The URL can be used to link to this page

01-11-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, January 11, 2011 Council Session Packet City Council:Mayor: Jay Vavricek Interim City Administrator: Mary Lou Brown City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Linna Dee Donaldson Scott Dugan Randy Gard John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Bev Lanzendorf, First United Methodist Church, 4190 West Capital Avenue This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Dale Shotkoski, City Attorney for Service with the City of Grand Island Mayor Vavricek and the City Council will recognize Dale Shotkoski, City Attorney for his years of dedicated service to the City of Grand Island. Mr. Shotkoski started with the City on August 1, 1996. During his tenure he held the positions of Interim City Attorney, Interim Personnel Director and Interim City Administrator. His last day with the City of Grand Island will be Friday, January 14, 2011. We thank Dale for his service to the City of Grand Island and wish him the best. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Recognition of Mike Kearney and Brye Jensen with the Grand Island Fire Department’s Citizen’s Citation Award Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Troy Hughes City of Grand Island City Council Council Agenda Memo From: EMS Division Chief Russ Blackburn Meeting: January 11, 2011 Subject: Citizen's Citation to Mike Kearney and Brye Jensen Item #’s: C-2 Presenter(s): Fire Chief Troy Hughes Russ Blackburn, EMS Division Chief Ranae Foster, of the American Red Cross Background Sudden Cardiac Arrest is a leading cause of death in the United States, claiming nearly 300,000 lives each year. During a sudden cardiac arrest, heart function ceases – abruptly and without warning. When this occurs, the heart is no longer able to pump blood to the rest of the body, and in some 95 percent of victims, death occurs. While Sudden Cardiac Arrest (SCA) is a significant public health crisis, it is often misunderstood. SCA is not a heart attack. A heart attack occurs when a blood vessel becomes blocked and interrupts blood flow to the heart, causing heart muscle to die. Sudden cardiac arrest occurs when the heart's electrical system malfunctions and the heart stops beating. Most of these deaths occur with little or no warning, from a syndrome called sudden cardiac arrest. The most common cause of sudden cardiac arrest is a disturbance in the heart rhythm called ventricular fibrillation. Once a cardiac arrest occurs, cardiopulmonary resuscitation (CPR) and defibrillation is required within the first several minutes to restore electrical activity to the heart and revive the heart's pumping function. Availability of Automated External Defibrillators (AEDs) is critical for rapid response to cardiac arrest. Discussion On November 11, 2010 Mike Kearney, a Yard Supervisor at JBS, was told a truck driver was down in the office. Mr. Kearney found the driver not breathing with no pulse. Mr. Kearney started CPR and called for help. Responding to the call for help, Brye Jensen, Occupational Health Nurse with JBS, grabbed an Automated External Defibrillator and went to help Mr. Kearney. Ms. Jensen applied the AED and shocked the patient when advised. The two of them then performed CPR until the Fire Department paramedics arrived. This patient was defibrillated once more en route to the hospital, but was conscious and talking to the Emergency Department doctors shortly after arrival at Saint Francis Medical Center. This incident shows the importance of having as many people as possible in the community trained in CPR. Even though help from the Fire Department is usually less than five minutes away, immediate care provided by people already at the scene can have the greatest affect on the outcome of these medical emergencies, and increase survival rates. Mr. Kearney took his CPR training with the Red Cross “years ago.” Ms. Jensen is a Red Cross CPR Instructor. The Grand Island Fire Department would like to present Mike Kearney and Brye Jensen with the Citizen’s Citation Award for their display of heroism shown on November 11, 2010 in which they saved the life of this patient. Recommendation It is recommended that Mike Kearney and Brye Jensen be presented with the Grand Island Fire Department’s Citizen’s Citation for their life saving efforts on November 11, 2010. Item C3 Recognition of Leroy Becker with the Grand Island Fire Department’s Citizen’s Citation Award Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Troy Hughes City of Grand Island City Council Council Agenda Memo From: EMS Division Chief Russ Blackburn Meeting: January 11, 2011 Subject: Citizen's Citation to Leroy Becker Item #’s: C-3 Presenter(s): Fire Chief Troy Hughes Russ Blackburn, EMS Division Chief Ranae Foster, of the American Red Cross Background Sudden Cardiac Arrest is a leading cause of death in the United States, claiming nearly 300,000 lives each year. During a sudden cardiac arrest, heart function ceases – abruptly and without warning. When this occurs, the heart is no longer able to pump blood to the rest of the body, and in some 95 percent of victims, death occurs. While Sudden Cardiac Arrest (SCA) is a significant public health crisis, it is often misunderstood. SCA is not a heart attack. A heart attack occurs when a blood vessel becomes blocked and interrupts blood flow to the heart, causing heart muscle to die. Sudden cardiac arrest occurs when the heart's electrical system malfunctions and the heart stops beating. Most of these deaths occur with little or no warning, from a syndrome called sudden cardiac arrest. The most common cause of sudden cardiac arrest is a disturbance in the heart rhythm called ventricular fibrillation. Once a cardiac arrest occurs, cardiopulmonary resuscitation (CPR) and defibrillation is required within the first several minutes to restore electrical activity to the heart and revive the heart's pumping function. Availability of Automated External Defibrillators (AEDs) is critical for rapid response to cardiac arrest. Discussion On August 27, 2010 Leroy Becker and Vern Nadrchal were at Leroy’s warehouse, here in Grand Island, when Mr. Nadrchal experienced Sudden Cardiac Arrest. Leroy Becker performed CPR on his co-worker for 4 to 5 minutes before Mr. Nadrchal’s heart started again and he regained consciousness. This incident shows the importance of having as many people as possible in the community trained in CPR. Even though help from the Fire Department is usually less than five minutes away, immediate care provided by people already at the scene can have the greatest affect on the outcome of these medical emergencies, and increase survival rates. Mr. Becker received his CPR training approximately 20 years ago from the Red Cross. The Grand Island Fire Department would like to present Leroy Becker with the Citizen’s Citation Award for his display of heroism shown on August 27, 2010 in which he saved the life of Vern Nadrchal. Recommendation It is recommended that Leroy Becker be presented with the Grand Island Fire Department’s Citizen’s Citation for his life saving efforts on August 27, 2010. Item D1 2011-BE-1 - Consideration of Determining Benefits and Levy Special Assessments for Sidewalk Repairs at 503 E Yund Street & 2025 N Lafayette Avenue Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Meeting: January 11, 2011 Subject: Consideration of Determining Benefits and Levy Special Assessments for Sidewalk Repairs at 503 E Yund Street & 2025 N Lafayette Avenue Item #’s: D-1 Presenter(s): Gary R. Mader, Interim Public Works Director Background The Certificate of Final Completion for sidewalk repairs at 503 E Yund Street & 2025 N Lafayette Avenue was approved by the council on November 9, 2010, with January 11, 2011 set as the date for Council to sit as the Board of Equalization. Through informal bids Galvan Construction, Inc. of Grand Island, Nebraska was hired to make the necessary reparis at each location. Work was completed at a construction price of $2,552.00. Total cost of the repairs, including engineering services of $255.20, was $2,807.20. All work has been completed and special assessments have been calculated for the repairs. Discussion The costs for this project will be assessed to the adjacent properties. The payments are spread over seven (7) years at 7% simple interest. The first payment of principle only at 1/7th of the assessment is due 25 days after the Board of Equalization. The City has had multiple correspondences with the property owners and sent a reminder letter advising them that the BOE is scheduled for January 11, 2011 and the first payment will be due shortly after. The attached spreadsheet shows the assessment per property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council meet as the Board of Equalization to determine benefits and pass an ordinance to levy Special Assessments to individual properties. Sample Motion (Sample Motion for the Board of Equalization) Move to approve the resolution establishing benefits for sidewalk repairs at 503 E Yund Street & 2025 N Lafayette Avenue. (Sample Motion for the Ordinance) Move to approve the ordinance levying the assessments for sidewalk repairs at 503 E Yund Street & 2025 N Lafayette Avenue. Sidewalk Repairs @ 503 E Yund St & 2025 N Lafayette Ave-Final Assessments12/16/2010Owner & AddressLegal Mailing Address Lump Sum Total Assessment w/ 10% EngineeringHelen A Yocum503 E Yund StWilliam L & Bonnie Lou Morrow2025 N Lafayette AveTotal-Sidewalk Repairs @ 503 E Yund St & 2025 N Lafayette Ave 2,552.00$ 2,807.20$ Fractional Lot Four (4), Fractional Block 151, UnionPacific Railway Co's Second Addition to the City ofGrand Island, Hall County, Nebraska$2,002.00 2,202.20$ Lots Two (2) and Four (4), in Block Eight (8), in Scarff'sAddition to the City of Grand Island, Hall County,Nebraska550.00$ 605.00$ samesame Approved as to Form ¤ ___________ January 7, 2011 ¤ City Attorney R E S O L U T I O N 2011-BE-1 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for sidewalk repairs at 503 E Yund Street & 2025 N Lafayette Avenue, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $2,807.20; and Such benefits are based on length of sidewalk installed at the adjacent property; and According to the actual frontage of sidewalk installed adjacent to the respective lots, tracts, and real estate within such sidewalk repair area, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Sidewalk District No. 1, 2007 Helen A. Yocum Fractional Lot Four (4), Fractional Block 151, Union $2,202.20 Pacific Railway Co’s Second Addition to the City of Grand Island, Hall County, Nebraska William L & Bonnie Lou Morrow Lots Two (2) and Four (4), in Block Eight (8), $ 605.00 in Scarff’s Addition to West Lawn, and Addition to the City of Grand Island, Hall County, Nebraska. TOTAL $2,807.20 - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request from The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street for a Class “I” Liquor License Tuesday, January 11, 2011 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: January 11, 2011 Subject: Public Hearing on Request from The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street for a Class “I” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with this application was a Liquor Manger Designation request from Sharena Anson, 4234 Arizona Avenue. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street for a Class “I” Liquor License contingent upon final inspections and Liquor Manager designation for Sharena Anson, 4234 Arizona Avenue contingent upon Ms. Anson completing a state approved alcohol server/seller training program. 12/31/10 Grand Island Police Department 450 11:04 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 16:07:15 12/21/2010 Occurred before : 16:07:15 12/21/2010 When reported : 16:07:15 12/21/2010 Date disposition declared : 12/21/2010 Incident number : L10122636 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 116 3rd St W State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 11327 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------------- NM 35658 12/24/10 Anson, Amos C Sharena's Spouse NM 111396 12/24/10 Anson, Sharena D Owner/Manager NM 162517 12/24/10 The Chocolate Bar, Business LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application for the Chocolate Bar and a Copy of a Liquor Manager Application from Sharena Anson for the Chocolate Bar. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 12/31/10 Grand Island Police Department 450 11:04 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 15:24:37 12/24/2010 318 Grand Island Police Department Supplemental Report Date, Time: Fri Dec 24 15:24:52 CST 2010 Reporting Officer: Vitera Unit- CID According to the application, The Chocolate Bar's "main nature of business" is "food service" with hours of operation between 0700 and 2300 hours. They are requesting a Class I Liquor License which is for beer, wine, and distilled spirits on sale only. Sharena Anson is listed as the president of the corporation. She is also requesting to be the liquor manager for the business. Sharena's husband is not listed as a member of the corporation, but he did not sign an Spousal Affidavit of Non-Participation. It appears that Sharena has lived in Nebraska for about 10 out of the last 20 years. Amos has lived in Nebraska for the last 20 years. Sharena didn't disclose any convictions. Amos disclosed some traffic related convictions. I checked them both through Spillman and NCJIS. They didn't have any undisclosed convictions, nor would any of Amos' convictions automatically disqualify Sharena from getting a liquor license. On 12/31/10, I spoke to Sharena and Amos in person at their home. Sharena advised that the business will serve breakfast and lunch but will not have a full dinner menu to start out with. They plan on being open until 9:00 PM on weekdays and midnight on weekends. They will try to occasionally have entertainment. Sharena and Amos stressed that the Chocolate Bar will not be a "club scene." It will be more like a piano bar. They envision more of an upscale establishment. They plan on having five full time employees (including them) and three part time employees. Amos plans on being the bartender during the evening and nighttime hours. I stressed cooperation with law enforcement and discussed some of the common problems that I've seen with liquor license holders. They asked a few questions. I left them my contact information and encouraged them to call if they have more questions or concerns. Amos said that he would call me in advance when they plan on opening if they get their liquor license. The Grand Island Police Department has no objection to the Chocolate Bar receiving a liquor license and to Sharena Anson being the liquor manager. !. C C DC C B C I C CCDCCD C C C C CB C CI Pin e St N 1st St W O a k St N 4th St E2nd St WWaln ut St N 3rd St W O ak St S Elm St N 4th St W S yca m ore St N5th St W Division St W 1st St E7th St EKoenig St W 2nd St E6th St W 6th St E3rd St EL ocu st St N Elm St S Locust St SVin e St N7th St W C e d ar St SWhe eler A ve N8th St W C ed ar St N Pine St SKimball Ave SE d d y St N Charles St W Koenig St E9th St W 8th St E5th St EW alnut St S E d dy St S Sycamore St SCle burn St S Ashton Ave E Clark St S Division St ECharles St E Cleb urn St N South Front St ELouise St W Clark St N10th St W Plu m St N St P a ul R d South Front St W North Front St W Vin e St S Kim ball A ve N Gre e n wich St S 9th St EWh e eler A v e S B eal St Court St E Schuff St Y u n d S tAshton Ave W Kim ball A v e N Pine St SCle b urn St N Vin e St N C e dar St N 5th St ELo cu st St N W h eeler A v e N Plu m St N µ New Liquor Application116 W 3rd St Legend Liquor License Locations 1500ft from Applicant Item E2 Public Hearing on Request from Riverside Golf Club dba Riverside Golf Club, 2820 Riverside Drive for an Addition/Reconstruction to Class “C-07703” Liquor License Tuesday, January 11, 2011 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: January 11, 2011 Subject: Public Hearing on Request from Riverside Golf Club dba Riverside Golf Club, 2820 Riverside Drive for an Addition/Reconstruction to Class “C-07703” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Riverside Golf Club dba Riverside Golf Club, 2820 Riverside Drive has submitted an application for an addition/reconstruction to their Class “C-07703” Liquor License. The request includes the entire one and a half story building comprising of approximately 190’ x 180’. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, and Health Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application for an addition/reconstruction to Riverside Golf Club, 2820 Riverside Drive Liquor License “C-07703” contingent upon final inspections. Item E3 Public Hearing on Request from Consolidated Concrete Co. for a Conditional Use Permit for Two Conex Containers to Store Concrete located at 3440 West Old Highway 30 Tuesday, January 11, 2011 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: January 11, 2011 Subject: Request from Consolidated Concrete Company for Renewal of a Conditional Use Permit to Allow for the Use of Two Shipping Containers as Temporary Buildings at 3440 W. Old Hwy #30 Item #’s: E-3 & H-1 Presenter(s): Craig Lewis , Building Department Director Background This request is for renewal of a conditional use permit to allow for the continued use of two shipping containers for temporary buildings at the above referenced site. Approval was received from the City Council on August 12, 2008 for an 18 month period and again on January 12, 2010 for a one year period expiring on December 31, 2010. Section 36-89 of the Grand Island Zoning Code provides for temporary buildings and uses not to exceed two years in undeveloped areas. Staff believes the intent of this section is to allow for temporary buildings and uses while permanent facilities are under construction or in this case while a determination is made as to a process or location. Discussion This request is for renewal for an additional one year to continue the use of two shipping containers to house admixtures and equipment (pumps and motors) to facilitate the mixing of concrete at the existing batch plant. The containers have been located on the site since June of 2007. Consolidated Concrete has been evaluating the location of these containers for permanent placement and requests an additional year to finalize a location as existing utility easements have been identified and need to be addressed. These containers are different from typical shipping containers used for storage as these have electrical wiring supplying the equipment located within. The application states the request is for one additional year, past discussions with Mr. Sallinger of Consolidated Concrete had revealed that permanent facilities could be planned for construction in 2010, but that appears to have been postponed and they are now looking into 2011 for a cost effective solution. As the containers have already been in place for 3-1/2 years and received consideration from the City Council twice in the past to accommodate a permanent resolution, staff would recommend a limited amount of time be given to bring these structures into compliance with a permanent solution not taking undue advantage of the City Code that allows for temporary buildings and uses. The site location is such that it would not appear this request will have any negative impact on the neighboring properties. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for the 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 for an additional 12 month period expiring on December 31, 2011, finding that 4-1/2 years is a reasonable amount of time to evaluate the viability of the systems housed within these temporary structures and design a permanent solution in conformance with Grand Island City Code regulations. Sample Motion Move to approve the request for a conditional use permit including the staff recommendations, finding that the application conforms with the purpose of the zoning regulations. Item E4 Public Hearing on Program Income Reuse Funds Application Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: January 11, 2011 Subject: Approving Program Income Reuse Funds Application Item #’s: E-4 & G-7 Presenter(s): Joni Kuzma, Community Development Administrator Background The City of Grand Island maintains a revolving loan (program income reuse) fund comprised of recaptured monies from Community Development Block Grant (CDBG) Economic Development loans. The Community Development Division manages the funds and submits semi-annual program income reports to the Nebraska Department of Economic Development regarding the fund status and projects proposed and/or completed. The City adopted a CDBG Reuse Plan in 1994 that serves as the guideline for qualifying projects. The Grand Island Area Economic Development Corporation submitted an application to the Reuse Committee on November 17, 2010 requesting $7,000.00 of Revolving Loan funds. The forgivable loan would update an April 2010 Environmental Review of Platte Valley Industrial Park East, with the exception of the southwest corner of the southeast corner of section 5-10-9. The Program Income Reuse Committee met on December 20, 2010 and voted to refer the loan request to the City Council and recommend that the Council approve use of $7,000.00 of Reuse funds for the proposed project. The request meets the Community Development Block Grant State and National objective of job creation. A qualifying business will be required to create 37 full-time equivalent positions, 51% of which must be held by or made available to low-to-moderate income persons. The loan will be forgivable when a business meets those job requirements. A public hearing is required to invite public comment regarding the recommendation for obligation of Reuse Funds. A legal notice was published January 1, 2011in the Grand Island Independent for a public hearing at the January 11, 2011 Council meeting. Discussion The project meets all of the requirements for use of Revolving Loan funds. A qualifying project must: 1. Be used for Economic Development. The Platte Valley Industrial Park is targeted for business and industrial development. 2. Meet a National Objective as identified by the Department of Economic Development. This project meets the National Objective of “job creation.” 3. Be located in a qualifying area. This project is within the city limits of Grand Island. 4. Meet a local objective: “job creation.” At this time the Council is requested to approve the use of Revolving Loan funds for an environmental review update at Platte Valley Industrial Park East. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the item. 2. Refer the issue to a Committee 3. Postpone the issue to future date Recommendation City Administration recommends that the Council approve the use of Revolving Loan funds for an Environmental Review update at Platte Valley Industrial Park East and authorize the Mayor to sign all related documents. Sample Motion Move to approve the use of Revolving Loan funds for an Environmental Review update at Platte Valley Industrial Park East and authorize the Mayor to sign all related documents. City of Grand Island Program Income Reuse Committee December 20, 2010 Meeting Minutes The City of Grand Island Program Income Reuse Committee met Monday, December 20, 2010, 9:00 a.m. in the Legal library at City Hall, 100 E. 1st St. Those present: John Hoggatt, Platte Valley State Bank Jason Eley, Assistant City Attorney Mary Lou Brown, Interim City Administrator/Finance Director Joni Kuzma, Community Development Administrator Marlan Ferguson, Economic Development Corporation Denise McGovern-Gallagher, Economic Development Corporation The City received an application from the Grand Island Area Economic Development Corporation for up to $7,000 in Reuse Funds to update an existing Environmental Review of Platte Valley Industrial Park East (PVIP East). The project is tied to a Community Development Block Grant that has been submitted to the Nebraska Department of Economic Development for water and sewer infrastructure improvements at PVIP East. The request meets the Community Development Block Grant State and National objective of job creation. A qualifying business will be required to create 37 full-time equivalent positions, 51% of which must be held by or made available to low-to-moderate income persons. The loan will be forgivable when a business meets those job requirements. J. Hoggatt moved to recommend approval of the application for $7,000 for the project to the Grand Island City Council. M. Brown seconded the motion. Discussion of project time frame and potential took place. Motion carried with M. Brown, J. Kuzma, J. Hoggatt, and J. Eley voting yes. M. Ferguson and D. McGovern-Gallagher abstained. A public hearing will occur at the January 11, 2011 Council Meeting and the item recommended for approval. Meeting adjourned 9:35 a.m. Minutes recorded by Joni Kuzma, Community Development Administrator 11:30 a.m. A motion was made by J. Hoggatt via email to award an additional $1,000 for a total of $8,000 to allow for expenses related to a required Wetlands Determination. Item F1 #9285 - Consideration of Assessments for Sidewalk Repairs at 503 E Yund Street & 2025 N Lafayette Avenue This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9285 An ordinance assessing and levying a special tax to pay the cost of construction of Sidewalk Repairs at 503 E Yund Street & 2025 N Lafayette Avenue of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provisions of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said sidewalk repairs at 503 E Yund Street & 2025 N Lafayette Avenue, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: ORDINANCE NO. 9285 (Cont.) - 2 - Name Description Assessment Sidewalk District No. 1, 2007 Helen A. Yocum Fractional Lot Four (4), Fractional Block 151, $2,202.20 Union Pacific Railway Co’s Second Addition to the City of Grand Island, Hall County, Nebraska William L & Bonnie Lou Morrow Lots Two (2) and Four (4), in Block Eight (8), $ 605.00 in Scarff’s Addition to West Lawn, and Addition to the City of Grand Island, Hall County, Nebraska TOTAL $2,807.20 SECTION 2. The special tax shall become delinquent as follows: One-seventh of the total amount shall become delinquent in ten days; one-seventh in one year; one-seventh in two years; one-seventh in three years; one-seventh in four years; one-seventh in five years; one- seventh in six years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within ten days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of not exceeding seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of three-fourths of one percent per month shall be paid thereon as in the case of other special taxes, until the same is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. ORDINANCE NO. 9285 (Cont.) - 3 - SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 11, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of December 21, 2010 City Council Regular Meeting Tuesday, January 11, 2011 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 December 21, 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 December 21, 2010. Notice of the meeting was given in The Grand Island Independent on December 15, 2010. Mayor Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Haase, Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard and Gericke. The following City Officials were present: Interim City Administrator/Finance Director Mary Lou Brown, City Clerk RaNae Edwards, Assistant City Attorney Jason Eley, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Vavricek in memory of former Councilmember Jackie Pielstick followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Steven Bartz and Stephanie Chandler. Mayor Vavricek commented on increased impalenments at the Regional Airport, redevelopment at Skagway, United Way fund raising of $1.2 million, and an open search done in house for the position of a new City Administrator. Finance Director Mary Lou Brown gave the Financial Report for November and stated compared to last year we were doing better. Explained were changes in the expense charges for department funds from yearly expenses to monthly. There was a drop in the interest income. Strong numbers were received for October and November in sales tax, gas tax and food & beverage receipts. Expense side was on track with the budget. PRESENTATIONS AND PROCLAMATIONS: Presentation to Grand Island Senior High School Volleyball Team for Qualifying at State Volleyball Tournament. Mayor Vavricek and the City Council recognized the Grand Island Senior High School Volleyball Team and Coach Bill Root for qualifying for the Class A State Volleyball Competition on November 11, 2010. Coach Bill Root and three members of the volleyball team were present for the recognition. Presentation to Grand Island Northwest High School Volleyball Team for Runner-Up at State Volleyball Tournament. Mayor Vavricek and the City Council recognized the Grand Island Northwest High School Volleyball Team and Coach Diane Rouzee for runner-up for the Class B State Volleyball Competition on November 13, 2010. Coach Diane Rouzee, Assistant Coach Ann Purdy and nine members of the volleyball team were present for the recognition. Presentation to Grand Island Central Catholic High School Volleyball Team for State Championship at State Volleyball Tournament. Mayor Vavricek and the City Council recognized the Grand Island Central Catholic High School Volleyball Team and Coach Sharon Zavala for the Class C-1 State Championship at the State Volleyball Competition on November 13, 2010. Coach Sharon Zavala was present for the recognition. Page 2, City Council Regular Meeting, December 21, 2010 Recognition of the Grand Island Police Department for Operation Pier Pressure. Mayor Vavricek and the City Council recognized the Grand Island Police Department for their outstanding work on criminal gang suppression and efforts relating to Operation Pier Pressure. Present for the recognition was Police Chief Steve Lamken. PUBLIC HEARINGS: Mayor Vavricek recused himself from the Council meeting due to a conflict of interest regarding item E-1. Public Hearing on Request from Gordon Glade and Island Landhandlers, Inc. for a Conditional Use Permit for a Sand and Gravel Operation Located at 3812 South Blaine Street. Craig Lewis, Building Department Director reported that Gordon Glade, owner and Island Landhandlers, Inc. had submitted an application for a conditional use permit for a Sand and Gravel Operation located at 3812 South Blaine Street. Staff recommended approval with the following conditions: 1). USE: The proposed uses are limited to those listed in the application, sand and gravel pumping processing, storage, stock piling, distribution, and sales, both wholesale and retail. Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants. Neither of these operations has been requested in this application. 2). CLOSURE: A statement on the application identifies the proposed use of the property after the closing of the sand and gravel operation as a single family dwelling. 3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10 years with the possibility of renewal for an additional time at the end of the 10 year period. (b).Pumping of product shall not be allowed within 150 feet of any public road right of way and protected by a 6 foot earthen berm during pumping. The finished width of developable property adjacent to the public right of way shall be a minimum 300 feet at the time of termination of the operation. A setback of 100 feet from any adjacent property line, and a setback of 250 feet from the Central Platte Natural Resources District Wood River Diversion Channel Levee property shall be maintained between the pumping operations. (c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours (15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No pumping or other processing activities shall be permitted on Sundays or from fifteen minutes after sunset to fifteen minutes before sunrise. One exception to this condition shall be in the months of March, April, October, and November; activities may operate from 6:00a.m. to 7:00p.m.to allow for winter condition. (d). Any internal combustion pump motors utilized shall be equipped with a functioning “hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels. (e). Materials and equipment shall not be stored on the property within any easements or the regulated floodway as determined by the Federal Emergency Management Agency or its successor and the entity with jurisdiction and authority to enforce floodplain regulations. There is currently along the east edge of the property a 45’ electrical easement and an existing transmission line, no product, material or equipment shall be stored within that easement or in such a manor that it would violate any safety provisions of the National Electric Safety Code, nor shall the existing grade elevations be altered. Page 3, City Council Regular Meeting, December 21, 2010 (f). All dead trees, rubbish, and debris, if any, must be cleared from the real estate as soon as practical and such real estate must, at all times, be kept in a clean and neat condition. (g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature whatsoever shall be dumped, placed or located upon such real estate. (h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable hazard or nuisance to adjacent land owners or to the general public. (i). Applicant shall maintain any and all drainage ditches that may be located upon the real property. (j). Applicant shall not permit the hauling of sand and gravel from the premises and over and across any public highway or road unless said sand and gravel is completely dry and free from water or is hauled in trucks which are designed and equipped so as to prevent water from leaking onto the traveled portion of the roadbed. (k). All water accumulated upon the premises by virtue of such mining and pumping operations shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only surface waters that have historically flowed from the premises shall be permitted to leave the same through historical natural drainage ways. (l). Applicant shall begin the mining operation within a period of 18 months from the issuance of this permit or if the applicant fails to begin operations within the 18 months the permit shall be considered null and void and subject to reapplication and rehearing. Additionally, if at anytime during the life of the permit issued, the operation shall cease for a period of a continuous 18 months, the permit shall become void and a renewal shall be obtained before becoming once again operational. The following people spoke in opposition: · Bill Hanssen, 6301 Oakridge Drive, Lincoln, Nebraska spoke on behalf of his father, Norman Hanssen, 2548 W. Schimmer Drive · Casey Iverson, 3604 S. Blaine Street · Kevin Placzek, 4024 W. Faidley Avenue · John Hanssen, 3715 S. Blaine Street · Vi Sheeks, 3623 S. Blaine Street · Scott Leisinger, 2119 Bass Road · Leslie Meyer, 3648 S. Blaine Street · Susan Springer, 3624 Schroeder Avenue The following people spoke in support: · Richard Fruehling, 3604 S. Blaine Street · Jackie Beltzer read a letter by Sadie Bohnenkamp, 1615 Bass Road · Gordon Glade, 122 S. Gunbarrel Road · Gerald Williams, 1505 S. Newcastle Road representing Island Landhandlers, Inc. · Brian McMahon, 3481 Schimmer Drive Matt Rief, 201 East 2nd Street representing Olsson Associates spoke in a neutral position. No further public testimony was heard. Mayor Vavricek returned to the Council meeting. Page 4, City Council Regular Meeting, December 21, 2010 Public Hearing on Acquisition of Utility Easement Located at 1140 Allen Drive (Custard Cats, LLC). Gary Mader, Utilities Director reported that acquisition of a utility easement located at 1140 Allen Drive was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of placing a three phase pad-mounted transformer along with associated conduit and cable to provide electrical service to the new restaurant. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 2820 Riverside Drive (Country Club Holding Association). This item was pulled from the agenda at the request of the Utilities Department. Public Hearing on Acquisition of Landscape Easement s Located in Business Improvement District No. 6 (Second Street). Steve Riehle, Public Works Director reported that acquisition of 31 landscape easements located in Business Improvement District No. 6 along 2nd Street from Garfield Street to Clark Street was needed for the following: North · Five Points Bank - 1704 W 2nd Street · J.J.A. Holding LLC - 1016 W 2nd Street · Overland National Bank - 920 W 2nd Street · Millennium Mangement Group - 1020 W 2nd Street · Real Estate Group of Grand Island Inc. - 1824 W 2nd Street · Grand Island Properties - 1600 W 2nd Street · RSI Inc. - 2114 W 2nd Street · Victoria Land Partners LP - 2010 W 2nd Street · Merleen Johnson & Robert A Johnson - 1808 W 2nd Street · Bonna Barton Wanek - 802 W 2nd Street · Mary Story - 816 W 2nd Street · Cleo E. Albright - 1424 W 2nd Street South · Walgreen Co. - 1521 W 2nd Street · Raile Properties - 823 W 2nd Street · Autozone Development Corp. - 1717 W 2nd Street · Daffodil LLC - 113 N Clay Street · Robert V & Bonnie Clark - 2017 W 2nd Street · J & B Rentals LLC - 1919 W 2nd Street · GIPH Restaurants LLC - 1015 W 2nd Street · Kelly Samson Trustee / Brandy K. Wright - 1915 W 2nd Street · Apfel Funeral Home Inc. - 1123 W 2nd Street · Tina M. Royle - 1909 W 2nd Street · Video Kingdom of Grand Island Inc. - 1723 W 2nd Street · High Road LLC - 805 W 2nd Street · Grand Island Woman's Club Inc. - 1109 W 2nd Street · First Federal Savings & Loan Assoc. of Lincoln - 1811 W 2nd Street · Meme Saycocie - 1903 W 2nd Street Page 5, City Council Regular Meeting, December 21, 2010 · C & A Proeprties LLC - 915 W 2nd Street · Rafael & Rita C. Orozco - 815 W 2nd Street · McDonald's Corporation - 1317 W 2nd Street Staff recommended approval. No public testimony was heard. RESOLUTIONS: #2010-371 – Consideratio n of Approving Appointment of Interim Public Works Director Gary Mader. Mayor Vavricek reported he was submitting the appointment of Gary Mader as Interim Public Works Director starting January 10, 2011 and until a new Public Works Director was hired. Ment ioned was since there was not a step in the Public Works Director pay scale to place Mr. Mader in a stipend of $900 per month was recommended. Motion by Nickerson, second by Haase to approve Resolution #2010-371. Upon roll call vote, all voted aye. Motion adopted. #2010-372 – Consideration of Approving Appointment of Interim City Engineer Terry Brown. Mayor Vavricek reported he was submitting the appointment of Terry Brown as Interim City Engineer starting January 10, 2011. Motion by Nickerson, second by Haase to approve Resolution #2010-372. Upon roll call vote, all voted aye. Motion adopted. #2010-373 – Consideration of Approving Appointment of Interim City Attorney Jason Eley. Mayor Vavricek reported he was submitting the appointment Jason Eley as Interim City Attorney starting January 17, 2011. Motion by Nickerson, second by Haase to approve Resolution #2010-374. Upon roll call vote, all voted aye. Motion adopted. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9282 – Consideration of Amending Ordinance No. 9280 for Sidewalk District No. 1, 2007 #9283 – Consideration of Amending Ordinance No. 9281 Creating Sanitary Sewer Connection District No. 527T for Platte Valley Industrial Park East #9284 – Consideration of Amending Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second 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. Page 6, City Council Regular Meeting, December 21, 2010 Public Works Director Steve Riehle reported Ordinance #9282 would correct the legal description of 520 N Darr Avenue and Ordinance #9283 would correct the pipe size for the sanitary sewer main to 18”. Human Resources Director Brenda Sutherland reported Ordinance #9284 would compensate the Interim Public Works Director. Motion by Ramsey, second by Dugan to approve Ordinances #9282, #9283 and #9284. City Clerk: Ordinances #9282, #9283 and #9284 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9282, #9283 and #9284 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9282, #9283 and #9284 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Item G-4 (Resolution #2010-357) was pulled from the agenda. Consent Agenda item G-16 was removed for further discussion. Motion by Dugan, second by Nickerson to approve the Consent Agenda excluding items G-4 and G-16. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 7, 2010 City Council Regular Meeting. Approving Request from Susan McAfee, 1863 7th Avenue, Dannebrog for Liquor Manager Designation for Pump & Pantry #10, 3200 South Locust Street. #2010-356 – Approving Acquisition of Utility Easement Located at 1140 Allen Drive (Custard Cats, LLC) #2010-357 – Approving Acquisition of Utility Easement Located at 2820 Riverside Drive (Country Club Holding Association). This item was pulled from the agenda at the request of the Utilities Department. #2010- 358 – Accepting Certificate of Final Completion for Water main Project 2009-W-8 – with Diamond Engineering Company of Grand Island, Nebraska. #2010-359 – Approving Change Order Number 1 for Addition to Transfer Station Storage Building with Rathman & Manning Corporation of Chapman, Nebraska for an Increase of $200.00 and a Revised Contract Amount of $80,950.00 and Extend the Completion Date from November 19, 2010 to December 29, 2010. #2010- 360 – Approving Designation of Sole Source Provider for Flyght Equipment and Repairs at the Wastewater Treatment Plant with Electric Pump, Inc. of Des Moines, Iowa. Page 7, City Council Regular Meeting, December 21, 2010 #2010-361 – Approving Acquisition of the Following Landscape Easements Located in Business Improvement District No. 6 (Second Street): North · Five Points Bank - 1704 W 2nd Street · J.J.A. Holding LLC - 1016 W 2nd Street · Overland National Bank - 920 W 2nd Street · Millennium Mangement Group - 1020 W 2nd Street · Real Estate Group of Grand Island Inc. - 1824 W 2nd Street · Grand Island Properties - 1600 W 2nd Street · RSI Inc. - 2114 W 2nd Street · Victoria Land Partners LP - 2010 W 2nd Street · Merleen Johnson & Robert A Johnson - 1808 W 2nd Street · Bonna Barton Wanek - 802 W 2nd Street · Mary Story - 816 W 2nd Street · Cleo E. Albright - 1424 W 2nd Street South · Walgreen Co. - 1521 W 2nd Street · Raile Properties - 823 W 2nd Street · Autozone Development Corp. - 1717 W 2nd Street · Daffodil LLC - 113 N Clay Street · Robert V & Bonnie Clark - 2017 W 2nd Street · J & B Rentals LLC - 1919 W 2nd Street · GIPH Restaurants LLC - 1015 W 2nd Street · Kelly Samson Trustee / Brandy K. Wright - 1915 W 2nd Street · Apfel Funeral Home Inc. - 1123 W 2nd Street · Tina M. Royle - 1909 W 2nd Street · Video Kingdom of Grand Island Inc. - 1723 W 2nd Street · High Road LLC - 805 W 2nd Street · Grand Island Woman's Club Inc. - 1109 W 2nd Street · First Federal Savings & Loan Assoc. of Lincoln - 1811 W 2nd Street · Meme Saycocie - 1903 W 2nd Street · C & A Proeprties LLC - 915 W 2nd Street · Rafael & Rita C. Orozco - 815 W 2nd Street · McDonald's Corporation - 1317 W 2nd Street #2010-362 – Approving the Adoption of a Resolution Designating Scott Griepenstroh as Responsible Charge Individual for Federal Aid Transportation Projects #2010-363 – Approving Change Order Number 2 for Asphalt Maintenance Project 2010-AC-1 with Gary Smith Construction Co., Inc. of Grand Island, Nebraska for an Increase of $96,313.43 and a Revised Contract Amount of $940,184.00. Page 8, City Council Regular Meeting, December 21, 2010 #2010-364 – Approving Certificate of Final Completion for the 2010 Asphalt Resurfacing Project No. 2010-AC-1 with Gary Smith Construction Co., Inc. of Grand Island, Nebraska. #2010-365 – Approving Contract for EMS Medical Services Director with Dr. Michael McGahan of Grand Island, Nebraska. #2010-366 – Approving Certificate of Final Completion for Utility Improvements at the Veterans Athletic Field Complex with Diamond Engineering Company of Grand Island, Nebraska. #2010-367 – Approving Supplemental Agreement #2 for Construction Engineering Services on the Capital Avenue Widening Project with Olsson Associates of Grand Island, Nebraska in an Amount not to exceed $77,234.00. #2010-368 – Approving Pioneer Consortium Joint Entity Agreement for Library Services with the City of Grand Island, City of Holdrege, City of Lincoln, and City of St. Paul through January 1, 2016. #2010-369 – Approving State Bid Contract No. 12879 OC for Two (2) Ford Expeditions for the Police Department with Anderson Ford of Lincoln, Nebraska in an Amount of $59,330.00. Police Chief Steve Lamken answered questions concerning the budget and purchase of five police marked vehicles. Motion by Gilbert, second by Nickerson to approve Resolution #2010-369. Upon roll call vote, Councilmember’s Haase, Carney, Niemann, Ramsey, Gilbert, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember Nickerson did not vote. Motion adopted. REQUEST S AND REFERRALS: Mayor Vavricek recused himself from the Council meeting due to a conflict of interest regarding item H-1. Consideration of Request from Gordon Glade and Island Landhandlers, Inc. for a Conditional Use Permit for a Sand and Gravel Operation Located at 3812 South Blaine Street. This item related to the aforementioned Public Hearing. Discussion was held regarding setbacks, pumping depth, zoning requirements, and other operations that could be placed on this property without a conditional use permit. Truck traffic on Schimmer was discussed. Public Works Director Steve Riehle reported Schimmer Drive would not be shut down for sanitary sewer construction, but the water main cons truction would possibly shut Schimmer Drive down for one week. Discussion was held regarding the 10 year length of the permit. Mr. Gordon stated the lake would be 20 acres when finished and they planned to build a single family house on the property. This property would not be subdivided. Building Department Director Craig Lewis answered questions concerning drainage. Page 9, City Council Regular Meeting, December 21, 2010 Motion by Dugan, second by Gard to approve the request from Gordon Glade and Island Landhandlers, Inc. for a Conditional Use Permit for a Sand and Gravel Operation Located at 3812 South Blaine Street with the following conditions: 1). USE: The proposed uses are limited to those listed in the application, sand and gravel pumping processing, storage, stock piling, distribution, and sales, both wholesale and retail. Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants. Neither of these operations has been requested in this application. 2). CLOSURE: A statement on the application identifies the proposed use of the property after the closing of the sand and gravel operation as a single family dwelling. 3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10 years with the possibility of renewal for an additional time at the end of the 10 year period. (b).Pumping of product shall not be allowed within 150 feet of any public road right of way and protected by a 6 foot earthen berm during pumping. The finished width of developable property adjacent to the public right of way shall be a minimum 300 feet at the time of termination of the operation. A setback of 100 feet from any adjacent property line, and a setback of 250 feet from the Central Platte Natural Resources District Wood River Diversion Channel Levee property shall be maintained between the pumping operations. (c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours (15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No pumping or other processing activities shall be permitted on Sundays or from fifteen minutes after sunset to fifteen minutes before sunrise. One exception to this condition shall be in the months of March, April, October, and November; activities may operate from 6:00a.m. to 7:00p.m.to allow for winter condition. (d). Any internal combustion pump motors utilized shall be equipped with a functioning “hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels. (e). Materials and equipment shall not be stored on the property within any easements or the regulated floodway as determined by the Federal Emergency Management Agency or its successor and the entity with jurisdiction and authority to enforce floodplain regulations. There is currently along the east edge of the property a 45’ electrical easement and an existing transmission line, no product, material or equipment shall be stored within that easement or in such a manner that it would violate any safety provisions of the National Electric Safety Code, nor shall the existing grade elevations be altered. (f). All dead trees, rubbish, and debris, if any, must be cleared from the real estate as soon as practical and such real estate must, at all times, be kept in a clean and neat condition. (g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature whatsoever shall be dumped, placed or located upon such real estate. (h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable hazard or nuisance to adjacent land owners or to the general public. (i). Applicant shall maintain any and all drainage ditches that may be located upon the real property. (j). Applicant shall not permit the hauling of sand and gravel from the premises and over and across any public highway or road unless said sand and gravel is completely dry and free from water or is hauled in trucks which are designed and equipped so as to prevent water from leaking onto the traveled portion of the roadbed. Page 10, City Council Regular Meeting, December 21, 2010 (k). All water accumulated upon the premises by virtue of such mining and pumping operations shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only surface waters that have historically flowed from the premises shall be permitted to leave the same through historical natural drainage ways. (l). Applicant shall begin the mining operation within a period of 18 months from the issuance of this permit or if the applicant fails to begin operations within the 18 months the permit shall be considered null and void and subject to reapplication and rehearing. Additionally, if at anytime during the life of the permit issued, the operation shall cease for a period of a continuous 18 months, the permit shall become void and a renewal shall be obtained before becoming once again operational. Finding of facts were: 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. Upon roll call vote, Councilmember’s Haase, Carney, Gilbert, Donaldson, Dugan, and Gard voted aye. Councilmember’s Niemann, Ramsey, Nickerson, and Gericke voted no. Motion adopted. Consideration of Request from Riverside Golf Club for a Temporary Liquor License Located at 644 South Locust Street. City Clerk RaNae Edwards reported that Riverside Golf Club located at 2820 Riverside Drive was in the process of expanding and remodeling their facility. They requested permission to use their current liquor license at a temporary location at 644 South Locust Street for approximately 4 to 6 months. Motion by Carney, second by Haase to approve the request from Riverside Golf Club for a Temporary liquor License located at 644 South Locust Street for 4 to 6 months. Upon roll call vote, all voted aye. Councilmember Gard abstained from voting due to a conflict of interest. Motion adopted. RESOLUTIONS: #2010-370 – Consideration of Approving Funding of Economic Development Request for Rogue Manufacturing, Inc. Interim City Administrator Mary Lou Brown reported that Grand Island Area Economic Development Corporation had submitted an application for LB840 funding in the amount of $50,000.00 to be used for job incentive and infrastructure by Rogue Manufacturing, Inc. for expanding it business in Grand Island. Mark Stelk, 3117 Brentwood Drive, Chairman of the Citizens’ Review Committee and Mike Olson, 3741 Sky Park Drive, Executive Director of the Central Nebraska Regional Airport spoke in support. Motion by Haase, second by Gericke to approve Resolution #2010-370. Upon roll call vote, all voted aye. Motion adopted. Page 11, City Council Regular Meeting, December 21, 2010 PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of December 8, 2010 through December 21, 2010, for a total amount of $3,985,046.55. Unanimously approved. Finance Director Mary Lou Brown answered a question concerning the worker’s comp. bond. Motion by Dugan, second by Nickerson to approve the Claims for the Period of December 8, 2010 through December 21, 2010 for the Veterans Athletic Field Complex for a total amount of $111,808.98. Unanimously approved. Each councilmember gave a brief Christmas greeting. ADJOURNMENT: The meeting was adjourned at 9:10 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of December 28, 2010 City Council Special Meeting Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING December 28, 2010 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on December 28, 2010. Notice of the meeting was given in the Grand Island Independent on December 22, 2010. Mayor Vavricek called the meeting to order at 5:30 p.m. The following Councilmember’s were present: Haase, Niemann, Gilbert, Donaldson, Gard, and Gericke. Councilmember’s Nickerson, Ramsey, Carney, and Dugan were absent. The following City Officials were present: Interim City Administrator/Finance Director Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Council President Peg Gilbert followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek commented on a reception to be held on Tuesday, January 4, 2011 from 2:00 p.m. to 4:00 p.m. in honor of City Attorney Dale Shotkoski and City Engineer/Public Works Director Steve Riehle. RESOLUTIONS: #2010-374 – Approving Letter of Support for Essential Air Service (EAS) to the Department of Transportation (DOT). Mike Olson, Executive Director for the Central Nebraska Regional Airport reported that the Hall County Airport Authority was recommending American Eagle Airlines to the Department of Transportation (DOT) for air service for the Central Nebraska Regional Airport under the Essential Air Service (EAS) program. American Eagle Airlines would provide thirteen (13) weekly round trip nonstop flights to DFW (Dallas/Fort Worth) Texas. A PowerPoint presentation was given. Mr. Olson stated a request for a letter of support from the Mayor and City Council to the U.S. Department of Transportation was needed in order to seek Essential Air Service (EAS) funding. EAS was a program providing subsidy to rural areas for commercial airlines flights who would otherwise no t be able to support air service. Mr. Olson stated 5 bids were received from 4 airlines. The Hall County Airport Authority voted unanimously on December 20, 2010 in favor of American Eagle Airlines to Dallas/Fort Worth. The following reasons were given for that decision: · Competitive bid · 750 departures to 160 destinations (Including non-stops to Asia, Europe, South America and Mexico) · Connections to 19 of our top 20 destinations · Regional Jet Service Page 2, City Council Special Meeting, December 28, 2010 · An option that Kearney & Lincoln do not have · American Eagle’s success at Manhattan, KS and Roswell, NM has re-energized air service and now subsidy-free · Weather related issues · DFW is a good Omni-directional hub to East, West and Internationally · If DFW performs as expected, potential for Chicago O’Hare service in future · Passengers Enplane/Deplane on jet bridge · DFW Skylink service makes connections to other terminals easy · One World alliance – seamless connections to partner airlines across the world Discussion was held regarding the approval process. Mr. Olson stated DOT would probably make a decision the second week in January and it would take approximately 3 to 4 months to implement. Motion by Haase, second by Gilbert to approve Resolution #2010-374. Upon roll call vote, Councilmember’s Haase, Niemann, Gilbert, Donaldson, and Gericke voted aye. Councilmember Gard abstained due to a conflict of interest. Mayor Vavricek voted aye to make the deciding vote. Motion adopted. #2010-375 – Approving Bid Award for Heavy Duty Rescue Pumper. This item was pulled from the agenda. PAYMENT OF CLAIMS: Motion by Gilbert, second by Gard to approve the Claims for the period of December 22, 2010 through December 28, 2010, for a total amount of $399,402.70. Unanimously approved. Motion by Gilbert, second by Niemann to approve the Claims for the Period of December 22, 2010 through December 28, 2010 for the Veterans Athletic Field Complex for a total amount of $43,985.39. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 6:10 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of January 4, 2011 City Council Study Session Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION January 4, 2011 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on January 4, 2011. Notice of the meeting was given in the Grand Island Independent on December 29, 2010. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. The following City Officials were present: Interim City Administrator/Finance Director Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Assistant City Attorney Jason Eley and Public Works Director Steve Riehle. INVOCATION was given by Councilmember Nickerson followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Ashley Bykerk, Reyna Raymundo, and Kaitlin Hehnke. Mentioned was to remember those serving in the National Guard to be deployed to Kosovo. Mayor pointed out the important services supplied by the City of Grand Island especially when there was no electricity this evening at 5:15 p.m. along Webb Road. Recognition of Steve Riehle, City Engineer/Public Works Director for Service with the City of Grand Island. Mayor Vavricek and the City Council recognized Steve Riehle for his years of dedicated service to the City of Grand Island. Mr. Riehle started with the City on May 10, 1999 and his last day with the City would be January 7, 2011. A plaque was presented to Mr. Riehle thanking him for his service. Discussion Concerning Financial Guarantee Bond Related to Worker’s Compensation Insurance. Finance Director Mary Lou Brown reported that a payment in the amount of $16,500.00 to Ryder Rosacker McCue and Huston for a financial guarantee bond annual premium was included in the past Schedule of Bills which was related to the City’s worker’s comp coverage. Ms. Brown stated the insurance company required that security or collateral be provided for payments that extend for long periods of time which provided the company assurance they would be reimbursed. This would be similar to a letter of credit provided by private industry. An alternative would be to use an escrow account where the City would put aside funds for this purpose. The $730,000 limit was based on the total dollars of outstanding claims. The fund had a current balance of $5.3 million which included Worker’s Comp, Health/Dental, and General Liability Insurance. Page 2, City Council Study Session, January 4, 2011 Mark McCue from Ryder Rosacker McCue and Huston was present to answer questions from Council. Mr. McCue explained the City’s Work Comp Insurance was through EMC with a large deductible of the first $100,000 of every work comp claim to be paid by the City which lowered the premium. By having a large deductible it had saved the City over $3 million. Mr. McCue stated governmental entities could not use a letter of credit but were required to use a surety bond. Councilmember Haase questioned the $16,500 claim for administrative cost for a financial guarantee bond annual premium, which was not used towards actual claims. Mentioned was that the City was self insured and he would like to see if an escrow agreement could be worked out. Mr. McCue stated he didn’t know if it was legal but would investigate it. The bond, escrow account, etc. was a necessity in order to have this plan in place. Discussio n was held regarding a higher deductible. Mr. McCue stated the City had not exceeded the $100,000 deductible very many times over the last few years. Human Resources Director Brenda Sutherland stated there was only one employee this last year that might reach the $100,000 deductible. Back claims were the most expensive. Impairment ratings were explained as well as the City’s health wellness program. Mr. McCue stated the current modifier for the City was .94 which was better than most cities. Ms. Brown stated she would work with Mr. McCue to analyze an escrow account. Discussion Concerning Potential Bond Refinancing. Finance Director Mary Lou Brown reported that Ameritas Investment Corp was the City’s bond underwriter approved by Council on September 28, 2010. A review of the City’s outstanding bond issues was recommended. Bruce Lefler representing Ameritas was present to make recommendations for refinancing current bonds. On December 7, 2010 the City Council approved redemption of the Solid Waste Bonds Series 2004. Mr. Lefler reviewed the outstanding bond issues the City currently had. The following bonds were recommended to refinance first: · Public Safety Bond Series 2006 · GI Facilities Corp. Library Bond Series 2005 · Refunding Various Purpose Bond Series 2004 Mr. Lefler stated these bonds would have to be brought to council individually with 15 days between bonds. Ameritas was looking at the Heartland Events Center which was more complicated. Discussion was held concerning paying these off earlier. Bonds were sold in $5,000 incremental amounts made available to the public through local bonding agents or Ameritas. Refinancing expenses were mentioned. Mayor Vavricek stated a revenue stream for the Library and Public Safety was in place with the 1/2¢ sales tax. Discussion Concerning Sanitary Sewer Extension along Highway 281 to 8-80. Public Works Director Steve Riehle reported that the City had been approached by businesses along US Highway 281 near the Interstate 80 interchange about the possibility of extending city sanitary sewer to serve their property. Page 3, City Council Study Session, January 4, 2011 Mr. Riehle gave a PowerPoint presentation. Reviewed were maps of the existing Sanitary Sewer Collection System. The following areas remained to be completed with sanitary sewer within the City Limits: · Webb Road north of BNSF tracks · West Park Plaza trailer court · Platte Valley Industrial Park East The following areas were studied outside the City Limits to extend sanitary sewer: · CAAP · East Lakes · South Locust and US Hwy 281 Sanitary Sewer needs along South US Hwy 281 were: · Bosselman Travel Center · Quality Inn & Day’s Inn (Including Arby’s and Sinclair Gas Station) · USA Inn (Includes Sapp Brothers Convenience Center) Estimate of Costs: · $2,196,739 Total Estimated Project Cost · Initial split between Public & Private appears close to 60/40 · Final split dependent on benefit calculations and negotiations Financing: · $250,000 FY11 Budget for Sewer Districts · $250,000 Proposed FY 12 Budget for Sewer Districts · $800,000 Bond Financing · $1,300,000 Estimated 60% city project share Marlan Ferguson, 2808 Apache Road on behalf of Economic Development Corporation (EDC) spoke in support. Robert Meyer, 648 E. Memorial Drive spoke in opposition. Kevin Prior, 1320 Windsor Road representing Olsson Associates explained the reasons for planning the sanitary sewer line along the west side of Hwy. 281 was to minimize crossing Hwy. 281 and potential development was most likely to occur. Mr. Prior answered questions regarding a timeline to implement this plan. He stated it would take approximately 18 months. Questions made by Council were: how would this be paid for; where was the revenue source coming from; shouldn’t we finish sanitary sewer lines within the City first and maintain current lines; this area was not in the City limits and don’t pay City taxes; how big do we want the City to be; and in which direction do we want to grow. Lift stations were discussed which were not a part of the total cost of this project. Environmental issues, annexation, and additional rate payers were mentioned. Tap district financed by the private sector was brought forward. Regional Planning Director Chad Nabity answered questions Page 4, City Council Study Session, January 4, 2011 regarding development along Hwy 281. He stated if sewer line was in place it would lend itself to development. Mr. Riehle explained the letter of intent could be brought before Council at the January 11, 2011 City Council meeting. City Attorney Dale Shotkoski explained the Department of Environmental Quality (DEQ) was on a timeline regarding the businesses at the I-80 interchange to improve their sewer issues. The letter of intent would start the negotiation process. Utilities Director Gary Mader explained the process to provide municipal infrastructure to the entire City. Trunk lines for water and sewer were available in all areas of the City so if anyone wanted to tap into it they could. Citizens would petition the City to add a district at which time the residents could protest the district if they did not want it. Mr. Mader answered questions concerning water and electricity south to Interstate 80 along Hwy 281 which currently was not serviced by the City. Marlan Ferguson, EDC President answered questions concerning the Platte Valley Industrial Park East regarding sewer and water infrastructure to that area and how it would be funded. A study showed most development would more likely be along Hwy 281 instead of South Locust Street south of the Wood River Diversion Channel. LB 840 funds were discussed which would not qualify for this project. Mr. Nabity explained the issues and problems of annexation to this area. School districts and utility districts were mentioned as potential problems. Greg Epp representing Sapp Petroleum spoke in support. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. RaNae Edwards City Clerk Item G4 Approving Appointments to the Electrical Board The following individuals have expressed their willingness to serve on the City of Grand Island Electrical Board for the year 2011. Denise Kozel, Master Electrician; Mike Rivera, Journeyman Electrician; Brady Blauhorn, Utility Department Representative; Terry Klanecky, General Public Representative; and Craig Lewis and Dean Mathis, Building Department as Ex-Officio members. The above recommendations are made in compliance with the Grand Island City Code. These appointments would become effective immediately upon approval by the City Council and would expire on December 31, 2011. Approval is recommended. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G5 Approving Appointments to the Mechanical Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Mechanical Board for the year 2011. Mike McElroy, Master Mechanical; Loren Peterson, Gas Company Representative; Scott Hilligas, Contracting Mechanical; Mike Myers, Master Mechanical; Todd Bredthauer, Journeyman Mechanical; Tom O'Neill, Community Member; and Russ Shaw, Plumbing Inspector for the Building Department. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. These appointments would become effective immediately upon approval by the City Council and would expire on December 31, 2011. Approval is recommended. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G6 Approving Appointments to the Plumbers Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Plumbing Board for a two year term 2011/2012. Rick Eberl and Eric Rose, Master Plumbers; Jeremy Collinson, Health Department Representative, and Craig Lewis and David Scoggins, Building Department Ex-Officio's. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. These appointments would become effective immediately upon approval by the City Council and would expire on December 31, 2012. Approval is recommended. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G7 #2011-1 - Approving Program Income Reuse Funds Application This item relates to the aforementioned Public Hearing Item E-4. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney RE S O L U T I O N 2011-1 WHEREAS, the City of Grand Island maintains a Revolving Loan Fund of recaptured Community Development Block Grant (CDBG) Economic Development grant monies; and WHEREAS, a request has been made from the Grand Island Area Economic Development Corporation for use of $7,000.00 of the funds to update an April 2010 Environmental Review of Platte Valley Industrial Park East; and WHEREAS, the proposed project is an eligible use according to the 1994 City Reuse Plan and generally meets the Nebraska State Economic Development Objective, meets the Local Objective, is located in a qualifying area, and is a precursor to additional economic development impacting infrastructure improvements within the city; and WHEREAS, the Reuse Committee met on December 20, 2010 and voted to refer the application request to the City Council with a recommendation for approval of a total of $7,000.00 in reuse funds for the project; and WHEREAS, a Public Hearing was held at the January 11, 2011 Council meeting and legal notice published at least 10 days prior to said meeting; and WHEREAS, Council action is required to commit revolving loan funds to this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island commits reuse funds for the purpose of updating an Environment Review of Platte Valley Industrial Park East and authorizes the Mayor to sign all related documents on behalf of the City of Grand Island for this reuse project. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G8 #2011-2 - Approving Three Year Contract between the City of Grand Island and Union Pacific Railroad for Coal Transportation to Platte Generating Station Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: January 11, 2011 Subject: Coal Freight Transportation Contract between Union Pacific Railroad and the City of Grand Island Utilities Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background The coal contract with the Union Pacific Railroad (UP) expired on December 31, 2010. That contract was for a three year term. UP was asked to provide price quotations for continued service to move coal from the Wyoming coal fields to the Platte Generating Station Power Plant at Grand Island. As requested by the Utilities Department, UP provided initial proposals for continued freight service by contract and by Common Carrier Tariff in May of 2010. The initial UP proposals included a number of changes to the conditions car loading along with revised pricing for continued service, resulting in a number of offers and counter offers being made and evaluated over the course of the ensuing months. Discussion Union Pacific considers its proposals for continued freight service to be confidential. In order to meet that confidentiality, a report on the negotiations with the railroad and copies of the offers and counter offers exchanged during the last half of 2010 are included under separate cover for each Council Member. Also included in the Council Member packages are copies of two documents referred to as UP Circular 113 and UP Circular 6603. Those two documents contain UP’s standard conditions for rail service. They are not confidential and can be accessed on the internet. But since these documents are incorporated by reference in the contract and Common Carrier tariff proposals provided by Union Pacific, a copy of each is included in the Council’s package for ease of reference. If the City Council wishes to discuss the details of the confidential proposal received from Union Pacific, it is recommended that they adjourn to closed session for the protection of the public interest. It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the contract offer 2. Move to request a Common Carrier Tariff 3. Refer the issue to a Committee 4. Postpone the issue to future date 5. Take no action on the issue Recommendation City Administration’s recommends that the Council accept the three year term contract offer from Union Pacific. Sample Motion Move to approve the three year contract offer from Union Pacific. Approved as to Form ¤ ___________ January 7, 2011 ¤ City Attorney R E S O L U T I O N 2011-2 WHEREAS, the City’s current coal transportation contract with the Union Pacific Railroad Company expired on December 31, 2010; and WHEREAS, Electric Department Staff has negotiated with Union Pacific Railroad to continue coal freight service to Platte Generating Station; and WHEREAS, Union Pacific Railroad has offered a contract proposal for freight service to Platte Generating Station; and WHEREAS, the City Attorney has reviewed the Union Pacific Railroad contract proposal and UP Circular 113 and Circular 6603. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a three year contract with the Union Pacific Railroad is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the final negotiated agreement with the Union Pacific Railroad Company on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-3 - Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2010 Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Meeting: January 11, 2011 Subject: Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2010 Item #’s: G-9 Presenter(s): Gary R. Mader, Interim Public Works Director Background The City of Grand Island and the Nebraska Department of Roads have an agreement for the maintenance of state highways within the city limits. Maintenance responsibilities for state highways within the corporate city limits are defined by state statue. The Nebraska Department of Roads (NDOR) is responsible for the cost of the maintenance of the highway lanes through a community and the City is responsible for the cost of the maintenance of any highway widening including parking, additional thru lanes or left turn lanes. The statutes provide that the NDOR is to reimburse the City for work the City performs on NDOR’s highway lanes. Discussion The agreement requires the City to certify that it has completed the maintenance work required by the agreement for the 2010 calendar year. The NDOR performs snow removal on NE Highway 2, US Highway 281, US Highway 34, and a portion of US Highway 30 from the west city limits to Johnstown Road. The City performs snow removal on US Highway 30 from Johnstown Road through town to the east city limits at Shady Bend Road. The City performs the surface maintenance on all state highways within the city limts. The net result of this exchange of services is a payment by the Nebraska Department of Roads to the City of Grand Island in the amount of $36,198.30. Alternative Motions It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution authorizing the Mayor to sign the Certificate of Compliance. 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 pass a resolution authorizing the Mayor to sign the Certificate of Compliance. Sample Motion Move to approve the Certificate of Compliance for Maintenance Agreement No. 12. Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-3 WHEREAS, each year the City of Grand Island enters into a maintenance agreement with the State of Nebraska Department of Roads with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, the City has complied with all surface maintenance work for the calendar year 2010 in accordance with the agreement; and WHEREAS, upon receiving the City’s Certificate of Compliance, the State will reimburse the City for maintenance work performed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island has complied with the terms of Maintenance Agreement No. 12 for calendar year 2010; and the Mayor is hereby authorized and directed to execute the Certificate of Compliance for such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-4 - Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Meeting: January 11, 2011 Subject: Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads Item #’s: G-10 Presenter(s): Gary R. Mader, Interim Public Works Director Background Each year the City and the Nebraska Department of Roads enter into an agrement for the maintenance of Highways within the City Limits. The certification that calendar year 2010 work was performed by the City is being approved at tonight's meeting. The agreement for 2011 has been prepared. The content and scope of the agreement is the same as that of previous years, because the highways and city limits have not changed. Discussion The maintenance responsibilities by statute are detailed in Exhibit A of the agreement. Calculations for payments are detailed in Exhibit B. Surface maintenance and snow removal responsiblities from an operational efficiency stand point are detailed in Exhib it C. The net result of this exchange of services for 2011 will be a payment to the City of $36,198.30. 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 pass a Resolution approving Maintenance Agreement No. 12 for calendar year 2011. Sample Motion Move to approve Maintenance Agreement No. 12 for calendar year 2011. Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-4 WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into Maintenance Agreement No. 12 with the State of Nebraska Department of Roads with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, this agreement requires annual renewal by both parties thereto; and WHEREAS, it is in the best interest of the City of Grand Island to approve Maintenance Agreement No. 12 to be effective January 1, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Maintenance Agreement No. 12 between the City and the State of Nebraska Department of Roads for the term January 1, 2011 through December 31, 2011 is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2011-5 - Approving 2010 Local Emergency Operations Plan Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Jon Rosenlund City of Grand Island City Council Council Agenda Memo From: Jon Rosenlund, Emergency Management Director Meeting: January 11, 2011 Subject: 2010 Local Emergency Operations Plan Item #’s: G-11 Presenter(s): Jon Rosenlund, Emergency Management Director Background The Nebraska Emergency Management Act (RRS 81-829.46 (9)) states “Each city, village, county or interjurisdictional emergency management organization shall prepare and keep current a city, village, county, or interjurisdictional emergency operations plan for its jurisdic tion. Such plans shall be in conformance with the requirements established in the act.” The Emergency Management Department has completed a 2010 rewrite of the Hall County Local Emergency Operations Plan (LEOP), which contains planning information for the County and all its cities and villages. This LEOP is presented for formal adoption by the City of Grand Island. Discussion The Nebraska Emergency Management Act (RRS 81-829.46 (9)) requires “Each city, village, county or interjurisdictional emergency management organization shall prepare and keep current a city, village, county, or interjurisdictional emergency operations plan for its jurisdiction. Such plans shall be in conformance with the requirements established in the act.” Hall County and her subsequent cities and villages completed this requirement through the Local Emergency Operations Plan (LEOP) maintained by the Hall County/Grand Island Emergency Management Department. While minor details in the LEOP are updated annually, the Emergency Management Department coordinates with the State of Nebraska on formal “rewrites” every 5 years. The draft constitutes the 2010 “rewrite” draft of the Hall County Local Emergency Operations Plan and is on file in the City Clerk’s Office and the Emergency Management Office. Rewriting this plan is a year-long process of updating information in the plan, collaborating with local agencies and departments which are listed in the plan, and participating in a planning process to ensure that each department is satisfied with its role, as defined in the plan. By adopting the 2010 Local Emergency Operations Plan by resolution, the City of Grand Island will complete its requirement to “prepare and keep current a city… emergency operations plan.” 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 adopt the 2010 Local Emergency Operations Plan. Sample Motion Move to approve the 2010 Local Emergency Operations Plan. Approved as to Form ¤ ___________ January 7, 2011 ¤ City Attorney R E S O L U T I O N 2011-5 WHEREAS, the City Council of Grand Island, Nebraska, pursuant to Nebraska Statute, is vested with authority of administering the affairs of Grand Island, Nebraska; and WHEREAS, it has been determined that a Hall County Local Emergency Operations Plan has been developed in order to provide for a coordinated response to a disaster or emergency in Hall County, the City of Grand Island and other cities and villages in Hall County; and WHEREAS, the City Council of Grand Island, deems it advisable and in the best interest of Grand Island to approve said Local Emergency Operations plan , and WHEREAS, the acceptance of this 2010 Local Emergency Operations Plan supersedes all previous approved Hall County Local Emergency Operations Plans; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute the 2010 Local Emergency Operations Plan on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2011-6 - Approving Bid Award for Ball Field Fencing at Veteran’s Athletic Field Complex Tuesday, January 11, 2011 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: January 11, 2011 Subject: Approving Bid Award for Furnishing and Installation of Ball Field Fencing at Veterans Athletic Field Complex Item #’s: G-12 Presenter(s): Steve Paustian, Parks and Recreation Director Background On December 15, 2010 the Park and Recreation Department, advertised for bids for the Furnishing and Installation of Ball Field Fencing at the Veterans Athletic Field Complex. Two bids were received. The low responsible bid was provided by Elkhorn Fence Company of Elkhorn, NE in the amount of $26,052.00. Discussion Because of the relocation of the State Fair to Grand Island it is necessary to move the athletic complex currently located at Fonner Park to a new site. The new site is located just south of Eagle Scout Park. As part of the project, chain link fencing must be installed to insure game integrity and safety for people using the facility. Bids were requested to provide new fencing for the four fields and an alternate bid was requested to use the existing fencing salvaged from the Fonner Fields. The existing fencing was for three fields so new fencing materials are still required for the fourth field in the alternate bid. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the award of a contract to Elkhorn Fence Company for the alternate bid in the amount of $26,052.00. Sample Motion Move to award contract to Elkhorn Fence Company to purchase and install ball field fencing for the Veterans Athletic Field Complex. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 28, 2010 at 2:00 p.m. FOR: Ball Field Fencing at Veteran’s Athletic Field Complex DEPARTMENT: Parks & Recreation ESTIMATE: $60,000.00 FUND/ACCOUNT: 40044450-90122 PUBLICATION DATE: December 15, 2010 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Elkhorn Fence Co. American Fence Company Elkhorn, NE Grand Island, NE Exceptions: Noted Noted Bid Price: $42,816.00 $43,820.00 Alternate Bid: $26,052.00 $29,405.00 cc: Steve Paustian, Parks & Rec. Director Patti Buettner, Parks & Rec. Secretary Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent Mary Lou Brown, Interim City Administrator P1448 Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-6 WHEREAS, the City of Grand Island invited sealed bids for Furnishing and Installation of Ball Field Fencing at the new Veterans Athletic Field Complex, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on December 28, 2010, bids were received, opened and reviewed; and WHEREAS, Elkhorn Fence Co. from Elkhorn, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $26,052.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Elkhorn Fence Co. from Elkhorn, Nebraska in the amount of $26,052.00 for Furnishing and Installation of Ball Field Fencing at the new Veterans Athletic Field Complex is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2011-7 - Approving Amendment No. 2 to the Agreement with Felsburg, Holt and Ullevig for Engineering Consulting Services for the Grand Island Quiet Zone Improvements Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Meeting: January 11, 2011 Subject: Approving Amendment No. 2 to the Agreement with Felsburg, Holt and Ullevig for Engineering Consulting Services for the Grand Island Quiet Zone Improvements. Item #’s: G-13 Presenter(s): Gary R. Mader, Interim Public Works Director Background The purpose of the Grand Island Quiet Zone Improvement Project is to develop improvements at the Union Pacific Railroad (UPRR) crossings at Oak Street, Pine Street, Walnut Street and Elm Street so that train horns will not need to be activated for these crossings. Wayside Horns will be installed at Walnut Street and Elm Street. Concrete curb will also be installed at Walnut and Elm Street to narrow the road at the crossings to direct pedestrians on the pre-fabricated concrete crossing panels. Oak Street and Pine Street will be “silent” crossings; this will be accomplished by constructing concrete medians and concrete curb to narrow the streets at the crossing approaches. Any amendments to an agreement must be approved by the City Council. On May 13, 2008 the City Council approved a resolution to enter into an agreement with Felsburg, Holt and Ullevig (FHU) for Engineering Consulting Services on the Grand Island Quiet Zone Improvements Project. The $28,600 agreement provided for development of plans and specifications for the project, and preparation of notifications for the establishment of a quiet zone. On October 13, 2009 the City Council approved Amendment No. 1 to the original agreement for $12,600. Amendment No. 1 provided for additional survey and design work that was required to narrow the pavement in the areas of UPRR’s and Peavey’s tracks. These changes were a result of decisions arising from the July 21, 2009 diagnostic on-site meeting with UPRR, FHU and the City Of Grand Island Discussion Final plans, which incorporated the required changes from the July 21, 2009 diagnostic on-site meeting, were submitted to the UPRR for their review and approval on January 13, 2010. On December 27, 2010, UPRR submitted their Technical Response to the final plans. The Technical Response included a number of specific comments that were not presented in two previous on-site diagnostic meetings and their formal response to the City’s Notice of Intent to establish a Quiet Zone. The Technical Response will require plan revisions involving extension of the proposed medians at the Oak Street and Pine Street crossings to a length of 100 feet to discourage drivers from circumventing the crossing gate arms as trains approach and installing additional barricades to close the east alley north of the Oak Street crossing. Other items in the Technical Response include installation of stop signs for Peavey’s tracks, signage fo r traffic approaching the crossings, and a request to educate the public on the limitations of this quiet zone. It is necessary to amend the agreement for consulting services with Felsburg, Holt and Ullevig to incorporate plan revisions as required by the UPRR Technical Response. The services associated with this amendment are as follow: · Oak Street crossing plan: extend the north median to 100’; · Oak Street crossing plan: install second row of barricades to close north alley; · Pine Street crossing plan: extend the medians to 100’; · Pine Street crossing: submit request to Federal Railroad Administration to gain exception to Constant Warning Time circuits for Track 702 and 703; · Walnut Street crossing: submit request to Federal Railroad Administration to gain exception to Constant Warning Time circuits for Track 702; and · Elm Street crossing: submit request to Federal Railroad Administration to gain exception to Constant Warning Time circuits for Track 702. The work covered by Amendment No. 2 will be performed based on actual costs with a maximum of $5200.00, for a revised contract total of $46,400.00. Original Agreement $28,600.00 Amendment No. 1 $12,600.00 Amendment No. 2 $5,200.00 Total Revised Agreement $46,400.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue – If the work proposed in the amendment is not performed, the project cannot move forward. Recommendation Public Works Administration recommends that the Council approve the amendment to the agreement. Sample Motion Move to approve the amendment. Amendment #2 Authorizing a Change in Scope of Services In accordance with the Agreement Terms and Conditions between the City of Grand Island, Nebraska and Felsburg, Holt & Ullevig dated May 13, 2008, this Amendment describes change(s) to the Scope of Services, Project Schedule and/or Engineering Fees for Felsburg, Holt & Ullevig’s services on the project known as: Grand Island Quiet Zone Improvements TOPIC: Provide engineering services in order to revise project plans and coordinate Constant Warning Time exceptions as per Union Pacific Railroad Technical Response dated December 27, 2010. SCOPE: See Appendix “A” ENGINEERING FEES: See Appendix “A” TOTAL CHANGE IN PROJECT’S ESTIMATED FEES: $5,200.00 TERMS AND CONDITIONS: The terms and conditions of the Agreement referenced above shall apply to this Amendment except to the extent expressly modified by this Amendment. In the event of any such modification, the modification shall be set forth on pages attached to this Amendment and signed on the last page by the Authorized Representatives. The Article of the Agreement to be modified shall be specifically referenced in the modification, and the modification shall be precisely described. The following signatures of the Authorized Representatives acknowledge acceptance of the terms of this Amendment. APPROVAL AND ACCEPTANCE: City of Grand Island, Nebraska Felsburg, Holt and Ullevig MAYOR, JAY VAVRICEK Kyle A. Anderson, Principal DATE DATE ATTEST: CITY CLERK, RaNAE EDWARDS Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney Approved as to Form ¤ ___________ January 7, 2011 ¤ City Attorney R E S O L U T I O N 2011-7 WHEREAS, on May 13, 2008, by Resolution 2008-132, the City Council for the City of Grand Island approved the $28,600.00 proposal of Felsburg, Holt and Ullevig to provide engineering services for Quiet Zone Improvements in the Downtown area; and WHEREAS, on May 13, 2008, by Resolution 2009-262, the City Council for the City of Grand Island approved Amendment No. 1, in the amount of $12,600.00, to the original agreement for consulting services to address issues presented at the July 21, 2009 diagnostic on- site meeting; and WHEREAS, it is necessary to amend the agreement for consulting services to provide for design revisions and coordination with the Federal Railroad Administration (FRA) to address issues presented in the Union Pacific Railroads Technical Response to the Final Plans that were submitted January 13, 2010; and WHEREAS, due to Felsburg, Holt and Ullevig’s knowledge and experience working on this project, it is recommended that they continue providing engineering work for the project; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 2, for the total amount of $5,200, to the Agreement with Felsburg, Holt and Ullevig for engineering consulting services for plan revisions and FRA Coordination for the Grand Island Quiet Zone Improvements project is hereby approved, with a revised total agreement price of $46,400.00. BE IT FURTHER RESOLVED, that the Mayor be, and hereby is, authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2011-8 - Approving Nebraska Children and Families Foundation Contract for Coalition for Children Development Grant Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: January 11, 2011 Subject: Approve Demonstration Grant Contract with Nebraska Children & Families Foundation Item #’s: G-14 Presenter(s): Joni Kuzma, Community Development Administrator Background The Coalition for Children was formed in September 2004 by a small group of human service professionals who shared a concern about youth in Hall County. In 2007, the Nebraska Children and Families Foundation (NCFF) committed five (5) years of funding for the Coalition for Children to build community collaboration to improve the local service system to children. The NCFF Board of Directors has awarded funds for the fifth year of this project. Grand Island was one of three Nebraska communities chosen to pilot this collaboration- building project. Ogallala and Valentine are also Demonstration grant recipients. The City received grant awards in 2007, 2008, 2009 and 2010. This grant has allowed the community to form a Coalition that monitors community policies, decisions, and programs that impact children and families; hire an Administrative Assistant ; create a year-long collaboration building curriculum to train a Leadership Team; and given the Steering Committee an opportunity to meet with NCFF staff, state Health and Human Services staff, and others at the state level who work with or fund programs that affect children and families. Discussion The Nebraska Children and Families Foundation (NCFF) has awarded $13,244.70 to the City of Grand Island to support the activities of the Coalition for Children. The grant contract period is 1/1/2011 - 12/31/2011. The City will serve as fiscal agent. An award letter and contract have been received by the City and need to be signed by the Mayor to accept the grant award. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 2011 Demonstration grant contract with the Nebraska Children and Families Foundation and authorize the Mayor to sign all related documents 2. Refer the issue to a Committee 3. Postpone the issue to future date Recommendation City administration recommends that Council approve the 2011 Demonstration grant contract. Sample Motion Move to approve the 2011 Demonstration grant contract with the Nebraska Children and Families Foundation and authorize the Mayor to sign all related documents. Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-8 WHEREAS, the Coalition for Children was formed to create a community climate where children are valued, safe, and healthy; and WHEREAS, in 2007, the Nebraska Children and Families Foundation committed five years of funding to the City of Grand Island for the Coalition for Children to build community collaboration to improve the local service system to children. WHEREAS, Grand Island was one of three Nebraska communities chosen to pilot this collaboration building project and has received four years of funding; WHEREAS, the Nebraska Children and Families Foundation (NCFF) has awarded $13,244.70 to the City of Grand Island to support 2011 collaboration-building activities of the Coalition for Children for the fifth year of a five year grant cycle; and WHEREAS, the City of Grand Island will serve as fiscal agent for the grant period which runs January 1, 2011 through December 31, 2011; and WHEREAS, an award letter and contract have been received by the City and must be signed by the Mayor in order to accept the grant award. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the contract for the Nebraska Children and Families Foundation Demonstration Grant is approved and that the Mayor is hereby authorized and directed to execute any related documents on behalf of the City of Grand Island for such grant program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2011-9 - Approving Amendment to HVAC Energy Efficiency Improvement Upgrades Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: January 11, 2011 Subject: Approving amendment to HVAC Energy Efficiency Improvement Upgrades Item #’s: G-15 Presenter(s): Joni Kuzma, Community Development Administrator Background In June 2009, the City of Grand Island was awarded a $199,000 Energy Efficiency and Conservation Block Grant (EECBG) from the Department of Energy and The American Recovery and Reinvestment Act of 2009 appropriation. The purpose of the EECBG program is to assist eligible entities in creating and implementing strategies to: · Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practical, maximizes benefits for local and regional communities; · Reduce the total energy use of the eligible entities; and · Improve energy efficiency in the building sector, the transportation sector, and other appropriate sectors In November, Council awarded bids to Myer’s Heating and Air: Fire Station 3 - $7,500 and Fire Station 4 - $16,500; Midwest Sheet Metal Co Inc. Fire Station 2 - $18,450; and Overhead Door, Fire Stations 2 - $2,255, Fire Station 3 - $144.20, and Fire Station 4 - $144.20. This action would amend Resolution 2010-337 that awarded energy efficiency upgrades for both Fire Stations 3 and 4 to Myer’s Heating and Air. Discussion The award for both Fire Stations 3 and 4 had originally been given to Myer's Heating and Air. After reviewing a third party evaluation of the systems proposed, it was determined that the efficiency of the system Jerry's Sheet Metal proposed was greater than what had been determined from the proposals. The award for energy efficiency upgrades at Fire Station 4 is recommended to Myer’s for $16,500 and at Fire Station 3 to Jerry’s Sheet Metal for $8,056. Upon review, a half point SEER rating difference in the A/C unit and a 3% difference in heating unit efficiency proposed by Jerry’s Sheet Metal for the Fire Station 3 appears to provide slightly more efficiency than that of Myer’s. Greater efficiency may be gained in the heating unit, which makes sense in Grand Island where heat is used for a longer period of the year than air conditioning. If gas and electrical cost remain constant, the cost difference in the proposals could be made up within 15 years (calculated based upon units of energy used for heating and air the last two years). Another factor that was used in determining the most efficient proposal is the priority of the federal government to reduce use of fossil fuels. Since this project is funded with an Energy Efficiency and Conservation Block Grant from the Department of Energy, this goal was given priority consideration. 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 energy efficiency upgrade award amendment as recommended. Sample Motion Move to approve the energy efficiency upgrade award amendment as recommended. Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-9 WHEREAS, in June 2009, the City of Grand Island was awarded a $199,000 Energy Efficiency and Conservation Block Grant (EECBG) from the Department of Energy and The American Recovery and Reinvestment Act of 2009 appropriation; and WHEREAS, qualified energy efficiency projects were awarded by Council in November to Myer’s Heating and Air: Fire Station 3 - $7,500 and Fire Station 4 - $16,500; Midwest Sheet Metal Co Inc. Fire Station 2 - $18,450; and Overhead Door, Fire Stations 2 - $2,255, Fire Station 3 - $144.20, and Fire Station 4 - $144.20.; and WHEREAS, after reviewing a third party evaluation of the systems proposed, it was determined that the efficiency of the heating unit Jerry's Sheet Metal proposed was greater than what had previously been determined from the proposals; and WHEREAS, an amended award for energy efficiency upgrades at Fire Station 4 is recommended to Myer’s for $16,500 and at Fire Station 3 to Jerry’s Sheet Metal for $8,056.; and WHEREAS, this resolution amends Resolution 2010-337 with regard to this portion of the project only; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that The Grand Island City Council approves the amended energy efficiency upgrade awards. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2011-10 - Approving Contract Extension with Midwest Floor Covering at the Field House Tuesday, January 11, 2011 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: January 11, 2011 Subject: Approving Contact Extension with Midwest Floor Covering at the Field House Item #’s: G-16 Presenter(s): Steve Paustian, Parks and Recreation Director Background On June 22, 2010 the City of Grand Island entered into an agreement with Midwest Floor Covering for Furnishing and Installation of Synthetic Floor Covering at the Field House located at the Fonner Complex. The installation of the flooring system was to be completed by October 29, 2010. Because of the moisture level in the concrete floor at the Field House it has not been possible to install the floor. Discussion The basketball/volleyball courts designed for the Field House are not finished as of now. All equipment for the courts has been procured and in some cases installed. Midwest Flooring has informed us that the flooring can not be installed on the concrete until the relative humidity of the concrete is under 70%. On going testing has shown a humidity level at 99% ever since the City took possession of the building. It was, and still is the hope that the floor will "dry up" enough to allow for the installation of the flooring as originally bid. To this end a contract extension with Midwest Flooring with a completion date of July 1, 2011 is being requested. If the humidity level does not reach 70% by April 1, 2011 staff will return to Council with a recommendation to apply a sealer over the concrete to allow for the installation of the synthetic court floor. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Re fer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the extension of the installation contract. Sample Motion Move to approve the resolution authorizing the City to extend the completion date for the installation of the synthetic court flooring with Midwest Floor Covering Inc. to July 1, 2011. Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-10 WHEREAS, on May 24, 2010, by Resolution 2010-144, the City Council of the City of Grand Island approved the bid to Midwest Floor Covering from Lincoln, Nebraska for the Furnishing and Installation of Synthetic Floor Covering at the new Community Fieldhouse; and WHEREAS, the completion of such project has been delayed due to the high moisture level in the concrete floor; and WHEREAS, Midwest Floor Covering has agreed to a contract time extension from October 29, 2010 to July 1, 2011 for the Furnishing and Installation of Synthetic Floor Covering in order to complete this project; and WHEREAS, the Parks & Recreation Department supports such contract time extension. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for the Furnishing and Installation of Synthetic Floor Covering for the new Community Fieldhouse is hereby extended to July 1, 2011. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract time extensions on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Consolidated Concrete Co. for a Conditional Use Permit for Two Conex Containers to Store Concrete located at 3440 West Old Highway 30 This item relates to the aforementioned Public Hearing Item E-3. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item I1 #2011-11 - Consideration of Request from The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street for a Class “I” Liquor License and Liquor Manager Designation for Sharena Anson, 4234 Arizona Avenue This item relates to the aforementioned Public Hearing Item E-1. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-11 WHEREAS, an application was filed by The Chocolate Bar, Inc. doing business as The Chocolate Bar, 116 West 3rd Street for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on January 1, 2011; such publication cost being $15.18; and WHEREAS, a public hearing was held on January 11, 2011 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Sharena Anson, 4234 Arizona Avenue as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-12 - Consideration of Request from Riverside Golf Club dba Riverside Golf Club, 2820 Riverside Drive for an Addition/Reconstruction to Class “C-07703” Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-12 WHEREAS, an application was filed by Riverside Golf Club, doing business as Riverside Golf Club, 2820 Riverside Drive for an addition/reconstruction to their Class "C-07703" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on January 1, 2011; such publication cost being $15.63; and WHEREAS, a public hearing was held on January 11, 2011, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application for addition/reconstruction to their Class “C-07703”. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations:_________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2011-13 - Consideration of Annexation for Right-of-Way along 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) Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Chad Nabity, Regional Planning Director Meeting: January 11, 2011 Subject: Consideration of Annexation for Right-of-Way along a Portio n 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) Item #’s: I-3 Presenter(s): Chad Nabity, Regional Planning Director Background An April 6, 1992 Inter-local agreement between the City of Grand Island, Hall County, the Nebraska Department of Roads and the Federal Highway Administration detailed obligations of the State, County and City regarding the construction of a new Locust Street I-80 Interchange and upgrading Locust Street to a 4-lane roadway. The agreement provided that upon completion of Hall County's improvements and construction obligations, the County shall transfer to the City of Grand Island that portion of South Locust Street between the Grand Island City limits and the northernmost terminus of the exit ramps at the Interstate 80 interchange. The agreement provides that the City will accept the rights and obligations to the road including operation and maintenance. The City of Grand Island as the owner of the property in question may request that the right-of-way along 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 be considered for annexation by ordinance. At the October 26, 2010 meeting City Council approved acquisition of this property and was advised that Public Works Administration would bring forward a resolution for council consideration for the possible annexation of the Locust Street Right-Of-Way into city limits. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. Since the City is the owner of this property and as the owner is requesting this annexation, the City can consider an ordinance to annex this property at a future meeting. With the documents on file with the Hall County Register of Deeds showing the City’s ownership for this section of right-of-way it is now time for this matter to be considered by ordinance if that is the wishes of the City Council. 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 City, as owner of the property, petition for annexation of the right-of-way owned by the City and that the Council direct staff to bring forward an annexation ordinance for this property following the procedures outlined in Nebraska Revised Statute §16-117. Sample Motion Move to petition for annexation and direct Staff to prepare an ordinance to that effect. Approved as to Form ¤ ___________ January 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-13 WHEREAS, by Resolution 2010-284 City Council approved the acquisition of right-of- way along 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; and WHEREAS, Nebraska State Statute §16-117 provides for the process of annexation; and WHEREAS, given that the City is the current owner of the property and is requesting annexation, the City can consider an ordinance to annex this property at a future meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the annexation request is hereby approved, with an annexation ordinance to be brought forward at a future council meeting. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2011-14 - Consideration of a Resolution Authorizing the Mayor to Sign a Letter of Intent on a Public/Private Project to Extend City Sanitary Sewer South Along US Highway 281 Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Jason Eley, Interim City Attorney Meeting: January 11, 2011 Subject: Consideration of a Resolution Authorizing the Mayor to Sign a Letter of Intent on a Public/Private Project to extend City Sanitary Sewer South Along US Highway 281 Item #’s: I-4 Presenter(s): Gary R. Mader, Interim Public Works Director Background A number of businesses along US Highway 281 in the vicinity of Interstate 80 are scheduled to spend significant dollars upgrading their private waste water treatment systems in 2011. The improvements are to address Nebraska Department of Environmental Quality (NDEQ) National Pollutant Discharge Elimination System (NPDES) permit issues. As an alternative, the dollars that the businesses would spend upgrading their private systems could be put towards a public/private project to extend city sanitary sewer to serve their properties. A number of steps need to occur for a public/private extension of city sanitary sewer to replace the need for upgrades to the private treatment systems. 1. Provide a “Letter of Intent” to the NDEQ notifying them that the city is working with businesses on a public/ private project to extend city sanitary sewer to serve the properties. The letter would allow the city and businesses time to attempt to negotiate an agreement for the extension of city sanitary sewer. 2. Negotiation of project agreements between the city and the businesses. The details of the agreement are not yet fully known, but would include items such as: a. Cost sharing b. Operation and Maintenance responsibilities c. Schedule The Department made a presentation of this possible project and the city council discussed the possibility of extending sanitary sewer south along US Hwy 281 at the January 4, 2011 City Council Study Session. Discussion If the council desires to pursue a potential project that would extend sanitary sewer south of Grand Island along US Hwy 281, an agreement between the City of Grand Island and the businesses would have to be negotiated before a project could move forward. In order to allow time for negotiation of the agreement, a “Letter of Intent” would need to be sent to the NDEQ advising them that the city is entering into negotiations with the businesses on a public/ private project that extends city sanitary sewer that would replace the private sanitary sewer systems. If negotiations do not conclude in an agreement, the businesses would re-schedule upgrades to their private waste water treatment systems in coordination with the NDEQ. A draft of the proposed letter to NDEQ is attached. The letter of intent is only an agreement to initiate negotiations, and approval of the Mayor signing such letter would not bind the City to anything other than to take part in negotiations and discuss details of how the project may proceed with the involved businesses. 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. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the resolution authorizing the Mayor to sign a letter of intent to extend City sanitary sewer south along US Highway 281. Sample Motion Move to approve resolution. January 11, 2011 Nebraska Department of Environmental Quality Suite 400, The Atrium Post Office Box 98922 Lincoln, Nebraska 68509-8922 Re: “Letter of Intent” to work towards extending city sanitary sewer along US Hwy 281 It is our understanding that businesses along US Highway 281 near Interstate 80 are on a timetable with the Nebraska Department of Environmental Quality to improve their private waste water treatment systems. The City of Grand Island is willing to negotiate with those businesses towards a public/private project to extend city sanitary sewer mains to serve their properties. The city would be lead entity in the project that would carry sanitary sewerage from their properties to the city’s sanitary sewer collections system with construction of sanitary sewer force and gravity mains along US Highway 281. Upon completion, the project would have the businesses discharging sewerage into the city’s system and allow the businesses to abandon their private waste water collection systems. The city is beginning negotiations on an agreement with benefiting property owners on details of the project. The negotiated agreement will include items such as cost, ownership and maintenance responsibilities for the sanitary sewer lift stations, ownership and maintenance responsibilities on the sanitary sewer force main, etc. We anticipate the design, permitting and right-of-way acquisition work on the project will occur in 2011 with construction occurring in 2012. If for some reason the negotiations do not conclude in an agreement between the city and the businesses, the project will not commence. Please feel free to call Interim Public Works Director- Gary Mader Manager of Engineering Services – Terry Brown if you have any questions about the sanitary sewer project. Sincerely, Mayor Jay Vavricek Approved as to Form ¤ ___________ January 7, 2011 ¤ City Attorney R E S O L U T I O N 2011-14 WHEREAS, a Study Session was held on January 4, 2011 to discuss the possibility of extending city sanitary sewer south along US Highway 281; and WHEREAS, several businesses along US Highway 281 near Interstate 80 would have the option to connect to such sanitary sewer; and WHEREAS, a letter of intent was requested addressed to the Nebraska Department of Environmental Quality notifying them that the City is willing to take part in negotiations with businesses along US Highway 281 regarding extending City sanitary sewer to serve the properties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to sign a letter of intent to the Nebraska Department of Environmental Quality for possible extension of city sanitary sewer south along US Highway 281. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 11, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of December 29, 2010 through January 11, 2011 The Claims for the period of December 29, 2010 through January 11, 2011 for a total amount of $3,006,237.47. A MOTION is in order. Tuesday, January 11, 2011 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 December 29, 2010 through January 11, 2011 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of December 29, 2010 through January 11, 2011 in the amount of $14,670.75. A MOTION is in order. Tuesday, January 11, 2011 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 November 24, 2010 through January 11, 2011 for the State Fair Recreation Building The Claims for the Period of November 24, 2010 through January 11, 2011 for the State Fair Recreational Building for the following requisition: #35 $100,826.00 #36 $ 63,585.62 TOTAL: $164,411.62 A MOTION is in order. Tuesday, January 11, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council