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02-22-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, February 22, 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 Nick Schonlau, Third City Christian Church, 4100 West 13th Street 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 Proclamation “Nebraska Danger Week” March 7th, 2011 Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Proclamation "National Athletic Training Month" March, 2011 Certified athletic trainers provide health care for athletes. They provide services such as prevention of injuries, recognition, evaluation and aggressive treatment, rehabilitation, and education. The National Athletic Trainers' Association represents more than 30,000 members of the athletic training profession of professional sports, colleges and universities, high schools, clinics and hospitals, corporate and industrial settings and military branches. The Mayor has proclaimed the month of March, 2011 as "National Athletic Training Month". See attached PROCLAMATION. Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C3 Presentation by Almquist, Maltzahn, Galloway, & Luth for Fiscal Year 2010 City Single Audit and General Purpose Financial Statements and Electric and Water Audit Reports Terry Galloway from Almquist, Maltzahn, Galloway & Luth will present the Fiscal Year 2010 City Single Audit and General Purpose Financial Statements and Electric and Water Audit Reports. Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item F1 #9286 - Consideration of Annexation 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. (Final Reading) Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, Regional Planning Director Meeting: February 22, 2011 Subject: An Ordinance to Annex 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) Item #’s: F-1 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, passed resolution #2011-13 on January 11, 2011 requesting annexation of the property and directing staff to prepare an ordinance for annexation. This ordinance was passed on first reading on January 25, 2011 and on second reading on February 8, 2011. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the third reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of those properties. City staff is not suggesting extension of the zoning jurisdiction as a result of this annexation. Council could request that planning commission consider extension of the zoning jurisdiction. Changes to the zoning jurisdiction cannot be made without a recommendation from the Regional Planning Commission. No utilities are necessary to support the property included in this annexation. The City is already responsible for the maintenance of the roads contained in this annexation whether they are in the municipal limits or not. No new residences or businesses would be added to the City as a result of this annexation. 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 pass the annexation ordinance. Sample Motion Motion to approve the annexation ordinance on third reading. Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney ORDINANCE NO. 9286 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of the Right-Of- Way for South Locust Street from the Wood River Diversion Channel south to a point north of the Interstate 80 interchange at South Locust in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A and B” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after the Grand Island City Council as owners of the property passed Resolution 2011-13 January 11, 2011 petitioning for the annexation of said property; and WHEREAS, the City of Grand Island accepted ownership and maintenance of said property in accordance with prior agreements with the County of Hall and State of Nebraska on October 26, 2010; and WHEREAS, according to NRSS §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and WHEREAS, on January 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. * This Space Reserved For Register of Deeds * ORDINANCE NO. 9286 (Cont.) - 2 - WHEREAS, on February 8, 2011, the City Council of the City of Grand Island approved such annexation on second reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. ORDINANCE NO. 9286 (Cont.) - 3 - SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: February 22, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ORDINANCE NO. 9286 (Cont.) - 4 - ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9286 (Cont.) - 5 - ORDINANCE NO. 9286 (Cont.) - 6 - ORDINANCE NO. 9286 (Cont.) - 7 - ORDINANCE NO. 9286 (Cont.) - 8 - ORDINANCE NO. 9286 (Cont.) - 9 - Exhibit B Real property known as South Locust Street situated in Hall County, Nebraska: TRACT A A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 34, THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 193.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 88°36’52” RIGHT A DISTANCE OF 552.03 FEET; THENCE WESTERLY DEFLECTING 91°17’24” RIGHT A DISTANCE OF 32.82 FEET; THENCE SOUTHWESTERLY DEFLECTING 84°19’09” LEFT A DISTANCE OF 243.29 FEET; THENCE SOUTHERLY DEFLECTING 6°58’15” LEFT A DISTANCE OF 328.08 FEET; THENCE SOUTHEASTERLY DEFLECTING 8°31’52” LEFT A DISTANCE OF 66.35 FEET; THENCE SOUTHERLY DEFLECTING 8°31’52” RIGHT A DISTANCE OF 132.17 FEET; THENCE WESTERLY DEFLECTING 91°26’01” RIGHT A DISTANCE OF 29.54 FEET; THENCE SOUTHERLY DEFLECTING 91°26’01” LEFT A DISTANCE OF 229.46 FEET; THENCE SOUTHEASTERLY DEFLECTING 7°58’07” LEFT A DISTANCE OF 165.64 FEET; THENCE SOUTHERLY DEFLECTING 9°01’13” RIGHT A DISTANCE OF 926.70 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 90°25’45” RIGHT ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 117.70 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE NORTHERLY DEFLECTING 88°31’11” RIGHT ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 2,639.34 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 8.61 ACRES MORE OR LESS. TOGETHER WITH TRACT B: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 9 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 33 THENCE SOUTHERLY ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33 A DISTANCE OF 2,639.34 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE WESTERLY DEFLECTING 91°47’14” RIGHT A DISTANCE OF 79.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, NORTHERLY DEFLECTING 89°37’17” RIGHT A DISTANCE OF 166.50 FEET; THENCE ORDINANCE NO. 9286 (Cont.) - 10 - NORTHERLY DEFLECTING 1°24’30” LEFT A DISTANCE OF 721.78 FEET; THENCE NORTHWESTERLY DEFLECTING 4°17’21” LEFT A DISTANCE OF 131.60 FEET; THENCE NORTHERLY DEFLECTING 4°17’21” RIGHT A DISTANCE OF 299.98 FEET; THENCE NORTHEASTERLY DEFLECTING 7°55’15” RIGHT A DISTANCE OF 71.43 FEET; THENCE NORTHERLY DEFLECTING 7°55’15” LEFT A DISTANCE OF 137.71 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 377.38 FEET; THENCE NORTHWESTERLY DEFLECTING 17°55’46” LEFT A DISTANCE OF 191.83 FEET; THENCE NORTHERLY DEFLECTING 17°55’46” RIGHT A DISTANCE OF 551.81 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 91°03’18” RIGHT ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33 A DISTANCE OF 134.37 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 5.53 ACRES MORE OR LESS. TOGETHER WITH TRACT C: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 130.71 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 87°03’39” RIGHT A DISTANCE OF 402.17 FEET; THENCE SOUTHERLY DEFLECTING 2°57’32” RIGHT A DISTANCE OF 919.67 FEET; THENCE SOUTHERLY DEFLECTING 2°51’05” LEFT A DISTANCE OF 1,322.72 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE SOUTHERLY DEFLECTING 2°32’33” RIGHT A DISTANCE OF 1,056.50 FEET; THENCE SOUTHERLY DEFLECTING 0°42’42” LEFT A DISTANCE OF 1589.72 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 91°15’19” RIGHT ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 137.51 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE NORTHERLY DEFLECTING 88°44’10” RIGHT ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2,645.95 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE NORTHERLY DEFLECTING 0°24’13” LEFT ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2,643.04 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 16.61 ACRES MORE OR LESS. TOGETHER WITH TRACT D: ORDINANCE NO. 9286 (Cont.) - 11 - A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 4, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 2,643.04 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 4, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTHERLY DEFLECTING 0°24’13” RIGHT ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 2,645.95 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE WESTERLY DEFLECTING 91°12’27” RIGHT ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 85.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, NORTHERLY DEFLECTING 88°48’07” RIGHT A DISTANCE OF 288.80 FEET; THENCE NORTHEASTERLY DEFLECTING 10°28’12” RIGHT A DISTANCE OF 108.33 FEET; THENCE NORTHERLY DEFLECTING 9°54’52” LEFT A DISTANCE OF 330.02 FEET; THENCE NORTHERLY DEFLECTING 0°33’40” LEFT A DISTANCE OF 596.69 FEET; THENCE NORTHWESTERLY DEFLECTING 7°56’35” LEFT A DISTANCE OF 165.88 FEET; THENCE NORTHERLY DEFLECTING 8°06’19” RIGHT A DISTANCE OF 1,158.41 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE NORTHERLY DEFLECTING 0°34’19” LEFT A DISTANCE OF 1,322.05 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°0’00” RIGHT A DISTANCE OF 1,322.31 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 91°42’40” RIGHT ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 81.90 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 9.56 ACRES MORE OR LESS. TOGETHER WITH TRACT E: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 140.58 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 88°14’10” RIGHT A DISTANCE OF 378.99 FEET; THENCE SOUTHERLY DEFLECTING 2°24’38” RIGHT A DISTANCE OF 195.30 FEET; THENCE SOUTHERLY DEFLECTING 2°59’57” LEFT A DISTANCE OF 2,068.22 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTHWEST QUARTER ORDINANCE NO. 9286 (Cont.) - 12 - OF SAID SECTION 10; THENCE SOUTHERLY DEFLECTING 2°02’55” LEFT A DISTANCE OF 595.53 FEET; THENCE SOUTHWESTERLY DEFLECTING 64°15’00” RIGHT A DISTANCE OF 103.31 FEET; THENCE SOUTHERLY DEFLECTING 62°24’44” LEFT A DISTANCE OF 354.89 FEET; THENCE NORTHEASTERLY DEFLECTING 140°40’08” LEFT A DISTANCE OF 8.71 FEET; THENCE NORTHEASTERLY DEFLECTING 27°45’06” RIGHT A DISTANCE OF 402.00 FEET; THENCE NORTHEASTERLY DEFLECTING 2°45’00” LEFT A DISTANCE OF 99.44 FEET; THENCE SOUTHWESTERLY DEFLECTING 161°22’06” RIGHT A DISTANCE OF 15.01 FEET TO A POINT OF CURVATURE; THENCE ON A 213.06 FOOT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 166.49 FEET SUBTENDING A CENTRAL ANGLE OF 44°46’21” TO A POINT OF TANGENCY; THENCE TANGENT SOUTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 176.03 FEET TO A POINT OF CURVATURE; THENCE ON A 279.06 FOOT RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 438.35 FEET SUBTENDING A CENTRAL ANGLE OF 90°00’00”; THENCE SOUTHERLY DEFLECTION TO THE INITIAL TANGENT OF 90°00’00” LEFT A DISTANCE OF 1,242.35 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 91°21’39” RIGHT ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 158.56 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTHERLY DEFLECTING 88°01’56” RIGHT ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 2,642.94 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE NORTHERLY DEFLECTING 00°00’50” RIGHT ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 2,643.07 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 19.94 ACRES MORE OR LESS. TOGETHER WITH TRACT F: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 9, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 2,643.07 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTHERLY DEFLECTING 0°00’50” LEFT ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 2,642.94 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE WESTERLY DEFLECTING 91°00’03” RIGHT ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 110.11 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, NORTHERLY DEFLECTING 90°04’21” RIGHT A DISTANCE ORDINANCE NO. 9286 (Cont.) - 13 - OF 490.37 FEET; THENCE NORTHERLY DEFLECTING 2°10’03” RIGHT A DISTANCE OF 115.02 FEET; THENCE NORTHERLY DEFLECTING 3°54’27” LEFT A DISTANCE OF 1,015.16 FEET; THENCE NORTHERLY DEFLECTING 1°14’11” RIGHT A DISTANCE OF 286.18 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 737.87 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTHERLY DEFLECTING 2°07’45” RIGHT A DISTANCE OF 33.01 FEET; THENCE NORTHERLY DEFLECTING 2°54’38” LEFT A DISTANCE OF 912.73 FEET; THENCE NORTHERLY DEFLECTING 0°57’04” RIGHT A DISTANCE OF 1,510.83 FEET; THENCE NORTHERLY DEFLECTING 2°43’47” RIGHT A DISTANCE OF 186.66 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 88°42’54” RIGHT ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 68.45 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 11.64 ACRES MORE OR LESS. TOGETHER WITH TRACT G: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 15, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 15 A DISTANCE OF 158.56 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 88°47’55” RIGHT A DISTANCE OF 703.87 FEET; THENCE SOUTHERLY DEFLECTING 1°33’03” RIGHT A DISTANCE OF 624.76 FEET; THENCE SOUTHERLY DEFLECTING 1°00’46” RIGHT A DISTANCE OF 394.22 FEET; THENCE SOUTHERLY DEFLECTING 2°48’45” LEFT A DISTANCE OF 951.49 FEET; THENCE SOUTHERLY DEFLECTING 1°37’30” RIGHT A DISTANCE OF 581.49 FEET; THENCE SOUTHERLY DEFLECTING 0°33’08” LEFT A DISTANCE OF 1,548.66 FEET; THENCE SOUTHERLY DEFLECTING 3°06’10” RIGHT A DISTANCE OF 531.25 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 15; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 86°04’29” RIGHT ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 145.70 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 15; THENCE NORTHERLY DEFLECTING 90°57’55” RIGHT ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 2,668.57 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 15; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’11” RIGHT ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 2,669.05 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 20.38 ACRES MORE OR LESS. TOGETHER WITH TRACT H: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: ORDINANCE NO. 9286 (Cont.) - 14 - BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 16; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 2,669.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 16; THENCE CONTINUING SOUTHERLY DEFLECTING 0°00’11” RIGHT ALONG THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 2,668.57 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE WESTERLY DEFLECTING 89°01’42” RIGHT ALONG THE SOUTH LINE OF SAID SECTION 16 A DISTANCE OF 75.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE NORTHERLY DEFLECTING 90°58’18” RIGHT AND PARALLEL WITH AND 75.00 FEET DISTANT FROM THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 1,336.08 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE WESTERLY DEFLECTING 91°06’15” LEFT ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 A DISTANCE OF 56.28 FEET; THENCE NORTHERLY DEFLECTING 91°37’29” RIGHT A DISTANCE OF 85.96 FEET; THENCE NORTHERLY DEFLECTING 0°52’03” RIGHT A DISTANCE OF 459.97 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 394.98 FEET; THENCE NORTHEASTERLY DEFLECTING 73°36’05” RIGHT A DISTANCE OF 35.90 FEET; THENCE NORTHERLY DEFLECTING 74°59’35” LEFT A DISTANCE OF 384.68 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16; THENCE WESTERLY DEFLECTING 91°13’30” LEFT ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16 A DISTANCE OF 17.00 FEET; THENCE NORTHERLY DEFLECTING 91°04’54” RIGHT A DISTANCE OF 620.10 FEET; THENCE NORTHERLY DEFLECTING 2°01’18” RIGHT A DISTANCE OF 328.23 FEET; THENCE NORTHERLY DEFLECTING 4°34’51” LEFT A DISTANCE OF 197.10 FEET; THENCE NORTHERLY DEFLECTING 1°52’18” RIGHT A DISTANCE OF 189.70 FEET; THENCE NORTHERLY DEFLECTING 1°07’58” RIGHT A DISTANCE OF 597.09 FEET; THENCE NORTHERLY DEFLECTING 2°09’07” LEFT A DISTANCE OF 588.67 FEET; THENCE NORTHERLY DEFLECTING 2°08’05” RIGHT A DISTANCE OF 149.15 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 16; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 88°59’27” RIGHT ALONG THE NORTH LINE OF SAID SECTION 16 A DISTANCE OF 110.11 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 11.41 ACRES MORE OR LESS. Item G1 Approving Minutes of February 8, 2011 City Council Regular Meeting Tuesday, February 22, 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 February 8, 2011 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 February 8, 2011. Notice of the meeting was given in The Grand Island Independent on February 2, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Chuck Haase, Larry Carney, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, and John Gericke. Councilmember Randy Gard and Bob Niemann were absent. The following City Officials were present: Interim City Administrator/Finance Director Mary Lo u Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, Interim Public Works Engineer Terry Brown, and Interim Public Works/Utilities Director Gary Mader. INVOCATION was given by Councilmember Dugan followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Miguel Baeza, Evan Dexter, and Board Member Celine Swan. Mentioned was March 26, 2011 for the next City Council Retreat and the Mayor’s trip to Indiana for the departure of Troop 376 service men and women headed to Kosovo. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located at 2820 Riverside Drive (Country Club Holding Association). Gary Mader, Utilities Director reported that acquisition of a utility easeme nt located at 2820 Riverside Drive was needed in order to have access to install, upgrade, maintain, and repair appurtenances, including lines and transformers for the purpose of documenting utility easements for the entire Riverside Country Club, including those required for the expanded clubhouse. Staff recommended approval. No public testimony was heard. Public Hearing on the One & Six Year Street Improvement Plan. Gary Mader, Interim Public Works Director reported that adoption of a One and Six Year Street Improvement Program was required by State law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. This item was referred to the Regional Planning Commission by Council at their January 25, 2011 Regular Meeting. The Regional Planning Commission conducted a Public Hearing at their February 2, 2011 meeting. Public Works Engineer Terry Brown presented a PowerPoint explaining the recommendations. Staff recommended approval. No public testimony was heard. Public Hearing #2 Concerning Status of Community Revitalization Grants, 08-CR-002, 09-CR- 102 and 09-CR-002. Community Development Administrator Barbara Quandt reported that Grand Island received three Community Revitalization grants from the Nebraska Department of Economic Development for housing and infrastructure projects in qualifying low-to-moderate income block groups in the City. Ms. Quandt stated this was the second public hearing required Page 2, City Council Regular Meeting, February 8, 2011 by the Nebraska Department of Economic Development to fulfill the requirement for these grants. Comment was made by Council Gilbert concerning the importance of these grants. No action was required by Council. ORDINANCES: #9286 – Consideration of Annexation 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 (Second Reading) Regional Planning Director Chad Nabity reported this was the second of three readings and was not suggesting extension of the zoning jurisdiction as a result of this annexation. Staff recommended approval. Motion by Dugan, second by Gericke to approve Ordinance #9286 on second reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9289 – Consideration of Amend ments to Chapter 32 of the Grand Island City Code Relative to Streets and Sidewalks be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on 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. Interim Public Works Director Gary Mader reported that this amendment to Chapter 32 of the Grand Island City Code would include the Manual on Uniform Traffic Control Devices providing guidance for the proper installation and maintenance of Temporary Traffic Control. Motion by Gilbert, second by Ramsey to approve Ordinance #9289. City Clerk: Ordinance #9289 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9289 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9289 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Carney, second by Gericke to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 22, 2011 City Council Special Study Session (Retreat). Page 3, City Council Regular Meeting, February 8, 2011 Approving Minutes of January 25, 2011 City Council Regular Meeting. Approving the Following Councilmember Appointments to Boards and Commissions for 2011: Building Code Advisory Board: Larry Carney Business Improvement District #4: Kirk Ramsey Business Improvement District #6: Bob Niemann Business Improvement District #7: Scott Dugan Business Improvement District #8: Randy Gard Central District Health board (Term of 3 years) Chuck Haase City/County Emergency Mgt/Communications: John Gericke & Mitch Nickerson Community Development Advisory Board: Linna Dee Donaldson Community Redevelopment Authority: Randy Gard GI Area Economic Development Corp. Peg Gilbert Humane Society: Scott Dugan & Chuck Haase Law Enforcement Co-Location: Bob Niemann Library Board: Peg Gilbert Odor Committee: Larry Carney, John Gericke, Bob Niemann & Kirk Ramsey Problem Resolution Team: Larry Carney & John Gericke Regional Planning Commission: Mitch Nickerson Systems Information Advisory Committee (Spillman) (City/County) Scott Dugan Transportation Committee: Randy Gard, Peg Gilbert & Kirk Ramsey #2011-28 – Approving Acquisition of Utility Easement Located at 2820 Riverside Drive (Country Club Holding Association). #2011-29 – Approving Change Order #1 for Water Main Project 2009-W-6 (6th Street from Pine Street to Elm Street) with K2 Construction of Lincoln, Nebraska for an Increase of $11,065.33 and a Revised Contract Amount of $304,976.80. #2011-30 – Approving One-Call Member Services Agreement (Digger’s Hotline). #2011-31 – Approving Agreements for Temporary Construction Easements in the Life Station #7 Disaster Recovery Project Area (Grant Street to Arthur Street, between Oklahoma Avenue and Phoenix Avenue). #2011-32 – Approving Certificate of Final Completion for the Addition to the Transfer station Storage Building with Rathman & Manning corporation of Chapman, Nebraska. #2011-33 – Approving Bid Award for Handicap Ramp Project No. 2010-1 with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of !69,331.42. #2011-34 – Approving Contract for City/County Emergency Dispatch CAD System for the Fire Department with Image Trend, Inc. in an Amount of $3,280 for the first 4 years and $1,280 for the 5th year. Page 4, City Council Regular Meeting, February 8, 2011 RESOLUTIONS: #2011-35 – Consideration of Requesting the Nebraska Liquor Control Commission to Require El Diamante Night Club, 1600 South Eddy Street to Complete a Long Renewal Form. This item was pulled from the agenda at the request of Attorney Bill Francis and rescheduled for February 22, 2011. #2011-36 – Consideration of Approving One & Six Year Street Improvement Plan. This item related to the aforementioned Public Hearing. Discussion was held regarding Wasmer Detention Cell for a total amount of $462,000. Mr. Brown stated they were in negotiations and anticipated an 80% - 20% split but didn’t have a final number. 80% would be paid by the State and 20% by the City. Interim City Administrator Mary Lou Brown stated this was a plan and would be decided in the budget process. Mr. Brown stated the Gas Tax would be applied to any street project. Street Transportation Project funds would be used for other projects. Motion by Ramsey, second by Haase to approve Resolution #2011-36. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of January 26, 2011 through February 8, 2011, for a total amount of $1,511,408.03. Unanimously approved. Motion by Dugan, second by Nickerson to approve the Claims for the Period of January 26, 2011 through February 8, 2011 for the Veterans Athletic Field Complex for a total amount of $2,381.15. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 7:35 p.m. RaNae Edwards City Clerk Item G2 #2011-37 - Approving Bid Award for One (1) 30,000 Pound Four- Wheel Drive Front End Loader - Streets Division Tuesday, February 22, 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: Scott Johnson, Street Superintendent Meeting: February 22, 2011 Subject: Approving Bid Award for One (1) 30,000 Pound Four- Wheel Drive Front End Loader – Streets Division Item #’s: G-2 Presenter(s): Gary R. Mader, Interim Public Works Director Background On January 4, 2011 the Streets Division of the Public Works Department advertised for bids for one (1) Front End Loader. Bids were to be opened on January 18, 2011, however the sole bid that was submitted was pulled by the vendor prior to bid opening time. On February 3, 2011 the Streets Division, after changing the size of the loader from a minimum 28,000 pounds to a minimum 30,000 pounds, readvertised for bids for one (1) Front End Loader. Discussion Five (5) bids were received and opened on February 16, 2011. The bids were submitted in compliance with the contract and specifications. A summary of the bids is shown below. Bidder Exceptions Total Bid Fairbanks of Grand Island, NE None $99,750 Titan Machinery of Lincoln, NE None $119,000 Road Builders Machinery & Supply of Grand Island, NE Noted $126,791 Murphy Tractor and Equipment Co. of Grand Island, NE Noted $130,400 NMC of Doniphan, NE None $131,056 Funds were budgeted in the 2010/2011 Fiscal Year in account no. 10033501.85615. 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 bid award to Fairbanks of Grand Island, Nebraska in the amount of $99,750.00.0 Sample Motion Move to approve the bid award for one (1) Four-Wheel Drive Front End Loader to Fairbanks of Grand Island, Nebraska in the amount of $99,750.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: February 16, 2011 at 2:00 p.m. FOR: (1) 30,000 Pound Four-Wheel Drive Front End Loader DEPARTMENT: Public Works ESTIMATE: $175,300.00 FUND/ACCOUNT: 10033501-85615 PUBLICATION DATE: February 3, 2011 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Murphy Tractor and Equipment Co NMC Grand Island, NE Doniphan, NE Bid Security: Sentry Select Insurance Co Travelers Casualty and Surety Exceptions: Noted None Base Bid Price: $169,150 $161,056 Less Trade-in: $38,750 $30,000 Total Adjusted Bid: $130,400 $131,056 Bidder: Road Builders Machinery & Supply Titan Machinery Grand Island, NE Lincoln, NE Bid Security: Fidelity and Deposit Co Cashiers Check Exceptions: Noted None Base Bid Price: $167,291 $160,000 Less Trade-in: $40,500 $41,000 Total Adjusted Bid: $126,791 $119,000 Bidder: Fairbanks Grand Island, NE Bid Security: Nationwide Mutual Insurance Co Exceptions: None Base Bid Price: $144,900 Less Trade-in: $45,150 Total Adjusted Bid: $99,750 cc: Gary Mader, Interim Public Works Director Scott Johnson, Street Supt. Jason Eley, Purchasing Agent Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, Interim City Administrator P1459 Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-37 WHEREAS, the City of Grand Island invited sealed bids for one (1) 30,000 pound four- wheel drive front end loader, according to specifications on file with the Public Works Department; and WHEREAS, on February 16, 2011, bids were received, opened and reviewed; and WHEREAS, Fairbanks of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $99,750.00; and WHEREAS, the bid of Fairbanks of Grand Island, Nebraska is less than the estimate for the 30,000 pound four-wheel drive front end loader. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Fairbanks of Grand Island, Nebraska in the amount of $99,750.00 for one (1) 30,000 pound four-wheel drive front end loader is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G3 #2011-38 - Approving the Adoption of a Resolution to Revise the National Functional Classification Tuesday, February 22, 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: Scott Griepenstroh, Public Works Project Manager Meeting: February 22, 2011 Subject: Approving the Adoption of a Resolution to Revise the National Functional Classification Item #’s: G-3 Presenter(s): Gary R. Mader, Interim Public Works Director Background The Surface Transportation Program – Urban (STP-Urban) provides funding that may be used by Local Public Agencies for transportation projects on any Federal-aid roadway route. These Federal funds are available to finance up to 80% of eligible project costs with a minimum 20% match from the Local Public Agency. To be on the Federal Aid roadway route and eligible for STP-Urban funds, the roadway must be classified as an arterial or collector and within the Municipality’s urban area boundary on the National Functional Classification System. Classification of roads is determined by the Nebraska Department of Roads Planning Division. The urban area boundary for a Municipality’s National Functional Classification System does not necessarily coincide with the corporate limits; therefore concurrence from the Hall County Board is necessary. If the City Council approves this change, the matter would be presented to the Hall County Board at their March 1, 2011 board meeting. A City Council may request the Department of Roads to revise the urban area boundary or reclassify any segment of highway, road or street for which they are responsible. The request must be submitted by the Municipality and not by an individual, Reference 39- 2112 Neb. Rev. Stat. The Department of Roads will review the request and either grant or deny the request in whole or in part. Classification change requests can be based on changes of traffic pattern, commercial and industrial development, and service to through traffic. Changes to the urban area boundary can be requested if there are different traffic patterns occurring in the urban area, planned development, or consideration of annexation. Requests must come formally through City Council Resolution. Adjustments of the urban boundary require consent of the formal request from the County Board. Discussion In order to anticipate planned development for the Platte Valley Industrial Park, and to incorporate the planned annexation of South Locust Street, the City is requesting NDOR to adjust the urban area boundary to include Schimmer Road and Wildwood Drive from the Platte Valley Industrial Park to Locust Street, and Locust Street south to the Interstate 80 Interchange. Adjustment of the urban area boundary will permit adding these roads to the Federal-Aid roadway route. The following streets are being requested to be added to the Federal-Aid roadway route. · Locust Street from the north limits of the right of way at the Locust Street Interchange to US Highway 34 (Urban Principal Arterial) · Wildwood Drive from the west Urban Area Boundary to US Highway 281, and from the east Urban Area Boundary to Locust Street (Urban Minor Arterial) · Schimmer Drive from the west Urban Area Boundary to Locust Street (Urban Minor Arterial) · Blaine Street from US Highway 34 to Wildwood Drive (Urban Minor Arterial) · Stolley Park Road from Locust Street to Stuhr Road (Urban Minor Arterial) · State Street from US Highway 281 to North Road (Urban Minor Arterial) · Faidley Avenue from US Highway 281 to Redwood Road, including segment planned to be constructed in 2014 (Urban Collector) · Swift Road from Stuhr Road to Shady Bend Road, including segment planned to be constructed in 2016 (Urban Minor Arterial) The following street is being requested to be removed from the Federal-Aid roadway route, because it is evaluated by staff as no longer meeting the criteria for Federal-Aid roadway designation. · Koenig Street from Locust Street to Vine Street (Local Street) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution to revise the National Functional Classification. Sample Motion Move to approve the resolution to revise the National Functional Classification. RESOLUTION FOR NATIONAL FUNCTIONAL CLASSIFICATION REVISION WHEREAS, a system of functionally classified streets has been established in the Grand Island Urban Area, and Whereas, it is the desire of the Grand Island City Council and Hall County Board to revise the existing system of functionally classified streets in order to meet the following changing conditions. In order to anticipate future development, incorporate future annexation of these areas, and to serve through traffic it is being requested that the following areas be added to the Grand Island Urban Area and the following street classification changes be made. Whereas, it is the desire of the Grand Island City Council and Hall County Board that the following revisions to the National Functional Classification System be submitted to the Federal Highway Administration for approval. Proposed Urban Boundary Changes Revise the urban boundary in south Grand Island by extending the limits from the urban boundary near the northeast corner of the northeast 1/4, Section 8, Township 10 North, Range 9 West, east along the southern right-of-way of Wildwood Drive to the west right of way limits of Locust Street (near the northeast corner of Section 9, Township 10 North, Range 9 West), then south along the west right of way limits of Locust Street to the north State right-of-way limits for the Locust Street Interstate 80 Interchange, then east to the east right of way limits of Locust Street, then north to the existing urban boundary near the northeast corner of the southeast 1/4, Section 33, Township 11 North, Range 9 West. The urban boundary changes are to allow for the following: - South Locust Street development in stages for annexation - Recent and planned development at Platte Valley Industrial Park, Section 5 T10N R9W - Future annexation of Rainbow Lakes subdivision in north half of Section 33 - Increasing traffic volumes due to current and planned growth at the Platte Valley Industrial Park development and the Platte Generating Station Proposed Street Classification Changes Locust Street: Designate as Urban Principal Arterial from the north limits of the right of way at the Locust Street Interchange to US Highway 34. - Serves major commercialized area of city (South Locust Street) - Recently improved by adding two lanes to upgrade to a rural four lane divided roadway - Carries significant volume of traffic entering and leaving the urban area - Connects to section of city street that is within top five greatest traffic volume - The Average Daily Traffic (ADT) from a 2009 study was 5410 ADT, which is prior to completion of the two additional lanes - This section is currently designated a Rural Major Collector in Hall County Wildwood Drive: Designate as Urban Minor Arterial Classification from the west Urban Limits (approximately ¼ mile west of US Highway 281) to US Highway 281, and from the current east Urban Limits to Locust Street. - Increasing traffic volumes due to current and planned growth at the Platte Valley Industrial Park development and the Platte Generating Station - Wildwood Drive distributes traffic from proposed and current arterials to residential and industrial destinations - The section from the current east Urban Limits (approximately ½ mile east of US Highway 281) to Locust Street is currently designated a Rural Minor Collector in Hall County Schimmer Drive: Designate Urban Minor Arterial Classification from the new west Urban Limits (approximately ½ mile west of US Highway 281) to Locust Street. - Increasing traffic volumes due to current and planned growth at the Platte Valley Industrial Park development - Schimmer Drive distributes traffic from proposed and current principal arterials to residential and industrial destinations Blaine Street: Designate Urban Minor Arterial Classification from US Highway 34 to Wildwood Drive. - Increasing traffic volumes due to current planned growth at the Platte Valley Industrial Park development and the Platte Generating Station - Distributes traffic from current arterial to residential and industrial destinations Stolley Park Road: Designate Urban Minor Arterial from Locust Street to Stuhr Road. - Similar traffic volumes and usage as Bismark Road from Locust Street to Stuhr Road - This street serves travel to a major activity center due to the completion of the Heartland Event Center and significant developments to accommodate the Nebraska State Fair State Street: Designate Urban Minor Arterial from US Highway 281 to North Road. - Similar traffic volumes and usage as 13th Street from US Highway 281 to North Road - Similar traffic volumes and usage as Capital Avenue from US Highway 281 to North Road - This street services significant intra-area travel from business districts and residential areas Koenig Street: Designate on the local street system from Locust Street to Vine Street - This street does not meet the requirements of the higher order systems - Service to through traffic movement is discouraged Faidley Avenue: Designate Urban Collector Classification from US Highway 281 to Redwood Road - This proposed change includes designating a section that is scheduled for construction in 2014 from North Road to Irongate Avenue - It is anticipated that after extending Faidley Avenue from Irongate Avenue to North Road, this section will function as an Urban Collector and distribute trips from arterials to residential neighborhoods Swift Road: Designate Minor Arterial Classification from Stuhr Road to Shady Bend Road - This proposed change includes designating a section that is scheduled for construction in 2016 from the east end of Swift Road to Shady Bend Road - It is anticipated that after Swift Road is extended to Shady Bend Road, this section will function as an arterial and distribute trips from other arterials to industrial locations - Traffic volumes will increase significantly after Swift Road is extended to Shady Bend Road as this road will serve traffic for the JBS Swift & Co. Meatpacking Plant NOW THEREFORE, in consideration of these facts, the City Council and County Board takes the following official action: BE IT RESOLVED THAT: The Nebraska Department of Roads is hereby requested to prepare the necessary documents and take all necessary steps required in order to obtain approval of the above described revision to the National Functional Classification System in the Grand Island Urban Area. DATED THIS 22nd day of February A.D. 2011 Adopted February 22, 2011 Larry Carney ______________________________ Mitch Nickerson City Clerk Kirk Ramsey ______________________________ Mayor Scott Dugan Linna Dee Donaldson John Gericke Moved the adoption of said resolution Chuck Haase Roll call: _________ Yea, ________Nay Peg Gilbert Robert Niemann Resolution adopted, signed and billed Randy Gard as adopted City Council Dated this 1st day of March A.D. 2011 Supervisor Arnold Adopted March 1, 2011 Supervisor Jeffries ______________________________ Supervisor Lancaster Hall County Clerk Supervisor Schuppan ______________________________ Chairman of the Board of Supervisors Supervisor Quandt Supervisor Purdy Moved the adoption of said resolution Supervisor Ziola Roll Call: Yea; Nay Resolution adopted, signed and billed as adopted Item G4 #2011-39 - Approving the Purchase of Recycle Pump Parts from Bert Gurney & Associates for the Wastewater Division Tuesday, February 22, 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: John Rundle, Wastewater Maintenance Supervisor Meeting: February 22, 2011 Subject: Approving the Purchase of Recycle Pump Parts from Bert Gurney & Associates for the Wastewater Division Item #’s: G-4 Presenter(s): Gary R. Mader, Interim Public Works Director Background A quote was received from Bert Gurney & Associates on January 31, 2011 for repair parts for two (2) of the plant's sludge recycle pumps. The needed parts were quoted at $29,996. Since the pump parts cost exceeds $20,000 the purchase requires City Council approval. Discussion Bert Gurney & Associates has quoted all parts needed to repair two (2) of the sludge recycle pumps at the Wastewater Treatment Plant. As Bert Gurney and Associates have been designated sole source providers for these parts in Council Resolution 2006-2007, the Wastewater Treatment Plant is asking for approval to proceed with this purchase. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the parts purchase from Bert Gurney & Associates of Omaha, Nebraska for $29,996.00. Sample Motion Move to approve the parts purchase from Bert Gurney & Associates of Omaha, Nebraska for $29,996.00. Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-39 WHEREAS, the Wastewater Treatment Plant has two (2) recycle pumps in need of repair; and WHEREAS, by Resolution 2006-207 Bert Gurney & Associates, of Omaha, Nebraska, were deemed sole source provider for pump replacement and repair parts; and WHEREAS, Bert Gurney & Associates quoted a cost of $29,996.00 to provide repair parts for said two (2) recycle pumps. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase in the amount of $29,996.00 from Bert Gurney & Associates of Omaha, Nebraska for such repair parts is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2011-40 - Approving Bid Award - Burdick Station Boiler Roof Replacement Tuesday, February 22, 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 Jason Eley, Interim City Attorney Meeting: February 22, 2011 Subject: Burdick Station Boiler Roof Replacement Item #’s: G-5 Presenter(s): Gary R. Mader, Utilities Director Background The roofing surfaces at the Burdick Generating Station are routinely inspected by staff and outside roofing consultants. If problems such as leakage are found, the consultant will recommend either repair or replacement of the roof, depending on its condition. Recent inspections have indicated water infiltrating and degradation of the roof over the Unit 3 boiler. This is the original roof system from the plant construction dating to 1970 and has been previously patched and repaired on multiple occasions. Because of the age and current condition of the roof, replacement was included in the 2010 – 2011 Electric Budget. Plant Engineering Staff developed specifications for removal of the existing materials and installation of a new membrane roofing system. Discussion The specifications for the Burdick Station Boiler Roof Replacement were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on February 8, 2011. Specifications were sent to five potential bidders and responses were received as listed below. The engineer’s estimate for this project was $70,000.00. Bidder Bid Price Tri-Cities Group, Grand Island, NE $ 40,755.00 Ziemba Roofing Company, Hastings, NE $ 42,892.00 Duff Roofing, Grand Island, NE $ 46,500.00 Weathercraft Co., Grand Island, NE $ 55,216.00 The bids were reviewed by utility staff for compliance with the City’s specifications. The low bid provided by Tri-Cities Group is compliant with the specifications and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for the Burdick Station Boiler Roof Replacement to Tri-Cities Group of Grand Island, Nebraska, as the low responsive bidder, with the bid price of $40,755.00. Sample Motion Motion to approve the bid award of $40,755.00 from Tri-Cities Group for the Burdick Station Boiler Roof Replacement as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: February 8, 2011 at 2:15 p.m. FOR: Burdick Station Boiler Roof Replacement DEPARTMENT: Utilities ESTIMATE: $70,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: January 29, 2011 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Weathercraft Co. Ziemba Roofing Company Grand Island, NE Hastings, NE Bid Security: Universal Surety Company Universal Surety Company Exceptions: None None Bid Price: Material: $24,897.40 $19,286.00 Labor: $25,234.00 $22,256.00 Sales Tax: $ 1,377.74 $ 1,350.00 Total Bid: $55,216.00 $42,892.00 Bidder: Tri-Cities Group Duff Roofing Grand Island, NE Grand Island, NE Bid Security: Inland Insurance Company $2,325.00 Exceptions: Noted Noted Bid Price: Material: $18,963.00 $27,514.00 Labor: $20,464.59 $17,467.00 Sales Tax: $ 1,327.41 $ 1,519.00 Total Bid: $40,755.00 $46,500.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent Mary Lou Brown, Interim City Administrator Pat Gericke, Utilities Admin. Assist. Larry Keown, Power Plant Supt. Karen Nagel, Utilities Secretary P1457 Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-40 WHEREAS, the City of Grand Island invited sealed bids for Burdick Station Boiler Roof Replacement according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 8, 2011, bids were received, opened and reviewed; and WHEREAS, Tri-Cities Group of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $40,755.00; and WHEREAS, the bid of Tri-Cities Group of Grand Island is less than the estimate for Burdick Station Boiler Roof Replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Tri-Cities Group of Grand Island Nebraska in the amount of $40,755.00 for Burdick Station Boiler Roof Replacement is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2011-41 - Approving Bid Award - Precipitator and Duct Cleaning at Platte Generating Station Tuesday, February 22, 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 Jason Eley, Interim City Attorney Meeting: February 22, 2011 Subject: Precipitator and Duct Cleaning Item #’s: G-6 Presenter(s): Gary R. Mader, Utilities Director Background The electrostatic precipitator at the Platte Generating Station is the air quality control equipment used to remove coal ash particulates from the plant’s boiler flue gas stream. Proper performance of this equipment is required as part of the plant’s operating permit. Due to volume and characteristics of the coal ash, the precipitator must be grit blasted twice a year to remove ash build-up to maintain ash removal performance allowing the plant to remain below permitted emission levels. In addition to maintaining performance, removal of the ash deposits also allows an inspection of the precipitator internal surfaces and components. The next scheduled outage for the plant is set for March of this year. Specifications were developed by the plant maintenance staff to include grit blasting of the electrostatic precipitator and bulk vacuuming of the associated ductwork. Discussion The specifications for the Precipitator and Duct Cleaning were issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on February 8, 2011. Specifications were sent to four bidders and responses were received from the following bidders. The engineer’s estimate for this project was $80,000.00. Bidder Bid Price W-S Industrial Services, Inc., Council Bluffs, IA $ 52,087.00 W.S. Bunch Company, Omaha, NE $ 54,194.00 F & H Coatings, LLC, Kechi, KS $ 65,367.38 Graycor, Homewood, IL $ 105,931.00 The bids were reviewed by plant staff for compliance with the City’s detailed specifications. The low bid provided by W-S Industrial Services is compliant with the specifications and less than the engineer’s estimate. W-S Industrial Services has successfully performed the specified work at the plant in the past. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the bid to W-S Industrial Services of Council Bluffs, Iowa, as the low responsive bidder, with the bid price of $52,087.00. Sample Motion Motion to approve the bid of W-S Industrial Services, Inc., in the amount of $52,087.00 for Precipitator and Duct Cleaning at Platte Generating Station. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: February 8, 2011 at 2:00 p.m. FOR: Precipitator and Duct Cleaning DEPARTMENT: Utilities ESTIMATE: $80,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: January 14, 2011 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: W-S Industrial Services, Inc. Graycor Council Bluffs, IA Homewood, IL Bid Security: Merchants Bonding Company Federal Insurance Company Exceptions: None Noted Bid Price: Material: $12,170.00 $66,221.00 Labor: $36,510.00 $39,710.00 Sales Tax: $ 3,407.00 --- . Total Base Bid: $52,087.00 $105,931.00 Bidder: W.S. Bunch Company F & H Coatings, LLC Omaha, NE Kechi, KS Bid Security: United Fire & Casualty Co. $3,270.00 Exceptions: None Noted Bid Price: Material: $ 2,500.00 $24,161.00 Labor: $51,514.00 $41,206.38 Sales Tax: $ 180.00 --- . Total Base Bid: $54,194.00 $65,367.38 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, Interim City Administrator Jason Eley, Purchasing Agent Karen Nagel, Utilities Secretary Pat Gericke, Utilities Admin. Assist. Tim Luchsinger, Assist. Utilities Director P1455 Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-41 WHEREAS, the City of Grand Island invited sealed bids for Precipitator and Duct Cleaning, according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 8, 2011, bids were received, opened and reviewed; and WHEREAS, W-S Industrial Services of Council Bluffs, Iowa, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $52,087.00; and WHEREAS, the bid of W-S Industrial Services, Inc., is less than the estimate for the Precipitator and Duct Cleaning. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of W-S Industrial Services in the amount of $52,087.00 for Precipitator and Duct Cleaning is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-42 - Approving Certificate of Final Completion - Water Main Project 2009-W-6 - Sixth Street, Elm to Pine Street Tuesday, February 22, 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 Meeting: February 22, 2011 Subject: Water Main Project 2009-W-6 Sixth Street, Elm Street to Pine Street Certificate of Final Completion Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background The project area is located in part of the Original Town of Grand Island. The work involved replacement of the 100 year old 4” water main with a new 8” water main and service lines. The project was jointly funded between the Utilities Department and a Community Development Block Grant. K2 Construction of Lincoln, Nebraska was awarded the construction contract for the project. Piping, infrastructure, and restoration has been completed, tested, and placed in service. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specifications for a total cost of $304,976.80. Attached is the Certificate of Final Completion. Grant funding totaled $238,634. 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 accept the Certificate of Final Completion for Water Main Project 2009-W-6; Sixth Street, Elm Street to Pine Street. Sample Motion Move to approve the Certificate of Final Completion for Water Main Project 2009-W-6; Sixth Street, Elm Street to Pine Street. Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-42 WHEREAS, the Interim Public Works Director/Utilities Director for the City of Grand Island has issued a Certificate of Final Completion for Water Main Project 2009-W-6 (Sixth Street between Elm Street and Pine Street) certifying that K2 Construction of Lincoln, Nebraska, under contract, has completed the water main installation portion of such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Interim Public Works Director/Utilities Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendations of the Interim Public Works Director/Utilities Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2009-W-6 is hereby accepted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2011-43 - Approving Consideration to Proceed with Uranium Removal Installation System Tuesday, February 22, 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 Meeting: February 22, 2011 Subject: Municipal Water System Uranium Removal Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background In 2003, a new EPA regulation established a Maximum Contaminate Level (MCL) for uranium in drinking water. Uranium is a naturally occurring element in the aquifers of Nebraska and other states across the nation. Implementation of the new MCL began with the sampling of the state’s municipal water systems in accordance with the EPA specified testing protocol. Samples of the Grand Island water supply for regulatory compliance were first taken in 2004. The sampling protocol requires testing on a rolling average, quarterly basis with the average of the most recent four tests being the number by which compliance is determined. Sampling and testing of the Grand Island water system thus far show full compliance with the EPA regulation. Uranium is naturally occurring in the aquifer in central Nebraska. Uranium is not an acute concern but rather is a concern over a lifetime of exposure. According to the Neb-Guide from the University of Nebraska, “....uranium in water supplies produces very little radioactivity, the health effects from exposure to uranium are primarily thought to be associated with the chemical properties of soluble uranium. Studies suggest that ingestion of high levels of uranium may be associated with an increased risk of kidney damage…Exposure to soluble uranium in drinking water has not been shown to increase the risk of developing cancer.” The City’s municipal water system is supplied primarily from its Platte River Well Field. This well field is comprised of 21 wells and a pumping station. Recent testing for State regulatory requirements has indicated composite uranium levels to be approaching the Maximum Containment Level (MCL) established by the EPA. Testing of individual wells for uranium has indicated most wells exceed this MCL. To allow use of these wells during high water system demand periods, additional piping was installed in the past year for blending with lower uranium concentration wells. As a proactive measure, in case uranium levels cannot be controlled below the new MCL by well blending, the Department, with our consultant for this project, HDR Engineering of Lincoln, has undertaken a more detailed investigation to determine uranium removal methods and evaluate those best suited for the Grand Island system. Factors in the evaluation included; the review of available technologies; amount of uranium removal; capital costs; operational costs; and waste disposal. HDR recently completed this evaluation of treatment options. The evaluation screened known water treatment methods and focused on coagulation/filtration, ion exchange, and adsorptive media as the most viable options for radionuclide removal. The recommendation of the evaluation was an adsorptive media system, and was presented at a meeting with Nebraska Health and Human Services, Nebraska Department of Environmental Quality, HDR, and City Utilities Staff in attendance. The use of this type of technology has been shown to be very effective in radionuclide removal, but its use has not been used in an application as large as would be required to treat Grand Island ’s water demand. The consensus at the meeting was that it may be useful to perform a large scale pilot program on selected wells at the Platte River Well Field. It is anticipated that a full capacity treatment system would be comprised of several modules the size of a pilot plant, therefore, utilization of the pilot plant could be incorporated into the final design solution. Based on the multiple phase structure of the uranium engineering services RFP, HDR was requested to provide a proposal for preparing specifications to issue for bids for an adsorptive media pilot plant. These specifications are for the components and accessories of an integrated treatment system. The suppliers for these systems are very specialized and details for the systems are not standard, therefore, the bidders may be required as part of the bidding process to perform small pilot demonstrations of their system’s effectiveness in radionuclide removal from Grand Island’s water. It is ant icipated that the next phase would be to design facilities and infrastructure modifications for installing the removal system and prepare specifications to issue for bids for installation contractors. Discussion The presentation of the results of the evaluation of the uranium options was made at the Council Study Session of January 18, 2011. A copy of the Executive Summary from the Engineer’s report is attached for reference. At the Study Session the Council had a number of questions regarding the issue and the Utilities Staff provided additional information after the initial presentation. Copies of the supplementary information are attached for reference. The matter is brought to the Council at this meeting for additional discussion and proposed action. The recommendation resulting from the HDR analysis is to install an absorptive media uranium removal system to treat the discharge from three of the 21 wells located at the City’s Platte River Wellfield. The reduction of uranium in those wells will provide a margin of safety in meeting the revised uranium MCL utilizing the current process of blending the waters prior to discharge to the municipal water distribution system. 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 a future date 4. Take no action on the issue Recommendation It is the recommendation of City Administration that the Utilities Department be directed to proceed with final design, development of specifications and solicitation of bids for an absorptive media uranium removal system and the installation of said system, in accordance with the City Purchasing Codes. Sample Motion Make a motion to direct the Utilities Department to proceed with the final design, development of specifications and solicitation of bids for an absorptive media uranium removal system and the installation of said system. Recent Nebraska Treatment Systems General Note: The MCL for Nitrate is 10 ppm. It is considered an acute (immediate) health hazard, primarily for infants and nursing mothers. The Administrative Order for nitrates usually includes the requirement for the water system to provide bottled water to customers. Location: Bridgeport River Basin: North Platte Treatment: MCL violations for nitrates, arsenic, and uranium. The city’s consultant recommended an ion exchange system for treatment system. They were allowed to discharge the waste to the North Platte River instead of the sewer system. The City has a 5-year permit to discharge to the river and is currently discharging over 30 ug/L. System serves approximately 1,500 people. Ion exchange was evaluated to be a higher cost option for GI in the HDR study. Utility sampling of the Platte River at Grand Island shows uranium levels near 30 ug/L. Location: Clarks River Basin: Platte Treatment: MCL violation for uranium. Opted to drill new wells as an alternative source. Test wells were low or non-detect for uranium. However, after pumping for producti on the system began to pull in uranium. The city will install an Adedge absorptive treatment system, which can be used as either an adsorptive media with disposal or regenerated as an ion exchange system. The system will be used as ion exchange and the NDEQ has approved construction of a retention lagoon to hold 100% of the liquid waste. System serves 350. Ion exchange was evaluated to be a higher cost option for GI in the HDR study. Location: Benkelman River Basin: Republican Treatment: MCL violation for arsenic and uranium. Arsenic will first be removed by Oxidation/Filtration followed by Ion exchange to treat for uranium. Proposed waste is to be sent to the city lagoon. All plans and specifications are currently under review by NDEQ and DHHS. System serves 1,000. Ion exchange was evaluated to be a higher cost option for GI in the HDR study. Location: Gering River Basin: North Platte Treatment: MCL violation for arsenic, gross alpha, and uranium. Developed a new well field five miles from town along North Platte River to be blended with in-town wells. Current blending has uranium levels around 27-28 ppb. Should uranium levels rise in the future, the city has planned a lime softening plant with disposal of solids going to the landfill. The HDR study eliminated lime softening after the preliminary screening because of high chemical costs and labor requirements for a system of GI’s size ($0.52 to $0.64/100cf). Location: Schuyler River Basin: Platte Treatment: MCL violation for nitrates and uranium. Constructed three new wells primarily to remedy the nitrate issue. New wells currently have uranium concentrations in the low 20’s. System serves approximately 5,000. Location: Village of Sutherland River Basin: North Platte Treatment: Construction of new well field located south of I-80 and the Platte River to remedy nitrate and uranium issues to replace in-town wells. System serves 1,200. Location: City of Laurel River Basin: Platte, via Logan Creek to the Elkhorn River Treatment: Construction of a new well outside of town to remedy selenium and uranium issues. System serves 870. Location: McCook River Basin: Republican Treatment: The water system had historical violations for nitrates, arsenic, and uranium. Ion exchange selected instead of reverse osmosis system or new well field. The city purchased property next to a former air force base for the well field, but the public had conce rns regarding future groundwater contaminants. The liquid waste stream from the ion exchange system was not allowed to be discharged to the Republican River because of high salinity. The selected disposal option was a deep earth injection well constructed at a cost of $1,000,000 with annual operating costs of $50,000. The cost of the injection well added $0.14/1000 gal ($0.10/100 cf) to the water rates. System serves 7410. Ion exchange was evaluated to be a higher cost option for GI in the HDR study. Location: Alda River Basin: Platte Treatment: Multiple violations of uranium MCL led to construction of a pumping station and pipeline for connection to the City of GI water system. Considered construction of new wells. System serves 650. WATER RATE COMPARISON January 20, 2011 Residential 1” Meter Per 100 cubic feet (ccf) Commercial 2” Meter Per 100 cubic feet (ccf) Industrial 6” Meter Per 100 cubic feet (ccf) Industrial 10” Meter Per 100 cubic feet (ccf) 5 50 100 500 8,000 68,422 76,484 Lincoln $9.66 $116.94 $151.81 $983.83 $14,568.31 $83,275.80 $93,071.13 MUD - *Winter *Summer $19.62 $64.57 $134.66 $721.58 $7,866.33 $60,051.90 $66,977.16 $19.62 $88.90 $164.43 $870.43 $7,866.33 $60,051.90 $66,977.16 North Platte $16.60 $76.52 $192.60 $814.39 $7,837.85 $63,614.24 $71,043.52 Norfolk $14.50 $69.97 $152.39 $733.83 $7,558.83 $62,542.85 $69,879.27 Fremont $15.32 $43.28 $163.78 $518.25 $6,168.25 $51,484.75 $57,531.25 Hastings $16.35 $62.25 $110.07 $626.74 $6,176.74 $50,889.02 $56,854.90 Columbus $10.60 $58.30 $121.45 $624.00 $7,599.00 $64,027.46 $71,525.12 Kearney $13.25 $69.50 $135.00 $674.91 $10,049.91 $85,619.31 $95,696.81 Grand Island – *Current rates *Increase$0.23 per ccf *Flat Increase (29%) $7.83 $41.10 $76.75 $338.35 $4,449.35 $36,775.12 $41,088.29 $8.98 $52.60 $99.75 $453.35 $6,289.35 $52,512.18 $58,679.61 $10.00 $53.03 $99.02 $436.55 $5,740.66 $47,448.15 $53,013.10 Greeley CO $23.71 $133.94 $245.74 $945.01 $13,960.21 $118,836.93 $132,803.33 Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-43 WHEREAS, in 2003, EPA implemented a new regulation establishing a maximum contaminate level (MCL) for uranium in drinking water; and WHEREAS, the City of Grand Island’s water system thus far is in full compliance with the EPA regulation, but uranium levels are close to the new standard; and WHEREAS, the consulting firm of HDR was hired to evaluate uranium reduction methods to ensure the City of Grand Island’s water system remains in full compliance with the EPA regulation; and WHEREAS, the proposed uranium reduction system engineering report was presented to Council at the Study Session of January 18, 2011; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Utilities Department is hereby directed to proceed with procurement and installation of an absorptive media uranium removal system to treat three wells at the Platte River Wellfield. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-44 - Approving Certificate of Final Completion for Irrigation Installation at Veterans Athletic Field Complex Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks & Recreation Director Meeting: February 22, 2011 Subject: Certificate of Final Completion Irrigation Installation for the New Veterans Athletic Field Complex Item #’s: G-9 Presenter(s): Steve Paustian, Parks & Recreation Director Background A contract was entered into with Nature’s Helper Sprinkler Systems from Omaha, Nebraska on September 21, 2009 for the irrigation installation at the new Veterans Athletic Field Complex. The original contract was for $169,165.00. Final project cost was $168,266.77, a decrease of $898.23. Discussion All work associated with this contract has been completed and it is appropriate at this time to close out the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the certificate of final completion and make final payment to Nature’s Helper Sprinkler Systems in the amount of $6,500.00. Sample Motion Move to close out the contract with Nature’s Helper Sprinkler Systems and make final payment in the amount of $6,500.00 to Nature’s Helper Sprinkler Systems. Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011 - 44 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for Irrigation Installation at the new Veterans Athletic Field Complex, certifying that Nature’s Helper Sprinkler Systems from Omaha, Nebraska, under contract dated September 21, 2009, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Parks and Recreation Director’s Certificate of Final Completion for Irrigation Installation at the new Veterans Athletic Field Complex is hereby confirmed. 2. That a warrant be issued from account no. 40044450-90122 in the total amount of $6,500.00 payable to Nature’s Helper Sprinkler Systems for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-45 - Approving Interlocal Agreement with Hall County for Aerial Photography Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, Regional Planning Director Meeting: February 22, 2011 Subject: Approving Interlocal Agreement with Hall County for Oblique Aerial Photography Item #’s: G-10 Presenter(s): Chad Nabity, Regional Planning Director Background The Geographic Information System (GIS) is used extensively by city staff and the public for information gathering and analysis. The GIS is a working tool for architects, banks, consultants, contractors, developers, general public, realtors, and many others. The aerial photos are one of the more popular and useful aspects of the GIS. The City has a collection of aerial photo sets dating back to 1938. However, unlike satellite or aerial images which provides orthogonal (straight down) views, Pictometry International Corp. specializes in oblique (an approximate 40 degree angle) image capture. As a result, buildings, properties and areas are identifiable and recognizable in a 3-D life-like appearance. Pictometry’s technology, products and images provide detailed visual images and measurement tools enabling users to see, measure and plan from the convenience of their computer desktop or by mobile remote access using a wireless internet connection. Discussion Hall County and the City of Grand Island have the opportunity to partner in providing high resolution aerial oblique photography across the entire County. Through this partnership the City will be able to collect aerial photography that is of higher quality and more useful to staff and the general public. Under the proposed contract with the County, Pictometry will deliver 4 inch resolution photography for the urbanized areas of Hall County including all of the urbanized area around Grand Island. The balance of Hall County will be flown with 12 inch photography. Four inch and twelve inch resolution refer to the diameter of the area represented by each pixel in the picture; pictures with four inch pixels are about 9 times more detailed than pictures with 12 inch pixels. Pictometry will take the photos in the spring of 2011 most likely between mid-March and mid- April when there is minimal snow cover but before the trees begin to leaf out. Departments and divisions of both Grand Island and Hall County will have access and license to use the photography and provide it to businesses and the general public. The proposed agreement between Hall County and Pictometry is for a period of 6 years with a flight in year 1 and year 4 of the contract. There is no penalty for cancelling the contract after the initial 3 year period before the second flight. With this agreement the City is committing to fund a portion of the project for the first 3 years. This can be reevaluated after the initial 3 year period. The City and County could choose to extend this agreement and continue with Pictometry or choose to discontinue the project. The City will be committing up to $53,000 to be paid to Hall County over the next 3 years in installments for pictures to be taken during the spring of 2011. Grand Island Public Works, Grand Island Utilities, Grand Island Fire and E911 are all committing towards the $53,000. The total cost of the project as proposed is $86,590 to be paid over three years and shared between the City and County. The City share of the proposed contract is $43,285, less than the $53,000 proposed by City departments. The proposed flight covers only areas in Hall County. Grand Island Utilities will have the option of requesting additional areas for photography to include those portions of the Grand Island Utilities district that are in Merrick County. This remaining $9,705 that City departments would set aside for this project would be used to pay for the additional photography. The additional photography would be done by Pictometry at the unit costs in the contract with Hall County but paid for by the City of Grand Island. The City of Grand Island spent over $110,000 for aerial photography in 2002. In 2004 the City entered into an agreement with the State of Nebraska and paid about $40,000 for updated photography. In 2007, the same area was flown again through a partnership with the State of Nebraska and Omaha’s Metropolitan Planning Agency at a cost of about $45,000. In 2010 the City entered into an agreement with the Central Platte NRD and several communities in or near the CPNRD and spent about $40,000 for aerial photography. The proposed plan will cost less than the 2002 photos but slightly more on an annual basis than the more recent photography from 2007 and 2010. One advantage of this photography over the old pictures is that new photography will show more than a straight down view, looking at the top of buildings. The perspective of these photos will provide additional information that will be useful for utilities, public works, planning, emergency management and first responders. This project represents another step in the creation of a vibrant and vital geographic informa tion system that is used by the City and the County as well as businesses and individuals within the City and the County and around the world. We have received complements and accolades on our GIS system from people all over the country that have worked in Grand Island and Hall County. 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 Interlocal Agreement as presented. Sample Motion Move to approve the Interlocal Agreement as presented. Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011 - 45 WHEREAS, the City of Grand Island, has a history of working with multiple local governments and State Agencies to provide quality aerial photography of Grand Island and the Grand Island Utilities District; and WHEREAS, this project involves cooperation between the City and the County and will result in a significant cost savings to both entities involved in this project, and WHEREAS, the City’s cost share of the project will be approximately $53,000; and WHEREAS, the City of Grand Island and the County of Hall, have indicated an interest in working together to provide high resolution oblique aerial photography for their respective jurisdictions, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperative Agreement by and between the City of Grand Island, and the County of Hall is hereby approved according to the terms set out in the agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Interlocal Cooperative Agreement on behalf of the City of Grand Island - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2011-35 - Consideration of Requesting the Nebraska Liquor Control Commission to Require El Diamante Night Club, 1600 South Eddy Street to Complete a Long Renewal Form Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Captain Pete Kortum City of Grand Island City Council Council Agenda Memo From: Captain Pete Kortum Meeting: February 22, 2011 Subject: El Diamante Liquor License Renewal Item #’s: I-1 Presenter(s): Captain Pete Kortum Background Liquor licenses are generally automatically renewed each year for licensees within the State of Nebraska. However, local governing bodies may request the Nebraska Liquor Commission to have a licensee submit a full application (commonly referred to as a long form). The police department is asking Council to make this request to the Nebraska Liquor Commission. El Diamante’s owner, Rafael Orozco, has been licensed as a Class I since March 22, 2005. Since that time the police department has found several violations of our local ordinances and state regulations. Many of these incidents involve minors who have consumed alcohol. According to the Nebraska Liquor Commission’s public web site, the El Diamante has had their license suspended for a total of 32 days in 2008 (fine paid). According to the Nebraska Liquor Control Commission public web site, Rafael Orozco is the registered agent for a liquor license issued to Rafa’s Tacos, 811 West 2nd, Grand Island. This business has been suspended for 56 days in 2005. Certain portions of City Code do NOT apply if the business “derives its principal business from the sale of services or commodities other than alcoholic liquor.” This has not been the case, however. On many occasions Mr. Orozco has told officers that he is not in violation since he serves food. While discussing the upcoming renewal process, Mr. Orozco informed Sergeant Dave Vitera that the El Diamante is contemplating a change to become primarily a restaurant. Also, an attorney representing Mr. Orozco informed the City’s legal department that the El Diamante plans to become primarily a restaurant. In our view, this information supports the police department’s past enforcement of City Code regarding unattended minors in the bar and non employees in the bar after closing. The Grand Island Police Department’s liquor license investigation is provided. The discussion will detail past violations. Discussion The El Diamante is usually open only on weekend dates. The number of violations is high when considered against a seven day a week business. Within the past 12 months, our department has issued (7) seven citations or made referrals for various violations. Past instances include: January 15, 2006 at 12:00 A.M. Officers responded to El Diamante regarding a possible assault. Club security pointed out an individual who had been caught drinking twice. The individual was cited for Minor in Consumption of Alcohol. The minor said he had been in the bar drinking for a couple of hours. February 26, 2006 at 12:59 A.M. The emergency center received a call about a physical fight at the El Diamante. An intoxicated 19 year old reported she was assaulted inside the club. The minor reported that various persons inside provided her with alcohol. The minor was cited for Minor in Consumption of Alcohol. Mr. Orozco was cited under City Code 4-20 for allowing an unattended minor in the bar after 9:00 P.M. Mr. Orozco claimed the minors could be in his club since he served food. March 11, 2006 at 11:37 P.M. officer performed a routine bar check. Officers contacted a 17 year old who was not with his parent or legal guardian. Mr. Orozco was cited for City Code 4-20. Orozco said he was under the impression the juvenile was there with his parents. April 9, 2006 at 12:44 A.M. Officers responded to a noise complaint. Officers found three individuals standing in club entrance. As the persons left, officers contacted them outside. One subject was jailed for Minor in Consumption of Alcohol. A second minor was referred for a probation violation for consuming alcohol. The parties denied drinking inside the El Diamante. September 17, 2006 at 12:51 A.M. Officers responded to El Diamante on a report of an assault. Officers found the victim bleeding after being struck with a beer bottle. Two individuals were arrested for felony assault. Two minors were arrested for misdemeanor assault and Minor in Consumption of Alcohol. September 23, 2006 at 11:19 P.M. Officers from Grand Island Police and the Hall County Sheriff’s Department performed a compliance check at El Diamante. Three minors were cited for Minor in Possession. Two of the three did not have any identification. One individual was removed after officers documented evidence of service to an intoxicated person. Also, three minors ages 17, 16, and 12 were removed who were not accompanied by parents or guardians. June 10, 2007 at 1:20 A.M. Officers responded to the El Diamante on a report of a loud vehicle. Two subjects were in the lot yelling and were in possession of alcohol. One was a minor and was arrested for Minor in Possession of Alcohol. December 2, 2007 at 12:11 A.M. Officers arrived at El Diamante on a report of loud music. Upon arrival the officer found security personnel breaking up a fight in a restroom. The officers jailed one of the participants for Mino r in Consumption and Prohibited Acts for a false I.D. card. April 6, 2008 at 1:56 A.M. Officers responded to an anonymous tip that persons were still drinking inside the bar after hours. Officers arrived to find 10-15 parked vehicles and other vehicles entering and leaving the lot. In addition, a person tried to enter the club but the doors were locked. Officer contacted an employee identifying themselves as officer requesting admittance. After five minutes, the officers were allowed entry. When asked why he didn’t let the officers in, the employee said he was new and wanted to get permission from Mr. Orozco. Officers discovered about 28 customers and two employees. Mr. Orozco said he was only serving food. The incident was referred to the Nebraska Liquor Commission. June 6, 2008 at 9:15 P.M. A compliance check was made at the El Diamante. Deputies reported two C.I.’s were sent in to attempt a purchase of alcohol. It was reported that Mr. Orozco sold to the minors. He was cited for two counts of selling to minors. Orozco denied selling to the minors. November 6, 2009 at 10:50 P.M. Officers conducted a bar check and discovered approximately 22 unattended minors. Officers found that alcohol was still being served. Employees claimed the minors were there for a fundraiser and were brought by parents, although officers determined they were unaccompanied at this time. The juveniles were removed. March 13, 2010 at 12:00 A.M. officer conducted a bar check. Officers observed an individual running from the El Diamante parking lot. The individual was jailed for Minor in Consumption of Alcohol. The individual denied being in the bar but was wearing a wrist band given by the El Diamante to those 21 years and older. He later admitted he was given the wrist band by security and he may have been drinking in the bar, but other people bought for him. September 12, 2010 at 1:25 A.M. Officers performed an afterhour’s bar check. The front door was locked and officers entered through the back door. Officers observed an individual drinking one beer and having a bucket of additional unopened beer in front of him. Orozco was cited for the sale and dispensing of alcohol after hours. Orozco said the person must have been hiding the beer from him. October 24, 2010 at 1:35 A.M. officers entered the El Diamante and discovered alcoholic beverages in front of several patrons. Mr. Orozco was cited for the offense. December 5, 2010 at 12:04 A.M. Officers conducted a bar check. Two individuals were found under age and unaccompanied by parent or guardian. There was no evidence of alcohol, and they left. While officers were there, four individuals that officers described as obviously underage entered without being checked. Officers referred Orozco for violation of City Code 4-20. December 5, 2010 at 1:37 A.M. Officers observed persons leaving the bar. Officers made entry and found patrons inside the bar eating. Mr. Orozco was referred for City Code 4-23. Unlawful Presence. December 19, 2010 at 1:26 A.M. Officers discovered numerous people who were not employees inside the bar. Mr. Orozco was referred for violation of City Code 4-23 Unlawful Presence. January 15, 2011 at 1:25 A.M. Officers observed approximately 20 people inside the bar after 1:25 A.M. Officers contacted several persons who identified themselves as minors and admitted they were not accompanied by parent or guardian. A situation arose where an officer had to tend to a potentially dangerous person, and the minors left without officers able to complete the documentation. Mr. Orozco was referred for violation of Section 4-23. On December 12, 2010, a shooting took place on the El Diamante premises. The El Diamante rented a room within the building but not connected to the main bar area. Officers found evidence of alcohol inside and outside of the rented room. Most attendees were minors. Officers did not find any employees of the El Diamante supervising the room or other grounds covered by the liquor license. The shooting remains under investigation. The pattern of violations demonstrates non-compliance to City Code and rules of the Nebraska Liquor Commission. The El Diamante presents potential danger for minors within the community and disruption to the neighborhood. The police department supports a request to the Nebraska Liquor Commission requiring a new application from El Diamante. 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 pass a resolution that a written request be sent to the Nebraska Liquor Control Commission that the owner of El Diamante make application for a new license. Sample Motion Move to approve a resolution whereby the City of Grand Island makes a written request to the Nebraska Liquor Control Commission that requires the owner of El Diamante to make application for a new license. Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-35 WHEREAS, El Diamante is located at 1600 South Eddy Street and has obtained a Class I Liquor License No. 65760 on March 22, 2005 which will expire on April 30, 2011; and WHEREAS, the Nebraska Liquor Control Act 53-135. Retail licenses; automatic renewal; conditions; licensed premises within annexed area; effect. States in part: “The commission may at any time require a licensee to submit an application, and the commission shall at any time require a licensee to submit an application if requested in writing to do so by the local governing body”; and WHEREAS, the Nebraska Liquor Act 53-117.08. License; suspend, cancel, or revoke; hearing; conviction; court; duty. States in part: “If any licensee violates the regulations adopted and promulgated by the commission or any lawful ordinance of the local governing body, the commissions may, after a proper hearing, suspend, cancel, or revoke the license” and WHEREAS, the City of Grand Island Code 4-20 and 4-23 are lawful ordinances governing licensed liquor establishments; and WHEREAS, evidence was presented through police reports demonstrating El Diamante’s violations of the above City Code; and WHEREAS, police records show the Grand Island Police Department has responded to 92 calls for service at this location since March 27, 2005, where numerous incidents involve other violations of State of Nebraska liquor laws; and WHEREAS: the owner, Rafael Orozco, has not demonstrated the type of management and control sufficient to insure the licensed business conforms to the provisions of the license. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a written request be sent to the Nebraska Liquor Control Commission requiring the owner of El Diamante, 1600 South Eddy Street liquor license to make application for a new license. Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-46 - Consideration of Requesting the Nebraska Liquor Control Commission to Require Rafa’s Tacos, 911 West 2nd Street to Complete a Long Renewal Form Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: February 22, 2011 Subject: Rafa’s Tacos Liquor License Renewal Item #’s: I-2 Presenter(s): Mary Lou Brown, Finance Director Background Liquor licenses are generally automatically renewed each year for licensees within the State of Nebraska. However, local governing bodies may request the Nebraska Liquor Commission to have a licensee submit a full application (commonly referred to as a long form). The Police and Finance departments are asking Council to make this request to the Nebraska Liquor Commission. Rafa’s Tacos, 811 West 2nd Street owner, Rafael Orozco, has been licensed as a Class I since September 16, 2004. According to the Nebraska Liquor Control Commission public web site, Rafael Orozco is the registered agent for a liquor license issued to Rafa’s Tacos, 811 West 2nd, Grand Island. This business has been suspended for 56 days in 2005 for supplying alcohol to minors. As of February 15th 2011 Rafa’s has failed to pay certain City taxes. This business has failed to pay over $6,400.46 to the City of Grand Island for food and beverage occupation taxes. There are limited exemptions to the occupation tax. Rafa’s does not fall within any of the exceptions. Liquor licenses may not be revoked once issued, because of unpaid occupation taxes. While discussing the upcoming renewal process, Mr. Orozco informed Sergeant Dave Vitera that the El Diamante is contemplating a change to become primarily a restaurant. Also, an attorney representing Mr. Orozco informed the City’s Legal Department that Mr. Orozco intends to move the restaurant portion of Rafa’s to the El Diamante, which would change the characteristic of Rafa’s for purposes of a liquor license. Discussion The Finance Department supports a request to the Nebraska Liquor Commission requiring a new application from Rafa’s Tacos. The violations of the City Code requiring Rafa’s to pay the occupation tax are not sufficient to cause the revocation of any license after a license is issued, but the pattern of violations and characteristics shown by Mr. Orozco are sufficient to request a long form application for renewal 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 pass a resolution that a written request be sent to the Nebraska Liquor Control Commission that the owner of Rafa’s Tacos, 811 West 2nd Street make application for a new license. Sample Motion Move to approve a resolution whereby the City of Grand Island makes a written request to the Nebraska Liquor Control Commission that requires the owner of Rafa’s Tacos, 811 West 2nd Street to make application for a new license. Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-46 WHEREAS, Rafa’s Tacos is located at 811 West 2nd Street and has obtained a Class I Liquor License No. 64352 on September 16, 2004 which will expire on April 30, 2011; and WHEREAS, the Nebraska Liquor Control Act 53-135. Retail licenses; automatic renewal; conditions; licensed premises within annexed area; effect. States in part: “The commission may at any time require a licensee to submit an application, and the commission shall at any time require a licensee to submit an application if requested in writing to do so by the local governing body”; and WHEREAS, the Nebraska Liquor Act 53-117.08. License; suspend, cancel, or revoke; hearing; conviction; court; duty. States in part: “If any licensee violates the regulations adopted and promulgated by the commission or any lawful ordinance of the local governing body, the commissions may, after a proper hearing, suspend, cancel, or revoke the license” and WHEREAS, the City of Grand Island Code 23-64 and 23-79 are lawful ordinances governing eating and drinking establishments; and WHEREAS, Rafa’s Tacos is not in compliance with payment of occupation taxes pursuant to the above City Code; and WHEREAS: the owner, Rafael Orozco, has not demonstrated the type of management and control sufficient to insure the licensed business conforms to the provisions of the license. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a written request be sent to the Nebraska Liquor Control Commission requiring the owner of Rafa’s Tacos, 811 West 2nd Street liquor license to make application for a new license. Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2011-47 - Consideration of Approving Funding of Economic Development Request for Standard Iron. Inc. Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Interim City Administrator Meeting: February 22, 2011 Subject: Approving Economic Development Incentive Agreement with Standard Iron, Inc. Item #’s: I-3 Presenter(s): Mary Lou Brown, Interim City Administrator Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Economic Development Corporation (GIEDC). The Economic Development Corporation has received an application from Standard Iron, Inc. for building expansion and additional employees. On January 13, 2011, the Executive Board of the GIEDC approved submission of the attached Economic Development Agreement to the Citizens Review Committee for consideration and recommendation. The CRC met on February 8, 2011 and approved the request and Agreement for recommendation to the City Council for final action and approval. Discussion Standard Iron, Inc., supplier of metal products to be used in the manufacture and final assembly of original equipment manufactured items has submitted the required application (see attached) for a total amount of $225,000.00. Proposed is the creation of 25 new jobs by December 31, 2012 with an average hourly wage of $13.00. Requested is $3,000.00 per new employee not to exceed 25 employees and $150,000.00 to assist with both a $1.7 million building expansion and $2 million in additional equipment for a total incentive request of $225,000.00. Standard Iron, Inc. currently has 98 employees and occupies 111,000 sq. ft. of plant space. A total of $225,000.00 of LB840 funds for an additional 53,000 sq. ft. of manufacturing space to be completed by July 2011 and 25 new employees is requested. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Economic Development Agreement with Standard Iron, Inc. 2. Do not approve the Economic Development Agreement with Standard Iron, Inc. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council consider the resolution authorizing the City to enter into the Economic Development Agreement with Standard Iron, Inc. Sample Motion Move to approve the resolution authorizing the City to enter into the Economic Development Agreement with Standard Iron, Inc. Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-47 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, Standard Iron, Inc. has applied for a forgivable loan for job incentive and infrastructure in the amount of $225,000.00 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation and was approved on February 8, 2011 by the Citizens Advisory Review Committee; and WHEREAS, Standard Iron, Inc. will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to Standard Iron, Inc. as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and Standard Iron, Inc., to provide $225,000.00 in economic assistance to Standard Iron, Inc., to be used for expanding its business in Grand Island is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item I4 #2011-48 - Dissolution of the Grand Island Area Solid Waste Agency Tuesday, February 22, 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: February 22, 2011 Subject: Dissolution of the Grand Island Area Solid Waste Agency Item #’s: I-4 Presenter(s): Gary R. Mader, Interim Public Works Director Background The Grand Island Area Solid Waste Agenc y was formed through an interlocal agreement between the City of Grand Island and Hall County on August 4, 1992. The primary purposes of the agreement were, to issue the revenue bonds necessary for the City to acquire the existing Transfer Station and Landfill properties from Hall County and to finance modifications of the Landfill to bring it into compliance with the then newly promulgated federal requirements for a RCRA Subtitle-D solid waste storage facility. Since the Agency was formed in 1992, and in accordance with the privisions of the Interlocal Agreement, the budgetary, operational and governance decisions pertaining to the Solid Waste Agency have been made by the Mayor and Council of the City of Grand Island. As stated in the Interlocal Agreement, “The Agency shall have a life of twenty-five (25) years, commencing with the date hereof; provided, however, if after bonds have been issued by the Agency and retired prior to such termination date, this Agreement and the existence of the Agency may be terminated at the option of the Mayor and Council”. Discussion On December 7, 2010 the City Council approved the redemption of Solid Waste refunding bonds, Series 2004. The bonds were called for payment on January 12, 2011. City Administration recommends the dissolution of the Grand Island Area Solid Waste Agency now that the redemption of the bonds has been accomplished. The purposes of the original agreement have been completed. The Agency may be terminated upon action by the City Council. In contacting the Hall County Board and Hall County Attorney neither had any concerns with terminating the interlocal agreement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the dissolutionment of the Grand Island Area Solid Waste Agency. Sample Motion Move to approve the dissolutionment of the Grand Island Area Solid Waste Agency. Approved as to Form ¤ ___________ February 18, 2011 ¤ City Attorney R E S O L U T I O N 2011-48 WHEREAS, on August 4, 1992 through an interlocal agreement between the City of Grand Island and Hall County the Grand Island Area Solid Waste Agency was formed; and WHEREAS, the interlocal agreement stated “The Agency shall have a life of twenty-five (25) years, commencing with the date hereof; provided, however, if after bonds have been issued by the Agency and retired prior to such termination date, this Agreement and the existence of the Agency may be terminated at the option of the Mayor and Council”; and WHEREAS, on January 12, 2011 the bonds were called for payment, and WHEREAS, City Administration recommends the dissolution of the Grand Island Area Solid Waste Agency. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Dissolution of the Grand Island Area Solid Waste Agency is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 22, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of February 9, 2011 through February 22, 2011 The Claims for the period of February 9, 2011 through February 22, 2011 for a total amount of $3,141,645.24. A MOTION is in order. Tuesday, February 22, 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 February 9, 2011 through February 22, 2011 for the Veterans Athletic Field Complex The Claims for the period of February 9, 2011 through February 22, 2011 for a total amount of $3,919.44 for the Veterans Athletic Field Complex. A MOTION is in order. Tuesday, February 22, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council