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07-26-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, July 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 Sylvia Karlsson, St. Pauls Lutheran Church, 1515 South Harrison Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Proclamation Nebraska State Fair 1868 Foundation "Blue Ribbon Roll Out Week" August 1-7, 2011 The Nebraska State Fair started in 1868 and has been held at the State Fair Park in Lincoln until 2009 (108 years). Beginning in 2010, the Nebraska State Fair has been held at Fonner Park in Grand Island. The Nebraska State Fair 1868 Foundation, a non-profit organization whose purpose is to raise private funds for the Nebraska State Fair, will be celebrating the seventh annual "Blue Ribbon Roll Out" on Saturday, August 6, 2011 to raise funds for improvements to the grounds and facilities. The Mayor has proclaimed the week of August 1- 7, 2011 as "Blue Ribbon Roll Out Week". See attached PROCLAMATION. Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Recognition of 2010-2011 Community Youth Council The Mayor and City Council will recognize the hard work and many hours contributed by the Community Youth Council to the community of Grand Island through sponsored and collaborative events. A short presentation will be given regarding the highlights of the 2010- 11 Community Youth Council year. All youth and adult members will be recognized with a certificate and a special gift will be given to the seniors that just graduated. Congratulations on a successful year. Tuesday, July 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 Aloha Investments, LLC dba Afternooners, 3773 Sky Park Road, Suite 5 for a Class “C” Liquor License Tuesday, July 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: July 26, 2011 Subject: Public Hearing on Request from Aloha Investments, LLC dba Afternooners, 3773 Sky Park Road, Suite 5 for a Class “C” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Aloha Investments, LLC dba Afternooners, 3773 Sky Park Road, Suite 5 has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with the application was a Liquor Manager Designation for Terry Brown, 4017 Anna Maria Street. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Cont rol Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Aloha Investments, LLC dba Afternooners, 3773 Sky Park Road, Suite 5 for a Class “C” Liquor License contingent upon final inspections and Liquor Manager Designation for Terry Brown, 4017 Anna Maria Street upon completion of a state approved alcohol server/seller training program. 07/14/11 Grand Island Police Department 450 10:21 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 09:26:56 07/11/2011 Occurred before : 09:26:56 07/11/2011 When reported : 09:26:56 07/08/2011 Date disposition declared : 07/11/2011 Incident number : L11071640 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 3773 Skypark Rd; Suite 5 State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 119937 07/11/11 Brown, Terry Owner- Afternooners NM 119938 07/11/11 Brown, Douglas Owner- Afternooners NM 167798 07/11/11 Afternooners, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT01 Air/Bus/Train Terminal LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application from Afternooners and a Copy of a Liquor Manager Application from Terry Brown. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 07/14/11 Grand Island Police Department 450 10:21 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 15:15:14 07/11/2011 07/14/11 Grand Island Police Department 450 10:21 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Mon Jul 11 15:15:35 CDT 2011 Reporting Officer: Vitera Unit- CID I received a copy of a Class C liquor license application for Afternooners at the Central Nebraska Regional Airport and a copy of a liquor manager application from Terry Brown. Douglas Brown (Terry's husband) is an equal partner in the business. Information on the application indicates that the Brown's have lived in Grand Island since 2005. They moved here from Spring Valley, California where they lived since 1991. On the spot on the application where it asks about convictions, Douglas disclosed four traffic convictions. Three of them occurred in Grand Island back in 1975. The other one occurred in California in 1997. No convictions were disclosed by Terry Brown. I checked the Brown's through Spillman and NCJIS and didn't locate any undisclosed convictions. I also checked the Brown's through Entersect (paid police intelligence database) but didn't find anything out of the ordinary. Their names are too common to narrow down on facebook. I also called the San Diego County Sheriff's Department since they serve Spring Valley and inquired about a records check on the Brown's. I faxed a request and was told that I should have results within ten days which may not be in time for this report to go into the council packet. A recording advised that their records are only kept for seven years. On 7/13/11, I received a faxed response from the San Diego County Sheriff's Department. The information confirmed that their records only go back seven years and don't include traffic convictions, sex registrants, warrants, protection orders, and information sealed by the courts. The response said that Terry and Douglas brown have "No local arrest record." On 7/12/11, I went to Afternooners and spoke to Terry. Terry said she was encouraged by the airport board to seek a liquor license. She advised that there are plans to expand the terminal which would include the restaurant. She advised that they don't plan to serve hard liquor even though they are applying for a Class C license. She doesn't think distilled spirts and potentially irate passengers are a good combination. I explained a little bit of the application process to Terry. She didn't have any questions. She was busy, and I didn't have a lot of questions; so the interview was short. I spoke to Douglas over the phone on 7/13/11. He was at the airport in Minneapolis. Terry told Douglas that I had spoken to her. Douglas assured me that he has never had any problems with the law other than the minor traffic incidents he disclosed on the application. He went on to say that he had high level security clearance in the military and also has some security clearance through the TSA. Douglas thinks it would be good for the airport if Afternooners has a liquor license. He said that a lot of passengers currently check in and then leave to go drink at the closest bar before boarding the plane. The license could cut down on the number of impaired drivers. All in all, the Grand Island Police Department has no objection to Afternooners receiving a liquor license or to Terry Brown being their liquor manager. 07/14/11 Grand Island Police Department 450 10:21 LAW INCIDENT TABLE Page: 4 Item E2 Public Hearing on Request from Charles & Lana Staab for a Conditional Use Permit for a Commercial R-V Storage Located at 3086 Wildwood Drive Tuesday, July 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: July 26, 2011 Subject: Request of Charles and Lana Staab for Approval of a Conditional Use Permit to Allow Construction of a Commercial Recreational Vehicle Storage Lot at 3086 Wildwood Drive Item #’s: E-2 & H-1 Presenter(s): Craig Lewis – Building Department Director Background This request is for approval of a conditional use permit to allow for the construction of a commercial recreational vehicle storage lot at the above referenced address. The property is currently zoned M-E Industrial Estates Zone and as such a commercial recreational vehicle storage lot is a listed conditional use. Conditional uses as listed in the zoning code must be approved by the city council after a finding that the proposed use promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Discussion This proposal is to construct a commercial recreational vehicle storage lot on the property recently subdivided in the City industrial tract adjacent to Wildwood Drive. Zoning regulations were amended by the City Council to allow as a conditional use recreational vehicle storage in the M-E zoning classification at the July 5, 2011 meeting. The landscaping regulations provided in the City code are required as well as the setback identified in the City code. The landscape provisions in the City code would require the 50’ front yard setback to be landscaped with the planting of three canopy trees, three understory trees, and nine shrubs, which are not currently identified in the proposed plan. The zoning regulations would also require setbacks from the side and rear property lines of 20’. The proposed plan submitted would not meet the requirement of the zoning code and any approvals would need to reflect that a plan must be submitted and approved in conformance with the zoning regulation before any construction or development could begin. The ME zoning classification does specifically exclude automobile wrecking or salvage yards as well as storage or yards for the collection, salvage or bailing of scrap paper, bottles, iron, rags, junk or any other material. As those types of uses are specifically excluded it would appear appropriate to place as a condition that no inoperable units, junk or salvage could be stored at the site. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for a conditional Use Permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2. Disapprove or /Deny the request finding that the proposal does not conform to the purpose of the zoning regulations. 3. Modify the request to meet the wishes of the Council. 4. Refer the matter to a special committee for a determination of a finding of fact. 5. Table the issue Recommendation City Staff recommends that the Council approve the conditional use permit with the following conditions; 1). that the proposed storage yard comply with required setbacks, 2). landscape provisions as required in the City code be provided, 3). No inoperable units, junk, or salvage be stored at the site, and finding that the request 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 requested conditional use permit as specified in the staff recommendation published in the Council packet and presented at the City Council meeting and finding that the application will conform with the purpose of the zoning regulations. Juergen RdWildwood Dr W Gold Core Dr4710 4733 4747 4808 4845 3232 49404949 305030863230 3295 3225 30873081 3085 3083 3299 5209 LOCATION MAP ¯ Item E3 Public Hearing on Acquisition of Utility Easement - Northwest Corner of Skagway North Parking Lot - Wilmar Realty, LLC Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: July 26, 2011 Subject: Acquisition of Utility Easement – Northwest Corner of Skagway North Parking Lot – Wilmar Realty, LLC Item #’s: E-3 & G-8 Presenter(s): Timothy 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 Wilmar Realty, LLC, located at the northwest corner of Skagway North’s parking lot at Broadwell Avenue and Waugh Street, 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 Skagway’s purchase and removal of buildings along Broadwell, north of State Street, has resulted in overhead serving only the Bellows building north of the new parking lot. To remove the pole line, Skagway will give an easement to locate new underground conduit, cable and a pad-mounted transformer to continue electrical service to the old Bellows building on Lot 3, and across Lot 3 to Five Points Bank. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E4 Public Hearing on Acquisition of Utility Easement - 2015 North Broadwell - Five Points Bank Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: July 26, 2011 Subject: Acquisition of Utility Easement – 2015 North Broadwell – Five Points Bank Item #’s: E-4 & G-9 Presenter(s): Timothy 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 Five Points Bank, located along the southerly side of Five Points Bank at 2015 North Broadwell, 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 The undergrounding of the overhead lines serving the businesses along Broadwell Avenue that have been purchased by Skagway, has provided the opportunity to create a two way feed to the pad-mounted transformer at Five Points Bank. This easement will provide a location for the new underground conduit and cable to the existing transformer. 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 F1 #9308 - Consideration of Amending Chapter 23 of the Grand Island City Code Relative Telephone Occupation Tax Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Robert Sivick City of Grand Island City Council Council Agenda Memo From: Robert J. Sivick, City Attorney Meeting: July 26, 2011 Subject: Telephone Occupation Taxes Item #’s: F-1 Presenter(s): Robert J. Sivick, City Attorney Background This memo concerns the City of Grand Island’s telephone occupation tax. Discussion 1. THE PRESENT STATE OF AFFAIRS A. Neb. Rev. Stat. §16-205 states, A city of the first class may raise revenue by levying and collecting a license or occupation tax on any person, partnership, limited liability company, corporation, or business within the limits of the city and to regulate same by ordinance. All such taxes shall be uniform in respect to the class upon which they are imposed. B. Pursuant to the authority granted it by Neb. Rev. Stat. §16-205, the City of Grand Island imposes an occupation tax of 3% on monthly gross receipts received by telephone providers for cellular and residential telephones. This tax is set forth in Grand Island City Code §23-21. This ordinance does not differentiate between cellular and residential telephone service. C. LB 165 (codified at Neb. Rev. Stat. §86-704) makes various changes to telecommunications occupation taxes. Beginning on January 1, 2013 said taxes are capped at 6.25% and can only be raised in increments of .25% pursuant to approval of the public at an election. D. Neb. Rev. Stat. §77-2703.04(7)(r) defines mobile wireless service as a "service that is transmitted, conveyed, or routed regardless of the technology used, whereby the origination and termination points of the transmission, conveyance, or routing are not fixed..." E. Neb. Rev. Stat. §77-2703.04(7)(y) defines residential communications service as a "telecommunications service or ancillary services provided to an individual for personal use at a residential address, including an individual dwelling unit such as an apartment." 2. RESIDENTIAL AND CELLULAR TELEPHONE SERVICES ARE SEPARATE BUSINESSES In 2008 20% of American homes had no landline. By 2010 that percentage increased to 25%. This year it is estimated 30% have no landline and rely solely on cellular telephone service. Undoubtedly that percentage will increase in the future as landlines go the way of VHS tapes and the dinosaur. In Grand Island the prevalence of cell phone only users is, estimated at 41%, greater than the national trend. Additionally, the number of telephone service providers that offer residential and cellular service continues to shrink. Telephone companies are increasingly divided between those like Century Link (formerly Qwest) which offer landline service (Century Link stopped offering cellular service in 2009) and carriers like US Cellular which offer only cellular service. Not only are landline and cellular service defined separately in law but it is obvious to every citizen they are two entirely separate types of businesses. Being separate businesses, it stands to reason they can be taxed differently pursuant to the authority the City has to impose occupation taxes. 3. ADDITIONAL PUBLIC EXPENSE WROUGHT BY CELLULAR TELEPHONES When someone calls 911 from a traditional landline the exact location of the telephone and caller is known instantly by emergency management personnel as the location of the telephone is fixed. When someone calls 911 from a cellular telephone the location of the telephone and caller can only be determined by a process called triangulation in which the telephone signal is bounced off towers at known locations and the location of the caller can then be calculated with varying degrees of accuracy. Triangulation requires additional equipment, software, and expense. Twenty years ago when an accident or disturbance occurred which necessitated summoning public safety personnel, 911 could only be reached by someone using a residential, business, or pay telephone. Usually a 911 center would only receive one or two calls reporting an individual emergency. Today with almost everyone possessing a cellular telephone, it is not unusual for a 911 center to receive dozens of calls reporting the same emergency. Obviously, the public should not be discouraged from reporting emergencies but the ubiquitous nature of cellular telephones means numerous calls are placed, each of which must be answered, recorded, and addressed by emergency management personnel at public expense. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends the Council formally approve the Ordinance before it amending Grand Island City Code §23-21 and enacting Grand Island City Code, Article VIII, §23-80. Sample Motion Move to approve Ordinance No. 9308 amending Grand Island City Code §23-21 and enacting Grand Island City Code, Article VIII, §23-80. City of Grand Island | 2011 6JG 0CVKQPCN %KVK\GP 5WTXG[Š 82 In response to the growing number of the cell-pho PG RQRWNCVKQP UQ ECNNGF oEQTF EWVVGTUŒ YJKEJ includes a large proportion of young adults, questions about cell phones and land lines are KPENWFGF QP 6JG 0%5Š SWGUVKQPPCKTG #U QH VJG OKddle of 2010 (the most recent estimates available as of the end of 2010), 26.6% of U.S. households had a cell phone but no landline.1 Among younger adults (age 18-34), 53.7% of households weTG oEGNN QPN[ Œ $CUGF QP UWTXG[ TGUWNVU )TCPF +UNCPF JCU C oEQTF EWVVGTŒ RQRWNCVKQP ITGC ter than the nationwide 2010 estimates FIGURE 92: PREVALENCE OF CELL-PHONE ONLY RESPONDENTS IN GRAND ISLAND 71% 41% 41% 16% 0%25%50%75%100% 18-34 35-54 55+ Overall Percent of respondents reporting having a "cell phone" only 1 http://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless201012.pdf ORDINANCE NO. 9308 WHEREAS, the City of Grand Island finds it necessary to amend Grand Island City Code §23-21, its telephone occupation tax, to reflect modern technological advances and reality, and WHEREAS, the City of Grand Island finds it necessary to amend Grand Island City Code Chapter 23, Occupation Taxes, to reflect the additional costs of City services necessitated by the increased use of cellular telephones, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: I. That Grand Island City Code §23-21 be amended to read as follows: Article III. Telephone Companies §23-21. Occupation Tax; Exemption All telephone companies doing business in the City and providing fixed location or landline telephone service are required to pay an occupation tax to the City in an amount equal to three percent of the gross receipts from the legally established basic monthly charges collected for local exchange telephone service and intrastate message toll telephone service to subscribers in the City. There shall be exempted from the provisions of this article all receipts for telephone service to the United States government or any of its departments and all receipts from the State of Nebraska or any of its departments and no part or portion of the tax provided for in this article shall be levied upon or assessed against or taken from the United States government, the government of the State of Nebraska, or any of either of their departments. II. That Grand Island City Code, Article VIII, §23-80 be enacted to read as follows: Article VIII. Cellular or Wireless Telephone or Communications Companies §23-80. Occupation Tax; Exemption All telephone or communications companies doing business in the City and providing two way cellular, wireless, mobile, and/or radio telephone or communications service are required to pay an occupation tax to the City in an amount equal to six percent of the gross receipts from the legally established basic monthly charges collected for local and intrastate telephone or communications services to subscribers within the City. There shall be excepted from the provisions of this article all receipts for cellular, wireless, mobile, and/or radio telephone or communications service to the United States government or any of its departments and all receipts from the State of Nebraska or any of its departments and no part or portion of the tax provided for in this article shall be levied upon or assessed against or taken from the United States government, the government of the State of Nebraska, or any of either of their departments. III. Any ordinances or parts of ordinances in conflict are hereby repealed. 2 IV. This ordinance shall be in full force and will take effect from and after its passage and publication on October 1, 2011. Enacted: July 26, 2011. _______________________________________ Jay Vavricek, Mayor ATTEST: ___________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of June 11, 2011 Annual Joint Central District Health Department Meeting Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF JOINT HEALTH SPECIAL MEETING July 11, 2011 Pursuant to due call and notice thereof, a Special Joint Meeting of the City Council of the City of Grand Island, Nebraska, the Hall County Board of Supervisors, the Hamilton County Board of Commissioners, the Merrick County Board of Commissioners, and the Central District Health Department was conducted at the Grand Island Public Library, 211 North Washington Street, Grand Island, Nebraska on July 11, 2011. Notice of the meeting was given in the Grand Island Independent on July 5, 2011. Central District Health Department Board Vice-President Dan Purdy called the meeting to order at 6:00 p.m. The following Health Board members were present: Dan Purdy, Vice-President (Hall Co.), Mike Bowman (Merrick Co.), Steve Kunzma n, Chuck Haase, Mike Bowman, Dr. Richard Fruehling, Steve Anderson, Roger Wiegert (Merrick Co.), and Tim Bergen (Hamilton Co.). The following Hall County Supervisors were present: Scott Arnold, Dave Ziola, Daniel Purdy, Pamela Lancaster, Steve Schuppan, Gary Quandt, and Hall County Clerk Marla Conley. The following Hamilton County Board of Commissioner was present: Tim Bergen. The following Merrick County Supervisor’s were present: Mike Bowman and Roger Wiegert. The following City Officials were present: Councilmember’s Mitch Nickerson Chuck Haase, and City Clerk RaNae Edwards. Health Department employees: Executive Director Teresa Anderson, Assistant Director Ryan King, Jeremy Eschliman, Jeremy Collinson, and Cindy Valdez. Dan Purdy welcomed the group and asked for comments from the group. Gary Quandt commended the Health Department on the parking lot. Mr. Quandt commented on sludge and requested the City and County work up a conditional use permit process for by-product application to land within the 2 mile jurisdiction. Theresa Anderson gave a PowerPoint presentation on the fiscal responsibility for the Health Department. Presented were the following four goals the Health Department: · Goal #1. Financial stability/fiscal responsibility · Goal #2. Optimal staff, expertise/knowledge/skills · Goal #3. Cohesive and effective local public health system · Goal #4. Quality assurance Ms. Anderson updated those present on programs provided by the Health Department such as: water tests, immunization, WIC, and Mission of Mercy. Dengue Fever was explained and the work being done with the CDC and DHHS. Ryan King finished the PowerPoint by explaining where we go from here. A survey taken in Hall, Hamilton and Merrick Counties showed obesity as a problem in each county. Other issues mentioned were: poverty, cancer, diabetes, access to Healthcare, educational attainment, and Behavior Health & Substance Abuse. Page 2, City Council Special Meeting, July 11, 2011 The Health Department wants to achieve healthier communities and change in lifestyles. Currently 67.5% of our community is overweight or obese and Nebraska ranks 15th in the nation in obesity. Obesity links to our leading cause of death – heart disease, cancer, and diabetes. Comments were made regarding the direction of the Health Department and wellness for the community. Jeremy Collinson answered questions concerning the mosquito program and what had been done. There was no West Nile detected in the Central District area at this time. Radon was discussed which was fairly common in the community. Test kits could be picked up at the Health Department. Councilmember’s Chuck Haase, Mitch Nickerson, and City Clerk RaNae Edwards left at 6:50 p.m. to attend a City Council meeting. Dan Purdy mentioned they had some employment opportunities for a Register Nurse, Analyst position, and a three Health Educators. ADJOURNMENT: The meeting was adjourned at 6:50 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G2 Approving Minutes of June 11, 2011 City Council Study Session Tuesday, July 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 July 11, 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 July 11, 2011. Notice of the meeting was given in the Grand Island Independent on July 5, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Chuck Haase, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard and John Gericke. Councilmember’s Larry Carney and Bob Niemann were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Bob Sivick, 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 Garrett Coble, Jessica Wiens and Ashley Bykerk. OTHER ITEMS: Discussion on Wastewater Treatment Plant Contract Management Request for Qualifications (RFQ). Public Works Director John Collins reported the City’s Wastewater employees were hired to operate the treatment plant and perform routine maintenance. Major repairs and upgrades were also being handled by the current staff. Research on the possibility of contract management for the Wastewater Treatment Plant had shown substantial savings and optimal choices. Based on what had been found Wastewater Management Companies would: · Optimize plant operations by utilizing expertise gained through years of operating dozens or even hundreds of these facilities · Reduce our immediate operating costs (i.e. major repairs and such) · Reduce long term costs by guiding our choices during the $44 million repair program · Reduce odor by optimizing operation Mr. Collins stated the City maintains control of factors such as setting rates and defining outcome and pays for large capital projects. The contractor handles the day to day operations, guaranteeing permit compliance, paying DEQ fines when they fail, all operating costs such as small equipment like trucks. Public Works was requesting approval from council to advertise for an RFQ to contract management of the treatment plant and pump stations. Lewis Kent, 624 Meves Avenue questioned if this was because of the sewer extension along Highway 281. Mr. Collins stated this was a separate issue. Page 2, City Council Study Session, July 11, 2011 Discussion was held concerning an engineering study analyzing the City’s Wastewater operations and deficiencies found. Mr. Collins answered questions concerning the amount of money spent on consulting services for the Wastewater Treatment Plant. These services would not be needed if the City had a management contract. Capital improvements were mentioned. Concerns were brought up concerning keeping the existing staff. Mr. Collins stated these employees were specialized in their field. Any reduction in staffing would be decided by the management company hired. Mayor stated a RFQ would be moved forward. Foundation and Initial Overview of the 2011-2012 Budget. City Administrator Mary Lou Brown stated the goal set by Council was for “Financial sustainability of City policies and services to best serve the people of Grand Island.” Presented were the following savings of $1 million in Fiscal Year 2010, while responding to a decreasing revenue stream: · Management of vacant positions $285,300 · Healthcare premium holidays $280,000 · Use of cash balance in Gas Tax Fund $260,000 · No purchase of aerial truck and lift $125,000 · Concrete and storm sewer repair reduced $100,000 Reviewed were the current year budget reductions which included: eliminating 25 full-time equivalent employee positions, incremental program revenue, program changes, and materially changed programs such as Code enforcement, operation hours of Library, and Parks maintenance. Revenues remained challenging with a decline in Federal grant income, timing of transfer, and City revenue growth that was slow. $1.2 million had been cut in the current year expenditures by managing vacant positions, avoiding outside employment services, delayed vehicle purchases, refinancing outstanding bond issues, avoiding additional debt, and obtaining Reynolds Foundation grant and continuing to explore additional private contributions. Ms. Brown stated the budget was driven by prioritization to lay the groundwork for long-term financial sustainability. The 2012 budget was impacted by Legislature cuts of $375,000 in State Aid to Cities funding, declining growth in property tax revenue, Municipal Equalization Funding (MEF) which was not available to the City, slow economic growth expected, and future Nebraska Advantage Act payments. Mentioned were the internal challenges of $1.5 million from Gas Tax Fund to offset last year’s budget which was a one-time transfer, seven union contract negotiations, outside vendor contracts set to increase, maintenance of aging infrastructure which needed to continue, and new revenue sources which had been limited. Page 3, City Council Study Session, July 11, 2011 The proposed 2011/2012 budget beginning General Fund Cash Balance was $6,925,817 with a proposed ending balance of $6,659,122. The following budget recommendations were presented: · Funding Sources: ? Credit for excess Food and Beverage Tax revenue ($500,000) ? Cell phone company occupation tax level increased to that of Lincoln (additional 3% would generate an additional $500,000) ? User fees to recover costs · Dedicate a portion of cash reserves to Fire and Police pending outcome of consultant’s work · Service Delivery Modifications: ? Yet to be determined reduction in Library service hours and/or program offerings ? Reduced park maintenance The proposed budget if approved by Council would achieve the short and long term objectives of a sound financial budget for 2011/2012. This budget would allow for a smaller and leaner organization using existing levels of sustainable revenue, along with efficiently and effectively delivering services. Reviewed was the Revenue Projections which was forecast for 2010/2011 at $37,220,588. The 2012 Budget was projected at $36,225,000. The following FTE Changes were presented: · Impacted employees are being notified over the next week · Within the General Fund, the net change is a reduction of 5.3 employees. The impacts are all in vacancies or part-time and seasonal positions · Within the remaining funds, three full-time employees will be impacted The following Additional Budget Assumptions were presented: · Solid Waste – elimination of residential clean-up card program; replacement with expanded tree limb program and reduction in minimum load charge · Lincoln Park Pool – funding for redevelopment is recommended with the property tax rate authority of CRA · Departmental Reorganizations Consolidation of an Administrative Services Department comprising all governance functions for added efficiency in a 500+ employee organization Public Works reorganization to gain efficiencies and continue to strengthen the professional engineering skills of the team Lewis Kent, 624 Meves Avenue commented on expenses to the Fieldhouse building and Veteran’s Athletic Field Complex. Mr. Lewis stated he was not in favor of adding a position for Assistant City Administrator when the City was laying off other positions. Page 4, City Council Study Session, July 11, 2011 Comments were made regarding the sunset tax on food and beverage and the lottery fund match for the State Fair. Mentioned was paying off the debt of the Fieldhouse as soon as possible and not using the revenue from these for purposes other than what they were originally planned for. Ms. Brown answered questions concerning the Nebraska Advantage Act, non-departmental fund, long-term contracts, and mentioned the Assistant City Administrator position would be brought back to Council at a future Study Session. Debt refinancing of the Heartland Events Center would be brought forward to Council in the near future. Debt refinancing of water and electric would be looked at next. Mentioned was there were no funds in the proposed budget for a Legislative Lobbyist position. Lincoln Park Pool was mentioned regarding the CRA budget increase in levy which would be brought back to Council for further study. Explained was hiring a consultant to review the positions for the Police and Fire Departments. Comments were made concerning a mill levy increase. Discussion was held concerning the impact of the State Fair generating taxes. Mayor Vavricek commented on the amount of work to create a budget. Explained was the process going forward. Community meetings would be held for additional input. The current proposed budget was $1 million less than last year. Protecting the current employees was a priority. Current staffing was at a level of 12 years ago. Ms. Brown commented on the format of the Community meetings. Mayor Vavricek asked the City Attorney to research the matter of the City lottery match to the State Fair. ADJOURNMENT: The meeting was adjourned at 9:10 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of July 12, 2011 City Council Regular Meeting Tuesday, July 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 July 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 July 12, 2011. Notice of the meeting was given in The Grand Island Independent on July 6, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Larry Carney, Chuck Haase, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard and John Gericke. Councilmember Bob Niemann was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards , City Attorney Robert Sivick, and Public Works Director John Collins. INVOCATION was given by Father Jonathan Sorenson, St. Mary’s Cathedral Catholic Church, 204 South Cedar Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Mitch Maginnis and Kellon Johnson. Mentioned were the Community Meetings to be held for budget discussions. City Attorney Robert Sivick commented on the State Fair lottery proceeds match. LB 426 was passed providing lottery proceeds to the State Fair. The authority for the City to provide funds for the State Fair are in Nebraska State Statures §2108, 2109, & 2110. MEF funds will be brought before Council the latter part of August. City Administrator Mary Lou Brown updated the Council on the One-Stop building. The State of Nebraska Dept. of Administrative Services had agreed to a month-to-month lease. Sanitary Sewer extension along 281 is continuing. NDEQ was processing an extension from the motels along I-80. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9299 – Consideration of Creation of Sanitary Sewer District No. 528; Wildwood Subdivision be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Dugan second the motion. Upon roll call vote, all voted aye. Motion adopted. Public Works Director John Collins reported that a petition had been received for the creation of a sanitary sewer district for properties annexed into the City limits in August 2002. Properties were located along Highway 281 and 34 and Wildwood Drive in Wildwood Subdivision. Discussion was held regarding farm ground adjacent to the Sewer District and whether they would have to pay the assessment. Regional Planning Director Chad Nabity stated this district would not affect any farm ground. The district would serve all of Wildwood Subdivision which wa commercial Page 2, City Council Regular Meeting, July 12, 2011 and industrial. Each property owner would have the ability to protest the district. Explained was special assessments and how the Sanitary Sewer District was formed. Motion by Dugan, second by Nickerson to approve Ordinance #9299. City Clerk: Ordinance #9299 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9299 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 #9299 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-3, G-5, and G-6 were removed for further discussion. Motion by Dugan, second by Gard to approve the Consent Agenda excluding items G-3, G-5, and G-6. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of June 28, 2011 City Council Regular Meeting. #2011-165 – Approving Change Order #1 – Water Main Project 2009-W-1 – Cedar Street from South Front Street to North Front Street with Van Kirk Brothers Contracting of Sutton, Nebraska for a Reduction of $2,989.24 and a Revised Contract Amount of $175,183.06. #2011-167 – Approving Supplemental Agreement No. 3 with Schemmer Associates, Inc. of Lincoln, Nebraska for Engineering Consulting Services for the Walk to Walnut Project for Rockwell & Associates of Grand Island, Nebraska as a sub-consultant in an Amount of $33,388.05. #2011-170 – Approving Amendment to the 2010/2011 Fee Schedule Relative to Island Oasis Full Day Rental Rate. #2011-171 – Approving Final Plat and Subdivision Agreement for R & R Rauert Subdivision. It was noted that Paul & Carroll Rauert, Co-Trustees of the Rauert Family Trust had submitted the Final Plat and Subdivision Agreement for R & R Rauert Subdivision for the purpose of creating 1 lot on property located east of Sky Park Road and south of White Cloud Road in the two mile extraterritorial jurisdiction containing approximately 5.746 acres. #2011-172 – Approving Extension of Storm Water Management Plan Program Grant. #2011-166 – Approving Bid Award for Purchase of Liquid Ortho-Polyphosphate for Corrosion Control with Carus Phosphates, Inc. of Belmont, North Carolina in an Amount not to exceed $20.00 per million gallons of water treated, annual amount estimated at $90,000.00. Utility Director Tim Luchsinger explained the need to purchase Liquid Ortho-Polyphosphate for Corrosion Control. Discussion was held regarding the engineers estimate and the disparity in the bids. Motion by Nickerson, second by Donaldson to approve Resolution #2011-166. Upon roll call vote, all voted aye. Motion adopted. #2011-168 – Approving Bid Award for the 2011 Asphalt Resurfacing Project No. 2011-AC-1 with J.I.L Asphalt Paving Company of Grand Island, Nebraska in an Amount of $305,464.36. Project Page 3, City Council Regular Meeting, July 12, 2011 Manager Scott Griepenstroh explained the area that would have asphalt resurfacing. Discussion was held regarding Section #10 of the bid. Public Works Director John Collins stated Section #10 of the bid was for the mobilization cost and traffic control. Motion by Haase, second by Ramsey to approve Resolution #2011-168. Upon roll call vote, all voted aye. Motion adopted. #2011-169 – Approving Neighborhood Stabilization Project (09-3N-11) Grant Extension Request. Regional Planning Director Chad Nabity reported that in 2009 the City was awarded a $993,712 Neighborhood Stabilization Program Grant from the Nebraska Department of Economic Development. An additional $190,000 was awarded in September 2010 for additional demolition and redevelopment. The City had demolished 11 blighted structures and will fund construction of 8 new houses. Habitat for Humanity had constructed three houses and the Housing Development Corporation had coordinated construction of houses on three of the properties and had agreed to construct two additional houses. The current contract end date was August 23, 2011 and the proposed contract extension end date was August 23, 2012 to complete the project. Motion by Donaldson, second by Dugan to approve Resolution #2011-169. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Gard to approve the Claims for the period of June 29, 2011 through July 12, 2011, for a total amount of $1,820,494.17. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Dugan to adjourn to Executive Session at 7:45 p.m. for the purpose of union negotiation updates for the protection of the public interest. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Ramsey to return to Regular Session at 8:30 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. RaNae Edwards City Clerk Item G4 Approving Minutes of July 19, 2011 City Council Study Session Tuesday, July 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 July 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 July 19, 2011. Notice of the meeting was given in the Grand Island Independent on July 13, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Chuck Haase, Bob Niemann, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, and John Gericke. Councilmember’s Larry Carney, Kirk Ramsey, Randy Gard, and Scott Dugan were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Bob Sivick, and Public Works Director John Collins. PLEDGE OF ALLEGIANCE was said. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Reyna Raymundo and Andrea Voss and Board member Craig Garrett. OTHER ITEMS: 2012 Budget - Overview of City’s Prioritization Based Budgeting Process. Paul Wicht, 396 S. Kimball made several suggestions on how to save money in the 2011-2012 budget. Mentioned were: new employees starting at a lower step, not hiring an Assistant to the City Administrator, retirement of Parks and Recreation Director, and using in-house services for designing Lincoln Pool. City Administrator Mary Lou Brown introduced Jon Johnson and Chris Fabian from the Center for Priority Based Budgeting to review the Cit y’s programs and quartiles. A brief overview was presented. Jon Johnson and Chris Fabian presented the following steps to successful prioritization: · Determine Results · Clarify Result Definitions · Identify Program and Services · Value Programs Based on Results · Allocate Resources Based on Priorities Larry Carney was present at 7:15 p.m. The following five result maps were identified by the City: · Stewardship of the Environment o Provides for the renewal of the environment through recycling and reuse Page 2, City Council Study Session, July 19, 2011 o Manages and mitigates factors that impact environmental quality and sustainability o Promotes and regulates a clean, orderly and ecologically balanced community o Controls and abates threats to the environment caused by nature o Encourages energy conservation and efficiency through education, incentives and the provision of alternative solutions · Quality of Life o Provides opportunities and access to services that promote the health, safety, wellbeing and basic needs of its citizens o Supports and encourages access to quality employment and educational opportunities to sustain the community o Promotes and maintains an attractive place to live o Provides opportunities and facilities for safe, inclusive and diverse recreational activities o Promotes cultural enrichment and diversity, supports the arts, and encourages event sand activities that stimulate the community o Develops and maintains safe, reliable and efficient roadway, storm water and public transit infrastructure · Safe Community o Protects its citizens, proactively prevents crime and enforces the law o Encourages a community that feels safe, accepting and connected o Proactively prepares, promptly alters and swiftly responds to emergencies o Protects the physical and environmental health of the community o Facilitates and enhances safe transportation and mobility options · Strategic, Sustainable and Maintained Development o Enhances its identity as regional trade center and encourages tourism opportunities o Recruits, retains and revitalizes a business community that provides opportunities for a skilled, quality workforce o Encourages sustainable and affordable development supported by sufficient city services and infrastructure o Promotes well-regulated, strategically planned and future-focused development o Leverages regional and community partnerships · Governance o Provides leadership and supports decision making with timely and accurate data and analysis o Enables and facilitates timely and effective two-way communication between all involved stakeholders o Protect and effectively manages the City’s financial, human, physical and technology resources o Attracts, develops and supports an engaged and productive workforce o Provides assurance of regulatory and policy compliance to minimize risk and provide accountability o Responds to the needs of the departments with timely technical assistance and expertise Page 3, City Council Study Session, July 19, 2011 Scoring each program was explained with a 4 being high and 0 being low. Mandated programs were also scored with a 4 being high and 0 representing no requirement or mandate existed. Demand for service was also scored with 4 being an increase in demand of 25% or more to a -4 representing a decrease in demand of 25% or more. Scores for cost of recovery of the program and reliance on the City to provide the service was presented. Quartile groupings were defined. Discussion was held regarding programs in the Governance category with the City deciding where those programs should be scored. Total reduction in the General fund for the 2011-2012 budget was 3.65% with higher priority programs having a less decrease than the lower priority programs. This avoided an across the board cut in all programs. 21% of the revenues received were from program fees which was a little lower than what they had seen in other communities. Ms. Brown stated the budget book this year showed revenues for programs where fees were collected. Comments were made concerning the peer review process and citizens survey. An interactive model of the City’s 2011-2012 budget was presented and discussed. Mr. Johnson stated their goal in the next six months was to make this interactive model available to the public on-line. Mr. Johnson me ntioned Grand Island was a model community and they used Grand Island’s results in their presentations across the country. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. RaNae Edwards City Clerk Item G5 Approving Appointment of Nate Wieland to the Business Improvement District #7 Board The Mayor has submitted the appointment of Nate Wieland to replace Jeff Reed to the Business Improvement District #7 Board. This appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2013. Approval is recommended. Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G6 Approving Re-Appointment of Melissa Rae Girard to the Animal Advisory Board The Mayor has submitted the re-appointment of Melissa Rae Girard to the Animal Advisory Board. This appointment would become effective August 14, 2011 upon approval by the City Council and would expire on August 13, 2014. Approval is recommended. Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G7 Approving Re-Appointments of Brad Kissler, Marv Webb, Mike Wenzl, and Todd Enck to the Building Code Advisory Board The Mayor has submitted the re-appointments of Brad Kissler, Marv Webb, Mike Wenzl, and Todd Enck to the Building Code Advisory Board. These appointments would become effective August 2, 2011 upon approval by the City Council and would expire on August 1, 2013. Approval is recommended. Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G8 #2011-173 - Approving Acquisition of Utility Easement - Northwest Corner of Skagway North Parking Lot - Wilmar Realty, LLC This item relates to the aforementioned Public Hearing item E-3. Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-173 WHEREAS, a public utility easement is required by the City of Grand Island, from Wilmar Realty, LLC, 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 July 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: Tract 1. The westerly ten (10.0) feet of Lot Three (3) Skag-Way Subdivision. Tract 2. Beginning at a particular northwest corner of Lot One (1) Skag-Way Second Subdivision being on the easterly right-of-way line of Broadwell Avenue; thence easterly along a particular northerly line of said Lot One (1) Skag-Way Second Subdivision, and being the southerly line of Lot Three (3) Skag-Way Subdivision, a distance of twenty (20.0) feet; thence southerly and parallel with the easterly right-of-way line of said Broadwell Avenue, a distance of twenty (20.0) feet; thence westerly and parallel with the said northerly line of Lot One (1), a distance of ten (10.0) feet; thence southerly and parallel with the easterly right-of-way line of said Broadwell Avenue, a distance of one hundred (100.0) feet; thence westerly and parallel with the said northerly line of Lot One (1), a distance of ten (10.0) feet; thence northerly along the easterly right-of-way line of said Broadwell Avenue, a distance of one hundred twenty (120.0) feet to the said Point of Beginning. The above-described easement and right-of-way containing a combined total of 0.076 acres, more or less, as shown on the plat dated 7/7/2011, 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 Wilmar Realty, LLC, on the above-described tract of land. - - - - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-174 - Approving Acquisition of Utility Easement - 2015 North Broadwell - Five Points Bank This item relates to the aforementioned Public Hearing item E-4. Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-174 WHEREAS, a public utility easement is required by the City of Grand Island, from Five Points Bank, 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 July 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: The southerly ten (10.0) feet of the westerly two hundred sixty (260.0) feet of the northerly one hundred thirty five (135.0) of Lot Six (6) Home Subdivision. The above-described easement and right-of-way containing 0.06 acres, more or less, as shown on the plat dated 7/7/2011, 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 Five Points Bank, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-175 - Approving Certificate of Final Completion - Water Main Project 2009-W-1 - Cedar Street between South Front and North Front Streets Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: July 26, 2011 Subject: Water Main Project 2009-W-1 Cedar Street between South Front and North Front Streets - Certificate of Final Completion Item #’s: G-10 Presenter(s): Timothy Luchsinger, Utilities Director Background The project area is located in Cedar Street between South Front Street and North Front Street and crosses under the Union Pacific Railroad. In 2008, the existing 12” main broke within the railroad’s right-of-way. Due to the possibility of another pipeline failure, a contract to replace this section of water main was awarded to Van Kirk Brothers Contracting of Sutton, Nebraska. The work involved the installation of a 24” diameter steel casing under the tracks with a new replacement ductile-iron water main. A location map is attached. All piping, infrastructure, and restoration has been completed, tested, and placed in service. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specifications for a total cost of $175,183.06. Attached is the Certificate of Final Completion. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the Certificate of Final Completion for Water Main Project 2009-W-1; Cedar Street – South Front Street to North Front Street. Sample Motion Move to approve the Certificate of Final Completion for Water Main Project 2009-W-1; Cedar Street – South Front Street to North Front Street. Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-175 WHEREAS, the Interim Public Works Director/Utilities Director for the City of Grand Island has issued a Certificate of Final Completion for Water Main Project 2009-W- 1 (Cedar Street between South Front and North Front Streets) certifying that Van Kirk Brothers Contracting of Sutton, Nebraska, under contract, has completed the water main installation portion of such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director/Utilities Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendations of the Public Works Director/Utilities Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2009-W-1 is hereby accepted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2011-176 - Approving Bid Award - Water Main Project 2011-W- 3 - Broadwell Avenue and Vine Street at the Union Pacific Railroad Crossings Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Jason Eley, Assistant City Attorney/Purchasing Meeting: July 26, 2011 Subject: Bid Award – Water Main Project 2011-W-3 Broadwell Avenue at the U.P.R.R. and Vine Street at the U.P.R.R. Item #’s: G-11 Presenter(s): Timothy Luchsinger, Utilities Director Background In January of this year, the 10’ diameter water main in Broadwell Avenue broke under the Union Pacific mainline tracks (mile post 147.82). In February, the 10” water main in Vine Street extended broke within the railroad’s right-of-way (mile post 146.52). Both pipelines were taken out of service until permanent repairs could be made. The water mains are both approximately 80 years old and were installed without protective outer casings. Due to the age of the pipes and potential damage to railroad property, plans and specifications for Water Main Project 2011-W-3 were prepared to replace both sections of pipeline. The project will install 20” diameter steel casings under the tracks and replace the water mains at both locations. Maps of the crossing areas are attached for reference. Discussion Bidding documents were advertised in accordance with City Procurement Codes. Ten construction companies received copies of the specifications and plans. Two bids were publicly opened at 2:00 p.m. on July 13, 2011. Below is a tabulation of the bids received: Bidder Bid Security Exceptions Bid Price General Excavating Universal Surety Co. None $193,022.32 Lincoln, NE Diamond Engineering Co. Universal Surety Co. None $178,473.95 Grand Island, NE The bids have been reviewed and evaluated, and are without errors or exceptions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid, and award the contract for Water Main Project 2011-W-3, Broadwell Avenue and Vine Street at the Union Pacific Railroad Crossing, to the low responsive bidder, the Diamond Engineering Company of Grand Island, Nebraska, in the amount of $178,473.95. Sample Motion Move to approve the bid of Diamond Engineering Company for Water Main Project 2011-W-3, Broadwell Avenue and Vine Street at the Union Pacific Railroad Crossing in the amount of $178,473.95. Water Main Project 2011-W-3Bids7/13/2011 Broadwell Avenue and Vine Street - UPRR Crossings DIAMOND ENGINEERING COGENERAL EXCAVATING ITEMDESCRIPTIONQUANTITY EST.Unit $Total $Unit $Total $ 1.0120" Dia x 0.375" Steel Casing325.0l.f.224.072,800.00300.097,500.00 1.0210" D.I. Pipe (RJ)447.7l.f.75.433,756.5855.024,623.50 1.03 6" D.I. Pipe (SJ)31.0l.f.55.01,705.0050.01,550.00 1.0410"x10"x10" Tapping Sleeve (MJ)1.0ea.4,180.04,180.002,550.02,550.00 1.0510"x10"x10" Tee (MJ)4.0ea.766.03,064.00490.01,960.00 1.0610"x90° Ell (MJ)3.0ea.619.01,857.00380.01,140.00 1.0710"x22.5° Ell (MJ)2.0ea.555.01,110.00350.0700.00 1.0810" Cap (MJ)7.0ea.350.02,450.00225.01,575.00 1.0910" Plug (MJ)3.0ea.360.01,080.00225.0675.00 1.1010" Retainer Gland25.0ea.190.04,750.00100.02,500.00 1.1110"x6" Reducer (MJ)1.0ea.390.0390.00300.0300.00 1.12 6"x45° Ell (MJ)1.0ea.285.0285.00390.0390.00 1.13 6"x18" Offset Fitting (MJ)1.0ea.487.0487.00530.0530.00 1.14 6" Retainer Gland5.0ea.132.0660.00180.0900.00 1.1510" RS Gate Tapping Valve1.0ea.2,936.02,936.002,800.02,800.00 1.1610" RS Gate Valve1.0ea.2,514.02,514.002,300.02,300.00 1.17 6" RS Gate Valve1.0ea.1,130.01,130.00930.0930.00 1.18Valve Box3.0ea.312.0936.00200.0600.00 1.19Fire Hydrant1.0ea.468.0468.001,200.01,200.00 1.20Thrust Block12.0ea.545.06,540.00250.03,000.00 1.21 I - Beam Block5.0ea.768.03,840.001,000.05,000.00 1.22Protective Posts2.0ea.355.0710.00280.0560.00 1.23Remove & Salvage 10" Gate Valve1.0ea.350.0350.00600.0600.00 1.24Remove & Salvage Valve Box1.0ea.158.0158.00100.0100.00 1.25Pavement Saw-Cut142.9l.f.4.6657.345.5785.95 1.26Remove Asph/Conc Roadway74.5s.y.9.0670.5011.0819.50 1.27Replace Asph/Conc Roadway74.5s.y.65.04,842.5095.07,077.50 1.28Regrade & Regravel Roadway20.0ton34.6692.0020.0400.00 1.29Remove Asph/Conc Driveway190.5s.y.9.81,866.9011.02,095.50 1.30Replace Asph/Conc Driveway190.5s.y.48.69,258.3080.015,240.00 1.31Remove Curb & Gutter39.2l.f.6.8266.567.0274.40 1.32Replace Curb & Gutter39.2l.f.22.7889.8421.0823.20 1.33Remove Conc. Sidewalk132.3s.f.1.2158.761.5198.45 1.34Replace Concrete Sidewalk132.3s.f.7.0926.108.01,058.40 1.358 mil Polywrap478.7l.f.1.1526.571.6765.92 1.3610" Saddle and 2" Corp.1.0ea.900.0900.00500.0500.00 1.37Abandonment of 10" Water Main, Complete2.0ea.2,550.05,100.001,400.02,800.00 1.38Temporary Erosion Control - Complete2.0ea.516.01,032.00600.01,200.00 1.39Temporary Traffic Control - Complete2.0ea.1,265.02,530.002,500.05,000.00 Construction Estimate $178,473.95 $193,022.32 Schedule 171 days70 days Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: July 13, 2011 at 2:00 p.m. FOR: Water Main Project 2011-W-3 DEPARTMENT: Utilities ESTIMATE: $223,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: June 24, 2011 NO. POTENTIAL BIDDERS: 10 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: $178,473.95 $193,022.32 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Tom Barnes, Utilities Eng. P1483 Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-176 WHEREAS, the City of Grand Island invited sealed bids for Water Main Project 2011-W- 3, Broadwell Avenue at the Union Pacific Railroad, and Vine Street at the Union Pacific Railroad, according to plans and specifications on file with the Utilities Department; and WHEREAS, on July 13, 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 $178,473.95; and WHEREAS, the bid of the Diamond Engineering Company is less than the estimate for Water Main Project 2011-W-3, Broadwell Avenue at the Union Pacific Railroad, and Vine Street at the Union Pacific Railroad. 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 $173,473.95 for Water Main Project 2011-W-3, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2011-177 - Approving FY 2011-2012 Annual Budget for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road, and Setting Date for Board of Equalization Tuesday, July 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/Finance Director Meeting: July 26, 2011 Subject: Approving FY 2011-2012 Annual Budget for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road, and Setting Date for Board of Equalization Item #’s: G-12 Presenter(s): Mary Lou Brown, City Administrator/Finance Director Background In July, 2002, the City Council adopted Ordinance #8751 creating Business Improvement District (BID) #4, South Locust Street from Stolley Park Road to Fonner Park Road. The ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. The BID #4 Board met and approved the 2011-2012 Budget which provides for special assessments in the amount of $5.65 per front footage for a total of $27,962 for the 4,949 front footage. Discussion The majority of the appropriations in the proposed budget of $38,100 are for the upkeep of sprinkler systems, maintenance of green spaces, and snow removal along their portion of the South Locust corridor. The appropriations for 2011-2012 also include a City fee of $1,500 for accounting services. A copy of the proposed 2011-2012 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the 2011-2012 Budget for BID #4 and set the date for the Board of Equalization. 2. Modify the budget and/or reschedule the Board of Equalization. Recommendation City Administration recommends that the Council approve the 2011-2012 Budget for BID #4 and set the date of September 13, 2011 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2011-2012 Budget for BID #4 and set the date of September 13, 2011 for the Board of Equalization. BUSINESS IMPROVEMENT BOARD #4 FY 2011-2012 BUDGET 2006 2007 2008 2009 2010 2011 2011 2012 Actual Actual Actual Actual Actual Budget Projected Budget ASSESSMENT PER FRONT FOOTAGE $3.50 $3.50 $4.50 $5.00 $5.30 $5.65 $5.65 $5.65 Front Footage 4,949 4,949 4,949 4,949 4,949 4,949 4,949 4,949 REVENUE 94011413 Account 74140 Special Asessments 17,390 16,859 22,207 24,767 26,234 27,962 27,966 27,962 74787 Interest Revenue - - 12 98 50 - - - 74795 Other Revenue - - 107 - - TOTAL REVENUE 17,390 16,859 22,219 24,972 26,283 27,962 27,966 27,962 APPROPRIATIONS Account 85213 Contract Services 13,432 12,447 15,320 21,545 22,970 21,500 22,250 23,000 85245 Printing & Binding Services 37 224 52 127 45 100 70 100 85249 Snow & Ice Removal - 425 1,278 831 1,884 1,500 620 1,500 85305 Utility Services 3,730 2,972 3,038 4,836 2,682 4,500 5,200 5,000 85319 Repair & Maint - Land Improve.978 3,094 585 570 721 2,000 1,365 1,500 85413 Postage 67 56 115 132 116 250 120 250 85416 Advertising - - - - - - - - 85419 Legal Notices 260 240 303 323 277 500 290 500 85490 Other Expenditures - - - - - 500 - 2,750 85505 Office Supplies - - - - - 250 - 250 85560 Trees and Shrubs - 2,160 - - - - - 2,250 85590 Other General Supplies 3,883 60 - 23 - 1,000 - 1,000 TOTAL OPERATING EXPENSE 22,387 21,678 20,690 28,387 28,695 32,100 29,915 38,100 ANNUAL EXCESS/(LOSS)(4,997) (4,819) 1,530 (3,415) (2,411) (4,138) (1,949) (10,138) Beginning Cash Balance 27,921 22,924 18,105 19,635 16,220 13,809 13,809 11,860 Revenues 17,390 16,859 22,219 24,972 26,283 27,962 27,966 27,962 Expenditures 22,387 21,678 20,690 28,387 28,695 32,100 29,915 38,100 Ending Cash Balance 22,924 18,105 19,635 16,220 13,809 9,670 11,860 1,721 Approved as to Form ¤ ___________ July 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-177 WHEREAS, the City Council has considered the proposed budget of the Business Improvement District No. 4 for the fiscal year 2011-2012; and WHEREAS, the City has received the assessed values of the individual properties within Business Improvement District No. 4 as shown in the office of the Hall County Assessor in effect on the first day of January, 2011; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for Business Improvement District No. 4 is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 13, 2011 at 7:00 p.m. in the City Council chambers of City Hall, 100 East First Street, Grand Island, Nebraska. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of Business Improvement District No. 4 by U.S. mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2011-178 - Approving FY 2011-2012 Annual Budget for Business Improvement District #6, Second Street, and Setting Date for Board of Equalization Tuesday, July 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/Finance Director Meeting: July 26, 2011 Subject: Approving FY 2011-2012 Annual Budget for Business Improvement District #6, Second Street, and Setting Date for Board of Equalization Item #’s: G-13 Presenter(s): Mary Lou Brown, City Administrator/Finance Director Background On September 9, 2008, the City Council adopted Ordinance #9186 creating Business Improvement District (BID) #6, Second Street. The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area that would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. The BID #6 Board met and approved the 2011-2012 Budget which provides for special assessments in the amount of $4.00 per front footage for a total of $29,576 for the 7,144 front footage. Discussion The majority of the proposed appropriation budget of $36,361 is to be used for the maintenance of frontage areas along the Second Street portion of their district. The appropriations for 2011-2012 also include a City fee of $1,500 for accounting services. A copy of the proposed 2011-2012 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 2011-2012 Budget for BID #6 and set the date for the Board of Equalization. 2. Modify the budget and/or reschedule the Board of Equalization. Recommendation City Administration recommends that the Council approve the 2011-2012 Budget for BID #6 and set the date of September 13, 2011 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2011-2012 Budget for BID #6 and set the date of September 13, 2011 for the Board of Equalization. BUISNESS IMPROVEMENT DISTRICT #6 - SECOND STREET FY 2011-2012 BUDGET 2009 2010 2011 2011 2012 2013 Actual Actual Budget Projected Budget Budget Front Footage 7,144 7,144 7,144 7,144 7,144 7,144 Levy (Per Foot)$6.00 $6.00 $5.00 $4.50 $2.00 $4.00 REVENUE 94011616 Account 74140 Special Asessments 42,447 38,001 35,720 35,720 14,288 28,576 74787 Interest Revenue 84 124 74795 Other Revenue - - 1,000 2,376 1,000 1,000 TOTAL REVENUE 42,531 38,125 36,720 38,096 15,288 29,576 APPROPRIATIONS Account 85213 Contract Services 5,145 6,892 15,000 18,000 17,000 15,000 85241 Computer Services - - - 85245 Printing & Binding Services 98 81 300 70 300 300 85249 Snow & Ice Removal - - - - - 85290 Other Professional Services - 1,500 1,500 1,500 1,500 1,500 85305 Utility Services - - 2,100 750 2,200 2,300 85390 Other Property Services - - - - - - 85413 Postage 248 229 250 250 250 250 85416 Advertising - - 1,500 - 1,500 1,500 85419 Legal Notices 833 589 500 550 500 500 85422 Dues & Subscriptions - - - 85428 Travel & Training - - - 85490 Other Expenditures - - 3,000 - 2,975 85505 Office Supplies 5 - 250 15 250 250 85560 Trees & Shrubs 2,472 - 2,500 1,305 2,000 1,500 85590 Other General Supplies - - 500 - 500 500 85608 Land Improvements - 3,758 8,000 4,282 - 9,786 TOTAL OPERATING EXPENSE 8,802 13,049 35,400 26,722 26,000 36,361 ANNUAL EXCESS/(LOSS)33,730 25,076 1,320 11,374 (10,712) (6,785) Beginning Cash Balance - 33,730 58,806 60,126 71,500 60,788 Revenues 42,531 38,125 36,720 38,096 15,288 29,576 Expenditures 8,802 13,049 35,400 26,722 26,000 36,361 Ending Cash Balance 33,730 58,806 60,126 71,500 60,788 54,003 Approved as to Form ¤ ___________ July 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-178 WHEREAS, the City Council has considered the proposed budget of the Business Improvement District No. 6 for the fiscal year 2011-2012; and WHEREAS, the City has received the assessed values of the individual properties within Business Improvement District No. 6 as shown in the office of the Hall County Assessor in effect on the first day of January, 2011; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for Business Improvement District No. 6 is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 13, 2011 at 7:00 p.m. in the City Council chambers of City Hall, 100 East First Street, Grand Island, Nebraska. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of Business Improvement District No. 6 by U.S. mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011 . _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2011-179 - Approving FY 2011-2012 Annual Budget for Business Improvement District #7, South Locust Street from Highway 34 to Stolley Park Road, and Setting Date for Board of Equalization Tuesday, July 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/Finance Director Meeting: July 26, 2011 Subject: Approving FY 2011-2012 Annual Budget for Business Improvement District #7, South Locust Street from Stolley Park Road to Highway 34, and Setting Date for Board of Equalization Item #’s: G-14 Presenter(s): Mary Lou Brown, City Administrator/Finance Director Background On September 9, 2008, the City Council adopted Ordinance #9187 creating Business Improvement District (BID) #7, South Locust Street from Stolley Park Road to Highway 34. The creating ordinance establishes the purpose of the District, describes the boundaries, and establishes that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. The BID #7 Board met and approved the 2011-2012 Budget which provides for special assessments in the amount of $6.00 per front footage for a total of $58,882 for the 9,814 front footage. Discussion The majority of the proposed appropriations budget of $56,645 is to be used for the maintenance of frontage areas along the South Locust Street portion of their district The appropriations for 2011-2012 also include a City fee of $875 for accounting services. A copy of the proposed 2011-2012 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 2011-2012 Budget for BID #7 and set the date for the Board of Equalization. 2. Modify the budget and/or reschedule the Board of Equalization. Recommendation City Administration recommends that the Council approve the 2011-2012 Budget for BID #7 and set the date of September 13, 2011 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2011-2012 Budget for BID #7 and set the date of September 13, 2011 for the Board of Equalization. BUSINESS IMPROVEMENT BOARD #7 STOLLEY PARK ROAD TO HWY 34 FY 2011-2012 (Old BID #3) 2008 2009 2010 2011 2011 2012 Actual Actual Actuals Budget Projected Budget Front Footage 9,945 9,814 9,386 9,386 9,386 9,814 $4.25 $4.75 $5.33 $5.15 $5.33 $6.00 REVENUE 94011412 Account 74140 Special Asessments 40,453 42,862 44,672 48,325 50,027 58,882 74787 Interest Revenue 0 61 37 0 74795 Other Revenue 10 1,662 0 0 0 0 TOTAL REVENUE 40,462 44,585 44,709 48,325 50,027 58,882 APPROPRIATIONS Account 85213 Contract Services 26,147 25,956 29,320 30,100 32,650 31,200 85245 Printing & Binding Services 90 105 73 - - - 85249 Snow & Ice Removal 988 1,138 2,863 2,000 1,800 2,000 85290 Other Professional & Tech.- - 85305 Utility Services 4,153 3,945 6,544 6,615 7,400 6,945 85319 Repair & Maint - Land Improv 916 9,441 1,587 3,150 5,700 7,500 85325 Repair & Maint - M & E - - - - 85390 Other Property Services - - - - - - 85413 Postage 182 156 136 250 175 250 85416 Advertising - - - - - - 85419 Legal Notices 457 598 413 750 500 750 85490 Other Expenditures - 15,823 75 - - 3,000 85505 Office Supplies - - - 100 - 100 85560 Trees & Shrubs - 2,100 460 2,000 - 4,000 85590 Other General Supplies - - - - - 85608 Land Improvements - - 3,000 - 900 TOTAL OPERATING EXPENSE 32,933 59,262 41,470 47,965 48,225 56,645 ANNUAL EXCESS/(LOSS)7,529 (14,677)3,238 360 1,802 2,237 Beginning Cash Balance 9,772 17,301 2,532 5,771 5,771 7,573 Revenues 40,462 44,585 44,709 48,325 50,027 58,882 Expenditures 32,933 59,262 41,470 47,965 48,225 56,645 Ending Cash Balance 17,301 2,532 5,771 6,131 7,573 9,810 Approved as to Form ¤ ___________ July 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-179 WHEREAS, the City Council has considered the proposed budget of the Business Improvement District No. 7 for the fiscal year 2011-2012; and WHEREAS, the City has received the assessed values of the individual properties within Business Improvement District No. 7 as shown in the office of the Hall County Assessor in effect on the first day of January, 2011; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for Business Improvement District No. 7 is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 13, 2011 at 7:00 p.m. in the City Council chambers of City Hall, 100 East First Street, Grand Island, Nebraska. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of Business Improvement District No. 7 by U.S. mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2011-180 - Approving FY 2011-2012 Annual Budget for Business Improvement District #8, Downtown, and Setting Date for Board of Equalization Tuesday, July 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/Finance Director Meeting: July 26, 2011 Subject: Approving FY 2011-2012 Annual Budget for Business Improvement District #8, Downtown, and Setting Date for Board of Equalization Item #’s: G-15 Presenter(s): Mary Lou Brown, City Administrator/Finance Director Background On August 26, 2009, the City Council adopted Ordinance #9180 creating Business Improvement District (BID) #8, Downtown. The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. The BID #8 Board met and approved the 2011-2012 budget which provides for special assessments in the amount of $90,000. Discussion In this district, assessments are paid by property owners based on the valuation of land and real property in the district as of January 1 of the current year. No personal property is figured into the assessment. Owners are billed for the assessment on October 1 of each fiscal year. The total taxable value for the district as of January 1, 2011 was $31,679,040 which for budgeted assessments of $90,000 gives a levy of .284100 per $100 of real property. Downtown Beautification, Retention and Recruitment, and Maintenance are the areas of proposed work to be performed by the BID. The appropriations for 2011-2012 also include a City fee of $4,000 for accounting services. A copy of the proposed 2011- 2012 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 2011-2012 Budget for BID #8 and set the date for the Board of Equalization. 2. Modify the budget and/or reschedule the Board of Equalization. Recommendation City Administration recommends that the Council approve the 2011-2012 Budget for BID #8 and set the date of September 13, 2011 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2011-2012 Budget for BID #8 and set the date of September 13, 2011 for the Board of Equalization. BUISNESS IMPROVEMENT DISTRICT #8 FY 2011-2012 2008 2009 2010 2011 2011 2012 Actual Actual Actual Budget Projected Budget Valuation 29,326,665 30,099,334 31,679,040 31,790,717 31,679,040 31,679,040 Levy 0.295599 0.29705 0.283101 0.283102 0.283101 0.284100 REVENUE 94011414 Account 74140 Special Asessments 81,126 84,112 89,143 90,000 89,684 90,000 74736 Donations & Contribution 1,050 750 74795 Other Revenue 5,219 2,576 - 49,911 - - 74787 Interest 13 36 156 140 TOTAL REVENUE 86,358 87,773 90,049 139,911 89,824 90,000 APPROPRIATIONS Account 85213 Contract Services 49,390 38,883 29,390 45,000 31,034 45,000 85245 Printing & Binding Services 3,759 1,815 1,470 4,000 1,572 4,000 85249 Snow & Ice Removal - 450 929 500 231 500 85290 Other Professional Services 6,707 7,164 637 4,500 4,035 4,500 85305 Utility Services 1,178 805 1,275 1,900 1,812 1,900 85325 Repairs & Maint.- - 2,836 - 5,206 - 85413 Postage 1,060 1,272 625 1,400 530 1,400 85416 Advertising 13,455 8,753 3,822 16,000 9,757 16,000 85419 Legal Notices 1,028 1,587 1,953 2,000 694 2,000 85422 Dues & Subscriptions 10 - 3,000 3,250 85428 Travel & Training 348 412 182 500 250 500 85490 Other Expenditures 219 5,074 2,122 32,724 300 32,724 85505 Office Supplies 219 106 300 600 284 600 85560 Trees & Shrubs - 11,023 - 1,000 1,727 1,000 85590 Other General Supplies 223 96 2,915 750 570 750 85608 Land Improvements - - - 25,000 10,000 25,000 TOTAL OPERATING EXPENSE 77,597 77,440 51,456 135,874 71,252 135,874 ANNUAL EXCESS/(LOSS)8,761 10,333 4,037 18,572 (45,874) Beginning Cash Balance 8,885 17,646 27,979 27,979 27,979 46,550 Revenues 86,358 87,773 90,049 139,911 89,824 90,000 Expenditures 77,597 77,440 51,456 135,874 71,252 135,874 Ending Cash Balance 17,646 27,979 66,571 32,016 46,550 676 Approved as to Form ¤ ___________ July 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-180 WHEREAS, the City Council has considered the proposed budget of the Business Improvement District No. 8 for the fiscal year 2011-2012; and WHEREAS, the City has received the assessed values of the individual properties within Business Improvement District No. 8 as shown in the office of the Hall County Assessor in effect on the first day of January, 2011; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for Business Improvement District No. 8 is hereby considered. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on September 13, 2011 at 7:00 p.m. in the City Council chambers of City Hall, 100 East First Street, Grand Island, Nebraska. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of Business Improvement District No. 8 by U.S. mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2011-181 - Approving Program Agreement with Nebraska Department of Roads for the Federal Funds Purchase Program Tuesday, July 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, Project Manager Meeting: July 26, 2011 Subject: Approving Program Agreement with Nebraska Department of Roads for the Federal Funds Purchase Program Item #’s: G-16 Presenter(s): John Collins, Public Works Director Background All agreements must be approved by the City Council. Each year the federal government makes certain federal-aid transportation funds available to Nebraska, including funds from the Surface Transportation Program (STP) and the Highway Bridge Program (HBP) for use on State and local federal-aid transportation projects. These funds have historically been made available to the Local Public Agency (LPA) by the State for its use in funding federal-aid projects on the public streets or roads and bridges within its jurisdiction. The State intends to replace that historical practice with a purchase-sale process. Discussion The State is willing to obligate and expend additional federal-aid project funds for State highway and bridge projects, and is willing to assume the risk of meeting all federal-aid requirements for use of any additional federal-aid funds it obtains. The State is interested in purchasing certain federal-aid funds currently allocated to the LPA at a discount, which would cover the costs and risks incurred by the State to meet federal-aid requirements. The cash payment made by the State to the LPA will be equal to eighty percent (80%) of the total dollar amount of federal-aid funds purchased by the State from the LPA beginning in Fiscal Year 2013, except for purchased STP funds for First Class Cities, which will begin in Fiscal Year 2015. The City of Grand Island’s current annual funding portion for HBP Funds is $7,054. The City will begin receiving its discounted cash payment of approximately $5,643, or a portion thereof, on or about March 1, 2014. The City of Grand Island’s current annual funding portion for STP Funds is $1,488,841. The City will begin receiving its discounted cash payment of approximately $1,191,073 on or about March 1, 2016. Federal Transportation Aid programs available through the Nebraska Department of Roads that are not part of the Purchase Sale Agreement include the Transportation Enhancement Program, the Highway Safety Improvement Program, Safe Routes to Schools, Rail Safety Program and Emergency Relief Program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-181 WHEREAS, each year federal government makes available to Nebraska certain federal- aid transportation funds, including funds from the Surface Transportation Program (STP) and the Highway Bridge Program (HBP) (formerly known as the Highway Bridge Replacement and Rehabilitation Program), for use on State and local federal-aid transportation projects; and WHEREAS, certain federal-aid STP and HBP funds have historically been made available to the LPA by the State for its use in funding federal-aid projects on the public streets or roads within its jurisdiction; and WHEREAS, LPA and the NDOR wish to enter into an agreement to provide for the purchase, at a discount, certain federal-aid dollars currently made available to the LPA, and WHEREAS, the LPA is interested in selling its available federal-aid funds to the State on the terms and conditions set out in this agreement, including certain limitation on the use of the cash received by the LPA; and WHEREAS, the Council has reviewed the agreement and has determined that it is in its best interest to enter into the agreement in the attached form. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to sign the attached Federal Funds Purchase Program Agreement between the City of Grand Island and the Nebraska Department of Roads. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2011-182 - Approving Interlocal Agreement with Central Platte Natural Resources District for an Update to the Groundwater Dewatering Plan Tuesday, July 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: July 26, 2011 Subject: Approving Interlocal Agreement with Central Platte Natural Resources District for an Update to the Groundwater Dewatering Plan Item #’s: G-17 Presenter(s): John Collins, Public Works Director Background On December 21, 1998 the City entered into an agreement with the Central Platte Natural Resources District (CPNRD), which provided for the installation of test and monitoring wells to study lowering groundwater levels. The study concluded September 2000 with a recommendation to implement a dewatering program. Discussion This agreement is to update to the September 2000 Groundwater Study. The cost of the study will be shared equally between the City and the CPNRD, with the City taking the lead on the Request for Qualifications and drafting of an agreement. The updated study will be shared with City Council and the CPNRD. 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 the Central Platte Natural Resources District and pass a Resolution authorizing the Mayor to sign the agreement for an update to the September 2000 groundwater Study. Sample Motion Move to approve the resolution. JOINT CITY-NRD GROUNDWATER DEWATERING PLAN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF GRAND ISLAND AND CENTRAL PLATTE NATURAL RESOURCES DISTRICT THIS AGREEMENT is made on __________________, 2011 by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation (City) and CENTRAL PLATTE NATURAL RESOURCES DISTRICT, a Political Subdivision (District). 1. STATEMENT OF PURPOSE. The purpose of this Interlocal Cooperation Agreement is to update the September 2000 Grand Island Dewatering System Study and to outline the respective responsibilities and duties of the City and District in connection with this project. There is no authority for any property to be obtained. 2. CITY’S RESPONSIBILITIES AND DUTIES. The City’s responsibilities and duties shall include: a. Planning, designing, administering, supervising and implementing the study update; b. Acting as the “contracting agency” for the study update; c. Informing the District on the study update; and d. Equally sharing in the cost of the study update with the District. 3. DISTRICT’S RESPONSIBILITIES AND DUTIES. The District’s responsibilities and duties shall include: a. Keeping the City informed concerning the District’s analysis and conclusions concerning the study update; and b. Equally sharing in the cost of the study update with the City. 4. DURATION. This Interlocal Cooperation Agreement shall remain in full force and effect during the term of the study update. The Interlocal Cooperation Agreement may be terminated earlier by either party notifying the other in writing of its intention to terminate participation in the project not less than thirty (30) days following mailing of said notification. 5. CHOICE OF LAWS. This Interlocal Agreement shall be construed in accordance with the laws of the State of Nebraska including, but not limited to, the Interlocal Cooperation Act, Neb. Rev. Stat. § 13-801 et seq., as amended. 6. ENTIRE AGREEMENT. This Interlocal Agreement shall constitute the entire agreement between the City and District relating to the proposed study update and may be amended only in writing duly approved and adopted by the respective parties. 7. EFFECTIVE DATE. This Interlocal Cooperation Agreement shall be effective upon approval by the Mayor and City Council of the City and the Board of Directors of the District and execution by the parties’ respective executive officers. CITY OF GRAND ISLAND, NEBRASKA BY_______________________________________ Date___________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk CENTRAL PLATTE NATURAL RESOURCES DISTRICT BY_______________________________________ Date___________________ Attest:____________________________________ The contract is in due from according to law and hereby approved. ________________________________________ Date___________________ Attorney for the City Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-182 WHEREAS, the City is proposing an update to the September 2000 Groundwater Study; and WHEREAS, the cost of the updated study will be shared equally between the City and the Central Platte Natural Resources District (CPNRD); and WHEREAS, it is recommended that an Interlocal Agreement be entered into with the Central Platte Natural Resources District (CPNRD), and WHEREAS, the Public Works Department has prepared an Interlocal Agreement, which has been reviewed by the Legal Department, with the Central Platte Natural Resources District (CPNRD) for such study to be completed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement by and between the City and Central Platte Natural Resources District (CPNRD) for the Groundwater Study update is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2011-183 - Approving Interlocal Agreement with Hall County for Improvements to Engleman Road between US Highway 30 and Airport Road Tuesday, July 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, Project Manager Meeting: July 26, 2011 Subject: Approving Interlocal Agreement with Hall County for Improvements to Engleman Road between US Highway 30 and Airport Road Item #’s: G-18 Presenter(s): John Collins, Public Works Director Background Council approval is required before entering into an agreement. Pursuing interlocal agreements between governmental entities is an efficient means of collaborating efforts to better our community. Discussion This agreement is for improvements on Engleman Road between US Highway 30 and Airport Road. This segment of Engleman Road has sections within the Grand Island city limits and sections in Hall County. Performing a joint project is beneficial for both entities. Through this agreement the City of Grand Island will pay Hall County for the asphalt overlay, testing and other expenses incurred with respect to that portion of Engleman Road located in the municipal city limits. 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 and pass a Resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve the resolution. INTERLOCAL COOPERATIVE AGREEMENT FOR IMPROVEMENTS TO ENGLEMAN ROAD BETWEEN US HIGHWAY 30 AND AIRPORT ROAD BY AND BETWEEN THE COUNTY OF HALL, NEBRASKA AND THE CITY OF GRAND ISLAND, NEBRASKA THIS AGREEMENT is made and entered into this 26th day of July 2011, by and between the County of Hall, Nebraska, a body politic and corporate and a political subdivision of the State of Nebraska, hereinafter referred to as the “County,” and the City of Grand Island, Nebraska, a municipal corporation within the State of Nebraska, hereinafter referred to as the “City.” WITNESSTH: WHEREAS, the County and City desire to enter into an agreement for the joint improvement of Engleman Road between US Highway 30 and Airport Road, under Hall County’s Annual Asphalt Maintenance Program. 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 agreement 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 County and the City desire to enter into this interlocal agreement for improvements to Engleman Road because of the efficiencies of joint pla nning, a single bidding process, anticipated cost savings, attainable through using a single bidding process and efficiencies of planning and construction. NOW, THEREFORE, the County and the City mutually covenant and agree as follows: 1) Scope of Project. This agreement is for asphalt maintenance resurfacing on Engleman Road from US Highway 30 to Airport Road. The roadway will be milled to a uniform cross slope to remove ruts prior to the asphalt overlay. The improvement will consist of an asphalt overlay approximately 2 inches thick by 24 feet wide. If one of the intersecting approach roads needs resurfaced as part of this project, and there is adequate budget to allow for the work, up to ¼ mile of intersecting road may be included with the work. Inter-Local Agreement Hall County – Grand Island Engleman Road Asphalt Resurfacing - 2 - 2) City’s Obligations. The City shall be responsible for the following with respect to the portions of Engleman Road and intersecting approach road(s) located within the municipal boundaries of the City. a) Make progress payments after award of the contract and final payment upon completion and acceptance of the project. b) The City’s cost will include the cost of the asphalt overlay paving plus engineering costs, testing and other expenses and labor incurred with respect to that portion of Engleman Road located within the City’s municipal responsibilities. The estimated cost for the City’s portion of the project is $245,000. 3) County Obligations. The County shall be responsible for the following with respect to the project. a) Prepare bid specifications for the project and contract for the same following the required bidding practices and requirements of law. b) Perform construction observation services for the project that include, but are not limited to the following: asphalt lay-down inspection, collecting delivery tickets, obtaining & testing required asphalt samples, and reviewing the contractor’s temporary work zone traffic control to ensure compliance with the Manual of Uniform Traffic Control Devices. c) Approving and final accepting the work of the asphalt paving contractor, including the final pay estimate. d) Placing earth shoulders on the roadway following the resurfacing work. e) Tracking costs of the project attributed to the City for submittal for reimbursement to the County. 4) Further Agreements. Each Party hereto shall be responsible for the maintenance of its portion of the roadway following completion of the resurfacing. 5) Governance. This agreement shall be co-governed by the Hall County Engineer and the City of Grand Island’s Manager of Engineering Services. 6) Modification. This agreement may be modified by written agreement of the Parties. 7) No Separate Entity. There shall be no separate legal entity created through this interlocal cooperative agreement. 8) Finances. This agreement shall be financed by the funds available to the parties hereto. Inter-Local Agreement Hall County – Grand Island Engleman Road Asphalt Resurfacing - 3 - 9) Provision of Assistance. Pursuant to the Interlocal Cooperation Act, any party to this agreement, in the party’s sole discretion, may appropriate funds and may sell, lease, give, or otherwise provide assistance, including personnel and services, as may be within the party’s legal power to furnish. Inter-Local Agreement Hall County – Grand Island Engleman Road Asphalt Resurfacing - 4 - CITY OF GRAND ISLAND Executed this 26th day of July, 2011. By: ________________________________ Jay Vavricek Grand Island Mayor Attest: _____________________________ RaNae Edwards Grand Island City Clerk Approved to Form: ________________________ Jason Eley Grand Island Assistant City Attorney COUNTY OF HALL Executed this 2nd day of August, 2011. By: ________________________________ Pamela E. Lancaster, Vice-Chair Hall County Board of Supervisors Attest: _____________________________ Marla Conley Hall County Clerk Approved to Form: ________________________ Jack Zitterkopf Hall County Assistant County Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-183 WHEREAS, Hall County is proposing an asphalt overlay project for Engleman Road; and WHEREAS, a portion of such asphalt work will be within the municipal city limits, from US Highway 30 to Airport Road; and WHEREAS, it is recommended that an Interlocal Agreement be entered into with Hall County for sharing in the cost of such work, and WHEREAS, the Hall County Public Works Department has prepared an Interlocal Agreement, which has been reviewed by the City’s Legal Department, for such work to be completed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement by and between the City and Hall County, Nebraska for the asphalt overlay work to be performed on Engleman Road from US Highway 30 to Airport Road is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2011-184 - Approving Revised Uranium Removal System Equipment Bid - Per HDR Engineering Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Tim Luchsinger, Utilities Director Jason Eley, Asst. City Attorney/Purchasing Meeting: July 26, 2011 Subject: Uranium Removal System Equipment Item #’s: G-19 Presenter(s): Tim Luchsinger, Utilities Director Background The Utilities Department was authorized by Council on February 22, 2011 to proceed with the procurement and installation of the large-scale pilot uranium removal system at the City’s Platte River Well Field. Specifications for the Uranium Removal System - Equipment Procurement were advertised and issued for bid in accordance with the City Purchasing Code. The specifications included two pricing elements. Schedule A is the price for furnishing the uranium removal system equipment in accordance with the specifications. Schedule B is the present value cost of providing ten years of maintenance and support for operation of the system, subject to adjustment annually based on the Consumer Price Index. This includes monitoring operation of the system, furnishing replacement treatment media, disposal of spent media at licensed facilities, maintaining compliance with a radioactive materials license, and decommissioning of the system. The price is based on a specified annual quantity of water to be treated, with a unit price for adjustment of water quantities above the specified amount. Two bidders responded as listed below. The engineer’s estimate for this project was $2,500,000 for Schedule A and $7,722,000 for Schedule B. Bidder Bid Price Water Remediation Technology Schedule A: $2,049,050.00 Of Wheat Ridge, Colorado Schedule B: $6,072,966.90 Total A & B: $8,122,016.90 Environgen Technologies Schedule A: $1,852,000.00 Of Kingwood, TX Schedule B: ------- Total A & B: $1,852,000.00 Environgen took exception to providing Schedule B pricing and their bid was not further evaluated as being non-compliant. Utilities staff and HDR reviewed the Water Remediation Technology (WRT) for compliance. WRT included additional bonding not required by the specifications. City legal and utilities staff did not consider the additional bonding to benefit the City and adjusted the bid price using the bond pricing included in the bid. WRT also proposed an alternative payment schedule, but otherwise had no exceptions. At the June 28, 2011 Council meeting, the Utilities Department recommended that WRT be awarded the contract for the Uranium Removal System – Equipment Procurement specifications for the Schedule A adjusted bid price of $1,958,100 and the Schedule B bid price of $6,072,966.90, for a total bid price of $8,031,066.90, and Council approved this award. Discussion Present value cost evaluation is a method to evaluate different long term options on a level playing field. By taking all costs, immediate and future, and applying a cost of money associated with future costs, one can evaluate options based on the amount of money needed in hand at the time of the decision. Subsequent to preparing the contract for the Uranium Removal System - Equipment Procurement, it was realized that the price for this contract is actually the price of the equipment in Schedule A, and the annual cost in Schedule B which was used as a basis for the present value cost evaluation. This is the price that will be paid to WRT, not the evaluated cost, and it is the contract price that should have been recommended to Council for consideration in approving the bid award. Therefore, to correct the previous resolution of June 28, 2011, the Utilities Department recommends that Water Remediation Technologies of Wheat Ridge, Colorado be awarded the contract for the Uranium Removal System – Equipment Procurement specifications in the amount of $1,958,100.00, with an annual payment of $786,450.00 for ten years (subject to adjustment as provided in the contract). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid of Water Remediation Technologies of Wheat Ridge, Colorado and award the contract for the Uranium Removal System – Equipment Procurement specifications in the amount of $1,958,100.00, with an annual payment of $786,450.00 for ten years (subject to adjustment as provided in the contract). Sample Motion Move to approve the bid of Water Remediation Technologies of Wheat Ridge, Colorado and award the contract for the Uranium Removal System – Equipment Procurement specifications in the amount of $1,958,100.00, with an annual payment of $786,450.00 for ten years (subject to adjustment as provided in the contract). Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 5, 2011 at 2:00 p.m. FOR: Uranium Removal System – Equipment Procurement DEPARTMENT: Utilities ESTIMATE: $2,500,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: March 31, 2011 NO. POTENTIAL BIDDERS: SUMMARY Bidder: Water Remediation Technology Envirogen Technologies Wheat Ridge, CO Kingwood, TX Bid Security: $102,452.50 Argnaut Insurance Co. Exceptions: None Noted Bid Price: Schedule A: $2,049,050.00 $1,852,000.00 Schedule B: $6,072,966.90 ---- , Total A & B: $8,122,016.90 $1,852,000.00 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Lynn Mayhew, Plant Supt. Karen Nagel, Utilities Secretary P1473 Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-184 WHEREAS, the City of Grand Island invited sealed bids for Uranium Removal System Equipment Procurement, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 5, 2011, bids were received, opened and reviewed; and WHEREAS, Water Remediation Technologies of Wheat Ridge, CO, 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 $1,958,100.00 with an annual payment of $786,450.00 for ten years (subject to adjustment as provided in the contract); and WHEREAS, the bid of Water Remediation Technologies is less than the estimate for the Uranium Removal System Equipment Procurement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Water Remediation Technologies in the amount of $1,958,100.00 with an annual payment of $786,450.00 for ten years (subject to adjustment as provided in the contract) for Uranium Removal System Equipment Procurement, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2011-185 - Approving Renewal of Life Insurance Contract with Aetna Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: July 26, 2011 Subject: Life Insurance Renewal Item #’s: G-20 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island provides a life insurance benefit for its employees and their dependents. Employees are provided with $50,000 of coverage and their spouse has $10,000 and their dependent children have $5,000 of life insurance coverage. Employees also have the option of purchasing supplemental coverage at their own expense. The City’s current provider is Aetna. Discussion The Human Resources Department recently advertised a Request for Proposals (RFP) for its life insurance benefit. Attached is the list of vendors who submitted proposals. Aetna’s proposal was the most competitive and therefore a recommendation is being made to continue with Aetna to provide this benefit. The cost for coverage will remain at the same rate it is today at a cost of .13 cents per thousand for basic coverage for city employees. The cost to provide the family coverage has been reduced by 2.63% and will be .74 cents per family unit for dependent coverage. Employees will still have the option to purchase supplemental coverage at their own expense. Aetna has agreed to an open enrollment period where supplemental coverage for employees or their dependents can be purchased with a guaranteed issue. This means there will be no medical underwriting for coverage up to a certain level. This is a wonderful benefit for people who may be uninsurable and unable to purchase life insurance on their own. Through the budget preparation process, we have talked about escalators that the City sees with various contracts that it has in place. That will not be the case with this renewal contract as Aetna has guaranteed its rates for three years. The renewal period will run from August 1, 2011 through July 31, 2014 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 renewal with Aetna to provide the City’s life insurance benefit. Sample Motion Move to approve the renewal with Aetna to provide the City’s life insurance benefit. Approved as to Form ¤ ___________ July 22, 2011 ¤ City Attorney RESOLUTION 2011-185 Whereas, the City provides life insurance to employees and their dependents as prescribed in labor agreements and as authorized by the City of Grand Island Personnel Rules; and WHEREAS, the City of Grand Island advertised a request for proposal for its Life Insurance benefit; and WHEREAS, the Human Resources Department reviewed proposals for vendor selection; and WHEREAS, Strong Financial Resources, Inc. of Aurora brought in the proposal by Aetna Insurance that best met the criteria used to evaluate the companies as well as the most competitive pricing; and WHEREAS, The cost for Life Insurance benefit will be .13 cents per thousand for employee coverage and .74 cents per family unit for family coverage; and WHEREAS, the contract will commence on August 1, 2011 and will renew annually through July 31, 2014 and the proposed rate is guaranteed for a three year contract period; and WHEREAS, employees may have the ability to purchase supplemental coverage at their own expense; NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Life Insurance contract with Aetna is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G21 #2011-186 - Approving Award of Proposal for Construction of POW Memorial Marker Project in the Dodge Parking Lot (Northwest Corner of 1st Street & Walnut Street) Tuesday, July 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 Collins, Public Works Director Meeting: July 26, 2011 Subject: Approving Award of Proposal for Construction of POW Memorial Marker Project in the Dodge Parking Lot (Northwest Corner of 1st Street & Walnut Street) Item #’s: G-21 Presenter(s): John Collins, Public Works Director Background The Downtown Business Improvement District (BID) has solicited proposals for the construction of a Prisoner of War (POW) Memorial Marker Project in the northwest corner of the parking lot at 1st Street and Walnut Street (Dodge Parking Lot). This project will develop a mini park at the northwest corner of the Dodge Parking Lot that will include a State Historical Marker, park bench, landscaping, and old Grand Island street pavers. A sketch of the completed project is attached for reference. The goal is to have this project completed prior to the 2011 Nebraska State Fair. The Request for Proposals was advertised in the Grand Island Daily Independent on July 3, 2011 by the Downtown BID. Discussion Two (2) proposals were opened on July 18, 2011 and reviewed by then Downtown BID Board. Chief Construction Company of Grand Island, Nebraska submitted the proposal that was chosen using evaluation criteria listed in the RFP. The work is to be performed at actual costs with a maximum of $17,600.00. · Firm experience on similar work (25%) · Team experience (25%) · Approach (25%) · Proposed schedule and fees (25%) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the award of proposal to Chief Construction Company of Grand Island, Nebraska. Sample Motion Move to approve the resolution. 1 AGREEMENT THIS AGREEMENT made and entered into this 26th day of July, 2011, by and between Chief Construction Company, hereinafter called the Consultant, and the Downtown BID. WITNESSETH: THAT, WHEREAS, in accordance with law, the Downtown BID has caused agreement documents to be prepared and an advertisement of a POW Memorial Marker Project in the Dodge Parking Lot, and WHEREAS, the Downtown BID, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined that the aforesaid Consultant submitted the best proposal based on the evaluation criteria listed in the Request For Proposals, a copy thereof being attached to and made a part of this agreement, and has duly awarded to the said Consultant an agreement therefore, for the sum or sums named in the POW Memorial Maker Project Form with terms & conditions submitted by the Consultant, a copy thereof being attached to and made a part of this agreement; NOW, THEREFORE, in consideration of the compensation to be paid to the Consultant and of the mutual agreements herein contained, the parties have agreed and hereby agree, the Downtown BID for itself and its successors, and the Consultant for itself, himself, or themselves, and its, his (hers), or their successors, as follows: ARTICLE I. That the Consultant shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the Downtown BID, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the agreement documents as listed in the attached POW Memorial Marker Project in the Dodge Parking Lot and in the attached POW Memorial Marker Project Form as Submitted by the Consultant; said documents forming the agreement and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the Downtown BID's official award of this agreement to the said Consultant, such award being based on the acceptance by the Downtown BID of the Consultant's proposal; ARTICLE II. That the Downtown BID shall pay to the Consultant for the performance of the work embraced in this agreement and the Consultant will accept as full compensation therefore the sum (subject to adjustment as provided by the agreement) of Seventeen Thousand Six Hundred and 00/100 Dollars ($17,600.00) for all services, materials, and work covered by and included in the agreement award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the agreement. ARTICLE III. The Consultant hereby agrees to act as agent for the Downtown BID in purchasing materials and supplies for the Downtown BID for this project. The Downtown BID shall be obligated to the vendor of the materials and supplies for the purchase price, but the consultant shall handle all payments hereunder on behalf of the Downtown BID. The vendor shall make demand or claim for payment of the purchase price from the Downtown BID by submitting an invoice to the Consultant. Title to all materials and supplies purchased hereunder shall vest in the Downtown BID directly from the vendor. Regardless of the method of payment, title shall vest immediately in the Downtown BID. The Consultant shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the consultant's name as agent for the Downtown BID. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of attached POW Memorial Marker Project in the Dodge Parking Lot. 2 POW Memorial Marker Project in the Dodge Parking Lot AGREEMENT (Continued) ARTICLE IV. That the Consultant shall start work as soon as possible after the agreement is signed. ARTICLE V. The Consultant agrees to comply with all applicable State fair labor standards in the execution of this agreement as required by Section 73-102, R.R.S. 1943. The Consultant further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this agreement, the Consultant and all Sub Consultants agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, gender, national origin, age or disability. The Consultant agrees to comply with all applicable Local, State and Federal rules and regulations. ARTICLE VIII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE IX. LB 403: Every public consultant and his, her or its subconsultants who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CHIEF CONSTRUCTION COMPANY By Title DOWNTOWN BUSINESS IMPROVEMENT DISTRICT By Melissa Timmons, Director The agreement is in due form according to law and is hereby approved. 3 APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this agreement, the consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "consultant") agrees as follows: (1) Compliance with Regulations: The consultant shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subconsultants, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the consultant for work to be performed under a subagreement, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the consultant of the consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the consultant under the agreement until the consultant complies, and/or (b.) cancellation, termination or suspension of the agreement, in whole or in part. (6) Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The consultant shall take such action with respect to any subagreement or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the consultant may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the consultant may request the United States to enter into such litigation to protect the interests of the United States. Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-186 WHEREAS, the Downtown Business Improvement District (BID) invited proposals for construction of a Prisoner of War (POW) Memorial Marker Project in the northwest corner of the parking lot at 1st Street and Walnut Street (Dodge Parking Lot), according to Request for Proposals on file with the Engineering Division of the Public Works Department; and WHEREAS, on July 18, 2011 proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Chief Construction Company of Grand Island, Nebraska submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code with the work performed at actual costs with a maximum of $17,600.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Chief Construction Company of Grand Island for the construction of a Prisoner of War (POW) Memorial Marker Project in the northwest corner of the parking lot at 1st Street and Walnut Street (Dodge Parking Lot) is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Charles & Lana Staab for a Conditional Use Permit for a Commercial R-V Storage Located at 3086 Wildwood Drive This item relates to the aforementioned Public Hearing item E-2. Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item H2 Consideration of Accepting Petitions for Creation of Water Main Districts - Parkview Area Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: July 26, 2011 Subject: Receipt of Petitions for Water Main Extension in the Parkview Area Item #’s: H-2 Presenter(s): Timothy Luchsinger, Utilities Director Background On June 27, 2011, a neighborhood meeting was held with residents in the area known generally as Parkview. In attendance were home owners along Pioneer Blvd., Park Drive, Riverview Drive, Grand Avenue, August Street, Hagge Avenue, Cochin Street, Brahma Street and Bantam Street. The discussion covered ground water polluted by industrial solvents which has extended eastward across the City. The leading edge is now west of August Street. The Nebraska Department of Environmental Quality (NDEQ) and the Environmental Protection Agency (EPA) has classified the area as a Superfund Site. Currently, the EPA is conducting cleanup operations of the contamination that is affecting private wells. City personnel provided information at the meeting on the procedure for extension of City water mains to areas not currently served. Subsequently, the City has received petitions with 24 signatures from area property owners requesting water service. A map of the area is attached for reference. Discussion The petitions are presented to City Council for consideration of creating Water Main Districts. It is proposed that the area be divided into six separate assessment districts. Assessment districts are the Utilities Department’s standard method for installing water mains to areas requesting City service. All owners of record title within the District’s boundary will be notified of this information and have 30 days to submit objection to the project. If the districts pass the protest period, one contract for construction would be issued. There should be a cost savings from the economy of scale for the joint contract. All eligible costs of construction will be charged to the property owners within the respective districts. These assessments would be collected over a five year period, at 7% simple interest on the unpaid balance. If directed by Council, the appropriate information will be submitted to the Legal Department for preparation of the appropriate Ordinance for defining and creating the six Water Main Districts. It is recommended the Ordinance be submitted to the City Council at the August 9, 2011 meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the Petitions for creation of Water Main Districts in the Parkview area, and that the Utilities Department proceed with the design of the six districts in the Parkview area. Sample Motion Move to accept the Petitions for creation of Water Main Districts in the Parkview area, proceed with the design of the six districts in the Parkview area. Item H3 Consideration of Accepting Petitions for Creation of Water Main Districts - Wildwood and Hiser Subdivisions Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Tim Luchsinger, Utilities Director Meeting: July 26, 2011 Subject: Petitions for Creation of Water Main Districts – Wildwood and Hiser Subdivisions Item #’s: H-3 Presenter(s): Tim Luchsinger, Utilities Director Background A petition has been received from property owners within the Wildwood Subdivision and Hiser Subdivision requesting City water service. The subdivisions are located at the southwest corner of Highway 281 and Wildwood Drive. The commercial/retail area was annexed into the City in 2002. Please refer to the attached drawing for reference. Discussion Petitions are brought forward to the City Council for consideration of creating two Water Main Districts which will cover all subdivided properties. Assessme nt districts are the Utility Department’s standard method for installing water mains to areas requesting City service. Property owners within the district’s boundary will be notified and have 30 days to submit objection to the project. All eligible cost of construction will be charged to the property owners within the respective districts. These assessments would be collected over a five year period, at 7% simple interest on the unpaid balance. If directed by the Council, the appropriate information will be submitted to the Legal Department for preparation of the appropriate ordinances for defining and creating the Water Main Districts. The ordinances will be submitted to the City Council at the August 9, 2011 meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the Petition for creation of Water Main Districts in Wildwood and Hiser Subdivisions, and that the Utilities Department proceed with the design of two districts in the area. Sample Motion Move to accept the Petitions for creation of two Water Main Districts in the Wildwood and Hiser Subdivisions, and proceed with the design of the two districts in the area. ~loM~CLJC-.e.wl- l~l.",II. (,..~ CITY OF !tW GRAND>..te ISLAND Petition for Water Service We, the below listed property owners in the City of Grand Island, Subdivision(s), petition the City to create a Water District for the extension of the City water distribution system to serve the properties located on Property Name (Printed) Signature Address Owner? fuc.-Å ~~~> - "'<.tJi .LL/.1 ;æ/ 9/.2 3 ~.}clopc. þr yes .<Ii /', I . ~.L(~~ IJ., &~er ßu..~ H"~r~ (' 3'334 tJ\ C _. VeS ~ ,. 0 / Date JU [7 I tJ ,;;?Ð/! , Forms/Petition for Water Service Item H4 Consideration of CRA Budget as Amended by City Council Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity , CRA Director Meeting: July 26, 2011 Subject: CRA Budget as Amended by City Council Item #’s: H-4 Presenter(s): Chad Nabity, AICP Background The CRA is requesting property tax revenues of $431,384, slightly more than the $425,000 requested for the 2010-11 and 2009-2010 budgets and down from $475,000 in 2008-2009 and down from $500,000 in 2007-2008. The CRA is requesting the same levy that was approved last year for normal CRA activities. In addition to the amount requested by the CRA, City Administration is suggesting that Council approve funding for Lincoln Park Pool as part of the CRA budget by increasing the levy to $0.026 per $100/valuation. Historically, the levies and tax asking have been: 2010- 2011 2009- 2010 2008- 2009 2007-2008 2006- 2007 2005- 2006 2004- 2005 0.017742 $0.018076 $0.020790 $0.0225655 $0.022824 $0.023625 $0.024287 $425,000 $425,000 $475,000 $500,000 $477,204 $456,540 $457,391 The requested CRA budget was presented to Council at the July 25th Study Session with the additional levy suggested by City Administration for Lincoln Park Pool. The incremental tax authority would provide approximately $200,000 per year for principle and interest payments associated with TIF bond financing for the pool’s rehabilitation. The maximum level of financing under this scenario would be in the range of $1.5 million. The exact level of debt will be determined by Council at the time estimates are prepared for various levels of rehabilitation. The bond terms (interest rate and time period) will be determined at a later date also. Discussion The CRA has not taken final action and approved a resolution requesting approval of the levy necessary for the proposed budget. If Council would like the CRA to move forward with a redevelopment plan and issuing bonds to replace Lincoln Park Pool, it would be appropriate for Council to refer the amended budget, including the increased levy and expenditure for funding the pool, back to CRA for their consideration. This item is on the CRA agenda for July 27th. The CRA has been sent two resolutions, one for a budget that includes Lincoln Park Pool and one that does not include Lincoln Park Pool. It is anticipated that the CRA will pass a budget resolution at the July 27th meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to refer the budget with Lincoln Pool back the CRA 2. Take no action on the issue Recommendation City Administration recommends that the Council refer the amended budget back to the CRA with the increased levy and funding dedicated to the replacement of the Lincoln Park Pool. Sample Motion Move to refer the CRA budget and Levy Request with an increase of the levy to $0.026 per $100 valuation including $0.017742 for typical CRA expenditures and $0.008258 for the replacement of Lincoln Park Pool. 2008 2009 2010 2011 2011 2012 Actual Actual Actual Budget Forecasted Budget CONSOLIDATED Beginning Cash 952,497 1,236,622 1,547,542 980,091 980,091 772,491 REVENUE: Property Taxes 750,800 755,133 648,172 667,783 667,783 935,687 Loan Proceeds - - 0 Interest Income 41,968 15,630 20,137 8,000 8,000 8,000 Loan Income (Poplar Street Water Line)1,000 Land Sales 15,152 47,335 - 50,000 30,000 70,000 Other Revenue - 24,473 24,516 - 10,000 10,000 TOTAL REVENUE 807,920 842,571 692,826 725,783 715,783 1,024,687 TOTAL RESOURCES 1,760,417 2,079,193 2,240,368 2,415,663 1,695,874 1,797,178 EXPENSES Auditing & Accounting 5,000 7,601 5,392 7,500 3,975 5,000 Legal Services 2,143 4,829 3,060 10,000 4,000 10,000 Consulting Services - - - 10,000 5,000 10,000 Contract Services 34,362 26,122 173,875 40,000 50,000 55,000 Printing & Binding 568 - - 1,000 - 1,000 Other Professional Services 4,112 - - 5,000 - 5,000 General Liability Insurance - - - 250 - 250 Postage 142 159 202 200 850 200 Legal Notices 828 750 613 800 - 800 Licenses & Fees - - - - - - Travel & Training - - - 1,000 - 1,000 Other Expenditures - - - 500 - 500 Office Supplies 105 38 328 500 810 500 Supplies - - 300 - 300 Land 33,090 129 448,720 100,000 2,002 100,000 Façade Improvement 207,871 241,793 354,015 150,000 150,000 150,000 South Locust - - - - - - Other Projects - 2,858 - 800,000 280,000 100,000 Property Taxes BID Fees - - - 11,000 2nd Street BID - - - - Outstanding Façade Improvement Grants - 132,250 132,250 500,000 Railroad Horns - 240,000 - 240,000 Other Committed Projects - 17,700 17,700 97,500 Debt Payments Interest Fees (Lincoln Pool)- - - 200,787 Bond Principal 142,543 161,927 199,617 161,611 215,415 252,659 Bond Interest 93,031 85,445 74,453 81,172 61,381 50,747 TOTAL EXPENSES 523,795 531,650 1,260,276 1,759,783 923,383 1,792,243 INCREASE(DECREASE) IN CASH 284,125 310,920 (567,451) (1,034,000) (207,600) (767,556) ENDING CASH 1,236,622 1,547,542 980,091 655,880 772,491 4,935 LESS COMMITMENTS - - - - - AVAILABLE CASH 1,236,622 1,547,542 980,091 655,880 772,491 4,935 CHECKING 786,622 637,868 514,467 355,880 420,420 (347,136) INVESTMENTS 450,000 909,674 465,625 300,000 352,071 352,071 Total Cash 1,236,622 1,547,542 980,091 655,880 772,491 4,935 COMMUNITY REDEVELOPMENT AUTHORITY FY 2011- 2012 BUDGET 2008 2009 2010 2011 2011 2012 Actual Actual Actual Budget Forecasted Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2011- 2012 BUDGET CRA GENERAL OPERATIONS: 01 Property Taxes 493,602 487,610 442,832 425,000 425,000 431,384 Property Taxes-Lincoln Pool Levy 200,787 Interest Income 41,561 14,889 19,804 8,000 8,000 8,000 Loan Income (Poplar Street Water Line)1,000 Land Sales - 47,335 - 50,000 30,000 70,000 Other Revenue & Motor Vehicle Tax 1,300 8,959 12,156 10,000 10,000 TOTAL 536,463 558,792 474,791 483,000 473,000 721,171 GILI TRUST 07 Property Taxes 66,410 65,817 65,694 65,780 65,780 33,000 Interest Income - - Other Revenue 1,108 277 8 TOTAL 67,518 66,094 65,702 65,780 65,780 33,000 CHERRY PARK LTD II Property Taxes 62,743 91,836 32,832 59,180 59,180 59,180 Interest Income 251 497 301 - Other Revenue - - TOTAL 62,994 92,334 33,133 59,180 59,180 59,180 GENTLE DENTAL Property Taxes 3,497 4,427 4,479 4,202 4,202 4,202 Interest Income 3 1 2 - Other Revenue 947 2,610 - TOTAL 4,447 7,037 4,481 4,202 4,202 4,202 PROCON TIF Property Taxes 18,138 17,925 17,972 19,162 19,162 19,162 Interest Income 53 36 5 Other Revenue 972 232 1,172 TOTAL 19,163 18,193 19,148 19,162 19,162 19,162 WALNUT HOUSING PROJECT Property Taxes 93,632 62,942 33,089 74,472 74,472 74,472 Interest Income 100 207 26 Other Revenue 10,825 12,395 11,180 TOTAL 104,557 75,544 44,296 74,472 74,472 74,472 2008 2009 2010 2011 2011 2012 Actual Actual Actual Budget Forecasted Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2011- 2012 BUDGET BRUNS PET GROOMING Property Taxes 9,536 9,575 10,502 4,986 11,000 11,000 Interest Income - TOTAL 9,536 9,575 10,502 4,986 11,000 11,000 GIRAD VET CLINIC Property Taxes 3,242 4,940 13,855 4,940 14,000 14,000 Interest Income - - - - - - TOTAL 3,242 4,940 13,855 4,940 14,000 14,000 GEDDES ST APTS - PROCON Property Taxes 1,195 14,809 1,195 15,000 15,000 Interest Income - - - - - - TOTAL - 1,195 14,809 1,195 15,000 15,000 SOUTHEAST CROSSINGS Property Taxes - 8,866 12,109 8,866 14,000 14,000 Interest Income - - - - - - TOTAL - 8,866 12,109 8,866 14,000 14,000 POPLAR STREET WATER Loan Proceeds (Property Taxes Collected)- - - - - 1,000 Interest Income - - - - - - TOTAL - - - - 1,000 TC ENCK Property Taxes - 5,500 Interest Income - - - - TOTAL TC ENCK - - - - 5,500 CASEY'S FIVE POINTS Property Taxes - 15,000 Interest Income - - - - TOTAL CASEY'S FIVE POINTS - - - - 15,000 SOUTHPOINTE HOTEL Property Taxes - 22,000 Interest Income - - - - TOTAL SOUTHPOINTE HOTEL - - - - 22,000 JOHN SCHULTE CONSTRUCTION Property Taxes - 3,000 Interest Income - - - - TOTAL JOHN SCHULTE CONSTRUCTION - - - - 3,000 PHARMACY PROPERTIES INC Property Taxes - 8,000 Interest Income - - - - TOTAL PHARMACY PROPERTIES INC - - - - 8,000 KEN-RAY LLC Property Taxes - 5,000 Interest Income - - - - TOTAL KEN-RAY LLC - - - - 5,000 TOTAL REVENUE 807,920 842,571 692,826 725,783 749,796 1,024,687 2008 2009 2010 2011 2011 2012 Actual Actual Actual Budget Forecasted Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2011- 2012 BUDGET EXPENSES CRA GENERAL OPERATIONS: Auditing & Accounting 5,000 7,601 4,392 7,500 3,975 5,000 Legal Services 2,143 4,829 3,060 10,000 4,000 10,000 Consulting Services - - - 10,000 5,000 14,000 Contract Services 34,362 26,122 84,977 40,000 50,000 55,000 Printing & Binding 568 - - 1,000 1,000 Other Professional Services 4,112 - - 5,000 5,000 General Liability Insurance - - - 250 250 Postsge 142 159 202 200 850 200 Legal Notices 828 750 613 800 800 Licenses & Fees - - - Travel & Training - - - 1,000 1,000 Other Expenditures - - - 500 500 Office Supplies 105 38 328 500 810 500 Supplies - - - 300 300 Land 33,090 129 448,720 100,000 2,002 100,000 DEBT Bond Payments/Fees (Lincoln Pool)200,787 PROJECTS Façade Improvement 207,871 241,793 354,015 150,000 150,000 150,000 South Locust - - - - 2nd Street BID - - - - Outstanding Façade Improvement Grants - - - 132,250 132,250 500,000 Railroad Horns - - - 240,000 240,000 Other Committed Projects - - - 17,700 17,700 97,500 Other Projects - 2,858 - 800,000 280,000 100,000 Property Taxes BID Fees - - - - 11,000 - - - - TOTAL CRA OPERATING EXPENSES 288,221 284,279 896,308 1,517,000 646,587 1,492,837 GILI TRUST Bond Principal 47,158 51,009 55,158 51,001 59,654 31,627 Bond Interest 18,622 14,779 10,622 14,779 6,126 1,263 Other Expenditures - - TOTAL GILI EXPENSES 65,780 65,788 65,780 65,780 65,780 32,890 CHERRY PARK LTD II Bond Principal 36,824 39,729 42,864 39,729 48,035 49,894 Bond Interest 22,356 19,451 16,316 19,451 11,145 9,286 TOTAL CHERRY PARK EXPENSES 59,180 59,180 59,180 59,180 59,180 59,180 GENTLE DENTAL Bond Principal 2,127 2,236 2,395 2,276 2,566 2,760 Bond Interest 2,075 1,966 1,807 1,926 1,636 1,442 TOTAL GENTLE DENTAL 4,202 4,202 4,202 4,202 4,202 4,202 PROCON TIF Bond Principal 10,601 9,064 10,183 9,467 10,829 11,782 Bond Interest 8,561 10,098 8,979 9,695 8,333 7,380 TOTAL PROCON TIF 19,162 19,162 19,162 19,162 19,162 19,162 2008 2009 2010 2011 2011 2012 Actual Actual Actual Budget Forecasted Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2011- 2012 BUDGET WALNUT HOUSING PROJECT Other Expenditures Bond Principal 33,055 35,321 37,743 39,151 40,331 43,096 Bond Interest 41,417 39,151 36,729 35,321 34,141 31,376 TOTAL WALNUT HOUSING PROJECT 74,472 74,472 74,472 74,472 74,472 74,472 BRUNS PET GROOMING Bond Principal 9,536 9,575 10,502 4,986 11,000 11,000 Bond Interest - - - - TOTAL BRUNS PET GROOMING 9,536 9,575 10,502 4,986 11,000 11,000 GIRARD VET CLINIC Bond Principal 6,242 4,940 13,855 4,940 14,000 14,000 Bond Interest - - - - TOTAL GIRARD VET CLINIC 6,242 4,940 13,855 4,940 14,000 14,000 GEDDES ST APTS - PROCON Bond Principal - 1,195 14,809 1,195 15,000 15,000 Bond Interest - - - - TOTAL GEDDES ST APTS - PROCON - 1,195 14,809 1,195 15,000 15,000 SOUTHEAST CROSSINGS Bond Principal - 8,866 12,109 8,866 14,000 14,000 Bond Interest - - - - TOTAL SOUTHEAST CROSSINGS - 8,866 12,109 8,866 14,000 14,000 POPLAR STREET WATER Auditing & Accounting - - 1,000 - Contract Services - - 89,899 38,129 Bond Principal - - - - 1,000 Bond Interest - - - - TOTAL POPLAR STREET WATER - - 90,899 - 38,129 1,000 TC ENCK Bond Principal - 1,000 5,500 Bond Interest - - - - TOTAL TC ENCK - - - 1,000 5,500 CASEY'S FIVE POINTS Bond Principal - 4,000 15,000 Bond Interest - - - - TOTAL CASEY'S FIVE POINTS - - - 4,000 15,000 SOUTHPOINTE HOTEL Bond Principal - 21,514 22,000 Bond Interest - - - - TOTAL SOUTHPOINTE HOTEL - - - 21,514 22,000 JOHN SCHULTE CONSTRUCTION Bond Principal - 3,000 Bond Interest - - - - TOTAL JOHN SCHULTE CONSTRUCTION - - - - 3,000 PHARMACY PROPERTIES INC Bond Principal - 8,000 Bond Interest - - - - TOTAL PHARMACY PROPERTIES INC - - - - 8,000 KEN-RAY LLC Bond Principal - 5,000 Bond Interest - - - - TOTAL KEN-RAY LLC - - - - 5,000 TOTAL EXPENSES 526,795 531,658 1,261,276 1,759,783 988,026 1,796,243 Item I1 #2011-187 - Consideration of Request from Aloha Investments, LLC dba Afternooners, 3773 Sky Park Road, Suite 5 for a Class “C” Liquor License and Liquor Manager Designation for Terry Brown, 4017 Anna Maria Street This item relates to the aforementioned Public Hearing item E-1. Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ July 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-187 WHEREAS, an application was filed by Aloha Investments, LLC doing business as Afternooners, 3773 Sky Park Road, Suite 5 for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on July 16, 2011; such publication cost being $15.18; and WHEREAS, a public hearing was held on July 26, 2011 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Terry Brown, 4017 Anna Maria Street as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 26, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of July 13, 2011 through July 26, 2011 The Claims for the period of July 13, 2011 through July 26, 2011 for a total amount of $3,178,237.60. A MOTION is in order. Tuesday, July 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, IBEW (Utilities) (Finance) (WWTP) and (Service/Clerical) Union Negotiations for the protection of the public interest. Tuesday, July 26, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council