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12-06-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, December 06, 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 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 -1 Election of City Council President The City Council is required to elect one Councilmember to the office of Council President. The term is for a one-year period. The Council President automatically assumes the duties of the Mayor in the event that the Mayor is absent or otherwise unable to fulfill his/her duties. Nebraska law allows the election of the Council President to be by secret ballot. The total number of votes for each candidate; however, must be stated and recorded in the Minutes. Past practice has included a run-off election between the top two nominees, if necessary. The City Clerk will prepare, distribute, and count ballots. Nominations to fill the vacancy are in order. A second is not required on nominations. Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Request from GIPH Restaurants, LLC dba Pizza Hut, 707 North Diers Avenue for a Class “A” Liquor License Tuesday, December 06, 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: December 6, 2011 Subject: Public Hearing on Request from GIPH Restaurants, LLC dba Pizza Hut, 707 North Diers Avenue for a Class “A” 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 GIPH Restaurants, LLC dba Pizza Hut, 707 North Diers Avenue ha s submitted an application for a Class “A” Liquor License. A Class “A” Liquor License allows for the sale of beer on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. (See attached Police Department Report.) Also submitted with the application was a request from Scott Kemery, 4156 Vermont Avenue for a Liquor Manager designation. Due to a conviction in 1995 for procuring/sale of alcohol to a minor, this automatically disqualifies Mr. Kemery from becoming the liquor manager. The Police Department report recommends denial of the Liquor Manager Designation for Mr. Kemery based on the Liquor Control Rules and Regulations Section 53-131.01 (d). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for GIPH Restaurants, LLC dba Pizza Hut, 707 North Diers Avenue for a Class “A” Liquor License contingent upon final inspections and deny the Liquor Manager designation for Scott Kemery, 4156 Vermont Avenue based on the Liquor Control Commission Rules and Regulations Section 53-131.01 as submitted by the Police Department report. 11/29/11 Grand Island Police Department 450 12:01 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 11:17:18 11/21/2011 Occurred before : 11:17:18 11/21/2011 When reported : 11:17:18 11/21/2011 Date disposition declared : 11/21/2011 Incident number : L11112579 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 707 Diers Ave N State abbreviation : NE ZIP Code : 68803 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 : 18777 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- LW L11112580 11/21/11 Liquor Lic Inv Related NM 170426 11/22/11 Kemery, Scott B Liquor Manager NM 171726 11/22/11 Staab, Susan K Michael's Wife NM 171727 11/22/11 Staab, Lisa D Curtis' Wife NM 171728 11/22/11 Kemery, Rhonda Scott's Wife NM 52824 11/21/11 Staab, Curtis W Part Owner NM 67301 11/21/11 Staab, David W Part Owner NM 121900 11/21/11 Staab, Jill K David's Wife NM 124499 11/21/11 Staab, Michael G Part Owner LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application from Pizza Hut and a Liquor Manager Application from Scott Kemery. 11/29/11 Grand Island Police Department 450 12:01 LAW INCIDENT TABLE Page: 2 LAW INCIDENT RESPONDERS DETAIL: See Responding office Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 14:53:29 11/21/2011 11/29/11 Grand Island Police Department 450 12:01 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Mon Nov 21 14:53:42 CST 2011 Reporting Officer: Vitera Unit- CID Kenneth and Rose Mary Staab gifted all of their shares of common stock in Staab PH Restaurant Operations, Inc. to David Staab, Michael Staab, Gary Staab, and Curtis Staab. Since the makeup of the corporation has changed, a new Class A (beer on sale only) LLC liquor license is being applied for at the South Locust and Diers location. A Temporary Operating Permit (TOP) was applied for and granted by the NLCC for each restaurant. A liquor manager application was also received from Scott Kemery. His wife, Rhonda, signed a Spousal Affidavit of Non Participation form. In reviewing the application, all of the owners have wives, and none of the wives filled out a Spousal Affidavit of Non Participation form. David's wife is Jill. Gary's wife is Lissi. Curtis' wife is Lisa, and Michael's wife is Susan. David and Jill have lived in Grand Island since 1991. Gary and Lissi have lived in Golden, Colorado and Kearney, Missouri since 2001. Curtis and Lisa have lived in Lincoln since at least 2001, and Michael and Susan have also lived in Lincoln since at least 2001. On the liquor license application and the liquor manager application, it clearly asks "Has anyone who is a party to this application, or their spouse, ever been convicted of or plead guilty to any charge. Charge means any charge alleging a felony, misdemeanor, violation of a federal or state law, a violation of a local law, ordinance or resolution." David Staab disclosed a DUI from 1986 or 1987. No other convictions were disclosed. I checked all of the applicants through Spillman and NCJIS. I located entries in Spillman for David, Curtis, Michael, and Jill. David and Curtis appear to have speeding convictions. No potential convictions were located in Spillman for Michael or Jill. When I checked NCJIS, I learned that David has eleven undisclosed speeding convictions and one reckless driving conviction from 1982. Jill has no convictions listed in NCJIS. Gary and Lissi have no entries in NCJIS. Curtis has eight undisclosed speeding convictions in NCJIS. Lisa has no convictions listed in NCJIS. Michael has one undisclosed speeding conviction, and Susan has no convictions listed in NCJIS. Since I can't run out of state criminal history checks on liquor license investigations, fingerprint submissions by Gary and Lissi will have to determine their eligibility. The failure of David, Curtis, and Michael to disclose their speeding convictions technically makes the application false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). The undisclosed convictions would fall under state law or local ordinance. Either way, the convictions are either infractions or misdemeanors that don't rise to the level of a Class I Misdemeanor in a specified crime under Nebraska State Statute Chapter 28 that would automatically nullify the liquor license. A speeding conviction here or there is an understandable omission. However, a dozen undisclosed convictions by David and seven by Curtis is a little hard to overlook. Marc Julian for Staab Management is listed on the application as a person who assisted with the application. On 11/22/11, I called Mr. Julian, left him a voicemail, and asked him to call me. In reviewing the liquor manager application, Scott and Rhonda Kemery moved to Grand Island this year. Before that, they lived in Omaha since at least 1998. Scott has an entry in Spillman for reporting a theft from Pizza Hut. Rhonda does not have a Spillman entry. I also checked them both through NCJIS. Rhonda has an undisclosed speeding conviction, and Scott has three undisclosed convictions. One is for speeding, one is for improper passing, and the other is for procure/sale of alcohol to a minor in 1995. The alcohol related conviction appears to automatically disqualify Scott from becoming the liquor manager. The applicable statute is 53-131.01 which reads in part... (1) The application for a new license shall be submitted upon such forms as the commission may prescribe. Such forms shall contain, (d) a statement that the applicant is a citizen of the United States, that the applicant and the spouse of the applicant are not less than twenty-one years of age, and that such applicant has never been convicted of or pleaded guilty to a felony or been adjudged guilty of violating the laws governing the sale of alcoholic liquor or the law for the prevention of gambling in the State of Nebraska, except that a manager for a corporation applying for a license shall qualify with all provisions of this subdivision as though the manager were the applicant, except that the provisions of this subdivision shall not apply to the spouse of a manager-applicant. On 11/22/11, I spoke with Scott Kemery over the phone. He advised that his sale to a minor occurred when he owned Max MaGruder's in Kearney at the Hilltop Mall. Scott said he had no excuses, but he got caught up in a "sting." Scott also pointed out that he has since been the liquor manager for Pizza Hut in Fremont and currently is the liquor manager for the Pizza Hut in McCook. Question number two on the manager application covers Scott's position in Fremont and McCook. Question number three asks if he qualifies under 53-131.01 as a manager. The yes box is checked, however, it doesn't appear that he technically qualifies. I informed Scott that the police department plans on recommending to the city council that they deny his application. I also asked him to have Marc Julian or one of the Staabs call me. Shortly after I got off the phone with Scott, I received a call from Marc Julian. I explained to him what I had told Scott about the manager application. I also told him that David and Curtis have multiple undisclosed traffic convictions. Marc said he would check with them and see if they agree and call me back with their disclosure. He assured me that he would have the information for me by 12/1/11. On 11/29/11, I received a call from Marc Julian who advised that he had been in contact with David and Curtis Staab. David and Curtis acknowledged to Marc that they each had several undisclosed speeding convictions. I told Marc that I would consider what they said as a full disclosure. In summary, the Grand Island Police Department (GIPD) recommends that the city council approve the liquor license applications from Staab Management for Pizza Hut on Diers and South Locust. However, the GIPD recommends that the city council deny the liquor manager application from Scott Kemery based on his sale to a minor conviction that excludes him from being a manager according to 53-131.01. Item E2 Public Hearing on Request from GIPH Restaurants, LLC dba Pizza Hut, 1608 South Locust Street for a Class “A” Liquor License Tuesday, December 06, 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: December 6, 2011 Subject: Public Hearing on Request from GIPH Restaurants, LLC dba Pizza Hut, 1608 South Locust Street for a Class “A” Liquor License Item #’s: E-2 & I-2 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 GIPH Restaurants, LLC dba Pizza Hut, 1608 South Locust Street has submitted an application for a Class “A” Liquor License. A Class “A” Liquor License allows for the sale of beer on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. (See Police Department Report under Public Hearing item E-1.) Also submitted with the application was a request from Scott Kemery, 4156 Vermont Avenue for a Liquor Manager designation. Due to a conviction in 1995 for procuring/sale of alcohol to a minor, this automatically disqualifies Mr. Kemery from becoming the liquor manager. The Police Department report recommends denial of the Liquor Manager Designation for Mr. Kemery based on the Liquor Control Rules and Regulations Section 53-131.01 (d). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for GIPH Restaurants, LLC dba Pizza Hut, 1608 South Locust Street for a Class “A” Liquor License contingent upon final inspections and deny the Liquor Manager designation for Scott Kemery, 4156 Vermont Avenue based on the Liquor Control Commission Rules and Regulations Section 53-131.01 as submitted by the Police Department report. Item E3 Public Hearing Concerning Acquisition of Utility Easement - 1010 & 1040 Allen Drive - Batis Development Company Tuesday, December 06, 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: December 6, 2011 Subject: Acquisition of Utility Easement – 1010 & 1040 Allen Drive – Batis Development Company Item #’s: E-3 & G-5 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 Batis Development Company located at 1010 Allen and 1040 Allen Drive, 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 This easement will be used to locate primary electrical conduits, cable, and two pad-mounted transformers. This will provide power to the new building housing two new businesses. The conduit and cable will run through the property creating a looped system. 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 #9346 - Consideration of Annexation of Property Located at 1120 and 1140 South Lincoln (former Aurora Coop Site) (Second Reading) Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, Regional Planning Director Meeting: December 6, 2011 Subject: Annexation of Property Located North of Fonner Park Road and West of Lincoln Avenue (Former Aurora Coop Site) Item #’s: F-1 Presenter(s): Chad Nabity, Regional Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that: County Industrial Tracts should periodically be reviewed as allowed by Revised Nebraska State Statutes for consideration of annexation and that all areas encompassed by the Corporate Limits of Grand Island should be considered for annexation. Chief Industries, Inc., a Delaware Corporation, has purchased the former Aurora Coop Site. Chief Industries owns additional property in the area including the Chief Fabrication Plant immediately to the west of this property. They have sent a request to the Hall County Board of Supervisors requesting that this property be removed from the County Industrial Tract per NRSS §13-1119. Chief made this same request for the Chief Fabrication Plant property when they purchased it more than 12 years ago. Hall County will hold a hearing on removing the property from the County Industrial Tract at their regular meeting on November 22, 2011. Chief Industries submitted a letter to the City Clerk dated October 20, 2011 requesting that the City consider annexation of this property per NRSS §16-117 (7). The City is able to annex this property once it has been removed from the County Industrial Tract. Based on the requests from Chief Industries to remove the property from the County Industrial Tract and to annex the property into the City, staff has prepared an ordinance for annexation that would become effective 15 days after passage on third and final reading and after the property is removed from the County Industrial Tract by the Hall County Board of Supervisors. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117 (7). Annexation ordinances must be read on three separate occasions. This is the first reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of those properties. There is no impact to the extraterritorial zoning jurisdiction of the City as the County Industrial Tracts are entirely surrounded by the municipal limits of Grand Island. No existing residences would be added to the City as a result of this annexation. The buildings included with the Aurora Coop would be added with this annexation but it appears that Chief Industries intends to remove the existing structures to make the property available for redevelopment. City Council approved Ordinance No. 9346 on first reading at the November 22, 2011 City Council meeting. This would be the second of three readings. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on second reading. Approved as to Form ¤ ___________ December 2, 2011 ¤ City Attorney ORDINANCE NO. 9346 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised located north of Fonner Park Road and west of Lincoln Ave nue in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after the Chief Industries, Inc. A Delaware Corporation as owner of the property submitted a request that the City Annex this property into the City of Grand Island; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island encourages annexation of adjacent properties into the City; and WHEREAS, Chief Industries, Inc. A Delaware Corporation has requested that this property be removed from the Hall County Industrial Area; and WHEREAS, Hall County is in the process of removing the property from the Hall County Industrial Area, and * This Space Reserved For Register of Deeds * ORDINANCE NO. 9346 (Cont.) - 2 - WHEREAS, according to NRSS §16-117 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and WHEREAS, on November 22, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. ORDINANCE NO. 9346 (Cont.) - 3 - SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect 15 days after its passage, and when final action is taken by Hall County to remove the property from the Hall County Industrial Area, and upon publication, in pamphlet form, as provided by law. ORDINANCE NO. 9346 (Cont.) - 4 - Enacted: December 6, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9346 (Cont.) - 5 - ORDINANCE NO. 9346 (Cont.) - 6 - Exhibit A A tract of land comprising a part of the South Half of the Northeast Quarter (S1/2 NE1/4) a Section of Twenty-One (21), Township Eleven(11) North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska more particularly described as follows: Beginning at the intersection of the center line of Lincoln Avenue and the centerline of Fonner Park Road (also being the South line of said Northeast Quarter (NE1/4); thence Northwesterly along the centerline of said Lincoln Avenue, a distance of Nine Hundred Seventy Six and Twenty-five Hundredths (976.25) feet; thence deflecting Left 89 degrees 48’30” and running Southwesterly parallel to the centerline of Phoenix Avenue, a distance of Four Hundred Eighty Two and Two Tenths (482.2) Feet; to the centerline of Burlington Northern Track No. 33; thence deflecting Left 89 degrees 58’ and running Southeasterly along said centerline of Track No. 33, a distance of Three Hundred Thirty Five and Twelve Hundredths (335.12) Feet, to a point of curvature; thence running Southwesterly along said centerline of Track No. 33, and on the arc of a curve whose radius is 763.95’ (the long chord of which deflects 12 degrees 51’ right from the last described course), a long chord distance of Three Hundred Forty Two and Eighteen Hundredths (342.18) feet, to the South line of said Northeast Quarter (NE1/4); thence deflecting Left 74 degrees 10’ from said long chord, and running Easterly along the South line of said Northeast Quarter (NE1/4), also being the center line of said Fonner Park road, a distance of Six Hundred Forty and Five Tenths (640.5) feet to the Place of Beginning, excepting there from a tract of land more particularly describe in Corporation Warranty Deed recorded in the Register of Deeds Office as document #76-003924. Item F2 #9348 - Consideration of Creating Sanitary Sewer Tap District No. 530T; US Highway 281 Sanitary Sewer Extension to Interstate 80 Tuesday, December 06, 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: November 22, 2011 Subject: Consideration of Creating Sanitary Sewer Tap District No. 530T; US Highway 281 Sanitary Sewer Extension to Interstate 80 Item #’s: F-2 Presente r(s): John Collins, Public Works Director Background Council action is needed to create a sanitary sewer tap (connection) district. At the January 4, 2011 Study Session, the City Council was informed of an interest by businesses along US Highway 281 near the Interstate 80 interchange about extending City sanitary sewer to serve their property. On January 11, 2011 the City Council approved Mayor Vavricek signing a “Letter of Intent” to the Nebraska Department of Environmental Quality (NDEQ) declaring the City’s willingness to negotiate a public/private project with these businesses to extend City sanitary sewer south along US Highway 281. The May 17, 2011 Study Session provided an update to the City Council regarding several meetings that were conducted between the City and interested parties. The October 18, 2011 Study Session provided an in depth examination of the entire project. On October 25, 2011 the Council voted 9-0 to approve Resolution 2011-321 directing the Administration to move forward with the Highway 281 tap district extending south from the Wildwood Subdivision to the north channel of the Platte River. Presently, businesses along Highway 281 south of the City limits are utilizing private wastewater facilities and leach fields to handle waste. Several of these facilities are approaching the end of their useful life, inadequate for any desired expansion of the businesses they serve, or failing. This situation has resulted in enforcement actions by the NDEQ and in one instance, the shuttering of a business. Most importantly, these private facilities are in close proximity to the City’s well fields which without action puts the City’s drinking water supply at risk of future contamination. Discussion The Engineering Division of the Public Works Department is drafting plans to extend sanitary sewer to the Wildwood Subdivision; Sanitary Sewer District No. 528, which passed the 30-day protest period and was approved for continuation by City Council on September 27, 2011. This district will give support to the sanitary sewer extension south along US Highway 281 past Interstate 80. Sanitary Sewer Tap District No. 530T will allow properties not included in Sanitary Sewer District No. 528 access to City sewer with payment of a tap (connection) fee. Passage of this ordinance will result in the protection of public health by insuring the City’s drinking water supply is not polluted in the future. In addition, passage will result in future economic development along the Highway 281 corridor south of the City limits. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1. Approve the recommendation to create Sanitary Sewer District No. 530T. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the creation of Sanitary Sewer District No. 530T. Sample Motion Move to approve the creation of Sanitary Sewer District No. 530T. Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney ORDINANCE NO. 9348 An ordinance creating Sanitary Sewer District No. 530T of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for construction such sewer and collection thereof; and providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 530T is hereby created for the construction of an eighteen (18) inch sanitary sewer main and appurtenances thereto within the 2 mile jurisdiction of the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: BEGINNING AT A POINT WHERE THE WEST LINE OF WILDWOOD SUBDIVISION INTERSECTS THE NORTH LINE OF SECTION 12-10-10, THENCE WESTERLY ON THE NORTH LINE OF SECTION 12-10-10 TO THE NORTHWEST CORNER OF SECTION 12- 10-10, THENCE SOUTHERLY ON THE WEST LINE OF SECTION 12-10-10 TO THE SOUTHWEST CORNER OF SECTION 12-10-10, THENCE EASTERLY ON THE SOUTH LINE OF SECTION 12-10-10 TO THE SOUTHEAST CORNER OF SOUTHWEST QUARTER OF SECTION 12-10-10, SAID POINT ALSO BEING THE NORTHWEST CORNER OF NORTHEAST QUARTER OF SECTION 13-10-10, SAID POINT ALSO BEING THE NORTHWEST CORNER OF AMUNDSON SUBDIVISION, THENCE SOUTHERLY ON THE WEST LINE OF THE NORTHEAST QUARTER AND THE SOUTEAST QUARTER OF SECTION 13-10-10 TO THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13-10-10, THENCE WESTERLY ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13-10-10 TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13-10-10, THENCE SOUTHERLY ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 13-10-10 AND THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24-10-10 TO A POINT ON THE NORTH LINE OF THE PLATTE RIVER, THENCE NORTHEASTERLY ON THE NORTH LINE OF SAID PLATTE RIVER TO THE SOUTHWEST CORNER OF LOT 3, BLOCK 1, BOSSELVILLE SUBDIVISION, THENCE CONTINUNING NORTHEASTERLY OIN THE SOUTH LINE OF BOSSELVILLE SUBDIVSION AND BOSSELVILLE SECOND ORDINANCE NO. 9348 (Cont.) - 2 - SUBDIVISION TO THE WEST LINE OF US HIGHWAY NO. 281, THENCE CONTINUING NORTHEASTERLY TO THE SOUTHWEST CORNER OF PARCEL NO. 400209551, THENCE NORTHEASTERLY ON THE SOUTH LINE OF PARCEL NO’S. 400209551, 400209543, AND 400209535 TO THE SOUTHEAST CORNER OF PARCEL NO. 400209535 IN SECTION 17-10-9 SAID POINT BEING ON THE EAST LINE OF SOUTHWEST QUARTER OF SECTION 17-10-9, THENCE NORTHERLY ON THE EAST LINE OF THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF SECTION 17-10-9 TO THE NORTH LINE OF SECTION 17-10-9, THENCE CONTINUING NORTHERLY ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 8-10-9 TO THE NORTHEAST CORNER OF SOUTHWEST QUARTER OF SECTION 8-10-9, THENCE WESTERLY ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 8-10-9 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8-10-9, THENCE NORTHERLY ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8-10-9, THENCE WESTERLY ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8-10-9 AND AN EXTENSION THEREOF TO THE SOUTHEAST CORNER OF WILDWOOD SUBDIVISION, THENCE CONTINUING ON THE SOUTH LINE OF WILDWOOD SUBDIVISION TO THE SOUTHWEST CORNER OF WILDWOOD SUBDIVISION, THENCE NORTHERLY ON THE WEST LINE OF WILDWOOD SUBDIVISION, AND WILDWOOD SECOND SUBDIVISION TO THE POINT OF BEGINNING. THIS AREA CONTAINS ASSESSOR TRACT NO’S 400217201, 400217198, 400217244, 400217279, 4000217252, 400217228, 400217236, 400217260, 400217295, 400217341, 400217309, 400217287, 400217317, 400217325, 400217368, 400217449, 400217376, 400217392, 400389657, 400217503, 400217384, 400217465, 400218429, 400218410, 400218445, 400209551, 400209543, 400209535, 400460017, 400209322, 400460432, 400209330, 400209284. SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and thereafter, bids for the construction of such sanitary sewer will be taken and contracts entered into in the manner provided by law. SECTION 4. All improvements shall be made at public costs, but the costs thereof shall be assessed upon the lots and lands in the district specifically bene fited thereby as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plate, as provided by law. ORDINANCE NO. 9348 (Cont.) - 3 - SECTION 6. This ordinance, with the plat, is hereby directed to be filed with the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: December 6, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of November 22, 2011 City Council Regular Meeting Tuesday, December 06, 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 November 22, 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 November 22, 2011. Notice of the meeting was given in The Grand Island Independent on November 16, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, Public Works Director John Collins and Interim Finance Director Jaye Monter. INVOCATION was given by Pastor George Jones, Church of God of Prophecy, 1620 North Broadwell Avenue followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Kuulei Hose and McKenzie Reed. City Administrator Mary Lou Brown commented on the Wastewater Treatment Plant possible Study Session on the second week of December. PUBLIC HEARINGS: Public Hearing on Request from Texas Roadhouse Holdings, LLC dba Texas Roadhouse, 232 Wilmar Avenue for a Class “IK ” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “IK” Liquor License had been received from Texas Roadhouse Holdings, LLC dba Texas Roadhouse, 232 Wilmar Avenue. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on November 2, 2011; notice to the general public of date, time, and place of hearing published on November 12, 2011; notice to the applicant of date, time, and place of hearing mailed on November 2, 2011; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Jonus Orillo representing Texas Roadhouse and Doug Schliefert, 5805 Avenue O Place, Kearney, NE spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 3501 South Blaine Street (Andrew and Nicole Meier). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3501 South Blaine Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of placing primary conduit, cable and a pad-mounted transformer to provide electrical service to a new home to be constructed on this lot. Staff recommended approval. No public testimony was heard. Public Hearing to Consider Annexation for Property Located at 1120 and 1140 South Lincoln Avenue (former Aurora Coop Site). Regional Planning Director Chad Nabity reported that Chief Industries, Inc. had purchased the former Aurora Coop Site located north of Fonner Park Road Page 2, City Council Regular Meeting, November 22, 2011 and west of Lincoln Avenue which was in a county industrial park. A request was made to annex this property into the City of Grand Island. Staff recommended approval. No public testimony was heard. ORDINANCES: Regional Planning Director Chad Nabity gave an update on the annexation process and reported this was the final of three readings for the annexation of properties known as Area 3a, 6, 7, 12, and 13. #9339 – Consideration of Annexation for Property Located South of Airport Road/US Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks Including Eagle Scout Park and the Veterans Field (Annexation Area 3a) (Final Reading) Motion by Gilbert, second by Niemann to approve Ordinance #9339 on final reading. Upon roll call vote all voted aye. Motion adopted. #9340 – Consideration of Annexation of Property located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6) (Final Reading) Motion by Gard, second by Ramsey to approve Ordinance #9340 on final reading. Upon roll call vote all voted aye. Motion adopted. #9341 – Consideration of Annexation of Property Located North of US Highway 34 on the East Side of South Locust Street (Annexation Area 7) (Final Reading) Motion by Niemann, second by Carney to approve Ordinance #9341 on final reading. Upon roll call vote all voted aye. Motion adopted. #9342 – Consideration of Annexation of Property Located North of Husker Highway to the West Side of US Highway 281 and Prairieview Street (Annexation Area 12) (Final Reading) Motion by Gilbert, second by Niemann to approve Ordinance #9342 on final reading. Upon roll call vote Councilmember’s Haase, Carney, Niemann, Ramsey, Gilbert, Donaldson, Gard, and Gericke voted aye. Councilmember’s Nickerson and Dugan voted no. Motion adopted. #9343 – Consideration of Annexation of Property Located South of Old Potash Highway on the West Side of North Road (Annexation Area 13) (Final Reading) Motion by Gard, second by Gericke to approve Ordinance #9343 on final reading. Upon roll call vote Councilmember’s Haase, Carney, Niemann, Ramsey, Gilbert, Donaldson, Gard and Gericke voted aye. Councilmember’s Nickerson and Dugan voted no. Motion adopted. #9346 – Consideration of Annexation of Property Located at 1120 and 1140 South Lincoln Avenue (former Aurora Coop Site) (First Reading) Page 3, City Council Regular Meeting, November 22, 2011 Discussion was held concerning environmental risks to the City. Mr. Nabity stated there would be no risk to the City. Motion by Niemann, second by Dugan to approve Ordinance #9346 on first reading. Upon roll call vote all voted aye. Motion adopted. Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9347 – Consideration of Amending Chapter 2 and 37 of the Grand Island City Code Relative to Community Development Division be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, Councilmember’s Haase, Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gard voted aye. Councilmember Gericke voted no. Motion adopted. City Administrator Mary Lou Brown reported that the Community Development Division was currently under the Planning Department. Administration had examined this matter at length and concluded the best way to achieve improved internal controls was to amend the City Code and transfer the Community Development Division and its personnel to the Finance Department. Marlan Ferguson, 2808 Apache Road spoke in opposition. Discussion was held concerning the reasons for the change. Ms. Brown stated the auditors recommended a structural change. Ms. Brown answered questions concerning other Cities which had their Community Development Division under the Administration Department and some had it under the Finance Department. Location of the office was mentioned along with timing, mismatch of skills, and no Finance Director at this time. Several Councilmember’s commented on the importance of having the Community Development Division under the Finance Department for better internal controls. Motion by Gilbert, second by Niemann to approve Ordinance #9347. City Clerk: Ordinance #9347 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gard voted aye. Councilmember’s Haase, Carney, and Gericke voted no. Motion adopted. City Clerk: Ordinance #9347 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gard voted aye. Councilmember’s Haase, Carney, and Gericke voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9347 is declared to be lawfully adopted upon publication as required by law. Page 4, City Council Regular Meeting, November 22, 2011 CONSENT AGENDA: Motion by Ramsey, second by Gard to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of November 8, 2011 City Council Regular Meeting. Approving Minutes of November 15, 2011 City Council Study Session. #2011-344 – Approving Acquisition of Utility Easement located at 3501 South Blaine Street (Andrew and Nicole Meier). #2011-345 – Approving Amendment to Arch Coal Contract for 2012. #2011-346 – Approving Engineering Consulting Services for Water Main Project 2011-W-4 – UPRR Extension to Merrick County with Olsson Associates of Lincoln, Nebraska. #2011-347 – Approving Bid Awards for Tree Trimming Contract 2012-TT-1 with Leetch Tree Service of Grand Island, Nebraska in an Amount of $66,192.00 for Sections 1, 3, 4, 5, 7, 8, 9, 10, 11, and 12 and Sheffield Tree Service of Grand Island, Nebraska in an Amount of $13,400.00 for Sections 2 and 6. #2011-348 – Approving Community Development Block Grant 10-ED-016 Sub-Award Agreement. RESOLUTIONS: #2011-349 – Consideration of Request from Texas Roadhouse Holdings, LLC dba Texas Roadhouse, 232 Wilmar Avenue for a Class “IK” Liquo r License and Liquor Manager Designation for Douglas Schliefert, 5808 Avenue O Place, Kearney, Nebraska. This item related to the aforementioned Public Hearing. Motion by Haase, second by Niemann to approve Resolution #2011-349 contingent upon final inspections and Mr. Schliefert completing a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Councilmember Gard abstained. Motion adopted. #2011-342 – Consideration of Designating Loading Zone on 2nd Street, Between Walnut Street and Cedar Street. Public Works Director John Collins reported that a request from St. Steven’s Episcopal Church was received to remove parking between Walnut Street and Cedar Street, on the north side of 2nd Street. This item was referred to the November 22, 2011 meeting by City Council. After reviewing the request with St. Steven’s Episcopal Church it was decided to designate a Loading Zone that would meet their request. Motion by Carney, second by Niemann to approve Resolution #2011-342. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Ramsey to approve the Claims for the period of November 9, 2011 through November 22, 2011, for a total amount of $4,339,220.52. Unanimously approved. Page 5, City Council Regular Meeting, November 22, 2011 ADJOURNMENT: The meeting was adjourned at 7:45 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of November 29, 2011 City Council Study Session Tuesday, December 06, 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 November 29, 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 November 29, 2011. Notice of the meeting was given in the Grand Island Independent on November 23, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Randy Gard, and John Gericke. Councilmember Scott Dugan was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Bob Sivick, and Interim Finance Director Jaye Monter. INVOCATION was given by Community Youth Council member AnnaJean Scarborough followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members AnnaJean Scarborough and Danny Gamboa. OTHER ITEMS: Discussion Concerning Burlington Northern Railroad Double Track Project Contract. Utilities Director Tim Luchsinger reported that Burlington Northern Santa Fe Railway (BNSF) was in the process of widening the tracks to a double track through Grand Island. As a result, multiple electrical, water, and sewer utility crossings by the City across BNSF right-of-way would need to be modified to accommodate the track improvement project. This would include either relocating utilities or encasement of the utilities to current railroad crossing standards. Todd Kuhn, Manager of Engineering with BNSF gave a PowerPoint presentation explaining the overview of the project. Three projects were presented with Projects 1 and 2 construction started in October and substantial completion expected near the end of 2012. Project 3 would follow completion of Project 1 and 2. There were 57 City of Grand Island utilities that were impacted by this project (water, sanitary, storm & power/electrical) that needed to be either adjusted, encased, or relocated in order for the 2nd track to be constructed. Many of those utilities currently were on BNSF right-of-way, some had existing railroad permits and others did not. Due to the budgetary and resource constraints, the City would not be able to fund or perform the required utility relocations in a timeframe to support the 2nd main project. BNSF would fund 100% of all City utility relocations, including design, construction, and oversight. The savings to the City would be approximately $1.3 million. BNSF would like to acquire portions of Utilities Page 2, City Council Study Session, November 29, 2011 Department properties adjoining BNSF property south of the JBS facility and at the Burdick Station. BNSF had offered to undertake the design and relocation of all utility crossings at their expense, in exchange for transfer of the required Utilities Department property. BNSF would also construct new retaining walls along the west side of the right-of-way between the Union Pacific tracks and Capital Avenue. Aesthetic block treatment to the retaining wall to improve its appearance and reduce the impact of graffiti would be included. In summary, the Master Utility Relocation Agreement would benefit both the City of Grand Island and BNSF with the following: · The City will cooperate and refrain from causing any delays and will grant any required construction approvals. · The City will complete work, designated to be by the City, in accordance with the project schedule. · The City will resolve any construction issues within two business days. · The City will provide review of all utility design by the BNSF within one week. · The City will execute standard crossing agreements for all utilities in BNSF right-of-way within six months. · The City will provide all property rights and temporary construction easements within one month. · The BNSF will acquire all property rights for relocating utilities outside of BNSF right- of-way. A Master Utility Relocation Agreement with BNSF would need to be approved by Council to proceed with the project. The following benefits to the City and BNSF were: · City avoids significant costs (approximately $1.3 million) of utility relocations governed by the terms of existing Railroad permits · BNSF and City avoid significant utility relocation timelines so that the 2nd main project can be completed quickly · BNSF and City avoid costs and timelines associated with property condemnation Discussion was held concerning private utility relocations. Mr. Kuhn stated the majority of those had been taken care of. Permitting of the utility crossings was explained. Collins Stevens, Land Manager for BNSF answered questions concerning condemnation of land owners. Mr. Luchsinger and Public Works Director John Collins stated they were supportive of this project with little impact to City staff. Impact to Grand Island regarding construction would be minimal. Mr. Kuhn stated this project specifically would not increase the train traffic through Grand Island. Comments were made concerning school traffic to Knickrehm School. It was stated that both tunnels would not be closed at the same time. Assistant Utilities Director Bob Smith stated there were no public sidewalks to the tunnels. It was mentioned that the Master Agreement would end when the project was completed. Page 3, City Council Study Session, November 29, 2011 Mr. Collins stated he didn’t expect any problems with the Northeast interceptor with regards to this project. If problems came up they would address them at that time. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. RaNae Edwards City Clerk Item G3 Approving Appointment of Kris Jerke to the Business Improvement District #8 Board The Mayor has submitted the appointment of Kris Jerke to the Business Improvement District #8 Board to replace Bruce Eberle. This appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2013. Approval is recommended. Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Liquor Manager Designation for Robert Real, 609 East 9th Street, Wood River, Nebraska for United Veterans Club, 1914 West Capital Avenue Tuesday, December 06, 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: December 6, 2011 Subject: Request from Robert Real, 609 East 9th Street, Wood River, Nebraska for Liquor Manager Designation for United Veterans Club, 1914 Capital Avenue Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Robert Real, 609 East 9th Street, Wood River has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C- 08618” Liquor License for United Veterans Club, 1914 Capital Avenue. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Cont rol Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Robert Real, 609 East 9th Street, Wood River for Liquor Manager Designation in conjunction with the Class “C-08618” Liquor License for United Veterans Club, 1914 West Capital Avenue with the stipulation that Mr. Real complete a state approved alcohol server/seller training program. 11/29/11 Grand Island Police Department 450 14:55 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 12:07:07 11/29/2011 Occurred before : 12:07:07 11/29/2011 When reported : 12:07:07 11/29/2011 Date disposition declared : 11/29/2011 Incident number : L11113951 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1914 Capital Ave W State abbreviation : NE ZIP Code : 68803 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 : 3478 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 40430 11/29/11 Real, Robert D Manager NM 103032 11/29/11 United Veterans Club, Business LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor Manager Application from Robert Real for the United Veterans' Club. LAW INCIDENT RESPONDERS DETAIL: Se Responding offier Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 14:45:34 11/29/2011 11/29/11 Grand Island Police Department 450 14:55 LAW INCIDENT TABLE Page: 2 318 Grand Island Police Department Supplemental Report Date, Time: Tue Nov 29 14:45:46 CST 2011 Reporting Officer: Vitera Unit- CID From looking at the application, it appears that Robert has lived in Nebraska since 1968 where he worked at New Holland for 34 years. He currently resides in Wood River and has lived there since 1977. Robert is not married, and he did not disclose any convictions. I checked Robert through Spillman and NCJIS. Robert has a Spillman record but nothing that would indicate any potential convictions. Robert has no convictions listed in NCJIS. The Grand Island Police Department has no objection to Robert Real becoming the liquor manager at the United Veterans' Club. Item G5 #2011-350 - Approving Utility Easement - 1010 & 1040 Allen Drive - Batis Development Company This item relates to the aforementioned Public Hearing item E-3. Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-350 WHEREAS, a public utility easement is required by the City of Grand Island, from Batis Development Company, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on December 6, 2011, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the southwest corner of Lot Two (2), Meadowlark West Ninth Subdivision, in the City of Grand Island, Hall County, Nebraska; thence northerly along the westerly line of said Lot Two (2), on an assumed bearing of N1°30’45”W, a distance of nineteen and thirty nine hundredths (19.39) feet to the ACTUAL Point of Beginning; thence continuing N1°30’45”W, along the westerly line of said Lot Two (2), a distance of twenty (20.0) feet; thence N88°49’00”E, a distance of forty six and twenty two hundredths (46.22) feet; thence N58o 40’ 11” E, a distance of twenty and fifty two hundredths (20.52) feet; thence N38°46’00”E, a distance of one hundred ninety three and fifty nine hundredths (193.59) feet; thence N88°31’59”E, a distance of seventeen and four hundredths (17.04) feet; thence N1°30’56”W and parallel with the westerly right-of-way line of Allen Drive, a distance of one hundred eighty two and thirty eight hundredths (182.38) feet; thence N69°09’43”W, a distance of two hundred twenty three and fifteen hundredths (223.15) feet to a point on the westerly line of Lot One (1), Meadowlark West Ninth Subdivision; thence N1°30’45”W, along the westerly line of said Lot One (1), a distance of twenty one and sixty three hundredths (21.63) feet; thence S69°09’43”E, a distance of two hundred forty four and seventy nine hundredths (244.79) feet to a point on the westerly right-of-way line of said Allen Drive; thence S1°30’56”E, along the westerly line of said Allen Drive, a distance of two hundred fifteen and seventy nine hundredths (215.79) feet; thence S88°31’59”W, a distance of twenty seven and seventy six hundredths (27.76) feet; thence S38°46’00”W, a distance of one hundred eighty seven and eighty two hundredths (187.82) feet; thence S58°40’11”W, a distance of twenty nine and forty one hundredths (29.41) feet; thence S88°49’00”W, a distance of fifty one and forty nine hundredths (51.49) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.33 acres, more or less, as shown on the plat dated 11/16/2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF - 2 - THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Batis Development Company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2011-351 - Approving Bid Award - Water Main Construction in the Parkview Area - Water Main Districts #457, #459, #460, and #461 Tuesday, December 06, 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: December 6, 2011 Subject: Approving Bid Award – Water Main Construction in the Parkview Area – Water Main Districts 457, 459, 460 and 461 Item #’s: G-6 Presenter(s): Timothy Luchsinger, Utilities Director Background Residents living on Pioneer Blvd., Park Drive, Riverview Drive, Grand Avenue, August Street, and Hagge Avenue, currently utilize private wells for domestic water usage, however, some of the groundwater in this area has become contaminated by industrial volatile organic chemicals. The Nebraska Department of Environmental Quality (NDEQ) and the Environmental Protection Agency (EPA) have classified the area as a Superfund Site and are conducting cleanup operations. Due to these issues, petitions were submitted by area property owners requesting City water service. In response to the request, Council created Water Main Districts 457, 459, 460 and 461 for the installation of water mains and service extensions for the properties within those districts’ boundaries. These four districts passed the protest period, and specifications and plans for construction were developed and issued for bids. The costs associated with the construction will be assessed to the property owners over a five year period at 7% interest on the unpaid balance. Attached is a sketch of the areas to be served. Discussion The Utilities Department consolidated the plans and specifications for the four districts to be bid as one project. In accordance with City Procurement Codes, the contract documents were advertised and publicly opened at 2:00 p.m. on Tuesday, November 22, 2011. Four bids were received and have been checked and evaluated. All bids are complete and the tabulation is below. Bidder Bid Security Exceptions Bid Price Diamond Engineering Co. Universal Surety Co. None $ 902,439.05 Grand Island, NE General Excavating Universal Surety Co. None $1,268,443.39 Lincoln, NE Van Kirk Bros. Contracting Universal Surety Co. None $ 924,599.20 Sutton, NE K2 Construction Western Surety Co. None $ 897,249.13 Lincoln, NE 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 for the construction of Water Main Districts 457, 459, 460, and 461 to K2 Construction of Lincoln, Nebraska, in the amount of $897,249.13. Their bid is below the project estimate of $1,350,000.00, and meets all contract requirements. Sample Motion Move to approve the construction contract for Water Main Districts 457, 459, 460, and 461 to K2 Construction of Lincoln, Nebraska in the amount of $897,249.13. Water Main Districts 457, 459, 460, and 461Pioneer Blvd., Park Drive, Riverview Drive, Grand Avenue, August Street, and Hagge AvenueBIDS:11/22/2011TOTAL FOR ALL DISTRICTSK2 ConstructionDiamond Engineering CoVan Kirk BrosGeneral ExcavatingLincoln, NEGrand Island, NESutton, NELincoln, NEITEMDESCRIPTIONQUANTITY EST.UNIT $TOTAL $UNIT $TOTAL $UNIT $TOTAL $UNIT $TOTAL $1.018" d.i. pipe (r.j.) - trenchless installation10,652.7lf53.70572,049.9952.30557,136.2152.34557,562.3278.60837,302.221.028" d.i. pipe (s.j.) - trenched162.7lf53.358,680.0542.706,947.2939.506,426.6578.0012,690.601.038" nitrile Gaskets (R.J.)221.0ea25.895,721.6925.305,591.3017.003,757.0018.504,088.501.048" nitrile Gaskets (M.J.)38.0ea21.53818.1427.101,029.8016.00608.0014.50551.001.056" d.i. pipe (s.j.)9.0lf84.72762.4838.50346.5037.60338.4044.00396.001.066" nitrile Gaskets (M.J.)40.0ea16.28651.2017.40696.0011.00440.0010.50420.001.078"x8"x8"x8" m.j. cross1.0ea294.22294.22455.00455.00435.00435.00401.00401.001.088"x8"x8"x6" m.j. cross1.0ea296.00296.00460.00460.00420.00420.00402.00402.001.098"x8"x8" m.j. tapping sleeve2.0ea2,070.644,141.282,360.004,720.002,225.004,450.00780.001,560.001.108"x8"x8" m.j. tee3.0ea261.96785.88435.001,305.00370.001,110.00288.00864.001.118"x8"x6" m.j. tee21.0ea237.154,980.15405.008,505.00340.007,140.00263.005,523.001.128"x90° m.j. bend6.0ea198.751,192.50350.002,100.00275.001,650.00226.001,356.001.138"x45° m.j. bend8.0ea181.631,453.04330.002,640.00260.002,080.00209.001,672.001.148"x22.5° m.j. bend2.0ea179.86359.72330.00660.00255.00510.00208.00416.001.158"x6" m.j. reducer2.0ea158.60317.20280.00560.00210.00420.00187.00374.001.168" retainer gland4.0ea101.71406.8485.00340.0085.00340.0048.00192.001.178" sleeve coupling5.0ea211.511,057.55340.001,700.00325.001,625.00304.001,520.001.188" plug0.0ea95.000.00170.000.00125.000.000.000.001.198" r.s. tapping valve3.0ea1,637.924,913.761,520.004,560.001,525.004,575.001,244.003,732.001.208" r.s. gate valve12.0ea1,202.7414,432.881,370.0016,440.001,270.0015,240.00958.0011,496.001.216" sleeve coupling1.0ea378.44378.44260.00260.00280.00280.00262.00262.001.226" r.s. gate valve1.0ea898.19898.191,035.001,035.00845.00845.00651.00651.001.2312"x12"x8" m.j. tapping sleeve1.0ea2,253.712,253.712,430.002,430.002,240.002,240.00883.00883.001.2412" sleeve coupling0.0ea465.000.00650.000.00450.000.000.000.001.25valve box16.0ea353.835,661.28150.002,400.00200.003,200.00182.002,912.001.26fire hydrant assembly23.0ea1,687.7938,819.171,645.0037,835.001,800.0041,400.001,682.0038,686.001.27duc-lugs & redi-rod3.0ea28.4485.32115.00345.0025.0075.0093.00279.001.28thrust block43.0ea100.034,301.29170.007,310.00125.005,375.00200.008,600.001.29I-beam block0.0ea600.000.00600.000.00600.000.000.000.001.30linestopper installation0.0ea1,540.000.00600.000.00150.000.000.000.001.311" copper water service (complete)128.0ea1,026.96131,450.881,255.00160,640.001,450.00185,600.001,843.00235,904.001.328 mil polywrap10,831.3lf1.0211,047.930.899,639.860.758,123.480.505,415.651.33remove asph./conc. roadway778.3sy4.903,813.675.103,969.335.504,280.659.907,705.171.34replace asph./conc. roadway778.3sy52.8541,133.1638.5029,964.5540.0031,132.0061.5047,865.451.35remove asph./conc. driveway140.7sy35.004,924.505.40759.785.75809.039.901,392.931.36replace asph./conc. driveway140.7sy42.856,029.0034.004,783.8040.005,628.0057.008,019.901.37remove concrete sidewalk874.7sf1.401,224.580.70612.290.75656.031.00874.701.38replace concrete sidewalk874.7sf4.353,804.954.303,761.214.503,936.155.004,373.501.39remove & salvage existing 12"x12"x8" tee1.0ea140.00140.00200.00200.0085.0085.00591.00591.001.40remove & salvage existing 8" valve & box1.0ea105.00105.00235.00235.00120.00120.00690.00690.001.41remove & salvage existing 8"x6" reducer1.0ea105.00105.00225.00225.0060.0060.00296.00296.001.42remove & salvage existing 6"x90° Ell1.0ea105.00105.00225.00225.0050.0050.00296.00296.001.43remove & salvage existing fire hydrant2.0ea140.00280.00305.00610.00175.00350.00400.00800.001.44saw cut910.9lf4.904,463.413.303,005.973.252,960.434.504,099.051.45residential seeding21,824.0sf0.173,710.080.347,420.160.429,166.080.286,110.721.46traffic control4.0complete2,300.009,200.002,145.008,580.002,275.009,100.001,695.006,780.00$897,249.13$902,439.05$924,599.22$1,268,443.39 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: November 22, 2011 at 2:00 p.m. FOR: Water Main Districts 457, 459, 460 & 461 DEPARTMENT: Utilities ESTIMATE: $1,350,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: November 8, 2011 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Diamond Engineering Co. General Excavating Grand Island, NE Lincoln, NE Bid Security: Universal Surety Co. Universal Surety Co. Exceptions: None None Bid Price: $902,439.05 $1,268,443.39 Bidder: Van Kirk Bros. Contracting K2 Construction Sutton, NE Lincoln, NE Bid Security: Universal Surety Co. Western Surety Co. Exceptions: None None Bid Price: $924,599.20 $897,249.13 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. Mgr. P1523 Approved as to Form ¤ ___________ December 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-351 WHEREAS, the City of Grand Island invited sealed bids for Water Main Construction in the Parkview area of the City of Grand Island according to plans and specifications on file with the Utilities Department; and WHEREAS, on November 22, 2011, bids were received, opened and reviewed; and WHEREAS, K2 Construction of Lincoln, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $897,249.13; and WHEREAS, the bid of K2 Construction is less than the estimate for the Water Main Construction for Districts 457, 459, 460, and 461. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of K2 Construction of Lincoln, Nebraska, in the amount of $897,249.13 for Water Main Construction for Districts 457, 459, 460, and 461, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-352 - Approving Bid Award - Low NOx Conversion Burners - Platte Generating Station Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy G. Luchsinger, Utilities Director Jason Eley, Assistant City Attorney Meeting Date: December 6, 2011 Subject: Low NOx Conversion Burners Item #’s: G-7 Presenter(s): Timothy Luchsinger, Utilities Director Background The Environmental Protection Agency (EPA) published a new regulation for power plant air emissions on July 7, 2011, the Cross State Air Pollution Rule (CSAPR), which will replace the current Clean Air Interstate Rule on January 1, 2012. The CSAPR has lowered the annual amount of nitrous oxides (NOx) emissions that can be released as a result of the combustion process in the plant boiler, and this lower amount becomes the limiting constraint on the generating output of the Platte Generating Station, about 45% of its maximum capacity. This loss in generating capacity must be replaced by higher cost options of purchasing power from the regional market or using the gas-fueled facilities at Burdick Station. To meet the requirements of the new rule, the plant engineering staff researched methods to reduce the amount of NOx released from the boiler, including plant equipment modifications and chemical additions. Installing new low NOx burners with separate over-fire air ducts to lower the NOx emission rate from the unit was evaluated to be the long-term solution to allow full operating capacity for the plant. Specifications for the Low NOx Conversion Burners with separate over-fire air ducts were developed by plant staff and issued for bid in accordance with the City Purchasing Code. These specifications include furnishing and installing all of the combustion system components necessary to lower the NOx emissions from the Platte boiler to a rate of 14 #/mmBtu, or about one-fourth of its current permitted rate. These specifications also include computer modeling for design of the new burners and final compliance testing and tuning. The system is planned to be installed during a plant maintenance outage in the last quarter of 2012. Discussion Bids were publicly opened on November 17, 2011, at 2:00 p.m. Specifications were sent to four potential bidders and responses were received as listed below. The engineer’s estimate for this project was $4,000,000. Bidder Base Bid Price Babcock Power Services, Inc. $ 2,958,859.00 Lees Summit, MO Alstom Power, Inc. $ 4,083,555.00 Windsor, CT Fuel Tech $ 4,645,600.00 Warrenville, IL Clyde Bergemann Power Group $ 5,941,899.00 Hanover, MD The bids and exceptions were reviewed by plant engineering staff. Each bidder also supplied figures for recommended spare parts and an optional air flow and measurement system. Exceptions were noted for each bidder. In order to comply with specification requirements and ensure comparability with the other bidders, the Babcock Power Services bid was adjusted, using pricing included in the ir bid package, for the addition of a coal pipe analysis, coal mill classifier tuning, distributed control system integration, and spare parts, for an adjusted bid price of $3,251,444.00. The bid from Babcock Power Services was found to be otherwise compliant with the specifications, less than the engineer’s estimate, and exceptions regarding commercial conditions were reviewed by City legal staff and are acceptable. 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 Council award the Contract for Low NOx Conversion Burners to Babcock Power Services, Inc., of Lees Summit, Missouri, as the low responsive bidder, in the amount of $3,251,444.00. Sample Motion Move to approve the contract for Low NOx Conversion Burners to Babcock Power Service, Inc., of Lees Summit, Missouri in the amount of $3,251,444.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: November 17, 2011 at 2:00 p.m. FOR: Low NOx Conversion Burner DEPARTMENT: Utilities ESTIMATE: $4,000,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: November 1, 2011 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Babcock Power Services, Inc. Fuel Tech Lees Summit, MO Warrenville, IL Bid Security: Westchester Fire Ins. Co. $242,000.00 Exceptions: Noted Noted Bid Price: Material: $1,063,047.00 $1,583,400.00 Labor: $1,772,572.00 $2,951,400.00 Sales Tax: $ 123,000.00 $ 110,800.00 Total Base Bid: $2,958,859.00 $4,645,600.00 Option: $ 81,424.00 $ 596,200.00 Spare Parts: $ 58,369.00 $ 48,000.00 Bidder: Alstom Power, Inc. Clyde Bergemann Power Group Windsor, CT Hanover, MD Bid Security: The Insurance Co. of the State of PA $297,095.00 Exceptions: Noted Noted Bid Price: Material: $1,851,800.00 $2,557,575.00 Labor: $2,231,755.00 $3,151,141.00 Sales Tax: ____________ $ 233,183.00 Total Base Bid: $4,083,555.00 $5,941,899.00 Option: $772,120.00 $ 984,360.00 Spare Parts: TBD $ 75,076.00 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, Utility Engineer Karen Nagel, Utilities Secretary P1515 Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-352 WHEREAS, the City of Grand Island invited sealed bids for Low NOx Conversion Burners, according to plans and specifications on file with the Utilities Department; and WHEREAS, on November 17, 2011, bids were received, opened and reviewed; and WHEREAS, Babcock Power Services, Inc., of Lees Summit, Missouri, 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 $3,251,444.00, including the base bid of $2,958,859.00, Option #3 (Coal Pipe Analysis) for $18,069, Option #4 (Classifier Tuning) for $13,889, Option #6 (Integration into Customer DCS) for $202,248, and recommended spare parts for $58,369, including all applicable sales taxes; and WHEREAS, the bid of Babcock Power Services, Inc., is less than the estimate for the Low NOx Conversion Burners. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Babcock Power Services, Inc., in the amount of $3,251,444.00, for Low NOx Conversion Burners is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2011-353 - Approving Amended Subdivision Agreement for Fairway Crossings at Indianhead Golf Course First Subdivision Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: December 6, 2011 Subject: Amendment to the Subdivision Agreement for Fairway Crossings at Indianhead Golf Club Subdivision Item #’s: G-8 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background The subdivision agreement approved for Fairway Crossings at Indianhead Golf Club Subdivision required that the Developer install a gravity sewer main for future use and connection to a sanitary sewer interceptor to be located in Husker Highway. After approval of the subdivision agreement the decision was made by both the Grand Island Public Works Department and the subdivider, to hold off on building this main until such time as the Husker Highway interceptor is constructed so that the gravity main could be built to an appropriate depth to match the pipe to be placed in Husker Highway. The subdivision agreement also specified that the lots in this first phase of the Fairway Crossings Subdivision would be required to pay for their portion of the construction of the interceptor sewer main. This was to be accomplished with each property owner paying their share at the time when they connect to the sewer. Those costs are not known at this time and will not be known until after construction of the project. It is appropriate to amend the agreement to state that the assessments would be made and collected at a later date. Discussion The proposed changes to the language in the current subdivision agreement are as follows: 3. Sanitary Sewer. Public sanitary sewer is available to the subdivision and the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. The Subdivider shall install a sanitary sewer lift station in an easement to be located on property located at the southwest corner of the int ersection of Belfry Boulevard and Augusta Parkway. The Subdivider shall construct a sewage force main from said lift station to the existing public sanitary sewer main on Indianhead Road west of Schroeder Avenue. The Subdivider shall construct a gravity sanitary sewer main in public street right-of-way or in a public utility easement for future use from the lift station to the location where a future sanitary sewer main will be located along Husker Highway. The Subdivider shall dedicate an easement for cons truction of a gravity sanitary sewer main from the lift station to the sanitary sewer main planned in Husker Highway. Said gravity main will be constructed as a separate construction project concurrent with or prior to the construction of the Husker Highway interceptor. The property being developed is subject to a proportionate cost share for extending public interceptor sanitary sewer in the future along Husker Highway where it abuts the subdivision. The owner of each lot in the subdivision will be required to pay their proportionate share of the cost for the Husker Highway interceptor sanitary sewer main. Payment may be financed through the sewer assessment process as allowed by law. at the time of the application for a sanitary sewer service permit. The sanitary sewer lift station and sewage force main shall be built in accordance with plans and specifications approved by the Director of Public Works, and sub ject to the City’s inspection. The City shall assume ownership and operation and maintenance of said sewer lift station and force main upon acceptance by the Department of Public Works. Without these proposed changes the City will be unable to accept the sewer mains as they have been constructed, even though they were constructed according to plans and specifications approved by the City. Also there is one house that has been constructed that is ready to hook up to sanitary sewer but it cannot be hooked up until such time as the City accepts the sewer line and until either the assessment for the Husker Highway interceptor is paid or the language is changed to allow that payment to be made at some point in the future when the assessment is known. The attached resolution will authorize the Mayor to sign the amendment to the subdivision agreement and all necessary paperwork to accept the sewer system into the City wastewater system; as well as the insurance rider, which adds the City as an additional obligee for the Performance and Payment Bond issued to The Diamond Engineering Company. This insurance rider will extend the Performance and Payment Bond for a two year period, which will require The Diamond Engineering Company to maintain and remedy work, free from defects in materials and workmanship. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the amendment to the subdivision agreement as shown above and accept the insurance rider. Sample Motion Move to approve the amendment to the subdivision agreement and the insurance rider. Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-353 WHEREAS, on February 10, 2009, by Resolution 2009-26, the City Council of the City of Grand Island approved the final plat and Subdivision Agreement for Fairway Crossings at Indianhead Golf Club First Subdivision; and WHEREAS, the subdivision agreement required that a gravity main be constructed between the lift station and Husker Highway and that assessments for the Husker Highway Interceptor sewer main be paid prior to connecting any new structures to sewer; and WHEREAS, it has been determined that construction of the gravity main and collection of the assessments should be done concurrent with and following the construction of the Husker Highway Interceptor; and WHEREAS, an Amendment to the Springdale Subdivision Agreement has been prepared by the City Attorney's office. WHEREAS, The Diamond Engineering Company was hired by Indianhead Golf Club for development of the Fairway Crossings at Indianhead Golf Club First Subdivision; and WHEREAS, The Diamond Engineering Company was issued a Performance and Payment Bond for said work involved in development; and WHEREAS, the Performance and Payment Bond will be in place for a two year period following completion of said work. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute the amended subdivision agreement for Fairway Crossings at Indianhead Golf Club First Subdivision and the Dual Obligee Rider between the City, The Diamond Engineering Company and Indianhead Golf Club. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-354 - Approving Change Order No. 1 for Broadwell Avenue Shoulder Improvement - Capital Avenue to Veteran’s Athletic Fields Tuesday, December 06, 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, PW Project Manager Meeting: December 6, 2011 Subject: Approving Change Order No. 1 for Broadwell Avenue Shoulder Improvement - Capital Avenue to Veteran’s Athletic Fields Item #’s: G-9 Presenter(s): John Collins, Public Works Director Background J.I.L. Asphalt Paving Co., of Grand Island, Nebraska was awarded an $119,193.70 contract by the City Council on October 11, 2011 for the Broadwell Avenue Shoulder Improvement project. The estimate for the project was $180,000. This project consisted of placing 6’ wide asphalt shoulders on the east and west sides of Broadwell Avenue from the intersection of Capital Avenue north to the Veteran’s Athletic Field Complex entrance. Public Works is currently working with Burlington Northern Railroad (BNRR) officials to provide railroad crossing panels wide enough to accommodate surfaced shoulders through the Broadwell Avenue/BNRR crossing. The crossing panels and surfaced shoulders on BNRR right of way will not be constructed until this crossing is reconstructed under their Double Track project. Discussion There are five surfaced driveways located on the east side of Broadwell Avenue north of Roberts Drive. The lanes of Broadwell Avenue had been resurfaced since these driveways were constructed, resulting in the roadway surface being higher than each driveway’s surface. The placement of the 6’ wide shoulder at a relatively flat slope resulted in a greater elevation difference, or “drop-off,” from the roadway to each driveway. The “drop-off” from the new shoulder to each driveway was excessive and unsafe. The Contractor was directed to resurface each driveway to provide a level transition from the roadway to each driveway. The item “Placement of Asphaltic Concrete for Intersections and Driveways” is being added to compensate the Contractor for cleaning and preparing each driveway for placement and compaction of asphalt. The agreed unit price for “Placement of Asphaltic Concrete for Intersections and Driveways ” compares to 123% of the contract unit price for the same item on the Nebraska Department of Roads project NH-34-4(131), Grand Island South. The agreed unit price is reasonable considering the “hand work” required and the small quantities involved. The contract quantities of “Asphaltic Concrete, Type B” and “Asphaltic Cement” are being increased to reflect this change. The cost for this additional work is $6,506.20. There are adequate funds in the line item budget (Account No. 10033506-85354) for this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 1 for the Broadwell Avenue Shoulder Improvement project. Sample Motion Move to approve the resolution. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: December 6, 2011 PROJECT: Broadwell Avenue Shoulder Improvement – Capital Avenue to Veteran’s Athletic Fields Entrance CONTRACTOR: J.I.L. Asphalt Paving Co. CONTRACT DATE: October 11, 2011 Quantity Unit Price Total Price 1. Placement of Asphaltic Concrete for Intersections and Driveways 310 SY $4.90/SY $1,519.00 2. Asphaltic Concrete, Type “B” 90 TON $30.95/TON $2,785.50 3. Asphaltic Cement 1074 gal $2.05/GAL $2,201.70 TOTAL OF CHANGE ORDER NO. 1 $ 6,506.20 Placement of Asphaltic Concrete for Intersections and Driveways shall be in accordance with the 2007 Edition of the Nebraska Department of Roads Standard Specifications for Highway Construction, Section 503.04, Paragraph 5.b.(1). Measurement and payment shall be in accordance with the 2007 Edition of the Nebraska Department of Roads Standard Specifications for Highway Construction, Section 503.05, Paragraph 2, and Section 503.06, Paragraph 1. The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ...................................................................................... $ 119,193.70 Net Increase/Decrease Resulting from this Change Order.............................................................. $ 6,506.20 Revised Contract Price Including this Change Order ................................................................ $ 125,699.90 Approval Recommended: By_______________________________________ John Collins, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: J.I.L. Asphalt Paving Co. By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-354 WHEREAS, on October 11, 2011, by Resolution 2011-301, the City of Grand Island awarded J.I.L. Asphalt Paving Co., of Grand Island, Nebraska the bid in the amount of $119,193.70 for the Broadwell Avenue Shoulder Improvement – Capital Avenue to Veteran’s Athletic Fields Entrance; and WHEREAS, it has been determined that modifications to the work to be performed by J.I.L. Asphalt Paving Co. are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $6,506.20 for a revised contract price of $125,699.90. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and J.I.L. Asphalt Paving Co. of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-355 - Approving Change Order No. 1 for the St. Joseph Trail Reconstruction - 2011 Tuesday, December 06, 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: December 6, 2011 Subject: Approving Change Order No. 1 for the St. Joseph Trail Reconstruction - 2011 Item #’s: G-10 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $168,769.25 contract by the City Council on September 13, 2011 to improve the trail surface from asphalt to concrete. Discussion The City used Hall County’s zipper machine to grind up the asphalt trail, allowing for the ground up asphalt to be used as suitable base. It wasn’t known at the time that this asphalt base would require compaction before the concrete trail could be poured. The contractor provided a cost for the subgrade preparation at $1.35 per square yard; with 5,364.50 square yards being worked, for a total contract increase of $7,242.08. Change Order No. 1 will increase the contract amount to $176,011.33. 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 Cha nge Order No. 1 for the St. Joseph Trail Reconstruction – 2011 project. Sample Motion Move to approve the resolution. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: December 6, 2011 PROJECT : St. Joseph Trail Reconstruction - 2011 CONTRACTOR: The Diamond Engineering Company CONTRACT DATE: September 13, 2011 Subgrade preparation of asphalt millings for concrete trail. The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ………………………………………………$168,769.25 Net Increase/Decrease Resulting from this Change Order……………………………..$ 7,242.08 Revised Contract Price Including this Change Order………………………………$176,011.33 Approval Recommended: By__________________________________ John Collins, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: The Diamond Engineering Company By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-355 WHEREAS, on September 13, 2011, by Resolution 2011-249, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $168,769.25 to improve the St. Joseph Trail from an asphalt surface to a concrete surface; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract by the amount of $7,242.08, for a total contract price of $176,011.33. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2011-356 - Approving Certificate of Final Completion for the St. Joseph Trail Reconstruction - 2011 Tuesday, December 06, 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: December 6, 2011 Subject: Approving Certific ate of Final Completion for the St. Joseph Trail Reconstruction - 2011 Item #’s: G-11 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $168,769.25 bid by the City Council on September 13, 2011 to improve the St. Joseph Trail from an asphalt surface to a concrete surface. Work on the project commenced on October 17, 2011 and was completed on November 10, 2011. Discussion The project was completed in accordance with the terms, conditions and stipulations of the bidding process. Work was completed at a total cost of $171,459.63. Change Order No. 1 is being presented to City Council tonight in the amount of $7,242.08, which is for subgrade preparation after the asphalt trail was ground for the trail base. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for the St. Joseph Trail Reconstruction - 2011. Sample Motion Move to approve the Certificate of Final Completion. ENGINEER’S CERTIFICATE OF FINAL COMPLETION St. Joseph Trail Reconstruction - 2011 CITY OF GRAND ISLAND, NEBRASKA December 6, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that the St. Joseph Trail Reconstruction - 2011 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated September 13, 2011. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. St. Joseph Trail Reconstruction – 2011 Item No. Description Total Quantity Unit Unit Price Total Cost Bid Section "A" - US Highway 34 to Sothman Park Access (Station 0+00 - 39+00) 1 6" PCC Trail 4,125.00 s.y. $30.75 $126,843.75 2 Remove Sidewalk 428.00 s.f. $1.15 $492.20 3 Construct Sidewalk 0.00 s.f. $4.20 $0.00 4 Remove Existing Trail 0.00 s.y. $7.00 $0.00 Total Bid Section A = $127,335.95 Bid Section "B" - Sothman Park Access to Stolley Park Road (Station 39+00 - 49+15) 1 6" PCC Trail 1,224.00 s.y. $30.10 $36,842.40 2 Remove Existing Trail 5.60 s.y. $7.00 $39.20 Total Bid Section B = $36,881.60 Change Order No. 1 1 Subgrade Preparation 5,364.50 s.y. $1.35 $7,242.08 Total Bid Section CO #1 = $7,242.08 Grand Total = $171,459.63 I hereby recommend that the Engineer’s Certificate of Final Completion for the Concrete Ditch Liner and Headwall East of Harrison Street be approved. ____________________________________________ ___________________________________ John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-356 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for the St. Joseph Trail Reconstruction - 2011, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for the St. Joseph Trail Reconstruction is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2011-357 - Approving Bid Award for Lift Station No. 7 Repairs; Project No. 2011-S-1 Tuesday, December 06, 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: December 6, 2011 Subject: Approving Bid Award in Lift Station No. 7 Repairs Project No. 2011-S-1 for the City of Grand Island Item #’s: G-12 Presenter(s): John Collins, Public Works Director Background The proposed repair improvements project(s) in Lift Station No.7 vary in scale to upgrade the capacity and quality of sanitary sewer pumping, and to undertake sanitary sewer main gravity collection system upgrades. This is an area in southern Grand Island generally between Anna Street and Stolley Park Road/Harrison and Blaine Streets. Lift Station 7, which currently serves this area, installed in the early 1960’s, includes 1,127 structures in single family homes, multi-family residences, and businesses. The area served by Sanitary Sewer Lift Station No. 7 has experienced numerous sewer backups in the past during high ground water and wet weather events. These sewer backups have resulted in thousands of dollars in property damage and significant allocation of City resources and dollars in response to the problem. Repair of sanitary sewer lines which allow large quantities of ground water to enter the collection system and replacement of the force main exiting the lift sta tion will significantly reduce the chance for costly sewer backups. Repairs and mitigation planning for the service area have been identified in the May 2010 updated Wastewater Collection and Treatment Comprehensive Plan. A 2008 Community Development Block Grant (CDBG) in the amount of $1,003,365 has been awarded to assist in funding this improvement project. The remaining grant amount will be used towards the lift station rehabilitation, which bids will be solicited for in the near future. On October 26, 2011 an ad to bidders was published in the Grand Island Daily Independent. A mandatory pre-bid meeting was held November 2, 2011 at the Wastewater Treatment Plant. Discussion On November 16, 2011 bids were received from three contractors: 1) Diamond Engineering Co., 2) Midlands Contraction, Inc., and 3) General Excavating. The bid proposal allowed the contractor to bid on either Option No.1, Option No. 2, or bid both options. Option No. 1 provided for lining the sewer line between Oklahoma and Phoenix, Arthur and Grant with a continuous lining material. Option No. 2 provided for complete replacement of the eight (8) inch sanitary sewer main line, replacement of manholes, replacement of service connections. The project will provide three (3) rehabilitation projects in the gravity sewer collection system and one (1) new forced pumping main construction. a) Construction of a Beltline Forcemain, eight (8) inch diameter; 3,517 feet thru Directional Boring process for the sanitary sewer pumping main. The location of the sanitary sewer forcemain construction is from Lift Station No. 7 to Manhole 83-A; seventy (70) feet west of the River Industrial Lead. b) Barbara and Gretchen consist of sanitary sewer open excavation to replace ten (10) inch gravity main, four (4) inch service lateral. The location of the sanitary sewer construction is North of Barbara Avenue from Gretchen Avenue East approximately one hundred thirty (130) feet. c) Stolley and Blaine consist of existing eight (8) inch gravity clay tile sanitary sewer main rehabilitation to stabilize structural defect in specific point location repairs. The location of the sanitary sewer construction is in Stolley Park Road from Blaine Street; West approximately three hundred (300) feet. d) Arthur to Grant consists of rehabilitation/replacement to six hundred twenty-three (623) feet of eight (8) inch gravity sanitary sewer main, service laterals, and manholes. The location of the sanitary sewer construction is from Arthur Avenue to Grant Street between Phoenix and Oklahoma. Bid Table Diamond Midlands General Engineering Contracting, Inc. Excavating Beltline Forcemain: $ 350,758.19 $ 218,911.07 $ 377,329.00 Stolley & Blaine: $ 14,400.00 $ 44,080.00 $ 14,250.00 Option #1 Arthur to Grant #1: No Bid $ 72,158.00 No Bid Option #2 Arthur to Grant #2: $ 114,760.00 $ 758,984.10 $ 224,476.00 Barbara & Gretchen: $ 9,441.10 $ 15,829.00 $ 47,250.00 Total Bid Tabulation W/ Option #1 No Bid $ 310,978.67 No Bid Total Bid Tabulation W/ Option #2 $ 489,359.29 $ 997,804.17 $ 663,305.65 City staff recommends the bid be awarded to Midlands Contracting, Inc. in the amount of $310,978.67 for Option No. 1, as this is the lowest, responsible bid received. 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 it to Midlands Contracting, Inc. of Kearney, Nebraska who had a bid of $310,978.67 for Lift Station No. 7 Repairs, Project No. 2011-S-1. Sample Motion Move to approve bid award to Midlands Contracting, Inc. of Kearney, Nebraska for Lift Station No. 7 Repairs, Project No. 2011-S-1 for the City of Grand Island. <Double-click here to enter title> !( D D D D D D DD D D ") ")") ")")")") !(!( !( !( ST.75 ST.74 ST.73 ST.72 ST.71 ST.70 ST.69 ST.57 ST.181Anna St WBlaine St SStolley Park Rd W A rth u r S t S John St WLouise St W Harrison St SAda StChurch Rd Grand Ave G ra nt St S Adams St SDel Mar AveKoenig St W Henry StLam ar AveCharles St W Hagge AvePhoenix Ave W Ingalls StSpring RdAndo AveBarbara AveSouth St W C la y St S Abbey RdTild e n St S Coventry LnCurtis StO klahom a Ave W August St SWindsor RdDel Monte AvePost RdHighgate RdPioneer BlvdGarland St2nd St W William StBrentwood BlvdGretchen AveDivision St W Doreen StRoberta AveCircle Dr Idlewood LnL o g a n St S Spruce RdCleveland St SBrentwood Pl Hanover LnApache RdS u n n y B ro o ke R d Woodridge Blvd Post Pl Bock Ave Stewar t Dr B r o a d w ell A v e S Riverview DrStolley Park CirSpruce Pl Westminster Rd Newcastle Rd WCoventry PlIngalls StDel Monte AveCurtis StGarland StJohn St W O klahom a A ve W In g alls S tAda StOklahom a Ave W Del Monte Ave Roberta Ave³ Lift Station 7 Watershed Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: November 16, 2011 at 2:00 p.m. FOR: Lift Station No. 7 Repairs – Project 2011-S-1 DEPARTMENT: Public Works ESTIMATE: $600,000.00 FUND/ACCOUNT: 5303-0055-85213-53011 PUBLICATION DATE: October 26, 2011 NO. POTENTIAL BIDDERS: 10 SUMMARY Bidder: Diamond Engineering Co. Midlands Contracting, Inc. Grand Island, NE Kearney, NE Bid Security: Universal Surety Co. Travelers Casualty & Surety Co. Exceptions: Noted None Bid Price: Beltline Forcemain: $350,758.19 $218,911.07 Stolley & Blaine: $ 14,400.00 $ 4,080.00 Arthur to Grant #1: No Bid $ 72,158.60 Arthur to Grant #2: $114,760.00 $758,984.10 Barbara & Gretchen: $ 9,441.10 $ 15,829.00 Total Bid Option #1: No Bid $310,978.67 Total Bid Option #2: $489,359.29 $997,804.17 Bidder: General Excavating Lincoln, NE Bid Security: Universal Surety Co. Exceptions: Noted Bid Price: Beltline Forcemain: $377,329.00 Stolley & Blaine: $ 14,250.00 Arthur to Grant #1: No Bid Arthur to Grant #2: $224,476.65 Barbara & Gretchen: $ 47,250.00 Total Bid Option #1: No Bid Total Bid Option #2: $663,305.65 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Vicki Tylkowski, WWTP Clerk Mary Lou Brown, City Administrator Roger Scott, WWTP Eng. Tech. P1519 Approved as to Form ¤ ___________ December 6, 2011 ¤ City Attorney R E S O L U T I O N 2011-357 WHEREAS, Advertisement to Bidders for Lift Station No. 7 Repairs, Project No. 2011- S-1 at the Wastewater Treatment Plant was published in the Grand Island Daily Independent on October 26, 2011, and WHEREAS, on November 16, 2011 bids were received, opened and reviewed; and WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, with a base bid of $310,978.67; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid award with the contracting firm, Midlands Contracting, Inc. of Kearney, Nebraska, in the amount of $310,978.67 for Lift Station No. 7 Repairs, Project No. 2011-S-1 at the Wastewater Treatment Plant is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2011-358 - Approving Agreement with NDOR for US Highway 30 Improvements Tuesday, December 06, 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: December 6, 2011 Subject: Approving Agreement with NDOR for US Highway 30 Improvements Item #’s: G-13 Presenter(s): John Collins, Public Works Director Background All agreements must be approved by the City Council. The Nebraska Department of Roads (NDOR) is preparing plans for improvements to US Highway 30. Discussion The improvements to US Highway 30 cover 1.62 miles, starting just west of the US Highway 30 and US Highway 281 junction and extending east to the junction of US Highway 30 and Broadwell Avenue. Improvements to this strecth of roadway will consist of the following: · Repairing concrete pavement, curbs and bridge joints; · Diamond grinding the concrete roadway and resurfacing shoulders and the ramps at the US Highway 30 and US Highway 281 interchange; and · New pavement markings The City of Grand Island will pay 50% of the preliminary engineering, construction and construction engineering total costs for the portion of the project that is within the City’s corporate limits. The City’s share is currently estimated to be $423,705.00, with a total project estimate of $847,409.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-358 WHEREAS, the Nebraska Department of Roads is improving US Highway 30 from west of the US Highway 30 and US Highway 281 junction and extending east to the junction of US Highway 30 and Broadwell Avenue; and WHEREAS, such improvements shall consist of repairing concrete pavement, curbs and bridge joints; diamond grinding the concrete roadway and resurfacing shoulders and the ramps at the US Highway 30 and US Highway 281 interchange; and new pavement markings; and WHEREAS, the City’s share is estimated to be $423,705.00; and WHEREAS, an agreement with the Nebraska Department of Roads is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Nebraska Department of Roads for the improvement to US Highway 30 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2011-359 - Approving Certificate of Final Completion for Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3 Tuesday, December 06, 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: December 6, 2011 Subject: Approving Certific ate of Final Completion for Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3 Item #’s: G-14 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $69,664.40 bid by the City Council on September 27, 2011 to allow for the lining of what is referred to as the Sugar Beet Ditch and additional piping for better drainage, as well as ease in maintenance. This project also reduced the chance of a potentially hazardous situation, as there was a possibility of an individual falling into the open ditch. Work on the project commenced on October 12, 2011 and was completed on November 28, 2011. On November 8, 2011 City Council approved Change Order No. 1, which allowed additional work requiring extra tree removal to improve aesthetics; removal of headwall for constructability; and relocation of area inlets with smaller concrete pads for improved drainage, which are more appropriate for this recreational area. Change Order No. 1 increased this project cost by $12,550.00, for a total contract amount of $82,214.40. Discussion The project was completed in accordance with the terms, conditions and stipulations of the bidding process. The project cost was overrun by $6,121.04, with work being completed at a total cost of $88,335.46. The project required more square feet of sidewalk removal and replacement in both Bid Sections “A” and “B” from the original plan quantities; this was discovered once work began. There was also additional fill that was needed to complete the filling in of the ditch, which was not known until the end phase of the project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for the Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011- D-3. Sample Motion Move to approve the Certificate of Final Completion. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sugar Beet Ditch Piping @ Suck’s Lake; Project No. 2011-D-3 CITY OF GRAND ISLAND, NEBRASKA December 6, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that the Sugar Beet Ditch Piping @ Suck’s Lake; Project No. 2011-D-3 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated September 27, 2011. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Sugar Beet Ditch Piping @ Suck’s Lake; Project No. 2011-D-3 Item No. Description Total Quantity Unit Unit Price Total Cost Bid Section "A" 1 Construct 36" Polypropylene Storm Sewer Pipe 176.00 l.f. $59.40 $10,454.40 2 Remove & Salvage 36" C.M.P. 20.00 l.f. $4.75 $95.00 3 Remove & Replace Concrete Sidewalk 153.10 s.f. $4.85 $742.54 4 Remove & Relocate 36" Flared End 1.00 ea. $146.60 $146.60 5 Furnish & Place Fill 400.00 c.y. $11.60 $4,640.00 6 Seeding 0.16 ac. $1,865.00 $298.40 7 36" x 30" Tee with Standard 30" Grate 1.00 ea. $2,150.00 $2,150.00 Total Bid Section A = $18,526.94 Bid Section "B" 1 Concstruct 36" Polypropylene Storm Sewer Pipe 128.00 l.f. $59.40 $7,603.20 2 Remove & Salvage 36" C.M.P. 20.00 l.f. $4.75 $95.00 3 Remove & Replace Concrete Sidewalk 186.30 s.f. $4.85 $903.56 4 Remove & Replace 36" Flared End 0.00 ea. $146.60 $0.00 5 Furnish & Place Fill 290.00 c.y. $11.60 $3,364.00 6 Seeding 0.12 ac. $1,865.00 $223.80 7 36" x 30" Tee with Standard 30" Grate 1.00 ea. $2,150.00 $2,150.00 Total Bid Section B = $14,339.56 Bid Section "C' 1 Construct 36" HDPE N-12 Storm Sewer Pipe 376.00 l.f. $47.85 $17,991.60 2 Construct 4'x8' Junction Box 1.00 ea. $3,065.00 $3,065.00 3 Construct Junciton Box with Beehive Inlet 0.00 ea. $1,870.00 $0.00 4 Remove 36" Flared End Section 2.00 ea. $100.00 $200.00 5 Furnish & Place Fill 1173.00 c.y. $11.60 $13,606.80 6 Seeding 0.67 ac. $1,865.00 $1,249.55 7 36" x 30" Tee with Standard 30" Grate 2.00 ea. $2,010.00 $4,020.00 Total Bid Section C = $40,132.95 Change Order No. 1 CO1-1 Tree Removal 7.00 ea. $500.00 $3,500.00 CO1-2 Headwall Removal 1.00 ea. $500.00 $500.00 CO1-3 10" HDPE 58.20 l.f. $80.00 $4,656.00 CO1-4 90° Installed Fitting (10") 3.00 ea. $175.00 $525.00 CO1-5 10" Insert-a-tee 3.00 ea. $730.00 $2,190.00 CO1-6 Installed 1" HDPE Riser & Drop in Grate 3.00 ea. $190.00 $570.00 CO1-7 Concrete Pad (3' x 3') 3.00 ea. $425.00 $1,275.00 CO1-8 24" Drop in Grate 4.00 ea. $530.00 $2,120.00 Total Bid Section C = $15,336.00 Grand Total - Bid Sections A, B, C, Change Order No. 1 = $88,335.44 I hereby recommend that the Engineer’s Certificate of Final Completion for the Sugar Beet Ditch Piping @ Suck’s Lake; Project No. 2011-D-3 be approved. ____________________________________________ ___________________________________ John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor Approved as to Form ¤ ___________ December 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-359 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for the Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for the Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, Cit y Clerk Item G15 #2011-360 - Approving State Bid Award for (1) 2012 3/4 Ton Ford F250 4x4 Pickup for the Solid Waste Division of the Public Works Department Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Jeff Wattier, Solid Waste Superintendent Meeting: December 6, 2011 Subject: Approving State Bid Award for (1) 2012 3/4 Ton Ford F250 4x4 Pickup for the Solid Waste Division of the Public Works Department Item #’s: G-15 Presenter(s): John Collins, Public Works Director Background The Solid Waste Division of the Public Works Department budgeted for a pickup to be used in daily operations at the Landfill. The approved FY 2012 Solid Waste Division budget includes $30,000.00 for this purcha se. Discussion The vehicle specifications awarded under State of Nebraska Contract #13092 OC meet all of the requirements for the Solid Waste Division vehicle. Anderson Ford Lincoln Mercury of Lincoln, Nebraska submitted a bid with no exceptions in the amount of $23,346.00. There are sufficient funds for this purchase in Account No. 50530043-85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the State Bid Award to Anderson Ford Lincoln Mercury in the amount of $23,346.00 for the 2012 F250 4x4 pickup for the Solid Waste Division of the Public Works Department. Sample Motion Move to approve the State Bid Award to Anderson Ford Lincoln Mercury in the amount of $23,346.00 for the 2012 F250 4x4 pickup for the Solid Waste Division of the Public Works Department. Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-360 WHEREAS, the Solid Waste Division of the Public Works Department for the City of Grand Island, budgeted for a vehicle in the 2011/2012 fiscal year; and WHEREAS, said vehicle, a 2012 Ford F250 4x4 Pickup, can be obtained from the State Contract holder; and WHEREAS, purchasing the vehicle from the State Contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicle is provided in the 2011/2012 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2012 Ford F250 4x4 Pickup in the amount of $23,346.00 from the State Contract holder, Anderson Ford Lincoln Mercury of Lincoln, Nebraska, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2011-361 - Approving Supplemental Agreement No. 4 with Schemmer Associates for Engineering Consulting Services for the Walk to Walnut Project Tuesday, December 06, 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: December 6, 2011 Subject: Approving Supplemental Agreement No. 4 with Schemmer Associates for Engineering Consulting Services for the Walk to Walnut Project Item #’s: G-16 Presente r(s): Scott Griepenstroh, Project Manager Background The Walk to Walnut project will realign the main driveway to Walnut Middle School to match up with the intersection of 15th Street and Custer Avenue and install a traffic signal. The project is mostly funded with Safe Routes to School (SRTS) funds authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users Act (SAFETEA-LU) that are administered by the Nebraska Department of Roads (NDOR). The project will make it safer for children crossing Custer Avenue and encourage more walking and biking to school. The federal aid funding cap for individual SRTS projects is $250,000. On May 27, 2008, the City Council approved a Professional Services Agreement with The Schemmer Associates, Inc. of Lincoln, Nebraska, with Rockwell and Associates, L.L.C. of Grand Island, Nebraska as a Sub-consultant. The original agreement was for a total of $33,388.05. On December 2, 2008, the City Council approved Amendment No. 1 for $11,135.46, which provided for additional engineering services to address impacts to resources developed with Land and Water Conservation Fund (LWCF) funds, as per Section 6(f) of the Land and Water Conservation Fund Act of 1965. The detention cell land where the main driveway will be relocated was purchased and developed using LWCF funds, and the land that is being converted by the project has to be replaced. On May 24, 2011, the City Council approved Amendment No. 2 in the amount of $26,785.81 to provide for additional environmental review services, coordination and review of Plans, Specifications and Estimate package submittal, and conversion to NDOR construction specifications necessary to complete the project. On July 12, 2011, the City Council approved Amendment No. 3, which was developed by NDOR to provide language to explicitly state that the engineering services provided for in Amendment No. 2 would be funded only by the Local Public Agency and non- participating for Federal Aid. Discussion Prior to moving forward with acquisition of right-of-way, certain preliminary engineering services must be completed as per NDOR’s Right-of-Way Acquisition Guide for Local Public Agencies. The services include work associated with preparation of right-of-way (ROW) plans and performing a title research. The scope of this additional work could not be determined until recently. Although the original agreement for preliminary engineering included ROW services in the scope, plan design changes were made in order to comply with Land and Water Conservation Fund land conversion requirements as per guidance from NDOR and the Federal Highway Administration in a June 29, 2011 meeting. The guidance resulted in a better option for addressing the land conversion and for achieving timely completion of the project. Original Agreement $33,388.05 Amendment No. 1 $11,135.46 Amendment No. 2 $26,785.81 Amendment No. 3 $0.00 Amendment No. 4 $4,920.71 Total Revised Agreement $76,230.03 The original estimate for all costs for this project was $271,944, with $22,940 funded by in kind donations (landscaping and irrigation) and a cash match from Grand Island Public Schools. The maximum preliminary engineering expenses to be funded with SRTS funds, as per the Program Agreement, is $21,756. All costs exceeding the $21,756 limit are to be funded by the City of Grand Island. The engineering services provided for in this supplemental agreement are to be funded only by the Local Public Agency and non- participating for Federal Aid. Submittal of 90% Plans, completion of environmental clearance, and acquisition of right of way are anticipated to be completed in the next three months. Construction of this project is anticipated to be completed in 2012. 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 Amendment No. 4 to the Agreement for Preliminary Engineering Consulting Services for the Safe Routes To Schools Walk to Walnut Project. Sample Motion Move to approve Amendment No. 4. Approved as to Form ¤ ___________ December 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-361 WHEREAS, on May 27, 2008, by Resolution 2008-147, the City Council of the City of Grand Island approved an agreement with The Schemmer Associates, Inc. of Lincoln, Nebraska, with Rockwell & Associates of Grand Island, Nebraska as a sub-consultant, in the amount of $33,388.05, to perform design services for the Safe Routes to Schools Walk to Walnut Project; and WHEREAS, on December 2, 2008, by Resolution 2008-340, the City Council for the City of Grand Island approved Amendment No. 1, in the amount of $11,135.46, to the original agreement for consulting services to address impacts to resources developed with Land and Water Conservation funds as per Section 6(f) of the Land and Water Conservation Fund Act of 1965; and WHEREAS, on May 24, 2011, by Resolution 2011-128, the City Council for the City of Grand Island approved Amendment No. 2, in the amount of $26,785.81, to the original agreement for consulting services to address increased requirements for documenting and resolving environmental impacts and to convert existing plans to comply with Nebraska Department of Roads Construction Specifications; and WHEREAS, July 12, 2011, by Resolution 2011-167, the City Council for the City of Grand Island approved Amendment No. 3 to the original agreement to provide for the work stipulated in Amendment No. 2 to be funded solely with LPA funds and to be non-participating for Federal Aid. WHEREAS, it is necessary to amend the agreement for recently determined consulting services for work required prior to moving forward with acquisition of right-of-way ; and WHEREAS, costs of the additional services shall not exceed $4,920.71; with a total consulting service cost of $76,230.03. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment to the agreement with The Schemmer Associates, Inc. of Lincoln, Nebraska, with Rockwell & Associates of Grand Island, Nebraska as a sub-consultant is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the amendment to the agreement for such services on behalf of the City of Grand Island. - - - - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2011-362 - Consideration of Request from GIPH Restaurants, LLC dba Pizza Hut, 707 North Diers Avenue for a Class “A” Liquor License and Liquor Manager Designation for Scott Kemery, 4156 Vermont Avenue This item relates to the aforementioned Public Hearing item E-1. Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-362 WHEREAS, an application was filed by GIPH Restaurants, LLC doing business as Pizza Hut, 707 North Diers Avenue for a Class "A" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on November 26, 2011; such publication cost being $20.31; and WHEREAS, a public hearing was held on December 6, 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 Scott Kemery, 4156 Vermont Avenue as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-363 - Consideration of Request from GIPH Restaurants, LLC dba Pizza Hut, 1608 South Locust Street for a Class “A” Liquor License and Liquor Manager Designation for Scott Kemery, 4156 Vermont Avenue This item relates to the aforementioned Public Hearing item E-2. Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-363 WHEREAS, an application was filed by GIPH Restaurants, LLC doing business as Pizza Hut, 1608 South Locust Street for a Class "A" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on November 26, 2011; such publication cost being $20.31; and WHEREAS, a public hearing was held on December 6, 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 Scott Kemery, 4156 Vermont Avenue as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2011-364 - Approving Utilities Relocation Agreement with the Burlington Northern Santa Fe Railroad for Double Track Project Tuesday, December 06, 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 Robert Sivick, City Attorney Meeting: December 6, 2011 Subject: BNSF Double Track Project Master Utility Relocation Agreement Item #’s: I-3 Presenter(s): Timothy Luchsinger, Utilities Director Background In 1993, Burlington Northern Railroad completed an elevated rail overpass to eliminate traffic conflicts caused by an at-grade crossing with the Union Pacific Railroad. In April of this year, the City was advised by BNSF that they were proceeding with a project to widen this overpass to a double track to alleviate traffic congestion as a result of multiple tracks reducing to a single track through Grand Island. As a result of this, multiple electrical, water, and sewer utility crossings by the City across BNSF right-of-way will need to be modified to accommodate the track improvement project. These modifications include either relocating utilities or encasement of the utilities to current railroad crossing standards. BNSF would also like to acquire portions of Utilities Department properties adjoining BNSF property south of the JBS facility and at the Burdick Station. Crossing agreements currently in place with BNSF require that utilities conflicts in railroad right- of-way be corrected at the City’s expense. Relocations outside of railroad right-of-way and acquisition of City property are subject to negotiations regarding compensation. Discussion In order to expedite some of the logistic and regulatory processes needed to meet their project schedule, BNSF has offered to undertake the design and relocation of all utility crossings at their expense, in exchange for transfer of the required Utilities Department property and other considerations. Their proposed Master Utility Relocation Agreement is attached. The other considerations include the following. · The City will cooperate and refrain from causing any delays and will grant any required construction approvals. · The City will complete work, designated to be by the City, in accordance with the project schedule. · The City will resolve any construction issues within two business days. · The City will provide review of all utility design by the BNSF within one week. · The City will execute standard crossing agreements for all utilities in BNSF right- of-way within six months. · The City will provide all property rights and temporary construction easements within one month. · The BNSF will acquire all property rights for relocating utilities outside of BNSF right-of-way, except where the City must exercise the right of eminent domain. Subject to approval of the utility agreement, the BNSF will provide aesthetic treatment to the retaining wall that will be used on much of the project, to improve its appearance and reduce the impact of graffiti. City staff has reviewed the BNSF Master Utility Relocation Agreement and recommends that the Mayor be authorized for its execution on the City’s behalf. 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 BNSF Master Utility Relocation Agreement and authorize its execution by the Mayor. Sample Motion Move to approve the BNSF Master Utility Relocation Agreement and authorize its execution by the Mayor. Approved as to Form ¤ ___________ December 1, 2011 ¤ City Attorney R E S O L U T I O N 2011-364 WHEREAS, in April of this year, the City was advised by BNSF that they were proceeding with a project to widen the elevated rail overpass to a double track to alleviate train traffic congestion; and WHEREAS, as a result of this project, multiple electrical, water and sewer utility crossings by the City across the BNSF right-of-way will need to be modified to accommodate the track improvement project; and WHEREAS, these modifications include either relocating utilities or encasement of the utilities to current railroad crossing standards, and WHEREAS, BNSF would also like to acquire portions of Utilities Department properties adjoining BNSF property south of the JBS facility and at the Burdick Station; and WHEREAS, BNSF would like to expedite this process, and has offered to undertake the design and relocation of all utility crossings at their expense in exchange for transfer of the required Utilities Department property and other consideration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the BNSF Master Utility Agreement is hereby approved, and that the Mayor is authorized to sign the agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 6, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of November 23, 2011 through December 6, 2011 The Claims for the period of November 23, 2011 through December 6, 2011 for a total amount of $3,465,671.14. A MOTION is in order. Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council Item X1 Strategy Session with Respect to Pending Litigation The City Council may vote to go into Executive Session as required by State law to discuss possible litigation for the protection of the public interest. Tuesday, December 06, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council