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02-09-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, February 09, 2010 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Jeff Pederson City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Scott Dugan John Gericke Peg Gilbert Chuck Haase Robert Meyer Mitchell Nickerson Bob Niemann Kirk Ramsey Jose Zapata Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Brad Foster, Horticulturist with the Parks and Recreation Department for 25 Years of Service with the City of Grand Island The Mayor and City Council will recognize Brad Foster, Horticulturist with the Parks and Recreation Department for 25 Years of Service with the City of Grand Island. Mr. Foster was hired on January 21, 1985 as a Maintenance Man II, was promoted to Parks Maintenance II on February 3, 1986; Maintenance Worker II on February 1, 1988; Parks Maintenance Worker II on January 1, 1989 and to his current position of Horticulturist on March 15, 1993. We congratulate Mr. Foster for his dedication and service to the City of Grand Island. Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C2 Recognition of Nick Mankle, Senior Power Plant Operator with the Utilities Department for 30 Years of Service with the City of Grand Island The Mayor and City Council will recognize Nick Mankle, Senior Power Plant Operator with the Utilities Department for 30 Years of Service with the City of Grand Island. Mr. Mankle was hired on February 12, 1980 as a Power Plant Operator I, was promoted to Power Plant Control Operator I on February 7, 1982; Power Plant Control Operator II on May 15, 1983; and to his current position of Senior Power Plant Operator on March 5, 1993. We congratulate Mr. Mankle for his dedication and service to the City of Grand Island. Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C3 Proclamation "Scouting Anniversary Week" February 7-13, 2010 Boy Scouts of America is the largest youth service organization in America, instilling values in youth since its founding in 1910. The Overland Trails Council of the Boy Scouts of America is celebrating Scouting's 100th anniversary. Mayor Hornady has proclaimed the week of February 7-13, 2010 as "Scouting Anniversary Week". See attached PROCLAMATION. Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item E1 Public Hearing on Request from Sam’s West, Inc. dba Sam’s Club 6461, 1510 North Diers Avenue for a Class “C” Liquor License Tuesday, February 09, 2010 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: February 9, 2010 Subject: Public Hearing on Request from Sam’s West, Inc. dba Sam’s Club 6461, 1510 North Diers Avenue for a Class “C” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Sam’s West, Inc. dba Sam’s Club 6461, 1510 North Diers Avenue has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also requested is a Liquor Manager Designation for Jeanette South, 2120 West State Street. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application of Sam’s West, Inc. dba Sam’s Club 6461, 1510 North Diers Avenue for a Class “C” Liquor License contingent upon final inspections and the request for Liquor Manager Designation from Jeanette South, 2120 West State Street contingent upon Ms. South completing a state approved alcohol server/seller training program. Item E2 Public Hearing on Request from ITT Corporation for a Conditional Use Permit for a FAA Communication Tower Located at 3565 Sky Park Road Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: February 9, 2010 Subject: Request of ITT Advanced Engineering & Sciences for Approval of a Condition Use Permit to Construct a Communication Tower at 3571 Sky Park Road Item #’s: E-2 & H-1 Presenter(s): Craig Lewis , Building Department Director Background This is a request to allow for the construction of a 65 foot monopole communication tower at 3571 Sky Park Rd. to facilitate a Federal Aviation Administration communication project at the Central Nebraska Regional Airport. The Grand Island Zoning Code requires that all communication towers receive the approval of City Council in the form of a conditional use permit prior to construction. The intent of the tower and telecommunication facilities and antenna regulations are to protect residential areas and land uses from the potential adverse impact of the installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers, and to ensure that towers and antennas are compatible with the surrounding land uses. Discussion The City code specifies eight items to be submitted with the application for a tower development permit, all of those items have been submitted, with the exception of; 1). the engineering of the tower and foundation design, and, 2). a building permit application for the proposed tower. It appears reasonable to delay the submittal of these two items until after the City Council has approved the location. At the time of a request for a building permit then the engineering for the construction needs to be submitted before a building permit would be issued. Documentation attesting to a diligent effort to collocate has been submitted from the applicant and there appears no other towers or structures within the one mile area that would accommodate this antenna system. The location of this proposal does not appear to create any negative impact on the neighboring properties. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the conditional use permit. 2. Disapprove or /Deny the conditional use permit. 3. Modify the conditional use to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request for a conditional use permit to construct this communication tower. Sample Motion Move to approve the request for a conditional use permit to construct a communication tower at 3571 Sky Park Road. Possible findings to support this position might include; that the application was submitted as prescribed in the City code and that the proposal would not adversely impact neighboring properties and land uses. Item E3 Public Hearing on the One & Six Year Street Improvement Plan Tuesday, February 09, 2010 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: February 9, 2010 Subject: Public Hearing on the One & Six Year Street Improvement Plan Item #’s: E-3 & I-2 Presenter(s): Steven P. Riehle, Public Works Director Background Adoption of a One and Six Year Street Improvement Program is mandatory by State Law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. The Public Works Department goes through a process to prioritize street projects taking into consideration many factors such as: · Availability of funds · Condition of the street · Traffic Counts · Eligibility for State/Federal funds · Redevelopment patterns · Public/Council input The process this year was expanded to include the 400 Capital Improvement Program (CIP) scoring and ranking system that was first presented at the February 2009 City Council Retreat. The City engages in a public process to assure input into the policy making process. The proposed One & Six Year Street Improvement Program is a result of the following steps: · Tuesday, January 26, 2010 - City Council referred plan to Regional Planning Commission · Wednesday, February 3, 2010 - Regional Planning Commission conducted a Public Hearing and forwarded the recommendation to the City Council · Tuesday, February 9, 2010 - City Council hears presentation from staff, conducts Public Hearing and passes a Resolution adopting the plan · Friday, February 26th – 1 & 6 year Street Improvement Program due at the Nebraska Department of Roads Discussion A public hearing was conducted, testimony received and discussion held on the One & Six Year Street Improvement Program at the Grand Island/Hall County Regional Planning Commission meeting on February 3, 2010. The commission forwarded the 1 & 6 Year Street Improvement Program to the council with a recommendation for approval. The projects listed in the 1 & 6 Year Plan for calendar year 2010 are considered definite projects. These projects were in the approved fiscal year 2010 budget. Many of the projects listed in the 1 & 6 Plan for 2011 through 2015 are also from the approved budget, but should be considered as planned projects. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council conduct a Public Hearing and approve the One and Six Year Street Improvement Program. Sample Motion Move to approve the One and Six Year Street Improvement Program. 2010 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-409 Locust to I-80 - Grading & Paving of NB Lanes 4,550$ 4,424$ 126$ M310-566 Resurfacing US Hwy 34/281 from N of I-80 to UPRR/Old Hwy 30 Overpass 7,064$ 5,915$ 1,127$ 22$ M310-537 Realign Walnut Ent. @ Custer / 15th St w/ Signal 370$ 270$ 100$ M310-508 Build Pipes from US Hwy 30 to Wasmer Cell 918$ 698$ 220$ M310-459 Build Drainway from CCC to Wood River 382$ 382$ M310-500 Capital Ave - Moores Creek Drainway to Webb Rd 150$ 120$ 30$ M310-515 Quiet Zone - UPRR Corridor - Oak, Pine, Elm & Walnut 150$ 150$ M310-487A Stolley - Asphalt Widening - Santa Anita Circle to Fair Parking Lot (Eng Design & ROW)200$ 200$ M310-571 Signal @ Front St & Webb Rd 106$ 106$ Street Resurfacing Drainage & Flood Control M310-461 Construction of NW GI Flood Control Project 1,175$ 450$ 725$ M310-485 PVIP Drainage Project - Phase 1 508$ 381$ 127$ M310-567 Integrated/Comprehensive Drainage Plan 115$ 115$ M310-382 Moores Creek Drain - Rogers Well to South of Old Potash 250$ 250$ Other M310- 447 Trail along Moores Creek Drain - State to Capital Connector 535$ 428$ 107$ M310- 572 Annual Sidewalk Projects 25$ 25$ Totals:16,498$ 12,686$ 1,127$ -$ 2,685$ 2/4/2010 Page 1 of 6 2011 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-541 Annual Paving Program (Assessment Districts)750$ 750$ Street Resurfacing Drainage & Flood Control M310-461 Construction of NW GI Flood Control Project 850$ 450$ 400$ M310-544 Concrete Lining of Drainage Ditches 50$ 50$ Other M310-408 Locust Trail - Superstructure over 2 Platte River Bridges 390$ 298$ 92$ M310-572 Annual Sidewalk Projects 25$ 25$ Totals:2,065$ 748$ -$ -$ 1,317$ 2/4/2010 Page 2 of 6 2012 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-518 Quiet Zone - UPRR Corridor - Licoln, Broadwell & Blaine/Custer 150$ 150$ M310-499A Broadwell Ave/UPRR - Environmental Study/Preliminary Engineering 640$ 512$ 128$ M310-267 Blaine Bridges over WR - Design & ROW 45$ 45$ M310-538 Round-a-Bout @ Capital Ave & North Rd 360$ 360$ M310-353 Faidley Ave - North Rd east to Irongate Ave (approx 2,000')1,250$ 1,138$ 112$ M310-267 Blaine Bridge Replacement with culverts 112$ 62$ 50$ M310-499A Broadwell Ave/UPRR - Final Design & ROW Appraisal 128$ 128$ M310-569 Signal @ US Hwy 30 (2nd Street) and Lincoln Ave 55$ 55$ M310-499A Broadwell Ave/UPRR - ROW 1,000$ 800$ 200$ M310-546 Annual Paving Program (Assessment Districts)750$ 750$ Street Resurfacing Drainage & Flood Control M310-461 Construction of NW GI Flood Control Project 850$ 450$ 400$ M310-507 Independence Ave Ditch - Design 80$ 80$ M310-568 Update Moores Creek Drainage Plan 78$ 39$ 39$ M310-549 Concrete Lining of Drainage Ditches 50$ 50$ M310-485 PVIP Drianage Project - Phase 2 272$ 172$ 100$ M310-507 Independence - Construct Culverts & Fill in West Ditch 350$ 280$ 70$ Other M310-517 Tail along Veteran's Home from Capital & Webb to Eagle Scout Park 600$ 480$ 120$ M310-572 Annual Sidewalk Projects 25$ 25$ Totals:6,795$ 2,279$ 1,654$ -$ 2,862$ 2/4/2010 Page 3 of 6 2013 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-352 US 30 Widening - West City Limits to Hwy 281 13,000$ 11,110$ 1,890$ M310-555 Annual Paving Program (Assessment Districts)750$ 750$ Street Resurfacing Drainage & Flood Control M310-461 Construction of NW GI Flood Control Project 850$ 450$ 400$ M310-559 Concrete Lining of Drainage Ditches 50$ 50$ Other M310-431 Trail along Locust from I-80 to WR Floodway 600$ 480$ 120$ M310-572 Annual Sidewalk Projects 25$ 25$ Totals:15,275$ 12,040$ -$ -$ 3,235$ 2/4/2010 Page 4 of 6 2014 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Resurfacing M310-411 Husker Hwy (US Hwy 34) from US Hwy 281 to Locust St 6,680$ 5,344$ 1,336$ M310-458 Signal @ US Hwy 34/281 and Wildwood Rd 170$ 85$ 85$ M310-560 Annual Paving Program (Assessment Districts)750$ 750$ Street Resurfacing Drainage & Flood Control M310-461 Construction of NW GI Flood Control Project 850$ 450$ 400$ M310-563 Concrete Lining of Drainage Ditches 50$ 50$ Other M310-414 Trail along I-80 form Mormon Island to Locust 600$ 480$ 120$ M310-572 Annual Sidewalk Projects 25$ 25$ M310-497 Lighting on US Hwy 281 from Stolley Park to Old Potash 250$ 250$ Totals:9,375$ 6,359$ -$ -$ 3,016$ 2/4/2010 Page 5 of 6 2015 and After Construction (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-499 Broadwell Ave/UPRR - Construction 10,800$ 1,080$ 8,640$ 1,080$ M310-487 Stolley - Locust to Fonner/HEC/Fair Entrance 1,200$ 1,200$ M310-564 Stolley - Fonner/HEC/Fair Entrance to Stuhr Rd 920$ 920$ M310-533 Husker Hwy W of US Hwy 34/281 Intersection 1,200$ 900$ 300$ M310-545 Signal @ US Hwy 34/281 and Rae Rd 135$ 68$ 67$ M310-556 North Rd over UPRR 7,600$ 760$ 6,080$ 760$ M310-551 Stolley Park Rd & North Rd Intersection 146$ 146$ M310-553 Left Turn Lane on 13th @ Redwood/Mansfield 62$ 62$ M310-528 State/Diers Intersection Improvements 390$ 390$ M310-552 Left Turn Lane on Husker Hwy @ HLHS 62$ 62$ M310-502 Shady Bend Rd @ UPRR -E Bypass 16,000$ 1,600$ 12,800$ 1,600$ M310-550 Left Turn Lane - North Rd @ NWHS 56$ 56$ M310-574 Misc. Signals - TBD 112$ 112$ M310-575 Annual Paving Program (Assessment Districts)750$ 750$ M310-540 North Rd & 13th St 300$ 300$ M310-535 Realign Barr Entrance @ Stolley/Adams w/ Signal 360$ 306$ 54$ M310-521 Swift Rd - WWTP to Stuhr Rd 450$ 450$ M310-89 Capital Ave - Webb Rd to Broadwell Ave 1,200$ 1,200$ M310-554 Resurface Wildwood from US Hwy 281 to Locust St 876$ 701$ 175$ M310-539 3rd St Widening - Adams to Eddy 90$ 90$ M310-520 Capital Ave - Broadwell Ave to St Paul Rd 1,000$ 1,000$ Street Resurfacing Drainage & Flood Control M310-573 Concrete Lining of Drainage Ditches 50$ 50$ M310-576 Misc. Major Drainage Development 500$ 250$ 250$ M310-511 Moores Creek - Old Potash to Edna 150$ 150$ Other M310-565 Trail along Locust from US Hwy 34 to Stagecoach 600$ 480$ 120$ M310-572 Annual Sidewalk Projects 25$ 25$ M310-527 Misc. Safety Projects - TBD 150$ 150$ Totals:45,184$ 6,145$ 27,520$ -$ 11,519$ 2/4/2010 Page 6 of 6 Item E4 Public Hearing for Neighborhood Stabilization Program Property Purchases Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: February 9, 2010 Subject: Consideration of the Purchase of 424 N. Waldo Street, 503 W. Louise Street, and 809 W. Charles Street Item #’s: E-4 & G-7 Presenter(s): Joni Kuzma, Community Development Administrator Background Community Development is proposing the purchase of the structures and properties at 424 N. Waldo Street, 503 W. Louise Street and 809 W. Charles Street as a part of the Neighborhood Stabilization Program using Community Development Block Grant funds. The structures were inspected, deemed to be blighted and are eligible for demolition. The Nebraska Department of Economic Development concurred with the blighted status of the structures and has given approval for the purchase and demolition of such. All structures on the properties are to be demolished and the lots redeveloped into new single-family homes to be sold to low-to-middle income first-time homebuyers. Discussion Third-party appraisals of the structures and properties were conducted by Alder Real Estate Appraisals who determined the market value of the properties as of December 18, 2009. Per Neighborhood Stabilization Guidelines, property must be purchased at or below 1% below fair market value. The homeowners have accepted the offers of the City and signed Agreements for Sale of Real Estate. The structures will be demolished and the properties redeveloped by a non-profit housing developer as was set forth in the original grant contract between the City and the Department of Economic Development approved by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the purchase of the identified properties and structures 2. Postpone the issue to a future date. 3. Take no action on the issue. Recommendation City Administration recommends that the Council approve the purchase of identified properties and structures. Sample Motion Move to approve the purchase of identified properties and structures. AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT is made between Michael R. Christensen, an unmarried person, and Michael K. Brown and Kari D. Brown, husband and wife, hereinafter called SELLER(S), and the City of Grand Island, Nebraska, hereinafter called the BUYER. 1. Description. The Seller agrees to sell to the Buyer and the Buyer agrees to purchase from the Seller the following real property: Lot Two (2), in Block Two (2), in Wiebe’s Addition to the City of Grand Island, Hall County, Nebraska 2. Default. It is agreed that if the Buyers default in the payments or in the performance of any other terms of this contract for a period of thirty (30) days after any of the payments are due, the Seller may take any action, including specific performance, afforded to the Seller under Nebraska Law. 3. Consideration. The Buyers agree to pay the sum of $35,000.00 at closing. 4. Warranty of Real Improvements. The Buyer acknowledges that Buyer has made a full and complete inspection of all real improvements, including residence, if any, and have received from the Seller all information and data pertaining thereto which the Buyer desires or require. The Buyer acknowledges that neither the Seller nor anyone acting on behalf of the Seller has made any representation with respect to the real improvements including the premises, the physical condition of the real improvements or the state of repair or maintenance. The Buyer acknowledges that Buyer is not relying on any statement or representation with respect to any real improvements other than those obtained by the Buyer from sources other than the Sellers or any one acting on behalf of the Seller. Buyer agrees to accept the real improvements "as is" and in the real improvements' present condition and state of repair. The Buyer acknowledges that the Seller is making no warranties, express or implied, with respect to the conditions of the premises. The Buyer agrees that, except if specifically provided, the Seller is not liable or bound in any manner by express warranties pertaining to any real improvements on the real estate, including the residence. This purchase agreement includes all prior negotiations, conversations, understanding and agreements between the parties, oral or written, which are all merged in this agreement. The Seller has previously disclosed the presence of asbestos in the building 5. Abstract or Title Insurance. Title insurance shall be provided and shall be paid 0% by seller and 100% plus riders by the buyer. 6. Type of Title. The Seller will execute and convey a Warranty Deed free and clear of all liens and encumbrances except easements of record. The Grantee in the Deed is hereby specified by Buyer as follows: The City of Grand Island, Nebraska 7. Taxes. The City was exempt from ad valorem taxes. However, as part of the consideration, the City will be responsible for all prior and current years’ taxes. 8. Possession - Closing. Possession of the real property will be given the Buyer by the Seller at closing of the transaction. 9. Title. Title to the real property and any personal property conveyed will remain in Seller until closing. 10. Transfer Tax. The Buyer agrees to pay any transfer tax required by the State of Nebraska on the purchase price at the time of closing. 11. Liens and encumbrances. All parties agree to keep the property described free from any liens and encumbrances unless otherwise stated. 12. Assignment. The Buyer may not sell or assign this contract without the written consent of the Seller except that the title being conveyed may be placed in a partnership or a corporation formed by the Buyer, not to include any other parties except the Buyer or her spouse. 13. Insurance. Insurance need not be maintained for fire and extended coverage on the improvements until closing. 14. Condition of Property Disclosure Statement. The City is acquiring this property for the express purpose of redevelopment. The residential structure will be removed. For that reason, the parties acknowledge that the premises are not habitable and a condition of property disclosure statement is waived. 15. Water, Sewer, Zoning and Survey. The property and real improvements are sold and conveyed subject to the following matters which shall not constitute objections to title and will be permitted exceptions. A. All zoning and building laws, ordinances and regulations of state, local and federal authorities having jurisdiction which effect the improvements and the use of the improvements, including private water sources; private septic tanks either in lands in the county or within city or village limits. B. Any stated facts or conditions an accurate survey or personal inspection made of the premises at the time of closing would disclose, including any leasehold rights and including easements of record or easily visible or known to the Buyer. 16. Lease. The property is not currently subject to a lease. 17. Covenants. It is mutually agreed that all of the covenants contained shall extend to and be obligatory upon the heirs, personal representatives and assigns of the parties. 18. Allocation of Expenses of Sale. The parties agree that the expenses of closing the sale transaction shall be allocated as follows: 100% Buyer 0% Seller. 19. Remonstrance and Public Hearing. The sale of real estate by the City is subject to the citizens’ right of remonstrance. In the event of remonstrance, this agreement shall become void and neither party shall be entitled to damages from the other. The purchase of real estate is subject to public hearing and approval by the Mayor and City Council of Grand Island. In the event such approval is not given, this agreement shall become void and neither party shall be entitled to damages from the other. 20. FUNDS AT CLOSING. STATE LAW NOW REQUIRES BUYER AND SELLER TO REMIT PURCHASE PRICE AND CLOSING COSTS BY GOOD FUNDS ONLY. THIS MEANS THAT ALL FUNDS NEEDED AT CLOSING MUST BE IN THE FORM OF A CASHIER'S CHECK, MONEY ORDER, CASH OR CERTIFIED BANK DRAFT. PERSONAL CHECKS WILL NOT BE ACCEPTED AT CLOSING AND WILL RESULT IN THE DELAY OF CLOSING. IN WITNESS WHEREOF the parties have hereunto executed this agreement in duplicate original counterparts on the dates as shown by their respective signatures. The City of Grand Island, Nebraska Dated: __________________ _____________________________ Margaret Hornady, Mayor _____________________________ Seller _____________________________ Seller Dated: __________________ _____________________________ Seller STATE OF NEBRASKA ss: COUNTY OF HALL Before me, a notary public duly qualified for said county, personally came Margaret Hornady, Mayor of Grand Island, Nebraska, known to me to be the identical persons who signed the foregoing instrument and acknowledged the execution thereof to be her voluntary act on behalf of the City of Grand Island. Witness my hand and notary seal on the ______ day of _______________, 2010. _____________________________ Notary Public STATE OF NEBRASKA ss: COUNTY OF HALL Before me, a notary public duly qualified for said county, personally came Michael R. Christensen, an unmarried person, and Michael K. Brown and Kari D. Brown, husband and wife, known to me to be the identical person(s) who signed the foregoing instrument and acknowledged the execution thereof to be their voluntary act. Witness my hand and notary seal on the ______ day of _______________, 2010. _____________________________ Notary Public REAL ESTATE CONTRACT SUPPLEMENTAL INFORMATION SELLER: Name(s):_____________________________________ ( ) Single _____________________________________ ( ) Husband & Wife Address:____________________________________ City, State, Zip:___________________________ Phone #:_________________________ Day _________________________ Evening BUYER: Name(s):_____________________________________ ( ) Single _____________________________________ ( ) Husband & Wife (Names in which Title to be taken) ( ) JT WROS ( ) Ten. in Common Address:_____________________________________ City, State, Zip:____________________________ Phone #:_________________________ Day _________________________ Evening LENDER: Name: _____________________________________ Address:_____________________________________ City, State, Zip:____________________________ Phone #:_____________________________________ ( ) Abstract ( ) Title Ins. (Coverage Amt.) ( ) Owner's $___________( ) Lender's $___________ AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT is made between Frank F. and Joan E. Gosda, husband and wife, hereinafter called SELLER(S), and the City of Grand Island, Nebraska, hereinafter called the BUYER. 1. Description. The Seller agrees to sell to the Buyer and the Buyer agrees to purchase from the Seller the following real property: Lots One Hundred Seventy-Six (176) and One Hundred Seventy-Seven (177), in Belmont, an Addition to the City of Grand Island, Hall County, Nebraska 2. Default. It is agreed that if the Buyers default in the payments or in the performance of any other terms of this contract for a period of thirty (30) days after any of the payments are due, the Seller may take any action, including specific performance, afforded to the Seller under Nebraska Law. 3. Consideration. The Buyers agree to pay the sum of $33,000.00 at closing. 4. Warranty of Real Improvements. The Buyer acknowledges that Buyer has made a full and complete inspection of all real improvements, including residence, if any, and have received from the Seller all information and data pertaining thereto which the Buyer desires or require. The Buyer acknowledges that neither the Seller nor anyone acting on behalf of the Seller has made any representation with respect to the real improvements including the premises, the physical condition of the real improvements or the state of repair or maintenance. The Buyer acknowledges that Buyer is not relying on any statement or representation with respect to any real improvements other than those obtained by the Buyer from sources other than the Sellers or any one acting on behalf of the Seller. Buyer agrees to accept the real improvements "as is" and in the real improvements' present condition and state of repair. The Buyer acknowledges that the Seller is making no warranties, express or implied, with respect to the conditions of the premises. The Buyer agrees that, except if specifically provided, the Seller is not liable or bound in any manner by express warranties pertaining to any real improvements on the real estate, including the residence. This purchase agreement includes all prior negotiations, conversations, understanding and agreements between the parties, oral or written, which are all merged in this agreement. The Seller has previously disclosed the presence of asbestos in the building 5. Abstract or Title Insurance. Title insurance shall be provided and shall be paid 0% by seller and 100% plus riders by the buyer. 6. Type of Title. The Seller will execute and convey a Warranty Deed free and clear of all liens and encumbrances except easements of record. The Grantee in the Deed is hereby specified by Buyer as follows: The City of Grand Island, Nebraska 7. Taxes. The City was exempt from ad valorem taxes. However, as part of the consideration, the City will be responsible for all prior and current years’ taxes. 8. Possession - Closing. Possession of the real property will be given the Buyer by the Seller at closing of the transaction. 9. Title. Title to the real property and any personal property conveyed will remain in Seller until closing. 10. Transfer Tax. The Buyer agrees to pay any transfer tax required by the State of Nebraska on the purchase price at the time of closing. 11. Liens and encumbrances. All parties agree to keep the property described free from any liens and encumbrances unless otherwise stated. 12. Assignment. The Buyer may not sell or assign this contract without the written consent of the Seller except that the title being conveyed may be placed in a partnership or a corporation formed by the Buyer, not to include any other parties except the Buyer or her spouse. 13. Insurance. Insurance need not be maintained for fire and extended coverage on the improvements until closing. 14. Condition of Property Disclosure Statement. The City is acquiring this property for the express purpose of redevelopment. The residential structure will be removed. For that reason, the parties acknowledge that the premises are not habitable and a condition of property disclosure statement is waived. 15. Water, Sewer, Zoning and Survey. The property and real improvements are sold and conveyed subject to the following matters which shall not constitute objections to title and will be permitted exceptions. A. All zoning and building laws, ordinances and regulations of state, local and federal authorities having jurisdiction which effect the improvements and the use of the improvements, including private water sources; private septic tanks either in lands in the county or within city or village limits. B. Any stated facts or conditions an accurate survey or personal inspection made of the premises at the time of closing would disclose, includ ing any leasehold rights and including easements of record or easily visible or known to the Buyer. 16. Lease. The property is not currently subject to a lease. 17. Covenants. It is mutually agreed that all of the covenants contained shall extend to and be obligatory upon the heirs, personal representatives and assigns of the parties. 18. Allocation of Expenses of Sale. The parties agree that the expenses of closing the sale transaction shall be allocated as follows: 100% Buyer 0% Seller. 19. Remonstrance and Public Hearing. The sale of real estate by the City is subject to the citizens’ right of remonstrance. In the event of remonstrance, this agreement shall become void and neither party shall be entitled to damages from the other. The purchase of real estate is subject to public hearing and approval by the Mayor and City Council of Grand Island. In the event such approval is not given, this agreement shall become void and neither party shall be entitled to damages from the other. 20. FUNDS AT CLOSING. STATE LAW NOW REQUIRES BUYER AND SELLER TO REMIT PURCHASE PRICE AND CLOSING COSTS BY GOOD FUNDS ONLY. THIS MEANS THAT ALL FUNDS NEEDED AT CLOSING MUST BE IN THE FORM OF A CASHIER'S CHECK, MONEY ORDER, CASH OR CERTIFIED BANK DRAFT. PERSONAL CHECKS WILL NOT BE ACCEPTED AT CLOSING AND WILL RESULT IN THE DELAY OF CLOSING. IN WITNESS WHEREOF the parties have hereunto executed this agreement in duplicate original counterparts on the dates as shown by their respective signatures. The City of Grand Island, Nebraska Dated: __________________ _____________________________ Margaret Hornady, Mayor Dated: __________________ _____________________________ Seller (Frank F. Gosda) Dated: __________________ _____________________________ Seller (Joan E. Gosda) STATE OF NEBRASKA ss: COUNTY OF HALL Before me, a notary public duly qualified for said county, personally came Margaret Hornady, Mayor of Grand Island, Nebraska, known to me to be the identical persons who signed the foregoing instrument and acknowledged the execution thereof to be her voluntary act on behalf of the City of Grand Island. Witness my hand and notary seal on the ______ day of _______________, 2010. _____________________________ Notary Public STATE OF NEBRASKA ss: COUNTY OF HALL Before me, a notary public duly qualified for said county, personally came Frank Gosda, a married person, known to me to be the identical person(s) who signed the foregoing instrument and acknowledged the execution thereof to be his voluntary act. Witness my hand and notary seal on the ______ day of _______________, 2010. _____________________________ Notary Public STATE OF NEBRASKA ss: COUNTY OF HALL Before me, a notary public duly qualified for said county, personally came Joan E Gosda, a married person, known to me to be the identical person(s) who signed the forego ing instrument and acknowledged the execution thereof to be his voluntary act. Witness my hand and notary seal on the ______ day of _______________, 2010. _____________________________ Notary Public REAL ESTATE CONTRACT SUPPLEMENTAL INFORMATION SELLER: Name(s):_____________________________________ ( ) Single _____________________________________ ( ) Husband & Wife Address:____________________________________ City, State, Zip:___________________________ Phone #:_________________________ Day _________________________ Evening BUYER: Name(s):_____________________________________ ( ) Single _____________________________________ ( ) Husband & Wife (Names in which Title to be taken) ( ) JT WROS ( ) Ten. in Common Address:_____________________________________ City, State, Zip:____________________________ Phone #:_________________________ Day _________________________ Evening LENDER: Name: _____________________________________ Address:_____________________________________ City, State, Zip:____________________________ Phone #:_____________________________________ ( ) Abstract ( ) Title Ins. (Coverage Amt.) ( ) Owner's $___________( ) Lender's $___________ AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT is made between LaDonna Wieczorek, (an unmarried widow, hereinafter called SELLER(S), and the City of Grand Island, Nebraska, hereinafter called the BUYER. 1. Description. The Seller agrees to sell to the Buyer and the Buyer agrees to purchase from the Seller the following real property: Lot One (1), Block Six (6), in Wiebe’s Addition to the City Of Grand Island, Hall County, Nebraska. 2. Default. It is agreed that if the Buyers default in the payments or in the performance of any other terms of this contract for a period of thirty (30) days after any of the payments are due, the Seller may take any action, including specific performance, afforded to the Seller under Nebraska Law. 3. Consideration. The Buyers agree to pay the sum of $35,000 at closing. 4. Warranty of Real Improvements. The Buyer acknowledges that Buyer has made a full and complete inspection of all real improvements, including residence, if any, and have received from the Seller all information and data pertaining thereto which the Buyer desires or require. The Buyer acknowledges that neither the Seller nor anyone acting on behalf of the Seller has made any representation with respect to the real improvements including the premises, the physical condition of the real improvements or the state of repair or maintenance. The Buyer acknowledges that Buyer is not relying on any statement or representation with respect to any real improvements other than those obtained by the Buyer from sources other than the Sellers or any one acting on behalf of the Seller. Buyer agrees to accept the real improvements "as is" and in the real improvements' present condition and state of repair. The Buyer acknowledges that the Seller is making no warranties, express or implied, with respect to the conditions of the premises. The Buyer agrees that, except if specifically provided, the Seller is not liable or bound in any manner by express warranties pertaining to any real improvements on the real estate, including the residence. This purchase agreement includes all prior negotiations, conversations, understanding and agreements between the parties, oral or written, which are all merged in this agreement. The Seller has previously disclosed the presence of asbestos in the building 5. Abstract or Title Insurance. Title insurance shall be provided and shall be paid 0% by seller and 100% plus riders by the buyer. 6. Type of Title. The Seller will execute and convey a Warranty Deed free and clear of all liens and encumbrances except easements of record. The Grantee in the Deed is hereby specified by Buyer as follows: The City of Grand Island, Nebraska 7. Taxes. The City was exempt from ad valorem taxes. However, as part of the consideration, the City will be responsible for all prior and current years’ taxes. 8. Possession - Closing. Possession of the real property will be given the Buyer by the Seller at closing of the transaction. 9. Title. Title to the real property and any personal property conveyed will remain in Seller until closing. 10. Transfer Tax. The Buyer agrees to pay any transfer tax required by the State of Nebraska on the purchase price at the time of closing. 11. Liens and encumbrances. All parties agree to keep the property described free from any liens and encumbrances unless otherwise stated. 12. Assignment. The Buyer may not sell or assign this contract without the written consent of the Seller except that the title being conveyed may be placed in a partnership or a corporation formed by the Buyer, not to include any other parties except the Buyer or her spouse. 13. Insurance. Insurance need not be maintained for fire and extended coverage on the improvements until closing. 14. Condition of Property Disclosure Statement. The City is acquiring this property for the express purpose of redevelopment. The residential structure will be removed. For that reason, the parties acknowledge that the premises are not habitable and a condition of property disclosure statement is waived. 15. Water, Sewer, Zoning and Survey. The property and real improvements are sold and conveyed subject to the following matters which shall not constitute objections to title and will be permitted exceptions. A. All zoning and building laws, ordinances and regulations of state, local and federal authorities having jurisdiction which effect the improvements and the use of the improvements, including private water sources; private septic tanks either in lands in the county or within city or village limits. B. Any stated facts or conditions an accurate survey or personal inspection made of the premises at the time of closing would disclose, including any leasehold rights and including easements of record or easily visible or known to the Buyer. 16. Lease. The property is not currently subject to a lease. 17. Covenants. It is mutually agreed that all of the covenants contained shall extend to and be obligatory upon the heirs, personal representatives and assigns of the parties. 18. Allocation of Expenses of Sale. The parties agree that the expenses of closing the sale transaction shall be allocated as follows: 100% Buyer 0% Seller. 19. Remonstrance and Public Hearing. The sale of real estate by the City is subject to the citizens’ right of remonstrance. In the event of remonstrance, this agreement shall become void and neither party shall be entitled to damages from the other. The purchase of real estate is subject to public hearing and approval by the Mayor and City Council of Grand Island. In the event such approval is not given, this agreement shall become void and neither party shall be entitled to damages from the other. 20. FUNDS AT CLOSING. STATE LAW NOW REQUIRES BUYER AND SELLER TO REMIT PURCHASE PRICE AND CLOSING COSTS BY GOOD FUNDS ONLY. THIS MEANS THAT ALL FUNDS NEEDED AT CLOSING MUST BE IN THE FORM OF A CASHIER'S CHECK, MONEY ORDER, CASH OR CERTIFIED BANK DRAFT. PERSONAL CHECKS WILL NOT BE ACCEPTED AT CLOSING AND WILL RESULT IN THE DELAY OF CLOSING. IN WITNESS WHEREOF the parties have hereunto executed this agreement in duplicate original counterparts on the dates as shown by their respective signatures. The City of Grand Island, Nebraska Dated: __________________ _____________________________ Margaret Hornady, Mayor Dated: __________________ _____________________________ Seller STATE OF NEBRASKA ss: COUNTY OF HALL Before me, a notary public duly qualified for said county, personally came Margaret Hornady, Mayor of Grand Island, Nebraska, known to me to be the identical persons who signed the foregoing instrument and acknowledged the execution thereof to be her voluntary act on behalf of the City of Grand Island. Witness my hand and notary seal on the ______ day of _______________, 2010. _____________________________ Notary Public STATE OF NEBRASKA ss: COUNTY OF HALL Before me, a notary public duly qualified for said county, personally came LaDonna Wieczorek, an unmarried widow, known to me to be the identical person(s) who signed the foregoing instrument and acknowledged the execution thereof to be her voluntary act. Witness my hand and notary seal on the ______ day of _______________, 2010. _____________________________ Notary Public REAL ESTATE CONTRACT SUPPLEMENTAL INFORMATION SELLER: Name(s):_____________________________________ ( ) Single _____________________________________ ( ) Husband & Wife Address:____________________________________ City, State, Zip:___________________________ Phone #:_________________________ Day _________________________ Evening BUYER: Name(s):_____________________________________ ( ) Single _____________________________________ ( ) Husband & Wife (Names in which Title to be taken) ( ) JT WROS ( ) Ten. in Common Address:_____________________________________ City, State, Zip:____________________________ Phone #:_________________________ Day _________________________ Evening LENDER: Name: _____________________________________ Address:_____________________________________ City, State, Zip:____________________________ Phone #:_____________________________________ ( ) Abstract ( ) Title Ins. (Coverage Amt.) ( ) Owner's $___________( ) Lender's $___________ Item G1 Approving Minutes of January 26, 2010 City Council Regular Meeting Tuesday, February 09, 2010 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 January 26, 2010 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 January 26, 2010. Notice of the meeting was given in The Grand Island Independent on January 20, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s were present: Meyer, Gilbert, Haase, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke. Councilmember Niemann was absent. 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. COMMUNICATION: Mayor Hornady introduced CYC members Konner Davis and Dillon Spies. PUBLIC HEARINGS: Public Hearing on Re-Adoption of the City of Grand Island Official Zoning Map. Chad Nabity, Regional Planning Director reported that the last revision to the Official Zoning Map was done on March 25, 2008 and it was time to re-adopt the map incorporating all changes since the last re-adoption. Staff recommended approval. No public testimony was heard. Public Hearing on Amending the Zoning for Property Located at 1613 and 1615 Hope Street – RD Residential Development. Chad Nabity, Regional Planning Director reported that this request was to amend the existing Nottingham Estates RD – Residential Development zone, to combine lots 19 and 20 of Nottingham Estates Subdivision and permit the construction of a duplex unit on the combined lots. Staff recommended approval. No public testimony was heard. Public Hearing on Redevelopment Plan for Real Estate between 9th Street and 12th Street along Poplar Street. Chad Nabity, Regional Planning Director reported that Habitat for Humanity was proposing to build houses on at least 4 vacant lots along Poplar Street. CRA was proposing to finance a project to install a water line and intended to recoup their investment from the water line through Tax Increment Financing. It was requested that Council approve a resolution approving the cost benefit analysis as presented along with the amended redevelopment plan for CRA and authorizing the CRA to execute a contract for TIF based on the plan amendment. Staff recommended approval. No public testimony was heard. Public Hearing on Redevelopment Plan for Real Estate Located at the Southeast Corner of 4th Street and Cedar Street. Chad Nabity, Regional Planning Director reported that Pharmacy Properties LLC was proposing to build a U-Save Pharmacy at the corner of 4th and Cedar Streets. CRA was proposing to provide incentives for development in underdeveloped areas of the community. It was requested that Council approve a resolution approving the cost benefit analysis as presented along with the amended redevelopment plan for CRA and authorizing CRA Page 2, City Council Regular Meeting, January 26, 2010 to execute a contract for TIF based on the plan amendment. Staff recommended approval. Bill Francis, 222 North Cedar Street, Attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing for Community Revitalization CDBG Phase 1 Grant Application. Joni Kuzma, Community Development Administrator reported that the City was applying for a $257,794 grant to carry out Phase 1 of a Comprehensive Revitalization Strategy for a selected low-to- moderate income area in Grand Island. The request included grant funds up to $239,784 for 4 blocks of water main and 7 Ludlow fire hydrant replacements and an amount not to exceed 7% ($18,046) for General Administration. Staff recommended approval. No 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 ordinances numbered: #9248 – Consideration of Amending the Zoning for Property Located at 1613 and 1615 Hope Street – RD Residential Development 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 these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted. Ordinance #9248 related to the aforementioned Public Hearing. Motion by Meyer, second by Ramsey to approve Ordinance #9248. City Clerk: Ordinance #9248 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote all voted aye. Motion adopted. City Clerk: Ordinance #9248 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9248 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-7, G-8, G-18 and G-16 were removed for further discussion. Item G-13 was removed from the agenda. Motion by Zapata, second by Gilbert to approve the Consent Agenda excluding items G-7, G-8, G-10, G-13, and G-16. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 12, 2010 City Council Regular Meeting. Approving Minutes of January 19, 2010 City Council Study Session. Page 3, City Council Regular Meeting, January 26, 2010 #2010-24 – Approving Final Plat and Subdivision Agreement for Nottingham Estates Third Subdivision. It was noted that Gregory Baker, President of Baker Development Company, owner had submitted the Final Plat and Subdivision Agreement for Nottingham Estates Third Subdivision for the purpose of creating 1 lot on a tract of land comprising all of Lots Nineteen (19) and Twenty (20), Nottingham Estates Subdivision comprising of approximately .166 acres. #2010-25 – Approving Final Plat and Subdivision Agreement for Parmley Subdivision. It was noted that Robert Parmley, owner had submitted the Final Plat and Subdivision Agreement for Parmley Subdivision for the purpose of creating 2 lots on a tract of land comprising all of Lot Four (4), in Fractional Block One Hundred Thirty Six (136), Union Pacific Railway Company’s Second Addition, and its compliment Fractional Lot Four (4), in Fractional Block Seven (7), Russel Wheeler’s Addition comprising of approximately .200 acres. #2010-26 – Approving Final Plat and Subdivision Agreement for Rathgeber Acres subdivision. It was noted that Roy Rathgeber, owner has submitted the final Plat and Subdivision Agreement for Rathgeber Acres Subdivision for the purpose of creating 3 lots on a tract of land comprising all of Lot Two (2), Spencer Acres Subdivision comprising of approximately 7.091 acres. Councilmember Gilbert voted no. #2010-27 – Approving Re-Adoption of the City of Grand Island Official Zoning Map. #2010-30 – Approving Community Revitalization CDBG Phase 1 Grant Application. #2010-32 – Approving Change Order #1 for Water Main Project 2009-W-3 – Water Main Extension – Husker Highway and 60th Road with Van Kirk Brothers Contracting of Sutton, Nebraska for a Time Extension of 90 days. #2010-33 – Approving the Power Sales and Marketing Agreements between the City of Grand Island and Omaha Public Power District. #2010-34 – Approving Supplemental Agreement Number 2 for Safe Routes to School Program Funding for the Walk to Walnut Project with the Nebraska Department of Roads. This item was removed from the agenda at the request of the Public Works Department. #2010-35 – Approving Change Order #2, #4, and #5 for Grand Generation Center Kitchen Addition and Renovation with Chief Construction Company of Grand Island, Nebraska for an Increase of $1,914.00. #2010-36 – Approving Waiver/Fine Schedule Revisions. #2010-28 – Approving Redevelopment Plan for Real Estate between 9th Street and 12th Street along Poplar Street. Discussion was held concerning the cost benefit analysis and TIF financing. Chad Nabity stated CRA would do the TIF financing on this project. Motion by Haase, second by Nickerson to approve Resolution #2010-28. Upon roll call vote, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, January 26, 2010 #2010-29 – Approving Redevelopment Plan for Real Estate Located at the Southeast Corner of 4th Street and Cedar Street. Discussion was held on the amount of the financing fee of $568,000. Chad Nabity stated it would be $111,000. Motion by Haase, second by Gilbert to approve Resolution #2010-29. Upon roll call vote, all voted aye. Motion adopted. #2010-31 – Approving Transfer from the General Fund to the Debt Service Fund. Discussion was held concerning the difference between funding a negative cash balance and a negative net asset balance. Finance Director Mary Lo u Brown stated the State Auditors office recommended the transfer of $91,000 and that claims would still be submitted to Council on this fund. City Administrator Jeff Pederson stated Council needed to stay within state statutes. Motion by Haase, second by Zapata to approve the transfer of $281,000 from the General Fund to the Debt Service Fund. Upon roll call vote, Councilmember’s Haase and Gericke voted aye. Councilmember’s Meyer, Gilbert, Carney, Dugan, Ramsey, Zapata, and Nickerson voted no. Motion failed. Motion by Nickerson, second by Ramsey to approve Resolution #2010-31 transferring $91,000 from the General Fund to the Debt Service Fund. Upon roll call vote, all voted aye. Motion adopted. #2010-37 – Approving Purchase of (16) New Dell Optiplex 960 FLX Computers for the Police Department from Dell State Contract No. 12551 OC in an Amount of $23,178.24. Discussion was held regarding the specifications for these computers. Police Chief Steve Lamken stated the specifications were drawn up by the IT Department and no bids were received after going out to bid. Chief Lamken also stated there was software included in the specifications. Motion by Dugan, second by Zapata to approve Resolution #2010-37. Upon roll call vote, Councilmember’s Meyer, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Haase voted no. Motion adopted. REQUESTS AND REFERRALS: Approving Referral of the One & Six Year Street Improvement Plan to the Regional Planning Commission. Steve Riehle, Public Works Director reported on the process of having the Regional Planning Commission act on the One & Six Year Street Improvement Program and then bring their recommendations to the City Council. The City Council would act on this at their February 9, 2009 Regular meeting. Discussion was held on the timeline for the South Locust project. Mr. Riehle stated the State of Nebraska would open bids in March with a June 1, 2010 start date. Motion by Gilbert, second by Meyer to approve the referral of the One & Six Year Street Improvement Plan to the Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, January 26, 2010 PAYMENT OF CLAIMS: Motion by Dugan, second by Ramsey to approve the Claims for the period of January 13, 2010 through January 26, 2010, for a total amount of $2,750,117.75. Unanimously approved. Councilmember Haase voted no on the following claims: Community Development claims in the amount of $110.87 Community Development claims for Contract Services in the amount of $2,060.60 Backflow in the amount of $58.70 Motion by Dugan, second by Ramsey to approve the Claims for the period of January 13, 2010 through January 26, 2010 for the Veterans Athletic Field Complex for a total amount of $101,584.63. Unanimously approved. Motion by Dugan, second by Ramsey to approve the Claims for the period of December 16, 2009 through January 26, 2010 for the State Fair Recreation Building for a total amount of $30,436.21. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of February 2, 2010 City Council Study Session Tuesday, February 09, 2010 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 February 2, 2010 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 February 2, 2010. Notice of the meeting was given in the Grand Island Independent on January 27, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Gericke, Nickerson, Zapata, Ramsey, Dugan, Carney, Gilbert, Niemann, and Meyer. Councilmember Haase 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 Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced CYC members Audie Aguilar, Alisia Rivera, Danielle Jim, Andres Gamboa, and Miranda Baxter. Presentation of Statements of Interest for City Owned Property Located at 2204 Bellwood Drive Know as the Racquet Center. City Administrator Jeff Pederson reported that at the January 19, 2010 Study Session, City Council discussed future options for the Racquet Center building. It was decided to bring this item back to council to allow individuals to state an interest in the use of the facility. Request for Proposals would then be issued to those interested parties. Matt Westfall, 2003 West Division Street, President of the Grand Island Tennis Association presented interest for a tennis facility. Mark Galvan, 584 East 20th Street representing the Central Nebraska Girls Softball Association presented interest for the west half of facility for baseball/softball and east side for tennis. Presentation Concerning College Street Closing. Dr. Steve Joel, Superintendent of Schools reported that the Grand Island School Board had developed a Plan for site improvements around Grand Island Senior High (GISH). Proposed was to close College Street between Custer Street and Lafayette Avenues. Mr. Joel commented on the growth of GISH. Safety and expansion of the school was mentioned for the need to close College Street. Mr. Joel stated to his knowledge GISH was the only school in the State of Nebraska where a street divided the campus. Mr. Joel stated the school wanted to work with the City by doing a study of closing College Street from Custer Street to Lafayette Avenue for two months during the school year and then opening the street before school closes to see where traffic flow issues were. Bonnie Hinkle, 1603 Spruce Road, School Board Member spoke in support of closing College Street. Page 2, City Council Study Session, February 2, 2010 A PowerPoint presentation was given by Terry Brown, 503 Fleetwood Circle and representative of Olsson & Associates outlining the College Street Closing Plan. Maps of the area showing the closing of College Street, roundabouts, pick up and drop off points were presented. Andres Gamboa, 4019 Boston Circle representing the Community Youth Council spoke in opposition of closing College Street. Safety issues were mentioned along with alternatives to closing the street permanently such as gates, walkway built over College Street, tunnel, or traffic lights. The following people spoke: · Douglas Lamfear, 2128 North Custer wanted more information from the school concerning the closing · Jim O’Neill, 2426 North Custer commented on open campus · Leo Tylkowski, 1916 North Sheridan commented on the traffic study, safety issues, and traffic flow problems Steve Riehle, Public Works Director commented on the traffic study. This issue along with traffic safety had been looked at since 1978. Mr. Riehle commented on gates and the importance of the study and the impact on surrounding streets. Traffic studies were recommended for at least five weeks. Discussion was held regarding the increased parking area, approximately 50 additional stalls. Mr. Riehle answered questions concerning the closing of Division Street in front of St. Mary’s Cathedral and traffic studies. Diverting traffic to Capital Avenue was discussed with concerns of safety and road conditions. Emergency personnel using College Street were mentioned. Comments were made concerning parking problems around GISH. Additional traffic flow at the intersections of State Street, Custer Street, and Lafayette Avenue were mentioned as a concern. Mr. Joel commented that the only place to expand GISH would be to the south of the current building across College Street. Increased traffic on Capital Avenue due to the new softball complex at Eagle Scout Lake was mentioned along with the intersection at Capital Avenue and Broadwell Avenue. Fire Chief Troy Hughes commented that closing College Street would not be a problem for the Fire Department as they unusually use State Street. ADJOURNMENT: The meeting was adjourned at 8:15 p.m. RaNae Edwards City Clerk Item G3 #2010-38 - Approving Change Order #1 to the Irrigation System Installation at the Veterans Athletic Field Complex Tuesday, February 09, 2010 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: February 9, 2010 Subject: Change Order #1 Addition and Modifications to the Irrigation System Installation at Veterans Athletic Field Complex Item #’s: G-3 Presenter(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with Natures Helper Sprinkler Systems in the amount of $123,750.00 to provide an underground sprinkling system for the new Veterans Athletic Complex. Three additional acres were added to the project to provide additional soccer ground and the original design was modified to change the water source from City water to a private well. Discussion It has been determined that the proposed parking lot took away approximately 3.5 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 Natures Helper Sprinkler Systems 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. See attached information. 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 $45,415.00. Sample Motion Move to increase the amount of the contract to Natures Helper Sprinkler System contract in the amount of $45,415.00. Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-38 WHEREAS, on September 8, 2009 by Resolution 2009-220, the City Council of the City of Grand Island awarded the Nature’s Helper Sprinkler Systems of Omaha, Nebraska, the bid in the amount of $123,750.00, for the Furnishing and Installation of an Irrigation System at the new Veterans Athletic Field Complex; and WHEREAS, it has been determined that additions and modifications to the irrigation system installation to be performed by Nature’s Helper Sprinkler Systems are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $45,415.00 for a revised contract price of $169,165.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and the Nature’s Helper Sprinkler Systems of Omaha, Nebraska to provide the modifications set out as follows: Additions and modifications to the irrigation system installation ………………………..$45,415.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2010-39 - Approving Change Order #1 to the Utility Improvements at the Veterans Athletic Field Complex Tuesday, February 09, 2010 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: February 9, 2010 Subject: Change Order #1 Utility Improvements at Veterans Athletic Field Complex Item #’s: G-4 Presenter(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with Diamond Engineering in the amount of $191,335.18 to provide utility services for the new Veterans Athletic Complex. Discussion It has been determined that a new location for the soccer field restroom/concession stand would serve the needs of the participants better. To this end an additional 276 feet of 6 inch sanitary sewer will be required. In addition, with the increased size of the parking lot an additional 950 feet of 2 inch electrical conduit will be needed to light the parking lot. All costs associated with this change order are the same as the original unit costs provided by Diamond Engineering in their original bid. 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 $8,902.20. This will make the new contract amount be $200,237.38. Sample Motion Move to increase the amount of the contract to Diamond Engineering in the amount of $8,902.20. Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-39 WHEREAS, on November 24, 2009 by Resolution 2009-303, the City Council of the City of Grand Island awarded the Diamond Engineering Co. from Grand Island, Nebraska, the bid in the amount of $191,335.18, for the Utility Improvements sections D, E, F and G at the new Veterans Athletic Field Complex; and WHEREAS, it has been determined that additional sanitary sewer line and electrical conduit to be performed by Diamond Engineering Co. are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $8,902.20 for a revised contract price of $200,237.38. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and the Diamond Engineering Co. from Grand Island, Nebraska to provide the modifications set out as follows: Addition of 276’ of 6” sanitary sewer line………………………………………..$4,430.20 Addition of 950’ of 2” electrical conduit..………………………………………..$4,472.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2010-40 - Approving Certificate of Final Completion for Retaining Wall Construction at Sucks Lake Tuesday, February 09, 2010 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: February 9, 2010 Subject: Certificate of Final Completion-Retaining Wall Construction Sucks Lake Item #’s: G-5 Presenter(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with Greenworks Landscaping and Design on October 14, 2008 to construct a retaining wall along the south shoreline of Sucks Lake. This project was cost shared with the Nebraska Department of Environmental Quality. Total cost of the project was $68,786.00 with the City's share being $27,514.40. 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 for the construction of the Retaining Wall at Sucks Lake. Sample Motion Move to approve certificate of final completion for the Retaining Wall at Sucks Lake. Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-40 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for the Retaining Wall Construction at Sucks Lake, certifying that Greenworks Landscaping & Design of Grand Island, Nebraska, under contract dated October 14, 2008, 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 the Retaining Wall Construction at Sucks Lake is hereby confirmed. 2. That final payment was paid on November 24, 2009. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2010-41 - Approving Certificate of Final Completion for Furnishing and Installation of Well at the Veterans Athletic Field Complex Tuesday, February 09, 2010 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: February 9, 2010 Subject: Certificate of Final Completion-Furnishing and Installation of Well at the Veterans Athletic Field Complex Item #’s: G-6 Presenter(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with Nunnenkamp Well Co. on September 22, 2009 for the installation of a well 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 Nunnenkamp Well in the amount of $29,890.00. Sample Motion Move to close out the contract with Nunnenkamp Well Co. and make final payment in the amount of $29,890.00 to Nunnenkamp Well Co. for the installation of an irrigation well at the Veterans Athletic Field Complex. Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-41 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for the Furnishing and Installation of Well at the new Veterans Athletic Field Complex, certifying that Nunnenkamp Well Co. of Grand Island, Nebraska, under contract dated September 22, 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 Furnishing and Installation of Well 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 $29,890.00 payable to Nunnenkamp Well Co. for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2010-42 - Approving Neighborhood Stabilization Program Property Purchases This item relates to the aforementioned Public Hearing Item E-4. Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-42 WHEREAS, the City of Grand Island, Nebraska was awarded a $993,000 Neighborhood Stabilization Program (NSP) grant from the Nebraska Department of Economic Development; and WHEREAS, the grant has enabled the city to purchase and demolish at least six (6) vacant, blighted structures and redevelop the lots into six (6) new homes, WHEREAS, the properties and structures at 424 N. Waldo Street, 503 W. Louise Street, and 809 W. Charles Street meet the blighted criteria as set by the Neighborhood Stabilization Program and the Nebraska Department of Economic Development; WHEREAS, a public hearing was held on February 9, 2010 for the purpose of discussing the proposed acquisition of the following real estate: Lots One Hundred Seventy-Six (176) and One Hundred Seventy- Seven (177), in Belmont, an Addition to the City of Grand Island, Hall County, Nebraska (424 N. Waldo Street) Lot One (1), in Block (6), in Wiebe’s Addition to the City of Grand Island, Hall County, Nebraska (503 W. Louise Street) Lot Two (2), in Block Two (2), in Wiebe’s Addition to the City of Grand Island, Hall County, Nebraska (809 W. Charles Street) NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: The City of Grand Island, Nebraska is hereby authorized to acquire the properties and structures at 424 N. Waldo Street, 503 W Louise Street, and 809 W. Charles Street and the Mayor is hereby authorized and directed to execute such contracts. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________ RaNae Edwards, City Clerk Item G8 #2010-43 - Approving Bid Award for Turbine Valve Overhaul at Platte Generating Station Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: February 9, 2010 Subject: Turbine Valve Overhaul Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background An inspection and overhaul of the turbine valves at the Platte Generating Station is performed every three years following the five year cycle of the more encompassing Turbine-Generator Overhaul. The next valve overhaul is scheduled for the Spring of this year. During this inspection, the turbine valves are completely disassembled and all components are cleaned, inspected, repaired, or replaced as necessary. Specifications were developed by the plant maintenance staff to include all labor to open, disassemble, inspect, clean, and close the turbine valves, with the City to supply all parts and materials. The base bid was specified to be an eighteen day plant outage and standard work hours. Alternative bids using extended work hours for a shorter plant outage schedule were also solicited. Discussion The specifications for the Turbine Valve Overhaul were advertised and issued for bid in accordance with the City purchasing code. Bids were publicly opened on at 11:00 a.m. on January 19, 2010. Specifications were sent to eight potential bidders. One response was received as listed below. The engineer’s estimate for this project was $325,000.00. Bidder Base Bid Price Alternate Bid Power Generation Service, Inc. $152,440.00 (18 days) $177,500.00 (13 days) The bids were reviewed by plant management staff. The alternate bid from Power Generation Services was based on a thirteen day schedule. Based on an estimated differential replacement power cost of $40,000 for each day that Platte is off-line, the payback for the extra cost of the alternate bid is less than one day. Plant staff therefore recommends that the alternate bid be awarded. It is compliant with specifications and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract to Power Generation Service from Anoka, Minnesota, as the low responsive bidder, with a contract price of $177,500.00. Sample Motion Move to approve the bid of $177,500.00 from Power Generator Service for the Turbine Valve Overhaul. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 19, 2010 at 11:00 a.m. FOR: Turbine Valve Overhaul DEPARTMENT: Utilities ESTIMATE: $325,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: January 9, 2010 NO. POTENTIAL BIDDERS: 9 SUMMARY Bidder: Power Generation Service Anoka, MN Bid Security: RLI Insurance Company Exceptions: Noted Bid Price: (18 day schedule) (Expedited 13 day schedule) Material: $ 1,000.00 $ 1,000.00 Labor: $151,370.00 $ 176,430.00 Sales Tax: $ 70.00 $ 70.00 Total Bid: $152,440.00 $177,500.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Rodger Zawodniak, Utilities Dept. Karen Nagel, Utilities Secretary P1389 Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-43 WHEREAS, the City Electric Department invited sealed bids for Turbine Valve Overhaul at the Platte Generating Station; and WHEREAS, on January 19, 2010, bids were received, opened and reviewed; and WHEREAS, Power Generation Service, Inc. of Anoka, Minnesota, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $177,500.00; and WHEREAS, the bid of Power Generation Service, Inc. of Anoka, Minnesota, is less than the estimate for Turbine Valve Overhaul at the Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Power Generation Service, Inc. of Anoka, Minnesota, in the amount of $177,500.00 for Turbine Valve Overhaul at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-44 - Approving Bid Award for Coal Conveyor Belting at Platte Generating Station Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: February 9, 2010 Subject: Coal Conveyor Belting Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background Platte Generating Station utilizes a conveyor system to transport coal from the point where train cars unload to the coal storage pile and to the top of the coal storage bunkers. The conveyor system consists of five separate conveyors, each with a unique reinforced rubber conveyor belt. As the conveyor belts endure wear and tear through regular usage, periodic replacement of conveyor belting is required. An engineering assessment was recently performed to estimate end of life expectancies for each of the five conveyor belts. It was determined that three of the five conveyor belts had an end of life expectancy from six months to eighteen months. Specifications were developed by the plant staff to include the purchase of three new coal conveyor belts. The specification was written to require firm, lump sum pricing. Installation will be done under future separate contracts as plant operations allow. Discussion The specifications for the Coal Conveyor Belting were advertised and issued for bid in accordance with the City purchasing code. Specifications were sent to seven potential bidders and responses were received as listed below. The engineer’s estimate for this project was $80,000.00. Bidder Bid Price Lewis-Goetz & Company, Inc. $48,580.68 Systems Enterprise Corporation $49,080.90 Mid-America Vulcanizing $49,375.15 Applied Industrial Technologies $53,229.82 IBT, Inc. $56,937.38 Bidder Bid Price All-State Industries, Inc. $59,320.80 Apache Hose & Belting $65,798.14 Plant staff reviewed the bids for compliance with the City’s detailed specifications. The lowest bid, from Lewis-Goetz & Company, is compliant with those specifications. Alte rnatives 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 presented in this motion Recommendation City Administration recommends that the Council award the Contract with Lewis-Goetz & Company of Kansas City, Missouri, as the low responsive bidder, with the bid price of $48,580.68. Sample Motion Move to approve the bid of $48,580.68 from Lewis-Goetz & Company for the Coal Conveyor Belting. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 26, 2010 at 11:00 a.m. FOR: Coal Conveyor Belts for #2, #3 and #4 DEPARTMENT: Utilities ESTIMATE: $80,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: January 15, 2010 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Applied Industrial Technologies Systems Enterprise Corporation Omaha, NE Mazon, IL Bid Security: $2,628.00 $4,022.70 Exceptions: Noted None Bid Price: Materials: $49,747.50 $10,560.00 Sales Tax: $ 3,482.32 $ 741.00 Total Bid: $53,229.82 $11,301.00 Bidder: All-State Industries, Inc. Lewis-Goetz & Company, Inc. West Des Moines, IA Kansas City, MO Bid Security: Merchants Bonding Company $2,270.13 Exceptions: None None Bid Price: Materials: $55,440.00 $45,402.50 Sales Tax: $ 3,880.80 -0- . Total Bid: $59,320.80 $45,402.50 Bidder: Apache Hose & Belting Mid-America Vulcanizing Cedar Rapids, IA Hillsboro, MO Bid Security: $3,294.91 $2,307.25 Exceptions: Noted None Bid Price: Materials: $61,493.60 $46.145.00 Sales Tax: $ 4,304.54 $ 3,230.15 Total Bid: $65,798.14 $49,375.15 Bidder: IBT, Inc. Grand Island, NE Bid Security: $3,000.00 Exceptions: None Bid Price: Materials: $53,212.50 Sales Tax: $ 3,724.88 Total Bid: $56,937.38 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Rodger Zawodniak, Utilities Dept. Karen Nagel, Utilities Secretary P1391 Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-44 WHEREAS, the City Electric Department invited sealed bids for Coal Conveyor Belting at the Platte Generating Station; and WHEREAS, on January 26, 2010, bids were received, opened and reviewed; and WHEREAS, Lewis-Goetz & Company of Kansas City, Missouri, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $48,580.68; and WHEREAS, the bid of Lewis-Goetz & Company of Kansas City, Missouri, is less than the estimate for replacement of Coal Conveyor Belting at the Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Lewis-Goetz & Company of Kansas City, Missouri, in the amount of $48,580.68 for replacement of Coal Conveyor Belting at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2010-45 - Approving Supplemental Agreement Number 2 for Safe Routes to School Program Funding for the Walk to Walnut Project Tuesday, February 09, 2010 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: February 9, 2010 Subject: Approving Supplemental Agreement Number 2 for Safe Routes to School Program Funding for the Walk to Walnut Project Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background The City Council approved the program agreements with the Nebraska Department of Roads for Safe Routes to School Infrastructure and Non-Infrastructure Program Funding for the Walk to Walnut Project on August 28, 2007. The agreement provided for awarding a construction contract by December 31, 2008. Supplemental Agreement Number 1, which was approved by City Council on December 16, 2008, extended the schedule by specifying a construction contract be awarded by December 31, 2009. Discussion In following with the State’s new federal aid requirements it is necessary to approve Supplemental Agreement Number 2, which will designate responsibility to the State for the letting of this project, name the Responsible Charge (RC) for the project and also extend the construction contract award deadline. Steven Riehle, Public Works Director/City Engineer, has been certified as an RC for federal aid projects and will be named as such for this project. The construction contract award deadline has been extended to November 1, 2010 through this supplemental agreement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve Supplemental Agreement Number 2 for time extension for Safe Routes to School Program Funding for the Walk to Walnut Project. Sample Motion Moven to approve Supplemental Agreement Number 2. Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-45 WHEREAS, on August 28, 2007, by Resolution 2007-205, the City Council of the City of Grand Island approved the Program Agreement with the Nebraska Department of Roads for the Safe Routes to School Infrastructure and Non-Infrastructure Program funding for the Walk to Walnut Project; and WHEREAS, on December 16, 2008, by Resolution 2008-351 the City Council approved Supplemental Agreement Number 1 with the Nebraska Department of Roads for the Safe Routes to School Program funding for the Walk to Walnut Project; and WHEREAS, the completion of such project has been delayed due to environmental reviews; and WHEREAS, it will be the responsibility of the Nebraska Department of Roads to let the project; and WHEREAS, the Responsible Charge (RC) for the Walk to Walnut project will be Steven Riehle, Public Works Director/City Engineer; and WHEREAS, the construction contract award deadline is being extended to November 1, 2010; and WHEREAS, it is necessary to enter into Supplemental Agreement Number 2 with the Nebraska Department of Roads; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Supplemental Agreement Number 2 with the Nebraska Department of Roads for the Safe Routes to School Program funding for the Walk to Walnut Project is hereby approved. BE IT FURTHER RESOLVED, that 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, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2010-46 - Approving the Adoption of the Resolution to Comply with Local Public Agency Guidelines Manual by Designating a Responsible Charge Tuesday, February 09, 2010 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: February 9, 2010 Subject: Approving the Adoption of the Resolution to Comply with Local Public Agency Guidelines Manual by Designating a Responsible Charge Item #’s: G-11 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. Another requirement is the designation of 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. At the November 24, 2009 council meeting Manager of Engineering Services, David Goedeken, was named the City’s RC. David has resigned his position with the City, effective the end of February 2010; therefore another individual needs to be named as the City’s RC. Steven Riehle, Public Works Director/City Engineer, has completed the training for certification by the NDOR as a Responsible Charge individual. Passing the resolution will designate Steven as the City’s Responsible Charge individual for all projects that are currently active and using federal aid transportation funds for City of Grand Island projects. 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 Steven Riehle, Public Works Director/City Engineer, as the Responsible Charge individual for all currently active federal aid transportation projects. Sample Motion Move to approve the resolution designating Steven Riehle 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: STEVEN RIEHLE 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, February 9, 2010. 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 G12 #2010-47 - Approving Interlocal Agreement with Central Platte Natural Resources District (CPNRD) for Aerial Photography Tuesday, February 09, 2010 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 Gary R. Mader, Utilities Director Meeting: February 9, 2010 Subject: Approving Interlocal Agreement with Central Platte Natural Resources District (CPNRD) for Aerial Photography Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background The Geographic Information System (GIS) is used extensively by city staff and the public for information gathering and analysis. The GIS is a working tool for architects, banks, consultants, contractors, developers, general public, realtors, and many others. The aerial photos are one of the more popular and useful aspects of the GIS. The GIS currently has aerial photos available for years 1938, 1957, 1963, 2005 and 2007. The city also has aerial photos from 1975, 1992, 1999 and 2002. The cost for aerial photos has declined over the years as digital technology has improved. The total city cost for aerial photos in 2002 was over $120,000. The aerial photos in 2005 were paid for largely with Homeland Security funds. The total city cost for the aerial photos in 2007 was $42,000. Discussion The Central Platte Natural Resources District (CPNRD), along with the cities of Grand Island, Kearney, Central City, Lexington, Cozad, Gothenburg, North Platte and Hastings, as well as the counties of Adams and Hamilton are working together to provide high resolution aearial photography for their respective jur isdictions. This project involves cooperations on many levels and will result in a significant cost savings to all entities involved in this project. The City of Grand Island has the opportunity to update photos for Grand Island and surrounding areas in 2010 for an approximate total amount of $36,000. The cost will be split 50/50 with funds available within the current Public Works Engineering and Utilities budgets. Participating in this cooperative effort will allow the city to update photos every 3 years for considerably less then the cost of updating the photos on our own. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works and Utility Administrations recommends that the Council approve the Interlocal Agreement as presented. Sample Motion Move to approve the Interlocal Agreement as presented. Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-47 WHEREAS, in 2007, the City of Grand Island, along with Adams, Buffalo and Madison Counties and the cities of Columbus, Kearney and Norfolk worked together to have aerial photographs taken of their respective areas; and WHEREAS, it has been recommended that a group of local sponsors re-unite to update the aerial photographs in their respective regions for a more cost effective rate; and WHEREAS, the Central Platte Natural Resources District (CPNRD), along with the cities of Grand Island, Kearney, Central City, Lexington, Cozad, Gothenburg, North Platte and Hastings, as well as the counties of Adams and Hamilton have indicated an interest in working together to provide high resolution aerial photography for their respective jurisdictions; and WHEREAS, this project involves cooperation on many levels and will result in a significant cost savings to all entities involved in this project; and WHEREAS, the City’s cost share of the project will be approximately $36,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperative Agreement by and between the Central Platte Natural Resources District, cities of Grand Island, Kearney, Central City, Lexington, Cozad, Gothenburg, North Platte and Hastings, as well as the counties of Adams and Hamilton, is hereby approved according to the terms set out in the agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Interlocal Cooperative Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from ITT Corporation for a Conditional Use Permit for a FAA Communication Tower Located at 3565 Sky Park Road This item relates to the aforementioned Public Hearing Item E-2. Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item I1 #2010-48 - Consideration of Request from Sam’s West, Inc. dba Sam’s Club 6461, 1510 North Diers Avenue for a Class “C” Liquor License and Liquor Manager Designation for Jeanette South, 2120 West State Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-48 WHEREAS, an application was filed by Sam’s West, Inc. doing business as Sam’s Club 6461, 1510 North Diers Avenue for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on January 30, 2010; such publication cost being $15.18; and WHEREAS, a public hearing was held on February 9, 2010 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Jeanette South, 2120 West State Street as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2010-49 - Consideration of One & Six Year Street Improvement Plan This item relates to the aforementioned Public Hearing Item E-3. Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ February 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-49 WHEREAS, the Regional Planning Commission, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 3, 2010, on the One and Six Year Street Improvement Program for the City of Grand Island; and WHEREAS, at the February 3, 2010 public hearing, the Regional Planning Commission approved the One and Six Year Street Improvement Program 2010-2015, and recommended that such program be approved by the City Council; and WHEREAS, the Grand Island City Council, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 9, 2010, on the One and Six Year Street Improvement Program for the City of Grand Island; and WHEREAS, this Council has determined that the One and Six Year Street Improvement Program as set out in Exhibit “A” should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the One and Six Year Street Improvement Program 2010-2015, based on priorities of needs and calculated to contribute to the orderly development of city streets, and identified as Exhibit “A”, is hereby approved and adopted by this Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of January 27, 2010 through February 9, 2010 The Claims for the period of January 27, 2010 through February 9, 2010 for a total amount of $2,528,590.26. A MOTION is in order. Tuesday, February 09, 2010 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 January 27, 2010 through February 9, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of January 26, 2010 through February 9, 2010 for the following requisitions. #13 $28,064.00 A MOTION is in order. Tuesday, February 09, 2010 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 January 27, 2010 through February 9, 2010 for the State Fair Recreation Building The Claims for the Period of January 27, 2010 through February 9, 2010 for the State Fair Recreational Building for the following requisitions: #11 $427,500.00 A MOTION is in order. Tuesday, February 09, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council