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11-09-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, November 09, 2010 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Jeff Pederson City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Scott Dugan John Gericke Peg Gilbert Chuck Haase Robert Meyer Mitchell Nickerson Bob Niemann Kirk Ramsey Jose Zapata Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item E1 Public Hearing on Request from Third City Christian Church for a Conditional Use Permit for Temporary Parking Extension Located at 4100 West 13th Street Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig Lewis, Building Department Director Meeting: November 9, 2010 Subject: Request of Third City Christian Church for Approval of a Conditional Use Permit for a Temporary Parking Lot at 4100 West 13th Street Item #’s: E-1 & H-1 Presenter(s): Craig Lewis , Building Department Director Background This is a request from Third City Christian Church to allow for the approval of a temporary parking lot at 4100 West 13th Street. This request is to facilitate additional parking for the Church during a comprehensive survey and study to identify future growth and space needs. The property is currently zoned R-2, Low Density Residential Zone, that zoning classification allows churches and accessory uses but would require the parking improvements to comply with the code for improved surfaces. Approvals are required as the applicant wishes to provide a 100’x 250’ temporary gravel parking lot as an extension to the existing improved lot. The City code does provide for City Council approval of temporary uses, not to exceed two years in undeveloped areas and six months in developed areas. Discussion The placement of gravel for a surface as opposed to a permanent hard surface of asphalt or concrete would be allowed by code only as a temporary use approved by the City Council. The request for two years will allow for the Church to complete a study and survey of the congregation to identify future growth and facilities needs. Two conditions suggested to be placed upon this request are 1). A landscape buffer included within the required 25’ front yard setback along the south boundary adjacent to 13th Street needs to be provided to comply with setback requirements of the City code. 2). the responsibility of controlling any dust created from the lot needs to be addressed by the applicants during any dry months throughout the duration of the use. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for a conditional use permit finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2. Disapprove or /Deny the request finding that the proposed application does not conform to the purpose of the zoning regulations. 3. Approve the request with additional or revised conditions and a finding of fact. 4. Refer the matter to a special committee for a determination of a finding of fact. Recommendation City Administration recommends that the Council approve the request with the conditions identified finding that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the request for a conditional use permit to allow a temporary parking lot with a gravel surface for a two year period, including staff recommended conditions, finding that the application conforms with the purpose of the zoning regulations. 13th St W Mansfield Rd 4133152715284145415141634157416941754181412715211522412115151516150915031510 142915041423142814171422 1416 1410 41004194 4111 LOCATION MAP ¯ ProposedParking Lot115' x 250' Item E2 Public Hearing Concerning Acquisition of Utility Easement - Riverside Lodge, 404 Woodland Drive - Jan Thayer Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: November 9, 2010 Subject: Acquisition of Utility Easement – Riverside Lodge 404 Woodland Drive –Janice Thayer Item #’s: E-2 & G-5 Presenter(s): Gary R. Mader, Utilities Director Background Riverside Country Club is making a major expansion to their Clubhouse. The existing 6” water service line that is providing fire protection and potable water for the existing building does not provide sufficient flow capability for fire protection to the new building addition. The relatively remote location of the country club made access for additional connections to the municipal water system difficult. Access to the north was restricted by the Wood River and private ownership of most properties adjacent to that stream and access to the south, to the public main in Highway 34, would have required a long, expensive run of pipe. Riverside Country Club initiated contact with Riverside Lodge, located just south of the new country club building, to investigate the possibility of obtaining the necessary additional water system connection from that location. However, the Riverside Lodge water system is privately owned and national standards require that fire protection supplies be connected directly to municipal water systems. Discussion After discussions with the parties, it is proposed that the Riverside Lodge water system be added to public ownership and control. The lodge water system was required to be designed and built to municipal standards at the time of construction and connection to the municipal water system. The owner of Riverside Lodge, Jan Thayer, is agreeable to turn that system over to the City. With municipal ownership, Riverside Country Club would have access to the public water system for the construction of an additional line to provide fire protection and water service to their new construction. In order to have legal access for maintenance and operation of the lodge water system, acquisition of easements is necessary. The easements required for municipal ownership of the water lines on the Riverside Lodge property at 404 Woodland Drive are shown on the attached plat. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing Concerning Acquisition of Utility Easement - Southwest Corner of Swift Parking Lot at Stuhr and Swift Roads - Swift Beef Company Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: November 9, 2010 Subject: Acquisition of Utility Easement – Southwest Corner of Swift Parking Lot – Stuhr and Swift Roads – Swift Beef Company Item #’s: E-3 & G-6 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Swift Beef Company located at the southwest corner of the Swift parking lot at Stuhr and Swift Roads, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion JBS Swift is constructing a new parking lot directly north of their plant. The lot will require a new electrical service to provide electrical power to the parking lot lighting. A new pad-mounted transformer along with the associated high voltage cable and conduit will be placed in the requested easement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E4 Public Hearing Concerning Acquisition of Utility Easement - East Side of Hornady Property, South of the Building and along the South Side of Hornady Property - County of Hall, Nebraska Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: November 9, 2010 Subject: Acquisition of Utility Easement – East Side of Hornady Property, South of the Building – County of Hall Item #’s: E-4 & G-7 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Hall County located on the east side of Hornady property, south of the building and along the south side of Hornady property, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Hornady Manufacturing is expanding their production facility and will require a new 3,000 amp service. To provide for that service, the Utilities Department needs to acquire an easement on the east and south sides of their property. A new transforme r will be placed along with underground primary cable and conduit. The system is designed to provide a loop feed from the northeast property corner south along the east side to the new transformer and continue south, then west to loop into the overhead power line at the southwest corner of the property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item G1 Approving Minutes of October 26, 2010 City Council Regular Meeting Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 26 2010 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on October 26 2010. Notice of the meeting was given in The Grand Island Independent on October 20, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, Zapata and Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council members Alex Wirth and Ashley Bykerk and Board member Darren Sanchez. Mentioned were the following upcoming CYC events: 3rd Annual Create Your Community Art Contest at the Conestoga Mall on November 20 and 21 and Art Wall at the Library during the month of December. PRESENTATIONS AND PROCLAMATIONS: Proclamation “National Adoption Month” November, 2010. Mayor Hornady proclaimed the month of November 2010 as “National Adoption Month”. Marge Creason and Barb Ernst representing the Department of Health and Human Services were present to receive the proclamation. Recognition of the City of Grand Island for Safety Award. Brenda Sutherland, Human Resources Director stated that Governor Dave Heineman recently presented the City of Grand Island with the GO Safety Award at the annual Great Plains Safety and Wellness Conference in Kearney, Nebraska. The City was recognized for their efforts of its Citywide Safety Committee which resulted in the City’s experience rating dropping from 1.15 in 2008/2009 budget year to .94 in the 2009/2010 budget year which have a direct impact on insurance premiums paid by the City. Ms. Sutherland introduced those present representing the City’s Safety Committee. PUBLIC HEARINGS: Public Hearing on Request from Casey’s Retail Company dba Casey’s General Store #2903, 3428 West Capital Avenue for a Class “B” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “B” Liquor License had been received from Casey’s Retail Company dba Casey’s General Store #2903, 3428 West Capital Avenue. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on October 4, 2010; notice to the general public of date, time, and place of hearing published on October 16 2010; notice to the applicant of date, time, and place of Page 2, City Council Regular Meeting, October 26, 2010 hearing mailed on October 4, 2010; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing for a 2010 Economic Development – Community Development Block Grant for Infrastructure. Chad Nabity, Regional Planning Director reported that a Community Development Block Grant had been prepared for $935,000 for infrastructure improvements at the Platte Valley Industrial Park East. This grant would fund City water and sanitary sewer installatio n to enhance the Industrial Park for further development. Staff recommended approval. Marlan Ferguson, 2808 Apache Road spoke in support. No further public testimony was heard. Public Hearing for a 2010 Tourism Development – Community Development Block Grant. Chad Nabity, Regional Planning Director reported that a Community Development Block Grant had been prepared for $110,000 for renovations at the Grand Theatre. The grant would fund Façade and Lobby renovations to enhance tourism at the theatre. The Grand Theatre would contribute matching funds of $250,000 to the project. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located between Airport Road and Abbott Road, and East of North Road (Leon Stanczyk). Gary Mader, Utilities Director reported that acquisition of a utility easement located between Airport and Abbott Roads and between North and Webb Roads was needed in order for construction a 115 kV transmission interconnection to the north of the City. The negotiated price of the easement was $3,230.00. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #9277 – Consideration of Amend ments to Chapter 40 of the Grand Island City Code Relative to Storm Water Management be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Steve Riehle, Public Works Director reported that the Nebraska Department of Environmental Quality (NDEQ) required the City to adopt a Storm Water Management Plan (SWMP). These changes would amend the current section of the Grand Island City Code Chapter 40. Terry Brown and Scott Sekutera presented a PowerPoint explaining the Storm Water Regulations. Discussion was held regarding cost to developers and who would monitor these projects. Steve Riehle mentioned the DEQ permits required on larger projects. Also mentioned was this Ordinance does not affect the 2 mile zoning jurisdiction. Motion by Gilbert, second by Meyer to approve Ordinance #9277. Page 3, City Council Regular Meeting, October 26, 2010 City Clerk: Ordinance #9277 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9277 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9277 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-5 was removed for further discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding item G-5. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 12, 2010 City Council Regular Meeting. Approving Re-Appointment of Scott Ericksen to the Regional Planning Commission. Approving Request from John Foss, 1425 West 112th Street, Kearney, Nebraska for Liquor Manager Designation for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue. #2010-292 – Approving 2010 Economic Development – Community Development Block Grant Project for Infrastructure. #2010-294 – Approving Community Oriented Police (COPS) Hiring Grant. #2010-295 – Approving Change Order Number 1 for Sanitary Sewer Manhole Rehabilitation Project 2010-MH REHAB-1 for the Wastewater Treatment Plant with Midlands Contracting, inc. of Kearney, Nebraska for an Increase of $9,360.00 and a Revised Contract Amount of $196,228.25. #2010-296 – Approving Contract for Snow Removal Operations for the 2010-2011 Winter Season at the Law Enforcement Center and Downtown Parking Lots for the following amounts: Trucks for Hauling Snow - $40.00 per load; Tractor Loader w/Box Blade - $120.00 per hour; Skid Steer Loader - $110.00 per hour and Tractor with Pull Blade - $200.00 per hour. #2010-297 – Approving Acquisition of Utility Easement Located between Airport Road and Abbott Road, and East of North Road (Leon Stanczyk). #2010-298 – Approving Pipeline Crossing Agreement with the Union Pacific Railroad – Cedar Street at the Union Pacific Railroad for Water Main Project 2009-W-1 in an Amount of $7,100.00. #2010-299 – Approving Certificate of Final Completion for Installation of Artificial Turf at the Fieldhouse with All Sports Enterprises, inc. from Exton, Pennsylvania. #2010-300 – Approving Grant Agreement with Baseball Tomorrow for Baseball Equipment at the Fieldhouse. Page 4, City Council Regular Meeting, October 26, 2010 #2010-301 – Approving Contract for Long Term Disability Insurance with CIGNA Group Insurance from December 1, 2010 through November 30, 2013. #2010-302 – Approving Amendment to Library Personnel FTE Budget Allocation. #2010-303 – Approving Certificate of Final Completion with Galvan Construction, Inc. of Grand Island, Nebraska and Scheduling the Board of Equalization for Sidewalk District No. 1, 2007 for November 23, 2010. #2010-304 – Approving Certificate of Final Complete for Sod at the Veterans Athletic Field Complex with Tilley Sprinkler Systems of Grand Island, Nebraska. #2010-293 – Approving 2010 Tourism Development – Community Development Block Grant Project for the Grand Theatre. Chad Nabity, Regional Planning Director reported this grant would be used for renovations at the Grand Theatre. The grant was for $110,000 and the total project was $850,000. Motion by Haase, second by Dugan to approve Resolution #2010-293. Upon roll call vote, all voted aye. Motion adopted. REQUEST S AND REFERRALS: Consideration of Approving Request from Brett Klanecky, 310 Cody Road, St. Libory, Nebraska for Liquor Manager Designation for Pizza Hut, 1608 South Locust Street. City Clerk RaNae Edwards reported that an application had been received from Brett Klanecky, 310 Cody Road, St. Libory, Nebraska for Liquor Manager Designation for Pizza Hut, 1608 South Locust Street. The Police Department recommendation was denial based on recent alcohol related convictions, failing to disclose other convictions and barely being of the legal drinking age. Andy Baack, attorney for the applicant spoke in support of approving the request. Brett Klanecky spoke of bad decisions during college. He mentioned he had completed a state approved alcohol server/seller training program. Police Chief Steve Lamken stated the decision rested with the Council. Motion by Meyer, second by Gericke to deny the request from Brett Klanecky, 310 Cody Road, St. Libory, Nebraska for Liquor Manager designation for Pizza Hut, 1608 South Locust Street based on the Police Department recommendations of recent alcohol related convictions, failing to disclose other convictions and barely being of the legal drinking age. Upon roll call vote, Councilmember’s Meyer and Niemann voted aye. Councilmember’s Gilbert, Haase, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted no. Motion failed. Motion by Gilbert, second by Gericke to approve the request from Brett Klanecky, 310 Code Road, St. Libory, Nebraska for Liquor Manager designation for Pizza Hut, 1608 South Locust Street. Upon roll call vote, Councilmember’s Gilbert, Haase, Carney, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember’s Meyer, Niemann, and Dugan voted no. Motion adopted. Page 5, City Council Regular Meeting, October 26, 2010 RESOLUTIONS: #2010-305 – Approving Request from Casey’s Retail Company dba Casey’s General Store #2903, 3428 West Capital Avenue for a Class “B” Liquor License and Liquor Manager designation for Tina Krings, 1009 Milan Drive #7, Norfolk, Nebraska. This item related to the aforementioned Public Hearing. Motion by Ramsey, second by Zapata to approve Resolution #2010-305 contingent upon final inspections and Ms. Krings completing a state approved alcohol server/seller program. Upon roll call vote, all voted aye. Motion adopted. #2010-306 – Approving Resolution in Support of Amendment No. 1. Mayor Hornady reported that Amendment No. 1, if approved at the General Election on November 2, 2010, would allow the Legislature to grant municipalities more flexibility in funding sources for LB 840 plans to fund local economic or industrial projects and programs. Discussion was held regarding the Legislature needing to change the state statutes. Cash reserves were mentioned. City Attorney Dale Shotkoski commented on the sources of funding. Utilities funds for LB 840 projects were discussed. Utilities Director Gary Mader stated using funds from the Utilities Department would be an additional expense to the department and may require a rate increase. City Administrator Jeff Pederson stated current LB 840 funds were paid from the General Fund, if approved this would broaden the funding sources. Marlan Ferguson, EDC President explained the current LB 840 plan was voted by the people of Grand Island and approved by the City Council. The dollar amount in the plan couldn’t be changed unless by a vote of the people. Motion by Nickerson, second by Zapata to approve Resolution #2010-306. Upon roll call vote, Councilmember’s Niemann, Gilbert, Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember’s Haase, Carney, and Gericke voted no. Councilmember Meyer abstained. Motion adopted. #2010-307 – Approving Interlocal Agreement with Nebraska First Class Cities for L200 Federal Transportation Funding. Steve Riehle, Public Works Director reported that the Nebraska Department of Roads (NDOR) had allocated approximately $900,000 of annual federal transportation funds (L200 funding category) to the City of Grand Island. The Federal Highway Administration (FHWA) had advised the NDOR that federal transportation funds had to be obligated to a project before the federal fiscal year ended on September 30th of each year. Approving the Interlocal Agreement with other Nebraska first class Cities would allo w for unused funds to be allocated for subsequent years. Discussion was held regarding the Interlocal Agreement and how it would affect other First Class Cities. Competition between cities and projects was mentioned. City Attorney Dale Shotkoski commented on the duration and termination in the agreement. Motion by Gilbert, second by Ramsey to approve Resolution #2010-307. Upon roll call vote, all voted aye. Motion adopted. Page 6, City Council Regular Meeting, October 26, 2010 #2010-284 – Approving Acquisition of a Portion of South Locust Street between the Grand Island City Limits and the Northernmost Terminus of the Exit Ramps to the Interstate 80 Interchange (County of Hall, Nebraska). Steve Riehle, Public Works Director reported that this item was postponed from the October 12, 2010 City Council meeting for further information. Mr. Riehle explained the 1992 Interlocal Agreement between the City of Grand Island, Hall County, the Nebraska Department of Roads and the Federal Highway Administration obligations for the new Locust Street I-80 Interchange and 4-lane roadway. Staff recommended approval and if denied could jeopardize future projects and federal transportation funds. Discussion was held regarding City spending funds to develop a road in the County. Motion by Dugan, second by Carney to approve Resolution #2010-284. 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 October 13, 2010 through October 26, 2010, for a total amount of $4,225,959.80. Unanimous ly approved. Motion by Dugan, second by Nickerson to approve the Claims for the Period of October 13, 2010 through October 26, 2010 for the Veterans Athletic Field Complex for a total amount of $13,404.77. Unanimously approved. Motion by Dugan, second by Nickerson to approve the Claims for the Period of September 29, 2010 through October 26, 2010 for the State Fair Recreation Building for a total amount of $212,080.00. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. RaNae Edwards City Clerk Item G2 #2010-308 - Approving Special City Council Meeting for December 28, 2010 Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 9, 2010 Subject: Approving Addition of City Council Meeting on December 28, 2010 Item #’s: G-2 Presenter(s): RaNae Edwards, City Clerk Background On October 13, 2009 the Cit y Council approved Resolution #2009-241 setting the City Council Regular Meeting schedule for 2010. Any changes to this schedule need to be approved by the City Council. Discussion The City Council meetings scheduled for December 2010 are scheduled to be held on the 7th and 21st The first City Council meeting scheduled for 2011 is January 11th. This is three weeks between meetings where no claims can be paid. City Staff recommends the City Council meet in regular session on Tuesday, December 28, 2010 at 5:30 p.m. for the purpose of paying claims. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve a Regular City Council meeting on Tuesday, December 28, 2010 at 5:30 p.m. Sample Motion Move to approve the addition of December 28, 2010 City Council Regular meeting beginning at 5:30 p.m. Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-308 WHEREAS, on October 13, 2009, by Resolution 2009-241, the City Council approved the meeting dates for city council meetings for calendar year 2010; and WHEREAS, due to length of time from the last meeting scheduled in December 2010 and the first meeting scheduled in 2011, it is necessary to schedule a regular city council meeting on December 28, 2010 at 5:30 p.m. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that an additional regular City Council meeting be scheduled for Tuesday, December 28, 2010 at 5:30 p.m. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G3 #2010-309 - Approving Final Plat and Subdivision Agreement for ASMC Subdivision Tuesday, November 09, 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: November 9, 2010 Subject: ASMC Subdivision – Final Plat Item #’s: G-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of Abbott Rd., and west of Engleman Rd., this final plat proposes to create 1 lot on a tract of land comprising a part of the Southeast Quarter (SE1/4), of Section Twenty Seven (27), Township Twelve (12) North, Range Ten (10) West of the 6th P.M. in the 2 mile jurisdiction of Grand Island in Hall County, Nebraska, said tract containing 5.194 acres. Discussion The revised final plat for ASMC Subdivision was considered on Consent Agenda by the Regional Planning Commission at the November 3, 2010 meeting. A motion was made by Eriksen and seconded by Reynolds to approve the plat as presented. A roll call vote was taken and the motion passed with 7 members present (O’Neill, Ruge, Reynolds, Eriksen, Bredthauer, Connelly, Snodgrass) voting in favor no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. ASMC Final Plat Summary Developer/Owner Audrey Rauert 4450 North Engleman Rd Grand Island NE 68803 To create 1 lot along Engleman Rd., and north of Abbott Rd., within the 2 mile jurisdiction of the City of Grand Island, in Hall County, Nebraska. Size: 5.194 acres Zoning: AG-2 Secondary Agricultural Zone Road Access: County Roads Water Public: City water is not available Sewe r Public: City sewer is not available Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-309 WHEREAS, Audrey Rauert, an unremarried widow, being the Owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “ASMC SUBDIVISION”, to be laid out into 1 lot, a tract of land comprising a part of the Southeast Quarter (SE1/4) of Section Twenty Seven (27), Township Twelve (12) North, Range Ten (10) West of the 6th P.M., in the 2 mile jurisdiction of the City of Grand Island, Hall County Nebraska, under the name of ASMC 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 ASMC SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2010-310 - Approving Final Plat and Subdivision Agreement for Panowicz Subdivision Tuesday, November 09, 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: November 9, 2010 Subject: Panowicz Subdivision – Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of Capital Ave. and west of Webb Rd., this final plat proposes to create 2 lots on a tract of land Part of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section One (1), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the city of Grand Island in Hall County, Nebraska, said tract containing .9997 acres. Discussion The revised final plat for Panowicz Subdivision was considered on Consent Agenda by the Regional Planning Commission at the November 3, 2010 meeting. A motion was made by Eriksen and seconded by Reynolds to approve the plat as presented. A roll call vote was taken and the motion passed with 7 members present (O’Neill, Ruge, Eriksen, Reynolds, Bredthauer, Connelly, Snodgrass) voting in favor no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Panowicz Final Plat Summary Developer/Owner John A. and Sarita A. Panowicz 2728 N Webb Rd. Grand Island NE 68803 To create 2 lots along Webb Rd. and north of Capital Ave. in the City of Grand Island, in Hall County, Nebraska. Size: .9997 acres Zoning: R1 – Suburban Residential Zone Road Access: City Roads Water Public: City water is available Sewe r Public: City sewer is available Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-310 WHEREAS, John A. and Sarita A. Panowicz, husband and wife, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “PANOWICZ SUBDIVISION”, to be laid out into 2 lots, Part of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section One (1), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County Nebraska, under the name of PANOWICZ 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 PANOWICZ SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2010-311 - Approving Acquisition of Utility Easement - Riverside Lodge, 404 Woodland Drive - Jan Thayer This item relates to the aforementioned Public Hearing Item E-2. Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-311 WHEREAS, a public utility easement is required by the City of Grand Island, from Janice M. Thayer, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on November 9, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska; and more particularly described as follows: TRACT 1 The centerline of a twenty (20.0) foot wide utility easement and right-of-way tract being more particularly described as follows: Commencing at the southwest corner of Lot One (1), Woodland First Subdivision; thence westerly along the northerly right-of-way line of Woodland Drive on an assumed bearing of S88°44’55”W, a distance of one hundred (100.0) feet to the northwest corner of Woodland Second Subdivision, being the ACTUAL Point of Beginning of Tract 1; thence continuing S88°44’55”W along the westerly extension of the northerly right-of-way line of said Woodland Drive, a distance of two hundred seventy five and ten hundredths (275.10) feet; thence N0°19’49”E, a distance of two hundred twenty five (225.0) feet. TRACT 2 The centerline of a twenty (20.0) foot wide utility easement and right-of-way tract being more particularly described as follows: Commencing at the southwest corner of Lot One (1), Woodland First Subdivision; thence westerly along the northerly right-of-way line of Woodland Drive on an assumed bearing of S88°44’55”W, a distance of twenty six and seventy hundredths (26.70) feet to the ACTUAL Point of Beginning of Tract 2; thence N01°02’13”W, a distance of three hundred seventy seven and twenty nine hundredths (377.29) feet; thence N47°07’54”W, a distance of two hundred twenty three and sixty four hundredths (223.64) feet; thence N88°59’37”W, a distance of one hundred twenty nine and ninety five hundredths (129.95) feet; thence N03°02’21”W, a distance of fifty nine and forty two hundredths (59.42) feet to a point sixteen (16.0) feet south of the northerly line of the tract of land described in Document 87-105014 recorded in the Hall County Register of Deeds Office. TRACT 3 The northerly line of a ten (10.0) foot wide utility easement and right-of-way tract being more particularly described as follows: Commencing at the southwest corner of Lot One (1), Woodland First Subdivision; thence westerly along the northerly right-of-way line of Woodland Drive on an assumed bearing of - 2 - S88°44’55”W, a distance of twenty six and seventy hundredths (26.70) feet; thence N01°02’13”W, a distance of three hundred seventy seven and twenty nine hundredths (377.29) feet; thence N47°07’54”W, a distance of two hundred twenty three and sixty four hundredths (223.64) feet; thence N88°59’37”W, a distance of one hundred twenty nine and ninety five hundredths (129.95) feet; thence N03°02’21”W, a distance of fifty nine and forty two hundredths (59.42) feet to a point sixteen (16.0) feet south of the northerly line of the tract of land described in Document 87-105014 recorded in the Hall County Register of Deeds Office, being the ACTUAL Point of Beginning of Tract 3; thence S88°44’27”W parallel with the northerly line of the tract of land described in Document 87-105014, and being contiguous with the southerly line of a sixteen (16.0) foot wide easement described in Document 93-107665 recorded in the Hall County Register of Deeds Office, a distance of three hundred seventy three and fifty three hundredths (373.53) feet. The above-described easement and right-of-way containing a combined total of 0.68 acres, more or less, as shown on the plat dated 10/14/2010, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Janice M. Thayer on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2010-312 - Approving Acquisition of Utility Easement - Southwest Corner of Swift Parking Lot at Stuhr and Swift Roads - Swift Beef Company This item relates to the aforementioned Public Hearing Item E-3. Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-312 WHEREAS, a public utility easement is required by the City of Grand Island, from Swift Beef Company, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on November 9, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska; and more particularly described as follows: The centerline of a twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Commencing at the southwest corner of Lot Two (2), JBS Subdivision; thence northerly along the westerly line of said Lot Two (2), a distance of one hundred nineteen (119.0) feet to the ACTUAL Point of Beginning; thence easterly perpendicular to the westerly line of said Lot Two (2), a distance of thirty (30.0) feet. The above-described easement and right-of-way containing a total of 600 square feet, more or less, as shown on the plat dated 10/22/2010, marked Exhibit "A" attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Swift Beef Company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2010-313 - Approving Acquisition of Utility Easement - East Side of Hornady Property, South of the Building and along the South Side of Hornady Property - County of Hall, Nebraska This item relates to the aforementioned Public Hearing Item E-4. Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-313 WHEREAS, a public utility easement is required by the City of Grand Island, from The County of Hall, Nebraska, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on November 9, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska; and more particularly described as follows: TRACT 1 The centerline of a twenty (20.0) foot wide utility easement and right-of-way tract being more particularly described as follows: Commencing at the northwest corner of the North Half of the Northeast Quarter (N1/2, NE1/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten (10) West, located in Hall County, Nebraska; thence easterly along the northerly line of the said North Half of the Northeast Quarter (N1/2, NE1/4) of said Section Twenty Four (24), on an assumed bearing of N89°28’31”E, a distance of six hundred seventy three and four tenths (673.4) feet; thence S0°57’52”E along the easterly line of a tract of land described in Document 200709866, recorded in the Register of Deeds Office, Hall County, Nebraska, a distance of five hundred twelve (512.0) feet; thence S89°02’08”W, a distance of eight (8.0) feet to the westerly line of an existing eight (8.0) foot wide easement described in Document 200908381, recorded in the Register of Deeds Office, Hall County, Nebraska, being the ACTUAL Point of Beginning of Tract 1; thence continuing S89°02’08”W, a distance of twenty (20.0) feet. TRACT 2 The southeasterly and southerly line of a twenty (20.0) foot wide utility easement and right-of-way tract being more particularly described as follows: Commencing at the northwest corner of the North Half of the Northeast Quarter (N1/2, NE1/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten (10) West, located in Hall County, Nebraska; thence easterly along the northerly line of the said North Half of the Northeast Quarter (N1/2, NE1/4) of said Section Twenty Four (24), on an assumed bearing of N89°28’31”E, a distance of six hundred seventy three and four tenths (673.4) feet; thence S0°57’52”E along the easterly line of a tract of land described in Document 200709866, recorded in the Register of Deeds Office, Hall County, Nebraska, a distance of one thousand two hundred sixteen and five hundredths (1,216.05) feet to the ACTUAL Point of Beginning of Tract 2; thence S39°19’48”W along a northwesterly right-of-way line of U.S. Highway 30, a distance of one hundred fifty and thirty two hundredths (150.32) feet; thence S90°51’12”W along the southerly - 2 - line of a said tract of land described in Document 200709866, recorded in the Register of Deeds Office, Hall County, Nebraska, a distance of five hundred forty three and eighteen hundredths (543.18) feet to a point on the easterly right-of-way line of Claude Road. The above-described easement and right-of-way containing a combined total of 0.33 acres, more or less, as shown on the plat dated 10/22/2010, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from the County of Hall, Nebraska, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2010-314 - Approving Tree Trimming Contracts for 2011-TT-1 Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Jason Eley, Assistant City Attorney/Purchasing Meeting: November 9, 2010 Subject: Tree Trimming Contract 2011-TT-1 Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department has over 600 miles of distribution and transmission electrical lines. Maintaining the proper clearances between the power lines and trees is necessary for the continued safe operation and maintenance of the system. In order to provide these required clearances, the Utilities Department contracts with private firms to help with the tree trimming. Specifications for Contract 2011-TT-1 were prepared for soliciting bids for tree trimming services throughout the electrical service area. Attached is a drawing showing the areas to be trimmed by outside contractors during 2011. Discussion The contract documents provide for trees to be trimmed in 29 areas across the service area. The project was advertised and specifications were sent to twelve potential bidders. The bids were publicly opened at 2:00 p.m. on October 28, 2010, in accordance with City Procurement Codes. Bids were received from three companies and have been reviewed and evaluated. The project specifications provide that the City may select any or all sections to be awarded in this contract, or the City may award all sections to a single contractor, or award individual sections to multiple contractors, whichever method provides the lowest overall cost. The bids received are tabulated below. Leetch Tree Service Asplundh Tree Ex. Sheffield Tree Ser. Evaluated Low Bid Section Grand Island, NE Fairfax, IA Grand Island, NE By Section 1 $7,100.00 $4,085.00 $5,200.00 $4,085.00 2 $4,350.00 $3,714.00 - $3,714.00 3 $4,450.00 $3,714.00 $3,400.00 $3,400.00 4 $8,495.00 $5,571.00 $2,800.00 $2,800.00 5 $3,750.00 $3,714.00 - $3,714.00 6 $8,450.00 $12,998.00 $8,450.00 7 $3,125.00 $3,714.00 $3,000.00 $3,000.00 8 $14,430.00 $11,141.00 - $11,141.00 9 $16,450.00 $14,855.00 - $14,855.00 10 $6,625.00 $7,428.00 $2,800.00 $2,800.00 11 $6,850.00 $11,141.00 $3,550.00 $3,550.00 12 $7,675.00 $5,571.00 $3,650.00 $3,650.00 13 $6,425.00 $9,284.00 $4,100.00 $4,100.00 14 $8,500.00 $14,855.00 $7,500.00 $7,500.00 15 $7,210.00 $11,141.00 $5,700.00 $5,700.00 16 $4,150.00 $3,714.00 $2,000.00 $2,000.00 17 $2,630.00 $3,714.00 $1,800.00 $1,800.00 18 $6,950.00 $7,428.00 $4,500.00 $4,500.00 19 $4,150.00 $3,714.00 - $3,714.00 20 $5,475.00 $3,714.00 $1,250.00 $1,250.00 21 $5,500.00 $5,571.00 $4,000.00 $4,000.00 22 $14,450.00 $14,855.00 - $14,450.00 23 $8,150.00 $10,399.00 $6,500.00 $6,500.00 24 $4,950.00 $12,998.00 - $4,950.00 25 $5,300.00 $7,428.00 $2,850.00 $2,850.00 26 $4,650.00 $7,799.00 $5,500.00 $4,650.00 27 $5,725.00 $5,942.00 $1,800.00 $1,800.00 28 $17,250.00 $10,399.00 $5,800.00 $5,800.00 29 $38,975.00 - $15,500.00 $15,500.00 $242,190.00 $220,601.00 $93,200.00 $156,223.00 $32,500.00 $41,223.00 $82,500.00 There were no exceptions taken by any of the bidders. All bidders are qualified to do the contract work. All bids were evaluated as in compliance with the specifications. It is recommended that the 29 sections be awarded in the total amount of $156,223.00. Although this is slightly over the project estimate of $150,000.00, it represents a significant benefit to the Utilities Department to have all sections trimmed. If any one section were eliminated from this year’s project, it would need to be done the following year, and would undoubtedly be more expensive at that time due to an additional growing season. 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 Tree Trimming Contract to individual contractors by lowest cost for each section as provided in the specifications in the following manner: Leetch Tree Service of Grand Island, Sections 6, 22, 24, and 26 in the amount of $32,500.00; Asplundh Tree Experts of Fairfax, Iowa, Sections 1, 2, 5, 8, 9, and 19 in the amount of $41,233.00; and Sheffield Tree Service of Grand Island, Sections 3, 4, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 23, 25, 27, 28, and 29 in the amount of $82,500.00, at a total cost for tree trimming contract work of $156,223.00. Sample Motion Move to approve Tree Trimming Contract 2011-TT-1 to Leetch Tree Service, Asplundh Tree Expert Company, and Sheffield Tree Service based upon the lowest bid for each individual section. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 28, 2010 at 2:00 p.m. FOR: Tree Trimming Contract 2011-TT-1 DEPARTMENT: Utilities ESTIMATE: $150,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: September 24, 2010 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Asplundh Tree Expert Company Sheffield Tree Service Fairfax, IA Grand Island, NE Bid Security: Travelers Casualty & Surety Western Surety Co. Exceptions: None None Bid Price: Section 1: $ 4,085.00 $ 5,200.00 Section 2: $ 3,714.00 -- Section 3: $ 3,714.00 $ 3,400.00 Section 4: $ 5,571.00 $ 2,800.00 Section 5: $ 3,714.00 -- Section 6: $12,998.00 -- Section 7: $ 3,714.00 $ 3,000.00 Section 8: $11,141.00 -- Section 9: $14,855.00 -- Section 10: $ 7,428.00 $ 2,800.00 Section 11: $11,141.00 $ 3,550.00 Section 12: $ 5,571.00 $ 3,650.00 Section 13: $ 9,284.00 $ 4,100.00 Section 14: $14,855.00 $ 7,500.00 Section 15: $11,141.00 $ 5,700.00 Section 16: $ 3,714.00 $ 2,000.00 Section 17: $ 3,714.00 $ 1,800.00 Section 18: $ 7,428.00 $ 4,500.00 Section 19: $ 3,714.00 -- Section 20: $ 3,714.00 $ 1,250.00 Section 21: $ 5,571.00 $ 4,000.00 Section 22: $14,855.00 -- Section 23: $10,399.00 $ 6,500.00 Section 24: $12,998.00 -- Section 25: $ 7,428.00 $ 2,850.00 Section 26: $ 7,799.00 $ 5,500.00 Section 27: $ 5,942.00 $ 1,800.00 Section 28: $10,399.00 $ 5,800.00 Section 29: - $15,500.00 Total All Sections: $220,601.00 $93,200.00 Bidder: Leetch Tree Service Grand Island, NE Bid Security: Western Surety Co. Exceptions: None Bid Price: Section 1: $ 7,100.00 Section 2: $ 4,350.00 Section 3: $ 4,450.00 Section 4: $ 8,495.00 Section 5: $ 3,750.00 Section 6: $ 8,450.00 Section 7: $ 3,125.00 Section 8: $14,430.00 Section 9: $16,450.00 Section 10: $ 6,625.00 Section 11: $ 6,850.00 Section 12: $ 7,675.00 Section 13: $ 6,425.00 Section 14: $ 8,500.00 Section 15: $ 7,210.00 Section 16: $ 4,150.00 Section 17: $ 2,630.00 Section 18: $ 6,950.00 Section 19: $ 4,150.00 Section 20: $ 5,475.00 Section 21: $ 5,500.00 Section 22: $14,450.00 Section 23: $ 8,150.00 Section 24: $ 4,950.00 Section 25: $ 5,300.00 Section 26: $ 4,650.00 Section 27: $ 5,725.00 Section 28: $17,250.00 Section 29: $38,975.00 Total All Sections: $242,190.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Tom Barnes, Utilities Eng. Mgr. P1436 Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-314 WHEREAS, the City of Grand Island invited sealed bids for Tree Trimming Project 2011- TT-1 for the Utilities Department, according to the plans and specifications on file with the Utilities Department; and WHEREAS, on October 28, 2010, bids were received, opened and reviewed; and WHEREAS, the requested work has been divided into 29 sections in order to achieve the best and lowest cost, and to expedite the completion of the work; and WHEREAS, Leetch Tree Service of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $32,500.00 for Sections 6, 22, 24, and 26 of the contract; and WHEREAS, Asplundh Tree Experts of Fairfax, Iowa, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $41,223.00 for Sections 1, 2, 5, 8, 9, and 19 of the contract; and WHEREAS, Sheffield Tree Service of Grand Island, Nebraska, submitted a bid in the accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $82,500.00 for Sections 3, 4, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 23, 25, 27, 28, and 29 of the contract; and WHEREAS, the combined total of the lowest bids for the above listed 29 sections represents the lowest responsible bid for said project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The bid of Leetch Tree Service of Grand Island, Nebraska, in the amount of $32,500.00 for Sections 6, 22, 24, and 26 of the contract is hereby approved as the lowest responsive bid submitted for those sections. 2. The bid of Asplundh Tree Experts of Fairfax, Iowa, in the amount of $41,223.00 for Sections 1, 2, 5, 8, 9, and 19 of the contract is hereby approved as the lowest responsive bid submitted for this section. . 3. The bid of Sheffield Tree Service of Grand Island, Nebraska, in the amount of $82,500.00 for Sections 3, 4, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 23, 25, 27, 28, and 29 of the contract is hereby approved as the lowest responsive bid submitted for this section. - 2 - A contract for such project be entered into between the City and such contractors; and that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-315 - Approving Certificate of Final Completion for Purchasing and Installation of Athletic Equipment at the Fieldhouse Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: November 9, 2010 Subject: Certificate of Final Completion-Installation of Athletic Equipment Item #’s: G-9 Presenter(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with Sports Construction Midwest on September 28, 2010 for furnishing and installing basketball goals, divider curtains, netting and protective padding at the City Fieldhouse. Discussion All work associated with this contract has been completed and it is appropriate at this time to close out the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the certificate of final completion and make final payment to Sports Construction Midwest in the amount of $67,985.00. Sample Motion Move to close out the contract with Sports Construction Midwest and make final payment in the amount of $67,985.00 to Sports Construction Midwest. Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-315 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for the Purchase and Installation of Athletic Equipment, Divider Curtains and Netting for the new City Fieldhouse, certifying that Sport Construction Midwest from Coralville, Iowa, under contract dated September 28, 2010, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Parks and Recreation Director’s Certificate of Final Completion for Purchase and Installation of Athletic Equipment, Divider Curtains and Netting for the new City Fieldhouse is hereby confirmed. 2. That a warrant be issued from account no. 40044450-90027 in the total amount of $67,985.00 payable to Sport Construction Midwest for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2010-316 - Approving Changes and Additions to the 2010/2011 Fee Schedule Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: November 9, 2010 Subject: Approving Changes to the 2010-2011 Fee Schedule Item #’s: G-10 Presenter(s): Steve Paustian, Park and Recreation Director Background The City operates the Grand Island Cemetery. Fees are charged for the various services the Cemetery staff provides. The current fee schedule as adopted by Council for fiscal 2010-2011 needs to be modified to accurately reflect the charges recommended by Cemetery staff. Discussion These proposed fees are the staff’s best effort to provide fair charges for the services rendered. The proposed fees took into consideration fees charged by similar facilities in the area for similar services. Attached are the recommended fee modifications and deletions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the recommended fee modifications for the Grand Island Cemetery. Sample Motion Move to modify the Cemetery fee schedule to reflect the proposed changes. CEMETERY DIVISION FEES Open/Close Grave (per burial) ** oversize vault – add $150.00 2008 2009 2010 2011 Changes Needed Urn Vault over 18” x 18” – Add $50.00 Adult 450.00 450.00 450.00 500.00 Child 125.00 125.00 125.00 200.00 Ashes 100.00 100.00 100.00 150.00 After 4:00 pm Monday – Saturday Friday / After 12:00 Saturday (must leave gravesite by 4:30) / (must leave gravesite by 12:30) Adult 600.00 600.00 600.00 650.00 Child 175.00 175.00 175.00 200.00 250.00 Ashes 150.00 150.00 150.00 175.00 200.00 Sunday & Holiday Open/Close per burial Adult 750.00 750.00 750.00 900.00 Child 300.00 300.00 300.00 375.00 Ashes 250.00 250.00 250.00 325.00 Disinterment Adult 750.00 750.00 750.00 800.00 Child 250.00 250.00 250.00 300.00 Cremation 250.00 250.00 250.00 300.00 Tent/Equipment Use for Service (each use) 200.00 250.00 250.00 375.00 0.00 Burial Space One 450.00 450.00 450.00 475.00 500.00 Two 900.00 900.00 900.00 1000.00 One-Half Lot (4 or 5 spaces) 1800.00 1800.00 1800.00 2000.00 Full Lot (8 or 10 spaces) 3600.00 3600.00 3600.00 4000.00 Babyland 100.00 100.00 100.00 125.00 Cremation Space – Section J 200.00 225.00 Transfer Deed (each new deed) 25.00 25.00 25.00 50.00 35.00 House Rental – 3168 Stolley Park Rd/per month 160.00 170.00 180.00 0.00 Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: November 9, 2010 Subject: Approving Changes and Additions to the 2010-2011 Fee Schedule Item #’s: G-10 Presenter(s): Steve Paustian, Parks and Recreation Director Background The City has constructed and owns the building referred to as the Community Fieldhouse on the State Fair Complex located at Fonner Park. Council determined that an indoor recreational facility would be an appropriate use of the facility. To this end Park and Recreation Department staff developed and provided an operational plan for Council review and acceptance at a meeting this past spring. In order to implement this plan a fee structure has been developed and is being brought forward for Council approval. Discussion The following fees are proposed for the use of the Community Fieldhouse. These fees were developed after receiving input from various user groups and by studying the fee structures of facilities and activities that are similar in nature in Grand Island, Hastings, Omaha and Lincoln. These proposed fees are the staff’s best effort to balance cost recovery with accessibility by the citizenry. These fees will be subject to change as we gain experience in the operation. Additional fees will also be established as additional activities are offered. Admission & Rental Prices: Drop-In City League Families “Game- Night” Discount Children under 2 FREE FREE Children (2-4) $2.00 $1.00 Youth (5-18) & Seniors (55 & over) $3.00 $2.00 Adults $5.00 $4.00 (use of entire facility as long as area not been previously reserved.) Rental (Hourly) City League Team Practice Discount (Hourly) Full Turf Field $110.00 $100.00 Half Turf Field $60.00 $55.00 Basketball Court $30.00 $25.00 Volleyball Court $20.00 $15.00 Batting Cages: 15 minutes $10.00 N/A Hour $35.00 $30.00 (each additional hour) Multi Use Discount: For every 10 hours you rent an area you get the 11th hour free. League Fees: Youth Soccer $50.00 per person Per team Leagues $190.00 - $600.00 Meeting Room $15.00 per hour Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the recommended fees for the Community Fieldhouse. Sample Motion Move to approve the recommended fees for the Community Fieldhouse. Preliminary Preliminary FieldhouseFieldhouseBudgetBudgetAnnual ExpensesAnnual ExpensesAnnual RevenueAnnual RevenueWages and BenefitsWages and BenefitsRec. Coordinator Rec. Coordinator $30,771$30,771Adult BasketballAdult Basketball$5,280$5,280CustodianCustodian$27,691$27,691Adult VolleyballAdult Volleyball$32,500$32,500Part Time StaffPart Time Staff$36,894$36,894SoccerSoccer$35,500$35,500Benefits/TaxesBenefits/Taxes$18,657$18,657Flag FootballFlag Football$12,300$12,300Natural GasNatural Gas$15,000$15,000Batting CagesBatting Cages$13,500$13,500Electrical/Water & SewerElectrical/Water & Sewer$25,000$25,000Daily FeeDaily Fee’’ss$29,270$29,270InsuranceInsurance$5,000$5,000Annual PassesAnnual Passes$0$0Phone ServicePhone Service$900$900Volleyball RentalsVolleyball Rentals$1,500$1,500Office SuppliesOffice Supplies$500$500Basketball Court RentBasketball Court Rent$600$600Building RepairsBuilding Repairs$1,500 $1,500 Turf Field RentalTurf Field Rental$54,230$54,230Equipment RepairsEquipment Repairs$500 $500 Vending MachinesVending Machines$3,000$3,000Sanitation ServiceSanitation Service$750$750Other RevenueOther Revenue$6,000$6,000Cleaning SuppliesCleaning Supplies$500$500Total Revenue:Total Revenue:$193,680$193,680Program ExpensesProgram Expenses$33,288$33,288Other General SuppliesOther General Supplies$5,000$5,000Total Expenses: Total Expenses: $201,951$201,951 Breaking Down the NumbersBreaking Down the NumbersBasketball Basketball $5,280 $5,280 (2 adult leagues)(2 adult leagues)VolleyballVolleyball$32,500$32,500(2 adult leagues and 2 tournaments) (2 adult leagues and 2 tournaments) SoccerSoccer$35,500$35,500(2 youth and adult leagues and 2 tournaments)(2 youth and adult leagues and 2 tournaments)Flag FootballFlag Football$12,300$12,300(2 adult leagues and 1 tournament)(2 adult leagues and 1 tournament)Other Revenue Other Revenue $6,000$6,000(Clinics, Special Events, Sports Camps, etc.)(Clinics, Special Events, Sports Camps, etc.)NumberNumberRateRateTotalTotalAverage per DayAverage per DayYouth Day Passes Youth Day Passes 8,0908,090$3$3$24,000$24,00035.96 kids35.96 kidsAdult Day PassesAdult Day Passes1,0001,000$5$5$5,000$5,0004.44 adults4.44 adultsBatting Cage Rental (1 hour)Batting Cage Rental (1 hour)450450$30$30$13,500$13,5002.02.0oneone--hour rentalhour rentalTurf Field Rental (1 hour)Turf Field Rental (1 hour)493493$110$110$54,230$54,2302.192.19oneone--hour rentalhour rentalVolleyball Ct Rental (1 hour)Volleyball Ct Rental (1 hour)7575$20$20$1,500$1,5000.330.33oneone--hour rentalhour rentalBasketball Ct Rental (1 hour)Basketball Ct Rental (1 hour)2020$30$30$600$6000.090.09oneone--hour rentalhour rental Approved as to Form ¤ ___________ November 5, 2010 ¤ City Attorney R E S O L U T I O N 2010-316 WHEREAS, it is necessary to modify the 2010/2011 Fee Schedule for the City Cemetery and adopt fees for the operation of the Community Fieldhouse; and WHEREAS the proposed fee schedule is attached; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2010/2011 adopted Fee Schedule be modified and the changes incorporated into the 2010/2011 budget. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk CEMETERY DIVISION FEES Open/Close Grave (per burial) ** oversize vault – add $150.00 2008 2009 2010 2011 Changes Needed Urn Vault over 18” x 18” – Add $50.00 Adult 450.00 450.00 450.00 500.00 Child 125.00 125.00 125.00 200.00 Ashes 100.00 100.00 100.00 150.00 After 4:00 pm Monday – Saturday Friday / After 12:00 Saturday (must leave gravesite by 4:30) / (must leave gravesite by 12:30) Adult 600.00 600.00 600.00 650.00 Child 175.00 175.00 175.00 200.00 250.00 Ashes 150.00 150.00 150.00 175.00 200.00 Sunday & Holiday Open/Close per burial Adult 750.00 750.00 750.00 900.00 Child 300.00 300.00 300.00 375.00 Ashes 250.00 250.00 250.00 325.00 Disinterment Adult 750.00 750.00 750.00 800.00 Child 250.00 250.00 250.00 300.00 Cremation 250.00 250.00 250.00 300.00 Tent/Equipment Use for Service (each use) 200.00 250.00 250.00 375.00 0.00 Burial Space One 450.00 450.00 450.00 475.00 500.00 Two 900.00 900.00 900.00 1000.00 One-Half Lot (4 or 5 spaces) 1800.00 1800.00 1800.00 2000.00 Full Lot (8 or 10 spaces) 3600.00 3600.00 3600.00 4000.00 Babyland 100.00 100.00 100.00 125.00 Cremation Space – Section J 200.00 225.00 Transfer Deed (each new deed) 25.00 25.00 25.00 50.00 35.00 House Rental – 3168 Stolley Park Rd/per month 160.00 170.00 180.00 0.00 Item G11 #2010-317 - Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sidewalk Repair at 2025 N Lafayette Avenue Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: November 9, 2010 Subject: Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sidewalk Repair at 2025 N Lafayette Avenue Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background At the August 24, 2010 meeting the City Council approved Resolution 2010-234, which ordered the sidewalk at 2025 N Lafayette Avenue to be repaired. Galvan Construction was hired through informal bids to repair the sidewalk adjacent to 2025 N Lafayette Avenue. Discussion The repairs to the sidewalk adjacent to 2025 N Lafayette Avenue were completed to the City standards for a cost of $550.00, which included the rental of a tree root grinder to remove the roots that caused the sidewalk to heave. Total cost of the repairs, including Engineering Services of $55.00, is $605.00. The cost for this project will be assessed to the adjacent property. The payments are spread over seven (7) years at 7% simple interest. The first payment of principle only at 1/7th of the assessment is due 10 days after filing of the ordinance that levies the cost as approved at the Board of Equalization. The City has had multiple correspondences with the property owner and will send a reminder letter advising them that the BOE is scheduled for January 11, 2011; the first payment will be due shortly after. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the Certificate of Final Completion for sidewalk repairs adjacent to 2025 N Lafayette Avenue and set the Board of Equalization date of January 11, 2011. Sample Motion Move to approve the Certificate of Final Completion and Set the Board of Equalization for sidewalk repairs adjacent to 2025 N Lafayette Avenue. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sidewalk Repairs at 2025 N Lafayette Avenue CITY OF GRAND ISLAND, NEBRASKA November 9, 2010 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that sidewalk repairs at 2025 N Lafayette Avenue have been fully completed by Galvan Construction, Inc. of Grand Island, Nebraska. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as City Engineer/Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Sidewalk Repairs at 2025 N Lafayette Avenue Total No. Description Lump Sum Price Cost 1. 4” PCC Sidewalk $550.00 $550.00 TOTAL CONSTRUCTION COST – SIDEWALK REPAIRS AT 2025 N LAFAYETTE AVENUE $550.00 LESS AMOUNT PREVIOUSLY PAID CONTRACTOR $ 0.00 BALANCE DUE CONTRACTOR THIS FINAL PAYMENT $550.00 Engineering Costs $ 55.00 ------------------- TOTAL COST OF SIDEWALK REPAIRS AT 2025 N LAFAYETTE AVENUE $605.00 Amount Assessable to Property Owner $605.00 PAGE 1 OF 2 Respectfully submitted, Steven P. Riehle, P.E. Public Works Director I hereby recommend that the Engineer’s Certificate of Final Completion for sidewalk repairs at 2025 N Lafayette Avenue be approved and that the costs of City Engineering be credited to Account No. 10033001.74516 from Account No. 40033535.90072 in the amount of $55.00. I further recommend that the City Council sit as a Board of Equalization on January 11, 2010 to determine benefits and levy special assessments. Respectfully submitted, Margaret Hornady Mayor PAGE 2 OF 2 Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-317 WHEREAS, the City Engineer/Public Works Director of the City of Grand Island has issued a Certificate of Final Completion for sidewalk repairs at 2025 N Lafayette Avenue, certifying that Galvan Construction, Inc. of Grand Island, Nebraska, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the certificate of final completion for sidewalk repairs at 2025 N Lafayette Avenue; and WHEREAS, the Mayor concurs with the recommendations of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director’s Certificate of Final Completion for sidewalk repairs at 2025 N Lafayette Avenue, is hereby confirmed. 2. The costs of City Engineering be credited to Account No. 10033001.74516 from Account No. 40033535.90072 in the amount of $55.00. 3. The City Council will sit as a Board of Equalization on January 11, 2011 to determine benefits and set assessments for sidewalk repairs at 2025 N Lafayette Avenue. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2010-318 - Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sidewalk Repair at 503 E Yund Street Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: November 9, 2010 Subject: Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sidewalk Repair at 503 E Yund Street Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background At the August 24, 2010 meeting the City Council approved Resolution 2010-233, which ordered the sidewalk at 503 E Yund Street to be repaired. Galvan Construction was hired through informal bids to repair the sidewalk adjacent to 503 E Yund Street. Discussion The repairs to the sidewalk adjacent to 503 E Yund Street were completed to the City standards for a cost of $2,002.00. Total cost of the repairs, including Engineering Services of $200.20, is $2,202.20. The cost for this project will be assessed to the adjacent property. The payments are spread over seven (7) years at 7% simple interest. The first payment of principle only at 1/7th of the assessment is due 10 days after filing of the ordinance that levies the costs as approved at the Board of Equalization. The City has had multiple correspondences with the property owner and will send a reminder letter advising them that the BOE is scheduled for January 11, 2011; the first payment will be due shortly after. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the Certificate of Final Completion for sidewalk repairs adjacent to 503 E Yund Street and set the Board of Eq ualization date of January 11, 2011. Sample Motion Move to approve the Certificate of Final Completion and Set the Board of Equalization for sidewalk repairs adjacent to 503 E Yund Street. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sidewalk Repairs at 503 E Yund Street CITY OF GRAND ISLAND, NEBRASKA November 9, 2010 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that sidewalk repairs at 503 E Yund Street have been fully completed by Galvan Construction, Inc. of Grand Island, Nebraska. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as City Engineer/Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Sidewalk Repairs at 503 E Yund Street Total No. Description Lump Sum Price Cost 1. 4” PCC Sidewalk $2,002.00 $2,002.00 TOTAL CONSTRUCTION COST – SIDEWALK REPAIRS AT 503 E YUND STREET $2,002.00 LESS AMOUNT PREVIOUSLY PAID CONTRACTOR $ 0.00 BALANCE DUE CONTRACTOR THIS FINAL PAYMENT $2,002.00 Engineering Costs $ 200.20 ------------------- TOTAL COST OF SIDEWALK REPAIRS AT 503 E YUND STREET $2,202.20 Amount Assessable to Property Owner $2,202.20 PAGE 1 OF 2 Respectfully submitted, Steven P. Riehle, P.E. Public Works Director I hereby recommend that the Engineer’s Certificate of Final Completion for sidewalk repairs at 503 E Yund Street be approved and that the costs of City Engineering be credited to Account No. 10033001.74516 from Account No. 40033535.90072 in the amount of $200.20. I further recommend that the City Council sit as a Board of Equalization on January 11, 2010 to determine benefits and levy special assessments. Respectfully submitted, Margaret Hornady Mayor PAGE 2 OF 2 Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-318 WHEREAS, the City Engineer/Public Works Director of the City of Grand Island has issued a Certificate of Final Completion for sidewalk repairs at 503 E Yund Street, certifying that Galvan Construction, Inc. of Grand Isla nd, Nebraska, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the certificate of final completion for sidewalk repairs at 503 E Yund Street; and WHEREAS, the Mayor concurs with the recommendations of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director’s Certificate of Final Completion for sidewalk repairs at 503 E Yund Street, is hereby confirmed. 2. The costs of City Engineering be credited to Account No. 10033001.74516 from Account No. 40033535.90072 in the amount of $200.20. 3. The City Council will sit as a Board of Equalization on January 11, 2011 to determine benefits and set assessments for sidewalk repairs at 503 E Yund Street. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2010-319 - Approving Amending the Contract with TASC for the City Cafeteria Plan Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: November 9, 2010 Subject: Amending the Contract with TASC for the City Cafeteria Plan Item #’s: G-13 Presenter(s): Brenda Sutherland, Human Resources Director Backgro und The City entered into a contract with TASC to provide cafeteria plan service beginning with the 2010 calendar year. That contract specified that the City would pay $3.50 per participant to provide a cafeteria benefit that would allow employees to set aside pre-tax dollars for eligible medical and dependent care expenses. This cost is paid by the City Discussion This year I am recommending that the City Council approve amending the plan to allow the addition of the FlexSystem Claim Card which is a debit card that the employee can use at the pharmacy or participating physician’s office. This card would allow the employee’s account to pay for the services or products directly without having to go through the process of filing claims and waiting for reimbursement. Adding the debit card will increase the monthly amount to $4.00 per plan participant, an increase of .50 cents. Employees who participate in the cafeteria or “flex spending” account set money aside pre-tax. This means that the City does not pay the matching FICA or Medicare contribution that it would have on those dollars. The savings in the match requirement far outweighs the cost of the program by more than a two to one ratio. This is another step toward more efficient utilization of benefits through technology. In addition, I am recommending the addition of the Non-Employer Sponsored Premium Account. This will allow employees to set aside dollars to be used for non-employer sponsored premiums such as Medicare supplements or privately purchased insurance premiums. There is no fee added for this provision. 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 amend the contract with TASC to add the FlexSystem Claim Card and the Non-Employer Sponsored Premium Account. Sample Motion Move to amend the contract with TASC to allow the FlexSystem Claim Card and the Non-Employer Sponsored Premium Account. Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-319 WHEREAS, the City of Grand Island provides a Section 125 Cafeteria Plan for its employees; and WHEREAS, TASC of Madison Wisconsin is the third party administrator who administrates the plan; and WHEREAS, a recommendation to amend the plan to add a FlexSystem Claim Card at a cost of .50 cents per plan participant, per month; and WHEREAS, this fee will be in effect for a minimum of two (2) years beginning with the January 1, 2011 plan renewal; and WHEREAS, the plan will also be amended to add the Non-Employer Sponsored Premium account at no additional cost. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Section 125 Cafeteria Plan administered by TASC, of Madison Wisconsin be amended to add the FlexSystem Claim Card for an additional fee of .50 cents per plan participant per month and add the Non-Employer Sponsored Premium account at no additional cost. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2010-320 - Approving Agreement with Saint Francis Medical Center Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Russ Blackburn; Troy Hughes City of Grand Island City Council Council Agenda Memo From: EMS Division Chief Russ Blackburn Meeting: November 9, 2010 Subject: Agreement with Saint Francis Medical Center Item #’s: G-14 Presenter(s): EMS Division Chief Russ Blackburn Background Airway management is the most important skill of an Emergency Medical Technician, and is used on a daily basis. Without an open airway a human being will be clinically dead in a matter of minutes, and brain dead 6 minutes after that. Intubation is the gold standard of airway control in patients that cannot protect their own airway. If performed improperly however it can cause the death of a patient. Discussion This agreement with Saint Francis Medical Center allows our Paramedics to verify their intubation skills in a clinical atmosphere, while being watched over by an anesthesiologist. These skills are required to maintain State and National Licenses. 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 this agreement. Sample Motion Move to approve this agreement with Saint Francis Medical Center. AGREEMENT ADVANCED EMS TRAINING EXPERIENCE THIS AGREEMENT made this ___th day of _______________ by and between the City of Grand Island, a municipal corporation; hereinafter referred to as “the City,” and Saint Francis Medical Center; hereinafter referred to as “Agency.” WHEREAS, the parties of the Agreement wish to provide adequate instruction as well as Operating Room intubation experience and observation for the paramedics of Grand Island Fire Department; and WHEREAS, the Agency maintains facilities suitable for said instruction and experience. NOW THEREFORE BE IT RESOLVED that this Agreement is entered into under the following conditions: General Conditions: (1) This agreement does not contemplate the payment of any fees or remuneration by either party to the other. (2) The City paramedics shall not be deemed employees of the Agency and are not eligible for compensation or benefits. There shall be no monetary consideration paid by the City or to the Agency for the services of said paramedics or instructors. (3) The assigned personnel of the Agency and the Administration of the Fire Department shall cooperate in providing a sound educational environment for effective patient care. Such persons may confer at such times as may be mutually agreed upon to evaluate the education program. (4) The Agency shall schedule and arrange for times when students shall be present and the number of students present in such a manner so as not to interfere with the day-to-day operation of the Agency. (5) Neither the City nor the Agency shall discriminate against any employee, applicant or student for employment or registration in its course of study because of race, color, religion, sex, national origin, handicap, special disabled veterans status or Vietnam era veterans status. Both parties agree to comply with the Educational Rights and Privacy Act of 1974, as amended governing the privacy of student records. (6) Paramedics shall be subject to the Agency policies and to the same obligations to maintain confidentiality of the Agency patient records as applies to the Agency staff. A determination that a student has violated the confidentiality requirements of the Agency will be grounds for immediate termination of their service at the Agency. (7) The City reserves the right and discretion to withdraw those paramedics whose work or conduct may have a detrimental effect on the program or whose program and achievement, in the opinion of the City, do not justify their continuance in the program. The Agency reserves the right to prohibit a student from training at the Agency whose conduct may have detrimental effect on patients or who does not adhere to existing rules and regulations of the Agency, and to all reasonable rules and regulation of the Agency. Responsibilities of the City: (1) The City shall use proper administrative procedure in planning for observation and/or Operating Room training experience. The Agency will have the right to refuse the EMS Division Chief’s participation in the training, and the Agency will have this right of rejection without cause. (2) The City shall adhere to existing rules and regulations of the Agency and to insure that its paramedics at all times adhere to those rules and regulations. (3) The City shall contact the Agency at least one (1) day prior to the arrival of students in order to properly plan for their training. (4) The City shall provide requested demographic, academic and health information, including proof of basic life support certification (CPR), current immunizations and/or testing for measles, mumps, rubella, skin test for tuberculosis (proof of negative chest x-ray when indicated) and Hepatitis B (or a signed waiver) for all paramedics scheduled for Operating Room training experience with the Agency. (5) The City shall provide proof of Bloodborne Pathogen and Infection Control training within the past twelve (12) months for all students scheduled for field training experience with the Agency. If a blood/body fluid exposure occurs to a student while caring for a patient, the City is responsible for the follow-upon procedures for the paramedics defined by state/federal OSHA regulations. (6) The City or its paramedics shall provide necessary textbooks and classroom supplies, if needed, in conjunction with the Operating Room training internship practice. The Agency assumes no responsibility for any loss or theft of personal belongings of the City or the paramedic s enrolled in the City’s training program. (7) The City will keep the Agency informed of changes in policy which may affect the students training at the Agency. Responsibilities of the Agency: (1) The Agency shall provide training appropriate for learning experience by the paramedics. Both parties will agree upon those patient care activities in which students may participate during the Operating Room experience. (2) The Agency will provide on-site supervision of the paramedic and has the right to determine the level of participation in such patient care activities. (3) The Agency will provide orientation for the City staff so as to enable the City staff to coordinate their inner-classroom instruction. (4) The Agency shall provide emergency health care to students for any accident or illness occurring on the Agency’s premises at the cost of the student. The Agency requires that a report be filed immediately with the Agency and The City if the student has an accident or becomes ill while receiving training. (5) The Agency shall permit The City paramedics connected with the education program to use, at their own expense, the cafeteria and/or dining facilities available to Agency employees. (6) The Agency will keep the City faculty informed of changes in policy, which affect faculty and student. (7) Agency shall, at that Agency’s sole cost and expense, procure, keep and maintain throughout the term of this Agreement, insurance coverage in the minimum amounts of: One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) annual aggregate for commercial general and automobile liability; One Million Dollars ($1,000,000) per occurrence and Three Million Do llars ($3,000,000) annual aggregate for professional liability or the professional liability coverage required under the Nebraska Hospital-Medical Liability Act, Revised Statutes of Nebraska Section 44-2801 et seq. or any successor statute (the "Act"), and qualification under the Act with participation in the Excess Liability Fund thereunder; and applicable state statutory limits for workers compensation. In addition to the coverage's specifically listed herein, Agency shall maintain any other usual and customary policies of insurance applicable to its respective lines of business. By requiring insurance herein, neither party represents that coverage and limits will necessarily be adequate to protect the other party. Termination of Agreement: This Agreement shall commence upon execution by both parties, and shall continue indefinitely until terminated by either party upon sixty (60) days advance written notice to the other. In the event that either party reasonably determines, based on the advice of lega l counsel or otherwise, that the continuation of the Agreement will subject a party to liability for violation of federal or state law, then either party may terminate this Agreement immediately upon written notice to the other. Miscellaneous Provisions: (1) Neither party shall be liable under any contracts or obligations of the other, except as otherwise provided pursuant to the Agreement or for any act or omission of the other party or its officers, employees or agents, and both parties agree to indemnify and hold the other harmless from any and all losses, damages, costs and expenses (including reasonable attorney’s fees) that are caused or arise out of their own omission, fault, negligence or other misconduct by their employees, independent contractors or volunteers in connection with the Agreement. (2) This Agreement may not be assigned or transferred by either party without written consent of the other. IN WITNESS WHEREOF, under the authority of their governing bodies, the parties have hereto set their hands and seals on this ______day of ____________, 2010. CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By: ________________________________ _____________________________(Name) ______________________________(Title) Saint Francis Medical Center By: _________________________________ _____________________________(Name) ______________________________(Title) Attest:__________________________________ Approved as to Form ¤ ___________ November 4, 2010 ¤ City Attorney R E S O L U T I O N 2010-320 WHEREAS, Grand Island Fire Department provides Advanced Life Support services, and is required by our Medical Director, and State licensing and National credentialing requirements, to verify those advanced skills. WHEREAS, Saint Francis Medical Center agrees to provide such skills verification and oversight to the paramedics of the Grand Island Fire Department WHEREAS, such agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement by and between Saint Francis Medical Center and the City of Grand Island Fire Department to provide clinical observation of verification of Advanced Airway skills are hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Approving Request from Third City Christian Church for a Conditional Use Permit for Temporary Parking Extension Located at 4100 West 13th Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item J1 Approving Payment of Claims for the Period of October 27, 2010 through November 9, 2010 The Claims for the period of October 27, 2010 through November 9, 2010 for a total amount of $2,627,683.33. A MOTION is in order. Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J2 Approving Payment of Claims for the Period of October 27, 2010 through November 9, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of October 27, 2010 through November 9, 2010 for the following requisition. #29 $103,732.94 A MOTION is in order. Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J3 Approving Payment of Claims for the Period of October 27, 2010 through November 9, 2010 for the State Fair Recreation Building The Claims for the Period of October 27, 2010 through November 9, 2010 for the State Fair Recreational Building for the following requisition: #33 $137,655.00 A MOTION is in order. Tuesday, November 09, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council