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04-27-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, April 27, 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 Larry Graves, Senior Power Plant Operator with the Utilities Department for 40 Years of Service with the City of Grand Island The Mayor and City Council will recognize Larry Graves, Sr. Power Plant Operator with the Utilities Department at Burdick Station for 40 Years of Service with the City of Grand Island. Mr. Graves was hired on April 6, 1970 as an Administrator I, was promoted to Administrator II on May 1, 1971; Power Plant Operator I on October 3, 1988; Utilities Operator on August 1, 1992; Sr. Utilities Operator on June 13, 1993; Sr. Power Plant Operator on October 6, 2003 and to his current position of Sr. Power Plant Operator at the Burdick Station on October 1, 2007. We congratulate Mr. Graves for his dedication and service to the City of Grand Island. Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C2 Proclamation "Stand Against Racism" April 30, 2010 Grand Island is represented by persons of many races and cultural backgrounds. The YWCA is dedicated to eliminating racism, empowering women, and promoting peace, justice, freedom, and dignity for all. The Mayor has proclaimed April 30, 2010 as a day to "Stand Against Racism". See attached PROCLAMATION. Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C3 Proclamation "Arbor Day" April 30, 2010 In 1872, J. Sterling Morton proposed that a special day be set aside for the planting of trees. This holiday was designated "Arbor Day" and is now observed in Nebraska, throughout the nation and the world. In conjunction with Arbor Day, the City of Grand Island is celebrating its 24th year as a "Tree City USA". The Mayor has proclaimed April 30, 2010 as "Arbor Day" in the City of Grand Island and encourages citizens to support efforts to protect our trees and woodlands. See attached PROCLAMATION. Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item D1 #2010-BE-1 - Consideration of Determining Benefits for 2009 Weed and Nuisance Special Assessments Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: April 27, 2010 Subject: Determination of Benefits 2009 Weed Abatement Program Item #’s: D-1 & F-2 Presenter(s): Mary Lou Brown, Finance Director Background The Grand Island City Code contains a procedure for abating nuisances on properties such as excessive growths of weeds or litter. The City Code provides for owners to receive a notice to cut their weeds and grasses and if the owners do not comply with such notice, the City is authorized to do the work and bill the property owner. If the owner fails to pay the bill, the City is authorized by Section 17-38 of the City Code to levy an assessment on the property for the amount of the mowing expenses. Discussion The City Council, sitting as the Board of Equalization, is being asked to determine the benefits for nuisance abatement and the weed abatement program that took place during the growing season of 2009. There were a number of properties within the City of Grand Island which were not mowed after notice was given. The property owners did not respond to the notice, the City contracted to have the properties mowed or otherwise abated the nuisance, and sent a statement to the property owners for the cost of the mowing. The determination of benefits and levying of special assessments by ordinance on the properties are the next steps in the process of collecting the mowing expense. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Determine the benefits and approve levying the assessment against the property. 2. Continue the issue to a later date. Recommendation City Administration recommends that the Council determine the benefits of mowing and nuisance abatement done during 2009 and levy the unpaid benefits as a lien against the properties. Sample Motion Move to adopt the resolution determining the special benefits of abating nuisances for the properties listed and in the amounts set forth in the resolutio n. After the resolution is adopted, a separate motion to adopt the assessment ordinance will be made in the manner for adopting ordinances. Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney R E S O L U T I O N 2010-BE-1 WHEREAS, pursuant to Sections 16-230 and 16-707, Neb. R.R.S. 1943, as amended, the City Clerk of the City of Grand Island, Nebraska, gave notice at least ten (10) days prior thereto by publication in a newspaper having general circulation in the City and by mail to persons whose addresses were known to her that the City Council would meet as a Board of Equalization to equalize special weed cutting assessments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for the purpose of assessing the costs and expenses of cutting and removing weeds, grasses, or worthless vegetation to the various lots and pieces of ground during the 2009 season, that: 1. The special benefits accruing to the real estate hereinafter described for each cutting is the actual expense thereof plus $50.00 as costs for the City per lot or piece of ground or any combination thereof; and 2. The several lots and pieces of ground hereinafter described are respectively benefited by reason of such weed elimination as follows: Owner Location Legal Description Total Martin Cortez 1304 Geddes Street Grand Island, NE 68801 1304 N. Geddes Frank P Barks Sub. No 3 Lot 46 $216.50 M & L Investments LLC 1819 N. Custer Avenue Grand Island, NE 68803 917½ W. 12th Street Russel Wheeler's Addition S 52' of Lot 4 Block 49 117.50 William E. McIntosh Thomas Wrobleski 610 N. Darr Avenue #109 Grand Island, NE 68803 1823 N. Lafayette Scarff's Addition to West Lawn Lot 8 Block 16 115.00 Jose Moran PO Box 1442 Grand Island, NE 68802 409 E. 13th Street Wheeler & Bennett's 2nd Addition Lot 4 Block 64 75.00 Nelsen Enterprises Inc/AC C Clifton Nelsen Etal Trustees 11818 L Street Omaha, NE 68100 400 Industrial Lane Commercial Industrial Park Sub. Lot 6 175.00 Jason D. Parmenter 2720 N. Webb Road Grand Island, NE 68803 712 W. 15th Street Schimmer's Addition Lot 9 Block 14 110.00 Delno L. Pedersen, Deceased Michael S. Pedersen, Heir 2325 N. Lafayette Avenue Grand Island, NE 68803 618 S. Elm Street Wiebe's Addition S½ of N½ Lot 8 Block 9 185.00 808 E. 5th Street Evans Addition Lot 7 Block 4 115.00 Juanita Roman Life Estate Robert S. & Frank S. Roman 808 E. 5th Street Grand Island, NE 68801 808 E. 5th Street Evans Addition Lot 7 Block 4 115.00 - 2 - Gonzalo Soto 224 E. 4th Street Grand Island, NE 68801 503 E. 5th Street Nagy's Addition Lot 4 Block 26 151.25 4223 Shanna Street Western Heights 6th Sub. Lot 1 75.00 1508 Independence Avenue American Independence Sub. Lot 8 85.00 Gary E. & Mary G. Valasek 4321 Michigan Avenue Grand Island, NE 68803 1604 Lariat Lane American Independence Sub. Lot 2 85.00 Vanguard Properties LLC 3811 29th Avenue, Ste. 5 Kearney, NE 68845 4016 Northview Drive Northview 3rd Sub. Lot 3 115.00 James J. Wiltgen PO Box 1835 Kearney, NE 68848 2210 N. Webb Rd. Grand Island Mall 15th Sub Lot 1 750.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request from Casey’s Retail Company dba Casey’s General Store #2882, 1404 West 2nd Street for a Class “B” Liquor License Tuesday, April 27, 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: April 27, 2010 Subject: Public Hearing on Request from Casey’s Retail Company dba Casey’s General Store #2882, 1404 West 2nd Street for a Class “B” Liquor License Item #’s: E-1 & I-1 Presente r(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 Casey’s Retail Company dba Casey’s General Store #2882, 1404 West 2nd Street has submitted an application for a Class “B” Liquor License. A Class “B” Liquor License allows for the sale of beer, off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also included with this application is a Manager Designation request from Tina Krings, 1009 Milan Dr. #7, Norfolk, Nebraska. 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 this application. Sample Motion Move to approve the application for Casey’s Retail Company dba Casey’s General Store #2882, 1404 West 2nd Street for a Class “B” Liquor License contingent upon final inspections and Liquor Manager request from Tina Krings, 1009 Milan Dr. #78, Norfolk, Nebraska contingent upon Ms. Krings completing a state approved alcohol server/seller training program. 04/20/10 Grand Island Police Department 450 16:13 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 14:30:40 04/12/2010 Occurred before : 14:30:40 04/12/2010 When reported : 08:30:00 04/09/2010 Date disposition declared : 04/12/2010 Incident number : L10041478 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1404 2nd St W State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 2895 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------------- NM 52291 04/20/10 Casey's General Store, Business Involved NM 56754 04/20/10 Casey's General Store, Business Involved NM 114448 04/20/10 Krings, Tina M Liquor Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT07 Convenience Store LAW INCIDENT NARRATIVE: I received a copy of a liquor license application for Casey's General Store located at 1404 W. 2nd and 1420 S. Locust. Both locations are currently Holiday Stores and are being purchased by Casey's. I also received a copy of a liquor manager application for Tina Krings. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 04/20/10 Grand Island Police Department 450 16:13 LAW INCIDENT TABLE Page: 2 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 14:47:49 04/20/2010 318-Casey's- both new stores Grand Island Police Department Supplemental Report Date, Time: Tue Apr 20 14:48:18 CDT 2010 Reporting Officer: Vitera Unit- CID I received a copy of a Class B liquor license application for Casey's at 1420 S. Locust and Casey's at 1404 W. 2nd Street. Each one of these locations used to be a Holiday store. I also received a copy of an application for Tina Krings to be the liquor manager at both stores. The first thing I noticed about the liquor license application was that it listed seven people involved with the Casey's Corporation. All seven people are married which puts the total number of people listed on the application at fourteen. All fourteen people have Iowa addresses. Ten of the fourteen people disclosed violations where the application asks if anyone has been convicted of or plead guilty to any charge. All of the convictions were traffic related. Since I can't run criminal history checks for liquor license investigations, and all of the applicants live out of state, this investigation will have to rely on the fingerprint submissions, NSP investigation, and the NLCC decision. Since there are other Casey's stores in town that sell alcoholic beverages, they have gotten licenses in the past. I can't imagine that there have been any significant changes from the old applications to this one. I will focus more on the liquor manager position since that applicant has lived in Nebraska for the last 42 years. Tina Krings' application indicates that she was born in California in 1967 but has lived in Norfolk, Nebraska from 1967 until now. I checked Tina through Spillman and NCJIS. Tina is in Spillman as being involved in a liquor license investigation for two Casey's stores back in April of 2007. No problems were uncovered during that investigation. I checked Tina again through NCJIS. She has no convictions listed. Assuming there are no problems at the State level, the Grand Island Police Department (GIPD) has no objection to Casey's obtaining a liquor license at their new 2nd Street and South Locust location. The GIPD also has no objection to Tina Krings being the liquor manager. Item E2 Public Hearing on Request from Casey’s Retail Company dba Casey’s General Store #2883, 1420 South Locust Street for a Class “B” Liquor License Tuesday, April 27, 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: April 27, 2010 Subject: Public Hearing on Request from Casey’s Retail Company dba Casey’s General Store #2883, 1420 South Locust Street for a Class “B” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Casey’s Retail Company dba Casey’s General Store #2883, 1420 South Locust Street has submitted an application for a Class “B” Liquor License. A Class “B” Liquor License allows for the sale of beer, off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also included with this application is a Manager Designation request from Tina Krings, 1009 Milan Dr. #7, Norfolk, Nebraska. 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 this application. Sample Motion Move to approve the application for Casey’s Retail Company dba Casey’s General Store #2883, 1420 South Locust Street for a Class “B” Liquor License contingent upon final inspections and Liquor Manager request from Tina Krings, 1009 Milan Dr. #78, Norfolk, Nebraska contingent upon Ms. Krings completing a state approved alcohol server/seller training program. 04/20/10 Grand Island Police Department 450 16:13 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 14:30:40 04/12/2010 Occurred before : 14:30:40 04/12/2010 When reported : 08:30:00 04/09/2010 Date disposition declared : 04/12/2010 Incident number : L10041478 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1404 2nd St W State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 2895 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------------- NM 52291 04/20/10 Casey's General Store, Business Involved NM 56754 04/20/10 Casey's General Store, Business Involved NM 114448 04/20/10 Krings, Tina M Liquor Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT07 Convenience Store LAW INCIDENT NARRATIVE: I received a copy of a liquor license application for Casey's General Store located at 1404 W. 2nd and 1420 S. Locust. Both locations are currently Holiday Stores and are being purchased by Casey's. I also received a copy of a liquor manager application for Tina Krings. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 04/20/10 Grand Island Police Department 450 16:13 LAW INCIDENT TABLE Page: 2 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 14:47:49 04/20/2010 318-Casey's- both new stores Grand Island Police Department Supplemental Report Date, Time: Tue Apr 20 14:48:18 CDT 2010 Reporting Officer: Vitera Unit- CID I received a copy of a Class B liquor license application for Casey's at 1420 S. Locust and Casey's at 1404 W. 2nd Street. Each one of these locations used to be a Holiday store. I also received a copy of an application for Tina Krings to be the liquor manager at both stores. The first thing I noticed about the liquor license application was that it listed seven people involved with the Casey's Corporation. All seven people are married which puts the total number of people listed on the application at fourteen. All fourteen people have Iowa addresses. Ten of the fourteen people disclosed violations where the application asks if anyone has been convicted of or plead guilty to any charge. All of the convictions were traffic related. Since I can't run criminal history checks for liquor license investigations, and all of the applicants live out of state, this investigation will have to rely on the fingerprint submissions, NSP investigation, and the NLCC decision. Since there are other Casey's stores in town that sell alcoholic beverages, they have gotten licenses in the past. I can't imagine that there have been any significant changes from the old applications to this one. I will focus more on the liquor manager position since that applicant has lived in Nebraska for the last 42 years. Tina Krings' application indicates that she was born in California in 1967 but has lived in Norfolk, Nebraska from 1967 until now. I checked Tina through Spillman and NCJIS. Tina is in Spillman as being involved in a liquor license investigation for two Casey's stores back in April of 2007. No problems were uncovered during that investigation. I checked Tina again through NCJIS. She has no convictions listed. Assuming there are no problems at the State level, the Grand Island Police Department (GIPD) has no objection to Casey's obtaining a liquor license at their new 2nd Street and South Locust location. The GIPD also has no objection to Tina Krings being the liquor manager. Item F1 #9254 - Consideration of Annexation Request of a Tract of Land Being Platted as Shady Bend Subdivision and Adjacent Right of Way Located South of U.S. Highway 30 and West of the New Shady Bend Road (Third Reading) Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: April 27, 2010 Subject: Annexation Ordinance (Third Reading) (C-10-2010GI) Item #’s: F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land, located at 3609 E US Hwy 30 and 803 N Shady Bend Rd., into the Grand Island City Limits see the attached map. The owner of this property has submitted Shady Bend Subdivision as an addition to the City of Grand Island and by doing so asked Council to consider annexation of this property. Discussion On March 3, 2010 the Hall County Regional Planning Commission held a public hearing before considering this matter. O’Neill opened the Public Hearing. No members of the public testified at the hearing held by the Regional Planning Commission. Nabity explained this property is contiguous with the Grand Island City Limits. The owners have requested that Shady Bend Subdivision be approved as an addition to the City. These properties are within the Grand Island Utilities Electrical Service District. These properties are all within the Cedar Hollow/Northwest School District. These annexations will not impact the two-mile extraterritorial jurisdiction of Grand Island. Water is available to the property included in this annexation request. Sewer is available to the property. This property is within the Grand Island Utilities Electrical Service District. This property is within the Grand Island School District. Annexing this property will not impact the two mile extraterritorial jurisdiction of Grand Island. On March 27, 2010 Council held a public hearing on this matter and passed the annexation ordinance on first reading. On April 13, 2010 Council passed the annexation ordinance on second reading. This is the third reading of the ordinance to annex property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Counc il 3. Table the issue Recommendation A motion was made by Haskins to approve the annexation request and seconded by Eriksen. A roll call vote was taken and the motion passed with 8 members present (Amick, O’Neill, Ruge, Eriksen, Haskins, Bredthauer, Snodgrass, Connelly) all voting in favor. Sample Motion Move to approve the annexation as Submitted. Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney ORDINANCE NO. 9254 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land at U.S. Highway 30 and Shady Bend Road being platted as Shady Bend Subdivision an Addition to the City of Grand Island along with all adjoin public Right-of-Way in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on March 3, 2010, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: A tract of land comprised of Lots One (1) and Two (2) of Shady Bend Subdivision an Addition to the City of Grand Island and all adjoining public Right-of-Way in Hall County, Nebraska, WHEREAS, after public hearing on March 23, 2010, the City Council of the City of Grand Island found and determined that such annexation be approved; and * This Space Reserved For Register of Deeds * ORDINANCE NO. 9254 (Cont.) - 2 - WHEREAS, on March 23, 2010, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services adopted by the City Council by the passage and approval of Resolution No. 2010-69 is hereby approved and ratified as amended. ORDINANCE NO. 9254 (Cont.) - 3 - SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: April 27, 2010. ORDINANCE NO. 9254 (Cont.) - 4 - ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9254 (Cont.) - 5 - Item F2 #9260 - Consideration of Assessments for 2009 Weed and Nuisance Abatement Program This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney ORDINANCE NO. 9260 An ordinance levying a special tax to pay the cost to the City of cutting, destroying, and removing weeds, grasses, or worthless vegetation, pursuant to Sections 17-36 and 17-38 of the Grand Island City Code upon certain lots and pieces of ground; providing for the collection thereof; repealing ordinances or parts of ordinances in the Grand Island City Code in conflict herewith; and providing for the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. A special tax is hereby levied for the cost of cutting, destroying, and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and pieces of ground during the 2009 season in proportion to the special benefits to such real estate as determined and assessed by the City Council sitting as a Board of Equalization after due notice thereof, in the following amounts: Owner Location Legal Description Total Martin Cortez 1304 Geddes Street Grand Island, NE 68801 1304 N. Geddes Frank P Barks Sub. No 3 Lot 46 $216.50 M & L Investments LLC 917½ W. 12th Street Russel Wheeler's Addition 117.50 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9260 (Cont.) - 2 - 1819 N. Custer Avenue Grand Island, NE 68803 S 52' of Lot 4 Block 49 William E. McIntosh Thomas Wrobleski 610 N. Darr Avenue #109 Grand Island, NE 68803 1823 N. Lafayette Scarff's Addition to West Lawn Lot 8 Block 16 115.00 Jose Moran PO Box 1442 Grand Island, NE 68802 409 E. 13th Street Wheeler & Bennett's 2nd Addition Lot 4 Block 64 75.00 Nelsen Enterprises Inc/AC C Clifton Nelsen Etal Trustees 11818 L Street Omaha, NE 68100 400 Industrial Lane Commercial Industrial Park Sub. Lot 6 175.00 Jason D. Parmenter 2720 N. Webb Road Grand Island, NE 68803 712 W. 15th Street Schimmer's Addition Lot 9 Block 14 110.00 Delno L. Pedersen, Deceased Michael S. Pedersen, Heir 2325 N. Lafayette Avenue Grand Island, NE 68803 618 S. Elm Street Wiebe's Addition S½ of N½ Lot 8 Block 9 185.00 808 E. 5th Street Evans Addition Lot 7 Block 4 115.00 Juanita Roman Life Estate Robert S. & Frank S. Roman 808 E. 5th Street Grand Island, NE 68801 808 E. 5th Street Evans Addition Lot 7 Block 4 115.00 Gonzalo Soto 224 E. 4th Street Grand Island, NE 68801 503 E. 5th Street Nagy's Addition Lot 4 Block 26 151.25 4223 Shanna Street Western Heights 6th Sub. Lot 1 75.00 1508 Independence Avenue American Independence Sub. Lot 8 85.00 Gary E. & Mary G. Valasek 4321 Michigan Avenue Grand Island, NE 68803 1604 Lariat Lane American Independence Sub. Lot 2 85.00 Vanguard Properties LLC 3811 29th Avenue, Ste. 5 Kearney, NE 68845 4016 Northview Drive Northview 3rd Sub. Lot 3 115.00 James J. Wiltgen PO Box 1835 Kearney, NE 68838 2210 N. Webb Rd. Grand Island Mall 15th Sub. Lot 1 750.00 SECTION 2. Such special tax shall be due and payable to the City thirty (30) days after such levy and shall become delinquent fifty (50) days after such levy. After the same ORDINANCE NO. 9260 (Cont.) - 3 - shall become delinquent, interest at the rate of 14 percent (14%) per annum shall be paid thereon. The same shall be collected in the same manner as other city taxes. SECTION 3. Such special taxes shall be collected by the Finance Director of the City of Grand Island, Nebraska, as provided by law. SECTION 4. Such special taxes, if not previously paid, shall be certified to the County Clerk at the same time as the next certification for general revenue purposes. SECTION 5. Such special taxes, when received, shall be applied to reimburse the general fund. SECTION 6. All ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith be, and the same hereby are, repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 27, 2010. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Documents - Pawnbroker’s Official Bonds for G.I. Loan Shop and Wayne’s Pawn Shop Tuesday, April 27, 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: April 27, 2010 Subject: Approving Renewal of Pawnbroker Official Bond Item #’s: G-1 Presenter(s): RaNae Edwards, City Clerk Background Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business of pawnbroker are required to make application to the Mayor and City Council. Along with the application and fee, a bond is required which is to be approved by the Mayor and City Council. Each license expires on April 30th of each year and must be renewed prior to that date. Discussion G.I. Loan Shop, 1004 West Second Street and Wayne’s Pawn Shop, 203 West Third Street have submitted their application, fee, and bond for renewal of their pawnbroker’s license. (See attached) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the renewals 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 application and bond for renewal of pawnbroker’s license. Sample Motion Move to approve the renewal applications and bonds for G.I. Loan Shop and Wayne’s Pawn Shop. Item G2 Approving Minutes of April 13, 2010 City Council Regular Meeting Tuesday, April 27, 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 April 13, 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 April 13, 2010. Notice of the meeting was given in The Grand Island Independent on April 7, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards , City Attorney Dale Shotkoski, Finance Director Mary Lou Brown, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced CYC members Sarah Stoltenberg and Allison Hoover and Board member Liz Mayfield. Mayor Hornady reminded everyone to return their census form by this Friday. Also mentioned was Grand Island’s Little Theatre last production for this season on Friday and Saturday. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Child Abuse Prevention Month” April, 2010. Mayor Hornady proclaimed the month of April, 2010 as “Child Abuse Prevention Month”. Diane Mulbach was present to receive the proclamation and hand out blue ribbons. Proclamation “Nebraska Public Health Month” April, 2010. Mayor Hornady proclaimed the month of April, 2010 as “Nebraska Public Health Month”. Teresa Anderson, Executive Director of Central District Health Department was present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request from Highway Motels of Nebraska, Inc. dba Holiday Inn Express, 3404 West Faidley Avenue for a Class “I” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “I” Liquor License had been received from Highway Motels of Nebraska , Inc. dba Holiday Inn Express, 3404 West Faidley Avenue. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 19, 2010; notice to the general public of date, time, and place of hearing published on April 3, 2010; notice to the applicant of date, time, and place of hearing mailed on March 22, 2010; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located on the South Side of the Alley Between 4th Street and the UPRR Tracks, East of Cedar Street (Five Points Bank). Steve Riehle, Public Works Director reported that a utility easement was needed on the south side of the alley between 4th Street and the UPRR Tracks, east of Cedar Street to have access to install, upgrade, maintain and repair power appurtenances, including lines and transformers. This would allow for a drive-up window for a new U-Save Pharmacy. Staff recommended approval. No public testimony was heard. Page 2, City Council Regular Meeting, April 13, 2010 Public Hearing for Neighborhood Stabilization Program Property Purchases. Joni Kuzma, Community Development Administrator reported that Community Development was proposing the purchase of the structures and properties at 522 N. Beal Street and 2811 West 4th Street for demolition. Staff recommended approval. No public testimony was heard. Public Hearing on the Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. Mark Stelk, CRC President, 3117 Brentwood Drive gave the semi- annual report. No public testimony was heard. Public Hearing on Request from Upper Plains Contracting, Inc. for a Conditional Use Permit for Concrete Batch Plant Site Located at 3860 South Locust Street. Craig Lewis, Building Department Director reported that Upper Plains Contracting, Inc. had submitted an application for a conditional use permit located at 3860 South Locust Street to place a concrete batch plant site on property owned by Hooker Brothers Sand & Gravel for May and June of 2010. Staff recommended approval for six months. Ignaciol Contreras, 3892 South Locust Street spoke in opposition. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Between White Cloud and Abbot Roads, and Between Engleman and North Roads (Glen and Betty Weise). Gary Mader, Utilities Director reported that a utility easement was needed located near the north/south section line between White Cloud Road and Abbot Road, and Engleman Road and North Road in order to have access to install, upgrade, maintain and repair the new 115 kV transmission line to the northwest of the City. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Between One R and Chapman Roads and Between North and Engleman Roads (Robert and Kay Fielding). Gary Mader, Utilities Director reported that a utility easement was needed located between One R Road and Chapman Road, and between Engleman Road and North Road in order to have access to install, upgrade, maintain and repair the new 115 kV transmission line to the northwest of the City. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Between One R and Chapman Roads and Between North and Engleman Roads (Parcel #1) (Thomas and Linda Atkins). Gary Mader, Utilities Director reported that a utility easement was needed located between One R Road and Chapman Road, and between Engleman Road and North Road in order to have access to install, upgrade, maintain and repair the new 115 kV transmission line to the northwest of the City. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Between One R and Chapman Roads and Between North and Engleman Roads (Parcel #2) (Thomas and Linda Atkins). Gary Mader, Utilities Director reported that a utility easement was needed located between One R Road and Chapman Road, and between Engleman Road and North Road in order to have access to install, upgrade, maintain and repair the new 115 kV transmission line to the northwest of the City. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Between Prairie Road and Chapman Roads, and Between Engleman and North Roads (Elmer E. Pollock). Gary Mader, Utilities Director reported that a utility easement was needed located between Prairie Road and Chapman Road, and between Engleman Road and North Road in order to have access to install, upgrade, maintain and Page 3, City Council Regular Meeting, April 13, 2010 repair the new 115 kV transmission line to the northwest of the City. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Between White Cloud Road and One R Road, and Between Engleman Road and North Road (Jeff and Susan Koch). Gary Mader, Utilities Director reported that a utility easement was needed located between White Cloud Road and One R Road, and between Engleman Road and North Road in order to have access to install, upgrade, maintain and repair the new 115 kV transmission line to the northwest of the City. Staff recommended approval. No public testimony was heard. ORDINANCES: #9254 – Consideration of Annexation Request of a Tract of Land Being Platted as Shady Bend Subdivision and Adjacent Right-of-Way Located South of U.S. Highway 30 and West of the New Shady Bend Road (Second Reading) This was the second of three readings. Motion by Gilbert, second by Zapata to approve Ordinance #9254 on second reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9258 – Consideration of the Conveyance of 522 N. Beal Street and 2811 West 4th Street #9259 – Consideration of Amending Chapter 31 of the Grand Island City Code Relative to Signs 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 Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. #9258 – Consideration of the Conveyance of 522 N. Beal Street and 2811 West 4th Street #9259 – Consideration of Amending Chapter 31 of the Grand Island City Code Relative to Signs Ordinance #9258 related to the aforementioned Public Hearing. Craig Lewis, Building Department Director reported that Ordinance #9259 would allow the square footage of signage to be increased to 1.18 square foot of signage for each one foot of frontage in excess of the first 150 feet and allow any single sign square footage to be increased from 200 to 350 square feet along Locust Street A-C corridor. Joseph McDermott, Executive Director of the Nebraska State Fair, 4117 Fleetwood spoke in support. Discussion was held regarding the sign for the State Fair and Fonner Park. Business Improvement District #3 and #4 were discussed. Mr. Lewis stated this amendment would affect BID #4 and not BID #3. Motion by Meyer, second by Nickerson to approve Ordinances #9258 and #9259. Page 4, City Council Regular Meeting, April 13, 2010 City Clerk: Ordinances #9258 and #9259 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9258 and #9259 on final passage. All those in favor of the passage of these ordinances 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, Ordinances #9258 and #9259 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-16 and G-17 were pulled for further discussion. Motion by Zapata, second by Gericke to approve the Consent Agenda excluding items G-16 and G- 17. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of March 23, 2010 City Council Regular Meeting. #2010-94 – Approving the Purchase of 522 N. Beal Street and 2811 West 4th Street. #2010-95 – Approving Interlocal Agreement for Compact for Apprehension of Narcotics Dealers and Offenders (CANDO). #2010-96 – Approving Contract for HIDTA Grant Funding in the Amount of $53,692.00 for 2010- 2011. #2010-97 – Approving E-Payment Services and Payment Card Industry Data Security Standards with US Bank. #2010-98 – Approving Bid Award for Burdick Station Diesel Fuel Tank and Rogers Reservoir #1 Painting with W.S. Bunch Company of Omaha, Nebraska in an Amount of $161,217.00. #2010-99 – Approving Bid Award for 2010 Truck with Digger Derrick Unit for Utilities Line Division with Terex Utilities of San Antonio, Texas in an Amount of $208,765.00. #2010-100 – Approving Change Order #1 for On-Site Technical Advisor for GT3 Combustion Inspection at Burdick Station with General Electric International of Omaha, Nebraska for an Increase of $12,800.00 and a Revised Contract Amount of $55,402.05. #2010-101 – Approving Acquisition of Utility Easement Located Between White Cloud Road and Abbot Road, and Between Engleman Road and North Road (Glen and Betty Weise). #2010-102 – Approving Acquisition of Utility Easement Located Between One R Road and Chapman Road, and Between North road and Engleman Road (Robert and Kay Fielding). #2010-103 – Approving Acquisition of Utility Easement Located Between One R Road and Chapman Road, and Between Engleman Road and North Road (Parcel #1) (Thomas and Linda Atkins). Page 5, City Council Regular Meeting, April 13, 2010 #2010-104 – Approving Acquisition of Utility Easement Located Between One R Road and Chapman Road, and Between Engleman Road and North Road (Parcel #2) (Thomas and Linda Atkins). #2010-105 – Approving Acquisition of Utility Easement Located Between Prairie Road and Chapman Road, and Between Engleman Road and North Road (Elmer E. Pollock). #2010-106 – Approving Acquisition of Utility Easement Located Between White Cloud Road and One R Road, and Between Engleman Road and North Road (Jeff and Susan Koch). #2010-107 – Approving Acquisition of Utility Easement Located on the South Side of the Alley Between 4th Street and the UPRR Tracks, East of Cedar Street (Five Points Bank). #2010-108 – Approving Proposal for Professional Engineering Consulting Services Regarding Wastewater Treatment Capacity Analysis, Treatment Process Alternative & Rate Model Work with Black & Veatch of Kansas City, Missouri, and with Olsson Associates of Grand Island, Nebraska as a Sub-Consultant for a Maximum Amount of $59,800.00. Public Works Director Steve Riehle explained the process and reason for the Professional Engineering Consulting services. Discussion was held regarding the digester, rate model structure, aeration project, load capacity, past and future debt, JBS contribution and reduced revenue from JBS along with odor and expanded pre-treatment. Motion by Gilbert, second by Ramsey to approve Resolution #2010-108. Upon roll call vote, all voted aye. Motion adopted. #2010-109 – Approving Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. Marlan Ferguson, Economic Development President commented on the number of jobs lost in Grand Island. Mentioned was the net gain for the community through existing companies. Northwestern rate surcharge was discussed. Motion by Dugan, second by Meyer to approve Resolution #2010-109. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request from Upper Plains Contracting, Inc. for a Conditional Use Permit for Concrete Batch Plant Site Located at 3860 South Locust Street. This item was related to the aforementioned Public Hearing. Motion by Gilbert, second by Ramsey to approve the request from Upper Plains Contracting, Inc. for a Conditional Use Permit for a concrete batch plant site located at 3860 South Locust Street for a six month period starting in April of 2010, finding that the request does promote the health, safety, and general welfare of the community, protects against blight and depreciation, and is generally harmonious with the surrounding neighborhood as a temporary use. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2010-110 – Consideration of Request from Highway Motels of Nebraska, Inc. dba Holiday Inn Express, 3404 West Faidley Avenue for a Class “I” Liquor License and Liquor Manager Designation for Melvin Wichman, 2518 Jan Street. This item related to the aforementioned Public Hearing. Page 6, City Council Regular Meeting, April 13, 2010 Motion by Ramsey, second by Zapata to approve Resolution #2010-110 contingent upon final inspections and Mr. Wichman completing a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2010-111 – Consideration of Healthcare Premium Holidays. Finance Director Mary Lou Brown reported that three healthcare premium holidays for the City department and the City employees would save approximately $420,000 which would help close the budget shortfall for 2009/2010 budget year. Requested were reports of funds like these. Human Resources Director Brenda Sutherland commented on the reinsurance excess coverage, limits per person, balance, wellness program, and the reserve bank. Motion by Ramsey, second by Zapata to approve Resolution #2010-111. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of March 24, 2010 through April 13, 2010, for a total amount of $5,428,311.49. Unanimously approved. Motion by Dugan, second by Nickerson to approve the Claims for the Period of February 24, 2010 through April 13, 2010 for the Veterans Athletic Field Complex for a total amount of $56,207.00. Unanimously approved. Motion by Dugan, second by Nickerson to approve the Claims for the period of March 24, 2010 through April 13, 2010 for the State Fair Recreation Building for a total amount of $3,474.99. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of April 20, 2010 City Council Special Meeting Tuesday, April 27, 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 SPECIAL MEETING April 20, 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 April 20, 2010. Notice of the meeting was given in The Grand Island Independent on April 14, 2010. Council President Peg Gilbert called the meeting to order at 7:00 p.m. The following City Councilmember’s were present: Meyer, Niemann, Gilbert, Haase, Ramsey, Nickerson, and Gericke. Mayor Hornady and Councilmember’s Dugan, Carney and Zapata were absent. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Finance Director Mary Lou Brown, and Public Works Director Steve Riehle. INVOCATION was given by President Gilbert followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Council President Gilbert reminded everyone of the May 11, 2010 Primary Election and encouraged everyone to vote. RESOLUTIONS: #2010-112 – Approving Agreement for Construction Engineering Consulting Services for the Construction of the Northbound Lanes on South Locust Street North of I-80. Public Works Director Steve Riehle reported that the Nebraska Department of Roads (NDOR) and the City of Grand Island entered into a program agreement for the paving of the northbound lanes on South Locust Street north of I-80 to be paid for by federal stimulus funds. Federal-Aid projects required a Construction Engineering (CE) services based on a Qualification Based Selection (QBS) process. NDOR selected twelve on-call Construction Engineering consultants to provide services for Local Public Agencies which were evaluated and scored by City staff. Olsson Associates of Grand Island was selected for consulting work on South Locust. NDOR and the Federal Highway Administration (FHWA) had concurred with the selection, scope of services and cost estimate. A master agreement between the NDOR and Olsson Associates for CE services for the construction of the northbound lanes on South Locust Street north of I-80 was presented for Council approval. Comments were made that this project would be paid for entirely by Federal stimulus funds. Mr. Riehle stated the dollar amount would not exceed $233,286.58. Motion by Meyer, second by Nickerson to approve Resolution #2010-112. Upon roll call vote, all voted aye. Motion adopted. #2010-113 – Consideration of Request from Grand Island Public School to Temporarily Close College Street between Custer Avenue and Lafayette Avenue for Traffic Diversion Study. Virgil Harden representing the Grand Island School District was present and requested council delay this issue until the April 27, 2010 meeting. The study would have to be delayed until September Page 2, City Council Regular Meeting, April 20, 2010 or October to allow time to prepare for the study and would allow for the whole council to be present. Ron Christensen, 2523 College Street and Lewis Kent, 624 E. Meves Avenue spoke in opposition to closing College Street. ADJOURNMENT: The meeting was adjourned at 7:20 p.m. RaNae Edwards City Clerk Item G4 #2010-114 - Approving Parking Space Lease at the Police Department Impound Lot with Gleeson Construction Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: April 27, 2010 Subject: Lease of Parking Space Item #’s: G-4 Presenter(s): Steven Lamken, Police Chief Background Gleeson Construction is building an expansion at the JBS plant on South Stuhr Road. They have requested to lease space for parking approximately 20 vehicles on the paved area on the south end of the Police Department Impound Lot property at 510 South Stuhr Road. This space is not currently used by the Police Department and Gleeson Construction will pay $100/ month for the space. Discussion Gleeson Construction Company is building an expansion at the JBS plant on south Stuhr Road. They do not have adequate parking for their employee vehicles and have requested to lease space at the Police Department Impound Lot at 510 Stuhr Road for employee parking. Gleeson wants to lease the east third of the paved slab located on the south half of the City property at 510 South Stuhr Road. The space will accommodate approximately 20 to 25 vehicles. Gleeson will pay $100 per month for use of the parking space. The construction project is projected to be completed in November but will not interfere with Police Department operations if the end date is extended. The Police Department is not using the paved area at this time for operations. The lease for parking space will not interfere with Police Department operations or vehicle auctions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Postpone the issue to future date 3. Take no action on the issue Recommendation City Administration recommends that the Council approve the lease with Gleeson Constructors and Engineers for employee parking on the City lot at 510 South Stuhr Road. Sample Motion Move to approve the lease with Gleeson Constructors and Engineers of Sioux City, Iowa for employee parking on the City lot at 510 South Stuhr Road. AGREEMENT Gleeson Constructors & Engineers, L.L.C (Gleeson) and the City of Grand Island Nebraska (City) agree to the following: 1) Gleeson would like to lease ground owned by the City at 510 Stuhr Road (at the vehicle impound area) for the purpose of temporary employee parking required for Gleeson’s project of building an expansion to the JBS USA, LLC plant in Grand Island. 2) Gleeson will be allowed to use the east side of the south paved lot for single stall parking. The capacity is approximately 20 vehicles. Parking is available for personal use vehicles only; no construction trailers or equipment will be allowed. This space will be reserved for the duration of its ongoing work at JBS. Initially this is estimated at 10 months from commencement and is not to exceed 16 months from commencement. 3) Upon a written thirty day notice from the City of Grand Island, Gleeson shall find alternative temporary parking in order for the City to use the space for scheduled events. 4) The City may terminate this agreement upon written 30 day notice. Gleeson may terminate the agreement upon written notice, no advance notice is required. Written notice shall be sent to: Gleeson Constructors & Engineers L.L.C. Grand Island Police Department Jim Black Pete Kortum 2015 E. 7th St / P.O. Box 625 111 Public Safety Dr Sioux City, IA 51102 Grand Island, NE 68801 5) Gleeson will pay the City of Grand Island $100.00 per month or partial month for the duration of this agreement, not to exceed 16 months from commencement. Payment is due on the first of each month. Payable to City of Grand Island. Remit to: Grand Island Police Department Pete Kortum 111 Public Safety Dr Grand Island, NE 68801 6) Gleeson shall maintain liability insurance on the subject lot while under its care, custody, and control with a minimum limit of $1,000,000 and shall provide the City with a Certificate of Insurance naming the City as an Additional Insured. 7) Gleeson shall indemnify and hold the City harmless for any causes of action arising out of pollutants which it may bring to the subject property. The City shall indemnify and hold harmless Gleeson for any causes of action arising out of pollutants that exist on or under the subject property at the time of commencement of this lease. Gleeson Constructors & Engineers, L.L.C. City of Grand Island, Nebraska By _____________________________ By___Margaret Hornady______________ Title____________________________ Title__Mayor_______________________ Signature________________________ Signature___________________________ Date Signed______________________ Date Signed_________________________ Attest: By_____RaNae Edwards______________ Title___City Clerk________ __________ Signature___________________________ Date Signed_________________________ Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney R E S O L U T I O N 2010-114 WHEREAS, Gleeson Constructors and Engineers L.L.C. of Sioux City, Iowa desire to lease space at 510 South Stuhr Road for employee parking during a construction project, and WHEREAS, the property at 510 South Stuhr Road is owned by the City and used by the Police Department for vehicle impoundment and storage, and WHEREAS, Gleeson Constructors and Engineers L.L.C. will pay the City one hundred, 100, dollars per month to lease parking space at the City lot at 510 South Stuhr Road, and WHEREAS, The City is not currently using the space and the lease will not interfere with Police Department operations, 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 the lease agreement with Gleeson Constructors and Engineers L.L.C. for employee parking space at 510 South Stuhr Road. Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2010 _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2010-115 - Approving Final Plat and Subdivision Agreement for Shady Bend Subdivision Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: April 27, 2010 Subject: Annexation of Property Proposed for Platting as Shady Bend Subdivision an Addition to the City of Grand Island. (C-10-2010GI) Item #’s: G-5 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background A request has been received to consider annexation of property located south of U.S. Highway 30 between Shady Bend Road and the relocated Shady Bend Road south of U.S. 30. This is the old Shady Bend Motel property and the house immediately south o it. City sewer and water are available. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. The owners of the property have submitted a subdivision plat requesting that this property be included within the City Limits as an addition to the City. Planning Commission has held a public hearing and recommended approval of the addition. The second action in this process is for Council is to pass a resolution stating their intent to annex, approve an annexation plan and set public hearing for comment on the annexation request before council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for 2. Choose not to approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for. 3. Modify the resolution of intent to annex, the attached annexation plan, and/or the public hearing date. 4. Postpone the issue Recommendation At the March 3, 2010 meeting of the Hall County Regional Planning Commission a public hearing was held to take comment on this request for annexation and no members of the public presented testimony. A motion was made by Haskins to approve the annexation request and seconded by Eriksen. A roll call vote was taken and the motion passed with 8 members present (Amick, O’Neill, Ruge, Haskins, Bredthauer, Snodgrass, Connelly, Eriksen) all voting in favor. City staff also recommends that the Council approve the resolution of intent to annex, the attached annexation plan, and set a public hearing on annexation for March 23, 2010. Sample Motion Move to approve the resolution of intent to annex, the attached annexation plan, and set a public hearing on annexation request for March 23, 2010. Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney R E S O L U T I O N 2010-115 WHEREAS, Craig O. Woodward and Karen Woodward, husband and wife, being the said owners of the land described hereon, have caused to be laid out into 2 lots, a tract of land comprising a part of the West Half of the Northwest Quarter (W1/2NW1/4), and a part of the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) all in Section Twelve (12), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in the City of Grand Island, in Hall County Nebraska, under the name of SHADY BEND SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SHADY BEND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2010-116 - Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Tuesday, April 27, 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: April 27, 2010 Subject: Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Item #’s: G-6 Presenter(s): Steve Paustian, Parks and Recreation Director Background On May 22, 2001, City Council approved the leasing of several buildings at the former Cornhusker Army Ammunition Plant pursuant to the provisions of Resolution 2001-132. The leases that were approved provide for an automatic one year renewal requested by the lessees. The resolution that is presented for Council consideration would authorize the city to renew the lease on Building's No. A-11 and A-12 located on city property at the former Cornhusker Army Ammunition Plant. Discussion The city purchased property at the former Cornhusker Army Ammunition Plant that had several buildings located on it. The city has been leasing these buildings to the State of Nebraska, Department of Administrative Services, State Building Division; Dominion Construction Company; and Jerry Harders to obtain revenue and utilize these assets. There have not been any problems with damage to the property or with non payment of rent and City Parks & Recreation officials are recommending that the Council extend the lease for an additional year. The State of Nebraska has a two year lease which runs through April 30, 2011. The two leases requiring action are for Dominion Construction and Jerry Harders. The proposed leases each have a 5% increase in the rental rate as compared to last year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the extension of the leases for an additional year. Sample Motion Move to approve the resolution authorizing the city to extend the leases for an additional year to Dominion Construction Company in the amount of $2,900.00 and Jerry Harders in the amount of $900.00. BUILDING LEASE THIS LEASE is made and entered into on this ____ day of ________________, 2010, by and between the CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, herein referred to as “City” and JERRY HARDERS, herein referred to as “Lessee”. 1. STATEMENT PURPOSE. This Building Lease is made for the purpose of leasing to the Lessee the property identified as Fire/Guard Building No. A-12, on the former Cornhusker Army Ammunition Plant (CHAAP), together with three (3) concrete parking pads to the front, side and rear of the building, herein after referred to as “premises”, for inert storage purposes only. 2. TERM OF LEASE. The term of this Building Lease is for a period of one year beginning on May 1, 2010, and ending on April 30, 2011, subject to the revocation and renewal provisions set forth hereafter. 3. CONSIDERATION. The Lessor shall pay the City rental in advance of the initial term, and any renewal terms, in the amount of Nine Hundred Twenty-Five Dollars ($900.00), payable to the order of The City of Grand Island, Finance Department, P.O. Box 1968, Grand Island, Nebraska, 68802. In the event the Lessee fails or refuses for any reason to pay the foregoing rentals in advance, this Building Lease shall be considered void. 4. CONDITION OF PREMISES. Lessee acknowledges that it has inspected the premises described in paragraph 1 above, knows its condition, and understands the same is leased without any representations or warranties whatsoever and without obligation on the part of the City to make any alterations, repairs or additions thereto. The Lessee shall surrender the premises to the City at the end of the term, or any renewal term, in the same condition as the premises were at the commencement of the initial lease term, normal wear and deterioration excepted. Any portion of the premises damaged by the Lessee must be either replaced or restored to the condition existing at the commencement of the initial lease term or the Lessee shall pay to the City an amount equal to the cost of repair or replacement of the damaged property, whichever is less. 5. UTILITIES AND INSURANCE. During the initial term, or any renewal term, of this Building Lease, the Lessee shall pay all utility costs for services on the premises and shall maintain liability insurance in the amount of not less than a combined single limit of $100,000.00 coverage for the leased premises. The Lessee shall provide the City with a copy of a Certificate of Insurance evidencing the required coverage, which certificate shall state that the City will be given 30 days written notice of any cancellation or change in such insurance. 6. RIGHT TO ENTER PREMISES. The City reserves the right to enter the premises at any time for any purpose necessary or convenient in connection with government and Lessor purposes, including but not limited to making inspections, removing debris, making 2 repairs or performing maintenance. The Lessee shall have no claim for damages on account of such entry against the City or its officials, officers, employees, agents or representatives. 7. INDEMNIFICATION OF CITY. The City shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted or for damages to the property of the Lessee, its officers, employees, agents, or others who may be on the premises at their invitation. The Lessee shall hold the City harmless from any and all claims, causes of action, or damages of any nature due to the negligence of the Lessee, its officers, employees, agents, contractors, invitees or licensees. 8. PROHIBITED USES. The Lessee shall not construct or place any structure, improvement, advertising sign, or make any modification to the premises or allow or permit such construction, placement, or modification without prior written approval of the City. The Lessee shall not conduct or allow to be conducted any illegal or prohibited activity on the premises and specifically shall not conduct or allow to be conducted any activities which violate any of the environmental laws, regulations, rules, or other regulatory measures of the United States Environmental Protection Agency (USEPA) or Nebraska Department of Environmental Quality (NDEQ). The Lessee shall be responsible for and hold the City harmless from all claims, costs, penalties, or any other consequences associated with violations of environmental laws. Routine servicing of vehicles and equipment on the premises is prohibited, including fueling, adding or changing lubricants. Only emergency servicing which is necessary to start a vehicle or equipment shall be permitted. Necessary measures shall be taken to clean up any petroleum products or fluids which leak from vehicles or equipment. 9. TAXES. Any and all taxes imposed by the State of Nebraska or its political subdivisions upon the premises shall, except real estate taxes, shall be paid promptly by the Lessee. In the event the premises owned by the City are made taxable by state or local governments, the lease shall be renegotiated to adjust the consideration in an amount sufficient to reimburse the City for said tax liability. 10. LESSEE’S MAINTENANCE RESPONSIBILITIES. The Lessee shall maintain Building No. A-12 to prevent deterioration of the structure. All openings shall be closed in order to keep out birds and other animals. The Lessee shall maintain and prevent the loss of gravel from the parking areas off the concrete parking pads and maintain proper drainage to prevent erosion. Lessee shall maintain all grassed areas located on the premises and shall control noxious weeds by mowing, spraying, hand grubbing or by a combination of these methods. 11. RENEWAL FOR ADDITIONAL TERMS. This Building Lease may be renewed by the Lessee for up to five (5) additiona l one year terms subject to approval of the City. The renewal terms shall run from May 1 through April 30 of each successive year. Lessee shall request each additional renewal term by sending written notice to the City of its interest in extending this Building Lease for an additional one year term not more than sixty (60) days and not less than thirty (30) days prior to the end of the current term, which date shall be determined by the postmark appearing on the envelope bearing the renewal request or the date of hand 3 delivery of the renewal request to the City Clerk. The only term of this Building Lease which may be modified in connection with extending the lease for a renewal term is the annual rental. 12. SURRENDER OF PREMISES. The Lessee shall vacate and remove all its personal property, fixtures and improvements prior to the end of the initial term or any renewal term. The Lessee shall pay the City on demand any sum which may be expended by the City after expiration, revocation or termination of this Building Lease in restoring the premises to a condition in accordance with paragraph 4 above. 13. CHOICE OF LAWS. This Building Lease shall be construed in accordance with the laws of the United States of America, the State of Nebraska and the ordinances of the City of Grand Island. 14. ENTIRE AGREEMENT. This Building Lease constitutes the entire agreement between the City and the Lessee, notwithstanding any other verbal or written agreements or understandings to the contrary. This Building Lease may be amended only in writing, duly approved and executed by the City and Lessee. 15. REVOCATION RIGHTS OF PARTIES. This Building Lease may be revoked by either the City or Lessee for any material violation of the lease, which termination shall be effective 30 calendar days from the date a Notice of Termination is mailed or delivered in hand to the other party at the address noted in paragraph 16. 16. NOTICES. All notices envisioned under the terms and conditions of this Building Lease shall be sent to other party by first class United States Mail, postage prepaid and addressed as follows or delivered in hand to: City of Grand Island Jerry Harders Attn: Mayor 10582 West 13th Street P.O. Box 1968 Wood River, NE 68883 Grand Island, NE 68802-1968 17. BINDING EFFECT. All covenants, terms and conditions herein contained shall extend to and be obligatory on the successors, assigns and legal representatives of the City and Lessee. 18. SUCCESSORS AND ASSIGNS. This Building Lease shall not be assigned, transferred or otherwise conveyed or alienated by the City or the Lessee and any such act, whether accomplished or attempted shall be deemed a material violation of and cause immediate termination of this lease. DATED: ________________________, 2010. 4 ATTEST: CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, _____________________________ By:_________________________________________ RaNae Edwards, City Clerk Margaret Hornady, Mayor ________________________________________ JERRY L. HARDERS STATE OF NEBRASKA ) ) SS: COUNTY OF HALL ) Before me, a notary public, qualified in said County personally came Margaret Hornady, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Building Lease and acknowledged that the foregoing signature was her voluntary act and deed pursuant to Resolution 2010-______, and that the City's corporate seal was thereto affixed by proper authority. Witness my hand and notarial seal this ____ day of _________________, 2010. _________________________________________________ Notary Public STATE OF NEBRASKA ) ) SS: COUNTY OF HALL ) Before me, a notary public in and for said County and State, personally appeared Jerry Harders, to me known to be the identical person who executed the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed. Witness my hand and notarial seal this ____ day of _________________, 2010. _________________________________________________ Notary Public Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney R E S O L U T I O N 2010-116 WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by the US Army Corp of Engineers during their ownership of the property; and WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved Building Leases with the tenants of the buildings pending development of the property; and, WHEREAS, the leases terminated on April 30, 2010; and WHEREAS, two of the Lessee's of the storage buildings have requested that their lease be renewed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Leases at the former Cornhusker Army Ammunition Plant are hereby authorized to be renewed for an additional year to the following Lessees in accordance with the Building Leases: Lessee Description Rental Dominion Construction Company Storage building $2,900/yr. Jerry Harders Fire/guard building $900/yr. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2010-117 - Approving Contract Time Extension with Ensley Electrical Services, Inc. for Furnishing and Installation of Ball Field Lighting at the Veterans Athletic Field Complex Tuesday, April 27, 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: April 27, 2010 Subject: Approving Contact Extension with Ensley Electrical Services for the Furnishing and Installation of Ball Field Lighting at the Veterans Athletic Field Complex Item #’s: G-7 Presenter(s): Steve Paustian, Parks and Recreation Director Background On October 13, 2009 the City of Grand Island entered into an agreement with Ensley Electrical Services for Furnishing and Installation of a Ball Field Lighting System at the Veterans Athletic Field Complex. The installation of the lighting was to be completed by April 16, 2010. Because of the weather conditions this past fall and winter many construction days were lost. Discussion The City has been notified by Ensley Electrical Services requests an extension to the completion date for the installation of the Ball Field Lighting System to October 1, 2010. City staff agrees with their assessment of the weather and feels the request for the extension of time is appropriate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the extension of the lighting installation contract. Sample Motion Move to approve the resolution authorizing the City to extend the completion date for the installation of the lighting system. Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney R E S O L U T I O N 2010-117 WHEREAS, on October 13, 2009, by Resolution 2009-267, the City Council of the City of Grand Island approved the bid to Ensley Electrical Services, Inc. from Grand Island, Nebraska for the Furnishing and Installation of Ball Field Lighting for the New Veterans Athletic Field Complex; and WHEREAS, the completion of such project has been delayed due to inclement weather; and WHEREAS, Ensley Electrical Services, Inc. has requested a contract time extension from April 16, 2010 to December 1, 2010 for the Furnishing and Installation of Ball Field Lighting in order to complete this project; and WHEREAS, the Parks & Recreation Department supports such contract time extension. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for the Furnishing and Installation of Ball Field Lighting for the New Veterans Athletic Field Complex is hereby extended to December 1, 2010. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract time extensions on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2010-118 - Approving Contract Time Extension with Nature’s Helper for Furnishing and Installation of Irrigation System at the Veterans Athletic Field Complex Tuesday, April 27, 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: April 27, 2010 Subject: Approving Contact Extension with Natures Helper for the Installation of Underground Sprinklers at the Veterans Athletic Field Complex Item #’s: G-8 Presenter(s): Steve Paustian, Parks and Recreation Director Background On September 8, 2009 the City of Grand Island entered into an agreement with Natures Helper for Furnishing and Installation of an Irrigation System at the Veterans Athletic Complex. The installation of the irrigation system was to be completed by April 2, 2010. Because of the weather conditions this past fall and winter many construction days were lost. Discussion The City has been notified by Natures Helper that an extension to the completion date for the installation of an irrigation system to October 1, 2010 has been requested. City staff agrees with their assessment of the weather and feels the request for the extension of time is appropriate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the extension of the installation contract. Sample Motion Move to approve the resolution authorizing the City to extend the completion date for the installation of the underground sprinkler system. Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney R E S O L U T I O N 2010-118 WHEREAS, on September 8, 2009, by Resolution 2009-220, the City Council of the City of Grand Island approved the bid to Nature’s Helper from Omaha, Nebraska for the Furnishing and Installation of an Irrigation System for the New Veterans Athletic Field Complex; and WHEREAS, the completion of such project has been delayed due to inclement weather; and WHEREAS, Nature’s Helper has requested a contract time extension from April 2, 2010 to October 1, 2010 for the Furnishing and Installation of an Irrigation System in order to complete this project; and WHEREAS, the Parks & Recreation Department supports such contract time extension. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for the Furnishing and Installation of an Irrigation System for the New Veterans Athletic Field Complex is hereby extended to October 1, 2010. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract time extensions on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-119 - Approving Project Program Agreement with NDOR for Construction of Grand Island Connector Trail Tuesday, April 27, 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: April 27, 2010 Subject: Agreement with Nebraska Department of Roads for Construction of Grand Island Connector Trail Item #’s: G-9 Presenter(s): Steve Paustian, Parks and Recreation Director Background The City Council authorized the Park and Recreation Department to apply for a grant to construct a connector trail uniting the State Street Trail with the Capital Avenue Trail. We have been notified of our successful application. This connector trail is critical to the long term development of the trail running to Eagle Scout Park and the new Veterans Athletic Complex. Discussion In order to receive the funding associated with the grant it is required by the State that a resolution be attached to the agreement committing the City to the requirements of the grant. The grant provides for a federal share not to exceed $254,832 with City obligations are for an amount not to exceed $63,708.00. The total project is not to exceed $318,540.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the acceptance of the grant. Sample Motion Move to approve resolution authorizing City to accept grant funds for trail construction. Webb Rd N13th St W State St WDiers Ave NUS Highway 281 NBroadwell Ave NCollege St Park Ave NCuster Ave NForrest St Old Highway 2 W Cottage St Huston Ave NGrand Island Ave NLafayette Ave NAirport Rd W Hancock AvePiper StSheridan AveSherman BlvdHoward Ave NCarleton Ave17th St W 16th St W Ruby AveWestside St Kruse AveTaylor AveO Flannagan StWaugh St W 15th St W 14th St W Airport Rd E St Patrick AveCurran Ave Nebraska Highway 2 W 18th St W Aspen CirHoward PlRue De CollegeOverland DrChantilly StLawrence LnSheridan PlVia TrivoliMidway RdConestoga DrVandergrift Ave Sherman PlKingston CirVia ComoSt James Pl 14th St W 17th St W 18th St WUS Highway 281 N16th St WUS Highway 281 NWaugh St W 14th St WTaylor Ave16th St W 15th St W ExistingState St. Trail Trail to beConstructed withThis Grant Funding Capital Ave Trail Future TrailExtension toEagle Scout Park & VeteransAthletic Field Complex Eagle Scout Park¯ Capital Avenue RESOLUTION (SIGNING OF THE PROJECT PROGRAM AGREEMENT) City of Grand Island Resolution No.2010-119 WHEREAS: The City of Grand Island is proposing a transportation project for which it would like to obtain Federal funds; and WHEREAS: The City of Grand Island understands that it must strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of the Federal-aid project; and WHEREAS: The City of Grand island and the Nebraska Department of Roads (NDOR) wish to enter into a Project Program Agreement setting out the various duties and funding responsibilities for the Federal-aid project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL FO THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to sign the attached Project Program Agreement between the City of Grand Island and the NDOR. The City of Grand Island is committed to providing local funds for the project as required by the Project Program Agreement. NDOR Project Number – ENH-40(59) NDOR Control Number – 42650 NDOR Project Name – Grand Island Connector Trail Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 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 Hasse 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 G10 #2010-120 - Approving Bid Award - Burdick Unit #2 Generator Breaker Addition Tuesday, April 27, 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: April 27, 2010 Subject: Burdick Unit #2 Generator Breaker Addition Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background The City electric system utilizes a 115,000 volt (115kV) transmission line loop to provide the backbone of the electric distribution system. Feeder circuits emanate from each of seven 115kV electric substations located across the City. Additionally, the Electric Department Power Plants and regional grid interconnections also connect to the Grand Island system at three of the 115kV electric substations. The largest of these substations is Substation H located on the eastern portion of the system. At this substation are the three older steam electric generator units, three combustion turbines and two 115 kV loop transmission line interconnections. Feeder circuits from this station serve approximately 10,000 customers. Department engineering staff routinely reviews relaying and system configurations to ensure maximum redundancy in order to provide uninterrupted service to our customers. A recent review of Substation H revealed a single contingency situation that could result in the failure of the entire substation. The failure of breaker H-4-3, one of 19 breakers on the 115kV side of that substation, would cause the entire substation to trip. Three schematic drawings of the substation are attached to illustrate the failure mechanism. The breaker at issue is shown enlarged for easy identification on the attached schematics. The “Normal Configuration” (Figure #1) schematic illustrates the normal condition of the substation. Red color indicates a breaker is closed and the adjacent lines are energized. You will note that four breakers in the substation are shown green, which indicates opened and the lines between them are shown in black indicating a de-energized condition. The open breakers are associated with the #2 and #3 Burdick Station Power Plant units. These older generators are run for emergency and reserve requirements. The “Before Burdick Modification” (Figure #2) schematic illustrates the condition of a failure of breaker H-4-3. At 115,000 volts, failure of equipment is a major concern and protective relaying provides immediate isolation of the failed component by tripping all adjacent equipment through which power might be fed to the failed component. The breakers shown within the dashed green line on the #2 schematic would be tripped on H- 4-3 failure, resulting in the entire substation being de-energized. While some of the breakers remain closed, the relaying trip isolates all power supplies to the feeder circuits in the substation, which would be located off the page to the left of the schematic. The “After Burdick Modification” (Figure #3) schematic illustrates the condition where the breakers associated with the Burdick Station Unit #2 generator (H-1-1 and H-1-2) can be configured in a normally closed condition, so that even with a failure of breaker H-4- 3, Substation H remains energized and service to customers is maintained. Since breakers H-1-1 and H-1-2 are directly connected to a power generator, isolation of the unit when it is not on-line must be maintained. That can be accomplished by adding a single breaker at the #2 Generator as shown circled at the upper right of this schematic. In order to enhance the reliability of the electric distribution system by adding redundancy to Substation H, department engineering staff developed a Request for Proposals for Engineering Services for modification of Substation H to add a breaker and required auxiliary equipment for the #2 generating unit. An engineering services contract to add the generator breaker and auxiliary equipment at Burdick Generating Station Unit 2 was awarded to Black & Veatch at the Council meeting of October 13, 2009. This project is for the purchase of a generator breaker and auxiliary equipment to be installed by City of Grand Island personnel to provide protection between the Unit #2 generator and Sub H. Specifications for the equipment purchase were drafted by Black & Veatch. Discussion The specifications for the Burdick Unit #2 Generator Breaker Addition were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on March 16, 2010. Specifications were sent to four potential bidders and responses were received as listed below. The engineer’s estimate for this project was $98,000.00. Bidder Bid Price Eaton Corporation $ 86,670.00 Harold K. Scholz Co. $ 106,465.00 Siemens Energy $ 156,231.00 The bids were reviewed by the consulting engineer for this project, Black and Veatch, and by plant engineering staff. Eaton proposed the following technical exceptions to the specifications. Their standard indoor breaker is rated for 95 kV BIL (Basic Input Level) instead of the specified 110 kV BIL rating. They also proposed a current transformer with a capacity class of C400 instead of the specified C800. Scholz proposed a current transformer with a capacity rating of C200. This rating is related to the number of external locations to which the output signal must be delivered. In the designed use, on a single connection, the lower capacity class is sufficient. The exceptions proposed by both vendors were evaluated as not compromising equipment performance in the proposed application and are acceptable. The bid from Eaton is recommended by Black and Veatch and utility engineering staff. It is compliant with specifications and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for Burdick Unit #2 Generator Breaker Addition to Eaton Corporation of Moon Township, Pennsylvania, as the low responsive bidder, with the bid price of $86,670.00. Sample Motion Move to approve the bid award of $86,670.00 from Eaton Corporation for the Burdick Unit #2 Generator Breaker Addition as submitted. LINE 1060 TOSUB "D" LINE 1064A TO SUB "E" 13.8 KV 115 KV 13.8 KV 115 KV 2.4 KV 115 KV 13.8 KV 115 KV #6710 Sub “G” Tie22.5/30/33.6 MVA PCC Supply H-23 225KVA Padmount at PCC #2082 Emergency Supply 225KVA Padmount at PCC #5239 Normal Supply TransferSwitch P.T.S (UG) N/C - #872 #6712Grounding Trans.1.6 MVA Continuous740 FT. - (UG) Tieto Sub “G”NORTH BUS SOUTH BUS Burdick Station Unit No. 2 22 MW Oil/Gas Steam Burdick Station Unit No. 3 54 MW Oil/Gas Steam H-6-1 H-5-1 H-3-1 H-2-1 H-1-1 H-6-2 H-5-2 H-4-2 H-3-2 H-2-2 H-1-2 H-6-3 H-4-3 H-3-3 H-1-3 H-0-1 H-0-2 H-0-3 Burdick StationGT-234 MW Oil/Gas 13.8 KV115 KV 13.8 KV115 KV Burdick StationGT-3 34 MW Oil/Gas H-2-3 Substation H Normal Configuration FIGURE #1 LINE 1060TO SUB "D" LINE 1064A TOSUB "E" 13.8 KV 115 KV 13.8 KV 115 KV 2.4 KV 115 KV 13.8 KV 115 KV #6710Sub “G” Tie 22.5/30/33.6 MVA PCC Supply H-23 225KVA Padmount at PCC #2082 Emergency Supply 225KVA Padmount at PCC #5239 Normal Supply TransferSwitch P.T.S (UG) N/C - #872 #6712Grounding Trans. 1.6 MVA Continuous740 FT. - (UG) Tieto Sub “G”NORTH BUS SOUTH BUS Burdick Station Unit No. 2 22 MW Oil/Gas Steam Burdick Station Unit No. 3 54 MW Oil/Gas Steam H-6-1 H-5-1 H-3-1 H-2-1 H-1-1 H-6-2 H-5-2 H-4-2 H-3-2 H-2-2 H-1-2 H-6-3 H-4-3 H-3-3 H-1-3 H-0-1 H-0-2 H-0-3 Burdick Station GT-2 34 MW Oil/Gas 13.8 KV115 KV 13.8 KV115 KV Burdick Station GT-3 34 MW Oil/Gas H-2-3 H-4-3 Breaker Failure Scheme Before Burdick Modification FIGURE #2 LINE 1060TO SUB "D" LINE 1064A TOSUB "E" 13.8 KV 115 KV 13.8 KV 115 KV 2.4 KV 115 KV 13.8 KV 115 KV #6710Sub “G” Tie 22.5/30/33.6 MVA PCC Supply H-23 225KVA Padmount at PCC #2082 Emergency Supply 225KVA Padmount at PCC #5239 Normal Supply TransferSwitch P.T.S (UG) N/C - #872 #6712Grounding Trans. 1.6 MVA Continuous740 FT. - (UG) Tieto Sub “G”NORTH BUS SOUTH BUS Burdick Station Unit No. 2 22 MW Oil/Gas Steam Burdick Station Unit No. 3 54 MW Oil/Gas Steam H-6-1 H-5-1 H-3-1 H-2-1 H-1-1 H-6-2 H-5-2 H-4-2 H-3-2 H-2-2 H-1-2 H-6-3 H-4-3 H-3-3 H-1-3 H-0-1 H-0-2 H-0-3 Burdick Station GT-2 34 MW Oil/Gas 13.8 KV115 KV 13.8 KV115 KV Burdick Station GT-3 34 MW Oil/Gas H-2-3 H-4-3 Breaker Failure Scheme After Burdick Modification FIGURE #3 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale Shotkoski, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: March 16, 2010 at 2:00 p.m. FOR: Burdick Unit #2 Generator Breaker Addition DEPARTMENT: Utilities ESTIMATE: $98,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: February 13, 2010 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Siemens Energy, Inc. Harold K. Scholz Company Wendell, NC Ralston, NE Bid Security: Federal Insurance Company Fidelity & Deposit Co. Exceptions: None Noted Bid Price: Material: $146,011.00 $99,500.00 Sales Tax: $ 10,221.00 $ 6,965.00 Total Base Bid: $156,231.00 $106,465.00 Bidder: Eaton Corporation Moon Township, PA Bid Security: Travelers Casualty & Surety Exceptions: Noted Bid Price: Material: $81,000.00 Sales Tax: $ 5,670.00 Total Base Bid: $86,670.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Pat Gericke, Utilities Admin. Assist. Jeff Pederson, City Administrator Lynn Mayhew, Utility Engineer P1397 Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney R E S O L U T I O N 2010-120 WHEREAS, the Utilities Department engineering staff routinely reviews relaying and system configurations to ensure maximum redundancy in order to provide uninterrupted service to our customers; and WHEREAS, a recent review of Substation H revealed a single contingency condition that could result in the failure of the entire substation; and WHEREAS, the Utilities Department wishes to enhance the reliability of the electric distribution system by adding redundancy to Substation H; and WHEREAS, on October 13, 2009, Black and Veatch of Kansas City, Missouri was awarded a contract for engineering services to provide a modification of Substation H to add a breaker and required auxiliary equipment for the #2 Generating Unit; and WHEREAS, the Utilities Department invited sealed bids for Burdick Unit #2 Generator Breaker Addition; and WHEREAS, on March 16, 2010, bids were received, opened and reviewed; and WHEREAS, the proposal of Eaton Corporation of Moon Township, Pennsylvania, for the Burdick Unit #2 Generator Breaker Addition was submitted in accordance with the terms and the specifications and all other statutory requirements contained therein at a cost of $86,670.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Eaton Corporation of Moon Township, Pennsylvania, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2010 _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2010-121 - Approving Agreement between the City of Grand Island and the Nebraska Department of Health and Human Services Tuesday, April 27, 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: April 27, 2010 Subject: Agreement between the City of Grand Island and the Nebraska Department of Health and Human Services Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background The City of Grand Island Water Department operates under the authority of a license granted by the State of Nebraska, Division of Public Health of the Department of Health and Human Services. The State establishes operating rules and regulations for all public water systems under Title 179, Public Water Systems. Chapter 2 of Title 179 has been revised as of April 4, 2010. Prior to April 4, 2010, the City of Grand Island had the authority to extend water mains within its established service area by its own authority. City engineering staff developed and enforced specifications in accordance with the State’s Title 179 requirements and used those specifications for all city water distribution system extensions and additions. Historically, major system expansions, such as transmission line to the City Wellfield or the recent system extension to Alda, required that the design specifications and drawings be sent to the state for review and approval. As of the April 4, 2010 revisions to Title 179, not only major expansions but all water system extensions and additions must now be submitted to the Department of Health and Human Services (HHS) for review and approval. The authority of the local jurisdiction to design, review and approve the routine water system extensions has been removed. But for the larger water systems, the State has included a program in the April 4 regulatory changes that will allow the local jurisdictions to retain approval authority for most of their water system extension projects. The program requires the local water system to make a one-time submittal of its standard specifications for review and approval in accordance with an agreement between the parties. A copy of a proposed agreement is attached. If approved by the parties, the local water system is authorized, for a three year period, to conduct the required reviews of water system extension projects. Application to HHS for the review agreement authorization includes submittal of a fee of $900.00. Discussion Review fees for projects that have been submitted to the State often exceed $1,000.00 each. The last four years, the number of water main projects averaged 13 per year. The City Water Utility has the personnel and expertise on staff to comply with the State program without additional expense. 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 Agreement between the Nebraska Department of Health and Human Services and the City of Grand Island, and authorize the Mayor to sign the Agreement. Sample Motion Move to approve the Agreement between the Nebraska Department of Health and Human Services and the City of Grand Island. Approved as to Form ¤ ___________ April 21, 2010 ¤ City Attorney R E S O L U T I O N 2010-121 WHEREAS, the City of Grand Island Water Department operates under the authority of a license granted by the State of Nebraska, Division of Public Health of the Department of Health and Human Services; and WHEREAS, the State establishes operating rules and regulations for all public water systems under Title 179, Public Water Systems; and WHEREAS, the City of Grand Island submits plans for Water Main Projects to the Nebraska Department of Health and Human Services for review; and WHEREAS, the revised Chapter 2 of Title 179 provides for an annual fee of $900.00 to be paid in lieu of a fee submittal with each plan review; and WHEREAS, an Agreement has been written between the City of Grand Island and the Nebraska Department of Health and Human Services for Water Main Project plans review pursuant to Chapter 2 of Title 179, Public Water Systems. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement between the City of Grand Island and the Nebraska Department of Health and Human Services, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2010-122 - Approving Application for Victims Of Crimes Act (VOCA) Grant Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Captain Peter Kortum, Police Department Meeting: April 27, 2010 Subject: 2010 VOCA Grant Application Item #’s: G-12 Presenter(s): Steve Lamken, Chief of Police Background The Grand Island Police Department has managed the victim assistance program for Grand Island-Hall County since 2004. Primary funding is from the Victim’s Of Crime Act (VOCA). Grants are awarded through the Nebraska Crime Commission. Historically, the City matches the grant with cash support and in kind services near the 20% level. The estimated budget for the grant period of 10-1-2010 to 9-30-11 is $62,487.00. The estimated City share is $10,346.00. This agenda item seeks approval to submit the application. Discussion A requirement for the grant application is that the grant application must be signed by the agency executive officer for the City of Grand Island. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Do not approve the application 2. Approve the application Recommendation City Administration recommends that the Council approve the application of the award. Any award based on this application will come to council for acceptance. Sample Motion Move to approve the application for 2010 Victims of Crime Act grant funding for the Grand Island-Hall County Victim Assistance Program. Approved as to Form ¤ ___________ April 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-122 WHEREAS, the Police Department of the City of Grand Island received notification of the grant application period for the 2010 Victim of Crime Act from the Nebraska Crime Commission; and WHEREAS, the grants awarded are for local victim assistance programs; and WHEREAS, the this application covers October 1, 2010 through September 30, 2011; and WHEREAS, any grant award will be brought to council for acceptance; and WHEREAS, the Mayor of the City of Grand Island is required to sign the grant application as the City’s Executive Officer. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the grant application prepared by the police department for submission to the Nebraska Crime Commission is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such grant application on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Erika Galaviz-Mendoza, PO Box 682 for Liquor Manager Designation for Fiesta Latina/Nebraska Music Hall, 2815 South Locust Street Tuesday, April 27, 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: April 27, 2010 Subject: Request from Erika Galaviz-Mendoza, PO Box 682 for Liquor Manager Designation for Fiesta Latina/Nebraska Music Hall, 2815 South Locust Street Item #’s: H-1 Presenter(s): RaNae Edwards, City Clerk Background Erika Galaviz-Mendoza, PO Box 682 has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C-34765” Liquor License for Fiesta Latina/Nebraska Music Hall, 2815 South Locust Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Cont rol Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. After investigation, the Grand Island Police Department recommends denial of the application submitted by Erika Galaviz-Mendoza due to failure to disclose information which makes the application false under the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council deny the request for Liquor Manager Designation. Sample Motion Move to deny the request from Erika Galaviz-Mendoza, PO Box 682 for Liquor Manager Designation in conjunction with the Class “C-34765” Liquor License for Fiesta Latina/Nebraska Music Hall, 2815 South Locust Street based on false application. 04/20/10 Grand Island Police Department 450 13:15 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 11:31:11 04/19/2010 Occurred before : 11:31:11 04/19/2010 When reported : 11:31:11 04/19/2010 Date disposition declared : 04/19/2010 Incident number : L10042362 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 2815 Locust St S State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 14150 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------------- NM 8917 04/20/10 Fiesta Latina, Business Involved NM 61103 04/20/10 Galaviz, Erika Liquor Manager? LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 Bar/Night Club LAW INCIDENT NARRATIVE: I received a copy of an application for Erika Galaviz-Mendoza to be the liquor manager at Fiesta Latina. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 04/20/10 Grand Island Police Department 450 13:15 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 09:41:58 04/20/2010 04/20/10 Grand Island Police Department 450 13:15 LAW INCIDENT TABLE Page: 3 318- Liquor Manager Investigation Grand Island Police Department Supplemental Report Date, Time: Tue Apr 20 09:42:26 CDT 2010 Reporting Officer: Vitera Unit- CID On Erika's application, she disclosed that she got a ticket for no insurance in 2006 in Iowa. She also disclosed that she got a ticket in Nebraska in 2009 for driving without a license. I checked on Erika through Spillman and NCJIS. I located an entry for her in Spillman which had multiple entries for her as being a runaway juvenile in her youth. She was also listed as a victim of theft on one occasion and criminal mischief on another occasion. She was contacted for a disturbing the peace complaint and was a suspect in a criminal mischief complaint. She also had a couple of traffic contacts and an entry for a warrant that had been recalled for issuing bad checks. When I checked NCJIS, I discovered that she was convicted of issuing bad checks in 2005. She was also convicted of a stop sign violation and driving without a license in 2004. I found another conviction for driving without a license in 2008 which is probably the conviction she disclosed as occurring in 2009. Erika's operator's license in Nebraska is expired and has been suspended and surrendered to Iowa. Erika's license is also suspended in Iowa for non-payment of fines. On the application, it clearly asks "Has anyone who is a party to this application, or their spouse, ever been convicted of or plead guilty to any charge. Charge means any charge alleging a felony, misdemeanor, violation of a federal or state law, a violation of a local law, ordinance or resolution." Erika's undisclosed traffic conviction would fall under a local ordinance or state law. The bad check conviction falls under State law. Erika's failure to disclose her traffic conviction and bad check conviction technically makes the application false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). The undisclosed convictions do not rise to the level of a Class I Misdemeanor in a specified crime under Nebraska State Statute Chapter 28 that would automatically nullify the liquor license. However, Erika appears to have some problems with the law and responsibility that started when she was a juvenile and have continued as evidenced by her operator's license being suspended in both Nebraska and Iowa for failing to comply and failing to pay her fines. I can't run criminal history checks on liquor license investigations, but it's possible that Erika may have additional criminal history in Iowa. NSP will have to determine that. Erika also failed to list a home telephone number on her application (area code is listed and the rest is blank), and she put a P.O. Box for her home address. In a different area of the application where it asks for past residences, she listed an address on Sycamore where she has resided from August of '99 until March of 2010. Spillman currently shows her living on 16th Street. It is possible that she was a victim of a crime on 16th Street, and the officer used that as her home address while she may have actually been living on Sycamore. 04/20/10 Grand Island Police Department 450 13:15 LAW INCIDENT TABLE Page: 4 I also double checked Erika through ICE. Erika stated on her application that she was born in Mexico. Using the information she provided, an investigator with ICE told me that Erika derived her citizenship through one of her U.S. citizen parents. The investigator said this type of case is not very common, but she is a legal U.S. citizen. The Grand Island Police Department recommends that Erika's application be denied. Erika failed to disclose her bad check conviction and her traffic conviction. She didn't list a home telephone number. She didn't list a home address with the rest of her personal information. The address I found in a different spot on the application conflicts with Spillman information. Erika has a suspended driver's license in Nebraska and Iowa for failing to comply and failing to pay fines which illustrates a potential lack of responsibility and financial mismanagement when coupled with the bad check conviction. Item I1 #2010-123 - Consideration of Request from Casey’s Retail Company dba Casey’s General Store #2882, 1404 West 2nd Street for a Class “B” Liquor License and Liquor Manager Designation for Tina Krings, 1009 Milan Dr. #7, Norfolk, Nebraska This item relates to the aforementioned Public Hearing Item E-1. Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ April 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-123 WHEREAS, an application was filed by Casey’s Retail Company doing business as Casey’s General Store #2882, 1404 West 2nd Street for a Class "B" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 17, 2010; such publication cost being $20.31; and WHEREAS, a public hearing was held on April 27, 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 Tina Krings, 1009 Milan Dr. #7, Norfolk, Nebraska 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, April 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item I2 #2010-124 - Consideration of Request from Casey’s Retail Company dba Casey’s General Store #2883, 1420 South Locust Street for a Class “B” Liquor License and Liquor Manager Designation for Tina Krings, 1009 Milan Dr. #7, Norfolk, Nebraska This item relates to the aforementioned Public Hearing Item E-2. Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ April 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-124 WHEREAS, an application was filed by Casey’s Retail Company doing business as Casey’s General Store #2883, 1420 South Locust Street for a Class "B" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 17, 2010; such publication cost being $20.31; and WHEREAS, a public hearing was held on April 27, 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 Tina Krings, 1009 Milan Dr. #7, Norfolk, Nebraska 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, April 27, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of April 14, 2010 through April 27, 2010 The Claims for the period of April 14, 2010 through April 27, 2010 for a total amount of $2,642,205.19. A MOTION is in order. Tuesday, April 27, 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 April 14, 2010 through April 27, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of April 14, 2010 through April 27, 2010 for the following requisitions. #16 $49,852.88 A MOTION is in order. Tuesday, April 27, 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 April 14, 2010 through April 27, 2010 for the State Fair Recreation Building The Claims for the Period of April 14, 2010 through April 27, 2010 for the State Fair Recreational Building for the following requisitions: #16 $252,000.00 #16 $ 3,367.12 TOTAL: $255,367.12 A MOTION is in order. Tuesday, April 27, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council