11-24-2009 City Council Regular Meeting PacketCity of Grand Island
Tuesday, November 24, 2009
Council Session Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Jeff Pederson
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Larry Carney
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Jose Zapata
Call to OrderCity of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item E1
Public Hearing on Request from James Fox dba Husker Hut, 1403
South Eddy Street for a Class "I" Liquor License
Tuesday, November 24, 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 24, 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-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
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 and supplemental (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.
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
Item F1
#9242 - Consideration of Vacation of a Utility Easement Located at
805 Allen Drive in Meadowlark West Fifth Subdivision (Paul
Younes)
Tuesday, November 24, 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 24, 2009
Subject: Consideration of Vacation of a Utility Easement Located
at 805 Allen Drive in Meadowlark West Fifth
Subdivision (Paul Younes)
Item #’s: F-1
Presenter(s): Steven P. Riehle, City Engineer/Public Works Director
Background
A twenty foot (20’) wide utility easement was filed with Hall County on June 10, 1999.
The easement does not currently have any utilities within it, nor is there a need
anticipated in the future. The easement cuts through the middle of Lot 1 of Meadowlark
West Fifth Subdivision and restricts the potential for the property to develop. The twenty
foot that was originally dedicated for the ut ility easement was along a property line that
has since been moved south, thus creating the easement down the center of the lot.
Discussion
The developer of the property is requesting that the existing 20’wide utility easement be
vacated. All work related to the vacation will be performed at the developers cost to
allow for development of the property as planned.
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 the passing of an ordinance vacating the utility
easement in Lot 1 of Meadowlark West Fifth Subdivision.
Sample Motion
Move to pass an ordinance vacating the utility easement in Lot 1 of Meadowlark West
Fifth Subdivision.
Approved as to Form ¤ ___________
November 19, 2009 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9242
An ordinance to vacate a portion of an existing utility easement and to provide for
filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal
any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the existing utilities easement at 805 Allen Drive in Grand
Island, Hall County, Nebraska, more particularly described as follows:
A TWENTY (20) FOOT WIDE EASEMENT DESCRIBED AS LYING TEN (10) FEET
EITHER SIDE OF A LINE DESCRIBED AS BEGINNING AT A POINT ON THE WEST
LINE OF LOT ONE (1), MEADOWLARK WEST FIFTH SUBDIVISION, SAID POINT
BEING 94.87’ NORTH OF THE SOUTHWEST CORNER OF SAID LOT ONE (1), THENCE
EAST TO A POINT 51.46’ WEST OF THE EAST LINE OF SAID LOT ONE (1),
MEADOWLARK WEST FIFTH SUBDIVISION, RECORDED AS DOCUMENT NO. 99-
105894 IN THE OFFICE OF THE REGISTER OF DEEDS OF HALL COUNTY, NEBRASKA;
is hereby vacated. Such easement to be vacated is shown and more particularly described on
Exhibit A attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
ORDINANCE NO.9242 (Cont.)
- 2 -
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 24, 2009.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#9243 - Consideration of Vacation of a Utility Easement Located at
1808 & 1810 South Locust Street (Goodwill Industries)
Tuesday, November 24, 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 24, 2009
Subject: Consideration of Vacation of a Utility Easement Located
at 1808 & 1810 South Locust Street (Goodwill
Industries)
Item #’s: F-2
Presenter(s): Steven P. Riehle, City Engineer/Public Works Director
Background
Three (3) twenty foot (20’) wide utility easement s were filed with Hall County on
November 26, 2003 as part of the platting & filing of Goodwill Fifth Subdivision. Lots
One (1), Two (2), and Three (3) of Goodwill Fifth Subdivision are being combined into
one lot for development and the three (3) easements are located where the proposed
building is to be built. These easements do not have any utilities within them, nor is there
a need anticipated in the future.
Discussion
The developer of the property is requesting that the three (3) existing 20’wide utility
easements be vacated. All work related to the vacation will be performed at the
developers cost to allow for improve ment of the property as planned.
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 the passing of an ordinance vacating the three (3) utility
easements in Lot One (1), Lot Two (2), and Lot Three (3) of Goodwill Fifth Subdivision.
Sample Motion
Move to pass an ordinance vacating the three (3) utility easements in Lot One (1), Lot
Two (2), and Lot Three (3) of Goodwill Fifth Subdivision.
Approved as to Form ¤ ___________
November 19, 2009 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9243
An ordinance to vacate a portion of an existing utility easement and to provide for
filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any
ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective
date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the existing utilities easements at 1808 & 1810 South Locust
Street in Grand Island, Hall County, Nebraska, more particularly described as follows:
A TWENTY (20.0) FOOT WIDE EASEMENT LOCATED IN LOT ONE (1), GOODWILL
FIFTH SUBDIVISION IN THE CITY OF GRAND ISLAND, NEBRASKA, THE
CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF LOT TWO (2), GOODWILL FIFTH
SUBDIVISION AND SIXTY EIGHT (68.0) FEET SOUTH OF THE NORTHWEST
CORNER OF LOT TWO (2), GOODWILL FIFTH SUBDIVISION; THENCE RUNNING
WESTERLY TO A POINT SIXTY NINE AND FOUR TENTHS (69.4) FEET SOUTH OF
AND ONE HUNDRED AND FOUR TENTHS (100.4) FEET WEST OF THE
NORTHWEST CORNER OF LOT TWO (2), GOODWILL FIFTH SUBDIVISION,
RECORDED AS DOCUMENT NO. 0200315419 IN THE OFFICE OF THE REGISTER OF
DEEDS OF HALL COUNTY, NEBRASKA; AND
A TWENTY (20.0) FOOT WIDE EASEMENT LOCATED IN LOT ONE (1), GOODWILL
FIFTH SUBDIVISION IN THE CITY OF GRAND ISLAND, NEBRASKA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST
CORNER OF LOT THREE (3), GOODWILL FIFTH SUBDIVISION; THENCE RUNNING
WESTERLY ON THE SOUTH LINE OF LOT THREE (3), GOODWILL FIFTH
ORDINANCE NO. 9243 (Cont.)
- 2 -
SUBDIVISION, IF EXTENDED A DISTANCE OF FIFTY TWO (52.0) FEET; THENCE
RUNNING NORTHERLY PARALLEL TO THE WEST LINE OF LOT THREE (3),
GOODWILL FIFTH SUBDIVISION, A DISTANCE OF TWENTY (20.0) FEET; THENCE
RUNNING EASTERLY A DISTANCE OF FIFTY TWO (52.0) FEET, TO A POINT ON
THE WEST LINE OF LOT THREE (3), GOODWILL FIFTH SUBDIVISION; THENCE
RUNNING SOUTHERLY ON THE WEST LINE OF LOT THREE (3), GOODWILL
FIFTH SUBDIVISION, A DISTANCE OF TWENTY (20.0) FEET, TO THE POINT OF
BEGINNING, RECORDED AS DOCUMENT NO. 0200315419 IN THE OFFICE OF THE
REGISTER OF DEEDS OF HALL COUNTY, NEBRASKA; AND
A TWENTY (20.0) FOOT WIDE EASEMENT COMPRISING THE WESTERLY
TWENTY (20.0) FEET OF LOTS TWO (2) AND THREE (3), GOODWILL FIFTH
SUBDIVISION, IN THE CITY OF GRAND ISLAND, NEBRASKA, RECORDED AS
DOCUMENT NO. 0200315419 IN THE OFFICE OF THE REGISTER OF DEEDS OF
HALL COUNTY, NEBRASKA.
are hereby vacated. Such easements to be vacated is shown and more particularly described on
Exhibit A attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easements are located.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of
the Register of Deeds of Hall County, Nebraska.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as provided
by law.
Enacted: November 24, 2009.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#9244 - Consideration of Vacation of Lueth Drive South of
Seedling Mile Road
Tuesday, November 24, 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 24, 2009
Subject: Consideration of Vacation of Lueth Drive South of
Seedling Mile Road
Item #’s: F-3
Presenter(s): Steven P. Riehle, City Engineer/Public Works Director
Background
In 1953 a portion of a public street right-of-way at 16.5’ was dedicated. The 16.5’ wide
right-of-way is currently known as Lueth Drive and lies just south of Seedling Mile
Road, between 2415 and 2505 E Seedling Mile Road, and extends to Gregory Avenue.
The vacation of this public right-of-way is necessary to accommodate the replatting of
Windolph Subdivision, as Hehnke Subdivision.
Discussion
The developer of the property is requesting that the existing Lueth Drive be vacated. All
work related to the vacation will be performed at the developers cost to allow for
development of the property as planned. There is no anticipated future need for this
section of Lueth Drive. The vacated right-of-way will revert to the abutting property
owners on each side of the vacated street.
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 the passing of an ordinance vacating Lueth Drive in
Windolph’s Subdivision.
Sample Motion
Move to pass an ordinance vacating Lueth Drive in Windolph’s Subdivision.
Approved as to Form ¤ ___________
November 20, 2009 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9244
An ordinance to vacate a portion of an existing public roadway to provide for
filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal
any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the existing public roadway, known as Lueth Drive, south of
Seedling Mile Road and north of Gregory Avenue, adjacent to Lot One (1) of Windolph’s
Subdivision in Grand Island, Hall County, Nebraska, more particularly described as follows:
THE WEST 16.5’ OF WINDOLPH’S SUBIDIVISION, EXCEPT THE SOUTH 16.5’
OF WINDOLPH’S SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA;
is hereby vacated. Such public roadway to be vacated is shown and more particularly described
on
Exhibit A attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the abutting owner or owners according to law.
ORDINANCE NO. 9244 (Cont.)
- 2 -
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 24, 2009.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of November 10, 2009 City Council Regular
Meeting
Tuesday, November 24, 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
November 10, 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 November 10, 2009. Notice of the meeting was given in The Grand Island
Independent on November 4, 2009.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s
were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, Zapata, and
Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk
RaNae Edwards, Finance Director Mary Lou Brown, Assistant City Attorney Wes Nespor, and
Public Works Director Steve Riehle.
INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council
members Audie Aguilar, Andres Gamboa, Kiara Solorzano along with Board member Carole
Ostdiek. Also mentioned was the “Create Your Community” Art Contest for grades K-12 which
would be held at the Conestoga Mall on November 21st and 22nd.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “National Adoption Month” November, 2009. Mayor Hornady proclaimed the
month of November 2009 as “National Adoption Month”. Present to receive the proclamation
were Yolanda Nuncio and Marge Creason.
Presentation of the Law Enforcement Memorial to the City of Grand Island. Russ Zeeb,
Chairman of the Law Enforcement Memorial Committee thanked the City of Grand Island for its
support with the new Law Enforcement Memorial. Recognized were Police Chief Steve Lamken,
Sgt. Dale Hilderbrand of the Grand Island Police Department, Fire Chief Troy Hughes of the
Grand Island Fire Department, and Councilmember John Gericke for all their help on the
committee. Not present but recognized was Captain Mark Bonsar of the Grand Island Fire
Department.
PUBLIC HEARINGS:
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. RaNae Edwards, City Clerk
reported that an application for an addition of a beer garden to Class “C-86044” Liquor License had
been received from Firehouse Bar, Inc. dba The Firehouse Bar, 418 West 4th Street. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on October 22, 2009; notice to the general public of date, time,
and place of hearing published on October 31, 2009; notice to the applicant of date, time, and place
of hearing mailed on October 22, 2009; along with Chapter 4 of the City Code. Staff recommended
approval contingent upon final inspections. Ruby Cargill, 418 West 4th Street spoke in support. No
further public testimony was heard.
Page 2, City Council Regular Meeting, November 10, 2009
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. RaNae
Edwards, City Clerk reported that an application for a catering addition to Class “C-60081” Liquor
License had been received from Skagway Discount Dept. Stores, Inc. dba Skagway Discount Dept.
Stores, 1607 South Locust Street. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on October 22,
2009; notice to the general public of date, time, and place of hearing published on October 31, 2009;
notice to the applicant of date, time, and place of hearing mailed on October 22, 2009; along with
Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No
public testimony was heard.
Public Hearing on Request from James Fox dba Husker Hut, 1403 South Eddy Street for a Class
“I” Liquor License. This item was pulled at the request of the applicant.
Public Hearing on Request from Julio Melesio dba Copas De Oro, 413 West 4th Street for a Class
“C” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “C”
Liquor License had been received from Julio Melesio dba Copas De Oro, 413 West 4th Street.
Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on October 13, 2009; notice to the general public
of date, time, and place of hearing published on October 31, 2009; notice to the applicant of date,
time, and place of hearing mailed on October 13, 2009; along with Chapter 4 of the City Code.
Staff made no recommendation. Julio Melesio, 120 West 6th Street and his attorney John Placke
spoke in support. No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement for New State Fair Buildings Located at
Fonner Park (Hall County Livestock Improvement Association). Gary Mader, Utilities Director
reported that a utility easement was needed at Fonner Park 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. The easement
would be used to place public water and sewer lines to serve the new State Fair buildings. Staff
recommended approval. No public testimony was heard.
CONSENT AGENDA: Motion by Zapata, second by Ramsey to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 27, 2009 City Council Regular Meeting.
Approving Minutes of November 3, 2009 City Council Study Session.
#2009-285 – Approving Special City Council Meeting on December 29, 2009.
#2009-286 – Approving Final Plat and Subdivision Agreement for Springdale Third Subdivision.
#2009-287 – Approving Final Plat and Subdivision Agreement for Hehnke Acres Subdivision.
#2009-288 – Approving Acquisition of Utility Easement for New State Fair Buildings Located at
Fonner Park (Hall County Livestock Improvement Association).
Page 3, City Council Regular Meeting, November 10, 2009 #2009-289 – Approving Construction Agreement with NPPD for St. Libory Substation.
#2009-290 – Approving Bid Award for Locomotive Repair at Platte Generating Station with
National Equipment of Mt. Vernon, Illinois in an Amount of $87,424.65.
#2009-291 – Approving Certificate of Final Completion for Handicap Ramp Project No. 2009-1
with Galvan Construction, Inc. of Grand Island, Nebraska.
#2009-292 – Approving Bid Award for One (1) Used Excavator for the Solid Waste Division of
the Public Works Department with NCS Equipment of Grand Island, Nebraska in an Amount of
$74,900.00.
#2009-293 – Approving Award of Contract on Project WWTP-2010-2 for Primary Clarifier
Mechanism Replacement at the Waste Water Treatment Plant with Oakview Construction, Inc.
of Red Oak, Iowa in an Amount of $602,400.00.
RESOLUTIONS:
#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
is related to the aforementioned Public Hearing.
Motion by Ramsey, second by Nickerson to approve Resolution #2009-294 contingent upon
final inspections. Upon roll call vote, all voted aye. Motion adopted.
#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 is related to the aforementioned Public Hearing.
Motion by Gilbert, second by Haase to approve Resolution #2009-295. Upon roll call vote, all
voted aye. Motion adopted.
#2009-296 – Consideration of Request from James Fox dba Husker Hut, 1403 South Eddy Street
for a Class “I” Liquor License. This item was pulled at the request of the applicant.
#2009-297 – Consideration of Request from Julio Melesio dba Copas De Oro, 413 West 4th
Street for a Class “C” Liquor License. This item is related to the aforementioned Public Hearing.
Mr. Melesio answered questions from Council concerning his character and use of marijuana.
Motion by Gilbert, second by Ramsey to make no recommendation to the Liquor Control
Commission. Upon roll call vote, Councilmember’s Meyer, Gilbert, Haase, Carney, Ramsey,
Zapata, and Nickerson voted aye. Councilmember’s Niemann, Dugan, and Gericke voted no.
Motion adopted.
Page 4, City Council Regular Meeting, November 10, 2009 PAYMENT OF CLAIMS:
Motion by Dugan, second by Zapata to approve the Claims for the period of October 28, 2009
through November 10, 2009, for a total amount of $2,441,980.68. Unanimously approved.
Motion by Dugan, second by Zapata to approve the Claims for the Period of October 28, 2009
through November 10, 2009 for the Veterans Athletic Field Complex for a total amount of
$6,250.01. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 7:35 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of November 17, 2009 City Council Study
Session
Tuesday, November 24, 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 17, 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 17, 2009. Notice of the meeting was given in the Grand Island Independent on
November 11, 2009.
Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following
Councilmember’s were present: Gericke, Nickerson, Haase, Gilbert, and Meyer. Councilmember
Nie mann, Carney, Zapata, Dugan, and Ramsey were 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.
MAYOR COMMUNICATION: Mayor Hornady mentioned there was not a quorum and
therefore we could not hold a meeting. Also mentioned was the Community Youth Council
“Create Your Community” Art Contest which was to be held this week-end at the Conestoga
Mall and a Pie Fund Raiser to be held at Hy-Vee.
ADJOURNMENT: The meeting was adjourned at 7:05 p.m.
RaNae Edwards
City Clerk
Item G3
Approving Appointment of Rob Czaplewski to the Library Board
The Mayor has submitted the appointment of Rob Czaplewski to the Library board to replace
Michelle Oldham. This appointment would become effective immediately upon approval by
the City Council and would expire on June 30, 2012. Approval is recommended.
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item G4
Approving Request from Carl Mayhew, 507 Plum Road for Liquor
Manager Designation for the Liederkranz, 403 West 1st Street
Tuesday, November 24, 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 24, 2009
Subject: Request from Carl Mayhew, 507 Plum Road for Liquor
Manager Designation for the Liederkranz, 403 West 1st
Street
Item #’s: G-4
Presenter(s): RaNae Edwards, City Clerk
Background
Carl Mayhew, 507 Plum Road has submitted an application with the City Clerk’s Office
for a Liquor Manager Designation in conjunction with the Class “C-01467” Liquor
License for the Liederkranz, 403 West 1st Street.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Cont rol
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
2. Forward the request with no recommendation.
3. Take no action on the request.
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Carl Mayhew, 507 Plum Road for Liquor Manager
Designation in conjunction with the Class “C-01467” Liquor License for the Liederkranz,
403 West 1st Street with the stipulation that Mr. Mayhew complete a state approved
alcohol server/seller training program.
Item G5
#2009-298 - Approving Natural Gas Sales Agreement with
Northwestern Energy for the Wastewater Treatment Plant
Tuesday, November 24, 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 24, 2009
Subject: Approving Natural Gas Sales Agreement with
Northwestern Engery for the Wastewater Treatment Plant
Item #’s: G-5
Presenter(s): Steven P. Riehle, Public Works Director
Background
The City of Grand Island's Wastewater Treatment Plant is served by Northwestern
Energy for natural gas.
Northwestern Representatives indicate that the City’s Wastewater Treatment Plant is an
existing gas customer that entered into an agreement for interruptible natural gas service
quite some time ago (probably in the 1980’s). The current rates paid by the Wastewater
Division are interruptible rates that significantly reduce the cost to purchase natural gas.
Discussion
Northwestern Energy is requesting that the City's Wastewater Treatment Plant sign a new
natural gas sales agreement. The agreement with Northwestern is appropriate, as they
maintain the natural gas franchise for the City. To summarize, this agreement states that
the Wastewater Treatment Plant agrees to retain Northwestern Energy as the natural gas
supplier for at least five (5) years and that the plant will not go over 810 therms/day
during a curtailment period. There haven’t been any curtailments issued in over 10 years.
The 810 therms/day allocated to the Wastewater Treatment Plant is adequate to keep the
offices warm and equipment buildings above freezing. The forecast for available natural
gas is also stable for the future.
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 signing of the agreement,
by the Mayor, with Northwestern Energy to provide natural gas for at least five (5) years
to the Wastewater Treatment Plant.
Sample Motion
Move to approve the Mayor signing the agreement with Northwestern Energy.
Approved as to Form ¤ ___________
November 19, 2009 ¤ City Attorney
R E S O L U T I O N 2009-298
WHEREAS, the City of Grand Island’s Wastewater Treatment Plant receives natural gas
from Northwestern Energy; and
WHEREAS, Northwestern Energy has requested an agreement be signed stating the City
will retain Northwestern Energy as the natural gas provider for at least five (5) years; and
WHEREAS, as Northwestern Energy is the only option for supplying natural gas, it is
recommended the agreement be entered into; and
WHEREAS, the agreement provided by Northwestern Energy has been reviewed and
approved by the City Attorney’s office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Natural Gas Sales Agreement between the City
of Grand Island and Northwestern Energy is hereby approved; and the Mayor is hereby authorized and
directed to execute such agreement on behalf of the City Of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2009-299 - Approving Change Order No. 2 for Grading
Improvements at the Veterans Athletic Field Complex
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: November 24, 2009
Subject: Change Order #2 Grading Improvements-Veterans
Athletic Complex
Item #’s: G-6
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
A contract was entered into with Slepicka Construction in the amount of $87,942.25 to
provide grading serviced for the new Veterans Athletic Complex. Three additional acres
were added to the project to provide additional soccer ground.
Discussion
It has been determined that the proposed parking lot took away approximately 2.5 acres
from the original plan to provide 12 acres for soccer fields. It was determined the acres
need to be added to equal the amount of acres being lost at Fonner Park. The original bid
by Slepicka Construction was well below the next low bid and the contractor was willing
to add the additional acres to his contract at the same unit price. Because of these two
factors Seplika Construction was told to proceed with the work.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the Postpone the issue to future date
3. Take no issue to a Committee
4. action on the issue
Recommendation
City Administration recommends that the Council approve the change order in the
amount of $10,127.44.
Sample Motion
Move to increase the amount of the contract to Slepicka Construction in the amount of
$10,127.44.
Approved as to Form ¤ ___________
November 19, 2009 ¤ City Attorney
R E S O L U T I O N 2009 -299
WHEREAS, on September 8, 2009 by Resolution 2009-221 and October 27, 2009
by Resolution 2009-282, the City Council of the City of Grand Island awarded the Slepicka
Construction Co. from Dorchester, Nebraska, the bid in the amount of $87,942.25, for the Grading
Improvements at the new Veterans Athletic Field Complex; and
WHEREAS, it has been determined that additional grading for the development of
additional soccer acres to be performed by Slepicka Construction Co. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 2; and
WHEREAS, the result of such modifications will increase the contract amount by
$10,127.44 for a revised contract price of $98,069.69.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 2 between the City of Grand Island and the Slepicka Construction
Co. from Dorchester, Nebraska to provide the modifications set out as follows:
Additional grading for the development of additional soccer acres …………………..$10,127.44
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2009-300 - Approving Certificate of Final Completion for
Grading Improvements at the Veterans Athletic Field Complex
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: November 24, 2009
Subject: Certificate of Final Completion-Grading Improvements
Veterans Athletic Field Complex
Item #’s: G-7
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
A contract was entered into with Slepicka Construction on September 8, 2009 for the
grading improvements at the Veterans Athletic Field Complex.
Discussion
All work associated with this contract has been completed and it is appropriate at this
time to close out the contract.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the certificate of final
completion and make final payment to Slepicka Construction in the amount of
$10,127.44.
Sample Motion
Move to close out the contract with Slepicka Construction and make final payment in the
amount of $38,611.27 to Slepicka Construction for the grading improvements at the
Veterans Athletic Field Complex.
Approved as to Form ¤ ___________
November 19, 2009 ¤ City Attorney
R E S O L U T I O N 2009 -300
WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his
Certificate of Final Completion for the Grading Improvements at the new Veterans Athletic Field Complex,
certifying that Slepicka Construction Co., of Dorchester, Nebraska, under contract dated September 8,
2009, has completed such project according to the terms, conditions, and stipulations for such
improvements; and
WHEREAS, the Parks and Recreation Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Parks and Recreation Director’s Certificate of Final Completion for Grading
Improvements at the new Veterans Athletic Field Complex is hereby confirmed.
2. That a warrant be issued from Account No. 40044450-90122 in the total amount
of $10,127.44 payable to Slepicka Construction Co. for the final amount due the
contractor.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2009-301 - Approving Bid Award for (1) New 2009 4 Wheel Drive
43 HP Industrial Grade Tractor/Loader with Cab
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: November 24, 2009
Subject: Approving Bid Award for (1) 2009-4-Wheel Drive
Tractor
Item #’s: G-8
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
On November 3, 2009 the Park and Recreation Department, Maintenance Division
advertised for bids for the purchase of 1 new 4-wheel drive 43 HP Industrial Grade
Tractor/Loader with cab. See attached bid summary for details of the bid process.
Discussion
The new tractor will be used for many park activities including snow removal, grading,
fertilizing and material handling as examples. The new equipment will provide many
years of service and meets the requirements of the Park maintenance operation. The low
bid was provided by Central Nebraska Bobcat, of Grand Island in the amount of
$28,717.00. $42,000.00 was budgeted for this purchase.
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 tractor
from Cental Nebraska Bobcat.
Sample Motion
Move to purchase one 2009 4 Wheel Drive Tractor from Central Nebraska Bobcat for the
amount of $28,717.00.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: November 3, 2009 at 11:00 a.m.
FOR: (1) New 2009 4 Wheel Drive 43 HP Industrial Grade
Tractor/Loader with Cab
DEPARTMENT: Parks & Recreation
ESTIMATE: $42,000.00
FUND/ACCOUNT: 10044403-85615
PUBLICATION DATE: October 21, 2009
NO. POTENTIAL BIDDERS: 11
SUMMARY
Bidder: Nebraska Equipment, Inc. Toners, Inc.
Seward, NE Grand Island, NE
Exceptions: Noted Noted
Make & Model: 2008 Kubota L4240 HSTC-1 Farmall 45
Bid Price: $31,658.00 $29,100.00
Options:
Detachable Loader Mount Forks: $1,095.00 $ 750.00
Front Mount 72” Snow Blower: $4,107.00 $ 4,525.00
Front Mount Rotary Broom 68” Min.: $3,387.00 $ 4,525.00
(Front Quick Hitch & PTO Drive) $2,259.00
Bidder: Green Line Equipment Fairbanks Grand Island
Grand Island, NE Grand Island, NE
Exceptions: None Noted
Make & Model: John Deere 110 New Holland Boomer 3045
Bid Price: $39,500.00 $32,491.00
Options:
Detachable Loader Mount Forks: $ 775.00 $ 889.00
Front Mount 72” Snow Blower: $5,750.00 $ 6,095.00
Front Mount Rotary Broom 68” Min.: $4,100.00 $ 3,702.00
Bidder: Central Nebraska Bobcat
Grand Island, NE
Exceptions: None
Make & Model: Bobcat CT 445
Bid Price: $28,717.00
Options:
Detachable Loader Mount Forks: $609.00
Front Mount 72” Snow Blower: N/A
Front Mount Rotary Broom 68” Min.: N/A
cc: Steve Paustian, Park & Recreation Director Gregg Bostelman, Park Main. Sup.
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator Patti Buettner, Parks Secretary
P1379
Approved as to Form ¤ ___________
November 19, 2009 ¤ City Attorney
R E S O L U T I O N 2009-301
WHEREAS, the City of Grand Island invited sealed bids for a New 2009 4-Wheel Drive
43 HP Industrial Grade Tractor/Loader with Cab, according to plans and specifications on file with the
Parks and Recreation Department, Park Maintenance Division; and
WHEREAS, on November 3, 2009, bids were received, opened and reviewed; and
WHEREAS, Central Nebraska Bobcat from Grand Island, Nebraska, submitted a bid
in accordance with the terms of the advertisement of bids, plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $28,717.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Central Nebraska Bobcat from Grand
Island, Nebraska, in the amount of $28,717.00 for a New 2009 4-Wheel Drive 43 HP Industrial Grade
Tractor/Loader with Cab is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2009-302 - Approving Bid Award for Paving Improvements for
New Veterans Athletic Field Complex
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: November 24, 2009
Subject: Approving Bid Award for Paving Improvements for
Veterans Athletic Field Complex
Item #’s: G-9
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
On November 6, 2009 the Parks and Recreation Department, advertised for bids for
paving improvements at the Veterans Athletic Field Complex. Six firms provided bids for
this work. The bid was broken down into parts A, A and B and A-B-and C for Portland
Cement Concrete (see attached Bid Opening Memo). An allowance was made for an
alternate bid for Asphaltic Concrete. The bid provided by Gary Smith Constructio n was
the low bid for sections A and B at $341,338.50. This is the actual low bid, and is
$23,326.30 less than the Portland Cement Concrete bid provided by Diamond
Engineering for sections A and B at $364,664.80. It is the opinion of the Engineer and the
Parks and Recreation Director that the Portland Cement Concrete bid provided by
Diamond Engineering will be more cost effective long term.
At this time budgetary constrains allows for the award of the bid for parts A and B only.
As the project develops it is the hope of the Parks and Recreation Department that section
C can be added to the contract later next spring. (See attached drawing).
Discussion
Because of the relocation of the State Fair to Grand Island it is necessary to move the
athletic field complex currently located at Fonner Park to a new site. The new site is
located just south of Eagle Scout Park. The paving work is necessary to provide a parking
lot for participants and fans to park in. Fund number 40044450-0122 Veterans Home
Athletic Complex has funds budgeted for this purpose.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the award of a contract to
Diamond Engineering in the amount of $364,664.80.
Sample Motion
Move to award contract to Diamond Engineering for the paving improvements at the
Veterans Athletic Field Complex.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: November 18, 2009 at 11:00 a.m.
FOR: Paving Improvements for New Veterans Athletic Field Complex
DEPARTMENT: Park & Recreation
ESTIMATE: $605,000.00
FUND/ACCOUNT: 40044450-90122
PUBLICATION DATE: November 6, 2009
NO. POTENTIAL BIDDERS: 21
SUMMARY
Bidder: The Diamond Engineering Co. Gary Smith Const. Co., Inc.
Grand Island, NE Grand Island, NE
Bid Security: Universal Surety Company Inland Insurance Company
Exceptions: None None
Bid Price: Alternate Bid Price:
Section A – Paving: $306,067.20 $289,053.50
Section B – Paving: $ 58,597.60 $ 52,285.00
Section C – Paving: $ 57,226.75 $ 52,941.00
Total Cost by Sections:
Section A: $306,067.20 $289,053.50
Section A + B: $364,664.80 $341,338.50
Section A + B + C: $421,891.55 $394,279.50
Bidder: Stephens & Smith Construction Co. J.I.L. Asphalt Paving Co.
Lincoln, NE Grand Island, NE
Bid Security: Granite RE, Inc. Inland Insurance Company
Exceptions: None None
Bid Price: Alternate Bid Price:
Section A – Paving: $411,461.00 $315,519.35
Section B – Paving: $ 80,805.00 $ 58,058.05
Section C – Paving: $ 79,446.00 $ 57,843.20
Total Cost by Sections:
Section A: $411,461.00 $315,519.35
Section A + B: $492,266.00 $373,577.40
Section A + B + C: $571,712.00 $431,420.60
Bidder: Platte Valley Precast, Inc. Chief Construction Co.
Columbus, NE Grand Island, NE
Bid Security: Old Republic Surety Company Fidelity & Deposit Company
Exceptions: None None
Bid Price:
Section A – Paving: $377,071.00 $342,005.80
Section B – Paving: $ 65,102.00 $ 62,560.80
Section C – Paving: $ 63,766.00 $ 61,199.75
Total Cost by Sections:
Section A: $377,017.00 $342,005.80
Section A + B: $442,173.00 $404,566.60
Section A + B + C: $505,939.00 $465,766.35
cc: Steve Paustian, Parks & Recreation Director Patti Buetter, Parks Secretary
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator
P1381
Approved as to Form ¤ ___________
November 20, 2009 ¤ City Attorney
R E S O L U T I O N 2009 -302
WHEREAS, the City of Grand Island invited sealed bids for Paving Improvements
at the new Veterans Athletic Field Complex, according to plans and specifications on file with the Parks and
Recreation Department; and
WHEREAS, on November 18, 2009, bids were received, opened and reviewed; and
WHEREAS, Diamond Engineering from Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids, plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $364,664.80 for sections A and B.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Diamond Engineering from Grand Island,
Nebraska in the amount of $364,664.80 for Paving Improvements at the new Veterans Athletic Field
Complex is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2009-303 - Approving Bid Award for Utility Improvements at
Veterans Athletic Field Complex
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: November 24, 2009
Subject: Approving Bid Award for Utility Improvements for
Veterans Athletic Field Complex
Item #’s: G-10
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
On November 6, 2009 the Parks and Recreation Department, advertised for bids for
utility improvements at the Veterans Athletic Field Complex. Seven firms provided bids
for this work (see attached Bid Opening Memo). The low responsible bid was provided
by Diamond Engineering of Grand Island, NE in the amount of $191,335.18 for sections
D - Storm Sewer, E - Water Main, F - Sanitary Sewer and G - Electrical Conduit. It was
determined that section G - Electrical Conduit would not be let separately because of
potential coordination issues and additions that are going to be made to the amount of 2"
conduit required. By unit pricing Diamond Engineering will become the low bid for
section G as well.
Discussion
Because of the relocation of the State Fair to Grand Island it is necessary to move the
athletic field complex currently located at Fonner Park to a new site. The new site is
located just south of Eagle Scout Park. The utility work is necessary to provide for the
development of the complex. Fund number 40044450-90122 Veterans Home Athletic
Complex has funds budgeted for this purpose.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the award of a contract to
Diamond Engineering in the amount of $191,335.18.
Sample Motion
Move to award contract to Diamond Engineering for the utility improvements at the
Veterans Athletic Field Complex.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Wes Nespor, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: November 18, 2009 at 11:15 a.m.
FOR: Utility Improvements at Veterans Athletic Field Complex
DEPARTMENT: Parks & Recreation
ESTIMATE: $225,000.00
FUND/ACCOUNT: 40044450-90122
PUBLICATION DATE: November 6, 2009
NO. POTENTIAL BIDDERS: 27
SUMMARY
Bidder: Myers Construction Inc. Ensley Electrical Services, Inc.
Broken Bow, NE Grand Island, NE
Bid Security: Merchants Bonding Company Inland Insurance Company
Exceptions: None None
Bid Price:
Section D: $ 47,768.00 No Bid
Section E: $110,313.00 No Bid
Section F: $106,124.00 No Bid
Section G: $ 22,283.50 $10,077.80
Sec. D + E + F: $264,205.00 ----
Sec. D + E + F + G: $286,488.50 ----
Sec. G $ 22,283.50 $10,077.80
Bidder: K2 Construction The Diamond Engineering Co.
Lincoln, NE Grand Island, NE
Bid Security: International Fidelity Ins. Co. Universal Surety Company
Exceptions: None None
Bid Price:
Section D: $ 61,468.68 $ 37,764.20
Section E: $106,024.30 $ 84,434.50
Section F: $ 89,376.33 $ 57,853.20
Section G: $ 13,495.10 $ 11,283.28
Sec. D + E + F: $256,869.31 $180,051.90
Sec. D + E + F + G: $270,364.41 $191,335.18
Sec. G $ 13,495.10 $ 11,283.28
Bidder: Middleton Electric Inc. General Excavating
Grand Island, NE Lincoln, NE
Bid Security: Merchants Bonding Company Universal Surety Company
Exceptions: None None
Bid Price:
Section D: No Bid $ 52,949.00
Section E: No Bid $111,789.00
Section F: No Bid $ 83,192.00
Section G: $ 11,740.48 $ 16,363.30
Sec. D + E + F: No Bid $247,930.00
Sec. D + E + F + G: No Bid $264,293.30
Sec. G $ 11,740.48 $ 16,363.30
Bidder: Judds Bros. Construction co.
Lincoln, NE
Bid Security: Inland Insurance Company
Exceptions: None
Bid Price:
Section D: $ 63,920.00
Section E: $100,106.00
Section F: $ 93,900.00
Section G: $ 12,029.00
Sec. D + E + F: $257,926.00
Sec. D + E + F + G: $269,955.00
Sec. G $ 12,029.00
cc: Steve Paustian, Parks Director Patti Buettner, Parks Secretary
Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent
Jeff Pederson, City Administrator
P1382
Approv ed as to Form ¤ ___________
November 20, 2009 ¤ City Attorney
R E S O L U T I O N 2009-303
WHEREAS, the City of Grand Island invited sealed bids for Utility Improvements at the
new Veterans Athletic Field Complex, according to plans and specifications on file with the Parks and
Recreation Department; and
WHEREAS, on November 18, 2009, bids were received, opened and reviewed; and
WHEREAS, Diamond Engineering from Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids, plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $191,335.18 for sections D – Storm
Sewer, E – Water Main, F – Sanitary Sewer and G – Electrical Conduit.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Diamond Engineering from Grand Island,
Nebraska in the amount of $191,335.18 for Utility Improvements at the new Veterans Athletic Field
Complex is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2009-304 - Approving Medicare Enrollment Revalidation and
Appointing an Authorized Official and a Designated Official
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Council Agenda Memo
From: Mary Lou Brown, Finance Director
Meeting: November 24, 2009
Subject: Authorization of Signer and Delegated Official for
Medicare Program
Item #’s: G-11
Presenter(s): Mary Lou Brown, Finance Director
Background
The City of Grand Island, through its ambulance billing function, bills Medicare and is
required to periodically revalidate its enrollment in the Medicare program. The
application for revalidation is currently due to be completed by December 12, 2009.
Discussion
Council is being asked to make several authorizations related to the revalidation process.
These authorizations are as follows:
· Authorize the revalidation of the City’s enrollment in the Medicare program
· Authorize Mary Lou Brown, Finance Director, as the Authorized Official
· Authorize Karen Schneider, Accounting Clerk, as the Delegated Official
· Authorize Mary Lou Brown to sign any documents necessary for the revalidation
process, in particular, a Letter of Financial Responsibility that indicates that if
there are any monies owed to Medicare from Ambulance Service, that the City
will be responsible
· Authorize Karen Schneider to execute those forms related to the Medicare
program that would typically be given to a delegate to sign.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Postpone the issue to a future date
3. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the authorizations as follows:
· Authorize the revalidation of the City’s enrollment in the Medicare program
· Authorize Mary Lou Brown, Finance Director, as the Authorized Official
· Authorize Karen Schneider, Accounting Clerk, as the Delegated Official
· Authorize Mary Lou Brown to sign any documents necessary for the revalidation
process, including, but not limited to, a Letter of Financial Responsibility that
indicates that if there are any monies owed to Medicare from Ambulance Service,
that the City will be responsible
· Authorize Karen Schneider to execute those forms related to the Medicare
program that would typically be given to a delegate to sign.
Sample Motion
Move to authorize the revalidation of the City’s enrollment in the Medicare program,
authorize Mary Lo u Brown as the Authorized Official, authorize Karen Schneider as the
Delegated Official, authorize Mary Lou Brown to sign documents related to the
revalidation process and authorize Karen Schneider as the delegate to sign documents.
Approved as to Form ¤ ___________
November 19, 2009 ¤ City Attorney
R E S O L U T I O N 2009-304
WHEREAS, Medicare requires the periodic revalidation of the City of Grand Island’s
enrollment in the Medicare program through the completion of a CMS-855B; and
WHEREAS, the revalidation is due to Medicare on December 12, 2009
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that
1. The City of Grand Island shall revalidate its enrollment in the Medicare program.
2. The Finance Director, Mary Lou Brown, is named as the Authorized Official.
3. The Accounting Clerk, Karen Schneider, is named as the Delegated Official.
4. Mary Lou Brown is authorized to sign those documents necessary for the
revalidation process, including, but not limited to, a Letter of Financial
Responsibility that indicates that if there are any monies owed to Medicare from
Ambulance Service, that the City will be responsible.
5. Karen Schneider is authorized to execute those forms related to the Medicare
program that would typically be given to a delegate to sign.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item H1
Consideration of Request from Wayne E. Vian for Ashlar Lodge
No. 33 A.F. & A.M. for Permission to Dedicate the Cornerstone at
the City Owned State Fair Recreational Building
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Item I1
#2009-305 - 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-1.
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
November 19, 2009 ¤ City Attorney
R E S O L U T I O N 2009-305
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 November 14, 2009; such publication cost being $14.73; and
WHEREAS, a public hearing was held on November 24, 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 24, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2009-306 - Approving the Adoption of the Resolution to Comply
with Local Public Agency Guidelines Manual by Designating a
Responsible Charge
Tuesday, November 24, 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 24, 2009
Subject: Approving the Adoption of the Resolution to Comply
with Local Public Agency Guidelines Manual by
Designating a Responsible Charge
Item #’s: I-2
Presenter(s): Steven P. Riehle, Public Works Director
Background
Grand Island is a Local Public Agency (LPA) in the State of Nebraska receiving federal
transportation funding from the Federal Highway Administration (FHWA). FHWA
federal transportation funds are limited to Roadway, Bridge, and Trail Projects. As a sub-
recipient of federal transportation funding, the City of Grand Island is charged with the
responsibility of spending these funds in accordance with Federal and State law. The
Nebraska Department of Roads (NDOR) administers these funds under guidelines in the
NDOR's Local Projects Agency (LPA) Manual.
Discussion
There are a number of requirements to comply with the NDOR’s LPA Manual. The City
completed one of the steps by agreeing to comply with the requirements of the Nebraska
Department of Road’s (NDOR’s) LPA Manual by passing a resolution at the October 27,
2009 council meeting. One of the next steps is to designate a Responsible Charge (RC)
individual to oversee the federal aid transportation projects. The RC must be a full-time
employee of a governmental entity. If a community doesn’t have such an employee they
can contract through another government entity by an interlocal agreement. Prior to
designation as an RC, an individual has to participate in approximately three (3) weeks of
on-line training and two (2) separate weeks of classroom training. There will also be a
requirement of annual training in order to maintain certification as an RC.
Manager of Engineering Services, David Goedeken, has completed the training and is
certified by the NDOR as a Responsible Charge individual. Passing the resolution will
designate David as the City’s Responsible Charge individual for all projects that are
currently active and using federal aid transportation funds.
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 resolution, designating
David Goedeken, Manager of Engineering Services, as the Responsible Charge
individual for all currently active federal aid transportation projects.
Sample Motion
Move to approve the resolution designating David Goedeken as the City’s Responsible
Charge individual.
RESOLUTION
(DESIGNATING RC)
City of Grand Island ______
Resolution No. ___________
Whereas: The CITY OF GRAND ISLAND has a full-time public employee on staff, or has obtained
the services of a full-time public employee (an interlocal cooperation agreement, if applicable,
is attached) who is fully qualified and has the time and interest in serving as a “Responsible
Charge” (RC) for this project. The designated RC will be in day-to-day responsible charge of all
aspects of the project, from planning through post-construction activities, with the express
purpose of doing all things necessary for the project to remain eligible for federal-aid
transportation project funding; and
Whereas: the RC will ensure that, at a minimum, (1) the project receives independent and
careful development, supervision and inspection, (2) the project is constructed in compliance
with the plans and specifications, (3) all aspects of the project, from planning through
construction activities, including all environmental commitments, remain eligible for federal
funding, and (4) decisions made and actions taken for the project have adequate supporting
documentation filed in an organized fashion.
For purposes of this resolution, the following definitions will apply:
Fully qualified means a person who has satisfactorily completed all applicable Nebraska
Department of Roads (NDOR) training courses and who has met the other requirements
necessary to be included on the NDOR list of qualified Local Public Agency (LPA) RCs.
Full-time public employee means a public employee who meets all the requirements
and is afforded all the benefits of full-time employees as that phrase is applied to other
employees of the employing public entity. A person is not a full-time public employee if
that person provides outside private consulting services, or is employed by any private
entity, unless that person can prove to NDOR in advance, that employee’s non-public
employment is in a field unrelated to any aspect of the project for which federal aid is
sought.
Public employee means a person who is employed solely by a county, a municipality, a
political subdivision; a Native American tribe; a school district; another entity that is
either designated by statute as public or quasi-public; or an entity included on the list of
entities determined by the NDOR, and approved by the Federal Highway Administration
(FHWA), as fulfilling public or quasi-public functions.
Responsible charge means the public employee who is fully empowered by the LPA and
has actual day-to-day working knowledge and responsibility for all decisions related to
all aspects of the federal-aid project from planning through construction project
activities, including all environmental commitments. The RC is the day-to-day project
manager, and the LPA’s point-of-contact for the project. Responsible charge does not
mean merely delegating the various tasks; it means active day-to-day involvement in
identifying issues, investigating options, working directly with stakeholders, making
decisions, and actively monitoring project construction. It is understood that the RC
may delegate or contract certain technical tasks associated with the project so long as
the RC actively manages and represents the owner’s interests in the delegated technical
tasks.
Be It Resolved: by the City Council of the CITY OF GRAND ISLAND that:
DAVID GOEDEKEN is hereby designated as Responsible Charge (RC) for pre-construction and
construction phases, in accordance with the Project Program Agreement previously executed,
the NDOR LPA Guidelines Manual for Federal-aid Projects, and all Federal, State and local laws,
rules, regulations, policies and guidelines for the following Federal-aid transportation projects:
NDOR Project Number [URB-2235(5)],
NDOR Control Number [42519],
Northbound Lanes of South Locust Street, North of Interstate 80
NDOR Project Number [SRTS-40(57)],
NDOR Control Number [42521],
Walk to Walnut Safe Routes to School Project at 15th Street and Custer Avenue
NDOR Project Number [STPAA-5436(4)],
NDOR Control Number [42427],
Capital Avenue Widening from west of Carleton Avenue to Webb Road
NDOR Project Number [URB-30-4(151)],
NDOR Control Number [42477],
Storm Sewer from US Highway 30 to Wasmer Detention Cell
NDOR Project Number [ENH-40(59)],
NDOR Control Number [42650],
Bike Trail along Moore’s Creek Drainway; State Street to Capital Avenue
The City of Grand Island assures and agrees that:
1) It has authorized and fully empowered the RC to be in day-to-day responsible charge of the
subject federal-aid project; this does not mean merely supervising, overseeing or
delegating the various tasks, it means active day-to-day involvement in the project
including identifying issues, investigating options, working directly with stakeholders, and
decision-making.
2) The RC is a full-time public employee.
3) The RC is fully qualified and has successfully completed required training to serve as a RC.
4) It will allow the RC to spend all time reasonably necessary to properly discharge all duties
associated with the project, including ensuring that all aspects of the project, from
planning through post-construction activities, remain eligible for federal-aid highway
project funding.
5) It will not assign other duties to the RC that would affect his or her ability to properly carry
out the duties set out in this agreement.
6) It will provide necessary office space, materials and administrative support for the RC.
7) It will fully cooperate with, support and not unreasonably interfere with the day-to-day
control of the RC concerning the acts necessary for making the project eligible for federal
funding.
8) It will take all necessary actions and make its best good faith efforts to comply and assist
the RC in complying with all federal and state requirements and policies applicable to
federal-aid transportation projects, including, but not limited to, all applicable
requirements of 23 CFR 635.105.
9) It will take all necessary actions and make its best good faith efforts to ensure that the RC’s
work on the project would be deemed to meet the same standards that the Nebraska
Department of Roads must meet under 23 CFR 635.105.
10) It will comply with the conflict-of-interest requirements of 23 CFR 1.33.
11) It will notify NDOR immediately in the event the designated RC(s) will no longer be
assigned to the project. A supplemental agreement designating a replacement RC may be
required by NDOR.
12) It is ultimately responsible for complying with all federal and state requirements and
policies applicable to federal-aid highway projects. This includes meeting all post-
construction environmental commitments. The LPA understands that failure to meet any
eligibility requirements for federal funding may result in the loss of all Federal funding for
the project. In the event that the acts or omissions of RC, the LPA or its agents or
representatives result in a finding that a project is ineligible for Federal funding, the LPA
will be required to repay NDOR some or all previously paid Federal funds and any costs or
expenses NDOR has incurred for the project, including but not limited to, those costs for
the RC.
The CITY OF GRAND ISLAND understands that the following are the duties of the RC:
a) Serve as the LPA’s contact for issues or inquiries for Federal-aid projects assigned by the
LPA;
b) Ensure that all applicable Federal, State and local laws, rules, regulations, policies and
guidelines are followed during the development and construction of the project;
c) Know and follow the NDOR LPA Guidelines Manual for Federal-aid Projects;
d) Have active day-to-day involvement in identifying issues, investigating options, working
directly with stakeholders, and decision-making;
e) Ensure that the project plans and specifications are sealed, signed and dated by a
professional engineer licensed in the State of Nebraska, and that estimates have been
prepared and the construction has been observed by a professional engineer licensed in
the State of Nebraska or a person under the direct supervision of a professional
engineer licensed in the State of Nebraska (reference Neb. Rev. Stat. § 81-3445);
f) Competently manage and coordinate the project day-to-day operations, including all
project-related decisions, on behalf of the LPA, which includes the LPA’s governing body,
staff and any extended staff dedicated to the project such as consulting engineers;
g) Ensure that project documents are thoroughly checked, reviewed and have had quality
control measures applied, prior to submitting to NDOR and/or FHWA;
h) Monitor the progress and schedule of the project and be responsible for ensuring that
the project is completed on time in accordance with established milestone dates;
i) Properly serve as the owner’s representative, and to visit the project site during
construction on a frequency commensurate with the magnitude and complexity of the
project;
j) Ensure that proper construction management processes have been developed and
implemented for the project;
k) Serve as a steward of the public funds, i.e. ensure that the public gets what it is paying
for;
l) Attend all required training including the annual workshop; and
m) Fulfill continuing education requirements as specified in the NDOR LPA Guidelines
Manual for Federal-aid Projects.
Adopted by the City Council of the City of Grand Island, Nebraska, November 24, 2009.
The City Council of the CITY OF GRAND ISLAND
Jose Zapata Robert Niemann
Peg Gilbert Scott Dugan
Kirk Ramsey Robert Meyer
Larry Carney Mitch Nickerson
Chuck Haase John Gericke
Council Member_______________________________
Moved the adoption of said resolution
Member ___________________ Seconded the motion
Roll Call: ___Yes ___No ___Abstained ___Absent
Resolution adopted, signed and billed as adopted
____________________________________
Margaret Hornady, Mayor
Attest:
_________________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of November 11,
2009 through November 24, 2009
The Claims for the period of November 11, 2009 through November 24, 2009 for a total
amount of $3,521,396.45. A MOTION is in order.
Tuesday, November 24, 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 November 11,
2009 through November 24, 2009 for the Veterans Athletic Field
Complex
The Claims for the Veterans Athletic Field Complex for the period of November 11, 2009
through November 24, 2009 for the following requisitions.
#7 $126,103.42
A MOTION is in order.
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item J3
Approving Payment of Claims for the Period of October 28, 2009
through November 24, 2009 for the State Fair Recreation Building
The Claims for the Period of October 28, 2009 through November 24, 2009 for the State
Fair Recreational Building for the following requisitions.
#7 $2,826.62
A MOTION is in order.
Tuesday, November 24, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council