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01-24-2012 City Council Regular Meeting PacketCity of Grand Island Tuesday, January 24, 2012 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Linna Dee Donaldson Scott Dugan Randy Gard John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Chad Boling, First United Methodist Church, 4190 West Capital Avenue This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Russ Bolling, Firefighter/Paramedic for 20 Years of Service with the City of Grand Island The Mayor and City Council will recognize Russ Bolling, Firefighter/Paramedic for 20 years of service with the City of Grand Island. Mr. Bolling was hired on January 6, 1992 as a Firefighter/Paramedic and has remained in that position throughout his career. We congratulate and thank Mr. Bolling for his dedication and service to the City of Grand Island. Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Recognition of the Central Nebraska Regional Airport The Mayor and City Council will recognize the Central Nebraska Regional Airport for the outstanding air service to the people of central Nebraska. Mike Olson, Executive Director will update the Mayor and Council concerning the growth and expansion plans for the airport. Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Request from Gordo’s, Inc. dba El Mariachi Authentic Mexican Food, 2418 North Webb Road, Suite A for a Class "I" Liquor License Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: January 24, 2012 Subject: Public Hearing on Request from Gordo’s, Inc. dba El Mariachi Authentic Mexican Food, 2418 North Webb Road, Suite A for a Class “I” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Gordo’s, Inc. dba El Mariachi Authentic Mexican Food, 2418 North Webb Road, Suite A has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with the application was a request from Jose Bravo, 2307 Plum Creek, Lexington, Nebraska for a Liquor Manager designation. The Police Department completed a background check on Jose Bravo (see attached) and is recommending denial of this application based on the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) for a false application and missing documentation with the application. 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 denial of Liquor Licenses, City Administration recommends that the Council deny this application. Sample Motion Move to deny the application for Gordo’s, Inc. dba El Mariachi Authentic Mexican Food, 2418 North Webb Road, Suite A for a Class “I” Liquor License and Liquor Manager designation for Jose Bravo, 2307 Plum Creek, Lexington, Nebraska based on the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) for a false application and missing documentation with the application. 1 01/19/12 Grand Island Police Department 450 15:57 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 15:20:00 12/23/2011 Occurred before : 15:20:00 12/23/2011 When reported : 15:20:00 12/23/2011 Date disposition declared : 12/23/2011 Incident number : L11123091 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 2418 Webb Rd 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 2 Misc. number : RaNae Geobase address ID : 4481 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- NM 165530 01/18/12 Garcia-Martinez, Ezequiel D Interpreter NM 173114 01/18/12 El Mariachi, Restaurant NM 172975 01/11/12 Bravo, Jose J Owner/Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application for the Mariachi Authentic Mexican Food restaurant and a Copy of a Liquor Manger Application from Jose Bravo. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 3 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 10:15:48 01/16/2012 Date, Time: Mon Jan 16 10:16:02 CST 2012 Reporting Officer: Vitera Unit- CID Gordo's Incorporated doing business as the El Mariachi Authentic Mexican Food restaurant is seeking a Class I (beer, wine, distilled spirits, on sale only) corporate liquor license. Jose de Jesus Bravo is listed as the CEO of the corporation. Bravo also applied to be the liquor manager. He listed his home address on the liquor license and manager application as 2307 Plum Creek in Lexington, NE. While looking through the application, several areas piqued my interest. First, Bravo is part owner of San Pedro restaurant in Kearney, Lexington, North Platte, and Scottsbluff, Nebraska. He listed on his applications that he lived in Joplin, Missouri from 1996 until 2009 when he moved to Lexington. He also stated the he was born in Mexico. Bravo did not list a spouse on the application. In fact, he is the only person listed on the application, yet he listed Jose Manriquez as a person who is authorized to write checks and make 4 withdrawals on the business account. Part of the requirements to be a liquor manager include being a citizen of the United States and resident of the State of Nebraska. A Nebraska voter registration card and either a U.S. passport, U.S. birth certificate, or naturalization paperwork should be included with the application as proof. None of those documents were included. I checked with our local HSI office and was informed that Bravo is a naturalized citizen. I have some concerns, however, as to whether Bravo is a resident of Nebraska. His home address as stated above is actually the address of his restaurant in Lexington. Bravo also listed the restaurant's address on his Nebraska driver's license. I spoke to Investigator Rowan with the Lexington Police Department who said he didn't believe the restaurant had any living quarters attached to it. He later informed me that the health department visited the restaurant and said there are no living quarters at the restaurant, and numerous employees were working there (significant because Bravo stated on the application that he was the sole employee). Bravo told the health department he used that address because that's where he receives his mail even though the application separately asks for home address 5 and where the applicant wants to receive mail from the Commission. The application states that Bravo listed a Kearney address to receive mail from the Commission, not at his restaurant. Investigator Rowan found a different Lexington address for Bravo in their database. He also told me that Bravo was a victim of a robbery at that address in June of 2011. Investigator Lorri Rogers with NSP had informed me about the robbery. From an online article, it appears that Bravo may have been living or staying with his father. When I later spoke to Bravo, he said he was renting this address from one of his employees named Hector Onate. When Bravo was interviewed, he gave yet a different address in Lexington. I also called law enforcement authorities in Joplin, Missouri. I spoke to Captain Walrod with the Jasper County Sheriff's Office. He advised that Bravo has two restaurants in Joplin. They are called El Charro. He said there is also an El Charro in Carthage, Missouri and Pittsburgh, Kansas. Carthage is about 12 miles east of Joplin, and Pittsburgh is about 30 miles from Joplin. Captain Walrod thought that Bravo and his wife, Sandra still live in the Joplin area. He found out for me that Bravo is currently paying utilities at 25150 Demott Dr. in Joplin. Captain Walrod spoke to a sergeant who patrols the area 6 where Bravo lives (or used to live), and she thought that Bravo is still married to Sandra (Bravo) and living there. She described the Bravo's as "good people." At this time, I don't know whether the restaurants in Kansas and Missouri serve alcohol and if the they have any liquor violations. Bravo did not list any out-of-state liquor licenses when it was asked of him on the application. Another question on both applications asks about being convicted of any charge. Bravo listed some traffic convictions in Buffalo and Dawson County along with an open container conviction. He also listed a traffic ticket in Missouri and a traffic ticket in Oklahoma. I can't run official criminal history checks on liquor license applicants. A fingerprint submission from the applicant will determine that at the state level. Even though Bravo hasn't spent much time in Nebraska, I checked Spillman and NCJIS. He does not have an entry in Spillman, and his entries in NCJIS generally matched up to the disclosures on the applications. NCJIS also shows that a bench warrant was issued for Bravo on four separate occasions involving the convictions he disclosed. On each occasion, the warrant was cancelled before it was served. This leads me to believe that he wasn't paying his fines on time. Besides checking with Jasper County, I spoke to a records clerk at the Joplin 7 Police Department. She advised that Bravo had some minor traffic violations that included speeding and a seatbelt violation, but he was also cited for driving during revocation in 2001. I spoke to Sgt. Young with the Kearney Police Department. He put out an e-mail to department members asking about negative contacts with Bravo and the San Pedro restaurant. He didn't get any responses. I spoke to a representative of the North Platte Police Department. He advised that they didn't have any contacts with Bravo. He also commented that San Pedro is a good restaurant. I called Scottsbluff and ended up speaking with Detective Rader. He said they don't have any problems with the restaurant that he's aware of. He also sent me a copy of their liquor license investigation into San Pedro. Scottsbluff contacted Kearney PD and learned that Isaias Manriquez was listed on Kearney's application. The Scottsbluff investigation also determined that Bravo provided a false Social Security number. I wasn't able to get clarification as to whether this was intentional or some sort of typo. I tried to find Bravo on facebook but didn't find anything that I could be sure was him. I also ran Bravo through an Internet search engine. There is a large amount of data on Bravo, and it was difficult to sort through it and determine 8 if all the information could be attributed to the applicant or a different Jose Bravo. It appeared that Bravo has either lived or had a restaurant in the following places: Kearney, Lexington, North Platte, Scottsbluff, Joplin, MO; Carthage, MO; Wyoming, MI; Claremore, OK; Muskogee, OK; Mountain Home, AR; and Bowling Green, KY. It appeared that Bravo owns an El Charro in Joplin, and an El Charro in Claremore, OK. The information also pointed towards Bravo as having some liens against him. From 12/13/2004 (file date) through 10/4/2005 (release date), Jose Bravo had a "state tax warrant" in Oklahoma in the amount of $5,574. On 11/16/2010, the "Tax Commission" in Rogers County Oklahoma filed a tax lien on Bravo in the amount of $12,681. No disposition is listed. In March of 2004, the IRS filed a lien against Bravo's El Charro restaurant in Joplin. There is no amount listed, but the status is listed as open. Bravo would later tell me that this information is associated with his father and brother. Even though Bravo stated on his applications that he has lived in Lexington since 2009, the Internet search engine indicated that he registered a '97 Altima in Missouri on 6/8/11 and a 2010 Tundra in Missouri on 10/28/10. He also has two cars registered in Nebraska in 2011. It appears that he's keeping residences and registering cars in Nebraska and Missouri in the same year. One 9 more piece of information stated that the only voter registration card on file for Bravo is in the State of Missouri. On 1/11/12, I drove by the restaurant. I observed two vehicles parked in front of it. One was a silver Dodge pickup (18CM2368), and the other was a small red Chevy car (21AH59). The red Chevy is registered to Juan Manriquez. Manriquez is the same last name of the person Bravo listed on the application as having access to the business account. It is also the same last name as one of the corporate officers in the Kearney San Pedro. I also ran Bravo's name through NCJIS looking for vehicles registered to him. I came up with a 2011 Yukon Denali registered to Jose and Maria Bravo of 2900 Grand Ave. # 145 in Kearney, NE. The vehicle was registered on 4/15/11. At this point, I don't know Jose's relationship with Maria even though they have the same last name. I called (573-526-2772) the Missouri Alcohol and Tobacco Control (ATC) Commission and asked them if Bravo has any liquor licenses in their state. I was informed that there are several licenses under the last name of Bravo and also under Jose Bravo but none that matched the date of birth and Social Security number of this applicant. Other names on the applications as corporate officers are Efraine Bravo and Andres Bravo. Some of the restaurants are named 10 El Charro. I was also told that the restaurants have some history of failing compliance checks. I also called (405-521-3011) the Alcoholic Beverage Laws Enforcement (ABLE) Commission in Oklahoma. They have at least twelve restaurants that have Jose Bravo or Jose L. Bravo as a corporate officer. They also show Andres Bravo and Nicholas Onate as corporate officers at restaurants that are either El Charro, Los Charros, Mi Ranchito, El Charrito, or Playa Azul. The person I spoke to at ABLE said they have numerous minor and major violations at these restaurants. A major violation would be selling to a minor or allowing a minor in a bar. They also said that Jose L. Bravo had written them some "hot" checks. I called Rogers County Oklahoma and confirmed that Jose L. Bravo had a tax lien placed on him in 2004 for $5,574 and a tax lien in 2010 for $12,681. This is the same information that was discovered through the Internet search engine. Jose L. Bravo was not paying his personal income tax to the State of Oklahoma. Both balances have now been paid. On 1/17/12, NSP Investigator Lorri Rogers and I met with Jose de Jesus Bravo at his restaurant. He used an employee by the name of Ezequiel Garcia to interpret 11 for him. Bravo immediately identified Jose Manriquez as his manager who is going to be responsible for the day-to-day operation of the business which would include ordering alcohol and being in charge of everything. Bravo said he planned on visiting the business about every eight days. When asked why Manriquez didn't apply for the manager's position, Bravo said he thought it would be easier for him to get approved. Bravo identified Jose Manriquez as being his uncle. Bravo said Clemente Salazar is the manager of all the San Pedro's in Nebraska. Isaias Manriquez is currently listed as the manager of San Pedro in Kearney. Bravo said he has no idea where Isaias Manriquez is now or what he is doing. On the application, Bravo stated that he is the sole employee of the San Pedro in Lexington. When asked about this, he said that was not true. He has five people who work for him. Bravo said his attorney filled out the application for him. However, Bravo also advised that he had an interpreter with him, and the application was read to him in Spanish. He had no other explanation. Since Bravo has four other restaurants in Nebraska that are all named San Pedro and are part of San Pedro Inc., he was asked why this one is named differently and under a new corporation. Bravo said that he wanted to be on his own with 12 this restaurant. Another explanation could be that he wants some separation from the other restaurants with the NLCC because they have had some problems. The Kearney restaurant has three violations for selling to minors and a violation for having an open container after hours. They were also scheduled for a "show cause" hearing on 1/18/12 in front of the NLCC for failing to comply with a specific training order from the NLCC. I checked with the NLCC on 1/19/12 and was advised that the hearing was continued. The Lexington restaurant has had a liquor license since 6/30/09 and doesn't have any violations. The North Platte restaurant has had a license since 3/9/09 and doesn't have any violations. The Scottsbluff restaurant has had a license since 7/16/09 and has one sale to a minor that was eventually dismissed. While trying to determine Bravo's status as a possible Nebraska resident, I ran his name through NCJIS to see what vehicles are registered to him. I came up with a maroon 2009 Escalade registered to Jose and Maria Bravo in Kearney. It had originally been titled in Claremore, OK (where the tax issues are) to Jose and Maria Bravo. I also found a white 2011 Yukon Denali registered to Jose and Maria Bravo at the same address in Kearney. Previous title information came back to a dealer in Joplin, MO (where Bravo said he lived from '96-2009). 13 Bravo told me that those vehicles were purchased by his parents. He went on to explain that he is currently separated and in the process of a divorce with his wife named Maria Bravo. His parents are also named Jose and Maria Bravo. He also has a cousin named Jose Bravo who is married to Maria Bravo. Bravo said his parents currently live in Joplin, MO and have lived there for at least fourteen years. His parents bought the Escalade while living in Missouri. They titled it in Oklahoma and registered it in Nebraska. He thought they titled it in Oklahoma because the taxes were less there. I was not clear as to why they registered it in Kearney, NE. Moving on to the Denali, Bravo said his parents bought that vehicle for him in 2011. On his liquor license applications, Bravo claims to live in Lexington, but the Denali was registered in Kearney. Bravo said that his uncle, Jose Manriquez lives at the registered address in Kearney. Bravo couldn't explain why it wasn't at least registered in Dawson County. Bravo said that he couldn't afford the payments on the vehicle, so his brother (Efraine) took the vehicle and assumed the payments. A question on the application asks if the applicant borrowed any money from any 14 source including family and friends to establish and/or operate the business. The no box was checked. I asked Bravo how he could afford to start up this new restaurant without borrowing money when he couldn't afford a car payment. Bravo advised that he borrowed $35,000 from his parents. He then included his cousin, Jose L. Bravo, in lending him part of the $35,000. Bravo then said all of the $35,000 came from Jose L. Bravo, and his parents basically brokered the deal. The next question on the application asks if anyone other than the applicant will be sharing the business profits. The no box was checked. However, Bravo acknowledged that his parents will be receiving half of the profits. I couldn't figure out why his parents were in line to get the profits when it was his cousin who supposedly lent him the money. It appears that Bravo's cousin, Jose L. is the guy with tax liens in Oklahoma, yet this is the same guy who lent Bravo money. In summary, the Grand Island Police Department urges the city council to recommend a denial of this liquor license and liquor manager license to the NLCC for several reasons. First and foremost, this is a false application according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) which reads: 15 No applicant for a liquor license, or partner, principal, agent or employee of any applicant for a liquor license shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, or employees. Any violation of this provision may result in denial of application for a liquor license or, in the event that a license has already been issued, suspension, cancellation or revocation of such license. Bravo stated on his application that he didn't borrow any money for his restaurant, yet he did. He also stated on the application that no one will share the profits with him, yet he admitted that his parents are taking half. He didn't list a spouse on the application, and he is still married. Therefore, I was unable to do a background check on her, and no Spousal Affidavit of Non Participation is on file. He applied to be the liquor manager but only did so because the guy who is really going to be the manager might not have been eligible. He also listed an incorrect home address on the application. The licenses could also be denied because Bravo didn't supply the required documents (voter registration card, and either a birth certificate, naturalization paperwork, or a U.S. passport). Without the voter registration 16 card and the confusion with all of the similar names in his extended family, the way the vehicles are titled, registered and possessed, it's difficult to tell whether Bravo is a resident of Nebraska. There are also problems with the San Pedro restaurant owned by Bravo in Kearney. They have violations and are slow or don't comply with the orders of the NLCC. Another example of failing to comply with lawful orders or doing so reluctantly is Bravo's failure to pay fines on time that resulted in four separate arrest warrants which finally prompted him to pay before they could be served. After speaking with Bravo, he asserted that he is not involved with any restaurants outside of Nebraska. According to Bravo, the information I found on Jose Bravo in Missouri and Oklahoma can be attributed to his father and his cousin. However, it was extremely difficult to figure out which Jose and Maria Bravo did what since all three couples have intertwined history in Missouri, Oklahoma, and Nebraska. The bottom line is the applicant provided false information on his application, and he is receiving support from his family who have problems with liquor violations in Oklahoma and failing to pay their income taxes on time. In addition, my background investigation shows a connection between the Manriquez and Onate family with the Bravo family, but no information on them was provided 17 by Bravo even though he listed Jose Manriquez as having access to and authority over his business account. Once again, the applicant's false application combined with his involvement with his family and their shuffling of vehicles, liquor violations in multiple states, and the failure to pay taxes in a timely manner implies either deception, disregard of laws, or the inability to comply with liquor laws. !. I I B C B C D B D A ICI Webb Rd NDiers Ave NState St W Capital Ave W US Highway 281 NOld Highway 2 W Sheridan AveSherman BlvdCollege StCarleton Ave17th St W Westside StO Flannagan StSt Patrick AveCurran Ave Cottage St 18th St W Piper StHancock AveForrest St Aspen CirRue De CollegeOverland DrChantilly StLawrence LnKelly St Via Trivoli Waugh St W Nebraska Highway 2 W O Grady St Brennen Ln Via Como Howard CtSt James PlCurran Ct Via Milano Sherman CtUS Highway 281 NUS Hi g hway 2 8 1 NUS Highway 281 NWaugh St W µ New Liquor Application2418 N Webb Rd. Suite A Legend Liquor License Locations 1,500ft Buffer from Applicant Item E2 Public Hearing on Request from Rodrigo Sanchez dba El Centenario Bar & Grill, 316 East 2nd Street for a Class “C” Liquor License Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: January 24, 2012 Subject: Public Hearing on Request from Rodrigo Sanchez dba El Centenario Bar & Grill, 316 East 2nd Street for a Class “C” 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 Rodrigo Sanchez dba El Centenario Bar & Grill, 316 East 2nd Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. 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 Rodrigo Sanchez dba El Centenario Bar & Grill, 316 East 2nd Street for a Class “C” Liquor License contingent upon final inspections and upon Mr. Sanchez completing a state approve alcohol server/seller training program. 01/20/12 Grand Island Police Department 450 09:01 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 15:17:34 12/23/2011 Occurred before : 15:17:34 12/23/2011 When reported : 15:17:34 12/23/2011 Date disposition declared : 12/23/2011 Incident number : L11123090 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 316 2nd St E State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 17738 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- NM 56704 01/18/12 Sanchez, Rodrigo Applicant NM 173115 01/18/12 El Centenario Bar & Grill, Business LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 Bar/Night Club LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application for the El Centenario Bar & Grill. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date 1 Vitera D 16:27:28 01/18/2012 01/20/12 Grand Island Police Department 450 09:01 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Wed Jan 18 16:27:40 CST 2012 Reporting Officer: Vitera Unit- CID I received a copy of a Class C (beer, wine, distilled spirits on and off sale) Individual liquor license application for the El Centenario Bar and Grill from Rodrigo Sanchez. Rodrigo is 24 years old and has lived in Grand Island most of his life. He lives in his parents' house and will be paying his business rent to his uncle. Rodrigo disclosed several violations which include a couple of MIP's, no operator's license, playing his music too loud in his car, and having excessive window tint on his car windows. He also had a third degree assault conviction from 2008 that would have automatically excluded him from getting a liquor license, but the conviction was set aside by a judge during this application process. I checked Rodrigo through Spillman and NCJIS. I did not find any undisclosed violations. I also checked Rodrigo through an Internet database but did not find anything of interest. I tried to pinpoint Rodrigo on facebook but was unsuccessful. He has a valid driver's license, and there are no warrants for his arrest. He is a U.S. Citizen and a registered voter of Hall County. I am unable to run national criminal history checks on liquor license investigations. That will be taken care of at the state level and any problems should be addressed by the NLCC. Rodrigo hasn't had much documented history with the GIPD within the last 2.5 years. On 1/19/12, I talked to Rodrigo at his bar. He advised that the El Centenario is a Mexican gold coin. He saw a nightclub in Mexico named that and liked it. Rodrigo approached his uncle about operating a bar in his uncle's building. Rodrigo's uncle has experience in the liquor industry as he is a liquor license holder himself, yet Rodrigo has not asked him for any advice. Rodrigo borrowed $7,000 from the bank. He and his mother used their cars for collateral. He has not borrowed money from anyone else, and no one else will be sharing the profits. Rodrigo plans to have a DJ on Friday and Saturday nights. He is going to use Blue Star which is operated by "Tony" from Sanchez Plaza. He has lined up Trejo security and anticipates using them on Friday, Saturday, and Sunday nights. He thinks he will have two security guards each night. Rodrigo has not hired anyone else to work in his bar. He said if it gets busy, he will have his girlfriend take some training and assist him on those nights. Rodrigo has never run a bar before. I encouraged him to go online and look at the NLCC's rules and regulations. We also spoke about common problems at bars and possible ways to handle them. We talked about having a good relationship with law enforcement. Rodrigo said he no longer parties like he used to. He has a girlfriend and a three year old daughter to think about. He said that he has made a concerted effort to be more responsible the last few years. I gave Rodrigo my card and told him to call me if he has any questions or concerns. The Grand Island Police Department has no reason to preclude Rodrigo Sanchez from receiving a liquor license. !.4th St EPin e St N O a k St N Vine St SOak St SS yca m ore St N 1st St W 5th St EPlum St SEl m St S Vin e St N 2nd St W Locust St S1st St E3rd St W 8th St E7th St E2nd St E3rd St EWaln ut St N 9th St EC e d ar St S Koenig St W Louise St W Cleb urn St S E dd y St S C harles St W B eal St Division St W4th St W Pine St SKimball Ave SSt P a ul R d L o cu st St N Division St EG roff StYund StWaln ut St S5th St W Sycamore St SM e m o ria l D rC herry St S Elm St N U S H ighw ay 30 EJohn St W6th St W C e d ar St N 6th St E10th St ESouth Front St EAshton Ave EJ o e h n ck R d M a ple St Plum RdHansen St7th St W Plu m St N Clark St S U P R R D riv e W h e eler A v e N Charles St E L a m b ert St South Front St W Ki m b all A v e N Meves Ave8th St W M ark et St W h e eler A v e S Court St E Schuff St Sutherland St Ashton Ave WPine St S5th St EU S H ighw ay 30 E Charles St W L o c u st St N Plu m St N 7th St EW h e eler A v e N M emorial DrC h erry St S Vin e St N7th St E6th St EKi m b all A v e N µ New Liquor Application316 E 2nd St. Legend !.Applicant Location Liquor License Locations 1,500ft Buffer from Applicant Item E3 Public Hearing on Acquisition of Real Estate Located South of the BNSF Railroad Tracks between Bismark Road and Stuhr Road (T & S Land Development, LLC) Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Robert Sivick City of Grand Island City Council Council Agenda Memo From: Robert J. Sivick, City Attorney Meeting: January 24, 2012 Subject: City Acquisition of Real Estate for Relocation of Utility Lines Due to BNSF Second Track Project Item #’s: E-3 & G-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, 2011 the City of Grand Island (City) was advised by the BNSF Railway (BNSF) it was 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. On January 10, 2012 the Grand Island City Council approved the conveyance of real estate owned by the City to BNSF to allow the completion of the second track project. Utility lines located on parcels conveyed to BNSF will have to be relocated. Discussion BNSF has negotiated with T&S Land Development, LLC to grant the City an easement for the relocation of utility lines on real estate owned by this private property owner. In the course of negotiations, City staff was able to reach an agreement with the T&S to convey the real estate to the City in fee simple rather than just granting an easement. The cost to the City will remain at one dollar. This agreement benefits T&S in that it will not have to pay property tax on real estate it is unable to develop. This agreement also benefits the City in that the City will own the real estate, control who enters the property, and avoid any future disputes about the terms and conditions of an easement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve. 2. Take no action on the issue. Recommendation City Administration recommends that the Council approve Resolution No. 2012-15 and authorize the Clerk to file with the Hall County Register of Deeds a Warranty Deed conveying to the City from T&S Land Development, LLC a parcel of real estate to be used for the relocation of utility lines Sample Motion Move to approve Resolution No. 2012-15 and authorize the Clerk to file with the Register of Deeds a Warranty Deed conveying to the City from T&S Land Development, LLC a parcel of real estate to be used for the relocation of utility lines. Warranty Deed T & S LAND DEVELOPMENT, L.L.C.., a Nebraska limited liability company, hereinafter referred to as GRANTOR, in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, paid by the CITY OF GRAND ISLAND, a Nebraska Municipal Corporation, hereinafter referred to as GRANTEE, does hereby Grant and Convey unto the GRANTEE a certain tract of land together with all improvements thereon and all rights and appurtenances appertaining thereto, and all of the GRANTOR’S rights and interest in that land consisting of a part of the Southwest Quarter of the Southwest Quarter (SW ¼, SW ¼), Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), Grand Island, Hall County, Nebraska; being more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4), Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West; thence on an assumed bearing of N00°56’21”W along the Easterly line of the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) said Section Fourteen (14), a distance of One Thousand, One Hundred, Twenty-Two and Seventy-Two Hundredths (1,122.72) feet to the Actual Point of Beginning; thence N63°04’29”W, a distance of Three Hundred, Three and Ninety-Six Hundredths (303.96) feet; thence S26°41’29”W, a distance of Nine and Ninety-Four Hundredths (9.94) feet; thence N63°11’26”W, a distance of One Hundred, Forty-Seven and One Hundredth (147.01) feet to a point on the Northerly line of the Southwest Quarter of 2 the Southwest Quarter (SW 1/4, SW 1/4) said Section Fourteen (14); thence S89°31’50”W along the Northerly line of the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) said Section Fourteen (14), a distance of One Hundred, Forty-Six and Four Hundredths (146.04) feet; thence S61°16’54”E, a distance of Six Hundred, Thirty-Two and Thirty Hundredths (632.30) feet to a point on the Easterly line of the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) said Section Fourteen (14); thence N00°56’21”W along the Easterly line of the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) said Section Fourteen (14), a distance of One Hundred, Nine and Ninety-Six Hundredths (109.66) feet to the said Point of Beginning. This Deed is executed by GRANTOR and accepted by GRANTEE subject to validly existing and enforceable rights, interests, and estates. GRANTOR covenants with GRANTEE that GRANTOR has legal power and lawful authority to convey the land described above. To have and to hold the above described land together with all rights and appurtenances thereto unto GRANTEE, its legal representatives, successors, and assigns forever; and GRANTOR does hereby bind itself, its legal representatives, successors, and assigns to Warrant and forever defend all rights in the land described above conveyed unto the GRANTEE, its legal representatives, successors, and assigns, against every person and/or entity whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS OUR HANDS: T & S LAND DEVELOPMENT, L.L.C., GRANTOR By _________________________________ _______________________________ Title STATE OF NEBRASKA ) ) SS. 3 COUNTY OF HALL ) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2012 by _________________________. _______________________________ Notary Public Exi s t i n g E a s e m e n t Exi s t i n g E a s e m e n t Exi s t i n g E a s e m e n t 0´9 #557/'&$'#4+0) 5 ´ 9 5 ' 0 ´ 9 5´9 0 ´ 9 UTILITIES DEPARTMENT CITY OF (+.'ÄÄ &40$;2()5%#.' EXHIBIT "A" .')'0& 2412'46;61$'#%37+4'& Item E4 Public Hearing on Acquisition of Real Estate Located South of the BNSF Railroad Tracks between Bismark Road and Stuhr Road (Gary R. Jacobson, Lloyd B. & Carol J. Gunderson, Trustees o/b/o Jocar Living Trust) Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Robert Sivick City of Grand Island City Council Council Agenda Memo From: Robert J. Sivick, City Attorney Meeting: January 24, 2012 Subject: City Acquisition of Real Estate for Relocation of Utility Lines Due to BNSF Second Track Project Item #’s: E-4 & G-4 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, 2011 the City of Grand Island (City) was advised by the BNSF Railway (BNSF) it was 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. On January 10, 2012 the Grand Island City Council approved the conveyance of real estate owned by the City to BNSF to allow the completion of the second track project. Utility lines located on parcels conveyed to BNSF will have to be relocated. Discussion BNSF has negotiated with the Trustees of the Jocar Living Trust to grant the City an easement for the relocation of utility lines on real estate owned by this private property owner. In the course of negotiations, City staff was able to reach an agreement with the Trustees to convey the real estate to the City in fee simple rather than just granting an easeme nt. The cost to the City will remain at one dollar. This agreement benefits the Trust in that it will not have to pay property tax on real estate it is unable to develop. This agreement also benefits the City in that the City will own the real estate, control who enters the property, and avoid any future disputes about the terms and conditions of an easement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve. 2. Take no action on the issue. Recommendation City Administration recommends that the Council approve Resolution No. 2012-16 and authorize the Clerk to file with the Hall County Register of Deeds a Warranty Deed conveying to the City from the Jocar Living Trust a parcel of real estate to be used for the relocation of utility lines Sample Motion Move to approve Resolution No. 2012-16 and authorize the Clerk to file with the Register of Deeds a Warrant y Deed conveying to the City from the Jocar Living Trust a parcel of real estate to be used for the relocation of utility lines. Warranty Deed GARY R. JACOBSEN, LLOYD B. GUNDERSON, and CAROL J. GUNDERSON, not personally but as Co-Trustees on behalf of the JOCAR LIVING TRUST, hereinafter referred to as GRANTOR, in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, paid by the CITY OF GRAND ISLAND, a Nebraska Municipal Corporation, hereinafter referred to as GRANTEE, does hereby Grant and Convey unto the GRANTEE a certain tract of land together with all improvements thereon and all rights and appurtenances appertaining thereto, and all of the GRANTOR’S rights and interest in that land consisting of a part of Lot One (1) on the Mainland of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼), Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), Grand Island, Hall County, Nebraska; being more particularly described as follows: Commencing at the South Quarter Corner of Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West; thence on an assumed bearing of N00°50’10”W along the Westerly line of Lot One (1) on the Mainland of the Southwest Quarter of the Southeast Quarter (SW 1/4, SE 1/4) said Section Fourteen (14), a distance of Three Hundred, Sixty-Seven and Forty Hundredths (367.40) feet to the Actual Point of Beginning; thence continuing N00°50’10”W along the Westerly line of Lot One (1) on the Mainland of the Southwest Quarter of the Southeast Quarter (SW 1/4, SE 1/4) said Section Fourteen (14), a distance of Fifty-Nine and Eighty-Eight Hundredths (59.88) feet; thence S63°06’00”E, a distance of Nine Hundred, Sixty and 2 Eighteen Hundredths (960.18) feet to a point on the Northerly Right-of-Way line of Bismark Road; thence N87°17’30”W along the Northerly Right-of-Way line of said Bismark Road, a distance of One Hundred, Twenty-Nine and Thirty-Four Hundredths (129.34) feet; thence N63°06’00”W, a distance of Eight Hundred, Fourteen and Thirty-Three Hundredths (814.33) feet to the said Point of Beginning. This Deed is executed by GRANTOR and accepted by GRANTEE subject to validly existing and enforceable rights, interests, and estates. GRANTOR covenants with GRANTEE that GRANTOR has legal power and lawful authority to convey the land described above. To have and to hold the above described land together with all rights and appurtenances thereto unto GRANTEE, its legal representatives, successors, and assigns forever; and GRANTOR does hereby bind itself, its legal representatives, successors, and assigns to Warrant and forever defend all rights in the land described above conveyed unto the GRANTEE, its legal representatives, successors, and assigns, against every person and/or entity whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS OUR HANDS: JOCAR LIVING TRUST, GRANTOR By _________________________________ Gary R. Jacobson, Co-Trustee By _______________________________ Lloyd B. Gunderson, Co-Trustee By _______________________________ Carol J. Gunderson, Co-Trustee STATE OF NEBRASKA ) ) SS. 3 COUNTY OF HALL ) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2012 by Gary R. Jacobson. _______________________________ Notary Public STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2012 by Lloyd B. Gunderson. _______________________________ Notary Public ____________________ ) ) SS. ____________________ ) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2012 by Carol J. Gunderson. _______________________________ Notary Public or (Title) ACKNOWLEDGMENT AND CONSENT TO WARRANTY DEED 4 In consideration of the payment and terms as stated above, the undersigned being a duly authorized representative of Exchange Bank, the holder of a Deed of Trust recorded as Document 2011-09499 with the Hall County Register of Deeds, does hereby acknowledge and consent to the above Warranty Deed. EXCHANGE BANK By _______________________________ Title _______________________________ STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2012 by _________________________. _______________________________ Notary Public 0 9 #557/'&$'#4+0)09 5 '09UTILITIES DEPARTMENT CITY OF (+.'ÄÄ &40$;2()5%#.' EXHIBIT "A" .')'0& 2412'46;61$'#%37+4'& Item E5 Public Hearing on Acquisition of Public Utility Easement in Timberline Second Subdivision (HBCC Timberline, LLC) Tuesday, January 24, 2012 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: January 24, 2012 Subject: Public Hearing on Acquisition of Public Utility Easement in Timberline Second Subdivision (HBCC Timberline, LLC) Item #’s: E-5 & G-8 Presenter(s): John Collins, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public utility easement is needed in the Timberline Second Subdivision as a result of land impacts to the parent parcel caused by the Burlington Northern Santa Fe Railroad double track project through Grand Island. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Discussion To allow for the Burlington Northern Santa Fe Railroad double track project it is requested that the existing thirty (30) foot wide utility easement be vacated. The new easement will be thirty (30) foot wide and will simply be moved further north to accommodate the railroad project. The easement vacation request is being presented at tonight’s council meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Easement in Timberline Second Subdivision. Sample Motion Move to approve the acquisition of the utility easement in Timberline Second Subdivision. - 1 - PUBLIC UTILITIES EASEMENT HBCC TIMBERLINE, LLC, a Nebraska Limited Liability Company, herein called the Grantor, in consideration of ONE DOLLAR ($1.00) and other consideration, receipt of which is hereby acknowledged, hereby grants and conveys unto the CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation in Hall County, State of Nebraska, herein called the Grantee, a permanent and perpetual easement and right-of-way to construct, operate, maintain, extend, repair, replace, and remove public utilities, including but not limited to, sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, surface markers, and other appurtenances, upon, over, along, across, in, underneath and through a tract of land located in Lot Six (6), Timberline 2nd Subdivision of the City of Grand Island, Nebraska, more particularly described as follows: • THIS SPACE RESERVED FOR REGISTER OF DEEDS • - 2 - COMMENCING AT THE SOUTHWEST CORNER OF LOT SIX (6), TIMBERLINE 2ND SUBDIVISION; THENCE NORTH 02°24’50” WEST A DISTANCE OF 84.39 FEET; THENCE SOUTH 74°59’10” EAST A DISTANCE OF 31.43 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 74°59’10” EAST A DISTANCE OF 901.99 FEET; THENCE SOUTH 89°04’30” WEST A DISTANCE OF 109.24 FEET; THENCE NORTH 74°59’10” WEST A DISTANCE OF 787.54 FEET; THENCE NORTH 02°24’50” WEST A DISTANCE OF 31.44 FEET TO THE POINT OF BEGINNING. together with the following rights, namely, unrestricted ingress and egress under, over, and across such land for the purpose of exercising the rights herein granted, to excavate and refill ditches and trenches, and the right to clear and keep clear of trees, roots, brush, hedges, undergrowth, and other obstructions from the surface of such tracts interfering with the location, construction, inspection, repair, replacement, removal, and maintenance of such utilities. Any such utilities and appurtenances placed upon, over, and under such tracts of land shall remain the property of the Grantee and may be removed or replaced at any time. The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby covenant that no buildings, fences, or structures shall be erected or permitted on said tract and that the easement herein granted shall run with the title to such tract of land and be binding upon the Grantors, their successors and assigns. DATED: ________________, 2012 GRANTOR: HBCC TIMBERLINE, LLC A Nebraska Limited Liability Company BY_____________________________________ Kerry McGrath, President - 3 - STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On this day of ________________, 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared KERRY MCGRATH, PRESIDENT, to me known to be the identical person who signed the foregoing Public Utilities Easement and acknowledges the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and Notarial Seal the date above written. _______________________________________ Notary Public Item E6 Public Hearing on Acquisition of Utility Easement - 4030 East Highway 30 - Stahla Tuesday, January 24, 2012 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: January 24, 2012 Subject: Acquisition of Utility Easement – 4030 East Highway 30 Robert and Julie Stahla Item #’s: E-6 & 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 Robert and Julie Stahla, located on the northeast of the building located at 4030 East Highway 30, in Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The Stahla’s are developing an existing building and property into a trailer sales and service business at this location. Discussion This easement will be used to install underground conduit, high voltage cable and a pad- mounted transformer to supply three phase electricity to the new business. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item F1 #9358 - Consideration of Vacation of a Utility Easement Located in Timberline Second Subdivision (HBCC Timberline LLC) Tuesday, January 24, 2012 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: January 24, 2012 Subject: Consideration of Vacation of a Utility Easement Located in Timberline Second Subdivision (HBCC Timberline LLC) Item #’s: F-1 Presenter(s): John Collins, Public Works Director Background A thirty (30) foot wide utility easement was filed with Hall County on June 2, 2004, as Instrument No. 200405478. There are no conflicts with utilities. Discussion The Burlington Northern Santa Fe Railroad is requesting (through the property owner) to vacate this thirty (30) foot wide utility easement and relocate it further north, in connection with the double railroad track project. The planned easement relocation is being presented at tonight’s council meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the passing of an ordinance vacating the utility easement in Timberline Second Subdivision. Sample Motion Move to approve the passing of an ordinance vacating the utility easement in Timberline Second Subdivision. Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9358 An ordinance to vacate an existing utility easement and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing utilities easement located in a tract of land located in Lot Six (6) of Timberline Second Subdivision, more particularly described as follows: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6, TIMBERLINE SECOND SUBDIVISION; THENCE NORTH 02°24’50” WEST A DISTANCE OF 52.95 FEET; THENCE SOUTH 74°59’10” EAST A DISTANCE OF 31.44 FEET; THENCE SOUTH 02°24’50” EAST A DISTANCE OF 21.47 FEET; THENCE SOUTH 75°01’30” EAST A DISTANCE OF 711.02 FEET; THENCE NORTH 89°04’30” EAST A DISTANCE OF 72.85 FEET; THENCE SOUTH 74°59’10” EAST A DISTANCE OF 109.25 FEET; THENCE SOUTH 89°04’30” WEST A DISTANCE OF 182.08 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE BNSF RAILROAD; THENCE NORTH 75°01’30” WEST ALONG SAID RIGHT OF WAY A DISTANCE OF 737.25 FEET TO THE POINT OF BEGINNING. is hereby vacated. Such easement to be vacated is shown and more particularly described on Exhibit A attached hereto. ORDINANCE NO. 9358 (Cont.) - 2 - SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 24, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9359 - Consideration of Vacation of Thorn Street West's Subdivision (Personal Automotive Services, Inc.) Tuesday, January 24, 2012 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: January 24, 2012 Subject: Consideration of Vacation of Thorn Street West's Subdivision (Personal Automotive Services, Inc.) Item #’s: F-2 Presenter(s): John Collins, Public Works Director Background Council action is required for vacation of a public street. Discussion Personal Automotive Services, Inc. is requesting to vacate Thorn Street to be used for parking, storage and placement of a business sign. There are no utility or building concerns with this requested vacation, and the City has no intended use for the street right of way. This is not a through street and will eliminate the City's liability issues involved by vacating this public street. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve or deny. 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommend that the Council approve the request for the vacation of Thorn Street. Sample Motion Move to approve the Ordinance. Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney ORDINANCE NO. 9359 An ordinance to vacate a portion of the public street between Waldo Avenue and Grace Avenue, north of the Union Pacific Railroad Right-of-Way, in West’s Second Subdivision to Grand Island, Hall County, Nebraska and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of the public street consisting of a tract of land comprising that portion of Thorn Street lying east of Waldo Street and west of Grace Street, directly north of the Union Pacific Railroad Right-of-Way, West’s Second Subdivision is hereby vacated and more particularly described as follows: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2, WEST’S SECOND SUBDIVISION, THENCE EASTERLY ON THE SOUTH LINE OF LOT 2 WEST’S SECOND SUBDIVISION FOR A DISTANCE OF 105.05’, THENCE NORTHEASTERLY ON THE NORTH LINE OF THORN STREET TO THE WEST LINE OF GRACE AVENUE, THENCE SOUTHERLY ON AN EXTENSION OF THE WEST LINE OF GRACE AVENUE TO THE • THIS SPACE RESERVED FOR REGISTER OF DEEDS • ORDINANCE NO. 9359 (Cont.) - 2 - NORTH LIN E OF THE UNION PACIFIC RAILROAD RIGHT OF WAY, ALSO BEING THE SOUTH LINE OF THORN STREET, THENCE SOUTHWESTERLY ON THE SOUTH LINE OF THORN STREET FOR A DISTANCE OF 240.07’, THENCE WESTERLY ON A LINE PERPENDICULAR TO AN EXTENSION OF THE EAST LINE OF WALDO AVE TO THE EAST LINE OF AN EXTENSION OF THE EAST LINE OF WALDO AVE, THENCE NORTHERLY ON SAID LINE FOR A DISTANCE OF 106’ TO THE POINT OF BEGINNING. 20,478.5 SQUARE FEET. Such public street to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this Ordinance shall revert to the abutting properties. SECTION 3. This Ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 24, 2012 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9360 - Consideration of Vacation of a Utility Easement Located in Platte Valley Industrial Park Third Subdivision (4201 Gold Core Drive - Royce and Janice Carville) Tuesday, January 24, 2012 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: January 24, 2012 Subject: Consideration of Vacation of a Utility Easement Located in Platte Valley Industrial Park Third Subdivision (4201 Gold Core Drive - Royce and Janice Carville) Item #’s: F-3 Presenter(s): John Collins, Public Works Director Background A fifty-five (55) foot wide utility easement was filed with Hall County on March 26, 2001, as Instrument No. 200102429. The re are no conflicts with utilities. Discussion The property owner of 4201 Gold Core Drive, in Platte Valley Industrial Park Third Subdivision, has requested that the fifty-five (55) foot wide utility easement be vacated to allow for future building expansion and detention pond for the FedEx property at this location. 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 passing of an ordinance vacating the utility easement in Platte Valley Industrial Park Third Subdivision. Sample Motion Move to approve the passing of an ordinance vacating the utility easement in Platte Valley Industrial Park Third Subdivision. Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9360 An ordinance to vacate an existing utility easement and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing utilities easement located in part of Lots 2 and 3, Platte Valley Industrial Park Third Subdivision, an addition in the City of Grand Island, located in the Northwest Quarter of Section 5, Township 10 North, Range 9 West of the 6th P.M., Hall County, Nebraska being more particularly described as follows: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2 OR THE NORTHWEST CORNER OF LOT 3, BOTH LOCATED IN PLATTE VALLEY INDUSTRIAL PARK THIRD SUBDIVISION, AN ADDITION IN THE CITY OF GRAND ISLAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, THENCE N00°00’03”E, ON THE WEST LINE OF SAID LOT 2 AND THE EAST RIGHT OF WAY OF GOLD CORE DRIVE, A DISTANCE OF 27.50 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 2 AND THE EAST RIGHT OF WAY OF GOLD CORE DRIVE; THENCE S87°59’21”E, A DISTANCE OF 419.85 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE S00°02’32”W, AND ON THE EAST LINE OF SAID LOT 2, A DISTANCE OF 27.50 FEET, TO THE SOUTHEAST CORNER OF SAID LOT 2 AND THE NORTHEAST CORNER OF SAID LOT ORDINANCE NO. 9360 (Cont.) - 2 - 3; THENCE CONTINUING ON THE LAST DESCRIBED COURSE, S00°02’32”W, AND ON THE EAST LINE OF SAID LOT 3, A DISTANCE OF 27.50 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 3; THENCE N87°59’21”W, A DISTANCE OF 419.81 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3 AND THE EAST RIGHT OF WAY OF SAID GOLD CORE DRIVE; THENCE N00°00’12”W, ON THE WEST LINE OF SAID LOT 3 AND THE EAST RIGHT OF WAY OF SAID GOLD CORE DRIVE, A DISTANCE OF 27.50 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 23,077.15 SQUARE FEET OR 0.53 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. is hereby vacated. Such easement to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 24, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of January 10, 2012 City Council Regular Meeting Tuesday, January 24, 2012 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 January 10, 2012 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 January 10, 2012. Notice of the meeting was given in The Grand Island Independent on January 4, 2012. 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, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember Kirk Ramsey was absent. 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 Paul Hofrichter, Evangelical Free Church, 2609 South Blaine Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Dillon Spies and Miranda Wieczorek and Board member Roy Swan. City Administrator Mary Lou Brown mentioned that the construction on the Quiet Zone would be completed in March or April with train horns to be implemented in May 2012. Elm Street would close permanently on January 16, 2012. Clarified was the annual employee recognition lunch held in December as allowed by City Code. Public Works Director John Collins answered questions from the last Study Session concerning the Fleet Services and transfer of funds. $131,000 was transferred to the Fleet services as follows: employee payouts $85,500 and 2011 operating shortfall $45,500. Three positions were reduced and replaced with 1.5 employees with a savings of $141,000. Mayor Vavricek mentioned the passing of Senator Dennis Utter, Chuck Bosselman, and Bud Jefferies. PRESENTATIONS AND PROCLAMATIONS: Recognition of Milton Loeb, Senior Engineering Technician with the Public Works Department for 40 Years of Service with the City of Grand Island. Mayor Vavricek and the City Council recognized Milton Loeb, Senior Engineering Technician with the Public Works Department for 40 years of service with the City of Grand Island. Mr. Loeb was present for the recognition. Presentation on Street Improvement District No. 1256 – Capital Avenue Widening; Moores Creek Drain to Webb Road Assessment Methods. Public Works Director John Collins reviewed with the Council the process of setting assessments for Street Improvement District No. 1256. A Special Assessment Manuel was last modified on January 5, 1967. Reviewed was the timeline for Street Improvement District No. 1256. Page 2, City Council Regular Meeting, January 10, 2012 Matt Rief, representing Olsson Associates explained the assessment process. Assessments on Capital Avenue widening project was for 41’ of pavement which did not include sidewalks, sod replacement, or right-of-way costs. Almost 80% of this project was paid for by Federal dollars. Total assessments for the project were $732,831.97 with $129,090.95 to be assessed to the City. The following people spoke regarding this item: · Curtis Cellar, 4220 Shanna Street spoke in opposition · Jeff Vinson, 3010 Gladstone Circle spoke in opposition Discussion was held concerning the set back distance of Curtis Cellar’s property. Mr. Cellar responded it was 236’. The Policy required a 300’ set back distance for assessments. Interim Finance Director Jaye Monter explained the assessment of public property would be transferred from the Enterprise Fund to the Special Assessment Revenue Fund. Questions were asked about the assessment processes of other communities. Mr. Rief stated every community does it a little different. City Attorney Robert Sivick explained the state statutes regarding assessments. Mr. Collins stated the policies used by the Public Works Department were created 30 to 40 years ago and needed to be updated. PUBLIC HEARINGS: Public Hearing on Request from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class “I” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “I” Liquor License had been received from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on December 14, 2011; notice to the general public of date, time, and place of hearing published on December 31, 2011; notice to the applicant of date, time, and place of hearing mailed on December 14, 2011; along with Chapter 4 of the City Code. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 3323 West Airport Road (Luke A. Olson). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3323 West Airport Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers fo r the purpose of placing underground conduit, high voltage cable and a pad-mounted transformer to provide electrical service to a new business. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1819 East 7th Street (D.J. Eihusen, POA for Robert Eihusen). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 1819 East 7th 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 underground conduit, high voltage power cable, and a pad-mounted transformer to provide electrical power to the new business opened by Global Industries. Staff recommended approval. No public testimony was heard. Page 3, City Council Regular Meeting, January 10, 2012 ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9349 – Consideration of Amend ing Previously Adopted Ordinance No. 9349 Relating to Chapter 36-69 of the Grand Island City Code Regarding Campgrounds #9356 – Consideration of Conveyance of City Property and Temporary Construction Easements to Burlington Northern Santa Fe Railroad for Double Track Project #9357 – Consideration of Amending Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Niemann second the motion. Upon roll call vote, all voted aye. Motion adopted. Regional Planning Director Chad Nabity reported that amending Ordinance #9349 would clarify the wording passed at the December 20, 2011 meeting. Chapter 36-69 Section 2 b) if approved would read: A minimum of one toilet and one lavatory shall be provided for each sex up to the first 25 sites. An additional toilet and lavatory for each sex shall be provided for each additional 25 sites or fraction thereof not provided with sewer connections. Utilities Director Tim Luchsinger reported that Ordinance #9356 would convey six parcels of real estate to BNSF for the Double Track Project. Also included were temporary construction easements for the parcels. Human Resources Director Brenda Sutherland reported that Ordinance #9357 would reclassify the Community Development Administrator position as non-exempt and three Assistant Utility Directors positions would be have title/classification changes. Motion by Dugan, second by Donaldson to approve Ordinances #9349, #9356 and #9357. City Clerk: Ordinances #9349, #9356 and #9357 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9349, #9356 and #9357 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9349, #9356 and #9357 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-7 and G-13 were pulled for further discussion. Motion by Donaldson, second by Carney to approve the Consent Agenda excluding items G-7 and G-13. Upon roll call vote, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, January 10, 2012 Approving Minutes of December 20, 2011 City Council Regular Meeting. Approving Minutes of December 27, 2011 City Council Special Meeting. #2012-1 – Approving Bid Award for Distributed Control System Console Upgrade at Platte Generating Station with ABB, Inc. of Wickliffe, Ohio in an Amount of $197,843.50. #2012-2 – Approving Acquisition of Utility Easement Located at 3323 West Airport Road (Luke A. Olson). #2012-3 – Approving Acquisition of Utility Easement Located at 1819 East 7th Street (D.J. Eihusen, POA for Robert Eihusen). #2012-4 – Approving Bid Award for 2012 Truck – Complete Unit with Telescopic Aerial Platform & Chassis for the Utilities Department, Line Division with Drake Scruggs Equipment, inc. of Springfield, Illinois in an Amount of $104,759.40. #2012-6 – Approving Bid Award for One (1) 2012 Model 90,000 GVW Conventional Truck- Tractor for the Solid Waste Division with Nebraska Truck Center of Grand Island, Nebraska in an Amount of $68,618.00. #2012-7 – Approving Revised Contract Amount to Resolution #2011-357 (Bid Award to Midlands Contracting, Inc.) for Lift Station No. 7 Repairs; Project No. 2011-S-1 for a Revised Contract Amount of $312,728.67. #2012-8 – Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2011. #2012-9 – Approving Designating Local Public Agency Official Responsible for Setting Just Compensation for Tracts Acquired for Federal Transportation Aid Projects. #2012-10 – Approving Change Order No. 1 for Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No. 2008-D-2 with Midlands Contracting, inc. of Kearney, Nebraska for an increase of $43,560.00 and a Revised Contract Amount of $210,365.00. #2012-5 – Approving Contract for Installation & Purchase of 911 C”PE System with Platte Valley Communications of Grand Island, Nebraska in an Amount of $168,835.00. Emergency Management Deputy Director Larry Smith reported that this contract would replace the current 911 telephone system. Motion by Gilbert, second by Haase to approve Resolution #2012-5. Discussion was held regarding the number of phone stations. Mr. Smith stated 4 stations were fully functional with 2 to 4 used on any given day. The original bid was for 5 stations. Motion by Gilbert, second by Gericke to refer this item to the January 24, 2012 meeting. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, January 10, 2012 #2012-11 – Approving Amendment to the Fee Schedule Relative to HPSP and Jackrabbit Run Golf Course. Parks & Recreation Director Steve Paustian reported this was a request to modify the existing fee schedule for the Heartland Public Shooting Park and Jackrabbit Run Golf Course. Discussion was held regarding the dollar impact at HPSP with the fee changes. Mr. Paustian stated it would be approximately $10,000 which would cover the costs of the clay targets. Motion by Carney, second by Gilbert to approve Resolution #2012-11. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2012-12 – Consideration of Request from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class “I” Liquor License and Liquor Manager Designation for Qi Qin Huang, 1206 Cedar Ridge Court, Apt. 101. This item related to the aforementioned Public Hearing. Motion by Haase, second by Gard to approve Resolution #2012-12 contingent upon completion of a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2012-13 – Consideration of Intent to Annex Area 8b (Rainbow Lake Area). Regional Planning Director Chad Nabity reported that at the March 22, 2011 City Council meeting a resolution was passed that directed the planning department to proceed with preparing annexation plans. Eight areas were identified and Council had acted on 6 of the 8 areas. Annexation area 8b (Rainbow Lake) was completed and considered by the Regional Planning Commission. To precede with this annexation the City Council would need to pass a resolution stating their intent to annex, approve annexation plans and set public hearings for comment on the annexation before council. The Public Hearing date was recommended for February 14, 2012. Virgil Harden representing Grand Island Public Schools spoke in support. Discussion was held concerning the amount of property taxes that would be received from this area. Mr. Nabity stated there were 52 parcels and 46 houses which would bring in approximately $28,000 of property taxes. Motion by Carney, second by Gard to approve Resolution #2012-13. Upon roll call vote, all voted aye. Motion adopted. Council Recessed at 8:45 p.m. and reconvened at 8:50 p.m. #2012-14 – Consideration of Structured Solutions Petition to Extend Contract. City Administrator Mary Lou Brown reported that on December 15, 2009, the City Council approved an Economic Development Agreement with Structured Solutions, Inc. for a $600,000.00 forgivable loan to assist in setting up a business in Grand Island to provide loan management services to lenders. The agreement provided for Structured Solutions to create 200 new jobs by 2014 and have 50 employees in Grand Island by December 31, 2011. As of December 31, 2011 Page 6, City Council Regular Meeting, January 10, 2012 Structured Solutions had not met the hiring of 50 employees and were in default of the agreement. On December 27, 2011 Robert Yuan of Structured Solutions contacted the Grand Island Area Economic Development Corporation and requested a seven month extension. Mr. Yuan offered 10% of Structured Solutions stock as collateral in exchange for the extension. Marlan Ferguson, President of Economic Development Corporation stated Structured Solutions was the first company who had not met the terms of the agreement. Stated was that EDC had been working diligently with Structured Solutions to meet those requirements. City Attorney Bob Sivick reviewed the terms of the agreement between the City, Structured Solutions, and EDC. The agreement provided for 50 employees to be hired by December 31, 2011, 150 employees by December 31, 2012, and 50 employees by December 31, 2013 for a total of 200 employees. After each benchmark was met $200,000 would be forgiven. Robert Juan, CEO of Structured Solutions stated the company was in default of the loan which was caused by unexpected litigation. They were days away from a major capital raise when the filing took place. Mr. Juan requested the City grant Structured Solutions an extension to the agreement deadlines by 12 months and would repay the City $200,000 plus 8% interest in quarterly payments of $50,000 each. Motion by Carney to approve Resolution #2012-14 (A). Motion died due to lack of a second. Motion by Dugan to approve Resolution #2012-14 (B). Motion died due to lack of a second. Motion by Nickerson, second by Gilbert to accept the proposed modification as presented by Mr. Yuan to extend the agreement deadlines by 12 months and repayment to the City of $200,000 plus 8% interest due on or prior to year end 2012 in quarterly payments of $50,000. Discussion was held regarding litigation of the parent company. Denise McGovern with EDC clarified questions regarding the application dates. Questioned was why this request was not brought forward earlier. Mr. Yuan stated they were unfamiliar with the process. Mr. Yuan was asked questions regarding financial positions, cash balance sheets and assets. He stated the cash balance sheet and assets were low. Mr. Yuan did not answer questions concerning the current cash balance in an open forum, but would give the information to the Council in a closed session. Mayor asked Mr. Yuan questions regarding repayment of the loan. Mr. Yuan stated he was fairly confident they could repay the loan, but he would have to talk with his investors. Also mentioned was the lack of communication with Mr. Yuan throughout this process. Mr. Ferguson explained the request received today was for a 12 month repayment of $200,000 plus 8% interest payable in quarterly payments of $50,000 starting March 31, 2012. Don Dunn, Attorney for EDC clarified the proposal from Structured Solutions. Discussion was held regarding coming up with the $200,000 right away. Mr. Yuan stated it would be harder to come up with the $200,000 right now than $50,000 in four quarterly payments. Page 7, City Council Regular Meeting, January 10, 2012 Tom Gdowski, EDC Treasurer commented on the EDC board’s discussions regarding repayment of the loan. The board considered the better of the two options which they felt was approving the modification of the contract. Motion by Carney to amend the main motion of the contract to 3 months extension with a payment due at that time. Motion died due to lack of a second. Mr. Yuan exp lained the hiring process, boot camps, filtering process and help from Work Force Development and Central Community College. Currently 6 employees were working for Structured Solutions. Discussed was the amount due to the City because of the default of the loan. Mr. Dunn stated $200,000 was due to the City at this time. Mr. Sivick stated in his opinion the contract was in default and the amount owed was the full $600,000. Comments were made regarding the future of the LB 840 program and the upcoming vote to continue the program. Upon roll call vote to accept the proposed modification as presented by Mr. Yuan to extend the agreement deadlines by 12 months and repayment to the City of $200,000 plus 8% interest due on or prior to year end 2012 in quarterly payments of $50,000, Councilmember’s Carney, Gilbert, Nickerson, Dugan and Gericke voted aye. Councilmember’s Haase, Niemann, Donaldson and Gard voted no. Mayor Vavricek voted no. Motion failed. Motion by Dugan, second by Haase to approve Resolution #2012-14 (B) to enforce the existing contract. Upon roll call vote, Councilmember’s Haase, Carney, Niemann, Donaldson, Dugan, and Gard voted aye. Councilmember’s Gilbert, Nickerson, and Gericke voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Gard to approve the Claims for the period of December 28, 2011 through January 10, 2012, for a total amount of $2,653,236.93. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 11:55 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of January 17, 2012 City Council Study Session Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION January 17, 2012 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on January 17, 2012. Notice of the meeting was given in the Grand Island Independent on January 11, 2012. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember’s Chuck Haase and Larry Carney were 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 Anna Jean Scarborough followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Counc il members Anna Jean Scarborough and Juan Palma. OTHER ITEMS: Update Concerning Lincoln Park Pool. Parks & Recreation Director Steve Paustian reported that Council had authorized the rehabilitation/replacement of Lincoln Park swimming pool during the 2011-12 budget process. The original cost to renovate the existing pool was $1,421,000 and a new pool was $2,371,000 as provided by a study from Olsson Associates. Requests for Qualifications were issued and JEO Consulting was hired to develop the plans and specification for the rehabilitation/replacement of the Lincoln Park pool. It was JEO Consulting opinion that rehabilitation of the Lincoln Park pool would cost $1,346,500 and a new pool could be constructed for an estimated cost of $1,550,000. Mr. Paustian stated new construction could provide several benefits over rehabilitation. The existing pool could operate this summer and allow for new pool construction during the same time thereby eliminating winter construction which typically was more expensive and less efficient. The new pool would be ready for the 2013 swim season. It would also allow the 3 meter diving board which would not be allowed by the NE State Health Department regulations if the current pool was rehabilitated. Locating the new pool west of the existing pool would allow for the incorporation of the existing wading pool and picnic shelter into the new facility as well. Based on $200,000 annual income from the CRA tax levy and 4% debt service the City could retire the cost of $1,400,000 in 7.3 years or the $1,550,000 cost in 8 years. Page 2, City Council Study Session, January 17, 2012 Comments were made concerning the variance in cost from the two studies. Mr. Paustian stated construction costs had gone down instead of up in the last few years. Olsson’s analysis was geared toward rehabilitation and estimated it on the high side. Also Olsson did not have a detailed plan of the new construction. Adequate parking, size of a new pool, and high diving board were mentioned as a plus. Mr. Paustian explained the demolition of the old pool should be less than $10,000. The estimate of $1,550,000 was derived from a similar pool constructed at Exeter, NE. City Administrator Mary Lou Brown stated this item would come before Council at the January 24, 2012 Council meeting. Discussion Concerning Wastewater Treatment Plant Options. City Administrator Mary Lou Brown answered the question of “Why we are having this community discussion?” Mentioned was that she liked to ask lots of questions and part of the City Administrator’s job was to bring policy decisions. Public Works Director John Collins reported that at the November 15, 2011 Study Session city staff, along with staff from Veolia Water presented information on the negotiated contract between the two for the possibility of contracting management of the Wastewater Treatment Plant (WWTP). At that time Council wanted more time to study the issue. Mr. Collins stated the goal was to meet the treatment requirements and citizen’s expectation in the most efficient cost effective manner. There were three choices before the City Council: A. Continue as we have historically (i.e. Do nothing different) B. Contract Operations C. Initiate an alternate improvement plan Reviewed were the following rate increases: · 4 scheduled 9% rate increases approved by Council; which equate to a more than 40% increase. · $44 million rehabilitation initiative. · Revised estimates are higher than those of the rate study. Example: Headwork o Rate study estimate: $9.22 million o Current estimate: $13.3 to $15 million The following effects to rate payers were presented: · Typical Medium Residential Monthly Fee Rises from $20.00 to $27.21 (Table 20 of Rate Study) · Median Income Per Capita: $17,071/y or around $6.50/h take home (Wikipedia) · Average rate payer works 3 hours per month to pay for sanitary service and will work more than an hour more each month to pay for the scheduled increases. Mr. Collins stated the condition of equipment and historical cost indicated that the decision process did not work consistently and they were not performing as well as they should. Waste Page 3, City Council Study Session, January 17, 2012 was effectively treated but it cost more. Improving decisions may reduce the rate of increase in fees. Presented were the Potential Results of Contracting Operations: · Optimize plant operations by utilizing expertise gained through years of operating dozens or even hundreds of these facilities · Reduce our operating costs · Reduce long term costs by guiding our choices during the $44 million repair program · Continued odor reduction by optimizing operation Local Control and Ownership for all options were: · City retains ownership of plant and all assets · City Council retains authority to set rates · City Council approves all capital Improvements · Public Works continues to provide operational oversight and accountability Presented was the history of the WWTP starting in July 2011 through the present. Discussion was held concerning the selection criteria of the Request for Qualifications. Mr. Collins explained the three options as follows: Option A. – Do Nothing · Default action · Increasing rates are planned as approved by Council · No change in risk · Asset condition will continue to vary · Public Works will continue to address efficiency and customer concerns Option B. – Contract Operations · Better recommendations to Council for decisions · Contract to deliver plant performance · Use of technical expertise from other facilities · Reduced supplier costs with quantity discounts · Known operational costs with fewer and smaller year over year spikes Plant staff would retain their current pay, receive more and better training, and have more and better opportunities. What does not change would be: infrastructure rehabilitation; rehabilitation estimates were higher than rate study’s estimates; scheduled rate increases; ownership, rate setting; and Capital expenditures implemented. Discussion was held concerning rate increases. Mr. Collins stated there may be rate increases within the next 2 to 4 years besides the scheduled rate increases already set. Ms. Brown stated the rate increase currently set was based on the estimates presented. Once Council decided whether or not to contract the WWTP an agreement could be negotiated. It was mentioned that Page 4, City Council Study Session, January 17, 2012 Capital infrastructure was driving the 9% rate increases over the next 4 years and decreased revenue from JBS. A Citizens’ Contract Compliance Committee would meet to ensure contract compliance and provide for accountability to the community. The committee members would include representatives from the community, council and City staff. Option C. – Internal Improvement Effort · Cannot copy Veolia, but can develop an automation/efficiency plan · Range of options, costs and time · Administered by Public Works Mr. Collins reviewed Asset Management; Monitoring and Automation; Process Review (Treatment); Procurement Review; Technical Skills; and Staff Utilization and Process Review (Activities) relating to internal improvement efforts. Mr. Collins answered questions concerning the current asset management system in place at the WWTP. Comparisons were made with the Lincoln Wastewater Treatment Plants. Mr. Collins commented on the estimated incremental rate payer cost or savings for each option. · A. Do nothing: $0 · B. Contract Operations: $500,000 annual savings · C. Internal plan: Based on the Lincoln case study, cost $40 million over 10 years Council recessed at 9:15 p.m. and reconvened at 9:20 p.m. Interim Finance Director Jaye Monter answered a question concerning consulting fees $110,000,000 over the last two years. The last five years was 3.9 million in consulting fees. Ms. Brown commented on union employees going on strike. Companies had work stoppage programs in place. The following WWTP employees spoke in opposition of contracting management of the WWTP to Veolia Water: · Doug Whitt, 690 5th Road · Dave delaMotte, 623 Meves Avenue · Brad Green, 1114 Hall Court · Gary Christensen, 4242 Shanna Street · Ed Smith, 2624 West 1st Street · John Henderson, 1068 Hwy 281, St. Paul, NE · John Rundle, 4306 Lariet Lane Comments were made concerning a philosophical change, being proactive instead of reactive, having experts in place, and starting now to do better. Consulting fees over the last 5 years were mentioned with a large part for the odor issues. Mentioned was what the citizen’s of Grand Island wanted. Phones calls to City Councilmember’s were not in favor of contracting with Veolia Water. Page 5, City Council Study Session, January 17, 2012 Support from the Council was given to the WWTP employees. Mentioned was that the success of the employees came from management. Recommended was that a committee be created with whichever option was approved. It was recommended by Council that at the January 24, 2012 Council meeting a Resolution be brought forward regarding this issue. ADJOURNMENT: The meeting was adjourned at 10:46 p.m. RaNae Edwards City Clerk Item G3 #2012-15 - Approving Acquisition of Real Estate Located South of the BNSF Railroad Tracks between Bismark Road and Stuhr Road (T & S Land Development, LLC) This item relates to the aforementioned Public Hearing item E-3. Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Robert Sivick City of Grand Island City Council Approved as to Form ¤ ___________ January 20, 2012 ¤ City Attorney R E S O L U T I O N 2012-15 WHEREAS, Neb. Rev. Stat. §19-709 authorizes the City of Grand Island to purchase private property for public use; and WHEREAS, the City of Grand Island needs to acquire certain real estate for the relocation of its utility lines as a result of the previous conveyance of City property to BNSF Railway pursuant to Ordinance No. 9536; and WHEREAS, a public hearing was held on January 24, 2012 for the purpose of discussing the City’s proposed acquisition of real property legally described as part of the Southwest Quarter of the Southwest Quarter (SW ¼. SW ¼), Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), Grand Island, Hall County, Nebraska from the T&S Land Development, LLC; and WHEREAS, the City and T&S Land Development, LLC have negotiated a purchase price of One Dollar ($1.00) for the above described real estate; and WHEREAS, a Warranty Deed has been prepared by the City Attorney and signed by the duly authorized representative of T&S Land Development, LLC and is ready to filed with the Hall County Register of Deeds upon Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Clerk is hereby authorized to file with the Hall County Register of Deeds a Warranty Deed conveying to the City from T&S Land Development, LLC the parcel of real estate described above to be used for the relocation of City utility lines. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2012-16 - Approving Acquisition of Real Estate Located South of the BNSF Railroad Tracks between Bismark Road and Stuhr Road (Gary R. Jacobson, Lloyd B. & Carol J. Gunderson, Trustees o/b/o Jocar Living Trust) This item relates to the aforementioned Public Hearing item E-4. Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Robert Sivick City of Grand Island City Council Approved as to Form ¤ ___________ January 20, 2012 ¤ City Attorney R E S O L U T I O N 2012-16 WHEREAS, Neb. Rev. Stat. §19-709 authorizes the City of Grand Island to purchase private property for public use; and WHEREAS, the City of Grand Island needs to acquire certain real estate for the relocation of its utility lines as a result of the previous conveyance of City property to BNSF Railway pursuant to Ordinance No. 9536; and WHEREAS, a public hearing was held on January 24, 2012 for the purpose of discussing the City’s proposed acquisition of real property legally described as Lot One (1) on the Mainland of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼), Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), Grand Island, Hall County, Nebraska from the Jocar Living Trust; and WHEREAS, the City and the Jocar Living Trust have negotiated a purchase price of One Dollar ($1.00) for the above described real estate; and WHEREAS, a Warranty Deed has been prepared by the City Attorney and signed by the Trustees of the Jocar Living Trust and is ready to filed with the Hall County Register of Deeds upon Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Clerk is hereby authorized to file with the Hall County Register of Deeds a Warranty Deed conveying to the City from the Jocar Living Trust the parcel of real estate described above to be used for the relocation of City utility lines. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2012-17 - Approving Acquisition of Utility Easement - 4030 East Highway 30 - Stahla This item relates to the aforementioned Public Hearing item E-6. Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney R E S O L U T I O N 2012-17 WHEREAS, a public utility easement is required by the City of Grand Island, from Robert and Julie Stahla, 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 January 24, 2012, for the purpose of discussing the proposed acquisition of a 10’ wide easement west of the following described line, located in, Hall County, Nebraska; and more particularly described as follows: Commencing at the northeast corner of Lot One (1), Rief-Standeven Subdivision, located in Hall County, Nebraska; thence southwesterly along the northerly line of said Lot One (1), a distance of eleven (11.0) feet to the ACTUAL Point of Beginning; thence southeasterly and ten (10.0) feet parallel with the easterly line of said Lot One (1), a distance of one hundred thirty two and seventy seven hundredths (132.77) feet; thence southwesterly, perpendicular to the easterly line of said Lot One (1), a distance of one hundred twenty two (122.0) feet to the point of termination. The above-described easement and right-of-way containing a total of 0.12 acres, more or less, as shown on the plat dated 1/10 /2012, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Robert and Julie Stahla, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2012-18 - Approving State Bid Contract for (4) Four Police Vehicles Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steve Lamken, Police Chief Meeting: January 24, 2012 Subject: Purchase of Police Vehicles Item #’s: G-6 Presenter(s): Steve Lamken, Police Chief Background The police department proposes the purchase of four (4) full size police sedans – Ford Police Interceptor. Anderson Ford was awarded a state bid for this vehicle under state contract 13110 OC and may be ordered through Anderson Ford, Grand Island. The bid price with applicable options is $26,524.00 per vehicle for a total cost of $106,096.00. Discussion Ford has discontinued the Crown Victoria as a full size police vehicle. The 2012 police interceptor from Ford is front wheel drive or an all-wheel drive option. Although we have no experience with this vehicle package, we believe the all-wheel drive offers a performance benefit to meet our driving conditions. The cost of this purchase is within our approved 2012 budget. 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 purchase of four (4) 2012 Ford Police Interceptor’s from Anderson Ford, Grand Island in the amount of $106,096.00 Sample Motion Move to approve the purchase of four (4) Ford Police Interceptor’s at a cost of $106,096.00 from Anderson Ford, Grand Island. Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney R E S O L U T I O N 2012-18 WHEREAS, the police department will purchase four (4) 2012 Ford Police Interceptor sedans, and WHEREAS, Anderson Ford was awarded the state bid for the Ford Police Interceptor, and WHEREAS, the expense, $106,096.00 is budgeted in the police fiscal 2012 budget: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase order and subsequent payment is authorized. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2012-19 - Approving Bid Award for One (1) 2012 Four Wheel Drive Front End Loader for the Solid Waste Division Tuesday, January 24, 2012 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: January 24, 2012 Subject: Approving Bid Award for One (1) 2012 Four Wheel Drive Front End Loader (Solid Waste Division) Item #’s: G-7 Presenter(s): John Collins, P.E., Public Works Director Background On December 30, 2011 the Solid Waste Division of the Public Works Department advertised for a 2012 Model 35,000 Pound Four Wheel Drive Front End Loader. Funds for the loader are in the approved 2011/2012 budget. Discussion One (1) bid was received and opened on January 12, 2012. The Solid Waste Division of the Public Works Department and the Purchasing Division reviewed the bid that was received. The loader bid by Nebraska Machinery of Doniphan, NE meets all of the specifications. This loader is a front-line piece of equipment that is utilized on a daily basis for pushing and loading solid waste at the Transfer Station for transport to the Landfill for disposal. This machine will simply replace the 2000 model loader that is being traded in with this purchase. The 2000 model year loader that is being traded is twelve years old and has 6,300 operating hours of use. The machine is in need of new tires, which would cost $8,000 - $10,000 and several other major repairs are needed due to years of severe use in Transfer Station and Landfill operations. Bidder Base Price Trade-In Repurchasing Agreement Net Cost of Ownership Nebraska Machinery of Doniphan, NE $252,408 $33,875 4 yrs or 4,000 hrs = $118,000 $100,533 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 purchase of the Four Wheel Drive Front End Loader from Nebraska Machinery of Doniphan, NE for the net cost of $218,533 with a guaranteed repurchase agreement of $118,000. Sample Motion Move to approve the purchase of the Four Wheel Drive Front End Loader from Nebraska Machinery of Doniphan, NE for the net cost of $218,533 with a guaranteed repurchase agreement of $118,000. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 12, 2012 at 2:00 a.m. FOR: (1) 2012 35,000 lb 4-Wheel Drive Front End Loader DEPARTMENT: Public Works ESTIMATE: $265,000.00 FUND/ACCOUNT: 50530040-85615 PUBLICATION DATE: December 30, 2011 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: NMC, Inc. Doniphan, NE Bid Security: Travelers Casualty & Surety Exceptions: None Bid Price: $252,408.00 Trade-In: $ 33,875.00 Repurchase: 1 yr or 1,000 hrs. $151,000.00 2 yr or 2,000 hrs. $136,000.00 3 yr or 3,000 hrs. $126,000.00 4 yr or 4,000 hrs $118,000.00 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Jeff Wattier, Solid Waste Supt. Mary Lou Brown, City Administrator P1529 Approved as to Form ¤ ___________ January 19, 20122 ¤ City Attorney R E S O L U T I O N 2012-19 WHEREAS, the City of Grand Island invited sealed bids for one (1) 2012 Model 35,000 Pound Four Wheel Drive Front End Loader for the Solid Waste Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on January 12, 2012 bids were received, opened and reviewed; and WHEREAS, Nebraska Machinery of Doniphan, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the net amount of $218,533.00; and WHEREAS, Nebraska Machinery’s bid is fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Machinery of Doniphan, Nebraska in the net amount of $218,533.00 for one (1) 2012 Model 35,000 Pound Four Wheel Drive Front End Loader is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2012-20 - Approving Acquisition of Public Utility Easement Located in Timberline Second Subdivision (HBCC Timberline LLC) This item relates to the aforementioned Public Hearing item E-5. Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney R E S O L U T I O N 2012-20 WHEREAS, a public utility easement is required by the City of Grand Island, from HBCC Timberline, LLC in Timberline 2nd Subdivision, Hall County, Nebraska and more particularly described as follows: A tract of land located in Lot Six (6), Timberline 2nd Subdivision of the City of Grand Island, Nebraska, more particularly described as follows: COMMENCING AT THE SOUTHWEST CORNER OF LOT SIX (6), TIMBERLINE 2ND SUBDIVISION; THENCE NORTH 02°24’50” WEST A DISTANCE OF 84.39 FEET; THENCE SOUTH 74°59’10” EAST A DISTANCE OF 31.43 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 74°59’10” EAST A DISTANCE OF 901.99 FEET; THENCE SOUTH 89°04’30” WEST A DISTANCE OF 109.24 FEET; THENCE NORTH 74°59’10” WEST A DISTANCE OF 787.54 FEET; THENCE NORTH 02°24’50” WEST A DISTANCE OF 31.44 FEET TO THE POINT OF BEGINNING. WHEREAS, an Agreement for the public utility easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public utility Easement on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2012-21 - Approving Union Pacific Railroad Pipeline Crossing Agreement - Sanitary Sewer District 527T – Wildwood Drive, and Schimmer Drive Tuesday, January 24, 2012 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: January 24, 2012 Subject: Approving Union Pacific Railroad Pipeline Crossing Agreement – Sanitary Sewer District 527T – Wildwood Drive, and Schimmer Drive Item #’s: G-9 Presenter(s): John Collins, Public Works Director Background The Grand Island Economic Development Corporation is planning on developing an additional Industrial Park between Gold Core Drive and Blaine Street, and between Wildwood Drive and Schimmer Drive. The grant that will facilitate installation of public water mains and sewer infrastructure in the area has been approved. The City’s existing gravity sanitary sewer includes infrastructure at Wildwood Drive and Schimmer Drive just east of east of Gold Core Drive intersections. It is planned to extend both the gravity sewer collection systems easterly along Wildwood Drive and Schimmer Drive to Blaine Street. Additionally, sewer infrastructure shall be constructed west of Blaine Street, running north and south between Wildwood Drive and Schimmer Drive. As part of this construction, it will be necessary to cross property owned by the Union Pacific Railroad at two (2) locations. Discussion The Public Works Department has submitted the applications to the Union Pacific Rail Road for construction of the gravity sewer collection system crossing their right-of-way. The railroad has reviewed the application and has returned their proposed agreement for the project. The pipeline crossing permit for the gravity sewer collection system crossing includes a license fee payment of $2,000.00 at each crossing for a total of $4,000.00. Without these agreements and permit’s the City does not have legal access through the UPRR property and would not be able to complete the improvements associated with 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 a resolution allowing the City to enter into the agreement with the Union Pacific Railroad to allow the Sanitary Sewer District 527T improvements to progress. Sample Motion Move to approve a resolution allowing the City to enter into an agreement with the Union Pacific, allowing access through the railroad’s right-of-way. Approved as to Form ¤ ___________ January 20, 2012 ¤ City Attorney R E S O L U T I O N 2012-21 WHEREAS, in connection with the Sanitary Sewer District 527T improvements, two Pipeline Crossing Agreement are required by the Union Pacific Railroad in order for the City of Grand Island to cross their right-of-way with encased pipeline for transporting and conveying raw sewage only; and WHEREAS, the agreements also requires, upon execution, a one-time License Fee of $2,000.00 for each agreement for a total of $4,000.00; and WHEREAS, the agreements have been reviewed and approved by the City’s Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into two Pipeline Crossing Agreements with the Union Pacific Railroad in connection with the Sanitary Sewer District 527T improvements. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2012-22 - Approving Change Order #1 - Burdick Reservoir Painting Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Tim Luchsinger, Utilities Director Jason Eley, Assistant City Attorney Meeting: January 24, 2012 Subject: Burdick Reservoir Painting - Change Order #1 Item #’s: G-10 Presenter(s): Tim Luchsinger, Utilities Director Background The Utilities Department utilizes several large, steel storage tanks for storage of water and fuel. Being of steel construction, periodic painting of the surfaces of these tanks is required as routine maintenance. The tanks are coated with specialized painting systems to prevent corrosion of the steel shells and the tank support structures, and are regularly inspected for the condition of paint coatings and metal surfaces. During inspections last year, the Burdick Reservoir showed significant deterioration of the exterior and interior surfaces. It is the storage unit of the Burdick Pumping Station, used as part of the City’s municipal water system. This 3,000,000 gallon water storage tank is located near the Burdick Generating Station and was last painted in 2001. Plant staff developed bid specifications for the repainting of the tank, which included sandblasting of the surfaces to bare metal and painting with the appropriate coating systems. Bids were solicited and awarded in accordance with the City Procurement Code. The contract for the work was awarded to Lindner Painting, Inc. of Seward, NE at the April 12, 2011 City Council meeting in the amount of $394,120.00. The work was scheduled for later in the year when City water system demand allowed the Burdick Pumping Station to be removed from service. The repaint ing of this water storage tank was included in the current Water Capital Improvement Budget. Discussion Water system demand did not allow the tank to be removed from service until October and painting was completed in December. The curing of the reservoir interior coating required a minimum of 30 days at 35 degrees Fahrenheit, with higher temperatures reducing cure time. Heaters were rented and put into place, reducing the cure time considerably and allowing the reservoir to be put back into service in early January. Not using heaters would have extended the unavailability of the Burdick Reservoir by several weeks or months, depending on ambient temperatures, impacting system reliability and delaying other scheduled facilities maintenance activities. This change was in excess of what was included in the original specification. The addition to the contract for the heaters is $2,900.00, an addition of 0.74%, for a final contract amount of $397,020.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends approval of Change Order #1 to the Burdick Reservoir Painting Project contract in the amount of a $2,900.00 for a final contract amount of $397,020.00. Sample Motion Move to approve contract Change Order #1 to the Burdick Reservoir Painting contract with Lindner Painting, Inc., in the amount of a $2,900.00 addition to the contract amount, for a final contract amount of $397,020.00. Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney R E S O L U T I O N 2012-22 WHEREAS, Linder Painting, Inc., of Seward, Nebraska, was awarded the contract for Burdick Reservoir Painting, at the April 12, 2011 City Council meeting; and WHEREAS, the curing of the reservoir interior coating required a minimum of 30 days at 35 degrees Fahrenheit, with higher temperatures reducing cure time; and WHEREAS, heaters were rented and put into place, reducing the cure time considerably and allowing the reservoir to be put back into service in a timely fashion; and WHEAREAS, Change Order #1 was prepared for the final contract adjustment, resulting in a final contract amount of $397,020.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with Lindner Painting, Inc., of Seward, Nebraska resulting in an additional cost of $2,900.00, for a final contract price of $397,020.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Approving Referral of the One & Six Year Street Improvement Plan to the Regional Planning Commission Tuesday, January 24, 2012 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: January 24, 2012 Subject: Approving Referral of the One & Six Year Street Improvement Plan to the Regional Planning Commission Item #’s: H-1 Presenter(s): John Collins, Public Works Director Background Attached is staff's recommended One and Six Year Street Improvement Plan (SIP). Adoption of a One and Six Year Street Improvement Plan is required by State law as part of the requirements to receive approximately three million dollars of gas tax funds each year. The attached proposed One and Six Year Street Improvement Plan will be reviewed by the Regional Planning Commission and come back to the City Council for discussion, modification, and adoption in February. Administration recommends that the draft be referred to the Regional Planning Commission. Our recommendation for the review of the proposed plan is as follows: · Tuesday, January 24, 2012 - City Council refers the plan to the Regional Planning Commission · Wednesday, February 1, 2012 – Regional Planning Commission conducts a Public Hearing and forwards a recommendation to the City Council · Tuesday, February 14, 2012 – City Council hears a presentation from staff, conducts a Public Hearing, and passes a Resolution adopting the plan · Prepare and submit the report to the Nebraska Department of Roads by March 1, 2011 The proposed One & Six Year SIP is being presented to council for referral to the Regional Planning Commission based on a 400 Capital Improvement Plan ranking system that was presented at the 2009 city council retreat. The ranking system was updated by a city staff team consisting of the following individuals: · Public Works Director – John Collins · Manager of Engineering Services – Terry Brown · Project Manager – Scott Griepenstroh · Street Superintendent – Shannon Callahan The One & Six Year Street Improvement Plan typically starts with year one (1) for the current construction year, closely matching the projects in the current fiscal year’s budget. The projects in year 1 of the plan are considered “certain”, with projects in years 2 through 5 being listed for planning purposes and subject to approval by council during the budget process. Future projects for years 2 through 5 and after were scheduled based on council and public input. Discussion A few of the 2012 projects that should be discussed include: Infrastructure Contingency Funds (Emergency) City Staff believes it is good fiscal management to include funds for emergencies. Realign Walnut Entrance at Custer Avenue / 15th Street with Signal This 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 funded with Safe Routes to School funds authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users Act that are administered by the Nebraska Department of Roads. This area will then be safer for children crossing Custer Avenue and encourage more walking and biking to school. The project is scheduled for bid letting spring of 2012, with summer construction. Build Drainway from Central Community College to Wood River The 1978 drainage plan, prepared by McGaughy, Marshall and McMillan, designated a drainage outlet to the Wood River to serve the southwest portion of the City. In 1983, when Stolley Park Road was paved, a temporary connection was made to drain the Brentwood area and some surrounding land. With the large amount of precipitation in recent years, the Stolley Park system has been badly overloaded. Currently the Public Works Engineering staff is working through obtaining both temporary and permanent easements to complete the project. This project will complete the connection to the Wood River in a similar manner as was designated by the 1978 plan. Construction of this outlet will serve to reduce the dependence on the Stolley Park drain and provide a more positive drainage alignment for the Brentwood area. The project schedule is set for bid letting the summer of 2012, as well as construction. Husker Highway from US Highway 281 to Locust Street The Nebraska Department of Roads is planning to improve a portion of US Highway 34 from US Highway 281 to South Locust Street. The project includes milling of the existing roadway surface and overlaying with asphalt. US Highway 34 will be widened at the intersection of Blaine Street to accommodate left turn lanes. The bridge immediately west of the Blaine Street intersection will be replaced with a concrete box culvert. Construction is scheduled in 2012. US Highway 30 Concrete Repair (west of US Highway 30 to Grant Street) 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 Gran Street. This project will consist of repairing concrete pavement, cubs 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. US Highway 281 Drainage Project – Phase I Phase I of this three phase project will consist of ditch grading and culvert realignment to aid in moving the standing water on the north end of US Highway 281 (mainly the east ditch along US Highway 281). Future phases will address the entire US Highway 281 corridor for drainage. Additional projects the Public Works Engineering staff would like to complete in the 2011/2012 budget year, should funds become available include: · Paving Assessment District on Stolley Park Road, west of US Highway 281 - $625,000 · Paving Assessment District in Westwood Park Subdivision (ideally would be completed in connection with the sanitary sewer district already approved for this area) - $295,000 · Intersection Improvements at Airport Road and Sky Park Road to aid in traffic flow to and from the Central Nebraska Regional Aiport - $60,000 · Faidley Avenue extension from Diers Avenue west to North Road - $700,000 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 refer the One and Six Year Street Improvement Plan to the Regional Planning Commission. Sample Motion Move to approve referral of the One and Six Year Street Improvement Plan. 2012 Construction Season No. Project Description Total Project State Federal Other City Cap. Impr. Fund M310- 89 Capital Avenue Widening - Webb Road to Broadwell - PE $320 $256 $64 M310- 411 Husker Highway from US Highway 281 to Locust St $2,794 $2,674 $120 M310- 508 US Hwy 30 Drainage Improvements $1,275 $816 $459 M310- 515 Quiet Zone - UPRR Corridor - Oak, Pine, Elm & Walnut $247 $140 $107 M310- 537 Realign Walnut Ent. @ Custer / 15th St w/ Signal $291 $227 $64 M310- 578 Highway 30 Concrete Repair (W of US Hwy 30 to Grant St) $847 $423 $424 M310- 579 Misc Federal Aid Resurfacing - Various Locations $385 $308 $77 M310- 591 Broadwell Avenue Shoulder Improvement @ BNSF $40 $40 M310- 593 Annual Asphalt Resurfacing Project $750 $750 M310- 267 Wood River/Blaine Bridge - Design $30 $30 M310- 459 Southwest Drainage Project (CCC to Wood River) $500 $500 M310- 461 Construction of NW GI Flood Control Project $850 $475 $375 M310- 544 Concrete Lining of Drainage Ditches $50 $50 M310- 595 Highway 281 Drainage Project - Phase I $125 $125 M310- 596 Storm Cell Improvements $10 $10 M310- 447 Trail along Moores Creek Drain - State to Capital Connector $504 $404 $100 M310- 572 Annual Sidewalk Projects $25 $25 M310- 590 Third & Wheeler Downtown Historical Lighting Project $308 $308 M310- 597 Annual Handicap Ramp Installation Project $125 $125 $9,476 $6,031 $3,445 Street Resurfacing Drainage & Flood Control (All costs in $1,000s) Other Totals: Street Construction 1/20/2012 Page 1 of 6 2013 Construction Season No. Project Description Total Project State Federal Other City Cap. Impr. Fund M310- 89 Capital Ave Widening - Webb Road to Broadwell - PE/ROW 310$ 248$ 62$ M310- 267 Blaine St bridges over Wood River 100$ 100$ M310- 598 Airport Rd & Sky Park Rd Intersection Improvements 60$ 60$ M310- 579 Misc Federal Aid Resurfacing - Various Locations 3,010$ 2,408$ 602$ M310- 546 Annual Paving Program (Assessment Districts) - W Stolley Park Rd & Westwood Park Sub 920$ 920$ M310- 599 Sky Park Improvements - Airport Rd to Abbott Rd 700$ 700$ M310- 600 Annual Asphalt Resurfacing Project 750$ 750$ M310- 461 Construction of NW GI Flood Control Project 850$ 475$ 375$ M310- 485 PVIP Drainage Project - Phase I (Design) 80$ 80$ M310- 507 Independence Avenue Drainage - Design 80$ 80$ M310- 507 Independence - Construct Culverts & Fill in West Ditch 350$ 350$ M310- 549 Concrete Lining of Drainage Ditches 50$ 50$ M310- 567 Integrated Comprehensive Drainage Plan 80$ 80$ M310- 568 Update Moores Creek Drainage Plan 78$ 39$ 39$ M310- 601 Storm Cell Improvements 10$ 10$ M310- 602 Highway 281 Drainage Project - Phase II 125$ 125$ M310- 572 Annual Sidewalk Projects 25$ 25$ M310- 605 Trail along Broadwell Ave - Capital Ave to Eagle Scout Park - PE 42$ 34$ 8$ 7,620$ 3,204$ 4,416$ Street Construction Street Resurfacing Drainage & Flood Control (All costs in $1,000s) Other Totals: 1/20/2012 Page 2 of 6 2014 Construction Season No. Project Description Total Project State Federal Other City Cap. Impr. Fund M310- 89 Capital Ave Widening - Webb Rd to Broadwell Ave 3,795$ 3,036$ 759$ M310- 353 Faidley Avenue - North Rd east to Irongate Ave (approx. 2,000')700$ 700$ M310- 518 Quiet Zone - UPRR Corridor - Lincoln, Broadwell & Blaine/Custer 530$ 100$ 430$ M310- 569 Signal @ US Hwy 30 (2nd Street) and Lincoln Ave 55$ 55$ M310- 580 Highway 281 Southbound Repair 200$ 100$ 100$ M310- 581 US Highway 30 Resurfacing - West City Limits to Highway 281 4,360$ 4,160$ 200$ M310- 606 Webb Rd & State St Intersection (Geometrics)50$ 50$ M310- 607 Diers Ave & State Street / US Hwy 281 - Design (Geometrics)100$ 100$ M310- 608 Locust St & Anna St (Geometrics)75$ 75$ M310- 609 Sky Park Road Improvements (Capital Ave to Airport Rd)800$ 800$ M310- 610 Sycamore St Underpass - Complete Rebuild/Rehab (drainage/pavement) - Phase I 500$ 500$ M310- 611 Annual Asphalt Resurfacing Project 750$ 750$ M310- 461 Construction of NW GI Flood Control Project 850$ 475$ 375$ M310- 559 Concrete Lining of Drainage Ditches 50$ 50$ M310- 612 Highway 281 Drainage Project - Phase III 125$ 125$ M310- 613 Storm Cell Improvements 10$ 10$ M310- 603 Comprehensive Drainage Plan 125$ 125$ M310- 614 PVIPDrainage Project - Phase II 750$ 750$ M310- 604 Highway 281 Safety Enhancement Improvement Project 1,000$ 800$ 200$ M310- 517 Trail along Broadwell Ave - Capital Ave to Eagle Scout Lake 210$ 168$ 42$ M310- 572 Annual Sidewalk Projects 25$ 25$ 8,839$ 6,221$ Street Construction Street Resurfacing Drainage & Flood Control (All costs in $1,000s) Other Totals: 1/20/2012 Page 3 of 6 2015 Construction Season No. Project Description Total Project State Federal Other City Cap. Impr. Fund M310-611 Sycamore St Underpass - Complete Rebuild/Rehab (drainage/pavement) - Phase II 500$ 500$ M310- 458 Signal @ US Highway 34/281 and Wildwood Rd 150$ 150$ M310- 616 Annual Asphalt Resurfacing Project 750$ 750$ M310- 461 Construction of NW GI Flood Control Project 850$ 475$ 375$ M310- 563 Concrete Lining of Drainage Ditches 50$ 50$ M310- 617 Storm Cell Improvements 10$ 10$ M310- 497 Lighting on US Highway 281 from Stolley Park Rd to Old Potash Hwy 250$ 250$ M310- 517 Trail along Broadwell Ave - Capital Ave to Eagle Scout Lake 820$ 656$ 164$ M310- 572 Annual Sidewalk Projects 25$ 25$ 3,405$ 1,131$ 2,274$ Street Resurfacing Drainage & Flood Control Street Construction (All costs in $1,000s) Other Totals: 1/20/2012 Page 4 of 6 2016 Construction Season No. Project Description Total Project State Federal Other City Cap. Impr. Fund M310- 611 Sycamore St Underpass - Complete Rebuild/Rehab (drainage/pavement) Phase III 500$ 500$ M310- 618 Eddy Street Underpass Complete Rebuild/Rehab (drainage/pavement) - Phase I 500$ 500$ M310- 619 Annual Asphalt Resurfacing Project 750$ 750$ M310- 461 Construction of NW GI Flood Control Project 850$ 475$ 375$ M310- 573 Concrete Lining of Drainage Ditches 50$ 50$ M310- 620 Storm Cell Improvements 10$ 10$ M310- 572 Annual Sidewalk Projects 25$ 25$ 2,685$ 475$ 2,210$ Street Resurfacing Street Resurfacing Drainage & Flood Control Other Totals: 1/20/2012 Page 5 of 6 2017 and After Construction No. Project Description Total Project State Federal Other City Cap. Impr. Fund M310-618 Eddy St Underpass Complete Rebuild/Rehab (drainage/pavement) - Phase II & III 1,000$ 1,000$ M310- 352 Hwy 30 Relocation - US 281 West 18,000$ 9,000$ 9,000$ M310- 499A Broadwell Ave/UPRR - Environmental Study/Preliminary Engineering 640$ 640$ M310- 499A Broadwell Ave/UPRR - Final Design & ROW Appraisal 128$ 128$ M310- 499A Broadwell Ave/UPRR - ROW 1,000$ 1,000$ M310- 499 Broadwell Ave/UPRR - Construction 10,800$ 8,640$ 2,160$ M310- 502 Shady Bend Rd @ UPRR -E Bypass 16,000$ 12,800$ 3,200$ M310- 520 Capital Ave - Broadwell Ave to St Paul Rd 1,000$ 1,000$ M310- 521 Swift Rd - WWTP to Stuhr Rd 450$ 450$ M310- 528 State/Diers Intersection Improvements 390$ 390$ M310- 533 Husker Hwy W of US Hwy 34/281 Intersection 1,200$ 1,200$ M310- 535 Realign Barr Entrance @ Stolley/Adams w/ Signal 360$ 360$ M310- 538 Capital Ave & North Rd Intersection Improvement 360$ 360$ M310- 539 3rd St Widening - Adams to Eddy 90$ 90$ M310- 540 North Rd & 13th St Intersection Improvements 300$ 300$ M310- 545 Signal @ US Hwy 34/281 and Rae Rd 135$ 68$ 67$ M310- 550 Left Turn Lane - North Rd @ NWHS 56$ 56$ M310- 551 Stolley Park Rd & North Rd Intersection 146$ 146$ M310- 552 Left Turn Lane on Husker Hwy @ HLHS 62$ 62$ M310- 553 Left Turn Lane on 13th @ Redwood/Mansfield 62$ 62$ M310- 554 Resurface Wildwood from US Hwy 281 to Locust St 876$ 876$ M310- 556 North Rd over UPRR 7,600$ 6,080$ 1,520$ M310- 564 Stolley - Fonner/HEC/Fair Entrance to Stuhr Rd 920$ 920$ M310- 574 Misc. Signals - TBD 112$ 112$ M310- 583 North Rd & Old Potash Intersection Improvements 300$ 300$ M310- 584 Stolley Park Rd - Locust St to Webb Rd Safety Improvement 1,000$ 900$ 100$ M310- 585 State Street - Webb Rd to Broadwell Ave Safety Improvement 1,500$ 1,350$ 150$ M310- 586 Broadwell Ave - Capital to Airport Rd 6,000$ 6,000$ M310- 587 Webb Rd - UPRR to south of Stolley Park Rd 7,500$ 7,500$ M310- 588 Blaine St - Schimmer Dr to Wildwood Dr 1,000$ 1,000$ M310-Annual Asphalt Resurfaincg Project 750$ 750$ M310- 511 Moores Creek - Old Potash to Edna 150$ 150$ M310- 576 Misc. Major Drainage Development 500$ 250$ 250$ M310- 589 Concrete Lining of Drainage Ditches 50$ 50$ M310- 527 Misc. Safety Projects - TBD 150$ 150$ M310- 565 Trail along Locust from US Hwy 34 to Stagecoach 600$ 480$ 120$ M310- 572 Annual Sidewalk Projects 25$ 25$ 81,212$ 39,568$ 41,644$ Street Resurfacing Drainage & Flood Control Totals: Street Construction Other 1/20/2012 Page 6 of 6 PUBLICWORKS1 & 6 YEAR STREET 1 & 6 YEAR STREET IMPROVEMENT PLANPresented by: John Collins / Terry Brown PUBLICWORKS2012 Construction (Year 1) = $3,445,000(All costs represent City portion in $1,000s) Street ConstructionCapital Avenue Widening - Webb Road to Broadwell - PE$64 Husker Highway from US Highway 281 to Locust St $120 $459 US Hwy 30 Drainage Improvements$459 Quiet Zone - UPRR Corridor - Oak, Pine, Elm & Walnut $107 Realign Walnut Ent. @ Custer / 15th St w/ Signal $64 Highway 30 Concrete Repair (W of US Hwy 30 to Grant St) $424 Misc Federal Aid Resurfacing - Various Locations $77 Broadwell Avenue Shoulder Improvement @ BNSF$40 Street ResurfacingAnnual Asphalt Resurfacing Project$750 PUBLICWORKS2012 Construction (Year 1) = $3,445,000 [cont.](All costs represent City portion in $1,000s)Drainage & Flood ControlWood River/Blaine Bridge - Design$30 Southwest Drainage Project (CCC to Wood River) $500 Construction of NW GI Flood Control Project $375 Construction of NW GI Flood Control Project $375 Concrete Lining of Drainage Ditches $50 Highway 281 Drainage Project - Phase I$125 Storm Cell Improvements $10 OtherTrail along Moores Creek Drain - State to Capital Connector $100 Annual Sidewalk Projects $25 Third & Wheeler Downtown Historical Lighting Project$0Annual Handicap Ramp Installation Project $125 City’s Grand Total:$3,445 PUBLICWORKS2013 Construction (Year 2) = $4,416,000(All costs represent City portion in $1,000s) Street ConstructionCapital Ave Widening - Webb Road to Broadwell - PE/ROW$62 Blaine St bridges over Wood River$100 Airport Rd & Sky Park Rd Intersection Improvements$60 Misc Federal Aid Resurfacing - Various Locations$602 Street ResurfacingAnnual Paving Program (Assessment Districts)-W Stolley Park Rd & Westwood Park Sub $920 Sky Park Improvements - Airport Rd to Abbott Rd $700Annual Asphalt Resurfacing Project$750 PUBLICWORKS2013 Construction (Year 2) = $4,416,000 [cont.](All costs represent City portion in $1,000s)Drainage & Flood ControlConstruction of NW GI Flood Control Project$375 PVIP Drainage Project - Phase I (Design)$80 Independence Avenue Drainage -Design $80 Independence Avenue Drainage -Design $80 Independence - Construct Culverts & Fill in West Ditch$350 Concrete Lining of Drainage Ditches$50 Integrated Comprehensive Drainage Plan$80 Update Moores Creek Drainage Plan$39 Storm Cell Improvements$10 Highway 281 Drainage Project - Phase II$125 OtherAnnual Sidewalk Projects$25 Trail along Broadwell Ave - Capital Ave to Eagle Scout Park - PE$8 City’s Grand Total: $4,416 PUBLICWORKS2014 Construction (Year 3) = $6,221,000(All costs represent City portion in $1,000s)Street ConstructionCapital Ave Widening - Webb Rd to Broadwell Ave$759 Faidley Avenue - North Rd east to Irongate Ave (approx. 2,000')$700 Quiet Zone - UPRR Corridor - Lincoln, Broadwell & Blaine/Custer$430 Signal @ US Hwy 30 (2nd Street) and Lincoln Ave$55 Signal @ US Hwy 30 (2nd Street) and Lincoln Ave$55 Highway 281 Southbound Repair$100 US Highway 30 Resurfacing - West City Limits to Highway 281$200 Webb Rd & State St Intersection (Geometrics)$50 Diers Ave & State Street / US Hwy 281 - Design (Geometrics)$100 Locust St & Anna St (Geometrics)$75 Sky Park Road Improvements (Capital Ave to Airport Rd) $800Sycamore St Underpass - Complete Rebuild/Rehab (drainage/pavement) - Phase I$500 PUBLICWORKS2014 Construction (Year 3) = $6,221,000 [cont.](All costs represent City portion in $1,000s)Street ResurfacingAnnual Asphalt Resurfacing Project$750 Drainage & Flood ControlConstruction of NW GI Flood Control Project$375 Construction of NW GI Flood Control Project$375 Concrete Lining of Drainage Ditches$50 Highway 281 Drainage Project - Phase III$125 Storm Cell Improvements$10 Comprehensive Drainage Plan $125 PVIPDrainage Project - Phase II$750 OtherHighway 281 Safety Enhancement Improvement Project$200 Trail along Broadwell Ave - Capital Ave to Eagle Scout Lake$42 Annual Sidewalk Projects$25 City’s Grand Total:$6,221 PUBLICWORKS2015 Construction (Year 4) = $2,274,000(All costs represent City portion in $1,000s)Street ConstructionSycamore St Underpass -Complete Rebuild/Rehab (drainage/pavement) - Phase II$500 Signal @ US Highway 34/281 and Wildwood Rd$150 Street ResurfacingAnnual Asphalt Resurfacing Project$750 Annual Asphalt Resurfacing Project$750 Drainage & Flood ControlConstruction of NW GI Flood Control Project$375 Concrete Lining of Drainage Ditches$50 Storm Cell Improvements$10 OtherLighting on US Highway 281 from Stolley Park Rd to Old Potash Hwy$250 Trail along Broadwell Ave - Capital Ave to Eagle Scout Lake$164 Annual Sidewalk Projects$25 City’s Grand Total:$2,274 PUBLICWORKS2016 Construction (Year 5) = $2,210,000(All costs represent City portion in $1,000s)Street ConstructionSycamore St Underpass - Complete Rebuild/Rehab (drainage/pavement) Phase III$500 Eddy Street Underpass Complete Rebuild/Rehab (drainage/pavement) -Phase I$500 (drainage/pavement) -Phase I$500 Street ResurfacingAnnual Asphalt Resurfacing Project$750 Drainage & Flood ControlConstruction of NW GI Flood Control Project$375 Concrete Lining of Drainage Ditches$50 Storm Cell Improvements$10 OtherAnnual Sidewalk Projects$25 City’s Grand Total:$2,210 PUBLICWORKS2017 Construction (Year 6) = $41,644,000(All costs represent City portion in $1,000s)Street ConstructionEddy St Underpass Complete Rebuild/Rehab (drainage/pavement) - Phase II & III$1,000 Hwy 30 Relocation - US 281 West$9,000 Broadwell Ave/UPRR -Environmental Study/Preliminary Broadwell Ave/UPRR -Environmental Study/Preliminary Engineering$640 Broadwell Ave/UPRR - Final Design & ROW Appraisal$128 Broadwell Ave/UPRR - ROW$1,000 Broadwell Ave/UPRR - Construction$2,160 Shady Bend Rd @ UPRR -E Bypass$3,200 Capital Ave - Broadwell Ave to St Paul Rd$1,000 Swift Rd - WWTP to Stuhr Rd$450 State/Diers Intersection Improvements$390 Husker Hwy W of US Hwy 34/281 Intersection$1,200 PUBLICWORKSRealign Barr Entrance @ Stolley/Adams w/ Signal$360 Capital Ave & North Rd Intersection Improvement$360 3rd St Widening - Adams to Eddy$90 North Rd & 13th St Intersection Improvements$300 2017 Construction (Year 6) = $41,644,000 [cont.](All costs represent City portion in $1,000s)North Rd & 13th St Intersection Improvements$300 Signal @ US Hwy 34/281 and Rae Rd$67 Left Turn Lane - North Rd @ NWHS$56 Stolley Park Rd & North Rd Intersection$146 Left Turn Lane on Husker Hwy @ HLHS$62 Left Turn Lane on 13th @ Redwood/Mansfield$62 Resurface Wildwood from US Hwy 281 to Locust St$876 North Rd over UPRR$1,520 Stolley - Fonner/HEC/Fair Entrance to Stuhr Rd$920 Misc. Signals - TBD$112 PUBLICWORKS2017 Construction (Year 6) = $41,644,000 [cont.](All costs represent City portion in $1,000s)North Rd & Old Potash Intersection Improvements$300 Stolley Park Rd - Locust St to Webb Rd Safety Improvement$100 State Street - Webb Rd to Broadwell Ave Safety Improvement$150 Broadwell Ave -Capital to Airport Rd$6,000 Broadwell Ave -Capital to Airport Rd$6,000 Webb Rd - UPRR to south of Stolley Park Rd$7,500 Blaine St - Schimmer Dr to Wildwood Dr$1,000 Street ResurfacingAnnual Asphalt Resurfaincg Project$750 Drainage & Flood ControlMoores Creek - Old Potash to Edna$150 Misc. Major Drainage Development$250 Concrete Lining of Drainage Ditches$50 PUBLICWORKS2017 Construction (Year 6) = $41,644,000 [cont.](All costs represent City portion in $1,000s)OtherMisc. Safety Projects -TBD$150 Misc. Safety Projects -TBD$150 Trail along Locust from US Hwy 34 to Stagecoach$120 Annual Sidewalk Projects$25 City’s Grand Total:$ 41,644 Item I1 #2012-23 - Consideration of Request from Gordo’s, Inc. dba El Mariachi Authentic Mexican Food, 2418 North Webb Road, Suite A for a Class “I” Liquor License and Liquor Manager Designation for Jose Bravo, 2307 Plum Creek, Lexington, Nebraska This item relates to the aforementioned Public Hearing item E-1. Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney R E S O L U T I O N 2012-23 WHEREAS, an application was filed by Gordo’s, Inc. doing business as El Mariachi Authentic Mexican Food, 2418 North Webb Road, Suite A for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on January 14, 2012; such publication cost being $16.27; and WHEREAS, a public hearing was held on January 24, 2012 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 Jose Bravo, 2307 Plum Creek, Lexington, Nebraska 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, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2012-24 - Consideration of Request from Rodrigo Sanchez dba El Centenario Bar & Grill, 316 East 2nd Street for a Class “C” Liquor License This item relates to the aforementioned Public Hearing item E-2. Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney R E S O L U T I O N 2012-24 WHEREAS, an application was filed by Rodrigo Sanchez doing business as El Centenario Bar & Grill, 316 East 2nd Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on January 14, 2012; such publication cost being $16.27; and WHEREAS, a public hearing was held on January 24, 2012 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:_________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2012-5 - Consideration of Contract for Installation & Purchase of 911 CPE System Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Jon Rosenlund City of Grand Island City Council Council Agenda Memo From: Jon Rosenlund, Emergency Management Director Meeting: January 24, 2012 Subject: 911 Telephone System Purchase Item #’s: I-3 Presenter(s): Jon Rosenlund, Emergency Management Director Background The Emergency Management Department has concluded a review of bids for a new 911 telephone system and has selected Platte Valley Communications, a Grand Island company, as the vendor of choice. Cost for the system is $168,835.00 and includes four new telephone stations and a 5 year system support agreement. Discussion Currently, the Grand Island Emergency Center receives 911 calls on an InVision2 telephone system purchased from TCI several years ago. Since then, TCI was purchased by Cassadian Communications (formerly Plate CML.) On January 1, 2012, Cassadian Communications ended its support of the hardware and software of the InVision2. On December 1, 2011, the Emergency Management Department opened bids from five (5) vendors who responded to a Request for Bidders on a new 911 telephone system to replace the current system. Platte Valley Communications and its quote to install the Emergency Call Worx telephone system was the lowest bid that meets the needs specified in the Request for Bidders at a cost of $181,850.00 for 5 telephone stations and a 5 year maintenance agreement. Adjusted Quote Recognizing the Department’s need to reduce costs in order to meet other equipment needs, the Department subsequently requested an adjusted quote from Platte Valley Communications for only 4 consoles and a 5 year maintenance agreement. Those future needs include better connectivity to an alternate 911 center and consoles at that facility before a 5th console is needed at the GIEC. This information was presented to the Interlocal Committee on Emergency Management/Communications. The Interlocal Committee agreed with the proposal of 4 consoles instead of 5. That adjusted quote for 4 consoles and a 5 yr support plan is $168,835.00. This expenditure will be paid through E911 Funds requiring no General Fund expenses. Installation can proceed following completion of the attached contract. The Emergency Management Department hopes to have a contract signed and submitted to Platte Valley Communications in time to have the system operational by April 1, 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 accept the contract with Platte Valley Communications for $168,835.00. Sample Motion Move to approve Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 1, 2011 at 2:00 p.m. FOR: Installation & Purchase of 911 CPE System DEPARTMENT: Emergency Management ESTIMATE: $200,000.00 FUND/ACCOUNT: 21520006 ($165,000.00) & 21620006 ($35,000.00) PUBLICATION DATE: October 8, 2011 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Century Link Business/Qwest RACOM Des Moines, IA Marshall Town, IA Bid Security: Liberty Mutual Ins. Co. Merchants Bonding Co. Exceptions: None Noted Bid Price: $220,508.40 $234,118.15 Bidder: Platte Valley Communications Grand Island, NE Bid Security: Western Surety Co. Exceptions: Noted Bid Price: $180,805.00 (Solacom) Bid Price: $162,621.60 (Emergency CallWorx, Inc.) Alternative: $209,926.40 for 5 years Bid Price: $146,969.00 (Cassidian) cc: Jon Rosenlund, Emergency Management Director Jason Eley, Purchasing Agent Mary Lou Brown, City Administrator P1517 Approved as to Form ¤ ___________ January 19, 2012 ¤ City Attorney R E S O L U T I O N 2012-5 WHEREAS, the City of Grand Island, Nebraska, operates an emergency 911 call center through interlocal agreement with Hall County; and WHEREAS, the Grand Island Emergency Center, managed by the Grand Island Emergency Management Department is the Public Safety Answering Point for all of Hall County; and WHEREAS, the current 911 telephone system is no longer supported for parts or software by the vendor after December 31, 2011; and WHEREAS, Council has budgeted $190,000 for the installation of a replacement 911 telephone system to include a 5 year support agreement, and WHEREAS, a recently completed bid process produced a successful bid below budget, from Platte Valley Communications of Grand Island, NE, for a total of $168,835.00, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Mayor is hereby authorized and directed to award this bid to Platte Valley Communications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item I4 #2012-25 - Consideration of Lincoln Park Swimming Pool Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: January 24, 2012 Subject: Lincoln Park Swimming Pool Item #’s: I-4 Presenter(s): Steve Paustian, Park and Recreation Director Background At the January 17th Study Session, discussions took place between Council and staff regarding the Lincoln Park pool project. Both rehabilitation and new construction options were discussed. Discussion It appeared that Council was in agreement with staff and was interested in seeing the new construction option move forward. A resolution has been prepared that specifies that new construction will be used for the Lincoln Pool project and that an engineers estimate of $1,550,000.00 will be amount budgeted for 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 adopt the resolution provided with this item. The resolution calls for new construction with a budget of $1,550,000.00. Sample Motion Move to adopt the resolution associated with the replacement of the Lincoln Park Swimming Pool. Approved as to Form ¤ ___________ January 20, 2012 ¤ City Attorney R E S O L U T I O N 2012-25 WHEREAS, the City of Grand Island is in the process of replacing Lincoln Park swimming pool; and WHEREAS, it has been determined that new construction shall be the process used; and WHEREAS, the City of Grand Island has set a project budget of $1,550,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that City staff will work with JEO Consulting of Wahoo, Nebraska to develop the design and construction plans for a new Lincoln Park swimming pool. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of January 11, 2012 through January 24, 2012 The Claims for the period of January 11, 2012 through January 24, 2012 for a total amount of $3,547,718.14. A MOTION is in order. Tuesday, January 24, 2012 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council