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04-26-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, April 26, 2011 Council Session Packet City Council:Mayor: Jay Vavricek 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 Diane Covey, Spirit of Life Church, 2304 Macron 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 "National Drinking Water Week 2011" May 1-7, 2011 Water is our most precious and valuable natural resource, of which life could not go on without it. It's uses are endless and it's up to us to protect our water from pollution by practicing water conservation and getting involved in local water issues. The Mayor has proclaimed the week of May 1-7, 2011 as "Drinking Water Week". See PROCLAMATION. Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Request from Iglesia Ebeneezer Church for a Conditional Use Permit for a New Church Facility Located at 502 East Capital Avenue Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: April 26, 2011 Subject: Request of Pastor Renee Lopez of Iglesia Ebeneezer Church for Approval of a Conditional Use Permit to Allow for the Construction and Operation of a Church at 502 E. Capital Avenue Item #’s: E-1 & H-1 Presenter(s): Craig Lewis , Building Department Director Background This request is for Council approval of a conditional use permit to allow for the construction and continued use of the property as a religious facility. The proposal is to construct a church on the property that is currently zoned T-A Transitional Agriculture. That zoning classification allows churches, educational, religious, cultural, or public service facilities as conditional uses, and requires the approval of the City Council in the form of a conditional use permit. Discussion The City Code identifies that uses such as a church within the T-A zoning classification come before the City Council at a public hearing to determine a finding of fact that the intended use would be in conformance with the intent and provisions of the code. The surrounding properties are farming and residential in nature with a mobile home park located immediately to the east of the property. It does not appear that the proposed use of the property would have a negative impact on the neighborhood. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. 1. Approve the request finding that the proposed application is and will continue to be in conformance with the purpose and intent of the zoning regulations. 2. Disapprove or /Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3. Approve the request with conditions and a finding of fact. 4. Refer the matter to a special committee for a determination of a finding of fact. Recommendation Approve the request finding that the proposed application does promote the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the request for a conditional use permit as presented in the council packet and that the meeting finding that the application conforms with the purpose of the zoning regulations. 04-11-09 09-11-09 BNSF Railroad Main Line BNSF Railroad Spur Capital Ave E Capital Trailer Ct518 518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518518 518 518 518 518 518 518 518 518 540508 548502518518 547539535519515511507 2698 535.5 ¯ Item E2 Public Hearing Concerning Acquisition of Utility Easement - South of the Intersection of 7th Street and Sky Park Road - Schmader Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: April 26, 2011 Subject: Acquisition of Utility Easement – Just South of the Intersection of 7th Street and Sky Park Road – Harold & Jeanette Schmader Item #’s: E-2 & G-4 Presenter(s): Tim Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Harold and Jeanette Schmader, located south of the intersection of 7th Street and Sky Park Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Midwest Hydraulic Services is expanding its business at 1925 East 4th. This easement will be used to place underground conduit, conductor, and a pad-mounted transformer to provide the electricity needed for the expansion of the business. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item G1 Approving Minutes of April 12, 2011 City Council Regular Meeting Tuesday, April 26, 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 April 12, 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 April 12, 2011. Notice of the meeting was given in The Grand Island Independent on April 6, 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, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard and John Gericke. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, and Public Works Director John Collins. INVOCATION was given by Pastor Charles Greggory, First Baptist Church, 811 West 10th Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Dillon Spies and Ashley Bykerk. City Administrator Mary Lou Brown commented on next Tuesday night’s Study Session which would be a presentation on Program Prioritization starting at 6:00 p.m. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Central Nebraska Public Health Month” April, 2011. Mayor Vavricek proclaimed the month of April, 2011 as “Central Nebraska Public Health Month”. Ryan King, Assistant Health Director with the Central District Health Department was present to receive the proclamation and commented briefly on the programs available to the public. Proclamation “National Library Week” April 10-16, 2011. Mayor Vavricek proclaimed the week of April 10-16, 2011 as “National Library Week”. Library Director Steve Fosselman was present to receive the proclamation and commented on the activities at the library. Presentation of Citizen Survey Results. Assistant to the City Administrator Shannon Oster gave a PowerPoint presentation overview of the results for the comprehensive citizen survey conducted in Grand Island earlier this year. Mentioned was the survey was random and the response rate of 38% was very good for this type of survey. Reviewed were several areas of the survey with outstanding results above the national benchmarks. These results would be tied into the budget program prioritization process. Highlights of the survey were: good employees, neighborhoods well liked, likely to remain and recommend Grand Island, recreation programs and parks were highly used, and high civic behaviors and volunteerism. Opportunities for improvement were: code enforcement, street maintenance, improve web site use and online tools, Grand Island as a place to retire, and youth services. Page 2, City Council Regular Meeting, April 12, 2011 PUBLIC HEARINGS: Public Hearing on Request from Whitey’s, Inc. dba Whit ey’s Sports Bar & Grill, 2118 North Webb Road for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “C” Liquor License had been received from Whitey’s, Inc. dba Whitey’s Sports Bar & Grill, 2118 North Webb Road. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 31, 2011; notice to the general public of date, time, and place of hearing published on April 2, 2011; no tice to the applicant of date, time, and place of hearing mailed on March 31, 2011; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Economic Development – Community Development Block Grant Application for Purchasing Equipment. Community Development Administrator Joni Kuzma reported that the City was eligible for an Economic Development – Community Development Block Grant for equipment purchases by Case New Holland in an amount of $605,000.00. Staff recommended approving the application. Marlan Ferguson, 2808 Apache Road spoke in support. No further public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9292 – Consideration of Authorizing Series 2011 Grand Island Facilities Corporation Building Bonds for Library Project #9293 – Consideration of Council Observation in Union Contract Negotiations be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Bruce Lefler representing Ameritas reported that Ordinance #9292 would replace the Library Project Building Bonds, Series 2005 in a principal amount of $7,000,000 with Refunding Building Bonds (Library Project), Series 2011 in the principal amount of $3,795,000. The new interest rate was 1.4040% with a savings of $215,499.38 to the City. Discussion was held regarding reducing the payment amount versus paying the bond off early. Explained was the Facilities Corporation’s involvement in this bond. Mr. Lefler stated that all bonds were sold locally. Motion by Haase, second by Carney to approve Ordinance #9292. City Clerk: Ordinance #9292 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. Page 3, City Council Regular Meeting, April 12, 2011 City Clerk: Ordinance #9292 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 #9292 is declared to be lawfully adopted upon publication as required by law. #9293 – Consideration of Council Observation in Union Contract Negotiations Councilmember Larry Carney reported that Ordinance #9293 would allow not more than five (5) councilmember’s to observe negotiations of each labor contract bargaining units to better understand the negotiation process and for more transparency. Motion by Niemann, second by Carney to approve Ordinance #9293. Comments made by Council in favor stated transparency in government and educational purposes. Comments made by Council in opposition were: it showed Council didn’t trust the process, more bodies in the room the dynamics change, may make it more difficult than it needed to be, and body language from the Council could be int imidating. Mentioned was that there needed to be better communication to the Council regarding negotiations and the City had a negotiation team who were professionals. Motion by Carney, second by Niemann to amend the Ordinance to remove the number five (5) and insert the number two (2) for Councilmember’s to attend negotiations. Discussion was held concerning the number of Councilmember’s present during negotiations and that this issued needed to be studied further. Human Resources Director Brenda Sutherland answered questions concerning the number of meetings held for negotiations. She stated it varied with each group. Mentioned was the plan to outsource with John Cripes from Lincoln to help with the negotiations. Upon roll call vote of the amendment, Councilmember’s Haase, Carney, Niemann, Donaldson, Dugan, and Gericke voted aye. Councilmember’s Ramsey, Gilbert, Nickerson, and Gard voted no. Motion adopted. City Clerk: Ordinance #9293 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Haase, Carney, Niemann, and Gericke voted aye. Councilmember’s Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gard voted no. Motion failed. CONSENT AGENDA: Consent Agenda items G-5 and G-11 were removed for further discussion. Motion by Ramsey, second by Gard to approve the Consent Agenda excluding items G-5 and G-11. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of March 22, 2011 City Council Regular Meeting. Approving Minutes of March 29, 2011 City Council Special Meeting. Page 4, City Council Regular Meeting, April 12, 2011 Approving Minutes of April 5, 2011 City Council Special Meeting/Study Session. Approving Appointment of David Wetherlit to Business Improvement District #8. #2011-80 – Approving the Sale of 2 Shares of SemGroup Corporation for a Value of $32.14 each. #2011-81 – Approving Economic Development – Community Development Block Grant Project for Purchasing Equipment for Case New Holland in an amount of $605,000.00. #2011-82 – Approving Appointment of Tim Luchsinger, Assistant Utilities Director, as the City’s Representative at the Nebraska Municipal Power Pool (NMPP). #2011-83 – Approving Amended & Restated Nebraska Public Power District and the City of Grand Island Electric Interconnection & Interchange Agreement. #2011-84 – Approving Bid Award for Burdick Reservoir Painting with Lindner Painting, inc. of Lincoln, Nebraska in an Amount of $394,120.00. #2011-86 – Approving Amendment No. 3 to the Agreement with Felsburg, Holt and Ullevig for Engineering Consulting Services for the Grand Island Quiet Zone Improvements for an Increase of $3,930.00 and a Revised Contract Amount of $50,330.00. #2011-87 – Approving 2011 VOCA Grant Application. #2011-88 – Approving MOU with Grand Island Campus of Central Community College for Mutual Aid. #2011-89 – Approving contract for Soft Drink Services for Aquatic Facilities with Coca Cola Bottling Company of Grand Island, Nebraska. #2011-90 – Approving Change Order No. 1 to Midwest Floor Covering of Lincoln, Nebraska for Installation of Vapor Barrier at the City Fieldhouse for an Increase of $34,159.00 and a Revised Contract Amount of $104,053.00. #2011-79 – Approving Redemption of Series 2005 Grand Island Facilities Corporation Building Bonds fo r the Library Project. Motion by Gilbert, second by Nickerson to approve Resolution #2011-79. Upon roll call vote, all voted aye. Motion adopted. #2011-85 – Approving Program Agreement with Nebraska Department of Roads for US-30 Drainage Improvement Project for an Estimated Cost of $876,696 with $327,985 being the responsibility of the City. Public Works Director John Collins answered questions concerning the accuracy of the total figures. Motion by Dugan, second by Gilbert to approve Resolution #2011-85. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, April 12, 2011 RESOLUTIONS: #2011-91 – Consideration of Request from Whitey’s, Inc. dba Whitey’s Sports Bar & Grill, 2118 North Webb Road for a Class “C” Liquor License and Liquor Manager Designation for Jeffrey Ric hardson, #47 Kuester Lake. This item related to the aforementioned Public Hearing. Motion by Ramsey, second by Gericke to approve Resolution #2011-91 contingent upon final inspections and completion of a stated approved alcohol server/seller program. Upon roll call vote, all voted aye. Motion adopted. #2011-92 – Consideration of Amendment to the Personnel Rules Regarding Computer Usage. Human Resources Director Brenda Sutherland and Andrew Duey, IT Consultant reported that the City of Grand Island needed to continue compliance with the “Payment Card Industry Data Security Standards” (PCI DSS) requirement. The Security Awareness and Acceptable Use Policy would be incorporated in the City’s Personnel Rules and Regulations, replacing Section 3.06. Discussion was held concerning if a breach occurred and the liability to the City. Mr. Duey stated it depended on a case by case basis. By approving this we would be less liable and the liability would be passed on to the company we contracted with. Interim City Attorney Jason Eley stated we were protected. Discussion was held regarding employee accountability. Ms. Sutherland gave an overview of the policy regarding personal use on public computers. Mentioned was moderate use. Mr. Duey stated we don’t have filter software but we do have monitoring software. City Administrator Mary Lou Brown commented that some departments make purchases on e-bay and the City was developing a social media policy. Motion by Carney, second by Gericke to approve Resolution #2011-92. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of March 23, 2011 through April 12, 2011, for a total amount of $3,048,736.79. Unanimously approved. Motion by Dugan, second by Nickerson to approve the Claims for the Period of March 23, 2011 through April 12, 2011 for the Veterans Athletic Field Complex for a total amount of $29.67. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:08 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of April 19, 2011 City Council Study Session Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION April 19, 2011 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on April 19, 2011. Notice of the meeting was given in the Grand Island Independent on April 13, 2011. Mayor Jay Vavricek called the meeting to order at 6:00 p.m. The following Councilmember’s were present: Chuck Haase, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson and Randy Gard. Councilmember’s Larry Carney, Scott Dugan, and John Gericke were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, and Public Works Director John Collins. INVOCATION was given by Mayor Vavricek followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Lauren Cantrell and Sarah Ronne. OTHER ITEMS: Presentation of Program Prioritization. City Administrator Mary Lou Brown reported that the City of Grand Island adopted a budget development methodology known as “Program Prioritization” for FY 2010/2011 budget. Introduced were John Johnson and Chris Fabian from the Center for Priority Based Budgeting who gave a PowerPoint presentation titled “Achieving Fiscal Health & Wellness”. Reviewed were the “Result Maps” and “Sub-Results/Definitions” approved for the FY 2010/2011 budget. The following Fiscal Health & Wellness achievements were presented. · Fiscal Health ? “Spend Within Our Means” ? Establish and Maintain Reserves ? Understand Variances (Budget vs. Actual) ? Transparent About the “True Cost of Doing Business” ? Incorporate Economic Analysis and Long-term Planning into Decision-Making · Long-term Fiscal Wellness ? Support Resource Allocation Decision Making with Prioritization of Programs ? Achieve Fiscal Health ? Value Programs Based on Evidence of their Influence on Results ? Identify Programs and Services ? Identify, Define and Value the Results of Government Page 2, City Council Study Session, April 19, 2011 Ongoing and One-time expenses and revenues chart was shown. Questions were answered concerning how the financial figures from the City could be used in the chart “picture”. Mr. Johnson stated this tool was based on an excel worksheet. Across the board cuts versus prioritization was mentioned with targeted cuts demonstrating a more strategic approach to managing the fiscal crisis. The following Key Objectives of Prioritization were presented: · Evaluate the services we provide, one versus another. · Better understand our services in the context of the cause-and-effect relationship they have on the organization’s priorities. · Provide a higher degree of understanding among decision-makers as they engage in a process to rank services based on priorities. · Articulate to people in the organization and to the public how we value our services, how we invest in our priorities, and how we divest ourselves of lower-priority services. Steps to Successful Prioritization were: 1. Determine Results 2. Clarify Result Definitions 3. Identify Programs and Services 4. Value Programs Based on Results 5. Allocate Resources Based on Priorities The following Result Maps and definitions were presented for Grand Island as prioritized by Council through last years budget: · Stewardship of the Environment ? Provides for the renewal of the environment through recycling and reuse ? Manages and mitigates factors that impact environmental quality and sustainability ? Promotes and regulates a clean, orderly and ecologically balanced community ? Controls and abates threats to the environment caused by nature ? Encourages energy conservation and efficiency through education, incentives and the provision of alternative solutions · Qua lity of Life ? Develops and maintains safe, reliable and efficient roadway, storm water and public transit infrastructure ? Provides opportunities and access to services that promote the health, safety, wellbeing and basic needs of its citizens ? Supports and encourages access to quality employment and educational opportunities to sustain the community ? Promotes and maintains an attractive place to live ? Provides opportunities and facilities for safe, inclusive and diverse recreational activities Page 3, City Council Study Session, April 19, 2011 ? Promotes cultural enrichment and diversity, supports the arts, and encourages events and activities that stimulate the community · Safe Community ? Protects its citizens, proactively prevents crime and enforces the law ? Encourages a community that feels safe, accepting and connected ? Proactively prepares, promptly alerts and swiftly responds to emergencies ? Protects the physical and environmental health of the community ? Facilitates and enhances safe transportation and mobility options · Strategic, Sustainable and Maintained Development ? Enhances its identity as a regional trade center and encourages tourism opportunities ? Recruits, retains and revitalizes a business community that provides opportunities for a skilled, quality workforce ? Encourages sustainable and affordable development supported by sufficient city services and infrastructure ? Promotes well-regulated, strategically planned and future-focused development ? Leverages regional and community partnerships · Governance ? Supports decision making with timely and accurate short term and long-range analysis ? Provides stewardship and manages sustainability over financial, human and physical resources ? Enhances and facilitates accountability, efficiencies, best practices and trust ? Provides assurance of regulatory and policy compliance ? Responds to the needs of internal and external stakeholders Mr. Johnson stated that tomorrow they would meet with the Department Directors to review the programs and services. Explained was the Individual Department Program Scorecard. Weighting factors were discussed compared to last year. Mr. Johnson stated they were almost identical. A new resource allocation tool was presented to answer the following questions: · What programs are truly “mandated” and how much does it cost to fulfill the mandate? · Are mandated programs being “over-delivered”? · What programs are citizens and businesses truly dependent on the government to provide? Are there other available service providers? · What programs are most appropriate to be funded by direct user fees? · What programs are experiencing a “change” in demand? City Administrator Mary Lou Brown commented that department director’s would meet tomorrow to continue with the program prioritization. Governance and scoring would be reviewed along with the size of programs. Page 4, City Council Study Session, April 19, 2011 Mr. Fabian answered questions concerning who would use these program tools. He stated department directors, administration, and council. Mr. Johnson stated the start of the budget process would be to identify the available revenues. Mentioned as an important part of this process was the peer review. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. RaNae Edwards City Clerk Item G3 Receipt of Official Documents - Pawnbroker’s Official Bonds for G.I. Loan Shop Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: April 26, 2011 Subject: Approving Renewal of Pawnbroker Official Bond Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business of pawnbroker are required to make application to the Mayor and City Council. Along with the application and fee, a bond is required which is to be approved by the Mayor and City Council. Each license expires on April 30th of each year and must be renewed prior to that date. Discussion G.I. Loan Shop, 1004 West Second Street has submitted their application, fee, and bond for renewal of their pawnbroker’s license. (See attached) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the renewals 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the application and bond for renewal of pawnbroker’s license. Sample Motion Move to approve the renewal applications and bonds for G.I. Loan Shop. Item G4 #2011-93 - Approving Acquisition of Utility Easement - South of the Intersection of 7th Street and Sky Park Road - Schmader This item relates to the aforementioned Public Hearing Item E-2. Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-93 WHEREAS, a public utility easement is required by the City of Grand Island, from Harold and Jeanette Schmader, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on April 26, 2011, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northeast corner of the Southeast Quarter (SE1/4) Section Ten (10), Township Eleven (11) North, Range Nine (9) West; thence running southerly along the easterly line of the Southeast Quarter (SE1/4) said Section Ten (10), a distance of fifty and eighty eight hundredths (50.88) feet to a particular northeast corner of Lot One (1), Schmader Second Subdivision; thence continuing southerly along a particular easterly line of Lot One (1) said Schmader Subdivision, a distance of two hundred sixty nine and twelve hundredths (269.12) feet to the ACTUAL Point of Beginning; thence deflecting right 91°16’46” and running westerly, a distance of seventy three and seventy one hundredths (73.71) feet to a point on the centerline of an existing easement described in Misc. Book 23, Page 201, recorded in the Register of Deeds Office, Hall County, Nebraska. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above-described easement and right-of-way containing a total of 0.034 acres, more or less, as shown on the plat dated 4/4/2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Harold and Jeanette Schmader, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2011-94 - Approving Bid Award - Water Main Project 2011-W- 1 - 7th Street and Clark Street Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Timothy Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Jason Eley, Interim City Attorney Meeting: April 26, 2011 Subject: Water Main Project 2011-W-1 7th Street from Elm Street to Clark Street & Clark Street from 7th Street to 9th Street Item #’s: G-5 Presenter(s): Timothy Luchsinger, Utilities Director Background The existing water system in the referenced project area is approximately 100 years old as documented by the Department’s infrastructure records and water service cards. Although the existing 4” diameter cast-iron main remains in relatively good condition, it does not meet today’s requirements for fire protection, nor current service standards. The contract provides for the installation of a new 8” diameter ductile-iron water main, new water service connections to each adjacent residential property, and the abandonment of the old 4” main. Upgrading the water main and service lines in the area will insure continued operation, service, and reliability for the next 100 years. The project is part of a Community Development Block Grant designated to help revitalize an area where the residents meet income guidelines established by the Nebraska Department of Economic Development. The grant provides $229,401.00 to be used toward this project, other related water main infrastructure improvements in the area, engineering, and administrative costs. Attached for reference is a map of the area covered by the Grant. Discussion The Engineer’s estimated for the project was $296,000.00. Bidding documents, specifications and plans were advertised in accordance with City Procurement Codes and issued to 15 contractors. Bids were received and publicly opened at 2:00 p.m. on April 14, 2011. Three firms submitted bids as outline below: Bidder As-Read Bid Amount Evaluated Bid Amount Diamond Engineering Co. $206,967.32 $206,907.32 Grand Island, Nebraska No Exceptions General Excavation $211,790.22 $211,790.22 Lincoln, Nebraska No Exceptions K2 Construction $248,891.47 $248,891.07 Lincoln, Nebraska No Exceptions The bids have been reviewed and evaluated and all are below the Project’s estimate. The bids from Diamond Engineering Company and from K2 Construction each contained miscalculations in the extension of the material quantity times unit price. The evaluated bid from the Diamond Engineering Company lowers their total bid by $60.00. The evaluated bid from K2 Construction lowers their bid by $0.40. The attached spreadsheet highlights the correct figures. 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 is sue Recommendation City Administration recommends that the Council award the Contract for Water Main Project 2011-W-1 to the low bidder, the Diamond Engineering Company of Grand Island, Nebraska in the amount of $206,907.32. Sample Motion Move to approve the Contract for Water Main Project 2011-W-1, in 7th Street from Elm Street to Clark Street, and in Clark Street from 7th Street to 9th Street, in the amount of $206,907.32, to the Diamond Engineering Company of Grand Island, Nebraska. ;1483&)6)40%’)(&=;%8)6()48 Water Main Project 2011-W-1Bids:4/14/2011 Seventh Street, from Elm St to Clark St - and Clark Street, from 7th St to 9th St Water Main Replacement. Diamond Engineering Co.General ExcavatingK2 Construction ITEMDESCRIPTIONQUANTITY EST.UNIT $TOTAL $UNIT $TOTAL $UNIT $TOTAL $ 1.018" d.i. pipe (r.j.) - trenchless installation1,390.8l.f.48.1066,897.4853.0073,712.4054.8376,257.56 1.028" d.i. pipe (s.j.) - trenched39.2l.f.38.551,511.1652.002,038.4087.083,413.54 1.036" d.i. pipe (s.j.)41.7l.f.34.801,451.1641.001,709.70130.575,444.77 1.048"x8"x8" m.j. tapping sleeve1.0ea.2,280.002,280.002,100.002,100.00854.51854.51 1.058"x8"x8" m.j. tee1.0ea.462.35462.35360.00360.00271.80271.80 1.068"x8"x6" m.j. tapping sleeve1.0ea.2,071.002,071.001,900.001,900.00749.91749.91 1.078"x8"x6" m.j. tee4.0ea.428.001,712.00320.001,280.00207.27829.08 1.088"x6" m.j. reducer2.0ea.217.00434.00200.00400.00127.29254.58 1.098" retainer gland0.0ea.110.000.0065.000.00100.000.00 1.108" sleeve coupling0.0ea.329.000.00110.000.00180.000.00 1.116"x6"x6" m.j. tapping sleeve1.0ea.1,929.001,929.001,900.001,900.00749.91749.91 1.126"x6"x6" m.j. tee1.0ea.392.00392.00300.00300.00182.66182.66 1.136" retainer gland0.0ea.95.000.0060.000.00125.000.00 1.146" sleeve coupling2.0ea.290.00580.00110.00220.00121.14242.28 1.158" r.s. tapping valve1.0ea.1,555.001,555.002,100.002,100.001,475.911,475.91 1.168" r.s. gate valve1.0ea.1,360.001,360.001,150.001,150.001,247.031,247.03 1.176" r.s. tapping valve2.0ea.1,065.002,130.001,800.003,600.00925.881,851.76 1.186" r.s. gate valve0.0ea.960.000.00550.000.001,175.000.00 1.19valve box4.0ea.201.60806.40200.00800.00149.88 599.52 1.20fire hydrant assembly5.0ea.2,150.0010,750.001,725.008,625.001,712.708,563.50 1.21thrust block9.0ea.132.801,195.20150.001,350.00180.751,626.75 1.22I-beam block3.0ea.652.00 1,956.00 1,080.003,240.00500.681,502.04 1.231" copper water service (complete)35.0ea.2,040.0071,400.001,490.0052,150.002,155.9575,458.25 1.248 mil polywrap1,471.7l.f.0.961,412.832.103,090.571.071,574.72 1.25abandon existing water main complete4.0ea.505.002,020.00870.003,480.001,975.007,900.00 1.26abandon water main in manhole complete3.0ea.208.00624.00380.001,140.002,026.676,080.01 1.27remove and salvage existing fire hydrant2.0ea.166.40332.80350.00700.00490.00980.00 1.28remove existing roadway265.8s.y.6.751,794.1510.002,658.0010.502,790.90 1.29replace concrete roadway265.8s.y.39.1010,392.7865.0017,277.0049.3013,103.94 1.30remove intergal curb121.6l.f.3.00364.805.00608.0017.502,128.00 1.31replace intergal curb121.6l.f.3.15383.0441.004,985.6029.393,573.82 1.32remove asph./conc. Driveway75.9s.y.6.55497.151.50113.8514.001,062.60 1.33replace asph./conc. Driveway75.9s.y.36.752,789.3314.001,062.6038.802,944.92 1.34remove concrete sidewalk1,109.0s.f.0.80887.201.001,109.003.503,881.50 1.35replace concrete sidewalk1,372.8s.f.5.507,550.405.006,864.004.916,740.45 1.36remove brick sidewalk263.9s.f.0.88232.231.00263.903.50923.65 1.37replace brick sidewalk0.0s.f.10.400.0011.000.0035.000.00 1.38saw cut111.6l.f.3.35373.864.50502.207.00781.20 1.39Residential Seeding10,000.0s.f.0.353,500.000.303,000.000.767,600.00 1.40Traffic Control1.00l.s.2,880.002,880.006,000.006,000.005,250.005,250.00 Evaluated Amount $206,907.32 $211,790.22 $248,891.07 As Read Amount$206,967.32$211,790.22$248,891.47 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: April 14, 2011 at 2:00 p.m. FOR: Water Main Project 2011-W-1 – 7th Street and Clark Street DEPARTMENT: Utilities ESTIMATE: $296,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: March 29, 2011 NO. POTENTIAL BIDDERS: 15 SUMMARY Bidder: Diamond Engineering Co. General Excavating Grand Island, NE Lincoln, NE Bid Security: Universal Surety Company Universal Surety Company Exceptions: None None Bid Price: $206,967.32 $211,790.22 Bidder: K2 Construction Lincoln, NE Bid Security: International Fidelity Ins. Co. Exceptions: None Bid Price: $248,891.47 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Tom Barnes, Eng. Manager P1471 Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-94 WHEREAS, the City of Grand Island invited sealed bids for Water Main Project 2011-W- 1; 7th Street from Elm Street to Clark Street and Clark Street from 7th Street to 9th Street, according to plans and specifications on file with the Utilities Department; and WHEREAS, on April 14, 2011, bids were received, opened and reviewed; and WHEREAS, the Diamond Engineering Company 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 $206,907.32; and WHEREAS, the bid of the Diamond Engineering Company is less than the estimate for Water Main Project 2011-W-1. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of the Diamond Engineering Company, in the amount of $206,907.32, for Water Main Project 2011-W-1, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2011-95 - Approving Bid Award - GT #1 Combustion Turbine Enclosure Painting Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Timothy Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy G. Luchsinger, Utilities Director Jason Eley, Assistant City Attorney Meeting: April 26, 2011 Subject: Combustion Turbine #1 (GT1) Combustion Turbine Enclosure Painting Item #’s: G-6 Presenter(s): Timothy G. Luchsinger, Utilities Director Background Combustion Turbine #1 (GT1) at Burdick Station was placed in service in 1968. Periodically the unit requires repainting due to exposure to the weather and plant operation. The unit was partially sandblasted and painted in 1998. Routine coating inspections by staff and coating consultants determined that continued protection of the enclosure will require sandblasting and recoating of the enclosure and appurtenances. Specifications for this work were developed by plant management staff. Discussion The specifications for the GT1 Combustion Turbine Enclosure Painting were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on April 7, 2011. Specifications were sent to 25 potential bidders and responses were received as listed below. The engineer’s estimate for this project was $85,000.00. Bidder Bid Price Lindner Painting, Inc., Lincoln, NE $ 73,370.00 W.S. Bunch Co., Omaha, NE $ 84,850.00 L&P Painting Co., Cedar Rapids, IA $ 92,362.00 TMI Coatings, St. Paul, MN $ 117,300.00 The bids were reviewed by utility staff. The bid from Lindner Painting, Inc. is compliant with specifications and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council award the Contract for GT1 Combustion Turbine Enclosure Painting to Lindner Painting, Inc., of Lincoln, Nebraska, as the low responsive bidder, with the bid price of $73,370.00. Sample Motion Move to approve the bid award of $73,370.00 from Lindner Painting, Inc., for the GT1 Combustion Turbine Enclosure Painting 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: April 7, 2011 at 2:00 p.m. FOR: GT1 Combustion Turbine Enclosure Painting DEPARTMENT: Utilities ESTIMATE: $85,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: March 24, 2011 NO. POTENTIAL BIDDERS: 25 SUMMARY Bidder: Lindner Painting, Inc. L & P Painting Co. Lincoln, NE Cedar Rapids, IA Bid Security: Merchants Bonding Company West Bend Mutual Ins. Co. Exceptions: None None Bid Price: Material: $14,350.00 $31,300.00 Labor: $58,015.00 $58,871.00 Sales Tax $ 1,005.00 $ 2,191.00 Total Bid: $73,370.00 $92,362.00 Bidder: TMI Coatings W.S. Bunch Co. St. Paul, MN Omaha, NE Bid Security: North American specialty Ins. Co. United Fire & Casualty Co. Exceptions: None None Bid Price: Material: $ 17,300.00 $19,070.00 Labor: $100,000.00 $64,345.00 Sales Tax -0- . $ 1,435.00 Total Bid: $117,300.00 $84,850.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, Interim City Administrator Larry Keown, PGS Karen Nagel, Utilities Secretary P1470 Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-95 WHEREAS, the City of Grand Island invited sealed bids for Combustion Turbine #1 (GT1) Combustion Turbine Enclosure Painting at Burdick Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on April 7, 2011, bids were received, opened and reviewed; and WHEREAS, Lindner Painting, Inc., of Lincoln, 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 $73,370.00; and WHEREAS, the bid of Lindner Painting, Inc., is less than the estimate for the GT1 Combustion Turbine Enclosure Painting at Burdick Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Lindner Painting, Inc., in the amount of $73,370.00 for GT1 Combustion Turbine Enclosure Painting, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-96 - Approving Parkview Well Superfund Site, Access Agreement Amendment #3 Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Timothy Luchsinger City of Grand Island City Council Council Agenda Memo From: Utilities Department Jason Eley, Interim City Attorney Meeting: April 26, 2011 Subject: Parkview Well Superfund Site, Access Agreement Amendment #3 Item #’s: G-7 Presenter(s): Timothy G. Luchsinger, Utilities Department Background As a part of the EPA program for remediation of the Parkview Superfund site groundwater contamination, the City entered into an agreement with EPA to allow the utilization of the City Right-of-Way (R-O-W) for the installation of several of the components of the remediation system and the installation of groundwater wells that are used for treatment of the contamination, for tracking the extent of the contamination and for monitoring the effectiveness of the remediation program. As time has passed during the investigation and construction of the remediation system, EPA has requested modifications to the initial agreement to allow additional facilities to be installed in the City R-O-W. The original agreement has been modified by two previous amendments. Amendment #1 – allowed the installation of additional monitoring wells in the Hagge and Country Club Subdivisions to the east of the Parkview Subdivision to track the movement of the leading edge of the contamination plume. Amendment #2 – allowed the installation of additional monitoring wells down gradient of the treatment injection wells located along North Road to provide sample points to monitor the effectiveness of the treatment. Attached for reference are: § The most recent request for modification of the agreement from EPA § Map of the wells added per Amendment #1 § Map of the wells added per Amendment #2 § Original agreement – Consent to Access for EPA Environmental Response (“Agreement”) Discussion EPA had requested that the original agreement again be amended to grant permission for EPA to install two additional monitoring wells in the Parkview Subdivision. The purpose of the new monitoring points is to determine the northern boundary of the contamination plume, and to monitor the performance of the extraction well remediation system currently in service in that area. The two new monitor wells would be installed at the intersection of Park Drive and Blaine Street, and at the intersection of Commerce Avenue and Blaine Street, as shown on the map accompanying the EPA’s proposed Amendment #3. Monitoring at each of the two locations consists of a three level cluster, so that the plume can be measured at varying depths (shallow, medium and deep). 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 proposed Amendment #3 to the Consent to Access for EPA Environmental Response Action (“Agreement”). Sample Motion Move to approve Amendment #3 to the Consent to Access for EPA Environmental Response Action (“Agreement”). Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-96 WHEREAS, on July 14, 2009 the City entered into an agreement with EPA to allow utilization of City Right-of-Way for the installation of several of the components of the remediation systems and the installation groundwater monitoring wells to be used to measure the effectiveness of the remediation systems associated with the Parkview Superfund Site; and WHEREAS, EPA has initiated operation of remediation systems; and WHEREAS, EPA wishes to install additional groundwater monitoring wells in the City Right-of-Way in the Parkview Subdivision to monitor the groundwater contamination plume; and WHEREAS, Amendment #3 to original CONSENT TO ACCESS FOR EPA ENVIRONMENTAL RESPONSE ACTION (“AGREEMENT”) is recommended to allow the additional monitoring wells. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment #3 to the CONSENT TO ACCESS FOR EPA ENVIRONMENTAL RESPONSE ACTION (“AGREEMENT”), is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2011-97 - Approving EPA Representation Agreement - Assigning new Designated Representative and Alternate Designated Representative Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Timothy Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy G. Luchsinger, Utilities Director Jason Eley, Assistant City Attorney Meeting: April 26, 2011 Subject: EPA Representation Agreement – Assigning New Designated Representative and Alternate Designated Representative Item #’s: G-8 Presenter(s): Timothy Luchsinger, Utilities Director Background In 1990, Congress instituted a much expanded program of emission control, monitoring and reporting for major fossil burning facilities with passage of the Clean Air Act Amendments of 1990. At the time, the primary focus of the increased regulation was on sulfur emissions and the creation of the new sulfur emission accounting and trading program known as the Acid Rain Program. Among the new requirements were; · Installation of continuous monitoring equipment on fuel burning equipment · Extensive reporting of emissions and monitoring equipment performance and calibration · Creation of the sulfur emission trading system · Assignment of emission allowances to existing facilities · Development of trading and sale provisions to produce a market system for trading the newly created commodity of sulfur allowances · Detailed specifications for equipment operational accuracy and reliability with extensive reporting requirements · And other provisions included in this major legislation Being operators of fossil fueled power plants, the City was included under the new regulatory requirements. The 1990 Amendments shifted regulatory compliance from obligating subject facilities to meet limits established by EPA, to requiring much expanded monitoring and reporting to demonstrate emission limit compliance with penalties associated with any failures in the monitoring and reporting, without regard for the actual emission. With the much more complex requirements, the 1990 Amendments required the owner or operator of a source to appoint a “Designated Representative” who was to have control and responsibility for the newly enacted regulatory compliance processes, and an “Alternate Designated Representative” to act in the event the Designated Representative is not available. Designated Representative Responsibilities; Environmental Protection Agency rules governing the Designated Representative are set forth in 40 CFR §72.20, Subpart B. These rules include the following: 1. The Designated Representative is defined as a “responsible person or official authorized by the owner and operator of a unit to represent the owner and operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit. 2. That the Designated Representative “by his or her actions, inactions, or submissions, legally bind each owner and operator of the affected source…” 3. That the “… owners and operators shall be bound by any order issued to a Designated Representative by the Administrator, the permitting authority, or the court.” 4. That “…where a particular violation resulted from acts or omissions that are within the scope of the Designated Representative’s responsibilities, he will be subject to liability for that violation.” In the case of municipal ownership of power plants, there is an apparent conflict between the federal mandate to have a Designated Representative who is a “natural person” and who can “legally bind” and “be subject to liability for violation”; and Nebraska law which does not permit the City Council to delegate its authority to any individual. A notation to that affect was made on the required document submitted to EPA. After evaluation by the Utilities Department and the Legal Department of the City, the decision was made to appoint the Utilities Director as the Designated Representative (DR) and the Assistant Utilities Director-Production Division as the Alternate Designated Representative (ADR). The appointments were made by the City Council at a regular session in December of 1994, by execution of a Representative Agreement document. Discussion With the recent retirement of Gary Mader and subsequent promotion of Tim Luchsinger as Utilities Director, the City must appoint a new DR and ADR to fulfill EPA requirements. The appointment of the Utilities Director as the DR will remain as before, however, as the position of Assistant Utilities Director is unassigned pending a review of Department staffing requirements, it was determined that the position of Regulatory and Environmental Manager is a legally acceptable alternate position to serve as the ADR. The Regulatory and Environmental Manager is responsible for monitoring and ensuring compliance with environmental regulatory programs at Utilities Department facilities and the position is currently filled by Emily Muth. Attached is a revised “Representation Agreement” that provides for the appointments of Tim Luchsinger as the Designated Representative and Emily Muth as the Alternate Designated Representative. Also attached are the Certificate of Representation to be executed by the DR and ADR, an excerpt from the Federal Register 40 CRF §72.20 Subpart B-Designated Representative, and the Certificate of Representation for Platte Generating Station, and C.W. Burdick Generating Station. 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 Representation Agreement to the appointments of Timothy G. Luchsinger as Designated Representative and Emily C. Muth as Alternate Designated Representative. Sample Motion Move to approve the Representation Agreement appointing the Designated Representative and Alternate Designated Representative for the City of Grand Island in compliance with the Clean Air Act and Environmental Protection Agency regulation as submitted. Title 40: Protection of Environment PART 72—PERMITS REGULATION Subpart B—Designated Representative §72.20 Authorization and responsibilities of the designated representative. (a) Except as provided under §72.22, each affected source, including all affected units at the source, shall have one and only one designated representative, with regard to all matters under the Acid Rain Program concerning the source or any affected unit at the source. (b) Upon receipt by the Administrator of a complete certificate of representation, the designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the affected source represented and each affected unit at the source in all matters pertaining to the Acid Rain Program, not withstanding any agreement between the designated representative and such owners and operators. The owners and operators shall be bound by any order issued to the designated representative by the Administrator, the permitting authority, or a court. (c) T he designated representative shall be selected and act in accordance with the certifications set forth in §72.24(a) (4), (5), (7), and (9). (d) No Acid Rain permit shall be issued to an affected source, nor shall any allowance transfer be recorded for an Allowance Tracking System account of an affected unit at a source, until the Administrator has received a complete certificate of representation for the designated representative of the source and the affected units at the source. [58 FR 3650, Jan. 11, 1993, as amended at 71 FR 25378, Apr. 28, 2006] §72.21 Submissions. (a) Each submission under the Acid Rain Program shall be submitted, signed, and certified by the designated representative for all sources on behalf of which the submission is made. (b) In each submission under the Acid Rain Program, the designated representative shall certify, by his or her signature: (1) The following statement, which shall be included verbatim in such submission: “I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made.” (2) The following statement, which shall be included verbatim in such submission: “I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.” (c) The Administrator and the permitting authority shall accept or act on a submission made on behalf of owners or operators of an affected source and an affected unit only if the submission has been made, signed, and certified in accordance with paragraphs (a) and (b) of this section. (d)(1) The designated representative of a source shall serve notice on each owner and operator of the source and of an affected unit at the source: (i) By the date of submission, of any Acid Rain Program submissions by the designated representative and (ii) Within 10 business days of receipt of a determination, of any written determination by the Administrator or the permitting authority, (iii) Provided that the submission or determination covers the source or the unit. (2) The designated representative of a source shall provide each owner and operator of an affected unit at the source a copy of any submission or determination under paragraph (d)(1) of this section, unless the owner or operator expressly waives the right to receive such a copy. (e) The provisions of this section shall apply to a submission made under parts 73, 74, 75, 76, 77, and 78 of this chapter only if it is made or signed or required to be made or signed, in accordance with parts 73, 74, 75, 76, 77, and 78 of this chapter, by: (1) The designated representative; or (2) The authorized account representative or alternate authorized account representative of a compliance account. [58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17113, Apr. 4, 1995; 70 FR 25334, May 12, 2005] §72.22 Alternate designated representative. (a) The certificate of representation may designate one and only one alternate designated representative, who may act on behalf of the designated representative. The agreement by which the alternate designated representative is selected shall include a procedure for the owners and operators of the source and affected units at the source to authorize the alternate designated representative to act in lieu of the designated representative. (b) Upon receipt by the Administrator of a complete certificate of representation that meets the requirements of §72.24 (including those applicable to the alternate designated representative), any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be an action, representation, or failure to act by the designated representative. (c) In the event of a conflict, any action taken by the designated representative shall take precedence over any action taken by the alternate designated representative if, in the Administrator's judgement, the actions are concurrent and conflicting. (d) Except in this section, §72.23, and §72.24, whenever the term “designated representative” is used under the Acid Rain Program, the term shall be construed to include the alternate designated representative. (e)(1) Notwithstanding paragraph (a) of this section, the certification of representation may designate two alternate designated representatives for a unit if: (i) The unit and at least one other unit, which are located in two or more of the contiguous 48 States or the District of Columbia, each have a utility system that is a subsidiary of the same company; and (ii) The designated representative for the units under paragraph (e)(1)(i) of this section submits a NOXaveraging plan under §76.11 of this chapter that covers such units and is approved by the permitting authority, provided that the approved plan remains in effect. (2) Except in this paragraph (e), whenever the term “alternate designated representative” is used under the Acid Rain Program, the term shall be construed to include either of the alternate designated representatives authorized under this paragraph (e). Except in this section, §72.23, and §72.24, whenever the term “designated representative” is used under the Acid Rain Program, the term shall be construed to include either of the alternate designated representatives authorized under this paragraph (e). [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 71 FR 25378, Apr. 28, 2006] §72.23 Changing the designated representative, alternate designated representative; changes in the owners and operators. (a) Changing the designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation. Notwithstanding any such change,all representations, actions, inactions, and submissions by the previous designated representative prior to the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and on the owners and operators of the source represented and the affected units at the source. (b) Changing the alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative prior to the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative and on the owners and operators of the source represented and the affected units at the source. (c) Changes in the owners and operators. (1) In the event an owner or operator of an affected source or an affected unit is not included in the list of owners and operators submitted in the certificate of representation, such owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the designated representative and any alternative designated representative of the source or unit, and the decisions, actions, and inactions of the Administrator and permitting authority, as if the owner or operator were included in such list. (2) Within 30 days following any change in the owners and operators of an affected unit, including the addition of a new owner or operator, the designated representative or any alternative designated representative shall submit a revision to the certificate of representation amending the list of owners and operators to include the change. [58 FR 3650, Jan. 11, 1993, as amended at 71 FR 25378, Apr. 28, 2006] §72.24 Certificate of representation. (a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the affected source and each affected unit at the source for which the certificate of representation is submitted, including identification and nameplate capacity of each generator served by each such unit. (2) The name, address, and telephone and facsimile numbers of the designated representative and any alternate designated representative. (3) A list of the owners and operators of the affected source and of each affected unit at the source. (4) The following statement: “I certify that I was selected as the ‘designated representative’ or ‘alternate designated representative,’ as applicable, by an agreement binding on the owners and operators of the affected source and each affected unit at the source.” (5) [Reserved] (6) The following statement: “I certify that I have all necessary authority to carry out my duties and responsibilities under the Acid Rain Program on behalf of the owners and operators of the affected source and of each affected unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions.” (7) [Reserved] (8) The following statement: “I certify that the owners and operators of the affected source and of each affected unit at the source shall be bound by any order issued to me by the Administrator, the permitting authority, or a court regarding the source or unit.” (9) The following statement: “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, an affected unit, or where a utility or industrial customer purchases power from an affected unit under a life-of-the-unit, firm power contractual arrangement, I certify that: (i) “I have given a written notice of my selection as the ‘designated representative’ or ‘alternate designated representative’, as applicable, and of the agreement by which I was selected to each owner and operator of the affected source and of each affected unit at the source; and (ii) “Allowances and proceeds of transactions involving allowances will be deemed to be held or distributed in proportion to each holder's legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of allowances by contract, that allowances and the proceeds of transactions involving allowances will be deemed to be held or distributed in accordance with the contract.” (10) [Reserved] (11) The signature of the designated representative and any alternate designated representative who is authorized in the certificate of representation and the date signed. (b) Unless otherwise required by the Administrator or the permitting authority, documents of agreement or notice referred to in the certificate of representation shall not be submitted to the Administrator or the permitting authority. Neither the Administrator nor the permitting authority shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted. [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 71 FR 25378, Apr. 28, 2006; 70 FR 25334, May 12, 2005; 72 FR 59205, Oct. 19, 2007] §72.25 Objections. (a) Once a complete certificate of representation has been submitted in accordance with §72.24, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate is received by the Administrator. (b) Except as provided in §72.23, no objection or other communication submitted to the Administrator or the permitting authority concerning the authorization, or any representation, action, inaction, or submission, of the designated representative shall affect any representation, action, inaction, or submission of the designated representative, or the finality of any decision by the Administrator or permitting authority, under the Acid Rain Program. In the event of such communication, the Administrator and the permitting authority are not required to stay any allowance transfer, any submission, or the effect of any action or inaction under the Acid Rain Program. (c) Neither the Administrator nor any permitting authority will adjudicate any private legal dispute concerning the authorization or any submission, action, or inaction of any designated representative, including private legal disputes concerning the proceeds of allowance transfers. [58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 71 FR 25378, Apr. 28, 2006] §72.26 Delegation by designated representative and alternate designated representative. (a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission (in a format prescribed by the Administrator) to the Administrator provided for or required under this part and parts 73 through 77 of this chapter. (b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission (in a format prescribed by the Administrator) to the Administrator provided for or required under this part and parts 73 through 77 of this chapter. (c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragr aph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”); (3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and (4) The following certification statements by such designated representative or alternate designated representative, as appropriate: (i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 72.26(d) shall be deemed to be an electronic submission by me.” (ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 72.26(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 72.26 is terminated.” (d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority. (e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation. [71 FR 25378, Apr. 28, 2006] Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-97 WHEREAS, the City of Grand Island’ Platte Generating Station and C. W. Burdick Power Station are subject to regulation under the Clean Air Act, as amended; WHEREAS, in 1990, Congress instituted an expanded program of emission control, monitoring and reporting for major fossil burning facilities with passage of the Clean Air Act Amendments of 1990; and WHEREAS, as a requirement of the Clean Air Act Amendments of 1990, an appointment of a “Designated Representative” is necessary to have control and responsibility for the enacted regulatory compliance process. It is further required that an “Alternate Designated Representative” be appointed to act in the event the Designated Representative is not available; and WHEREAS, it would be in the best interest of the City to appoint Utilities Director Tim Luchsinger as the Designated Representative and Regulatory and Environmental Manager, Emily Muth as the Alternate Designated Representative. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the appointments of Utilities Director Timothy Luchsinger as Designated Representative and Regulatory and Environmental Manager Emily Muth at Alternate Designated Representative for the City of Grand Island, in compliance with the Clean Air Act and Environmental Protection Agency regulation are hereby approved. BE IF FURTHER RESOLVED THAT the Mayor is hereby authorized and directed to execute the Representation Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-98 - Approving Change Order No. 1 for Handicap Ramp Project No. 2010-1 Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: April 26, 2011 Subject: Approving Change Order No. 1 for Handicap Ramp Project No. 2010-1 Item #’s: G-9 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company, of Grand Island, Nebraska was awarded a $169,331.42 contract on February 8, 2011. The contract was for the installation of handicap ramps, in conjunction with street resurfacing in accordance with Federal ADA (Americans with Disabilities Act) regulations. Discussion During the installation of the handicap ramps the sidewalk, pavement and integral curb at the Locust Street and Fonner Park Road intersection was found to be thicker than anticipated. The concrete sidewalk at this location was found to be 6” thick, instead of the normal 4” thickness; while the concrete pavement was 9” thick rather than the 6” thickness most city streets have. The integral curb was then installed to match the existing curb that was part of the 9” pavement. This extra thickness was not included in the original request for bids. The extra work adds a total cost of $11,870.00 to the project. There are sufficient funds in account no. 10033506-85351. 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 Change Order No. 1 for Handicap Ramp Project No. 2010-1. Sample Motion Move to approve the resolution. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: April 26, 2011 PROJECT : Handicap Ramp Project No. 2010-1 CONTRACTOR: The Diamond Engineering Company CONTRACT DATE: February 8, 2011 During the installation of the handicap ramps the sidewalk, pavement and integral curb at the Locust Street and Fonner Park Road intersection was found to be thicker than anticipated. The concrete sidewalk at this location was found to be 6” thick, instead of the normal 4” thickness; while the concrete pavement was 9” thick rather than the 6” thickness most city streets have. The integral curb was then installed to match the existing curb that was part of the 9” pavement. · Replace 50 square yards of 6” Portland Cement Concrete @ $30.00/s.y. $1,500.00 · Remove 200 square yards of 9” Portland Cement Concrete @ $6.85/s.y. $1,370.00 · Replace 200 square yards of 9” Portland Cement Concrete @ $42.00/s.y. $8,400.00 · Install 150 linear feet of Integral Curb on 9” Portland Cement Concrete @ $4.00/l.f. $ 600.00 $11,870.00 The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ...................................................................................... $169,331.42 Net Increase/Decrease Resulting from this Change Order .............................................................. $ 11,870.00 Revised Contract Price Including this Change Order ....................................................................... $181,201.42 Approval Recommended: By_______________________________________ John Collins, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: The Diamond Engineering Company____ By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-98 WHEREAS, on February 8, 2011, by Resolution 2011-33, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $169,331.42 for Handicap Ramp Project No. 2010-1; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1, and WHEREAS, it is recommended that modifications to the work to be done by The Diamond Engineering Company are necessary; and WHEREAS, the result of such modifications will increase the contract amount by $11,870.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications set out as follows: · Replace 50 square yards of 6” Portland Cement Concrete @ $30.00/s.y. $1,500.00 · Remove 200 square yards of 9” Portland Cement Concrete @ $6.85/s.y. $1,370.00 · Replace 200 square yards of 9” Portland Cement Concrete @ $42.00/s.y. $8,400.00 · Install 150 linear feet of Integral Curb on 9” Portland Cement Concrete @ $4.00/l.f. $ 600.00 $11,870.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-99 - Approving Closing of Elm Street Crossing at the Union Pacific Railroad Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, Public Works Project Manager Meeting: April 26, 2011 Subject: Approving Closing of Elm Street Crossing at the Union Pacific Railroad Item #’s: G-10 Presenter(s): John Collins, Public Works Director Scott Griepenstroh, Public Works Project Manager Background The purpose of the Grand Island Quiet Zone Improvement Project, Phase I is to develop improvements at the Union Pacific Railroad (UPRR) crossings at Oak Street, Pine Street, Walnut Street and Elm Street so that train horns will not need to be activated for these crossings. “Silent” crossings will be created at Oak Street and Pine Street by constructing concrete medians and concrete curb to narrow the streets at the crossing approaches. Walnut Street will have a Wayside Horn System installed and concrete curb will be constructed to narrow the street. As approved by Council Resolution 2011-64, March 8, 2011, the Elm Street railroad crossing, located on Union Pacific Railroad, Kearney Subdivision, Railroad Milepost 147.08, DOT # 817623U shall be closed as part of the Grand Island Quiet Zone Improvements Project. The limits of the street closure will be 25’ south of the Eastbound Mainline Union Pacific Railroad Track and 25’ north of Sid ing Track 703 as shown in Exhibit A. The closure of Elm Street will not occur until planned improvements are completed at Walnut Street, Pine Street and Oak Street for the Grand Island Quiet Zone Improvements Project. Public Works will develop agreements with Union Pacific Railroad (UPRR), the Nebraska Department of Roads (NDOR) and Gavilon dba Peavey Grain (Gavilon) to participate in the costs for the closure of Elm Street. UPRR will pay up to $20,000 for actual closure costs. NDOR will pay $5,000 for the closure and up to $12,000 for actual closure costs. Gavilon will pay $2,000 for the closure and up to $13,000 for the actual closure costs, including costs for engineering. It is anticipated that no City funds will be required to pay for the closure. Discussion In order for Public Works to proceed with development of agreements with UPRR, NDOR and Gavilon for their participation in costs for the closing of the Elm Street crossing, the City of Grand Island is required to adopt a resolution to close the crossing. 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 Council approve the resolution for closing Elm Street Crossing. Sample Motion Move to approve the resolution. R E S O L U T I O N 2011-99 WHEREAS, the Mayor and City Council of Grand Island has determined that it is in the best interest of the City to close a railroad crossing described as a public road crossing, located on Union Pacific Railroad, Kearney Subdivision, Railroad Milepost 147.08, DOT # 817623U at Elm Street in Grand Island; and WHEREAS, the limits of the street closure shall be 25’ south of the Eastbound Mainline Union Pacific Railroad Track and 25’ north of Siding Track 703 as shown in Exhibit A; and WHEREAS, the closure of Elm Street shall not occur until planned improvements are completed at Walnut Street, Pine Street and Oak Street for the Grand Island Quiet Zone Improvements project. NOW, THEREFORE, BE IT RESOLVED the Mayor and City Council of Grand Island, agree to the permanent closure and vacation of the public crossing located on Elm Street in Grand Island on the Union Pacific Railroad, at DOT# 817623U at Railroad Milepost 147.08. BE IT FURTHER RESOLVED, the City shall enter into an agreement with the Nebraska Department of Roads, with the Union Pacific Railroad, and with Gavilon dba Peavey Grain providing that: 1. The Union Pacific Railroad should pay the City $20,000 upon receiving an invoice from the City in consideration for the permanent closure of the crossing and after the crossing is closed. 2. The State of Nebraska, Department of Roads (NDOR) should pay the City $5,000 for the crossing closure, and will also pay the City an amount not to exceed $12,000 towards the cost of the closure of DOT No. 817623U upon the City furnishing the State documentation of the costs. 3. Gavilon dba Peavey Grain should pay the City $2,000 for the crossing closure, including costs for engineering. If the maximum contribution from NDOR is reached, Gavilon should also pay the City an amount not to exceed $13,000 towards the cost of the closure, including costs for engineering, of DOT No. 817623U upon the City furnishing Gavilon documentation of the costs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney Item G11 #2011-100 - Approving Wastewater Cost of Service Based Rate Study Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: John Henderson, Wastewater Engineering and Operations Superintendent Meeting: April 26, 2011 Subject: Approving Waste Water Cost of Service Based Rate Study Report Item #’s: G-11 Presenter(s): John Collins, P.E., Director of Public Works Background Agreement with Black & Veatch for Consulting Services regarding Treatment Capacity process alternatives and rate model work An agreement with Black& Veatch of Kansas City, Missouri for engineering consulting services related to capacity process alternatives and rate model work was approved on April 13, 2010 and an updated report presented on April 5, 2011. The completion of this rate study was affected by many factors; the decision to not build the anaerobic digester complex, JBS Swift’s decision to build its own wastewater treatment facility with its affect on revenue, and the completion of the May, 2010 comprehensive study that revealed the urgent need to address the collection system. Wastewater Infrastructure The sanitary sewer collection system has mains that have been in service for over a century with some mains in the downtown area dating back to the 1890’s. The collection system contains almost 230 miles of sanitary sewer mains, 17 sewage lift stations and a wastewater treatment plant that is averaging 12 million gallons per day of flow. The division is a capital intensive operation because of the miles of pipeline to maintain and the gallons of wastewater needing treatment. While there have been substantial improvements made at the plant over the years, there are still many improvements that are needed in the future. Many parts of the plant date back to the original construction in 1964. It’s critical that the plant has the capacity to accommodate growth in our community, and any new or expanded industry while continuing to meet environmental requirements for our discharge. Replacements, upgrades, and expansions at the plant will be a continuous and on-going process. Rate Study The Wastewater Division of the Public Works Department is an enterprise fund with no property tax dollars used to support the division. The entire budget comes from wastewater customers through sanitary sewer bills. The sewer bill for a residential customer is based on usage and standard strength for residential sewage. The sewer bill for commercial and industrial customers is based on usage plus an extra strength component. A cost of service based rate study looks at all costs for the operation and allocates those costs of service to the customer classes according to the costs of providing service. Rates are then designed to equitably cover those costs. It’s important that each customer pay their “fair” share of the costs for the city to own and operate the collection system and the Wastewater Treatment Plant. Discussion The final waste water cost of service based rate study report is now complete and ready for council approval. The final report includes recommended rates for fiscal years 2012, 2013. It has been recommended that the first year of rate adjustments will come into effect January 1, 2012 with the second and third commencing on October 1, 2012 and October 1, 2013 in the following years, and will be considered by the council along with other city rates as part of the normal budget process. It is clear that there is a significant need for replacement of segments of the interceptors in the collection system and several capital items at the wastewater facility as outlined by the April 5th council presentation. Alternatives It appears tha t 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 Public Works Administration recommends that the Council approve the final waste water cost of service based rate study report. Sample Motion Move to approve final waste water cost of service based rate study report. Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-100 WHEREAS, at the April 5, 2011 City Council Study Session, representatives from the engineering consulting firm Black & Veatch Corporation of Kansas City, Missouri presented tables and allocations for a wastewater cost of services based rate study; and WHEREAS, the final wastewater cost of service based rate study report has been finalized by Black & Veatch and is now complete; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the final Wastewater Cost Based Rate Study report as prepared by engineering consulting firm Black & Veatch Corporation of Kansas City, Missouri is hereby approved and adopted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2011-101 - Approving Juvenile Attention Center Interlocal Agreement with Hall County Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: April 26, 2011 Subject: Juvenile Attention Center Interlocal Agreement Item #’s: G-12 Presenter(s): Steven Lamken, Police Chief Background The City and County have had an Interlocal Agreement where the County has provided a staff secure juvenile attention center for the holding of juveniles. The Center is staffed and used on an on call basis. The Interlocal provides for the City to pay the staff personnel costs of the adults monitoring the juveniles when the City places a juvenile at the Center. The reliability of finding on call staff has resulted in underuse of the Center. The County has arranged cont racting with a vendor to provide staffing when needed at the Center. Staffing costs have changed and a new Interlocal is needed to address the changes. Discussion The Police Department comes into contact with juveniles who need to be held for one purpose or another for extended periods of time before a more permanent disposition can be arranged for the juvenile. These juveniles cannot be incarcerated or “locked up” in a secure detention facility or jail. The Police Department is responsible for the care and supervision of these juveniles until their status is resolved. This can take anywhere from one or two hours to as long as a day. This creates a serious drain on Police Department resources as it requires us to assign an officer to constantly monitor the juvenile. It is costly and removes an officer from being in-service for duty. Hall County established a staff secure Juvenile Attention Center where such juveniles can be supervised and monitored by an adult. This is done at a County facility that has been set up for this specific purpose. The facility is used on an on call basis and is suppose to be available 24 hours a day. The City had an interlocal agreement with the County for use of the Center. The City was responsible for reimbursement of staff costs and the same conditions as set forth in the proposed interlocal. Hall County Juvenile Services manages the program and is responsible to have on call adult monitors available. Finding people to work as on call staff has been a problem due to the nature of the sporadic use of the Center. The County has made arrangements with a vendor to provide reliable staffing at the Center on an on call basis. The personnel costs for the services are more than in the previous agreement and require a new Interlocal Agreement. The staffing costs are more than the previous agreement but are far below the costs of having a Police Officer monitor the juvenile. The use of the Center also allows the Police Department to return an officer to service in the City. 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 with Hall County for Juvenile Attention Services. Sample Motion Move to approve the Interlocal Agreement with Hall County for the provision of juvenile attention center services to the City. Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-101 WHEREAS, the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801 et seq., provides that units of local government of the State of Nebraska and Nebraska state agencies may enter into agreements for the joint and cooperative exercise of powers, privileges, or authority capable of being exercised by either agency; and WHEREAS, Neb. Rev. Stat. § 13-801 provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity, or other undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, the City and County are public agencies as defined by Neb. Rev. Stat. § 13-801; and WHEREAS, the County, through its Juvenile Services Department, now operates a juvenile attention center for the temporary safekeeping of juvenile offenders; and WHEREAS, it is beneficial to the City to use the juvenile attention center for the temporary safekeeping of juvenile offenders taken into custody by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute the Interlocal Agreement with Hall County for the Provision of Juvenile Attention Services. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2011-102 - Approving Change Order No. 1 for Fence Installation at the Veterans Athletic Field Complex Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: April 26, 2011 Subject: Change Order # 1, Relocation of Four Double Drive Service Gates in the Outfield Fences at the Veterans Athletic Field Complex Item #’s: G-13 Presenter(s): Steve Paustian, Park and Recreation Director Background On January 10, 2011 a contract was entered into with Elkhorn Fence for $26,052.00 to install fencing for the four Softball Fields at the Veterans Athletic Complex. All the posts for the installation of the fence had been set under a previous contract. After the installation of the underground sprinkling it became apparent that there was a conflict with the underground sprinkling system and the original location of the gate posts as installed. Discussion A change order in the amount of $650.00 is being requested to relocate the gates to a location that no longer conflicts with the underground sprinkler 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 future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the change order in the amount of $650.00 to relocate the gates. Sample Motion Move to increase the amount of the contract to Elkhorn Fence in the amount of $650.00. Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-102 WHEREAS, on January 10, 2011 by Resolution 2011-6, the City Council of the City of Grand Island awarded the Elkhorn Fence Co. LLC. from Elkhorn, Nebraska, the bid in the amount of $26,052.00, for the Fence Installation at the new Veterans Athletic Field Complex; and WHEREAS, it has been determined that the relocation of (4) double drive service gates in the outfield fences to be performed by Elkhorn Fence Co. LLC. are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $650.00 for a revised contract price of $26,702.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and the Elkhorn Fence Co. from Elkhorn, Nebraska to provide the modifications set out as follows: Re-locate (4) double drive service gates in outfield……………………………………..$650.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2011-103 - Approving Certificate of Final Completion for Fence Installation at the Veterans Athletic Field Complex Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: April, 26, 2011 Subject: Certificate of Final Completion Fence Installation Veterans athletic Field Complex Item #’s: G-14 Presenter(s): Steve Paustian, Park and Recreation Director Background A contract was entered into with Elkhorn Fence to install perimeter fencing at the four softball fields at the Veterans Athletic Field Complex. This contract was initiated on January 21,2011 in the amount of $26,052.00. Discus sion All work associated with the contract including the $650.00 change order has been completed. It is appropriate at this time to close out the contract. The final payment of the contract will be in the amount of $5,862.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the certificate of final completion and make final payment to Elkhorn Fence in the amount of $5,682.00. Sample Motion Move to make final payment to Elkhorn Fence in the amount of $5,862.00 for installation of softball fencing at the Veterans Athletic Field Complex. Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-103 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for Fence Installation at the new Veterans Athletic Field Complex, certifying that Elkhorn Fence Co. LLC. from Elkhorn, Nebraska, under contract dated January 21, 2011, 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 Fence 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 $5,862.00 payable to Elkhorn Fence Co. LLC. for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2011-104 - Approving Certificate of Final Completion for Relocation and Reconstruction of Multi Purpose Building at the Veterans Athletic Field Complex Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: April 26, 2011 Subject: Certificate of Final Completion-Relocation and Reconstruction of Multipurpose Building at the Veterans Athletic Field Complex Item #’s: G-15 Presenter(s): Steve Paustian, Park and Recreation Director Background A contract was entered into with Tri-Valley Construction on June 7, 2010 in the amount of $88,000.00 for the relocation of the multipurpose building at the Fonner Park Softball Complex to the Veterans Athletic Field Complex. Discussion The building has been relocated and all work associated with this contract has been completed. The final project cost was the same as the original contract price. 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 Tri Valley Builders in the amount of $24,549.38. Sample Motion Move to close out the contract with Tri Valley Builders and make final payment in the amount of $24,549.38. Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-104 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for Relocation and Reconstruction of Multi Purpose Building at the new Veterans Athletic Field Complex, certifying that Tri Valley Builders from Grand Island, Nebraska, under contract dated June 7, 2010, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Parks and Recreation Director’s Certificate of Final Completion for Relocation and Reconstruction of Multi Purpose Building is hereby confirmed. 2. That a warrant be issued from account no. 40044450-90122 in the total amount of $24,549.38 payable to Tri Valley Builders for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2011-105 - Approving Changes to the 2010/2011 Fee Schedule Relative to Vehicle Auction Bid Fee Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: April 26, 2011 Subject: Police Vehicle Auction Bid Fees Item #’s: G-16 Presenter(s): Steven Lamken, Police Chief Background The Police Department currently has a bidder’s fee of $15.00 per year for persons wanting to attend and bid on vehicles at the Police Department vehicle auctions. The bid was established to offset the costs of conducting the auction and to limit the number of people having access inside of the Police Department impound lot during the auction. The Police Department wants to change the bidder’s fee to a rate of $10.00 per auction. The change is needed to accommodate bidding being done over the internet as well as live at the auction. Discussion The Police Department established a bidder’s fee of $15.00 per year for people wanting to bid on vehicles at the Department auctions. One reason the fee was established was to help offset the costs of registering bidders and conducting the auction. The other purpose was to restrict the number of people who entered the impound lot for the auction to just those with a bid number. The Police Department has started using an auction service that utilizes an internet proxy bidding service. The auction vehicles are posted on the internet site for interested persons review. This service also allows people from anywhere in the United States to register online and bid on the auction vehicles. The online bidding is done in addition to the live auction of the vehicles at the Police Department impound lot on a specific date. The use of an auction service, advertizing, and online proxy bidding service proved to be successful in generating higher revenues from our auction vehicles. We had significantly more registered bidders both at the auction and online. An analysis showed that on average the revenues received per vehicle at the auction were double those of vehicles of the sold at our 2010 auctions. People who are bidding online are required to pay a bidder’s fee just as those who are attending the live auction. We need to change our bidder’s fee to a per auction cost to accommodate the use of the online auction services. The Department recommends a per auction bidder’s fee of $10.00 be approved. The Department will honor all annual fees previously paid by people at our auction, and who are attending the live auctions until such time as the annual fee expires. 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 move to amend the fee schedule to provide for a Police Department vehicle auction bidder’s fee of $10.00 per each auction. Sample Motion Move to amend the fee schedule and approve a Police Department vehicle auction bidder’s fee of $10.00 per each auction. Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-105 WHEREAS, The Grand Island Police Department has conducted live auctions of vehicles and has assessed a bidders fee of fifteen dollars, $15.00, per year for persons to be permitted to bid at vehicle auctions and, WHEREAS, The Police Department has implemented new auction services that include internet online proxy bidding and, WHEREAS, to be consistent in the treatment of both online and at auction bidders a bidder’s fee should be assessed to all bidders, and WHEREAS, , an annual fee is not an efficient method of assessing a bidder’s fee for online proxy bidders, a per auction bidder’s fee of ten dollars, $10.00 per each auction should be adopted NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, amend the City Fee Schedule to assess a Police Department vehicle auction bidder’s fee of $10.00 per each auction. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2011-106 - Approving Appointment of Representative to the Nebraska Habitat Conservation Coalition Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown, City Administrator City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, City Administrator Meeting: April 26, 2011 Subject: Consideration of Appointment of Representative to the Nebraska Habitat Conservation Coalition Item #’s: G-17 Presenter(s): Mary Lou Brown, City Administrator Background The Nebraska Habitat Conservation Coalition (NHCC) was created in 2002 among 25 public entities in the state under the Interlocal Cooperation Agreement statutes. Its membership is made up of entities with interest in the water issues affecting the streams and rivers of the state including Natural Resource Districts, Public Power Districts, Irrigation Districts and cities. Attached for reference are the initial documents presented to the City Council in 2002 and the formal notification of the NHCC that the City of Grand Island had elected to participate. Discussion In accordance with the by-laws of the NHCC, each participant is to appoint a representative to the Board of Directors as described in paragraph #4 of those by-laws. From paragraph #4, “Each director and any designated alternate shall be duly and properly appointed by the respective governing bodies of each of the separate and individual parties to this Agreement…….Each board member shall serve at the pleasure of his or her respective organization. Any vacancy, which occurs in the board, shall be filled within 60 days through the appointment of a replacement by the represented party.” Utilities Director Gary Mader had been the City of Grand Island representative on the Board of Directors since the City first participated in the NHCC in 2002. With his retirement, Mr. Mader will no longer be an employee of the City and it is appropriate that he be replaced on the Board of Directors. Water issues in the central reach of the Platte River are complex. As Assistant Utilities Director, Timothy Luchsinger, had overall responsibility for the City’s water production facilities, including the Platte River Well Field. That well field provides over 95% of the municipal water supply and is the City facility most likely to be affected by future regulation and control. Having served in the assistant director position for over 20 years, Mr. Luchsinger is well qualified to represent the City on the NHCC Board. 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 5. Recommendation City Administration recommends that the Council approve the appointment of Timothy Luchsinger as the City of Grand Island representative on the NHCC Board of Directors. Sample Motion Move to approve the appointment of Timothy Luchsinger to the NHCC Board of Directors to represent the City of Grand Island. Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-106 WHEREAS, the City of Grand Island is a member of the Nebraska Habitat Conservation Coalition (NHCC); and WHEREAS, the by-laws of the NHCC require each participant to appoint a representative to the Board of Directors; and WHEREAS, Gary Mader, the current Utilities Director is retiring on April 22, 2011; and WHEREAS, Timothy Luchsinger, Assistant Utilities Director, has the experience and knowledge to serve Grand Island on the NHCC Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized, on behalf of the City, to appoint Timothy Luchsinger as the representative of the City of Grand Island, to the Nebraska Habitat Conservation Coalition Board of Directors. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2011-107 - Approving Contract for Program Prioritization Budget Process Tuesday, April 26, 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, City Administrator Meeting: April 26, 2011 Subject: Approving Contract for Program Prioritization Budgeting Process Item #’s: G-18 Presenter(s): Mary Lou Brown, City Administrator Background Beginning in the summer of 2009, the City began what was called program prioritization budgeting process working with two consultants, Jon Johnson and Chris Fabian. Program prioritization was officially used to develop the 2010/2011 Budget. Grand Island was one of the first communities to implement program prioritization, and since that time, several communities across the United States have adopted program prioritization budget methodology. Based on the success of program prioritization, Johnson and Fabian have formed the Center for Priority Based Budgeting, an incubator within the not-for-profit, National Environmental Health Association (NEHA). Discussion The City plans to continue using the program prioritization budget methodology in the fiscal years 2011/2012 and 2012/2013. On April 18, 2011, the City received two proposals for the request for proposals for program prioritization budgeting process, one from the Center for Priority Based Budgeting (Center) and one from Public Financial Management Group (PFM Group). The proposals were evaluated by a representative from Finance and representative from Administration departments. The City Administrator/Finance Director was not involved in the scoring process, in order to provide a more objective scoring process. The Center received the highest score on the evaluation criteria established in the request for proposal specifications. The evaluation criterion, explained in section four of the RFP specification, was based on fee structure (25%), and qualifications and experience (75%). Qualifications and experience was broken down into three sections, found in the proposal content section of the specifications: background information/qualifications regarding firm, previous experience with program prioritization budget, and budget models. Each of those sections was assigned 25% each, to reach a total of 75% for qualifications and experience. All four sections were put on a 10-point scale (10 high) and scored by each evaluator. The Center received a total score of 190, while the PFM Group received a score of 112.5. The category that was the largest difference between firms was the proposed fee structure. The Center has a proposed cost of $11,600 (including a site visit and supplies), while the PFM Group was a proposed cost of $58,353. Another category that the Center stood out was the previous experience with program prioritization budget; this was due to the fact that the Center listed sixteen examples of communities they work with using program prioritization in addition to the City of Grand Island last year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council adopt the contract with the National Environmental Health Association d/b/a the Center for Priority Based Budgeting for fiscal advisory services through fiscal year 2012/2013. Sample Motion Move to approve the contract with the National Environmental Health Association d/b/a the Center for Priority Based Budgeting. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR PROGRAM PRIORITIZATION BUDGET PROCESS RFP DUE DATE: April 18, 2011 at 4:00 p.m. DEPARTMENT: Finance PUBLICATION DATE: April 1, 2011 NO. POTENTIAL BIDDERS: 2 SUMMARY OF PROPOSALS RECEIVED The Center for Priority Based Budgeting The PFM Group Denver, CO Des Moines, IA cc: Mary Lou Brown, Finance Director Jason Eley, Purchasing Agent P1472 1 CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT WITH The National Environmental Health Association d/b/a the CENTER FOR PRIORITY BASED BUDGETING For FISCAL ADVISORY SERVICES THIS AGREEMENT is made and effective as of April 26, 2011, between the City of Grand Island,hereafter "City",a municipal corporation of the State of Nebraska and the National Environmental Health Association,for the purposeof this Agreement, d/b/a the Center for Priority Based Budgeting,hereafter "Consultant", a non-profit corporation registered in the State of Colorado.In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1.TERM.This Agreement shall commence on April 27,2011, and shall remain and continue in effect until services described herein are completed, but in no event later than September 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. 2.SERVICES.Consultant shall perform the services described and set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein as though set forth in full. The project and final deliverables shall be completed in accordance with the timeline mutually agreed upon by the City and the Consultant Exhibit B, Timeline, will be incorporated into this agreement and completed by September 15, 2011 and September 17, 2012. 3.PERFORMANCE.Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. Consultantrepresents to the City that it has the qualifications necessary to perform the services described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.PAYMENT. a.The City agrees to pay Consultant in accordance with the payment rates and terms set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon periodic invoices submitted by the Consultant to the City. This amount shall not exceed ten thousand Dollars ($10,000), exclusive of travel reimbursements or other previously agreed upon expense reimbursements to be billed separately,for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b.Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City.Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City at the time the City's written authorization is given to Consultant for the performance of said services. c.Consultant shall submit periodic invoices to the City during the term of this Agreement for actual services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of the Consultant's fees, the City 2 shall give written notice to the Consultant within 15 days of receipt of an invoice of any disputed fees set forth on that invoice. 5.AVAILABILITY OF FUNDS The City has appropriated and encumbered sufficient funds from its operating budget for the cost of the work to be performed to satisfy the payment terms of this agreement with the Consultant.Funds will be made available to the Consultant upon the completion of agreed upon work and the receipt of a proper invoice. 6.SUSPENSION OR TERMINATION OF AGREEMENT. a.The City may at any time suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant,at least thirty (30) days prior,written notice of termination. Upon receipt of said notice, the Consultantshall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b.In the event this Agreement is terminated pursuant to this Section, the Cityshall pay to Consultant the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Consultantwill submit an invoice to the City pursuant to Section 3.City shall pay any and all travel or other related ancillary expenses that were incurred by the Consultant prior to the notice of termination,in fulfillment of obligations associated with this agreement. 7.INDEMNIFICATION.The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, officials, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant'snegligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City or that of any elected official, employee,or agent of the City. 8.INDEPENDENT CONTRACTOR. a.Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the Citynor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b.Consultant represents that it has or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractualrelationship with the City, nor shall such personnel be entitled to any benefits of the City including, but not limited to, pension, health and/or workers’ compensation benefits. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 3 c. Consultant warrants that all services shall be performed by skilled and competent personnel consistent with applicable technical and professional standards in the field as determined by the Consultant. 9.GOVERNING LAW.Consultant agrees that in the performance of this Agreement it will reasonably comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska and the City of Grand Island. In case of a dispute regarding the interpretation of any part of this Agreement, the parties shall use their best faith efforts to arrive at a mutually acceptable resolution. Unless it has received a termination notice from the City, the Consultant shall proceed diligently with its performance of the work under this Agreement pending the final resolution of any dispute arising from or relating to this Agreement and the Cityshall continue to pay the Consultantfor such performance. 10.DISCLOSURE AND OWNERSHIP OF DOCUMENTS a.All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the City or at its expense, will be kept confidential by the Consultant and will not be disclosed to any other party without the City’s prior written consent. b.The materials used by the Consultant for work performed under this Agreement are specific and unique methods of fiscal management and budget prioritization. As such, these materials are protected by copyright. The City agrees and understands that these materials and all methods, models and applications resulting from the use of said materials are the sole, complete and absolute property of the Consultant.As such,any use, future use or application or any publication (either oral or written) of these materials by the Citywill be at the discretion of the Consultant and in any event will not occur without the express and prior written permission of the Consultant. All legal rights and protections afforded by copyright and the Consultant's ownership of all the underlying intellectual property associated with these fiscal management and budget prioritization materials are retained and reserved exclusively by the Consultant, reserving all legal rights and remedies incident to its ownership of these materials. It is understood that the City may utilize these methods, models and applications for their own specific use but are not free to share these methods, models and applications with other individuals or entities. 11.INSURANCE REQUIREMENTS Consultantagrees to procure and maintain in force during the term of this Agreement, at its own cost, the following minimum coverages: a.Workers Compensation and Employer’s Liability Workers Compensation as required by State of Colorado Employer’s Liability $100,000 each accident b.Commercial General Liability Bodily Injury and Property Damage $1,000,000 aggregate limit Personal Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 c.Professional Liability Errors and Omissions Errors and Omissions $1,000,000 aggregate limit 4 The Consultant shall forward Certificates of Insurance to the City as requested in writing.The Consultant will give the City written notice of not less than thirty (30) days prior to cancellation or change in coverage. 10.NOTICES.Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii)delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City:City of Grand Island 100 East First Street Grand Island, NE 68801 Attention: Mary Lou Brown, City Administrator To Consultant:Jon Johnson, Senior Manager Center for Priority Based Budgeting % National Environmental Health Association 720 S.Colorado Blvd., Suite 1000-N Denver, CO 80246 11.ASSIGNMENT.The obligations and duties under this Agreement shall not be assignable, delegable or transferable unless such assignment is reduced to writing and signed by both parties. Any purported assignment, delegation or transfer by any other means will constitute a material breach of the Agreement and will be grounds to terminate the agreement as outlined in Section 5. 12.LICENSES.At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 13.SEVERABILITY.If any term of provision of this Agreement shall to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 14.CONFLICT OF INTEREST.Consultant represents that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. 15.ENTIRE AGREEMENT.This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 5 16.MODIFICATION. No term, obligation or provision of this Agreement can be modified unless that modification is in written form, signed and agreed to by both parties. 17.AUTHORITY TO EXECUTE THIS AGREEMENT.The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONSULTANT CITY OF GRAND ISLAND ______________________________________________________________ By: Jon Johnson By: Jay Vavricek Title: Senior Manager Title: Mayor ______________________________________________________________ By:Chris Fabian By: RaNae Edwards Title: Senior Manager Title: City Clerk 6 EXHIBIT A SCOPE OF SERVICES SEE ATTACHED DOCUMENT 7 EXHIBIT B Timeline This agreement will be completed by September 15, 2011 for the fiscal year 2011/2012, and September 17, 2012 for the fiscal year 2012/2013. EXHIBIT A Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-107 WHEREAS, the City of Grand Island implemented program prioritization budgeting process for the 2010/2011 budget, and wishes to continue utilizing that methodology for the fiscal years 2011/2012 and 2012/2013; and WHEREAS, on April 18, 2011 two proposals were received, reviewed and evaluated in accordance to the established criteria in the request for proposal specification; and WHEREAS, the Center for Priority Based Budgeting an incubator of the National Environmental Health Association of 720 S. Colorado Blvd, Suite 1000-N, Denver, Colorado submitted a proposal for the time period until September 30, 2013; and WHEREAS, the proposed agreement with the National Environmental Health Association has been reviewed and approved by the City Attorney’s Office, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement between the City and the National Environmental Health Association d/b/a the Center for Priority Based Budgeting is herby approved. BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2011-108 - Approving Amendment to Deferred Compensation Plan with ICMA-RC Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, City Administrator Meeting: April 26, 2011 Subject: Amending the Deferred Compensation Plan with ICMA- RC Item #’s: G-19 Presenter(s): Mary Lou Brown, City Administrator Background The City of Grand Island entered into a contract with ICMA-RC in 1995 to provide administrative services for the City’s 457 Plan. ICMA-RC has now made available a Roth alternative as part of their services. Discussion As we reviewed the 457 Plan provisions offered to the emp loyees of the City, we looked for ways to enhance the plan by adding investment options to the Plan. The Roth 457 is one such provision. This provision allows participants to make Roth (after-tax) deferrals to their 457 plan. Roth deferrals and associated earnings can be withdrawn tax-free if certain criteria are met. ICMA anticipates the new Roth provisions first being made operational with our 457 plans in the second quarter of 2011.The City would like to offer the employees the Roth 457 option within the plan. There are no additional fees to the City, only to the employees who participate. 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 Amendment to the Plan Document with ICMA-RC. Sample Motion Move to approve the Amended Plan Document with ICMA-RC. Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-108 WHEREAS, the City of Grand Island has employees rendering valuable services and WHEREAS, the City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City has determined that the continuation of the deferred compensation plan will serve these objectives, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City hereby amends and restates the deferral compensation plan (City of Grand Island Plan #301716) in the form of: The ICMA Retirement Corporation 457 Governmental Deferred Compensation Plan & Trust, to include the associated Roth amendment. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the City serving as trustee for the exclusive benefits of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee’s beneficial ownership of Plan held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. BE IT FURTHER RESOLVED that the City hereby agrees to serve as Trustee under the Plan. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2011-109 - Approving Contract for Concession Stand Operations at Veterans Athletic Field Complex Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: April 26, 2011 Subject: Concession Stand Contract Award Veterans Athletic Field Complex Item #’s: G-20 Presenter(s): Steve Paustian, Park and Recreation Director Background On February 4, 2011 a request for proposals to operate the concession stand at the Veterans Athletic Field Complex was advertised. One proposal was received. The proposal was provided by Jose Ramos of Grand Island. Discussion Staff met with the Mr. Ramos and his son and is confident that Mr. Ramos can fulfill the obligations of 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 award the concession rights to Mr. Ramos for this season, through Nov. 30th. Sample Motion Move to contract with Mr. Ramos for concession stand operation for the 2011 softball season at the Veterans Athletic Field Complex. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR CONCESSION STAND OPERATIONS AT VETERANS ATHLETIC FIELD COMPLEX RFP DUE DATE: March 7, 2011 at 4:15 p.m. DEPARTMENT: Parks & Recreation PUBLICATION DATE: February 4, 2011 NO. POTENTIAL BIDDERS: 3 SUMMARY OF PROPOSALS RECEIVED Jose Y. Ramos Grand Island, NE cc: Steve Paustian, Parks & Rec. Director Todd McCoy, Parks & Rec. Supt. Mary Lou Brown, Finance Director Patti Buettner, Parks Secretary Jason Eley, Purchasing Agent P1461 Approved as to Form ¤ ___________ April 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-109 WHEREAS, the Parks and Recreation Department of the City of Grand Island invited sealed proposals for Concession Stand Operations at the new Veterans Athletic Field Complex; and WHEREAS, on March 7, 2011, a proposal was received and reviewed; and WHEREAS, Jose Y. Ramos of Grand Island, Nebraska submitted a proposal in accordance with the terms of the advertisement for proposals. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Jose Y. Ramos of Grand Island, Nebraska, is hereby accepted and approved as the lowest responsive proposal submitted, and that the contract by and between the City and the Vendor be and hereby is approved, and the Mayor is authorized to sign such contract on behalf of the City. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Iglesia Ebeneezer Church for a Conditional Use Permit for a New Church Facility Located at 502 East Capital Avenue This item relates to the aforementioned Public Hearing Item E-1. Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item J1 Approving Payment of Claims for the Period of April 13, 2011 through April 26, 2011 The Claims for the period of April 13, 2011 through April 26, 2011 for a total amount of $3,664,260.58. A MOTION is in order. Tuesday, April 26, 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 April 13, 2011 through April 26, 2011 for the Veterans Athletic Field Complex The Claims for the period of April 13, 2011 through April 26, 2011 for a total amount of $20,840.00 for the Veterans Athletic Field Complex. A MOTION is in order. Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item X1 Update Concerning Union Negotiations The City Council may vote to go into Executive Session as required by State law to discuss AFSCME, IAFF, FOP, IBEW (Utilities) (Finance) (WWTP) and (Service/Clerical) Union Negotiations for the protection of the public interest. Tuesday, April 26, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council