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11-10-2009 City Council Regular Meeting PacketCity of Grand Island Tuesday, November 10, 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 C1 Proclamation "National Adoption Month" November, 2009 There are an estimated 130,000 children in the United States in the foster care system, some of which live in Grand Island. By December 2009, twenty-four children in Grand Island, Hall County who are in foster care will finalize adoption. Mayor Hornady has proclaimed the month of November, 2009 as "National Adoption Month" and would encourage citizens to help secure permanent, loving homes for each and every child in Grand Island, See attached PROCLAMATION. Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C2 Presentation of the Law Enforcement Memorial to the City of Grand Island The Nebraska Law Enforcement memorial was built and dedicated in Grand Island on May 11, 2009 on city property near Fire Station #1. The memorial was in the planning and fundraising stages for over 14 years. At the dedication, led by Governor Heineman and Attorney General Bruning, the names of 130 officers from across Nebraska were read onto the wall for the family members and officers present. The memorial was designed by Davis Design of Lincoln, led by Lynn Jones and constructed by Kingery Construction led by Ed Zastera. The memorial cost over $400,000 to construct and is a fitting tribute to our fallen officers and the families that lost loved ones. Today, we are proud that the memorial is 100% paid off and debt free. With that in mind, we are living up to our end of the initial agreement and donating the memorial to the City of Grand Island. The memorial will also be a part of the new State Fair. Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item E1 Public Hearing on Request from Firehouse Bar, Inc. dba The Firehouse Bar, 418 West 4th Street for an Addition of a Beer Garden to Class “C-86044” Liquor License Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 11, 2009 Subject: Public Hearing on Request from Firehouse Bar, Inc. dba The Firehouse Bar, 418 West 4th Street for an Addition of a Beer Garden to Class “C-86044” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Firehouse Bar, Inc. dba The Firehouse Bar, 418 West 4th Street has submitted an application for a Beer Garden, an addition to their Class “C-86044” Liquor License. The request includes an area of approximately 11’ x 77’ to be added to the east side of the existing building. (See attached drawing.) Discussion Chapter 2, Section 012.07 of the Nebraska Liquor Control Commission Rules and Regulations define “Beer garden” as “an outdoor area included in licensed premises, which is used for the service and consumption of alcoholic liquors, and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises, and preventing the passing of alcoholic liquors to persons outside the premises” City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, and Health Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Cont rol Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the request for an 11’ x 77’ Beer Garden addition to Firehouse Bar, Inc. dba The Firehouse Bar, 418 West 4th Street, Liquor License “C-86044” contingent upon final inspections. Item E2 Public Hearing on Request from Skagway Discount Dept. Stores, Inc. dba Skagway Discount Dept. Stores, 1607 South Locust Street for a Catering Addition to Class “C-60081” Liquor License Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 10, 2009 Subject: Public Hearing on Request from Skagway Discount Dept. Stores, Inc. dba Skagway Discount Dept. Stores, 1607 South Locust Street for a Catering Designation to Class “C-60081” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Skagway Discount Dept. Stores, Inc. dba Skagway Discount Dept. Stores, 1607 South Locust Street has submitted an application for a catering designation to their Class “C- 60081” Liquor License. This request would allow Skagway Discount Dept. Store to deliver, sell or dispense alcoholic liquors, including beer, for consumption at a location designated on a Special Designated License (SDL). A Special Designated Liquor license is used for special one-day events to cater and serve alcohol at a different location than the original license. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk and Health Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application for a catering designation from Skagway Discount Dept. Stores, Inc. dba Skagway Discount Dept. Stores, 1607 South Locust Street Liquor License “C-60081”. Item E3 Public Hearing on Request from James Fox dba Husker Hut, 1403 South Eddy Street for a Class "I" Liquor License Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 10, 2009 Subject: Public Hearing on Request from James Fox dba Husker Hut, 1403 South Eddy Street for a Class “I” Liquor License Item #’s: E-3 & I-3 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion James Fox dba Husker Hut, 1403 South Eddy Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. The Police Department report (see attached) recommends Council deny this application based on the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) for a false application and Section 53-125 for a person who is not of good character and reputation in the community in which he or she resides. The City Clerk was informed no inspections have been requested by Mr. Fox as required in a letter mailed on October 23, 2009 (see attached). Based on the Grand Island City Code Chapter 4 for failure to request inspections and/or complete interviews it is the recommendation of the City Clerk that Council deny this application. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council deny the application. Sample Motion Move to deny the application of James Fox dba Husker Hut, 1403 South Eddy Street for a Class “I” Liquor License based on the following: 1. False application – Nebraska Liquor Control Act (Part II Chapter 2, Section 010.01) 2. Not of good character and reputation in the community – Nebraska Liquor Control Rules and Regulations Section 53-125 3. Failure to request inspections and/or complete interviews – Grand Island City Code Chapter 4 Item E4 Public Hearing on Request from Julio Melesio dba Copas De Oro, 413 West 4th Street for a Class "C" Liquor License Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 10, 2009 Subject: Public Hearing on Request from Julio Melesio dba Copas De Oro, 413 West 4th Street for a Class “C” Liquor License Item #’s: E-4 & I-4 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Julio Melesio dba copas De Oro, 413 West 4th Street has submitted an application for a Class “C” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. The Police Department report (see attached) through its background investigation and interviews are giving no recommendation for this application. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council make no recommendation with stipulations of the application. Sample Motion Move to make no recommendation of the application for Julio Melesio dba Copas De Oro, 413 West 4th Street for a Class “C” Liquor License with the stipulation that Mr. Melesio completes a state approved alcoho l server/seller training program before a license is issued. Item E5 Public Hearing Concerning Acquisition of Utility Easement - Hall County Livestock Improvement Association - State Fair Buildings at Fonner Park Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: November 10, 2009 Subject: Acquisition of Utility Easement – Hall County Livestock Improvement Association – New State Fair Buildings at Fonner Park Item #’s: E-5 & G-6 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Hall County Livestock Improvement Association, located at Fonner Park, in the City of Grand Island, Hall County, in order to have access to install, maintain, repair and replace water mains, storm drains, sanitary sewers, public utilities and appurtenances and other utility facilities over and across and operate thereon. Acquisition of easements for electrical utilities will be brought forth at a future time. Discussion This easement will be used to place public water and sewer lines to serve the new State Fair buildings. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement. Sample Motion Move to approve acquisition of the Utility Easement. Item G1 Approving Minutes of October 27, 2009 City Council Regular Meeting Tuesday, November 10, 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 27, 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 27, 2009. Notice of the meeting was given in The Grand Island Independent on October 21, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s were present: Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, Zapata, and Gericke. Councilmember Meyer 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, Garrett Coble, Jessica Wiens, and Board Member Darren Sanchez . Also mentioned was the CYC 2nd Annual “Create Your Community” Art Contest on November 21 and 22. Mayor Hornady commented that the City of Grand Island recently received from Governor Heineman the “Governor’s Award of Excellence in Wellness”. Human Resources Director Brenda Sutherland and Human Resources Specialist Tami Herald were recognized for their efforts in the City receiving this award. PUBLIC HEARINGS: 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. Chad Nabity, Regional Planning Director reported that Josh Rhoades of Horizon Builders had made a request to rezone properties south of Capital Avenue and west of Sky Park Road from M2 Heavy Manufacturing to R3 Medium Density Residential. Mr. Nabity mentioned the airport was planning on extending the runway to the south. Staff recommended approval. Curtis Griess, Hall County Airport Authority Chairman, 26 Kuester Lake spoke in opposition. James Truell representing Procon Properties spoke in support. Mike Olson, Executive Director presented a PowerPoint in opposition showing the future runway extension and grant assurance. Mr. Olson read letters from AOPA and the Federal Aviation Administration opposing this zoning change. Lynne Werner, 717 South Harrison spoke in opposition. No further public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #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 Page 2, City Council Regular Meeting, October 27, 2009 be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Ordinance #9241 related to the aforementioned Public Hearings. Discussion was held regarding surrounding zoning, noise, covenants, and safety concerns. Motion by Gilbert, second by Dugan to approve Ordinance #9241. Upon roll call vote, Councilmember’s Nickerson and Gericke voted aye. Councilmember’s Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, and Zapata voted no. Motion failed. CONSENT AGENDA: Consent Agenda item G-8 was removed for further discussion and a correction to Resolution #2009-283. Motion by Zapata, second by Gilbert to approve the Consent Agenda excluding item G-8 and the correction to Resolution #2009-283. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 13, 2009 City Council Regular Meeting. #2009-273 – Approving EMS Field Training Agreements with McCook Community College, Southeast Community College, Northeast Community College, and Central Community College. #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 with Nebraska Peterbilt of Grand Island, Nebraska in an Amount of $90,737.00. #2009-275 – Approving Bid Award for Downtown Parking Lot Snow Removal Operations for the 2009/2010 Winter Season with A-1 Snow Removal of Grand Island Nebraska for the following Amounts: Trucks - $50.00 per load; Front End Loaders/Tractors - $132.00 per hour; and Tractor with Pull Blade - $330.00 per hour. #2009-276 – Approving Changes to the 2009/2010 Fee Schedule. #2009-277 – Approving Engineering Services for Uranium Removal Methods Evaluation with HDR Engineering, Inc. of Lincoln, Nebraska in an Amount not to exceed $79,704.00. #2009-278 – Approving Bid Award for Tree Trimming Contract 2010-TT-1 with the following: Leetch Tree Service of Grand Island, Sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, & 14 in an Amount of $102,327.00; Asplundh Tree Experts of Fairfax, Iowa, Section 9 in an Amount of $3,649.00; Sheffield Tree Service of Grand Island, Nebraska, Section 13 in an Amount of $4,500.00; and Tom’s Tree Service of Grand Island, Nebraska, Section 15 in an Amount of $1,400.00. #2009-280 – Approving Disbursement of Donated Items for the Heartland Public Shooting Park from Hornady Manufacturing in an Amount of $1,913.58. #2009-281 – Approving Contract Extension with Olsson Associates for the Design of the River Way Hike/Bike Trail. Page 3, City Council Regular Meeting, October 27, 2009 #2009-282 – Approving Change Order #1 for Grading Improvements at the Veterans Field Athletic Complex with Slepicka Construction of Dorchester, Nebraska for an Increase of $4,416.00 and a Revised Contract Amount of $87,942.25. #2009-283 – Approving Hazard Mitigation Grant Application for Outdoor Sirens. #2009-279 – Approving Confidentiality Agreement Between the City of Grand Island, Utilities Department and Midwest Wind Energy Development Group. Discussion was held concerning future wind energy and cost. Motion by Gilbert, second by Carney to approve Resolution #2009-279. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2009-284 – Approving the Adoption of the Resolution to Comply with Local Public Agency Guidelines Manual. Steve Riehle, Public Works Director reported that federal transportation funds are presently being utilized by the City and the City is required by the Nebraska Department of Roads to adopt a resolution agreeing to comply with the requirements of the Local Public Agency Guidelines Manual. Motion by Gilbert, second by Carney to approve Resolution #2009-284. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Ramsey to approve the Claims for the period of October 14, 2009 through October 27, 2009, for a total amount of $4,489,994.92. Unanimously approved. Motion by Dugan, second by Ramsey to approve the Claims for the Period of October 14, 2009 through October 27, 2009 for the Veterans Athletic Field Complex for a total amount of $25,504.00. Unanimously approved. Motion by Dugan, second by Ramsey to approve the Claims for the Period of October 14, 2009 through October 27, 2009 for the State Fair Recreation Building for a total amount of $146,134.41. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of November 3, 2009 City Council Study Session Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION November 3, 2009 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on November 3, 2009. Notice of the meeting was given in the Grand Island Independent on October 28, 2009. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Gericke, Zapata, Ra msey, Dugan, Carney, Haase, Gilbert, Niemann, and Meyer. Councilmember Nickerson was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Public Works Director Steve Riehle, and Finance Director Mary Lou Brown. INVOCATION was given by Mayor Margaret Hornady followed by the PLEDGE OF ALLEGIANCE. Presentation of Web Site Conversion. Wendy Meyer-Jerke, Public Information Officer and Paul Briseno, Assistant to the City Administrator reported that over the past year the city had undertaken measurers to increase communication and responsiveness to residents through expanded use of technology. A new web-site had been developed through Vision Internet which would streamline the internal updating process. Recognized were Kurt Spiehs, Pat Larson, Paul Briseno, and Wendy Meyer-Jerke who worked on the web-site rebuild committee. Presented were new capabilities of the site such as: e-notification tools, ability to produce forms and surveys that citizens could submit online, online polling, an “In the Spotlight” feature on the front page, Emergency Notification, a Document Central location, and a city-all calendar with search options according to departments and categories. It was mentioned that several third party vendors had been incorporated into the new site. The Citizen Request Management System would allow City officials to better analyze needs and trends while increasing the amount of work accomplished by staff. Other features included: automatic reports, customer satisfaction surveys, follow-up communications to citizens, and the Grand Island Video TourBook. The Human Resources Department and Police Department both had interactive new tools in place to help better meet the needs of residents. A demonstration was given of the new website showing easily-accessible online services, timely information updates, and the fresh vibrant look of the new website. Compliments were made by several councilmember’s concerning the great job the committee did and the look of the new site. Discussion was held regarding making this site available on mobile phones. Currently the site does not have this capability, but may in the future. Page 2, City Council Study Session, November 3, 2009 Discussion Concerning Downtown Metered Parking Program. Police Chief Steve Lamken reported that the Police Department does not believe there is a need for metered parking monitoring in downtown Grand Island. The Police Department recommended discontinuing the Metered Parking Program. Chief Lamken stated the need for metered parking was more critical when downtown was the primary retail shopping area in the City. The purpose was to turn over the availability of parking stalls for customers of businesses. The metered parking was based upon parking congestion or the lack of available parking. The current metered parking program was a parking stall rental program and regulation was conducted by monitoring. Currently there is not a problem with congestion of retail customer parking in the Downtown area based upon the Police Department’s study of parking in the area. A PowerPoint presentation was given of the study conducted between September 2008 and January 2009. The following people spoke in opposition of discontinuing the metered parking monitoring in downtown: · Craig Hand, 4220 Calvin Drive · Ray Evans, 4701 West Schimmer Drive · Michael Morledge, 2207 Stagecoach Road · Maudie Walters, #14 Chantilly · Ed Walker, 224 East 19th Street Discussion was held concerning (selective) enforcement, cost, resident/customer/employee- employer parking, fines, rental fees, and where those fees/fines go to. City Attorney Dale Shotkoski explained the fine structure associated with congested parking. Since there was no congestion in the downtown area there was no statutory authority to collect a fee. Mentioned was the difference between on-street parking and off-street parking. Also explained was that fines by law were to be paid to the school district. City Administrator Jeff Pederson commented on the $20.00 parking fee and the possibility of using part of that fee for administration. This was a monitoring program in which costs would increase. Discussion was held on what the BID was doing to help alleviate the problems of employees and employers parking in front of businesses downtown. It was suggested we reassess the parking boundaries and fees and possibly partnership with BID. ADJOURNMENT: The meeting was adjourned at 9:25 p.m. RaNae Edwards City Clerk Item G3 #2009-285 - Approving Special City Council Meeting on December 29, 2009 Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 10, 2009 Subject: Approving Addition of City Council Meeting on December 29, 2009 Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background On October 14, 2008 the City Council approved Resolution #2008-296 setting the City Council Regular Meeting schedule for 2009. Any changes to this schedule need to be approved by the City Council. Discussion The City Council meetings scheduled for December 2009 are scheduled to be held on the 1st and 15th. The first City Council meeting scheduled for 2010 is January 12th. This is almost a month between meetings where no claims can be paid. City Staff recommends the City Council meet in regular session on Tuesday, December 29, 2009 at 5:30 p.m. for the purpose of paying claims. 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 a Regular City Council meeting on Tuesday, December 29, 2009 at 5:30 p.m. Sample Motion Move to approve the addition of December 29, 2009 City Council Regular meeting beginning at 5:30 p.m. Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-285 WHEREAS, on October 14, 2008, by Resolution 2008-296, the City Council approved the meeting dates for city council meetings for calendar year 2008; and WHEREAS, due to length of time from the last meeting scheduled in December 2009 and the first meeting scheduled in 2010, it is necessary to schedule a regular city council meeting on December 29, 2009 at 5:30 p.m. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that an additional regular City Council meeting be scheduled for Tuesday, December 29, 2009 at 5:30 p.m. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2009-286 - Approving Final Plat and Subdivision Agreement for Springdale Third Subdivision Tuesday, November 10, 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: November 10, 2009 Subject: Springdale Third Subdivision – Preliminary Plat/Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located west of North Road and east of Centre Road, this Preliminary and Final Plat proposes to create 17 lots on a tract of land comprising a part of the Southeast Quarter of the Northeast Quarter (SE1/4NE1/4), and a part of Lot One (1), Jeanette Subdivision, all in Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Nebraska. This is approximately 5.886 acres. Discussion The revised preliminary and final plats for Springdale Third Subdivision were considered by the Regional Planning Commission at the November 2, 2009 meeting. A motion was made by Aguilar and seconded by Hayes to approve the plats as presented on the Consent Agenda. A roll call vote was taken and the motion passed with 11 members present (Aguilar, Amick, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, Eriksen, and Snodgrass) voting in favor and one member recused herself prior to discussion, from voting and out of the room, due to conflict of interest (Bredthauer) no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Springdale Third Final Plat Summary Developer/Owner Karen J. Bredthauer 940 S North Road Grand Island NE 68801 To create 17 lots west of North Road and east of Centre Road, in the city of Grand Island, in Hall County, Nebraska. Size: 5.886 acres Zoning: R1 Suburban Residential Road Access: City Roads Water Public: City water is available Sewer Public: City sewer is available Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-286 WHEREAS, Karen J. Bredthauer, a single person being the owner of the land described hereon has caused to be laid out into 17 lots, a tract of land comprising a part of the Southeast Quarter of the Northeast Quarter (SE1/4NE1/4), and a part of Lot One (1), Jeanette Subdivision, all in Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, in Hall County, Nebraska, under the name of SPRINGDALE THIRD SUBDIVISION, and has caused a plat thereof to be acknowledged by her; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SPRINGDALE THIRD SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2009-287 - Approving Final Plat and Subdivision Agreement for Hehnke Acres Subdivision Tuesday, November 10, 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: November 10, 2009 Subject: Hehnke Acres Subdivision – Final Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Stuhr Road and south of Seedling Mile Road, this final plat proposes to create 4 lots on a tract of land comprising a part of Lot One (1), Windolph's Subdivision in the City of Grand Island, Hall County, Nebraska, and a part of the East Half of the Northwest Quarter (E1/2 NW1/4) and a part of the West Half of the Northwest Quarter (W1/2 NW1/4) of Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Nebraska. This is approximately 13.967 acres. Discussion The final plat for Hehnke Acres Subdivision was considered by the Regional Planning Commission at the November 2, 2009 meeting. A motion was made by Bredthauer and seconded by Reynolds to approve the plat as presented on the Consent Agenda. A roll call vote was taken and the motion passed with 11 members present (Aguilar, Amick, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, Eriksen, Bredthauer, and Snodgrass) voting in favor and no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Hehnke Acres Final Plat Summary Developer/Owner Michael S. Murphy 2415 E Seedling Mile Road Grand Island NE 68801 Jeanne Williams 2415 E Seedling Mile Road Grand Island NE 68801 Jay L. & Julie Hehnke 2505 E Seedling Mile Road Grand Island NE 68801 Horacio D. Vazquez 2503 E Seedling Mile Road Grand Island NE 68801 To create 4 lots west of Stuhr Road and south of Seedling Mile Road, in the city of Grand Island, in Hall County, Nebraska. Size: 13.967 acres Zoning: R1 Suburban Residential Road Access: Existing City Streets Water Public: City water is available Sewer Public: City sewer is available Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-287 WHEREAS, Jeanne E Williams (a.k.a. Jeanne Williams) a single person, Jay L. Hehnke and Julie Hehnke, husband and wife, Horacio D. Vazquez, a single person, and Michael S. Murphy, a single person, being the owners of the land described hereon have caused to be laid out into 4 lots, a tract of land comprising a part of Lot One (1), Windolph’s Subdivision in the City of Grand Island, Hall County, Nebraska, and a part of the East Half of the Northwest Quarter (E1/2 NW1/4) and a part of the West Half of the Northwest Quarter (W1/2 NW1/4) of Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, in Hall County, Nebraska, under the name of HEHNKE ACRES SUBDIVISION, and has caused a plat thereof to be acknowledged by them; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owners of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of HEHNKE ACRES SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2009-288 - Approving Acquisition of Utility Easement - Hall County Livestock Improvement Association - State Fair Buildings at Fonner Park This item relates to the aforementioned Public Hearing Item E-5. Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-288 WHEREAS, a public utility easement is required by the City of Grand Island, from Hall County Livestock Improvement Association, to install, maintain, repair and replace water mains, storm drains, sanitary sewers, and other utility facilities over and across and operate thereon, public utilities and appurtenances; and WHEREAS, a public hearing was held on November 10, 2009, for the purpose of discussing the proposed acquisition of an easement composed of a portion of the East half of the Southwest quarter (E ½ SW ¼) of Section Twenty-two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the Southeast corner of said Southwest quarter; thence westerly along the South line of said Southwest quarter on an assumed bearing of North 89o33’49” West, a distance of 725.39 feet to a point; thence North 00o00’07” West a distance of 93.00 feet to a point of intersection with the North right-of-way line of East Stolley Park Road, said point being the True Point of Beginning; thence North 89o33’49” West along a North line of said right-of-way, a distance of 20.00 feet to a point; thence North 00o00’07” West, a distance of 834.34 feet to a point, thence South 89o59’53” West, a distance of 575.47 feet to a point of intersection with the West line of the East half of said Southwest quarter; thence North 00o00’01” East along the West line of the East half of said Southwest quarter, a distance of 30.00 feet to a point; thence North 89o59’53” East, a distance of 575.47 feet to a point; thence North 00o00’07” West, a distance of 560.66 feet to a point; thence North 04o48’45” East, a distance of 140.00 feet to a point; thence North 00o00’16” west, a distance of 793.72 feet to a point; thence north 44o59’44” East, a distance of 82.08 feet to a point; thence North 00o00’07” West, a distance of 36.88 feet to a point of intersection with the South right-of-way line of East Fonner Park Road; thence South 89o13’28” East along the South line of said right-of-way, a distance of 46.93 feet to a point; thence South 00o28’09” West, a distance of 17.75 feet to a point; thence South 44o59’44” West, a distance of 37.87 feet to a point, thence South 00o00’07” East, a distance of 227.10 feet to a point, thence South 78o45’00” East, a distance of 80.51 feet to a point; thence South 37o56’52” East, a distance of 33.72 feet to a point; thence South 52o03’08” West, a distance of 20.00 feet to a point; thence North 37o56’52” West, a distance of 26.28 feet to a point; thence North 78o45’00” West, a distance of 89.49 feet to a point; thence North 00o00’07” West, a distance of 223.51 feet to a point; thence South 44o59’44” west a distance of 53.79 feet to a point; thence South 00o00’16” East, a distance of 786.28 feet to a point; thence South 04o48’45” West, a distance of 129.54 feet to a point, thence North 89o59’53” East, a distance of 473.26 feet to a point; thence South 45o00’07” East, a distance of 44.16 feet to a point 220.00 feet West of the East line of said Southwest quarter, thence South 00o00’07” east along a line 220.00 feet West of and parallel with the East line of said Southwest quarter, a distance of 19.89 feet to a point; thence South 89o59’53” West, a distance of 8.40 feet to a point; thence North 45o00’07” - 2 - West, a distance of 44.00 feet to a point; thence South 89o59;53” West, a distance of 465.86 feet to a point, thence South 00o00’07” East, a distance of 235.24 feet to a point; thence North 89o59’53” East, a distance of 25.00 feet to a point; thence South 00o00’07” East, a distance of 25.00 feet to a point; thence South 00o00’07” East, a distance of 199.49 feet to the point of beginning. Said tract contains a calculated area of 109,323.34 square feet or 2.51 acres, more or less. TOGETHER WITH: (PARCEL 2) A legal description for a tract of land composed of a portion of the Northeast Quarter of the Southwest Quarter of Section Twenty-two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the Northeast corner of the Northeast quarter of said Southwest quarter; thence southerly along the East line of the Northeast quarter of said Southwest quarter on an assumed bearing of South 00o00’07” East, a distance of 122.36 feet to a point; thence North 89o50’09” West, a distance of 15.00 feet to a point, said point being the True Point of Beginning; thence South 00o00’07” East along a line 15.00 feet West of and parallel with the East line of the Northeast quarter of said Southwest quarter, a distance of 20.00 feet to a point; thence North 89o50’09” West, a distance of 185.00 feet to a point 200.00 feet West of the East line of the Northeast quarter of said Southwest quarter; thence North 00o00’07” West along a line 200.00 feet West of and parallel with the East line of the Northeast quarter of said Southwest quarter, a distance of 20.00 feet to a point; thence South 89o50’09” East a distance of 185.00 feet to the point of beginning. Said tract contains a calculated area of 3,700.00 square feet or 0.08 acres, more or less. (PARCEL 3) A legal description for a tract of land composed of a portion of the Northeast Quarter of the Southwest quarter of Section Twenty-two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the Northeast corner of the Northeast quarter of said Southwest quarter; thence southerly along the East line of the Northeast quarter of said Southwest quarter on an assumed bearing of South 00o00’07” East, a distance of 442.55 feet to a point; thence North 89o51’21” West, a distance of 15.00 feet to the True Point of Beginning; thence South 00o00’07” East along a line 15.00 feet West of the parallel with the East line of the Northeast quarter of said Southwest quarter, a distance of 20.00 feet to a point; thence North 89o51’21” West, a distance of 185.00 feet to a point 200.00 feet West of the East - 3 - line of the Northeast quarter of said Southwest quarter; thence North 00o00’07” West along a line 200.00 feet West of and parallel with the East line of the Northeast quarter of said Southwest quarter, a distance of 20.00 feet to a point, thence South 89o51’21” East, a distance of 185.00 feet to the point of beginning. Said tract contains a calculated area of 3,700.00 square feet or 0.08 acres, more or less. The above-described easement and right-of-way containing a total of 116,723.34 square feet, more or less, as shown on the attached plat by Olsson Associates, dated 2009, attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from the Hall County Livestock Improvement Association on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2009-289 - Approving Construction Agreement with NPPD for St. Libory Substation Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: November 10, 2009 Subject: Transmission Facilities Construction Agreement with Nebraska Public Power District Item #’s: G-7 Presenter(s): Gary Mader, Utilities Director Background In 2006, Advantage Engineering (AE) was contracted to perform a Transmission and Substation System Study for the City of Grand Island Utilities Department (GIUD). Various alternatives and solutions were analyzed for the logical and economic expansion of the GIUD’s 115 kV transmission loop, power interconnections with Nebraska Public Power District (NPPD), substations, distribution, and communications. The system study period was ten (10) years (2006-2016) taking into account projected City expansion and load growth. When fully implemented, the major substation and transmission requirements should be satisfied through 2027. The Transmission and Substation System Study was completed in 2007 and contained a detailed analysis of previous studies and reports; surrounding area power provider plans; State wide planned improvements; Contractual obligations; the City’s comprehensive development plans; system capabilities and capacities; land use issues; and schedule related items. The study resulted in recommendations to expand the GIUD’s transmission system to serve load growth and assure reliability. The results of the Transmission and Substation System Study were presented to the Grand Island City Council on January 8, 2008. One of the system improvements identified in the Transmission and Substation System Study was the need for providing a second 115 kV power supply to GIUD’s Substation F. In the study it was recommended that a new 115 kV line be constructed to connect the open 115 kV transmission bay at GIUD's Substation F to the Nebraska Public Power District (NPPD) St. Libory Junction northwest of the City. The new 115 kV line would be approximately 7 miles in length and would require that GIUD select a route for the new line and obtain new transmission line easements necessary to construct the line. This new transmission line would improve the reliability of the entire GIUD transmission system by providing an additional connection to the regional electric grid, to the north. A map of the proposed project is attached for reference. On April 21, 2009, a presentation was made during a Council Study Session summarizing a 115 kV Transmission line route study for the new transmission line mentioned above. During the following City Council meeting on April 28, 2009, Council authorized the Utilities Department to proceed with the necessary engineering, permits and other services required to construct the new transmission line. The new transmission line will connect Grand Island’s Substation F located along Capital Avenue to Nebraska Public Power District’s (NPPD) St. Libory Junction located along Engleman Road between Chapman and Prairie Roads. In order to connect this new transmission line, NPPD will need to construct a new substation adjacent to the current location. Since this is a joint project with NPPD, Grand Island Utilities Department has agreed to finance half of this new substation. Discussion Discussions with NPPD have taken place to determine timing, location and cost of this substation. In order to protect both parties during the joint financing of this project, Grand Island is required to enter into a construction agreement with NPPD. The preliminary estimated total cost to design and construct this substation is $4,000,000. Upon approval of this agreement, NPPD’s governing board will authorize the design, procurement and construction of this substation. A more detailed and accurate estimate shall be developed and an invoice for half of that estimate shall be sent to Grand Island. Grand Island will be responsible for half of any costs over and above the final estimate as the project progresses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council enter into an agreement with Nebraska Public Power District for the construction of the St. Libory Substation. Sample Motion Move to approve the Transmission Facilities Construction Agreement with Nebraska Public Power District. 1 CRF # 09-L20-128 St. Libory substation TRANSMISSION FACILITIES CONSTRUCTION AGREEMENT between NEBRASKA PUBLIC POWER DISTRICT and CITY OF GRAND ISLAND, NEBRASKA This Transmission Facilities Construction Agreement (“Agreement”) is made and entered into this tenth (10th) day of November, 2009 by and between NEBRASKA PUBLIC POWER DISTRICT (hereinafter referred to as “NPPD”), a public corporation and political subdivision of the State of Nebraska, and THE CITY OF GRAND ISLAND, NEBRASKA (hereinafter referred to as “City”), a municipal corporation and political subdivision of the State of Nebraska, each referred to herein individually as a "Party" and collectively, the "Parties". WITNESSETH: WHEREAS, the Parties have agreed to construct a new 115kV substation near the present St. Libory Junction switching station to accommodate transmission additions at this location, and WHEREAS, the Parties wish to set forth the terms and conditions governing the design, construction, payment and ownership of the transmission facilities to be constructed. NOW, THEREFORE, in consideration of the mutual benefits to the Parties, the Parties hereby agree as follows: SECTION 1 Work Scope 1.1 NPPD shall be responsible for the design, procurement, acquisition of land and easements, construction, and commissioning of a new NPPD owned 115kV St. Libory Substation (Substation) along with the re-routing and 2 connection of existing 115kV lines to this Substation, as illustrated on Exhibit 1, attached hereto and made a part of this Agreement. If NPPD is unsuccessful in negotiating the land purchase for the preliminary site, said Exhibit 1 shall be revised and replaced with a new Exhibit 1 depicting the actual site and construction details of the said Substation. 1.2 NPPD shall be responsible for all costs associated with the procurement and installation of the revenue metering equipment at the Substation. 1.3 City shall be responsible for the design, procurement, acquisition of easements, construction, and commissioning of a new City owned 115kV transmission line, approximately 6.5 miles in length, between the City’s Substation F and NPPD’s steel dead-end structure located inside the Substation, 1.3.1 NPPD will make the connection from the steel dead-end structure to the 115kV Substation bus. 1.3.2 NPPD shall grant to the City the right of ingress and egress to the Substation identified in Section 1.1 for the purpose of construction, inspection and testing of the new City owned line section. 1.4 The above mentioned transmission facilities shall be installed in accordance with Good Utility Practice and shall be subject to final inspection and coordination testing by the Parties before energizing the transmission facilities. The transmission facilities shall be energized upon the sole determination and approval of NPPD. SECTION II Term and Termination of Agreement 2.1. This Agreement shall become effective on the date first above written and shall remain in effect until all obligations of this Agreement, including but not limited to, the payment obligations of the Parties, have been fully satisfied as determined by NPPD. SECTION III Schedule 3 3.1 The City shall determine when NPPD is authorized to proceed with the construction of the Substation, and shall authorize NPPD to proceed with the work in writing. 3.2 Subject to the provisions of Section 3.3 herein, and provided that the City has notified NPPD in writing to proceed with the construction of the Substation by January 1, 2011, NPPD and the City will use every effort and practice to energize the transmission facilities described herein by April 1, 2012. Subject to the provisions of Section 3.3 herein, in the event the City notifies NPPD in writing after January 1, 2011 to proceed with the construction of the Substation, NPPD and the City will use every effort and practice to energize the transmission facilities described herein fifteen (15) months from the date of written notification from the City to proceed with the construction of the Substation. 3.3 It is understood by the Parties that the completion date may be affected by delays in the acquisition of permits and easements, and other uncontrollable circumstances, such as electric system demands, unavailability of labor and materials, governmental actions, weather, and other Acts of God that may delay the schedule or performance of this Agreement. SECTION IV Funding 4.1 The Parties agree to share funding of the work identified in Section 1.1 for the construction of the Substation, including the re-routing and connection of the existing 115kV lines to the Substation. 4.2 The preliminary estimated cost of the work identified in Section 1.1 is Four Million Dollars ($4,000,000.00). Each Party shall be responsible for one- half of the total actual costs associated with completion of the work identified in Section 1.1, and the actual costs shall be determined in accordance with Section 4.4. 4.3 After NPPD receives Board authorization/approval of the project, and the preliminary estimated cost of the project as identified in Section 4.2 has been more closely revised into the final estimated project cost, the City shall pay NPPD for one-half of the final estimated project cost. Payment of the City’s portion of the final estimated project cost shall be due within 4 thirty (30) days of receipt of the invoice from NPPD. NPPD will begin construction of the facilities identified in Section 1.1 after receipt of the City’s portion of the final estimated project cost. 4.4 NPPD will keep records of the actual costs that are incurred for the work identified in Section 1.1. Actual costs will be determined by using NPPD standard charge rates. Actual costs shall include, but not be limited to, labor costs, material costs, equipment costs, land and easement costs, costs of obtaining approvals and permits, design and engineering costs, construction costs, costs incurred by contractors, field investigation costs, and payroll and general administration costs. Any applicable taxes will be paid by NPPD and included in the calculation of the actual costs. 4.5 After the work for which NPPD is responsible under Section 1.1 begins, NPPD will track actual costs in accordance with Section 4.4. If the actual project cost for the work under Section 1.1 exceeds the final estimated project cost identified in Section 4.3, NPPD will begin issuing quarterly billing(s) to the City for its remaining one-half share of the actual costs for work under Section 1.1. Said billings shall be due within thirty (30) days of receipt of the invoice from NPPD. 4.6 Upon completion of the work for which NPPD is responsible under Section 1.1, NPPD will determine final actual costs in accordance with Section 4.4 and provide to the City an itemized report identifying actual costs for the project, and issue to the City a final billing which shall be due within thirty (30) days of the receipt of the invoice from NPPD. The final billing will reflect credit for the pre-payment identified in Section 4.3, and all quarterly payments previously made to NPPD by the City as identified in Section 4.5. 4.7 If the City disputes any portion of the billing provided by NPPD, the City shall nevertheless pay the full amount of said billing when due within thirty (30) days of receipt of the invoice from NPPD. The City shall notify NPPD in writing of the amount of the billing dispute and the basis for the dispute. If settlement of the dispute results in a refund to the City, the amount refunded shall not exceed the amount identified as being in dispute. 4.8 The City shall be responsible for all costs associated with the work identified in Section 1.3. 5 4.9 After NPPD has initiated the work for the design, procurement, and acquisition of land and easements for the Substation as described in Section 1.1, if for any reason, the City is unable or unwilling to proceed with the construction of the Substation or the connection of the 115 kV lines to the Substation, then the City shall be responsible for One Hundred Percent (100%) of all of the costs incurred by NPPD. 4.10 After the City has notified NPPD in writing to proceed with the construction of the Substation, if for any reason, the City is unable or unwilling to proceed with the construction of the Substation or the connection of the 115 kV lines to the Substation, then the City shall be responsible for One Hundred Percent (100%) of all of the construction costs incurred by NPPD. 4.11 If NPPD proceeds with the construction of the Substation without the written authorization to proceed from the City, then NPPD shall be responsible for One Hundred Percent (100%) of all of the construction costs incurred by NPPD. 4.12 Following completion of the Substation described in Section 1.1, all future changes to the Substation facilities shall be funded by the requesting Party, unless otherwise agreed to by the Parties. This provision shall be included in the Electric Interconnection and Interchange Agreement between the Parties. SECTION V Indemnification 5.1 NPPD agrees to indemnify and hold harmless the City or its representatives, agents, or employees from all claims, demands, suits, actions, payments, and judgments arising from any negligent act or omission of NPPD, its agents, servants, or employees, during the construction of the facilities covered in this Agreement. 5.2 The City agrees to indemnify and hold harmless NPPD or its representatives, agents, or employees from all claims, demands, suits, actions, payments, and judgments arising from any negligent act or omission of the City, its agents, servants, or employees, during the construction of the facilities covered in this Agreement 6 SECTION VI Good Utility Practice 6.1 Good Utility Practice shall mean any of the practices, methods, and acts at a particular time, which, in the exercise of reasonable judgment in the light of the facts, including but not limited to the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost, consistent with the reliability, safety and expediency of the action. In applying a Good Utility Practice standard to any matter under this Agreement, equitable consideration should be given to the circumstances, requirements, and obligations of each of the Parties. It is recognized that a Good Utility Practice in not intended to be limited to a single best practice, method, or act, to the exclusion of all others, but rather can be within a spectrum of possible practices, methods, or acts which could reasonably have been expected to accomplish the action. SECTION VII Governing Law 7.1 This Agreement is deemed to have been effectively entered into in the State of Nebraska and it shall be interpreted and controlled by the laws of said State. The Parties agree that any action arising out of or related to this Agreement brought by either Party shall be brought only in the federal or state courts of the State of Nebraska. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their authorized representatives as of the date first above written. Nebraska Public Power District City of Grand Island, Nebraska By: By: __________________________ Printed Name: ____________________ Printed Name: __________________ Title:____________________________ Title:__________________________ Date: Date:__________________________ Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-289 WHEREAS, in 2006, Advantage Engineering (AE) was contracted to perform a Transmission and Substation System Study for the City of Grand Island Utilities Department (GIUD); and WHEREAS, various alternatives and solutions were analyzed for the logical and economic expansion of GIUD’s 115 kV transmission loop, power interconnections with Nebraska Public Power District (NPPD), substations, distribution and communications; and WHEREAS, the Transmission and Substation System Study was completed in 2007 and presented to the City Council on January 8, 2008, recommending expansion of GIUD’s transmission system to serve load growth and assure reliability; and WHEREAS, one of the recommendations was that a new 115 kV line be constructed to connect the open 115 kV transmission bay at GIUD’s Substation F to the NPPD St. Libory Junction northwest of the City; and WHEREAS, the new transmission line would improve the reliability of the entire GIUD transmission system by providing an additional connection to the regional electric grid, to the north; and WHEREAS, in order to connect this new transmission line, NPPD will need to construct a new substation adjacent to their current location, and since this is a joint project with NPPD, Grand Island Utilities Department has agreed to finance half of this new substation; and WHEREAS, in order to protect both parties during the joint financing of this project, Grand Island is required to enter into a construction agreement with NPPD; 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 Construction Agreement between the City of Grand Island and Nebraska Public Power District is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island; and the Utilities Director is hereby authorized and directed to provide notice to proceed to NPPD at the appropriate time, in accordance with the contract terms and conditions. - - - - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2009-290 - Approving Bid Award - Locomotive Repair - Platte Generating Station Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader;Wesley Nespor City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: November 10, 2009 Subject: Locomotive Repair – Platte Generating Station Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background The Platte Generating Station utilizes a locomotive to move the coal cars onsite during the coal unloading process. The locomotive is an EMD SW1200 built in 1959 and purchased by the City in 1982. It is periodically inspected by contractors specializing in locomotive maintenance. A recent inspection indicated that an overhaul of some of the major components is required. These include rebuilding the main generator, auxiliary generator drives, engine blowers and drive gears, and replacing the main crankshaft and traction motor blower bearings. Plant staff developed specifications for these repairs. Discussion The specifications for the Locomotive Repair were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on October 13, 2009. Specifications were sent to four potential bidders and responses were received as listed below. The engineer’s estimate for this project was $130,000.00. Bidder Bid Price National Railway Equipment $ 87,424.65 Mt. Vernon, Illinois The bid was reviewed by plant staff. It is compliant with specifications and less than the engineer’s estimate. Informal price estimates to replace the locomotive with a similar used locomotive in good condition were $550,000 to $675,000. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for Locomotive Repair to National Railway Equipment of Mt. Vernon, Illinois, as the low responsive bidder, with the bid price of $87,424.65. Sample Motion Move to approve award of the bid of $87,424.65 from National Railway Equipment for the Locomotive Repair as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 13, 2009 at 11:00 a.m. FOR: Locomotive Repair 2009 DEPARTMENT: Utilities ESTIMATE: $130,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: September 22, 2009 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: National Railway Equipment Mt. Vernon, IL Bid Security: Washington International Inc. Co. Exceptions: Noted Bid Price: Material: $49,917.42 Labor: 33,750.00 Sales Tax: 3,757.23 Total: $87,424.65 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Rodger Zawodniak, Utilities Dept. Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary P1373 Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-290 WHEREAS, the City Electric Department invited sealed bids for Locomotive Repair at Platte Generating Station; and WHEREAS, on October 13, 2009, bids were received, opened and reviewed; and WHEREAS, National Railway Equipment of Mt. Vernon, Illinois, submitted the only bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $87,424.65; and WHEREAS, the bid of National Railway Equipment, is less than the estimate for Locomotive Repair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of National Equipment, of Mt. Vernon, Illinois, in the amount of $87,424.65, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2009-291 - Approving Certificate of Final Completion for Handicap Ramp Project No. 2009-1 Tuesday, November 10, 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: November 10, 2009 Subject: Approving Certificate of Final Completion for Handicap Ramp Project No. 2009-1 Item #’s: G-9 Presenter(s): Steven P. Riehle, Public Works Director Background Galvan Construction, Inc. of Grand Island, Nebraska was awarded a $128,002.90 contract for the above project on June 23, 2009. The contract was for the installation of ha ndicap ramps, in conjunction with asphalt street resurfacing in accordance with Federal ADA (Americans with Disabilities Act) regulations. Work commenced on July 7, 2009 and was completed on October 15, 2009. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans, and specifications. It was completed with an overrun of $14,459.10, for a total cost of $142,462.00. The project plans were prepared with estimated quantities at each curb ramp area. Any required changes are made in the field as the project is being built because of the condition of the sidewalks. At times more pavement is removed to accommodate drainage, or additional sidewalk is removed to make a slope that confo rms to ADA regulations. Approximately $2,000.00 of the overrun was in the area of saw cutting to avoid an overrun in the removal and replacement bid items. Approximately $12,000.00 was in curb and gutter to maintain or improve drainage. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Handicap Ramp Project No. 2009-1. Sample Motion Move to approve the Certificate of Final Completion for Handicap Ramp Project No. 2009-1. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Handicap Ramp Project No. 2009-1 CITY OF GRAND ISLAND, NEBRASKA November 10, 2009 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Handicap Ramp Project No. 2009-1 has been fully completed by Galvan Construction, Inc. of Grand Island, Nebraska under the contract dated June 23, 2009. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Handicap Ramp Project No. 2009-1 Unit Total Total No. Description Price Unit Quantity Cost 1. Remove 4” Walk $ 1.75 s.f. 9910.60 $ 17,343.55 2. Remove Brick Walk $ 2.25 s.f. 220.50 $ 496.13 3. Remove 5” Drive $ 2.50 s.f. 54.03 $ 135.08 4. Remove 6” Pavement $ 3.00 s.f. 1133.27 $ 3,399.81 5. Remove 8” Pavement $ 3.25 s.f. 738.00 $ 2,398.50 6. Remove 9” Pavement $ 3.50 s.f. 0.00 $ 0.00 7. Remove 24” Curb & Gutter $ 5.50 l.f. 860.45 $ 4,732.48 8. Remove 30” Curb & Gutter $ 6.00 l.f. 23.90 $ 143.40 9. Remove Integral Curb $ 1.00 l.f. 1102.25 $ 1,102.25 10. Remove Retaining Wall $ 10.00 l.f. 3.00 $ 30.00 11. Saw Cut $ 2.50 l.f. 3294.12 $ 8,235.30 12. Place 4” Walk $ 3.00 s.f. 11564.38 $ 34,693.14 13. Place 5” Drive $ 3.50 s.f. 54.03 $ 189.11 14. Place 6” Pavement $ 31.50 s.y. 16.00 $ 504.00 15. Place 8” Pavement $ 35.00 s.y. 7.62 $ 266.70 16. Place 9” Pavement $ 40.00 s.y. 0.00 $ 0.00 17. Build 24” Curb & Gutter $ 15.00 l.f. 1665.15 $ 24,977.25 18. Build 30” Curb & Gutter $ 18.00 l.f. 31.60 $ 568.80 19. Build Integral Curb $ 2.00 l.f. 353.25 $ 706.50 20. Adjust Water Valve $100.00 ea. 2.00 $ 200.00 21. Adjust Pull Box $100.00 ea. 2.00 $ 200.00 22. Landscaping/Sprinkler Repair $500.00 l.s. 1.00 $ 500.00 23. Furnish & Place 2x2 Detectable $120.00 ea. 347.00 $41,640.00 Warning Plates --------------- Original Project Total $142,462.00 I hereby recommend that the Engineer’s Certificate of Final Completion for Handicap Ramp Project No. 2009-1 be approved. ____________________________________________ ___________________________________ Steven P. Riehle – City Engineer/Public Works Director Margaret Hornady – Mayor Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-291 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island issued a Certificate of Completion for Project No. 2009-1, installation of Handicap Ramps, certifying that Galvan Construction, Inc. of Grand Island, Nebraska, under contract, has completed the handicap ramp installation; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No. 2009-1, installation of Handicap Ramps, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2009-292 - Approving Bid Award for One (1) Used Excavator for the Solid Waste Division of the Public Works Department Tuesday, November 10, 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: November 10, 2009 Subject: Approving Bid Award for One (1) Used Excavator for the Solid Waste Division of the Public Works Department Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background The Solid Waste Division of the Public Works Department advertised for a used excavator on October 8, 2009. Page 231 of the approved 2009/2010 budget shows $90,000.00 for the excavator. 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 NCS Equipment of Grand Island, NE $74,900 Terex NMC of Doniphan, NE $83,000 Caterpillar Murphy Tractor & Equip. of Grand Island, NE $84,700 John Deere Roadbuilders Machinery of Grand Island, NE $97,000 $89,500 Komatsu Komatsu Fairbanks of Grand Island, NE $132,208 New Holland The Solid Waste Division rented an excavator for use during the winter months at a cost of $8,700 in FY 2008 and $8,900 in FY 2009. This enables Solid Waste Division staff to have the capability of digging out frozen and/or sticky loads received at the landfill from commercial haulers’ roll-off containers, end-dump trailers, etc. Without this capability, dangerous and extremely time-consuming situations arise when staff attempts to use equipment that is not suited for digging out frozen loads. The Solid Waste Division also has additional needs and uses for an excavator during warmer weather to be able to excavate soil and silt from ditches, drainage structures, and storm water containment areas that cannot be accessed with any other equipment currently on hand. Division staff requested a demonstration of the Terex excavator from NCS Equipment because they were unfamiliar with Terex equipment. The demonstration conformed to the requirements set forth in the bid specifications. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the Terex excavator from NCS Equipment of Grand Island, Nebraska in the amount of $74,900. Sample Motion Move to approve purchase of the Terex excavator from NCS Equipment 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 11:00 a.m. FOR: (1) Used Hydraulic Excavator DEPARTMENT: Public Works ESTIMATE: $90,000.00 FUND/ACCOUNT: 5053343-85615 PUBLICATION DATE: October 8, 2009 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Murphy Tractor & Equipment Co. RoadBuilders Machinery & Supply Grand Island, NE Grand Island, NE Bid Security: Sentry Select Ins. Co. Fidelity & Deposit Co. Exceptions: None None Model: 2008 John Deere 160D 2007 Komatsu 2006 Komatsu Bid Price: $84,700.00 $97,000.00 $89,500.00 Delivery Date: 2–3 weeks 1-2 weeks 1-2 weeks Bidder: Fairbanks Grand Island NCS Equipment, Inc. Grand Island, NE Grand Island, NE Bid Security: $6,610.00 $3,745.00 Exceptions: Noted Noted Model: 2005 New Holland EH215 LC TEREX TXC 175LC-1 Bid Price: $132,208.00 $74,900.00 Delivery Date: ASAP 10-23-09 Bidder: NMC, Inc. Grand Island, NE Bid Security: Travelers Casualty & Surety Co. Exceptions: None Model: 2007 Caterpillar 315CL Bid Price: $83,000.00 Delivery Date: 11-15-09 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. P1376 Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-292 WHEREAS, the City of Grand Island invited sealed bids for one (1) used hydraulic excavator 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, NCS Equipment 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 $74,900.00; and WHEREAS, the bid of NCS Equipment of Grand Island, Nebraska is less than the estimate for the one (1) used hydraulic excavator. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of NCS Equipment of Grand Island, Nebraska in the amount of $74,900.00 for one (1) used hydraulic excavator 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, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2009-293 - Approving Award of Contract on Project WWTP- 2010-2 for Primary Clarifier Mechanism Replacement at the Waste Water Treatment Plant Tuesday, November 10, 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: November 10, 2009 Subject: Approving Award of Contract on Project WWTP-2010-2 for Primary Clarifier Mechanism Replacement at the Waste Water Treatment Plant Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background The City Council approved an agreement with Black & Veatch of Kansas City, Missouri on May 12, 2009 for professional consulting engineering services on the Primary Clarifier Mechanism Replacement for the Waste Water Treatment Plant. Design work was completed with construction plans and specifications approved by the Nebraska Department of Environmental Quality (NDEQ) and the Public Works Division of the City of Grand Island in September of 2009. The advertisement to bidders for the project was published in the Grand Island Daily Independent on September 28, 2009. Discussion Five (5) bids were received on October 27, 2009 and reviewed by the Black & Veatch and the Waste Water Division of the Public Works Department. Bidder Oakview Construction Inc. JS Haren Company Eriksen Construction BRB Contractors Inc. Diamond Engineering Co Lump Sum Including Work for bid alternatives A, B, C, and D $ 602,400.00 $ 607,000.00 $ 618,400.00 $ 679,000.00 $ 833,505.59 Deductive Alternative A Peripheral Inclined Baffles in Primary Clarifier No. 1 $ 17,500.00 $ 12,000.00 $ 13,400.00 $ 19,000.00 $ 23,023.30 Deductive Alternative B Peripheral Inclined Baffles in Primary Clarifier No. 2 $ 20,800.00 $ 12,000.00 $ 17,000.00 $ 22,000.00 $ 28,061.56 Deductive Alternative C Energy Dissipating Inlets $ 6,000.00 $ 5,000.00 $ 6,700.00 $ 8,000.00 $ 18,217.12 Deductive Alternative D Epoxy Coating and Crack Repair of Effluent Troughs $ 11,326,00 $ 10,000.00 $ 8,500.00 $ 20,000.00 $ 23,298.00 Additional Items Crack Repair Above 300 L.F. $ 12.00 L.F. $ 18.00 L.F. $ 9.00 L.F. $ 10.00 L.F. $ 55.00 L.F. Crack Repair Above 5 L. F. $ 500.00 Cu. Ft. $ 1,200.00 Cu. Ft. $ 108.00 Cu. Ft. $ 500.00 Cu. Ft. $ 239.70 Cu. Ft. There were no exceptions. The bids for the project were below the estimate because of the timing of the bid opening and significant competition in today’s construction market. Oakview Construction, Inc. of Red Oak, Iowa submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution awarding the bid and authorizing the Mayor to execute a contract with Oakview Construction, Inc. of Red Oak, Iowa. 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 and the engineering firm Black & Veatch recommend that the Council approve a Resolution awarding the bid to Oakview Construction, Inc. of Red Oak, Iowa and authorize the mayor to sign the contract that includes all of the deductive alternatives. Funding for this project will be drawn from cash reserves in the wastewater utility. Sample Motion Move to award the bid to Oakview Construction, Inc. of Red Oak, Iowa for Primary Clarifier Mechanism Replacement at the Waste Water Treatment Plant. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 27, 2009 at 11:00 a.m. FOR: Primary Clarifier Mechanism Replacement Project WWTP-2010-2 DEPARTMENT: Public Works ESTIMATE: $1,008,800.00 FUND/ACCOUNT: 53030054-85213-53007 PUBLICATION DATE: September 28, 2009 NO. POTENTIAL BIDDERS: 11 SUMMARY Bidder: Eriksen Construction Diamond Engineering Co. Blair, NE Grand Island, NE Bid Security: Travelers Casualty & Surety Universal Surety Company Exceptions: None None Base Bid Price: $618,400.00 $833,505.59 Alternative A: $ 13,400.00 $ 23,023.30 Alternative B: $ 17,000.00 $ 28,061.56 Alternative C: $ 6,700.00 $ 18,217.12 Alternative D: $ 8,500.00 $ 23,298.00 Crack Repair 300: $ 9.00 per linear ft $ 55.00 per linear ft. Crack Repair 5 cu. ft.$ 108.00 per cubic ft $ 239.70 per cubic ft. Bidder: BRB Contractors, Inc. J. S. Haren Company Topeka, KS Athens, TN Bid Security: Hartford Fire Ins. Co. Ullico Casualty Co. Exceptions: None None Base Bid Price: $679,000.00 $607,000.00 Alternative A: $ 19,000.00 $ 12,000.00 Alternative B: $ 22,000.00 $ 12,000.00 Alternative C: $ 8,000.00 $ 5,000.00 Alternative D: $ 20,000.00 $ 10,000.00 Crack Repair 300: $ 10.00 per linear ft. $ 18.00 per linear ft. Crack Repair 5 cu. ft.$ 500.00 per cubit ft. $ 1,200.00 per cubic ft. Bidder: Oakview Construction, Inc. Red Oak, IA Bid Security: Liberty Mutual Ins. Co. Exceptions: None Base Bid Price: $602,400.00 Alternative A: $ 17,500.00 Alternative B: $ 20,800.00 Alternative C: $ 6,000.00 Alternative D: $ 11,326.00 Crack Repair 300: $ 12.00 per linear ft. Crack Repair 5 cu. ft.$ 500.00 per cubic ft. cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator John Henderson, WWTP P1375 Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-293 WHEREAS, Advertisement to Bidders for Project WWTP-2010-2 Primary Clarifier Mechanism Replacement for City of Grand Island, Wastewater Division was published in the Grand Island Daily Independent on September 28, 2009; and WHEREAS, the City of Grand Island invited sealed bids for the furnishing of materials and services for the Project WWTP-2010-2 Primary Clarifier Mechanism Replacement according to plans and specifications on file with the City Clerk; and WHEREAS, on October 27, 2009, bids were received, opened and reviewed; and WHEREAS, Oakview Construction, Inc., of Red Oak, Iowa , submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the lump sum bid price in the amount of $602,400.00; includes Deductive Alternate A; Peripheral Inclined Baffles in Primary Clarifier No. 1 of $17,500.00, Deductive Alternate B; Peripheral Inclined Baffles in Primary Clarifier No. 2 of $20,800.00, Deductive Alternate C; Energy Dissipating inlets of $6,000.00, and Deductive Alternate D; Epoxy Coating and Crack Repair of Effluent Troughs of $11,326.00. WHEREAS, the bid for project is below the estimate of such project; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Oakview Construction, Inc. of Red Oak, Iowa, in the amount of $602,400.00 for furnishing materials and services for WWTP-2010-2 Primary Clarifier Mechanism Replacement is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2009-294 - Consideration of Request from Firehouse Bar, Inc. dba The Firehouse Bar, 418 West 4th Street for an Addition of a Beer Garden to Class “C-86044” Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-294 WHEREAS, an application was filed by Firehouse Bar, Inc., doing business as The Firehouse Bar, 418 West 4th Street for an addition of a Beer Garden to their Class "C-86044" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 31, 2009; such publication cost being $15.63; and WHEREAS, a public hearing was held on November 11, 2009, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2009-295 - Consideration of Request from Skagway Discount Dept. Stores, Inc. dba Skagway Discount Dept. Stores, 1607 South Locust Street for a Catering Addition to Class “C-60081” Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-295 WHEREAS, an application was filed by Skagway Discount Dept. Stores, Inc. doing business as Skagway Discount Dept. Stores, 1607 South Locust Street for a Catering Designation to Class "C-60081" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 31, 2009; such publication cost being $16.08; and WHEREAS, a public hearing was held on November 10, 2009, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2009-296 - Consideration of Request from James Fox dba Husker Hut, 1403 South Eddy Street for a Class “I” Liquor License This item relates to the aforementioned Public Hearing Item E-3. Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-296 WHEREAS, an application was filed by James Fox, doing business as Husker Hut, 1403 South Eddy Street for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 31, 2009; such publication cost being $14.73; and WHEREAS, a public hearing was held on November 10, 2009 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 11, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2009-297 - Consideration of Request from Julio Melesio dba Copas De Oro, 413 West 4th Street for a Class “C” Liquor License This item relates to the aforementioned Public Hearing Item E-4. Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ November 5, 2009 ¤ City Attorney R E S O L U T I O N 2009-297 WHEREAS, an application was filed by Julio Melesio, doing business as Copas De Oro, 413 West 4th Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 31, 2009; such publication cost being $14.73; and WHEREAS, a public hearing was held on November 10, 2009 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 11, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of October 28, 2009 through November 10, 2009 The Claims for the period of October 28, 2009 through November 10, 2009 for a total amount of $2,461,980.68. A MOTION is in order. Tuesday, November 10, 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 28, 2009 through November 10, 2009 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of October 28, 2009 through November 10, 2009 for the following requisitions. #6 $6,250.01 A MOTION is in order. Tuesday, November 10, 2009 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council