12-04-2012 City Council Regular Meeting Packet
City of Grand Island
Tuesday, December 4, 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
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City of Grand Island Tuesday, December 4, 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 - Pastor Harvey Johnson, Messiah Lutheran Church, 708 North
Locust Street
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 - 12/4/2012 Page 2 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item -1
Approving Minutes of November 27, 2012 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 12/4/2012 Page 3 / 116
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 27, 2012
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on November 27, 2012. Notice of the meeting was given in The Grand Island
Independent on November 21, 2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert,
Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Vaughn Minton, and John Gericke. The
following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae
Edwards, City Attorney Robert Sivick, Interim Public Works Director Terry Brown and Finance
Director Jaye Monter.
INVOCATION was given by Father Todd Philipsen, Blessed Sacrament Catholic Church, 518
West State Street followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Emma Kreutzer.
PRESENTATIONS AND PROCLAMATIONS:
Presentation of the “Mayor’s Builder Award” – Third City Community Clinic Dr. Sara Graybill,
2012 Physician Volunteer of the Year and Dr. Timothy Jacobs, 2012 Dentist Volunteer of the
Year. Mayor Vavricek presented the “Mayor’s Builder Award” to Third City Community Clinic
Dr. Sara Graybill 2012 Physician of the Year and Dr. Timothy Jacobs, 2012 Dentist Volunteer of
the Year. Dr. Graybill, Mrs. Jacobs on behalf of Dr. Timothy Jacobs and his son Luke were
present for the recognition. Also present and recognized was Susan Aguilar.
Recognition of Grand Island Central Catholic Girls Volleyball Team for Class C-1 State
Qualifiers. The Mayor and City Council recognized the Grand Island Central Catholic Girls
Volleyball Team and Coach Sharon Zavala for qualifying for State in Class C-1. Six girls from
the team were present.
Recognition of Grand Island Northwest Girls Volleyball Team for Class “B” State
Championship. The Mayor and City Council recognized the Grand Island Northwest Girls
Volleyball Team and Coach Diane Rouzee for the Class “B” State Championship. Thirteen girls
from the team were present along with Coach Rouzee and staff.
Recognition of State Volleyball Tournament Recruitment Success to Grand Island. The Mayor
and City Council recognized the efforts of Cindy Wells; Orv Qualsett; Convention Visitors
Bureau; Sports Council; Heartland Events Center; Fonner Park, Nebraska School Activities
Association; Northwest High School; Central Catholic High School; and Grand Island Senior
High School for their successful efforts in recruiting the State Volleyball Tournaments for Grand
Island. Present were Cindy Wells, Liz Gerberding, Dianne Willey, and Howard Schumann.
Grand Island Council Session - 12/4/2012 Page 4 / 116
Page 2, City Council Regular Meeting, November 27, 2012
PUBLIC HEARINGS:
Public Hearing on Request from Douglas & Mikaela Westerby on behalf of William Gulzow for
a Conditional Use Permit for a Car Dealership Located at 233 East 2nd Street. Building
Department Director Craig Lewis reported that Douglas & Mikaela Westerby on behalf of
William Gulzow had applied for a Conditional Use Permit for the operation of an outdoor sales
lot for new and used motor vehicles at 223 East 2nd Street. Staff recommended approval with
conditions in City Code Section 36-105 along with removal of any encroachments in the right of
way. Douglas & Mikaela Westerby, 3620 Catfish Avenue and William Gulzow, 2312 Viking
Court spoke in support. No further public testimony was heard.
Public Hearing on Amendment to the Redevelopment Plan Area 10 Located at 809-811 South
Kimball Street. Regional Planning Director Chad Nabity reported that Token Properties LLC,
developer, had submitted a proposed site specific redevelopment plan that would provide for site
acquisition, clearance and extension of utilities and subsequent construction of a duplex at 809
and 811 Kimball Avenue. Staff recommended approval. No public testimony was heard.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9410 - Consideration of City Council’s Approval of All Individual City Negotiators
#9411 - Consideration of Amending Section 2-21 of the Grand Island City Code
Regarding Compensation for Elected Officials (Council)
#9412 - Consideration of Amending Section 2-18 of the Grand Island City Code
Regarding Compensation for Elected Officials (Mayor)
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9410 - Consideration of City Council’s Approval of All Individual City Negotiators
Councilmember Larry Carney stated he brought this forward because he thought it to be in the
City’s best interest. Mentioned was that the negotiation team speaks for the Council with no
input or approval from Council.
Margaret Hornady, 2708 Arrowhead Road spoke in opposition.
Motion by Carney, second by Haase to approve Ordinance #9410.
A lengthy discussion followed. Clarified was that this ordinance would not allow
Councilmembers to sit in on negotiations or select the negotiation team, but would allow the
Council to approve the negotiation team and strategies. Comments were made that the Council
had the final decision on all contracts and if it wasn’t broken, don’t fix it.
Grand Island Council Session - 12/4/2012 Page 5 / 116
Page 3, City Council Regular Meeting, November 27, 2012
Human Resources Director Brenda Sutherland commented on the process of negotiations,
sharing information with the council during executive sessions, the make-up of the negotiation
team, and the cost of an outside negotiator.
City Clerk: Ordinance #9410 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Haase, Carney,
Niemann, Donaldson, Dugan, and Gericke voted aye. Councilmembers Ramsey, Gilbert,
Nickerson, and Minton voted no. Motion adopted.
City Clerk: Ordinance #9410 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Councilmembers Haase, Carney,
Niemann, Donaldson, Dugan, and Gericke voted aye. Councilmembers Ramsey, Gilbert,
Nickerson, and Minton voted no. Motion adopted.
Mayor Vavricek stated he was not in support of this ordinance. All union contracts in the past
years had been approved and felt the current process wasn’t broken. Mayor then vetoed the vote.
Motion by Carney, second by Gericke to override the veto. Upon roll call vote, Councilmembers
Haase, Carney, Niemann, Donaldson, Dugan, and Gericke voted aye. Councilmembers Ramsey,
Gilbert, Nickerson, and Minton voted no. Motion failed.
#9411 - Consideration of Amending Section 2-21 of the Grand Island City Code
Regarding Compensation for Elected Officials (Council)
City Attorney Robert Sivick reported that this was similar to the Ordinance brought forward two
weeks ago. The compensation for Council would increase from $6,000 to $9,000 to be effective
December 4, 2012.
Margaret Hornady, 2708 Arrowhead Road stated Council did need a raise but had concerns
regarding the budget. Mentioned was that this be reviewed more often than every ten years.
Motion by Gericke, second by Carney to approve Ordinance #9411. Discussion was held
regarding other cities’ salaries and benefits.
Motion by Niemann, second by Gericke to amend the motion to add that a review of salary
increases for the Council be done every two years.
Motion by Nickerson, second by Minton to amend the motion to change the annual amount from
$9,000 to $7,200. Finance Director Jaye Monter stated the money would come from the non-
department line item. Upon roll call vote, Councilmembers Haase, Ramsey, Gilbert, Nickerson,
Donaldson, Dugan, and Minton voted aye. Councilmembers Carney, Niemann and Gericke voted
no. Motion adopted.
Upon roll call vote to amend the motion to add that a review of salary increases for the Council
be done every two years, Councilmembers Haase, Carney, Niemann, Ramsey, Gilbert,
Nickerson, Donaldson, Dugan, and Gericke voted aye. Councilmember Minton voted no. Motion
adopted.
Grand Island Council Session - 12/4/2012 Page 6 / 116
Page 4, City Council Regular Meeting, November 27, 2012
City Clerk: Ordinance #9411 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9411 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9411 is declared to be lawfully adopted upon publication as required by law.
#9412 - Consideration of Amending Section 2-18 of the Grand Island City Code
Regarding Compensation for Elected Officials (Mayor)
Councilmember John Gericke stated this Ordinance would raise the Mayor’s salary from
$13,000 to $16,000 per year beginning 2014.
Motion by Gericke, second by Niemann to approve Ordinance #9412.
Motion by Gericke to amend the annual compensation from $16,000 to $14,200. Motion died
due to lack of a second.
Motion by Dugan, second by Niemann to amend the motion and add a review of this salary
during the budget of the fiscal year prior to the General Election. Upon roll call vote,
Councilmembers Haase, Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and
Minton voted aye. Councilmember Gericke voted no. Motion adopted.
City Clerk: Ordinance #9412 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9412 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9412 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Ramsey, second by Niemann to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of November 13, 2012 City Council Regular Meeting.
Approving Re-Appointment of Jolene Wojcik to the Grand Island Facilities Corporation Board.
Approving Liquor Manager Designation for Sage Rath, 2539 Del Monte Avenue for Ruby
Tuesday, 3429 West 13th Street.
#2012-340 – Approving Bid for Four (4) Outdoor Warning Sirens with Federal Signal
Corporation of University Park, IL in an amount of $54,476.00.
Grand Island Council Session - 12/4/2012 Page 7 / 116
Page 5, City Council Regular Meeting, November 27, 2012
#2012-341 – Approving Increase to the Bid Award to Rinker Materials for the Southwest Outfall
Drainage Pipe; Drainage Project NO. 2011-D-1 in an Amount of $208,403.88.
REQUESTS AND REFERRALS:
Consideration of Request from Douglas & Mikaela Westerby on behalf of William Gulzow for a
Conditional Use Permit for a Car Dealership Located at 223 East 2nd Street. This item related to
the aforementioned Public Hearing.
Motion by Donaldson, second by Minton to approve the request with conditions. Upon roll call
vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2012-342 – Approving Revised Fiscal Year Budget Authority for the North Interceptor – Phase
1 Improvements; Project 2012-S-6. Interim Public Works Director Terry Brown reported that the
North Interceptor project consisted of multiple phases budgeted over multiple years. Black and
Veatch recommended the City consolidate Phase 1A and Phase 1B, ($5,136,035) budgeted over
FY 2013 and FY 2014 into FY 2031 to save money. He answered questions stating there would
be no effect on rate payers and the money would be borrowed. Finance Director Jaye Monter
explained the Capital Budget for WWTP and budget authority vs. actual expense.
Motion by Haase, second by Niemann to approve Resolution #2012-342. Upon roll call vote, all
voted aye. Motion adopted.
#2012-343 – Approving Amendment to the Redevelopment Plan Area 10 Located at 809-811
South Kimball Street. This item related to the aforementioned Public Hearing item.
Motion by Gilbert, second by Donaldson to approve Resolution #2012-343. Upon roll call vote,
all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of November 14,
2012 through November 27, 2012, for a total amount of $5,084,367.62. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 9:20 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 12/4/2012 Page 8 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item -2
Acceptance of Election Certificate
State law requires the governing body to formally accept the certificate of election issued by the Hall
County Election Commissioner for the November 6, 2012 City Council General Election. An election
certificate containing the vote totals and results is attached. A MOTION to accept the election certificate
is in order.
Staff Contact: RaNae Edwards
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City of Grand Island
Tuesday, December 4, 2012
Council Session
Item -3
Comments by Outgoing Officials
This is an opportunity for comments by the outgoing elected Officials.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2012
Council Session
Item -4
Recess
The meeting will be recessed momentarily to prepare for the transition to the new governing body. The
newly elected officials will remain seated in the audience until such time as they are called forward for
the Oath of Office which will be administered by the City Clerk at the podium.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2012
Council Session
Item -5
Administration of Oath of Office to Newly Elected
Councilmembers
City Clerk RaNae Edwards will administer the Oath of Office to newly elected Councilmembers Julie
Hehnke - Ward 3 and Mike Paulick - Ward 4 and the three returning Councilmembers Bob Niemann -
Ward 1, Scott Dugan - Ward 2, and Chuck Haase - Ward 5.
Staff Contact: RaNae Edwards
Grand Island Council Session - 12/4/2012 Page 14 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item -6
Seating of Newly Elected Councilmembers followed by Roll Call
Following the administration of the Oath of Office to Councilmembers Bob Niemann, Scott Dugan,
Julie Hehnke, Mike Paulick, and Chuck Haase, along with the current Councilmembers, seating will
take place at the City Council table. Roll call will follow.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2012
Council Session
Item -7
Comments by Newly Elected Officials
At this time, comments will be made by the newly elected Officials.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2012
Council Session
Item -8
Election of City Council President
The City Council is required to elect one Councilmember to the office of Council President. The term is
for a one-year period. The Council President automatically assumes the duties of the Mayor in the event
that the Mayor is absent or otherwise unable to fulfill his/her duties. Nebraska law allows the election of
the Council President to be by secret ballot. The total number of votes for each candidate; however, must
be stated and recorded in the Minutes. Past practice has included a run-off election between the top two
nominees, if necessary. The City Clerk will prepare, distribute, and count ballots. Nominations to fill the
vacancy are in order. A second is not required on nominations.
Staff Contact:
Grand Island Council Session - 12/4/2012 Page 17 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item E1
Public Hearing Regarding State Revolving Funds for the Extension
of City Sanitary Sewer along US Highway 281 to Interstate 80
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 12/4/2012 Page 18 / 116
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:December 4, 2012
Subject:Public Hearing Regarding State Revolving Funds for the
Extension of City Sanitary Sewer along US Highway 281
to Interstate 80
Item #’s:E-1
Presenter(s):Terry Brown, Interim Public Works Director
Background
The City was approached by Nebraska Department of Environmental Quality (NDEQ)
and several businesses along US Highway 281 in the vicinity of Interstate 80 about the
possibility of extending City sanitary sewer to serve their property. The businesses
currently treat their wastewater and will have to invest significant dollars into their
existing treatment systems, in order to address permit issues with the Nebraska
Department of Environmental Quality (NDEQ) National Pollutant Discharge Elimination
System (NPDES).
As an alternative, the dollars that the businesses would spend upgrading their private
systems could be put towards a public/private project to extend City sanitary sewer to
serve their properties. With the potential for a significant investment into private
wastewater treatment systems, it is prudent to consider extending City sanitary sewer.
Discussion
The sanitary sewer project consists of an extension of gravity sewer beginning at the
southeast corner of Wildwood Subdivision (tie in to City system) and will include
approximately: 205 l.f. of 24” gravity sewer followed by 4,863 l.f. of 21” gravity sewer
followed by 5,518 l.f. of 18” gravity sewer terminating at north bank of Platte River near
Bosselman Travel Center. A new lift Station near Quality Inn Motel will be able to pump
to the gravity sewer. Additionally, 6,500 l.f. of 6” or 8” force main sewer from the lift
station near Quality Inn Motel would then be installed to connect to gravity sewer near
Bosselman Travel Center. This system is sized appropriately for possible future
connections in the area.
Grand Island Council Session - 12/4/2012 Page 19 / 116
The total project cost is estimated at $2.5 million, with funding provided from the NDEQ
State Revolving Funds (SRF) at 2.5% interest for 20 years. The funding is expected to be
repaid through tap fees, via an Interlocal Agreement or Sanitary Sewer Improvement
District and would not affect the existing sewer rates for the Grand Island sewer
customers. There is also approximately $350,000 in environmental penalty money from
JBS Swift that will be applied to this project or the Wildwood sanitary sewer project.
Conclusion
This public hearing is being held to allow for general information and discussion on the
proposed project and allow for interested parties to appear and express their views.
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City of Grand Island
Tuesday, December 4, 2012
Council Session
Item F1
#9413 – Consideration of Amending Salary Ordinance Relative to
Crime Analyst
Staff Contact: Brenda Sutherland
Grand Island Council Session - 12/4/2012 Page 25 / 116
Council Agenda Memo
From:Brenda Sutherland, Human Resources Director
Meeting:December 4, 2012
Subject:Consideration of Approving Salary Ordinance No. 9413
Item #’s:F - 1
Presenter(s):Brenda Sutherland, Human Resources Director
Background
Wages for City employees are presented to the City Council for approval in the form of a
salary ordinance.
Discussion
An ordinance is being brought forward for Council consideration to support the salary
table for the new position in the Police Department – Crime Analyst. The addition of this
position was recommended in the ICMA Safety Study and later presented by Chief
Lamken to Council as a part of the 2012/2013 implementation. The addition of this
position was proposed and approved in the 2012/2013 budget.
This is a civilian position and part of the non-union employee group. The salary table was
based on comparable positions within the Midwest region. This action is required to fill
the position.
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 - 12/4/2012 Page 26 / 116
Recommendation
Recommend approval of Salary Ordinance No. 9413
Sample Motion
Move to approve Salary Ordinance No. 9413
Grand Island Council Session - 12/4/2012 Page 27 / 116
Approved as to Form ¤ ___________
¤ City Attorney
ORDINANCE NO. 9413
An ordinance to amend Ordinance 9408 known as the Salary Ordinance which
lists the currently occupied classifications of officers and employees of the City of Grand Island,
Nebraska and established the ranges of compensation of such officers and employees; to amend
the salary ranges of the employees covered under the IAFF labor agreementadd the non-union
position and salary range of Crime Analyst; to amend the IAFF uniform allowance; to add a
VEBA contribution to employees covered under the IAFF labor agreement; and to repeal those
portions of Ordinance No. 9408 and any parts of other ordinances in conflict herewith; to provide
for severability; to provide for the effective date thereof; and to provide for publication of this
ordinance in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The currently occupied classifications of officers and general
employees of the City of Grand Island, and the ranges of compensation (salary and wages,
excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such
classifications, and the number of hours and work period which certain officers and general
employees shall work prior to overtime eligibility are as follows:
Classification
Hourly Pay Range Min/Max
Overtime
Eligibility
Accountant 22.4279/31.6234 Exempt
Accounting Technician – Solid Waste 15.5678/20.4664 40 hrs/week
Assistant to the City Administrator 21.8156/30.7100 Exempt
Assistant Utilities Director – Distribution 42.3235/59.5726 Exempt
Assistant Utilities Director – Production 45.8314/64.5335 Exempt
Assistant Utilities Director – Transmission 45.8314/64.5335 Exempt
Attorney 27.9079/43.0605 Exempt
Biosolids Technician 17.6851/24.8946 40 hrs/week
Grand Island Council Session - 12/4/2012 Page 28 / 116
ORDINANCE NO. 9413(Cont.)
- 2 -
Classification
Hourly Pay Range Min/Max
Overtime
Eligibility
Building Department Director 32.6923/46.5165 Exempt
CADD Operator 20.0830/28.3238 40 hrs/week
Cemetery Superintendent 19.0049/26.7560 Exempt
City Administrator 55.9204/78.6858 Exempt
City Attorney 38.6391/54.3834 Exempt
City Clerk 23.3413/32.8583 Exempt
Civil Engineering Manager – Utility PCC 33.2113/47.4194 Exempt
Collection System Supervisor 22.4072/31.8516 40 hrs/week
Community Service Officer 12.5580/17.0727 40 hrs/week
Crime Analyst 16.9250/23.9146 40 hrs/week
Custodian – Library, Police 11.5082/16.2398 40 hrs/week
Customer Service Representative – Part time 8.3028/12.4542 40 hrs/week
Electric Distribution Superintendent 32.4329/44.4511 Exempt
Electric Distribution Supervisor 27.3888/37.5598 40 hrs/week
Electric Underground Superintendent 28.8834/39.5940 Exempt
Electrical Engineer I 26.2888/36.2831 Exempt
Electrical Engineer II 30.4920/42.0433 Exempt
Emergency Management Deputy Director 22.1684/30.3155 Exempt
Emergency Management Director 31.5506/43.1330 Exempt
Engineering Technician - WWTP 19.5842/27.6691 40 hrs/week
Equipment Operator - Solid Waste 15.6941/22.1018 40 hrs/week
Finance Director 37.0389/52.1218 Exempt
Fire Chief 35.3388/50.0763 Exempt
Fire Division Chief 28.9011/41.7174 Exempt
Fleet Services Shop Foreman 19.9371/27.7729 40 hrs/week
Golf Course Superintendent 23.6733/34.1660 Exempt
Grounds Management Crew Chief – Cemetery 17.7504/24.9797 40 hrs/week
Grounds Management Crew Chief – Parks 18.2829/25.7289 40 hrs/week
Human Resources Director 33.4291/47.6270 Exempt
Human Resources Benefits & Risk Management
Coordinator
17.9029/26.3095 40 hrs/week
Grand Island Council Session - 12/4/2012 Page 29 / 116
ORDINANCE NO. 9413(Cont.)
- 3 -
Classification
Hourly Pay Range Min/Max
Overtime
Eligibility
Human Resources Recruiter 17.9029/26.3095 40 hrs/week
Human Resources Specialist 16.5454/23.2779 40 hrs/week
Information Technology Manager 30.0500/42.2806 Exempt
Legal Secretary 19.6880/26.4755 40 hrs/week
Librarian I 17.1973/23.9225 Exempt
Librarian II 19.0445/26.8284 Exempt
Library Assistant I 12.0495/16.5849 40 hrs/week
Library Assistant II 13.2741/18.2973 40 hrs/week
Library Assistant Director 21.6911/30.9176 Exempt
Library Director 29.3500/41.3135 Exempt
Library Page 7.7112/10.6691 40 hrs/week
Library Secretary 14.4158/20.4872 40 hrs/week
Maintenance Worker – Golf 14.4702/20.4067 40 hrs/week
Manager of Engineering Services 31.9969/45.9249 Exempt
Meter Reader Supervisor 18.2004/25.6316 Exempt
Office Manager – Police Department 15.7649/21.8370 40 hrs/week
Parks and Recreation Director 33.1958/46.6910 Exempt
Parks Superintendent 23.1960/32.8064 Exempt
Payroll Specialist 16.5454/23.2779 40 hrs/week
Planning Director 32.9151/46.3066 Exempt
Police Captain 27.7936/39.0959 Exempt
Police Chief 35.3388/50.0763 Exempt
Power Plant Maintenance Supervisor 29.1128/40.9509 Exempt
Power Plant Operations Supervisor 30.3053/43.6313 Exempt
Power Plant Superintendent – Burdick 33.1911/46.7060 Exempt
Power Plant Superintendent – PGS 38.2643/53.8199 Exempt
Project Manager – Public Works 29.5060/41.5140 Exempt
Public Information Officer 20.8400/29.3296 Exempt
Public Works Director 37.1814/52.3223 Exempt
Public Works Engineer 30.8040/43.3500 Exempt
Receptionist 12.8693/18.6191 40 hrs/week
Grand Island Council Session - 12/4/2012 Page 30 / 116
ORDINANCE NO. 9413(Cont.)
- 4 -
Classification
Hourly Pay Range Min/Max
Overtime
Eligibility
Recreation Coordinator 16.8131/23.4554 Exempt
Recreation Superintendent 21.7221/31.1666 Exempt
Regulatory and Environmental Manager 28.7103/40.3848 Exempt
Senior Accountant 27.3163/38.0269 Exempt
Senior Electrical Engineer 33.3669/46.0079 Exempt
Senior Public Safety Dispatcher 16.8132/22.9781 40 hrs/week
Senior Utility Secretary 14.8672/21.2293 40 hrs/week
Shooting Range Superintendent 21.7221/31.1666 Exempt
Solid Waste Division Clerk - Full Time 14.8309/19.8645 40 hrs/week
Solid Waste Division Clerk - Part Time 13.2052/18.0379 40 hrs/week
Solid Waste Foreman 16.4790/23.1878 40 hrs/week
Solid Waste Superintendent 23.8484/33.5591 Exempt
Street Superintendent 24.3895/35.5048 Exempt
Street Foreman 19.1795/27.2539 40 hrs/week
Turf Management Specialist 21.2760/30.1185 40 hrs/week
Utilities Director 53.9371/77.2888 Exempt
Utility Production Engineer 34.1231/48.0224 Exempt
Utility Services Manager 27.7625/38.6391 Exempt
Utility Warehouse Supervisor 22.6459/31.6337 40 hrs/week
Victim Assistance Unit Coordinator 13.0250/18.3388 40 hrs/week
Wastewater Engineering/Operations Superintendent 26.6209/37.6636 Exempt
Wastewater Plant Chief Operator 19.6672/27.7209 40 hrs/week
Wastewater Plant Engineer 31.9969/45.9249 Exempt
Wastewater Plant Operations Engineer 30.8040/43.3500 Exempt
Wastewater Plant Maintenance Supervisor 23.7771/32.0177 40 hrs/week
Wastewater Plant Process Supervisor 24.6489/33.2320 40 hrs/week
Water Superintendent 25.1378/35.5048 Exempt
Water Supervisor 21.7014/31.2704 40 hrs/week
Worker / Seasonal 7.2500/20.0000 Exempt
Worker / Temporary 7.2500/20.0000 40 hrs/week
Grand Island Council Session - 12/4/2012 Page 31 / 116
ORDINANCE NO. 9413(Cont.)
- 5 -
A shift differential of $0.10 per hour shall be added to the base hourly wage for persons
in the employee classification Senior Public Safety Dispatcher who work a complete shift that
begins between 3:00 p.m. and 11:00 p.m. This does not include persons who work the day shift.
Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the
shift differential pay.
SECTION 2. The currently occupied classifications of employees of the City of
Grand Island included under the AFSCME labor agreement, and the ranges of compensation
(salary and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the AFSCME labor agreement shall work prior to overtime eligibility are as follows:
Classification Hourly Pay Range
Min/Max
Overtime
Eligibility
Equipment Operator – Streets 14.5767/21.5934 40 hrs/week
Fleet Services Mechanic 16.6282/24.6359 40 hrs/week
Horticulturist 15.3913/22.8439 40 hrs/week
Maintenance Worker – Cemetery 14.4663/21.4480 40 hrs/week
Maintenance Worker – Parks 14.3698/21.3172 40 hrs/week
Maintenance Worker – Streets 14.0660/20.8518 40 hrs/week
Senior Equipment Operator – Streets 15.9708/23.6876 40 hrs/week
Senior Maintenance Worker – Streets 15.9708/23.6876 40 hrs/week
Traffic Signal Technician 15.9708/23.6876 40 hrs/week
SECTION 3. The currently occupied classifications of employees of the City of
Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IBEW labor agreements shall work prior to overtime eligibility are as follows:
Grand Island Council Session - 12/4/2012 Page 32 / 116
ORDINANCE NO. 9413(Cont.)
- 6 -
Classification Hourly Pay Range
Min/Max
Overtime
Eligibility
Accounting Clerk 14.9673/19.8062 40 hrs/week
Cashier 13.7374/18.7196 40 hrs/week
Custodian 16.0413/18.9426 40 hrs/week
Electric Distribution Crew Chief 29.3015/37.2660 40 hrs/week
Electric Underground Crew Chief 29.3015/37.2660 40 hrs/week
Engineering Technician I 18.4653/26.4203 40 hrs/week
Engineering Technician II 22.8267/31.2985 40 hrs/week
GIS Coordinator 23.4851/32.9545 40 hrs/week
Instrument Technician 27.5431/36.3866 40 hrs/week
Lineworker Apprentice 17.8613/26.1902 40 hrs/week
Lineworker First Class 27.0737/32.0204 40 hrs/week
Materials Handler 22.2927/29.8827 40 hrs/week
Meter Reader 16.0618/20.9450 40 hrs/week
Meter Technician 21.5951/26.6894 40 hrs/week
Power Dispatcher I 27.0437/37.6013 40 hrs/week
Power Dispatcher II 28.4043/39.4869 40 hrs/week
Power Plant Maintenance Mechanic 25.5997/31.8764 40 hrs/week
Power Plant Operator 30.2423/35.2271 40 hrs/week
Senior Accounting Clerk 16.8236/22.0375 40 hrs/week
Senior Engineering Technician 28.8821/35.3452 40 hrs/week
Senior Materials Handler 25.6677/33.4801 40 hrs/week
Senior Meter Reader 19.0229/22.5779 40 hrs/week
Senior Power Dispatcher 32.8576/45.0898 40 hrs/week
Senior Power Plant Operator 29.8174/38.2249 40 hrs/week
Senior Substation Technician 35.1077/36.3866 40 hrs/week
Senior Water Maintenance Worker 20.8590/27.4666 40 hrs/week
Substation Technician 32.5005/33.7907 40 hrs/week
Systems Technician 28.6421/36.3866 40 hrs/week
Tree Trim Crew Chief 25.6577/31.8632 40 hrs/week
Utility Electrician 25.7121/33.7907 40 hrs/week
Utility Technician 25.1128/35.3247 40 hrs/week
Grand Island Council Session - 12/4/2012 Page 33 / 116
ORDINANCE NO. 9413(Cont.)
- 7 -
Classification Hourly Pay Range
Min/Max
Overtime
Eligibility
Utility Warehouse Clerk 18.5559/22.8936 40 hrs/week
Water Maintenance Worker 17.3788/24.0331 40 hrs/week
Wireworker I 19.5235/27.6062 40 hrs/week
Wireworker II 27.0737/32.0204 40 hrs/week
SECTION 4. The currently occupied classifications of employees of the City of
Grand Island included under the FOP labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the FOP labor agreement shall work prior to overtime eligibility are as follows:
Classification
Hourly Pay Range Min/Max
Police Officer 18.1153/25.3239
Police Sergeant 22.6731/31.0673
OVERTIME ELIGIBILITY
The City has reserved its right to the utilization of the 207(k) FLSA exemption and will
implement this as the hours of work effective the first full pay period following the execution of
the labor agreement. The pay period for purposes of calculating overtime shall consist of a
fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes
of calculating eligibility for overtime, “hours worked” shall include actual hours worked,
vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they
exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of
eighty (80) hours. There shall also be established for each employee in the bargaining unit a
Training and Special Events bank of fifty (50) hours per individual per contract year. Each
Grand Island Council Session - 12/4/2012 Page 34 / 116
ORDINANCE NO. 9413(Cont.)
- 8 -
employee may be scheduled for training or special event duty with a minimum of seven (7) days
notice prior to the commencement of the pay period and the training and special events bank
hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours
and these hours shall not be eligible for overtime. Training and special events hours worked in
excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will
not be subtracted from the training and special events bank. All work completed after eighty (80)
hours in a pay period that is performed for work that is funded by grants from parties outside or
other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80)
hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted
from the training and special events bank.
SECTION 5. The currently occupied classifications of employees of the City of
Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IAFF labor agreement shall work prior to overtime eligibility are as follows:
Classification Hourly Pay Range
Min/Max
Overtime
Eligibility
Fire Captain 17.3016/23.9899 212 hrs/28 days
Firefighter / EMT 12.8542/18.6543 212 hrs/28 days
Firefighter / Paramedic 14.3516/20.2692 212 hrs/28 days
IAFF employees will be eligible for overtime pay for hours worked in excess of 212 hours in
each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF
labor agreement.
Grand Island Council Session - 12/4/2012 Page 35 / 116
ORDINANCE NO. 9413(Cont.)
- 9 -
SECTION 6. The currently occupied classifications of the employees of the City
of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of
compensation salary and wages, excluding shift differential as provided by contract, to be paid
for such classifications, and the number of hours and work period which certain such employees
included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as
follows:
Classification Hourly Pay Range Min/Max Overtime Eligibility
Accounting Technician – WWTP 14.7941/20.8166 40 hrs/week
Equipment Operator – WWTP 16.7956/23.6332 40 hrs/week
Maintenance Mechanic I 16.7956/23.6332 40 hrs/week
Maintenance Mechanic II 18.8056/26.4615 40 hrs/week
Maintenance Worker – WWTP 16.7956/23.6332 40 hrs/week
Senior Equipment Operator – WWTP 18.1547/25.5454 40 hrs/week
Wastewater Clerk 12.6376/17.7821 40 hrs/week
Wastewater Plant Laboratory Technician 17.8292/25.0874 40 hrs/week
Wastewater Plant Operator I 15.0216/21.1372 40 hrs/week
Wastewater Plant Operator II 16.7956/23.6332 40 hrs/week
SECTION 7. The currently occupied classifications of the employees of the City
of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of
compensation salary and wages to be paid for such classifications, and the number of hours and
work period which certain such employees included under the IBEW-Service/Clerical labor
agreement shall work prior to overtime eligibility are as follows:
Classification Hourly Pay Range
Min/Max
Overtime
Eligibility
Accounting Technician – Streets 15.8461/21.1529 40 hrs/week
Accounts Payable Clerk 15.0304/21.7460 40 hrs/week
Administrative Assistant 15.6343/22.4239 40 hrs/week
Grand Island Council Session - 12/4/2012 Page 36 / 116
ORDINANCE NO. 9413(Cont.)
- 10 -
Audio Video Technician 15.7825/22.2650 40 hrs/week
Building Inspector 19.5217/27.6989 40 hrs/week
Building Secretary 14.7127/20.9092 40 hrs/week
Community Development Administrator 17.0325/24.4895 40 hrs/week
Community Development Specialist 15.6343/22.4239 40 hrs/week
Computer Operator 18.9920/24.9662 40 hrs/week
Computer Programmer 21.6612/31.7452 40 hrs/week
Computer Technician 19.5618/25.7156 40 hrs/week
Electrical Inspector 19.5217/27.6989 40 hrs/week
Emergency Management Coordinator 14.7127/20.9092 40 hrs/week
Engineering Technician – Public Works 20.0830/28.3238 40 hrs/week
Evidence Technician 14.6068/21.3752 40 hrs/week
Finance Secretary 14.7127/20.9092 40 hrs/week
GIS Coordinator 22.2676/31.2460 40 hrs/week
Maintenance Worker I – Building, Library 15.3482/20.7715 40 hrs/week
Maintenance Worker II – Building, Police 16.1744/21.9260 40 hrs/week
Parks and Recreation Secretary 14.7127/20.9092 40 hrs/week
Planning Secretary 14.7127/20.9092 40 hrs/week
Planning Technician 20.1433/28.3407 40/hrs/week
Plans Examiner 19.5217/27.6989 40 hrs/week
Plumbing Inspector 19.5217/27.6989 40 hrs/week
Police Records Clerk – Full Time 13.1344/18.2824 40 hrs/week
Public Safety Dispatcher 14.8292/21.6612 40 hrs/week
Shooting Range Operator 20.3795/27.6247 40 hrs/week
Stormwater Technician 20.0830/28.3238 40 hrs/week
Utility Secretary 14.7127/20.9092 40 hrs/week
Grand Island Council Session - 12/4/2012 Page 37 / 116
ORDINANCE NO. 9413(Cont.)
- 11 -
A shift differential of $0.10 per hour shall be added to the base hourly wage for persons
in the employee classification Public Safety Dispatcher who work a complete shift that begins
between 3:00 p.m. and 11:00 p.m. This does not include persons who work the day shift. Shift
differential will only be paid for actual hours worked. Paid leave will not qualify for the shift
differential pay.
SECTION 8. The classification of employees included under labor agreements
with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift
differential as provided by contract) to be paid for such classifications, and the number of hours
and work period which certain such employees shall work prior to overtime eligibility are as
stated above. All employees covered by the IAFF labor agreement shall be paid a clothing and
uniform allowance in addition to regular salary in the amount of $529.92 per year, divided into
twenty-four (24) pay periods. All employees of the FOP labor agreement shall be paid a clothing
and uniform allowance in addition to regular salary of $25.00 per pay period. If any such
employee covered by the IAFF or FOP labor agreements shall resign, or his or her employment
be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis,
but no allowance shall be made for a fraction of a month. Employees covered by the IBEW –
Utilities, the IBEW – Finance labor agreements, and the non-union position of Meter Reader
Supervisor who are required to wear full fire retardant clothing will be eligible for an annual
stipend of $600 to purchase or rent required uniforms. Those employees who are required to
wear partial fire retardant clothing will be eligible for an annual stipend of $350. Employees will
be reimbursed for said purchases with a receipt showing proof of purchase.
Grand Island Council Session - 12/4/2012 Page 38 / 116
ORDINANCE NO. 9413(Cont.)
- 12 -
Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08
per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing
allowance of $650.00 per year, divided into 26 pay periods.
Non-union employees and employees covered by the FOP labor agreement, the
IBEW Utilities, Finance, Service/Clerical and Wastewater Treatment Plant labor agreements
may receive an annual stipend not to exceed $1,000 for bilingual pay.
Employees covered by the AFSCME labor agreement shall be granted a meal
allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their
normal working hours during an emergency situation, and if such overtime would normally
interfere with and disrupt the employee’s normal meal schedule. Employees covered by the
IBEW - Utilities and IBEW – Finance labor agreements shall be allowed a meal allowance for
actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime
consecutively with their normal working hours and if such overtime would normally interfere
with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are
covered by labor agreements which allow overtime meal allowance shall be entitled to the same
meal allowance benefit.
Non-exempt direct supervisors of employees who are covered by labor
agreements which allow stand-pay shall be entitled to the same stand-by pay benefit.
Utilities Department personnel in the IBEW bargaining unit and the
classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor,
Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent,
Water Supervisor, Electric Underground Superintendent, and Engineering Technician Supervisor
shall be eligible to participate in a voluntary uniform program providing an allowance up to
Grand Island Council Session - 12/4/2012 Page 39 / 116
ORDINANCE NO. 9413(Cont.)
- 13 -
$18.00 per month. When protective clothing is required for Utilities Department and Wastewater
Treatment Plant personnel covered by the IBEW labor agreement and employees covered by the
AFSCME labor agreement, except the Fleet Services Division of the Public Works Department,
the City shall pay 60% of the cost of providing and cleaning said clothing and the employees
40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $12
biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop
Foreman and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly.
SECTION 9. Employees shall be compensated for unused medical leave as
follows:
(A) All employees covered in the IBEW Utilities and IBEW Finance labor
agreements shall be paid for forty-seven percent (47%) of their accumulated
medical leave at the time of their retirement, early retirement, or death, not to
exceed four hundred eighty-eight and one third hours (calculated at 47% x 1039
hours = 488.33 hours), the rate of compensation to be based on the employee’s
salary at the time of retirement or death. Employees covered in the IAFF labor
agreement shall have a contribution to a VEBA made on their behalf in lieu of
payment for thirty-eight percent (38%) of their accumulated medical leave at the
time of their retirement, not to exceed five hundred ninety-eight and eighty-eight
hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The amount
of contribution will be based upon the employee’s salary at the time of retirement.
Employees covered by the IBEW Wastewater labor agreement shall be paid
37.5% of their accumulated medical leave at the time of retirement or death,
based on the employee’s salary at the time of retirement not to exceed three
Grand Island Council Session - 12/4/2012 Page 40 / 116
ORDINANCE NO. 9413(Cont.)
- 14 -
hundred ninety-nine hours (calculated at 37.5% x 1064 hours = 399 hours).
Employees covered by the IBEW Service/Clerical labor agreement shall have a
contribution to a VEBA made on their behalf in lieu of payment for forty percent
(40%) of their accumulated medical leave at the time of retirement or death, based
on the employee’s salary at the time of retirement not to exceed 433.60 hours
(calculated at 40% x 1084 hours = 433.60 hours.) Non-union employees shall
have a contribution to a VEBA made on their behalf in lieu of payment for fifty
percent (50%) of their accumulated medical leave at the time of their retirement,
not to exceed five hundred forty-two hours (calculated at 50% x 1084 = 542). The
amount of contribution will be based upon the employee’s salary at the time of
retirement. All employees covered by the AFSCME labor agreement shall be paid
forty-five (45%) of their accumulated medical leave bank at the time of their
retirement, based on the employee’s salary at the time of retirement not to exceed
four hundred seventy-eight and eighty hundredths hours (calculated at 45% x
1064 hours = 478.80 hours). All employees covered under the FOP labor
agreement shall be paid thirty-seven and one-half percent (37.5%) of their
accumulated medical leave bank at the time of their retirement, not to exceed four
hundred five hours (calculated at 37.5% x 1,080 hours = 405 hrs.), based on the
employee’s salary at the time of retirement. If death occurs while in the line of
duty, employees covered under the FOP labor agreement shall be paid fifty
percent (50%) of their accumulated medical leave bank at the time of their death,
not to exceed five hundred forty hours (50% x 1,080 hours = 540 hrs.), based on
the employee’s salary at the time of their death.
Grand Island Council Session - 12/4/2012 Page 41 / 116
ORDINANCE NO. 9413(Cont.)
- 15 -
(B) The City Administrator and department heads shall have a contribution
made to their VEBA for one-half of their accumulated medical leave, not to
exceed 30 days of pay, upon their resignation, the rate of compensation to be
based upon the salary at the time of termination. Compensation for unused
medical leave at retirement shall be as provided for non-union employees.
(C) The death of an employee shall be treated the same as retirement, and
payment shall be made to the employee’s beneficiary or estate for one-half of all
unused medical leave for non-union employees and as defined in labor
agreements for all other employees.
SECTION 10. Non-union employees shall have a contribution made on their
behalf to their VEBA account in the amount of $30.00 per pay period. Employees represented by
the IBEW Service/Clerical labor agreement shall have a contribution made on their behalf to the
VEBA account of $15 per pay period. Employees represented by the IAFF labor agreement shall
have a contribution made on their behalf to the VEBA account of $10 per pay period.
SECTION 11. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 12. The adjustments identified herein shall be effective on the date of
passage and publication in pamphlet form in one issue of the Grand Island Independent as
provided by law. retroactive to October 1, 2012.
Grand Island Council Session - 12/4/2012 Page 42 / 116
ORDINANCE NO. 9413(Cont.)
- 16 -
SECTION 13. Those portions of Ordinance No. 9408 and all other parts of
ordinances in conflict herewith be, and the same are, hereby repealed.
Enacted: December 4, 2012.
____________________________________ Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2012 Page 43 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item G1
#2012-347 - Approving Contract for Digital Antenna Project
Staff Contact: Robert J. Sivick, City Attorney
Grand Island Council Session - 12/4/2012 Page 44 / 116
Council Agenda Memo
From:Jeremy Watson, Grand Island Television
Meeting:December 4, 2012
Subject:Approving Contract for Digital Antenna Project
Item #’s:G-1
Presenter(s):Wendy Meyer-Jerke, Public Information Officer
Background
In 1994, a low power analogue television transmitter was installed to broadcast GITV
programming to households that do not subscribe to cable television. K56FC, Channel 56, was
assigned for this purpose and continues to broadcast the same content as Charter Cable Channel
6. Grand Island Television recently received its FCC approval to move from our current, over-
the-air analogue Channel 56, to Channel 50, and begin broadcasting a digital signal.
Discussion
The current analogue antenna (approximately the top 20 feet) atop the City Hall monopole will
be removed and replaced with a digitally compliant antenna, not exceeding that of current
antenna weight or wind load, operating on a new frequency of 686.692 MHz. Removal and
install is estimated at 6 -8 hours. To ensure the highest level of safety, the project will be
scheduled on a Saturday. This 400 Fund Capital Improvement project was anticipated and
budgeted for a cost of approximately $65,000.00. After further analysis, we are forecasting a cost
of $62,000.00 or less.
This digital antenna will be a 12-bay elliptically polarized top mount steel structure with an
omnioid pattern and slot covers. The new antenna will broadcast 250w of digital transmitter
power allowing most non-cable subscribing residents in and around the Grand Island area access
to a digital over-the-air GITV programming signal.
Grand Island Council Session - 12/4/2012 Page 45 / 116
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 contract with Alive Telecommunications be approved.
Sample Motion
Move to approve the contract with Alive Telecommunications for the engineering and
implementation of a new digital antenna.
Grand Island Council Session - 12/4/2012 Page 46 / 116
Jeremy Watson
City Of Grand Island Alive Telecommunications
100 E. First St 9850 W. 190th St. Suite F
Grand Island, NE 68802 Mokena, IL 60448
Phone 308-385-5444 Phone: 708 478 6886
jeremyw@grand-island.com Fax: 708 478 6892
www.alivetele.com
1
Quotation
Date 11-2-2012 Valid Thru 2-2-2013
Quote # LK12105_Rev2 K56FC CH 50Antenna Grand Island, NE
Submitted To Jeremy Watson
Line Product Qty List Price Net Price
1 ATC-BCE412O-50
12-bay elliptically polarized top mount
steel antenna with an omnioid pattern and
slot covers. Preliminary drawing
attached. The antenna will broadcast an
ERP of 3kW with 250W of transmitter
power.
Antenna will be less weight and wind load
than the current antenna on the
monopole.
Antenna will have 30% vertical
polarization, specifications attached.
It will include installation with the help of
the City of Grand Island to block the road
while the installation is taking place.
Estimate time of 6-8 hours on a Saturday.
This also includes project management
and antenna System sweep by an Alive
Telecom Engineer.
1 $58,750.00
2 Packing & Shipping estimated $2500-
$3000
1 TBD
Total $58,750.00
Grand Island Council Session - 12/4/2012 Page 47 / 116
Jeremy Watson
City Of Grand Island Alive Telecommunications
100 E. First St 9850 W. 190th St. Suite F
Grand Island, NE 68802 Mokena, IL 60448
Phone 308-385-5444 Phone: 708 478 6886
jeremyw@grand-island.com Fax: 708 478 6892
www.alivetele.com
2
Lead Time: 8-10 wks aro and down payment.
PAYMENT TERMS: 50% down payment with order, 40% due prior to ship 10% Net 30.
TERMS and CONDITIONS of SALE: per attached Conditions of Sale document.
SHIPPING: Shipping charges are based on delivery origin of Alive Telecommunications, Mokena, IL. Unless specified
otherwise in writing at the time of the order, all shipments will be made by FedEx Standard service. We will prepay the
freight charges and add them to your next invoice.
ORDER CANCELLATION: If your order includes new equipment, options, or parts ordered by Alive Telecommunications
from the manufacturer, you are responsible for any cancellation fees charged by the manufacturer if you cancel this order.
Acceptance by Buyer
By: ________________________________________Title: ___________________
Date: ______________P.O. No _________________________________________
Conditions of Sale
1. Priority of Terms and Conditions. Unless otherwise agreed to in writing by Alive Telecommunications (Seller), the following terms and conditions are part of Seller’s quotation and
shall govern any resulting order. No term or condition stated in any Buyer solicitation, purchase order or contract shall become part of an order or shall otherwise be binding on Seller
unless expressly agreed to in writing by Seller. Seller’s failure to object to any term or condition contained in any customer communication shall not be construed as consent to such
terms or conditions nor be deemed a waiver of any term or condition set forth herein. All International shipping terms specified herein shall be construed in accordance with the 1990
INCOTERMS published by the International Chamber of Commerce.
2. Commercial Contract. All sales are made in strict accordance with these commercial conditions and prices and shall not be subject to the procurement regulations of the United
States Government or of any state, local or foreign government unless agreed to in writing by the Seller.
3. Quotation, Prices and Taxes. Quotations are valid for a period of 30 days. Quotations are available for other specific time periods upon request. Unless specified otherwise, prices
do not include retailer’s occupation, sales, use, privilege, value-added tax, excise or any other tax (except for gross income tax), duty, tariff or assessment which may arise from the
sale of the products or services quoted. Such amounts shall be added to the contract price in the event Seller becomes liable to pay or bear the burden thereof. A request for
exemption from any such tax, duty or assessment must be accompanied by a properly executed exemption certificate prior to shipment.
4. Shipment and Risk of Loss. Products will be packed, packaged and crated in accordance with the Seller’s standard commercial practices. Export packing is available upon request
at an additional charge. Orders delivered within the United States are shipped F.O.B. Seller’s Factory, Freight Prepaid and Billed. Orders delivered outside the United States are
shipped Ex Works, Seller’s Factory, unless otherwise requested. Title to and risk of loss of the products shall pass to Buyer upon delivery to the common carrier. Seller may make
partial shipments and submit Invoices for such partial shipment in accordance with the payment terms set forth below. International shipments are contingent upon receipt of required
United States export licenses.
5. Terms of Payment. Payment for orders delivered in the United States is due within 30 days from the Invoice Date, unless otherwise specified by Seller. Orders delivered outside the
United States shall be paid by an Irrevocable letter of credit or by cash in advance. Orders accepted on other terms shall be due in strict accordance with the terms quoted. Past due
payments are subject to a service charge of 1.5% per month (18% annual) on the unpaid balance or the maximum legal rate permitted by sate law, whichever is lower. Seller reserves
the right, in its sole discretion, to reject Buyer purchase orders or to withhold shipment of Buyer orders if Buyer’s account is in arrears. Buyer is responsible to Seller for all reasonable
attorney fees, court costs and/or collection agency fees should Buyer default on payment. Buyer acknowledges that Seller retains full security interest in all products until Buyer
renders payment in full and upon request, agrees to execute any documents necessary to perfect Seller’s security interest.
6. Delivery. Seller shall make every reasonable effort to meet Buyer’s requested delivery and performance dates, but shall not be liable for delays due to causes beyond its control,
including, but not limited to, acts of God, acts of the public enemy, acts of the United States, its States, Territories, or any political subdivision of the foregoing acts of the Buyer, its
employees, agents, or subcontractors, fires, floods, strikes, freight embargoes, unusually severe weather conditions, inadequate transportation facilities, or any cause whatsoever
beyond the control and without the fault or negligence of Seller, its suppliers or subcontractors, whether similar to or dissimilar from the causes herein enumerated. In the event of any
such delay, Seller shall be given a reasonable extension of time within which to complete performance.
7. Final Acceptance. Buyer’s express acceptance of the products, or Buyer’s possession, use or beneficial use of the products for more than 30 days after delivery shall constitute final
acceptance and, except as provided in Seller’s warranty below, shall waive all Buyer claims of nonconformity of the products.
8. Warranty. Seller warrants that its products are transferred rightfully and with good title; that its products are free from any lawful security interest or other lien or encumbrance
unknown to Buyer, and that for a period of one year from the date of Installation or fifteen months from the date of original shipment, whichever period expires first, such products will
be free from defects in material and workmanship which arise under proper and normal use and service. Buyer’s exclusive remedy hereunder is limited to Seller’s repair or
replacement (either at its plant or at such other place as may be agreed upon between Seller and Buyer) of such defects at no cost to Buyer. Transportation costs in connection with
Grand Island Council Session - 12/4/2012 Page 48 / 116
Jeremy Watson
City Of Grand Island Alive Telecommunications
100 E. First St 9850 W. 190th St. Suite F
Grand Island, NE 68802 Mokena, IL 60448
Phone 308-385-5444 Phone: 708 478 6886
jeremyw@grand-island.com Fax: 708 478 6892
www.alivetele.com
3
the return of products to Seller’s plant or designated facility shall be paid by Buyer. The provisions of this warranty shall be applicable with respect to any product which Seller repairs
or replaces pursuant to it. SELLER MAKES NO WARRANTY EXPRESS OR IMPLIED, OTHER THAN AS STATED ABOVE. EXPRESSLY EXCLUDED ARE THE IMPLIED
WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR PURPOSE. THE FOREGOING SHALL CONSTITUTE ALL OF SELLER’S LIABILITY UNDER THIS WARRANTY WITH
RESPECT TO THE PRODUCTS, IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INSTALLATION COSTS, LOST
REVENUE OR PROFITS, OR ANY OTHER COSTS OF ANY NATURE AS A RESULT OF THE USE OF PRODUCTS MANUFACTURED BY THE SELLER, WHETHER USED IN
ACCORDANCE WITH INSTRUCTIONS OR NOT. UNDER NO CIRCUMSTANCES SHALL SELLER’S LIABILITY TO BUYER UNDER THIS WARRANTY EXCEED THE ACTUAL
SALES PRICE OF THE PRODUCTS PROVIDED HEREUNDER. No representative is authorized to assume for Seller any other liability in connection with the products.
9. Limitation of Liability. Seller shall not be liable to Buyer for any Indirect, exemplary, incidental, special or consequential damages arising from any action for breach of contract,
breach of warranty, or for any action based on the tortuous act or omissions of Seller. Buyer acknowledges that such lack of liability includes, but is not limited to, loss of actual or
anticipated revenue or products, loss of actual or anticipated value of the business to Buyer, or damage to the business reputation or goodwill of Buyer.
10. Patent Infringement Assurance. Seller shall, at its own expense, settle or defend any claim, suit or action which may be brought against Buyer for infringement of United States
patents arising out of Buyer’s use of Seller’s products. Seller shall pay any final judgment for damages and costs which may be awarded against Buyer, provided that buyer promptly
notifies Seller of any such claim, suit or action. Seller may, at its own expense, elect to procure for Buyer the right to continue using it so that it becomes non-infringing products, or
remove it and repay the purchase price applicable thereto, as well as transportation costs. This paragraph shall not apply to any infringement arising out of any feature incorporated in
the product at the request of Buyer or from the use of the product for purposes other than as advertised, sold or intended by Seller, in no event shall Seller’s total liability to Buyer
under the provisions of this article exceed the aggregate sum paid to Seller or buyer for allegedly infringing product. The foregoing states the entire warranty by Seller for patent
infringement of the product and any part of it.
11. Inspection and Equipment Testing. Prices do not include source inspections or product testing and the cost of performing any such tests shall be added to the purchase order price.
12. Governing Law. An order is valid only when accepted in writing at Seller’s main office, 19108 S. Blackhawk Parkway, Unit 23, Mokena, Illinois. The contract arising there from shall
be deemed to have been entered into in the State of Illinois and its interpretation, construction, and the remedies for its enforcement shall be governed in accordance with Illinois law.
13. Specification Changes. Seller’s product specifications are subject to change without notice to Buyer, provided such changes do not materially affect performance. Title to all
materials and information provided by Seller to Buyer, including, but not limited to, specifications, drawings, engineering data, and technical designs, shall remain vested in Seller,
unless otherwise agreed to in writing by the parties. All such information shall be treated as confidential by Buyer and shall not be disclosed to any third party without the written
consent of Seller.
14. Cancellations. Any order that has been cut, fitted or packaged prior to Seller’s receipt of cancellation notice shall be subject to a 25% re-stocking charge. Orders for non-standard
products or specially manufactured products may be cancelled prior to the start of manufacture provided Buyer reimburses Seller for any actual costs incurred on the order prior to the
effective cancellation date. After manufacture commences, orders for non-standard products or specially manufactured products may not be cancelled. In the event Buyer terminates
such orders, Buyer shall be liable to Seller for termination charges, including, but not limited to, reasonable profits.
15. Shipment Delays/Billing in Place. Upon completion of Buyer’s order, any delay in shipment attributable to Buyer, including but not limited to, Buyer’s request to defer the delivery
date, shall cause the following to occur: Thirty (30) days after the original shipment date, a storage charge of 1.5% of the invoice price per month will be billed to Buyer and title to the
shipment will automatically pass to Buyer. Seller will invoice Buyer for completed goods and Buyer will pay in accordance with the terms of the original sale, as the goods will be
deemed to have shipped in place. Seller will insure against risk of loss until physical shipment of the goods to a common carrier.
16. Change Orders. Buyer change orders must be in writing and no change shall be made pursuant to this clause unless agreed to in writing and signed by duly authorized
representatives of Seller and Buyer. If any such change causes an increase or decrease in the cost of the time required for the performance of any part of the work, an equitable
adjustment shall be made in the contract price and schedule. Seller shall have no obligation to commence any extra or changed work without written agreement as to adjustments to
contract price and delivery schedules affected hereby.
17. Termination. In the event Buyer fails to render payment on any invoice or Buyer’s account is in arrears, or Buyer becomes insolvent, enters into bankruptcy or has a receiver
appointed to protect its assets, Seller shall have the right without prejudice to any other remedy, to immediately cease manufacture of all Buyer orders and to stop all shipments to
Buyer, including stoppage in transit.
November 2008
Grand Island Council Session - 12/4/2012 Page 49 / 116
Approved as to Form ¤ ___________
November 30, 2012 ¤ City Attorney
R E S O L U T I O N 2012-347
WHEREAS, City Administration is requesting approval of the contract with Alive
Telecommunications for removal and installation of a new, digital, over-the-air antenna, for
continued broadcast of Grand Island Television for non-cable subscribing residents within Hall
County; and
WHEREAS, This 400 Fund Capital Improvement project was budgeted for a cost of
approximately $65,000.00 with a current forecasted amount of $62,000.00 or less.
WHEREAS, City Administration and the Legal Department have reviewed this
contract and is recommending approval, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA:
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2012 Page 50 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item G2
#2012-348 - Approving Bid Award - Feedwater Heater #5
Replacement
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 12/4/2012 Page 51 / 116
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Meeting Date:December 4, 2012
Subject:Feedwater Heater #5 Replacement
Item #’s:G-2
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The Platte Generating Station utilizes five stages of boiler feedwater heaters in its steam
cycle. These feedwater heaters are specialized heat exchangers that use steam from the
main turbine-generator to preheat the boiler feedwater and improve the overall plant
steam cycle efficiency. One of the feedwater heaters has internal leakage problems which
make control of its operation difficult and wall thinning of the feedwater heater tubes is
occurring. The present heater is original to the plant. The heater weighs approximately
18 tons. The existing heater (which utilized 70-30 copper/nickel alloy tubes), was bid to
be upgraded to stainless steel (SA688-304N) or, as an option, low alloy carbon steel (SA-
213-T22).
Discussion
The specifications for the Feedwater Heater #5 Replacement were advertised and issued
for bid in accordance with the City Purchasing Code. Bids were publicly opened on
November 13, 2012. Specifications were sent to seven potential bidders and responses
were received as listed below. Bidders were allowed to specify heater tubing consisting
of either SA-213-T22 or SA688-304N materials. The engineer’s estimate for this project
was $500,000.00.
Bidder Bid Price
SPX Heat Transfer, Inc., Tulsa, OK (T22)$ 331,750.00
Thermal Engineering International, Santa Fe Springs, CA (T22)$ 366,500.00
Thermal Engineering International, Santa Fe Springs, CA (304N)$ 376,500.00
Holtee International, Jarlton, NY (304N)$ 477,050.00
The bids were reviewed by plant engineering staff. The lowest bid, from SPX Heat
Transfer Inc., had the following concerns:
Grand Island Council Session - 12/4/2012 Page 52 / 116
1)The proposed weight of the new heater exceeds that of the existing heater by
almost 1.5 tons. This would require structural analysis and a possible upgrade of
our current steel support frame.
2)The references given by SPX Heat Transfer were either nonresponsive or could
only reference their work using the SA688-304N material (which they did not
bid).
3)SPX Heat Transfer has not been responsive to discuss these issues and other
“clarifications” listed in their bid.
All bidders who provided SA-213-T22 carbon steel tubing as a material in their bid were
not able to back up their experience with the product through their references; therefore,
this material was not further evaluated as a compliant option.
Companies bidding the SA688-304N tubing material were all highly referenced and well
documented as to their history with the product. All bids came in under the engineer’s
estimate.
Thermal Engineering International did not list any exceptions and their bid of $376,500 is
recommended as the lowest compliant bid.
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 Feedwater
Heater #5 Replacement to Thermal Engineering International, of Santa Fe Springs,
California, as the lowest compliant bidder, with a bid price of $376,500.00.
Sample Motion
Move to approve the bid from Thermal Engineering International, Inc., for the Feedwater
Heater #5 Replacement in the amount of $376,500.00.
Grand Island Council Session - 12/4/2012 Page 53 / 116
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:November 13, 2012 at 2:00 p.m.
FOR:Feedwater Heater #5 Replacement
DEPARTMENT:Utilities
ESTIMATE:$500,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:October 18, 2012
NO. POTENTIAL BIDDERS:7
SUMMARY
Bidder:Holtec International SPX Heat Transfer, Inc.
Marlton, NY Tulsa, OK
Bid Security:Cashier’s Check Liberty Mutual Ins. Co.
Exceptions:None Noted
Bid Price:
Material:$470,000.00 $331,750.00
Labor:$ 7,050.00 (Performance Bond) -0-
Sales Tax: -0-____ -0-____
Total Bid:$477,050.00 $331,750.00
Bidder:Thermal Engineering International
Santa Fe Springs, CA
Bid Security:Westchester Fire Ins. Co.
Exceptions:Noted
Bid Price:
Material:$366,500.00
Labor: -0-
Sales Tax: -0-_____
Total Bid:$366,500.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Grand Island Council Session - 12/4/2012 Page 54 / 116
Mary Lou Brown, City Administrator Pat Gericke, Utilities Admin. Assist.
Ryan Schmitz, Utilities Dept.
P1603
Grand Island Council Session - 12/4/2012 Page 55 / 116
Approved as to Form ¤ ___________
November 30, 2012 ¤ City Attorney
R E S O L U T I O N 2012-348
WHEREAS, the City of Grand Island invited sealed bids for Feedwater Heater #5
Replacement at Platte Generating Station, according to plans and specifications on file with the
Utilities Department; and
WHEREAS, on November 13, 2012, bids were received, opened and reviewed;
and
WHEREAS, Thermal Engineering International, of Santa Fe Springs, California,
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 $376,500.00; and
WHEREAS, the bid of Thermal Engineering International, is less than the
estimate for Feedwater Heater #5 Replacement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid Thermal Engineering
International, in the amount of $376,500.00, for Feedwater Heater #5 Replacement, is hereby
approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2012 Page 56 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item G3
#2012-349 - Approving Capacity Agreement with the Municipal
Energy Association of Nebraska (MEAN)
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 12/4/2012 Page 57 / 116
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Meeting:December 4, 2012
Subject:Capacity Agreement with the Municipal Energy
Association of Nebraska (MEAN)
Item #’s:G-3
Presenter(s):Timothy Luchsinger, Utilities Director
Background
In order to ensure a reliable electric supply grid, electric utilities are required by federal
and regional agencies to maintain accredited electric generation facilities in an amount to
meet their maximum load requirements, plus a reserve to support outside needs in an
emergency grid situation. This accreditation includes the operation of each unit at full
load for a specified duration annually, and the generation source can be either owned by
the utility or through an arrangement with another utility. With its units at Platte and
Burdick, and share of units at Nebraska City and Hastings, the Utilities Department
currently has accredited generation of 323 megawatts to serve a maximum load of 170
megawatts.
Discussion
The Municipal Energy Agency of Nebraska (MEAN), is an organization of municipal
utilities in Nebraska and surrounding states formed to pool resources to serve its
members under varying service agreements, and Grand Island has been a member since
its formation in 1981. MEAN is entering into an agreement for supplying power to a new
customer and will require additional accredited generation capacity in order to serve this
load and proposed to purchase this capacity from Grand Island’s surplus capacity. The
agreement provides for the purchase of the capacity, and also for the determination of the
price of the energy should the right to the capacity be exercised and the unit placed into
operation. This proposal was reviewed by Tenaska Power Services, the City’s power
marketer, and the terms were considered to be in line with the current market conditions.
A copy is furnished under separate cover, as it is a confidential agreement. The Utilities
Department recommends that this capacity agreement with MEAN be approved by
Council.
Grand Island Council Session - 12/4/2012 Page 58 / 116
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 Capacity Agreement with
the Municipal Energy Association of Nebraska.
Sample Motion
Move to approve the Capacity Agreement with the Municipal Energy Association of
Nebraska.
Grand Island Council Session - 12/4/2012 Page 59 / 116
Approved as to Form ¤ ___________
November 30, 2012 ¤ City Attorney
R E S O L U T I O N 2012-349
WHEREAS, with its units at Platte and Burdick Generating Stations and share of
units at Nebraska City and Hastings, Grand Island Utilities has accredited generation of 323
megawatts to serve a maximum load of 170 megawatts; and
WHEREAS, the Municipal Energy Agency of Nebraska (MEAN), is an
organization of municipal utilities in Nebraska and surrounding states formed to pool resources
to serve its members under varying service agreements, and Grand Island has been a member
since 1981; and
WHEREAS, MEAN is entering into an agreement to supply power to another
customer, and will require additional accredited generation capacity in order to serve this load
and proposed to purchase this capacity from Grand Island’s surplus capacity; and,
WHEREAS, the agreement provides for the purchase of the capacity, and also for
the determination of the price of the energy should the right to the capacity be exercised and the
unit placed into operation; and
WHEREAS the proposal was reviewed by Tenaska Power Services, the City’s
power marketer, and the terms are considered to be in line with current market conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Capacity Agreement with the
Municipal Energy Association of Nebraska (MEAN) is hereby accepted, and that the Mayor
signs the agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2012 Page 60 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item G4
#2012-350 - Approving License Agreement with Hall County
Housing Authority for Radio Repeater
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 12/4/2012 Page 61 / 116
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:December 4, 2012
Subject:License Agreement with Hall County Housing Authority
Item #’s:G-4
Presenter(s):Tim Luchsinger, Utilities Director
Background
The City of Grand Island Utilities Department utilizes a two-way radio system for
communications with personnel out in the field during normal and emergency operations.
This system is essential for providing vital information to field personnel while at the
same time being heard by the entire department. On January 1st, 2013, a new FCC narrow
banding mandate takes effect, which requires all public safety radio systems to use a
narrower frequency band. In order to meet this deadline and ensure that the changes work
correctly, modifications were made to the radio system earlier this spring. The main
repeater that receives and transmits all communications is located at Phelps Control
Center on the east side of the City. This location experienced few problems prior to the
narrow banding mandate; however, since the narrow band modifications were made, a
noticeable drop in clarity and range has been realized. Alternative repeater locations were
explored in an effort to reduce or eliminate these problems.
Discussion
Due to its central location, Centennial Towers, owned by the Hall County Housing
Authority at 910 North Boggs Avenue, was one site that was investigated. Working with
Platte Valley Communications, a test repeater was installed on the roof and used for
several days with a noticeable improvement in radio communications quality and
providing a much broader coverage area. Centennial Towers already has several different
radio towers installed on the roof. Hall County Housing Authority does not charge to
maintain equipment on the roof of Centennial Towers; however, they do require a license
agreement. Due to the successful test run, it is recommended that the license agreement
be signed to allow the Department to install the necessary radio equipment.
Grand Island Council Session - 12/4/2012 Page 62 / 116
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 the License Agreement with
Hall County Housing Authority to allow the installation of Utilities Department radio
equipment at Centennial Towers.
Sample Motion
Move to approve the License Agreement with Hall County Housing Authority to allow
the installation of Utilities Department radio equipment at Centennial Towers.
Grand Island Council Session - 12/4/2012 Page 63 / 116
LICENSE AGREEMENT BETWEEN
THE HALL COUNTY HOUSING AUTHORITY
AND
THE CITY OF GRAND
ISLAND UTILITIES
This Agreement is made between the Hall County Housing
Authority, Grand Island, Nebraska as "Licensor" and the City of
Grand Island, State of Nebraska, as "Licensee."
Whereas, Licensee wishes to install and maintain a Radio
Tower and associated equipment on real estate owned by Licensor
at Centennial Towers, 910 N. Boggs, Grand Island, Nebraska and
Whereas, Licensor and Licensee wish to have a formal
agreement for the installation and maintenance of said Radio
Tower, and
THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
1. Licensor hereby grants to Licensee a non-exclusive right
to enter upon the real estate described above for such purposes
and under the conditions listed herein. This License shall
continue for one year from the date of signature hereof but shall
automatically extend each year for an additional one year unless
terminated according to the terms hereof.
2. The Licensee is authorized at it's own risk and expense,
to place a "Radio Tower" and associated equipment, a description
of which is attached hereto, for non-commercial, public safety
purposes only upon the roof of Centennial Towers. Licensee shall
be solely responsible for the operation of the tower.
3. Licensee assumes the sole and entire responsibility for
any loss of life, injuries or property damage that may be
sustained on the real estate arising from the negligent operation
of the Tower, and Licensee agrees to indemnify and hold the
Licensor harmless in regard to all such loss of life, injuries or
property damage. Licensee shall maintain at all times during the
term of this License public liability insurance with one or more
insurance companies licensed to do business in Nebraska rated by
A.M. Best at not less than "B+" against claims for personal
injury, death, or property damage, including damage arising from
lightning, occurring in, on, or upon the real estate, such
insurance to be in a minimum amount of $1,500,000 for personal
injury or death and $1,500,000 for property damage. Licensee may
utilize a Nebraska intergovernmental risk management pool in lieu
of a Nebraska licensed insurer to provide the public liability
insurance specified in this section provided the insurer or
Grand Island Council Session - 12/4/2012 Page 64 / 116
insurers the pool uses meets the "B+" minimum A.M. Best rating
previously referred to in this Section. Licensor shall be named
as an additional insured.
4. Licensee shall pay all utility charges, installation and
maintenance charges, and all installation and maintenance shall
be in accordance with all applicable building codes and any other
codes applicable to radio tower installation. In the event that
the tower and equipment must be moved for construction and
maintenance on the building or premises, Licensee shall be
responsible for the timely removal or relocation of the tower and
equipment at Licensee's expense.
5. Licensee shall have the right to access said Radio Tower
at any time, provided that the Licensor shall be notified a
reasonable time prior to any such access. Licensee shall not have
a key to the premises. Licensee understands that access to the
roof of the real estate is not open to the public and that
Licensee shall be responsible to maintain security regarding
access.
6. Nothing contained herein shall be construed in any
manner to establish a relationship of co-partners between the
parties or constituting the Licensee the agent, representative,
or employee of the Licensor for any purpose whatsoever. Licensee
shall have the sole right to manage, control, operate and direct
the performance and details of its operations.
7. Licensee shall fully comply with the Laws of the United
States of America, the Federal Communications Commission and the
State of Nebraska.
8. This License may be terminated by either party without
cause upon giving 90 days written notice to the non-terminating
party. This License may be terminated immediately by the Licensor
upon breach by the Licensee of any covenant or condition of this
Agreement.
9. Upon termination of this Agreement, Licensee shall remove
all equipment placed on the premises and restore the premises to
its original condition.
10. This Agreement may not be altered, changed or amended
except by instrument of writing executed by the parties to this
Agreement. This License is non-assignable.
11. All notices required to be given to either party shall
be addressed to the parties as follows:
Grand Island Council Session - 12/4/2012 Page 65 / 116
Hall County Housing Authority
911 Baumann Drive,
Grand Island, NE 68803
City of Grand Island
Attn: Travis Burdett
700 E Bischeld St.
Grand Island, NE 68801
Telephone: (308) 385-5466
Hall County Housing Authority
Dated , 2012
By
City of Grand Island
Dated , 2012
By
Grand Island Council Session - 12/4/2012 Page 66 / 116
Exhibit (1)
Equipment List for New Repeater Installation at Centennial
Towers
Quantity
Part
Number Description
1 MTR3000 Motorola MTR300 Repeater in Housing
Includes:
MTR-3000 Repeater
Duplexer
Battery Charger
Battery Control Relay (300XBXC4)
1 DIN Rail for Relay
1 DB420 UHF Antenna 20' with Mounting Hardware
1
MiniPort
20Q Furman 20A Power Relay Outlet 8 to 15 VDC
1 Quad Outlet Box for Furman (Hang on wall)
2 Deep Cycle Interstate 12V Backup Batteries
Additional Components
Quantity
Part
Number Description
1 EZPLC
Programmable Logic Controller 24VDC
Operation with modules
1
MiniPort
20Q Furman 20A Power Relay Outlet 8 to 15 VDC
1 120VAC Power Strip
1 AL600ULPD4 Altronix 24V Power Supply
Includes:
2 7AH Backup Batteries
1
Misc Control Cables between Equipment
Components
1 BH-20 Motorola Canopy Wireless Ethernet Radio
Grand Island Council Session - 12/4/2012 Page 67 / 116
Approved as to Form ¤ ___________
November 30, 2012 ¤ City Attorney
R E S O L U T I O N 2012-350
WHEREAS, the City of Grand Island Utilities Department utilizes a two-way
radio system to communicate with personnel during normal and emergency operations; and
WHEREAS, Centennial Towers at 910 North Boggs Avenue would provide for
an alternative location for the radio system repeater.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the License Agreement with the Hall
County Housing Authority to install a repeater for radio communications at that location is
approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2012 Page 68 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item G5
#2012-351 - Approving Certificates of Final Completion and
Setting Board of Equalization Hearing Date for Water Main
Districts 457, 459, 460 and 461 (Parkview Area)
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 12/4/2012 Page 69 / 116
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Meeting:December 4, 2012
Subject:Water Main Districts 457, 459, 460, and 461, Parkview
Area Certificate of Final Completion and Setting Date for
Board of Equalization
Item #’s:G-5
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The Parkview area is generally located south of Stolley Park Road and east of Blaine
Street. Initially development of the area commenced approximately 75 years ago, and the
area was not within City limits. Private domestic household wells were used for water
supply at the time, and have served the area until recently.
In June, 2011, a neighborhood meeting was held with area residents to discuss
groundwater polluted by industrial solvents which has extended eastward across the City.
The Nebraska Department of Environmental Quality (NDEQ) and the Environmental
Protection Agency (EPA) have classified the area as a Superfund Site, and are currently
conducting clean-up operations. Subsequent to the meeting, the City received petitions
from property owners in the area requesting water service.
Per those petitions, and as directed by Council, four Water Main Districts were created to
extend City service:
District 457, located in Pioneer Blvd.
District 459, located in Park Drive
District 460, located in Riverview Drive, Grand Avenue, and August Street
District 461, located in Hagge Avenue and William Street
That work is now fully complete, operational, and has been incorporated into the
municipal system. A map of each district’s boundary is attached for reference, as well as
a map of the entire area.
Grand Island Council Session - 12/4/2012 Page 70 / 116
Discussion
As a cost savings from the economy of scale, one contract was issued for construction of
the four assessment districts. The total project cost was $1,059,521.60. The City’s
expense is $108,041.20, or about 10.2%. This cost is associated with that portion of the
project installed adjacent to the Stolley Park property, the Stolley Park Elementary
School property, and an interconnect placed in August Street that provides additional
redundancy to the area.
The construction was done as assessment districts. This is the standard method used by
the City to recoup costs when mains are installed at the request of the property owners.
Of the total project cost, the total amount chargeable for assessments is $951,480.40. The
assessments are based on an equal benefit and value of service to each property. Each
owner will be assessed the same portion of the chargeable amount equal to $7,100.60.
This is the same assessment method used in adjacent Parkview areas.
The assessment may be paid in five annual payments, at 7% simple interest on the
outstanding balance. The first payment is due 50 days after the Council sets at the Board
of Equalization (BOE) Hearing. Attached for reference are copies of the district’s costs,
ownership records, and assessments.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council accept the Certificates of Final
Completion for Water Main Districts 457, 459, 460, and 461, and set the date of January
22, 2013, for the Board of Equalization to determine benefits for the properties within the
four district’s boundaries.
Sample Motion
Move to accept the Certificates of Final Completion for Water Main Districts 457, 459,
460, and 461, and set the date of January 22, 2013, for the Board of Equalization to
determine benefits for the properties within the four district’s boundaries.
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Water Main Districts 457, 459, 460, and 461 District Costs BIDS: 11/22/2011
Pioneer Blvd., Park Drive, Riverview Drive, Grand Avenue, August Street, and Hagge Avenue
TOTAL FOR ALL DISTRICTS K2 Construction
TOTAL Lincoln, NE ASSESSABLE CITY COST
ITEM DESCRIPTION QUANTITY INSTALLED UNIT $ TOTAL $ QUANTITY TOTAL $ QUANTITY TOTAL $
1.01 8" d.i. pipe (r.j.) - trenchless installation 9,535.9 lf 53.70 512,077.83 7,573.31 406,686.75 1,962.59 105,391.08
1.02 8" d.i. pipe (s.j.) - trenched 1,323.3 lf 53.35 70,598.06 1,323.30 70,598.06 0.00
1.03 8" nitrile Gaskets (R.J.) 199.0 ea 25.89 5,152.11 174.00 4,504.86 25.00 647.25
1.04 8" nitrile Gaskets (M.J.) 40.0 ea 21.53 861.20 40.00 861.20 0.00
1.05 6" d.i. pipe (s.j.) 10.0 lf 84.72 847.20 10.00 847.20 0.00
1.06 6" nitrile Gaskets (M.J.) 40.0 ea 16.28 651.20 40.00 651.20 0.00
1.07 8"x8"x8"x8" m.j. cross 1.0 ea 294.22 294.22 1.00 294.22 0.00
1.08 8"x8"x8"x6" m.j. cross 1.0 ea 296.00 296.00 1.00 296.00 0.00
1.09 8"x8"x8" m.j. tapping sleeve 2.0 ea 2,070.64 4,141.28 2.00 4,141.28 0.00
1.10 8"x8"x8" m.j. tee 3.0 ea 261.96 785.88 3.00 785.88 0.00
1.11 8"x8"x6" m.j. tee 21.0 ea 237.15 4,980.15 21.00 4,980.15 0.00
1.12 8"x90° m.j. bend 6.0 ea 198.75 1,192.50 6.00 1,192.50 0.00
1.13 8"x45° m.j. bend 10.0 ea 181.63 1,816.30 10.00 1,816.30 0.00
1.14 8"x22.5° m.j. bend 0.0 ea 179.86 0.00 0.00 0.00 0.00
1.15 8"x6" m.j. reducer 3.0 ea 158.60 475.80 3.00 475.80 0.00
1.16 8" retainer gland 0.0 ea 101.71 0.00 0.00 0.00 0.00
1.17 8" sleeve coupling 9.0 ea 211.51 1,903.59 9.00 1,903.59 0.00
1.18 8" plug 0.0 ea 95.00 0.00 0.00 0.00 0.00
1.19 8" r.s. tapping valve 3.0 ea 1,637.92 4,913.76 3.00 4,913.76 0.00
1.20 8" r.s. gate valve 11.0 ea 1,202.74 13,230.14 11.00 13,230.14 0.00
1.21 6" sleeve coupling 0.0 ea 378.44 0.00 0.00 0.00 0.00
1.22 6" r.s. gate valve 1.0 ea 898.19 898.19 1.00 898.19 0.00
1.23 12"x12"x8" m.j. tapping sleeve 1.0 ea 2,253.71 2,253.71 1.00 2,253.71 0.00
1.24 12" sleeve coupling 0.0 ea 465.00 0.00 0.00 0.00 0.00
1.25 valve box 15.0 ea 353.83 5,307.45 15.00 5,307.45 0.00
1.26 fire hydrant assembly 23.0 ea 1,687.79 38,819.17 23.00 38,819.17 0.00
1.27 duc-lugs & redi-rod 1.0 ea 28.44 28.44 1.00 28.44 0.00
1.28 thrust block 43.0 ea 100.03 4,301.29 43.00 4,301.29 0.00
1.29 I-beam block 0.0 ea 600.00 0.00 0.00 0.00 0.00
1.30 linestopper installation 0.0 ea 1,540.00 0.00 0.00 0.00 0.00
1.31 1" copper water service (complete) 131.0 ea 1,026.96 134,531.76 131.00 134,531.76 0.00
1.32 8 mil polywrap 10,859.2 lf 1.02 11,076.38 8,895.60 9,073.51 1,963.60 2,002.87
1.33 remove asph./conc. roadway 521.1 sy 4.90 2,553.39 521.10 2,553.39 0.00
1.34 replace asph./conc. roadway 453.4 sy 52.85 23,962.19 453.40 23,962.19 0.00
1.35 remove asph./conc. driveway 234.7 sy 35.00 8,212.75 234.65 8,212.75 0.00
1.36 replace asph./conc. driveway 245.1 sy 42.85 10,503.39 245.12 10,503.39 0.00
1.37 remove concrete sidewalk 2,434.6 sf 1.40 3,408.44 2,434.60 3,408.44 0.00
1.38 replace concrete sidewalk 2,434.6 sf 4.35 10,590.51 2,434.60 10,590.51 0.00
1.39 remove & salvage existing 12"x12"x8" tee 0.0 ea 140.00 0.00 0.00 0.00 0.00
1.40 remove & salvage existing 8" valve & box 1.0 ea 105.00 105.00 1.00 105.00 0.00
1.41 remove & salvage existing 8"x6" reducer 1.0 ea 105.00 105.00 1.00 105.00 0.00
1.42 remove & salvage existing 6"x90° Ell 1.0 ea 105.00 105.00 1.00 105.00 0.00
1.43 remove & salvage existing fire hydrant 2.0 ea 140.00 280.00 2.00 280.00 0.00
1.44 saw cut 927.1 lf 4.90 4,542.79 927.10 4,542.79 0.00
1.45 residential seeding 33,442.0 sf 0.17 5,685.14 33,442.00 5,685.14 0.00
1.46 traffic control 4.0 complete 2,300.00 9,200.00 4.00 9,200.00 0.00
Contract Total $900,687.21 $792,646.01 $108,041.20
City Supplied Materials $38,764.98 $38,764.98
Outside Purchases - Publication, Inspection & Testing $884.54 884.54
Engineering & Administration - Labor $86,121.83 $86,121.83
Engineering & Administration - Overhead $33,063.04 $33,063.04
TOTAL Project Cost $1,059,521.60
Assessable amount $7,100.60 Ea and Equal $951,480.40
City Cost $108,041.20
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Approved as to Form ¤ ___________
November 30, 2012 ¤ City Attorney
R E S O L U T I O N 2012-351
WHEREAS, the City Engineer/Interim Public Works Director for the City of
Grand Island has issued a Certificate of Final Completion for Water Main District No. 457,
located along Pioneer Blvd., approximately 2,627 linear feet; and Water Main District No. 459,
located along Park Drive, approximately 2,809 linear feet; and Water Main District No. 460,
located along Grand Avenue, Riverview Drive, and August Street, approximately 2,716 linear
feet; and Water Main District No. 461, located in Hagge Avenue and William Street, certifying
that all four districts were installed as a joint project by K2 Construction of Lincoln, Nebraska,
under contract awarded December 16, 2011, has completed the project according to the terms,
conditions, and stipulations for such improvements; and
WHEREAS, the Interim Public Works Director recommends the acceptance of all
four districts; and
WHEREAS, the Mayor concurs with the Interim Public Works Director’s
recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City Engineer/Interim Public Works Director’s Certificates of Final
Completion for Water Main Districts 457, 459, 460, and 461 are hereby
confirmed.
2. The City Council will sit as a Board of Equalization on January 22, 2013, to
determine benefits and set assessments for Water Main Districts 457, 459, 460,
and 461.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2012.
______________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2012 Page 91 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item G6
#2012-352 - Approving Subordination Agreement for 515 E 1st
Street
Staff Contact: Marco Floreani
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Council Agenda Memo
From:Marco Floreani, Community Development
Council Meeting:December 4, 2012
Subject:Approving Subordination Agreement for 515 E. 1st
Street
Item #’s:G-6
Presenter(s):Jaye Monter, Finance Director
Background
On February 19, 2009, Community Development Block Grant funds in the amount of
$25,000 were loaned to Hector R. Vasquez & Beatrice R. Vasquez, Borrowers, for
housing rehabilitation assistance towards their home. The City of Grand Island has a
Deed of Trust filed on property located at 515 E 1st Street. The lien is in the amount of
$25,000 with only $16,868 remaining due to 10% (or $2,500) being forgiven each year
for ten years based on the Housing Rehabilitation Program loan terms. The program loan
is a zero percent interest loan with 10% being forgiven each year and is due only when
the homeowners sell the house. The legal description is:
Lot Two (2), in Block Ninety-Five (95), in the Original Town, now City of Grand
Island, Hall County, Nebraska.
Discussion
The owner is refinancing for a better interest rate and lower payments. They are
requesting permission from the City to subordinate to the new mortgage amount and
accept second position. The owner is requesting a new mortgage in the amount of
$28,702 and Wells Fargo Bank, N.A. of Grand Island requests first position on the lien.
The house will remain occupied and property taxes will continue to be paid. The equity in
the property is in excess of the lien amounts held by both the City and the bank.
A new lien in the amount of $28,702 with Wells Fargo Bank, N.A. would by law be
junior in priority to the City’s lien; however, Wells Fargo Bank, N.A., has asked the City
to subordinate its Deed of Trust to the new Deed of Trust.
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The property’s assessed value of $48,378 is sufficient to secure the mortgage of $28,702
and the City’s remaining note of $16,868.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the Subordination Agreement
2.Refer the issue to a Committee
3.Postpone the issue to a later date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approves the Subordination Agreement
with Wells Fargo Bank, N.A. placing the City in the junior position to the new Deed of
Trust.
Sample Motion
Move to recommend approval of the Subordination Agreement with Wells Fargo Bank,
N.A., placing the City in the junior position to the new Deed of Trust.
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Subordination Request from Hector R. Vasquez & Beatrice R. Vasquez
The City Of Grand Island has a Deed of Trust filed on property at 515 E. 1st St. in the
amount of $25,000 with $16,868 remaining due to 10% being forgiven each year for ten
years. On February 19, 2009, Community Development Block Grant funds were loaned
to the home owners for rehabilitation assistance towards their home in the Housing
Rehabilitation Program. The address is 515 E. 1st St. The legal description is:
Lot Two (2), in Block Ninety-Five (95), in the Original Town, now City of
Grand Island, Hall County, Nebraska
The owner is requesting permission from the City to subordinate to a new mortgage
amount and accept second position to the first mortgage.
The owner is refinancing with the same bank for a better interest rate. By law, the new
Deed of Trust would be junior in priority to the City’s lien. However, the lender has
asked the City to subordinate to the new Deed of Trust.
The assessed value of the property is $48,378 and is sufficient to secure the new
mortgage of $28,702, and the City’s remaining loan amount of $16,868. The City’s loan
is a zero percent interest loan that is due only when the homeowners sell the house.
Ten-percent (or $2,500) is forgiven annually per the terms of the Housing Rehabilitation
Program.
$ 28,702 New lien
$ 16,868 City’s lien
$ 45,570 First and second lien total
$ 48,378 Assessed value
Previous house payment: $456.54/mo.
New house payment: $339.23/mo. 3.00% fixed interest rate for 15 yrs.
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SUBORDINATION AGREEMENT
COMES NOW the City of Grand Island, Nebraska, secured party/beneficiary and hereby
partially subordinates its trust deed/real estate lien recorded April 2, 2009 on the following
described real estate:
Lot Two (2), in Block Ninety-Five (95), in the Original Town, now City of Grand
Island, Hall County, Nebraska
It is the intent of this Agreement that the trust deed for the amount loaned by Wells
Fargo Bank, N.A. of Grand Island to Hector R. Vasquez & Beatrice R. Vasquez (Borrowers) that
is about to be filed, shall be superior to the trust deed/real estate lien of the City of Grand Island,
its successors and assigns recorded April 2, 2009, up to the amount of $28,702 plus interest
and amounts advanced to protect the collateral. Thereafter, the City of Grand Island’s lien shall
have priority. It is further understood that this subordination shall include all current obligations,
extensions, renewals, advances or modifications made by the City of Grand Island, Nebraska to
Borrowers which is secured by the trust deed/real estate lien recorded April 2, 2009 as
Document Number 0200902434 in the records of the Register of Deeds of Hall County,
Nebraska. Nothing in this Subordination Agreement is intended as a promise to provide
financing or make advances to Borrowers by the City of Grand Island, Nebraska and it is not the
intention of the City of Grand Island, Nebraska to warrant or guarantee the obligations of
Borrowers but merely to partially subordinate its lien interests under the instrument recorded at
Document Number 0200902434. It is understood that Wells Fargo Bank, N.A. intends to lend
funds to Borrower but that the subordinated amount is not to exceed $28,702 plus interest and
amounts advanced to protect the collateral.
Nothing in this instrument is intended to relieve Borrowers of their obligation to the City
of Grand Island, Nebraska or to subordinate any other lien interests including, but not limited to,
real estate taxes and special assessments.
Dated: __________________City of Grand Island, Nebraska
By_____________________________________
STATE OF NEBRASKA )Jay Vavricek, Mayor
)ss.
COUNTY OF HALL )
The foregoing instrument was acknowledged before me on ______________________,
2012, by Jay Vavricek, Mayor of the City of Grand Island, Nebraska.
______________________________
Notary Public
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Approved as to Form ¤ ___________
November 30, 2012 ¤ City Attorney
R E S O L U T I O N 2012-352
WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of
Trust dated February 19, 2009 and recorded on April 2, 2009, as Instrument No.0200902434, in
the amount of $25,000.00, secured by property located at 515 E. 1st Street and owned by Hector
R. Vasquez & Beatrice R. Vasquez, Borrowers, said property being described as follows:
Lot Two (2), in Block Ninety-Five (95), in the Original Town, now City of Grand
Island, Hall County, Nebraska.
WHEREAS, Hector R. Vasquez & Beatrice R. Vasquez wish to execute a Deed of
Trust and Note in the amount of $28,702.00 with Wells Fargo Bank, N.A., to be secured by the
above-described real estate conditioned upon the City subordinating its Deed of Trust to their
lien priority;
WHEREAS, the value of the above-described real estate is sufficient to
adequately secure both loans.
WHEREAS, the requested subordination of the City's lien priority is in the best
interests of all parties.
WHEREAS, the City Attorney’s office has reviewed and approved the proposed
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and
directed to execute an agreement subordinating the lien priority of the above described Deeds of
Trust from Hector R. Vasquez & Beatrice R. Vasquez, Borrowers, to the City of Grand Island, as
beneficiary to that of the new loan and Deed of Trust of Wells Fargo Bank, N.A., Beneficiary, as
more particularly set out in the subordination agreement.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, December 4, 2012
Council Session
Item G7
#2012-353 - Approving Agreement for Negotiation Services for the
US-30 Drainage Improvement Project
Staff Contact: Terry Brown, Interim Public Works Director
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Council Agenda Memo
From:Scott Griepenstroh, Project Manager
Meeting:December 4, 2012
Subject:Approving Agreement for Negotiation Services for the
US-30 Drainage Improvement Project
Item #’s:G-7
Presenter(s):Terry Brown, Interim Public Works Director
Background
All agreements must be approved by the City Council.
The purpose of the US-30 Drainage Improvement project is to construct storm sewer to
the detention cell at the former location of the Wasmer Elementary School from
connections on Second Street at Logan Street, Broadwell Avenue, and Madison Street.
The improvements will significantly reduce the likelihood of flooding during storm
events on Second Street. The project includes constructing drainage inlets on First Street
and Division Street between Logan Street and Madison Street, which will provide
drainage relief in those areas as well.
This project will receive Federal Funding through the Surface Transportation Program
(STP). The Federal Highway Administration (FHWA) has agreed to participate on 77%
of the construction costs, which STP funding would then be applied on an 80/20 basis.
The actual funding split for construction costs will be 61.6% Federal Aid and 38.4% local
funds. FHWA agreed to participate 100% on the costs for Preliminary Engineering, the
National Environmental Policy Act (NEPA) clearance process, and costs for acquisition
of temporary and permanent easements (80% Federal Aid and 20% Local Funds).
Nineteen temporary easements are required for installation of private water services in
accordance with Grand Island City Code, for reconstruction of sidewalks ramps in
accordance with the Americans with Disabilities Act and for construction of storm sewer
pipe. A permanent easement is required at one location for storm sewer pipe.
The Responsible Charge for this project is qualified to develop appraisal documents and
conduct negotiations for most of the easements that are being acquired due to their
simplicity and estimated value.
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Discussion
The law governing acquisition and relocation on federally assisted projects is Public Law
91-646; The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, commonly called the Uniform Act. The procedures to comply with this Act are
found in Section 49, Part 24 of the Code of Federal Regulations. On federally funded
transportation projects requiring acquisition of right-of-way, Local Public Agencies are
required to present to the Nebraska Department of Roads a Right-of-Way Certificate that
certifies property was acquired in accordance with the Uniform Act. On September 25,
2012, the City Council approved entering into contract with a qualified Appraisal Firm to
prepare “Compensation Estimates” for two tracts of identical ownership.
As per the Right-of-Way Acquisition Guide for Local Public Agencies, after formal
property valuation documents are prepared and reviewed, property acquisition may begin.
For property acquisition services, the selection of the firm Midwest Right of Way
Services, Inc. was made in accordance with the Right-of-Way Acquisition Guide for Local
Public Agencies. The Negotiation Services Contract must be executed before property
acquisition can begin. The basis of the final fee is as follows.
Acquisition Negotiation – 1 Owner at $1,900.00 Each = $1,900.00
TOTAL FEE = $1,900.00
Approval of Environmental Documents was received in July, 2012. Approval of 90%
Plans and acquisition of remaining easements are anticipated to be completed in the next
two months. Construction of this project is anticipated to begin in 2013.
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 the
Midwest Right of Way Services, Inc. for negotiation services for the US-30 Drainage
Improvement project.
Sample Motion
Move to approve the agreement.
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ACQUISITION SERVICES SPECIFICATIONS
A. PROJECT DESCRIPTION
The City of Grand Island will receive proposals for Acquisition Services for:
Project: URB-30-4(158)
CN: 40352A
Location: US-30 Drainage Improvement
The work required for this project is to negotiate for the acquisition of property needed by the City
of Grand Island to construct this project. This includes meetings with the City of Grand Island, plan
review, preparing status reports and submitting the necessary documents to the City of Grand
Island for each right of way tract.
The work is also described in detail in this document and as noted in Appendix A and B.
All those providing proposals will record their fee required for each tract and the total fee for the
project on Appendix B. In addition, also indicate the date you expect to be able to start and
complete the requested services assuming Notice to Proceed is given on November 28, 2012.
Further, Appendix B shall be signed and dated in the space provided.
B. CITY OF GRAND ISLAND TO PROVIDE
1. Provide the title searches.
2. Provide the construction plans and cross sections.
3. Provide the right of way plans.
4. Provide the Appraisal Project Report.
5. Provide Individual Tract Appraisals or Valuation Documents.
6. Provide Acquisition Brochures.
7. Provide Right of Way Contract forms.
8. Provide Deed forms.
9. Provide Permanent Easement Instrument forms.
10. Provide Rights Letter.
11. Provide Certificate of Negotiator.
12. Provide Lessee’s Contract forms.
13. 1099 Forms.
C. APPLICABLE PUBLICATIONS
The Acquisition Consultant shall follow the criteria of the current applicable publications listed here:
1. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
2. Nebraska Department of Roads Right of Way Manual.
D. INITIAL MEETING AND PLAN REVIEW
The Acquisition Consultant shall meet with the City of Grand Island to review the plans and
discuss the scope of work before beginning Acquisition activities.
E. TITLE RESEARCH
1. The Acquisition Consultant shall verify that the title information is correct and current at the
appropriate county offices.
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2. On total acquisition tracts, the Acquisition consultant will check for unpaid taxes, special
assessments, etc.
3. The Acquisition Consultant will check with the owner about the status of the encumbrances
shown and tactfully ascertain otherwise undisclosed liens, encumbrances, or other interests.
4. The Acquisition consultant shall provide to the City of Grand Island mortgage release
information and copies of Deeds of Trust.
F. ACQUISITION
1. The Acquisition Consultant(s) shall be licensed by the Nebraska Real Estate Commission.
2. The Acquisition Consultant shall make every effort to understand the projects’ objective, the
valuation documents, and the project’s impact on each property before meeting with
individual property owners.
3. The Acquisition Consultant shall make every reasonable effort to acquire expeditiously the
parcels listed herein.
4. The Acquisition Consultant shall make a prompt offer to acquire each parcel for the full
amount which has been established and approved as just compensation for the acquisition.
5. Upon initiation of negotiations, the Acquisition Consultant shall provide the owner of real
property to be acquired with a written statement of, and a summary of the basis for, the
amount which has been established as just compensation for the proposed acquisition.
6. The Acquisition Consultant shall make all reasonable efforts to personally contact each owner
or their designated representative, explain the acquisition, and offer in writing the approved
estimate of just compensation. When all efforts to make personal contact have failed or in the
event the property owner resides out of state, the owner may be contacted by certified or
registered first class mail or other means appropriate to the situation.
7. At the first contact where the offer is discussed, the Acquisition Consultant shall give the
owner the State’s brochure describing the land acquisition process and the owner’s rights,
privileges and obligations.
8. A revised offer and summary statement of just compensation shall be provided the owner if
the extent of the taking is revised or the approved estimate of just compensation is revised
by the Review Appraiser.
9. The Acquisition Consultant shall maintain adequate records to include a certificate of
negotiator and a call report for each parcel.
10. The call report shall contain at least the following:
the date and place of each contact
parties of interest contacted
offer made
report of the discussion with the owner
counter offer or reasons offer was not accepted
signature of the Agent and date signed by the Agent.
11. The Acquisition Consultant shall acquire the necessary property rights through amicable
negotiations, which is defined as the process by which property is acquired through written or
personal contact with the owner with the aim of reaching agreement on the terms of a
voluntary transfer of such property.
12. If the Acquisition Consultant’s negotiations do not succeed in obtaining the necessary
property rights and condemnation is required, the Acquisition Consultant shall deliver the
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tract files along with the updated title information, call reports, Basic Information Sheet and
completed Certificate of negotiator to the City of Grand Island.
G. REPORTS
The Acquisition Consultant shall submit a weekly status report explaining the status of each tract
and including any remarks which may need to be addressed.
H. NEGOTIATIONS
1. For this agreement, the Acquisition Consultant shall assume that approximately
two (2) tracts will need to be acquired.
2. All tracts will be acquired by the Acquisition Consultant, including those tracts with
owners living out of the State of Nebraska.
3. Tracts with identical ownerships are considered one tract for negotiation and payment
purposes.
4. The Acquisition Consultant is required to obtain all necessary signatures to complete the
transaction, including tenant releases.
5. All tenants may not have been identified at the start of the assignment. The Acquisition
Consultant is required to identify any additional tenants and to obtain their releases
without further compensation.
6. Each advertising sign is considered as a separate tract for negotiation purposes.
I. DELIVERABLES
The Acquisition Consultant shall submit the proper documents, as identified earlier, for each tract
upon completion of negotiation and acquisition of each tract. These documents are:
1. Properly executed right of way and easement contracts.
2. Deeds.
3. Call Reports.
4. 1099 Forms.
5. Completed Certificate of Negotiator.
6. Buyer’s copy of the valuation document.
7. Basic Information Sheet.
J. COMPLETION
The Acquisition Consultant’s work under this agreement will be considered done upon the submittal
of the last tract documents that the Acquisition Consultant is responsible for and, that the City of
Grand Island agrees that all tracts and documents for the project are done or accounted for and that
the Acquisition Consultant’s work is satisfactory.
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APPENDIX “A”
NONDISCRIMINATION CLAUSES
During the performance of this contract, the Acquisition Consultant, for itself, its assignees and
successors in interest (hereinafter referred to as the “Acquisition Consultant”), agrees as follows:
Compliance with Regulations: The Acquisition Consultant will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in federally assisted programs of the
Department of Transportation (Title 49, Code of Federal Regulations, Parts 21 and 27, hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
contract.
Nondiscrimination: The Acquisition Consultant, with regard to the work performed by it after award and
prior to completion of the contract work, will not discriminate on the basis of disability race, color, sex,
religion or national origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Acquisition Consultant will not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix “A”, “B”, and “C” of Part 21 of the
Regulations.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the Acquisition Consultant for work to be
performed under a subcontract, including procurements of materials or equipment, each potential
subcontractor or supplier shall be notified by the Acquisition Consultant of the Acquisition Consultant’s
obligations under this contract and the Regulations relative to nondiscrimination on the basis of
disability, race, color, sex, religion or national origin.
Information and Reports: The Acquisition Consultant will provide all information and reports required by
the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the City of
Grand Island to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of an Acquisition Consultant is in the exclusive possession of another
who fails or refuses to furnish this information, the Acquisition Consultant shall so certify to the City of
Grand Island as appropriate, and shall set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Acquisition Consultant’s noncompliance with the
nondiscrimination provisions of this contract, the City of Grand Island shall impose such contract
sanctions as it may determine to be appropriate, including but not limited to,
(a) withholding of payments to the Acquisition Consultant under the contract until the Acquisition
Consultant complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
Incorporation of Provisions: The Acquisition Consultant will include the provisions of paragraph (1)
through (6) in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Regulations, order, or instructions issued pursuant thereto. The Acquisition Consultant
will take such action with respect to any subcontract or procurement as the City of Grand Island may
direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,
however, that, in the event a Acquisition Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the Acquisition Consultant may
Grand Island Council Session - 12/4/2012 Page 105 / 116
request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand
Island.
MINORITY BUSINESS ENTERPRISES
Policy
The Acquisition Consultant and City of Grand Island agree to ensure that minority business enterprises
as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds under this agreement. Consequently, the
minority business requirements of 49 CFR Part 23 are hereby made a part of and incorporated by this
reference into this agreement.
Minority Business Enterprises Obligation
The Acquisition Consultant and City of Grand Island agree to ensure that minority business enterprises
as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with Federal funds provided under this
agreement. In this regard, the Acquisition Consultant shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum
opportunity to compete for and perform contracts. The Acquisition Consultant shall not discriminate on
the basis of disability; race, color, sex, religion or national origin, in the performance of FHWA assisted
contracts.
Failure of the Acquisition Consultant to carry out the requirements set forth above shall constitute breach
of contract and, after the notification of the FHWA, may result in termination of the agreement or contract
by the City of Grand Island or such remedy as the City of Grand Island deems appropriate.
DRUG-FREE WORKPLACE POLICY
The Acquisition Consultant shall have, on file with the City of Grand Island, an acceptable drug-free
workplace policy.
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APPENDIX B
LIST OF TRACTS TO BE ACQUIRED
TRACT NUMBER TYPE OF VALUATION DOCUMENT FEE
19 Perm and Temp Easement Compensation Estimate $ 950.00
20 Temp Easement Compensation Estimate $ 950.00
TOTAL FEE $ 1900.00
Full Day County Court Fee $1,200.00 Half Day County Court Fee $860.00
Start Date
Completion Date:
Submitted by:
Please Print
Please Sign
Address: Midwest Right of Way Services, Inc.
13425 “A” Street
Omaha, NE 68144
Grand Island Council Session - 12/4/2012 Page 107 / 116
AP-22
ACQUISITION SERVICES CONTRACT
This agreement, entered into this _____ day of _____________, 2012, by the City of Grand
Island, (herein called “Local Public Agency”) and Midwest Right of Way Services, Inc., (herein
called “Acquisition Consultant”) agrees:
In return for the total fee of $1900.00, as itemized in Appendix B, it is agreed that the
Acquisition Consultant shall negotiate on behalf of the Local Public Agency with the owners of each
tract identified for the acquisition of certain property rights in accordance with the Acquisition
Services Specifications, of which a copy is attached and made a part of this contract. The
acquisition of these certain property rights will be used in connection with:
Project: URB-30-4(158)
C. N.: 40352A
Location: US-30 Drainage Improvement, Grand Island, NE
An additional fee will be negotiated with the Acquisition Consultant for each additional parcel
added to this contract.
The fee for supplemental or revised tracts, which result in new or revised acquisition
documents, as a result of changes in the taking caused by the Local Public Agency, will be
negotiated with the Acquisition Consultant.
A billing statement for completed negotiations with a tract may be submitted to the Local
Public Agency at the time the Acquisition Consultant submits the Deliverables noted in paragraph I
of the Acquisition Services Specifications. Payment of eighty percent (80%) of the total fee will be
paid at that time. The balance of the total fee will be paid within ninety (90) days, providing the
documents are found to be acceptable and in accordance with the contract upon Local Public
Agency review. In the event the documents are found unacceptable by reason of noncompliance
with the terms of this contract, the final payment shall be withheld until such documents have been
revised or supplemented, without additional cost to the Local Public Agency, and found acceptable.
In the event a dispute arises concerning a question or fact in connection with the work not
specifically covered or referenced by any other terms of this contract, the Local Public Agency’s
management will determine the final position. Where no agreement can be reached, this contract
shall be terminated.
The contract may also be terminated when, in the opinion of the Local Public Agency, the
Acquisition Consultant’s services are unsatisfactory, or because of the Acquisition Consultant’s
failure to prosecute the work with due diligence, or within the time limits specified in this agreement,
or because of the Acquisition Consultant’s disability or death. The Local Public Agency may
terminate the services of the Acquisition Consultant by giving five (5) days written notice. In such
an event, the work, which has been completed, when the notice of termination is given by the Local
Public Agency, becomes the property of the Local Public Agency. The Local Public Agency’s
management shall arbitrate settlement for the completed work.
The Acquisition Consultant, as a condition of the above lump fee, agrees to attend
necessary meetings and conferences with representatives of the Local Public Agency, the
Nebraska Department of Roads and the United States Federal Highway Administration to discuss
the various aspects and phases of the work required by this contract. However, it is agreed that
additional payment for conferences with Local Public Agency attorneys for testimony in court or
witness fees for appearance in court shall be $860.00 for each half day or portion thereof, or
$1200.00 per day for any part of a day exceeding a half day.
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AP-22
All expenses incurred by the Acquisition Consultant are considered to be their liability and
are not to become an expense to the Local Public Agency except as provided for in this agreement.
The Acquisition Consultant agrees to complete the requirements noted in the Acquisition
Services Specifications on or before _________________. The Local Public Agency assumes no
liability for work performed or costs incurred prior to the beginning date or subsequent to the
contract completion date. Supplemental or revised acquisition documents caused by the Local
Public Agency’s actions will be cause to change this to a later date only by mutual written
agreement between the parties to this contract. It is further agreed by the Acquisition Consultant
that they will furnish the Local Public Agency a written progress report of the work accomplished on
the Project as requested.
A penalty of $1.00 per normal working day will be assessed against and deducted from the
agreed-upon Fee, as per this contract, for each normal working day that the completed assignment
is overdue. A normal working day is defined as Monday through Friday. Any extension beyond the
agreed-upon completion date of _________________ will be only by mutual written agreement
between the parties of this contract.
The Acquisition Consultant warrants that they have not employed or retained any company
or person, other than a bona fide employee working solely for the Acquisition Consultant, to solicit
or secure this contract, and that they have not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the Acquisition Consultant, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warranty, the Local Public Agency
shall have the right to annul this contract without liability.
If the Acquisition Consultant discovers or is informed by the Local Public Agency of the
existence of any possible conflict of interest on the part of the Acquisition Consultant, the
Acquisition Consultant shall immediately cease all activity in connection with such services, and
promptly notify the Local Public Agency, in writing, of all relevant facts and circumstances pertaining
to such conflict, so the Local Public Agency may take such action as it deems appropriate, including
but not limited to, the exclusion of any tract or tracts involved from this agreement.
The acquisition documents are agreed to be confidential between the parties hereto, and a
breach of such confidence shall be considered material breach of this contract unless the disclosure
of the contents of the report shall be in response to a subpoena or other lawful court order.
It is the intention of the parties that the valuation documents and services contracted for are
the personal services of the Acquisition Consultant as named. Subletting or transferring the work
contracted for in this agreement is expressly prohibited and failure to comply shall be deemed a
material breach of the contract.
The Acquisition Consultant agrees to abide by the provisions of the Nebraska Fair
Employment Practice Act as provided by Nebraska Revised Statute, Section 48-1101 through 48-
1126 (Reissue 1988), and all regulations relative to nondiscrimination in federally assisted
programs of the Department of Transportation, Title 49 CFR, Parts 21 and 27, the Minority
Business Enterprises Policy and the Drug-Free Workplace Policy as set forth in Appendix “A”
attached hereto and hereby made a part of this agreement.
Any notice provided for or concerning this agreement shall be in writing and shall be
deemed sufficiently given when sent by mail if sent to the respective address of each party.
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AP-22
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the Acquisition Consultant this _____ day of _____________, 2012.
____________________________________ ____________________________________
Witness Acquisition Consultant
EXECUTED by _____ day of _____________, 2012.
Local Public Agency
City of Grand Island
APPROVED:
________________________________________________
Authorized Signature
Grand Island Council Session - 12/4/2012 Page 110 / 116
Approved as to Form ¤ ___________
November 30, 2012 ¤ City Attorney
R E S O L U T I O N 2012-353
WHEREAS, the City of Grand Island, in accordance with the Right-of-Way
Acquisition Guide for Local Public Agencies, has negotiated property acquisition services with
Midwest Right of Way Services, Inc. for the US 30 Drainage Improvement Project; and
WHEREAS, such services include Acquisition Negation of $1,900.00 for one (1)
property, with the possibility of half day ($860) and daily ($1,200) rates being applied, per
contract, should attendance at meetings pertaining to this project become necessary.
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 Midwest Right of Way Services, Inc. for acquisition negotiation services in
connection with the US 30 Drainage Improvement Project 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, December 4, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2012 Page 111 / 116
City of Grand Island
Tuesday, December 4, 2012
Council Session
Item I1
#2012-354 - Approving Power Transaction Authorization Policy
with the Southwest Power Pool (SPP)
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 12/4/2012 Page 112 / 116
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Meeting:December 4, 2012
Subject:Approving Power Transaction Authorization Policy
Item #’s:I-1
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Prior to 2009, Nebraska utilities conducted power purchases and sales with each other via
bilateral transactions. Bilateral transactions are simply two utilities agreeing on a quantity
and price. In 2009, all large Nebraska utilities including Nebraska Public Power District,
Omaha Public Power District and Lincoln Electric Systems officially joined Southwest
Power Pool (SPP). SPP is a Regional Transmission Operator that, among other things
provides a real-time energy market that allows participants to buy and sell power directly
into the market and avoid the interaction with multiple companies that come with
bilateral transactions. Bilateral transactions still continue and this is the only way that
Grand Island currently buys and sells power with other companies.
In 2014, SPP plans to deploy a new market called the Integrated Market. This market
increases in complexity and requires utilities to provide next day forecasting and pricing
information in an effort to utilize the lowest cost energy for load. It will also have a real-
time energy market for correcting imbalances from the day-ahead market. With the onset
of the integrated market, bilateral transactions will most likely be phased out entirely, and
SPP will serve Grand Island’s load requirements and dispatch its generating units as
required to provide for the system’s demand.
Discussion
The traditional bilateral transactions were normally short-term purchases to supplement
load requirements or allow sales of excess generation, and often resulted in a relatively
minimal net monetary exchange. With the coming Integrated Market, the daily generation
and load transactions will actually be considered separately by SPP, which will result in
significant financial obligations on a transaction basis. In order to conduct these
transactions, SPP requires a copy of those authorized to conduct a transaction and the
financial limit of that authorization. As these transactions were historically done as part
Grand Island Council Session - 12/4/2012 Page 113 / 116
of long working relationships between publicly owned utilities as a mutual benefit to
keep the lights on, the Department has not had a formal policy. To comply with SPP
requirements, and as a matter of good business practice, the Department staff has
developed the attached recommendations for authorized positions term of transaction and
financial limits. It is based on cases that City load requirements must be met upon the
purchase of power from outside sources either because of the loss of generating sources
or because of possible transaction billing methods by SPP. These cases are intended to
reflect the normal operations of ensuring power that is available to the City up to a
month. Longer term situations or transaction opportunities above these limits would
require Council authorization. This would include a catastrophic failure of a generating
unit or a long term transaction agreement with another utility.
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 authorize the Utilities Department
Power Transaction Authorization Policy.
Sample Motion
Move to authorize the Utilities Department Power Transaction Authorization Policy.
Grand Island Council Session - 12/4/2012 Page 114 / 116
City of Grand Island Utilities Department
Power Transaction Authorization Policy
Operational Policies and Guidelines
In order to conduct normal operational requirements of the City of Grand Island electric system,
power supply transactions and associated financial commitments must be performed by Utilities
Department staff with the Regional Transmission Operator and associated electric utilities. The
following transaction limits are established to allow the normal business of the electric system
activities.
Utilities Staff Position Transaction Term Transaction Limit
Dispatcher Up to 1 day Up to $165,000
Sr. Dispatcher or Sr. Engineer Up to 3 days Up to $450,000
Asst. Utilities Director - Transmission Up to 7 days Up to $1,250,000
Utilities Director Up to 30 days Up to $4,500,000
Approval for all transactions greater than the above financial limits or durations shall require
City Council approval.
Effective: December 5, 2012
Grand Island Council Session - 12/4/2012 Page 115 / 116
Approved as to Form ¤ ___________
November 30, 2012 ¤ City Attorney
R E S O L U T I O N 2012-354
WHEREAS, with the upcoming Integrated Market, daily generation and load
transactions will be considered separately by the Southwest Power Pool (SPP), which will result
in significant financial obligations on a transaction basis; and
WHEREAS, in order to conduct these transactions, SPP requires a copy of those
authorized to conduct a transaction and the financial limit of that authorization; and
WHEREAS, Utilities Department Staff developed recommendations for
authorized positions’ term of transaction and financial limits based on cases that City load
requirements must be met upon the purchase of power from outside sources either because the
loss of generating sources or because of possible transaction billing methods by SPP; and
WHEREAS, in order to conduct normal operational requirements of the City of
Grand Island electric system, power supply transactions and associated financial commitments
must be performed by Utilities Department staff with the Regional Transmission Operator and
associated electric utilities; and
WHEREAS, these cases are intended to reflect the normal operations of ensuring
power is available to the City up to a month; and
WHEREAS, approval for all transactions greater than the above financial limits or
durations shall require City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Utilities Department Power
Transaction Authorization Policy dated December 5, 2012 is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2012.
_____________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2012 Page 116 / 116