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08-14-2012 City Council Regular Meeting Packet City of Grand Island Tuesday, August 14, 2012 Council Session Packet City Council: Larry Carney Linna Dee Donaldson Scott Dugan Vaughn Minton John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East First Street Grand Island Council Session - 8/14/2012 Page 1 / 262 City of Grand Island Tuesday, August 14, 2012 Call to Order 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. Invocation Pledge of Allegiance Roll Call 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. Grand Island Council Session - 8/14/2012 Page 2 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item C1 Recognition of Patti Buettner, Parks and Recreation Secretary for 30 Years of Service with the City of Grand Island The Mayor and City Council will recognize Patti Buettner, Parks and Recreation Secretary for 30 years of service with the City of Grand Island. Ms. Buettner was hired on August 9, 1982 as a Clerk III, was promoted to Recreation Assistant on July 25, 1985, Promoted to Administrative Secretary on August 3, 1993 and to her current position as Parks and Recreation Secretary on November 11, 1996. We congratulate and thank Ms. Buettner for her dedication and service to the City of Grand Island. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 8/14/2012 Page 3 / 262 Grand IslandCouncil Session - 8/14/2012Page 4 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item C2 Recognition of Grand Island Police Department for Receiving the UPRR Safety Spike Award from the Union Pacific Railroad. The Mayor and Council will recognize the Grand Island Police Department for receiving the Golden Safety Spike Award from the Union Pacific Railroad. The Grand Island Police Department was recognized on July 30th by the Union Pacific Railroad for the Department’s continuing efforts to keep the railroad right of way safe in Grand Island. Railroad Police Department agents Brian Bentzinger and Michael Wilson presented the Department with a UPRR Safety Spike Award. Agents Bentzinger and Wilson expressed their appreciation for the support the Police Department gives to their agents when they are in Grand Island and for the Department’s enforcement efforts on the railroad right of way. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 8/14/2012 Page 5 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item C3 Recognition of the Grand Theatre Redevelopment The Mayor and City Council will recognize the renovation efforts at the Grand Theatre. The $900,000 renovation included new carpet, a new vitrolite tile facade, a basement museum, a new projector, and a new neon sign. The Grand now looks more like it did when it originally opened on May 7, 1937. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 8/14/2012 Page 6 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item E1 Public Hearing on Request from Roger Luebbe for a Conditional Use Permit for a Parking Lot Located at 1311 South Stuhr Road Staff Contact: Craig Lewis Grand Island Council Session - 8/14/2012 Page 7 / 262 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:August 14, 2012 Subject:Request of Roger Lubbe and the Nebraska State Fair for Approval of a Conditional Use Permit to Allow the Use as a Parking Lot for Property at 1311 S. Stuhr Road Item #’s:E-1 & H-1 Presenter(s):Craig Lewis – Building Department Director Background This request is for approval of a conditional use permit to allow the property to be utilized as a parking lot. The 36 acre tract of land located east of Stuhr Road is an undeveloped tract of land and would be utilized as parking for the State Fair and possibly other events that would comply with the provisions of section 36-96 (B) (3). The property is currently zoned T-A Transitional Agriculture and as such a parking lot is not a listed permitted or conditional use. However, a public service facility is a listed conditional use and section 36-89 (E) allows temporary uses if approved by the City Council as a conditional use. Conditional uses as listed in the zoning code must be approved by the City Council after a finding that the proposed use promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Discussion This proposal is to utilize the undeveloped tract of land for parking as the provisions of section 36-96(B)(3) allow for tracts of land twenty acres or more used for seasonal events of not more than 14 consecutive days in duration to be exempt from providing required parking lot improvements. The request is to allow parking for the State Fair and any similar event that would comply with the provision of the City code for the next 5 years. Conditions for the approval of the tract might be a minimum 10’ setback from the property line before any parking begins, limited access to the site in two drives as approved by the Public Works department, and any parking lot lighting provided shall Grand Island Council Session - 8/14/2012 Page 8 / 262 comply with the National Electric Code and be permitted and inspected by City electrical inspectors. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for a Conditional Use Permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2.Disapprove or /Deny the request finding that the proposal does not conform to the purpose of the zoning regulations. 3.Modify the request to meet the wishes of the Council. 4.Refer the matter to a special committee for a determination of a finding of fact. 5.Table the issue Recommendation City Staff recommends that the Council approve the conditional use permit with the condition identified, finding that the request does promote the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the requested conditional use permit as specified in the staff recommendation published in the Council packet and presented at the City Council meeting and finding that the application will conform with the purpose of the zoning regulations. Grand Island Council Session - 8/14/2012 Page 9 / 262 Grand Island Council Session - 8/14/2012 Page 10 / 262 Grand Island Council Session - 8/14/2012 Page 11 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item E2 Public Hearing on Acquisition of Utility Easement - 2302 Gateway Avenue - Slack & Shoemaker Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/14/2012 Page 12 / 262 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:August 14, 2012 Subject:Acquisition of Utility Easement – 2302 Gateway Avenue Slack & Shoemaker Item #’s:E-2 & G-4 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 Jimmy Slack and Suzanne Shoemaker located along the north property line of 2302 Gateway Avenue, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to locate an underground secondary electric line to replace an overhead line previously used. The Department is occupying the property now, where previously, only an overhead service was located. The property immediately adjacent to the north will also be fed from this line. 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 Motion to approve acquisition of the Utility Easement. Grand Island Council Session - 8/14/2012 Page 13 / 262 Grand Island Council Session - 8/14/2012 Page 14 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item E3 Public Hearing on Utility Easement - East Side of Hwy. 30, North of Reuting Road - EXETER 12153 DE, LLC Staff Contact: Tim Luchsinger Grand Island Council Session - 8/14/2012 Page 15 / 262 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:August 14, 2012 Subject:Acquisition of Utility Easement – East side of Highway 30, North of Reuting Road – Exeter 12153 DE, LLC (Crescent Electric Building) 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 EXETER 12153 DE, LLC, located on the east side of Highway 30, north of Reuting Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to locate underground conduit, cable, and a three phase pad- mounted transformer to supply electrical service. A new building is being constructed at the site for Crescent Electric. 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. Grand Island Council Session - 8/14/2012 Page 16 / 262 Grand Island Council Session - 8/14/2012 Page 17 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item E4 Public Hearing on Redevelopment Area #10 for Property Located East of South Locust Street and South of Bismark Road Staff Contact: Chad Nabity Grand Island Council Session - 8/14/2012 Page 18 / 262 1 Council Agenda Memo From:Regional Planning Commission Meeting:August 14, 2012 Subject:Proposed Blighted and Substandard CRA Area No. 10 Item #’s:E-4 & G-13 Presenter(s):Chad Nabity AICP, Regional Planning Director Background Larry Fowle, commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 10 to be prepared by Marvin Planning Consultants of David City, Nebraska. The study area includes approximately 7.5 acres referred to as CRA Area No. 10. The study focused on property in southeast Grand Island between Bismark Road and Phoenix Street and along Kimball and Oak Street. The study as prepared and submitted indicates that this property could be considered substandard and blighted. The full study is attached for your review and consideration. Discussion The Statutory authority and direction to the Planning Commission is referenced below to explain the Planning Commission purpose in reviewing the study: Section 18-2109 Redevelopment plan; preparation; requirements. An authority shall not prepare a redevelopment plan for a redevelopment project area unless the governing body of the city in which such area is located has, by resolution adopted after a public hearing with notice provided as specified in section 18-2115, declared such area to be a substandard and blighted area in need of redevelopment. The governing body of the city shall submit the question of whether an area is substandard and blighted to the planning commission or board of the city for its review and recommendation prior to making its declaration. The planning commission or board shall submit its written recommendations within thirty days after receipt of the request. Upon receipt of the recommendations or after thirty days if no recommendation is received, the governing body may make its declaration. Grand Island Council Session - 8/14/2012 Page 19 / 262 2 ~Reissue Revised Statutes of Nebraska A flow chart of the blight declaration process is shown in Figure 2. At this time, the Planning Commission and Council are only concerned with determining if the property is blighted and substandard. Figure 3 is an overview of the differences between the blight and substandard declaration and the redevelopment plan. If a declaration as blighted and substandard is made by Council then the Community Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The redevelopment plans must also be reviewed by the Planning Commission and approved by Council prior to final approval. Figure 1 Redevelopment Area 10 includes all properties within the area. Grand Island Council Session - 8/14/2012 Page 20 / 262 3 Study Commissioned by CRA Study Commissioned by Other Agency Study Presented to CRA Study Presented to Council May Be Forwarded to RPC Study Sent to RPC for Review and Recommendation Council Chooses not to Forward Study to RPC No Declaration Made RPC Reviews Study and Makes Recommendation within 30 Days Council Considers Substandard and Blighted Declaration Council Chooses not to Make Substandard and Blighted Declaration. No Redevelopment Plans May be Considered Council Declares Area Substandard and Blighted. Redevelopment Plans May be Considered by the CRA Process for Declaring an area of the City Substandard and Blighted Figure 2 Blight Declaration Process (Planning Commission Recommendation is the second purple box). Grand Island Council Session - 8/14/2012 Page 21 / 262 4 Substandard and Blighted Declaration vs. Redevelopment Plan Substandard and Blighted Declaration A Study of the Existing Conditions of the Property in Question Does the property meet one or more Statutory Conditions of Blight? Does the Property meet one or more Statutory Conditions of Substandard Property? Is the declaration in the best interest of the City? Redevelopment Plan What kinds of activities and improvements are necessary to alleviate the conditions that make the property blighted and substandard? How should those activities and improvements be paid for? Will those activities and improvements further the implementation of the general plan for the City? Figure 3 Blight and Substandard Declaration compared to a Redevelopment Plan Grand Island Council Session - 8/14/2012 Page 22 / 262 5 OVERVIEW Continued It is appropriate for the planning commission in conducting its review and considering its recommendation regarding the substandard and blighted designation to: 1.review the study, 2.take testimony from interested parties, 3.make findings of fact, and 4.include those findings of fact as part of its recommendation to Council. Blighted and Substandard Defined The terms blighted and substandard have very specific meanings within the context of the Community Redevelopment Statutes. Those terms as defined by Statute are included below: Section 18-2103 Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (10) Substandard areas shall mean an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; (11) Blighted area shall mean an area, which (a) by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in Grand Island Council Session - 8/14/2012 Page 23 / 262 6 the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted; ~Reissue Revised Statutes of Nebraska ANALYSIS The following summaries are copied directly from the Study. The analysis of the substandard and blighted factors is conducted on pages 14 and 15 of the study. The summaries provide a basis for approving the blighted and substandard designation. Grand Island Council Session - 8/14/2012 Page 24 / 262 7 BlightingBlighting SummarySummary These conditions are contributing to the blighted conditions of the study area. Substantial number of deteriorating structures o 50.0% of the structures identified within the Study Area, were deemed to be in a state of deterioration or dilapidation Deterioration of site or other improvements o A large amount of sidewalk either in a deteriorated state or missing from properties. o There is a significant amount of lineal feet of streets that are deteriorating or dilapidated. o Deteriorating curb and gutter does and/or will continue to become worse in condition and ultimately will begin to negatively impact drainage in the study area. Average age of structures is over 40 years of age o Within the Study Area 94.7% of the structures meet the criteria of 40 years of age or older. The other criteria for Blight were not examined or are not present in the area, these included: Defective/Inadequate street layouts, Faulty lot layout, Insanitary or unsafe conditions, Defective or unusual condition of title, Economic or social liability detrimental to health, safety and welfare, Conditions provision of housing accommodations, One-half of unimproved property is over 40 years old, Tax or special assessment exceeding the fair value of the land, Diversity of ownership. Improper Subdivision or obsolete platting Existence of conditions which endanger life or property by fire and other causes, The area has had either a stable or decreasing population based upon the last two decennial censuses, Unemployment in the designated area is at least one hundred twenty percent of the state or national average, Combination of such factors, substantially impairs or arrests the sound growth of the community, and Per capita income of the area is lower than the average per capita income of the city These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Grand Island Council Session - 8/14/2012 Page 25 / 262 8 SubstandardSubstandard ConditionsConditions Average age of the residential or commercial units in the area is at least forty years Besides structural conditions of the buildings in the Study Area, age of these structures is another contributing factor to the substandard conditions in the area. Statutes allow for a predominance of structures that are 40 years of age or older to be a contributing factor regardless of their condition. Within the study area there is a total of 38 structures. After researching structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:  2 (5.3%) structures were determined to be less than 40 years of age 36 (94.7%) structures were determined to be 40 years of age or older Overall, 94.7% of the structures in this portion of the area are 40 years old or older thus qualifying it as substantial. See Figure 3 for the locations of the structures. Due to the age of the structures in the corporate limits, age of structures would be a direct contributing factor. SubstandardSubstandard SummarySummary Nebraska State Statute requires that at least one of five substandard factors be present in a community. This Study Area in Grand Island has one of the five. The other criteria for Substandard were not present or the data was not readily accessible in the area, these included: Unemployment in the designated area is at least one hundred twenty percent of the state or national average; more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; the per capita income of the area is lower than the average per capita income of the city or in which the area is designated The area has had either stable or decreasing population based on the last two decennial censuses. FFINDINGSINDINGS FORFOR GGRANDRAND IISLANDSLAND BBLIGHTLIGHT SSTUDYTUDY AAREAREA #10#10 Blight Study Area #10 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions Substantial number of deteriorating structures Deterioration of site or other improvements Average age of structures is over 40 years of age Substandard Conditions Average age of the residential or commercial units in the area is at least forty years Grand Island Council Session - 8/14/2012 Page 26 / 262 9 FFINDINGSINDINGS FORFOR GGRANDRAND IISLANDSLAND BBLIGHTLIGHT SSTUDYTUDY AAREAREA #10#10 Blight Study Area #10 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions Substantial number of deteriorating structures Deterioration of site or other improvements Average age of structures is over 40 years of age Substandard Conditions Average age of the residential or commercial units in the area is at least forty years CCONCLUSIONONCLUSION Based upon the issues and conditions indicated from the survey of this area, there is sufficient criteria present to declare Area #10 of Grand Island as Blighted and Substandard as provided for in the Nebraska Revised Statutes. The conditions found throughout the entire area constitute a designation of blighted and substandard. The eventual use of Tax Increment Financing or other incentive programs would be of great benefit to the entire area. RECOMMENDATION: Planning Commission staff is recommending consideration of the following questions as a starting point in the analysis of this Study and in making a recommendation on the question of whether the property in question is blighted and substandard. Recommend Questions for Planning Commission Does this property meet the statutory requirements to be considered blighted and substandard? (See Page 5 for requirements) Are the blighted and substandard factors distributed throughout the Redevelopment Area, so basically good areas are not arbitrarily found to be substandard and blighted simply because of proximity to areas which are substandard and blighted? Is public intervention appropriate and/or necessary for the redevelopment of the area? Findings of fact must be based on the study and testimony presented including all written material and staff reports. The recommendation must be based on the declaration, not based on any proposed uses of the site. All of the testimony, a copy of the study and this memo along with any other information presented at the hearing should be entered into the record of the hearing. The Regional Planning Commission concluded that the area in question meets the definition of blighted and substandard and supports such conclusion with findings of fact. They recommend approval of the declaration as blighted and substandard based on the facts presented, identified and discussed at their meeting. Grand Island Council Session - 8/14/2012 Page 27 / 262 10 The Planning Commission held a Public Hearing on this proposal at their meeting on July 11, 2012. No members of the public spoke in opposition to this item. 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 A motion was made by Hayes and seconded by Reynolds to recommend approval of the Substandard and Blighted Area Designation for Redevelopment Area No. 10 in Grand Island, Nebraska Study as presented based on the study prepared for Larry Fowle by Marvin Planning Consultants. A roll call vote was taken and the motion passed with 8 members present (McCarty, Snodgrass, O’Neill, Ruge, Bredthauer, Hayes, Reynolds, Haskins) voting in favor. Sample Motion Move to approve the Substandard and Blight Designation for Redevelopment Area No. 10 in Grand Island, Hall County, Nebraska finding the information in the study to be factual supporting such designation. Grand Island Council Session - 8/14/2012 Page 28 / 262 Alvo, Nebraska Alvo, Nebraska City of Grand Island, NE Blight and Substandard Study Area #10 June 2012 Grand Island Council Session - 8/14/2012 Page 29 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 1 PPURPOSEURPOSE OFOF THETHE BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD SSTUDYTUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within the city of Grand Island. This study has been commissioned by an individual property owner within the community with the hope that the City will consider the study area for future redevelopment activity. The area is a meandering boundary; the area is also bounded on two sides by properties that have been declared as blighted and substandard in the past. The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity, consistent with sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under sections 18-2101 to 18-2144, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations relating to the use and occupancy of buildings and improvements, the disposition of any property acquired, and providing of necessary public improvements”. The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a workable program. The statute reads, “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” Blight and Substandard are defined as the following: “Substandard areas means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” “Blighted area means an area, which (a) by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty Grand Island Council Session - 8/14/2012 Page 30 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 2 percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a shall not designate an area larger than one hundred percent of the as blighted;” This Blight and Substandard Study is intended to give the Grand Island Community Redevelopment Authority and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing within the City’s jurisdiction. Through this process, the City and property owner will be attempting to address economic and/or social liabilities which are harmful to the well-being of the entire community. BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD EELIGIBILITYLIGIBILITY SSTUDYTUDY This study targets a specific area within an established part of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses in this area include residential dwelling units both single- family and multi-family. Through the redevelopment process the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The following is the description of the designated area within Grand Island. Study Area POINT OF BEGINNING IS THE NORTHWEST CORNER OF LOT 1, BLOCK 3, SOUTH GRAND ISLAND; THENCE EASTERLY ALONG THE NORTH PROPERTY LINE OF LOT 1, BLOCK 3, SOUTH GRAND ISLAND AND CONTINUING EASTERLY ALONG THE NORTHERN PROPERTY LINES UNTIL INTERSECTING THE CENTERLINE OF OAK STREET S; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF THE CENTERLINES OF OAK STREET S AND OKLAHOMA AVENUE E; THENCE WESTERLY ALONG SAID CENTERLINE OF OKLAHOMA AVENUE E TO THE SOUTHERN INTERSECTION THE CENTERLINES OF OKLAHOMA AVENUE E AND OAK STREET S; THENCE SOUTHERLY ALONG SAID CENTERLINE OF OAK STREET S TO THE INTERSECTION OF CENTERLINES FOR OAK STREET S AND PHOENIX AVENUE E; THENCE WESTERLY ALONG SAID CENTERLINE OF PHOENIX AVENUE E TO THE INTERSECTION OF THE CENTERLINES OF PHOENIX AVENUE E AND KIMBALL AVENUE S; THENCE SOUTHERLY ALONG SAID CENTERLINE OF KIMBALL AVENUE S TO THE EXTENDED SOUTH PROPERTY LINE OF LOT 55 IN HAWTHORNE ADDITION; THENCE WESTERLY ALONG SAID EXTENDED SOUTH PROPERTY LINE TO THE SOUTHWEST CORNER OF SAID LOT 55 IN HAWTHORNE ADDITION; THENCE NORTHERLY ALONG THE WEST PROPERTY LINE OF LOT 55 IN HAWTHORNE ADDITION AND EXTENDING NORTHERLY TO THE POINT OF BEGINNING. Grand Island Council Session - 8/14/2012 Page 31 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 3 Figure 1 Study Area Map Source: City of Grand Island EEXISTINGXISTING LLANDAND UUSESSES The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community, and produce a number of impacts that either benefit or detract from the community. Because of this, the short and long-term success and sustainability of the community is directly contingent upon available resources utilized in the best manner given the constraints the City faces during the course of the planning period. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of each parcel of land within the study area. The Study Area is 100% residential with the exception of the local streets and sidewalks serving the study area. Figure 2 Grand Island Council Session - 8/14/2012 Page 32 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 4 Existing Land Use Map Source: Marvin Planning Consultants and Olsson Associates, 2012 Grand Island Council Session - 8/14/2012 Page 33 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 5 FFINDINGSINDINGS OFOF BBLIGHTLIGHT ANDAND SSUBSTANDARDUBSTANDARD CCONDITIONSONDITIONS EELIGIBILITYLIGIBILITY SSTUDYTUDY This section of the Eligibility Report examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. CONTRIBUTING FACTORS There are a number of conditions that were examined and evaluated in the field and online. There are a number of conditions that will be reviewed in detail, on the following pages, while some of the statutory conditions are present, other are not. Age of Structure Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures that are 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note that the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. Within the study area there is a total of 38 primary and accessory structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:  2 (5.3%) units were determined to be less than 40 years of age 36 (94.7%) units were determined to be 40 years of age or older Overall, 94.7% of the structures in this portion of the area are 40 years old or older thus qualifying it as substantial. See Figure 3 for the locations of the structures. Due to the age of the structures in the study area, age of structures would be a direct contributing factor. Structural Conditions Where structural conditions were evaluated, structures were either rated as: Excellent, Average, Deteriorating, or Dilapidated. The following are the definitions of these terms: No Problem/ Average Conditions No structural or aesthetic problems were visible, or Slight damage to porches, steps, roofs etc. is present on the structure, Slight wearing away of mortar between bricks, stones, or concrete blocks, Small cracks in walls or chimneys, Cracked windows, Lack of paint, and Slight wear on steps, doors, and door and window sills and frames. Deteriorating Conditions Holes, open cracks, rotted, loose, or missing materials in parts of the foundation, walls, or roof (up to 1/4 of wall or roof), Shaky, broken, or missing steps or railings, Numerous missing and cracked window panes, Some rotted or loose windows or doors (no longer wind- or water-proof), and Missing bricks, or cracks, in chimney or makeshift (uninsulated) chimney. Dilapidated Conditions Holes, open cracks, or rotted, loose or missing material (siding, shingles, brick, concrete, tiles, plaster, floorboards) over large areas of foundation, Substantial sagging of roof, floors, or walls, Extensive damage by fire, flood or storm, and Grand Island Council Session - 8/14/2012 Page 34 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 6 Inadequate original construction such as makeshift walls, roofs made of scrap materials, foundations or floors lacking, or converted barns, sheds, and other structures not adequate for housing. These are criteria used to determine the quality of each structure in the Study Area. In a recent conditions survey, the structures within the study area were rated. Within the study area there are a total of 26 primary structures and 12 accessory structures. Accessory structures were rated due to the fact that they were visible from the public right-of-ways. After reviewing the overall conditions of the structures in the corporate limits portion include: 16 (50.0%) structures rated as adequate 13 (40.6%) structures rated as deteriorating  3 ( 9.4%) structures rated as dilapidated Overall, 50.0% of the structures in this portion of the area are in a state of disrepair. The data are available for inspection; however, for purposes of this study, Figure 4 only shows the data on a ½ block level as opposed to structure. However, if there were several structures deemed to be deteriorating or dilapidated then the entire block was downgraded. Only one ½ block (16.7%) in the study area was rated as adequate; while four ½ blocks (66.6%) were deteriorating; finally one ½ block (16.7%) was deemed to be dilapidated. For purposes of this study there is approximately 83.3% of the block area within the Study Area that has deteriorating or dilapidated structures. The remaining 16.7% was considered as “Adequate”. Due to the state of disrepair of a number of properties in the area, the conditions represent conditions which are Dangerous to conditions of life or property due to fire or other causes. Grand Island Council Session - 8/14/2012 Page 35 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 7 Figure 3 Structural Age Map Source: Marvin Planning Consultants and Olsson Associates, 2012 Grand Island Council Session - 8/14/2012 Page 36 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 8 Sidewalk Conditions The sidewalk conditions were analyzed in the Study Area. The sidewalks were rated on four categories; adequate, deteriorating, dilapidating, and missing completely. Within the study area there is approximately 2,612 lineal feet of sidewalk. After reviewing the conditions in the field, the following is how the sidewalk conditions breakdown within the corporate limits: 497 (19.0%) lineal feet of adequate sidewalk 1,333 (51.0%) lineal feet of deteriorating sidewalk 781 (20.0%) lineal feet of no sidewalk. There was no sidewalk deemed to be dilapidated. Overall, 71.0% of the sidewalks are in either a deteriorating state or completely missing. Missing sidewalk is as bad as dilapidated or deteriorating sidewalk since there is no safe place to walk other than across someone else’s property or in the street. See Figure 5 for the locations of these sidewalks. Due to the large amount of deteriorating and missing sidewalk, the sidewalk conditions would be a direct contributing factor. Street Conditions The street conditions were analyzed in the Study Area including both the incorporated areas and the unincorporated portions of the area. The streets were also rated on four categories; adequate, deteriorating, dilapidating, and missing completely. The following is the breakdown by corporate limits and county industrial park. Within the study area there is approximately 2,596 lineal feet of street. After reviewing the conditions in the field, the following is how the street conditions breakdown within the corporate limits:  1,755 (67.6%) lineal feet of adequate street  306 (11.8%) lineal feet of deteriorating street  535 (20.6%) lineal feet of dilapidated street Overall, 32.4% of the streets are in either in a deteriorating or dilapidated state. See Figure 6 for the locations of these streets. Due to the large amount of deteriorating and missing street, the street conditions would be a direct contributing factor. Curb and Gutter Curb and Gutters have a number of direct and indirect roles in neighborhoods. Their primary functions is to be a barrier that collects and directs water, drainage. On a secondary level, they can help define where the streets Grand Island Council Session - 8/14/2012 Page 37 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 9 start and stop, and they act as a physical barrier between pedestrian and vehicular traffic. Curb and gutter for the Study Area will be examined similarily to streets and sidewalks. The curb and gutter will be graded as either adequate, deteriorating, dilapidated, or missing. In addition, curb and gutter will be examined based upon their location, within the incorporated area or within the county industrial park. Within the corporate limits portion of the study area there is approximately 2,876 lineal feet of curb and gutter possible. After reviewing the conditions in the field, the following is how the curb and gutter conditions breakdown within the corporate limits:  1,262 (43.9%) lineal feet of adequate curb and gutter  1,613 (56.1%) lineal feet of deteriorating curb and gutter Approximately 57% of the curb and gutters are in either a deteriorating state or are missing. See Figure 7 for the locations of these curb and gutter. Due to the large amount of deteriorating and missing curb and gutter, the curb and gutter conditions would be a direct contributing factor. Poor curb and gutter and no sidewalk access to the street along one side of the intersection. No sidewalk access running east and west. Figure 4 Structural Conditions Grand Island Council Session - 8/14/2012 Page 38 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 10 Source: Marvin Planning Consultants and Olsson Associates, 2012 Grand Island Council Session - 8/14/2012 Page 39 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 11 Figure 5 Sidewalk Conditions Source: Marvin Planning Consultants and Olsson Associates, 2012 Grand Island Council Session - 8/14/2012 Page 40 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 12 Figure 6 Street Conditions Source: Marvin Planning Consultants and Olsson Associates, 2012 Figure 7 Grand Island Council Session - 8/14/2012 Page 41 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 13 Curb and Gutter Conditions Source: Marvin Planning Consultants and Olsson Associates, 2012 Grand Island Council Session - 8/14/2012 Page 42 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 14 BlightingBlighting SummarySummary These conditions are contributing to the blighted conditions of the study area. Substantial number of deteriorating structures o 50.0% of the structures identified within the Study Area, were deemed to be in a state of deterioration or dilapidation Deterioration of site or other improvements o A large amount of sidewalk either in a deteriorated state or missing from properties. o There is a significant amount of lineal feet of streets that are deteriorating or dilapidated. o Deteriorating curb and gutter does and/or will continue to become worse in condition and ultimately will begin to negatively impact drainage in the study area. Average age of structures is over 40 years of age o Within the Study Area 94.7% of the structures meet the criteria of 40 years of age or older. The other criteria for Blight were not examined or are not present in the area, these included: Defective/Inadequate street layouts, Faulty lot layout, Insanitary or unsafe conditions, Defective or unusual condition of title, Economic or social liability detrimental to health, safety and welfare, Conditions provision of housing accommodations, One-half of unimproved property is over 40 years old, Tax or special assessment exceeding the fair value of the land, Diversity of ownership. Improper Subdivision or obsolete platting Existence of conditions which endanger life or property by fire and other causes, The area has had either a stable or decreasing population based upon the last two decennial censuses, Unemployment in the designated area is at least one hundred twenty percent of the state or national average, Combination of such factors, substantially impairs or arrests the sound growth of the community, and Per capita income of the area is lower than the average per capita income of the city These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. SubstandardSubstandard ConditionsConditions Average age of the residential or commercial units in the area is at least forty years Besides structural conditions of the buildings in the Study Area, age of these structures is another contributing factor to the substandard conditions in the area. Statutes allow for a predominance of structures that are 40 years of age or older to be a contributing factor regardless of their condition. Within the study area there is a total of 38 structures. After researching structural age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:  2 (5.3%) structures were determined to be less than 40 years of age 36 (94.7%) structures were determined to be 40 years of age or older Overall, 94.7% of the structures in this portion of the area are 40 years old or older thus qualifying it as substantial. See Figure 3 for the locations of the structures. Due to the age of the structures in the corporate limits, age of structures would be a direct contributing factor. SubstandardSubstandard SummarySummary Grand Island Council Session - 8/14/2012 Page 43 / 262 Blight and Substandard Study – Micro Blight Area City of Grand Island, Nebraska • June 2012 Page 15 Nebraska State Statute requires that at least one of five substandard factors be present in a community. This Study Area in Grand Island has one of the five. The other criteria for Substandard were not present or the data was not readily accessible in the area, these included: Unemployment in the designated area is at least one hundred twenty percent of the state or national average; more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; the per capita income of the area is lower than the average per capita income of the city or in which the area is designated The area has had either stable or decreasing population based on the last two decennial censuses. FFINDINGSINDINGS FORFOR GGRANDRAND IISLANDSLAND BBLIGHTLIGHT SSTUDYTUDY AAREAREA #10#10 Blight Study Area #10 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions Substantial number of deteriorating structures Deterioration of site or other improvements Average age of structures is over 40 years of age Substandard Conditions Average age of the residential or commercial units in the area is at least forty years CCONCLUSIONONCLUSION Based upon the issues and conditions indicated from the survey of this area, there is sufficient criteria present to declare Area #10 of Grand Island as Blighted and Substandard as provided for in the Nebraska Revised Statutes. The conditions found throughout the entire area constitute a designation of blighted and substandard. The eventual use of Tax Increment Financing or other incentive programs would be of great benefit to the entire area. Grand Island Council Session - 8/14/2012 Page 44 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item E5 Public Hearing on Redevelopment Area #11 for Property Located South of Capital Avenue between Broadwell Avenue and Wheeler Avenue Encompassing the Veteran’s Hospital Staff Contact: Chad Nabity Grand Island Council Session - 8/14/2012 Page 45 / 262 1 Council Agenda Memo From:Regional Planning Commission Meeting:August 14, 2012 Subject:Proposed Blighted & Substandard Area No. 11 Item #’s:E-5 & G-14 Presenter(s):Chad Nabity AICP, Regional Planning Director Background Pridon LLC by RDG Planning and Design commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 11 to be prepared by RDG Planning and Design. The study area includes approximately 27 acres of property in north central Grand Island encompassing the Veterans Hospital Campus south of Capital Avenue between Broadwell and Wheeler. The study as prepared and submitted indicates that this property could be considered substandard and blighted. The full study is attached for your review and consideration. Discussion The Statutory authority and direction to the Planning Commission is referenced below to explain the Planning Commission purpose in reviewing the study: Section 18-2109 Redevelopment plan; preparation; requirements. An authority shall not prepare a redevelopment plan for a redevelopment project area unless the governing body of the city in which such area is located has, by resolution adopted after a public hearing with notice provided as specified in section 18-2115, declared such area to be a substandard and blighted area in need of redevelopment. The governing body of the city shall submit the question of whether an area is substandard and blighted to the planning commission or board of the city for its review and recommendation prior to making its declaration. The planning commission or board shall submit its written recommendations within thirty days after receipt of the request. Upon receipt of the recommendations or after thirty days if no recommendation is received, the governing body may make its declaration. ~Reissue Revised Statutes of Nebraska Grand Island Council Session - 8/14/2012 Page 46 / 262 2 A flow chart of the blight declaration process is shown in Figure 2. At this time, the Planning Commission and Council are only concerned with determining if the property is blighted and substandard. Figure 3 is an overview of the differences between the blight and substandard declaration and the redevelopment plan. If a declaration as blighted and substandard is made by Council then the Community Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The redevelopment plans must also be reviewed by the Planning Commission and approved by Council prior to final approval. Figure 1 Redevelopment Area 11 includes all properties within the hatched area. Grand Island Council Session - 8/14/2012 Page 47 / 262 3 Study Commissioned by CRA Study Commissioned by Other Agency Study Presented to CRA Study Presented to Council May Be Forwarded to RPC Study Sent to RPC for Review and Recommendation Council Chooses not to Forward Study to RPC No Declaration Made RPC Reviews Study and Makes Recommendation within 30 Days Council Considers Substandard and Blighted Declaration Council Chooses not to Make Substandard and Blighted Declaration. No Redevelopment Plans May be Considered Council Declares Area Substandard and Blighted. Redevelopment Plans May be Considered by the CRA Process for Declaring an area of the City Substandard and Blighted Figure 2 Blight Declaration Process (Planning Commission Recommendation is the second purple box). Grand Island Council Session - 8/14/2012 Page 48 / 262 4 Substandard and Blighted Declaration vs. Redevelopment Plan Substandard and Blighted Declaration A Study of the Existing Conditions of the Property in Question Does the property meet one or more Statutory Conditions of Blight? Does the Property meet one or more Statutory Conditions of Substandard Property? Is the declaration in the best interest of the City? Redevelopment Plan What kinds of activities and improvements are necessary to alleviate the conditions that make the property blighted and substandard? How should those activities and improvements be paid for? Will those activities and improvements further the implementation of the general plan for the City? Figure 3 Blight and Substandard Declaration compared to a Redevelopment Plan Grand Island Council Session - 8/14/2012 Page 49 / 262 5 OVERVIEW Continued It is appropriate for the planning commission in conducting its review and considering its recommendation regarding the substandard and blighted designation to: 1.review the study, 2.take testimony from interested parties, 3.make findings of fact, and 4.include those findings of fact as part of its recommendation to Council. Blighted and Substandard Defined The terms blighted and substandard have very specific meanings within the context of the Community Redevelopment Statutes. Those terms as defined by Statute are included below: Section 18-2103 Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (10) Substandard areas shall mean an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; (11) Blighted area shall mean an area, which (a) by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years Grand Island Council Session - 8/14/2012 Page 50 / 262 6 and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted; ~Reissue Revised Statutes of Nebraska ANALYSIS The following summaries are copied directly from the Study. The analysis of the substandard and blighted factors is conducted in the study. Tables 1, 2 and 3 from the study as shown below provide a basis for approving the blighted and substandard designation. Table 1: Objective Criteria for Blight Determination 1. Unemployment No 2. Age of Units Yes 3. Per Capita Income Yes 4. Population Yes 5. Unimproved Land No Table 2: Age of Structures in Block Group 1, Tract 3, Hall County, NE Total Structures 281 Built Prior to 1970 194 Percent Built Prior to 1970 69.0% Source: U.S. Census Bureau, 2000, 2010 Table 3: Subjective Criteria for Blight Determination 1.Presence of a substantial number of deteriorated or deteriorating structures No 2.The existence of defective or inadequate street layout No 3.Faulty lot layout in relation to size, adequacy, accessibility, or usefulness Yes 4.Insanitary or unsafe conditions Yes 5.Deterioration of site or other improvements Yes 6.Diversity of ownership No 7.Tax or special delinquency exceeding the fair value of the land No 8.Defective or unusual conditions of title Unknown Grand Island Council Session - 8/14/2012 Page 51 / 262 7 9.Improper subdivision or obsolete platting Unknown 10.The existence of conditions which endanger life or property by fire and other causes Yes 11.Any combination of such factors that substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present conditions and use Yes CONCLUSIONS This study substantiates the presence of at least one of the objective criteria and one of the subjective criteria for designation as a blighted area set forth by Section 18-2103 of Nebraska Revised Statutes. Thus, the designated area is hereby determined to be eligible for a declaration of ‘blighted and substandard’, pursuant to the requirements of Section 18-2103 of Nebraska Revised Statutes. RECOMMENDATION: Planning Commission staff is recommending consideration of the following questions as a starting point in the analysis of this Study and in making a recommendation on the question of whether the property in question is blighted and substandard. Recommend Questions for Planning Commission Does this property meet the statutory requirements to be considered blighted and substandard? (See Page 5 for requirements) Are the blighted and substandard factors distributed throughout the Redevelopment Area, so basically good areas are not arbitrarily found to be substandard and blighted simply because of proximity to areas which are substandard and blighted? Is public intervention appropriate and/or necessary for the redevelopment of the area? Findings of fact must be based on the study and testimony presented including all written material and staff reports. The recommendation must be based on the declaration, not based on any proposed uses of the site. All of the testimony, a copy of the study and this memo along with any other information presented at the hearing should be entered into the record of the hearing. The Regional Planning Commission concluded that the area in question meets the definition of blighted and substandard and supports such conclusion with findings of fact. They recommend approval of the declaration as blighted and substandard based on the facts presented, identified and discussed at their meeting. Grand Island Council Session - 8/14/2012 Page 52 / 262 8 The Planning Commission held a Public Hearing on this proposal at their meeting on July 11, 2012. No members of the public spoke in opposition to this item. 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 A motion was made by Bredthauer and seconded by Ruge to recommend approval of the Substandard and Blighted Area Designation for Redevelopment Area No. 11 in Grand Island, Nebraska Study as presented based on the study prepared for Pridon LLC by RDG Planning and Design. A roll call vote was taken and the motion passed with 8 members present (McCarty, Snodgrass, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer) voting in favor. Sample Motion Move to approve the Substandard and Blight Designation for Redevelopment Area No. 11 in Grand Island, Hall County, Nebraska finding the information in the study to be factual supporting such designation. Grand Island Council Session - 8/14/2012 Page 53 / 262 BLIGHT AND SUBSTANDARD AREA #11 DESIGNATION For the Veterans Affairs CBOC site in Grand Island City of Grand Island, Nebraska Prepared by RDG Planning & Design Omaha, Nebraska June, 2012 Grand Island Council Session - 8/14/2012 Page 54 / 262 Blight Area Designation, Grand Island, Nebraska ● 2 RDG Planning & Design ● June, 2012 This study considers the presence of blighted or substandard conditions in the study area located in the City of Grand Island, pursuant to the requirements of Section 18-2103 of the Nebraska Revised Statutes. GEOGRAPHY OF THE SITE Beginning at the southeasterly corner of the intersection of Capital Avenue and Broadwell Avenues, thence, in an easterly direction, following the southerly line of Capital Avenue, a distance of 434.5 feet, more or less, to the southwesterly corner of the intersection of Capital Avenue and Wheeler Avenue; thence, in a southeasterly direction, following the southwesterly line of Wheeler Avenue, a distance of 965.76 feet to a point; thence, West, a distance of 124.0 feet to a point; thence, South a distance of 268.0 feet to a point; thence, in a southeasterly direction following the southwesterly line of Wheeler Avenue, a distance of 377.0 feet to a point; thence, in a northerly direction, following the westerly line of Broadwell avenue, a distance of 1460 feet, more or less, to the point of beginning, containing approximately 27 acres. All in the City of Grand Island, County of Hall, State of Nebraska. Figure 1 depicts the location of the site and supersedes the above description. Figure 1: Study area for Veterans Affairs CBOC Site Blight Study. Grand Island Council Session - 8/14/2012 Page 55 / 262 Blight Area Designation, Grand Island, Nebraska ● 3 RDG Planning & Design ● June, 2012 DESIGNATION OF BLIGHT In order to qualify as a blighted and substandard area in accordance with the requirements of Section 18-2103, a parcel or district must comply with certain objective and subjective evaluative criteria, set forth by state statute. Objective Criteria In order to qualify as “blighted,” a site must meet at least one of five objective, or numerical, criteria. These criteria include: 1.Unemployment. The qualifying criterion is an unemployment rate in the designated area that is at least 120% of the state or national average. 2000 Census block group data is the most recent decennial census data available to determine the site’s performance with respect to unemployment. More recent data is provided by the ongoing American Community Survey (ACS), which generates community data from smaller, more frequent samples on an array of topics. Along with 2000 Census data, 2006-2010 “5-year estimates” from the ACS were used to determine whether the site met this criterion. 2.Average age of residential or commercial units in the area. The qualifying criterion is that structures in the proposed blighted area have an average age of at least 40 years. 3.Per capita income. The qualifying criterion is a per capita income figure for the area that is lower than the average per capita income of the municipality in which the area is located. Block group data from the 2010 Census is the most recent census data utilized to assess this condition. Five-year estimates, (2006-2010) from the ACS also assisted in accurately assessing this criteria. 4.Population. The qualifying criterion is that the area has had either a stable or decreasing population based on the last two decennial censuses. Census block group level data from 2000 and 2010 were examined to determine the presence of this condition. 5.Unimproved land. This criterion applies to blight designation of predominately vacant areas. Such an area qualifies as “blighted” if more than half of the plotted and subdivided property in the area has been within the city for 40 years and has remained unimproved during that time. Grand Island Council Session - 8/14/2012 Page 56 / 262 Blight Area Designation, Grand Island, Nebraska ● 4 RDG Planning & Design ● June, 2012 Subjective Criteria In addition to meeting at least one of the objective requirements described above, a potentially blighted area must exhibit the presence of at least one of several subjective criteria. These subjective evaluative criteria include: 1.Presence of a substantial number of deteriorated or deteriorating structures. 2.The existence of defective or inadequate street layout. 3.Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. 4.Insanitary or unsafe conditions. 5.Deterioration of site or other improvements. 6.Diversity of ownership. 7.Tax or special delinquency exceeding the fair value of the land. 8.Defective or unusual conditions of title. 9.Improper subdivision or obsolete platting. 10.The existence of conditions which endanger life or property by fire and other causes. 11.Any combination of such factors that substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present conditions and use. Documentation of Qualifying Conditions, Objective Criteria The data used to evaluate the redevelopment site’s blight status is primarily derived from the U.S. Bureau of the Census. To expedite the Census data collection process and provide more fine-grained information, the Census Bureau divides counties and places into several enumeration levels. These include tracts, which are subdivided into block groups and finally into individual blocks. Because the study area includes portions of a block group, examining data at the block level would provide the most accurate evaluation. However, in order to preserve the privacy of individuals, the Census Bureau does not report all types of data at the block level. Additionally, some data from the 2010 Census is not yet available at the block group level. Some tract data is also not provided by the 2010 Census, such as “per-capita income” because Grand Island Council Session - 8/14/2012 Page 57 / 262 Blight Area Designation, Grand Island, Nebraska ● 5 RDG Planning & Design ● June, 2012 the blight study area is unable to meet the population threshold for data accuracy. Five-year estimates, (2006-2010) from the American Community Survey are used as a result, providing the most accurate picture in assessing blight designation. Therefore, the population evaluation utilizes 2010 Census block data, while the other objective criteria are evaluated using a combination of 2010, and 2000 Census data, along with 5-year estimates from the American Community Survey. Analysis of US Census and American Community Survey data indicates that the Veterans Affairs CBOC site meets the statutory requirements for the first level of evaluation for the presence of blighting condition, as required by Section 18-2103 (11). Table 1 illustrates the study area’s performance with respect to each of the objective criteria. The area currently meets Objective Criteria 2, 3, and 4, and does not meet Criteria 1 and 5. Table 1: Objective Criteria for Blight Determination 1. Unemployment No 2. Age of Units Yes 3. Per Capita Income Yes 4. Population Yes 5. Unimproved Land No 1. Unemployment. The study area does not meet this criterion. Unemployment data for the 2010 census is not yet available at the block group, or county level. American Community Survey 5- year estimates, (2006-2010) reflect a 4.9% unemployment rate for the study area and 5.1% for Nebraska. 2. Age of Units. The redevelopment site meets the criterion concerning the average age of residential structures. Census 2000 data indicates that of the 284 structures in the Block Group, 197 of them were built before 1970. This data also indicated that no structures had been built in the Block Group since 1990, indicating that the area is fully built out. This means that in 2010, 69.4% of the structures would be over 40 years old, satisfying the ‘age of units’ criterion. At the time of this writing, only the count of structures was available for the 2010 Census, indicating 281 structures within the block group. Even assuming that the 3 “lost” structures represented the three oldest within the block group, the area still more than meets the requirement for this criterion. Table 2: Age of Structures in Block Group 1, Tract 3, Hall County, NE Total Structures 281 Built Prior to 1970 194 Percent Built Prior to 1970 69.0% Source: U.S. Census Bureau, 2000, 2010 Grand Island Council Session - 8/14/2012 Page 58 / 262 Blight Area Designation, Grand Island, Nebraska ● 6 RDG Planning & Design ● June, 2012 3. Per Capita Income. The project area meets the criterion regarding relative per capita income within the study area. The average 2010 per capita income in the Census tract containing the study area was $16,764. This is significantly lower than that of Grand Island as a whole, which was $21,220. These figures are from the 2006-2010 5-year estimates generated by the American Community Survey, which provide the most current data for the study area. 4. Population. Based on a comparison of 2000 and 2010 block group data, the census block group which includes the study area experienced a population decrease from 849 in 2000, to 755 in 2010. This represents and 11% decline in population, satisfying this objective criteria. 5. Unimproved Land. Although a significant portion of the land within the study area remains unbuilt, it has significant site improvements including grading, landscaping, and an automatic sprinkler system. The site does not meet the unimproved land criterion. Documentation of Qualifying Conditions, Subjective Criteria Because the area meets at least one of the objective criteria, it was further examined for the presence of subjective qualifying criteria. Analysis of these criteria indicates that the study area meets at least one criterion, which is the statutory requirements for the presence of blighting condition, as required by Section 18-2103 (11). Table 3 presents the performance of the study area relative to the subjective criteria. Table 3: Subjective Criteria for Blight Determination 1.Presence of a substantial number of deteriorated or deteriorating structures No 2.The existence of defective or inadequate street layout No 3.Faulty lot layout in relation to size, adequacy, accessibility, or usefulness Yes 4.Insanitary or unsafe conditions Yes 5.Deterioration of site or other improvements Yes 6.Diversity of ownership No 7.Tax or special delinquency exceeding the fair value of the land No 8.Defective or unusual conditions of title Unknown 9.Improper subdivision or obsolete platting Unknown 10.The existence of conditions which endanger life or property by fire and other causes Yes 11.Any combination of such factors that substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present conditions and use Yes The specific results of this analysis are as follows: 1.A substantial number of deteriorated or deteriorating structures Grand Island Council Session - 8/14/2012 Page 59 / 262 Blight Area Designation, Grand Island, Nebraska ● 7 RDG Planning & Design ● June, 2012 No. Based on visual observation all structures within the study area appear to be maintained in good condition. The age of the structures have resulted in some maintenance and safety issues in the past, including the collapse of a roof. 2.The existence of defective or inadequate street layout No. The study area is bounded on three sides by well-maintained city streets of various sizes and traffic capacities. 3.Faulty lot layout in relation to size adequacy, accessibility, or usefulness Yes. While the few lots within the study area are adequate for potential development, they may need further subdivision to accommodate a wider range of development options. 4.Insanitary or unsafe conditions Yes. Some of the areas along the southeastern boundaries of the site are being used for unsecured and unscreened storage of material and equipment. Standing water in areas of site creates habitat opportunity for nuisance animals and disease carrying insects. Figures 2, 3: Unscreened storage of equipment and materials and standing water on site. 5.Deterioration of site or other improvements Yes. Relatively recent drainage improvements appear to be defective in their purpose. Also, parking surfaces and curbs in the southern area of the site appear be degrading. Grand Island Council Session - 8/14/2012 Page 60 / 262 Blight Area Designation, Grand Island, Nebraska ● 8 RDG Planning & Design ● June, 2012 Figures 4, 5: Evidence of failing drainage improvements in the southeastern area of the study area. Figures 6, 7: Degrading conditions in parking surfaces and curbs 6.Diversity of ownership No. The study area is held under the single ownership of the United States Government. 7.Tax or special delinquency exceeding the fair value of the land No. The entirety of the study area is held by the federal government and is exempt from local and state taxation. 8.Defective or unusual conditions of title Unknown. Evaluation of this criterion requires detailed title analysis of individual properties. 9.Improper subdivision or obsolete platting Unknown. Evaluation of this criterion requires detailed title analysis of individual properties. 10.The existence of conditions which endanger life or property by fire and other causes Grand Island Council Session - 8/14/2012 Page 61 / 262 Blight Area Designation, Grand Island, Nebraska ● 9 RDG Planning & Design ● June, 2012 Yes. According to maps from the Federal Emergency Management Agency, the northwest corner and entire northern site boundary lay within the 500 year flood plain. This suggests an ongoing threat to property from water inundation and damage for structures not elevated out of the floodplain. This condition also creates drainage problems with standing water. 11.Any combination of such factors that substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use. Yes. Few structures within the study area pose environmental, economic, and potential sanitary threats in their present condition. However, environmentally, the combination of degraded areas and elements within the site, and the unscreened storage of vehicles, equipment and materials, create areas that serve to diminish the quality of the surrounding areas. Without redevelopment or rehabilitation, this site will likely continue to exert – at best – a net neutral effect on the vitality and development of Grand Island. Substandard Declaration The above findings, including the platting deficiencies, lack of streets, and storage of deteriorated materials demonstrate the existence of conditions which endanger life or property by fire and other causes and create conditions that are detrimental to the public health, safety, morals or welfare. Conclusions This study substantiates the presence of at least one of the objective criteria and one of the subjective criteria for designation as a blighted area set forth by Section 18-2103 of Nebraska Revised Statutes. Thus, the designated area is hereby determined to be eligible for a declaration of ‘blighted and substandard’, pursuant to the requirements of Section 18-2103 of Nebraska Revised Statutes. Grand Island Council Session - 8/14/2012 Page 62 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item E6 Public Hearing on Amendment to the 2011-2012 Budget Staff Contact: Jaye Monter Grand Island Council Session - 8/14/2012 Page 63 / 262 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:August 14, 2012 Subject:Consideration of Amendment #1 to FY2011-2012 Annual Budget Item #’s:E-6 & F-1 Presenter(s):Jaye Monter, Finance Director Background The City Council approved the Fiscal Year 2012 Annual Budget with Addendum #1 by Ordinance #9318 on September 13, 2011. Amendment #1 is submitted for Council approval. Discussion During Budget Year, 2012, Ordinance #9369, adopted by Council on February 28, 2012, authorized the Series 2012 Electric System Revenue Refunding Bonds and the redemption of the Series 2001 Electric System Revenue Bonds. Due to the refinancing of the Series 2001 Electric System Revenue Bonds during Fiscal Year 2012, actual expenditures for the current fiscal year will exceed budgeted expenditures unless the current fiscal year budget of expenditures is revised. The present value debt service savings was calculated at $1,248,176, based on changes of the average interest rate from 4.95% to 2.22%, maturity date from 8/15/2016 to 8/15/2022, and average annual debt service from $5,852,613 to $2,091,082. The Series 2001 Electric System Revenue Bonds were issued on June 27, 2001, in the principal amount of $51,500,000. These bonds were originally issued for the purpose of constructing two 40-megawatt combustion turbines. The refinancing of these bonds took advantage of low interest rates and, along with extending the remaining term from five years to ten years, will allow lower debt service coverage and reduce the impact of projected financing requirements for air emission control additions to the Platte Generating Station in 2014. Grand Island Council Session - 8/14/2012 Page 64 / 262 The 2012 budget allowed for a principal payment in the amount of $4,794,594; however the refunding requires the payment and therefore budget authority for the entire $25,490,000 of outstanding principal. Therefore, additional budget authority of $20,695,406 is requested. 2010 2011 2012 2012 2013 Actual Actual Budget Forecast Budget Beginning Cash Balance 28,406,448 30,106,068 29,145,347 34,704,782 26,267,276 Revenue 55,053,097 57,900,431 57,804,018 78,332,500 62,706,550 Transfers In - - - - - Total Resources Available 83,459,544 88,006,499 86,949,365 113,037,282 88,973,826 Expenditures 52,576,188 52,647,437 73,544,127 86,080,547 71,717,104 Transfers Out 777,289 654,280 580,000 689,459 595,291 Total Requirements 53,353,476 53,301,717 74,124,127 86,770,006 72,312,395 Ending Cash Balance 30,106,068 34,704,782 12,825,238 26,267,276 16,661,431 Unrestricted Cash 23,236,596 27,693,178 6,183,702 23,517,162 13,928,832 Restricted Cash 6,869,472 7,011,605 6,641,536 2,750,114 2,732,598 30,106,068 34,704,782 12,825,238 26,267,276 16,661,431 ELECTRIC UTILITY Without Budget Amendment Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the budget amendment. Recommendation City Administration recommends that the Council approve the Budget Amendment #1 to increase budget authority for the Electric Utility Fund due to the refinancing of the Series 2001 Electric Revenue Bonds. Sample Motion Move to approve the ordinance providing for Amendment #1 to the 2011-2012 Adopted Budget as recommended. Grand Island Council Session - 8/14/2012 Page 65 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item F1 #9392 - Consideration of Amendment to the 2011-2012 Budget This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Jaye Monter Grand Island Council Session - 8/14/2012 Page 66 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney ORDINANCE NO. 9392 An ordinance to amend “The Annual Appropriation Bill” of the City of Grand Island, Nebraska, to revise the budget statement pursuant to the Nebraska Budget Act for the fiscal year commencing October 1, 2011 and ending September 30, 2012; to provide for severability; 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. An amended appropriation is hereby made for the ensuing fiscal year to defray all necessary expenses and liabilities of City departments, funds, and operations. The object and purpose of the appropriation shall be to pay for any and all necessary expenses and liabilities for the following departments, funds, and operations. Total Revised Funds Appropriation Amendment #1 Appropriation General 37,300,460 0 37,300,460 Permanent Funds 0 0 0 Special Revenue 12,293,204 0 12,293,204 Debt Service 2,844,893 0 2,844,893 Capital Projects 3,244,541 0 3,244,541 Special Assessments 300,000 0 300,000 Enterprise 110,813,934 20,695,406 131,509,340 Internal Service 9,412,172 0 9,412,172 Agency 1,122,947 0 1,122,947 Trust 2,882,795 0 2,882,795 Total appropriation All Funds 180,214,946 20,695,406 200,910,352 Grand Island Council Session - 8/14/2012 Page 67 / 262 ORDINANCE NO. 9392 (Cont.) - 2 - SECTION 2. The foregoing amendment #1 as provided above shall increase the appropriation for the Enterprise Fund by $20,695,406. Such increased appropriations are necessary to provide funds to pay the outstanding principal balance of the Series 2001 Electric Department Revenue bonds in the amount of $25,490,000. SECTION 3. The foregoing appropriate amendments and expenditures will increase the previously adopted total budgeted expenditures beyond that initially adopted in the amount of $20,695,406. SECTION 4. If any section, subsection, or any other portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent, and such holding shall not affect the validity of the remaining portions thereof. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 14, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 68 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item F2 #9393 - Consideration of Suburban Water Rates Staff Contact: Tim Luchsinger, Robert Sivick Grand Island Council Session - 8/14/2012 Page 69 / 262 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Robert Sivick, City Attorney Meeting:August 14, 2012 Subject: Ordinance #9393 - Consideration of Suburban Water Rates Item #’s:F-2 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department presently provides water service to 71 customers outside of the City’s corporate limits, primarily residential, with an anticipated 170 to be added by the end of this year as water mains are installed in the Merrick County area as a result of a groundwater remediation project by the Union Pacific. The current Water Rate Schedule is applicable to all water utility customers regardless of their location. Council has indicated some interest in applying an additional charge to those customers who are outside of the City’s corporate limits. Department staff evaluated the current rate structure and comments from Council at the July 31, 2012 Study Session, and propose revised rates as follows. Discussion The current rate schedule is a declining rate structure in which a minimum monthly charge is established and additional water usage is charged with rates that decrease as quantities increase. The proposed rate schedule adds a classification for customers outside of the City’s corporate limits that maintains the same minimum monthly charge, but increases the additional water usage rates by 20%. The evaluated average monthly impact to current suburban customers is less than $1.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 8/14/2012 Page 70 / 262 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 Sample Motion Move to approve Ordinance #9393. Grand Island Council Session - 8/14/2012 Page 71 / 262 ORDINANCE NO. 9393 An ordinance to amend Chapter 35 of the Grand Island City Code specifically, to amend Section 35-30 pertaining to water rates; to repeal Sections 35-30 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 35-30 of the Grand Island City Code is hereby amended to read as follows: §35-30. Schedule of Rates The rate to be charged for water furnished shall be as follows: §35-30. Schedule of Rates The rate to be charged for water furnished shall be as follows: SCHEDULE OF RATES: WITHIN CITY The rate to be charged for water furnished within the corporate limits of the City shall be as follows: Monthly Billings Cubic feet per month Rate per 100 cubic feet First 500…………………………………...$1.496 Next 500…………………………………..0.700 Next 500…………………………………..0.692 Next 2,500………………………………...0.767 Next 6,000………………………………...0.713 Next 90,000……………………………….0.654 Next 100,000……………………………...0.574 Over 200,000……………………………..0.535 Monthly Minimum (500 cu.ft.)…………..7.480* SCHEDULE OF RATES: OUTSIDE CITY The rate to be charged for water furnished outside and beyond the corporate limits of the City shall be as follows: Grand Island Council Session - 8/14/2012 Page 72 / 262 Monthly Billings Cubic feet per month Rate per 100 cubic feet First 500…………………………………...$1.496 Next 500…………………………………..0.840 Next 500…………………………………..0.830 Next 2,500………………………………...0.920 Next 6,000………………………………...0.856 Next 90,000……………………………….0.785 Next 100,000……………………………...0.689 Over 200,000……………………………..0.642 Monthly Minimum (500 cu.ft.)…………..7.480* *Plus a customer charge of $0.35 per month for unfunded federal mandates for the Clean Water Act and the City’s backflow program, in addition to the regular rates charged for water furnished to the customer. Amended by Ordinance No. 8935, effective 10-1-2004 Amended by Ordinance No. 8987, effective 7-27-2005 Amended by Ordinance No. 9181, effective 10-1-2008 Amended by Ordinance No. 9371, effective 04-1-2012 Amended by Ordinance No. 9393, effective 08-2-2012 Amended by Ordinance In addition to consumption, a monthly fee would be charged according to the meter size supplying water to the property: Meter Size Monthly Fee <= 1”$2.50 1 ½”$8.00 2”$22.50 3”$40.00 4”$55.00 6”$225.00 8”$1,250.00 10”$4,000.00 SECTION 2.Section 35-30 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 is ordinance shall be in force and take effect September 1, 2012. Enacted: August 14, 2012. Grand Island Council Session - 8/14/2012 Page 73 / 262 Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Grand Island Council Session - 8/14/2012 Page 74 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G1 Approving Appointment of Councilmember Vaughn Minton to the Community Redevelopment Authority (CRA) Board Mayor Vavricek has submitted the appointment of Councilmember Vaughn Minton to the Community Redevelopment Authroity (CRA) Board to replace the appointment of Councilmember Randy Gard. The appointment would become effective immediately upon approval by the City Council and would expire on December 31, 2012. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 8/14/2012 Page 75 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G2 Approving Request of Fonner Park Exposition and Events Center, Inc. (Heartland Events Center) for Ratification of Nomination and Election of Board of Directors At the December 21, 1998 City Council Meeting, Resolution #98-332 was adopted supporting the application of Fonner Park to the Internal Revenue Service for a 501(c)(3) exemption for construction and operation of an Exposition and Events Center. This approval created the formation of the Fonner Park Exposition and Events Center, Inc. The Internal Revenue Service requires the election of the members of the Board of Directors of Fonner Park Exposition and Events Center, Inc. be ratified by the Grand Island City Council. The appointments of Jim Cannon, Steve Dowding, Barry Sandstrom, Roger Luebbe, and Ed Armstrong to the Board of Directors for the Fonner Park Exposition and Events Center, Inc. are recommended. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 8/14/2012 Page 76 / 262 Grand Island Council Session - 8/14/2012 Page 77 / 262 Grand Island Council Session - 8/14/2012 Page 78 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G3 Approving Liquor Manager Designations for Brian Fausch, 1404 Meadow Road for Pump & Pantry’s #2, #3, #6, #8, #10, #11, #15, #42, #43, and #44 in Grand Island, NE Staff Contact: RaNae Edwards Grand Island Council Session - 8/14/2012 Page 79 / 262 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:August 14, 2012 Subject:Request from Brian Fausch, 1404 Meadow Road for Liquor Manager Designations for the Pump & Pantry’s (10) Locations in Grand Island Item #’s:G-3 Presenter(s):RaNae Edwards, City Clerk Background Brian Fausch, 1404 Meadow Road has submitted applications with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the following Liquor Licenses for the Pump & Pantry’s: Pump & Pantry #2, 821 South Webb Road B-13150 Pump & Pantry #3, 2511 North Diers Avenue B-13151 Pump & Pantry #6, 3355 West Stolley Park Road B-13152 Pump & Pantry #8, 2028 North Broadwell Avenue B-13153 Pump & Pantry #10, 3212 South Locust Street B-13154 Pump & Pantry #11, 704 West 2nd Street B-13155 Pump & Pantry #15, 2028 East Highway 30 B-16782 Pump & Pantry #42, 1235 Allen Drive B-83476 Pump & Pantry #43, 1222 South Locust Street B-96501 Pump & Pantry #44, 1309 Diers Avenue B-96502 These applications have been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Grand Island Council Session - 8/14/2012 Page 80 / 262 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. Recommendation City Administration recommends that the Council approve the requests for Liquor Manager Designation. Sample Motion Move to approve the requests from Brian Fausch, 1404 Meadow Road for Liquor Manager Designations in conjunction with the above named Liquor Licenses for the Pump & Pantry’s in Grand Island with the stipulation that Mr. Fausch complete a state approved alcohol server/seller training program. Grand Island Council Session - 8/14/2012 Page 81 / 262 08/09/12 Grand Island Police Department 450 14:36 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 08:00:00 07/24/2012 Date disposition declared : 07/27/2012 Incident number : L12073982 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 3123 Stolley Park Rd W State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 26523 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------------- NM 43709 08/06/12 Fausch, Brian T Liquor Manager NM 66141 08/06/12 Fausch, Lori Spouse NM 43752 07/27/12 Pump & Pantry; #2, Business Involved NM 49962 07/27/12 Pump & Pantry; #11, Business Involved NM 51767 07/27/12 Pump & Pantry; #15, Business Involved NM 54422 07/27/12 Pump & Pantry; #8, Business Involved NM 55236 07/27/12 Pump & Pantry; #10, Business Involved NM 59519 07/27/12 Pump & Pantry; #3, Business Involved NM 60231 07/27/12 Pump & Pantry #6, Business Involved NM 140180 07/27/12 Pump & Pantry; #42, Business Involved NM 170547 07/27/12 Pump & Pantry Express, Business Involved NM 171097 07/27/12 Pump & Pantry # 44, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT07 Convenience Store LAW INCIDENT NARRATIVE: 08/09/12 Grand Island Police Department 450 14:36 LAW INCIDENT TABLE Page: 2 I Received a Copy of a Liquor Manager Application from Brian Fausch for Pump & Pantry Stores # 2,3,6,8,10,11,15,42,43,44. LAW INCIDENT OFFENSES DETAIL: Grand Island Council Session - 8/14/2012 Page 82 / 262 Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 14:06:55 08/06/2012 08/09/12 Grand Island Police Department 450 14:36 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Mon Aug 06 14:07:08 CDT 2012 Reporting Officer: Vitera Unit- CID I received a copy of a liquor manager application from Brian Fausch for all of the Pump & Pantry stores within the city limits of Grand Island. From reviewing the application, I learned that Brian is married to Lori Fausch, and they have lived in Grand Island for eight of the last ten years. They lived in Gretna for two years. On the application, it clearly asks "Has anyone who is a party to this application, or their spouse, ever been convicted of or plead guilty to any charge. Charge means any charge alleging a felony, misdemeanor, violation Grand Island Council Session - 8/14/2012 Page 83 / 262 of a federal or state law, a violation of a local law, ordinance or resolution." It further asks that the applicant, "List the nature of the charge, where the charge occurred and the year and the month of the conviction or plea. Also list any charges pending at the time of this application. If more than one party, please list charges by each individual's name." Brian disclosed a DUI conviction from 1992. Lori didn't disclose any convictions, and she signed a Spousal Affidavit of Non Participation. I checked on the Fausch's in Spillman and NCJIS. Spillman shows a possible speeding conviction for Brian and a DUI arrest for Lori. NCJIS shows that Brian has five speeding convictions, a seat belt conviction, a disturbing the peace conviction, and an open container conviction. Lori has a DUI conviction and a speeding conviction. Brian and Lori's failure to disclose their convictions technically makes the applications false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) which states: "No applicant for a liquor license, or partner, principal, agent or employee of any applicant for a liquor license shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, or employees. Any violation of this provision may result in denial of application for a liquor license or, in the event that a license has already been issued, suspension, cancellation or revocation of such license." The undisclosed convictions would fall under state law or local ordinance. Either way, the convictions are either an infraction or a misdemeanor that do not rise to the level of a Class I Misdemeanor in a specified crime under Nebraska State Statute Chapter 28 that would automatically nullify the application. I continued to attempt to find additional information on Brian and Lori by checking some online resources. I found a face book page for Lori, but there wasn't much public information on it. Online information indicates that Brian is the Chief Operations Officer in the front office for the Danger football team and a Vice President in the Bosselman Travel Center. I also checked a law enforcement-only online database and didn't find anything disturbing about the Fausch's. Neither one of them have any outstanding warrants, and they each have 08/09/12 Grand Island Police Department 450 14:36 LAW INCIDENT TABLE Page: 4 a valid Nebraska driver's license. While the Fausch's (especially Brian) should have disclosed all of their convictions, none of the convictions will preclude Brian from becoming a liquor manager. Brian's last conviction in Nebraska was over six years ago. In addition, Lori signed a Spousal Affidavit of Non Participation. The Grand Island Police Department will not object to Brian Fausch becoming the liquor manager for the Pump & Pantry stores within the city limits of Grand Island. Grand Island Council Session - 8/14/2012 Page 84 / 262 Grand Island Council Session - 8/14/2012 Page 85 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G4 #2012-199 - Approving Acquisition of Utility Easement - 2302 Gateway Avenue - Slack & Shoemaker This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/14/2012 Page 86 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-199 WHEREAS, a public utility easement is required by the City of Grand Island, from Jimmy R. Slack and Suzanne M. Shoemaker, 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 August 14, 2012, for the purpose of discussing the proposed acquisition of an easement ten feet in width, which is located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The northerly ten (10.0) feet of Lot Three (3), Block Two (2), Le Heights Second Subdivision. The above-described easement and right-of-way containing 0.047 acres, more or less, as shown on the plat dated 7/19/2012, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Jimmy R. Slack and Suzanne M. Shoemaker, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 87 / 262 Grand Island Council Session - 8/14/2012 Page 88 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G5 #2012-200 - Approving Acquisition of Utility Easement - East Side of Hwy. 30, North of Reuting Road - EXETER 12153 DE, LLC Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/14/2012 Page 89 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-200 WHEREAS, a public utility easement is required by the City of Grand Island, from EXETER 12153 DE LLC, 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 August 14, 2012, for the purpose of discussing the proposed acquisition of an easement twenty feet in width, the centerline of which is located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The westerly ten (10.0) feet of the easterly twenty (20.0) feet of the southerly one hundred sixty five (165.0) feet of Lot One (1), N & J Subdivision. The above-described easement and right-of-way containing 0.038 acres, more or less, as shown on the plat dated 8/2/2012, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from EXETER 12153 DE, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 90 / 262 Grand Island Council Session - 8/14/2012 Page 91 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G6 #2012-201 - Approving Amendment to the Interconnection Agreement with Nebraska Public Power District (NPPD) Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/14/2012 Page 92 / 262 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:August 14, 2012 Subject:Approving Amendment No. 1 to the Amended and Restated Electric Interconnection Agreement Item #’s:G-6 Presenter(s):Tim Luchsinger, Utilities Director Background In 1981, the City of Grand Island entered into a formal agreement with Nebraska Public Power District (NPPD) known as the Electric Interconnection and Interchange Agreement. This agreement established the roles and responsibilities for each party due to the interconnections that existed between the two entities. Until 2009, the City of Grand Island and NPPD were both part of the Mid-Continent Area Power Pool (MAPP). MAPP was an organized pool of utilities that provided backup generation for each other during unplanned generator outages. MAPP required each utility to participate in various joint planning efforts that ensured adequate generation and transmission existed within the MAPP footprint. In 2002, the City of Grand Island entered into the Joint Reporting Agreement with NPPD to formally establish the various responsibilities between each party for participation in these joint planning efforts. In 2009, all Nebraska utilities switched to the Southwest Power Pool (SPP). This transition essentially eliminated MAPP’s role in the joint planning process. In 2011, the Amended and Restated Electric Interconnection Agreement was signed to replace the original and obsolete 1981 agreement. Since the 2002 Joint Reporting Agreement was written around MAPP requirements, the transition to SPP made the agreement obsolete. Discussion In an effort to eliminate unnecessary agreements and ensure procedures are kept up to date, NPPD is proposing the attached amendment to the 2011 Amended and Restated Electric Interconnection Agreement. The amendment establishes the terms for billing labor associated with joint planning efforts now under the SPP process. It also terminates the 2002 Joint Reporting Agreement since it is obsolete. Grand Island Council Session - 8/14/2012 Page 93 / 262 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 a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment No.1 to the Amended and Restated Electric Interconnection Agreement. Sample Motion Move to approve Amendment No.1 to the Amended and Restated Electric Interconnection Agreement. Grand Island Council Session - 8/14/2012 Page 94 / 262 -1- 062812/jlb AMENDMENT NO. 1 to ELECTRIC INTERCONNECTION AND INTERCHANGE AGREEMENT between NEBRASKA PUBLIC POWER DISTRICT and CITY OF GRAND ISLAND, NEBRASKA This Amendment No. 1 to the Electric Interconnection and Interchange Agreement between Nebraska Public Power District and City of Grand Island, Nebraska, effective April 18, 2011 as it may be amended is entered into effective this ______ day of ___________, 2012, by and between Nebraska Public Power District, Columbus, Nebraska, a public corporation and political subdivision of the State of Nebraska (NPPD); and the City of Grand Island, Nebraska, a municipal corporation and political subdivision of the State of Nebraska (City), NPPD and City being sometimes hereinafter referred to individually as "Party" or collectively as "Parties." WITNESSETH WHEREAS, the Parties entered into the Amended and Restated Electric Interconnection and Interchange Agreement effective as of April 18, 2011, which provides for continued benefits of reliability and economy through interconnection of the respective transmission systems, and WHEREAS, the Parties desire to amend this Agreement by adding an Article to address superseded and/or termination of previous agreements and to clarify billing rates for all future services provided by NPPD. NOW, THEREFORE, it is mutually agreed as follows: (1) The following last sentence in paragraph 5.12 of Article 5 shall be removed: City shall be responsible to pay NPPD for its applicable share of costs incurred by NPPD to perform work associated with joint planning efforts. and replaced with; City shall be responsible to pay NPPD for its applicable share of costs incurred by NPPD to perform work associated with joint planning efforts in accordance with Article 7.3. Grand Island Council Session - 8/14/2012 Page 95 / 262 -2- 062812/jlb (2) The following new Article 7.3 shall be added; 7.3 Services provided by one Party to the other Party shall be billed at the billing Party’s then current standard charge rate. (3) The language below from the current Article 7.3 shall remain the same and the Article re-numbered to 7.4, and state; 7.3 7.4 If a Party desires to dispute all or any part of the charges submitted by the other Party pursuant to this Agreement, the disputing Party shall nevertheless pay the full amount of the charges when due and give a written notice to the other Party within sixty (60) days from the date the billing is rendered, which notice shall fully describe the basis for the dispute and set forth a detailed statement of the disputed issue(s), the amount in dispute and the relief sought; provided, however, if the basis for such dispute could not have been discovered by reasonable diligence within said sixty (60) days, any such notice shall be given, if at all, within sixty (60) days of the date of such discovery or within eighteen (18) months from the date the billing is rendered, whichever occurs first. The disputing Party will not be entitled to any adjustment on account of any disputed charges not brought to the other Party's attention within the time and in the manner herein specified. If resolution of the dispute results in a refund to the disputing Party, an amount of interest shall be added to the refund. Such interest shall accrue and be compounded daily on the amount to be refunded, beginning from (i) the date of payment of the disputed amount or (ii) receipt of the notice of dispute, whichever is later, and ending on the date the refund is made, using for each day the lowest United States prime rate of interest published on that day (or the last previous publication day if not published on that day) in the money rates section of the Wall Street Journal. Each such daily interest calculation shall be on the basis of actual days and a three hundred sixty- five-day (365-day) calendar year. (4) The following new Article 18 shall be added in its entirety: ARTICLE 18 ENTIRE AGREEMENT 18.1 This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof. All prior related agreements, representations, statements, and negotiations pertaining to this Agreement are hereby superseded, and the Parties Joint Reporting Agreement dated June 1, 2002 shall be terminated effective on the date of Amendment No. 1. Grand Island Council Session - 8/14/2012 Page 96 / 262 -3- 062812/jlb Except as herein amended, all terms and conditions of the Amended and Restated Electric Interconnect and Interchange Agreement dated April 18, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, each of the Parties hereto has caused this Amendment No. 1 to be executed and delivered by its duly authorized officers or representatives as of the dates indicated below. NEBRASKA PUBLIC POWER DISTRICT CITY OF GRAND ISLAND, NEBRASKA By: ________________________________ By: _________________________________ Printed Name: _______________________ Printed Name: ________________________ Title: _______________________________ Title: ________________________________ Date: _______________________________ Date: _______________________________ Grand Island Council Session - 8/14/2012 Page 97 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-201 WHEREAS, in 1981, the City of Grand Island entered into a formal agreement with the Nebraska Public Power District (NPPD) known as the Electric Interconnection and Interchange Agreement; and WHEREAS, until 2009, the City of Grand Island and NPPD were both part of the Mid-Continent Area Power Pool (MAPP), and MAPP required each utility to participate in various joint planning efforts that ensured adequate generation and transmission existed within the MAPP footprint; and WHEREAS, in 2009, all Nebraska utilities switched to the Southwest Power Pool (SPP), and eliminated MAPP’s role in the joint planning process; and WHEREAS, in 2011, the Amended and Restated Electric Interconnection Agreement was signed to replace the original and obsolete 1981 agreement; and WHEREAS, in an effort to eliminate unnecessary agreements and ensure procedures are kept up to date, NPPD has proposed Amendment No. 1 to the 2011 Amended and Restated Electric Interconnection Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, Amendment No. 1 to the Amended and Restated Electric Interconnection Agreement with NPPD is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 98 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G7 #2012-202 - Approving Access Agreement with Union Pacific Railroad - 1219 W. North Front Street Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/14/2012 Page 99 / 262 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:August 14, 2012 Subject: Approving Access Agreement with Union Pacific Railroad at 1219 W. North Front Street (Thompson Bldg.) Item #’s:G-7 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department owns the building, previously been referred to as the Thompson Building, at 1219 W. North Front Street. The Department’s Underground Division uses the building as a base of operations and storage for equipment, vehicles and materials. The areas south and east of the building have been used in the past as bulk oil and chemical storage since 1924. The area was contaminated and is currently being cleaned up since September of 2001 by the Union Pacific Railroad with the assistance of the EPA. The site is designated by the EPA as part of the Cleburn Well Superfund site. Discussion The UPRR remediation contractor is requesting access to the building to bore monitoring holes to evaluate remediation progress. The drilling will be done during normal working hours, and will be paid for by the Union Pacific Railroad. The attached agreement allows UPRR access to the building for their drillings operations. 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 Grand Island Council Session - 8/14/2012 Page 100 / 262 Recommendation City Administration recommends that the Council approve the Access Agreement with the Union Pacific Railroad to allow monitoring wells to be drilled on the City’s property at 1219 W. North Front Street. Sample Motion Move to approve the Access Agreement with the Union Pacific Railroad to allow monitoring wells to be drilled on the City’s property at 1219 W. North Front Street. Grand Island Council Session - 8/14/2012 Page 101 / 262 Grand Island Council Session - 8/14/2012 Page 102 / 262 Grand Island Council Session - 8/14/2012 Page 103 / 262 Grand Island Council Session - 8/14/2012 Page 104 / 262 Grand Island Council Session - 8/14/2012 Page 105 / 262 Grand Island Council Session - 8/14/2012 Page 106 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-202 WHEREAS, the City of Grand Island owns the building at 1219 W. North Front Street; and WHEREAS, the areas south and east of the building have been used in the past as bulk oil and chemical storage since 1924; and WHEREAS, the area that was contaminated is currently being cleaned up by the Union Pacific Railroad with the assistance of the Environmental Protection Agency (EPA); and WHEREAS, the clean-up crew is requesting access to the building to bore monitoring holes to determine if the clean-up efforts are working. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Access Agreement between the City of Grand Island and the Union Pacific Railroad is hereby approved, and that the Mayor is authorized to sign the agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland Acting City Clerk Grand Island Council Session - 8/14/2012 Page 107 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G8 #2012-203 - Approving Bid Award for Liquid Ortho- Polyphosphate for Corrosion Control Staff Contact: Tim Luchsinger Grand Island Council Session - 8/14/2012 Page 108 / 262 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Jason Eley, City Attorney Meeting Date:August 14, 2012 Subject: Purchase of Liquid Ortho-Polyphosphate for Corrosion Control Item #’s:G-8 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The City was issued an Administrative Order by the Nebraska Health and Human Services on March 24, 1998, requiring compliance with the Lead and Copper Rule. Because City water was corrosive enough to leach copper from household plumbing and fixtures in excess of EPA limits, the order required the preparation of an Optimum Corrosion Control Treatment program (OCCT). The OCCT program includes the addition of liquid ortho-polyphosphate solution to the source water to reduce the corrosiveness of the naturally occurring source water. The addition was implemented in May, 2003. Subsequent testing of the water system indicates that the goal of reducing corrosiveness, and thus copper levels, to comply with the regulatory order has been achieved. Discussion The Utilities Department solicits bids annually for the treatment solution. The current contract to provide the additive for this year is completed. Therefore, specifications for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control for another year were prepared and issued for bid. The specifications require a firm price for the product to maintain the guaranteed dose rate. Bids were publicly opened on July 24, 2012. Four bids were received as listed below. The bids were evaluated based upon the total cost to treat 4.5 billion gallons of water (a high estimate of annual treatment needed). The engineer’s estimate for this project was $175,000.00. Grand Island Council Session - 8/14/2012 Page 109 / 262 Bidder Unit Price/gal Price/mil gal Annual cost Carus Phosphates, Inc.$ 4.93 $19.72 $ 88,740.00 Thatcher Company of Montana $ 5.18 $20.72 $ 93,218.40 Pristine Water Solutions $ 5.44 $21.78 $ 97,992.00 Shannon Chemical Corporation $ 5.61 $22.44 $100,980.00 Department staff has reviewed the bids for compliance with the City’s detailed specifications. The products proposed by the suppliers are similar in chemical composition, as well as with another product successfully used in the past. The current dosage rate has been approved as part of the OCCT and has proven to achieve compliance with State Health Department regulations. Based on using the same dosage rates, the current supplier, Carus Phosphates, is recommended as the low evaluated bidder. 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 purchase of Liquid Ortho-Polyphosphate for Corrosion Control be awarded to Carus Phosphates, Inc., of Peru, Illinois, as the low responsive bidder, for a not-to-exceed price of $19.72 per million gallons of water treated; an annual amount estimate of $88,740.00. The actual annual amount will depend on City water usage. Sample Motion Motion to approve award for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control in the amount of $19.72 per million gallons of treated water, to Carus Phosphates, Inc., of Peru, Illinois. Grand Island Council Session - 8/14/2012 Page 110 / 262 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:July 24, 2012 at 2:00 p.m. FOR:Liquid Ortho-Polyphosphate for Corrosion Control DEPARTMENT:Utilities ESTIMATE:$175,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:July 10, 2012 NO. POTENTIAL BIDDERS: 9 SUMMARY Bidder:Pristine Water Solutions Shannon Chemical Corporation Waukegan, IL Malvern, PA Bid Security:Official Check Official Check Exceptions:None None Unit Price:$5.444 $5.61 Cost of Treatment:$21.776 $22.44 Total Project Cost:$97,992.00 $100,980.00 Bidder:Carus Chemical Company Thatcher Company of Montana Peru, IL Salt Lake City, UT Bid Security:International Fidelity Ins. Co.Cashier’s Check Exceptions:None None Unit Price:$4.93 $5.1788 Cost of Treatment:$19.72 $20.7152 Total Project Cost:$88,740.00 $93,218.40 cc:Tim Luchsinger, Utilities Director Karen Nagel, Utilities Secretary Jason Eley, Purchasing Agent Emily Muth, Reg/Environmental Manger P1575 Grand Island Council Session - 8/14/2012 Page 111 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-203 WHEREAS, the City Water Department invited sealed bids for Liquid Ortho- Polyphosphate for Corrosion Control; and WHEREAS, on July 24, 2012, bids were received, opened and reviewed; and WHEREAS, Carus Phosphates, Inc., of Peru, 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, for a not to exceed price or $19.72 per million gallons of water treated, at an annual amount estimated at $88,740.00 (the actual annual amount will depend on City water usage); and WHEREAS, the bid of Carus Phosphates, Inc., is less than the estimate for Liquid Ortho-Polyphosphate for Corrosion Control. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Carus Phosphates, Inc., of Peru, Illinois, for a not to exceed price of $19.72 per million gallons of water treated, in an annual amount estimated at $88,740.00, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 112 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G9 #2012-204 - Approving Bid Award - Water Main Districts 464 & 465 - Wildwood Subdivision Staff Contact: Tim Luchsinger, Jason Eley Grand Island Council Session - 8/14/2012 Page 113 / 262 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Jason Eley, City Attorney Meeting:August 14, 2012 Subject: Approving Bid Award – Water Main Districts 464 & 465 Wildwood Subdivision Item #’s:G-9 Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main District 464 and District 465 were created at the request of area property owners to provide municipal water service to their properties within the Wildwood Subdivision located at the southwest corner of Wildwood Drive and Highway 281. Two separate districts were created to allow the property owners within the area to decide if they wanted City water service. The proposed project will install a 16” diameter water main in Antelope Drive, a 12” main in Wildwood Drive, and 8” mains in Elk and Cougar Drives. The eligible construction costs will be charged to the property owners within the district’s boundaries. Attached is a map of the area indicating the boundaries of each District. Discussion Both districts passed the protest period and the contract documents for the joint project were prepared and advertised in accordance with City Procurement Codes. Eight construction companies received copies of the documents and three firms submitted bids as follows. The engineer’s estimate for this bid is $390,000. Bidder Bid Price Diamond Engineering Company $350,547.94 K2 Construction $493,062.18 General Excavating $493,893.25 Grand Island Council Session - 8/14/2012 Page 114 / 262 The bids were reviewed by Department engineering staff and all bids were compliant with the specifications with the exception an incorrect pipe quantity on the bid from K2 Construction. Using unit pricing included in their bid, an adjustment of $480.48 revises their total bid to $493,542.66. A copy of the evaluated pricing from the three firms is attached. The revised amount does not change the ranking of the bids. The Diamond Engineering Company, of Grand Island is recommended by the Department as the low bidder at $350,547.94. 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 award the contract for Water Main District 464 and 465, Wildwood Subdivision, to the low responsive bidder, the Diamond Engineering Company of Grand Island, Nebraska, in the amount of $350,547.94. Sample Motion Move to award to bid for Water Main Districts 464 and 465 (Wildwood Subdivision) to The Diamond Engineering Company, of Grand Island, Nebraska, in the amount of $350,547.94. Grand Island Council Session - 8/14/2012 Page 115 / 262 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:July 26, 2012 at 2:00 p.m. FOR:Water Main Districts 464 & 465 (Wildwood Subdivision) DEPARTMENT:Utilities ESTIMATE:$390,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:July 6, 2012 NO. POTENTIAL BIDDERS:8 SUMMARY Bidder:Diamond Engineering Co.K2 Construction Grand Island, NE Lincoln, NE Bid Security:Universal Surety Co.Western Surety Co. Exceptions:None None Bid Price:$350,547.94 $493,062.18 Bidder:General Excavating Lincoln, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price:$493,893.25 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Tom Barnes, Engineering Manager P1570 Grand Island Council Session - 8/14/2012 Page 116 / 262 Grand Island Council Session - 8/14/2012 Page 117 / 262 WATER MAIN DISTRICTS 464 AND 465Bids: 7/26/2012Wildwood Subdivision; Antelope Dr, Elk Dr, and Cougar Dr.Diamond Engineering Co. K2 Construction General ExcavatingEstimated Bid Bid BidItem Description Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total PriceD. 1.01 16" D.I. Pipe (R.J.) 823.10 l.f. $126.00 $103,710.60 $180.17 $148,297.93 $173.88 $143,120.63D. 1.02 12" D.I. Pipe (R.J.) 770.00 l.f. $84.00 $64,680.00 $110.43 $85,031.10 $116.73 $89,882.10D. 1.03 8" D.I. Pipe (R.J.) 1,601.60 l.f. $61.00 $97,697.60 $80.49$128,912.78$87.66 $140,396.26D. 1.04 16"X16"x8" Tee (M.J.) 1.00 ea. $788.00 $788.00 $1,060.40 $1,060.40 $686.99 $686.99D. 1.05 16"X16"X6" Tee (M.J.) 2.00 ea. $748.00 $1,496.00 $1,027.91 $2,055.82 $655.31 $1,310.62D. 1.06 16" Plug (M.J.) 1.00 ea. $387.00 $387.00 $423.16 $423.16 $307.38 $307.38D. 1.07 16" Sleeve Coupling 3.00 ea. $597.00 $1,791.00 $782.47 $2,347.41 $552.48 $1,657.44D. 1.08 16" Butterfly Valve 1.00 ea. $3,021.00 $3,021.00 $3,216.96 $3,216.96 $2,990.00 $2,990.00D. 1.09 12"X12"X8" Tee (M.J.) 1.00 ea. $458.00 $458.00 $415.84 $415.84 $468.00 $468.00D. 1.10 12"X12"X6" Tee (M.J.) 2.00 ea. $422.00 $844.00 $386.78 $773.56 $439.66 $879.32D. 1.11 12"X45° Ell (M.J.) 2.00 ea. $375.00 $750.00 $349.16 $698.32 $303.48 $606.96D. 1.12 12" Cap (M.J.) W/2" Tap 1.00 ea. $273.00 $273.00 $238.77 $238.77 $213.50 $213.50D. 1.13 12" Retainer Gland 1.00 ea. $163.00 $163.00 $211.50 $211.50 $119.47 $119.47D. 1.14 12" R.S. Gate Valve 1.00 ea. $2,370.00 $2,370.00 $2,308.82 $2,308.82 $1,941.50 $1,941.50D. 1.15 8"X8"X6" Tee (M.J.) 3.00 ea. $308.80 $926.40 $248.80 $746.40 $506.30 $1,518.90D. 1.16 8"X90° Ell (M.J.) 1.00 ea. $255.00 $255.00 $211.75 $211.75 $220.66 $220.66D. 1.17 8" R.S. Gate Valve 3.00 ea. $1,285.00 $3,855.00 $1,382.91 $4,148.73 $1,039.00 $3,117.00D. 1.18 Valve Box 5.00 ea. $160.00 $800.00 $429.98 $2,149.90 $128.00 $640.00D. 1.19 1.5" Copper Service Complete 13.00 ea. $1,850.00 $24,050.00 $1,365.40 $17,750.20 $2,912.43 $37,861.59D. 1.20 Fire Hydrant Assembly Complete 7.00 ea. $1,765.00 $12,355.00 $3,674.50 $25,721.50 $3,220.00 $22,540.00D. 1.21 Thrust Block 13.00 ea. $372.00 $4,836.00 $180.75 $2,349.75 $220.00 $2,860.00D. 1.22 Bell Block 1.00 ea. $570.00 $570.00 $180.75 $180.75 $548.00 $548.00D. 1.23 8 mil Polywrap 3,194.70 l.f. $1.90 $6,069.93 $1.24 $3,961.43 $1.60 $5,111.52D. 1.24 Remove Asph./Conc. Roadway 177.80 s.y. $8.70 $1,546.86 $14.00 $2,489.20 $11.00 $1,955.80D. 1.25 Replace Concrete Roadway 81.30 s.y. $41.00 $3,333.30 $60.91 $4,951.98 $100.00 $8,130.00D. 1.26 Remove Asph./Conc. Driveway 79.50 s.y. $9.50 $755.25 $14.00 $1,113.00 $10.00 $795.00D. 1.27 Replace Asph./Conc. Driveway 46.20 s.y. $42.00 $1,940.40 $60.91 $2,814.04 $100.00 $4,620.00D. 1.28 Remove Grave Driveway 55.20 s.y. $2.50 $138.00 $7.00 $386.40 $1.00 $55.20D. 1.29 Replace Gravel Driveway 7.80 tn $27.00 $210.60 $34.50 $269.10 $24.18 $188.60D. 1.30 Temporary Resurfacing 129.80 s.y. $26.00 $3,374.80 $18.46 $2,396.11 $15.95 $2,070.31D. 1.31 Remove and Salvage 16" Cap W/Retainer Gland 1.00 ea. $280.00 $280.00 $210.00 $210.00 $199.00 $199.00D. 1.32 Remove and Salvage 12" Plug 1.00 ea. $280.00 $280.00 $175.00 $175.00 $99.50 $99.50D. 1.33 Bollard 3.00 ea. $287.00 $861.00 $1,198.35 $3,595.05 $499.00 $1,497.00D. 1.34 Seeding 0.35 Ac $6,232.00 $2,181.20 $3,942.86 $1,380.00 $5,400.00 $1,890.00D. 1.35 Dewatering 300.00 lf $10.00 $3,000.00 $98.75 $29,625.00 $34.65 $10,395.00D. 1.36 Temporary Traffic Control Lump Sum $500.00 $500.00 $10,925.00 $10,925.00 $3,000.00 $3,000.00Evaluated Bid Amount$350,547.94$493,542.66$493,893.25"as read" Bid Amount $350,547.94 $493,062.18 $493,893.25Grand IslandCouncil Session - 8/14/2012Page 118 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-204 WHEREAS, the City of Grand Island invited sealed bids for Water Main District 464 and 465 in the Wildwood Subdivision, according to plans and specifications on file with the Utilities Department; and WHEREAS, on July 26, 2012, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company, of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $350,547.94; and WHEREAS, the bid of The Diamond Engineering Company is less than the estimate for Water Main District 464 and 465. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company, in the amount of $350,547.94, for the construction of Water Main Districts 464 and 465 in the Wildwood Subdivision, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 119 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G10 #2012-205 - Approving Bid Award - Vacuum, Blast Cleaning and High Pressure Wash - Fall Outage, 2012 at Platte Generating Station Staff Contact: Tim Luchsinger, Jason Eley Grand Island Council Session - 8/14/2012 Page 120 / 262 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Jason Eley, City Attorney Meeting Date:August 14, 2012 Subject: Vacuum, Blast Cleaning and High Pressure Wash – Fall Outage 2012 Item #’s:G-10 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The electrostatic precipitator at the Platte Generating Station is the air quality control equipment used to remove coal ash particulates from the plant’s boiler flue gas stream. Proper performance of this equipment is required as part of the plant’s operating permit. Due to volume and characteristics of the coal ash, the precipitator must be grit blasted twice a year to remove ash build-up to allow the plant to remain below permitted emission levels. In addition to maintaining performance, removal of the ash deposits also allows an inspection of the precipitator internal surfaces and components. The next outage is scheduled for September of this year. Specifications were developed by the plant maintenance staff to include grit blasting of the electrostatic precipitator, bulk vacuuming of the associated ductwork and hoppers and high pressure water wash of the Air Heater and bottom ash system. Sections of Superheat and Reheat boiler tubing showing past signs of ash accumulation will also be cleaned and vacuumed under this contract during this outage. Discussion The specifications for the Vacuum, Blast Cleaning and High Pressure Wash-Fall Outage 2012 were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on August 7, 2012. Specifications were sent to four potential bidders and responses were received as listed below. The base engineer’s estimate for this project was $100,000.00. Grand Island Council Session - 8/14/2012 Page 121 / 262 Bidder Base Bid Tax Total Bid Meylan Enterprises, Inc. Omaha, NE $ 94,819.90 $ 7,136.98 $ 101,956.88 W-S Industrial Services, Inc. Council Bluffs, IA $ 135,404.00 $ 9,478.52 $ 144,882.52 Both bidders listed no exceptions to the specification. The bid from Meylan Enterprises, Inc. is compliant with specifications and the base bid is within the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council award the contract for Vacuum, Blast Cleaning and High Pressure Wash - Fall Outage, 2012, to Meylan Enterprises, Inc., of Omaha, Nebraska, as the low responsive bidder, with the total bid price (including taxes), of $101,956.88. Sample Motion Motion to approve the bid (including taxes) of $101,956.88, from Meylan Enterprises, Inc., for the Vacuum, Blast Cleaning and High Pressure Wash - Fall Outage, 2012. Grand Island Council Session - 8/14/2012 Page 122 / 262 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:August 7, 2012 at 2:00 p.m. FOR:Vacuum, Blast Cleaning and High Pressure Wash – Fall Outage 2012 DEPARTMENT:Utilities ESTIMATE:$100,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:July 19, 2012 NO. POTENTIAL BIDDERS:4 SUMMARY Bidder:W –S Industrial Services Meylan Enterprise, Inc. Council Bluffs, IA Omaha, NE Bid Security:Merchants Bonding Co Universal Surety Co. Exceptions:Noted Noted Bid Price: Material:$67,176.00 $20,396.50 Labor:$68,228.00 $74,423.40 Sales Tax:$ 9,478.52 $ 7,136.98 Total Bid:$144,882.52 $101,956.88 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Darrell Dorsey, PGS Superintendent Karen Nagel, Utility Secretary P1577 Grand Island Council Session - 8/14/2012 Page 123 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-205 WHEREAS, the City of Grand Island invited sealed bids for Vacuum, Blast Cleaning and High Pressure Wash for the Fall Outage at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on August 7, 2012, bids were received, opened and reviewed; and WHEREAS, Meylan Enterprises, of Omaha, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $94,819.90 plus tax ($7,136.98) for a total bid amount of $101,956.88; and WHEREAS, the base bid of Meylan Enterprises is less than the estimate for Vacuum, Blast Cleaning and High Pressure Wash - Fall Outage 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 Meylan Enterprises, Inc., in the total amount (including tax) of $101,956.88, for Vacuum, Blast Cleaning and High Pressure Wash – Fall Outage at Platte Generating Station, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 124 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G11 #2012-206 - Approving Agreement with Olsson Associates for Professional Services Related to the Extension of Sanitary Sewer System from Wildwood Subdivision to Interstate 80 (District No. 530T) and Construction Phase Services for Sewer/Paving in Wildwood Subdivision (District No. 528) Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 8/14/2012 Page 125 / 262 Council Agenda Memo From:Terry Brown, Manager of Engineering Services Meeting:August 14, 2012 Subject:Approving Agreement with Olsson Associates for Professional Services Related to the Extension of Sanitary Sewer System from Wildwood Subdivision to Interstate 80 (District No. 530T) and Construction Phase Services for Sewer/Paving in Wildwood Subdivision (District No. 528) Item #’s:G-11 Presenter(s):Terry Brown, Interim Public Works Director Background On June 18, 2012 the Engineering Division of the Public Works Department solicited requests for qualifications for professional engineering consulting services for design services for the extension of Grand Island’s public sanitary sewer system from Wildwood Subdivision to Interstate 80 (District No. 530T). The solicitation was sent to 8 potential consulting firms. Discussion Four (4) consulting firms responded to the Request for Qualifications (RFQ). Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. The anticipated start date of such work is August 20, 2012, with an anticipated completion date of August 15, 2013. The scope of this agreement will entail coordination with the Nebraska Department of Environmental Quality (NDEQ) regarding the State Revolving Funds (SRF), easement acquisition, geotechnical investigation, sanitary sewer design, project permitting, bid phase services, construction observation, construction administration services, and Grand Island Council Session - 8/14/2012 Page 126 / 262 project close-out for the US Highway 281 sanitary sewer extension. The portion of the agreement addressing the Wildwood Subdivision sanitary sewer extension will include construction administration services, construction observation, and project close-out. 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 agreement with Olsson Associates of Grand Island, Nebraska and pass a Resolution authorizing the Mayor to sign the agreement, for a total amount of $235,150.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 8/14/2012 Page 127 / 262 Grand Island Council Session - 8/14/2012 Page 128 / 262 Grand Island Council Session - 8/14/2012 Page 129 / 262 Grand Island Council Session - 8/14/2012 Page 130 / 262 Grand Island Council Session - 8/14/2012 Page 131 / 262 Grand Island Council Session - 8/14/2012 Page 132 / 262 Grand Island Council Session - 8/14/2012 Page 133 / 262 Grand Island Council Session - 8/14/2012 Page 134 / 262 Grand Island Council Session - 8/14/2012 Page 135 / 262 Grand Island Council Session - 8/14/2012 Page 136 / 262 Grand Island Council Session - 8/14/2012 Page 137 / 262 Grand Island Council Session - 8/14/2012 Page 138 / 262 Grand Island Council Session - 8/14/2012 Page 139 / 262 Grand Island Council Session - 8/14/2012 Page 140 / 262 Grand Island Council Session - 8/14/2012 Page 141 / 262 Grand Island Council Session - 8/14/2012 Page 142 / 262 Grand Island Council Session - 8/14/2012 Page 143 / 262 Grand Island Council Session - 8/14/2012 Page 144 / 262 Grand Island Council Session - 8/14/2012 Page 145 / 262 Grand Island Council Session - 8/14/2012 Page 146 / 262 Grand Island Council Session - 8/14/2012 Page 147 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-206 WHEREAS, the City of Grand Island requested qualifications for professional services for the extension of Grand Island’s public sanitary sewer system from Wildwood Subdivision to Interstate 80 (District No. 530T), and construction phase services for sewer/paving in Wildwood Subdivision (District No. 528); and WHEREAS, Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria for such work; and WHEREAS, the cost of such work will be $172,550.00 for the Highway 281 gravity sewer portion of the services and $62,600.00 for the Wildwood Subdivision portion. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement between the City of Grand Island and Olsson Associates of Grand Island, Nebraska for engineering consulting services for the extension of Grand Island’s public sanitary sewer system from Wildwood Subdivision to Interstate 80 (District No. 530T), and construction phase services for sewer/paving in Wildwood Subdivision (District No. 528) is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 148 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G12 #2012-207 - Approving Change Order No. 1 for Asphalt Resurfacing Project 2012-AC-1 Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 8/14/2012 Page 149 / 262 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:August 14, 2012 Subject:Approving Change Order No. 1 for Asphalt Resurfacing Project 2012-AC-1 Item #:G-12 Presenter(s):Terry Brown, Interim Public Works Director Background Gary Smith Construction Co., Inc., of Grand Island, Nebraska was awarded a $309,967.70 contract by the City Council on May 8, 2012 for the annual asphalt overlay project. The estimate for the 2011 asphalt resurfacing project was $395,392.70. Discussion With assistance from the Nebraska Department of Roads (NDOR) Materials and Research Division, the specifications for the asphaltic concrete materials were improved to utilize current mix design methodologies and testing procedures. The 2012 Resurfacing project required two different types of SPL (Static Pressure Load) mixes – a leveling course (bottom lift) and a surface course. The SPL Asphaltic Concrete requires higher amounts of crushed aggregate to resist rutting and superior grades of liquid asphaltic cement (oil) for performance and durability. The specifications allow for addition of Reclaimed Asphalt Pavement, also known as RAP, to substitute for new aggregate and asphaltic cement. RAP is acquired by milling (removal by grinding) existing asphalt pavement. Addition of RAP in new asphalt mixes is encouraged by most State Highway Agencies because of cost benefits and environmental stewardship. A report from the Federal Highway Administration shows that 80 percent of asphalt pavement that is removed is reused, making RAP the most recycled material in the United States. By utilizing RAP, contractors can reduce their material costs and provide more competitive bids. However, in order for the Contractor to meet the rigid testing standards of our specifications, the RAP must be of high quality and consistency. Typically, the highest quality RAP is from millings acquired from asphalt pavement on Interstate 80 due to its consistency and aggregate quality. Grand Island Council Session - 8/14/2012 Page 150 / 262 In accordance with the specifications, the Contractor is required to provide and pay for any RAP used in the asphaltic concrete mix. Of three optional sources of RAP that were considered, the Public Works Engineering Division preferred RAP that was acquired from Interstate 80 and owned by NDOR. NDOR policy only allows the sale of RAP to be made directly with another governmental agency. The City will be invoiced for the cost of the RAP by NDOR. The contractor is being deducted the cost of the RAP through this change order. 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 Asphalt Maintenance Project 2012-AC-1. Sample Motion Move to approve the resolution. Grand Island Council Session - 8/14/2012 Page 151 / 262 City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: August 14, 2012 PROJECT: Asphalt Maintenance Project 2012-AC-1 CONTRACTOR: Gary Smith Construction Co., Inc. CONTRACT DATE: May 8, 2012 Quantity Unit Price Total Price 1.Reclaimed Asphalt Pavement (RAP) – Purchased from State 1,205.33 ton -$10.00/ton -$12,053.30 TOTAL OF CHANGE ORDER NO. 1 - $12,053.30 Contract Price Prior to This Change Order .....................................................................................$309,967.70 Net Increase/Decrease Resulting from this Change Order .............................................................$ 12,053.30 Revised Contract Price Including this Change Order................................................................$297,914.40 Approval Recommended: By_______________________________________ Terry Brown, Interim Public Works Director Date The Above Change Order Accepted:Approved for the City of Grand Island: Gary Smith Construction Co., Inc. By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Grand Island Council Session - 8/14/2012 Page 152 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-207 WHEREAS, on May 8, 2012, by Resolution 2012-117, the City of Grand Island awarded Gary Smith Construction Co., Inc. of Grand Island, Nebraska the bid in the amount of $309,967.70 for Asphalt Resurfacing Project No. 2012-AC-1; and WHEREAS, it has been determined that Reclaimed Asphalt Pavement (RAP) acquired from Interstate 80 and owned by Nebraska Department of Roads (NDOR) is in the best interest of the City for such project; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will decrease the contract amount by $12,053.30 for a revised contract price of $297,914.40. 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 Gary Smith Construction Co., Inc. of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 153 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G13 #2012-208 - Approving Redevelopment Area #10 for Property Located East of South Locust Street and South of Bismark Road This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 8/14/2012 Page 154 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-208 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, Larry Fowle, has caused to be prepared a Blight and Substandard Study for an area located in southeast Grand Island between Bismark Road and Phoenix Street and along Kimball and Oak Street referred to as Area No. 10; and WHEREAS, Marvin Planning Consultants completed such Blight and Substandard Study and has determined that the area should be declared as substandard or blighted area in need of redevelopment; and WHEREAS, Larry Fowle presented such study to the Grand Island CRA on June 13, 2012 and WHEREAS, on June 26, 2012 the Grand Island City Council referred such study to the Hall County Regional Planning Commission for review and recommendation; and WHEREAS, the Regional Planning Commission held a public hearing and recommended approval of such study at its July 11, 2012 meeting; and WHEREAS, a public hearing to consider approval of a Blighted and Substandard designation was held on August 14, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for Redevelopment Area No. 10 as identified above is hereby approved, and those areas identified in said study are declared to be blighted and substandard and in need of redevelopment as contemplated in the Community Development law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 155 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G14 #2012-209 - Approving Redevelopment Area #11 for Property Located South of Capital Avenue between Broadwell Avenue and Wheeler Avenue Encompassing the Veteran’s Hospital This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Chad Nabity Grand Island Council Session - 8/14/2012 Page 156 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-209 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, Pridon LLC has caused to be prepared a Blight and Substandard Study for an area located south of Capital Avenue between Broadwell Avenue and Wheeler Avenue encompassing the Veteran’s Administration Medical Center referred to as Area No. 11; and WHEREAS, RDG Planning and Design completed such Blight and Substandard Study and has determined that the area should be declared as substandard or blighted area in need of redevelopment; and WHEREAS, Pridon LLC presented such study to the Grand Island City Council on June 26, 2012 and WHEREAS, on June 26, 2012 the Grand Island City Council referred such study to the Hall County Regional Planning Commission for review and recommendation; and WHEREAS, the Regional Planning Commission held a public hearing and recommended approval of such study at its July 11, 2012 meeting; and WHEREAS, a public hearing to consider approval of a Blighted and Substandard designation was held on August 14, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for Redevelopment Area No. 11 as identified above is hereby approved, and those areas identified in said study are declared to be blighted and substandard and in need of redevelopment as contemplated in the Community Development law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 157 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G15 #2012-210 - Approving Purchase of a 2013 Ford Taurus on State Contract for the Fire Department Staff Contact: Russ Blackburn Grand Island Council Session - 8/14/2012 Page 158 / 262 Council Agenda Memo From:Russ Blackburn, Interim Fire Chief Meeting:August 14, 2012 Subject:Purchase of Staff Car Item #’s:G-15 Presenter(s): Russ Blackburn, Interim Fire Chief Background A 1999 Ford Taurus Wagon has been the Fire Chief’s staff vehicle for the past thirteen years. The Taurus wagon has recently developed a wiring problem to the rear taillights. The Taurus wagon currently has 57,206 miles on it. City council appropriated the funds for a staff vehicle to replace the Taurus Wagon in the 2012 budget. Discussion We would like to replace the 1999 Ford Taurus Wagon with a 2013 Ford Taurus 4-door sedan with City Council’s approval. The 2013 Taurus is a State bid vehicle with one option added. The option added was all-wheel-drive. This option will help the Fire Chief to get around in winter conditions. The State bid is from Anderson Ford, Lincoln, Mercury, Mazda of Lincoln, NE. The State bid price was $19,730.00 and with the all- wheel-drive added it comes to $23,513.00. The amount budgeted for this purchase was $26,000. Estimated delivery of the vehicle will be eight weeks after the purchase is approved by Council. The 1999 Taurus Wagon will be removed from the Fire Department fleet and sold at auction. 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 Grand Island Council Session - 8/14/2012 Page 159 / 262 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the 2013 Ford Taurus Sedan for use in the Fire Department as the Fire Chief’s staff vehicle. Sample Motion Move to approve the purchase of the 2013 Ford Taurus Sedan for use in the Fire Department as the Fire Chief’s staff vehicle in the amount of $23,513.00. Grand Island Council Session - 8/14/2012 Page 160 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-210 WHEREAS, the City Council approved the replacement of a staff car for the Fire Department in the 2012 budget; and WHEREAS, the Fire Chief’s 1999 Taurus Wagon staff car is due to be replaced; and WHEREAS, a 2013 Ford Taurus Sedan may be purchased on State bid from Anderson Ford of Lincoln, NE in the amount of $23,513.00 which is less that the budget estimate of $26,000.00, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to allow the Fire Department to purchase the 2013 Ford Taurus Sedan for use as the Fire Chief’s staff car from Anderson Ford, of Lincoln, as the State bid supplier in the amount of $23,513.00.. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 161 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G16 #2012-211 - Approving Physio Control Monitors Maintenance Contract Staff Contact: Russ Blackburn Grand Island Council Session - 8/14/2012 Page 162 / 262 Council Agenda Memo From:Russ Blackburn, Interim Fire Chief Meeting:August 14, 2012 Subject:Physio-Control cardiac monitor maintenance contract Item #’s:G-16 Presenter(s): Russ Blackburn Background This appearred before Council last meeting when I made the inadvertant error that this was a five year contract, but it is only a three year contract, the maximum length the Physion Control Corporation allows. This was my error and when the fire department administrative assistant pointed this out I contacted the City Attorney and he stated to send it back to council with the correct information. I apologize for the mistake requiring you to approve it twice. For the past five years the City has entered into an agreement with Physio Control for service and maintenance of the Grand Island Fire Department heart monitors. The contract budgeted monitors not still under warranty, and eliminates annual increases for this service by commiting to a three year agreement. The contract expired June 1, 2012. The hold-up on the contract was that GIFD was changing out seven LifePak 12s for seven Lifepak 1000s. The new LP1000s have been received and are in service now so the contract could be finished. The LP1000s are easier to maintain and therefore the maintainance contract has decreased in cost. The cost of this contract is $10,074 per year and is allowed in our current budget. Discussion The LifePak 12 Cardiac monitor allows the Fire Department's paramedics and EMTs to defibrillate a patient's heart, that has stopped beating, as an Automatic External Defibrillator. The LifePak 12 allows our paramedics to see the cardiac rhythm in 3 lead or 12 lead format, get pulse oxygenation readings, monitor end-tidal CO2 levels, take automated blood pressures, mark time during treatment, record events during cardiopulmonary resusitation efforts, and manually defibrillate patients. These monitors are carried on all of our ambulances. Grand Island Council Session - 8/14/2012 Page 163 / 262 The LifePak 1000s are on the engines and ladder. The 1000s can defibrillate in either an automatic mode for EMTs or be put in manual mode by the paramedics. They can also display a lead two tracing of a patients EKG. They do not have the other capabilities but are enough to treat the patient until the ambulance arrives. Having the monitors inspected annually and repaired when needed reduces the City of Grand Island's liability for the performance of these monitors. Repairs are done at no additional cost, saving the City money over the duration of the contract. When a monitor needs repairs Physio sends a replacement monitor to use while the repairs are completed, not reducing our available assets. 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 renewal of the three year maintenance contract with Physio Control Corporation.. Sample Motion Move to approve the renewal of a three year maintenance contract with Physio Control Corporation. Grand Island Council Session - 8/14/2012 Page 164 / 262 Grand Island Council Session - 8/14/2012 Page 165 / 262 Grand Island Council Session - 8/14/2012 Page 166 / 262 Grand Island Council Session - 8/14/2012 Page 167 / 262 Grand Island Council Session - 8/14/2012 Page 168 / 262 Grand Island Council Session - 8/14/2012 Page 169 / 262 Grand Island Council Session - 8/14/2012 Page 170 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-211 WHEREAS, the City of Grand Island Fire Department utilizes seven LifePak-12 cardiac monitors and seven LifePak-1000 cardiac monitors to care for our patients with cardiac symptoms; and WHEREAS, the cardiac monitors have to be inspected yearly for proper performance as protection from liability; and WHEREAS, the LP-12s are no longer under warranty; and WHEREAS, the three year maintenance contract with Physio-Control specifies yearly inspections and no additional cost maintenance for the term of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to enter into the 3 year maintenance agreement with Physio-Control. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 171 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G17 #2012-212 - Approving Payment of Repair to Fire Engine 1 Staff Contact: Russ Blackburn Grand Island Council Session - 8/14/2012 Page 172 / 262 Council Agenda Memo From:Russ Blackburn, Interim Fire Chief Meeting:August 14, 2012 Subject:Payment of repairs to Engine 1 Item #’s:G-17 Presenter(s): Russ Blackburn Background Engine 1 (548) is the front line engine at Fire Station 1. It is a 1996 Freightliner. The first week of July this engine developed a pump and transmission problem during a training exercise. The seal between the transmission and pump gave out allowing water into the transmission transfer case. Both the pump and the transmission transfer case had to be replaced. Discussion Engine 1 is still a front line apparatus and the repairs to the pump and transmission had to be made. The total cost of the repairs to this engine was $31,360.35. We had a purchase order for $7,500 to get the repairs started. As the final bill for repairs exceeded the $20,000 level for City Council approval, we are seeking approval to pay the $31,360.35 to FYR-TEK of Gothenburg, NE for the repairs that were completed. 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 Grand Island Council Session - 8/14/2012 Page 173 / 262 Recommendation City Administration recommends that the Council approve the payment of $31,360.35 to FYR-TEK of Gothenburg, NE for the repairs that were completed. Sample Motion Move to approve the payment of $23,860.35 to FYR-TEK of Gothenburg, NE for the repairs that were completed. Grand Island Council Session - 8/14/2012 Page 174 / 262 Grand Island Council Session - 8/14/2012 Page 175 / 262 Grand Island Council Session - 8/14/2012 Page 176 / 262 Grand Island Council Session - 8/14/2012 Page 177 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-212 WHEREAS, the fire department needed repairs to a frontline engine’s pump and transmission; and WHEREAS, the repairs were completed by FYR-TEK; and WHEREAS, the balance of the repair bill is $31,360.35 which needs to be approved by City Council, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to allow the Fire Department to make payment of $31,360.35 to FYR-TEK for the repairs made to engine 1. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 178 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G18 #2012-213 - Approving Bid Award for Backup Emergency Generator(s) Staff Contact: Russ Blackburn Grand Island Council Session - 8/14/2012 Page 179 / 262 Council Agenda Memo From:Russ Blackburn, (Interim) Fire Chief Meeting:August 14, 2012 Subject:Purchase and Installation of (2) Fire Station Backup Generators Item #’s:G-18 Presenter(s):Fred Hotz, Fire Division Chief Background The Fiscal Year 2011/2012 budget, as approved, included the purchase and installation of fire station backup generators. These generators will provide the necessary backup electricity to the fire stations should city electrical power be lost to the stations. Long term power outages could be experienced due to ice storms and or tornadoes, but any number of other causes could significantly impact the fire department emergency services during a large scale outage. Currently Fire Station 1on Fonner Road is equipped with a backup generator. The three other stations are not equipped. The approval of this expenditure would equip two more stations with generators. Future Capital Budget planning would include the purchase of the final generator needed. The General Fund Capital Budget included $80,000 related to the expenses of these generators. Requests for Proposal (RFP) were issued, received and opened on July 31, 2012, and evaluated. The RFP to be awarded pending City Council approval amounts to $76,156. Discussion The proposal requested four optional installations. All included the complete installation of a generator for Fire Station 2. The next two options added one more additional purchase of equipment and the final included purchase and installations at both stations. Two proposals were submitted by two local electrical contractors Middleton Electric and Ensley Electric. The proposals were scored by the use of a scoring matrix that covered seven different evaluation categories. The categories were: the following of directions of Grand Island Council Session - 8/14/2012 Page 180 / 262 the RFP, price, proposed completion date, meeting or exceeding the specs, maintenance availability and distance. Scores ranged from a high of 64 to a low of 28. Those proposals that met or came in below (price) our capital budget for the project were considered. The proposals that met the criteria of option #4 were given priority (The complete installation of generators at both Fire Station 2 and Fire Station 4). Both contractors submitted proposals that met option #4. Middleton Electric’s proposal came in the lowest and was evaluated higher or equal in all other criteria. In addition, specific specifications were identified and proposed in the proposal that Ensley Electric neglected to propose. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the purchase and installation of the generators from Middleton Electric. 2.Postpone any decision regarding the current proposals. 3.Deny the request to purchase and install the generators. Recommendation City Administration recommends that Council approve the Resolution to purchase and install emergency backup generators for Fire Station 2 and Fire Station 4. Sample Motion Move to approve the Resolution to purchase and install emergency backup generators for Fire Station 2 and Fire Station 4 awarding the contract to Middleton Electric at the contract price of $76,156. Grand Island Council Session - 8/14/2012 Page 181 / 262 Grand Island Council Session - 8/14/2012 Page 182 / 262 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR BACKUP EMERGENCY GENERATOR(S) RFP DUE DATE:July 31, 2012 at 4:00 p.m. DEPARTMENT:Fire PUBLICATION DATE:July 13, 2012 NO. POTENTIAL BIDDERS:5 SUMMARY OF PROPOSALS RECEIVED Middleton Electric, Inc.Ensley Electrical Services, Inc. Grand Island, NE Grand Island, NE cc:Russ Blackburn, Interim Fire Chief Fred Hotz, Division Chief Jason Eley, Purchasing Agent Jaye Monter, Finance Director Chris Hoffman, Fire Admin. Assist. P1576 Grand Island Council Session - 8/14/2012 Page 183 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-213 WHEREAS, the City of Grand Island sent out requests for proposals to five potential “stand alone” generator venders to supply and install two emergency backup generators. Two proposals were received and evaluated; a copy is on file with the City Clerk; and WHEREAS, on July 31, 2012 requests for proposals were received, opened and reviewed; and WHEREAS, the proposal from Middleton Electric, scored the highest in these areas: directions of the RFP, price, proposed completion date, meeting or exceeding the specs, maintenance availability and distance. This proposal was $771 less than the other contractor; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Middleton Electric of Grand Island, Nebraska in the amount of $76,156 for the purchase and installation of two Cummins Generators as per the proposal is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 184 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G19 #2012-214 - Approving Bid Award for 2012 or Newer, Heavy Duty Rescue/Pumper Staff Contact: Russ Blackburn Grand Island Council Session - 8/14/2012 Page 185 / 262 Council Agenda Memo From:Russ Blackburn, Interim Fire Chief Meeting:August 14, 2012 Subject:Purchase of rescue pumper Item #’s:G-19 Presenter(s): Russ Blackburn Background City Council approved the purchase of a rescue pumper in the 2012 budget with a budgeted amount of $550,000. Specifics were written and sent to possible bidders in early July. Proposed bids from manufacturers were opened on July 26, 2012. The bids were then scored against a scoring matrix developed by Chief Hiemer and approved by Assistant City Attorney Eley. Discussion The highest scoring, lowest cost proposal was from Danko Emergency Equipment of Snyder, NE. Their bid to build the rescue pumper was $503,128.00 with added equipment. The rescue pumper will replace two current apparatus at station three. A 1990 Ford engine and a 1997 Freightliner rescue. The Smeal custom rear mount pumper installed on a Sparten Metro Star chassis will make operations at station three more efficient because the crews will not have to change between trucks depending on the type of call. The new rescue pumper should be more reliable, and have modern safety equipment that the current apparatus do not have. Delivery of the new rescue pumper will between 240 – 300 days after the approval of City Council to award the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 8/14/2012 Page 186 / 262 Recommendation City Administration recommends that the Council approve the purchase of the Smeal custom rear mount pumper installed on a Sparten Metro Star chassis for use by the GIFD for emergency service use. Sample Motion Move to approve the purchase of the Smeal custom rear mount pumper installed on a Sparten Metro Star chassis for use by the GIFD for emergency service use. Grand Island Council Session - 8/14/2012 Page 187 / 262 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:July 26, 2012 at 2:15 p.m. FOR:2012 or Newer, Heavy Duty Rescue/Pumper DEPARTMENT:Fire ESTIMATE:$585,000.00 FUND/ACCOUNT:10022101-85625 PUBLICATION DATE:July 6, 2012 NO. POTENTIAL BIDDERS:10 SUMMARY Bidder:Rosenbauer South Dakota Ed M. Feld Equipment Co., Inc. Lyons, SD Carroll, IA Bid Security:Travelers Casualty & Surety Co.Merchants Bonding Co. Exceptions:None None Bid Price:$532,193.00 No Bid Discount:$ -7,577.00 No Bid Option 1: No Bid $2,695.00 Option 2: No Bid $ 990.00 each Option 3: No Bid $3,340.00 Option 4:$ 22,995.00 No Bid Total Bid:$547,611.00 Bidder:Danko Emergency Equipment Toyne Snyder, NE Breda, IA Bid Security:Travelers Casualty & Surety Co.North American Specialty Ins. Co. Exceptions:None Noted Bid Price:$472,330.00 $486,640.50 Discount:$ -11,730.00 $ -9,742.00 Option 1:$ 1,908.00 $ 2,400.00 Option 2:$ 1,193.00 $ 1,796.00 Option 3:$ 3,795.00 $ 3,500.00 Option 4:$ 35,632.00 $ 26,700.00 Grand Island Council Session - 8/14/2012 Page 188 / 262 Total Bid:$503,128.00 $511,294.50 cc:Russ Blackburn, Interim Fire Chief Tim Hiemer, Division Chief Jason Eley, Purchasing Agent Chris Hoffman, Fire Admin. Assist. P1571 Grand Island Council Session - 8/14/2012 Page 189 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-214 WHEREAS, the City Council approved the purchase of a rescue pumper budgeted at $550,000 in the 2012 budget; and WHEREAS, the Fire Department needs to replace a 1990 Ford fire engine, and place a 1993 Freightliner rescue truck in reserve status; and WHEREAS, Danko Emergency Equipment of Snyder, NE has submitted the high scoring bid for a Smeal custom rear mount pumper installed on a Sparten Metro Star chassis for $503,128.00 which is less than the budgeted amount for the purchase of a rescue pumper, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to allow the Fire Department to purchase the Smeal custom rear mount pumper installed on a Sparten Metro Star chassis from Danko Emergency Equipment for a total of $503,128.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 190 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G20 #2012-215 - Approving Bid Award for Re-Chassis Type III Ambulance Staff Contact: Russ Blackburn Grand Island Council Session - 8/14/2012 Page 191 / 262 Council Agenda Memo From:Russ Blackburn, Interim Fire Chief Meeting:August 14, 2012 Subject:Purchase of Re-Chassis Ambulance Item #’s:G-20 Presenter(s):Russ Blackburn Background The city council approved the purchase of a re-chassis ambulance in the 2012 budget. With the Mayor’s approval we put out a Request for Proposal (RFP) in July. The Fire department got four responses to the RFP. After going through the scoring matrix with the four proposals, Arrow manufacturing of Rock Rapids, Iowa has been selected to provide the re-chassis ambulance. Discussion The purchase of the 2012 Chevy 4500 Type III re-chassis ambulance will replace a 1993 Ford Type III ambulance that has 104,000 miles. The re-chassis ambulance is an older patient compartment (box) placed on a new chassis. Arrow manufacturing uses just the metal box they completely rewire and update the components of the box. We have one refurbished ambulance in the fleet from Arrow manufacturing, it was a 1996 that was on a Ford chassis that had to be replaced and we had Arrow put it on a Chevy chassis and that ambulance has been very reliable and everyone on the department favorite ambulance since. Arrows RFP is for $124,900 and $6500.00 to paint it Grand Island Fire Department red for a total of $131,400 below the $135,500 budgeted for this purchase. This ambulance is also available now, and after being painted, would be delivered to Grand Island for immediate use helping to shore up our aging ambulance fleet. 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 Grand Island Council Session - 8/14/2012 Page 192 / 262 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 Chevy 4500 Type III re-chassis ambulance for use by the GIFD for emergency service use. Sample Motion Move to approve the purchase of the 2012 Chevy 4500 Type III re-chassis ambulance for use by the GIFD for emergency service use. Grand Island Council Session - 8/14/2012 Page 193 / 262 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR RE-CHASSIS TYPE III AMBULANCE RFP DUE DATE:July 26, 2012 at 2:30 p.m. DEPARTMENT:Fire PUBLICATION DATE:July 6, 2012 NO. POTENTIAL BIDDERS:6 SUMMARY OF PROPOSALS RECEIVED Arrow Manufacturing US Coachworks Rock Rapids, IA Kansas City, MO Taylor Made Ship Rocky Mountain Emergency Vehicle Newport, AR Denver, CO cc:Russ Blackburn, Interim Fire Chief Chris Hoffman, Fire Admin. Assist. Jason Eley, Purchasing Agent Jaye Monter, Finance Director P1572 Grand Island Council Session - 8/14/2012 Page 194 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-215 WHEREAS, the City Council approved the purchase of a re-chassis ambulance in the 2012 budget; and WHEREAS, the Fire Department needs to replace a 1993 ambulance with 104,000 miles to make the fleet of ambulances and emergency response more reliable; and WHEREAS, Arrow Manufacturing of Rock Rapids, IA has submitted the high scoring RFP for a 2012 Chevy 4500 Type III re-chassis ambulance for less than the budgeted amount for the replacement of an ambulance, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to allow the Fire Department to purchase the 2012 Chevy 4500 Type III re-chassis ambulance from Arrow Manufacturing of Rock Rapids, IA for a total of $131,400. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 195 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item G21 #2012-216 – Approving Memorandum of Understanding with Hall County for Temporary Holding on Inmates and Detainees Staff Contact: Steve Lamken Grand Island Council Session - 8/14/2012 Page 196 / 262 Council Agenda Memo From:Steven Lamken, Police Chief Meeting:August 14, 2012 Subject:Emergency Inmate Sheltering Memorandum of Understanding Item #’s:G-21 Presenter(s):Steven Lamken, Police Chief Background The Hall County Department of Corrections has requested the use of the vehicle sally ports as a temporary location to transfer prisoners in the event that the correctional facility would need an emergency evacuation. The Police Department supports this Memorandum of Understanding to assist HCDC. Discussion Hall County Department of Corrections is requesting support in the use of the sally port area of the Law Enforcement Center as an emergency evacuation site for prisoners. Prisoners would be transferred to the Law Enforcement Center and held in a secure area until such time they could return to the correctional facility or a more permanent location could be provided. The Department of Corrections would maintain responsibility and supervision of the prisoners during an evacuation. The Police Department would assist in a prisoner evacuation if requested. The sally port area of the Police Department is a secure area and can provide prisoner access to toilet and drinking water while remaining in a secure area separate from Police Department and Sheriff’s Office operations. The Police Department supports the approval of this Memorandum of Understanding for the temporary holding of inmates and detainees. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 8/14/2012 Page 197 / 262 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 Memorandum of Understanding for the temporary holding of inmates and detainees. Sample Motion Move to approve the Memorandum of Understanding with Hall County for the temporary holding of inmates and detainees. Grand Island Council Session - 8/14/2012 Page 198 / 262 1 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE COUNTY OF HALL AND THE CITY OF GRAND ISLAND, NEBRASKA FOR TEMPORARY HOLDING OF INMATES AND DETAINEES THIS AGREEMENT is made and entered into this ___ day of _____________ 2012, by and between the County of Hall, Nebraska, a body politic and corporate and a political subdivision of the state of Nebraska, hereinafter referred to as the “County,” and the City of Grand Island, Nebraska, a municipal corporation within the state of Nebraska, hereinafter referred to as the “City.” WHEREAS, the County operates the Hall County Jail (hereinafter “County Jail”), under the direction and control of the Hall County Board of Corrections and the Hall County Department of Corrections (hereinafter “Department of Corrections); and WHEREAS, the County Jail is utilized for pretrial and post-trial detention of persons charged or convicted of criminal offenses and persons detained therein who are in the custody and control of the United States Department of Homeland Security, Immigration and Customs Enforcement; and WHEREAS, it is necessary and desirable for County to have in place a plan and available facilities for temporary emergency detention of persons in the event of a fire or other event which necessitates the evacuation of detainees from the County Jail; and WHEREAS, due to its proximity and to the County Jail and the adaptability to securely hold detainees on a temporary basis when necessary due to an emergency, the County desires to utilize the sally ports at the Grand Island-Hall County Public Safety Center (hereinafter “Safety Center”) for such detention ; and WHEREAS, City, though this Agreement, desires to authorize the use of the Safety Center for such use, and under such conditions, as set forth below. NOW, THEREFORE, County and City mutually agree as follows: 1.This agreement shall have a term commencing upon the date of execution by the parties and may be terminated by either party, for cause or for no cause, upon written notice given not less than 90 days prior to the date of termination. 2.In the event of a fire or other emergency requiring the evacuation of detainees held at the County Jail, the Department of Corrections is authorized to hold detainees temporarily within the sally ports located at the Safety Center until they may be relocated to the County Jail or housed at another correctional facility. 3.While detained at the Safety Center detainees shall remain in the legal and physical custody of the Department of Corrections, which is responsible for providing for the safe and secure Grand Island Council Session - 8/14/2012 Page 199 / 262 2 detention and care, including nutrition and medical care and treatment, of its detainees. 4.County shall use its best efforts to relocate its detainees to the County Jail within a reasonable time following abatement of the emergency or shall transfer detainees to another correctional facility if the County Jail cannot be reoccupied within a reasonable time. 5.Upon request of the County Corrections Director or his designee, the Grand Island Police Department and the Hall County Sheriff are authorized to provide law enforcement officers to assist in the secure and safe detention of detainees during evacuation, holding at the Safety Center, and relocation to the County Jail. 6.Notices to the City shall be provided to the City Clerk; notices to the County shall be provided to the County Clerk. Executed this ___ day of ____________, 2012. City of Grand Island, Nebraska Executed this ___ day of ____________, 2012. Hall County Board of Supervisors and Hall County Board of Corrections by:______________________________by:________________________________ Jay Vavricek, Mayor ______________________Chairman County Board of Supervisors and Hall County Board of Corrections Grand Island Council Session - 8/14/2012 Page 200 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-216 WHEREAS, the Hall County Department of Corrections is in need of a formal agreement for a location for the temporary holding of inmates and detainees, and WHEREAS, the Law Enforcement Center is located close to the corrections facility, and WHEREAS, the Law Enforcement Center has facilities that can be used for the purpose of the temporary holding of inmates and detainees, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Memorandum of Understanding between Hall County and the City of Grand Island for the temporary holding of inmates and detainees is approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 201 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item H1 Consideration of Request from Roger Luebbe for a Conditional Use Permit for a Parking Lot Located at 1311 South Stuhr Road This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Craig Lewis Grand Island Council Session - 8/14/2012 Page 202 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item I1 #2012-138 - Consideration of Amending Ballot Language for City Economic Development Plan Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 8/14/2012 Page 203 / 262 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:August 14, 2012 Subject:Amending Ballot Language for City Economic Development Plan Item #’s:I-5 Presenter(s):Robert J. Sivick, City Attorney Background On May 22, 2012 the Grand Island City Council (Council) approved Resolution 2012- 138 which set ballot language for a renewal of the City of Grand Island’s (City) Economic Development Program in accordance with the Local Option Municipal Economic Development Act, more commonly known as LB840. Resolution 2012-138 also placed that matter on the November 6, 2012 general election ballot for approval by the voters of Grand Island. Discussion The City Administration has been approached by the More Good Jobs for Grand Island Committee (Committee), the entity that is conducting the campaign for the approval of the renewal of the City’s Economic Development Program. Specifically, the Committee has requested minor changes in the ballot language previously approved by the Council pursuant to Resolution 2012-138. To make those requested changes, the Council would have to amend Resolution 2012-138. 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 Grand Island Council Session - 8/14/2012 Page 204 / 262 Recommendation The City Administration recommends the Council amend Resolution 2012-138 to incorporate the Committee’s recommended changes. Sample Motion Move to amend Resolution 2012-138 to incorporate the ballot language changes as recommended by the More Good Jobs for Grand Island Committee. Grand Island Council Session - 8/14/2012 Page 205 / 262 Grand Island Council Session - 8/14/2012 Page 206 / 262 Grand Island Council Session - 8/14/2012 Page 207 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-138 WHEREAS, the City of Grand Island is proposing a ten (10) year renewal of its Economic Development Program to continue the success of its present Program in seeking new employers and assisting existing employers to increase the number of quality jobs for the people of Grand Island; and WHEREAS, a proposed Economic Development Program has been prepared in accordance with the Local Option Municipal Economic Development Act, codified at Chapter 18, Article 27 of the Nebraska Revised Statutes; and WHEREAS, the proposed Economic Development Program has been written to foster and maximize future economic development while at the same time improving accountability, transparency, and safeguarding taxpayer dollars; and WHEREAS, the Mayor and City Council propose to present this Economic Development Program to the voters of the City of Grand Island for their approval at the general election to be held on Tuesday, November 6, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the Mayor and City Council do hereby approve and adopt the Economic Development Program attached hereto and made a part of this Resolution by reference. That the following language shall be submitted to the Hall County Election Commissioner for inclusion on the Grand Island City ballot for the general election to be held on Tuesday, November 6, 2012: ECONOMIC DEVELOPMENT JOBS PROGRAM RENEWAL Shall the City of Grand Island renew its eEconomic dDevelopment Jobs pProgram by appropriating Seven Hundred and Fifty Thousand Dollars ($750,000.00) annually from local sources of revenue for a period of ten (10) years? A vote for this measure will renew the Economic Development Jobs pProgram for a period of ten (10) years. A vote against this program will not renew the Economic Development Jobs pProgram and allow it to expire in on September 30, 2013. ECONOMIC DEVELOPMENT JOBS PROGRAM SUMMARY The City of Grand Island is proposing to renew its Economic Development Jobs Plan Program for a period of ten years in order to attract new employers and assist existing employers to increase the number of quality jobs for the people of Grand Island by attracting new employers and assisting existing employers. The renewal is for a period of Grand Island Council Session - 8/14/2012 Page 208 / 262 - 2 - ten (10) years at an annual cost of the program will be Seven Hundred and Fifty Thousand Dollars ($750,000.00)., which represents no increase in funding from the current plan. This The program will be funded with local sources of revenue. Revenue from publicly owned utilities may be used to fund utility related projects needed for economic development. This program will be in existence for a period of ten (10) years commencing October 1, 2013. That the City Clerk is directed to certify the above ballot language with the Hall County Election Commissioner for inclusion on the Grand Island City ballot for the general election to be held on Tuesday, November 6, 2012. That the City Clerk is directed to prepare a copy of this Resolution and the proposed Economic Development Plan and make such available for public review at City Hall, the Edith Abbott Memorial Library, and the offices of the Grand Island Area Economic Development Corporation during regular business hours. Amended and adopted as amended by the City Council of the City of Grand Island, Nebraska, on August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/14/2012 Page 209 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item I2 #2012-217 - Consideration of Approving Resolution of Intent to Create Business Improvement District 2012 – Stolley Park Road to Fonner Park Road and Proposed 2012-2013 Budget Staff Contact: Marco Floeani Grand Island Council Session - 8/14/2012 Page 210 / 262 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:August 14, 2012 Subject:Approving Resolution of Intent to Create South Locust Business Improvement District 2012 Item #’s:I-1 Presenter(s):Marco Floreani, Community Development Administrator Background At the City of Council Meeting of June 26, 2012, the Council adopted a resolution defining the boundaries for the South Locust Business Improvement District 2012, South Locust Street from Stolley Park Road to Fonner Park Road. The Resolution also provided for the formation of an South Locust Business Improvement District 2012 Board and the appointment of Hugh Miner, Roy Nenemen, Bennett Chamness, Buzz Douhit, James Goodman, Kris Nolan Brown, and Scott Zana. Property owners in this area are organizing their efforts to continue the street improvements that are now evident along the southernmost portions of South Locust Street, including pedestrian lightning, landscaping, and sidewalks. The goals include the continued redevelopment of South Locust into an appealing corridor and entrance into Grand Island. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. The Regional Planning Commission, at a meeting of July 11, 2012 reviewed the boundaries, and purposes of the Business Improvement District and by a unanimous vote of the 8 members present recommended the City Council approve the creation of the District. The first meeting of the South Locust Street BID 2012 was held on July 25, 2012. The board voted unanimously to formally recommend that the City Council create the one-year District. The Board reviewed proposed activities in the District and developed a budget for the entire 1 year life of the District. Notification will then be mailed to every property owner in the District as well as published in the Grand Island Independent. Grand Island Council Session - 8/14/2012 Page 211 / 262 Discussion This approval of a resolution of intent to create South Locust Street Business Improvement District 2012, South Locust Street from Stolley Park Road to Fonner Park Road. The final step will be a period for the property owners in the district to protest the formation of the BID. City Council will then hold a public hearing to create the district. After the hearing Council may pass an ordinance to establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to Approve resolution of intent to create South Locust Street BID 2012 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution of intent to create South Locust Street Business Improvement District 2012 Sample Motion Move to approve resolution of the intention to create South Locust Business Improvement District 2012. Grand Island Council Session - 8/14/2012 Page 212 / 262 Grand Island Council Session - 8/14/2012 Page 213 / 262 Budget Proposal Business Improvement District 2012 Grand Island, Nebraska Submitted to the Honorable Mayor and City Council of Grand Island July 25, 2012 By Business Improvement District 2012 Board of Directors Proposed Budget and Purposes for Business Improvement District 2012 The board members of Business Improvement District 2012 have completed a thorough process to identify the needs of the area (South Locust Street, Fonner Park Road to Stolley Park Road) relative to continued beautification and maintenance of landscaping, pedestrian lighting, and sidewalks. Various property and business owners in the District have indicated an interest in forming a business improvement district to continue the street improvements (landscaping, pedestrian lighting, banners, and sidewalks) that are currently in place. They recognize the importance of a well-maintained and appealing corridor has for residents, business development and visitors to the community. At the City Council Meeting of June 26, 2012, approval was given for establishment of the boundaries for the South Locust Business Improvement District 2012 as well as for the formation of a Board to develop recommendations to the City Council relative to anticipated improvements. The boundaries for the proposed South Locust Business Improvement District 2012 are identical to those for the current Business Improvement District #4. Because there has long been an interest and intent to merge the business improvement districts for South Locust Street (currently BID #4 and BID #7), we propose a one year term for this Business Improvement District 2012. BID #7 is set to expire in September, 2013. By forming this District for one year, we will be able to explore the potential to merge with BID #7 for the year beginning October 1, 2013. Thus, this proposal calls for resources in the amount of $34,450 for the fiscal year October 1, 2012 through September 30, 2013. Maintenance/Beautification Creating an atmosphere that is welcoming and well-maintained is essential for this entry to the community. This category of work includes funding for contract services for lawn care (including irrigation), tree and perennial care and maintenance, and snow removal. Funds are also included for contract services for the management of the District (Chamber) and for financial services provided by the City. Grand Island Council Session - 8/14/2012 Page 214 / 262 South Locust Street Business Improvement District 2012 One-Year Financial Plan 2012-2013 BID Revenue $34,450.00 Expenses Landscaping, and Sprinkler System $21,500.00 Beautification $9,500.00 Implementation and Management $3,500.00 Total $34,450.00 Grand Island Council Session - 8/14/2012 Page 215 / 262 OFFICIAL PROCEEDINGS SOUTH LOCUST STREET BUSINESS IMPROVEMENT BOARD MINUTES DATE/TIME: July 25, 2012 LOCATION: Chamber of Commerce, 309 West 2nd Street MEETING: __ _Regular _x__Special COMMITTEE MEMBERS PRESENT: Scott Zana, Jim Goodman, Buzz Douthit, Bennett Chamness and Roy Neneman COMMITTEE MEMBERS ABSENT: Kris Nolan Brown, Hugh Miner OTHERS PRESENT: Staff: Deanna Mesch, Chamber of Commerce Guests/Visitors: Cindy Johnson AGENDA ITEMS PRESENTATION/DISCUSSION RECOMMENDATION/ACTIO N 1. Call to Order Chair Zana called the meeting to order at 9:30 a.m.None 2. Discussion and Approval of 2012- 2013 Annual Budget and District Activities. Zana began by explaining how past assessments had been calculated for Business Improvement District #4 and why the new District was being formed for only a one year period of time. He noted that BID #7 had one more year in its current ‘life’ and that there was a possibility of merging the two South Locust Street BIDS. Johnson discussed financial information and budgets for BID #4 and reviewed the process for anticipating expenditures for 2012-2013. Neneman questioned whether there continued to be a need for a Business Improvement District and noted that the landscaping and lighting was in place. He suggested property owners should take care of their own property and suggested the activities of the District could be accomplished by a neighborhood association without establishing assessments through the city. Zana said that without a BID we would lose the city’s capability to collect funds from delinquent property owners. Zana stated that the new District required support by more than 50% of the property owners within the District. Zana noted that there is no way the South Locust corridor would be where it is without the BID. The proposed 2012-2013 budget for the District was discussed. Discussion was held on the level of assessment needed for the year, based on the anticipated contractor expenses and water bills, the two primary expenses expected to be incurred by the District. Zana and Johnson explained that the reason the assessments for BID #4 were less than $7.00 front foot was because the District had carried over funds from the early years that helped off-set the expenses in later years; with a one year District, there are no funds to carry over. Johnson explained the Board could consider changing the bid specifications for the landscaping/maintenance in order to reduce expenses. She added that the contracted amount included in the budget was based on current expenditures from the current provider and that when the service is actually bid out, the response could be higher, or lower. Zana called for a motion to accept the budget. Motion by Douthit, second by Chamness to approve the budget for 2012-2013. Upon roll call vote, Douthit, Zana, Chamness, Goodman voted aye. Neneman voted nay. Motion to approve the budget for revenue of $34,450 ($7/front foot) was adopted. Johnson explained next steps in the BID creation process and asked the Board to attend the August 14 City Council meeting at which time the issue of creation of the District will be discussed and acted on. Motion by Douthit, second by Chamness to approve a $7.00 assessment for the 2012-13 fiscal year with total budget expenses of $34,450. Motion was adopted with Zana, Goodman, Douthit and Chamness voting yes and Neneman voting no. 6. Adjournment Chair Zana called to adjourn the meeting.The meeting was adjourned at 10:15 a.m. Grand Island Council Session - 8/14/2012 Page 216 / 262 CALLED TO ORDER: By Chair at 9:30 a.m. QUORUM: Yes NOTICE: July 19, 2012, GI Independent ADJOURNED: 10:15 a.m. Recording Secretary: Deanna Mesch, Chamber of Commerce Grand Island Council Session - 8/14/2012 Page 217 / 262 Grand Island Council Session - 8/14/2012 Page 218 / 262 R E S O L U T I O N 2012-217 WHEREAS, the Business Improvement Board for Business Improvement District No. 4 (hereinafter South Locust Business Improvement District 2012) has recommended that the City of Grand Island create a business improvement district along South Locust Street with boundaries in the form hereinafter set forth; and WHEREAS, on July 11, 2012, the Regional Planning Commission recommended approval of the creation of such a business improvement district, WHEREAS, the City Council has determined that a public hearing should be held on the proposed business improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that 1.The proposed boundaries of the South Locust Business Improvement District are described as follows: Beginning at the southeast corner of Section Twenty One (21), Township Eleven (11) North, range Nine (9) West of the 6th P.M. in Grand Island, Hall County, Nebraska; thence west on a line One Hundred (100.0) feet west of and parallel with the line common to Section 21-11-9 and Section 22-11-9 to the north line of the Southeast Quarter (SE1/4) of Section 21-11-9; thence east on the north line of the Southeast Quarter (SE1/4) of Section 21-11-9 and the north line of the Southwest Quarter (SW1/4) of Section 22-11-9 for distance of Two Hundred (200.0) feet; thence south on a line One Hundred (100.0) feet east of and parallel to the line common to Section 21-11-9 and section 22-11-9 to the south line of Section 22-11-9; thence west on the south line of Section 22-11-9 for a distance of One Hundred (100.0) feet to the point of beginning, as shown on the drawings dated May 28, 2002. 2. The proposed district shall be considered in a public hearing before the City Council on August 28, 2012, at 7:00 p.m. in the Council Chambers at City Hall in Grand Island, Nebraska. 3.The proposed public facility and improvements to be made and maintained within the proposed district shall include: maintenance and improvement of the landscaped greenway; maintenance, repair, improvement and replacement of the sprinkler system in the greenway; regular mowing and trimming of the greenway; all facets of the purchase, are and replacement of trees, shrubs and grass and other decorative improvements; snow removal from sidewalks parallel of S. Locust; employment of or contracting for personnel, purchase of equipment, materials, supplies or other expenses accomplish the purposes of the district; other incidental or ongoing expenses as needed for the maintenance, improvement and beautification of the green belt area and to accomplish the goals and objectives of the Business Improvement Board of the district. Approved as to Form ¤ ___________ August 9, 2012 ¤ City Attorney Grand Island Council Session - 8/14/2012 Page 219 / 262 - 2 - 4.The Estimated one-year cost for the South Locust Business Improvement District 2012 improvements and facilities as stated in paragraph 3 above are $34,450. The proposed method by which the revenue shall be raised is by special assessment. 5.The proposed special assessment method by which the revenue shall be raised shall be fair and equitable and shall be based upon the special benefit to the property within the district. 6.A copy of this resolution of intention shall be published one time in the Grand Island Independent, and a copy shall be mailed to each owner of the taxable property as shown by the latest rolls of the Hall county Treasurer. - - - Adopted by the City Council of the City of Grand Island, Nebraska on August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 220 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item I3 #2012-218 - Consideration of Approving Wireless Network Upgrade Contract Staff Contact: Jaye Monter Grand Island Council Session - 8/14/2012 Page 221 / 262 Council Agenda Memo From: Jaye Monter, Finance Director Meeting:August 14, 2012 Subject:Approving Wireless Network Upgrade Item #’s:I-2 Presenter(s):Andrew Duey, City of Grand Island Network Consultant - Duey’s Computing Service, Inc. Background On May 24, 2012 the City of Grand Island issued a request for qualifications to replace the 10 year old existing wireless networks installed at the 4 Fire Stations, Cemetery and Park Maintenance buildings. While the existing wireless radio network continues to function, the equipment is both obsolete and facing increased errors from dropped connections due to interference from trees and other wireless networks as the system ages. The connections currently support network communications for all locations including file and print sharing, internet access, e-mail access, remote desktop sessions, and remote maintenance tools. Discussion Five proposals were received on June 20, 2012; reviewed and scored by Robyn Splattstoesser, IT Manager; Pat Larson, GIS Coordinator; and Andrew Duey, City of Grand Island Network Consultant. The proposal submitted by Calhoun Communications Inc. of Sioux City, Iowa was scored as the best firm to complete the required work. The proposed upgrade will replace the connections to Fire Station 1, Fire Station 2, Fire Station 3, Fire Station 4, Park Maintenance and the City Cemetery. In addition connections will be made to the City Library, City Golf Course, and the Street/Sign/Signal Shop, thereby eliminating the need for monthly fees at these two locations. This upgrade will increase speeds from the existing 2Mbps to at least 100Mbps to the connected sites and reduce dropped connections due to interference. Grand Island Council Session - 8/14/2012 Page 222 / 262 Also included in the proposal are additional connections that will serve as a backup to the existing fiber that connects several remote city offices. We will be connecting standby backup links at Phelps control and the Line/Underground location. These two locations are currently connected with overhead fiber that could easily be severed by falling tree limbs, accidents to utility poles or animals. The Phelps control connection also services internet access to Burdick and PGS. The Line/Underground provides internet access to the Storeroom, Street Division and Fleet Services. The total cost of the proposal for this project from Calhoun Communications including equipment, labor, and backup equipment is $78,410.79. Additional project costs outside this proposal will include up to four, $1,000 conditional use permits needed to install utility poles at Fire Stations 3, 4, the cemetery and possibly Fire Station 2. The City utility department will be installing the utility poles for a cost of $4,000. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the contract with Calhoun Communications Inc. in the amount of $78,410.79. 2.Disapprove or /Deny all of the submitted proposals 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Wireless Network Upgrade with Calhoun Communications Inc. for $78,410.79. Sample Motion Approve the Wireless Network Upgrade with Calhoun Communications Inc. for $78,410.79. Grand Island Council Session - 8/14/2012 Page 223 / 262 Quotation Date 7/16/2012 Quotation No. 4248 City of Grand Island Robyn Splattsoesser 100 E. First Street Grand Island, NE 68801 P.O. Number Terms 50%down/5... FOB sp Project/Job PTP-PTMP Wireless Network Signature _________________________________... 1) For quotation purposes only, applicable taxes and freight not included unless specifically listed above. 2) This Quote is good for 30 days from above date and supercedes all previous quotes. 3) Calhoun installation labor figure does not include travel and living expenses unless specifically stated above. Actual travel and living expenses incurred will be invoiced upon completion of the on-site labor. 4) See attached Terms & Conditions Total Description Qty Cost Total Tsunami MP 8100 Base Station Unit, 300 Mbps, MIMO 3x3, Type-N Connectors - US PoE 5 0.00 1-Year 24x7 Enhanced ServPak (LVL-4)5 0.00 Tsunami MP 8150 Subscriber Unit, 300 Mbps, MIMO 2x2, 23 dBi Integrated antenna - US PoE 11 0.00 1-Year 24x7 Enhanced ServPak (LVL-2)11 0.00 4.9-6GHz, Dual Polarity,Vertical /Horizontal,16.5 dBi Sector Antenna - 60 degrees.Mounting kit Incd. 4 Gigabit Surge Protector w/Shielded RJ45 to be used with MP8100 16 0.00 3', FSJ4-50, Swept w/ Test 10 0.00 Polyphaser Lightning arrestor 2- 6 GHz n male to n female 10 0.00 DB pipe to pipe mount welded center up to 5" dia pipe 4 Page 1 Grand Island Council Session - 8/14/2012 Page 224 / 262 Quotation Date 7/16/2012 Quotation No. 4248 City of Grand Island Robyn Splattsoesser 100 E. First Street Grand Island, NE 68801 P.O. Number Terms 50%down/5... FOB sp Project/Job PTP-PTMP Wireless Network Signature _________________________________... 1) For quotation purposes only, applicable taxes and freight not included unless specifically listed above. 2) This Quote is good for 30 days from above date and supercedes all previous quotes. 3) Calhoun installation labor figure does not include travel and living expenses unless specifically stated above. Actual travel and living expenses incurred will be invoiced upon completion of the on-site labor. 4) See attached Terms & Conditions Total Description Qty Cost Total Universal antenna mount for small antennas including DBS satellite, 2.4 GHz grid dishes, Yagis and more. Grey powder coated, 90 degree tilt for wall or roof mounting, 16 inches tall. 7 0.00 Non penetrating ridge mount 1.66 OD x 5 ft mast w/pad 3 Baird Non penetrating roof mount 2.88 OD x 10 ft mast.1 Outdoor rated Cat 6 cable shielded 3,200 0.00 SPARE: Tsunami MP 8100 Base Station Unit, 300 Mbps, MIMO 3x3, Type-N Connectors - US PoE 1 SPARE: Tsunami MP 8150 Subscriber Unit, 300 Mbps, MIMO 2x2, 23 dBi Integrated antenna - US PoE 1 Misc installation materials 1 Page 2 Grand Island Council Session - 8/14/2012 Page 225 / 262 Quotation Date 7/16/2012 Quotation No. 4248 City of Grand Island Robyn Splattsoesser 100 E. First Street Grand Island, NE 68801 P.O. Number Terms 50%down/5... FOB sp Project/Job PTP-PTMP Wireless Network Signature _________________________________... 1) For quotation purposes only, applicable taxes and freight not included unless specifically listed above. 2) This Quote is good for 30 days from above date and supercedes all previous quotes. 3) Calhoun installation labor figure does not include travel and living expenses unless specifically stated above. Actual travel and living expenses incurred will be invoiced upon completion of the on-site labor. 4) See attached Terms & Conditions Total Description Qty Cost Total Installation of 4 each base station radios and sector antennas on the top level antenna mounting arms at the City Hall Monopole with mounting apparatus, cabling and lightning suppression , installation of 1 each base station and panel antenna at Fire Station 3 with mounting apparatus, cabling and lightning suppression, installation of subscriber units with integrated antennas at Fire 1, Fire 2, Fire 3, Fire 4, Cemetery,Signal and sign, Golf Course, Line/Underground, Phelps and Library along with mounting apparatus, cabling and lightning suppression and test and turn up of complete system. Price includes all travel, lodging and meal expenses. 1 Project total as described above 78,410.79 78,410.79 Page 3 Grand Island Council Session - 8/14/2012 Page 226 / 262 Quotation Date 7/16/2012 Quotation No. 4248 City of Grand Island Robyn Splattsoesser 100 E. First Street Grand Island, NE 68801 P.O. Number Terms 50%down/5... FOB sp Project/Job PTP-PTMP Wireless Network Signature _________________________________... 1) For quotation purposes only, applicable taxes and freight not included unless specifically listed above. 2) This Quote is good for 30 days from above date and supercedes all previous quotes. 3) Calhoun installation labor figure does not include travel and living expenses unless specifically stated above. Actual travel and living expenses incurred will be invoiced upon completion of the on-site labor. 4) See attached Terms & Conditions Total Description Qty Cost Total Calhoun Communications, Inc. will warrant all workmanship for a period of 12 months from date of install. This does not include acts of God such as floods, tornadoes, excessive winds, hail or other natural disasters. A minimum aggregate throughput of 100 Mbps is predicted at all sites. Calhoun Communications, will make necessary adjustments to the network if the throughput does not meet predicted levels. There will be no labor charges for this service. The only exception to this is Fire Station 2. We are unable to install a taller structure at this site. We feel the throughput will meet the minimum expectations but we cannot guarantee this site. If Calhoun Communications technicians are dispatched to Grand Island for a trouble call that is out of the workmanship warranty then a fee of $90.00 per hour per man plus travel expenses will be billed. Travel expenses include motel, mileage, meals and an hourly rate of $65.00 per man for travel time will be charged.The city of Grand Island will install a 60 foot wooden telephone pole at Fire Station 3, Fire Station 4 and the cemetery. Page 4 $78,410.79 Grand Island Council Session - 8/14/2012 Page 227 / 262 Page 1 of 2 Pages Calhoun Communications, Inc. Terms and Conditions Mail: Shipping: P.O. Box 3064 705 Douglas Street Sioux City, Iowa 51102-3064 Suite 540 Telephone: (712) 233-9051 Fax: (712) 233-9056 Sioux City, Iowa 51101 calhouncommunications.com TERMS AND CONDITIONS 1. SELLER: The term “Seller” as used herein will refer to Calhoun Communications, Inc. , except in such instance where the Sales Contract is to acted upon and invoiced by another company or manufacturer, and this is so stated elsewhere in this document; an such instance the Seller’s participation in this transaction shall be limited to that of agent for said manufacturer or company, and said manufacturer or company’s standard terms and conditions of sale will become applicable to this transaction, and are hereby incorporated by reference. These terms of said sale will be made available by Seller upon request. 2. ACCEPTANCE: This Sales Contract (whether it is described on the face hereof as an Invoice, Proposal, Quotation, Purchase Order, Sales Contract or other descriptive term), when verbally agreed to or signed by the Buyer shall constitute an order by the Buyer at such time as such verbal agreement is conveyed to the Seller or when such signed agreement is physically delivered to the Seller, and upon acceptance of such order by the Seller, either in writing by the Seller, or by the Seller making delivery of the articles covered hereunder, shall constitute the only contract between the Buyer and the Seller for the purchase and sale of such articles. Such acceptance shall be deemed completed at Seller’s office located at the address set forth elsewhere in this document, and shall be regarded as an Iowa contract. Further, any litigation to resolve any controversies under such contract shall be brought in Woodbury County courts of The State of Iowa, and in no other jurisdiction. In addition, this contract and the terms and conditions herein set forth may be changed only by written agreement of the parties, and in order to effect such change to this contract or any part thereof, any such changes or additions shall be marked on the face of this Sales Contract and must be initialed by both the Buyer and the Seller. 3. PRICES AND TERMS OF PAYMENT: Prices of articles covered herein based upon a cash transaction and are FOB point of shipment unless otherwise indicated. Seller reserves the right to adjust the price of articles covered herein to current prices in effect immediately prior to shipment. Terms of payment are cash with order, unless other terms are agreed to and stated within this Sales Contract. 4. SALES AND USE TAXES: Unless otherwise shown on this Sales Contract, no sales, use or excise taxes are included as a part of this Sales Contract. Buyer agrees to reimburse the Seller for ANY such taxes which may be assessed against and become payable by the Seller. 5. DELIVERY: Unless otherwise specified elsewhere in this Sales Contract, all shipments shall be FOB from point of shipment, and Buyer shall pay all shipping and insurance costs. Buyer shall have full responsibility for any loss of or damage to articles covered by this Sales Contract after delivery thereof by the Seller to the Carrier for shipment. If any articles are lost or damaged in shipment, it shall be the Buyer’s responsibility to file any necessary claims with the Carrier. Grand Island Council Session - 8/14/2012 Page 228 / 262 Page 2 of 2 Pages Calhoun Communications, Inc. Terms and Conditions 6. RETURNS: Articles shipped as a part of this Sales Contract are not returnable for credit. Articles may be exchanged or returned for credit only at the sole discretion of the Seller. No articles may be returned to the Seller without prior written return authorization. Seller assumes NO responsibility for unauthorized returns. 7. WARRANTY: All articles listed in this Sales Contract are covered only by warranties issued by the original equipment manufacturer. Copies if individual article warranties are available from the Seller upon request. Except as set forth herein and except as to title, there are no warranties, or any affirmations of fact or promises by Seller with reference to the articles, or to the merchantability, fitness for particular application, signal coverage, infringement, or otherwise, which extend beyond the description of the articles contained herein. 8. DAMAGES: In consideration for any discounts given to Buyer from the manufacturer’s published price, and in consideration of the other terms and conditions contained herein, Buyer agrees that the Seller shall in no event be liable for consequential, special or indirect damages arising out of or connected with this Sales Contract, including but not limited to claims by Buyer resulting from the manufacture, sale, delivery, resale, repair or use of any article or service covered by this Sales Contract. 9: TITLES AND REMEDIES: Until full payment of all obligations of Buyer hereunder (whether represented by notes, open account, judgment, or otherwise), Seller reserves title to all articles contained herein, or hereafter in connection therewith, whether or not the same is attached to the realty, and the same shall be considered as personal property and subject to the Purchase Money Security interest of the Seller hereby granted by Buyer. In addition to and in no way limited by the provisions hereof, and subject and in addition to the terms of any security agreement between Seller and Buyer, If Buyer defaults in paying or performing any of his obligations hereunder, or becomes subject to insolvency, receivership or bankruptcy proceedings, or makes an assignment for the benefit of creditors or Buyer, without the prior written consent of Seller, sells, transfers, leases or mortgages the same, or moves it to another site, or any lien is placed herein, or other persons have or acquire an interest therein, or it is seized or attached by process of law, then in any such event Buyer shall be deemed to be in default hereunder. In the event of default hereunder by Buyer, Seller may at his option, with or without notice, treat all amounts owing hereunder by Buyer, regardless of maturity date, to be immediately due and payable (subject to such credits as are required by law in order to enforce this Sales Contract) ; and repossess articles delivered to Buyer hereunder. Seller may also upon such notice, if any, as required by law, keep the articles as its own, free from any claim on part of Buyer, retaining as compensation for the use or decrease in value of the articles all payments made thereon by Buyer. 10: GENERAL PROVISIONS: a. The waiver by Seller of any breach or any term, condition or covenant herein shall not be deemed a waiver of any other breach or any other term, condition or covenant. Section headings herein are for convenience and shall not be deemed to be among the terms, conditions or covenants herein. b. Each provision of this Sales Contract is severable and, in the event that any one or more thereof may be declared invalid, the remainder shall nonetheless remain in full force and effect. c. Seller reserves the right to correct clerical or typographical errors at any time without penalty. Grand Island Council Session - 8/14/2012 Page 229 / 262 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR WIRELESS NETWORK UPGRADE RFP DUE DATE:June 20, 2012 at 4:00 p.m. DEPARTMENT:Information Technology PUBLICATION DATE:May 24, 2012 NO. POTENTIAL BIDDERS:6 SUMMARY OF PROPOSALS RECEIVED Hummingbird Networks Platte Valley Communications Simi Valley, CA Grand Island, NE D-El-Com LLC Windstream Giltner, NE Omaha, NE Calhoun Communications, Inc. Sioux City, IA cc:Jaye Monter, Finance Director Robyn Splattstoesser, IT Manager Mary Lou Brown, City Administrator Jason Eley, Purchasing Agent P1562 Grand Island Council Session - 8/14/2012 Page 230 / 262 RESOLUTION 2012-218 WHEREAS, the City of Grand Island invited proposals to upgrade the existing wireless network with an updated system to connect remote sites to the network located at City Hall, and WHEREAS, proposals were received, reviewed and evaluated in accordance with the established criteria in the RFQ; and WHEREAS, Calhoun Communications Inc. of Sioux City, Iowa submitted a proposal to upgrade the wireless network connecting remote locations at Fire Station 1, Fire Station 2, Fire Station 3, Fire Station 4, City Cemetery, Park Maintenance, City Golf Course, Streets/Sign/Signal Shop, City Library to City Hall in the amount of $78,410.79 and WHEREAS, the proposed agreement has been reviewed and approved by the City Attorney’s office; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Calhoun Communications, Inc. of Sioux City, Iowa for wireless network upgrade costs of $78,410.79 for the City of Grand Island is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. Jay Vavricek, Mayor Attest: Brenda Sutherland, Acting City Clerk Approved as to Form August 7, 2012 City Attorney Grand Island Council Session - 8/14/2012 Page 231 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item I4 #2012-219 - Consideration of Approving Dell Computer Equipment for City of Grand Island Network Staff Contact: Jaye Monter Grand Island Council Session - 8/14/2012 Page 232 / 262 Council Agenda Memo From: Jaye Monter, Finance Director Meeting:August 14, 2012 Subject:Approving Dell Computer Equipment purchase for Network Disaster Recovery Plan Item #’s:I-3 Presenter(s):Andrew Duey, City of Grand Island Network Consultant - Duey’s Computing Service, Inc. Background The datacenter in city hall currently houses about 12tb (terrabytes) of computer information. The information stored in these systems enables the city staff to do their jobs supporting almost every city function. Currently these systems are backed up primarily to a tape backup system and then the tapes are sent offsite daily. In the event of a disaster at city hall these tapes would be restored to physical servers which we currently do not have. Discussion The IT department has been working on a disaster recovery plan to lessen the amount of downtime in the event of a disaster. The Plan starts with having the needed equipment in a location other than city hall. We are proposing locating our backup equipment at the Platte Generating Station (PGS) because they are connected by high speed fiber optic lines. The disaster recovery plan also revolves around being able to get access to the City’s large amount of stored information quickly. With those goals, we propose replacing the current 12tb SAN disk arrays (the core of the city hall datacenter’s storage units) with (2) SAN units that will each have 18tb of usable storage space. The main unit will be located in the city hall datacenter while the other unit will be located at PGS. The backup SAN unit located at PGS will mirror the city hall unit and provide a near real-time backup. In addition to providing faster recovery in the event of a major disaster (fire, flood, tornado, etc.) the unit at PGS can also be used remotely in the event the unit at city hall fails for smaller reasons (failed parts, power problem, etc.). Grand Island Council Session - 8/14/2012 Page 233 / 262 The purchase includes two Dell EqualLogic PS4100X units as well as a 42U rack to be placed at PGS. Dell was selected as the vendor for this equipment for several reasons including: The City’s network was built in 1997 with Dell equipment that has proven reliability, great longevity and warranty support. Staying with Dell increases the interoperability with existing equipment and continuity of support. The equipment can be purchased through the Nebraska state contract which has already gone through a bidding process; Contract No. 12551 OC. The total cost of both SAN units and 42U rack from Dell is $64,033.72. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the purchase of $64,033.72 from DELL Marketing LP 2.Disapprove or /Deny 3.Postpone the issue to a future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase from Nebraska State Contract No. 12551 OC, Vendor DELL Marketing LP in the amount of $64,033.72 for two SAN units and one 42U rack. Sample Motion Approve the purchase from DELL Marketing LP, in the amount of $64,033.72. Grand Island Council Session - 8/14/2012 Page 234 / 262 DELL QUOTATION QUOTE #: 628675516 Customer #: 57684 Contract #: WN19ACA CustomerAgreement #: 12551 OC Quote Date: 8/8/12 Date: 8/8/12 2:53:14 PM Customer Name: CITY OF GRAND ISLAND TOTAL QUOTE AMOUNT: $62,904.42 Product Subtotal: $62,904.42 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 QUANTITY: 2 SYSTEM PRICE: $31,452.21 GROUP TOTAL: $62,904.42 Base Unit: Dell EqualLogic PS4100X, Mainstream Performance, 10K SAS Drives (225-1078) Processor: 21.6TB capacity, 10K SAS, 24x 900GB (342-3385) Hard Drive Controller: Dual Controller, HA with failover (331-2530) Mouse: Implementation of EqualLogic Replication (931-1049) Documentation Diskette: EqualLogic array may not be returned (468-8817) Factory Installed Software: Asynchronous Replication (468-7110) Software Disk Two: Snaps/Clones with integration for MS SQL, Exchange, Hyper V and VMware (468-7155) Feature SAN HQ multi group monitoring software (468-7156) Feature RackRails, RapidRails for Dell Rack (330-6048) Service: ProSupport: Next Business Day Onsite Service After Problem Diagnosis, 4 Year Extended (929- 7634) Service: ProSupport: 7x24 HW / SW Tech Support and Assistance, 5 Year (929-7654) Service: Dell Hardware Limited Warranty Initial Year (932-8307) Service: Dell Hardware Limited Warranty Extended Year (936-8168) Service: EqualLogic Advanced Software Warranty and Service,7x24 Access,5 Year (936-8208) Service: ProSupport: Next Business Day Onsite Service After Problem Diagnosis, Initial Year (957-9480) Service: Dell ProSupport. For tech support, visit http://support.dell.com/ProSupport or call 1-800-945- 3355 (989-3439) Installation: Remote Implementation of a Dell Equallogic Array (961-3859) Support: Proactive Maintenance Service, EQL, 1 Event per yr, 1 yr (926-2989) Service One: EqualLogic Reference Architecture,S25N/S50N,PS4100, upto 2 arrays (995-7159) Service Two: 1 Yr 1 Case Remote Advisory Service (996-3179) Misc: Power Cord, NEMA 5-15P to C13, 15 amp, wall plug, 6 feet / 2 meter (310-9965) Misc: Power Cord, NEMA 5-15P to C13, 15 amp, wall plug, 6 feet / 2 meter (310-9965) SALES REP: NATALIE LONG PHONE: 1800-274-3355 Email Address: Natalie_Long@Dell.com Phone Ext: 5139079 Page 1 of 2 8/8/2012file://C:\Users\RobynS\AppData\Local\Microsoft\Windows\Temporary Internet Files\Conte... Grand Island Council Session - 8/14/2012 Page 235 / 262 Please review this quote carefully. You may order online by signing into Premier at www.premier.dell.com. Click on the eQuotes link. To order without Premier, go to www.dell.com/qto. If you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.com/terms as follows: If purchasing for your internal use, your order will be subject to Dell's Terms and Conditions of Sale-Direct including Dell's U.S. Return Policy, at www.dell.com/returnpolicy#total. If purchasing for resale, your order will be subject to Dell's Terms and Condition of Sale for Persons or Entities Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.dell.com/partner. If your order includes services, visit www.dell.com/servicecontracts for service descriptions and terms. Quote information is valid for U.S. customers and U.S. addresses only, and is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on "Bill To" address. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, with seller listed as Dell Marketing L.P, to Dell's Tax Department at 800-433-9023. Please include your Customer Number. For certain products shipped to end-users in California, a State Environmental Fee will be applied. For Asset Recovery/Recycling Services, visit www.dell.com/assetrecovery. Page 2 of 2 8/8/2012file://C:\Users\RobynS\AppData\Local\Microsoft\Windows\Temporary Internet Files\Conte... Grand Island Council Session - 8/14/2012 Page 236 / 262 Grand Island Council Session - 8/14/2012 Page 237 / 262 RESOLUTION 2012-219 WHEREAS, the Information Technology Division of the Finance Department Continually works on securing and protecting the city’s computer network; and WHEREAS, the Information Technology Division needs to purchase equipment for a Disaster Recovery plan at an offsite location from City Hall; and WHEREAS, there exists a State of Nebraska Contract Number 12551 OC for DELL computer equipment; and WHEREAS, the cost for such equipment totals $64,033.82 to purchase (2) SAN units and one 42U Rack; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Information Technology Division is hereby authorized to purchase equipment as referenced by Dell Quote #628675516 and #628586277. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 22, 2012. Jay Vavricek, Mayor Attest: Brenda Sutherland, Acting City Clerk Approved as to Form May 22, 2012 City Attorney Grand Island Council Session - 8/14/2012 Page 238 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item I5 #2012-220 - Consideration of Accepting the Resignation of City Administrator Mary Lou Brown Staff Contact: Councilmember Chuck Haase Grand Island Council Session - 8/14/2012 Page 239 / 262 Council Agenda Memo From:Chuck Haase, Ward 5 City Council Representative Meeting:August 14, 2012 Subject:Acceptance of City Administrator Resignation Item #’s:I–4 Presenter(s):Chuck Haase Background The City Administrator appointment is recommended by the Mayor and approved by the City Council. The resignation or termination of the City Administrator has the same un- appointment authority, whereas the Mayor announced his acceptance of the City Administrator’s resignation during the June 26, 2012 Regular City Council Meeting. Discussion The resolution provided tonight provides for the City Council acceptance of the resignation of Mary Lou Brown, City Administrator effective June 27, 2012, and her advisory role until September 30, 2012 as requested by her resignation letter. 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 Councilmember Haase recommends that the Full City Council approve the resolution and accept Mary Lou Brown’s resignation as requested. Grand Island Council Session - 8/14/2012 Page 240 / 262 Sample Motion Move to approve Resolution 2012-221. Grand Island Council Session - 8/14/2012 Page 241 / 262 Grand Island Council Session - 8/14/2012 Page 242 / 262 Grand Island Council Session - 8/14/2012 Page 243 / 262 Grand Island Council Session - 8/14/2012 Page 244 / 262 Grand Island Council Session - 8/14/2012 Page 245 / 262 Grand Island Council Session - 8/14/2012 Page 246 / 262 Grand Island Council Session - 8/14/2012 Page 247 / 262 Grand Island Council Session - 8/14/2012 Page 248 / 262 Grand Island Council Session - 8/14/2012 Page 249 / 262 Grand Island Council Session - 8/14/2012 Page 250 / 262 Grand Island Council Session - 8/14/2012 Page 251 / 262 Grand Island Council Session - 8/14/2012 Page 252 / 262 Grand Island Council Session - 8/14/2012 Page 253 / 262 Grand Island Council Session - 8/14/2012 Page 254 / 262 Grand Island Council Session - 8/14/2012 Page 255 / 262 Grand Island Council Session - 8/14/2012 Page 256 / 262 Grand Island Council Session - 8/14/2012 Page 257 / 262 Grand Island Council Session - 8/14/2012 Page 258 / 262 Grand Island Council Session - 8/14/2012 Page 259 / 262 Approved as to Form ¤ ___________ August 16, 2012 ¤ City Attorney R E S O L U T I O N 2012-220 WHEREAS, the City council, in the Employment Agreement, states the following: it is the desire of the City Council to: (1) secure and retain the services of the Employee and to provide inducement for her to remain in such employment; (2) to make possible full work productivity by ensuring Employee’s morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; (4) to provide a just means for terminating Employee’s services at such time as she may be unable to fully discharge her duties or as events may otherwise occur; and (5) to provide a just means for a clearly defined professional voluntary employment separation agreement and WHEREAS, under Section 5 of Mary Lou Brown’s employment agreement, the City Council clearly states a goal to clearly define a separation agreement; and WHEREAS, on June 27, 2012 Mary Lou Brown submitted a termination letter which was accepted by the Mayor on June 26th as stated in the City Council regular meeting, and WHEREAS, the City Council accepts the resignation of Mary Lou Brown as of June 27th and her consulting arrangement through September 30, 2012; and WHEREAS, the City Council is a required approver on appointment, the City Council shall also be in a position to accept or reject her resignation as submitted; and WHEREAS, Mary Lou Brown has submitted her resignation, the Mayor having accepted her resignation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the City Council accepts the resignation and terms provided in the employment agreement and resignation document dated June 27, 2012. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 14, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 8/14/2012 Page 260 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item J1 Approving Payment of Claims for the Period of July 25, 2012 through August 14, 2012 The Claims for the period of July 25, 2012 through August 14, 2012 for a total amount of $4,837,209.53 A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 8/14/2012 Page 261 / 262 City of Grand Island Tuesday, August 14, 2012 Council Session Item X1 Strategy Session with Respect to Collective Bargaining (IAFF). The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Brenda Sutherland Grand Island Council Session - 8/14/2012 Page 262 / 262