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10-26-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, October 26, 2010 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Jeff Pederson City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Scott Dugan John Gericke Peg Gilbert Chuck Haase Robert Meyer Mitchell Nickerson Bob Niemann Kirk Ramsey Jose Zapata 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 This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Proclamation "National Adoption Month" November, 2010 There are an estimated 123,000 children in the United States in the foster care system, some of which live in Grand Island. By December 2010, thirty-four children in Grand Island, Hall County who are in foster care will finalize adoption. Mayor Hornady has proclaimed the month of November, 2010 as "National Adoption Month" and would encourage citizens to help secure permanent, loving homes for each and every child in Grand Island, See attached PROCLAMATION. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C2 Recognition of the City of Grand Island for Safety Award The City of Grand Island recently received the GO Safety Award at the annual Great Plains Safety and Wellness Conference in Kearney, Nebraska. Governor Dave Heineman presented the award to Tami Herald, Don Jelinek, and Brenda Sutherland on behalf of the City. This award is for governments (city, county, state, and schools) which have shown a commitment to reducing employee injury rates through safety education, training, and risk reduction. The City was recognized for the efforts of its Citywide Safety Committee in creating a safety manual, conducting organized meetings and inspections to identify and mitigate safety hazards for City employees as well as the general public that uses City facilities for services and recreation. The Citywide Safety Committee has employee representation from departments throughout the City. This commitment to safety resulted in the City’s experience rating dropping from 1.15 in the 2008/ 2009 budget year to .94 in the 2009/ 2010 budget year. This rating has a direct impact on insurance premiums paid by the City. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Item E1 Public Hearing on Request from Casey’s Retail Company dba Casey’s General Store #2903, 3428 West Capital Avenue for a Class “B” Liquor License Tuesday, October 26, 2010 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: October 26, 2010 Subject: Public Hearing on Request from Casey’s Retail Company dba Casey’s General Store #2903, 3428 West Capital Avenue for a Class “B” 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 Casey’s Retail Company dba Casey’s General Store #2903, 3428 West Capital Avenue has submitted an application for a Class “B” Liquor License. A Class “B” Liquor License allows for the sale beer off 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 this application was a Liquor Manger Designation request from Tina Krings, 1009 Milan Drive #7, Norfolk, Nebraska. 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 Casey’s Retail Company dba Casey’s General Store #2903, 3428 West Capital Avenue for a Class “B” Liquor License contingent upon final inspections and Liquor Manager designation for Tina Krings, 1009 Milan Drive #7, Norfolk, Nebraska contingent upon Ms. Krings completing a state approved alcohol server/seller training program. C CB C D C B D AICI C Webb Rd NState St W Diers Ave NCapital Ave W US Highway 281 NOld Highway 2 W College St Sheridan AveSherman BlvdHoward Ave NHancock AvePiper StCarleton AveNebraska Highway 2 W 17th St W 16th St WEbony LnCottage St Westside StO Flannagan StForrest St 15th St W 14th St WSummerfield AveSt Patrick AveNorseman Ave Curran Ave 18th St WAspen CirOverland DrWaugh St WChantilly StLawrence LnKelly St Howard PlWarbler CirBrennen LnKingston CirImperial PlHoward CtSt James PlGrove AveSherman CtUS Highway 281 NHancock AveUS Highway 281 NUS Highway 281 NPiper StWaugh St W µ New Liquor Application3428 Capital Ave Legend Liquor License Locations Liquor_Licenses_App_3428_Capital 10/07/10 Grand Island Police Department 450 15:30 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 11:10:01 10/06/2010 Occurred before : 11:10:01 10/06/2010 When reported : 11:10:01 10/06/2010 Date disposition declared : 10/06/2010 Incident number : L10100762 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 3428 Capital Ave W State abbreviation : NE ZIP Code : 68803 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 4612 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------------- NM 114448 10/07/10 Krings, Tina M Liquor Manager NM 160318 10/07/10 Casey's General Store, Business LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT07 Convenience Store LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application for Casey's and a Liquor Manager Application from Tina Krings. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 10/07/10 Grand Island Police Department 450 15:30 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 13:41:06 10/07/2010 318 Grand Island Police Department Supplemental Report Date, Time: Thu Oct 07 13:41:21 CDT 2010 Reporting Officer: Vitera Unit- CID It appears that this new Casey's store is going to be at the northeast corner of Capital and Hwy. 281 where the Sapp Brother's store used to be. Grand Island has several other Casey's stores that sell beer. I received applications in April when Casey's bought out the Holiday Stores on South Locust and West 2nd Street. I've also looked at liquor license applications from Casey's at Five Points and on North Eddy. I'm not aware of any alcohol related problems at any of the Casey's stores. On the current application, Tina Krings is listed as the liquor manager. She was also listed on the Eddy store's application in 2007 and on the South Locust and West 2nd Stores' applications in 2010. There were no problems with Tina in 2007 or earlier this year. I checked her again through Spillman and NCJIS to make sure no criminal concerns popped up in the last six months, and I didn't find anything. The following information has been copied from one of my earlier Casey's investigations and pertains to this one: The first thing I noticed about the liquor license application was that it listed seven people involved with the Casey's Corporation. All seven people are married which puts the total number of people listed on the application at fourteen. All fourteen people have Iowa addresses. Ten of the fourteen people disclosed violations where the application asks if anyone has been convicted of or plead guilty to any charge. All of the convictions were traffic related. Since I can't run criminal history checks for liquor license investigations, and all of the applicants live out of state, this investigation will have to rely on the fingerprint submissions, NSP investigation, and the NLCC decision. Since there are other Casey's stores in town that sell alcoholic beverages, they have obviously gotten licenses in the past. I can't imagine that there have been any significant changes from the old applications to this one. Assuming there are no problems at the State level, the Grand Island Police Department (GIPD) has no objection to Casey's obtaining a liquor license for their new store at Capital and Hwy. 281. The GIPD also has no objection to Tina Krings being the liquor manager. 10/07/10 Grand Island Police Department 450 15:30 LAW INCIDENT TABLE Page: 3 Item E2 Public Hearing for a 2010 Economic Development - Community Development Block Grant for Infrastructure Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: October 26, 2010 Subject: Approving Community Development Block Grant Economic Development Grant Application for the Platte Valley Industrial Park Item #’s: E-2 & G-4 Presenter(s): Joni Kuzma, Community Development Administrator Background The City of Grand Island is eligible to apply for an Economic Development - Community Development Block Grant for infrastructure improvements at the Platte Valley Industrial Park East. The grant would fund City water and sanitary sewer installation to enhance the Industrial Park for further development. Platte Valley Industrial Park is presently undeveloped. Since the entire development cost would be too much to expend at one time, the water and sewer project was given the highest priority for funding. The cost of providing the extension of City Water is $1.2 million and City Sanitary Sewer is estimated at $1 million for a total project cost of $2.2 million. A Community Development Block Grant has been prepared for $935,000 to fund $925,000 in activity costs and $10,000 in General Administration. The Economic Development Corporation has applied for and been granted $575,000 in LB-840 funds to assist in meeting those needs. The City of Grand Island would contribute $700,000. A 1:1 match is required. A public hearing is required 10 days prior to such hearing at a regularly scheduled Council meeting. A legal notice was published October 16, 2010 in the Grand Island Independent for a public hearing at the October 26, 2010 Council meeting. Discussion At this time the Council is requested to approve the Community Development Block Grant-Economic Development Grant application to fund water and sanitary sewer improvements at Platte Valley Industrial Park. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Community Development Block Grant-Economic Development Grant application 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 Community Development Block Grant-Economic Development Grant application. Sample Motion Move to approve the Community Development Block Grant-Economic Development Grant for infrastructure improvements at the Platte Valley Industrial Park and authorize the Mayor to sign all related documents. Item E3 Public Hearing for a 2010 Tourism Development - Community Development Block Grant Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: October 26, 2010 Subject: Approving Community Development Block Grant Tourism Development Grant Application for Renovations at the Grand Theatre Item #’s: E-3 & G-5 Presenter(s): Joni Kuzma, Community Development Administrator Background The City of Grand Island is eligible to apply for a Tourism Development - Community Development Block Grant for renovations at the Grand Theatre. The grant would fund Façade and Lobby renovations to enhance tourism at the theatre. A Community Development Block Grant has been prepared for $110,000 to fund $100,000 in activity costs and $10,000 in General Administration. The Grand Theatre will contribute matching funds of $250,000 to the project. A 25% match is required. The total cost for a portion of this project is projected to be $350,000. A public hearing is required 10 days prior to such hearing at a regularly scheduled Council meeting. A legal notice was published October 16, 2010 in the Grand Island Independent for a public hearing at the October 26, 2010 Council meeting. Discussion At this time the Council is requested to approve the Community Development Block Grant-Tourism Development Grant application to fund Façade and Lobby renovations to the Grand Theatre. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Community Development Block Grant-Tourism Development Grant application 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 Community Development Block Grant-Tourism Development Grant application. Sample Motion Move to approve the Community Development Block Grant-Tourism Development Grant for renovations at the Grand Theatre and authorize the Mayor to sign all related documents. Item E4 Public Hearing on Acquisition of Utility Easement - between Airport Road and Abbott Road, and East of North Road - Leon Stanczyk Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: October 26, 2010 Subject: Acquisition of Utility Easement – between Airport and Abbott Roads and between North and Webb Roads – Leon Stanczyk Item #’s: E-4 & G-9 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Easement negotiations are completed for a tract of property owned by Leon Stanczyk, located between Airport Road and Abbott Road, and east of North Road, in Hall County. A map of the proposed easement is attached. The negotiated price of the easement is $3,230.00. 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 Three Thousand Two Hundred Thirty and 00/100 Dollars ($3,230.00). Sample Motion Move to approve acquisition of the Utility Easement. Item F1 #9277 - Consideration of Amendments to Chapter 40 of the Grand Island City Code Relative to Storm Water Management Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: October 26, 2010 Subject: Consideration of Amendments to Chapter 40 of the Grand Island City Code Relative to Storm Water Management Item #’s: F-1 Presenter(s): Steven P. Riehle, Public Works Director Background On December 15, 2009 City Council approved the adoption of Chapter 40 to the City Code regarding illicit connections to the municipal separate storm sewer system (MS4). This is a requirement of the National Pollutant Discharge Elimination System (NPDES) permit for small Municipal Separate Storm Sewer Sytems (SMS4). Discussion The City's storm water permit from the Nebraska Department of Environmental Quality (NDEQ) requires the City to adopt a Storm Water Mangement Plan (SWMP) and address seven (7) Minimum Control Measures (MCMs). The 7 MCMs are: 1. Public Education and Outreach 2. Public Involvement/Participation 3. Illicit Discharge 4. Construction Site Storm Water Runoff Control 5. Post Construction Storm Water Management 6. Pollution Prevention/Good Housekeeping for Municipal Operations 7. Storm Water Monitoring The MCMs are accomplished by developing Best Management Practices (BMPs). The BMPs for MCM 4 are: 1. Develop an Erosioin and Sediment Control Ordinance 2. Conduct Site Inspections/Plan Review 3. Educate Contractors and Development Community 4. Develop Design Standards for Storm Water Runoff Control The BMPs for MCM 5 are: 1. Develop a Post Construction Ordinance 2. Develop BMP Inspection and Plan Review 3. Develop Educational Material for Development Community The Construction and Post Construction ordiance is a BMP directly supporting MCM 4: Construction Site Storm Water Runoff Control and MCM5: Post Construtcion Storm Water Management. A brief summary of the ordinance is in the attached PowerPoint. The complete ordinance that we are asking council to approve is attached. The changes or additions to Chapter 40 are shown in red on the ordinance. The adoption of these amendments to Chapter 40 of the City Code follow the timeline in the City’s storm water permit. The contractors, developers and engineers in the community have participated in meetings on storm water regarding upcoming regulations. The City has created a streamlined construction storm water permitting process that piggy backs the NDEQ’s process instead of duplicating. We’ve also created a simple process for smaller construction storm water sites. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the adoption of the amendments to Chapter 40 of the Grand Island City Code for Construction; Post- Construction; and Technical Standards, Specifications, and Guidance in connection with Storm Water Management. Sample Motion Move to approve the adoption of the amendments to Chapter 40 of the Grand Island City Code. Storm Water ManagementOrdinance for Construction Sites Storm Water Regulations•Federal Clean Water Act •1972 Federal Water Pollution Control Act•1977 Clean Water Act•Storm Water Regulations•1990 Phase I – Permit required for 5 Acre disturbed area with Large MS4s (100,000 pop)•1999 Phase II –lowered to 1 Acre Threshold with EPANDEQCity of Grand Island•1999 Phase II –lowered to 1 Acre Threshold with Small MS4s (10,000 pop)•2006 – G.I. MS4 Storm Water Permit Issued by NDEQ Storm Water Permit Requirements Minimum Control Measures (MCMs)•MCM 1: Public Education and Outreach•MCM 2: Public Involvement/Participation•MCM 3: Illicit Discharge•MCM 4: Construction Site Storm Water Runoff Control•MCM 5: Post Construction Storm Water Management•MCM 6: Pollution Prevention/Good Housekeeping for •MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations•MCM 7: Storm Water Monitoring Construction & Post Construction Storm Water Management•Nebraska Department of Environmental Quality (NDEQ) administers the National Pollutant Discharge Elimination administers the National Pollutant Discharge Elimination System (NPDES) Program•City of Grand Island’s Storm Water Management (SWMP) Program administers locally thru ordinance•Ordinance will empower the City of Grand Island to:•Track project•Monitor project•Ensure that erosion and sediment control measures •Ensure that erosion and sediment control measures are used•Make certain Storm Water controls are maintained after construction Best Management Practices (BMPs) to accomplish MCM 4 Construction Site Storm Water Runoff Control•BMP 1: Develop an Erosion and Sediment Control Ordinance(that’s why we are here this evening) (that’s why we are here this evening) •BMP 2: Conduct Site Inspections/Plan Review(we’ve started verbal inspections & plan reviews)•BMP 3: Educate Contractors and Development Community(already doing) •BMP 4: Develop Design Standards for Storm Water Runoff Control Measures (next step)Measures (next step) Best Management Practices (BMPs) to accomplish MCM 5 Post-Construction Storm Water Management•BMP 1: Develop a Post Construction ordinance •BMP 1: Develop a Post Construction ordinance •BMP 2: Develop BMP inspection and plan review•BMP 3: Develop educational material for development community •Required by the NPDES PermitConstruction Ordinance 40-1 Purpose/Intent•Controls land disturbances•Reduce soil erosion and sedimentation•Increase Storm Water quality•Conform to Environmental Laws•Within the City limits•Within the City limits Storm Water Management Ordinance §40-2. DEFINITIONS§40-3. APPLICABILITY§40-4. RESPONSIBILITY FOR ADMINISTRATION§40-5.SEVERABILITY§40-5.SEVERABILITY§40-6. ULTIMATE RESPONSIBILITY§40-7. ILLICIT DISCHARGE§40-8. ALLOWED DISCHARGE§40-9. ILLICIT CONNECTION§40-10. SUSPENSION OF STORM DRAINAGE SYSTEM ACCESS§40-11. CONSTRUCTION§40-12. POST-CONSTRUCTION§40-13. TECHNICAL STANDARDS, SPECIFICATIONS, AND GUIDANCE§40-14. MONITORING OF DISCHARGES§ 40-15. BEST MANAGEMENT PRACTICES§40-16. WATERCOURSE PROTECTION§40-17. NOTIFICATION OF DISCHARGES AND SPILLS§40-18.NOTICEOFVIOLATION§40-18.NOTICEOFVIOLATION§40-19. APPEAL OF NOTICE OF VIOLATION§40-20. ENFORCEMENT MEASURES§40-21. COST OF ABATEMENT OF THE VIOLATION§40-22. INJUNCTIVE RELIEF§40-23. VIOLATIONS DEEMED A PUBLIC NUISANCE§40-24. CRIMINAL PROSECUTION§40-25. REMEDIES NOT EXCLUSIVE Ordinance 40-11 (A) General Requirements for Construction:Storm Water Ordinance•Require proof of coverage from NDEQ on construction site equal to or greater than 1 acre•Invited to pre-construction meeting •Designated wash-out area for concrete trucks•Sediment track-out or silt on the street cleaned up ASAP •Ordinance 40-11 (B) Requirements for Building Phase of Development: •The following information shall be included with the Storm Water Ordinance•The following information shall be included with the application for a building permit and submitted to Public Works Dept•NDEQ permit number for the Larger Common Plan of Development•The location •Contractor acknowledgement that the •Contractor acknowledgement that the construction will conform to this ordinance•Contractor signature/Initials on individual lot SWPPP/NOI•Contractor signature on large lot or large development SWPPP •Ordinance 40-11 (C) Construction Stormwater Pollution Prevention Plan (SWPPP)The SWPPP shall: Storm Water OrdinanceThe SWPPP shall: •Signed•Maintain current•Include an erosion and sediment control plan•Readily available•Inspect all BMPs at intervals of no greater than 14 days•Inspect all BMPs at intervals of no greater than 14 days•Inspect 24-hours after one half inch rain•Modifications completed within 7 calendar days of notice•Maintain records/Inspections with SWPPP Storm Water Ordinance 40-11 (C) Storm Water Pollution Prevention Plan (SWPPP) - Prepared using local standards and specifications- Update as necessary- Available upon request- Include Erosion & Sediment Control •Ordinance 40-11 (D) Requirements for Utility ConstructionStorm Water Ordinance•Develop and implement BMPs •Repairs to disturbed BMPs completed within 48 hours Construction Storm Water ManagementTrack-out Photos Construction Storm Water ManagementErosion Sediment Control Ordinance 40-12 (A) Post-Construction Requirement of Permanent BMPs:Storm Water Ordinance•Must address storm water runoff quality through the use of BMPs•Structural BMPs located on private property shall maintained by owner Construction Storm Water ManagementPost-Construction Photos Construction Storm Water ManagementPost-Construction Photos Continued Construction Storm Water ManagementPost-Construction Photos Continued Construction Storm Water ManagementPost-Construction Photos Continued Summary on Construction/Post-Construction Storm Water ManagementPassing Ordinance Chapter 40 on Construction and Post-Passing Ordinance Chapter 40 on Construction and Post-Construction meets the requirements set forth within the City of Grand Island’s Storm Water Management Program and the National Pollutant Discharge Elimination System permit process. QUESTIONS CHAPTER 40 STORM WATER MANAGEMENT ORDINANCE NO. 9277 §40-1. PURPOSE/INTENT. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of Grand Island, Nebraska through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. In addition, to control land disturbances, or eliminate soil erosion and sedimentation within the City of Grand Island, Ne. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System permit process. The objectives of this ordinance are: (1) To regulate the contribution of pollutants to the municipal separate storm sewer system by discharges by any person. (2) To prohibit illicit connections and discharges to the municipal separate storm sewer system. (3) To prevent non-storm water discharges generated as a result of spills, inappropriate dumping, or disposal to the City of Grand Island separate storm drainage system. (4) To reduce pollutants in stormwater discharges from construction activity by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land. (5) To require the construction of locally-approved, permanent stormwater runoff controls to protect water quality and maintain non-erosive hydrologic conditions downstream of construction activity and development. (6) To require responsibility for and long-term maintenance of structural stormwater control facilities and nonstructural stormwater management. (7) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance. §40-2. DEFINITIONS. For the purposes of this ordinance, the following shall mean: Authorized Enforcement Agency: The City of Grand Island and its employees or third parties designated to enforce this ordinance. Best Management Practices: Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. Best Management Practices also include treatment practices, operating procedures, and practices to control site runoff, spillage, leaks, sludge disposal, water disposal, or drainage from raw materials storage. Building Phase of Development: Period of construction activity when a portion(s) of a common plan of development or sale requires a building permit. Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Common Plan of Development or Sale: A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan which may include, but is not limited to, an announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, ect.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot. Construction Activity: Activities subject to National Pollutant Discharge Elimination System Construction Permits. Such activities include, but are not limited to, clearing, grubbing, grading, excavating, demolition and other land disturbing actions. Construction Site: Any location where construction activity occurs. Contractor: Any person performing or managing construction work at a construction site, including, but not limited to, any construction manager, general contractor or subcontractor, and any person engaged in any one or more of the following: earthwork, pipework, paving, building, plumbing, mechanical, electrical, landscaping or material supply. Clearing: Any activity that removes the vegetative surface cover. Disturbed Area: Area of the land’s surface disturbed by any work or activity upon the property by means including but not limited to grading, excavating, stockpiling soil, fill, or other materials, clearing, vegetation removal, removal or deposit of any rock, soil, or other materials, or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned for agricultural use. Drainage Plan: A schematic of the proposed area and how it connects to city’s storm sewer system. Include proposed location, grade, direction of flow, elevations, drainage structures and drainage areas. Earthwork : The disturbance of soil on a site associated with construction activities. Erosion: The detachment and movement of soil or rock fragments by water, wind, ice or gravity. Erosion Control: Measures that prevent soil erosion to the maximum extent practicable. Erosion and Sediment Control Plan: A plan that indicates the specific measures and sequencing to be used for controlling sediment and erosion on a development site during construction activity according to locally approved standards, specification, and guidance. Final Stabilization: When all soil disturbing activities at the site have been completed, and vegetative cover has been established with a uniform density of at least 70 percent of pre- disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this Ordinance, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site is considered final stabilization. Financial Security: A surety bond, performance bond, maintenance bond, irrevocable letter of credit, or similar guarantees provided to the City of Grand Island to assure that a construction Stormwater Pollution Prevention Plan is carried out in compliance with requirements of this Ordinance. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Discharge: Any direct or indirect non-storm water discharge to the storm drainage system unless exempted by this ordinance. Illicit Connections: (a) Any drain or conveyance, whether on the surface or subsurface, which allows any illicit discharge to enter the storm drainage system including, but not limited to, any conveyance which allows any non-storm water discharge including sewage, process wastewater, or wash water to enter the storm drainage system. (b) Any connections to the storm drainage system from indoor drains and sinks regardless of whether said drain or connection has been previously allowed, permitted, or approved by an authorized enforcement agency. (c) Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. (d) An Illicit Connection does not include connections that have been formerly approved or connections that are allowed under section 40-8 of this code. Industrial Activity: Activities subject to National Pollutant Discharge Elimination System Industrial Permits. Municipal Separate Storm Sewer System: Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage ditches/channels, reservoirs, and other drainage structures. National Pollutant Discharge Elimination System Storm Water Discharge Permit: Means a permit issued by Environmental Protection Agency (or by the State of Nebraska under authority delegated to it) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. NDEQ: Nebraska Department of Environmental Quality. N.O.I.: Notice of Intent. N.O.T.: Notice of Termination. Outfall: The point of discharge to any watercourse from a public or private stormwater drainage system. Non-Storm Water Discharge: Any discharge to the storm drainage system that is not composed entirely of storm water. Operator: The individual who has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties. It is anticipated that at different phases of a construction project, different types of parties will satisfy the definition of 'operator' and the pertinent portions of any applicable permit authorization from the State of Nebraska will be transferred as the roles change. Owner: The person who owns a facility, development, part of a facility, or land. Permittee: The applicant in whose name a valid permit is issued. Person: Any individual, association, organization, partnership, firm, corporation or other entity recognized by law. Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next. Pollutant: Anything which causes or contributes to pollution. Pollutants include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Post-Construction: The general time period referenced in perpetuity from the approval for final acceptance of the construction phase of any construction activity. Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Receiving Water: Any water of the State of Nebraska, including any and all surface waters that are contained in or flow in or through the State of Nebraska, all watercourses, even if they are usually dry, irrigation ditches that receive municipal stormwater, and storm sewer systems owned by other entities. Sediment: Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person. Sediment control: Measures that prevent eroded sediment from leaving the site. Site: The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity. Site plan: A plan or set of plans showing the details of any land disturbance activity of a site including but not limited to the construction of structures, open and enclosed drainage facilities, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings and landscaping. Spill: A release of solid or liquid material, which may cause pollution of the Municipal Separate Storm Sewer System or waters of the State. Stabilization: The use of practices that prevent exposed soil from eroding. Storm Drainage System: Publicly-owned facilities by which storm water is collected and/or conveyed, including, but not limited to; any roads with drainage systems; municipal streets; gutters; curbs; inlets; piped storm drains; pumping facilities; retention and detention basins; natural and human-made or altered drainage channels; reservoirs; and other drainage structures. The storm drainage system in Grand Island is a municipal separate storm sewer system as defined by applicable federal regulations. Storm Water: Any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater Pollution Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters to the maximum extent practicable. Subdivision Development: Includes activities associated with the platting of any parcel of land into two or more lots and all construction activity taking place thereon. Utility Agency/Contractor: Private utility companies, public utility departments, or other utility providers, contractors working for such private utility companies, or public entity utility departments, or other utility providers engaged in the construction or maintenance of utility lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services. Wastewater: Means any water or other liquid, other than uncontaminated storm water, discharged from any premises or facility. Wastewater includes sewage that is treated at the City’s Waste Water Treatment Plant. Waters of the State: Any and all surface and subsurface waters that are contained in or flow in or through the State of Nebraska. The definition includes all watercourses, even if they are usually dry. §40-3. APPLICABILITY. This ordinance shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted. §40-4. RESPONSIBILITY FOR ADMINISTRATION. The City of Grand Island shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the City of Grand Island may be delegated by the Mayor or City Administrator to persons or entities acting in the beneficial interest of or in the employ of the City. §40-5. SEVERABILITY. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance. §40-6. ULTIMATE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards. Compliance with this ordinance does not act as a waiver or defense to any person for contamination, pollution, or unauthorized discharge of pollutants. Ultimate responsibility for prohibited acts rests with persons who own or are in possession or control of premises from which the discharge of contaminates or pollutants emanates. §40-7. ILLICIT DISCHARGE. No person shall discharge or cause to be discharged into the municipal storm drainage system or watercourses any materials including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards. The commencement, conduct or continuance of any illicit discharge to the storm drainage system is prohibited except as allowed under section 4-8 of this code described. §40-8. ALLOWED DISCHARGE. (a) The following discharges are exempt from discharge prohibitions established by this ordinance: Water line flushing or other potable water sources; landscape irrigation or lawn watering; diverted stream flows; rising ground water; ground water infiltration to storm drains; uncontaminated pumped ground water; foundation or footing drains (not including active groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs; non-commercial washing of vehicles; natural riparian habitat or wet-land flows; swimming pools (if dechlorinated - typically less tha n one PPM chlorine); fire fighting activities; and any other water source not containing Pollutants. (b) Discharges determined by the City to be necessary to protect public health and safety. (c) Dye testing if the City is notified in writing prior to the time of the test. (d) Any non-storm water discharge permitted under an National Pollutant Discharge Elimination System permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainage system. §40-9. ILLICIT CONNECTION. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system are prohibited. (a) This prohibition expressly includes, without limitation, illicit connections made in the past regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (b) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage or pollutants to the Municipal Separate Storm Sewer System or allows such a connection to continue. §40-10. SUSPENSION OF STORM DRAINAGE SYSTEM ACCESS. Suspension due to Illicit Discharges in Emergency Situations The City of Grand Island may, without prior notice, suspend storm drainage system discharge access to a person when the City deems it necessary to prevent an actual or threatened discharge which presents or may present imminent and substantial danger to: the environment; to the health or welfare of persons or to the storm drainage system; or to waters of the United States of America. If the person fails to comply with a suspension order issued in an emergency, the City of Grand Island may take such steps as deemed necessary to preve nt or minimize damage to persons, the storm drainage system, waters of the United States of America. Suspension due to the Detection of Illicit Discharge Any person discharging to the storm drainage system in violation of this ordinance may have their storm drainage system access terminated if such termination would abate or reduce an illicit discharge. The City will notify a person of the proposed termination of storm drainage system access by personal delivery or by United States Mail. The person may request a hearing before the City Director of Public Works by delivering such request in writing to the City Clerk. The person is not entitled to a stay of the termination pending any such hearing. A person commits an offense if the person accesses or attempts to access the storm drainage system from premises terminated pursuant to this Section, without the prior approval of the City. §40-11. CONSTRUCTION. (A) GENERAL REQUIREMENTS FOR CONSTRUCTION ACTIVITIES. (1) Except for construction activity relating to the Building Phase of Development, the City of Grand Island shall require proof of coverage by a NDEQ general permit authorization for Storm Water Discharges from Construction Sites before providing approval for construction activity and land developments requiring –including but not limited to –site plan applications, subdivision applications, building applications, and right-of-way applications from the City of Grand Island, unless exempt pursuant to Subsection (a) below. These provisions apply to all portions of any plan for land disturbing activity which would cause the disturbance of at least one acre of soil even though multiple, separate and distinct land development activities within the overall development may take place at different times on different schedules. (a) The following activities are exempt from this Ordinance: (i) Any emergency activity that is necessary for the immediate protection of life, property, or natural resources; and (ii) Construction activity that provides maintenance and repairs performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility. (2) The city shall be invited to the pre-construction meeting to review the installation of all temporary erosion and sediment control BMPs included on the approved erosion and sediment control plan at least two (2) business days before any construction activities are scheduled to start. (3) Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of BMPs. Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste. Uncontained waste that may blow, wash or otherwise be released from the site is prohibited. Sanitary waste facilities shall be provided and maintained in a secured manner. (4) Ready-mixed concrete, or any materials resulting from the cleaning of vehicles or equipment containing such materials or used in transporting or applying ready-mixed concrete, shall not be allowed to discharge from any construction site. Concrete wasted on site must be disposed in a manner consistent with locally approved standards and generally require establishment of a designated wash-out area. (5) Cover or perimeter control shall be applied within 14 days to any soil stockpiles, which will remain undisturbed for longer than 30 calendar days. (6) Disturbed soil shall be managed with BMPs that are adequately designed, installed, and maintained according to locally-approved technical standards, specifications and guidance for the duration of the construction activity to minimize erosion and contain sediment within the construction limits. (7) Sediment tracked or discharged onto public right-of-way shall be removed immediately. (8) Bulk storage structures for petroleum products and other chemicals shall have adequate protection to contain all spills and prevent any spilled material from entering the MS4 or waters of the State. (9) Temporary BMPs shall be removed and disturbed areas shall be stabilized with permanent BMPs at the conclusion of construction activity. (B) REQUIREMENTS FOR THE BUILDING PHASE OF DEVELOPMENT. (1) Any person who engages in construction activity is responsible for compliance with this Ordinance and all applicable terms and conditions of the approved construction activity and SWPPP as it relates to the building phase of development. The following information shall be included with the application for a building permit and be submitted to the Public Works Department: (2) Either the legal description and NPDES permit number for the Larger Common Plan of Development; OR (3) The location of the property where the building phase of development is to occur; AND (4) Contractor acknowledgement that the building phase of development for the property described on the application for a building permit will be conducted in conformance with Chapter 40 of the Municipal Code and the Construction Activity SWPPP. (C) CONSTRUCTION STORMWATER POLLUTION PREVENTION PLAN. (1) A SWPPP shall be prepared and updated in accordance with locally-approved technical standards, specification, and guidance for construction activity within the City of Grand Island and shall include an erosion and sediment control plan for land disturbance. (2) The SWPPP shall include a description of all potential pollution sources, temporary and permanent BMPs that will be implemented at the site as approved by the City of Grand Island. (3) The erosion and sediment control plan shall be submitted to the City of Grand Island for review with any application covered in 40-11 (a) (1) of this Ordinance. (4) Land disturbing activities may not proceed until approval of the erosion and sediment control plan is provided by the City of Grand Island. (5) The owner or operator is required to have a copy of the SWPPP readily available or on site for review with content that reflects the current condition of the construction activity and all records that demonstrate compliance and are required by this Ordinance. (6) The SWPPP shall include a description of routine site inspections. (a) The owner or their representative shall inspect all BMPs at intervals of no greater than 14 calendar days and within 24-hours after any precipitation event of at least one half inch. (b) Inspections of BMPs shall be conducted by an individual knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any erosion and sediment control measures selected to control the quality of stormwater discharges from the constructio n activity. (c) Inspection reports shall provide the name and qualification of the inspector, date of the evaluation, risks to stormwater quality identified, and all corrective actions necessary to prevent stormwater pollution. (d) The owner or operator of a construction activity may be requested to submit copies of inspection reports for review on a periodic basis by the City of Grand Island. (7) Based on inspections performed by the owner, operator, authorized City of Grand Island personnel, State or Federal regulators, modifications to the SWPPP will be necessary if at any time the specified BMPs do not meet the objectives of this Ordinance. In this case, the owner shall meet with an appointed official of the City of Grand Island to determine the appropriate modifications. All required modifications shall be completed within seven (7) calendar days of receiving notice of inspection findings, and shall be recorded in the SWPPP. (8) The owner or operator of a construction site shall be responsible for amending the SWPPP whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWPPP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with land disturbance. (9) Records of inspection are to be maintained with the SWPPP for the life of the project. Inspection records are to be available to City of Grand Island inspectors upon request. Delay in providing a copy of the SWPPP or any requested records shall constitute a violation of this Ordinance. (d) REQUIREMENTS FOR UTILITY CONSTRUCTION. (1) Utility agencies or their representatives shall develop and implement BMPs to prevent the discharge of pollutants on any site of utility construction within the City of Grand Island. The City of Grand Island may require additional BMPs on utility construction activity. If the utility construction disturbs greater than one (1) acre, the utility agency must comply with the requirements of Section 40-11 (a) & (b) of this Ordinance. (2) Utility agencies or their representative shall implement BMPs to prevent the release of sediment from utility construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site exits shall be managed to prevent sediment tracking. Sediment tracked onto public right-of-way shall be removed immediately. (3) Prior to entering a construction site or subdivision development, utility agencies or their representatives shall obtain and comply with any approved erosion and sediment control plans for the project. Any impact to construction and post-construction BMP’s resulting from utility construction shall be evaluated prior to disturbance by the developer and utility company. Repairs to the disturbed BMPs must be completed within forty eight (48) hours, by individuals agreed upon during the design phase or at a preconstruction meeting. §40-12. POST-CONSTRUCTION. (A) POST–CONSTRUCTION REQUIREMENT OF PERMANENT BMPs. (1) Land development that meets the requirements of Section 40-11 (a) (1) must address stormwater runoff quality through the use of perma nent BMPs. Permanent BMPs shall be provided for in the drainage plan for any subdivision plat, annexation plat, development agreement, subdivision agreement or other local development plan. (2) Structural BMPs located on private property shall be owned and operated by the owner(s) of the property on which the BMP is located; unless the City of Grand Island agrees in writing that a person or entity other than the owner shall own or operate such BMP. As a condition of approval of the BMP, the owner shall also agree to maintain the BMP in perpetuity to its design capacity unless or until the City of Grand Island shall relieve the property owner of that responsibility in writing. The obligation to maintain the BMP shall be memorialized on the subdivision plat, annexation plat, development agreement, subdivision agreement or other form acceptable to the City of Grand Island and shall be recorded with the City of Grand Island Public Works Department. (B) COMPLETION OF PERMANENT BMP’S. Upon comp letion of a project, the City of Grand Island shall be provided a written certification stating that the completed project is in compliance with the approved Final Drainage Plan. All applicants are required to submit “as built” plans for any permanent BMPs once final construction is completed and must be signed by a professional engineer licensed in the State of Nebraska. (C) ONGOING INSPECTION AND MAINTENANCE OF PERMANENT BMPS. (1) The owner of site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the City of Grand Island, execute an inspection and maintenance agreement, that shall be binding on all subsequent owners of the permanent BMPs. (2) Permanent BMPs included in a Drainage Plan which is subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this Ordinance. §40-13. TECHNICAL STANDARDS, SPECIFICATIONS, AND GUIDANCE. All BMPs designed to meet the requirements of this Ordinance shall reference the appropriate technical standards, specifications and guidance as follows: (1) City of Grand Island Standards and Specifications for Construction. (2) Nebraska Department of Roads Drainage Design and Erosion Control Standards, Specifications and Guidance. (3) Any other alternative methodology approved by the City of Grand Island, which is demonstrated to be effective. §40-14. MONITORING OF DISCHARGES. (a) Applicability. This section applies to all premises that have storm water discharges associated with industrial activity, including construction activity. (b) Access to premises. (1) The City of Grand Island’s designees shall be permitted to enter and inspect premises and facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City. (2) The City’s designees shall be given access to all parts of the premises for the purposes of: inspection; sampling; examination and copying of records that must be kept under the conditions of the National Pollutant Discharge Elimination System permit to discharge storm water; and the performance of any additional duties as defined by state and federal law. (3) The City may place upon the premises such devices as deemed necessary to conduct monitoring and/or sampling of discharges from the premises. (4) The City of Grand Island may require a person to install monitoring equipme nt as necessary. Sampling and monitoring equip ment shall be maintained at all times in a safe and proper operating condition at no expense to the City. All devices used to measure storm water flow and quality shall be calibrated to ensure accuracy. (5) Any obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed at the request of the City and shall not be replaced. The costs of clearing such access shall not be paid by the City. (6) Unreasonable delays in allowing Grand Island City designees access to premises is a violation of a storm water discharge permit and of this ordinance. A person who is the operator of a facility or premises with a National Pollutant Discharge Elimination System permit to discharge storm water associated with industrial activity commits an offense if the person denies the City reasonable access for the purpose of conducting any activity authorized or required by this ordinance. (7) If a City of Grand Island designee has been refused access to any part of the premises from which storm water is discharged, the City of Grand Island may seek issuance of a search warrant from any court of competent jurisdiction. §40-15. BEST MANAGEMENT PRACTICES. The City of Grand Island may adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drainage system, or waters of the United States of America. The owner or operator of a commercial or industrial establishment shall provide, at the owner or operator’s expense, reasonable protection from discharge of prohibited materials or other wastes into the municipal storm drainage system or watercourses through the use of these structural and non- structural Best Management Practices. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural Best Manage ment Practices to prevent the further discharge of pollutants to the municipal separate storm sewer system. These Best Management Practices shall be part of a storm water pollution prevention plan as necessary for compliance with requirements of any National Pollutant Discharge Elimination System permit. §40-16. WATERCOURSE PROTECTION. Every person owning property through which a watercourse passes, and such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. §40-17. NOTIFICATION OF DISCHARGES AND SPILLS. Not withstanding other requirements of law, as soon as any person responsible for a facility, premises, or operation, has information of any known or suspected release of materials which result or may result in illegal discharges or pollutants discharging into storm water, the storm drainage system, or waters of the United States of America, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such release of hazardous materials, said person shall immediately notify emergency response agencies and the City of Grand Island of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the City of Grand Island in person or by phone or facsimile no later than the next business day. Notifications in person, by phone, or by facsimile shall be confirmed by written notice addressed and mailed to the City of Grand Island within three business days of the prior notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. §40-18. NOTICE OF VIOLATION. Whenever the City of Grand Island finds that a person has violated or failed to meet a requirement of this Ordinance, the City’s designee may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (a) The performance of monitoring, analyses, and reporting; (b) The elimination of illicit connections or discharges; (c) That violating discharges, practices, or operations shall cease and desist; (d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; (e) Payment of costs to cover administrative and remediation expenses; (f) The implementation of source control, treatment, and prevention practices. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator and may be assessed against the real estate or collected by civil action. §40-19. APPEAL OF NOTICE OF VIOLATION. Any person receiving a notice of violation may appeal the determination. The notice of appeal must be received within 10 days from the date of the notice of violation. Hearing on the appeal before the Director of Public Works or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the Director shall be final. §40-20. ENFORCEMENT MEASURES. If the violation has not been corrected as set forth in the notice of violation, or, in the event of an appeal, within 25 days of the original deadline if the Director upholds the notice of violation, then representatives of the City of Grand Island may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the City’s designees or agents to enter upon the premises for the purposes set forth above. §40-21. COST OF ABATEMENT OF THE VIOLATION. After abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within 30 days, the City of Grand Island may sue to recover the costs through a civil action or levy and assess the costs against the real estate in the manner of special assessments. §40-22. INJUNCTIVE RELIEF. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this ordinance, the City of Grand Island may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. Injunctive relief shall be in addition to any other remedy available under this ordinance or any other federal or state law. §40-23. VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be abated or restored at the violator's expense, in the same manner as other nuisances under the Grand Island Municipal Code. §40-24. CRIMINAL PROSECUTION. Any person violating any provision of this ordinance shall, upon conviction, be guilty of an infraction. Each day shall constitute a separate offense and be punishable by a fine of $100.00. Criminal fines shall be in addition to any civil remedies available under Grand Island Municipal Code. §40-25. REMEDIES NOT EXCLUSIVE. The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. PASSED AND APPROVED this 26th day of October, 2010. ATTEST: _______________________________ _______________________________ City Clerk Mayor (SEAL) Approved as a form:_________________________________ City Attorney Item G1 Approving Minutes of October 12, 2010 City Council Regular Meeting Tuesday, October 26, 2010 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 October 12, 2010 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 October 12, 2010. Notice of the meeting was given in The Grand Island Independent on October 6, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Meyer, Niemann, Gilbert, Carney, Dugan, Nickerson, Zapata and Gericke. Councilmember’s Haase and Ramsey were absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown, Assistant City Attorney Jason Eley, and Public Works Director Steve Riehle. INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council members Dan Carlson and Reyna Raymundo and Board member Craig Garrett. Mayor Hornady encouraged voters to approve Ballot Amendment No. 1 in the November election regarding funding for Economic Development. PRESENTATIONS AND PROCLAMATIONS: Recognition of “Savvy Awards”. Mayor Hornady and the City Council recognized Paige Liess, Brad Foster, and Jeremy Watson for receiving two national Savvy Awards by the City-County Communications and Marketing Association (3CMA). First place in the category of Special Events-One Time Event was for the “Leave-a Mark, Adopt-a-Park” event sponsored by the County Youth Council in partnership with the Parks Department. Second place in the category of TV Promotional Video was for the Police Recruitment Video, entitled “A Dedication to Serve”. Mayor Hornady recognized Public Information Officer Wendy Meyer-Jerke for being voted in by the 3CMA membership to become a member of the 3CMA National Board of Directors. Mayor Hornady introduced Assistant City Attorney Jason Eley filling in for City Attorney Dale Shotkoski. PUBLIC HEARINGS: Public Hearing on Request from Olsson Associates on behalf of Helen Foreman for a Conditional Use Permit for a Soil Vapor Extraction and Air Sparge Remediation Trailer Located near 1515 West 2nd Street. Craig Lewis, Building Department Director reported that Olsson Associates on behalf of Helen Foreman had submitted an application for a conditional use permit for a Soil Vapor Extraction and Air Sparge Remediation trailer located near 1515 West 2nd Street. Staff recommended approval with the following cond ition: the proposed picket fence be maintained at a height of 6’ around the trailer and associated equipment during the duration of the conditional use permit. No public testimony was heard. Page 2, City Council Regular Meeting, October 12, 2010 Public Hearing on Acquisition of Utility Easement Located at 2923 and 2915 West Louise Street (Rhoads Enterprises, Inc.). Gary Mader, Utilities Director reported that a utility easement was needed at 2923 and 2915 West Louise Street in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to locate a transformer and underground cable to two four unit apartments at these addresses. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 3321 Island Circle and 702 South Webb Road (GMD, LLC & Lacy Construction Company). Gary Mader, Utilities Director reported that a utility easement was needed along the south side of property located at 3321 Island Circle and 702 South Webb Road in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to locate primary electrical cable and new transformer. Also to allow the Utilities Department to create a loop through the property so each transformer would have the ability to be fed from two directions. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of a Portion of South Locust Street between the Grand Island City Limits and the Northernmost Terminus of the Exit Ramps to the Interstate 80 Interchange (County of Hall, Nebraska). Steve Riehle, Public Works Director reported that acquisition of a portion of South Locust Street between the Grand Island City Limits and the northernmost Terminus of the Exit Ramps to the Interstate 80 Interchange was approved by Council on April 6, 1992 through an Inter-Local Agreement with Hall County upon completion of improvements and construction of South Locust Street. The 4-la ne roadway on South Locust Street had been completed and the Hall County Board approved the transfer of real estate to the City at their September 28, 2010 meeting. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #9278 – Consideration of Amending Ordinance No. 9141 for Sidewalk District No. 1, 2007 (Second and Final Reading) be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first 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. Motion by Meyer, second by Gilbert to approve Ordinance #9278 on second and final reading. City Clerk: Ordinance #9278 on second and final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9278 is declared to be lawfully adopted upon publication as required by law. Page 3, City Council Regular Meeting, October 12, 2010 CONSENT AGENDA: Consent Agenda items G-1 and G-16 were removed for further discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding items G-1 and G-16. Upon roll call vote, all voted aye. Motion adopted. #2010-270 – Approving City Council Meeting Schedule for 2011. #2010-271 – Approving Agreement for Funding with the Central Nebraska Ethnic Festival in an Amount of Approximately $300.00. #2010-272 – Approving Agreement for Funding with the Crisis Center, Inc. in an Amount of $7,680.00. #2010-273 – Approving Agreement for Funding with the Grand Island Area Council for International Visitors in an Amount of $640.00. #2010-274 – Approving Agreement for Funding with the Grand Island Hall County Convention & Visitors Bureau in an Amount of $6,400.00. #2010-275 – Approving Agreement for Funding with Izaak Walton Kids Fishing Derby in an Amount of $1,280.00. #2010-276 – Approving Agreement for Funding with Hope Harbor in an Amount of $2,880.00. #2010-277 – Approving Agreement for Funding with the Grand Island Multicultural Coalition in an Amount of $6,400.00. #2010-278 – Approving Agreement for Funding with Senior Citizens Industries, Inc. in an Amount of $9,600.00. #2010-279 – Approving Agreement for Funding with the Clean Community System in an Amount of $20,000.00. #2010-280 – Approving Memorandum of Understanding with the Coalition for Children and Court Appointed Special Advocates for Nebraska Foster Youth Council Project. #2010-281 – Approving Acquisition of Utility Easement Located at 2923 and 2915 West Louise Street (Rhoads Enterprises, Inc.). #2010-282 – Approving Acquisition of Utility Easement Located at 3321 Island Circle and 702 South Webb Road (GMD, LLC & Lacy Construction). #2010-283 – Approving Acquisition of Utility Easements for St. Libory Transmission Line by Condemnation – Leisers – Tracts 6 & 10. #2010-285 – Approving Agreement with NDOR for National Bridge Inspection Standards Responsibilities. Page 4, City Council Regular Meeting, October 12, 2010 #2010-286 – Approving Bid Award for Downtown Lawn/Landscape Maintenance and Sidewalk Snow Removal Adjacent to Parking Lots with Rick’s Lawn Care Company of Grand Island, Nebraska in an Amount of: Mowing - $35.00 each; Maintenance - $2,840.00 yearly lump sum; Snow Removal - $125.00 per hour; and Snow Shovel - $15.00 per hour/per shovel. #2010-287 – Approving Bid Award for One (1) 2011 Dozer with NMC, Inc. of Doniphan, Nebraska in an Amount of $668,899.00. #2010-288 – Approving Amendment #1 to Agreement for Landfill Re-Permitting with Aquaterra Environmental Solutions, Inc. of Omaha, Nebraska for an Increase of $15,879.00 and a Revised Agreement Amount of $59,484.00. #2010-289 – Approving Contract for Modification of Concrete Work at the Veterans Athletic Field Complex with Diamond Engineering Co. of Grand Island, Nebraska for an Increase of $58,32.00 and a Revised Contract Amount of $422,984.80. #2010-290 – Approving Assignment of Investment Advisory Contract with McCarthy Group Advisors, L.L.C. to Westwood Holdings Group, Inc. #2010-291 – Approving Extension of the Escrow Agreement for the Fieldhouse at Fonner Park with Wells Fargo Bank to June 30, 2011. Approving Minutes of September 28, 2010 City Council Regular Meeting. Councilmember Gericke questioned where item G-4 in the minutes was. City Clerk RaNae Edwards explained this item was the last one on the Consent Agenda. Motion by Gilbert, second by Gericke to approve the Minutes of September 28, 2010 City Council Regular Meeting. Upon roll call vote, all voted aye. #2010-284 – Approving Acquisition of a Portion of South Locust Street between the Grand Island City Limits and the Northernmost Terminus of the Exit Ramps to the Interstate 80 Interchange (County of Hall, Nebraska). Motion by Gericke, second by Dugan to approve Resolution #2010-284. Public Works Director Steve Riehle mentioned the future annexation of this property. Also mentioned was the background and contents of the 1992 Interlocal Agreement with Hall County approving the transfer of this property. Questioned was if this Council could be bound by something that was approved in 1992. Assistant City Attorney Jason Eley stated the Council was not bound by another Council’s decision, but the City would be bound to this agreement. Explained was this agreement was not only with Hall County, but the State of Nebraska Department of Roads. Motion by Gilbert, second Meyer to postpone a decision on Resolution #2010-284 until the October 26, 2010 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, October 12, 2010 REQUEST S AND REFERRALS: Consideration of Request from Olsson Associates on behalf of Helen Foreman for a Conditional Use Permit for a Soil Vapor Extraction and Air Sparge Remediation Trailer Located near 1515 West 2nd Street. This item related to the aforementioned Public Hearing. Discussion was held concerning other trailers like this and the time limit of the permit. Building Department Director Craig Lewis stated this trailer was being moved from another location and the permit would be for 2 years. Motion by Meyer, second by Carney to approve the request from Olsson Associates on behalf of Helen Foreman for a Conditional Use Permit for a Soil Vapor Extraction and Air Sparge Remediation Trailer located near 1515 West 2nd Street with the following condition: the proposed picket fence be maintained at a height of 6’ around the trailer and associated equipment during the duration of the conditional use permit. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of September 29, 2010 through October 12, 2010, for a total amount of $3,010,393.75. Unanimously approved. Motion by Dugan, second by Nickerson to approve the Claims for the Period of September 29, 2010 through October 12, 2010 for the Veterans Athletic Field Complex for a total amount of $37,794.87. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 7:40 p.m. RaNae Edwards City Clerk Item G2 Approving Re-Appointment of Scott Ericksen to the Regional Planning Commission The Mayor has submitted the Re-appointment of Scott Ericksen to the Regional Planning Commission. This appointment would become effective November 1, 2010 upon approval by the City Council and would expire on October 31, 2013. Approval is recommended. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G3 Approving Request from John Foss, 1425 West 112th Street, Kearney, Nebraska for Liquor Manager Designation for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue Tuesday, October 26, 2010 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: October 26, 2010 Subject: Request from John Foss, 1425 West 112th Street, Kearney, Nebraska for Liquor Manager Designation for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background John Foss, 1425 West 112th Street, Kearney, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “IK-39333” Liquor License for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Cont rol Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from John Foss, 1425 West 112th Street, Kearney, Nebraska fo r Liquor Manager Designation in conjunction with the Class “IK-39333” Liquor License for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue with the stipulation that Mr. Foss complete a state approved alcohol server/seller training program. 10/20/10 Grand Island Police Department 450 13:18 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 13:43:04 10/15/2010 Occurred before : 13:43:04 10/15/2010 When reported : 13:43:04 10/15/2010 Date disposition declared : 10/15/2010 Incident number : L10102000 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1016 Diers Ave N State abbreviation : NE ZIP Code : 68803 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 6374 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------------- LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor Manager Application from John Foss for Whiskey Creek. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 10/20/10 Grand Island Police Department 450 13:18 LAW INCIDENT TABLE Page: 2 1 Vitera D 10:37:02 10/20/2010 318 Grand Island Police Department Supplemental Report Date, Time: Wed Oct 20 10:37:20 CDT 2010 Reporting Officer: Vitera Unit #: CID In looking at this application, John Foss stated that he has lived in Kearney, Nebraska since 1987. It looks like he may have worked at the Whiskey Creek in Grand Island periodically between 2005 and 2008. There is no record of him in Spillman. He disclosed a DUI conviction on his application. I checked NCJIS and didn't find any other convictions. From purely a law enforcement records check perspective, a person who has lived in the State of Nebraska for 23 years and only has one conviction would seem to be a good candidate for a liquor manager. The GIPD has no objection to John Foss being the liquor manager at Whiskey Creek. Item G4 #2010-292 - Approving 2010 Economic Development - Community Development Block Grant Project for Infrastructure This item relates to the aforementioned Public Hearing Item E-2. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-292 WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local government authorized to receive Community Development Block Grant (CDBG) funds through the Nebraska Department of Economic Development; and WHEREAS, the Nebraska Department of Economic Development is offering a CDBG Economic Development Grant for activities that meet the CDBG national objective of benefiting low-to- moderate income persons; and WHEREAS, the City will apply for and administer a $935,000 Economic Development Grant ($925,000 project cost/$10,000 general administration) for water and sanitary sewer installation at Platte Valley Industrial Park East; and WHEREAS, the Grand Island Area Economic Development Corporation and the City of Grand Island have committed matching funds of $1,275,000 for a projected project cost of $2,200,000; and WHEREAS, the Nebraska Department of Economic Development presently requires a public hearing to accept comments and inform the public on the status of the proposed project and grant application; and WHEREAS, the public hearing on October 26, 2010, offers the public opportunity to make such comments to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to apply for an Economic Development grant from the Nebraska Department of Economic Development for infrastructure development at the Platte Valley Industrial Park and the Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of Grand Island for such grant programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________ RaNae Edwards, City Clerk Item G5 #2010-293 - Approving 2010 Tourism Development - Community Development Block Grant Project This item relates to the aforementioned Public Hearing Item E-3. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-293 WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local government authorized to receive Community Development Block Grant (CDBG) funds through the Nebraska Department of Economic Development; and WHEREAS, the Nebraska Department of Economic Development is offering a CDBG Tourism Development Grant for activities that meet the CDBG national objective of benefiting low-to- moderate income persons; and WHEREAS, the City will apply for and administer a $110,000 Tourism Development Grant ($100,000 project cost/$10,000 general administration) for Facade and Lobby renovations at the Grand Theatre; and WHEREAS, the Grand Theatre has committed matching funds of $250,000 for a projected project cost of $350,000; and WHEREAS, the Nebraska Department of Economic Development presently requires a public hearing to accept comments and inform the public on the status of the proposed project and grant application; and WHEREAS, the public hearing on October 26, 2010, offers the public opportunity to make such comments to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to apply for a Tourism Development Grant from the Nebraska Department of Economic Development for renovations at the Grand Theatre and the Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of Grand Island for such grant programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G6 #2010-294 - Approving Community Oriented Policing (COPS) Hiring Grant Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: October 26, 2010 Subject: Acceptance of COPS Hiring Grant Item #’s: G-6 Presenter(s): Steven Lamken, Police Chief Background The City of Grand Island has been awarded a U. S. Department of Justice, Office of Community Oriented Policing Services, COPS Hiring Grant for a total of $598,284.00. This grant will pay the salaries and most benefits of three entry level Police Officer positions for the Police Department for three years. The City is obligated to continue funding the three Police Officer positions for a minimum of one year after the grant expires. Discussion The City of Grand Island has been awarded a Federal Office of Community Oriented Policing Services COPS Hiring Grant for a total of $598,284.00. This grant will pay the salaries and most of the benefits of three entry level Police Officer positions of the Police Department for three years. The Council was made aware of the grant application in the spring of 2010 and the grant funded positions were discussed by the Council during the 2010/2011 budget process. The three officer positions were included in the 2010/2011 City Budget in anticipation of receiving the grant. The three grant funded positions will bring the Police Department’s strength to 60 Police Officers and a total sworn strength of 77 officers including supervisors and command staff. 77 sworn positions is the number the City Council desired to maintain in the budget deliberations and the number incorporated into the 2010/2011 City Budget in anticipation of receiving this grant. The City is obligated to continue funding the three Police Officer positions for a minimum of one year after the grant expires. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Postpone the issue to future date 3. Take no action on the issue Recommendation City Administration recommends that the Council approve the acceptance of the U.S. Department of Justice COPS Hiring Program grant of $598,284.00 for salary and benefits to hire three Police Officers over a three year period. Sample Motion Move to approve the acceptance of the U.S. Department of Justice COPS Hiring Program grant of $598,284.00 for salary and benefits to hire three Police Officers over a three year period. Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-294 WHEREAS, The City Of Grand Island has been awarded a U.S. Department of Justice, Community Oriented Policing Services, COPS Hiring Program grant for $598,284.00 which will pay the salaries and benefits of three entry level Police Officer positions for three years, and WHEREAS, the City Council desires the authorized strength of the Police Department at sixty full time Police Officer positions, and WHEREAS, The 2010/2011 City budget approved by the City Council identified three of the sixty full time Police Officer positions as being funded by a COPS Hiring Program grant in anticipation of receiving the grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute the U.S. Department of Justice, Community Oriented Policing Services, COPS Hiring Program grant for $598,284.00 for the hiring of three full time Police Officers. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2010-295 - Approving Change Order Number 1 for Sanitary Sewer Manhole Rehabilitation Project 2010 – MH REHAB - 1 for the Wastewater Treatment Plant Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: October 26, 2010 Subject: Approving Change Order Number 1 for Sanitary Sewer Manhole Rehabilitation Project 2010 – MH REHAB - 1 for the Wastewater Treatment Plant Item #’s: G-7 Presenter(s): Steven P. Riehle, Public Works Director Background On August 10, 2010 the City Council approved Resolution #2010-216 awarding a $186,868.25 contract for Sanitary Sewer Manhole Rehabilitation Project 2010-MH Rehab-1 to Midlands Contracting, Inc. of Kearney, Nebraska. The manhole rehabilitation project is repairing the concrete manholes on the north sanitary sewer interceptor. The rehabilitation project for the interceptor is along Capital Avenue from near the Capital Trailer Court by Illinois Avenue to Geddes Street, along Geddes Street from Capital Avenue to 7th Street, and along 7th Street from Geddes Street to near Sky Park Road. The north interceptor carries flows from a significant part of the community. The pipes in the rehabilitation project area are Vitrified Clay Pipes (VCP) and are in good shape. The manholes are concrete and in need of rehabilitation. Discussion Work began on the project on September 29, 2010. The original plans and specifications did not call for the upper cone transition section of the concrete manholes to be rehabilitated. The upper sections were in good shape when inspected as the project was initially programmed. Following high pressure cleaning, and surface blasting of the interior manhole surfaces, deterioration of the existing upper cone transition section concrete surfaces was more severe than originally anticipated. Change Order Number 1 covers additional cemetitious lining repair in the upper cone transition section of the concrete manholes on the project. The additional work is to be performed at the same unit bid prices as in the original contract. The Contract Price modification request shall be in allowance of four (4) extra vertical feet for eighteen (18) manholes in the contractor’s base bid. Line item; Manhole Rehabilitation 4 Foot Diameter Cemetitious Lining quantity shall be increased from 237.0 vertical feet to 309.0 vertical feet. Changes described by this modification request in Contract Price are as follows: Four (4) feet x 18 manholes x $ 130.00 vertical foot (bid unit price) = $ 9,360.00 The Change Order Number 1 amount is $ 9,360.00 making the adjusted Contract amount $ 196,228.25. Midland Contracting is also requesting a 3 week extension for the project to November 19, 2010. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the is sue Recommendation Public Works Administration recommends that the Council approve Change Order Number 1 with the contracting firm, Midland Contracting, Inc. of Kearney, Nebraska. Sample Motion Move to approve Change Order Number 1. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: October 26, 2010 PROJECT: Sanitary Sewer Manhole Rehabilitation Project 2010-MH REHAB-1 CONTRACTOR: Midlands Contracting, Inc. CONTRACT DATE: August 19, 2010 This change order includes all costs, direct, indirect, and consequential, and all changes in Contract Time arising from the work included in the items for Change Order Number 1. No additional claims shall be made for changes in Contract Price or Contract Time arising from these work items. All other provisions of the contract remain unchanged. Increased Quantity Unit Price Total Price 1. Manhole Rehabilitation 4 Foot Diameter Cemetitious Lining 72 V.F. $130.00 $9,360.00 TOTAL OF CHANGE ORDER NO. 1 $9,360.00 The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ......................................................................................$186,868.25 Net Increase/Decrease Resulting from this Change Order..............................................................$ 9,360.00 Revised Contract Price Including this Change Order ................................................................$196,228.25 -------------------------------------------------------------------------------------------------------------------------------------------------- Original Completion Date………………………………………………………………………………October 29, 2010 Revised Completion Date……………………………………………………………………………November 19, 2010 Approval Recommended: By_______________________________________ Steven P. Riehle, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: Midlands Contracting, Inc. By_________________________________ Contractor Margaret Hornady, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-295 WHEREAS, on August 10, 2010, by Resolution 210-216, the City of Grand Island awarded Midlands Contracting, Inc. of Kearney, Nebraska the bid in the amount of $186,868.25 for 2010-MH REHAB-1 Sanitary Sewer Manhole Rehabilitation Project; and WHEREAS, it has been determined that modifications to the work to be performed by Midlands Contracting, Inc. are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $9,360.00 for a revised contract price of $196,228.25; and WHEREAS, the contract completion date has been extended from October 29, 2010 to November 19, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order Number 1 for $9,360.00 with Midlands Contracting, Inc. of Kearney, Nebraska, for 2010-MH REHAB-1 Sanitary Sewer Manhole Rehabilitation Project, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Change Order to the agreement on behalf of the City of Grand Island. - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. ____________________________________ Margaret Hornady, Mayor Attest: ____________________________________________ RaNae Edwards, City Clerk Item G8 #2010-296 - Approving Contract for Snow Removal Operations for the 2010/2011 Winter Season at Law Enforcement Center and Downtown Parking Lots Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director & Steve La City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Steve Lamken, Police Chief Meeting: October 26, 2010 Subject: Approving Bid Award for the Law Enforcement Center & Downtown Parking Lot Snow Removal Operations for the 2010/2011 Winter Season Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background On October 7, 2010 the Engineering Division of the Public Works Department advertised for proposals for Snow Removal Operations at the Law Enforcement Center & Downtown Parking Lots for the 2010/2011 winter season including equipment and labor. There were seven (7) potential proposers for this work. Discussion One proposal was received and opened on October 14, 2010. The Engineering Division of the Public Works Department, Police Department and the Purchasing Division of the City Attorney's Office reviewed the proposal that was received. The proposal is shown below. Bidder Description Unit Trucks for hauling snow $ 40.00 per load Tractor Loader w/ Box Blade $120.00 per hour Skid Steer Loader $110.00 per hour Premier Snow Removal, LLC of Grand Island, NE Tractor with Pull Blade (minimum 12' width) $200.00 per hour With this being the fourth year that bids have been solicited for such snow removal and only one response each year the City will have the option to renew the agreement on an annual basis for a five (5) year period, at which time proposals will be solicited. Section 27-12 of City Code authorizes the Council to name a sole source provider in appropriate situations after advertising for competitive bids. 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 Police & Public Works Administration recommends that the Council approve awarding the bid for Snow Removal Operations at the Law Enforcement Center & Downtown Parking Lots to Premier Snow Removal, LLC of Grand Island, Nebraska and authorize the Mayor to execute a contract for the work. Sample Motion Move to approve awarding the bid for Snow Removal Operations at the Law Enforcement Center & Downtown Parking Lots to Premier Snow Removal, LLC of Grand Island, Nebraska. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR SNOW REMOVAL OPERATIONS AT LAW ENFORCEMENT CENTER & DOWNTOWN PARKING LOTS RFP DUE DATE: October 14, 2010 at 2:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: October 7, 2010 NO. POTENTIAL BIDDERS: 7 SUMMARY OF PROPOSALS RECEIVED Premier Snow Removal LLC Grand Island, NE cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Jeff Pederson, City Administrator Mary Lou Brown, Finance Director Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent Steve Lamken, Police Chief P1439 Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-296 WHEREAS, the City Of Grand Island invited sealed proposals for Snow Removal Operations at the Law Enforcement Center & Downtown Parking Lots, according to specifications on file in the office of the Public Works Department; and WHEREAS, on October 14, 2010, one bid was received, opened and reviewed; and WHEREAS, Premier Snow Removal, LLC of Grand Island, Nebraska, submitted a bid in accordance with terms of the advertisement of the specifications and all other statutory requirements contained therein, such bid being as follows: Cost Per Hour Trucks for Hauling Snow $ 40.00 per load Tractor Loader w/ Box Blade $120.00 per hour Skid Steer Loader $110.00 per hour Tractor with Pull Blade $200.00 per hour WHEREAS, Premier Snow Removal, LLC of Grand Island, Nebraska was the only bidder, they are declared as a sole source provider for the work in accordance with Section 27-12 of the City Code; and WHEREAS, the City will have the option to renew the contract on an annual basis for a five (5) year period, at which time proposals will be solicited. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Premier Snow Removal, LLC of Grand Island, Nebraska for snow removal operations in the amounts identified above is hereby approved as the lowest responsible bid submitted. BE IT FURTHER RESOLVED, that a contract between the City and such contractor for such snow removal operations be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-297 - Approving Acquisition of Utility Easement - between Airport Road and Abbott Road, and East of North Road - Leon Stanczyk This item relates to the aforementioned Public Hearing Item E-4. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-297 WHEREAS, a public utility easement is required by the City of Grand Island, from Leon Stanczyk, to install, upgrade, maintain and repair, a 115 kV electric transmission line to the northwest of the City; and WHEREAS, a public hearing was held on October 26, 2010, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: The easterly twenty-five (25) feet of the Northeast Quarter of the Southwest Quarter (NE ¼ SW ¼) and the easterly twenty-five (25 feet of the Southeast Quarter of the Northwest Quarter (SE ¼ NW ¼) of Section Thirty-six (36), Township Twelve (12) North, Range Ten (10) West of the 6th P.M. Hall County, Nebraska. The above-described easement and right-of-way containing a total of 1.52 acres, more or less, as shown on the plat, 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 public utility easement from Leon Stanczyk, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2010-298 - Approving Pipeline Crossing Agreement - Cedar Street at the Union Pacific Railroad for Water Main Project 2009- W-1 Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, City Attorney Meeting: October 26, 2010 Subject: Pipeline Crossing Agreement – Cedar Street at the Union Pacific Railroad for Water Main Project 2009-W-1 Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background The City of Grand Island has an existing 12” diameter water main that crosses under the Union Pacific tracks at Cedar Street. The line was installed in 1932 (CD 19463) and is one of only twelve pipelines in the distribution system that traverses the mainline tracks. In November, 2008, the 78 year old cast-iron main broke within the railroad’s right-of- way. As was standard practice decades ago, the main was installed without a protective steel outer casing. The years of stress placed on the pipe likely caused the break. Fortunately, the break was not adjacent to the mainline track and repairs were able to be made with limited disruption. Due to the age of the pipe and the possibility of another pipeline failure and resulting damage to the Union Pacific Mainline, it is proposed to replace this section of pipeline. The project would provide directional bore for a new 24” diameter steel casing under the tracks at Cedar Street, and installation of a new 12” ductile-iron water main within the casing. The replacement would extend approximately 445 lf between South Front Street and North Front Street. This proposed project is included in the 2010-2011 Water Department Budget. A map of the crossing area is attached for reference. Discussion Union Pacific has a number of requirements regarding crossing of their right-of-way by other utilities. The Department submitted detailed plans for the construction of the crossing for the railroad’s review and has received from the railroad their proposed agreement for the project. The crossing agreement includes a license fee payment of $7,100.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council ma y: 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 Pipeline Crossing Agreement with Union Pacific Railroad. Sample Motion Move to approve the Pipeline Crossing Agreement with Union Pacific Railroad. Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-298 WHEREAS, the construction of Water Main Project 2009-W-1 will require crossing the Union Pacific railroad tracks at Cedar Street; and WHEREAS, the Union Pacific Railroad requires a Pipeline Crossing Agreement to be entered into for persons crossing its property for such purposes with a one-time lease payment of $7,100.00; and WHEREAS, the City Attorney’s office has reviewed the proposed Pipeline Crossing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Pipeline Crossing Agreement, by and between the City and the Union Pacific Railroad Company, for the construction and maintenance of Water Main Project 2009-W-1 at the Cedar Street Crossing, is hereby approved; and the Mayor is hereby authorized to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2010-299 - Approving Certificate of Final Completion for Installation of Artificial Turf at the Fieldhouse Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: October 26, 2010 Subject: Certificate of Final Completion-Artificial Turf Installation at Fieldhouse. Item #’s: G-11 Presente r(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with All Sports Enterprises, Inc. on June 3, 2010 for furnishing and installing artificial turf at the City Fieldhouse. Discussion All work associated with this contract has been completed and it is appropriate at this time to close out the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council ma y: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the certificate of final completion and make final payment to All Sports Enerprises, Inc. in the amount of $211,030.00. Sample Motion Move to close out the contract with All Sports Enterprises, Inc. and make final payment in the amount of $211,030.00 to All Sports Enterprises, Inc. Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-299 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for the Furnishing and Installation of New Turf at the new City Fieldhouse, certifying that All Sports Enterprises, Inc. from Exton, PA, under contract dated June 3, 2010, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Parks and Recreation Director’s Certificate of Final Completion for Furnishing and Installation of New Turf at the new City Fieldhouse is hereby confirmed. 2. That a warrant be issued from the Escrow Account at Wells Fargo in the total amount of $211,030.00 payable to All Sports Enterprises, Inc. for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2010-300 - Approving Grant Agreement with Baseball Tomorrow for Baseball Equipment at the Fieldhouse Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: October 26, 2010 Subject: Approving Grant Agreement with Baseball Tomorrow Item #’s: G-12 Presenter(s): Steve Paustian, Parks and Recreation Director Background The City applied for a grant from Baseball Tomorrow to help fund the purchase of equipment for the new City Fieldhouse. The grant application requested funding to help purchase batting cages, pitching machines and portable pitching mounds. Discussion The grant application was reviewed favorably by the staff at Baseball Tomorrow and a grant has been offered to the City in the amount of $26,920.80. 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 enter into the agreement with Baseball Tomorrow to receive the grant funds. Sample Motion Move to enter into an agreement with Baseball Tomorrow to receive grant funding. Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-300 WHEREAS, the City of Grand Island submitted a grant application to the Baseball Tomorrow Foundation in April 2010; and WHEREAS, the Baseball Tomorrow Foundation has awarded $26,920.80 to the City of Grand Island to purchase recreational equipment for the Grand Island Community Field House; and WHEREAS, a Grant Agreement and Letter of Understanding have been provided by the Baseball Tomorrow Foundation to the City to accept the grant award; WHEREAS, the grant agreement period begins November 1, 2010 and ends November 1, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to accept the grant award from the Baseball Tomorrow Foundation and the Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of Grand Island for such grant programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2010-301 - Approving Contract for Long Term Disability Insurance Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: October 26, 2010 Subject: Approving Contract for Long Term Disability Insurance Item #’s: G-13 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island provides Long Term Disability coverage to employees as agreed to through labor agreements or as approved in the Personnel Rules. The City has contracted with The Standard for the last four years to provide this coverage. The current rate for coverage is .27 per $100 of wages. The contract with The Standard will expire at midnight on November 30, 2010. Discussion The City advertised a request for proposals (RFP) for companies interested in providing this coverage. The list of companies that submitted proposals are included in this packet. A team consisting of members from Human Resources, Finance, and Legal interviewed finalists to compare plan options and pricing as well as assess the Company’s ability to provide services as expected. A contract with CIGNA Group Insurance companies is being recommended for Long Term Disability coverage. Strong Financial, from Aurora brought the proposal that is before Council for consideration. The aforementioned proposal best met the criteria used to evaluate the companies as well as bringing in the most competitive pricing. The new rate for this coverage will be .18 per $100 of wages. This represents a savings of more than 30% over our current rate. That calculates out further to more than a $28,000 annualized savings in premiums. The contract with CIGNA would commence at 12:01 a.m. on December 1, 2010. CIGNA has guaranteed their rate for a three year term unless a significant change in population/ risk would occur. CIGNA has received financial ratings of A and A2 by A.M. Best and Moody’s. The package that they have proposed will enhance our current benefits package with value added benefits such as weight management discounts, hearing and vision care discounts and products, and vitamins, health and wellness product discounts, to name a few. It is the recommendation of the review team to contract with CIGNA Group Insurance companies for the City’s Long Term Disability benefit. 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 contract with CIGNA Group Insurance companies to provide Long Term Disability coverage. Sample Motion Move to approve a contract with CIGNA Group Insurance companies to provide Long Term Disability Insurance coverage. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR LONG TERM DISABILITY INSURANCE RFP DUE DATE: September 1, 2010 at 4:00 p.m. DEPARTMENT: Human Resources PUBLICATION DATE: September 1, 2010 NO. POTENTIAL BIDDERS: 7 SUMMARY OF PROPOSALS RECEIVED Mike Boden Strong Financial Resources, Inc Omaha, NE Aurora, NE National Insurance Services CIGNA Group Insurance The Hartford Primark Inc Holmes Murphy Grand Island, NE Leawood, KS The Standard The Standard Lincoln Financial Group/Lincoln Principal Financial Gourp Dearborn National UNUM Holmes Murphy Assurant Employee Benefits Omaha, NE Met Life cc: Brenda Sutherland, Human Resources Director Tami Herald, HR Specialist Jeff Pederson, City Administrator Mary Lou Brown, Finance Director Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent P1425 AGroup Insurance Life — Accident — Disability October 18, 2010 City of Grand Island 100 E. 1st Street Grand Island, NE 68802 Dear Tami Herald: Thank you for selecting CIGNA Group Insurance for your employee benefit needs. We are excited about partnering with you to build an effective working relationship. We believe the foundation of a good relationship is developed within the first month. That’s why we provide a dedicated Implementation Coordinator to work with you throughout the implementation phase. I am your dedicated resource and will ensure that you experience a smooth, timely and accurate implementation. Included in this package are key items for your review and/or completion so the implementation of your account can begin. They are: 1. A group of forms/documents for signature. These documents enable us to begin setting-up the account within CIGNA. Please make sure that you complete, have signed and returned to me within 5 business days of receiving this welcome package. To help speed the process, I’ve provided a description of each document on the table of contents, explaining why each is needed and clarifying what needs to be done with each document. 2. A group of forms/documents for review. These documents are provided to you for informational purposes as part of the transition of your coverage to CIGNA Group Insurance. We will also need a binder check in the amount of $3,446.00 (1st month's estimated premium). This will be applied to your first month’s premium. Please note that we cannot begin setting up the account until all information is returned to my attention. In addition, meeting this timeframe is the key to ensuring that the account will be set- up by the effective date. I’d like to schedule our conference call, with both of you as soon as possible to initiate the implementation process. I will also able to answer any questions you may have. Our goal is to ensure that from this smooth transition to CIGNA Group Insurance, you will know how committed we are to providing low cost, consistently excellent products and services to our Customers. Thank you again for selecting CIGNA Group Insurance and we look forward to partnering with you. Sincerely, Stacey Mortimer Implementation Coordinator CIGNA Group Insurance 7400 West 110th Street, Suite 400 Overland Park, KS 66210 Phone: (913)339-4706 Fax: (913)498-4998 Stacey.Mortimer@CIGNA.com Cc: Amy Coleman, Account Manager, CIGNA Group Insurance Calvin Strong, Strong Financial Resources, Inc. Group Disability, Life and Accident Implementation Welcome Package Welcome to CIGNA Group Insurance! This package contains a group of forms and documents necessary for the implementation of your CIGNA Group Insurance Disability, Life and/or Accident insurance benefits. We’ve included a chart that provides a description of each document and clarifies your action required. To assure operational readiness and accurate set-up of your benefit plan(s) please complete this application by signing in the space provided. Applicant (Full Legal Name): City of Grand Island Address: 100 E. 1st Street PO Box 1968 City: Grand Island State: NE Zip Code: 68802 Taxpayer ID No.: 47-6006205 We acknowledge receipt of this Implementation Welcome Package. We confirm the accuracy of the proposal from the underwriting company(ies) named below and hereby accept the terms and conditions of the proposal and any attachments or modifications made to the proposal. If applicable, we authorize LINA Benefit Payments, Inc. to perform the tax services related to our disability benefits as described within the attached Limited Agency Agreement (Exhibit). If applicable, we authorize LINA to perform the benefit deduction services related to our disability benefits as described within the attached Benefit Deduction Services Agreement (Exhibit). We confirm appointment of the producer identified on the attached Authorization of Payment of Commission and Service Fees (Exhibit) We acknowledge receipt of the Privacy Notice. We understand that the following insurance policies may be issued to the Group Insurance Trust for Employers in the Public Administration Industry. REQUESTED INSURANCE REQUESTED EFFECTIVE DATE COVERAGE: Group Long Term Disability UNDERWRITING COMPANY: Life Insurance Company of North America 12/1/2010 We hereby adopt the above-named trust as co-settlor and subscribe to that trust for the purpose of participating in these policies, which shall only cover our eligible employees, and, if applicable, retirees and dependents. We confirm the appointment of Wilmington Trust Company as Trustee, and of Life Insurance Company of North America (“LINA”) as trust administrator. We appoint LINA, in its capacity as trust administrator, to represent us in dealings with the Trustee related to the insurance trust. We understand that, in the event the policy(ies) are terminated for any reason, we will cease to be a participant in the insurance trust. We understand that no benefits are provided by the trust other than the benefits described in the insurance policy(ies). Date: __________________ (Signature and Title of Applicant’s Authorized Representative) Grand Island, NE (City and State) ATTACHMENTS FOR CUSTOMER REVIEW AND/OR ACKNOWLEDGEMENT Welcome Package Form Purpose of Form Specific to Product Line Action Required Limited Agency Agreement with ER FICA Services (Exhibit) Authorizes CIGNA to perform certain functions imposed upon the Policyholder under P.L. 96-601 and 97-123 with respect to preparation and filing of W-2’s as well as the Employer FICA Match Services. Short and/or Long- Term Disability Coverage Please complete schedule page. Disclosure of Payment of Commissions and Service Fees (Exhibit) Contains important disclosures regarding commissions and other producer compensation. All Applicable Policies Please review. Privacy Notice Provides an overview of CIGNA Group Insurance’s privacy policies All Policies Please review. CUSTOMER ITEMS TO PROVIDE Binder Check Invoice Invoice to support estimated binder check amount on basic coverages only. Binder amount will be applied to first month’s premium. All Coverages Supply Binder Check with copy of the provided Invoice ATTACHMENTS REQUIRING ADDITIONAL SIGNATURES Welcome Package Form Purpose of Form Specific to Product Line Action Required CIGNA Claim Fiduciary Appointment Form If your employee benefit plans are subject to ERISA, and insured with our companies, you should review this information, and sign and return the enclosed “Appointment of Claim Fiduciary.” If your employee benefit plans are not subject to ERISA (for example, if they are government plans or church plans), then this information does not apply to you. All Policies (when applicable) Please have form signed by an individual authorized to amend the Plan. LIMITED AGENCY AGREEMENT (Includes Employer FICA Services) IMPORTANT: This is a Limited Agency Agreement which, under Internal Revenue Service regulations, permits an insurance company or other payor of taxable sick pay to make deposits of the employer portion of FICA taxes using the payor’s employer identification number (EIN). In accordance with IRS regulations, the insurance company cannot make payments of employer taxes unless and until the Limited Agency Agreement is in effect. The insurance company cannot begin to make deposits of employment taxes on behalf of the employer until this agreement is signed and returned. Until the agreement is in place, the employer is solely responsible for timely filing all employment taxes. LIMITED AGENCY AGREEMENT (Includes Employer FICA Services) Among: LINA Benefit Payments, Inc. (“Payment Agent”); And: Life Insurance Company of North America CIGNA Life Insurance Company of New York (collectively, “Company”) And: City of Grand Island (“Employer”) Policies: LK962692 Effective Date: 12/1/2010 WHEREAS, Employer and Company have entered into one or more group disability insurance policies (“Policies”) or Administrative Services Agreements (“ASO Agreements”) under which Company, as Employer’s agent, makes payments of taxable Sick Pay (“Sick Pay”) to certain disabled employees of Employer; and WHEREAS, such Sick Pay payments are or may be subject to the provisions of various regulations adopted by the U.S. Internal Revenue Service, relating to the withholding and payment of employment taxes, collection of income tax at the source, and reporting of payments and withheld taxes; and WHEREAS, such regulations permit Employer and Payment Agent to enter into a Limited Agency Agreement under which Payment Agent will perform, as Employer’s agent, certain specified services relating to the withholding and payment of employment taxes, collection of income tax at the source, and reporting of payments and withheld taxes; and WHEREAS, Payment Agent is agreeable to performance of certain of such functions under this Agreement, NOW, THEREFORE, in consideration of the mutual promises contained herein and in consideration of the issuance and continuance of the Policies and/or ASO Agreements, Payment Agent and Employer agree as follows, with respect to the Policies and/or ASO Agreements identified above: I. TERM OF AGREEMENT; TERMINATION 1.) This Agreement shall be effective as of the later of the Effective Date shown above, and the date of approval granted by the Internal Revenue Code with respect to a properly completed Form 2678 relating to the services to be performed herein. This Agreement shall commence with respect to calendar years beginning on or after such effective date. This Agreement may be terminated at any time by either party, upon 30 days’ written notice to the other. Payment Agent may immediately terminate this Agreement on written notice to Employer, if Employer fails to make any payment required hereunder. Payment Agent shall continue to be responsible for the preparation of Forms W-2 for calendar years ending while this Agreement is in force, but not thereafter. II. DUTIES OF PAYMENT AGENT 1.) Payment Agent agrees to act as agent for the Employer, as well as any employers whose employees have coverage under the Plan, for the following purposes: a. Preparation and filing of Form W-2, covering only Sick Pay paid by Company to payees under the Plan. b. Withholding of federal income taxes, at the rate applicable to payments of supplemental wages, with respect to the taxable portion of Sick Pay. c. Withholding of the employee portion of FICA taxes, with respect to the taxable portion of Sick Pay. d. Payment of the Employer’s portion of FICA taxes, with respect to the taxable portion of Sick Pay. The Employer, or employers covered by the Plan, shall retain the sole and exclusive responsibility for all other duties required by any federal, state or local laws. 2.) Payment Agent shall: a. Deposit all withheld taxes with the appropriate federal depository on the due date thereof in accordance with the procedures under Section 6302 of the Code and the regulations thereunder, as now in effect or hereafter amended. b. Include such amounts so deposited in its Employer's Quarterly Federal Tax Return, Form 941. c. Prepare and file the annual Wage and Tax Statement, Form W-2 (and submit on magnetic tape), and mail each Employee with a copy of Form W-2 on or before January 31 of the year following the year in which the Sick Pay was paid. d. Prepare the required Federal Electronic filing and all appropriate state units of government or revenue authorities, and prepare and transmit any other forms or documents customarily prepared and transmitted in conjunction with such filing. 3.) Payment Agent shall use its own Employer Identification Number when making payments or filing reports or returns hereunder. 4.) Payment Agent agrees to make suitable arrangements for resolution of any questions raised by payees who receive Forms W 2 prepared by Payment Agent and, where appropriate, to issue revised Forms W-2. 5.) Payment Agent assumes no responsibility for the accuracy or inaccuracy of the information furnished to it by the Employer or any information which Payment Agent may include in any reports or filings which it prepares for Employer in reliance on such information. Employer shall indemnify and hold harmless Payment Agent from any and all liabilities imposed upon Payment Agent in the event such information furnished by the Employer proves to be incorrect. 6.) Payment Agent assumes no responsibility for any other duties, actions or requirements imposed upon the Employer or upon any employers whose employees have coverage under the Plan, under any other provision of local, state or federal tax law. III. DUTIES OF EMPLOYER 1.) Employer represents that the information contained in Schedule I hereof is true and correct. 2.) Employer shall notify Payment Agent of the portion of the disability payments made by Company which are excludable from gross income of payees at least sixty days before the beginning of the calendar year for which such portion is effective. Changes in such portion cannot be made at any other time. 3.) Employer agrees to provide Payment Agent on a timely basis with such information and documents as Payment Agent may reasonably need to discharge any functions which it assumes under this Agreement. 4.) With respect to any payments of Sick Pay made pursuant to ASO Agreements, Payment Agent shall withhold income taxes at the rate applicable to supplemental wages. Notwithstanding the foregoing, Employer may elect to determine the dollar amount of any income taxes to be withheld by Payment Agent and advising Payment Agent of such amounts. Where Employer elects to do so, Employer represents and warrants that it will correctly calculate the amount to be withheld, based on applicable federal withholding regulations, and based on net benefit amounts determined by Company to be payable. 5.) Unless the terms of the Policies provide that the Company waives its right to transfer liability with respect to the employer taxes imposed by IRS Regulation 32.1(e)(1), Employer shall provide Payment Agent with sufficient funds for the payment of Employer’s portion of FICA taxes. Payment Agent may require a deposit of up to three months of estimated Employer FICA taxes and may create one or more bank accounts in which such funds shall be held. Payment Agent may draw upon such funds to reimburse itself for any Employer FICA taxes paid on Employer’s behalf. Payment Agent shall not be required to pay Employer FICA taxes except from funds provided by Employer for this purpose. 6.) Payment Agent reserves the right to impose a charge for its services hereunder. Such charge may be set by Payment Agent with at least 30 days’ written notice thereof prior to the start of any calendar year while this Agreement is in force, and shall, unless subsequently changed, be applicable to all calendar years thereafter. IV. MISCELLANEOUS 1. Nothing contained herein shall be construed as creating any employment relationship between Payment Agent and any payee. 2. All notices to Payment Agent should be sent to: CIGNA Group Insurance Tax Compliance Unit, LLTCU 900 Cottage Grove Road Hartford, CT 06152 IN WITNESS WHEREOF, and intending to be legally bound, the parties have signed this Agreement. LINA Benefit Payments, Inc. (“Payment Agent”) Date: October 18, 2010 ____________________ _____________________________________ By: John A. Scanlon Title: Assistant Secretary City of Grand Island LK962692 SCHEDULE I - EMPLOYER TAX INFORMATION I. Exemption from Social Security/Medicare Taxes Select appropriate reason if your disability plan is exempt from Social Security and Medicare taxes: □ Religious Institution □ Charitable Institution □ Other (Specify): _________________________________ Indicate if Plan is issued to a union, a creditor, or an association which is exempt from Social Security taxation if the employer is neither a party to the contract or a contributor to plan costs: □ Union □ Creditor □ Professional Association II. Employee Contribution Percentages Short Term Disability: □ All employees contribute _______% of disability policy premium on a post-tax basis. □ Employees contribute on a pre-tax basis (considered 100% employer contributions). □ Employer contributes 100% of cost. □ Contribution percentage varies by benefit, plan or division (attach detail). Long Term Disability: □ All employees contribute _______% of disability policy premium on a post-tax basis. □ Employees contribute on a pre-tax basis (considered 100% employer contributions). □ Employer contributes 100% of cost. □ Contribution percentage varies by benefit, plan or division (attach detail). III. Tax Reporting of Self-Insured Benefits (Does not apply to “advice to pay”) □ Benefits are paid from a trust (e.g. 501(c)(9) trust) which bears an insurance risk. Indicate the address where the ASO tax reimbursement check should be sent: Attention: ______________________________________ Mailing Address: ______________________________________ ______________________________________ IV. Address to which tax reports should be sent □ All reports should be sent to the following address: Attention: ______________________________________ Mailing Address: ______________________________________ ______________________________________ □ Reporting should be to multiple addresses. Attach information on a separate page. Include suffix/division code, coverage code, employee post-tax contribution percentage, federal EIN and employer address. Disclosure of Payment of Commissions and Service Fees We have appointed Strong Financial Resources, Inc. as our broker/consultant of record in connection with the policy, as of its effective date, and continuing unless and until we notify the insurance company in writing of revocation of this appointment. Any revocation of appointment, or designation of a new broker/consultant of record, will become effective on the date written notice is received by the insurance company, or such later date as we specify. We acknowledge that the insurance company will pay commissions to the broker/consultant at the following rates: Product Policy Numbers LTD LK962692 Product Percentage LTD Effective Date: 12/1/2010 First $15,000 15.0% Next $10,000 10.0% Next $25,000 5.0% Over $50,000 1.0% We understand and acknowledge that CIGNA Group Insurance companies may have entered into, or may enter into, an agreement with the broker/consultant, under which the insurance company compensates the broker/consultant for providing marketplace intelligence and other services intended to enhance the effectiveness of the insurance company’s business. This additional compensation is contingent on meeting new business and persistency goals. The following describes the compensation available under the program under which your broker is eligible to participate. Terms of the program are subject to change. • New Business. Payments made are a percentage of total annualized premium, based on number of new cases sold and annualized premium for those eligible cases, and range from 1.5% to 4% of the amount of expected first year annualized premium (which is the maximum rate payable, if at least $10,000,000 in premium, is sold) depending on the specific program the broker is eligible to participate in. Brokers must write at least $200,000 of new business premium or sell three new cases to qualify. • New Premium Added to Inforce Policies. Payments made are a percentage of total annualized premiums attributable to acquisitions requiring underwriting by the insurance company, and amendments to increase benefits or add eligible classes, and is calculated at 1.5% of the amount of expected first year annualized premium depending on the specific program the broker is eligible to participate in. Brokers must write at least $200,000 of new business premium or sell three new cases to qualify. • Persistency. Persistency measures the number of policies (weighted by premium) which were in force at the beginning of the year which are still in force at the end of the year. Payments made are a percentage of total earned premium, and range from 0% to 2% of total aggregate premium for those eligible cases (which is the maximum rate payable, if persistency is 95% or greater) depending on the specific program the broker is eligible to participate in. Brokers must have a book of business of at least $250,000 at the start of the year, and write at least $200,000 of new business premium or sell three new cases, to qualify. • Cross-Sell. Payments made are a percentage of total annualized premium for business sold to an existing CIGNA Healthcare or CIGNA International Expatriate Benefits customer OR sold along with a new CIGNA Healthcare medical product or new CIGNA International Expatriate Benefits product to the same customer, and range from 1% to 1.5% of the amount of expected first year annualized premium (which is the maximum rate payable, if at least $1,000,000 in premium, is sold). Brokers must write at least $50,000 of new business premium to a cross- sell customer to qualify. In addition, your policies may be used to establish eligibility in the cross-sell programs of CIGNA Healthcare and/or CIGNA International Expatriate Benefits. This compensation is funded from the insurance company’s overhead and is based on the broker’s overall book of business with the insurance company. Any such payments are separate from commissions and, if applicable, will be included in ERISA Form 5500, Schedule A information provided by the insurance company. We also understand that the insurance company may invite the broker to participate in events sponsored by the insurance company for the same purposes. BINDER CHECK INVOICE Life Insurance Company of North America ┌ ┐ City of Grand Island 100 E. 1st Street Grand Island, NE 68802 └ ┘ Policy Number Effective Date Description Total Due LK962692 12/1/2010 Group Long Term Disability $3,446.00 TOTAL DUE: $3,446.00 Make check payable to Life Insurance Company of North America Include a copy of this invoice with your initial payment and mail to the address below. Life Insurance Company of North America P.O. Box 8500 K 110 Philadelphia, PA 19178-0110 PLEASE NOTIFY US IMMEDIATELY OF ANY CORRECTIONS IN THIS STATEMENT AGroup Insurance Life — Accident — Disability ERISA COVERAGE WORKSHEET Use this worksheet to determine whether a policy is issued in conjunction with ERISA. Where a policy is issued in conjunction with ERISA, the following will apply: 1. The insurance company will serve as the employer’s named fiduciary for handling claims in accordance with ERISA regulations. The “Appointment of Claim Fiduciary” is required. 2. Certificates of insurance will be prepared with ERISA Summary Plan Description wording included. 3. Information will be provided for the ERISA Annual Report, Form 5500, Schedule A. 4. Claim-related correspondence will comply with ERISA requirements, including notification of rights granted by ERISA regulations. Name of Policyholder: City of Grand Island Effective Date: Disability Policy No(s): LK962692 12/1/2010 In general, any group insurance policy issued to an employer to insure employees, or to a labor union to insure union members, is subject to ERISA. All policies will be considered to be subject to ERISA unless one of the following exemptions applies. The policy is not issued to insure employees of an employer, or members of a labor union. The policy is a statutory disability policy (e.g. Hawaii, New Jersey, New York). The policyholder is a government employer (e.g. state, county, city, special services district, public school district, public hospital, state college or university). The policyholder is a church group (religious organization, or hospital, school, or college operated by a religious organization) which has not made an election under IRC Section 410(d) to be subject to ERISA. The plan is a short-term, uninsured salary continuance plan funded with general assets of the employer. The plan is voluntary, funded entirely with employee contributions, and is not enrolled or endorsed by the employer; employer participation is limited to permitting the insurance company to conduct enrollments, and handling payroll deductions. None of the above exemptions apply. The policy is issued as part of an ERISA-covered employee benefit plan. If this is the case, then the Policyholder should sign the next page, “Appointment of Claim Fiduciary,” instead of this page. ____Stacey Mortimer_________________ ____________________________________ Implementation Coordinator Policyholder Representative Important Privacy Notice – Please Read As a customer of a CIGNA company1, we want to assure you that we recognize our obligation to keep our customers’ protected information secure and confidential. This notice explains our privacy practices and it should answer questions about how we protect personal information. We will continue to safeguard the privacy of the information provided to us. Thank you for giving us the opportunity to serve you. (If you are an Employer or Group Sponsor, please make this information available for review by your employees or members as appropriate.) This notice applies to insurance products underwritten, or administered by, the Life Insurance Company of North America and CIGNA Life Insurance Company of New York, Life and Disability products underwritten by Connecticut General Life Insurance Company, and insurance products underwritten by Insurance Company of North America administered by the CIGNA companies. Information is the key to our ability to provide you with best in class service. Regardless of whether you are a customer, applicant, insured, or former insured, we are committed to protecting and maintaining the privacy of any information in our possession. COLLECTION AND USE OF INFORMATION We may collect protected information about our customers for use in the processing and evaluation of applications or eligibility for insurance, investigating a claim for benefits, and in developing financial plans. This information will be used by authorized company personnel solely for these purposes, and it may be integrated into our databases for statistical and audit purposes. Protected information means any non-public, personally identifiable information including financial information, employment related information and medical information. Unless permitted by law, we will only collect information from sources other than our customers with authorization. DISCLOSURE OF INFORMATION We do not disclose any protected information about our customers or former customers to anyone except as permitted by law. We do not sell customer lists or other protected information. With some exceptions, we will not disclose protected information without written authorization. There are circumstances when we will disclose protected information related to medical underwriting or a claim investigation or other activities relating to your insurance plan without authorization to third parties or affiliates assisting us with these activities, as permitted by law. We will also disclose protected information to third parties without authorization as required by law, such as in the case of subpoenas and mandated governmental disclosures. PROTECTING YOUR INFORMATION We have internal policies to maintain the privacy of our customers’ protected information. These include but are not limited to policies related to the transmission, storage and disposal of paper and electronic information; the prevention of unauthorized access and damage to systems, including damage due to environmental hazards; and assigning and terminating user IDs. 1 “CIGNA” is a registered trademark licensed for the use of insurance company subsidiaries of CIGNA Corporation. All products and services are provided by insurance company subsidiaries and not the corporation itself. As used herein, “CIGNA” refers to these subsidiaries, which include the Life Insurance Company of North America, CIGNA Life Insurance Company of New York and Connecticut General Life Insurance Company. Long Term Disability Proposal Prepared For: City of Grand Island Requested By: STRONG FINANCIAL RESOURCES, INC 1611 10TH ST AURORA , NE, 68818 Proposed Effective Date: December 1, 2010 Date Prepared: August 17, 2010 This Proposal Valid Until: December 1, 2010 Underwritten By: Life Insurance Company of North America The information contained in the following response/proposal is confidential and proprietary information of the insurance company making the proposal. It is being provided with the understanding that it will not be used by City of Grand Island, its representatives or consultants for any purpose other than the evaluation of the insurance company's proposal in connection with the services sought by City of Grand Island. Dissemination of the information contained herein by City of Grand Island, its representatives and consultants shall be limited to their respective employees who are directly involved in the evaluation process. Under no circumstances is any of the information contained herein (including excerpts, summaries, extracts and evaluations thereof) to be used, disseminated, disclosed or otherwise communicated to any person or entity other than City of Grand Island and its representatives and consultants involved in the evaluation process. "CIGNA," "CIGNA Group Insurance" and the "Tree of Life" logo are registered service marks of CIGNA Intellectual Property, Inc., licensed for the use by operating subsidiaries of CIGNA Corporation. All products and services are provided exclusively by such operating subsidiaries and not by CIGNA Corporation. As used in this proposal, these service marks refer to the insurance company which has issued this proposal. 2 City of Grand Island Long Term Disability Proposal Schedule of Benefits Summary Eligibility All active, full-time Employees of the Employer regularly working a minimum of 30 hours per week. Monthly Benefit Percentage 60% Monthly Maximum Benefit $8,500 per month Minimum Benefit $100 Benefit Waiting Period 180 days Maximum Benefit Duration Social Security Normal Retirement Age Accumulated Sick Leave Not Included in Benefit Waiting Period Trial Work Days During the Benefit Waiting Period No limit on trial work days during benefit waiting period provided earnings received do not exceed the earnings test over the entire period. Definition of Disability 24 Months Own/Any Occupation Definition of Disability Loss of Duties OR Loss of Income Own Occupation Earnings Test 80 % Any Occupation Earnings Test 60 % Definition of Covered Earnings Standard Wage includes the employee's wage or salary as reported by the employer but excludes overtime, bonuses or commissions. Eligibility Waiting Period For Employees hired on or before the Policy Effective Date: First of the month after 60 days of active service For Employees hired after the Policy Effective Date: First of the month after 60 days of active service Benefit Reduction Schedule Social Security Normal Retirement Age Integration Type Full Family Employer Contribution 100% Taxation of Benefits Taxable Benefit Return to Work Incentive Benefit Allows up to 100% income replacement for 24 months while receiving benefits under this plan. Rehabilitation Program Included Survivors Benefits 3 months lump sum Continuation of Insurance FML & Family Military Convalescence Support (the later of the approved FMLA period or the period required by state law in which the insured employee works ) Any Other Approved Leave of Absence (up to 12 weeks). An approved leave of absence does not include Furlough, Temporary Layoff or termination of employment. Pre-Existing Condition Limitation 3 months Prior/3 months Treatment-Free/12 months Insured Mental Illness Limitation 24 Month Lifetime Limitation Substance Abuse Limitation 24 Month Lifetime Limitation Subjective Symptom Limitation No Limitation Life Assistance Program (EAP) Included Number of Eligible Employees 430 Healthy Rewards® Offers discounts on a range of health and wellness-related services and products, including discounts on weight management and smoking cessation programs, chiropractic care, anti-cavity products, power toothbrushes, fitness club memberships, hearing and vision care, massage therapy, acupuncture, pharmacy, vitamins, and more. For additional descriptions, see Key Definitions and Provisions section below. 3 CIGNA's Employer FICA Match Benefit for Insured LTDSM CIGNA's Employer FICA Match Benefit for Insured Long Term Disability (LTD) is an additional benefit under which CIGNA assumes responsibility for payment of the employer's share of FICA with respect to taxable disability benefits. The Employer FICA Match Benefit is automatically included in all fully insured LTD plans, where the Employer pays all or part of the premium. The Employer FICA Match Benefit is not available on plans where the premiums are paid entirely by the employee, whether on a pre-tax (Section 125) or post-tax basis. Provided your plan design meets these conditions, your proposal includes this service for your Long Term Disability Plan. With this service level, CIGNA will produce W2 statements and mail them directly to the claimants. In order for this service to become effective, the employer must enter into a Limited Agency Agreement with CIGNA for CIGNA's Employer FICA Reimbursement Service. Long Term Disability Rate Summary Coverage Monthly Covered Payroll Monthly Rate per $100 of Monthly Covered Payroll Monthly Premium LTD $1,914,264 $0.18 $3,446 Rate Guarantee: 3 Years. LONG TERM DISABILITY COMMISSION SUMMARY Rates include the following Graded 15% commission schedule LTD Premium Graded 15% First $15,000 15.00% Next $10,000 10.00% Next $25,000 5.00% Over $50,000 1.00% CIGNA Group Insurance Long Term Disability Proposal Assumptions 4 • Unless stated otherwise in the class definition(s), our eligibility requirements assume that employees are working on a full-time basis, and citizens of the United States, and working in the United States. Part-time, seasonal, temporary, contracted, leased or severed employees are not eligible, unless otherwise noted. • The rates and fees quoted within the proposal are based on information furnished to CIGNA Group Insurance for the purpose of developing a proposal of group insurance. CIGNA Group Insurance has assumed that the demographic and plan design information provided will be an accurate representation of your company at the time of implementation. Premium rates are guaranteed for 2 Years. These rates and the guarantee assume that the number of eligible or insured employees does not change by more than 10% from the date of the census provided. • In addition, the insurance company reserves the right to change premium rates if any of the following occurs: • The policy terms change • A division, subsidiary, eligible company, or class is added/deleted • Federal or state laws or regulation affecting benefit obligations change • Other changes occur in the nature of the risk that would affect our original risk assessment • We determine the employer fails to furnish necessary information • The Short and Long Term Disability rate guarantees are subject to the policy's termination provision. Should the Short or Long Term Disability coverage terminate, CIGNA Group Insurance reserves the right to terminate or rerate any remaining Disability policy or agreement that might be in effect. • If employee participation on any disability product is less than the levels detailed on the Schedule of Benefits Summary Page, then CIGNA Group Insurance reserves the right to not issue coverage or to adjust the rate(s) in this proposal. • If you have employees whose principal work location is in any of the following states, you may be required to provide those employees with non-occupational short-term disability coverage. Regular insured or self-insured STD benefit plans do not generally meet the requirements for coverage under these laws. State How Coverage is Provided Web Site California State Fund or Approved Self-Insurance www.edd.ca.gov Hawaii Insurance Policy or Approved Self-Insurance http://hawaii.gov/labor/dcd New Jersey State Fund, Approved Insurance Policy or Approved Self- Insurance www.nj.gov/labor New York Insurance Policy or Approved Self-Insurance www.wcb.state.ny.us Puerto Rico State Fund, Approved Insurance Policy or Approved Self- Insurance www.nehemiahstoro.com Rhode Island State Fund www.dlt.ri.gov/tdi • For insured benefits, CIGNA Group Insurance contract language will be used without modification. CIGNA Group Insurance will not duplicate the existing policy language but will attempt to match the intent of disclosed policy provisions at the time of quote. • This proposal is neither an insurance contract nor an agreement for administrative insurance services. Should your company decide to install the plan of benefits described within this proposal; your company's representative will receive a contract of insurance, plan documents, and/or service agreement that describes the final benefit and service selections agreed to by you, the employer, and CIGNA Group Insurance. • Certificates of insurance are issued electronically as PDF files, which provide a more efficient and rapid way of communicating benefit information to employees. An initial supply of standard printed certificates can be made available at the request of the policyholder. CIGNA Group Insurance Long Term Disability Proposal Assumptions 5 • Where Fully Insured LTD with Employer Administration is quoted, the Medical Underwriting Activity Reports (reporting status of medically underwritten coverage) are sent to the location(s) designated by the employer and are typically distributed on a monthly basis. If online Medical Evidence of Insurability is quoted, Medical Underwriting Activity Reports (reporting status of medically underwritten coverage) are sent electronically to the employer and are typically distributed on a weekly basis. • The terms and availability of this proposal are subject to the laws of the jurisdiction in which the policy is issued and may change depending on the individual state in which the group policy and agreements are delivered. • This proposal assumes a minimum required lead time for implementation of 6 weeks. • CIGNA Group Insurance companies have entered into, or may enter into, agreements with brokers, under which the insurance company compensates brokers for providing marketplace intelligence and other services intended to enhance the effectiveness of the insurance company's business. CIGNA Group Insurance companies may invite brokers to participate in events sponsored by the insurance company for the same purpose. Any compensation paid may be based on meeting targets for new business production and persistency, and if paid, is funded from the insurance company's overhead and is based on the broker's overall book of business with the insurance company. Any such payments are separate from the commissions, and if applicable, will be included in ERISA Form 5500, Schedule A information provided by the insurance company. 6 CIGNA's Life AssistanceSM Program By helping employees to better balance their work and personal lives, CIGNA's Life AssistanceSM Program (LAP), included with our long-term disability offerings (and available on our term life product offerings), helps employers proactively control absences from work by helping employees access supportive services when needed. This program brings outstanding value by: • Helping ensure employees get the assistance they need when they need it • Promoting health and wellness among employees • Helping employers attract and retain employees This program includes the following services for all covered employees and their immediate family/household members: • 24-hour telephonic consultation • Crisis intervention services • Referrals for up to 3 face-to-face counseling sessions per issue, per year • Work/life consultation, resources and referrals • Online resources for employees and their household members • Employee brochure • Referrals to community resources • Monthly telephonic seminars Introductory employee communication package includes a welcome letter, brochure and wallet cards. The program's unique advantages include: Proactive Outreach - We don't wait for claimants to remember to ask about these services. A reminder at the time of a claim, promotes usage of CIGNA's LAP when employees need it most. Emphasis on Personal Interaction - Face to face counseling is available for behavioral health assistance and members can access live telephonic counseling, online resources and web-based tools 24 hours per day, 7 days per week. Expertise in Behavioral Health - CIGNA's Masters'-and PhD-level licensed behavioral health clinicians can focus on depression concerns, substance abuse, anxiety, parenting, eldercare, and returning to work, among others. Extensive Network of Behavioral Health Resources - CIGNA's network of more than 60,000 contracted licensed behavioral health providers with local network management, makes for easier access to professional help. Comprehensive Life Events Services - Our program offers information and referrals on a wide variety of topics, such as finding qualified child care, summer care, and senior care facilities, research and information on education programs, adoption, and financial information, plus a 30-minute free legal consultation for most legal issues. Life Events Information, Research, and Referral Topics Research and up to 3 qualified referrals within 12 business hours (6 hours for emergencies) • Prenatal Care • Parenting/Childcare • Financial Information* • Adoption • Summer Care • Senior Care • Education • Special Needs • Pet Care • Legal Services* * Except financial information and legal services. Financial referrals are not provided, and legal services are provided by an external partner. CIGNA Group Insurance products & services are provided through underwriting subsidiaries of CIGNA Corporation, including Life Insurance Company of North America and CIGNA Life Insurance Company of New York. "CIGNA" & "CIGNA Group Insurance" are used to refer to these subsidiaries & are registered service marks. CIGNA's Life AssistanceSM services & Full Service EAP Program are provided by CIGNA Behavioral Health, Inc., an operating subsidiary of CIGNA Corporation. KEY DEFINITIONS AND PROVISIONS 7 Continuation of Insurance This Continuation of Insurance provision modifies the Termination of Insurance provision to allow insurance to continue under certain circumstances if the Insured Employee is no longer in Active Service. Insurance that is continued under this provision is subject to all other terms of the Termination of Insurance provisions. Disability Insurance continues if an Employee's Active Service ends due to a Disability for which benefits under the Policy are or may become payable. If the Employee does not return to Active Service, this insurance ends when the Disability ends or when benefits are no longer payable, whichever occurs first. If an Employee's Active Service ends due to an approved leave pursuant to the Family and Medical Leave Act (FMLA), insurance will continue up to the later of the period of his or her approved FMLA leave or the leave period required by law in the state in which he or she is employed. Premiums are required for this coverage. If an Employee's Active Service ends due to any other leave of absence approved in writing by the Employer prior to the date the Employee ceases work, insurance will continue for an Employee for up to 12 weeks. Premiums are required for this coverage. An approved leave of absence does not include Furlough, Temporary Layoff or termination of employment. If an Employee's Active Service ends due to any other excused short term absence from work that is reported to the Employer timely in accordance with the Employer's reporting requirements for such short term absence, insurance for an Employee will continue until the earlier of: a. the date the Employee's employment relationship with the Employer terminates; b. the date premiums are not paid when due; c. the end of the 30 day period that begins with the first day of such excused absence; d. the end of the period for which such short term absence is excused by the Employer Notwithstanding any other provision of this policy, if an Employee's Active Service ends due to termination of employment, or any other termination of the employment relationship, insurance will terminate and Continuation of Insurance under this provision will not apply. If an Employee's insurance is continued pursuant to this Continuation of Insurance provision, and he or she becomes Disabled during such period of continuation, Disability Benefits will not begin until the later of the date the Elimination Period is satisfied or the date he or she is scheduled to return to Active Service. Disability We consider employees disabled if, because of Injury or Sickness, they are unable to perform the material duties of their regular occupation for a specified period; and, solely due to Injury or Sickness, they are unable to earn more than the percentage of their Indexed Covered Earnings from working in his or her regular occupation. (As shown in your Proposal Summary) Thereafter, employees are disabled if their Injury or Sickness makes them unable to perform the material duties of any occupation for which they may reasonably become qualified based on education, training or experience; and solely due to Injury or Sickness, they are unable to earn more than the percentage of their Indexed Covered Earnings. (As shown in your Proposal Summary) Exclusions and Limitations We will not pay Disability Benefits for a disability that results directly or indirectly from any of the following: • suicide, attempted suicide or any intentionally self-inflicted injuries • war or any act of war • active participation in a riot • commission of a felony • loss of a license, permit or certification necessary to perform the occupational duties of the employee KEY DEFINITIONS AND PROVISIONS 8 • cosmetic surgery or surgical procedure that is not Medically Necessary (applies to STD only) • injury or sickness where employee is entitled to benefits from Workers' Compensation or occupational disease law (applies to STD only) • injury or sickness that is work-related (applies to STD only) In addition, we will not pay Disability Benefits for any period of Disability during which an employee: • is incarcerated in a penal or corrections institution Furlough Furlough means a temporary suspension or alteration of Active Service initiated by the Employer, for a period of time specified in advance, not to exceed 30 days at a time. If the Schedule of Benefits specifies period of time greater than 30 days for Furlough, then that specified period of time will be used to define Furlough for each affected class, as detailed in the Schedule of Benefits. Maximum Benefit Period This is the maximum length of time for which we will pay Disability Benefits to a disabled employee. Benefit payments may end earlier if the employee no longer qualifies under the terms or conditions of this policy. The later of the Employee's SSNRA* or the Maximum Benefit Period listed below. Age at Start of Disability Maximum Benefit Duration age 62 or younger the employee's 65th birthday or the 42nd monthly disability benefit age 63 the 36th monthly disability benefit age 64 the 30th monthly disability benefit age 65 the 24th monthly disability benefit age 66 the 21st monthly disability benefit age 67 the 18th monthly disability benefit age 68 the 15th monthly disability benefit age 69 or older the 12th monthly disability benefit *SSNRA means the Social Security Normal Retirement Age in effect under the Social Security Normal Retirement Act on the Plan Effective Date. Pre -existing Conditions We define pre-existing conditions as any Injury or Sickness for which an employee has incurred expenses, received medical treatment, care or services including diagnostic measures, took prescribed drugs or medicines, or for which a reasonable person would have consulted a physician prior to the most recent effective date of insurance. This limitation will apply to any added benefits or increases in benefits. We do not cover disabilities resulting from pre-existing conditions unless they begin after the employee has been insured for, or had the added benefit increase in effect for, the number of months shown in the Proposal Summary. Except for any benefits in excess of a prior plan's coverage, we will credit employees who have fulfilled all or a part of your previous group disability plan's pre-existing condition requirement immediately before our plan takes effect. Credit is awarded for each day the employee is in Active Service. KEY DEFINITIONS AND PROVISIONS 9 Rehabilitation Plan Participation An employee qualifying for Disability Benefits under this plan may be approached as a suitable candidate for a Rehabilitation Plan, based on individual circumstances. While the terms and specifics of each Rehabilitation Plan are unique to each individual, the Rehabilitation Plan may at our discretion allow payment of the employee's medical, education, moving, retraining, accommodation or family care expenses by us. If an employee is approached as a suitable candidate for a Rehabilitation Plan and refuses such assistance, Disability Benefits will not be payable until the employee agrees to participate in our rehabilitation efforts. A Rehabilitation Plan is a written plan designed to enable the Employee to return to work. It can consist of educational, vocational, physical rehabilitation or other services as well as work including modified and part time work. Return to Work Incentive Benefit To enable employees to return to work on a limited-duty or part-time basis while receiving Disability Benefits under this plan, a Work Incentive Benefit has been included. Disabled employees who return to work in a limited capacity while receiving Disability Benefits may continue to receive benefits. During the first 24 months that monthly benefits are payable, benefits would only be reduced to the extent necessary to ensure that the combination of this plan's benefit, work earnings and Other Income Benefits do not exceed 100% of the individual's pre-disability Covered Earnings. After 24 months, Disability Benefits are reduced by 50% of work earnings. If an employee returns to work while benefits are payable, but is not performing to the level of his or her Optimum Ability in that position -- as determined by independent medical specialists qualified to make such an evaluation -- the benefits payable under this plan will be reduced by the difference between what the employee actually earns, and what he or she would be earning if working to the level considered by those specialists to be the employee's Optimum Ability (if applicable). Work Incentive Benefits are payable for the Maximum Benefit Period or until the employee no longer qualifies for these benefits. Survivor Benefit This benefit provides important support for surviving family members if a disabled employee dies. It helps bridge the financial gap that can follow a disabled employee's death, when Disability Benefits normally stop. When death occurs while the disabled employee has been receiving long term Disability Benefits, we pay an amount equal to the last Disability Benefit payable for a full month plus the amount of any Disability Earnings by which the benefit had been reduced for that month for a preset number of monthly benefits all in one lump sum payment. Please see the Proposal Summary for the period you have selected. We pay the benefit to the employee's children in equal shares if there is no living spouse or to the employee's estate if there is no spouse or children. Temporary Layoff Temporary Layoff means a temporary suspension of Active Service for a period of time determined in advance by the Employer, other than a Furlough as defined. Temporary Layoff does not include the permanent termination of Active Service (including but not limited to a job elimination), which shall be treated as termination of employment. Termination of Disability Benefits Benefits will end on the earliest of the following dates: KEY DEFINITIONS AND PROVISIONS 10 • the date an Employee earns more than the percentage of his or her Indexed Covered Earnings which is used to determine if an Employee is Disabled • the date the Insurance Company determines an Employee is not Disabled • the end of the Maximum Benefit Period • the date an Employee dies • the date the Employee is no longer receiving Appropriate Care • the date the Employee refuses to cooperate with us in the administration of the claim • the date the Employee refuses to participate in rehabilitation efforts as required by the Insurance Company Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney RESOLUTION 2010-301 Whereas, the City provides long term disability insurance to employees as prescribed in labor agreements and as authorized by the City of Grand Island Personnel Rules; and WHEREAS, the City of Grand Island advertised a request for proposal for its Long Term Disability Insurance benefits; and WHEREAS, a Committee consisting of members of the Human Resources Department, the Finance Department, and the Attorney/Purchasing Agent met and reviewed proposals for vendor selection; and WHEREAS, Strong Financial Resources, Inc. of Aurora brought in the proposal by CIGNA Group Insurance that best met the criteria used to evaluate the companies as well as the most competitive pricing; and WHEREAS, The cost for Long Term Disability Insurance benefits will be .18 per $100 of wages; and WHEREAS, the proposed rate is guaranteed for a three year contract period; and WHEREAS, the contract will commence on December 1, 2010 and will renew annually through November 30, 2013; NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Long term Disability Insurance contract with CIGNA Group Insurance is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2010-302 - Approving Amendment to Library Personnel FTE Budget Allocation Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Library Director Meeting: October 26, 2010 Subject: Approving Amendment to Library Personnel FTE Budget Allocation Item #’s: G-14 Presenter(s): Steve Fosselman, Library Director Background Librarian Merry von Seggern will be retiring at the end of October and so the Grand Island Public Library has undertaken a review of the best means to fill this opening. The library has concluded that hiring within the Library Assistant I & II line of the Library Personnel FTE Budget Allocation will be more cost-effective and better suits library service needs at this time. This change doesn’t increase the library’s total FTE’s, but since the city Human Resources Department derives its authority in advertising positio ns from the City Council-approved budget which includes specific allocations for library personnel classifications, an amendment to the Library Personnel FTE Budget Allocation is necessary. Discussion This changes the Library Personnel FTE Budget Allocation as follows: Personnel Classification Budgeted Revised Net Change Librarian I & II 4.00 FTE 3.00 FTE - 1.00 FTE Library Assistant I & II 13.2787 FTE 14.2787 FTE + 1.00 FTE 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 this amendment to the Library Personnel FTE Budget Allocation. Sample Motion Move to approve this amendment to the Library Personnel FTE Budget Allocation. Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-302 WHEREAS, the Grand Island Public Library has undertaken a review of the best means to fill an employment opening due to the retirement of a Librarian I and has concluded that hiring within the Library Assistant I/II line of the Library Personnel FTE Budget Allocation will be more cost-effective and better suits library service needs at this time; and WHEREAS, this change doesn’t increase the library’s total FTE’s, but involves changes to classification allocations within the library’s FTE budget; and WHEREAS. the city Human Resources Department derives its authority in advertising positions from the City Council-approved budget which includes specific allocations for library personnel classifications; and WHEREAS, an amendment to the Library Personnel FTE Budget Allocation is necessary to allow for a net reduction of 1.00 FTE in the Librarian I and II classifications and a net increase of 1.00 FTE in the Library Assistant I and II classifications. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Council approves this amendment to the Library Personnel FTE Budget Allocation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2010-303 - Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sidewalk District No. 1, 2007 Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: October 26, 2010 Subject: Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sidewalk District No. 1, 2007 Item #’s: G-15 Presenter(s): Steven P. Riehle, Public Works Director Background The contract in the amount of $25,345.50 for Sidewalk District No. 1, 2007 was awarded to Galvan Construction, Inc. of Grand Island, Nebraska on December 2, 2008. Work commenced on April 9, 2009 and was completed on October 13, 2010. Discussion Sidewalk District No. 1, 2007 was completed in accordance with the terms, conditions, and stipulations of the contract, plans and the specifications. The original contract amount was based on installing sidewalk along twenty-one (21) properties. Nine (9) of the property owners took the responsibility of installing the sidewalks themselves and Ordinance No. 9278 removed two (2) properties, thus the project was completed at a lesser amount than what the contract was for. The project was completed at a construction price of $12,557.37. Total cost of the project, including Engineering Services of $1,255.74, is $13,813.11. The costs for this project will be assessed to the adjacent properties. The payments are spread over seven (7) years at 7% simple interest. The first payment of principle only at 1/7th of the assessment is due 10 days after filing of the ordinance from the Board of Equalization. The City has had multiple correspondences with the property owners and will send a reminder letter advising them that the BOE is scheduled for November 23, 2010 and the first payment will be due shortly after. Below is a list of the properties that were included in Sidewalk District No. 1, 2007 and whether the property owner or City installed the sidewalks under the district – 507 E 13th St City installed 511 E 13th St City installed 515 E 13th St Owner installed 412 E 14th St Owner installed 424 E 14th St City installed 504 E 14th St City installed 507 E 14th St City installed 519 E 14th St Removed from District 523 E 14th St Removed from District 304 E 16th St Owner installed 667 Bischeld St City installed 2224 S Blaine St Owner installed 2226 S Blaine St Owner installed 2305 S Blaine St Owner installed 2315 S Blaine St Owner installed 2409 S Blaine St Owner installed 2410 S Blaine St Owner installed 4177 W Capital Ave Owner installed 230 S Cherry St Owner installed 234 S Cherry St Owner installed 238 S Cherry St Owner installed 246 S Cherry St Owner installed 250 N Darr Ave City installed 667 Groff St Owner installed 706 Kennedy Dr Owner installed 2104 W North Front St City installed 2117 W North Front St Owner installed 2123 W North Front St Owner installed 414 N Oak St Owner installed 2526 Pioneer Ave Owner installed 359 S Plum St City installed 828 Saint Paul Rd Owner installed 930 Saint Paul Rd City installed 1020 Saint Paul Rd Owner installed 1804 N Webb Rd Owner installed 1812 N Webb Rd Owner installed 1816 N Webb Rd Owner installed Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the Certificate of Final Completion for Sidewalk District No. 1, 2007 and set the Board of Equalization date of November 23, 2010. Sample Motion Move to approve the Certificate of Final Completion and Set the Board of Equalization for Sidewalk District No. 1, 2007. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sidewalk District No. 1, 2007 CITY OF GRAND ISLAND, NEBRASKA October 26, 2010 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Sidewalk District No. 1, 2007 has been fully completed by Galvan Construction, Inc. of Grand Island, Nebraska under the contract dated December 2, 2008. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as City Engineer/Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Sidewalk District No. 1, 2007 Unit Total Total No. Description Price Unit Quantity Cost 1. 4” PCC Sidewalk $3.05 s.f. 4,117.17 $12,557.37 TOTAL CONSTRUCTION COST – SIDEWALK DISTRICT NO. 1, 2007 $12,557.37 LESS AMOUNT PREVIOUSLY PAID CONTRACTOR $12,244.44 BALANCE DUE CONTRACTOR THIS FINAL PAYMENT $ 312.93 Engineering Costs $ 1,255.74 ------------------- TOTAL COST OF SIDEWALK DISTRICT NO. 1, 2007 $13,813.11 Amount Assessable to Property Owners $13,813.11 PAGE 1 OF 2 Respectfully submitted, Steven P. Riehle, P.E. Public Works Director I hereby recommend that the Engineer’s Certificate of Final Completion for Sidewalk District No. 1, 2007 be approved and that the costs of City Engineering be credited to Account No. 10033001.74516 from Account No. 40033535.90072 in the amount of $1,255.74. I further recommend that the City Council sit as a Board of Equalization on November 23, 2010 to determine benefits and levy special assessments. Respectfully submitted, Margaret Hornady Mayor PAGE 2 OF 2 Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-303 WHEREAS, the City Engineer/Public Works Director of the City of Grand Island has issued a Certificate of Final Completion for Sidewalk District No. 1, 2007, certifying that Galvan Construction, Inc. of Grand Island, Nebraska, under contract dated December 2, 2008, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the certificate of final completion for Sidewalk District No. 1, 2007; and WHEREAS, the Mayor concurs with the recommendations of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director’s Certificate of Final Completion for Sidewalk District No. 1, 2007, is hereby confirmed. 2. The costs of City Engineering be credited to Account No. 10033001.74516 from Account No. 40033535.90072 in the amount of $1,255.74. 3. The City Council will sit as a Board of Equalization on November 23, 2010 to determine benefits and set assessments for Sidewalk District No. 1, 2007. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2010-304 - Approving Certificate of Final Completion for Sod at the Veterans Athletic Field Complex Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: October 26, 2010 Subject: Certificate of Final Completion-Furnishing and Installation of Sod at the Veterans Athletic Field Complex Item #’s: G-16 Presenter(s): Steve Paustian, Parks and Recreation Director Background A contract was entered into with Tilley Sprinkler Systems of Grand Island on September 29, 2010 for furnishing and installing of sod at the Veterans Athletic Complex. Discussion All work associated with this contract has been completed and it is appropriate at this time to close out the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the certificate of final completion and make final payment to Tilley Sprinkler Systems of Grand Island in the amount of $46,629.00. Sample Motion Move to close out the contract with Tilley Sprinkler Systems of Grand Island and make final payment in the amount of $46,629.00 to Tilley Sprinkler Systems of Grand Island Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-304 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for the Furnishing and Installation of Sod at the new Veterans Athletic Field Complex, certifying that Tilley Sprinkler Systems of Grand Island, NE, under contract dated September 29, 2010, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Parks and Recreation Director’s Certificate of Final Completion for Furnishing and Installation of Sod at the new Veterans Athletic Field Complex is hereby confirmed. 2. That a warrant be issued from account #40044450-90122 in the total amount of $46,629.00 payable to Tilley Sprinkler Systems for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Approving Request from Brett Klanecky, 310 Cody Road, St. Libory, Nebraska for Liquor Manager Designation for Pizza Hut, 1608 South Locust Street Tuesday, October 26, 2010 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: October 26, 2010 Subject: Request from Brett Klanecky, 310 Cody Road, St. Libory, Nebraska for Liquor Manager Designation for Pizza Hut, 1608 South Locust Street Item #’s: H-1 Presenter(s): RaNae Edwards, City Clerk Background Brett Klanecky, 310 Cody Road, St. Libory, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “A-31060” Liquor License for Pizza Hut, 1608 South Locust Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Cont rol Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. The Police Department objects to Brett Klanecky being the liquor manager at Pizza Hut due to his recent alcohol related convictions, failing to disclose other convictions and barely being of the legal drinking age. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to deny the request from Brett Klanecky, 310 Cody Road, St. Libory, Nebraska fo r Liquor Manager Designation in conjunction with the Class “A-31060” Liquor License for Pizza Hut, 1608 South Locust Street due to his recent alcohol related convictions, failing to disclose other convictions and barely being of the legal drinking age. 10/12/10 Grand Island Police Department 450 14:27 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 13:12:22 10/08/2010 Occurred before : 13:12:22 10/08/2010 When reported : 13:12:22 10/08/2010 Date disposition declared : 10/08/2010 Incident number : L10101070 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1608 Locust St S 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 : 13856 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------------- NM 98211 10/08/10 Pizza Hut, Business Involved NM 131319 10/08/10 Klanecky, Brett T Proposed Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor Manager Application from Brett Klanecky at Pizza Hut South. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 10/12/10 Grand Island Police Department 450 14:27 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 12:56:22 10/12/2010 318 Grand Island Police Department Supplemental Report Date, Time: Tue Oct 12 13:00:40 CDT 2010 Reporting Officer: Vitera Unit- CID Brett Klanecky is 22 years old. He disclosed that he has an MIP conviction in 2008 and 2006. He disclosed no other convictions. I checked Brett through NCJIS and found that he was also convicted of maintaining a disorderly house in Lincoln. The charge came two days after his 20th birthday. He also failed to disclose four other traffic convictions. I called Brett and spoke to him over the phone. He advised that he hasn't gotten into trouble since he turned 21. Brett asked if he should provide references. I told him that I would call a past supervisor that he listed on the application. I spoke to Justin Jones who supervised Brett at Raising Canes in Lincoln which is a restaurant that specializes in chicken and does not serve alcohol. Justin said that Brett was good employee who was always on time for work and worked extra hours when asked. He also said that Brett got along well with the management team. He said it was tough losing Brett. Since Raising Cane doesn't sell alcohol, Justin said he has no idea how Brett would handle that situation. The combination of Brett barely being legal drinking age, having recent alcohol related convictions, and failing to disclose other convictions makes it difficult to recommend him for being a liquor manager. At this time, the GIPD objects to Brett Klanecky being the liquor manager at Pizza Hut. Item I1 #2010-305 - Approving Request from Casey’s Retail Company dba Casey’s General Store #2903, 3428 West Capital Avenue for a Class “B” Liquor License and Liquor Manager Designation for Tina Krings, 1009 Milan Drive #7, Norfolk, Nebraska This item relates to the aforementioned Public Hearing Item E-1. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-305 WHEREAS, an application was filed by Casey’s Retail Company doing business as Casey’s General Store #2903, 3428 West Capital Avenue for a Class "B" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 16, 2010; such publication cost being $15.18; and WHEREAS, a public hearing was held on October 26, 2010 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 Tina Krings, 1009 Milan Drive #7, Norfolk, Nebraska as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2010-306 - Approving Resolution in Support of Amendment No. 1 Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Council Agenda Memo From: Mayor Margaret Hornady Meeting: October 26, 2010 Subject: Approving Resolution in Support of Amendment No. 1 Item #’s: I-2 Presenter(s): Mayor Margaret Hornady Background On March 26, 2010, the Nebraska State Legislature voted to place Amendment 1 (LR 297CA) on the ballot at the November 2010 General Election. If approved by the voters Amendment 1 would amend Article XIII, Section 2 of our state constitution to allow the Legislature to grant municipalities more flexibility in funding sources for LB 840 plans to fund local economic or industrial projects and programs. LB 840 funds are used to promote job retention, create better jobs, develop diversified local economies and develop a broader tax base for cities and villages to reduce pressure on local property tax payers. The voters of the City of Grand Island approved the economic development program at a Special Election held May 6, 2003. The City of Grand Island approved and adopted an Economic Development Program on July 22, 2003 in conformity with Neb. Rev. Statute §18-2710. Discussion If passed by the voters of the State of Nebraska at the General Election on November 2, 2010, Amendment 1 would authorize the Legislature to allow municipalities to use funds (in addition to those raised from property taxes and local option sales tax) derived from “any other general tax levied by the city or village or generated from municipally owned utilities or grants, donations, or state and federal funds received by the city or village subject to any restrictions of the grantor, donor, or state or federal law”. Without increasing taxes this amendment simply broadens the funding sources available for municipalities to use in funding LB 840 plans. 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 Resolution #2010-306 in support of passage of Amendment 1. Sample Motion Move to approve Resolution 2010-306. Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-306 WHEREAS, on March 26, 2010, the Legislature voted 47-0 to place Amendment 1 (LR 297CA) on the ballot at the November 2010 General Election; and WHEREAS, if passed by voters this November, Amendment 1 would amend Article XIII, Section 2 of our state constitution to allow the Legislature to grant municipalities more flexibility in funding sources for LB 840 plans which fund local economic or industrial projects and programs, subject to a local vote of the people; and WHEREAS, LB 840 plans approved by voters in 53 municipalities have already resulted in successful economic and industrial projects and programs to help promote job retention, create thousands of better jobs, develop a more diversified local economy as well as develop a broader tax base for cities and villages to reduce pressure on local property tax payers; and WHEREAS, our state constitution currently authorizes the Legislature to allow LB 840 plans to be funded ONLY with property tax dollars and/or local option sales tax dollars, with local voter approval; and WHEREAS, if passed by voters this November, Amendment 1 would authorize the Legislature to allow municipalities with voter approved LB 840 plans to use funds (in addition to those raised from property taxes and local option sales tax) derived from “any other general tax levied by the city or village or generated from municipally owned utilities or grants, donations, or state and federal funds received by the city or village subject to any restrictions of the grantor, donor, or state or federal law.”; and WHEREAS, virtually all of the 53 municipalities with LB 840 plans obtained voter approval using some portion of their local option sales tax; and WHEREAS, more flexibility in funding LB 840 plans is needed by municipalities across the state due to increasing pressure on property taxpayers, local budgets and local option sales tax dollars already committed to fund other important municipal services and programs; and WHEREAS, if approved by voters at the General Election this November, the Legislature would have the authority to pass enabling legislation to allow municipalities to use sources of revenue listed in Amendment 1, in addition to property taxes and local option sales tax to fund LB 840 plans, with local voter approval; and - 2 - - 3 - WHEREAS, once the Legislature passes enabling legislation, municipalities would then be able to submit proposals to obtain local voter approval for using any such additional sources of revenue to fund LB 840 plans; and WHEREAS, a vote for Amendment 1 is a vote for LOCAL CONTROL and FLEXIBILITY in funding LB 840 plans with local voter approval for the retention and creation of jobs and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to support passage of Amendment 1 on the November 2010 ballot. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2010-307 - Approving Interlocal Agreement with Nebraska First Class Cities for L200 Federal Transportation Funding Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: October 26, 2010 Subject: Approving Interlocal Agreement with Nebraska First Class Cities for L200 Federal Transportation Funding Item #’s: I-3 Presenter(s): Steven P. Riehle, Public Works Director Background The City of Grand Island has been a recipient of approximately $900,000 of annual federal transportation funds (L200 funding category), these funds do not include safety projects, safe routes to school projects or transportation enhancement projects such as trails or downtown lighting, bridges, etc. The Nebraska Department of Roads (NDOR) allocated the L200 funds to Grand Island and the other first class cities based on a long time formula that included factors such as lane miles of streets, population, etc. The NDOR kept a running total of dollars of a community's L200 federal transportation funds. This would allow a community to build up funds for a large project. The Federal Highway Administration (FHWA) has advised the NDOR that federal transportation funds have to be obligated to a project before the federal fiscal year ends on September 30th of each year. Federal Transportation funds are considered "obligated" to a project when the plans, specifications and estimate (PS&E) package was approved and the project was ready to be advertised for bids. If, as a group, the first class cities were unable to obligate all of the funds available for the first class cities, the NDOR would use the unobligated dollars on a state federal aid project. The NDOR would allow first class cities to keep the funds "in the bank" of sorts to be used in a subsequent year. The NDOR uses State Transportation funds to provide the flexibility needed in balancing the system and avoid the lapse of any federal funds. The state funds available for the state's transportation program are not keeping pace with the needs, thereby no longer allowing the flexibility to keep running balances in the individual accounts of first class citites. Discussion The proposed system joins together the first class cities across Nebraska through an inter- local agreement. The Nebraska League of Municipalities (NLM) will assist with management of the inter-local agreement. The NDOR has agreed to keep track of a pro- rata funding system that approximates the current system. The cities of the first class will work through the inter-local agreement to submit a list of projects based on readiness and local priorities. A quick summary of the proposed inter-local agreement is as follows: · Participants will present eligible projects list to NDOR · Projects shall be prioritized so available funds can be utilized · Prioritization shall match pro-rata distribution of funding to the maximum extent possible o pro-rat distribution will not take precedence over ensuring that funds don't lapse · Participants will hold meeting to determine procedures · A method of determining who serves as the City's representative will be part of procedures · Procedures can include an Executive Committee · Representatives will meet at least 4 times annually Attached for City Council reference is a memo dated September 29, 2010 from Lash Chaffin that provides more details on the process. A copy of the proposed inter-local agreement is also attached. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve – Public Works & City Administration believe that the inter-local agreement for L200 federal transportation funds will benefit any first class city that has a system in place to manage the projects. Working with Public Works Director/City Engineer, Steve Riehle; the recent hires of Terry Brown as Manager of Engineering Services; and Scott Griepenstroh as Project Manager will significantly increase Grand Island’s ability to manage federal transportation projects. 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue – Public Works Administration recommends against taking no action on the agreement. If the City does not enter into the inter-local agreement, we will be required to spend our approximately $900,000 of L200 funds each year. We will lose flexibility, the ability to build up funds and lose whatever portion of the $900,000 we don’t get obligated each year. Recommendation Public Works Administration recommends that the Council approve the City entering into the inter-local agreement with Nebraska First Class Cities for L200 federal transportation funding. Sample Motion Move to approve the City entering into the inter-local agreement. NEBRASKA CITY OF THE FIRST CLASS FEDERAL HIGHWAY TRANSPORTATION FUNDING AGREEMENT PURPOSE The NEBRASKA CITY OF THE FIRST CLASS FEDERAL HIGHWAY TRANSPORTATION FUNDING AGREEMENT is hereby established to ensure that Cities of the First Class in the State of Nebraska maximize federal funding opportunities for transportation projects at the local level. PARTIES This Agreement (“Agreement”) is entered into by, CITY OF GRAND ISLAND, that by the signatures on duplicate original copies of this Agreement has consented to the terms of this Agreement. Any City that has signed this Agreement and submitted a copy to the League of Nebraska Municipalities located at 1335 L Street, Lincoln, NE, is a party to this Agreement. Eligible participants shall be limited to any City of the First Class in the State of Nebraska that is eligible for federal surface transportation funding in the L200 funding category, or a substantially similar category that may go by a different title. Cities of the First Class located in a Transportation Management Area are not eligible for L200 funding at this time. EXCECUTION OF AGREEMENT PURPOSES · Participants in this Agreement shall annually, or more often as needed, prepare a list of transportation projects eligible for L200 federal funding. This list shall then be presented to the Department of Roads for their consideration. · The list shall include prioritization of projects to guarantee that projects are available in the proper funding years so that available L200 funds can utilized to the maximum extent possible in Cities eligible for L200 funding. · To the maximum extent possible, the prioritization of projects shall reflect a pro- rata distribution of funding over a period of multiple years. However, in no event shall the consideration of pro-rata funding take precedence over ensuring that projects are available in the proper funding year so that available L200 funds can utilized to the maximum extent possible in Cities eligible for L200 funding. · Upon execution of this Agreement by 15 Cites of the First Class eligible for Federal Funding in the L200 category, those Cities shall hold a meeting to determine procedures to carry out the purposes outlined in this agreement. · Such procedures shall include a method of determining who shall serve as the City’s representative to the Interlocal Agreement. · Such procedures can include the election of an executive committee that includes persons with expertise in determining when projects can be processed through the Department of Roads system. The Representatives of this Agreement shall meet at least 4 times annually with the Department of Roads staff to discuss issues associated with the preparation of the priority list. One of those meetings shall be in association with the League of Nebraska Municipalities Utilities Section Annual Conference and shall include training on issues associated with L200 Funding. EXPENSES All participants to this Agreement shall be responsible for their own expenses related to the execution of this Agreement. GOVERNANCE AND VOTING The NEBRASKA CITY OF THE FIRST CLASS FEDERAL HIGHWAY TRANSPORTATION FUNDING AGREEMENT shall be governed by a Board of one representative from each participating City. On an annual basis, each participating City shall be responsible for communicating to the League of Nebraska Municipalities the name of its Representative. The representative from each City shall be entitled to one vote on matters before the Board. The Board shall adopt procedures for alternate representatives. FUNDING AND PROPERTY OWNERSHIP The NEBRASKA CITY OF THE FIRST CLASS FEDERAL HIGHWAY TRANSPORTATION FUNDING AGREEMENT shall not collect dues, taxes or any type of revenue from the participating Cities. The NEBRASKA CITY OF THE FIRST CLASS FEDERAL HIGHWAY TRANSPORTATION FUNDING AGREEMENT shall not own property. TERM AND DURATION This Agreement shall become effective as to each party on the date such party executes the Agreement and shall continue in force and remain binding until said party terminates the agreement. Termination of participation in this Agreement by a party shall not affect the continued operation of this Agreement between and among the remaining parties. This agreement shall remain effective until January 31, 2059. TERMINATION Any Party may at any time by written resolution or notice given to the administrator to decline to participate in the provision of mutual aid. The party shall give written notice of termination of participation in this Agreement. NOW, THEREFORE, in consideration of the covenants and obligations contained herein, the Participating City listed here, as a Participating City duly executes this Agreement this ______ day of _________________________, 2010. CITY OF GRAND ISLAND _________________________________ Name of City _________________________________ Mayor Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-307 WHEREAS, the Federal Highway Administration (FHWA) has advised the Nebraska Department of Roads (NDOR) that federal transportation funds (L200 funding category) have to be obligated to a project before the federal fiscal year ends on September 30th of each year; and WHEREAS, the NDOR will allow First Class cities to enter into an inter-local agreement and keep funds accrue funds for subsequent years; and WHEREAS, the City of Grand Island is considered a First Class city and eligible to enter into the inter-local agreement with other First Class cities to prioritize L200 projects; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the inter-local agreement with the First Class cities in the State of Nebraska for the L200 Federal Transportation funding is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2010-284 - Approving Acquisition of a Portion of South Locust Street between the Grand Island City Limits and the Northernmost Terminus of the Exit Ramps to the Interstate 80 Interchange (County of Hall, Nebraska) Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: October 26, 2010 Subject: Approving Acquisition of a Portion of South Locust Street between the Grand Island City Limits and the Northernmost Termin us of the Exit Ramps to the Interstate 80 Interchange (County of Hall, Nebraska) Item #’s: I-4 Presenter(s): Steven P. Riehle, Public Works Director Background According to Nebraska State Statutes a public hearing was held on this matter at the October 12, 2010 council meeting. The council agenda for the October 12th meeting included a council memo and a resolution, but did not include the real estate transfer statement or the 1992 inter-local agreement that provided for the City to accept the ROW. The council agenda item to approve the acquisition of the Locust Street Right-Of-Way was postponed from the October 12th meeting to the October 26th meeting in order to allow council to review the inter-local agreement. An April 6, 1992 Inter-local agreement between the City of Grand Island, Hall County, the Nebraska Department of Roads and the Federal Highway Administration detailed obligations of the State, County and City regarding the construction of a new Locust Street I-80 Interchange and upgrading Locust Street to a 4-lane roadway. The agreement provided that upon completion of Hall County's improvements and construction obligations, the County shall transfer to the City of Grand Island that portion of South Locust Street between the Grand Island City limits and the northernmost terminus of the exit ramps at the Interstate 80 interchange. The agreement provides that the City will accept the rights and obligations to the road including operation and maintenance. The FHWA, NDOR, County and City have all spent money under the terms of this agreement, which indicate acceptance of the terms of the agreement. If the property is not accepted and the property remains with the county, unauthorized taxpayer monies have been spent on a county road. Discussion With the completion of the 4-lane roadway on South Locust Street it is now time to complete the transfer of the portion of South Locust Street named in the Inter-local agreement. The County Board approved the transfer of real estate to the City at their September 28, 2010 meeting. The real estate transfer statement and 1992 inter-local agreement are attached for reference Details of the 1992 Inter-local agreement are summarized below: 1. The agreement continues through annexation of the Right-Of-Way till no longer used as a public road. 2. Administration of the agreement is delegated to the Grand Island Department of Public Works. 3. The agreement is to cause construction, operation and maintenance of the roadway as well as define responsibility. 4. Requires the County and City to adopt and maintain budgets to fund obligations. 5. Termination of the agreement requires mutual consent of all parties. 6. Grand Island Public Works Director is the appointed administrator. 7. The State is to design, construct, operate and maintain the interchange. The state will also accept title to the lands acquired for the interchange ramps that was purchased by the County and City. 8. The County is to design and construct Locust Street to one-half of a 4-lane facility. The county is also to acquire ROW, mitigate wetlands and convey lands for the ramps to the State and for Locust Street to the City. 9. The City is to accept the rights to Locust Street and operate & maintain the roadway. The city also is to expand the roadway to a 4-lane facility as soon as reasonably possible after average daily traffic counts exceed 6,000. a. The traffic counts for the section of Locust Street between the south City Limits and the I-80 interchange have not yet reached this threshold. b. The city takes traffic counts on Locust Street between Schimmer Road and the Wood River Floodway (South City Limits) as shown below. Year Vehicles Per Day 2003 1,250 2004 1,878 2005 4,607 2006 5,020 2007 5,318 2008 5,467 2009 4,948 2010 8,031* *The 2010 traffic counts were taken on Monday, May 3, 2010. The 2010 counts show an increase of over 60% from 2009. Other counts in this area were also higher in May and we believe that can be attributed to increased construction activity. 10. The road cannot be vacated with first offering to relinquish it to the county. a. A review of notes in the project files mentioned that the inter-local agreement provided for the city to annex Locust Street because construction of a 4-lane roadway would qualify the segment of Locust Street between Interstate 80 and the City as a Link and the State did not want to add roadway mileage to their system. 11. Further agreement of Parties a. The County is to transfer and the city is to accept the road without additional compensation. b. The city agrees to assume responsibility and authority for planning, designating, financing, establishing, constructing, improving, maintaining, using, altering, relocating, regulating, or vacating the road. If the road became part of the State highway system, the responsibility regarding ownership, control, maintenance and operation of Locust Street remains with the City. c. The City is to fund expansion of the roadway to a 4-lane facility. d. The city assumes liability and indemnifies other parties. Since the City would be taking over operation and maintenance of this section of Locust Street, Public Works Administration will bring forward a resolution for council consideration at a future meeting to refer the property to the RPC for possible annexation of the Locust Street Right-Of-Way into city limits. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue. Public Works Administration recommends against taking no action because the agreement involves multiple entities such as Hall County, the NDOR and the FHWA and could jeopardize future projects and federal transportation funds. Recommendation Public Works Administration recommends that the Council approve acquisition of that portion of South Locust Street between the Grand Island City limits and the northernmost terminus of the exit ramps at the Interstate 80 interchange. The City legally obligated itself to this agreement. The County, City, NDOR, and FHWA have all spent considerable funds to meet obligations of the agreement. The federal transportation funds expended to date as well as future federal transportation funds could be jeopardized if the terms of the agreement are not followed. Sample Motion Move to approve the acquisition. Approved as to Form ¤ ___________ October 22, 2010 ¤ City Attorney R E S O L U T I O N 2010-284 WHEREAS, on April 6, 1992, the City of Grand Island entered into an Inter-Local Cooperation Agreement with the Nebraska Department of Roads and Hall County, for the purpose of the improvement of South Locust Street and the construction of an interchange at the intersection of South Locust Street and Interstate 80; and WHEREAS, said Inter-Local Cooperation Agreement imposed upon the County of Hall, Nebraska certain obligations in furtherance of said improvement and construction project; and WHEREAS, said Inter-Local Cooperation Agreement further provides that upon completion of its improvements and construction obligations under said agreement, the County of Hall, Nebraska, shall transfer to the City of Grand Island, Nebraska, and the City shall accept all right and obligations the County may have in and to that portion of South Locust Street between the Grand Island city limits and the northernmost terminus of the exit ramps at the Interstate 80 interchange; and WHEREAS, a public hearing was held on October 12, 2010, for the purpose of discussing the proposed acquisition of the portion of South Locust Street, particularly described as follows: Real property known as South Locust Street situated in Hall County, Nebraska: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 34, THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 193.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF- WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 88°36’52” RIGHT A DISTANCE OF 552.03 FEET; THENCE WESTERLY DEFLECTING 91°17’24” RIGHT A DISTANCE OF 32.82 FEET; THENCE SOUTHWESTERLY DEFLECTING 84°19’09” LEFT A DISTANCE OF 243.29 FEET; THENCE SOUTHERLY DEFLECTING 6°58’15” LEFT A DISTANCE OF 328.08 FEET; THENCE SOUTHEASTERLY DEFLECTING 8°31’52” LEFT A DISTANCE OF 66.35 FEET; THENCE SOUTHERLY DEFLECTING 8°31’52” RIGHT A DISTANCE OF 132.17 FEET; THENCE WESTERLY DEFLECTING 91°26’01” RIGHT A DISTANCE OF 29.54 FEET; THENCE SOUTHERLY DEFLECTING 91°26’01” LEFT A DISTANCE OF 229.46 FEET; THENCE SOUTHEASTERLY DEFLECTING 7°58’07” LEFT A DISTANCE OF 165.64 FEET; THENCE SOUTHERLY DEFLECTING 9°01’13” RIGHT A DISTANCE OF 926.70 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 90°25’45” RIGHT ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 117.70 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE NORTHERLY DEFLECTING 88°31’11” RIGHT ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 2,639.34 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 8.61 ACRES MORE OR LESS. - 2 - TOGETHER WITH: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 9 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 33 THENCE SOUTHERLY ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33 A DISTANCE OF 2,639.34 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE WESTERLY DEFLECTING 91°47’14” RIGHT A DISTANCE OF 79.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, NORTHERLY DEFLECTING 89°37’17” RIGHT A DISTANCE OF 166.50 FEET; THENCE NORTHERLY DEFLECTING 1°24’30” LEFT A DISTANCE OF 721.78 FEET; THENCE NORTHWESTERLY DEFLECTING 4°17’21” LEFT A DISTANCE OF 131.60 FEET; THENCE NORTHERLY DEFLECTING 4°17’21” RIGHT A DISTANCE OF 299.98 FEET; THENCE NORTHEASTERLY DEFLECTING 7°55’15” RIGHT A DISTANCE OF 71.43 FEET; THENCE NORTHERLY DEFLECTING 7°55’15” LEFT A DISTANCE OF 137.71 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 377.38 FEET; THENCE NORTHWESTERLY DEFLECTING 17°55’46” LEFT A DISTANCE OF 191.83 FEET; THENCE NORTHERLY DEFLECTING 17°55’46” RIGHT A DISTANCE OF 551.81 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 91°03’18” RIGHT ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33 A DISTANCE OF 134.37 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 5.53 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 130.71 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 87°03’39” RIGHT A DISTANCE OF 402.17 FEET; THENCE SOUTHERLY DEFLECTING 2°57’32” RIGHT A DISTANCE OF 919.67 FEET; THENCE SOUTHERLY DEFLECTING 2°51’05” LEFT A DISTANCE OF 1,322.72 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE SOUTHERLY DEFLECTING 2°32’33” RIGHT A DISTANCE OF 1,056.50 FEET; THENCE SOUTHERLY DEFLECTING 0°42’42” LEFT A DISTANCE OF 1589.72 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 91°15’19” RIGHT ALONG THE SOUTH LINE OF THE - 3 - SOUTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 137.51 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE NORTHERLY DEFLECTING 88°44’10” RIGHT ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2,645.95 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE NORTHERLY DEFLECTING 0°24’13” LEFT ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2,643.04 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 16.61 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 4, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 2,643.04 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 4, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTHERLY DEFLECTING 0°24’13” RIGHT ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 2,645.95 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE WESTERLY DEFLECTING 91°12’27” RIGHT ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 85.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, NORTHERLY DEFLECTING 88°48’07” RIGHT A DISTANCE OF 288.80 FEET; THENCE NORTHEASTERLY DEFLECTING 10°28’12” RIGHT A DISTANCE OF 108.33 FEET; THENCE NORTHERLY DEFLECTING 9°54’52” LEFT A DISTANCE OF 330.02 FEET; THENCE NORTHERLY DEFLECTING 0°33’40” LEFT A DISTANCE OF 596.69 FEET; THENCE NORTHWESTERLY DEFLECTING 7°56’35” LEFT A DISTANCE OF 165.88 FEET; THENCE NORTHERLY DEFLECTING 8°06’19” RIGHT A DISTANCE OF 1,158.41 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE NORTHERLY DEFLECTING 0°34’19” LEFT A DISTANCE OF 1,322.05 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°0’00” RIGHT A DISTANCE OF 1,322.31 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 91°42’40” RIGHT ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 81.90 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 9.56 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID - 4 - SECTION 10; THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 140.58 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 88°14’10” RIGHT A DISTANCE OF 378.99 FEET; THENCE SOUTHERLY DEFLECTING 2°24’38” RIGHT A DISTANCE OF 195.30 FEET; THENCE SOUTHERLY DEFLECTING 2°59’57” LEFT A DISTANCE OF 2,068.22 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTHERLY DEFLECTING 2°02’55” LEFT A DISTANCE OF 595.53 FEET; THENCE SOUTHWESTERLY DEFLECTING 64°15’00” RIGHT A DISTANCE OF 103.31 FEET; THENCE SOUTHERLY DEFLECTING 62°24’44” LEFT A DISTANCE OF 354.89 FEET; THENCE NORTHEASTERLY DEFLECTING 140°40’08” LEFT A DISTANCE OF 8.71 FEET; THENCE NORTHEASTERLY DEFLECTING 27°45’06” RIGHT A DISTANCE OF 402.00 FEET; THENCE NORTHEASTERLY DEFLECTING 2°45’00” LEFT A DISTANCE OF 99.44 FEET; THENCE SOUTHWESTERLY DEFLECTING 161°22’06” RIGHT A DISTANCE OF 15.01 FEET TO A POINT OF CURVATURE; THENCE ON A 213.06 FOOT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 166.49 FEET SUBTENDING A CENTRAL ANGLE OF 44°46’21” TO A POINT OF TANGENCY; THENCE TANGENT SOUTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 176.03 FEET TO A POINT OF CURVATURE; THENCE ON A 279.06 FOOT RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 438.35 FEET SUBTENDING A CENTRAL ANGLE OF 90°00’00”; THENCE SOUTHERLY DEFLECTION TO THE INITIAL TANGENT OF 90°00’00” LEFT A DISTANCE OF 1,242.35 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 91°21’39” RIGHT ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 158.56 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTHERLY DEFLECTING 88°01’56” RIGHT ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 2,642.94 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE NORTHERLY DEFLECTING 00°00’50” RIGHT ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 2,643.07 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 19.94 ACRES MORE OR LESS. - 5 - TOGETHER WITH: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 9, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 2,643.07 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTHERLY DEFLECTING 0°00’50” LEFT ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 2,642.94 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE WESTERLY DEFLECTING 91°00’03” RIGHT ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 110.11 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, NORTHERLY DEFLECTING 90°04’21” RIGHT A DISTANCE OF 490.37 FEET; THENCE NORTHERLY DEFLECTING 2°10’03” RIGHT A DISTANCE OF 115.02 FEET; THENCE NORTHERLY DEFLECTING 3°54’27” LEFT A DISTANCE OF 1,015.16 FEET; THENCE NORTHERLY DEFLECTING 1°14’11” RIGHT A DISTANCE OF 286.18 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 737.87 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTHERLY DEFLECTING 2°07’45” RIGHT A DISTANCE OF 33.01 FEET; THENCE NORTHERLY DEFLECTING 2°54’38” LEFT A DISTANCE OF 912.73 FEET; THENCE NORTHERLY DEFLECTING 0°57’04” RIGHT A DISTANCE OF 1,510.83 FEET; THENCE NORTHERLY DEFLECTING 2°43’47” RIGHT A DISTANCE OF 186.66 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 88°42’54” RIGHT ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 68.45 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 11.64 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 15, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 15 A DISTANCE OF 158.56 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 88°47’55” RIGHT A DISTANCE OF 703.87 FEET; THENCE SOUTHERLY DEFLECTING 1°33’03” RIGHT A DISTANCE OF 624.76 FEET; THENCE SOUTHERLY DEFLECTING 1°00’46” RIGHT A DISTANCE OF 394.22 FEET; THENCE SOUTHERLY DEFLECTING 2°48’45” LEFT A DISTANCE OF 951.49 FEET; THENCE SOUTHERLY DEFLECTING 1°37’30” RIGHT A DISTANCE OF 581.49 FEET; THENCE - 6 - SOUTHERLY DEFLECTING 0°33’08” LEFT A DISTANCE OF 1,548.66 FEET; THENCE SOUTHERLY DEFLECTING 3°06’10” RIGHT A DISTANCE OF 531.25 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 15; THENCE LEAVING THE EASTERLY RIGHT-OF- WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 86°04’29” RIGHT ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 145.70 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 15; THENCE NORTHERLY DEFLECTING 90°57’55” RIGHT ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 2,668.57 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 15; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’11” RIGHT ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 2,669.05 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 20.38 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 16; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 2,669.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 16; THENCE CONTINUING SOUTHERLY DEFLECTING 0°00’11” RIGHT ALONG THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 2,668.57 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE WESTERLY DEFLECTING 89°01’42” RIGHT ALONG THE SOUTH LINE OF SAID SECTION 16 A DISTANCE OF 75.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE NORTHERLY DEFLECTING 90°58’18” RIGHT AND PARALLEL WITH AND 75.00 FEET DISTANT FROM THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 1,336.08 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE WESTERLY DEFLECTING 91°06’15” LEFT ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 A DISTANCE OF 56.28 FEET; THENCE NORTHERLY DEFLECTING 91°37’29” RIGHT A DISTANCE OF 85.96 FEET; THENCE NORTHERLY DEFLECTING 0°52’03” RIGHT A DISTANCE OF 459.97 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 394.98 FEET; THENCE NORTHEASTERLY DEFLECTING 73°36’05” RIGHT A DISTANCE OF 35.90 FEET; THENCE NORTHERLY DEFLECTING 74°59’35” LEFT A DISTANCE OF 384.68 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16; THENCE WESTERLY DEFLECTING 91°13’30” LEFT ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16 A DISTANCE OF 17.00 FEET; THENCE NORTHERLY DEFLECTING 91°04’54” RIGHT A DISTANCE OF 620.10 FEET; THENCE NORTHERLY DEFLECTING 2°01’18” RIGHT A DISTANCE OF 328.23 FEET; THENCE NORTHERLY DEFLECTING 4°34’51” LEFT A DISTANCE OF 197.10 FEET; THENCE NORTHERLY DEFLECTING 1°52’18” RIGHT A DISTANCE OF 189.70 FEET; THENCE NORTHERLY DEFLECTING 1°07’58” RIGHT A DISTANCE OF 597.09 FEET; THENCE NORTHERLY DEFLECTING 2°09’07” LEFT A DISTANCE OF 588.67 FEET; THENCE NORTHERLY DEFLECTING 2°08’05” RIGHT A DISTANCE OF 149.15 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 16; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 88°59’27” RIGHT ALONG THE NORTH LINE OF SAID SECTION - 7 - 16 A DISTANCE OF 110.11 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 11.41 ACRES MORE OR LESS. 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 said portion of South Locust Street from the County of Hall, Nebraska, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 26, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards , City Clerk Item J1 Approving Payment of Claims for the Period of October 13, 2010 through October 26, 2010 The Claims for the period of October 13, 2010 through October 26, 2010 for a total amount of $4,225,959.80. A MOTION is in order. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J2 Approving Payment of Claims for the Period of October 13, 2010 through October 26, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of October 13, 2010 through October 26, 2010 for the following requisition. #28 $13,404.77 A MOTION is in order. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J3 Approving Payment of Claims for the Period of September 29, 2010 through October 26, 2010 for the State Fair Recreation Building The Claims for the Period of September 29, 2010 through October 26, 2010 for the State Fair Recreational Building for the following requisition: #31 $ 1,050.00 #32 $211,030.00 TOTAL: $212,080.00 A MOTION is in order. Tuesday, October 26, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council