10-27-2009 City Council Regular Meeting PacketCity of Grand Island
Tuesday, October 27, 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 E1
Public Hearing Concerning Change of Zoning for Land Located
South of Capital Avenue, East of Geddes Street and West of Sky
Park Road from M2 Heavy Manufacturing to R3 Medium Density
Residential
Tuesday, October 27, 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: October 27, 2009
Subject: Rezone Request for Capital Avenue and Sky Park Road,
from M2 to R3
Item #’s: E-1 & F-1
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
Josh Rhoades of Horizon Builders has made a request to rezone properties south of
Capital Ave nue and west of Sky Park Road from M2 Heavy Manufacturing to R3
Medium Density Residential.
Discussion
At the regular meeting of the Regional Planning Commission, held October 7, 2009, the
above item was considered following a public hearing; there was some discussion.
Mike Olson, Airport Executive Director from the Airport Authority spoke against the
rezone making points about safety and noise. He stated that most accidents happen within
3 miles of the airport. The airport has plans to expand the runway to the south. This
proposed expansion would put planes closer to the proposed housing units during
landings and takeoff, the times when planes are loudest. This noise and noise from the
existing operations will potentially be a problem for residents living in the area. Mr.
Olson stated that he has a professional responsibility to monitor all development within 3
miles of the airport.
K.C. Henke spoke in favor of the rezoning application. He stated that the tenants in the
units just to the west of the new proposed units have never complained of noise. Mr.
Henke owns those units. He also stated that because they are rental units, people who
would be bothered by the planes would move. Henke is not sure how many aircraft are
currently coming out of the airport but at this time he does not believe there is substantial
traffic. Henke stated there is a huge need for apartments in Grand Island especially; those
that are handicap accessible.
Josh Rhoades, the primary applicant, spoke in favor of the rezoning request. If the
rezoning is approved he intends to build 32 units on eight lots. They would be similar to
the existing units built by Mr. Henke.
The Planning Commission discussed the various issues brought up during the testimony
and asked some clarifying questions of those testifying.
Chairman O’Neill asked Nabity if allowing this change would encourage other changes
closer to the airport and increase the degree of residential encroachment. Nabity stated
that the property adjacent to the airport outside of this area is all planned for either
manufacturing or agricultural development. He said that he would not make any
recommendations to allow further residential enc roachment adjacent to the airport.
People can, however, make the request for a zoning change and the planning department,
Planning Commission and Council would have to consider the request.
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 referencing findings of fact made
by the planning commission and others identified by Council
2. Modify the rezoning request to meet the wishes of the Council
3. Deny the rezoning request with findings of fact to support the decision
4. Postpone the issue
Recommendation
A motion was made by Ruge, seconded by Hayes to approve the rezone request of
Capital Ave and Sky Park Rd., as presented with the following findings of fact to support
the motion:
1. The proposed runway expansion is not in direct line with the proposed units;
2. The property is already subdivided into lots; and
3. The Comprehensive Plan shows this property as designated for low to medium density
residential development.
A roll call vote was taken on the motion with 8 members present 5 voting in favor.
(Amick, O’Neill, Ruge, Haye s, Haskins) and 3 members present voting against
(Reynolds, Monter, Snodgrass).and this item is forwarded to Council.
Sample Motion
Approve the rezone request for Capital Ave. and Sky Park Road.
Agenda Item # 4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
October 7, 2009
SUBJECT: Zoning Change (C-01-2010GI)
PROPOSAL: To rezone approximately3.9 acres of land south of Capital and west of
Sky Park Road, in Grand Island, Hall County, Nebraska, rezone from M2 - Heavy
Manufacturing Zone to R3 – Medium Density Residential Zone. The applicant intends
to build apartment units similar to those immediately to the west of this property at this
location. The adjacent property is zoned R4 High Density Residential
OVERVIEW:
Site Analysis
Current zoning designation: M2 – Heavy Manufacturing
Permitted and conditional uses: M2 –Heavy Manufacturing - A wide variety of
warehousing, storage, manufacturing and industrial
uses and no residential uses. Storage wholesale
and retail sale of grain/seed and agricultural
chemicals permitted. Minimum lot size of 6000
square feet with 65% coverage.
Comprehensive Plan Designation: Designated for future development as a low to
medium density residential.
Existing land uses. 1 Single Family Residence, vacant property
Proposed Zoning Designation R3 –- Non-profit uses, recreational uses and
residential uses at a density of 14 to 15 dwelling
units per acre with 50% coverage.
Adjacent Properties Analysis
Current zoning designations: North: TA- Transitional Agriculture and M2- Heavy
Manufacturing
East and South: M2- Heavy Manufacturing
West: R4- High Density Residential
Permitted and conditional uses: TA - Agricultural uses including: raising of livestock,
but not confined feeding, raising crops,
greenhouses and nurseries and residential uses up
to a density of 1 unit per 20 acres. Minimum lot size
20 acres. R4 –- Non-profit uses, recreational uses
and residential uses at a density of 42 dwelling units per acre with 60% coverage. M2 –Heavy
Manufacturing - A wide variety of warehousing,
storage, manufacturing and industrial uses and no
residential uses. Storage wholesale and retail sale
of grain/seed and agricultural chemicals permitted.
Minimum lot size of 6000 square feet with 65%
coverage.
Comprehensive Plan Designation: North and East: Designated for Manufacturing
South and West: Designated for Low to Medium
Density Residential.
Existing land uses: North: Farm and farm based residential and the
Central Nebraska Regional Airport
South: drainage way, Humane Society
East: Farm ground
West: Apartments similar to those proposed for this
development
EVALUATION:
Positive Implications:
· Consistent with the City’s Comprehensive Land Use Plan: The subject property is
designated for low to medium density residential (typically LLR to R3 zoning).
· Consistent with existing uses: This change is consistent with the existing uses in the
area. The proposed development is very similar to the new development to the west.
· Infrastructure is available to support the development: Water is available to the site
and sewer can be extended to serve these lots.
· Potential reduction in the number of driveways: There are 25 lots in this area that
front onto Capital Avenue each of these lots could access Capital Avenue with a
drive way. The project as proposed would reduce this number to 10 lots sharing 5
driveways.
Negative Implications:
· Proximity to the Airport: The airport is located just to the north and east of this
property. Airports and residences do not make good neighbors as airports are noisy
and occasionally planes crash during takeoffs or landings. The airport does have
plans to extend the runway by as much as 1300 feet toward Capital Avenue. This
will move the end of the runway closer to the proposed development.
· May inhibit development of manufacturing uses adjacent to this property: The
property to the east of this is planned for manufacturing uses as is most of the
property surrounding the airport. The airport is most consistent manufacturing uses.
Airports do not mix well with residential uses.
Other Considerations
The this property is already intended for possible low to medium density residential uses
as shown below on the Future Land Use Map for the City of Grand Island.
Future Land Use Map of the Area as approved in the Grand Island Comprehensive Plan
This property has been in the City Limits of Grand Island for well over 100 years. Sewer
and has not been extended to serve the property but will be with this project. The M2
zoning has been in place since at least the mid 1960’s. No commercial or manufacturing
development has occurred here.
The majority of the development between Sky Park Road and the Burlington Railroad
Overpass is residential on both the north and south sides of Capital Avenue. Residential
development is anticipated on the south side of Capital Avenue by the Comprehensive
Plan.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on this site from M2-Heavy Manufacturing to R3-Medium
Density Residential as requested and shown on the attached map.
___________________ Chad Nabity AICP, Planning Director
Item F1
#9241 - Consideration of Change of Zoning for Land Located
South of Capital Avenue, East of Geddes Street and West of Sky
Park Road from M2 Heavy Manufacturing to R3 Medium Density
Residential
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, October 27, 2009
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
ORDINANCE NO. 9241
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 Fifty Five (55), in Frank P. Barks’
Subdivision No. 3, in the City of Grand Island, Hall County, Nebraska, Lots 1-24 of Sunnyside
Subdivision in the City of Grand Island, Hall County, Nebraska, Lots 37-60 of Sunnyside
Subdivision in the City of Grand Island, Hall County, Nebraska, and parts of vacated alleys and
streets adjacent thereto from M2 Heavy Manufacturing to R3 Medium 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 October 7, 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 October 27, 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 M2 Heavy Manufacturing to R3 Medium Density Residential:
Parcel 1: Lot Fifty Five (55), in Frank P. Barks’ Subdivision No. 3, in the City of
Grand Island, Hall County, Nebraska and that part of vacated Edward Street
adjacent thereto as shown in Ordinance No. 4804, filed December 19, 1969 in
Book 19, Page 362 and that part of the vacated alley adjacent thereto as shown in
Ordinance No. 4824, filed February 16, 1970 in Book 20, Page 204; excepting a
ORDINANCE NO. 9241 (Cont.)
- 2 -
certain tract more particularly described in Quitclaim Deed recorded in Book 161,
Page 30.
Parcel 2: Lots 1-24 of Sunnyside Subdivision in the City of Grand Island, Hall
County, Nebraska.
Parcel 3: Lots 37-60 of Sunnyside Subdivision in the City of Grand Island, Hall
County, Nebraska excepting a certain tract more particularly described in
Quitclaim Deed recorded in Book 161 Page 30.
Parcel 4: That part of the vacated alley adjacent to parcels 2 and 3 as shown in Ordinance
No. 4824 filed February 16, 1970 in Book 20, Page 204.
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.
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: October 27, 2009.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of October 13, 2009 City Council Regular
Meeting
Tuesday, October 27, 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 REGULAR MEETING
October 13, 2009
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on October 13, 2009. Notice of the meeting was given in The Grand Island Independent
on October 7, 2009.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s
were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, and Zapata.
Councilmember Gericke was absent. The following City Officials were present: City
Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown,
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 Zach Stauffer, Brandon Pfeifer, and Katrina Molholm. Mayor Hornady commented on
construction in front of City Hall on 1st Street. The Utilities Department is replacing a water
main.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Jeremy Watson, Audio/Visual Technician for Work Performed on Receiving the
“Savvy Award”. The Mayor and City Council recognized Jeremy Watson, Audio/Visual
Technician for his work performed on receiving the “Savvy Award” from 3CMA. Public
Information Officer Wendy Meyer-Jerke explained the “Savvy Award”. Mr. Watson created a
Fire Recruitment Video which gained national recognition through 3CMA. Mr. Watson was
present for the recognition. A short clip of the video was shown.
Proclamation “Disability Awareness Month” October, 2009. Mayor Hornady proclaimed the
month of October, 2009 as “Disability Awareness Month” Gayle Hahn and Danielle Redman
representing State Rehabilitation Council were present to recognize Terry Holcomb and Brad
Koza from Wal-Mart for their work with people with disabilities.
Proclamation “National Arts & Humanities Month” October, 2009. Mayor Hornady proclaimed
the month of October 2009 as “National Arts & Humanities Month”. Tricia Beem, Assistant
Director/Group Sales with the Hall County Convention Visitors Bureau was present to receive
the proclamation.
PUBLIC HEARINGS:
Public Hearing Concerning Acquisition of Utility Easement Located at 3815 Arch Avenue
(Preferred Pump & Equipment, LP). Gary Mader, Utilities Director reported that a utility
easement was needed at 3815 Arch Avenue in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines and transformers. The easement would be used
Page 2, City Council Regular Meeting, October 13, 2009 to locate underground primary cable and a pad-mounted transformer to provide for increased
electrical load. Staff recommended approval. No public testimony was heard.
Public Hearing Concerning Acquisition of Utility Easement Located at Timberline Street and
Good Samaritan Place (Evangelical Lutheran Good Samaritan Society). Gary Mader, Utilities
Director reported that a utility easement was needed at Timberline Street and Good Samaritan
Place in order to have access to install, upgrade, and maintain water lines and fire hydrants; to
repair power appurtenances, including high voltage cables and transformers. The easement for
Tracts 1, 3, and 4 would be used for underground primary cable and transformers to supply
electrical power to the Good Samaritan Complex. Tract 2 would be used for a public water line
and fire hydrant. Staff recommended approval. No public testimony was heard.
Public Hearing Concerning Acquisition of Utility Easement Located Along the West Side of
3515 Old Potash Highway – KIA Dealership (Melodee Anderson). Gary Mader, Utilities
Director reported that a utility easement was needed on the west side of 3515 Old Potash
Highway – KIA Dealership in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. The easement would be used to place
underground high voltage cable and a pad-mounted transformer. Staff recommended approval.
No public testimony was heard.
Public Hearing Concerning Acquisition of Utility Easement Located at 3625 Old Potash
Highway (The County of Hall, Nebraska). Gary Mader, Utilities Director reported that a utility
easement was needed at 3625 Old Potash Highway in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The easement would
be used to place underground high voltage cable and a pad-mounted transformer. Staff
recommended approval. No public testimony was heard.
CONSENT AGENDA: Consent Agenda items G-22, G-24, and G-28 were removed for further
discussion. Motion by Zapata, second by Ramsey to approve the Consent Agenda excluding
items G-22, G-24, and G-28. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of September 22, 2009 City Council Regular Meeting.
Approving Appointments of Mindy Gilbertson and Melissa DeLaet to the Community
Development advisory Board.
#2009-241 – Approving City Council Meeting Schedule for 2010.
#2009-242 – Approving Agreement for Funding with the Central Nebraska Ethnic Festival in an
Amount of Approximately $300.00. Councilmember Meyer voted no.
#2009-243 – Approving Agreement for Funding with the Crisis Center, Inc. in an Amount of
$9,600.00. Councilmember Meyer voted no.
#2009-244 – Approving Agreement for Funding with the Grand Island Area Council for
International Visitors in an Amount of $800.00. Councilmember Meyer voted no.
Page 3, City Council Regular Meeting, October 13, 2009 #2009-245 – Approving Agreement for Funding with the Grand Island Hall County Convention
& Visitors Bureau in an Amount of $8,000.00. Councilmember Meyer voted no.
#2009-246 – Approving Agreement for Funding with Izaak Walton Kids Fishing Derby in an
Amount of $1,600.00. Councilmember Meyer voted no.
#2009-247 – Approving Agreement for Funding with Hope Harbor in an Amount of $3,600.00.
Councilmember Meyer voted no.
#2009-248 – Approving Agreement for Funding with the Grand Island Multicultural Coalition in
an Amount of $8,000.00. Councilmember Meyer voted no.
#2009-249 – Approving Agreement for Funding with Senior Citizens Industries, Inc. in an
Amount of $12,000.00. Councilmember Meyer voted no.
#2009-250 – Approving Agreement for Funding with the Clean Community System in an
Amount of $20,000.00. Councilmember Meyer voted no.
#2009-251 – Approving Acquisition of Utility Easement Located at 3815 Arch Avenue
(Preferred Pump & Equipment LP).
#2009-252 – Approving Acquisition of Utility Easement Located at Timberline Street and Good
Samaritan Place (Evangelical Lutheran Good Samaritan Society).
#2009-253 – Approving Acquisition of Utility Easement Located Along the West Side of 3515
Old Potash Highway – KIA Dealership (Melodee Anderson).
#2009-254 – Approving Acquisition of Utility Easement Located at 3625 Old Potash Highway
(The County of Hall, Nebraska/Hornady).
#2009-255 – Approving Award of Engineering Services Contract for Burdick Unit 2 Generator
Breaker to Black and Veatch of Kansas City, Missouri in an Amount not to exceed $84,600.00.
#2009-256 – Approving Change Order #1 for Coal Storage Expansion Project at PGS – 2009
with The Diamond Engineering Company of Grand Island, Nebraska for a reduction of
$17,423.27 and a Revised Contract Amount of $219,679.81.
#2009-257 – Approving Bid Award for Snow Removal Services for the 2009/2010 Winter
Season with The Diamond Engineering Company of Grand Island, Nebraska in the following
amounts: Front End Loaders - $135.00 per hour; Motor Graders - $155.00 per hour; and Hauling
Snow - $115.00 per hour.
#2009-258 – Approving Bid Award for Street Improvement Project No. 2009-P-3; First Street
from Clark Street to Eddy Street (Eastbound US Highway 30) with The Diamond Engineering
Company of Grand Island, Nebraska in an Amount of $95,206.60.
Page 4, City Council Regular Meeting, October 13, 2009 #2009-259 – Approving Bid Award for 47,000 GVW Dump Truck for Streets Division of the
Public Works Department with Hansen International Truck, Inc. of Grand Island, Nebraska in an
Amount of $82,820.00.
#2009-261 – Approving Storm Water Management Plan Program Grant Application.
#2009-263 – Approving Certificate of Final Completion for the 2009 Asphalt Resurfacing
Project No. 2009-AC-1 with J.I.L. Asphalt Paving Company of Grand Island, Nebraska.
#2009-264 – Approving Award of Proposal for Engineering Services Related to Aeration Basin
Improvements with Black & Veatch Corporation of Kansas City, Missouri in an Amount of to
exceed $384,000.00.
#2009-265 – Approving Bid Award for Improvement Project 2010-WWTP-1 for Construction of
Sludge Storage Facility at the Waste Water Treatment Plant with Chief Construction Co. of
Grand Island, Nebraska in an Amount of $395,483.31.
#2009-267 – Approving Bid Award for Furnishing and Installation of Ball Field Lighting at
Veterans Athletic Field Complex with Ensley Electrical Services, Inc. of Grand Island, Nebraska
in an Amount of $231,277.00.
#2009-268 – Approving the Following Financial Institutions List for Public Funds: Wells Fargo
Bank Nebraska, N.A.; U. S. Bank; TierOne; Union Bank and Trust Co.; Nebraska Public Agency
Investment Trust (NPAIT); Smith Hayes Financial Services Corporation; ICMA Retirement
Corp.; A.G. Edwards & Sons, Inc.; Ameritas Investment Corp.; Home Federal/Grand Island; The
Equitable Building and Loan Association; Platte Valley State Bank & Trust Company; Five
Points; Bank of New York Mellon; Cornerstone; and Exchange Bank.
#2009-269 – Approving Amendment #1 to the Professional Services Agreement for Professional
Services for the Evaluation and Recommendation, Design, Installation and Integration of a
Supervisory Control Data Acquisition (SCADA) System at WWTP with Huffman Engineering
of Lincoln, Nebraska in an Amount of $7,800.00.
#2009-270 – Approving Contract for Third Party Administrative Services for Section 125 Plan
with TASC of Madison Wisconsin in an Amount of $3.50 Per Plan Participant Per Month with
an Annual Renewal Fee of $200 in Years Two and Three and Administration of the Run Out
Services for the Current Plan in an Amount of $1.50 Per Plan Participant Per Month.
#2009-260 – Approving Bid Award for Street Sweeper for the Streets Division of the Public
Works Department with Nebraska Environmental Products of Lincoln, Nebraska in an Amount
of $168,345.00. Discussion was held regarding the use of a Street Sweeper during the fall
months. Questions were asked if this purchase could wait until the spring.
Motion by Ramsey, second by Zapata to approve Resolution #2009-260. Upon roll call vote,
Councilmember’s Carney, Ramsey, and Zapata voted aye. Councilmember’s Meyer, Niemann,
Gilbert, Haase, Dugan, and Nickerson voted no. Motion failed.
Page 5, City Council Regular Meeting, October 13, 2009 Motion by Gilbert, second by Haase to delay the purchase of the Street Sweeper until February
2010. Upon roll call vote, Councilmember’s Niemann, Gilbert, Haase, Dugan, Ramsey, Zapata,
and Nickerson voted aye. Councilmember’s Meyer and Carney voted no. Motion adopted.
#2009-262 – Approving Amendment No. 1 to the Agreement with Felsburg, Holt & Ullevig for
Quiet Zone Improvements in an Amount not to exceed $12,600.00 and a Revised Agreement
Amount of $41,200.00. Public Works Director Steve Riehle explained how Amendment No. 1
related to the Quiet Zone Improvements.
Motion by Meyer, second by Gilbert to approve Resolution #2009-262. Upon roll call vote, all
voted aye. Motion adopted.
#2009-266 – Approving Contract with PoliceReports. US for On Line Accident Reports. Police
Chief Steve Lamken commented on the benefits of a on line accident report system. Comments
by council was that this was a win-win situation.
Motion by Haase, second by Dugan to approve Resolution #2009-266. Upon roll call vote, all
voted aye. Motion adopted.
RESOLUTIONS:
#2009-271 – Approving Change Order No. 1 for Grand Generation Center Kitchen Remodel
with Chief Construction Company of Grand Island, Nebraska for an Increase of $2,229.00 and a
Revised Contract Amount of $197,329.00. Paul Briseno, Assistant to the City Administrator
reported that on July 14, 2009 City Council approved a $193,100 bid award to Chief
Construction Company of Grand Island, Nebraska. The City would provide $140,000 and the
Grand Generation Center would fund the remainder of the project cost. Change Order No. 1
included the following: Relocation of Handicap Accessible Doors - $1,297.00; Relocate Existing
Gas Line - $847.00; and Adding a 6” Drain Line instead of a 4” - $85.00.
Motion by Meyer, second by Haase to approve Resolution #2009-271. Upon roll call vote, all
voted aye. Motion adopted.
#2009-272 – Approving Request for Service Pattern Change for Great Lakes Airlines. Michael
Olson, Executive Director of the Central Nebraska Regional Airport reported that the Hall
County Airport Authority was requesting a Service Pattern Change from Kansas City, Missouri
to Denver, Colorado with great Lakes Airlines. Due to the lack of enplanements from Grand
Island to Kansas City, Missouri and the decreased connecting flights the request was for a
Service Pattern Change to Denver, Colorado. The Department of Transportation requires the City
to concur with this request. Discussion was held concerning improving flight service out of
Grand Island. Mr. Olson commented that enplanement had increased.
Motion by Haase, second by Carney to approve Resolution #2009-272. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Page 6, City Council Regular Meeting, October 13, 2009 Motion by Dugan, second by Meyer to approve the Claims fo r the period of September 23, 2009
through October 13, 2009, for a total amount of $4,111,211.40. Unanimously approved.
Motion by Dugan, second by Meyer to approve the Claims for the Period of September 23, 2009
through October 13, 2009 for the Veterans Athletic Field Complex for a total amount of
$5,571,51. Unanimously approved.
Motion by Dugan, second by Meyer to approve the Claims for the Period of September 23, 2009
through October 13, 2009 for the State Fair Recreation Building for a total amount of $8,754.80.
Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:00 p.m.
RaNae Edwards
City Clerk
Item G2
#2009-273 - Approving EMS Field Training Agreements
Tuesday, October 27, 2009
Council Session
City of Grand Island
Staff Contact: Troy Hughes
City of Grand Island City Council
Council Agenda Memo
From: Troy Shubert, EMS Division Chief
Meeting: October 27, 2009
Subject: EMS Field Training Agreements
Item #’s: G-2
Presenter(s): Troy Hughes, Fire Chief
Background
This Agreement will be utilized for the required field training of advanced EMS students
attending from McCook Community College, Southeast Community College and Central
Community College. This Agreement also serves for proper certification required by the
National Registry of Emergency Medical Technicians, McCook Community College -
McCook NE, Southeast Community College - Lincoln NE, Northeast Community College
- Norfolk NE and Central Community College - Grand Island NE. We have provided this
opportunity in the past and this Agreement will allow us to continue this program.
Discussion
The program allows students to receive field training and experience that allows them to
apply what they have learned in the classroom. Under the supervision of an experienced
paramedic, the student has the opportunity to learn from real world experiences and is
required prior to the students certification. This Agreement has been reviewed and
accepted by both the City of Grand Island Legal Department, McCook Community
College, Southeast Community College, Northeast Community College and Central
Community College,.
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 agreements.
Sample Motion
Move to approve each of the agreements between McCook Community College, Southeast
Community College, Northeast Community College and Central Community College and
the City Of Grand Island.
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-273
WHEREAS, McCook Community College, in McCook, Nebraska; Southeast Community
College in Lincoln, Nebraska; Northeast Community College in Norfolk, Nebraska; and Central
Community College in Grand Island, Nebraska, sponsor an Advanced EMS Training program for students;
and
WHEREAS, these Colleges desire to provide such students with field experience in
cooperation with the Grand Island Fire Department; and
WHEREAS, such agreements have been reviewed and approved by the City Attorney’s
office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreements by and between the McCook
Community College; Southeast Community College, Northeast Community College and Central Community
College and the City of Grand Island Fire Department to provide field experience for students of Advanced
EMS Training are hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign
such agreements on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G3
#2009-274 - Approving Bid Award for One (1) 2010 Model 90,000
GVW Conventional Truck-Tractor for the Solid Waste Division of
the Public Works Department
Tuesday, October 27, 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: October 27, 2009
Subject: Approving Bid Award for One (1) 2010 Model 90,000
GVW Conventional Truck-Tractor for the Solid Waste
Division of the Public Works Department
Item #’s: G-3
Presenter(s): Steven P. Riehle, Public Works Director
Background
On October 8, 2009 the Solid Waste Division of the Public Works Department advertised
for a 90,000 Pound GVW Conventional Truck-Tractor. Funds for the truck are in the
approved 2009/2010 budget on page 231. There is no trade-in because the semi-tractor
will be sold to the Waste Water Division.
Discussion
Bids were received and opened on October 20, 2009. The Solid Waste Division of the
Public Works Department and the Purchasing Division reviewed the bids that were
received.
Bidder Bid Price Make
Nebraska Peterbilt of Grand Island, NE $90,737 Peterbilt
Nebraska Peterbilt of Grand Island, NE $90,887 Peterbilt
Nebraska Truck & Equipment of Lincoln, NE $98,371 Mack
Nebraska Truck Center of Grand Island, NE $100,981 Freightliner
Nebraska Truck Center of Grand Island, NE $109,981 Freightliner
Hansen International of Grand Island, NE $89,395 Internatio nal
Volvo Trucks of Omaha, NE Bid did not include a Bid Bond,
therefore bid could not be considered
The bid from Hansen International did not meet bid specifications, in that the engine bid
was smaller than what was listed in the bid specifications. The Public Works Department
recommends awarding the bid to the next lowest bidder, which is Nebraska Peterbilt.
There are four (4) semi-trucks that make up a part of a front-line fleet that is used to haul
solid waste from the transfer station to the landfill. The semi-truck that is being replaced
at the Solid Waste Division is a 1998 Ford with 11,231 hours and 269,000 miles. These
trucks make four (4), 36 mile round trips per day to the City’s landfill, which equates
to144 miles per day. The timeline for this purchase is critical in that new EPA emissions
standards will be taking effect in the upcoming month, which will increase the total
purchase by an additional $9,000 due to the cost of the engine and emission control
system. It’s essential that the fleet is maintained and updated so we can continue to
handle solid waste.
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 purchase of the Peterbilt
Conventional Truck-Tractor from Nebraska Peterbilt of Grand Island, Nebraska in the
amount of $90,737.
Sample Motion
Move to approve purchase of the Peterbilt Conventional Truck-Tractor from Nebraska
Peterbilt of Grand Island, Nebraska.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: October 20, 2009 at 11:15 a.m.
FOR: (1) 2010 Model 90,000 GVW Conventional Truck-Tractor
DEPARTMENT: Public Works
ESTIMATE: $110,000.00
FUND/ACCOUNT: 50530040-85625
PUBLICATION DATE: October 8, 2009
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: Hansen International Truck, Inc. Volvo Trucks of Omaha
Grand Island, NE Omaha, NE
Bid Security: $4,500.00 Rejected Bid – No Bid Bond
Exceptions: Noted
Bid Price: $89,395.00
Delivery Date: 45 days after order
Bidder: Nebraska Truck & Equipment Co. Nebraska Peterbilt
Lincoln, NE Grand Island, NE
Bid Security: Inland Insurance Co. $4,544.35
Exceptions: Noted None
Bid Price: $98,371.54 $90,887.00 w/Friends
$90,737.00 w/LCL
Delivery Date: 120 days 60 days
Bidder: Nebraska Truck Center, Inc.
Grand Island, NE
Bid Security: $5,499.05
Exceptions: Noted
Bid Price: $109,981.00
Delivery Date: 150 days from receipt of order
cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist.
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator Jeff Wattier, Solid Waste Supt.
P1377
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-274
WHEREAS, the City of Grand Island invited sealed bids for one (1) 2010 Model 90,000
GVW Conventional Truck-Tractor for the Solid Waste Division, according to specifications on file with the
Public Works Department; and
WHEREAS, on October 20, 2009 bids were received, opened and reviewed; and
WHEREAS, Nebraska Peterbilt of Grand Island, Nebraska submitted a bid in accordance
with the terms of the advertisement of bids and specifications and all other statutory requirements contained
therein, such bid being in the amount of $90,737; and
WHERAS, the bid of Nebraska Peterbilt of Grand Island, Nebraska is less than the
estimate for the one (1) 2010 Model 90,000 GVW Conventional Truck-Tractor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Peterbilt of Grand Island,
Nebraska in the amount of $90,737 for one (1) 2010 Model 90,000 GVW Conventional Truck-Tractor
for the Solid Waste Division of the Public Works Department is hereby approved as the lowest responsible
bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G4
#2009-275 - Approving Bid Award for Downtown Parking Lot
Snow Removal Operations for the 2009/2010 Winter Season
Tuesday, October 27, 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: October 27, 2009
Subject: Approving Bid Award for Downtown Parking Lot Snow
Removal Operations for the 2009/2010 Winter Season
Item #’s: G-4
Presente r(s): Steven P. Riehle, Public Works Director
Background
On October 14, 2009 the Engineering Division of the Public Works Department
advertised for bids for Downtown Parking Lot Snow Removal Operations for the
2009/2010 winter season including equipment and labor.
There were four (4) potential bidders for this work.
Discussion
One bid was received and opened on October 20, 2009. The Engineering Division of the
Public Works Department and the Purchasing Division of the City Attorney's Office
reviewed the bid that was received. The bid is shown below.
Bidder Description Unit Estimate
Trucks for hauling snow $ 50.00 per load $170.00 per load
Front End Loaders/Tractors $132.00 per hour $200.00 per hour
A-1 Snow
Removal
Tractor with Pull Blade
(minimum 12' width)
$330.00 per hour $160.00 per hour
Exceptions:
*Loader is a Case 580 with a Box Blade
**Front Wheel Assist Tractor with 24’ Mounted Box Blade
The bid specifications and estimate for a tractor with pull blade were prepared based on a
minimum 12 feet width. A-1 Snow Removal bid a front wheel assist tractor with a 24’
mounted box blade. The front wheel assist and 24’ width will allow more snow to be
moved in less time, which should balance out the difference between the estimate and the
bid price.
This is the third year that bids have been solicited for such snow removal, with A-1 Snow
Removal being the only bidder all three years. Section 27-12 of City Code authorizes the
Council to name a sole source provider in appropriate situations after advertising for
competitive bids. The Public Works Department is requesting that A-1 Snow Removal be
awarded the bid for the 2009/2010 snow removal season, as well as being named the sole
source provider for such work.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
Public Works Administration recommends that the Council approve awarding the bid for
Downtown Parking Lot Snow Removal Operations to A-1 Snow Removal of Grand
Island, Nebraska, name this company as sole source provider for such work and authorize
the Mayor to execute a contract for the work.
Sample Motion
Move to approve awarding the bid for Downtown Parking Lot Snow Removal Operations
to A-1 Snow Removal of Grand Island, Nebraska, name this company as sole source
provider for such work and authorize the Mayor to execute a contract for the work.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: October 20, 2009 at 11:30 a.m.
FOR: Downtown Parking Lots Snow Removal Operations
DEPARTMENT: Public Works
ESTIMATE: Trucks for Hauling Snow $170.00 per hour
Front End Loaders/Tractors $200.00 per hour
Tractor with Pull Blade $160.00 per hour
FUND/ACCOUNT: 27010001-85249
PUBLICATION DATE: October 14, 2009
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: A-1 Snow Removal
Grand Island, NE
Exceptions: Noted
Bid Price:
Trucks for Hauling Snow $50.00 per load
Front End Loaders/Tractors $132.00 per hour
Tractor with Pull Blade $330.00 per hour
cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist.
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator Tom Carlson, PW Engineer
P1378
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-275
WHEREAS, the City of Grand Island invited sealed bids for Downtown Parking Lot Snow
Removal Operations, according to specifications on file in the office of the Public Works Department; and
WHEREAS, on October 20, 2009, one bid was received, opened and reviewed; and
WHEREAS, A-1 Snow Removal of Grand Island, Nebraska, submitted a bid in
accordance with terms of the advertisement of the specifications and all other statutory requirements
contained therein, such bid being as follows:
Cost Per Hour
Trucks $ 50.00 per load
Front End Loaders/Tractors $132.00 per hour
Tractor w/ Pull Blade $330.00 per hour
WHEREAS, A-1 Snow Removal of Grand Island, Nebraska has been the sole bidder for
the past three years; and City Code Section 27-12 allows the Council to determine there is only one source
for a service after advertising for competitive bids.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of A-1 Snow Removal of Grand Island,
Nebraska for snow removal operations in the amounts identified above is hereby approved as the lowest
responsible bid submitted.
BE IT FURTHER RESOLVED, that A-1 Snow Removal of Grand Island, Nebraska is
named the sole source provider for downtown parking lot snow removal operations.
BE IT FURTHER RESOLVED, that a contract between the City and such contractor for
such snow removal operations be entered into, and the Mayor is hereby authorized and directed to execute
such contract on behalf of the City Of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2009-276 - Approving Changes to the 2009/2010 Fee Schedule
Tuesday, October 27, 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: October 27, 2009
Subject: Approving Changes to the 2009/2010 Fee Schedule
Item #’s: G-5
Presenter(s): Steven P. Riehle, Public Works Director
Background
The City Council approved Black & Veatch’s Cost of Service Based Rate Study Report
at the June 9, 2009 city council meeting.
The study recommended that there be 3 flow rate charges. The 1st flow rate charge would
be for customers that use the City’s saintary sewer collection system. The 2nd flow rate
charge would be for low strength industrial customers using the City's collection system.
The 3rd flow rate charge would be for customers that build, own and maintain the
sanitary sewer main that connects directly to the city’s Waste Water Treatment Plant
(WWTP). Customers that do not use the city’s collection system are not charged for the
cost to own and maintain that system.
Discussion
The rates that were recommended in Black & Veatch’s report were incorporated into the
Fee Schedule that was approved at the June 23, 2009 city council meeting. The rates
inadvertently omitted the 3rd flow rate charge for customers that do not use the collection
system and are connected directly to the city’s WWTP.
During discussions with consulting engineers on the WWTP capacity, the rate study, and
industrial waste water permitting, it was recommended that the fee schedule for
Ammonia be changed to Total Kjeldahl Nitroge n (TKN) because TKN is the parameter
used in the WWTP’s discharge permit issued by the Nebraska Department of
Environmental Quality.
The flow rate charge and switch to billing for TKN instead of Ammonia should be added
to the fee schedule and be retroactive to October 1, 2009 to match other changes to the
fee schedule that began on October 1st.
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 recommended fees.
Sample Motion
Move to modify the existing fee schedule.
Wastewater Treatment Fee Schedule
WASTEWATER TREATMENT FY 2008 FY 2009 FY 2010 Revision
Sewer Tap Permit (SEE ENGINEERING FEES)
Sewer Service Charge Per Month 8.00 8.24 8.24
Monthly Sewer Bill For Customers Not Hooked To City Water 18.68 19.24 19.24
TV Inspection of Sanitary Sewer (Minimum $100.00 Charge) 0.59 0.61 0.61
SEPTIC TANK CHARGES
Charge For Septic Tank Sludge Minimum Fee 7.42 7.64 7.64
Charges For Septic Tank Sludge Per 100 Gallons 6.76 6.96 6.96
Charges For High Strength Septic Sludge Per 1,000 Gallons 400.00 400.00
FLOW CHARGES
Cost per 100 Cubic Feet of Flow (customers discharging
directly into City’s Treatment Plant)
1.29
Cost per 100 Cubic Feet of Flow (customers using City’s
collection system)
1.33
1.37
1.45
Cost per 100 Cubic Feet of Flow (low strength customers
using City’s collection system)
0.41
0.42
0.58
INDUSTRIAL WASTE SURCHARGES
BOD Charges $/lb Over 250 mg/l 0.2724 0.2806 0.2806
SS Charges $/lb Over 250mg/l 0.2116 0.2180 0.2180
Oil & Grease $/lb Over 100 mg/l 0.0111 0.0115 0.1465
Ammonia Total Kjeldahl Nitrogen (TKN) ($/lb Over 30 mg/l) 0.3620 0.3729 0.5539
LOW STRENGTH INDUSTRIAL SERVICE FOUR-PART
CHARGES
BOD Charges ($/lb Over 0 mg/l) 0.2724 0.2806 0.2806
SS Charge ($/lb Over 0 mg/l) 0.2116 0.2180 0.2180
Oil & Grease ($/lb Over 0 mg/l) 0.0111 0.0115 0.1465
Ammonia Total Kjeldahl Nitrogen (TKN) ($.lb Over 0 mg/l) 0.3620 0.3729 0.5539
HYDROGEN SULFIDE CHARGES
Total Sulfide Charges For Industrial discharging directly into
City’s Treatment Plant = $9160.00/per month- Plus Total
Sulfide $/lb Over 0 mg/l
0.1215
0.1252
0.3569
Total Sulfide $/lb Over 0 mg/l (for customer’s using City’s
collection system)
0.1215 0.1252 0.3569
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-276
WHEREAS, the 2009/2010 budget process updated the Fee Schedule for the Wastewater
Division’s fees; and
WHEREAS, it is necessary to modify the Wastewater Fee Schedule for the flow charge per
100 cubic feet for customers not using the City’s sanitary sewer collection system; and
WHEREAS, it is also necessary to modify the Wastewater Fee Schedule to switch from
Ammonia to Totat Kjeldahl Nitrogen (TKN).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the 2009/2010 Fee Schedule be modified and the
charges incorporated into the 2009/2010 budget.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2009-277 - Approving Engineering Services for Uranium
Removal Methods Evaluation
Tuesday, October 27, 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: October 27, 2009
Subject: Uranium Removal Methods Evaluation Engineering
Services – Request for Proposals
Item #’s: G-6
Presenter(s): Gary R. Mader, Utilities Director
Background
The City’s municipal water system is supplied primarily from its Platte River Wellfield.
This wellfield is comprised of 21 wells and a pumping station. Recent testing for state
regulatory requirements has indicated composite uranium levels to be approaching the
Maximum Containment Level (MCL) established by the EPA. Testing of individual wells
for uranium has indicated some wells exceeded the MCL. To allow use of these wells
during high water system demand periods, additional piping was installed in the past year
to allow blending with lower uranium concentration wells.
As a proactive measure, in case uranium levels can not be controlled below the new MCL
by well blending, the department recommends that more detailed investigation be
undertaken to determine uranium removal methods and evaluate those best suited for the
Grand Island system. Factors in the evaluation would include; the review of available
technologies; amount of uranium removal; capital costs; operational costs; and waste
disposal. This type of evaluation is best performed by engineering consultants with wide
ranging experience in the design of water treatment systems and with expertise in
treatment economics and water chemistry.
A Request for Proposals was developed and advertised in accordance with City
Purchasing Policy. The Request for Proposal was based on firms providing a “not to
exceed” price for a preliminary evaluation of uranium removal options. Should further
evaluation of treatment processes, such as pilot testing, or actual implementation of
treatment processes be required, billing rates were required as part of the proposals to
allow the City to negotiate subsequent phases of a project should that be deemed
necessary. Company and personnel experience in the field of water treatment were
required for evaluation of the proposals, including detailed design and construction
management experience.
History:
In 2003, the new regulation placing a MCL on uranium in drinking water became
effective. Uranium is a naturally occurring element in the aquifers of Nebraska and other
states across the nation. Implementation of the new MCL began with the sampling of the
state’s municipal water systems in accordance with the EPA specified testing protocol.
Samples of the Grand Island water supply for regulatory compliance were first taken in
2004. The sampling protocol requires testing for four consecutive quarters, with the
average of the year long sampling results being the level by which system compliance is
established.
Sampling and testing of the Grand Island water system thus far show full compliance
with the EPA regulation. Uranium is naturally occurring in the aquifer in central
Nebraska. Uranium is not an acute concern but rather is a concern over a lifetime of
exposure. According the Neb-Guide from the University of Nebraska, “….uranium in
water supplies produces very little radioactivity, the health effects from exposure to
uranium are primarily thought to be associated with the chemical properties of soluble
uranium. Studies suggest that ingestion of high levels of uranium may be associated with
an increased risk of kidney damage…Exposure to soluble uranium in drinking water has
not been shown to increase the risk of developing cancer.”
Discussion
The Request for Proposals for engineering services for the evaluation of uranium removal
methods for the City’s municipal water system was publically advertised in accordance
with the City Purchasing Code. Proposals from the following firms were received:
Company
Olsson Associates
HDR Engineering, Inc.
CH2M Hill
Using a matrix of the Department’s established evaluation criteria, which included
Company Experience, Personnel Experience, Proposal Responsiveness, Pricing and
Commercial Terms, the proposals were reviewed by utility engineering staff. A
tabulation of the evaluations factors indicated a consensus for HDR Engineering. A copy
of the evaluation tabulation 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 award the Proposal for the Uranium
Removal Methods Evaluation-Engineering Services to HDR Engineering, Inc., of
Lincoln, Nebraska.
Sample Motion
Move to approve the proposal from HDR Engineering, of Lincoln, Nebraska, for the
Uranium Removal Methods Evaluation-Engineering Services as submitted.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
URANIUM REMOVAL METHODS EVALUATION ENGINEERING SERVICES
RFP DUE DATE: October 8, 2009 at 4:00 p.m.
DEPARTMENT: Utilities
PUBLICATION DATE: September 22, 2009
NO. POTENTIAL BIDDERS: 4
SUMMARY OF PROPOSALS RECEIVED
CH2M Hill Olsson Associates HDR Engineering, Inc.
Omaha, NE Lincoln, NE Lincoln, NE
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Jeff Pederson, City Administrator Mary Lou Brown, Finance Director
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary
Tim Luchsinger, Utilities Assist. Director
P1372
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-277
WHEREAS, the City’s municipal water system is supplied primarily from its Platte River
Wellfield; and
WHEREAS, recent testing for state regulatory requirements has indicated composite
uranium levels to be approaching the Maximum Containment Level (MCL) established by the EPA; and
WHEREAS, additional piping was installed in the past year to allow blending with lower
uranium concentration wells at the Wellfield; and
WHEREAS, in case uranium levels can not be controlled below the new MCL by well
blending, the Utilities Department recommends that more detailed investigation be undertaken to determine
uranium removal methods and evaluate those best suited for the Grand Island system by engineering
consultants with wide ranging experience in the design of water treatment systems and with expertise in
treatment economics and water chemistry; and
WHEREAS, a Request for Proposal was developed and advertised in accordance with
City Purchasing Policy, providing a “not to exceed” price for a preliminary evaluation of uranium removal
options; and
WHEREAS, the proposal of HDR Engineering, Inc., of Lincoln, Nebraska for the Uranium
Removal Methods Evaluation Engineering Services was submitted in accordance with the terms and the
specifications and all other statutory requirements contained therein at a not to exceed cost of $79,704.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of HDR Engineering, Inc., of Lincoln,
Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
- 2 -
RaNae Edwards, City Clerk
Item G7
#2009-278 - Approving Bid Award - Tree Trimming Contract 2010-
TT-1
Tuesday, October 27, 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: October 27, 2009
Subject: Tree Trimming Contract 2010-TT-1
Item #’s: G-7
Presenter(s): Gary R. Mader, Utilities Director
Background
Proper clearance between trees and power lines is very important to the safe operation
and maintenance of the City’s electric system. The Utilities Department has one crew
dedicated to Right-of-Way maintenance and also uses the services of contractors when
necessary to maintain line clearance for the over 500 miles of distribution and
transmission lines. Specifications for Contract 2010-TT-1 were prepared for private
contractors to provide bids for tree trimming services for the clearances needed for safe,
reliable electrical service.
A drawing showing the sections to be trimmed in 2010 is attached.
Discussion
The contract documents provide for trees to be trimmed from electrical circuits in
15 separate areas. The project was publicly advertised and specifications were
sent to twelve potential bidders. The bids were publicly opened at 11:00 a.m. on
October 15, 2009 in accordance with City Procurement Codes. Bids were
received from five firms and have been checked and evaluated.
The project specifications provide that the City may select any or all sections to
be awarded in this Contract, or the City may award all sections to a single
Contractor, or award individual sections to multiple Contractors, whichever
method provides the best and lowest overall bid.
Leetch Tree Asplundh Tree Sheffield Tree Tom's Tree Wright Tree
Service Expert Co Service Service Service Low Bid
Section Grand Island, NE Fairfax, IA Grand Island, NE Grand Island, NE Des Moines, IA per Section
1 $4,987.00 $10,888.00 No Bid No Bid $25,200.00 $4,987.00
2 $21,685.00 $35,551.00 No Bid No Bid $43,280.00 $21,685.00
3 $8,750.00 $31,807.00 No Bid No Bid $38,500.00 $8,750.00
4 $2,875.00 $5,575.00 No Bid $17,500.00 $17,600.00 $2,875.00
5 $7,645.00 $18,327.00 No Bid No Bid $18,640.00 $7,645.00
6 $5,595.00 $27,678.00 No Bid $16,000.00 $10,800.00 $5,595.00
7 $9,350.00 $16,418.00 No Bid No Bid $33,140.00 $9,350.00
8 $12,450.00 $56,407.00 No Bid $28,000.00 $32,000.00 $12,450.00
9 $4,825.00 $3,649.00 $6,500.00 $5,500.00 $4,500.00 $3,649.00
10 $7,315.00 $29,217.00 No Bid $24,000.00 $24,700.00 $7,315.00
11 $4,950.00 $8,464.00 No Bid $17,500.00 $17,820.00 $4,950.00
12 $7,575.00 $16,845.00 No Bid $27,000.00 $17,240.00 $7,575.00
13 $5,562.00 $6,604.00 $4,500.00 $14,000.00 $9,000.00 $4,500.00
14 $9,150.00 $32,696.00 No Bid $15,000.00 $15,280.00 $9,150.00
15 $5,562.00 $4,219.00 No Bid $1,400.00 $4,800.00 $1,400.00
Low Section
Total $102,327.00 $3,649.00 $4,500.00 $1,400.00 $111,876.00
There were no exceptions taken by any of the Bidders and they are qualified to do the
contract work. All bids were evaluated and are in compliance with the specifications.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council award the trimming contract to
individual contractors by section as provided for in the specifications in the following
manner:
Leetch Tree Service of Grand Island, Sections 1,2,3,4,5,6,7,8,10,11,12, &14 in the
amount of $102,327.00; Asplundh Tree Experts of Fairfax, IA, Section 9 in the amount of
$3,649.00; Sheffield Tree Service of Grand Island, Section 13 in the amount of
$4,500.00; and Tom’s Tree Service of Grand Island, Section 15 in the amount of
$1,400.00.
The total amount to award all sections is $111,876.00, which is less then the project
estimate of $150,000.00.
Sample Motion
Move to approve the Tree Trimming Contract 2010-TT-1 to Leetch Tree Service,
Asplundh Tree Expert Company, Sheffield Tree Service, and Tom’s Tree Service, based
upon the lowest bid for each individual section.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: October 15, 2009 at 11:00 a.m.
FOR: Tree Trimming Contract 2010-TT-1
DEPARTMENT: Utilities
ESTIMATE: $150,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: September 14, 2009
NO. POTENTIAL BIDDERS: 11
SUMMARY
Bidder: Asplundh Tree Expert Co. Leetch Tree Service
Fairfax, IA Grand Island, NE
Bid Security: Travelers Casualty & Surety Western Surety Company
Exceptions: None None
Bid Price:
Section 1: $10,888.00 $ 4,987.00
Section 2: $35,551.00 $21,685.00
Section 3: $31,807.00 $ 8,750.00
Section 4: $ 5,575.00 $ 2,875.00
Section 5: $18,327.00 $ 7,645.00
Section 6: $27,678.00 $ 5,595.00
Section 7: $16,418.00 $ 9,350.00
Section 8: $56,407.00 $12,450.00
Section 9: $ 3,649.00 $ 4,825.00
Section 10: $29,217.00 $ 7,315.00
Section 11: $ 8,464.00 $ 4,950.00
Section 12: $16,845.00 $ 7,575.00
Section 13: $ 6,604.00 $ 5,562.00
Section 14: $32,696.00 $ 9,150.00
Section 15: $ 4,219.00 $ 5,562.00
Total Price: $304,345.00 $118,276.00
Bidder: Sheffield Tree Service Wright Tree Service
Grand Island, NE West Des Moines, IA
Bid Security: Western Surety Company Merchants Bonding Company
Exceptions: None None
Bid Price:
Section 1: No Bid $25,200.00
Section 2: No Bid $43,280.00
Section 3: No Bid $38,500.00
Section 4: No Bid $17,600.00
Section 5: No Bid $18,640.00
Section 6: No Bid $10,800.00
Section 7: No Bid $33,140.00
Section 8: No Bid $32,000.00
Section 9: $ 6,500.00 $ 4,500.00
Section 10: No Bid $24,700.00
Section 11: No Bid $17,820.00
Section 12: No Bid $17,240.00
Section 13: $ 4,500.00 $ 9,000.00
Section 14: No Bid $15,280.00
Section 15: No Bid $ 4,800.00
Total Price: $11,000.00 $312,500.00
Bidder: Tom’s Tree Service
Grand Island, NE
Bid Security: Old Republic Surety Company
Exceptions: None
Bid Price:
Section 1: No Bid
Section 2: No Bid
Section 3: No Bid
Section 4: $17,500.00
Section 5: No Bid
Section 6: $16,000.00
Section 7: No Bid
Section 8: $28,000.00
Section 9: $ 5,500.00
Section 10: $24,000.00
Section 11: $17,500.00
Section 12: $27,000.00
Section 13: $14,000.00
Section 14: $15,000.00
Section 15: $ 1,400.00
Total Price: $165,900.00
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist.
Tom Barnes, Eng. Mgr.
P1369
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-278
WHEREAS, the City of Grand Island invited sealed bids for Tree Trimming Project 2010-
TT-1 for the Utilities Department, according to the plans and specifications on file with the Utilities
Department; and
WHEREAS, on October 15, 2009, bids were received, opened and reviewed; and
WHEREAS, the requested work has been divided into 15 sections in order to achieve the
best and lowest cost, and to expedite the completion of the work; and
WHEREAS, Leetch Tree Service of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and the plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $102,327.00 for Sections 1, 2, 3,
4, 5, 6, 7, 8, 10, 11, 12, and 14 of the contract; and
WHEREAS, Asplundh Tree Experts of Fairfax, Iowa, submitted a bid in accordance with
the terms of the advertisement of bids and the plans and specifications and all other statutory requirements
contained therein, such bid being in the amount of $3,649.00 for Section 9 of the contract; and
WHEREAS, Sheffield Tree Service of Grand Island, Nebraska, submitted a bid in the
accordance with the terms of the advertisement of bids and the plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $4,500.00 for Section 13 of the
contract; and
WHEREAS, Tom’s Tree Service of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and the plans and specifications and all other
statutory requirement contained therein, such bid being in the amount of $1,400.00 for Section 15 of the
contract; and
WHEREAS, the combined total of the lowest bids for the above listed fifteen sections
represents the lowest responsible bid for said project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The bid of Leetch Tree Service of Grand Island, Nebraska, in the amount of
$102,327.00 for Sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 14 of the contract is hereby approved as
the lowest responsive bid submitted for those sections.
2. The bid of Asplundh Tree Experts of Willow Grove, Pennsylvania, in the amount of
$3,649.00 for Section 9 of the contract is hereby approved as the lowest responsive bid submitted for this
section.
- 2 -
. 3. The bid of Sheffield Tree Service of Grand Island, Nebraska, in the amount of
$4,500.00 for Section 13 of the contract is hereby approved as the lowest responsive bid submitted for this
section.
.
4. The bid of Tom’s Tree Service of Grand Island, Nebraska, in the amount of
$1,400.00 for Section 15 of the contract is hereby approved as the lowest responsive bid submitted for this
section.
5. A contract for such project be entered into between the City and such contractors;
and that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of
Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2009-279 - Approving Confidentiality Agreement Between the
City of Grand Island, Utilities Department and Midwest Wind
Energy Development Group
Tuesday, October 27, 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: October 27, 2009
Subject: Confidentiality Agreement with Midwest Wind Energy
Development Group
Item #’s: G-8
Presenter(s): Gary R. Mader, Utilities Director
Background
The Utilities Department has made efforts to be involved in developing technologies
regarding renewable energy. Presently, the most cost effective form of renewable energy
is wind energy. Since 1998, the City’s Utilities Department has participated with other of
the state’s utilities in Wind Turbine projects.
Springview Project:
Grand Island first became involved with wind energy in 1998 with the development of
the “Nebraska Distributed Wind Generation Project” or NDWG, often referred to as the
“Springview Project” because of its proximity to that community in north central
Nebraska. The project included two 750 kilowatt wind turbines installed near
Springview, Nebraska. Half of the cost of the project was funded by a grant from the
Electric Power Research Institute/Department of Energy-Turbine Verification Program.
NDWG is a joint project among Nebraska utilities that includes Auburn Utilities, Grand
Island Utilities, KBR Power District, Lincoln Electric System, the Municipal Energy
Agency of Nebraska and Nebraska Public Power District. Grand Island has received an
average of six megawatt hours of energy per month from NDWG. This is enough energy
to supply approximately six houses for one month. Due to rising maintenance costs,
increasing equipment failures and unit downtime, this facility was decommissioned in
August of this year. Including the salvage value of the turbines, the final production cost
was approximately $23/megawatt hour. Currently, there are discussio ns underway to
develop a project to install two new turbines at the Springview site.
Ainsworth Project:
In addition to NDWG, Grand Island is also a participant in the Ainsworth Wind Energy
Farm (AWEF) near Ainsworth, NE. This facility was constructed in 2005 and consists of
thirty-six 1.65 megawatt turbines for a total project output of 59.4 megawatts. Grand
Island has a one megawatt participation level in AWEF. AWEF is another joint project
that is operated by Nebraska Public Power District, and includes participation by Omaha
Public Power District, the Municipal Energy Agency of Nebraska, Grand Island Utilities,
and JEA of Jacksonville, Florida. Since the start of AWEF, Grand Island has received an
average of 293 megawatt hours of energy per month. This is enough energy to supply
approximately 293 houses for one month. Currently, the total production cost of power
received from AWEF is in the $45 to $55 per megawatt hour range.
Elkhorn Ridge Wind Farm:
On March 16th, 2009, Grand Island began receiving power from the Elkhorn Ridge Wind
Farm located near Bloomfield, Nebraska. Grand Island Utilities receives 1.25% of the
output of this facility. Grand Island has received an average of 186 megawatt hours of
energy per month. This is a privately owned facility with power purchase agreements in
place for the energy produced.
Discussion
The use of fossil fuels for electricity production is coming under increasing scrutiny at
the national level and more restrictions and regulations are likely to be placed upon fossil
fuels, particularly coal. With the City’s primary energy supply being produced from coal,
the overall rate impact from a carbon emission tax or other environmental regulations
could be significant.
It is the recommendation of City Administration that the Utilities Department stay
involved with the various renewable energy projects as they develop in the state. Two
additional projects are in the evaluation stage of development for completion in the near
future. The two new projects include a proposed 80 megawatt facility near Petersburg,
NE and an 80 megawatt facility near Broken Bow, NE. Grand Island staff has had
preliminary discussions with NPPD and other potential participants in the development of
these facilities. The parties proposing to construct these facilities wish to maintain
confidentiality concerning the details of the engineering design and financing of the
project. To that end, the attached Confidentiality Agreement is required of parties
interested in continuing participation in project development.
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 a future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Confidentiality Agreement be signed to allow
continued involvement in the two proposed wind energy facilities in Nebraska.
Sample Motion
Move to approve the Confidentiality Agreement with Midwest Wind Energy
Development Group.
1
CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement (the "Agreement"), dated as of October 27, 2009, is entered into by and
between Midwest Wind Energy Development Group, on behalf of itself and its subsidiaries ("Midwest Wind”)
and City of Grand Island ("Grand Island") (each, a “Party”, and collectively, the “Parties”).
WITNESSETH:
WHEREAS, the Parties wish to enter into discussions either directly, or indirectly through Nebraska Public
Power District (“NPPD”), concerning the purchase and sale of renewable energy from one or more wind power
projects to be contracted with NPPD on a long term power purchase agreement (the “Potential Transaction”).
Therefore, Midwest Wind will provide to Grand Island either directly, or indirectly through NPPD, and Grand
Island will provide to Midwest Wind, certain information that is either non-public, confidential or proprietary in
nature.
NOW THEREFORE, for good and valuable consideration, including Midwest Wind's provision of such
information to Grand Island, and Grand Island’s provision of such information to Midwest Wind, the Parties
agree as follows:
1. This Agreement shall cover any information (the "Information") provided by either Party (“Disclosing
Party”) to the other Party (“Receiving Party”) regarding the Potential Transaction, including, without
limitation, information with regard to current or projected assets, business strategies or projected
financial information. Analyses, presentations or other materials prepared by a Party regarding the
Potential Transaction shall be deemed to be Information provided by the other Party to the extent they
contain Information provided by the other Party. Neither Party is obligated under this Agreement to
provide Information to the other Party.
2. A Receiving Party may transmit the Information it received from the Disclosing Party to its subsidiaries
and their respective employees, agents, partners, lenders, officers, directors and advisors (including,
without limitation, attorneys, accountants, consultants and rating agencies) (“Representatives”) provided
such Representatives (i) need to know the Information for the sole purpose of evaluating the Potential
Transaction and (ii) will preserve the confidentiality of the Information in accordance with the terms and
provisions of this Agreement.
3. Unless otherwise agreed to herein, a Receiving Party shall not, unless authorized by the Disclosing
Party, (i) distribute or disclose to any person, firm, entity, or corporation (other than its Representatives)
any of the Information provided by the Disclosing Party (ii) permit any third party (other than its
Representatives) to have access to such Information; or (iii) use such Information for any purpose other
than for the purpose of pursuing the activities as contemplated herein.
2
4. In the event that a Receiving Party is requested in any proceeding to disclose any Information provided
by a Disclosing Party, the Receiving Party will, to the extent permitted by law, give the Disclosing Party
prompt notice of such request so that the Disclosing Party may seek an appropriate protective order,
including any appeals at the expense of the Disclosing Party. If, in the absence of a protective order, the
Receiving Party is nonetheless advised by its counsel reasonably that disclosure of the Information is
required, the Receiving Party may disclose such Information without liability hereunder, provided that
the Receiving Party promptly notifies, to the extent permitted by law, the Disclosing Party of any such
disclosure.
5. This Agreement shall not restrict the release of any Information that the receiving Party can demonstrate:
a. has come within the public domain and is readily available through no fault or action by the receiving
Party; or
b. was readily and lawfully available to the receiving Party on a non-confidential basis prior to the
disclosure hereunder to the receiving Party; or
c. was developed independently by the receiving Party without reliance on the Information.
6. This Agreement does not obligate either Party to enter into any further agreements. This Agreement is
not intended to create, and shall not be construed to create a partnership or other binding legal
obligations between the Parties except with respect to the confidentiality of the Information as described
herein.
7. All parties hereto agree that money damages would not be a sufficient remedy for any breach of this
Agreement and that a disclosing party shall be entitled to injunctive or other equitable relief to remedy or
prevent any breach or threatened breach of this Agreement. Such remedy shall not be the exclusive
remedy for any breach of this Agreement, but shall be in addition to all other rights and remedies
available at law or in equity. In the event of litigation or arbitration relating to this Agreement, if a court
or arbitration panel of competent jurisdiction determines that a receiving party has breached this
Agreement, such party shall be liable to the disclosing party for the amount of the reasonable legal fees
incurred in connection with such litigation, including any appeal therefrom.
8. The Parties agree that if any provision of this Agreement is found to be unenforceable, the remaining
provisions shall remain in full force and effect.
9. Any amendment to this Agreement must be in writing and approved by both Parties.
10. This Agreement shall be governed by the laws of the state of Nebraska, without giving effect to the
provisions thereof relating to conflict of laws.
3
11. This Agreement shall be binding on all successors and assigns of each of the Parties and shall inure to
the benefit of the respective successors and assigns of each Party. Nothing in this Agreement shall be
deemed to create rights in or benefits for any third parties, however, no assignment, sale, or
encumbrance of either Party’s position with regard to this Agreement shall be made without the prior
written approval of the other Party.
12. Titles or captions of paragraphs or subparagraphs contained in this Agreement are inserted only as a
matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of
this Agreement or the intent of any provision hereof.
13. All notices with regard to this Agreement should be forwarded, if intended for Midwest Wind, to:
Midwest Wind Energy Development Group, LLC
Attn: Stefan A. Noe
Address : 211 E. Ontario Street, Suite 1720
Chicago, IL 60611
Telephone: (312) 787-6080
Fax: (312) 787-6096
e-mail: noe@midwestwind.com
If intended for Grand Island, to:
City of Grand Island
Attn: Travis Burdett, Assistant Utilities Director
Address : P.O. Box 1968
Grand Island, NE 68802-1968
Telephone: (308) 385-5466
Fax: (308) 385-5449
14. This Agreement may be signed in counterpart, each of which when taken together shall constitute one
and the same instrument.
15. The terms and conditions and the existence of this agreement shall remain confidential unless and until
mutually agreed otherwise by the Parties.
16. This Agreement shall expire two years from the date hereof.
17. This Agreement contains the entire agreement of the parties hereto with respect to its subject matter.
4
18. Notwithstanding any other provision contained herein, each Party (and their respective Representatives)
may disclose to any persons, without limitation of any kind, the tax treatment and tax structure of the
transaction and all materials of any kind (including opinions and other tax analyses) that are provided to
the taxpayer relating to such tax treatment and tax structure; provided that, with respect to any
document or similar item that contains information concerning the tax treatment or tax structure of the
transaction as well as other information, this sentence shall only apply to such portions of the document
or similar item that relate to the tax treatment or tax structure of the transactions, and provided further,
that each Party recognizes that the obligation or privilege each has to maintain, in its sole discretion, the
confidentiality of a communication relating to the transaction, including a confidential communication with
its attorney or a confidential communication with a federally authorized tax practitioner under Section
7525 of the Internal Revenue Code, is not intended to be affected by the foregoing. To the extent not
inconsistent with the immediately preceding sentence, neither Party may disclose (except as required by
law or pursuant to the tax shelter regulations under Internal Revenue Code sections 6011, 6111 or
6112) to any person or entity (other than its Representatives) (a) the existence and status of any ongoing
negotiations between the Parties concerning a possible transaction; (b) any specific pricing information in
connection with the transaction; (c) any of the specific properties or assets involved in the transaction
(other than generic properties or assets relating to the structure of the transaction) and (d) the identity of
any participants in the transaction.
19. Within a reasonable time following the receipt of a written request from the Disclosing Party, the
Receiving Party shall deliver to the Disclosing Party or destroy all Information the Receiving Party
received from the Disclosing Party, together with a certificate attesting to such return or destruction if so
requested by the Disclosing Party.
20. Any waiver shall be only effective for the particular instance for which it is granted and shall not
constitute a waiver of a subsequent occurrence of the waived event nor constitute a waiver of any other
provision hereof, at the same time or subsequently.
5
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by its
respective duly authorized representative as of the date first noted above.
Midwest Wind Energy Development Group, LLC
By: _______
Name: Stefan A. Noe
Title: President
City of Grand Island
By:
Name: Margaret Hornady
Title: Mayor
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-279
WHEREAS, since 1998, the Grand Island Utilities Department has participated in Wind
Turbine Electric Generation Projects to secure the most cost effective form of renewable energy; and
WHEREAS, it is in the best interests of the City to continue participation of various
renewable energy projects as they develop; and
WHEREAS, two additional projects are in the evaluation stage of development for
completion in the near future; and
WHEREAS, in order to secure the information exchanged, and to comply with the National
Electric Reliability Council’s standards prohibiting the disclosure of information that may be used to gain an
unfair advantage in electric power markets, it is recommended that a confidentiality agreement be entered
into between the parties; and
WHEREAS, the confidentiality agreement would authorize NPPD, the City’s Utility
Department and Midwest Wind Energy Development Group to disclose to one another as well as their
Reliability Coordinator, as required under applicable National Electric Reliability Council reliability
standards, real-time power system reliability data for all points; and
WHEREAS, the proposed agreement has been reviewed and approved by the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Confidentiality Agreement between the City of
Grand Island, Nebraska Public Power District and Midwest Wind Energy Development Group is hereby
approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City
of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2009-280 - Approving Disbursement of Donated Items for the
Heartland Public Shooting Park from Hornady Manufacturing
Tuesday, October 27, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park & Recreation Director
Meeting: October 27, 2009
Subject: Disbursement of Donated Funds
Item #’s: G-9
Presenter(s): Steve Paustian, Park & Recreation Director
Background
As part of the development of the shooting programs at the Heartland Public Shooting
Park (HPSP) it was determined that loaner 22 cal. rifles and pistols need to be provided at
the HPSP. These loaner guns could be use in both open shooting and league events.
Discussion
Hornady Manufacturing agreed to pay for approximately $2,500.00 worth of firearms
with the understanding that donated funds provided by other HPSP users would
reimburse Hornady for $1,913.58 of the total cost. Those funds have been collected and
deposited in a City account. Procurement rules do not allow the issuance of a purchase
order for this reimbursement. The City can reimburse Hornady with the donated funds
through the claims process. To this end a request is presented to Council to allow
payment of this claim.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution authorizing the
payment of the claim to Hornady Manufacturing.
Sample Motion
Move to approve the resolution authorizing the City to pay the claim in the amount of
$1,913.58 to Hornady Manufacturing.
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-280
WHEREAS, Hornady Manufacturing purchased $2,500.00 worth of weapons for the
Heartland Public Shooting Park; and
WHEREAS, Hornady Manufacturing was to be reimbursed through donated funds for
$1,913.58 of the total cost; and
WHEREAS, the City has received donated funds to reimburse Hornady Manufacturing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bill of $1,913.58 owed to Hornady
Manufacturing be paid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2009-281 - Approving Contract Extension with Olsson Associates
for the Design of the River Way Trail
Tuesday, October 27, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park & Recreation Director
Meeting: October 27, 2009
Subject: Approving Contact Extension with Olsson Associates for
the Design of the River Way Trail
Item #’s: G-10
Presenter(s): Steve Paustian, Park & Recreation Director
Background
On December 20, 2005 the City of Grand Island entered into an agreement with Olsson
Associates to design the Riverway Trail. This design was to be completed by June 30,
2006. Because of approval delays caused primarily by the Army Corp of Engineers the
design was not completed until November 30, 2008.
Discussion
The City has been notified by the Nebraska Department of Roads that an extension to the
Contract design time line was not initiated. It is requesting that the City modify the
existing contract to reflect the actual time the design was finalized. This project is
completed and this is an action required to provide the proper paperwork associated with
the project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution authorizing the
extension of the design contract.
Sample Motion
Move to approve the resolution authorizing the City to extend the completion date for the
design of the River Way trail to November 30, 2008.
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-281
WHEREAS, on December 20, 2005, by Resolution 2005-353, the City Council of
the City of Grand Island approved the proposal to Olsson Associates of Grand Island, Nebraska for the
design of the Riverway Trail; and
WHEREAS, the completion of such project has been delayed due to extensive review by
the Army Corp of Engineers; and
WHEREAS, Olsson Associates has requested a contract time extension from June 30,
2006 to November 30, 2008 in order to complete this project; and
WHEREAS, the Parks & Recreation Department supports such contract time extension.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for the design of the Riverway
Trail is hereby extended to November 30, 2008.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such contract time extension on behalf of the City Of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2009-282 - Approving Change Order #1 for Grading
Improvements at the Veterans Field Athletic Complex
Tuesday, October 27, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: October 27, 2009
Subject: Change Order #1 Grading Improvements-Veterans
Athletic Complex
Item #’s: G-11
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
A contract was entered into with Slepicka Construction in the amount of $83,526.25 to
provide grading serviced for the new Veterans Athletic Complex.
Discussion
It was determined that the entire project had to be slid south about 40 ft. to avoid a
conflict with a fiber optics cable already in place on the site. The cost to relocate the
cable would have been over $20,000.00. By moving the development to the south it
became necessary to excavate and place approximately 2,400 additional Cubic Yards of
dirt. A unit price of $1.84 per Cu. Yard was proposed in the original bid. This number
was used to develop the cost of the additional work.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the Postpone the issue to future date
3. Take no issue to a Committee
4. action on the issue
Recommendation
City Administration recommends that the Council approve the change order in the
amount of $4,416.00.
Sample Motion
Move to increase the amount of the contract to Slepicka Construction in the amount of
$4,416.00.
Approved as to Form ¤ ___________
October 22, 2009 ¤ City Attorney
R E S O L U T I O N 2009-282
WHEREAS, on September 8, 2009 by Resolution 2009-221, the City Council of the City
of Grand Island awarded the Slepicka Construction Company, of Dorchester, Nebraska, the bid in the
amount of $83,526.25, for the Grading Improvements at the new Veterans Athletic Field Complex; and
WHEREAS, it has been determined that modifications to the work to be performed by
Slepicka Construction Company are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, the result of such modifications will increase the contract amount by
$4,416.00 for a revised contract price of $87,942.25.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City of Grand Island and the Slepicka Construction
Company of Dorchester, Nebraska to provide the modifications set out as follows:
Additional dirt embankment needed to complete project ……….………………………..$4,416.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2009-283 - Approving Hazard Mitigation Grant Application for
Sirens
Tuesday, October 27, 2009
Council Session
City of Grand Island
Staff Contact: Jon Rosenlund
City of Grand Island City Council
Council Agenda Memo
From: Jon Rosenlund, Emergency Management Director
Meeting: October 27, 2009
Subject: Hazard Mitigation Grant - Sirens
Item #’s: G-12
Presenter(s): Jon Rosenlund, Emergency Management Director
Background
Hall County Emergenc y Management operates and maintains 38 outdoor warning sirens
to alert the public of dangerous weather and other hazards. The vast majority of these
devices (27 remaining) were installed between 1979 and 1981. These devices have an
anticipated life span of 30 years, and existing sirens are already failing at a rate of almost
1-2 annually over the past few years.
Unfortunately, many repair parts are no longer available for these older models. Sirens
which fail are replaced at significant cost on a case-by-case basis. In the past, the
Emergency Management Department has planned to replace two sirens a year, as
necessary. However, the department anticipates a windfall of future siren failures as these
devices reach and exceed their 30-year life-span. Local funds are not likely to be
sufficient to keep up with the anticipated number of replacements needed.
Discussion
The FEMA Hazard Mitigation Grant Program (HMGP) provides grants to States and
local governments to implement long-term hazard mitigation measures after a major
disaster declaration. The purpose of the HMGP is to reduce the loss of life and property
due to natural disasters and to enable mitigation measures to be implemented during the
immediate recovery from a disaster. The HMGP is authorized under Section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act.
The HMGP Grant funds up to 75% of approved projects with a local match of 25%. The
Department has funds budgeted for one siren in Capital Outlay and plans to use these
funds as the 25% matching funds.
The Emergency Management Department, working with NEMA, has completed a grant
application (on file in the City Clerk’s office) to install twelve (12) sirens, four at a time,
over a period of three years to meet this looming problem. Eleven (11) of the new sirens
will replace older models while one will be installed as an expansion to the current
system (see table below). Siren replacement costs are typically $14,000 to 15,000 for
each device. Sirens will be installed in the communities of Grand Island, Wood River,
Alda, Cairo, and Doniphan.
Each of these new sirens have a considerably larger effective radius of 70dB estimated at
6200 feet in all directions. Sirens listed to be replaced have much smaller radii, such as
1600 feet. This will allow fewer sirens serve the community and can lead to lower utility
costs over the long term (see attached pdf map).
Hall County Siren Installation List
Siren # Description Installed
Year
Latitude /
Longitude
Current 70dB
Radius (ft)
New 70dB
Radius (ft)
1 Alda, Village of North - Vine Street -
North of Highway 30 1981 N40 52.227
W98 28.054 1600 6200
3
Cairo, Village of - 300 South High St.-
Behind Senior Citizen Center 1981
N41 00.023
W98 36.474 1600 6200
4 Doniphan, Village of - Fire Station 1981
N40 46.406
W98 22.181 1600 6200
5
Wood River - Central - 100 West 10th
St - Fire Station 1979
N40 49.297
W98 36.123 3200 6200
13
Anna & Broadwell - 1700 Block of
West Anna (Alley City Property) 1981
N40 54.724
W98 21.189 3200 6200
15
Ryder Park - 2700 West North Front
St 1979
N40 55.221
W98 22.327 3200 6200
16
3436 South Locust - Across from
Walmart 1981
N40 53.138
W98 20.398 1600 6200
18
4th Street & Congdon - 1500 E 4th
St. 1981
N40 56.088
W98 19.603 3200 6200
19
1800 Block of N Hancock
(Just North of Kingston & Hancock) 1981
N40 56.238
W98 22.409 3200 6200
27
Highway 281 & Capital Avenue
Northwest Corner 1981
N40 56.803
W98 23.038 1600 6200
31
Starr School - 315 Wyandott - On
School Property
N40 53.858
W98 20.451 1600 6200
New
US 281 & Wood River Road
(I-80 /Mormon Island Campground) N/A TBD N/A 6200
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 grant application for
sirens.
Sample Motion
Move to approve the grant application.
Locust St SUS Highway 281 NStuhr Rd SCapital Ave E
US Highway 30 W
Capital Ave W
Engleman Rd NUS Highway 281 SBroadwell Ave NNorth Rd NU S H ighw ay 30 EShady Bend Rd SStolley Park Rd WCuster Ave NBismark Rd E2nd St W
E
d
dy St N
Anna St W
Engleman Rd SHusker HwyOld Highway 30 W
US Highway 34 W
S
yc
a
m
ore St N13th St W
Nebraska Highway 2 W
North Rd SOld Highway 2 W
Old Potash Hwy W
Stolley Park Rd E
State St W
Bla
in
e
S
t NWaln
ut S
t
S
US Highway 281 SUS Highway 30 ENorth Rd SUS Highway 281 SHusker Hwy
9
8
7
38
37
36
35
34
33
32
31
30
292827
26
25
24
23
22
21
20
19 18
17
16
15
13
12
11
10
60th Rd SWildwood Dr WAlda Rd SSaturn StApollo AveFront St W
Vine St US Highway 30 W
Elm St
3rd St W
M
yrtle St
Pine St W
Schimmer Dr W
Mars StMulberry StRailroad StWest Venus StSolar St4th St WStellar StSchimmer Dr W
Alda Rd S2
1
150th Rd SU S H ighw ay 3 0 W
Wood River Rd W
East St140th Rd SOld M ilitary RdSchultz Rd W West StDodd StLilley StWalnut StTwelfth St E
R a ilro a d S tNinth St W
Green St W
Ninth St E
Schultz Rd W
6
5 130th Rd NNebraska Highway 2 W
One-R Rd W
High StB irdie B lvdH il l s i d e Dr
Nebraska 11 Highway NSaid StSuez StBerber StThebe StNubia St SAlexandria StHarb RdSycamore StKansas St E
Ingalls RdTurner Ln3
Hilltop RdUS Highway 281 SCedarview Rd W
Platte River Dr Nine Bridge RdLowry Rd W
Sonja DrFirst St NPine St WLillian LnFourth St NSecond St NGraham RdSunset DrUS Highway 281 S4
14
AldaWood River
CairoDoniphan Grand Island
Year
1979 - 1981
1991 - 1999
2000 - 2009
Installed Buffer Distance
6200
3200
1600
800
Feet
Feet
Feet
Feet
AmickAcres
Approved as to Form ¤ ___________
October 23, 2009 ¤ City Attorney
R E S O L U T I O N 2009-283
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local
government authorized to file an application through the Federal Emergency Management Agency and
Nebraska Emergency Management Agency for a Hazard Mitigation Program Grant; and
WHEREAS, the Federal Emergency Management Agency and Nebraska Emergency
Management Agency are presently accepting grant applications for hazard mitigation; and
WHEREAS, a grant application has been prepared to request funding to conduct an
Outdoor Warning Siren Replacement and Installation Project for the City of Grand Island and other Hall
County Communities; and
WHEREAS, a $180,000 grant is being requested to fund the program, and
WHEREAS, the required 25% cash match of $15,000 will be provided by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City of Grand Island, Nebraska is hereby authorized to apply for financial assistance
from the Federal Emergency Management Agency and Nebraska Emergency Management
Agency for the purpose of conducting a Outdoor Warning Siren Replacement and
Installation Project for the City of Grand Island and other Hall County Communities; and.
2. The Mayor is hereby authorized and directed to execute such grant application and other
documentation on behalf of the City of Grand Island for such grant process.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Item I1
#2009-284 - Approving the Adoption of the Resolution to Comply
with Local Public Agency Guidelines Manual
Tuesday, October 27, 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: October 27, 2009
Subject: Approving the Adoption of the Resolution to Comply
with Local Public Agency Guidelines Manual
Item #’s: I-1
Presenter(s): Steven P. Riehle, Public Works Director
Background
Grand Island is a Local Public Agency (LPA) in the State of Nebraska receiving federal
transportation funding from the Federal Highway Administration (FHWA). FHWA
federal transportation funds are limited to Roadway, Bridge, and Trail Projects. As a sub-
recipient of federal transportation funding, the City of Grand Island is charged with the
responsibility of spending these funds in accordance with Federal and State law.
The NDOR administers federal transportation funds to the LPAs as an agent of the
FHWA. The reporting requirements and regulatory scrutiny associated with federal
transportation funding has heightened under the passage of the American Recove ry and
Reinvestment Act (ARRA) for stimulus spending. The conditions for spending and
receiving federal transportation funds are detailed in the recently updated and revised
"LPA Guidelines Manual" authored by the Nebraska Department of Roads (NDOR).
Failure to comply could result in the City of Grand Island being required to repay some
or all the federal transportation funds expended for a project or projects. The LPAs will
be required to have an in-house Responsible Charge (RC) employee that will manage the
administration of each project for the LPA to assure all regulatory requirements are being
met. The City presently has Manager of Engineering Services, Dave Goedeken, as a
Responsible Charge on staff and who has been Certified by the NDOR.
Discussion
Federal transportation funds are presently being utilized, or are projected to be utilized,
on several projects in Grand Island. The federal transportation funds can be utilized for
Preliminary Engineering, Environmental Submittals, Right of Way Acquisition, Utility
Relocations, Project Construction, etc. The City presently receives approximately one
million dollars per year in federal transportation funds money. Federally funded
transportation projects presently in the system are listed below:
· South Locust Street Widening (Completion of 4 lanes north of I-80)
o Status: Preliminary Engineering Design submitted to NDOR
· Walk to Walnut (Safe Routes to School Project)
o Status: Preliminary Engineering Design
· Capital Avenue (widening from Carleton Avenue to Webb Road)
o Status: Under Construction
· Wasmer Detention Cell (Storm Sewer Pipes from US Highway 30 to cell)
o Status: Preliminary Engineering Design
These projects are presently being administered using the requirements of the LPA
Guidelines Manua l. To minimize the risk of losing federal funds on projects, the NDOR
has determined that all future federal aid projects be let through their letting system and
the contracts will be administered through the NDOR. The LPAs will work in
cooperation with the NDOR to assure the regulatory and reporting requirements are being
met.
The NDOR has stipulated that LPAs receiving federal transportation funds adopt a
resolution agreeing to comply with the requirements of the LPA Guidelines Manual,
specifically for the following procedures:
· Consultant selection process
· National Environmental Policy Act (NEPA)
· Uniform Relocation Assistance and Real Propety Acquisition Policies Act
(Uniform Act)
· Financial Management Systems (certification attached to resolution)
Passing the resolution will cause the City to adopt and bind itself to comply with all
applicable federal laws including rules and regulations of the FHWA and the LPA
Guidelines Manual of the NDOR.
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 adoptio n of the resolution,
agreeing to comply with the requirements of the LPA Guidelines Manual and authorize
the City’s Finance Director to sign the Financial Management Systems Certification.
Sample Motion
Move to approve the adoption of the resolution and authorize the City Treasurer/Finance
Director to sign the Financial Management Systems Certification.
RESOLUTION 2009-
COMBINED CONSULTANT SELECTION, NEPA, UNIFORM ACT, SIGNING OF THE
FINANCIAL MANAGEMENT SYSTEMS CERTIFICATION
City of Grand Island
Resolution No. ___________
WHEREAS: Certain transportation facilities (roads, streets, trails, and others) in the CITY
OF GRAND ISLAND have been designated as being eligible for federal funds by the Federal
Highway Administration in compliance with federal laws pertaining thereto; and
WHEREAS: The CITY OF GRAND ISLAND desires to continue to participate in Federal-
Aid transportation construction programs; and
WHEREAS: The Nebraska Department of Roads as a recipient of said Federal funds is
charged with oversight of the expenditures of said funds; and
WHEREAS: The CITY OF GRAND ISLAND as a sub-recipient of said Federal-Aid
funding is charged with the responsibility of expending said funds in accordance with Federal and
State law, the rules and regulations of the Federal Highway Administration, the requirements of
the Local Public Agency (LPA) Guidelines Manual of the Nebraska Department of Roads,
including the Consultant Selection process as stated in the LPA Guidelines Manual, the National
Environmental Policy Act (NEPA), the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (Uniform Act) and the maintaining of adequate Financial Management
Systems; and
WHEREAS: The CITY OF GRAND ISLAND understands that the failure to meet all
requirements for federal funding could lead to a project(s) being declared ineligible for federal
funds, which could result in the CITY OF GRAND ISLAND being required to repay some or all of
the federal funds expended for a project(s).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA, that it adopts and binds itself to comply with all applicable
federal law, including the rules and regulations of the Federal Highway Administration, all
applicable state law and rules and regulations (Nebraska Administrative Code) and the
requirements of the LPA Guidelines Manual of the Nebraska Department of Roads, including the
consultant selection process as stated in the LPA Guidelines Manual, the National Environmental
Policy Act (NEPA), the Uniform Relocation Assistance and Real Property Acquisition Policies Act
(Uniform Act) and the maintaining of adequate Financial Management Systems.
BE IT FURTHER RESOLVED: The Mayor and Council CITY OF GRAND ISLAND does
hereby designate the following as responsible for the management of the following processes:
Consultant Selection process: Public Works Director and
Manager of Engineering Services
The National Environmental Policy Act (NEPA): Public Works Director and
Manager of Engineering Services
The Uniform Relocation Assistance
and Real Property Acquisition Public Works Director and
Policies Act (Uniform Act): Manager of Engineering Services
The following individual is hereby
authorized to sign the Financial
Management Systems Certification
attached to this Resolution: Mary Lou Brown, City Treasurer/
Finance Director
Adopted by the City Council of the City of Grand Island, Nebraska, October 27, 2009.
The City Council of the CITY OF GRAND ISLAND
Jose Zapata Robert Niemann
Peg Gilbert Scott Dugan
Kirk Ramsey Robert Meyer
Larry Carney Mitch Nickerson
Chuck Haase John Gericke
Council Member________________________________
Moved the adoption of said resolution
Member ___________________ Seconded the motion
Roll Call: ___Yes ___No ___Abstained ___Absent
Resolution adopted, signed and billed as adopted
____________________________________
Margaret Hornady, Mayor
Attest:
_________________________________________
RaNae Edwards, City Clerk
LOCAL PUBLIC AGENCY (LPA)
FINANCIAL MANAGEMENT SYSTEMS CERTIFICATION
Name of Local Public Agency CITY OF GRAND ISLAND
Date: October 27, 2009
The above-named local public agency (LPA) certifies that the financial management
systems and procedures used by them meet all requirements set forth by the Nebraska
Department of Roads (NDOR) and the Federal Highway Administration (FHWA), and are
sufficient to satisfy all applicable financial management system standards set forth in 49 CFR
Part 18, Uniform Administrative Requirements for Grants & Cooperative Agreements to State &
Local Governments, and all the requirements set out on the attachment to this certification
document.
By signing this document, the above-named LPA certifies that the local systems and
procedures provide an accurate representation of the financial transactions associated with
Federal-aid projects, and that financial records are maintained for subsequent audit purposes. In
the event the LPA determines that a financial transaction is not accurately shown on the LPA’s
financial records, the LPA agrees to notify the NDOR and FHWA and disclose and correct the
details of that financial transaction. Further, if it is determined that the LPA’s systems are no
longer compliant with all requirements of the first paragraph of this certification then the LPA will
modify their system(s) to make them compliant and submit a new certification to NDOR.
The person signing below hereby certifies that he or she is duly authorized to sign this
document and that the statements contained herein are true and correct to the best of his or her
knowledge and belief. This certification is submitted with an attached resolution of the governing
board or council of the LPA authorizing the following individual to sign this document.
LPA’s Authorized Representative
___Mary Lou Brown_____________ ____________________________ __________
(Print Name) (Signature) (Date)
STATE OF NEBRASKA )
)ss.
COUNTY OF _________ )
Subscribed, sworn to and acknowledged before me by ______________________,
this day _______ day of ______________, 2009
SEAL
_____________________________
Notary Public
NDOR conditionally accepts this certification pending successful completion of an audit by NDOR
verifying the statements contained herein.
NDOR ____________________________ ______________
Controller Division Head Date
NDOR ____________________________ ______________
Local Projects Division Head Date
LOCAL PUBLIC AGENCY (LPA)
FINANCIAL MANAGEMENT SYSTEMS CERTIFICATION
ATTACHMENT
Name of Local Public Agency THE CITY OF GRAND ISLAND
Date: October 27, 2009
Additional Financial Management System Requirements
A. The LPA is responsible for maintaining an adequate financial management system and
will immediately notify the NDOR when the LPA can no longer comply with the
requirements established below.
B. The LPA’s financial management system shall provide for:
Financial Reporting: The LPA must maintain accurate, current and complete disclosure of
the results of the financial audits of Federal financially-assisted activities in conformity with
generally accepted principles of accounting, and reporting in a format that is in
accordance with the financial reporting requirements of the Federal-aid program.
Accounting Records: The LPA must maintain records that adequately identify the source
and application of funds for Federal financially-assisted activities. These records must
contain information pertaining to Federal financial assistance and authorizations, project
expenditures to date and the project funds remaining and available to pay for future
expenditures. The LPA agrees to grant NDOR and FHWA access to these records
immediately upon request.
Internal Control: The LPA must maintain effective internal and accounting controls over
all funds, property and other assets. The LPA shall adequately safeguard all such assets
and assure that they are used solely for authorized purposes.
Budget Control: The LPA will maintain records for Federal financial assistance that
compares actual expenditures or outlays with budgeted amounts. Financial information
must be related to performance and productivity data including the development of unit
cost information.
Allowable Cost: The LPA must have procedures for determining whether costs are
reasonable, allowable, and allocable; consistent with State and Federal requirements.
Source Documentation: The LPA must maintain, or cause to maintained, the source
documentation for its accounting records.
C. The NDOR will periodically review the adequacy of the financial management system of
any applicant for financial assistance, as part of a pre-award review or at any time during
the Federal–aid project. If NDOR determines that the LPA's accounting system does not
meet the standards described in paragraph B above, the NDOR will require remedial
action by the applicant to maintain eligibility for federal assistance. Failure to comply with
any requirements imposed by the NDOR may result in sanctions as identified in
Chapter 15 of the LPA Guidelines Manual.
Item J1
Approving Payment of Claims for the Period of October 14, 2009
through October 27, 2009
The Claims for the period of October 14, 2009 through October 27, 2009 for a total amount
of $4,489,994.92. A MOTION is in order.
Tuesday, October 27, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item J2
Approving Payment of Claims for the Period of October 14, 2009
through October 27, 2009 for the Veterans Athletic Field Complex
The Claims for the Veterans Athletic Field Complex for the period of October 14, 2009
through October 27, 2009 for the following requisitions.
#5 $25,504.00
A MOTION is in order.
Tuesday, October 27, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item J3
Approving Payment of Claims for the Period of October 14, 2009
through October 27, 2009 for the State Fair Recreation Building.
The Claims for the Period of October 14, 2009 through October 27, 2009 for the State Fair
Recreational Building for the following requisitions.
#5 $26,028.80
#6 $120,105.61
Total: $146,134.41
A MOTION is in order.
Tuesday, October 27, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council