginning. The above-described easement and right-of-way containing 400 square feet, more or less, as shown on the plat dated 6/19/2009, marked Exhibit "A" attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from NE Colorado Cellular, Inc., dba Viaero Wireless, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G6 #2009-159 - Approving Acquisition of Utility Easement Located at 1814 North Eddy Street - Five Points Area (Casey's Retail Company) This item relates to the aforementioned Public Hearing Item E-6. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-159 WHEREAS, a public utility easement is required by the City of Grand Island, from Casey’s Retail Company, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on July 14, 2009, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Beginning at the southeast corner of Lot Two (2) Gilbert’s Subdivision of Block One (1) Gilbert’s 2nd Addition in the City of Grand Island, Hall County, Nebraska; thence southwesterly along the southerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence northwesterly, parallel with the easterly line of said Lot Two (2), a distance of seventeen (17.0) feet; thence northeasterly, parallel with the southerly line of said Lot Two (2), a distance of twenty (20.0) feet to a point on the easterly line of said Lot Two (2); thence southeasterly along the easterly line of said Lot Two (2), a distance of seventeen (17.0) feet to the southeast corner of said Lot Two (2) being the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.340 square feet, more or less, as shown on the plat dated 6/22/2009, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Casey’s Retail Company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item G7 #2009-160 - Approving Bid Award for Boiler Draft Fan Motors - Platte Generating Station Tuesday, July 14, 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: July 14, 2009 Subject: Boiler Draft Fan Motors Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background The boiler at Platte Generating Station requires a controlled supply of air in its combustion process. The forced draft fan (moves air into the boiler) works along with the induced draft fan (draws exhaust gases out of the boiler) to accomplish this goal. These are large fans which require unique electric motors (1250 and 3000 horsepower, respectively) to drive each of them individually. The current motors are original to plant construction and have been in constant service for 29 years. Should either of these motors fail, operation of the plant would not be possible. Delivery times for new motors are six months. Due to the age and condition of the existing motors, plant staff recommends that replacement motors be obtained with the intent of installing the new motors and refurbishing the existing motors for use as spares. The plant engineering staff developed specifications for the replacement motors. Discussion The specifications for the Boiler Draft Fan Motors were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on June 2, 2009. Specifications were sent to eight potential bidders and responses were received as listed below. The engineer’s estimate for this project was $420,000.00. Bidder Bid Price Adjusted Bid Price Hupp Electric, Inc. (Tatung Motor) $337,345.00 $349,230.15* Malloy Electric, Inc. $378,081.39 $379,856.42* Applied Industrial Technologies, Inc. $399,827.71 $399,827.71 Hupp Electric, Inc. (WEG Motor) $398,720.00 $426,000.40* *Bid price adjusted for sales tax The bids were reviewed by plant engineering staff. All bids meet the technical requirements of the detailed specifications. The Hupp Electric bid, Tatung Motor Option, was the “as read” low bid. During bid evaluation for sales tax computations, plant staff found the low Hupp bid contained a math error which added labor into the base bid twice. This error was confirmed by using the unit prices included in the bid. The Hupp bid price has been corrected and Nebraska sales tax added for bid comparison purposes. It 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 Boiler Draft Fan Motors to Hupp Electric, Inc. of Cedar Rapids, IA, as the low responsive bidder, in a contract amount of $349,230.15. Sample Motion Move to approve award the contract for Boiler Draft Fan Motors in the amount of $349,230.15 from Hupp Electric, Inc., for the Boiler Draft Fan Motors 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: June 2, 2009 at 11:00 a.m. FOR: Boiler Draft Fan Motors DEPARTMENT: Utilities ESTIMATE: $420,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: May 9, 2009 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Applied Industrial Technologies Malloy Electric & Bearing Supply Grand Island, NE Sioux Falls, SD Bid Security: $20,000.00 $17,800.00 Exceptions: None Noted Bid Price: Material: $373,670.76 $355,006.00 Labor: Sales Tax: 26,156.95 23,075.39 Total: $399,827.71 $378,081.39 Price Deduct for Test Reports/ Witness Testing $ 23,200.00 $ 16,520.00 Bidder: Hupp Electric Motors, Inc. Hupp Electric Motors, Inc. Cedar Rapids, IA Cedar Rapids, IA Bid Security: Developers Surety & Indemnity Co. Developers Surety & Indemnity Co. Exceptions: Noted Noted Bid Price: Material: $328,345.00 $389,720.00 Labor: 9,000.00 9,000.00 Sales Tax: Total: $337,345.00 $398,720.00 Price Deduct for Test Reports/ Witness Testing $ 5,700.00 $ 17,270.00 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. Rodger Zawodniak, Utilities Dept. P1339 Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-160 WHEREAS, the City Electric Department invited sealed bids for Boiler Draft Fan Motors at Platte Generating Station; and WHEREAS, on June 2, 2009, bids were received, opened and reviewed; and WHEREAS, Hupp Electric, Inc., of Cedar Rapids, Iowa, 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 $337,345.00; and WHEREAS, the Hupp Electric bid did not include sales tax, which amount is $11,885.15; and WHEREAS, the bid of Hupp Electric, Inc., is less than the estimate for Boiler Draft Fan Motors 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 Hupp Electric, Inc., of Cedar Rapids, Iowa, in the amount of $349,230.15 for Boiler Draft Fan Motors is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2009-161 - Approving Bid Award for Water Main Project 2009- W-3 - Water Main Extension - Husker Highway and 60th Road (Alda Water Line) Tuesday, July 14, 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 Dale Shotkoski, City Attorney Meeting: July 14, 2009 Subject: Water Main Project 2009-W-3 – Husker Hwy. and 60th Road Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background In 2006, the Village of Alda contacted the Utilities Department regarding the possibility of the City of Grand Island providing water supply to the Village. At that time, the Village was beginning the processes of evaluating options to replace their current wells being used for water supply. The Village is under an Administrative Order from the Nebraska Department of Health and Human Services because the current wells do not meet the recently implemented regulations regarding uranium, a naturally occurring contaminate common in central Nebraska. At that time, Utilities Department staff and the Village’s engineering consultant (JEO, Inc.) began the work of determining the feasibility of providing the water supply to Alda. JEO’s evaluation concluded that the project was feasible for extending a pipeline from Grand Island to a metering location on the east side of the Village. At that point, a new pumping station would connect to Alda’s system and supply their needs. Concurrently, the Utilities Engineering Division evaluated several different combinations of routing and pipe sizes for the project. The selected route recommended the extension of 16” main commencing at Engleman Road and running westerly within the Husker Highway right- of-way to 60th Road; then extending a 12” main southerly in 60th Road, to U. S. Highway 30. A map showing the planned routing is attached for reference. In February of this year, the Council approved the Interlocal Agreement between the City of Grand Island, the Village of Alda, and the U.S. Department of Agriculture – Rural Development, for construction of the water main. The Agreement provides for the City to construct the water line, and for the Village to pay the City a connection fee of $1,060,000 from the federal grant funds for the project. Discussion Contract specifications and plans were prepared for the project by Utility Engineering staff. Bid documents were advertised in accordance with City Procurement Codes. Fourteen construction firms received copies of the bid documents. Ten bids were received and publicly opened at 11:00 a.m. on July 1, 2009. The “as-read” bid information is tabulated below: Bidder Bid Security Exceptions Bid Price Completion Time Van Kirk Bros. Contracting Sutton, NE Fidelity & Deposit Co. None $ 795,409.95 185 days Diamond Engineering Co. Grand Island, NE Universal Surety Co. None $ 808,077.65 155 days Pat Thomas Const., Inc. Lincoln, NE International Fidelity Insurance Company None $ 853,453.33 65 days Midlands Contracting, Inc. Kearney, NE Travelers Casualty & Surety Company None $ 876,115.70 120 days Judds Bros. Const. Co. Lincoln, NE Inland Insurance Company None $ 896,128.80 150 days D.A. Davis Company, Inc. South Sioux City, NE Fidelity & Deposit Company None $ 945,959.95 125 days Starostka Group Unlimited Grand Island, NE International Fidelity Insurance Company None $1,031,854.19 205 days General Excavating Lincoln, NE Universal Surety Company As Noted $1,080,779.75 240 days Rutjens Construction, Inc. Tilden, NE Universal Surety Company None $1,112,074.68 180 days K2 Construction Lincoln, NE International Fidelity Insurance Company None $1,197,979.57 120 days The received bids have been reviewed and evaluated. Through that process, the following is noted: · The “as read” low bidder for the project, Van Kirk Brothers Contracting, had no errors in their bid and took no exceptions to the specifications. Their bid is below the total project estimate of $1,060,000.00, and meets all City contract requirements. · The bid tabulation from Pat Thomas Construction contained errors. (1) The total price for item C.1.33 – Re-grade and re-gravel roadways is $300, not $1,300 as listed; and (2) The sum for all project units is $860,522.83, not $853,453.33, as listed for their bid. This difference in price still makes them the third highest bidder. · The Contract documents require the bidder to provide a breakdown of their bid for sales tax, material costs, and service cost. This information is for use by the Grand Island Finance Department. The bid from the Starostka Group Unlimited contained an error in listing the total cost for services. The actual cost is $515,403.71, not $515,409.71 as listed on their bid form. · General Excavating took an exception to the part of the specifications relating to dewatering, listing that their bid “does not include dewatering as the bore logs indicate it will not be required.” · As part of the project’s planning process, the Division hired Geotechnical Services, Inc., to do soil analysis along the project route. Per their investigations conducted April 17, 2009, it was anticipated that groundwater would not be an issue for installing the project. However, as circumstances change, the sub-soil conditions may require the project to be dewatered in order to install the pipeline. At that point, the Contractor would be responsible for providing the means to accomplish that work. The other bids are without errors or exceptions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the contract for Water Main Project 2009-W-3, Water Main Extension – Husker Highway and 60th Road, to the lowest responsive bidder, Van Kirk Brothers Contracting, of Sutton, Nebraska, in the amount of $795,409.95. Sample Motion Move to approve award of the contract for Water Main Project 2009-W-3, Water Main Extension – Husker Highway and 60th Road, to Van Kirk Brothers Contracting, of Sutton, Nebraska, in the amount of $795,409.95. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 1, 2009 at 11:00 a.m. FOR: Water Main Project 2009-W-3 Water Main Extension; Husker Highway and 60th Road DEPARTMENT: Utilities ESTIMATE: $1,060,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: June 9, 2009 NO. POTENTIAL BIDDERS: 14 SUMMARY Bidder: Van Kirk Bros. Contracting Rutjens Construction, Inc. Sutton, NE Tilden, NE Bid Security: Fidelity & Deposit Company Universal Surety Company Exceptions: None None Bid Price: $795,409.95 $1,112,074.68 Completion: 185 days 180 days Bidder: Starostka Group Unlimited Midlands Contracting, Inc. Grand Island, NE Kearney, NE Bid Security: International Fidelity Ins. Co. Travelers Casualty & Surety Co. Exceptions: None None Bid Price: $1,031,854.19 $876,115.70 Completion: 205 days 120 days Bidder: K2 Construction General Excavating Lincoln, NE Lincoln, NE Bid Security: International Fidelity Ins. Co. Universal Surety Company Exceptions: None Noted Bid Price: $1,197,979.57 $1,080,779.75 Completion: 120 days 240 days Bidder: The Diamond Engineering Co. Pat Thomas Construction, Inc. Grand Island, NE Lincoln, NE Bid Security: Universal Surety Company International Fidelity Ins. Co. Exceptions: None None Bid Price: $808,077.65 $853,453.33 Completion: 155 days 65 days Bidder: Judds Bros. Construction Co. D. A. Davis Co., Inc. Lincoln, NE South Sioux City, NE Bid Security: Inland Insurance Company Fidelity & Deposit Co. Exceptions: None None Bid Price: $896,128.80 $945,959.95 Completion: 150 days 125 days cc: Gary Mader, Utilities Director Bob Smith, Asssist. Utilities Driector Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Tom Barnes, Utilities Eng. Mgr. P1344 Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-161 WHEREAS, the City Water Department invited sealed bids for Water Main Project 2009- W-3, Husker Hwy. and 60th Road; and WHEREAS, on July 1, 2009, bids were received, opened and reviewed; and WHEREAS, Van Kirk Brothers Contracting of Sutton, 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, in the amount of $795,409.95; and WHEREAS, the bid of Van Kirk Brothers Contracting of Sutton, Nebraska, is less than the estimate for Water Main Project 2009-W-3, Husker Hwy. and 60th Road. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Van Kirk Brothers Contracting, of Sutton, Nebraska, in the amount of $795,409.95 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2009-162 - Approving Bid Award for Liquid Ortho- Polyphosphate for Corrosion Control Tuesday, July 14, 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 Wesley Nespor, Asst. City Attorney/Purchasing Meeting: July 14, 2009 Subject: Liquid Ortho-Polyphosphate for Corrosion Control Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background The City was issued an Administrative Order by the Nebraska Health and Human Services on March 24, 1998, requiring compliance with the Lead and Copper Rule. Because City water was corrosive enough to leach copper from household plumbing and fixtures in excess of EPA limits, the order required the preparation of an Optimum Corrosion Control Treatment program (OCCT). The OCCT program includes the addition of liquid ortho-polyphosphate solution to the source water to reduce the corrosiveness of the naturally occurring source water. The addition was implemented in May 2003. Subsequent testing of the water system indicates that the goal of reducing corrosiveness, and thus copper levels, to comply with the regulatory order has been achieved. Discussion The Utilities Department solicits bids annually for the treatment solution. The current contract to provide the additive for this year is completed. Therefore, specifications for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control for another year were prepared and issued for bid. The specifications require a firm price for the product to maintain the guaranteed dose rate. Three bids were received as listed below. The bids were evaluated based upon the total cost to treat 4.5 billion gallons of water (a high estimate of annual treatment needed). Bidder Unit Price/gal Price/mil gal Annual cost Carus Phosphates, Inc. $ 6.156 $24.624 $110,808.00 Sterling Water Technologies LLC $ 6.61 $26.44 $118,980.00 Shannon Chemical Corporation $ 7.78 $31.12 $140,040.00 Department staff has reviewed the bids for compliance with the City’s detailed specifications. The products proposed by the suppliers are similar in chemical composition, as well as with another product successfully used in the past. The current dosage rate has been approved as part of the OCCT and has proven to achieve compliance with State Health Department regulations. Based on using the same dosage rates, the current supplier, Carus Phosphates, is recommended as the low evaluated bidder. 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 purchase of Liquid Ortho-Polyphosphate for Corrosion Control be awarded to Carus Phosphates, Inc. from Belmont, NC, as the low responsive bidder, for a not-to-exceed price of $24.624 per million gallons of water treated in an annual amount estimated at $110,808.00. The actual annual amount will depend on City water usage. Sample Motion Move to approve award for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control in the amount of $24.624 per million gallons of treated water be awarded to Carus Phosphates, Inc. from Belmont, NC. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 30, 2009 at 11:15 a.m. FOR: Liquid Ortho-Polyphosphate for Corrosion Control DEPARTMENT: Utilities ESTIMATE: $175,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: June 13, 2009 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Carus Phosphates, Inc. Shannon Chemical Belmont, NC Exton, PA Bid Security: International Fidelity Ins. Co. $7,002.00 Exceptions: None None Unit Bid Price: $6.156 $7.78 Unit Treatment: 24.624 31.12 Total Cost: $110,808.00 $140,040.00 Bidder: Sterling Water Technologies Croydon, PA Bid Security: Travelers Casualty & Surety Co. Exceptions: None Unit Bid Price: $6.61 Unit Treatment: 26.44 Total Cost: $118,980.00 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 Emily Muth, PGS P1345 Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-162 WHEREAS, the City Water Department invited sealed bids for Liquid Ortho- Polyphosphate for Corrosion Control; and WHEREAS, on June 30, 2009, bids were received, opened and reviewed; and WHEREAS, Carus Phosphates, Inc., of Belmont, North Carolina, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, for a not to exceed price or $24.624 per million gallons of water treated, at an annual amount estimated at $110,808.00 (the actual annual amount will depend on City water usage); and WHEREAS, the bid of Carus Phosphates, Inc., is less than the estimate for Liquid Ortho- Polyphosphate for Corrosion Control. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Carus Phosphates, Inc., of Belmont, North Carolina, for a not to exceed price of $24.624 per million gallons of water treated, in an annual amount estimated at $110,808.00, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2009-163 - Approving Contract Agreement for Easement Appraisal Services for the 115 kV Interconnection Line with NPPD at St. Libory Tuesday, July 14, 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 Wesley Nespor, Asst. City Attorney/Purchasing Meeting: July 14, 2009 Subject: Contract Agreement for Easement Appraisal Services Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background On April 21, 2009, a presentation was made during a Council Study Session summarizing a 115 kV Transmission Line Route Study for a new transmission line to be constructed northwest of the City. During the following City Council meeting on April 28, 2009, Council authorized the Utilities Department to proceed with the necessary engineering, permits and other services required to construct the new transmission line. Easements and landowners have been identified for the new line. Obtaining accurate appraisals of the identified easements is the next step in the process. Additionally, the Water Department Budget includes funding for the construction of a trunk line to close a loop section on the west edge of the City Water Distribution System; on Engleman Road, from Old Potash Highway to 13th Street. The project involves three temporary construction easement appraisals and one permanent easement appraisal for that water main extension on the west side of Grand Island. These appraisals were also included in the scope of this Request for Proposals. Discussion The Request for Proposals was issued in June, 2009, with a requested completion date of August 31, 2009. An advertisement was published in the Grand Island Independent and sent to all of the local appraisers. Three specification packages were sent to Nebraska appraisers with known experience in utility easement appraisals. Only one proposal was received; that, from Johnson Appraisal, LLC, in Lincoln, Nebraska. Johnson Appraisal, LLC has extensive experience and references, including the City of Grand Island. Johnson Appraisal, LLC submitted a proposal with a “Not to Exceed” amount of $13,800 for the 115 kV transmission line and $3,000 for the water main extension. A copy of the proposed Contract Agreement is attached. 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 enter into a contract with Johnson Appraisal, LLC for easement appraisal services, in accordance with the July, 2009 proposal. Sample Motion Move to approve the Contract Agreement for Appraisal Services with Johnson Appraisal, LLC, of Lincoln, Nebraska. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR EASEMENT APPRAISAL SERVICES RFP DUE DATE: July 6, 2009 at 11:00 a.m. DEPARTMENT: Utilities PUBLICATION DATE: June 16, 2009 NO. POTENTIAL BIDDERS: 3 SUMMARY OF PROPOSALS RECEIVED Johnson Appraisal LLC Lincoln, NE cc: Gary Mader, Utilities Director Pat Gericke, Utilities Admin. Assist. Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Travis Burdett, Phelps Control Eng. P1349 7 CONTRACT AGREEMENT THIS AGREEMENT made and entered into by and between ___________________________________ hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for proposals to be published, for EASEMENT APPRAISAL SERVICES; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible proponent, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's proposal, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his, or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's proposal; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of _______________________________________________________ Dollars $ __________________________________________________ for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of EASEMENT APPRAISAL SERVICES. ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required bonds and insurance are approved, and that the Contractor shall complete the work on or before August 31st, 2009. It is understood and agreed that time is the essence of the contract. 8 CONTRACT AGREEMENT (Continued) ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement. Contractor _____________________________ By _____________________________________ Date _______________________ Title __________________________________ CITY OF GRAND ISLAND, NEBRASKA, By ____________________________________ Date _______________________ Mayor Attest: ________________________________ City Clerk The contract, insurance, and any required bonds are in due form according to law and are hereby approved. ________________________________________ Date ________________________ Attorney for the City Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-163 WHEREAS, at the April 28, 2009 Council meeting, the Utilities Department was authorized to proceed with the necessary engineering, permits and other services required to construct a new 115 kV transmission line northwest of the City; and WHEREAS, easements and landowners have been identified for the new line; and WHEREAS; the Utility Department Budget also includes funding for the construction of a water trunk line to close a loop section on the west edge of the City Water Distribution System on Engleman Road, from Old Potash Highway to 13th Street; and WHEREAS; the project involves three temporary construction easement appraisals and one permanent easement appraisal for that water extension on the west side of Grand Island; and WHEREAS; appraisal services for both the water line and the transmission line were included in the scope of this Request for Proposals; and WHEREAS; only one proposal was received from Johnson Appraisal, LLC from Lincoln Nebraska in the amount not to exceed $13,800 for the 115 kV transmission line and $3,000 for the water main extension. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the Mayor is hereby authorized to, on behalf of the City, to execute the Agreement between the City of Grand Island and Johnson Appraisal, LLC, for appraisal services. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2009-164 - Approving Public Right-of-Way Access Agreement with EPA (Parkview Superfund) Tuesday, July 14, 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 Wesley Nespor, Asst. City Attorney/Purchasing Meeting: July 14, 2009 Subject: Public Right-of-Way Agreement with Environmental Protection Agency - Parkview Superfund Item #’s: G-11 Presente r(s): Gary R. Mader, Utilities Director Background The Environmental Protection Agency (EPA) is nearing completion of the design and awarding of contracts to install the wells, buildings and pipelines necessary for the remediation of the groundwater contamination in the Parkview area of the City of Grand Island. The installation of the necessary infrastructure to operate the remediation system will require the use of the public rights-of-way in the area for collector pipeline construction and the installation of monitoring and extraction wells. The remediation system is also designed to use the old Parkview III well site for the installation of a treatment plant which will remove the volatile organic compounds from the contaminated groundwater extracted from the area. Discussion The EPA requests that the City execute an access agreement to permit the use of City owned and controlled properties required for use for this project. Staff members from the City’s Legal, Public Works and Utilities Departments have worked with EPA in the development of the requested access agreement. A copy of the proposed agreement is attached. 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 Council approve the Access Agreement with EPA to allow use of the public right-of-way and City owned property to allow installation of the remediation system in the Parkview Subdivision area. Sample Motion Move to approve the Access Agreement with the Environmental Protection Agency to allow installation of the groundwater remediation system. N 281 2 44’-8"59’-8"8’-0" (TYP) 75’-8" 5’-0" 49’-8" (TYP) 12’-0" 10’-0" 281 2 30 34 N EXTRACTION WELL HOUSE LOCATIONS 6" PIPE A-8 O’2’4’6’1/2" = 1’-0"1’3’5’GRAPHIC SCALE 10’-0" NOTES: SCALE: 1/2 "=1’-0" FLOOR PLAN (TYP OF 4) 4’-10"5’-2" LOUVER ROOF HATCH 7’-0" x 3’-0" DOOR W/ 2" WIDE FRAME DOWNSPOUT DOWNSPOUT DOWNSPOUT 1. 2. 3. 4. 5. ROOF HATCH ABOVE (CENTER OVER WELL) PRV ABOVE PRV LOUVER PRV ROOF HATCH ROOF HATCH PRV PRV ROOF HATCH 8"2’-0" 3’-2" 1’-8" FOR DRAWING INDEX, SEE SHEET G-1. VERIFY LOCATION OF FRAMED DUCT OPENINGS BASED ON ACTUAL STRIPPER EQUIPMENT TO BE INSTALLED. WELL HOUSE BUILDINGS TO BE PREMANUFACTURED UNITS TO ARRIVE ON SITE AND ATTACHED TO NEW SLABS. ALL WALL PANELS TO BE FABRICATED WITH 14 GAUGE INTERIOR PANELS AND FINISHED WITH ACRYLIC EPOXY PAINT OVER A RUST INHIBITIVE EPOXY PRIMER. PROVIDE WALL AND ROOF INSULATION ACCORDING TO SPECIFICATIONS AND MECHANICAL DRAWINGS. (4) WELL HOUSES REQUIRED. SEE CIVIL SHEETS FOR LOCATIONS AND ORIENTATIONS OF WELL HOUSES. SEE MECH DWGS FOR SIZES & LOCATIONS OF PRV AND LOUVER SHOWN. TYPICAL FOUNDATION & 14 GA GALV STL OUTER PANEL 2" RIGID FIBERGLASS INSULATION 18 GA GALV STL INNER PANEL 4x2 GALV STL TUBE BASE SEALANT ANCHORAGE ANGLES, SIZE & SPACING PER MFG. CONC SLAB #4 @ 18" EACH WAY #4 @ 12" EACH WAY VAPOR BARRIER CAPILLARY WATER BARRIER BASE DETAIL SCALE: 3"=1’-0" 1 --ELEVATION SCALE: 1/2 "=1’-0" C -- ELEVATION SCALE: 1/2 "=1’-0" B -- ELEVATION SCALE: 1/2 "=1’-0" D -- ELEVATION SCALE: 1/2 "=1’-0" A -- B -- D -- C -- A -- 8" 1 Revision: Sheet Number: 110 WELL HOUSE DATE OF ISSUE 03/17/09 PARKVIEW WELL SUPERFUND SITE OPERABLE UNIT 1 REVISED ISSUED FOR CONSTRUCTION storm 30" RCP MH MH storm MH PP MH PP MH Revision: Sheet Number: C-2 0 1"=200’ 400’200’200’100’ N 2 DATE OF ISSUE 03/17/09 PARKVIEW WELL SUPERFUND SITE OPERABLE UNIT 1 REVISED ISSUED FOR CONSTRUCTION 0 1"=20’ 40’20’20’10’ C-4 N 18’5’ C-18C-4 A R 10’ COORDINATES NORTHING EASTING POINT S-3 S-4 S-5 PI-1 PI-2 PI-3 391144.88 2092448.05 391183.00 2092497.63 391231.75 2092497.63 391221.32 2092507.63 391187.00 2092507.63 391192.00 2092606.86 GW-1 GW-2 391218.46 2092374.63 391221.46 2092373.09 391223.46 2092389.40 391204.00 2092624.23 391216.32 2092607.92 DESCRIPTION B-1 B-2 S-1 S-2 PI-4 PI-5 SD-1 391226.13 2092405.63 391166.13 2092450.63 391231.75 2092450.63 391154.11 2092438.64 COORDINATE TABLE BLDG. CORNER BLDG. CORNER SIDEWALK CORNER TRANSFORMER PAD TRANSFORMER PAD PAVEMENT CORNER PAVEMENT CORNER RADIUS POINT RADIUS POINT RADIUS POINT C OF ACCESS ROADL 90^ BEND STORM SEWER 90^ 12-DISCHARGE GW PIPE RADIUS POINT TEE CONNECTION GW PIPE W-1 GW-1 GW-2 SD-1 B-2 S-2 S-3 PI-2 S-4 PI-3 PI-1 PI-4 PI-5 S-5S-1 B-1 3" PVC NEW ASPHALT PAVEMENT SEE DETAIL SHEET C-18 CO 1 1 Revision: Sheet Number: DATE OF ISSUE 03/17/09 PARKVIEW WELL SUPERFUND SITE OPERABLE UNIT 1 REVISED ISSUED FOR CONSTRUCTION C-16 COORDINATES NORTHING EASTING 10 10 POINT BRASS NUT NOTES SHOP FABRICATED STEEL CAP LOCK (BY OWNER) 1/4" 0 WEEP HOLE SLOPED AWAY FROM WELL CONCRETE WELL CASING TROWEL FINISHED SURFACE GROUT LEVEL CONDUCTORS PUMP POWER FLUSH THREADED END PLUG BENTONITE CHIP SEAL SUBMERSIBLE CENTRIFUGAL PUMP 120^ 60^ SOUNDING PIPE 1 1/2" NPT THREADED HOLE FOR PUMP POWER CABLE CORD GRIP 3/4" NPT THREADED HOLE FOR LEVEL CONTROL CORD GRIP MACHINED HOLE 3/16" LARGER THAN O.D. OF PUMP DISCHARGE PIPE WELL CAP 3/4" CAP PIPE SLEEVE PVC FLANGE 3/8" STEEL PLATE WITH ANSI CLASS FLUSH THREADED RISER 150 BOLT PATTERN SEE NOTE 7 SCH. 40 PVC 80^ 1" NPT THREADED HOLE FOR AIR RELIEF VENT 1" WELL VENT HIGH SOLIDS BENTONITE GROUT 3/4 " DEPTH SOUNDING PIPE; SCHEDULE 40 PVC PVC CAP CEMENT-BENTONITE GROUT (95% CEMENT, 5% BENTONITE) SCALE: NTS 2 SCALE: NTS 3 SCALE: NTS COARSE GRADE SAND MINIMUM OF 6" STAINLESS STEEL LOCKLEVER BRASS BOLT TROWEL FINISHED SURFACE SLOPED AWAY FROM WELL 1 SCALE: NTS WELL CAP DETAIL SCALE: NTS MONITORING WELL 4 SCALE: NTS MONITORING WELL PLUG NOTE: USE MORRISSON 678xA SCREW- TYPE CAP WITH EXPANDABLE RUBBER GASKET, OR EQUIVALENT. EXISTING GROUND SURFACE CEMENT-BENTONITE GROUT 2" FLUSH-THREADED SCHEDULE 40 PVC CASING MINIMUM 6" DIAMETER BORING BENTONITE PELLET OR CHIP SEAL EXISTING GROUND SURFACE, SEE NOTE 5 EXISTING GROUND SURFACE, SEE NOTE 5 CONCRETE (MINIMUM 2’ X2’) 8" SCH 40 STEEL CASING, SEE NOTES 2, 3, & 4 WELL PLUG, SEE DETAIL #4SEE DETAILS #2 & 3 FOR PROTECTIVE ENCLOSURE DETAILS 1’-0" 12 1 2. 3. 4. CONCRETE SHALL NOT BE PRESENT ON EXPOSED PORTION OF STEEL CASING AFTER INSTALLATION. ALL RUST SHALL BE REMOVED FROM THE EXPOSED PORTION OF THE STEEL CASING AND CAP PRIOR TO PAINTING. THE EXPOSED PORTION OF THE STEEL CASING AND CAP SHALL BE PRIMED AND PAINTED WITH TWO COATS OF RUST INHIBITING SAFETY YELLOW PAINT. GAPS BETWEEN FINISHED CONCRETE AND SURROUNDING SURFACE SHALL BE BACKFILLED WITH MATERIAL SIMILAR TO SURROUNDING SURFACE (I.E., SOIL, ASPHALT, CONCRETE). 5. CENTRALIZERS SHALL BE INSTALLED EVERY 20 FEET. GALVANIZED STEEL DISCHARGE PIPE IN 18 FOOT THREADED SECTIONS. PIPE SIZE TO MATCH GROUNDWATER PUMP OUTLET SIZE. FLUSH THREADED, SCHEDULE 40, SLOTTED PVC WELL SCREEN (0.020" SLOT) PUMP SHROUD CONCRETE 1. 7. 6. 1 C-16C-16 FOR DRAWING INDEX SEE SHEET G-1. FOR LEGEND, ABBREVIATIONS AND GENERAL NOTES SEE SHEET C-1. 1" PVC DEPTH FLOOR MONITORING WELL FLUSH-MOUNTED ENCLOSURE MONITORING WELL ABOVEGROUND ENCLOSURE GROUNDWATER EXTRACTION WELL SUBMERSIBLE LEVEL TRANSDUCER WASHED SILICA SAND FILTER PACK 2" WELL CASING NEW 10"OR12" SCH 40 PVC FLUSH THREADED CASING PIPE. (SEE NOTE 8) 16" OR 18"0 HOLE (MIN) -- SEE NOTE 8 6" COARSE SAND LAYER BENTONITE GROUT NO. 12/20 WASHED SILICA SAND FILTER PACK 2" FLUSH-THREADED SCHEDULE 40 PVC SCREEN 0.01" SLOTS BENTONITE GROUT BENTONITE GROUT SCREW TYPE LOCKING COVER (HS-25 LOAD RATING) EX-20 C-16 C-16 C-16 C-16 C-16 C-16 LOCATE SUBMERSIBLE PRESSURE TRANSDUCER 1’0" ABOVE PUMP DISCHARGE. SECURE TRANSDUCER CABLE AND PUMP CABLE AT EVERY PIPE JOINT. USE CLIPS PROVIDE BY TRANSDUCER MANUFACTURER TO SECURE TRANSDUCERS. 8.EXTRACTION WELL EX-10 SHALL BE 12-INCH CASING IN 18-INCH DIAMETER BORING. EX-20, EX-30, AND EX-40 SHALL BE 10-INCH CASING IN 16-INCH DIAMETER BORING. EX-10 EX-30 EX-40 18 IN. 16 IN. 16 IN. 16 IN. 8 IN. 8 IN. 8 IN. 8 IN. 8 IN. 8 IN. 8 IN. 8 IN. 8 IN. 12 10 2 2 2 2 2 2 2 2 2 CASING DIA (IN) BORING DIA (IN) SLOT SIZE (IN) 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.062 0.062 0.062 0.062 SCREEN LENGTH 60 60 60 60 70 70 70 70 70 70 70 70 70 COVER TYPE NA NA NA NA FLUSH FLUSH FLUSH ABOVE ABOVE ABOVE ABOVE ABOVE ABOVE ** ** ** ** 393055.30 2095147.00 392258.23 2094620.22 392659.87 2094407.97 391752.76 2091354.24 391089.08 2091350.08 390872.76 2091354.24 391387.43 2093577.92 391223.64 2092403.93 389472.32 2091356.01 389835.09 2091349.91 390170.99 2091353.80 392325.88 2094894.49 PIPE CENTRALIZER, (TYP) SEE NOTE 6 WELL TABLE 8 IN. 8 IN. 8 IN.2 2 2 0.01 0.01 0.01 15 15 15 FLUSH FLUSH FLUSH NTS FINISH GRADE / TOC CONCRETE 3,000 PSI 3" %%c SCHEDULE 40 STEEL PIPE (FILL WITH CONCRETE) SEE NOTE 2 1’ PROTECTIVE POST DETAIL C-16 C-16 OU1-MW5 OU1-MW6 OU1-MW7 OU1-MW8 OU1-MW9 OU1-MW10 OU1-MW11 OU1-MW12 OU1-MW1 OU1-MW2 OU1-MW3 OU1-OB3 OU1-MW4 8 IN.2 0.01 70 ABOVE 390522.84 2091349.94 1 * SEE SHEETS C-6, C-11 AND C-12 FOR WELL HOUSE COORDINATES. ** OU1-MW-1, OU1-MW-2, OU1-MW-3 AND OU1-OB3 ARE EXISTING MONITORING WELLS AND THE COORDINATES ARE APPROXIMATE. MONITORING WELL LOCATIONS ARE SHOWN ON SHEET C-19. FINAL LOCATIONS FOR WELLS SHALL BE APPROVED BY EPA CONTRACTING OFFICER. 2 Revision: Sheet Number: DATE OF ISSUE 03/17/09 PARKVIEW WELL SUPERFUND SITE OPERABLE UNIT 1 REVISED ISSUED FOR CONSTRUCTION Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-164 WHEREAS, the Environmental Protection Agency (EPA) is nearing completion of the design and awarding of contracts to install the wells, buildings and pipelines necessary for the remediation of the groundwater contamination in the Parkview area of the City; and WHEREAS, the installation of the necessary infrastructure to operate the remediation system will require the use of the public rights-of-way in the area for collector pipeline construction and the installation of monitoring and extraction wells; and WHEREAS; the EPA requests that the City execute an access agreement to permit the use of City owned and controlled properties required for use for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the Mayor is hereby authorized to, on behalf of the City, to execute the Agreement between the City of Grand Island and the Environmental Protection Agency for consent to access for EPA Environmental Response Action. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2009-165 - Approving Contract Termination - Platte Generating Station Mercury Control System Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader;Wes Nespor City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: July 14, 2009 Subject: Contract Termination - PGS Mercury Control System Item #’s: G-12 Presenter(s): Gary R. Mader, Utilities Director Background The federally issued Clean Air Mercury Rule (CAMR) capped mercury emissions of all of the nation’s power plants by mandating states to implement plans to meet a specified national budget limit of emissions. The City was required by this rule to reduce the annual mercury emissions from the Platte Generating Station in 2010 and make further reductions in 2018, by either installing mercury emission control equipment or purchasing mercury emission allowances. In September 2006, the City authorized Black & Veatch to perform engineering and consulting services regarding this mercury rule. Black & Veatch recommended the addition of mercury control equipment to Platte Generating Station. The Council awarded the bid for the purchase of the required mercury control equipment at the January 22, 2008 Council meeting to SPE-Amerex from Batavia, IL, for $6,262,839.00. Two months later, in March, 2008, the Federal District of Columbia Circuit Court of Appeals vacated the CAMR. As a result, EPA’s previously promulgated regulatory action was voided, and EPA was tasked with developing new regulation. Because of the court’s action, the contract for purchase of the previously required mercury control equipment was placed on hold. Discussion At the time of the court’s ruling, it was anticipated that EPA would rapidly revisit their rule making process and develop a revised CAMR in accordance with the court’s directions. The Mercury Control System contract was placed on hold. Expedient revision of the CAMR has not occurred. As yet, no replacement regulation has been developed, and there are no indications that the EPA is focused on working on a revised regulation. It is expected that a revised regulation will not be promulgated for several years. Because of changes in the power plant equipment markets and the economy in general over the last year, it would be very difficult to establish an equitable, adjusted contract price to resume the project at this time. And as time passes, that contract price setting becomes increasingly difficult. Rebidding the project would be the preferred method of equipment acquisition after the lapse of significant time from the original award. Therefore, Utilities Department staff, representatives from Black & Veatch and representatives from SPE Amerex have met to discuss methods to cancel the project, and mutually agreed that cancellation is an appropriate course of action. The original contract includes specific provisions for mutually agreed contract cancellation. Total expenditures completed to the point of project suspension on this contract were $437,559.36. The Utilities Department and SPE-Amerex recommend terminating the Platte Generation Station Mercury Control System contract pursuant to Article 00512.18 of the original contract. The full contract is a 487 page document and is available in the office of the City Clerk or the Utilities Department. 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 authorize termination the contract for the PGS Mercury Control System with SPE-Amerex of Batavia, IL, with no further liability with respect to claims for reimbursement from SPE-Amerex. Sample Motion Move to authorize termination of the contract with SPE-Amerex for the PGS Mercury Control System. Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-165 WHEREAS, in 2008, the federally issued Clean Air Mercury Rule (CAMR) capped mercury emissions of all of the nation’s power plants by mandating states to implement plans to meet a specified national budget limit of emissions; and WHEREAS, the City was required by this rule to reduce the annual mercury emissions from the Platte Generating Station in 2010 and make further reductions in 2018; and WHEREAS; the City authorized Black & Veatch to perform engineering and consulting services regarding this mercury rule, and it was their recommendation to add mercury control equipment to Platte Generating Station; and WHEREAS, the City of Grand Island, Utilities Department awarded the bid for the purchase of the required mercury control equipment at the January 22, 2008 Council meeting to SPE-Amerex of Batavia, Illinois for $6,262,839.00; and WHEREAS, two months later, in March, 2008, the Federal District of Columbia Circuit Court of Appeals vacated the CAMR, voiding the previously promulgated regulatory action; and the contract for purchase of the previously required mercury control equipment was placed on hold; and WHEREAS, no replacement regulation has been developed, and there are no indications that the EPA is focused on working on a revised regulation and; WHEREAS, Utilities Department staff, representatives from Black & Veatch and representatives from SPE Amerex met to discuss methods to cancel the project, and mutually agreed that cancellation is an appropriate course of action pursuant to Article 00512.18 of the original contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the Mayor is hereby authorized to, on behalf of the City, to terminate the contract with SPE-Amerex of Batavia, Illinois, for the PGS Mercury Control System with no further liability with respect to claims for reimbursement from SPE-Amerex. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2009-166 - Approving Bid Award for One (1) Submersible Pump for the Wastewater Division of the Public Works Department Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: July 14, 2009 Subject: Approving Bid Award for One (1) Submersible Pump for the Wastewater Division of the Public Works Department Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background On May 28, 2009 the Wastewater Division of the Public Works Department advertised for bids for one (1) submersible pump to help control the excess groundwater in lift stations. Discussion Two (2) bids were received and opened on June 11, 2009. The Wastewater Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Electric Pump of Des Moines, IA None $30,630.00 HTM Sales, Inc of Omaha, NE Noted $22,308.00 The Wastewater Division is recommending the bid be awarded to Electric Pump of Des Moines, Iowa, as HTM Sales, Inc. of Omaha, Nebraska did not meet the specifications on impeller and volute wear ring material. Due to the high amounts of grit received at the Wastewater Treatment Plant a high chrome impeller and volute wear ring were specified. HTM Sales bid a stainless steel option, which is not as hard of a material as high chrome steel and would not last as long. The pump mounting configuration did not meet the specifications, as it has a gasket discharge flange which was not sought in the specifications. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to Electric Pump of Des Moines, Iowa in the amount of $30,630.00. 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: June 11, 2009 at 11:00 a.m. FOR: One (1) Submersible Pump for Waste Water Treatment Plant DEPARTMENT: Public Works ESTIMATE: $35,000.00 FUND/ACCOUNT: 53030054-85615 PUBLICATION DATE: May 28, 2009 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: HTM Sales, Inc. Electric Pump Omaha, NE Des Moines, IA Exceptions: Noted None Bid Price: (1) Submersible Sewage Pump $22,308.00 $30,630.00 (1) Add Alternate Control Panel $ 6,129.00 $10,055.00 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator John Rundle, Maintenance Supervisor P1341 Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-166 WHEREAS, the City Of Grand Island invited sealed bids for one (1) submersible pump for the Wastewater Division of the Public Works Department, according to plans and specifications on file with the Public Works Department; and WHEREAS, on June 11, 2009 bids were received, opened and reviewed; and WHEREAS, Electric Pump of Des Moines, Iowa 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 $30,630.00; and WHEREAS, Electric Pump’s bid is less than the estimate for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Electric Pump of Des Moines, Iowa in the amount of $30,630.00 for one (1) submersible pump is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2009-167 - Approving Authorization for Emergency Sanitary Sewer Repairs North of Stolley Park Road, Between Arthur Street and Stolley Park Circle Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: July 14, 2009 Subject: Approving Authorization for Emergency Sanitary Sewer Repairs North of Stolley Park Road, Between Arthur Street and Stolley Park Circle Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background Emergency sanitary sewer repairs are needed for a collapsing sanitary sewer line north of Stolley Park Road, between Arthur Street and Stolley Park Circle. Discussion The Diamond Engineering Company of Grand Island, Nebraska was hired at a maximum amount of $19,500.00 to effect the necessary repairs. Contact was made with two other contractors, O’Hara Plumbing Company and Starostka Group, both of Grand Island, Nebraska, and neither was available to do the job. In performing the work it was discovered that dewatering needed to be done, which has an additional cost of $1,750.00, moving the repair cost to a total of $21,250.00. Since the total is over $20,000.00 council approval is necessary. The Diamond Engineering Company will be paid based on actual time and materials incorporated into the repair work, with a maximum of $21,250.00. We are requesting permission to use the emergency procurement procedures as outlined in Section 27-13 of the City Code. 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 Public Works Administration recommends that the Council approve usage of the City’s Emergency Procurement Procedures and pass a resolution authorizing The Diamond Engineering Company of Grand Island, Nebraska to perform the necessary sanitary sewer main repairs, including necessary dewatering. Sample Motion Move to approve the usage of the City’s Emergency Procurement Procedures and authorize The Diamond Engineering Company of Grand Island, Nebraska to perfo rm the repairs. Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-167 WHEREAS, the Wastewater Division of the Public Works Department needed to perform an emergency sanitary sewer repair with dewatering north of Stolley Park Road between Arthur Street and Stolley Park Circle; and WHEREAS, the estimated cost is $21,250.00 (based on time and materials); and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska has been requisitioned to do said repairs; and WHERAS, two other contractors were contacted for quotes and they were unavailable to perform the work in a timely manner. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sanitary sewer repair north of Stolley Park Road between Arthur Street and Stolley Park Circle by The Diamond Engineering Company of Grand Island, Nebraska, at a maximum cost of $21,250.00 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2009-168 - Approving State Bid Award for (1) 2010 1/2 Ton Ford F150 SC XLT 4x4 Pickup for the Engineering Division of the Public Works Department Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: July 14, 2009 Subject: Approving State Bid Award for (1) 2010 1/2 Ton Ford F150 SC XLT 4x4 Pickup for the Engineering Division of the Public Works Department Item #’s: G-15 Presenter(s): Steven P. Riehle, Public Works Director Background The Engineering Division of the Public Works Department budgeted for a pickup to be used in field operations for sanitary sewer construction inspection and surveying for the division. The approved FY 2009 budget included $29,000.00 in funds for the purchase. During budget discussions with Administration, the dollar amount was lowered to $24,000.00. Discussion The proposed vehicle was scaled back to stay under budget. The vehicle specifications awarded under State of Nebraska Contract # 12311 OC meet all of the requirements for the Engineering Division vehicle. Anderson Ford Lincoln Mercury of Lincoln, Nebraska submitted a bid with no exceptions in the amount of $22,731.00. There are sufficient funds for this purchase in Account No. 10033001-85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the State Bid Award to Anderson Ford Lincoln Mercury in the amount of $22,731.00 for the 2010 Model Ford F150 SC XLT 4x4 pickup for the Engineering Division of the Public Works Department. Sample Motion Move to approve the State Bid Award to Anderson Ford Lincoln Mercury in the amount of $22,731.00 for the 2010 Model Ford F150 SC XLT 4x4 pickup for the Engineering Division of the Public Works Department. Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-168 WHEREAS, the Engineering Division of the Public Works Department for the City of Grand Island, budgeted for a vehicle in the 2008/2009 fiscal year; and WHEREAS, said vehicle, a 2010 Model Ford F150 SC XLT 4x4, can be obtained from the State Contract holder; and WHEREAS, purchasing the vehicle from the State Contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicle is provided in the 2008/2009 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2010 Model Ford F150 SC XLT 4x4 in the amount of $22,731.00 from the State Contract holder, Anderson Ford Lincoln Mercury of Lincoln, Nebraska, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2009-169 - Approving Acquisition of Public Utility Easement in Lot 1 of Meadowlark West Sixth Subdivision at 1204 North Webb Road (Village Development - Grand Island, LLC.) This item relates to the aforementioned Public Hearing Item E-7. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-169 WHEREAS, a public utility easement is required by the City of Grand Island, from Village Development – Grand Island, LLC., to install, upgrade, maintain and repair public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on July 14, 2009, for the purpose of discussing the proposed acquisition of an easement located in Lot One (1), Meadowlark West 6th Subdivision, in the City of Grand Island, Hall County, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Village Development – Grand Island, LLC., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2009-170 - Approving Bid Award for One (1) Positive Displacement Trailer Mounted Sewer Vacuum for the Wastewater Division of the Public Works Department Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Work Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: July 14, 2009 Subject: Approving Bid Award for One (1) Positive Displacement Trailer Mounted Sewer Vacuum for the Wastewater Division of the Public Works Department Item #’s: G-17 Presenter(s): Steven P. Riehle, Public Works Director Background On June 24, 2009 the Wastewater Division of the Public Works Department advertised for bids for one (1) Positive Displacement Trailer Mounted Sewer Vacuum. The sewer vacuum is used to clean sanitary sewer lines within the City. Discussion Two (2) bids were received and opened on July 2, 2009. The Wastewater Division of the Public Works Department and the Purchasing Division of the City's Attorney's Office have reveiewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Elliott Sanitation Co. of Lincoln, Nebraska None $103,960.00 Municipal Pipe Tool Co. LLC of Hudson, Iowa None $108,292.00 The bids were higher than the estimate of $100,000.00, but are considered fair, reasonable and competitive. Sufficient Funds are available in Account No. 53030054.85615 and 53030054.85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to Elliott Sanitation Co. of Lincoln, Nebraska in the amount of $103,960.00. 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: July 2, 2009 at 11:15 a.m. FOR: (1) Positive Displacement Trailer Mounted Sewer Vacuum DEPARTMENT: Public Works ESTIMATE: $100,000.00 FUND/ACCOUNT: 53030054-85615 PUBLICATION DATE: June 24, 2009 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Municipal Pipe Tool Co. LLC Elliott Sanitation Co. Hudson, IA Lincoln, NE Exceptions: None None Bid Price: $108,292.00 $103,960.00 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Fred Tustin, WWTP P1347 Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-170 WHEREAS, the City of Grand Island invited sealed bids for one (1) Positive Displacement Trailer Mounted Sewer Vacuum for the Wastewater Division of the Public Works Department, according to plans and specifications on file with the Public Works Department; and WHEREAS, on July 2, 2009 bids were received, opened and reviewed; and WHEREAS, Elliott Sanitation Co. 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 $103,960.00; and WHEREAS, Elliott Sanitation Co.’s bid is fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Elliott Sanitation Co. of Lincoln, Nebraska in the amount of $103,960.00 for one (1) Positive Displacement Trailer Mounted Sewer Vacuum is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2009-171 - Approving Bid Award for Grand Generation Center Kitchen Addition and Renovation Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Paul Briseno City of Grand Island City Council Council Agenda Memo From: Paul M. Briseno, Assistant to the City Administrator Meeting: July 14, 2009 Subject: Bid Award to Chief Construction Company for the Grand Generation Center Kitchen Addition & Renovation Item #’s: G-18 Presenter(s): Paul M. Briseno, Assistant to the City Administrator Background On July 22, 2008 City Council gave budget authority for the Grand Generation Center Kitchen Remodel and Expansion Project. The proposed area will be utilized for meals on wheels and in-house lunch program. The expansion will allow for walk in cooler and freezer, storage, preparation area, safer loading and increased efficiency of the food processing area. City staff estimated $140,000 for the construction/remodel and kitchen equipment. The estimate was obtained from architect and engineering documents. October 21, 2008 Tri Valley Builders submitted the only Bid at $234,000. The bid was rejected as it exceeded budget authority. The Grand Generation Center Board requested a re-bid in 2009. A re-bid would provide the Grand Generation Center time to raise donations as well as allow for decreased construction cost from a more competitive construction market. Discussion On June 16, 2009 three bids were received for the Grand Generation Center Kitchen Addition and Renovation Project. The bid was written so the City could accept the lowest base bid or total bid. All base bids came in over the estimated construction budget of $140,000. Chief Construction Company provided the lowest base bid at $195,100. Staff is recommending the bid awarded to Chief Construction for $195,100. If approved the City of Grand Island will provide $140,000 and the Grand Generation Center will provide the remainder of the funding. City staff will oversee and administer the project management with guidance of the Grand Generation Center Board. 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 Council approve the bid award to Chief Construction. Sample Motion Move to approve the Grand Generation Center Kitchen Renovation and Remodel project to Chief Construction. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 16, 2009 at 11:00 a.m. FOR: Grand Generation Center Kitchen Addition & Renovation DEPARTMENT: Administration ESTIMATE: $140,000.00 FUND/ACCOUNT: 40015025-90003 PUBLICATION DATE: May 18, 2009 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Baker Development Chief Construction Company Grand Island, NE Grand Island, NE Bid Security: Union Insurance Company Fidelity & Deposit Company Exceptions: None None Bid Price: Base Bid: $198,472.00 $195,100.00 Alternate No. 1: 86,346.00 104,000.00 Total Bid: $284,818.00 $299,100.00 Bidder: Tri Valley Builders, Inc. Grand Island, NE Bid Security: Universal Surety Company Exceptions: None Bid Price: Base Bid: $232,000.00 Alternate No. 1: 97,000.00 Total Bid: $329,000.00 cc: Paul Briseno, Assist. to Admin. Jeff Pederson, City Administrator Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent P1340 Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-171 WHEREAS, the City of Grand Island invited sealed bids for the Grand Generation Center Kitchen Addition and Renovation, according to plans and specifications on file with the Administration Department; and WHEREAS, on June 16, 2009, bids were received, opened and reviewed; and WHEREAS, Chief Construction Company of Grand Island, 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 $195,100; and WHEREAS, the bid of $195,100 is more than the estimate for the Grand Generation Center Kitchen Addition and Renovation; and WHEREAS, the City of Grand Island will provide $140,000 for the Kitchen Addition and Renovation; and WHEREAS, the Grand Generation Center will provide the remaining construction cost for the Kitchen Addition and Renovation; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Chief Construction Company of Grand Island, Nebraska in the amount of $195,100 for Grand Generation Center Kitchen Addition and Renovation is hereby approved as the lowest responsible bid and the Mayor will sign the contract upon donation of the remaining funds by the Grand Generation Center. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2009-172 - Approving Amendment to Library Personnel FTE Budget Allocation Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Library Director Meeting: July 14, 2009 Subject: Approving Amendment to Library Personnel FTE Budget Allocation Item #’s: G-19 Presenter(s): Steve Fosselman, Library Director Background Upon the resignation of an employee in the Library Assistant II classification this spring, the Grand Island Public Library has undertaken a review of the best means to fill this opening. The library has concluded that due to internal operational changes underway to he lp handle significant increases in general use of the library, filling this full-time opening with lower-pay-level part-time employees will be more cost-effective and better suits our service needs at this time. This change doesn’t increase the library’s total FTE’s, but involves slight changes to classification allocations within the library’s FTE budget. Since the city Human Resources Department derives its authority in advertising positions from the City Council-approved budget which includes specific allocations for library personnel classifications, an amendment to the Library Personnel FTE Budget Allocation is necessary. Discussion Rather than hire 1.0 FTE Library Assistant II employee, the Library would be hiring .60 FTE Library Assistant I (24 hours/week) and .40 FTE Library Page (16 hours/week). This changes the Library Personnel FTE Budget Allocation as follows: Personnel Classification Budgeted Revised Net Change Library Assistant I & II 14.7595 FTE 14.3595 FTE - .40 FTE Library Page 2.2135 FTE 2.6135 FTE + .40 FTE 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 this amendment to the Library Personnel FTE Budget Allocation. Sample Motion Move to approve this amendment to the Library Personnel FTE Budget Allocation. Approved as to Form ¤ ___________ July 13, 2009 ¤ City Attorney R E S O L U T I O N 2009-172 WHEREAS, the Grand Island Public Library has undertaken a review of the best means to fill a current employment opening and has concluded that due to internal operational changes underway to help handle significant increases in general use of the library, filling this full-time opening with lower-pay-level part-time employees will be more cost-effective and better suits its service needs at this time; and WHEREAS, this change doesn’t increase the library’s total FTE’s, but involves changes to classification allocations within the library’s FTE budget; and WHEREAS. the city Human Resources Department derives its authority in advertising positions from the City Council-approved budget which includes specific allocations for library personnel classifications; and WHEREAS, an amendment to the Library Personnel FTE Budget Allocation is necessary to allow for a net reduction of .40 FTE in the Library Assistant I and II classifications and a net increase of .40 FTE in the Library Page classification. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Council approve this amendment to the Library Personnel FTE Budget Allocation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2009-173 - Consideration of Changes to Future Land Use Map of GI Comp. Plan to Shift Boundaries of Property Planned for GC General Commercial & Properties Planned for LM Low to Medium Density Residential in an Area East of So. Locust & So. of Wood River This item relates to the aforementioned Public Hearing Item E-3, E-4, and F-2. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-173 WHEREAS, the Mayor and City Council of the City of Grand Island are committed to the orderly plan necessary to accommodate future growth and transportation needs; and WHEREAS, on July 13, 2004, by Resolution 2004-154-215, the City of Grand Island approved and adopted the Comprehensive Development Plan and associated figures and maps as prepared by the firm of JEO Consulting Group, Inc. of Wahoo, Nebraska; and WHEREAS, an amendment to such plan is requested to change the future land use designation from "Low to Medium Density Residential" to "General Commercial Use” as shown on the attached map; and WHEREAS, such amendment was reviewed by the Regional Planning Commission on July 1, 2009, and a recommendation was forwarded to the City of Grand Island; and WHEREAS, a public hearing was held on July 14, 2009 for the purpose of discussing such amendment to the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby approves and adopts an amendment to the Comprehensive Plan to change the intended future use of the property as shown on the attached map from "Low to Medium Density Residential" to "General Commercial Use". Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2009-174 - Consideration of Request from Firehouse Bar, LLC dba Firehouse Bar, 418 West 4th Street for a Class "C" Liquor License and Liquor Manager Designation Request from Mitchelle Sheehan, 317 South Plum Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ July 9, 2009 ¤ City Attorney R E S O L U T I O N 2009-174 WHEREAS, an application was filed by Firehouse Bar, LLC, doing business as Firehouse Bar, 418 West 4th Street 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 July 4, 2009; such publication cost being $14.73; and WHEREAS, a public hearing was held on July 14, 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 Mitchell Sheehan, 317 South Plum Street 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, July 14, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of June 24 2009 through July 14, 2009 The Claims for the period of June 24, 2009 through July 14, 2009 for a total amount of $3,852,901.56. A MOTION is in order. Tuesday, July 14, 2009 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council