UPDATED: MAYOR's Agenda item
Publisher's Note: City Council is now providing electronic copies of the agenda and supporting information. This is the same information supplied to members of the media. Theguardiannews will make available a copy of this packet to anyone interested. Please send your inquiry to guardianofsidney@gmail.com one will be returned to you by close of business that day.
For purposes of brevity, summary items from the supporting documents will be added below each agenda item as applicable.
CITY OF SIDNEY COUNCIL MEETING, TUESDAY, FEBRUARY 23, 2010, 7:15 P.M.
AGENDA
CALL TO ORDER.
PLEDGE OF ALLEGIANCE.
WELCOME.
BUSINESS AND REPORTS:
1. Announcement re: Public Meetings Act.
2. Approval of minutes of the February 9, 2010 meeting as printed.
3. Comments by public.
4. Sidney Jaycees request for Proclamation of Jaycee Week - March 1-7, 2010.
5. PUBLIC HEARING re: 2010 City of Sidney, Nebraska One & Six Year Proposed Street Improvement Program; and RESOLUTION NO. 20100203 accepting same.
NOTE: Street Superintendent Hank Radke will be making a slide show presentation for required presentation of the City's one and six year highway plans. This includes projects completed:
In the previous year:
9th Ave between Hickory and Illinois
10th/11th Ave: Toledo to Bridge
Forrest Street: 13th to 14th
Proposed Current Year
8th Avenue: Hickroy to Illinois (ongoing estimated completion spring 2010)
Verde Lane Dam Storm Drain: Country Club Road north (Fall 2010)
One Year Plan (Proposed to be, or are already in the one year plan)
9th Ave: Hickory to Ilinois
Old Post Road: L-17-J to Silverberg
Verde Lane Dam Storm Drain: Country Club Road north
Downtown Improvement Project: Bulbouts at 9th/10th/11th, 10th and Jackson.
Six Year Projects (Proposed)
9th Ave: Hickory to Ilinois
Old Post Road: L-17-J to Silverberg
Verde Lane Dam Storm Drain: Country Club Road north
Downtown Improvement Project: Bulbouts at 9th/10th/11th, 10th and Jackson.
11th Ave: Lodgepole to Bridge
10th Ave: Illinois to BNRR
13th Ave: Illinois to BNRR
Fort Sidney Road
Elm Street: 13th to 17th
Forrest Street: 14th to 17th
17th Ave: Elm to Forrest
7th Ave Storm Drain: Jackson to Linden
Illinois Street: 23rd to 5th (NDOR, Nebraska Department of Roads) Proj. RD-30-1 (1020)
Most of these projects are under 600 feet in length. For projects currently in deployment or proposed for fiscal year 2010, a total of approximately 1.6 million dollars would be required based on current estimates. The bulbout project has an estimated cost of $186,000, but the form isn't able to properly identify the specifics of the project.
Some of the items in the one year plan appear in the six year plan as financial ability to implement any given project is determined by factors outside the scope of the plan. Typically, one year plan projects are either maintenance or high need items.
The largest projects in the six year plan include the 13th Ave (Illinois to BNRR, 2500ft, $1.3 Million), Fort Sidney Road (2 Miles, $1.5 Million), and the Nebraska Dept of Roads Project (Illinois St. 23rd to 5th, $2.646 Million). Adoption of this plan will have an impact on the budget planning sessions later this year.
6. As per the 2009-2010 Electric Department budget, consideration of bids for one new power
transformer; and, if applicable, approval of same.
A memo from Public Services Director John Hehnke to the Mayor and Council members provides the results of opening the sealed bids for replacement of the north substation power transformer. One bid (GE ProLec transformer) was rejected for a non-conforming response. Other bids:
Vendor. Model, Cost w/tax, Annual Operation Costs, Issues
Western United Supply, Virginia, $444,130.25, $54,520/year, Several Failures within 18 months reported by South Sioux City, as well as a unit that failed on energization in York, NE. Rod Fries said in his report that the Nebraska Public Power and Omaha Public Power districts told him that they do not consider the Virginia Transformer as an acceptable bid, citing poor quality standards.
Energy Solutions/Delta Star, Inc, Delta Star, $507,886.20, $46,367/year, Warranty parts are new
CG Sales Networks Americas, CG Power Systems, $510, 236.99, $42,226/year, Warranty parts may be refurbished or used
No negatives were presented with either the Delta Star or CG Power systems units. Recommendation to Council is to adopt either the Delta Star or CG Power Systems Transformers. The Delta unit can be on site within 26-30 weeks with an setup time of app. two weeks, while the CG transformer would take 40 weeks, with a to be determined time for setup. Annual operational costs are based on current electricity rates.
7. Discussion requested by Mayor Weiderspon:
A. Discussion of Council Code of conduct, with City Attorney’s legal opinion, in relation to Open Meetings Act and gifts to council members. Action by Council if applicable.
Publisher's Note: The following questions are not part of a revised agenda, but were developed as a result of a phone interview I had with Mayor Wiederspon this morning.
A1. Specifically, If a councilman determines that a particular agenda item would create "substantial opposition (Code of Conduct section 3, 3rd from last paragraph)" how can an agenda item be discussed prior to the meeting and not be open meeting violation?
A2. "It is expected that council members will make every effort not to surprise each other by bringing up something new at a meeting and rather will give notice of their intention to do so as soon as practical before the meeting." This is in section dealing with agenda items, so does this refer to discussion points for a given agenda item, or an new agenda item, not published as required by ordinance or statute? If this is for an agenda item, would the discussion or mentioning of that item to other councilmen/city staff, potentially be seen as an effort to circumvent the Open Meetings Act?
A3. What is considered a gift or favor? What types of complementary benefits may a city council member or city staff member receive while on business of the city?
A4. What disclosures must be made before/after such complimentary gifts/favors are granted and can any gift or favor be accepted proximate to a vote on anything for which the entity providing such gifts/favor is before the City Council or any City Department?
B. Discussion of summary (from City Clerk’s files) of expenses of hiking, biking and walking trail expansion to date and all future bills listed as separate line item on Council agendas. Action, if applicable.
The Mayor has indicated that citizens in favor of and opposed to the Deadwood Trail Project have inquired about more detail in the expense reporting of the project.
8. Financial Statements for January, 2010.
9. Update and endorsement of LB967 (Sales tax legislation) and proposed amendment. The City Manager is seeking City Council official endorsement of an amended LB967 that provides for a one time, one month collection of all sales taxes in Nebraska as a means of providing the initial seed funding for the sales tax refund fund previously discussed. The legislation would cap sales tax refunds at 10% of the three year rolling average of sales tax receipts and excesses would be paid out of the fund, while localities would pay back any monies borrowed from this fund when their refund rate drops below 10% of receipts, on a three year rolling average.
10. City Manager's Report, comments by City Council and other action concerning city departments,
ordinances and state statutes.
ADJOURNMENT.
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