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01-10-2012 City Council Regular Meeting PacketCity of Grand Island Tuesday, January 10, 2012 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Linna Dee Donaldson Scott Dugan Randy Gard John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Paul Hofrichter, Evangelical Free Church, 2609 South Blaine Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Milton Loeb, Senior Engineering Technician with the Public Works Department for 40 Years of Service with the City of Grand Island The Mayor and City Council will recognize Milton Loeb, Senior Engineering Technician for 40 years of service with the City of Grand Island. Mr. Loeb was hired on January 10, 1972 as an Engineering Aide I, was promoted to Engineering Aide II on November 1, 1974, Aide III on March 17, 1975, Aide IV on February 12, 1990 and to his current position of Senior Engineering Technician on October 30, 1992. We congratulate and thank Mr. Loeb for his dedication and service to the City of Grand Island. Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Presentation on Street Improvement District No. 1256 - Capital Avenue Widening; Moores Creek Drain to Webb Road Assessment Methods Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Item E1 Public Hearing on Request from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class "I" Liquor License Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: January 10, 2012 Subject: Public Hearing on Request from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class “I” Liquor License 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 Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with the application was a request from Qi Qin Huang, 1206 Cedar Ridge Court, Apt. 101 for a Liquor Manager designation. 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 Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class “I” Liquor License and Liquor Manager designation for Qi Qin Huang, 206 Cedar Ridge Court, Apt. 101 contingent upon Mr. Huang completing a state approve alcohol server/seller training program. 01/05/12 Grand Island Police Department 450 10:48 LAW INCIDENT TABLE Page: City : Grand Island Occurred after : 12:24:20 12/20/2011 Occurred before : 12:24:20 12/20/2011 When reported : 12:24:20 12/20/2011 Date disposition declared : 12/20/2011 Incident number : L11122728 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1004 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 : 19381 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 172816 01/05/12 Huang, Jian He Owner NM 167270 12/21/11 Huang, Qi Liquor Manager NM 165488 12/20/11 Fuji Steak House, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application from Fuji Steak House and a Copy of a Liquor Manager Application from Qi Qin Huang. LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 14:24:10 12/21/2011 01/05/12 Grand Island Police Department 450 10:48 LAW INCIDENT TABLE Page: 318 Grand Island Police Department Supplemental Report Date, Time: Wed Dec 21 14:24:22 CST 2011 Reporting Officer: Vitera Unit- CID I completed a liquor license investigation for the Fuji Japanese Steakhouse six months ago. They received a liquor license. Tu Gen Yang is now selling the restaurant to Jian He Huang who is applying for a Class I (beer, wine, distilled spirits on sale only) Corporate liquor license. Jian's spouse (Lan Jin Zhang) signed a Spousal Affidavit of Non Participation form. Besides the liquor manager (Qi Qin Huang), no one else is listed on the application. Jian submitted several copied forms of identification to include a Nebraska driver's license, Social Security card, an immigration document, and a Chinese passport. The passport was issued on 8/18/09. The immigration document indicates that Jian has been a "Resident" since 1994. His Nebraska driver's license was issued on 10/3/11. Qi submitted a U.S. passport, Social Security card, Nebraska driver's license, and a U.S.A. Certificate of Naturalization certificate. No identification documents were included for Lan. One of the first things I noticed while reviewing the application, is that it appears that Jian is not a "Citizen" of the United States. He is a "Resident." If that's true, I initially thought he might be ineligible to receive a liquor license according to Nebraska State Statute 53-125. I sent a request to HSI to verify the immigration status of all three people listed on both applications. I also checked local and State databases. I couldn't find Jian or Lan in Spillman. Qi's only entry in Spillman was the one I made during the first Fuji liquor license investigation. I checked NCJIS and located a driver's license entry for Jian and Qi. Nothing was found on Lan. I checked Jian and Qi through TLO (law enforcement database) for bankruptcies and judgments but did not locate anything. I was advised by our local HSI office that all three people are in the Country legally. Jian and Lan are residents, and Qi is a citizen. While further reviewing the application and examining 53-125, I read that lack of citizenship isn't an automatic disqualifier against an applicant of a corporate license. On 1/4/12, I met with Qi and Jian. Qi goes by "Jason" and speaks English. Jian is Qi's father, and he does not speak English. Jason moved to the U.S. from China when he was thirteen years old. Jason advised that he has been working hard at the restaurant and reminded me that Tu Gen was assisting him with becoming a manager at the restaurant. Jason had told me this six months ago during the initial liquor license investigation. Now that the restaurant has been up and running for six months, Tu Gen is moving to Rapid City, South Dakota where he is planning on opening another restaurant and settling down. I went over the application with Jason. Jian set at a table next to us. Jason advised that he did recall one traffic conviction in Florida back in '96 or '97. Other than that, he said he has not been in any trouble. Jason said his father has lived in the U.S. for a little over twenty years and has no criminal history here or in China that he knows of. Since I can't run out of state criminal history checks for liquor license investigations, the fingerprint submissions to the State will have to be considered by the NLCC. For the first six months since the business opened with a liquor license, I'm not aware of any alcohol-related problems that required law enforcement presence. Since Jason is continuing to work at the restaurant and applying to be the liquor manager, I don't think the transition in ownership will be a problem. Barring any problems at the State level, the GIPD has no objection to Jian He Huang having a liquor license for Fuji Japanese Steakhouse or to Qi "Jason" Qin Huang being the liquor manager. Item E2 Public Hearing Concerning Acquisition of Utility Easement - 3323 West Airport Road - Olson Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: January 10, 2012 Subject: Acquisition of Utility Easement – 3323 W. Airport Rd. - Olson Item #’s: E-2 & G-4 Presenter(s): Timothy Luchsinger, Utilities Director Backgro und Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Luke A. Olson, located near the northeast corner of the new building located at 3323 West Airport Road, in Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground conduit, high voltage cable and a pad- mounted transformer to provide electrical service to a new business. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing Concerning Acquisition of Utility Easement - 1819 East 7th Street - Eihusen Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: January 10, 2012 Subject: Acquisition of Utility Easement – 1819 East 7th Street - Eihusen Item #’s: E-3 & G-5 Presenter(s): Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Robert G. Eihusen located along the east side of the building located at 1819 East 7th Street, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground conduit, high voltage power cable, and a pad-mounted transformer to provide electrical power to the new business opened by Global Industries. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item F1 #9349 - Consideration of Amending Previously Adopted Ordinance No. 9349 Relating to Chapter 36-69 of the Grand Island City Code Regarding Campgrounds Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: January 10, 2012 Subject: Changes to Chapter 36 (Zoning) Item #’s: F-1 Presenter(s): Chad Nabity, Regional Planning Director Background Concerning proposed amendments to Chapter 36 of the Grand Island City Code (Zoning) in the following area: §36-69 - (AC) Arterial Commercial Overlay Zone. (C-03-2012GI Changes were made at the last City Council meeting on December 20, 2011 to the AC Arterial Commercial Overlay Zone regulations to allow the development of RV Parks and Campgrounds by conditional use permit. These changes established the following minimum requirements for an RV Park or Campground. (2) Campgrounds including those serving recreational vehicles subject to following conditions: a) Developer shall submit a diagram of the proposed camp ground including a plot plan of the pads, landscaping plan, utility plan and interior street plan with the application for a conditional use permit b)A minimum of one toilet shall be provided for each sex up to the first 25 sites. For each additional 25 sites or fraction thereof not provided with sewer connections, an additional toilet for each sex shall be provided. c) All RV pads shall be provided with a landscape buffer yard or street yard as identified in the landscaping section of this code. d) Pads shall not be accessible from any public way. During the discussions regarding these changes Council discussed if these were clear enough that anyone applying for the conditional use permit would know that they would be required to put in a toilet and a lavatory as the previous regulations required both a toilet and a lavatory. The discussion during the meeting was that the plumbing code requires both a lavatory and a toilet and that Council could add the additional language during the issuance of the conditional use permit. Staff upon reflection of the discussion is recommending that Council amend the ordinance passed on December 20, 2011 to specify that a toilet and lavatory are required for each sex for the first 25 sites and every 25 sites or fraction there of not provided with sewer connections. We feel that this clarification now will avoid confusion later and are recommending that Council pass an amended ordinance with the following language (2) Campgrounds including those serving recreational vehicles subject to following conditions: a) Developer shall submit a diagram of the proposed camp ground including a plot plan of the pads, landscaping plan, utility plan and interior street plan with the application for a conditional use permit b) A minimum of one toilet and one lavatory shall be provided for each sex up to the first 25 sites. An additional toilet and lavatory for each sex shall be provided for each additional 25 sites or fraction thereof not provided with sewer connections c) All RV pads shall be provided with a landscape buffer yard or street yard as identified in the landscaping section of this code. d) Pads shall not be accessible from any public way. Discussion The Planning Commission held a public hearing on the proposed changes at their meeting on December 7, 2011. No members of the public spoke in favor or against the proposed changes. A motion was made by Haskins and seconded by Bredthauer to approve the amendments to Chapter 36 of the Grand Island City Code. The motion carried with 8 members present and all voting in favor (O’Neill, Ruge, McCarty, Bredthauer, Reynolds, Haskins, Hayes and Snodgrass) and no members abstaining. Council made minor modifications to the regulations as recommended by the Planning Commission and Staff is recommending that Council make additional minor changes based on the discussion at the December 20, 2011 City Council meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the proposed changes to Chapter 36 as recommended and shown in Amended Ordinance Number 9349 Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney ORDINANCE NO. 3949 Amended An ordinance to amend for the purposes of clarifying the language and intent of the previously adopted Ordinance No. 3949 amending Chapter 36 of the Grand Island City Code specifically, to amend Section 36-69 pertaining to the AC Arterial Commercial Overlay Zone; to repeal Sections 36-69 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-69 of the Grand Island City Code is hereby amended to read as follows: §36-69. (AC) Arterial Commercial Overlay Zone Intent: The intent of this zoning district is to provide an overlay of the (B-2) General Business Zoning District in order to require increased front setbacks, landscaping, and the limitation of some uses within areas along entrance corridors of the city. As the name implies, the overlay will be most commonly used along an arterial street corridor. (A) Permitted Principal Uses: The following principal uses are permitted in the (AC) Arterial Commercial Overlay District (1) Agencies as found in the Zoning Matrix [Attachment A hereto] (2) Boarding and lodging houses, fraternity and sorority houses (3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (5) Country clubs (6) Dwelling units (7) Elderly Home, Assisted Living (8) Group Care Home with less than eight (8) individuals (9) Hospitals, nursing homes, convalescent or rest homes (10) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (11) Nonprofit community buildings and social welfare establishments (12) Office and office buildings for professional and personal service as found in the Zoning Matrix [Attachment A hereto] (13) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. (14) Preschools, nursery schools, day care centers, children's homes, and similar facilities (15) Public parks and recreational areas (16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (17) Public and quasi-public buildings for cultural use (18) Radio and television stations (no antennae), private clubs and meeting halls (19) Railway right-of-way but not including railway yards or facilities (20) Specific uses such as: archery range, drive-in theatre, golf driving range (21) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning ORDINANCE NO. 9349 Amended (Cont.) - 2 - Matrix (Attachment A hereto) (22) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (24) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (25) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses (26) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (AC) Arterial Commercial Overlay District as approved by City Council. (1) Towers (2) Campgrounds including those serving recreational vehicles subject to following conditions: a) Developer shall submit a diagram of the proposed camp ground including a plot plan of the pads, landscaping plan, utility plan and interior street plan with the application for a conditional use permit b) A minimum of one toilet and one lavatory shall be provided for each sex up to the first 25 sites. An additional toilet and lavatory for each sex shall be provided for each additional 25 sites or fraction thereof not provided with sewer connections c) All RV pads shall be provided with a landscape buffer yard or street yard as identified in the landscaping section of this code. d) Pads shall not be accessible from any public way. (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal uses (2) Automotive body repair may be accessory to new or used automotive sales or rental, provided, no outside storage of parts shall be permitted. (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Area (feet) Minimum Lot Width (feet) Front Yard (feet) Rear Yard (feet) Side Yard (feet) Street Side Yard (feet) Maximum Ground Coverage Maximum Building Height (feet) Permitted Uses 5,000 50 20 01 02 10 80% 55 Conditional Uses 5,000 50 20 01 02 10 80% 55 1 No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. 2 No side yard setback is required, but if provided, not less than 5 feet, or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. (E) Procedure: (1) An application for an amendment to the arterial commercial zone on the Official Zoning Map shall follow all procedural requirements as set forth in this Section. (F) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on any one zoning lot except as otherwise provided herein. (3) Landscaping shall be provided and maintained within the 20 foot front yard setback. Landscaping shall mean lawn areas and may also include trees, shrubs, and flowers. Crushed or lava rock, gravel, bark chips, etc. shall not substitute for lawn area. ORDINANCE NO. 9349 Amended (Cont.) - 3 - (4) All improvements and uses shall be designed to direct primary vehicular and pedestrian traffic to arterial street access and reduce such traffic on adjacent non-arterial streets and alleys. Amended by Ordinance No. 8947, effective 1-5-2005 Amended by Ordinance No. 9202, effective 02-15-09 SECTION 2. Section 36-69 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect February 1, 2012. Enacted: January 10, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9356 - Consideration of Conveyance of City Property and Temporary Construction Easements to Burlington Northern Santa Fe Railroad for Double Track Project Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Robert Sivick City of Grand Island City Council Council Agenda Memo From: Robert J. Sivick, City Attorney Meeting: January 10, 2012 Subject: Conveyance of Real Estate and the Granting of Easements for the BNSF Second Track Project Item #’s: F-2 Presenter(s): Timothy Luchsinger, Utilities Director Background In 1993, Burlington Northern Railroad completed an elevated rail overpass to eliminate traffic conflicts caused by an at-grade crossing with the Union Pacific Railroad. In April, 2011 the City of Grand Island (City) was advised by BNSF Ra ilway (BNSF) it was proceeding with a project to widen this overpass to a double track to alleviate traffic congestion as a result of multiple tracks reducing to a single track through Grand Island. As a result of this, multiple electrical, water, and sewer utility crossings by the City across BNSF right-of-way will need to be modified to accommodate the track improvement project. These modifications include either relocating utilities or encasement of the utilities to current railroad crossing standards. To accomplish this, BNSF needs to acquire portions of Utilities Department properties adjoining BNSF property south of the JBS facility and at the Burdick Station. On November 29, 2011 this project was the subject of a City Council Study Session. On December 6, 2011 the Grand Island City Council (Council) unanimously voted to approve the proposed Master Utility Relocation Agreement (Agreement) between the City and BNSF. Discussion Pursuant to paragraph 2f and Exhibit D of the Agreement, the City is obligated to convey six parcels of real estate it owns to BNSF. Because Neb. Rev. Stat. §16-202 grants the public the right to remonstrance within thirty days of the passage and publication of any sale of publicly owned real estate, BNSF will not take title to the real estate unless the Council approves and until the expiration of the remonstrance period. To allow BNSF to begin work on the property in the meantime, the Agreement obligates the City to grant temporary construction easements for the parcels. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve. 2. Take no action on the issue. Recommendation City Administration recommends that the Council approve Ordinance No. 9356 and authorize the Mayor to execute the six Warranty Deeds and six Temporary Construction Easements Sample Motion Move to approve Ordinance No. 9356 and authorize the Mayor to execute the six Warranty Deeds and six Temporary Construction Easements. Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney ORDINANCE NO. 9356 An ordinance directing and authorizing the sale of six (6) separate parcels of real estate to the BNSF Railway Company, providing for temporary construction easements for those parcels, providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file remonstrances against such conveyances; and providing for the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City of Grand Island will convey to the BNSF Railway Company and provide temporary construction easements for six (6) separate tracts of real estate legally described as follows: A. A tract of land located in the Northeast Quarter of the Southeast Quarter (NE ¼, SE ¼) of Section One (10, Township Eleven (11) North, Range Ten (10) West of the Sixth Principal Meridian (6th P.M.), City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the East Quarter corner of said Section One (1); thence on an assumed bearing of South 88°55’30” West, a distance of Thirty-Nine and Eighty Hundredths (39.80) feet to a point on the Westerly Right-of-Way line of North Webb Road; thence South 01°23’00” East along said Right-of-Way line, a distance of Eighty-Seven and Thirty Hundredths (87.30) feet to the Point of Beginning; thence South 01°23’00” East. a distance of Fifty-Two and Twenty-Five Hundredths (52.25) feet to a point on the Northerly Right-of-Way line of the BNSF Railroad; thence North 74°58’20” West along said BNSF Railroad Right-of-Way line, a distance of Five Hundred, Seven and Seventy Hundredths (507.70) feet; thence North 89°04’30” East, a distance of One Hundred, Eighty- Two and Eight Hundredths (182.08) feet; thence South 74°59’10” East, a distance of Three Hundred, Seventeen and Eighty-Eight (317.88) feet to the Point of Beginning. Together with and subject to covenants, easement and restrictions of record. Said tract of land contains 0.48 acres more or less. B. A tract of land located in Lots Seventy-Six (76), Ninety-Nine (99), One Hundred (100), and One Hundred and One (101), Industrial Addition to the City of Grand Island, Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), City of Grand Island, Hall County, Nebraska, more particularly described as follows: ORDINANCE NO. 9356 (Cont.) - 2 - Commencing at the West Quarter corner of said Section Fourteen (14); thence on an assumed bearing of South 00°58’50” East along the West line of the Northwest Quarter of the Southwest Quarter (NW ¼, SW ¼), a distance of Seven Hundred, Eighty-Five and Sixty- Five Hundredths (785.65) feet to a point on the Southerly Right-of-Way line of the BNSF Railroad also being the Point of Beginning; thence South 63°06’00” East along the existing Southerly Right-of-Way line of the BNSF Railroad, a distance of Thirty-Seven and Thirty- Three Hundredths (37.33) feet to the East Right-of-Way line of South Stuhr Road; thence South 63°06’00” East along the existing Southerly Right-of-Way line of the BNSF Railroad, a distance of One thousand, One Hundred, Twenty-Three and Fifty-Four Hundredths (1,123.54) feet to a point on the South line of the Northwest Quarter of the Southwest Quarter (NW ¼, SW ¼) of said Section Fourteen (14); thence South 89°31’50” West continuing along said line a distance of Fifty-Seven and Sixty Hundredths (57.60) feet; thence North 63°06’00” West, a distance of Two Hundred, Sixteen and Sixty-Four Hundredths (216.64) feet; thence North 26°54’00” East, a distance of Three and Fifty-Nine Hundredths (3.59) feet; thence North 63°06’00” West, a distance of Eight Hundred, Forty- Three and Sixty-Three Hundredths (843.63) feet to a point on the Easterly Right-of-Way line of South Stuhr Road; thence North 63°06’00” West a distance of Thirty-Seven and Thirty- Three Hundredths (37.33) feet to a point on the West line of the Northwest Quarter of the Southwest Quarter (NW ¼, SW ¼) of said Section Fourteen (14); thence North 00°58’50” West along said section line, a distance of Twenty-Five and Ninety Hundredths (25.90) feet to the Point of Beginning. Together with and subject to covenants, easement and restrictions of record. Said tract of land contains 0.61 acres more or less. C. A tract of land located in Lot Ninety-Nine (99), Industrial Addition to the City of Grand Island, and the Southwest Quarter of the Southwest Quarter (SW ¼, SW ¼) of Section Four teen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the Southeast corner of the Southwest Quarter of the Southwest Quarter (SW ¼, SW ¼) of said Section Fourteen (14); thence on an assumed bearing of North 00°56’21” West along the East line of the Southwest Quarter of the Southwest Quarter (SW ¼, SW ¼), a distance of One Thousand, One Hundred, Thirty-Eight and Four Hundredths (1,138.04) feet to the Point of Beginning; thence North 63°05’57” West, a distance of Three Hundred, Ninety-Eight and Forty-Two Hundredths (398.42) feet to a point on the North line of the Southwest Quarter of the Southwest Quarter (SW ¼, SW ¼) of said Section Fourteen (14); thence North 89°31’50” East along said line, a distance of Fifty-Seven and Sixty Hundredths (57.60) feet to a point on the southerly Right-of-Way line of the BNSF Railroad; thence South 63°05’57” East along said Right-of-Way line, a distance of Three Hundred, Thirty- Three and Twenty-Nine Hundredths (333.29) feet to a point on the East line of the Southwest Quarter of the Sout hwest Quarter (SW ¼, SW ¼); thence South 00°56’21” East along said line, a distance of Twenty-Nine and Ninety-Four Hundredths (29.94) feet to the Point of Beginning. Together with and subject to covenants, easement and restrictions of record. Said tract of land contains 0.22 acres more or less. ORDINANCE NO. 9356 (Cont.) - 3 - D. A tract of land located in Lots One Hundred and Two (102), One Hundred and Nine (109), One Hundred and Ten (110), One Hundred and Twelve (112), One Hundred and Thirteen (113), and One Hundred and Fourteen (114), Industrial Addition to the City of Grand Island, Section Fourteen (14), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Southwest Quarter (SE ¼, SW ¼) of said Section Fourteen (14); thence on an assumed bearing of North 00°56’21” West along the West line of the Southeast Quarter of the Southwest Quarter (SE ¼, SW ¼), a distance of One Thousand, One Hundred, Thirty-Eight and Four Hundredths (1,138.04) feet to the Point of Beginning; thence North 00°56’21” West continuing along said West line, a distance of Twenty-Nine and Ninety-Four Hundredths (29.94) feet to a point on the Southerly Right-of-Way line of the BNSF Railroad; thence South 63°05’57” East along said Right-of-Way line, a distance of One Tho usand, Four Hundred, Ninety-Two and Fifty-Five Hundredths (1,492.55) feet to a point of the East line of the Southeast Quarter of the Southwest Quarter (SE ¼, SW ¼); thence South 63°05’57” East, a distance of One Thousand, Ninety-Seven and Seventy-Eight Hundredths (1,097.78) feet to the North Right- of-Way line of East Bismark Road; thence South 63°05’57” East, a distance of Eighty and Fifty-Three Hundredths (80.53) feet to a point on the South line of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼); thence North 87°17’30” West along said South line, a distance of One Hundred, Twenty-Two and One Hundredth (122.01) feet; thence North 63°06’00” West, a distance of Eighty and Fifty-Three Hundredths (80.53) feet to a point on the North Right-of-Way line of East Bismark Road; thence North 63°06’00” West, a distance of One Hundred, Twenty-Four and Three Hundredths (124.03) feet; thence North 26°55’50” East, a distance of Thirty-Five and Twenty-Four Hundredths (35.24) feet; thence North 63°03’50” West, a distance of One Hundred, Seven and Twenty-Seven Hundredths (107.27) feet; thence South 27°00’30” West, a distance of Twenty (20.0) feet; thence North 63°04’00” West, a distance of Seven Hundred, Thirty-Seven and Fourteen Hundredths (737.14) feet to a point on the East line of the Southeast Quarter of the Southwest Quarter (SE ¼, SW ¼) of said Section Fourteen (14); thence North 62°48’00” West, a distance of One Thousand, Four Hundred, Ninety-Six and Sixty-Seven Hundredths (1,496.67) feet to the Point of Beginning. Together with and subject to covenants, easement and restrictions of record. Said tract of land contains 1.97 acres more or less. E. A tract of land located in the North Half (N ½) of Section Fifteen (15), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the East Quarter corner of said Section Fifteen (15); thence on an assumed bearing of South 89°41’12” West along the South line of said Section Fifteen (15), a distance of One Thousand, Four Hundred, Ninety-Nine and Eighty-Six Hundredths (1,499.86) feet to a point on the Southerly Right-of-Way line of the BNSF Railroad also being the Point of Beginning; thence South 89°41’12” West along said South line, a distance of Twenty-Three and Fifty-Five Hundredths (23.55) feet; thence North 62°33’35” West, a distance of One Thousand, Three Hundred, Thirty-Seven and Fifty-Nine Hundredths (1,337.59) feet; thence on a curve to the right having a radius of Four Thousand, One Hundred, Thirty-Nine and ORDINANCE NO. 9356 (Cont.) - 4 - Eighty-Nine Hundredths (4,139.89) feet, an arc length of One Hundred, Eight and Ninety- Eight Hundredths (108.98) feet being subtended by a chord of North 16°44’30” West, a length of One Hundred, Eight and Ninety-Seven Hundredths (108.97) feet to a point on the Southerly Right-of-Way line of the BNSF Railroad; thence South 59° 52’ 40” East along said Right-of-Way line, a distance of One Thousand, Four Hundred, Thirty-Five and Eighty- Seven Hundredths (1,435.87) feet to the Point of Beginning. Together with and subject to covenants, easement and restrictions of record. Said tract of land contains 1.40 acres more or less. F. A portion of Lots Forty (40), Forty-One (41), and Seventy-Two (72), Industrial Addition to the City of Grand Island, Section Fifteen (15), Township Eleven (11), Range Nine (9) West of the Sixth Principal Meridian (6th P.M.), City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the East Quarter corner of said Section Fifteen (15); thence on an assumed bearing of South 00°58’50” East along the East line of the Southeast Quarter (SE ¼), a distance of Seven Hundred, Eighty-Five and Sixty-Seven Hundredths (785.67) feet to a point on the Southerly Right-of-Way line of the BNSF Railroad also being the Point of Beginning, thence South 00°58’50” East continuing along said East line, a distance of Five and Twenty Hundredths (5.20) feet; thence North 63°05’05” West, a distance of Forty-Five and Twenty- Six Hundredths (45.26) feet to a point on the West Right-of-Way line of South Stuhr Road; thence North 63°05’05” West, a distance of One Thousand, Fifty-Three and Sixty-Two Hundredths (1,053.62) feet; thence North 63°05’03” West, a distance of Two Hundred, Ninety-Six and Eighty-Six Hundredths (296.86) feet; thence North 62°44’30” West, a distance of Three Hundred, Twenty-Eight and Thirty-Five Hundredths (328.35) feet to a point on the North line of the Southeast Quarter (SE ¼); thence North 89°41’12” East along said North line, a distance of Twenty-Three and Fifty-Five Hundredths (23.55) feet to a point on the existing BNSF Railroad Right-of-Way; thence South 61°38’40” East along said Right- of-Way, a distance of Two Hundred, Fifty-Nine and Thirty-Six Hundredths (259.36) feet; thence South 62°56’40” East, a distance of Six Hundred, Thirty-Five and Sixty-One Hundredths (635.61) feet; thence South 63°04’46” East, a distance of Seven Hundred, Sixty and Fifty-Six Hundredths (760.56) feet to a point on the West Right-of-Way line of South Stuhr Road; thence South 63°04’46” East, a distance of Forty-Five and Twenty-Six Hundredths (45.26) feet to the Point of Beginning. Together with and subject to covenants, easement and restrictions of record. Said tract of land contains 0.22 acres more or less. SECTION 2. In consideration of One Hundred and Twenty Dollars ($120.00) and other consideration as set forth in the Master Utility Relocation Agreement approved pursuant to Resolution 2011-364, the City of Grand Island shall convey the real estate as listed above by Warranty Deed and shall grant temporary construction easements to BNSF Railway Company ORDINANCE NO. 9356 (Cont.) - 5 - pursuant to the terms and conditions of the Warranty Deeds and Temporary Construction Easement agreements between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three (3) consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file remonstrances against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal or greater in number to thirty percent (30%) of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty (30) days of passage and publication of such ordinance, said property shall not then, nor within one (1) year thereafter, be conveyed. SECTION 5. The conveyances of said real estate is hereby authorized, directed, and confirmed; and if no remonstrance is filed against such conveyances, the Mayor shall make, execute, and deliver to the BNSF Railway Company, Warranty Deeds for each parcel as described above, and the execution of these Deeds is hereby authorized without further action on behalf of the City Council. SECTION 6. The Mayor shall make, execute, and deliver to the BNSF Railway Company Temporary Construction Easements for each parcel as described above. SECTION 7. The City Clerk is directed to file this ordinance in the Office of the Register of Deeds of Hall County, Nebraska. ORDINANCE NO. 9356 (Cont.) - 6 - SECTION 8. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen (15) days in one (1) issue of the Grand Island Independent as provided by law. Enacted: January 10, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9357 - Consideration of Amending Salary Ordinance Tuesday, January 10, 2012 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: January 10, 2012 Subject: Consideration of Amending Salary Ordinance Item #’s: F-3 Presenter(s): Brenda Sutherland, Human Resources Director Background Salary Ordina nces are presented to Council from time to time to obtain Council approval of compensation for City employees. The amendment being presented will more appropriately classify four positions. Discussion The changes proposed in Salary Ordinance #9357 are as follows; The Community Development Administrator position has recently moved to the Finance Department for supervision. Along with the move, the job description was updated. The changes to the job description make the position more appropriately classified as non-exempt under the FLSA (Fair Labor Standards Act). Non-exempt means that overtime is paid in excess of 40 hours per week. Employers with positions that are incorrectly classified under the FLSA are subject to penalties and fines. Therefore, the recommendation to reclassify is necessary to be compliant with the law as defined by the FLSA. The next three positions are recommended for title /classification changes. The three Assistant Utility Directors have titles which don’t accurately describe the position. It is recommended that the division function be added to the job title/classification and the location be removed. The Assistant Utility Director – PGS would instead be referred to as Assistant Utilities Director – Production. The Assistant Utility Director – Administration would be referred to as Assistant Utilities Director – Distribution, and the Assistant Utility Director – PCC would be referred to as Assistant Utilities Director – Transmission. The proposed changes are merely a nomenclature change. Job duties are not being changed and no wage changes are being recommended. The Director along with the three Assistant Directors will be referred to “Utilities” and not “Utility” as there is more than one utility provided by the City of Grand. 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 I recommend the classification changes listed above be approved in Salary Ordinance #9357. Sample Motion Move to approve classification changes as proposed in Salary Ordinance #9357. Approved as to Form ¤ ___________ ¤ City Attorney ORDINANCE NO. 9357 An ordinance to amend Ordinance 9337 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to amend Overtime Eligibility for the Community Development Administrator from Exempt to 40 hrs/week; to amend the classification of Assistant Utility Director – Administration to Assistant Utilities Director – Distribution; to amend the classifications of Assistant Utility Director – PGS & PCC to Assistant Utilities Director – Production and Assistant Utilities Director – Transmission to amend the salary ranges of the employees covered under the IBEW Finance labor agreement, the IBEW Utilities labor agreement and the IBEW Wastewater Treatment Plant labor agreement; and to repeal those portions of Ordinance No. 9326 9337 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 21.9881/31.0033 Exempt Accounting Technician – Solid Waste 15.2625/20.0651 40 hrs/week Assistant to the City Administrator 21.3879/30.1079 Exempt Assistant Utility Utilities Director – 41.4936/58.4045 Exempt ORDINANCE NO. 9357(Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility AdministrationDistribution Assistant Utility Utilities Director – PGS & PCCProduction 44.9328/63.2681 Exempt Assistant Utilities Director – Transmission 44.9328/63.2681 Exempt Attorney 27.3606/42.2161 Exempt Biosolids Technician 17.3383/24.4065 40 hrs/week Building Department Director 32.0513/45.6044 Exempt Cemetery Superintendent 18.6323/26.2314 Exempt City Administrator 54.8239/77.1429 Exempt City Attorney 37.8815/53.3170 Exempt City Clerk 22.8836/32.2140 Exempt Civil Engineering Manager – Utility PCC 32.5600/46.4896 Exempt Collection System Supervisor 21.9678/31.2271 40 hrs/week Community Service Officer 12.3118/16.7379 40 hrs/week Custodian – Library, Police 11.2825/15.9214 40 hrs/week Customer Service Representative – Part time 8.1400/12.21000 40 hrs/week Electric Distribution Superintendent 31.7969/43.5795 Exempt Electric Distribution Supervisor 26.8518/36.8223 40 hrs/week Electric Underground Superintendent 28.3170/38.8176 Exempt Electrical Engineer I 25.7733/35.5718 Exempt Electrical Engineer II 29.8941/41.2189 Exempt Emergency Management Deputy Director 21.7338/29.7221 Exempt Emergency Management Director 30.9320/42.2873 Exempt Engineering Technician - WWTP 19.2002/27.1266 40 hrs/week Equipment Operator - Solid Waste 15.3864/21.6684 40 hrs/week Finance Director 36.3126/51.0998 Exempt Fire Chief 34.6459/49.0944 Exempt Fire Division Chief 28.3344/40.8994 Exempt Fleet Services Shop Foreman 19.5462/27.2283 40 hrs/week Golf Course Superintendent 23.2091/33.4961 Exempt Grounds Management Crew Chief – Cemetery 17.4024/24.4899 40 hrs/week ORDINANCE NO. 9357(Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Grounds Management Crew Chief – Parks 17.9244/25.2244 40 hrs/week Human Resources Director 32.7736/46.6931 Exempt Human Resources Benefits & Risk Management Coordinator 17.5519/25.7936 40 hrs/week Human Resources Recruiter 17.5519/25.7936 40 hrs/week Human Resources Specialist 16.2210/22.8215 40 hrs/week Information Technology Manager 29.4608/41.4516 Exempt Legal Secretary 19.3020/25.9564 40 hrs/week Librarian I 16.8600/23.4534 Exempt Librarian II 18.6711/26.3024 Exempt Library Assistant I 11.8132/16.2597 40 hrs/week Library Assistant II 13.0138/17.9385 40 hrs/week Library Assistant Director 21.2658/30.3114 Exempt Library Director 28.7745/40.5034 Exempt Library Page 7.5600/10.4599 40 hrs/week Library Secretary 14.1331/20.0855 40 hrs/week Maintenance Worker – Golf 14.1865/20.0066 40 hrs/week Manager of Engineering Services 31.3695/45.0244 Exempt Meter Reader Supervisor 17.8435/25.1290 Exempt Office Manager – Police Department 15.4558/21.4088 40 hrs/week Parks and Recreation Director 32.5449/45.7755 Exempt Parks Superintendent 22.7411/32.1631 Exempt Payroll Specialist 16.2210/22.8215 40 hrs/week Planning Director 32.2698/45.3986 Exempt Police Captain 27.2486/38.3293 Exempt Police Chief 34.6459/49.0944 Exempt Power Plant Maintenance Supervisor 28.5419/40.1479 Exempt Power Plant Operations Supervisor 29.7110/42.7758 Exempt Power Plant Superintendent – Burdick 32.5404/45.7903 Exempt Power Plant Superintendent – PGS 37.5140/52.7646 Exempt Project Manager – Public Works 28.9275/40.7000 Exempt ORDINANCE NO. 9357(Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Public Information Officer 20.4314/28.7545 Exempt Public Works Director 36.4524/51.2964 Exempt Public Works Engineer 30.2000/42.5000 Exempt Receptionist 12.6170/18.2540 40 hrs/week Recreation Coordinator 16.4835/22.9955 Exempt Recreation Superintendent 21.2963/30.5555 Exempt Regulatory and Environmental Manager 28.1473/39.5929 Exempt Senior Accountant 26.7806/37.2813 Exempt Senior Electrical Engineer 32.7126/45.1058 Exempt Senior Public Safety Dispatcher 16.4835/22.5275 40 hrs/week Senior Utility Secretary 14.5757/20.8130 40 hrs/week Shooting Range Superintendent 21.2963/30.5555 Exempt Solid Waste Division Clerk - Full Time 14.5401/19.4750 40 hrs/week Solid Waste Division Clerk - Part Time 12.9463/17.6842 40 hrs/week Solid Waste Foreman 16.1559/22.7331 40 hrs/week Solid Waste Superintendent 23.3808/32.9011 Exempt Street Superintendent 23.9113/34.8086 Exempt Street Foreman 18.8034/26.7195 40 hrs/week Turf Management Specialist 20.8588/29.5279 40 hrs/week Utility Utilities Director 52.8795/75.7733 Exempt Utility Production Engineer 33.4540/47.0808 Exempt Utility Services Manager 27.2181/37.8815 Exempt Utility Warehouse Supervisor 22.2019/31.0134 40 hrs/week Victim Assistance Unit Coordinator 12.7696/17.9792 40 hrs/week Wastewater Engineering/Operations Superintendent 26.0989/36.9251 Exempt Wastewater Plant Chief Operator 19.2816/27.1774 40 hrs/week Wastewater Plant Maintenance Supervisor 23.3109/31.3899 40 hrs/week Wastewater Plant Process Supervisor 24.1656/32.5804 40 hrs/week Water Superintendent 24.6449/34.8086 Exempt Water Supervisor 21.2759/30.6573 40 hrs/week Worker / Seasonal 7.2500/20.0000 Exempt ORDINANCE NO. 9357(Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Temporary 7.2500/20.0000 40 hrs/week A shift differential of $0.10 per hour shall be added to the base hourly wage for persons in the employee classification Senior Public Safety Dispatcher who work a complete shift that begins between 3:00 p.m. and 11:00 p.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 14.3613/21.2743 40 hrs/week Fleet Services Mechanic 16.3825/24.2718 40 hrs/week Horticulturist 15.1638/22.5063 40 hrs/week Maintenance Worker – Cemetery 14.2525/21.1310 40 hrs/week Maintenance Worker – Parks 14.1574/21.0022 40 hrs/week Maintenance Worker – Streets 13.8581/20.5436 40 hrs/week Senior Equipment Operator – Streets 15.7348/23.3375 40 hrs/week Senior Maintenance Worker – Streets 15.7348/23.3375 40 hrs/week Traffic Signal Technician 15.7348/23.3375 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary ORDINANCE NO. 9357(Cont.) - 6 - and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 14.6738/19.4178 40 hrs/week Cashier 13.4680/18.3525 40 hrs/week Custodian 15.7268/18.5712 40 hrs/week Electric Distribution Crew Chief 28.7270/36.5353 40 hrs/week Electric Underground Crew Chief 28.7270/36.5353 40 hrs/week Engineering Technician I 18.1032/25.9023 40 hrs/week Engineering Technician II 22.3791/30.6848 40 hrs/week GIS Coordinator 23.0246/32.3083 40 hrs/week Instrument Technician 27.0030/35.6731 40 hrs/week Lineworker Apprentice 17.5111/25.6767 40 hrs/week Lineworker First Class 26.5428/31.3925 40 hrs/week Materials Handler 21.8556/29.2968 40 hrs/week Meter Reader 15.7469/20.5343 40 hrs/week Meter Technician 21.1717/26.1661 40 hrs/week Power Dispatcher I 26.5134/36.8640 40 hrs/week Power Dispatcher II 27.8474/38.7126 40 hrs/week Power Plant Maintenance Mechanic 25.0977/31.2514 40 hrs/week Power Plant Operator 29.6493/34.5364 40 hrs/week Senior Accounting Clerk 16.4937/21.6054 40 hrs/week Senior Engineering Technician 28.3158/34.6522 40 hrs/week Senior Materials Handler 25.1644/32.8236 40 hrs/week Senior Meter Reader 18.6499/22.1352 40 hrs/week Senior Power Dispatcher 32.2133/44.2057 40 hrs/week Senior Power Plant Operator 29.2327/37.4754 40 hrs/week Senior Substation Technician 34.4193/35.6731 40 hrs/week Senior Water Maintenance Worker 20.4500/26.9280 40 hrs/week Substation Technician 31.8632/33.1281 40 hrs/week ORDINANCE NO. 9357(Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Systems Technician 28.0805/35.6731 40 hrs/week Tree Trim Crew Chief 25.1546/31.2384 40 hrs/week Utility Electrician 25.2079/33.1281 40 hrs/week Utility Technician 24.6204/34.6321 40 hrs/week Utility Warehouse Clerk 18.1921/22.4447 40 hrs/week Water Maintenance Worker 17.0380/23.5619 40 hrs/week Wireworker I 19.1407/27.0649 40 hrs/week Wireworker II 26.5428/31.3925 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 17.8037/24.8884 Police Sergeant 22.2831/30.5330 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they ORDINANCE NO. 9357(Cont.) - 8 - exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of fifty (50) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the training and special events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the training and special events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 16.9624/23.5195 212 hrs/28 days Firefighter / EMT 12.6022/18.2885 212 hrs/28 days Firefighter / Paramedic 14.0702/19.8718 212 hrs/28 days ORDINANCE NO. 9357(Cont.) - 9 - IAFF employees will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 14.5040/20.4084 40 hrs/week Equipment Operator – WWTP 16.4663/23.1698 40 hrs/week Maintenance Mechanic I 16.4663/23.1698 40 hrs/week Maintenance Mechanic II 18.4369/25.9426 40 hrs/week Maintenance Worker – WWTP 16.4663/23.1698 40 hrs/week Senior Equipment Operator – WWTP 17.7987/25.0445 40 hrs/week Wastewater Clerk 12.3898/17.4334 40 hrs/week Wastewater Plant Laboratory Technician 17.4796/24.5955 40 hrs/week Wastewater Plant Operator I 14.7271/20.7227 40 hrs/week Wastewater Plant Operator II 16.4663/23.1698 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-Service/Clerical labor agreement shall work prior to overtime eligibility are as follows: ORDINANCE NO. 9357(Cont.) - 10 - Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 15.5354/20.7381 40 hrs/week Accounts Payable Clerk 14.7357/21.3196 40 hrs/week Administrative Assistant 15.3277/21.9842 40 hrs/week Audio Video Technician 15.4730/21.8284 40 hrs/week Building Inspector 19.1389/27.1558 40 hrs/week Building Secretary 14.4242/20.4992 40 hrs/week Community Development Administrator 16.6985/24.0093 Exempt40 hr/week Community Development Specialist 15.3277/21.9842 40 hrs/week Computer Operator 18.6196/24.4767 40 hrs/week Computer Programmer 21.2365/31.1227 40 hrs/week Computer Technician 19.1782/25.2114 40 hrs/week Electrical Inspector 19.1389/27.1558 40 hrs/week Emergency Management Coordinator 14.4242/20.4992 40 hrs/week Engineering Technician – Public Works 19.6892/27.7684 40 hrs/week Evidence Technician 14.3204/20.9561 40 hrs/week Finance Secretary 14.4242/20.4992 40 hrs/week GIS Coordinator 21.8310/30.6333 40 hrs/week Maintenance Worker I – Building, Library 15.0473/20.3642 40 hrs/week Maintenance Worker II – Building, Police 15.8573/21.4961 40 hrs/week Parks and Recreation Secretary 14.4242/20.4992 40 hrs/week Planning Secretary 14.4242/20.4992 40 hrs/week Planning Technician 19.7483/27.7850 40/hrs/week Plans Examiner 19.1389/27.1558 40 hrs/week Plumbing Inspector 19.1389/27.1558 40 hrs/week Police Records Clerk – Full Time 12.8769/17.9239 40 hrs/week Public Safety Dispatcher 14.5384/21.2365 40 hrs/week Shooting Range Operator 19.9799/27.0830 40 hrs/week Stormwater Technician 19.6892/27.7684 40 hrs/week Utility Secretary 14.4242/20.4992 40 hrs/week A shift differential of $0.10 per hour shall be added to the base hourly wage for persons in the employee classification Public Safety Dispatcher who work a complete shift that begins ORDINANCE NO. 9357(Cont.) - 11 - between 3:00 p.m. and 11:00 p.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 8. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. All employees covered by the IAFF labor agreement shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $484.00 per year, divided into twenty-four (24) pay periods. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary of $25.00 per pay period. If any such employee covered by the IAFF or FOP labor agreements shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08 per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing allowance of $650.00 per year, divided into 26 pay periods. Non-union employees and employees covered by the FOP labor agreement, the IBEW Utilities, Finance and Service/Clerical labor agreements may receive an annual stipend not to exceed $1,000 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally ORDINANCE NO. 9357(Cont.) - 12 - interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities and IBEW – Finance labor agreements shall be allowed a meal allowance for actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground Superintendent, and Engineering Technician Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by the IBEW labor agreement and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: ORDINANCE NO. 9357(Cont.) - 13 - (A) All employees covered in the IBEW Utilities and IBEW Finance labor agreements shall be paid for forty-seven percent (47%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed four hundred eighty-eight and one third hours (calculated at 47% x 1039 hours = 488.33 hours), the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred ninety-eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Wastewater labor agreement shall be paid 37.5% of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed three hundred ninety-nine hours (calculated at 37.5% x 1064 hours = 399 hours). Employees covered by the IBEW Service/Clerical labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for forty percent (40%) of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed 433.60 hours (calculated at 40% x 1084 hours = 433.60 hours.) Non-union employees shall have a contribution to a VEBA made on the ir behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1084 = 542). The ORDINANCE NO. 9357(Cont.) - 14 - amount of contribution will be based upon the employee’s salary at the time of retirement. All employees covered by the AFSCME labor agreement shall be paid forty-five (45%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred seventy-eight and eighty hundredths hours (calculated at 45% x 1064 hours = 478.80 hours). All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred five hours (calculated at 37.5% x 1,080 hours = 405 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave bank at the time of their death, not to exceed five hundred forty hours (50% x 1,080 hours = 540 hrs.), based on the employee’s salary at the time of their death. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. ORDINANCE NO. 9357(Cont.) - 15 - SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of $30.00 per pay period. Employees represented by the IBEW Service/Clerical labor agreement shall have a contribution made on their behalf to the VEBA account of $15 per pay period. SECTION 11. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 12. The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. SECTION 13. Those portions of Ordinance No. 9337 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: January 10, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of December 20, 2011 City Council Regular Meeting Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 20, 2011 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on December 20, 2011. Notice of the meeting was given in The Grand Island Independent on December 14, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Chuck Haase, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember Larry Carney was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, Public Works Director John Collins and Interim Finance Director Jaye Monter. INVOCATION was given by Pastor Bill Rowland, Beacon of Hope Church, 2525 West State Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Alex Wirth and Tori Katzberg. City Administrator Mary Lou Brown reported that the sidewalk for Knickrehm School had been completed. BOARD OF EQUALIZATION: Motion by Gilbert, second by Niemann, carried unanimously to adjourn to the Board of Equalization. #2011-BE-7 – Consideration of Determining Benefits for Sanitary Sewer District No. 526; Lot 3, Grand Island Plaza Subdivision. Public Works Director John Collins reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Sanitary Sewer District No. 526. Special assessments were for the amount of $27,799.23. Motion by Gilbert, second by Niemann to approve Resolutions #2011-BE-7. Upon roll call vote, all voted aye. Motion adopted. #2011-BE-8 – Consideration of Determining Benefits for Street Improvement District No. 1256; Capital Avenue from the Moores Creek Drain to Webb Road. Public Works Director John Collins reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Street Improvement District No. 1256. Special assessments were for the amount of $732,831.98. Curtis Cellar, 4220 Shanna Street, Melinda Lavalleur, 2309 West Division Street, and Jeff Vinson, 3010 Gladstone Circle spoke in opposition. Motion by Gilbert, second by Niemann to approve Resolutions #2011-BE-8. Page 2, City Council Regular Meeting, December 20, 2011 A lengthy discussion was held concerning questions from those people opposing the district and how assessments were determined. Mr. Collins explained the method of calculating the costs. Federal funds for this project were 80% and the City’s costs were 20%. Motion by Gericke, second by Niemann to refer this item to the January 10, 2012 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Gard carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from GMRI Inc. dba The Olive Garden Italian Restaurant #4416, 1010 Allen Drive for a Class “I” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “A” Liquor License had been received from GMRI, Inc. dba The Olive Garden Italian Restaurant #4416, 1010 Allen Drive. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on November 30, 2011; notice to the general public of date, time, and place of hearing published on December 10, 2011; notice to the applicant of date, time, and place of hearing mailed on November 30, 2011; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located West of Locust Street and North of Schimmer Drive (Hooker Brothers Sand & Gravel). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located west of Locust Street and north of Schimmer Drive was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of installing underground electrical conduit cable and a pad-mounted transformer to provide 3-Phase service to a new building located on the property. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1404 West 2nd Street (Casey’s Retail Company). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 1404 West 2nd Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of placing underground conduit, cable and a pad-mounted transformer to provide service to Casey’s expansion of its store. Staff recommended approval. No public testimony was heard. Public Hearing on Amendments to Chapter 36-69 of the Grand Island City Code Relative to (AC) Arterial Commercial Overlay Zone regarding Campgrounds. Regional Planning Director Chad Nabity reported that amendments to Chapter 36 of the Grand Island City Code were needed relative to the number of bathroom facilities required for campgrounds. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement in Oak Pointe Subdivision (R.B.O., L.L.C.). Public Works Director John Collins reported that acquisition of a public utility easement located in the Oak Pointe Subdivision was needed to allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Page 3, City Council Regular Meeting, December 20, 2011 This easement would allow a redesign of the development area. Staff recommended approval. No public testimony was heard. ORDINANCES: Regional Planning Director Chad Nabity reported this was the final reading to annex property located at 1120 and 1140 South Lincoln. #9346 – Consideration of Annexation of Property Located at 1120 and 1140 South Lincoln Avenue (former Aurora Coop Site) (Final Reading) Motion by Ramsey, second by Niemann to approve Ordinance #9346 on final reading. Upon roll call vote all voted aye. Motion adopted. Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9349 – Consideration of Amendments to Chapter 36-69 of the Grand Island City Code Relative to (AC) Arterial Commercial Overlay Zone Regarding Campgrounds #9350 – Consideration of Assessments for Sanitary Sewer District No. 526; Lot 3, Grand Island Plaza Subdivision #9352 – Consideration of Vacation of a Utility Easement Located in Lot 46, Block 1 of Dale Roush 2nd Subdivision (9 Dakota Drive) #9353 – Consideration of Vacation of Starwood Avenue from Cedar Ridge Court East in Oak Pointe Subdivision (R.B.O., L.L.C.) #9354 – Consideration of Vacation of a Utility Easement Located in Oak Pointe Subdivision (R.B.O., L.L.C.) #9355 – Consideration of Conveyance of a Tract of Land Owned by the City of Grand Island to the State of Nebraska, Department of Roads for Project 34-4(126) be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted. #9349 – Consideration of Amendments to Chapter 36-69 of the Grand Island City Code Relative to (AC) Arterial Commercial Overlay Zone Regarding Campgrounds Regional Planning Director Chad Nabity reported that Ordinance #9349 would amend City Code Section 36-69 relative to the number of bathrooms from 15 to 25 for campgrounds. Mr. Nabity stated this was within the national standards. Building Department Director Craig Lewis stated this would be for primitive sites or tent camping. Motion by Donaldson, second by Haase to approve Ordinance #9349. Discussion was held concerning the number to bathroom sites and when they would need to be constructed after reaching 25. Page 4, City Council Regular Meeting, December 20, 2011 Motion by Gilbert, second by Gericke to amend the motion to add “or fraction thereof” after the number 25 in the second sentence. Upon roll call vote, Councilmember’s Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember Haase voted no. Motion adopted. City Clerk: Ordinance #9349 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9349 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9349 is declared to be lawfully adopted upon publication as required by law. #9350 – Consideration of Assessments for Sanitary Sewer District No. 526; Lot 3, Grand Island Plaza Subdivision Motion by Dugan, second by Ramsey to approve Ordinance #9349. City Clerk: Ordinance #9350 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9350 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9350 is declared to be lawfully adopted upon publication as required by law. #9352 – Consideration of Vacation of a Utility Easement Located in Lot 46, Block 1 of Dale Roush 2nd Subdivision (9 Dakota Drive) Motion by Gericke, second by Gard to approve Ordinance #9352. City Clerk: Ordinance #9352 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9352 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9352 is declared to be lawfully adopted upon publication as required by law. #9353 – Consideration of Vacation of Starwood Avenue from Cedar Ridge Court East in Oak Pointe Subdivision (R.B.O., L.L.C.) #9354 – Consideration of Vacation of a Utility Easement Located in Oak Pointe Subdivision (R.B.O., L.L.C.) Page 5, City Council Regular Meeting, December 20, 2011 Public Works Director John Collins reported that R.B.O., LLC was considering redesigning the Oak Pointe subdivision area and wished to vacate the east end of Starwood Avenue along with the sixty (60) foot wide utility easement. Motion by Nickerson, second by Gericke to approve Ordinances #9353 and #9354. City Clerk: Ordinances #9353 and #9354 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9353 and #9354 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9353 and #9354 are declared to be lawfully adopted upon publication as required by law. #9355 – Consideration of Conveyance of a Tract of Land Owned by the City of Grand Island to the State of Nebraska, Department of Roads for Project 34-4(126) Public Works Department Director John Collins reported that the State of Nebraska, Department of Roads (NDOR) was planning to improve a portion of US Highway 34 from US-281 to South Locust Street. US-34 would be widened at the intersection of Blaine Street to accommodate left turn lanes. The bridge immediately west of the Blaine Street intersection would be replaced with a concrete box culvert. Construction is scheduled in 2012. In order for US-34 to be widened and the new box culvert constructed, 0.03 Acre of property owned by the City of Grand Island must be acquired by NDOR. Motion by Donaldson, second by Dugan to approve Ordinance #9355. City Clerk: Ordinance #9355 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9355 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9355 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-6 was pulled for further discussion. Motion by Ramsey, second by Gard to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 6, 2011 City Council Regular Meeting. Approving Re-Appointments of John Hoggatt and Roger Bullington to the Grand Island Facilities Corporation Board. Page 6, City Council Regular Meeting, December 20, 2011 Approving Re-Appointments of Denise Kozel, Mike Rivera, Brady Blauhorn, Terry Klanecky, and Craig Lewis to the Electrical Board. Approving Re-Appointments of Loran Peterson, Scott Hilligas, Mike McElroy, Mike Myers, Todd Bredthauer, Tom O’Neill, Russ Shaw, and Craig Lewis to the Mechanical Examining Board. Approving Re-Appointments of Jennifer Herman, Mike Bailey, Verne Penas, David Scoggins, and Craig Lewis to the Plumbers Examining Board. #2011-366 – Approving Acquisition of Utility Easement Located West of Locust Street and North of Schimmer Drive (Hooker Brothers Sand & Gravel). #2011-367 – Approving Acquisition of Utility Easement Located at 1404 West 2nd Street (Casey’s Retail Company). #2011-368 – Approving Award of Safety Glass Contract for Utilities, Public Works, and Parks Employees for 2012-2014 with Eyecare Professionals/Grand Island Optical, of Grand Island, Nebraska. #2011-369 – Approving Employee Uniform Contract for Utilities and Public Works Departments with Paramount Linen and Uniform of Kearney, Nebraska. #2011-370 – Approving Bid Award for Cul-de-sac Snow Removal Operations for the 2011/2012 Winter Season (Streets Division of the Public Works Department) with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of: CAT Motor Patrol & Front End Loaders - $165.00 per hour ; 10 yard dump - $125.00 per hour; and 16 yard side dump - $145.00 per hour. #2011-371 – Approving Acquisition of Public Utility Easement in Oak Pointe Subdivision (R.B.O., L.L.C.). #2011-372 – Approving Change Order No. 2 for Broadwell Avenue Shoulder Improvement – Capital Avenue to Veteran’s Athletic Fields with J.I.L. Asphalt Paving Co. of Grand Island, Nebraska for an increase of $1,243.77 and a Revised Contract Amount of $126,943.67. #2011-373 – Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads for Calendar Year 2012. #2011-374 – Approving Supplemental Agreement No. 1 with Kirkham Michael & Associates of Omaha, Nebraska for Preliminary Engineering Services for the US Highway 30 Drainage Improvement Project with an Additional Cost not to exceed $38,023.00 and a total Consulting Service Cost of $137,254.43. #2011-375 – Approving Certificate of Final Completion for Building Reconstruction Lift Station No. 4 Project No. 2011-S-4 with The Diamond Engineering Company of Grand Island, Nebraska. Page 7, City Council Regular Meeting, December 20, 2011 #2011-376 – Approving Time Extension to the Contract with Midlands Contracting, Inc. of Kearney, Nebraska for the Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No. 2088-D-2 to May 15, 2012. #2011-365 – Approving Final Plat and Subdivision Agreement for Ponderosa Village Subdivision. Regional Planning Director Chad Nabity answered questions concerning James Road, where the four lots were in the subdivision, and the B-2 – General Business zone. Motion by Gilbert, second by Donaldson to approve Resolution #2011-365. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2011-377 – Consideration of Request from GMRI, Inc. dba The Olive Garden Italian Restaurant #4416, 1010 Allen Drive for a Class “I” Liquor License and Liquor Manager Designation for Becky Janes, 2236 West 11th Street. This item related to the aforementioned Public Hearing. Motion by Gericke, second by Haase to approve Resolution #2011-377 contingent upon final inspections and the Liquor Manager request from Becky Janes, 2236 West 11th Street contingent upon completion of a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2011-378 – Approving Contract for Engineering Design Services for Lincoln Park Pool. Parks and Recreation Director Steve Paustian reported that after several years of emergency repairs, Council determined to renovate/replace the Lincoln Park Swimming Pool. Request for Qualifications (RFQ) for the design service for Lincoln Park Swimming Pool were solicited with six firms responding to the request. A committee rated the proposals and are recommending JEO Consulting Group of Wahoo, Nebraska. A contract had been negotiated with JEO in the amount not to exceed $150,000. Motion by Ramsey, second by Niemann to approve Resolution #2011-378. A brief discussion was held concerning the wording “not to exceed” which was not in the Resolution. Motion by Gericke, second by Dugan to amend Resolution #2011-378 to add the wording “not to exceed” before the $150,000. Upon roll call vote, all voted aye. Motion adopted. Upon roll call vote on the main motion, all voted aye. Motion adopted. #2011-379 – Consideration of Spending Process Requirements. Councilmember Chuck Haase recommended a Council Policy regarding City Spending and the process required relative to cash, budget and procurement to create awareness, compliance and openness. Explained was Dillons Rule which the State of Nebraska follows which requires enabling authority. Requested was that any money moved from one fund to another fund be brought to Council as a budget amendment. Page 8, City Council Regular Meeting, December 20, 2011 Motion by Niemann, second by Dugan to approve Resolution #2011-379. Terry Galloway explained the difference between the Enterprise funds and General Funds. Interim Finance Director Jaye Monter explained the reasons for lack of funds in the internal services funds. City Administrator Mary Lou Brown commented on the vagueness of the Resolution and how that could be a detriment to the operation of the City. Motion by Gard, second by Gilbert to refer this item to a Study Session within the first 60 days of 2012. Upon roll call vote, all voted aye. Councilmember Haase abstained. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Gard to approve the Claims for the period of December 7, 2011 through December 20, 2011, for a total amount of $4,484,038.49. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Nickerson to adjourn to Executive Session at 9:16 p.m. for the purpose of a strategy session with respect to litigation which is imminent and strategy session with respect to pending litigation. Tracy Overstreet representing the Independent requested the identity of the parties for the closed sessions. City Attorney Robert Sivick explained the State Statutes regarding closed sessions. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Ramsey to return to Regular Session at 10:02 p.m. Upon roll call vote, all voted aye. Motion adopted. #2011-380 – Consideration of Approving Settlement Agreement between Jessica Musil and the City of Grand Island. Motion by Gilbert, second by Donaldson to approve Resolution #2011-380. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 10:02 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of December 27, 2011 City Council Special Meeting Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING December 27, 2011 Pursuant to due call and notice thereof, a Special 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 December 27, 2011. Notice of the meeting was given in The Grand Island Independent on December 21, 2011. Mayor Jay Vavricek called the meeting to order at 5:30 p.m. The following City Council members were present: Chuck Haase, Bob Niemann, Peg Gilbert, Linna Dee Donaldson, Scott Dugan, and John Gericke. Council members Larry Carney, Kirk Ramsey, Mitch Nickerson, and Randy Gard were absent. The following City Officials were present: City Administrator Mary Lou Brown and Assistant to the City Administrator Shannon Oster. PLEDGE OF ALLEGIANCE. PAYMENT OF CLAIMS: Motion by Dugan, second by Gericke to approve the Claims for the period of December 21, 2011 through December 27, 2011, for a total amount of $1,235,697.44. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 5:33 p.m. Shannon Oster Assistant to the City Administrator Item G3 #2012-1 - Approving Bid Award - Distributed Control System Console Upgrade at Platte Generating Station Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Tim Luchsinger, Utilities Director Jason Eley, Assistant City Attorney/Purchasing Meeting: January 10, 2012 Subject: Distributed Control System Console Upgrade – Platte Generating Station Item #’s: G-3 Presenter(s): Tim Luchsinger, Utilities Director Background The Distributed Control System (DCS) at the Platte Generating Station is used for control and to monitor plant equipment and operations and includes six Operator Interface Computers (OIC) in the main plant control console. The OICs are the means for the plant operators to perform control and monitoring functions through the DCS and are part of the original system installed in 1995. They utilize 1990s proprietary operating systems, processors, display monitors and keyboards, have been in constant operation for fifteen years, and are having reliability issues. Components for this vintage of systems are no longer available or supported. Replacement OIC systems now use standard open- architecture operating systems and hardware which allow increased flexibility and various control subsystems to be incorporated into the DCS instead of separate computer systems. To maintain a high level of reliability in plant operation, plant staff developed specifications for replacement DCS Operator Interface Computers. Discussion The specifications for the Distributed Control System Console Upgrade were issued for bids and responses were received from the following bidders. The engineer’s estimate for this project was $250,000.00. Bidder Bid Price, w/tax ABB, Wickliffe, OH $197,843.50 Honeywell, Phoenix, AZ $390,452.00 Emerson, Pittsburgh, PA $299,453.00 The bid s were reviewed for conformance with the specifications and found to be compliant except as noted as follows. The bids did not include taxes and therefore taxes on materials and engineering have been included in the above bid price. Honeywell listed an exception to the bid to not provide a separate line item bid for the computers, as they are configured specifically for Honeywell. Emerson listed exceptions that did not include a service agreement. Plant staff found the bids to be otherwise compliant and recommends award of the Distributed Control System Console Upgrade contract to ABB as the low compliant bid. 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 presented in this motion Recommendation The Utilities Department recommends that the Council award the contract to ABB of Wickliffe, Ohio, as the low responsive bidder, in the amount of $197,843.50. Sample Motion Move to approve the bid of $197,843.50 from ABB for the Distributed Control System Console Upgrade for Platte Generating Station. PGS Control Console Operator Interface Computer (OIC) Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 15, 2011 at 2:00 p.m. FOR: Distributed Control System Console Upgrade - PGS DEPARTMENT: Utilities ESTIMATE: $250,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: December 1, 2011 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Honeywell Process Solutions ABB, Inc Phoenix, AZ Wickliffe, OH Bid Security: Federal Insurance Company Liberty Mutual Insurance Company Exceptions: Noted Noted Bid Price: Material: $183,387.00 $ 45,000 Labor: $193,065.00 $107,750.50 Sales Tax: $ 14,000.00 -0-____ Total Bid: $390,452.00 $152,750.00 Option 1: N/A $33,750.00 Option 2: $29,703.00 $19,830.00 Bidder: Emerson Power and Water Solutions Pittsburgh, PA Bid Security: Travelers Casualty and Surety Co. Exceptions: Noted Bid Price: Material: $148,468.00 Labor: $150,985.00 Sales Tax: -0-____ Total Bid: $299,453.00 Option 1: N/A Option 2: N/A cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Karen Nagel, Utilities Secretary Lynn Mayhew, Utilities Engineer P1527 Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-1 WHEREAS, the City of Grand Island invited sealed bids for Distributed Control System Console Upgrade at the Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on December 15, 2011, bids were received, opened and reviewed; and WHEREAS, ABB, Inc., of Wickliffe, Ohio, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $197,843.50; and WHEREAS, the bid of ABB, Inc., is less than the estimate for the Distributed Control System Console Upgrade at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of ABB, Inc., in the amount of $197,843.50 for Distributed Control System Console Upgrade at the Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2012-2 - Approving Acquisition of Utility Easement - 3323 West Airport Road - Olson This item relates to the aforementioned Public Hearing item E-2. Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-2 WHEREAS, a public utility easement is required by the City of Grand Island, from Luke A. Olson, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on January 10, 2012, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northwest corner of Lot One (1), Olson Subdivision in Hall County, Nebraska; thence easterly along the northerly line of said Lot One (1), a distance of two hundred eight (208.0) feet to the ACTUAL Point of Beginning; thence deflect right 90°00’00” and running southerly, a distance of thirty (30.0) feet to the point of termination. The above-described easement and right-of-way containing a total of 600 square feet, more or less, as shown on the plat dated 12/19 /2011, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Luke A. Olson, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2012-3 - Approving Acquisition of Utility Easement - 1819 East 7th Street - Eihusen This item relates to the aforementioned Public Hearing item E-3. Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-3 WHEREAS, a public utility easement is required by the City of Grand Island, from D.J. Eihusen, having Power of Attorney for Robert G. Eihusen, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on January 10, 2012, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northwest corner of Lot One (1), Cottage Grove Third Subdivision in the City of Grand Island, Hall County, Nebraska; thence easterly along the northerly line of said Lot One (1), a distance of two hundred eight (208.0) feet to the ACTUAL Point of Beginning; thence deflecting right 90°00’00” and running in a southerly direction, a distance of sixty (60.0) feet to the point of termination. The above-described easement and right-of-way containing a combined total of 0.028 acres, more or less, as shown on the plat dated 12/19/2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from D. J. Eihusen, having Power of Attorney for Robert G. Eihusen, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2012-4 - Approving Bid Award - 2012 Truck - Complete Unit with Telescopic Aerial Platform & Chassis for the Utilities Department, Line Division Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Jason Eley, Assistant City Attorney/Purchasing Meeting: January 10, 2012 Subject: 2012 Truck – Complete with Telescopic Aerial Platform & Chassis Item #’s: G-6 Presenter(s): Timothy Luchsinger, Utilities Director Background The Utilities Department budgeted in the 2011 – 2012 Budget to replace Unit #62, one of the primary service trucks for the Line Division. The truck, a 2002 bucket truck is used 24 hours a day, seven days a week. It has over 8,568 hours (equivalent to 257,040 miles @ 30 mph). Specifications were prepared for a replacement vehicle. The old unit was offered in trade, but the Public Works Department will be purchasing the old unit. The trade will therefore not be a part of the evaluation. Discussion Specifications were sent to five possible bidders as well as advertised according to City Purchasing Code. Bids were publicly opened at 2:15 p.m. on December 15, 2011. Bids were received from two bidders. Exceptions were noted from both bidders. Exceptions were minor and acceptable by the Department’s evaluation of the bids. The engineer’s estimate for this vehicle purchase was $130,000. The bids are as follows: Company Bid Price Terex Utilities $104,814.00 White House, TN Drake Scruggs Equipment, Inc. $104,759.40 Springfield, IL Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the 2012 Truck – Complete with Telescopic Aerial Platform & Chassis from Drake Scruggs Equipment, Inc., of Springfield, Illinois, in the amount of $104,759.40. Sample Motion Move to the purchase of the 2012 Truck – Complete with Telescopic Aerial Platform and Chassis from Drake Scruggs Equipment, Inc., of Springfield, Illinois in the amount of $104,759.40. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 15, 2011 at 2:15 p.m. FOR: 2012 Truck – Complete w/Telescopic Aerial Platform & Chassis DEPARTMENT: Utilities ESTIMATE: $130,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: November 22, 2011 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Terex Utilities Drake Scruggs Equipment, Inc. White House, TN Springfield, IL Exceptions: Noted Noted Bid Price: $104,814.00 $104,759.40 Trade In: $ -17,000.00 $ -12,100.00 Total Cost: $ 87,814.00 $ 92,659.40 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Bryan Fiala, Elec. Dist. Superintendent P1525 Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-4 WHEREAS, the City of Grand Island invited sealed bids for a 2012 Truck – Complete with Telescopic Aerial Platform and Chassis, according to plans and specifications on file with the Utilities Department; and WHEREAS, on December 15, 2011, bids were received, opened and reviewed; and WHEREAS, Drake Scruggs Equipment, Inc., of Springfield, Illinois, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $104,759.40; and WHEREAS, the bid of Drake Scruggs Equipment, Inc., is less than the estimate for the 2012 Truck – Complete with Telescopic Aerial Platform and Chassis. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Drake Scruggs Equipment, Inc., in the amount of $104,759.40, for the 2012 Truck – Complete with Telescopic Aerial Platform and Chassis, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2012-5 - Approving Contract for Installation & Purchase of 911 CPE System Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Jon Rosenlund City of Grand Island City Council Council Agenda Memo From: Jon Rosenlund, Emergency Management Director Meeting: January 10, 2012 Subject: 911 Telephone System Purchase Item #’s: G-7 Presenter(s): Larry Smith, Emergency Management Deputy Director Background The Emergency Management Department has concluded a review of bids for a new 911 telephone system and has selected Platte Valley Communications, a Grand Island company, as the vendor of choice. Cost for the system is $168,835.00 and includes four new telephone stations and a 5 year system support agreement. Discussion Currently, the Grand Island Emergency Center receives 911 calls on an InVision2 telephone system purchased from TCI several years ago. Since then, TCI was purchased by Cassadian Communications (formerly Plate CML.) On January 1, 2012, Cassadian Communications ended its support of the hardware and software of the InVision2. On December 1, 2011, the Emergency Management Department opened bids from five (5) vendors who responded to a Request for Bidders on a new 911 telephone system to replace the current system. Platte Valley Communications and its quote to install the Emergency Call Worx telephone system was the lowest bid that meets the needs specified in the Request for Bidders at a cost of $181,850.00 for 5 telephone stations and a 5 year maintenance agreement. Adjusted Quote Recognizing the Department’s need to reduce costs in order to meet other equipment needs, the Department subsequently requested an adjusted quote from Platte Valley Communications for only 4 consoles and a 5 year maintenance agreement. That adjusted quote for 4 consoles and a 5 yr support plan is $168,835.00. This expenditure will be paid through E911 Funds requiring no General Fund expenses. Installation can proceed following completion of the attached contract. The Emergency Management Department hopes to have a contract signed and submitted to Platte Valley Communications in time to have the system operational by April 1, 2012. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the contract with Platte Valley Communications for $168,835.00. Sample Motion Move to approve Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 1, 2011 at 2:00 p.m. FOR: Installation & Purchase of 911 CPE System DEPARTMENT: Emergency Management ESTIMATE: $200,000.00 FUND/ACCOUNT: 21520006 ($165,000.00) & 21620006 ($35,000.00) PUBLICATION DATE: October 8, 2011 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Century Link Business/Qwest RACOM Des Moines, IA Marshall Town, IA Bid Security: Liberty Mutual Ins. Co. Merchants Bonding Co. Exceptions: None Noted Bid Price: $220,508.40 $234,118.15 Bidder: Platte Valley Communications Grand Island, NE Bid Security: Western Surety Co. Exceptions: Noted Bid Price: $180,805.00 (Solacom) Bid Price: $162,621.60 (Emergency CallWorx, Inc.) Alternative: $209,926.40 for 5 years Bid Price: $146,969.00 (Cassidian) cc: Jon Rosenlund, Emergency Management Director Jason Eley, Purchasing Agent Mary Lou Brown, City Administrator P1517 Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-5 WHEREAS, the City of Grand Island, Nebraska, operates an emergency 911 call center through interlocal agreement with Hall County; and WHEREAS, the Grand Island Emergency Center, managed by the Grand Island Emergency Management Department is the Public Safety Answering Point for all of Hall County; and WHEREAS, the current 911 telephone system is no longer supported for parts or software by the vendor after December 31, 2011; and WHEREAS, Council has budgeted $190,000 for the installation of a replacement 911 telephone system to include a 5 year support agreement, and WHEREAS, a recently completed bid process produced a successful bid below budget, from Platte Valley Communications of Grand Island, NE, for a total of $168,835.00, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Mayor is hereby authorized and directed to award this bid to Platte Valley Communications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G8 #2012-6 - Approving Bid Award for One (1) 2012 Model 90,000 GVW Conventional Truck-Tractor for the Solid Waste Division Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Jeff Wattier, Solid Waste Superintendent Meeting: January 10, 2012 Subject: Approving Bid Award for One (1) 2012 Model 90,000 GVW Conventional Truck-Tractor for the Solid Waste Division Item #’s: G-8 Presenter(s): John Collins, P.E., Public Works Director Background On December 8, 2011 the Solid Waste Division of the Public Works Department advertised the request for bids for a 2012 Model 90,000 GVW Conventional Truck- Tractor. Funds for the truck-tractor are in the approved 2011/2012 budget. Discussion Five (5) bids were received and opened on December 20, 2011. The Solid Waste Division of the Public Works Department and the Purchasing Division reviewed the bids that were received. The alternate truck-tractor bid by Nebraska Truck Center of Grand Island, NE meets all of the specifications. This truck-tractor is a front-line piece of equipment that is utilized on a daily basis for hauling solid waste from the Transfer Station to the Landfill for disposal. Bidder Base Price Trade -In Net Cost Nebraska Truck Center of Grand Island, NE $96,338 $30,000 $66,338 Nebraska Truck Center of Grand Island, NE (Alternate Bid)* $98,618 $30,000 $68,618 Nebraska Peterbilt of Grand Island, NE $104,853 $30,000 $74,853 Hansen International Truck of Grand Island, NE $103,642.40 $27,000 $76,642.40 Nebraska Machinery of Doniphan, NE $148,461.07 $16,000 $132,461.07 *Alternate bid from Nebraska Truck Center simply includes larger cab dimensions which provide 4” of additional knee/leg room for the driver. Public Works Department staff is recommending the purchase of the alternate truck- tractor bid by Nebraska Truck Center of Grand Island, NE. The additional knee/leg room provided in the alternate bid will better accommodate the taller Solid Waste Division equipment operators during the daily operations of this truck-tractor. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the alternate bid for the 2012 Model 90,000 GVW Conventional Truck-Tractor from Nebraska Truck Center of Grand Island, NE for the net amount of $68,618.00. Sample Motion Move to approve the purchase of the alternate bid for the 2012 Model 90,000 GVW Conventional Truck-Tractor from Nebraska Truck Center of Grand Island, NE for the net amount of $68,618.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: December 20, 2011 at 2:00 p.m. FOR: (1) 2012 Model 90,000 GVW Conventional Truck-Tractor w/Set-Back Axle DEPARTMENT: Public Works ESTIMATE: $120,000.00 FUND/ACCOUNT: 50530040-85625 PUBLICATION DATE: December 8, 2011 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Nebraska Truck Center, Inc. NMC, Inc. Grand Island, NE Doniphan, NE Bid Security: Universal Surety Company Travelers Casualty & Surety Co. Exceptions: Noted None Alternate Bid: Bid Price: $96,338.00 $98,618.00 $148,461.07 Trade-In: $30,000.00 $30,000.00 $ 16,000.00 Total Bid: $66,338.00 $68,618.00 $132,461.07 Delivery Date: 180 days 14 we eks Make/Model: Freightliner CAT CT660 Bidder: Hansen International Truck, Inc. Nebraska Peterbilt Grand Island, NE Grand Island, NE Bid Security: $5,500.00 $3,742.65 Exceptions: Noted None Bid Price: $103,642.40 $104,853.00 Trade-In: $ 27,000.00 $ 30,000.00 Total Bid: $76,642.40 $74,853.00 Delivery Date: 90 – 120 days 90 days Make/Model: International 7600 Peterbilt 384 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Jeff Wattier, Solid Waste Supt. Mary Lou Brown, City Administrator P1528 Approved as to Form ¤ ___________ January 6, 20122 ¤ City Attorney R E S O L U T I O N 2012-6 WHEREAS, the City of Grand Island invited sealed bids for one (1) 2012 Model 90,000 GVW Conventional Truck-Tractor for the Solid Waste Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on December 20, 2011 bids were received, opened and reviewed; and WHEREAS, Nebraska Truck Center of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $68,618.00; and WHEREAS, Nebraska Truck Center’s bid is fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Truck Center of Grand Island, Nebraska in the amount of $68,618.00 for one (1) 2012 Model 90,000 GVW Conventional Truck-Tractor is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2012-7 - Approving Revised Contract Amount to Resolution 2011- 357 (Bid Award to Midlands Contracting, Inc.) for Lift Station No. 7 Repairs; Project No. 2011-S-1 Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: January 10, 2012 Subject: Approving Revised Contract Amount to Resolution 2011- 357 (Bid Award to Midlands Contracting, Inc.) for Lift Station No. 7 Repairs; Project No. 2011-S-1 Item #’s: G-9 Presenter(s): John Collins, Public Works Director Background On December 6, 2011 City Council approved, by Resolution 2011-357, the bid award to Midland Contracting, Inc. for the Lift Station No.7 Repairs, in the amount of $310,978.67. Discussion Since the project is funded by Community Development Block Grant (CDBG) proceeds, labor wage determinations are required to be incorporated into the bid document. In the sequence between bid advertisement and bid opening, the Departme nt of Labor (DOL) reissued labor wage determinations. The attachment shows the following: the negotiated new wage determination rates in unit costs, previous unit costs with old wage determination rates are stricken through. With the wage correction to the Midland Contracting, Inc. bid they are still the lowest responsible bidder for the Lift Station No.7 Repairs, in the amount of $312,728.67. 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 revised bid and award it to Midlands Contracting, Inc. of Kearney, Nebraska who had a revised bid of $312,728.67 for Lift Station No. 7 Repairs, Project No. 2011-S-1. Sample Motion Move to approve bid award to Midlands Contracting, Inc. of Kearney, Nebraska for Lift Station No. 7 Repairs, Project No. 2011-S-1 for the City of Grand Island. CB-1 (Addendum No.2) (Revised Wage Determination) Bid Form Reflective of Department Of Labor Wage Determination Rates Evoked November 4, 2011 Project: Lift Station No. 7 Repairs, Project No. 2011-S-1 BELTLINE FORCEMAIN Estimated Firm Total No. Item Quantity Unit Price Price 1. Bore and install 8” HDPE Forcemain 3,517.0 L.F. 36.25 36.00 127,491.25 126,612.00 2. Open Trench and Install 8” DR11 HDPE Forcemain 100.0 L.F. 193.00 190.00 19,300.00 19000.00 3. Install 8” HDPE (Factory) 45° Elbows 4.0 EA. 530.00 2,120.00 4. Install 8” DR11 M.J. Adapter w/Kit @ Sta 34+36.26 1.0 EA. 680.00 680.00 5. Build 4’ Diameter Manhole 1.0 EA. 1,730.00 1,730.00 6. Build 4’ Diameter Manhole Extra Depth 7.86 V.F. 290.00 2279.40 7. Remove 8’ x 54” Tunnel Liner & Seal (2) 54” Ends w/Concrete 1.0 L.S. 2,100.00 2,100.00 8. Remove Top One Half (½) 24” C.I.P. (3’x1’) For New Manhole F.L. 1.0 L.S. 180.00 180.00 9. Install Thrust Blocks As Per Std Plan No. 134A and 134B. 2.0 EA. 285.00 570.00 10. Install Thrust Blocks Per Std. Plan No. 134. 2.0 EA. 240.00 480.00 11. Remove 10” Tree 1.0 EA. 270.00 270.00 12. Dry Bore and Install 16” Steel (0.3125 thk.)Tunnel Liner 110.0 L.F. 326.00 35,860.00 CB-2 (Addendum No.2) (Revised Wage Determination) BELTLINE FORCEMAIN; Cont. Estimated Firm Total No. Item Quantity Unit Price Price 13. Rehab Manhole No. 83-A 12.86.0 V.F. 172.00 2211.92 14. Install Manhole Entrance as per Special Detail “A”. 1.0 L.S. 1,100.00 1,100.00 15. Install Tracer Ribbon in bore Holes and Trenches 500.0 L.F. 0.40 200.00 16. Install ? “ (316) Tracer Wire 3,517.0 L.F. 0.75 2637.75 17. Install Tracer Wire Access Box 4.0 EA. 220.00 880.00 18. Construction Dewatering 1.0 L.S. 20,100.00 20,000.00 20,100.00 20,000.00 TOTAL FOR BELTLINE FORCEMAIN $ 220,245.32 218,911.07 STOLLEY AND BLAINE Estimated Firm Total No. Item Quantity Unit Price Price 1. Install 5’ x 8” Point Repair Liner Sleeve 3.0 EA. 1,360.00 4,080.00 TOTAL FOR STOLLEY AND BLAINE $ 4,080.00 CB-3 (Addendum No.2) (Revised Wage Determination) ARTHUR TO GRANT (Option 1), Pipe Lining Estimated Firm Total No. Item Quantity Unit Price Price 1. Install 8” Cure In Place Pipe 623.0 L.F. 23.25 23.00 14,484.75 14,329.00 2. Install Top Hat Cut-Out 16.0 EA. 135.00 2160.00 3. Install 8”-10” Top Hat 16.0 EA. 1,500.00 1,490.00 24,000.00 23,840.00 4. Install 24” Top Hat 2.0 EA. 1700.00 3400.00 5. Remove and Replace Service at Sta. 3 + 64 South 1.0 EA. 3,400.00 3,400.00 6. Remove and Replace Service at Sta 5 + 12 North 1.0 EA. 3,400.00 3,400.00 7. Rehab Manholes 84-79, 84-95A, and 84-95 Mobilization 1.0 L.S. 840.00 840.00 Remove Steps 12.0 EA. 23.00 276.00 Infiltration Leak M.H. Sidewall 2.0 EA. 470.00 940.00 Infiltration Leak Bench & Invert 2.0 EA. 450.00 900.00 M.H. Rehab Cementitious Lining 35.36 V.F. 160.00 5,657.60 M.H. Rehab Epoxy Lining 35.36 V.F. 150.00 5,304.00 8. Remove and Replace Extra Fence 1.0 L.F. 12.00 12.00 9. Remove and Replace extra Sanitary Sewer Service 1.0 L.S. 4,700.00 4,700.00 10. Construction Dewatering 1.0 L.S. 3,000.00 3,000.00 TOTAL FOR ARTHUR TO GRANT (Option 1) $ 72,474.35 72,158.60 ARTHUR TO GRANT (Option 2), Open Dig Estimated Firm Total CB-4 (Addendum No.2) (Revised Wage Determination) No. Item Quantity Unit Price Price 1. Build 4’ Diameter, Type 2 Manhole 3.0 EA. 3,000.00 9,000.00 2. Build 4’ Diameter, Type 2 Manhole Extra Depth 8.6 L.F. 300.00 2,580.00 3. Build 8” PVC Gravity Sewer 624.0 L.F. 180.00 112,320.00 4. Build Residential Service Lateral 16.0 EA. 5,000.00 80,000.00 5. Restore Property Corners 16.0 EA. 1,000.00 16,000.00 6. Restore Surface 13,900.0 SQ/FT 25.00 347,500.00 7. Remove and Replace Concrete Sidewalk 10.0 L.F. 20.00 200.00 8. Rehab Manholes 84-79 Mobilization 1.0 L.S. 840.00 840.00 Remove Steps 4.0 EA. 23.00 92.00 Infiltration Leak M.H. Sidewall 1.0 EA. 470.00 470.00 Infiltration Leak Bench & Invert 1.0 EA. 450.00 450.00 M.H. Rehab Cementitious Lining 10.71 V.F. 160.00 1,713.60 M.H. Rehab Epoxy Lining 10.71 V.F. 150.00 1,606.50 9. Abandon 8” V.C.P. Sanitary Sewer 624.0 L.F. 50.00 31,200.00 10. Remove and Replace Extra Fence 1.0 L.F. 12.00 12.00 11. Remove and Replace extra Sanitary Sewer Service 1.0 L.F. 5,000.00 5,000.00 12. Construction Dewatering 1.0 L.S. 150,000.00 150,000.00 TOTAL FOR ARTHUR TO GRANT (Option 2) $ 758,984.10 CB-5 (Addendum No.2) (Revised Wage Determination) BARBARA AND GRETCHEN Estimated Firm Total No. Item Quantity Unit Price Price 1. Remove 10” V.C.P. Sanitary Sewer Pipe 26.0 L.F. 11.00 286.00 2. Build 10” P.V.C. Sanitary Sewer Pipe 26.0 L.F. 160.00 4,160.00 3. Remove 10” x 6” V.C.P. Wye 1.0 EA. 45.00 45.00 4. Install 10” x 6” P.V.C. Tee 1.0 EA. 170.00 170.00 5. Remove 6” V.C.P. Sanitary Sewer Pipe 8.0 L.F. 11.00 88.00 6. Build 6” P.V.C. Sanitary Sewer Pipe (Licensed Plumber) 8.0 L.F. 160.00 1,280.00 7. Construction Dewatering 1.0 L.S. 9,900.00 9,800.00 9,900.00 9,800.00 TOTAL FOR BARBARA AND GRETCHEN $ 15,929.00 15,829.00 Total for Beltline Forcemain $ 220,245.32 218,911.07 Total for Stolley and Blaine $ 4,080.00 Total for Arthur to Grant (Option 1) $ 72,474.35 72,158.60 Total for Arthur to Grant (Option 2) $ 758,984.10 Total for Barbara and Gretchen $ 15,929.00 15,829.00 TOTAL BID – W/ OPTION 1 LIFT STATION NO. 7 REPAIRS PROJECT NO. 2011-S-1 $ 312,728.67 310,978.67 TOTAL BID – W/ OPTION 2 LIFT STATION NO. 7 REPAIRS PROJECT NO. 2011-S-1 $ 999,238.42 997,804.17 Approved as to Form ¤ ___________ January 10, 2012 ¤ City Attorney R E S O L U T I O N 2012-7 WHEREAS, On December 6, 2011 City Council approved, by Resolution 2011-357, the bid award to Midland Contracting, Inc. for the Lift Station No.7 Repairs, in the amount of $310,978.67; and WHEREAS, on November 4, 2011 the Department of Labor issued new labor wage determinations; and WHEREAS, it is necessary to amend Resolution 2011-357 to award the revised bid in the revised amount of $312,728.67 to Midland Contracting, Inc. for the Lift Station No.7 Repairs; and WHEREAS, with the wage correction to Midland Contracting, Inc. bid they are still the lowest responsible bidder for the Lift Station No.7 Repairs; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2011-357 is hereby amended to the revised bid award amount to $312,728.67 to Midland Contracting, Inc. for the Lift Station No.7 Repair BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2012-8 - Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2011 Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Shannon Callahan, Streets Superintendent Meeting: January 10, 2012 Subject: Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2011 Item #’s: G-10 Presenter(s): John Collins, Public Works Director Background The City of Grand Island and the Nebraska Department of Roads have had an agreement for the maintenance of state highways within the city limits dating back to 1970. Maintenance responsibilities for state highways within the corporate city limits are defined by state statue. The Nebraska Department of Roads (NDOR) is responsible for the cost of the maintenance of the highway lanes through a community and the City is responsible for the cost of the maintenance of any highway widening including parking, additional thru lanes or left turn lanes. The statutes provide that the NDOR is to reimburse the City for work the City performs on NDOR’s highway lanes. Discussion The agreement requires the City to certify that it has completed the maintenance work required by the agreement for the 2011 calendar year. The NDOR performs snow removal on NE Highway 2, US Highway 281, US Highway 34, and a portion of US Highway 30 from the west city limits to Johnstown Road. The City performs snow removal on US Highway 30 from Johnstown Road through town to the east city limits at Shady Bend Road. The City performs the surface maintenance on all state highways within the city limts. The net result of this exchange of services is a payment by the Nebraska Department of Roads to the City of Grand Island in the amount of $45,450.50. Alternative Motions It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution authorizing the Mayor to sign the Certificate of Compliance. 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 pass a resolution authorizing the Mayor to sign the Certificate of Compliance. Sample Motion Move to approve the Certificate of Compliance for Maintenance Agreement No. 12. Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-8 WHEREAS, each year the City of Grand Island enters into a maintenance agreement with the State of Nebraska Department of Roads with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, the City has complied with all surface maintenance work for the calendar year 2011 in accordance with the agreement; and WHEREAS, upon receiving the City’s Certificate of Compliance, the State will reimburse the City for maintenance work performed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island has complied with the terms of Maintenance Agreement No. 12 for calendar year 2011; and the Mayor is hereby authorized and directed to execute the Certificate of Compliance for such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2012-9 - Designating Local Public Agency Official Responsible for Setting Just Compensation for Tracts Acquired for Federal Transportation Aid Projects Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, Project Manager Meeting: January 10, 2012 Subject: Designating Local Public Agency Official Responsible for Setting Just Compensation for Tracts Acquired for Federal Transportation Aid Projects Item #’s: G-11 Presenter(s): John Collins, Public Works Director Background Grand Island is a Local Public Agency (LPA) in the State of Nebraska receiving federal transportation funding from the Federal Highway Administration (FHWA). As a sub- recipient of federal transportation funding, the City of Grand Island is charged with the responsibility of spending these funds in accordance with Federal and State law. The Nebraska Department of Roads (NDOR) administers these funds under guidelines in the NDOR's Local Public Agency (LPA) Manual. The City of Grand Island currently has Federal Transportation-Aid projects programmed through the Surface Transportation Program, the Safe Routes to School Program, and the Transportation Enhancement Program. The law governing property acquisition and relocation on federally assisted projects is Public Law 91-646; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, commonly called the Uniform Act. The procedures for complying with the Uniform Act are described in 49 CFR Part 24. All Local Public Agencies must have a federally approved Right of Way manual and if not, the LPA must use the NDOR’s Right of Way Acquisition Guide for Local Public Agencies and NDOR’s complete Right of Way Manual. The City of Grand Island does not have a federally approved manual and therefore follows the NDOR’s manual. Discussion As per Section 5, Review of Property Valuation of the Right of Way Acquisition Guide for Local Public Agencies, “Just Compensation” must be determined for each tract acquired for a Federal-Aid project. This amount shall not be less than the approved appraisal of the fair market value of the property. An elected or appointed official shall be empowered to review appraisals, appraisal reviews and set the Just Compensation for each project tract. Passing this resolution will designate the City Administrator and the Public Works Director as the public officials empowered to set Just Compensation for tracts acquired in accordance with the Uniform Act. 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 Mayor and Council approve a resolution empowering the City Administrator and the Public Works Director to set Just Compensation for tracts acquired in accordance with the Uniform Act. Sample Motion Move to approve the resolution. R E S O L U T I O N 2012-9 WHEREAS, the City of Grand Island is a Local Public Agency in the State of Nebraska receiving federal transportation funding from the Federal Highway Administration; and WHEREAS, the law governing property acquisition and relocation on federally assisted projects is Public Law 91-646; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, commonly called the Uniform Act; and WHEREAS, all Local Public Agencies must have a federally approved Right of Way manual and if not, the LPA must use the NDOR’s Right of Way Acquisition Guide for Local Public Agencies and NDOR’s complete Right of Way Manual; and WHEREAS, “Just Compensation” must be determined for each tract acquired for a Federal-Aid project. This amount shall not be less than the approved appraisal of the fair market value of the property; and WHEREAS, an elected or appointed official shall be empowered to review appraisals, appraisal reviews and set the “Just Compensation” for each project tract. BE IT FURTHER RESOLVED: The Mayor and Council of the City of Grand Island do hereby designate the following individuals as empowered to set “Just Compensation” for properties acquired in accordance with the Uniform Act. Public Works Director City Administrator Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. The City Council of the City of Grand Island Randy Gard Robert Niemann Peg Gilbert Scott Dugan Kirk Ramsey Linna Dee Donaldson Larry Carney Mitch Nickerson Chuck Haase John Gericke Council Member________________________________ Moved the adoption of said resolution Member ___________________ Seconded the motion Roll Call: ___Yes ___No ___Abstained ___Absent Resolution adopted, signed and billed as adopted ____________________________________ Jay Vavricek, Mayor Attest: - 2 - _________________________________________ RaNae Edwards, City Clerk Item G12 #2012-10 - Approving Change Order No. 1 for Moores Creek Drain Extension - Old Potash Crossing; Drainage Project No. 2008- D-2 Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: January 10, 2012 Subject: Approving Change Order No. 1 for Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No. 2008-D-2 Item #’s: G-12 Presenter(s): John Collins, Public Works Director Background Midlands Contracting, Inc., of Kearney, Nebraska was awarded a $166,805.00 contract by the City Council on September 13, 2011 to extend the last constructed segment of the Moores Creek Drainway to the south under Old Potash Highway. The Moores Creek Drainway is one portion of a series of open ditches, detention cells and storm sewer that were proposed in a 1975 study to provide flood relief to urbanized areas in western Grand Island. Future extensions of this drainway will be constructed west and south beyond Engleman Road and Stolley Park Road. The Moores Creek Drain Extension project begins south of Old Potash Highway on the east side of North Road, and ends approximately 500’ north. Discussion Change Order No. 1 includes additional work associated with utility conflicts that were discovered once the project began. The main conflict involved the lowering of a 16” water main. These items were not included in the original bid documents, but are necessary to complete the project. Change Order No. 1 will increase this project cost by $43,560.00, for a total contract amount of $210,365.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 1 for the Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No. 2008-D-2. Sample Motion Move to approve the resolution. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: January 10, 2012 PROJECT : Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No. 2008-D-2 CONTRACTOR: Midlands Contracting, Inc. CONTRACT DATE: September 13, 2011 This change order allows for items required to complete the project that were not included in the original bid documents, such as utility conflicts which consisted of lowering a 16” water main and laying a 48” Reinforced Concrete Pipe underneath duct bank and gas line; additional traffic control costs; and the additional cost of concrete to open Old Potash Highway by December 25, 2011. The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ………………………………………………$166,805.00 Net Increase/Decrease Resulting from this Change Order……………………………..$ 43,560.00 Revised Contract Price Including this Change Order………………………………$210,365.00 Approval Recommended: By__________________________________ John Collins, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: Midlands Contracting, Inc. By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-10 WHEREAS, on September 13, 2011, by Resolution 2011-244, the City of Grand Island awarded Midlands Contracting, Inc. of Kearney, Nebraska the contract in the amount of $166,805.00 for the Moores Creek Drain Extension – Old Potash Crossing; Drainage Project no. 2008-D-2; 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 by the amount of $43,560.00, for a total contract price of $210,365.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and Midlands Contracting, Inc. of Kearney, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2012-11 - Approving Amendment to the Fee Schedule Relative to HPSP and Jackrabbit Run Golf Course Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian. Parks & Recreation Director Meeting: January 10, 2012 Subject: Approving Changes to the 2011-2012 Fee Sehedule Item #’s: G-13 Presenter(s): Steve Paustian, Parks & Recreation Director Background The City currently operates the Heartland Public Shooting Park and Jackrabbit Run Golf Course. As programs are added or improved and as expenses increase it is desirable to adjust user fees to minimize the subsidies necessary to operate the facilities and in the case of the Golf Course to reflect the additional fee to the fee schedule. To this end a modification to the fee schedule is proposed. Discussion These proposed fees are the staff’s best effort to maximize the return on investment. The proposed fees took into consideration fees charged by similar facilities in the area for similar services along with an allowance for the quality of the facility the shooting public enjoys at the Heartland Public Shooting Park. In addition a fee has been developed to promote early purchase of season passes at Jackrabbit Run. Attached are the recommended fee modifications and additions. 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 recommended fee additions and increases for the Heartland Public Shooting Park and Jackrabbit Run Golf Course. Sample Motion Move to modify the existing fee schedule to include the new offerings and rate changes proposed for the Heartland Public Shooting Park and Jackrabbit Run Golf Course. 2012 Heartland Public Shooting Park Pricing Structure The Parks and Recreation Director shall establish fees for miscellaneous merchandise sales, tournament, league play, special events, and promotions. Venue Adult Consult Youth Consult Skeet (25 targets/round) $6.00 $4.50 $4.50 $3.50 Trap (25 targets/round) $6.00 $4.50 $4.50 $3.50 5-Stand (25 targets/round) $6.75 $5.25 $4.75 $4.25 Sporting Clays (50 targets/round) $17.50 $14.50 $12.50 $10.00 Sporting Clays (100 target/round) $31.50 $28.50 $25.00 $20.00 Trap/Skeet Punch Card $66.75 $50.25 NA NA (12-25 target rounds) Sporting Clay Punch Card $94.00 $84.00 NA NA (6-50 target rounds) Counter Purchase 1500 Targets Trap/Skeet $0.17 NA NA NA Sporting Clays $0.27 NA NA NA Rifle/Handgun Daily Fee $10.00 NA $5.00 NA Rifle/Handgun Punch Card 6 days at $7.50 $45.00 NA NA NA Rifle/Handgun Family Pass (Yearly) $175.00 NA NA NA Archery Practice Range $ 5.00 NA $2.50 NA 3 D Range $15.00 $8.00 Rifle Range Daily Rental Law Enforcement with own RSO $100.00 With Park RSO $200.00 Business with own RSO $150.00 With Park RSO $250.00 Classroom Rental per day Shooting Sports Educational $100.00 Business or Private $200.00 With Associated Shooting Event NC Golf Cart Rental per round (per rider) $4.00 ½ day $25.00 per day (4 rider limit) $50.00 RV Park (per night) RV Pad with electricity/water $25.00 Primitive Camping (no water/electric ) $5.00 Jackrabbit Run Golf Course Discounted season passes if purchased from December 1 through January 31 Pass (Annual – December 1 through January 31) Adult Seven Day 470.00 Additional Family Member 210.00 Family Pass 675.00 Adult Five Day Pass (Mon.-Fri . only) 355.00 Junior/Student pass includes full time college students (weekdays and after 1:00 on weekends) 145.00 Senior Pass (55 & Older, excludes holidays and weekends before 1:00 pm) 270.00 Effective July 1 all season passes are discounted 50%. Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-11 WHEREAS, the 2011/2012 budget process requires an update of the Fee Schedule for numerous services that the City provides; and WHEREAS, it is necessary to modify fees at the Heartland Public Shooting Park and Jackrabbit Run Golf Course. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2011/2012 adopted Fee Schedule be modified and the changes incorporated into the 2011/2012 budget. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2012-12 - Consideration of Request from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class "I" Liquor License and Liquor Manager Designation for Qi Qin Huang, 1206 Cedar Ridge Court, Apt. 101 This item relates to the aforementioned Public Hearing item E-1. Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-12 WHEREAS, an application was filed by Fuji Steak House, Inc. doing business as Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on December 31, 2011; such publication cost being $16.27; and WHEREAS, a public hearing was held on January 10, 2012 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Qi Qin Huang, 206 Cedar Ridge Court, Apt. 101 as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2012-13 - Consideration of Intent to Annex Area 8b (Rainbow Lake Area) Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: January 10, 2012 Subject: Annexation Area Identified as 8b Item #’s: I-2 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background At the March 22, 2011 meeting of the Grand Island City Council a resolution was passed that directed the planning department and other city staff as follows: · to proceed with preparing annexation plans (as required and defined by statute), · to notify property owners and school districts as required by law, and · to forward the annexation plans to the Regional Planning Commission for review. Eight areas were identified as eligible for annexation into the Grand Island municipal limits. Council has acted on 6 of the 8 areas. An annexation plan is available for annexation area 8b the 7th of 8 areas. The annexation plan for area 8b (Rainbow Lake) is complete and was considered by the Regional Planning Commission after a public hearing at their meeting held January 4, 2012. The annexation plans for the area identified as 8b is attached are available from the Grand Island City Clerk, the Hall County Regional Planning Department and on the Grand Island Website at www.grand-island.com. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. In following the process approved by Council on March 22nd, 2011 annexation plans have been prepared by staff and referred to the Regional Planning Commission for recommendation. The second action in this process is for Council to pass a resolution stating their intent to annex, approve annexation plans and set public hearings for comment on the annexations before council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution of intent to annex, the attached annexation plan, and set public hearing on annexation for February 14, 2012 2. Choose not to approve the resolution of intent to annex, the attached annexation plan, and set public hearing on annexation for. 3. Modify the resolution of intent to annex, the attached annexation plan, and/or the public hearing date. 4. Postpone the issue Recommendation At the January 4, 2012 meeting of the Hall County Regional Planning Commission a public hearing was held to take comment on the annexation plans for area 8b. Two members of the public spoke in opposition to the annexation of area 8b. One, a resident of Rainbow Lake and the other representing the owner of a 40+ acre parcel with a single house located between Rainbow Lake and U.S. Highway 34. The minutes of the Planning Commission Meeting pertaining to this item are attached. Planning Commission took separate votes on each area and recommended approval of all of the areas. City staff also recommends that the Council approve the resolution of intent to annex, the attached annexation plan, and set a public hearing on annexation of this area for February 14, 2012. Sample Motion Move to approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation of Area 8b. From the January 4, 2012 Planning Commission Minutes 4. Public Hearing – Public Hearing – Annexation - (C-04-2012GI) Annexation Area 8b - This property is located in the southwest part of the city. It is south of US Hwy 34 and east of south Blaine Street. This property includes the Rainbow Lake area. Part of the SW ¼ of Section 28, Township 11 North, Range 9 and Part of the NW ¼ of Section 33, Township 11 North, Range 9 West of the 6th P.M. O’Neill opened the Public Hearing. Nabity explained to the Planning Commission and to the members of the audience that annexation was first talked about back in January of 2011 at the City Council retreat. Council then decided on potential area for Annexation and how this is part of the Comprehensive Plan for Grand Island. The Comprehensive Plan was adopted in 2004. On March 22, 2011, Council gave the go ahead to Planning to state the annexation process. Last fall there were five areas annexed into the City of Grand Island. The City provides police, EMS and Fire protection. This area is also within the city’s two mile jurisdiction and is subject to the current City building codes. With the annexation this would allow access to the City library without having to pay the Hall County fee. Nabity noted that privately owned lakes within the City limits would still be privately owned lakes with no public access. Vi Sheeks, 3623 S Blaine spoke against the annexation, she commented a few years ago when the Rainbow Lake area had issues with the sewer and came to the City for help they were refused. Homeowners then ga thered together and paid to fix the issue themselves. She asked about Northwest High School and how they would be affected? She noted that those wanting sewer and water should be the ones to pay for this not the homeowner who already has functioning service and like the way things are now. John Niedfelt, 1515 W Husker Hwy., spoke against the annexation. His mother owns 40+ acres and this would be an extreme expense to install sewer and water to the house. Niedfelt said this property will not become a developed property. He also questioned the upfront costs or future costs. Nabity stated public works has formulated a plan to eliminate the lift station that is currently serving Rainbow Lake. A gravity main could be extended from the Knot subdivision northeast of Rainbow across the Robb property east of Catfish Avenue. The cost to run a gravity sewer line to the Rainbow Lake area is estimated at $410,000. O’Neill closed the Public Hearing. A motion was made by Ericksen to not recommend Annexation of Area 8b, Rainbow Lakes to City Council and was seconded by Connelly. The motion failed with 5 members present voting in favor of not recommending Annexation to City Council (Hayes, Reynolds, Eriksen, Connelly and Snodgrass) and 6 voting against (McCarty, O’Neill, Ruge, Monter, Haskins and Bredthauer). O’Neill looked for a new motion. A motion was made by Bredthauer to approve the Annexation of Area 8b, Rainbow Lakes and recommend Annexation to City Council. Bredthauer noted some findings of facts were the City will assume the sewer responsibility, city sewer and water could be readily available and this area is surrounded by the City Limits and this does meet the guidelines as set forth in the Grand Island Comprehensive Plan. This was seconded by Haskins. The motion carried with 7 members present voting in favor of recommending the Annexation of Area 8b to City Council (McCarty, O’Neill, Ruge, Monter, Haskins, Bredthauer, and Snodgrass) and 4 voting no (Hayes, Reynolds, Eriksen and Connelly). ANNEXATION PLAN AREA 8b–December 2011 December 16, 2011 OVERVIEW Section 16-117 of The Nebraska State Statute allows municipalities of the first class to annex any contiguous or adjacent lands, lots, tracts, streets, or highways that are urban or suburban in character and in such direction as may be deemed proper. Regulations governing municipal annexation were implemented in order to develop an equitable system for adding to and increasing city boundaries as urban growth occurs. Areas of the community that are urban in nature, and are contiguous to existing boundaries, are appropriate for consideration of annexation. Annexation of urban areas adjacent to existing city boundaries can be driven by many factors. The following are reasons annexation should be considered: 1. Governing urban areas with the statutorily created urban form of government, municipalities have historically been charged with meeting the needs of the expanded community. 2. Provide municipal services. Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and well being of residents in areas that are used primarily for residential, industrial, and commercial purposes. 3. Ensure orderly growth pursuant to land use, building, street, sidewalk, sanitary sewer, storm sewer, water, and electrical services. 4. Provide more equitable taxation to existing property owners for the urban services and facilities that non-city residents in proposed annexation areas use on a regular basis such as parks, streets, public infrastructure, emergency services, retail businesses and associated support. 5. Ensure ability to impose and consistently enforce planning processes and policies. 6. Address housing standards and code compliance to positively impact quality of life for residents. 7. Enable residents of urban areas adjacent to city to participate in municipal issues, including elections that either do or will have an impact on their properties. 8. Anticipate and allocate resources for infrastructure improvements. 9. Increase number of street or lane miles while increasing gas tax dollars received from the Nebraska Department of Roads. 10. Provide long term visioning abilities as it relates to growth and provision of services. City Services Available and to be provided A comprehensive inventory of services and facilities, relative to the types and level of services currently being provided as well as the types of level of services anticipated as a result of annexation, has been developed. The inventory includes general information concerning: · Existing infrastructure in affected area(s) · Summary of expenditures to extend existing infrastructure · Summary of operating expenditures associated with increased services · Emergency services The service plan incorporates detailed elements of the inventory. The inventory and resulting service plan should be the basis for discussions concerning each specific area identified for potential annexation. It should be noted that the capital improvements to existing infrastructure and extending services will take place over a period of time in order to ensure adequate time for planning, designing, funding and constructing such a sizable number of projects while protecting the financial integrity of the City’s enterprise funds. The service plan provides for extending the trunk water and sanitary sewer lines to the annexed area if they are not already available. Individual property owners will be responsible for the cost of extending services through neighborhoods and for connecting their properties to the public systems. City Services not requiring extension of infrastructure would be available immediately upon annexation. Services requiring extension of infrastructure would be available upon installation of services to City of Grand Island standards and acceptance into the City systems. Extension may be contingent on the successful creation and continuation of an assessment district to raise the necessary funding for installation. South of U.S. Highway 34 and east of Blaine Street (Rainbow Lake) This property is the located in the south central part of the community. It is south of U.S. Highway 34 and on the east side of Blaine Street. The City of Grand Island provides electric services to the area. Sewer is available to some of the properties and water is available to all of the properties. There are about 129 acres of property included in the area. The property is currently used primarily for residential and agricultural purposes. There are 46 houses included in this area with an estimated population of 175. INVENTORY OF SERVICES 1. Police Protection. The City of Grand Island Police Department will provide protection and law enforcement services in the annexation area. These services include: · Normal patrols and responses · Handling of complaints and incident reports · Investigation of crimes · Standard speed and traffic enforcement · Special units such as traffic enforcement, criminal investigations, narcotics, and gang suppression These services are provided, on a city-wide basis. The Police Department has an authorized police force of 77 officers. The Police Department is staffed at a rate of 1.58 officers per one thousand population persons. Immediate annexation of the area will not have any impact on police services. The area when fully developed will likely create the need for additional police staffing. 2. Fire Protection. The City of Grand Island Fire Department will provide emergency and fire prevention services in the annexation area. These services include: · Fire suppression and rescue · Hazardous materials incident response · Periodic inspections of commercial properties · Public safety education These services are provided, on a city-wide basis, by 69 employees operating from four fire stations. The nearest fire station is Station #3 located on Webb Road about 2 miles from the proposed annexation area. 3. Emergency Medical Services. The City of Grand Island is the current provider of local emergency medical services in the city and will provide this service in the annexed area. · Emergency medical and ambulance services · Emergency dispatch (provided by the City/County Emergency Management Department) The City of Grand Island Fire Department provides these services, on a city-wide basis. Fire personnel are emergency medical technicians and 32 are certified paramedics. 4. Wastewater (Sanitary Sewer). The City of Grand Island has sanitary sewer services in the area through existing sewer lines. A collection system could be extended throughout the property when development occurs. Collection systems within a development are typically done at the property owner’s expense. The City can finance this development through the creation of an assessment district. The cost of the collection system is dependent on the nature, density and design of the development proposed on the site. Rainbow Lake is currently served by a private sewer line and lift station. The city will take over maintenance and control of the private line from the homeowners association. This will allow the City to permit access to this line to other development as needed. The City Public Works Department has preliminary designs for a plan that could result in the elimination of the lift station. The estimated cost of installing the new gravity line is $410,000. This would also allow for additional development between U.S Highway 34 and the Wood River Diversion Channel. 5. Maintenance of Roads and Streets. The City of Grand Island, Public Works Department, will maintain public streets over which the City has jurisdiction. These services include: · Snow and ice removal · Emergency pavement repair · Preventative street maintenance · Asphalt resurfacing · Ditch and drainage maintenance · Sign and signal maintenance · Asphalt resurfacing A portion of Bass Road is already within the City jurisdiction. The remainder of Bass Road, along with Catfish Avenue, Rainbow Road and Blaine Street would become the responsibility of the City. 6. Electric Utilities. This Annexation area is currently provided electrical services by the City of Grand Island. The services appear adequate to meet the needs of the area. These services include: · Electric utility services · Street lights 7. Water Utilities. The City of Grand Island, Utilities Department, currently maintains the water utilities services for the proposed annexation area. No additional mains are necessary to serve this property. Additional extensions will be necessary to serve the property as it is developed. The cost of extending water throughout the property dependent on the nature, density and design of the development proposed on the site. *Based on the current cost to construct water mains the City Utilities Department is estimating the cost of construction of a water main around Rainbow Lake at $631,600 this would include the necessary taps and hydrants. The estimated cost to the City is $68,200 for the installation of oversized lines. The remaining $563,400 could be financed through the creation of an assessment district. Water is available along U.S Highway 34, and Schimmer Drive. 8. Maintenance of Parks, Playgrounds, and Swimming Pools No impact is anticipated as a result of annexation. Hall County Park is within the area but there is no requirement that the City take any responsibility for Hall County facilities that are within the municipal limits. No impacts are anticipated. Rainbow Lake is a privately owned lake and annexation does not provide public access to private property. 9. Building Regulations. The City of Grand Island, Building Department, will oversee services associated with building regulations, including: · Commercial Building Plan Review · Residential Building Plan Review · Building Permit Inspections and Issuance · Investigation of complaints relative to Minimum Housing Standards · Regulation of Manufactured Home Parks · Investigation of Illegal Business Complaints · Investigation and Enforcement of Zoning Violations 10. Code Compliance. The City of Grand Island’s Legal Department and Code Compliance division will continue to provide the following services associated with enforcing compliance with the City Code: · Enforcement Proceedings for Liquor and Food Establishment Violations · Investigation and Enforcement of Complaints Regarding Junked Vehicles and Vehicle Parts, Garbage, Refuse and Litter · Investigation of Enforcement of Complaints Regarding Weed and Animal Violations Providing Enforcement Support to Other Departments for City Code and Regulatory Violations 11. Library Services. In 2010 the City of Grand Island began charging a non- resident fee to people living outside of the Grand Island City Limits for library services. Residents of this area will no longer be required to pay this fee to use the Grand Island library. 12. Other City Services. All other City Departments with jurisdiction in the area will provide services according to city policies and procedures. Summary of Impacts Police Protection No Impact Fire Protection No Impact Emergency Medical Services No Impact Wastewater Available and can be extended Roads and Streets Some additional responsibility for Blaine Street, part of Bass Road, Rainbow Road and Catfish Avenue Electric Service Already in GI Service Area Water Service Available Parks, Playgrounds and Swimming Pools No Impact Building Regulations Already Subject to GI Regulations Code Compliance Already Subject to GI Regulations Library Would be available at no additional fee Other No Impact School District In Cedar Hollow/Northwest School District Financial Impacts of the Properties west of Blaine Street generally south of Stage Coach Road and north of Schimmer Drive Annexation Financial Impact Before Annex After Annex 2010 Property Valuation $ $9,668,384 City sales tax now applicable No Yes Assume $9,668,384 Value Tax Entity Bond 2010 Levy 2010 Taxes 2010 Levy 2010 Taxes City Levy $0.00 0.204855 $19,806.17 City Bond $0.00 0.067645 $6,540.18 CRA $0.00 0.017742 $1,715.36 Hall County 0.430957 $41,666.58 0.430957 $41,666.58 Rural Fire 0.049493 $4,785.17 $0.00 Fire Bond* 0.008064 $779.66 0.008064 $779.66 GIPS School $0.00 1.073899 $103,828.68 2nd Bond $0.00 0.082245 $7,951.76 4th Bond $0.00 0.045144 $4,364.70 NW School 1.012636 $97,905.54 $0.00 6th Bond 0.049034 $4,740.80 0.049034 $4,740.80 ESU 10 0.015 $1,450.26 0.015 $1,450.26 CCC 0.112023 $10,830.81 0.112023 $10,830.81 CPNRD 0.04733 $4,576.05 0.04733 $4,576.05 Ag Society 0.004168 $402.98 0.004168 $402.98 Airport 0.011825 $1,143.29 0.011825 $1,143.29 Airport Bond 0.010493 $1,014.50 0.010493 $1,014.50 Total Combined 1.751023 $169,295.63 2.180424 $210,811.77 Hall County, ESU, Community College, NRD and other levies will not change. Total property tax levy 1.751023/$169,295.63 2.180424/$210,811.77 Depending on development these properties will connect to city water and sewer services and generate revenue for those enterprise funds based on the rate structure and usage. *previously approved bonds will remain with property until paid off Location of Sewer and Water Lines near area 7 Generalized Existing Land Use December 2011 R E S O L U T I O N NO. 2012-13 WHEREAS, the City of Grand Island, in accordance with Neb. Rev. Stat. §16-117, et seq., is considering the annexation of the land and a plan for extending city services to the adjacent and contiguous land which are urban or suburban in character and legally described as Annexation Area 8b as follows and as shown on Exhibit A attached hereto and incorporated herein by this reference: Annexation Area 8b: Beginning At A Point On The East Line Of The Southwest Quarter Section 28-11-9 Where It Intersects The North Right Of Way Line Of Nebraska Hwy 34, Husker Highway Said Point Being 92.4’ North Of The Quarter Corner Common To The Southwest Quarter Section 28-11-9 And The Northwest Quarter Section 33-11-9 Thence Southerly On The Easterly Line Of Southwest Quarter Of Section 28-11-9 For A Distance Of 92.4’ To The Southeast Corner Of Southwest Quarter Section 28-11-9 Thence Continuing Southerly On The East Line Of Northwest Quarter Section 33-11-9 To The Southeast Corner Of Said Northwest Quarter Section 33-11-9 Thence Continuing Southerly On The East Line Of The Southwest Quarter Section 33- 11-9 For A Distance Of 153.29’ Thence Westerly On A Line153.29’ South Of And Parallel To The North Line Of Said Southwest Quarter Section 33-11-9 To A Point On The West Line Of Section 33-11-9 Thence Northerly On The West Line Of Section 33-11-9 To The Southwest Corner Of Rainbow Lake Third Subdivision Thence Continuing North On The West Line Of Rainbow Lake Third Subdivision, Rainbow Lake Subdivision To The Northwest Corner Of Rainbow Lake Subdivision, Said Point Also Being The Northwest Corner Of North Half Of South Half Of Northwest Quarter Section 33-11-9 Thence Continuing Northerly On The West Line Of Section 33-11-9 To The Northwest Corner Lake Heritage Subdivision Thence Easterly On The North Line Of Lake Heritage Subdivision For A Distance Of 357’ The Southeasterly On A Line For A Distance Of 136.52’ Thence Southwesterly On A Line For A Distance Of 91.01’ To The North Line Of Bass Road Thence South On A Line Perpendicular To The North Line Of Bass Road To The South Line Of Bass Road Thence Easterly On The South Line Of Bass Road To A Point Being An Extension Of The East Line Of Lake Heritage Second Subdivision Thence Northerly On The Line Of Lake Heritage Second Subdivision And Said Extension To A Point 223.81’ North Of The North Line Of Bass Road Thence Northeasterly On A Line For A Distance Of 128.88’ Thence Northerly On A Line For A Distance Of 588.44’ To A Point On The South Line Of Lot 5 Lake Heritage Second Subdivision Thence Northeasterly On A Line For A Distance Of 74.74’ Thence Northerly On The East Line Of Lot 5 Lake Heritage Second Subdivision And An Extension There Of To The North Line Of Nebraska State Highway No. 34 Thence Easterly On The North Line Of Nebraska Highway 34, Husker Highway To the Point Of Be ginning. As shown on Exhibit "A" attached hereto and incorporated herein by this reference. Exhibit “A” NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a plan outlining the city services available to the above-described land and showing or including: (a) the estimated cost impact of providing the services to such land, (b) the method by which the city is financing the extension of services to the land and how services already provided will be maintained, (c) maps drawn to scale clearly delineating the land proposed for annexation, (d) maps showing the current boundaries of the city, (e) maps showing the proposed boundaries of the City after the annexation, and (f) maps showing the general land-use pattern in the land proposed for annexation is hereby adopted and approved and shall be available for inspection during regular business hours in the office of the City Clerk. BE IT FURTHER RESOLVED, that a public hearing before the Mayor and City Council on the proposed annexation shall be held at 7:00 p.m. on February 14, 2012 or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, to receive testimony from interested persons. BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to publish in the Grand Island Independent at least once, not less than ten days preceding the date of the public hearing, a copy of this Resolution and a map or maps drawn to scale delineating the land proposed for annexation. BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to send by first-class mail, a copy of the resolution providing for the public hearing to the school boards of the school districts including the lands proposed for annexation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2012-14 - Consideration of Structured Solutions Petition to Extend Contract Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Robert J. Sivick, City Attorney Meeting: January 10, 2012 Subject: Request by Structured Solutions, Inc. to Modify Economic Development Agreement Item #’s: I-3 Presenter(s): Mary Lou Brown, City Administrator Background On December 15, 2009, the Grand Island City Council (Council) unanimously approved an Economic Development Agreement (Agreement) with Structured Solutions, Inc. The terms of that agreement provided an unsecured, forgivable loan of Six Hundred Thousand Dollars ($600,000.00) to Structured Solutions to assist it in setting up a business in Grand Island providing loan management services to lenders. The agreement provided that in exchange for the monetary advance, Structured Solutions would create 200 new jobs in Grand Island by 2014. The Agreement provided periodic benchmarks for the creation of jobs with the first one being Structured Solutions would have fifty employees in Grand Island by December 31, 2011. The Agreement also provided portions and ultimately all of the monetary advance would be forgiven as Structured Solutions met its job creation benchmarks. The Agreement also provided if Structured Solutions failed to meet its job creation benchmarks, it would be in default and the City could demand the return of the monetary advance. On December 27, 2011 Robert Yuan of Structured Solutions contacted the Grand Island Area Economic Development Corporation and requested a seven month extension of the first benchmark. Mr. Yuan offered 10% of Structured Solutions stock as collateral in exchange for the extension. Discussion As the governing body for the City of Grand Island, it is the Council’s decision whether to accept or reject Structured Solutions’ request for a seven month extension of the first job creation benchmark. The City is under no legal obligation to accept or reject the request and the ultimate decision is entirely within the Council’s discretion. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve. 2. Move to reject. Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-14 (A) BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the City amends the Economic Development Agreement entered into on December 15, 2009 with Structured Solutions, Inc. to extend the first employee benchmark requirement from December 31, 2011 to July 31, 2012 as stated in sections 1.3 and referenced in 2.2 and 3.1 of said Agreement. Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ January 6, 2012 ¤ City Attorney R E S O L U T I O N 2012-14 (B) BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the existing Economic Development Agreement entered into on December 15, 2009 with Structured Solutions, Inc. remain unchanged and steps to enforce the Agreement be initiated. Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of December 28, 2011 through January 10, 2012 The Claims for the period of December 28, 2011 through January 10, 2012 for a total amount of $2,653,465.31. A MOTION is in order. Tuesday, January 10, 2012 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council