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02-12-2013 City Council Regular Meeting Packet City of Grand Island Tuesday, February 12, 2013 Council Session Packet City Council: Linna Dee Donaldson Scott Dugan John Gericke Peg Gilbert Chuck Haase Julie Hehnke Vaughn Minton Mitchell Nickerson Bob Niemann Mike Paulick Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 2/12/2013 Page 1 / 214 City of Grand Island Tuesday, February 12, 2013 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 Jack Gillam, Trinity Lutheran Church, 212 West 12th 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 - 2/12/2013 Page 2 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item E1 Public Hearing on Request from RMH Franchise Corporation dba Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue for a Class “I” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 2/12/2013 Page 3 / 214 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:February 12, 2013 Subject:Public Hearing on Request from RMH Franchise Corporation dba Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue for a Class “I” Liquor License Item #’s:E-1 & I-1 Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion RMH Franchise Corporation dba Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Grand Island Council Session - 2/12/2013 Page 4 / 214 Also submitted with the application was a request from John Gabel, 9500 South 64th Street, Lincoln, NE for a Liquor Manager Designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for RMH Franchise Corporation dba Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue for a Class “I” Liquor License contingent upon final inspections and Manager Designation for John Gabel, 9400 South 64th Street, Lincoln, NE contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 2/12/2013 Page 5 / 214 02/06/13 Grand Island Police Department 450 10:11 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 16:05:22 01/28/2013 Occurred before : 16:05:22 01/28/2013 When reported : 16:05:22 01/28/2013 Date disposition declared : 01/28/2013 Incident number : L13013280 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 721 Diers Ave N State abbreviation : NE ZIP Code : 68803 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 18776 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- NM 182867 02/05/13 Gabel, John C Liquor Manager NM 54888 02/01/13 Applebees, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: Applebee's is Seeking a New Liquor License. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF Alcohol Offense 0.00 Grand Island Council Session - 2/12/2013 Page 6 / 214 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 14:25:54 02/01/2013 318 Grand Island Police Department Supplemental Report Date, Time: Fri Feb 01 14:26:09 CST 2013 Reporting Officer: Vitera Unit- CID Applebee's already has a Class I (beer, wine, distilled spirits on sale only) Corporate liquor license. It appears they changed ownership, received a Temporary Operating Permit (TOP), and are seeking a new Class I Corporate license. John Gable is applying to be the liquor manager. Officers listed on the application are: Jeffrey and Julie Neumann from New Jersey, Daniel and Patricia Jinich from Maryland, and Joseph and Eileen Leone from New Jersey. The three women did not disclose any convictions, and they all signed a Spousal Affidavit of Non Participation form. Jeffrey disclosed three speeding convictions, and a "cell phone ticket." Daniel advised that he has speeding tickets but can't remember the details. Joseph disclosed a speeding ticket and acknowledged that he may have other minor traffic violations which he can't recall. With all of the corporate officers living on the East Coast, fingerprint submissions will have to determine their eligibility to receive a liquor license. While reviewing the manager's application, I noticed that John Gable stated that he has lived in Lincoln, NE since at least 2002. He is married, and his wife Mary signed a Spousal Affidavit of Non Participation. John disclosed a possession of illegal fireworks conviction back in 1981, willful reckless driving in 1991 or 1992, traffic sign/signal in 2008, a couple of speeding violations, and potentially other minor traffic convictions that he can't remember. His wife (Mary) didn't disclose any convictions. I checked on John through Spillman and NCJIS. He did not have an entry in Spillman, and he didn't have any undisclosed convictions in NCJIS. Mary wasn't in Spillman, and she just had a driver's license entry in NCJIS. I also checked the corporate officers through Spillman and NCJIS. None of them were in either database. Grand Island Council Session - 2/12/2013 Page 7 / 214 All in all, from a law enforcement perspective, I didn't find any problems with John Gabel's manager's application. If there are any issues with the corporate liquor license, they should be discovered and addressed at the State level. Applebee's already has a license, and it appears that the transition in ownership and management should be a smooth one. The Grand Island Police Department has no objection to the new license or to John Gabel becoming the liquor manager. Grand Island Council Session - 2/12/2013 Page 8 / 214 Webb Rd NDiers Ave N13th St W US Highway 281 NAllen DrFaidley Ave W Old Potash Hwy W Kennedy DrSagewood AveStonewood AveWilmar Ave15th St W 14th St W Kaufman Ave North Front St WWindridge AveRidgewood AveDeerwood Ave Weis DrMemphis PlCedar Ridge CtMagnolia Ct Arlington Cir Isle RdKennedy Cir Concord Ave Kennedy WayPine Ridge StFaidley PlFaidley CtCedar Ridge StUS Highway 281 Nµ Liquor Application721 Diers Ave.Applebee's Legend Liquor License Locations 271 Diers Ave 1500'Radius Grand Island Council Session - 2/12/2013 Page 9 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item E2 Public Hearing on Acquisition of Utility Easement - 3800 Block of East Hwy. 34 - Bosselman Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 2/12/2013 Page 10 / 214 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:February 12, 2013 Subject:Acquisition of Utility Easement – Bosselman - 3800 Block of East Highway 34 Item #’s:E-2 & G-4 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Charles D. Bosselman Jr. and Laura L. Bosselman, located in the 3800 block of East Highway 34, in the City of Grand Island, Hall County, Nebraska, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The Bosselmans are adding a new building to their property along Highway 30, west of the Platte River Bridge. The newest building is on the opposite side of a lake and a considerable distance from the primary residence. New underground primary cable and a pad-mounted single phase transformer will need to be installed to provide electricity to the new building. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 2/12/2013 Page 11 / 214 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement from Charles and Laura Bosselman for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 2/12/2013 Page 12 / 214 Grand Island Council Session - 2/12/2013 Page 13 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item E3 Public Hearing on the One & Six Year Street Improvement Plan Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/12/2013 Page 14 / 214 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:February 12, 2013 Subject:Public Hearing on the One & Six Year Street Improvement Plan Item #’s:E-3 & I-6 Presenter(s):Terry Brown, Interim Public Works Department Background Adoption of a One & Six Year Street Improvement Plan is mandatory by State Law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. The Public Works Department develops this program through a process to prioritize street projects taking into consideration many factors such as: Availability of funds Condition of the street Traffic counts Eligibility for State/Federal funds Redevelopment patterns Public/Council input The City engages in a public process to assure input into the policy making process. The proposed One & Six Year Street Improvement Plan is a result of the following steps: Tuesday, January 22, 2013 – City Council referred the plan to the Regional Planning Commission Wednesday, February 6, 2013 – Regional Planning Commission conducted a Public Hearing and forwarded the recommendation to the City Council Tuesday, February 12, 2013 – City Council hears presentation from Staff, conducts Public Hearing and passes a Resolution adopting the plan February 26, 2013 – One & Six Year Street Improvement Plan due at the Nebraska Department of Roads Grand Island Council Session - 2/12/2013 Page 15 / 214 Discussion A Public Hearing was conducted, testimony received and discussion held on the One & Six Year Street Improvement Plan at the Grand Island/Hall County Regional Planning Commission meeting on February 6, 2013. The commission forwarded the One & Six Year Street Improvement Plan to the City Council with a recommendation for approval. The projects listed in the One & Six Year Plan for calendar year 2013 are considered definite projects. These projects were in the approved fiscal year 2013 budget. Many of the projects listed in the One & Six Year Plan for 2014 through 2018 are included in the City’s budget, but are subject to schedule changes depending upon coordination and approval of State and Federal funding. 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 conduct a Public Hearing and approve the One & Six Year Street Improvement Plan. Sample Motion Move to approve the One & Six Year Street Improvement Plan. Grand Island Council Session - 2/12/2013 Page 16 / 214 PUBLICWORKS1 & 6 YEAR STREET IMPROVEMENT PLANPresented by: Terry BrownGrand IslandCouncil Session - 2/12/2013Page 17 / 214 PUBLICWORKSGrand IslandCouncil Session - 2/12/2013Page 18 / 214 PUBLICWORKSGrand IslandCouncil Session - 2/12/2013Page 19 / 214 PUBLICWORKSGrand IslandCouncil Session - 2/12/2013Page 20 / 214 Grand Island Council Session - 2/12/2013 Page 21 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item F1 #9420 - Consideration of Creating of Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/12/2013 Page 22 / 214 Council Agenda Memo From:Keith Kurz, Public Works Engineer Meeting:February 12, 2013 Subject:Consideration of Creation of Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks Item #’s:F-1 Presenter(s):Terry Brown, Interim Public Works Director Background Council action is needed to create a Street Improvement District as directed by Nebraska Revised Statutes §16-619. If the District is created, a notice will be mailed to all affected property owners and a 20-day protest period will begin as defined by Nebraska Revised Statutes $16-619. If the district passes the protest and the Council continues the district, plans will be prepared. The City will then bid, construct, and levy special assessments for the work. Discussion The District will consist of south Webb Road extending north from Stolley Park Road to the Union Pacific Railroad tracks. The project would consist of widening the roadway from 24’ to 41’ for a 3-lane section with improved drainage and elimination of the ditch section. This project is currently estimated at $1.7 million and would be assessed to adjacent property owners, including City property. A majority of property owners have signed the district creation petition form. 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 - 2/12/2013 Page 23 / 214 Recommendation City Administration recommends that the Council approve the creation of Street Improvement District No. 1260; south Webb Road extending north from Stolley Park Road to the Union Pacific Railroad tracks. Sample Motion Move to approve creation of Street Improvement District No. 1260. Grand Island Council Session - 2/12/2013 Page 24 / 214 Grand Island Council Session - 2/12/2013 Page 25 / 214 Grand Island Council Session - 2/12/2013 Page 26 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney ORDINANCE NO. 9420 An ordinance to create Street Improvement District No. 1260; to define the boundaries of the district; to provide for the improvement of a street within the district by paving, curbing, guttering, storm drainage, sidewalks, and other incidental work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1260 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The properties included in such district shall be as follows: Parcel No.Owner Legal Description 400150638 CITY OF GI LOT 1, HIGHWAY 281 ESTATES, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400150441 MEAD BUILDING CENTERS OF GRAND ISLAND LOT 2, HIGHWAY 281 ESTATES, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400150654 DINSY, LLC LOT 2, HAMILTON-KINMAN SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA • THIS SPACE RESERVED FOR REGISTER OF DEEDS • Grand Island Council Session - 2/12/2013 Page 27 / 214 ORDINANCE NO. 9420 (Cont.) - 2 - 400150468 DINSY, LLC MISCELLANEOUS TRACTS 24-11-10 PT SE 1/4 1 AC, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400150646 DINSY, LLC LOT 1, HAMILTON-KINMAN SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400150433 HANSEN/JUDY D JULIE D JOHNSON MISCELLANEOUS TRACTS 24-11-10 PT SE 1/4 3.90 AC, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400146630 KPT INC MISCELLANEOUS TRACTS 20-11-9 PTNW 1/4 SW 1/4 & PT SEC 19-11-9 .98 AC, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013533 GILLHAM/BARBARA M & RICHARD D PART OF LOT 8, BACHMAN & LESTER SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013460 GILLHAM/BARBARA M & RICHARD D ALL OF LOTS 6 & 7 & PART OF LOT 8, BACHMAN & LESTER SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013487 1321 WEBB ROAD, LLC % AXIS CAPITAL INC PART OF LOT 9, BACHMAN & LESTER SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013495 GILLHAM/BARBARA M & RICHARD D ALL OF LOT 10 & PART OF LOTS 11 & 12, BACHMAN & LESTER SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400095475 1321 WEBB ROAD, LLC % AXIS CAPITAL INC LOT 1, STOLTENBERG SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013525 STAUSS/JAMES A & CAROL J LOT 19, BACHMAN & LESTER SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013576 FOX/DAVID W & CINDY A W 159' N 1/2 OF LOT 20, BACHMAN & LESTER SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013541 BRENTON/ROBERT & MARY L E 72' N 1/2 OF LOT 20, BACHMAN & LESTER SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013568 BRENTON/ROBERT & MARY L S 1/2 OF LOT 20, BACHMAN & LESTER SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013606 LYMAN-RICHEY CORPORATION LOT 25, BACHMAN & LESTER SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400013517 LYMAN-RICHEY CORPORATION LOT 2, WILSON CONCRETE SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 400492277 CITY OF GRAND ISLAND PART OF THE NORTH PORTION, GRAND ISLAND CITY CEMETERY ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA SECTION 3. The following street in the district shall be improved by paving and other incidental work in connection therewith: Webb Road in the City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 2/12/2013 Page 28 / 214 ORDINANCE NO. 9420 (Cont.) - 3 - Said Improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect form and after its passage and publication, without the plate, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plate, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: February 12, 2013 __________________________________________ Jay Vavricek, Mayor Attest: ______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 29 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G1 Approving Minutes of January 22, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 2/12/2013 Page 30 / 214 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 22, 2013 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 January 22, 2013. Notice of the meeting was given in The Grand Island Independent on January 16, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Bob Niemann, Linna Dee Donaldson, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. Councilmember Chuck Haase was absent. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Robert Sivick, Interim Public Works Director Terry Brown and Finance Director Jaye Monter. INVOCATION was given by Pastor John Hayes, Grace Baptist Church, 1115 South Vine Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Ashley Bykerk. PRESENTATIONS AND PROCLAMATIONS: Presentation by Mike Olson, Executive Director of the Central Nebraska Regional Airport on the State of the Airport Address. Executive Director Mike Olson presented a PowerPoint presentation on the state of the airport. Mentioned was this was the 75th year of the airport. Added this last year was a medical transport service the Life Team. Coming this year will be a new terminal, additional parking, and a t-hanger. Coming in 2014 will be the start of a new airport terminal with additional expansion in 2025. Enplanements for 2012 were 56,000, well above previous years. BOARD OF EQUALIZATION: Motion by Gilbert, second by Dugan, carried unanimously to adjourn to the Board of Equalization. #2013-BE-1 – Board of Equalization Hearing for Water Main District 457 – Pioneer Blvd. Utilities Director Tim Luchsinger reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Water Main District No. 457. Special assessments were for the amount of $241,420.40. Explained was the method of assessment by per lot instead of per front footage. Councilmember Gilbert explained the history of these water districts. She commented on discussions with the Environmental Protection Agency (EPA) regarding in-house filters and the opportunity for the EPA helping pay for water hookups. Motion by Gilbert, second by Nickerson to approve Resolution #2013-BE-1. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 2/12/2013 Page 31 / 214 Page 2, City Council Regular Meeting, January 22, 2013 #2013-BE-2 – Board of Equalization Hearing for Water Main District 459 – Park Drive. Utilities Director Tim Luchsinger reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Water Main District No. 459. Special assessments were for the amount of $163,313.80. Explained was the method of assessment by per lot instead of per front footage. Bob Lathen, 2521 Park Drive commented on the construction work regarding replacing grass. Mr. Luchsinger stated the City had a one year warranty with the contractor and would see that this problem was taken care of for all property owners. Motion by Gilbert, second by Donaldson to approve Resolution #2013-BE-2. Upon roll call vote, all voted aye. Motion adopted. #2013-BE-3 – Board of Equalization Hearing for Water Main District 460 – Grand Avenue, Riverview Drive & August Street. Utilities Director Tim Luchsinger reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Water Main District No. 460. Special assessments were for the amount of $255,621.60. Explained was the method of assessment by per lot instead of per front footage. Motion by Gilbert, second by Dugan to approve Resolution #2013-BE-3. Upon roll call vote, all voted aye. Motion adopted. #2013-BE-4 – Board of Equalization Hearing for Water Main District 461 – Hagge Avenue & William Street. Utilities Director Tim Luchsinger reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Water Main District No. 461. Special assessments were for the amount of $291,124.60. Don Mehring, 102 Ponderosa Drive spoke against the method of assessment. Jerry Jensen, 721 Hagge questioned the testing of the ground water. Comments were made regarding the EPA testing. Motion by Gilbert, second by Dugan to approve Resolution #2013-BE-4. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Nickerson carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from Kandra Wilson dba The Faucet, 920 N. Diers Avenue, Suite 1 for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from Kandra Wilson dba The Faucet, 920 N. Diers Avenue, Suite 1. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on January 7, 2013; notice to the general public of date, time, and place of hearing published on January 12, 2013; notice to the applicant of date, time, and place of hearing mailed on January 7, 2013; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Bill Kelly, 323 Grand Island Council Session - 2/12/2013 Page 32 / 214 Page 3, City Council Regular Meeting, January 22, 2013 East Stolley Park Road, Attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing on Amending Chapter 36 of the Grand Island City Code Relative to Accessory Building and Uses and Landscaping Requirements. Regional Planning Director Chad Nabity reported that the City of Grand Island and Hall County zoning regulations allowed for varying side and rear yard setbacks for accessory structures based on the size of the lot. The changes to the City Code regarding accessory buildings were designed to create consistency between the language of the code and the way the code had been interpreted and enforced. The changes to the landscaping regulations were designed to encourage consistency between the multiple regulatory schemes with which the Airport must comply. Staff recommended approval. Mike Olson, 3741 Sky Park Road spoke in support. No further 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: #9415 – Consideration of Assessments for Water Main District 457 – Pioneer Blvd. #9416 – Consideration of Assessments for Water Main District 459 – Park Drive #9417 – Consideration of Assessments for Water Main District 460 – Grand Avenue, Riverview Drive & August Street #9418 – Consideration of Assessments for Water Main District 461 – Hagge Avenue & William Street #9419 – Consideration of Amending Chapter 36 of the Grand Island City Code Relative to accessory Building and Uses and Landscaping Requirements 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 Dugan seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9415 – Consideration of Assessments for Water Main District 457 – Pioneer Blvd. #9416 – Consideration of Assessments for Water Main District 459 – Park Drive #9417 – Consideration of Assessments for Water Main District 460 – Grand Avenue, Riverview Drive & August Street #9418 – Consideration of Assessments for Water Main District 461 – Hagge Avenue & William Street Motion by Dugan, second by Nickerson to approve Ordinances #9415, #9416, #9418, and #9418. City Clerk: Ordinances #9415, #9416, #9417, and #9418 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9415, #9416, #9417, and #9418 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 2/12/2013 Page 33 / 214 Page 4, City Council Regular Meeting, January 22, 2013 Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9415, #9416, #9417, and #9418 are declared to be lawfully adopted upon publication as required by law. #9419 – Consideration of Amending Chapter 36 of the Grand Island City Code Relative to accessory Building and Uses and Landscaping Requirements This item related to the aforementioned Public Hearing. Discussion was held regarding lot dimensions/mid-point, front, side, and back yard setbacks. Mr. Nabity explained the reasons for the changes and current language in City Code. Building Department Director Craig Lewis stated these changes would keep the regulations and enforcement consistent. Motion by Dugan, second by Donaldson to approve Ordinance #9419. City Clerk: Ordinance #9419 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 #9419 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 #9419 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Agenda item G-4 was removed from the agenda for further discussion. Motion by Dugan, second by Minton to approve the Consent Agenda excluding item G-4. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 8, 2013 City Council Regular Meeting. Approving Minutes of January 15, 2013 City Council Study Session/Special Meeting. Councilmember Gericke abstained. Approving Minutes of January 17, 2013 City Council Special Meeting. Councilmembers Gericke and Hehnke abstained. #2013-18 – Approving Contract with Kinghorn Gardens of Omaha, NE for Landscaping Design Services for a Biofiltration at the Library in the Amount of $7,300.00. Community Development Administrator Marco Floreani reported that the City of Grand Island had received a $25,000 grant for landscaping several years ago. A biofiltration garden and beautification project was requested. Library Director Steve Fosselman commented on using eight parking spaces for this project. Interim Public Works Director Terry Brown explained the water quality from this project. Mentioned was a similar project by JBS. Grand Island Council Session - 2/12/2013 Page 34 / 214 Page 5, City Council Regular Meeting, January 22, 2013 Motion by Nickerson, second by Minton to approve Resolution #2013-18. Upon roll call vote, Councilmembers Minton, Paulick, Gericke, Nickerson, Hehnke, Donaldson, and Niemann voted aye. Councilmembers Dugan and Gilbert voted no. Motion adopted. #2013-19 – Approving Final Plat and Subdivision Agreement for Dinsdale Subdivision. It was noted that Dinsey, LLC, owner, had submitted the Final Plat and Subdivision Agreement for Dinsdale Subdivision for the purpose of creating 2 lots on property located north of Stolley Park Road and west of Webb Road containing 12.589 acres. #2013-20 – Approving Final Plat and Subdivision Agreement for Dowd Second Subdivision. It was noted that Auto One, Inc., owner, had submitted the Final Plat and Subdivision Agreement for Dowd Subdivision for the purpose of creating 2 lots on property located north of Fonner Park road and east of Locust Street containing .693 acres. #2013-21 – Approving the Extension of the Western Area Power Administration Contract through December 31, 2050. #2013-22 – Approving Change Order #1 for the Turbine Generator Inspection and Repair – Technical Representative with S.T. Cotter Turbine Services, Inc. of Clearwater, MN for an Increase of $11,091.32 and a Revised Contract Amount of $71,742.63. #2013-23 – Approving Mercury and Air Toxic Standards Retrofit Project Contract with AMEC of Tucker, Georgia in an Amount of $41,189,331.00. #2013-24 – Approving Bid Award for Two (2) Storm Water Pumps for the Solid Waste Division with DJ Gongol & Associates, Inc. of West Des Moines, IA in an Amount of $107,656.00. REQUESTS AND REFERRALS: Approving Referral of the One & Six Year Street Improvement Plan to the Regional Planning Commission. Interim Public Works Director Terry Brown reported that that adoption of a One and Six Year Street Improvement Plan was required by State law as part of the requirements to receive approximately three million dollars of gas tax funds each year. If approved for referral, the Regional Planning Commission would conduct a Public Hearing at their February 6, 2013 meeting and would forward their recommendations to the City Council at their February 12, 2013 regular meeting. The report would then be submitted to the Nebraska Department of Roads by March 1, 2013. A PowerPoint presentation was given showing the 2013, 2014, 2015, 2016, 2017, and 2018 and beyond Construction projects and amounts. Discussion was held regarding Federal Aid funding on Capital Avenue. Mr. Brown stated the environmental document needed to clear hurtles before the City could move forward with the project. Mentioned was that the MPO would drive the One & Six Year Street Improvement Plan in the future. Motion by Gilbert, second by Gericke to approve the One & Six Year Street Improvement Plan to the Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 2/12/2013 Page 35 / 214 Page 6, City Council Regular Meeting, January 22, 2013 RESOLUTIONS: #2013-25 – Consideration of Request from Kandra Wilson dba The Faucet, 920 N. Diers Avenue, Suite 1 for a Class “C” Liquor License. This item related to the aforementioned Public Hearing. Motion by Gericke, second by Minton to approve Resolution #2013-25 contingent upon final inspections. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Gericke to approve the Claims for the period of January 9, 2013 through January 22, 2013, for a total amount of $4,299,988.25. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:03 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/12/2013 Page 36 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G2 Approving Minutes of January 29, 2013 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 2/12/2013 Page 37 / 214 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION January 29, 2013 Pursuant to due call and notice thereof, a Study Session 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 January 29 2013. Notice of the meeting was given in the Grand Island Independent on January 24, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Scott Dugan, John Gericke, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. Councilmember Peg Gilbert was absent. 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 Community Youth Council member Miranda Wieczorek followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced CYC member Miranda Wieczorek. SPECIAL ITEMS: Strategic Policing Progress Report Review. Police Chief Steve Lamken reported that the Police Department had provided to the City Council, media, and public on the Police Department web site a report on the Public Safety Implementation update. A comprehensive public safety study was presented in 2012 by IMCA and recommended the Police Department implement a strategic policing model and adopt performance standards. The Department developed a four year implementation plan. Presented was a review of the strategic policing progress report. The following Performance Objectives were presented: Performance Objective 1.A. Track Performance Measures as Indicators of Department Progress o Reduce Violent Crime as Reported in the UCR – 265 violent crimes per 100,000 population. o Reduce Property Crimes as Reported in the UCR – 3508 property crimes per 100,000 population. o Reporting mechanisms are in place. UCR crime reporting monthly and per 100,000 population annually. Performance Objective 1.B. Hold Criminal Offenders Accountable o Violent Crime Clearance Rate of 49.9% o Property Crime Clearance Rate of 21.3% o Reporting mechanisms are in place. UCR crime clearances will be reported monthly and annually. Performance Objective 1.C. Reduce Fear of Crime Grand Island Council Session - 2/12/2013 Page 38 / 214 Page 2, City Council Study Session, January 29, 2013 o Requires a community survey that is outside the scope of resources in the Department. Recommend that strategic policing be fully implemented and a survey be conducted after one year of full implementation. Survey recommended for 2016. Performance Objective 1.D. Public Centered Crime Defense – Crime Prevention Unit and number of programs delivered. o Crime Prevention Unit will be established in spring of 2013 when the Service Desk Officer is reassigned to Patrol. o Reporting mechanisms are in place. Number of programs will be reported monthly and annually. Performance Objective 1.E. Maintain an Injury Accident Rate to be Determined Accident rate of 7.5 per 1,000 population established by using average of 2008, 2009 and 2010 Dept. of Highway Safety accident data. o Conflict with data entered into Department system and NE Department of Highway Safety data. o Dept. of Highway Safety data is months behind. o Will determine if reported monthly or annually. Performance Objective 1.F. Maintain Average Response Time of – 5 Minutes to Priority One Calls o Problem with how Priority One is categorized in Spillman. o Considering use of three call classifications: Injury Accident, Disturbance, and Domestic Disturbance. o Reporting mechanisms are in place. Concerns regarding validity of data. Once resolved, reporting monthly and annually. Performance Objective 1.F. Maintain a saturation index of under 60% for Patrol resources as shown by workload analysis o Requires significant data analysis that may be outside the scope of the Department. Recommend that strategic policing be fully implemented and a survey be conducted after one year of full implementation. Survey recommended for 2016. Performance Objective/Recommendation 1.G. Track Clearance Rates for Criminal Division Investigators o Three tier case clearance system developed based on solvability factors. o Reporting mechanisms are in place. Composite of clearances by the Division will be reported annually. Recommendation 2.A. Create a third shift of officers and staff with adequate resources Goal – Hire 5 new officers and realign patrol shifts o Three Officers hired in December 2012 o New Civil Service list approved in November 2012 o Processing applicants to hire four additional Officers in first half of 2013 Recommendation 2.B. Create a team of Special Operations Sergeants to lead the strategic policing initiatives Goal – Appoint four Sergeants to Special Operations o Sergeant promotional process conducted December/January. Grand Island Council Session - 2/12/2013 Page 39 / 214 Page 3, City Council Study Session, January 29, 2013 o Four Sergeants selected to serve as Special Operations Sergeants. Enrolled in a two day training program for February. o Recommendation to promote an additional Sergeant to provide for the ten Sergeants recommended in Patrol. Recommendation 2.C. Create a Crime Prevention Program and staff with a sworn Officer Goal – Appoint and train a Police Officer as the crime prevention officer o Police Officer has been selected to start the Crime Prevention Unit. o The Officer will be assigned to Crime Prevention in the first half of 2013 when the Service Desk Officer is reassigned to Patrol. Recommendation 2.D. Civilianize the Service Desk Officer position and Reassign to Patrol Goal – Replace Officer with Police Records Clerk and Train Clerks in Duties o Currently in Police Records Clerk application process. o Records Clerks training to perform duties. o Officer reassigned to Patrol (Crime Prevention) in first half of 2013. Recommendation 2.E. Enact and Execute Civil Nuisance Laws Goal – Changes in City Code that will Improve Quality of Life o Some preliminary research and meetings with Legal and other Departments. o Work to be ongoing throughout implementation. Recommendation 2.F. Increase the Number of CSOs to 6 FTE to Assist in Implementing Strategic Policing Goal – Hire 2 FTE CSOs and Reassign 2 FTE and 4 PTE CSOs to Patrol under Special Operations Sergeants o Hiring process of CSOs is scheduled for Spring of 2013. o Transfer of CSOs to Patrol is scheduled for July of 2013. Recommendation 2.G. Empanel Call for Service Committee to Examine Response to Calls for Service Develop Recommendations for Differentiated Police Response o Department committee has net and made recommendations on property damage accidents and residential alarms. o Discussed with EC Director. o Surveyed auto insurance providers. o Community input through Mayor’s group. Recommendation 2.H. Staff Criminal Investigations with one Police Records Clerk Assess Need for Position o Initial assessment is that need for position should be moved out on implementation timeline until impact of all changes on clerical resources can be evaluated. Recommendation 2.I. Staff Criminal Investigations with a Crime Analyst Goal – Develop Job Description, Hire and Train Analyst to Support Strategic Police o Job description completed. o Currently in application and hiring process. Analyst to start employment within 60 days. Grand Island Council Session - 2/12/2013 Page 40 / 214 Page 4, City Council Study Session, January 29, 2013 Recommendation 2.J. Replace Evidence/Crime Scene Investigator with Civilian Goal – Civilianize the Evidence Position and Reassign Officer to Operations o Department assessed current position and skills and moved transition out on the implementation timeline. Recommendation 2.K. Review Crime Scene Investigation Protocols Goal – Review Protocols and Implement Recommendations for Improvement o Criminal Investigations Division Captain is starting the review process. Recommendation 2.L. Merge Investigations and Administration into a Support Division under One Captain Goal – Consolidate Divisions into One Division o Department leadership reviewed current Captain vacancy. o Recommendation to Administration that this position is needed during the implementation of Strategic Policing. o Recommendation will be reviewed after implementation. Recommendation 2.M. Consolidate SROs into Patrol Under the Special Operations Sergeants Transfer SROs to Patrol to Support Strategic Policing o Transfer is scheduled for August 2014. Recommendation 2.N. Empanel Committee to Discuss Emergency Dispatch and Emergency Management Issues Goal – Review Emergency Management Operations to Ensure Efficiency and Effectiveness o Action to be considered by the Emergency Management Director o Police Department has been coordinating with Emergency Management Director in all changes. Recommendation 2.O. Implement Field Reporting Software Improve Officer/SCO Efficiency with Field Reporting o Software purchased in December 2012. o Tablet and related equipment selected to replace Patrol fleet hardware. o Patrol fleet changeover scheduled for 1st half of 2013. o Implement field reporting scheduled for October 2013. Recommendation 2.P. Institute a Formal Leadership Development Program Goal – Prepare for Succession Planning and Provide Employees Development Opportunities o Action scheduled for spring of 2013. Recommendation 2.Q. Designate an Investigator to Conduct Internal Investigations Goal – Ensure Consistency of Internal Investigations o Reviewed by Department leadership. Not recommended at this time. o Reviewed by City leadership committee. Not recommended at this time. Recommendation 2.R. Add Sworn Personnel to Training, Crime Prevention and Community Policing Goal – Increase Training, crime Prevention, and Strategic Policing Resources o Action scheduled for April 2013 during budget process. Grand Island Council Session - 2/12/2013 Page 41 / 214 Page 5, City Council Study Session, January 29, 2013 Discussion was held regarding reporting statistics on a rolling basis monthly, semi-annually, and annually. Chief Lamken stated they would launch the Strategic Policing on August 1, 2013. Chief Lamken answered questions concerning code enforcement. Metropolitan Planning Organization Agreement: Regional Planning Director Chad Nabity reported that in March of 2012 the City of Grand Island and the surrounding area were identified as a census defined Urbanized Area and were required by the Federal Surface Transportation Act to form a Metropolitan Planning Organization (MPO) within one year of being declared urbanized. An agreement with the State of Nebraska for the formation of the MPO was presented. The discussion for this meeting was to focus on: 1) the name of the organization; 2) the boundary of the MPO planning area; 3) the membership of the Policy Board; 4) the membership of the Technical Advisory Committee; 5) other question about the agreement; 6) timeline for approval; and 7) next steps. Name: Options presented were: 1) Grand Island Area Metropolitan Planning Organization (GIAMPO); 2) Grand Island Metropolitan Planning Organization (GIMPO); and 3) Metropolitan Planning Organization of Grand Island (MPOGI). Comments were made concerning including the word “Area” in the title. Map: A proposed map was presented. This map included the census defined Urbanized Area which included parts from Merrick County to Alda and the 20 year growth boundary which included the Cornhusker Army Ammunition Plan (CAAP) and the section of Nebraska Highway 2 immediately north of CAAP. The map can be changed by the policy board with the agreement of the Governor at any time in the future and would be reviewed at a minimum every 5 years when the MPO updated the Long Range Transportation Plan. Mr. Nabity answered questions concerning how the boundary map came about. Mentioned was that by including the CAAP land, the County should be more actively involved. Interim Public Works Director Terry Brown answered questions regarding the Highway 30 project and Federal funds. Comments were made regarding extending the map on Shady Bend Road down to Highway 34. Mr. Nabity explained why Alda was included in the boundary. MPO Policy Board: The Policy Board was the decision making authority for the MPO and would approve the planning studies, the work program, the transportation plan and the projects that were submitted to the State of Nebraska for funding with federal highway dollars. The following recommendations were made for the membership on the MPO Policy Board: Mayor of Grand Island. (voting) Four members of the Grand Island City Council recommended by the Mayor and approved by the City council with other annual boards and commissions appointment. (voting) Two members of the Hall County Board of Supervisors who reside within the metropolitan transportation planning area, selected by the County Board of Supervisors. (voting) Grand Island Council Session - 2/12/2013 Page 42 / 214 Page 6, City Council Study Session, January 29, 2013 Chair of the Hall County Regional Planning Commission or their designee from the Hall County Regional Planning Commission. Representative must live within the metropolitan transportation planning area. (voting) NDOR Director-State Engineer or designee. (voting) FHWA Nebraska Division Administrator or designee. (non-voting) FTA Region VII Administrator or designee. (non-voting) Other members as approved by a majority vote of the Policy Board (non-voting) Discussion was held concerning the number of Council members on this board. Mr. Nabity stated he felt the majority of the board should come from the City. Mentioned was having a designee for the Mayor such as the Council President. Representation from the NDOR on these boards was commented on. Mayor Vavricek commented on the importance of a nine member voting board, open meetings, residency, and representatives on this board. Mr. Nabity stated the Mayor would preside over this board and the City would provide staffing. Mr. Nabity explained the duties of the Policy Board and how they differed from the duties of the City Council. Funding sources were mentioned as they related to projects. Technical Advisory Committee (TAC): The TAC was the work horse of the MPO making recommendations to the Policy Board. The following recommendations were made for the membership on the TAC Board: Grand Island Public Works Director. (voting) Grand Island Finance Director. (voting) Grand Island Manager of Engineering Services. (voting) Hall County Regional Planning Director. (voting) Hall County Public Works Director. (voting) Two representatives from NDOR: (voting) a.One designated by the Planning and Development Engineer and b.The District Four Engineer Merrick County Public Works Director or Highway Superintendent. (voting) One representative from the Village of Alda. (voting) Other individuals designated by the Policy Board (voting) One representative from the FHWA as designated by the Nebraska Division of Transportation Planner. (non-voting) NDOR Local Projects Division Urban Engineer. (non-voting) One representative from the Union Pacific Railroad and one representative from the Burlington Northern Santa Fe Railroad may be appointed to the committee by their respective companies; other rail system operators may be added by the Policy Board as needed. (non-voting) One representative from the Grand Island Area Chamber of Commerce. (non-voting) One representative from the Grand Island Area Economic Development Corporation. (non-voting) Board of the Central Nebraska Regional Airport may appoint one representative. (non- voting) Other individuals selected by the voting membership of the TAC and approved by the Policy Board (non-voting) Grand Island Council Session - 2/12/2013 Page 43 / 214 Page 7, City Council Study Session, January 29, 2013 Comments were made concerning the Finance Director being included in this list and not the Policy Board. Mr. Nabity stated the MPO involved a substantial amount of money so the Finance Director was included in the Technical Advisory Committee. Comments were made by Council concerning a conflict of interest. Mentioned was to have some other representative on this committee such as the City Administrator or Assistant to the City Administrator. Finance Director Jaye Monter stated she felt the Finance Director needed to be involved on this board but may not need to be a voting member. Agreement: Comments were made concerning the structure of the MPO staffing. Timeline for Approval: Study Session February 5, 2013 if needed Agreement Approved by Council on either February 12 or February 26, 20113 Study Session on February 19, 2013 if needed Submitted to Governor by February 28, 2013 Agreement Signed by Governor by March27, 2013 Next Steps: MPO Policy Board Meets UPWP funding request and activities are submitted to NDOR (April) MPO Policy Board adopts By-Laws within 6 Months Memorandum of Understanding with NDOR identifying roles and responsibilities is approved within 6 months City of GI, FTA, NDOR, and Hall County hold discussions regarding Transt funding in Hall County and the Urbanized Area Update on Wastewater Treatment Plant (WWTP). Interim Public Works Director Terry Brown reported that on February 14, 2012 the City Council approved Resolution #2012-41 (B) which adopted an internal cost efficiency improvement plan for the Wastewater Treatment Plant and created two (2) new positions consisting of a Wastewater Treatment Plan Engineer and a Wastewater Operations Engineer. A PowerPoint was presented to show the progress of the internal cost efficiency improvement plan for the Wastewater Treatment Plant. The goal was to provide rate payers with the most efficient cost effective wastewater treatment possible. Mr. Brown introduced Wastewater Plant Engineer Marvin Strong PE; Wastewater Operations Engineer Jue Zhao, PhD PE; and Lab Technician Joseph Shanle. Mr. Strong presented the following successes at the Wastewater Treatment Plant: Technical Training: Wastewater Treatment Plant operations training will be provided to all Wastewater personnel in early April 2013. The will receive credit from the NDEQ for the training. All licenses Wastewater Treatment Plant operators must obtain continuing education credits to maintain their licenses. Grand Island Council Session - 2/12/2013 Page 44 / 214 Page 8, City Council Study Session, January 29, 2013 Asset Management Training: Fred Tustin and Scott Cameron attended NASSCO training last year to help develop and Asset Management process for the Sanitary Sewer Collection System. GIS will be an integral part of that Asset Management process. Wastewater Plant Process Study: Jue Zhao, PhD is using Bio-Win to model the Wastewater Treatment Plant’s performance. This is the same software Veolia planned to use. Jue Zhao, PhD made one process change (reduce aeration basin recycle rate from 35MGD to 11 MGD).That reduced electrical useage by approx. 15% and is looking to make several more that will reduce electrical power even more. Automation/Monitoring: SCADA Flow Monitoring Collection System Corrosion Monitoring Rainfall – Inflow/Infiltration Relationship Process Monitoring Training Wastewater Plant Efficiency: Electrical usage at the Wastewater Treatment Plant has been reduced by 40% to 50% over the last three years JBS reduced its’ loadings to the Wastewater Treatment Plant Treatment Plant Aeration Project Drought Aeration Basin Recycle Wastewater Plant Process Study: Sludge disposal costs have been substantially reduced by JBS’ reduction in loadings to the Wastewater Treatment Plant Environmental Compliance: Joe Shanle conducted laboratory audit and modified the laboratory methodology bringing it into compliance. Implementation of Standard Operating Procedures Established confidence in data generated by using: lab standards, lab-fortified matrix blanks, method blanks, and replicate analysis Detection and Correction of testing interferences City Staff visited the wastewater laboratory in Lincoln Joe Shanle visited a commercial wastewater laboratory in Omaha We are on a par with any wastewater laboratory in the State of Nebraska Regulatory Enforcement Issues USEPA Administrative Order for failure to submit 503 Sludge Reports – Resolved; 2012 reports have been submitted USEPA RCRA Notice of Violation for failure to assess Hazardous Materials – Resolved NDEQ Notice of Violation for failure to submit SWPPP NOI – Resolved NPDES Permit Expires September 30, 2013. No changes are expected during this renewal cycle. However, Phosphorus and or Nitrate limits may be added during the next cycle. Initiated meetings with JBS to discuss wastewater issues of mutual interest to JBS and the City of Grand Island Grand Island Council Session - 2/12/2013 Page 45 / 214 Page 9, City Council Study Session, January 29, 2013 JBS reduced its’ wastewater treatment charges by $1,000,000 per year by installing pre- treatment facilities JBS is working on reducing its’ wastewater charges further by increasing their ability to remove Nitrates JBS NDEQ wastewater pretreatment permit Mr. Shanle answered questions concerning laboratory standards and testing. Staff Utilization: Proposed Positions Regulatory Compliance Position Lab Tech/Clerical/Data Management Position Project Manager/Construction Manager Open Positions Maintenance Supervisor Maintenance Mechanic Equipment Operator Mr. Strong updated the Council on the North Interceptor repair and overall program schedule. Rate Study: The current rate structure is based on capital expenditures of $44 million based on the May 2010 comprehensive plan. Additional funding will be needed to complete the wastewater work recommended to the Council. A rate increase(s) will be needed to cover the cost of the additional capital expenditures. A request will be made to Council next month to authorize Black and Veatch to update our rate study to fund the recommended rehabilitation projects. Compliments were made by Council to Mr. Strong and his staff for the improvements made at the WWTP and working with JBS. Mr. Brown thanked his staff for the work they had done. ADJOURNMENT: The meeting was adjourned at 10:02 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/12/2013 Page 46 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G3 Approving Minutes of February 5, 2013 City Council Special Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 2/12/2013 Page 47 / 214 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING February 5, 2013 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on February 5, 2013. Notice of the meeting was published in the Grand Island Independent on February 5, 2013 and posted on the front doors of City Hall, the Grand Island Public Library, the front doors of the Hall County Courthouse and The Independent on February 4, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Vaughn Minton, Mike Paulick, Scott Dugan, Peg Gilbert, Mitch Nickerson, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. Councilmember Julie Hehnke and John Gericke were absent. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Robert Sivick, and Finance Director Jaye Monter. The PLEDGE OF ALLEGIANCE was said. Mayor Vavricek introduced Community Youth Council member Danny Gamboa. Tracy Overstreet reporter with The Grand Island Independent objected to the meeting due to lack of reasonable advanced notice for this meeting. Mentioned was that Publisher Don Smith and Managing Editor Jim Faddus had filed a complaint with the Nebraska Attorney General. RESOLUTIONS: #2013-26 (A) and #2013-26 (B) – Approving Type of Annuity Quotes for Calculation of Lump Sum Payment to Pre-84 Retirees. Finance Director Jaye Monter reported that two Resolutions were presented to Council to approve the type of annuity quotes for calculating the lump-sum payments to the remaining 7 Pre-84 Police retirees. The Police Pension Committee met on January 24, 2013 with Pete Kortum and his attorney Jerry Janulewicz and representatives of the City to discuss the specifics of the lump sum option calculation. On January 28, 2013 an updated annuity quote sheet referencing specifications found in Neb. Revised State Statutes was discussed and all parties agreed to obtain quotes on the open market and meet again on February 1, 2013 to review and calculate the lump sum payment. On January 28, 2013, the City had received six quotes from Mr. Cal Strong of Strong Financial Resources. All six quotes did not meet two of the five required specifications: 1) gender neutral and 2) payment start date of 2/15/13. Mr. Strong explained to City staff that annuity companies issued annuities to individuals based on their gender, male or female and companies preferred a 30 day window to process and complete all paperwork. City staff contacted Mr. Janulewicz and the Pension Committee representative to explain why the City would not have a quote to submit at the meeting on February 1, 2013. Mr. Janulewicz and the Pension Committee representative communicated to City staff they both had received Grand Island Council Session - 2/12/2013 Page 48 / 214 Page 2, City Council Special Meeting, February 5, 2013 quotes from annuity companies quoting “Gender Neutral”. City staff then began an additional search of Neb. Revised State Statutes and the purchase of annuities on the open market. The following Nebraska Revised Statutes were reviewed: §16-1002(1) “if benefits under the retirement system are obtained through the purchase of an annuity contract, the actuarial equivalent of any such form of benefit shall be the amount of pension benefit which can be purchased or otherwise provided by the police officer’s retirement value.” §16-1002(10) “[a]nnuity contract means the contract or contracts issued by one or more life insurance companies and purchased by the retirement system in order to provide any of the benefits described in the act. Annuity conversion rates contained in any such contract shall be specified on a sex-neutral basis…”  §16-1007(2)(c) “[i]f the police officer chooses the single lump-sum payment option, the officer can request that the actuarial equivalent be equal to the average of the cost of three annuity contracts purchased on the open market.” Reviewed were the summary of quotes received for retiree Pete Kortum provided by Strong Financial Resources. Mr. Strong found one company (Protective) that would give the City a quote using gender neutral mortality tables. The quote was $818,163.32. Mr. Strong also asked Protective to provide two additional annuity quotes: 1) using gender specific tables for a male and 2) using gender specific tables for a female. The quote for a gender specific female was the same quote provided under Protective’s gender neutral quotes, $818,163.32. The question was whether the sex-neutral language applied to annuity contracts purchased on the open market as referenced in 16-1007(2)(c). Out of seven companies, only one company, Protective, was willing to quote a gender neutral annuity. On February 1, 2013, the Police Pension Committee met to discuss the retirement payment of Mr. Kortum. The Pension Committee voted 4-1 to submit to Council the average of the two quotes dated January 28, 2013, submitted by the Pension Committee and Mr. Janulewicz and the one quote not submitted by the City but obtained in the City staff’s research dated January 30, 2013. The average of the three annuity contracts would result in the City of grand Island making an additional payment to Mr. Kortum of $261,511.18. The following people spoke: Jerry Janulewicz, 2315 West Division Street, Attorney representing Pete Kortum Joyce Haase, 3024 Colonial Lane Pete Kortum, 1204 Country Club Drive, Hastings, NE City Attorney Robert Sivick commented on provisions within state statutes being confusing. Mr. Sivick explained the differences in annuity based on gender. Mentioned was that an annuity on the open market could not be purchased on a gender neutral basis and the city felt it did not meet the state statutes. Mentioned was that Mr. Kortum could choose to receive an income stream for the rest of his life equal to 50% of the five consecutive years preceding retirement which produces the highest average salary or he could choose a lump sum payment equal to the average cost of three annuity contracts purchased on the open market. Grand Island Council Session - 2/12/2013 Page 49 / 214 Page 3, City Council Special Meeting, February 5, 2013 Ms. Monter stated the goal was to get Mr. Kortum paid. Motion by Haase, second by Gilbert to approve Resolution #2013-26 (B). Councilmember Haase handed out and commented on a two page illustration of Police Pension options. Motion by Haase, second by Gilbert to amend the motion by adding the following: a.)Straight Life Annuity b.)Age Specific for Pensioner Only c.)Gender Specific for Pensioner d.)Both the City and the Police Pension Committee to receive at least 2 fully qualified quotes for the purpose of accepting the low quote pursuant to City of Grand Island procurement rules Discussion was held regarding the amendment as being a fair process going forward. Mentioned was the number of quotes from three different companies and monthly versus annual annuity. Terry Millard representing Smith-Hayes Advisors answered questions regarding the differences in annuities, options, and gender neutral quotes. Ms. Monter stated other first class cities figured their annuities on gender specific basis. Upon roll call vote of the amendment, Councilmembers Minton, Dugan, Gilbert, Nickerson, Haase, Donaldson, and Niemann voted aye. Councilmember Paulick voted no. Motion adopted. Several Councilmembers thanked Mr. Kortum for his patience in this process and following the guidelines the City set out for him. Ms. Monter answered questions concerning the quotes the City received from Protective. Upon roll call vote of the main motion Councilmembers Dugan, Gilbert, Nickerson, Haase, Donaldson, and Niemann voted aye. Councilmembers Minton and Paulick voted no. Motion adopted. PAYMENT OF CLAIM: Motion by Dugan, second by Nickerson to deny payment of claim to Wells Fargo Retirement Account for Pete Kortum in the amount of $261,511.18. Upon roll call vote, Councilmember’s Minton, Dugan, Gilbert, Nickerson, Haase, Donaldson, and Niemann voted aye. Councilmember Paulick voted no. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:36 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/12/2013 Page 50 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G4 #2013-27 - Approving Acquisition of Utility Easement - 3800 Block of East Hwy. 34 - Bosselman This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 2/12/2013 Page 51 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-27 WHEREAS, a public utility easement is required by the City of Grand Island, from Charles D. Bosselman Jr. and Laura L. Bosselman, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on February 12, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at East Quarter (E1/4) corner of Section Thirty Six (36), Township Eleven (11) North, Range Nine (9) west; thence southerly along the easterly line of said Section Thirty Six (36) on an assumed bearing of S00o00’00”E, a distance of three hundred ninety seven and ninety five hundredths (397.95) feet; thence S62o42’20”W, a distance of seventy and seventy seven hundredths (70.77) feet to a point on the southeasterly line of a tract of land described in Instrument 200901159 recorded in the Register of Deeds Office, Hall County, Nebraska; thence S41o46’29”W along the said southeasterly line, a distance of three hundred fifty two and seventy one hundredths (352.71) feet; thence S39o30’23”W along the said southeasterly line, a distance of four hundred fifty nine and ninety seven hundredths (459.97) feet to a point on the easterly right-of way line of U.S. Highway 2 & 34; thence S39º46’26”W, a distance of one hundred eighty seven and forty three hundredths (187.43) feet to a point on the westerly right-of-way line of said U.S. Highway 2 & 34; thence S38º14’43”W, a distance of one hundred thirty five and twenty six hundredths (135.26) feet to a point being the ACTUAL Point of Beginning; thence N85º30’43”W, a distance of forty three and sixty two hundredths (43.62) feet; thence S69º42’13”W, a distance of thirty seven and twenty one hundredths (37.21) feet; thence S37º45’53”W, a distance of two hundred ninety eight and thirty nine hundredths (298.39) feet; thence S49º10’03”W, a distance of two hundred sixty four and four hundredths (264.04) feet; thence S23º36’39”W, a distance of sixty six and one tenth (66.1) feet; thence S1º32’07”E, a distance of two hundred eighty two (282.0) feet to the point of termination. The above-described easement and right-of-way containing 0.46 acres, more or less, as shown on the plat dated 1/22/2013, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Charles D. Bosselman Jr. and Laura L. Bosselman, on the above-described tract of land. - - - Grand Island Council Session - 2/12/2013 Page 52 / 214 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 53 / 214 Grand Island Council Session - 2/12/2013 Page 54 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G5 #2013-28 - Approving Change Order #2 - Kiewet Power Engineers - Air Quality Control System Engineering Services at Platte Generating Station Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 2/12/2013 Page 55 / 214 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Robert Sivick, City Attorney Meeting:February 12, 2013 Subject:Air Quality Control System Engineering Services at Platte Generating Station – Kiewit Power Engineers Change Order #2 Item #’s:G-5 Presenter(s):Timothy G. Luchsinger, Utilities Director Background On December 21, 2011, EPA released the Mercury and Air Toxics Standards (MATS), requiring the maximum achievable control technology for mercury and other hazardous pollutants from electric generating units, with a compliance date of March 2015, although an additional one year for compliance may be granted by individual states. To achieve long-term compliance for MATS, it was anticipated that GIUD would need to install a fabric filter, carbon injection system, and, depending on the amount of reduction needed, either a dry sorbent injection or a dry scrubber at Platte Generating Station, along with associated by-product removal systems and disposal sites, in the next three to four years. It is estimated that these modifications will cost the utility approximately $35 Million and take 3 and 5 years for financing, design, and construction. Although this equipment will result in additional operating costs that may affect rates, the City has proceeded with refinancing of current electric bonds to avoid rate impacts due to debt service and capital expenditures. Current plans are to complete this installation during the last quarter of 2014 to coincide with a scheduled plant maintenance outage. This will provide a margin for the implementation of the system and minimize plant downtime. For large capital improvement projects of this type, the Department had traditionally used the Design-Build approach, where proposals are solicited for a consulting engineer, who then proceeds with detailed design and developing multiple specifications for bides to acquire equipment and contractors to complete the project. This type of approach can achieve more control of the details of the project, but can also take more time to complete and final project costs are not known until the final contract is awarded A project approach being used more by utilities for capital projects if the Engineer-Procure- Grand Island Council Session - 2/12/2013 Page 56 / 214 Construct (EPC) method. Specifications are developed emphasizing final system performance and operating parameters instead of technical features, and consortiums of engineers, supplies, and construction contractors then team together to provide bids for a total system package. The project is awarded to the lowest compliant bid, normally with provisions of penalties for not meeting guarantees or incentives for exceeding requirements. The EPC approach is recommended by the Department for the air emission control equipment project as we do not have a preference for the various air emission control technologies, and this method will allow for the market to determine the most cost effective and timely implementation. Project costs will also be known early and enable financing methods to be determined to minimize rate impacts to customers. Utilities and other entities performing EPC projects normally retain the services of an Owner’s Engineer to develop the EPC specifications and provide third party project administrative functions. Utilities staff drafted project requirements for an Owner’s Engineer and solicited proposals in accordance with City procurement procedures. The services for the Owner’s Engineer included the following: A high level determination of emission reduction limits and system components. Preparation of specifications for bids. Evaluation of bids. Financial analysis and preparation of pro-formas for bond underwriters. Assistance in air emission permitting with EPA and NDEQ. Final system testing and determination of compliance with contract conditions. Respondents were required to provide not-to-exceed pricing for each task, with payments made on actual costs up to that amount. Proposals were also to be based on a system requiring dry sorbent technology, with an optional price of a dry scrubber if determined to be needed, as a dry scrubber will require more extensive specification and contract compliance evaluation. One March 26, 2012, Council awarded the Owner’s Engineer contract to Kiewit Power Engineers for a base not-to-exceed cost of $349,040.00 for a dry sorbent system and an additional not-to-exceed cost of $82,992.00 ($432,032.00), if a dry scrubber is required. Kiewit Power Engineers completed the task of the technology screening and determination of the system required to meet the required emission reduction levels. Results of this study were reviewed by Department technical and management staff and they concur with the recommendations reached by KPE. As a result of these recommendations, KPE proceeded with the dry scrubber system design and Contract Change Order 1 for an additional not-to-exceed cost of $82,992.00 was approved by Council on June 26, 2012. Kiewit issued specifications for bid for the PGS MATS Compliance Retrofit Project and completed the bid evaluation which resulted in an award of the EPC contract to AMEX on January 8, 2013. Discussion To ensure all technical specifications were met and assist in the contract negotiations, Kiewit was directed to attend an additional meeting in Grand Island with AMEC and Grand Island Council Session - 2/12/2013 Page 57 / 214 Department staff. As a result of this additional time and expenses, a contract change order for an additional $14,502.00 is required, for a total contract cost of $446,534.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order 2 to the contract for Air Quality Control System Engineering Services at Platte Generating Station with Kiewit Power Engineers of Lenexa, Kansas for an additional cost of $14,502.00 for assisting with negotiations of the PGS MATS Compliance Retrofit Project contract with AMEC. Sample Motion Move to approve Change Order 2 to the contract for Air Quality Control System Engineering Services at Platte Generating Station with Kiewit Power Engineers of Lenexa, Kansas for an additional cost of $14,502.00 for assisting with negotiations of the PGS MATS Compliance Retrofit Project contract with AMEC. Grand Island Council Session - 2/12/2013 Page 58 / 214 TO:Kiewit Power Engineers Attn: Dan Witt, Project Manager 9401 Renner Blvd. Lenexa, KS 66219 PROJECT:Air Quality Control System Engineering Services at Platte Generating Station You are hereby directed to make the following change in your contract: 1 Additional payment per the Original Contract. ADD: The original Contract Sum $432,032.00 Previous Change Order Amounts $0.00 The Contract Sum is increased by this Change Order $14,502.00 The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date $446,534.00 Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:_________________________________Date ________________________ Attest: ___________________________________________________________ Approved as to Form, City Attorney ACCEPTED:Kiewit Power Engineers By: _________________________________Date _________________________ $14,502.00 INTEROFFICE MEMORANDUM Grand Island Council Session - 2/12/2013 Page 59 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-28 WHEREAS, Kiewit Power Engineers of Lenexa, Kansas was awarded the contract for Air Quality Control System Engineering Services at Platte Generating Station, at the March 26, 2012 City Council meeting; and WHEREAS, on January 8, 2013, Council awarded the bid for Mercury Air Toxic Standards Compliance Retrofit Project to AMEC, of Tucker, Georgia; and WHEAREAS, to assist with negotiations of the contract for the Mercury Air Toxic Standards Compliance Retrofit Project with AMEC, and as a result of this additional time, a contract change order for an additional $14,502.00 was required for a total contract cost of $446,534.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #2 with Kiewit Power Engineers of Lenexa, Kansas, resulting in an additional cost of $14,502.00, for a final contract price of $446,534.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. ___________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 60 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G6 #2013-29 - Approving Change Order #1 - Steam Generator Boiler Repairs at Platte Generating Station - 2012 - Hayes Mechanical Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/12/2013 Page 61 / 214 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, City Attorney Meeting:February 12, 2013 Subject:Steam Generator Boiler Repairs 2012 – Change Order #1 Item #’s:G-6 Presenter(s):Timothy G. Luchsinger, Utilities Director Background A major inspection and overhaul of the turbine generator at the Platte Generating Station is performed every five years. The most recent major overhaul was performed in the fall of 2012 during a scheduled six week outage. This major outage also allows for more maintenance work to be performed on the boiler than can typically be accomplished during the normal shorter 1-2 week semi-annual scheduled outages. A fall 2012 Steam Generator Boiler Repair contract was bid with a specified scope of work that was based primarily on past major outage experiences to provide a basis for competitive bidding and award. The bidders were also required to provide Time and Material contract rates for scope adjustments that would be based on actual conditions found upon inspecting the boiler early in the outage. The Engineer’s estimate for the contract was $600,000, the bids ranged from $145,600 to $324,583. The contract was awarded to the low responsive bidder, Hayes Mechanical of Omaha, Nebraska, for $145,600.00, on June 26, 2012. Discussion The boiler contract was based primarily on past outage experiences to provide a basis for competitive bidding and time and material rates for scope adjustments. Actual conditions revealed during the inspection of the unit required major modifications and additions to the scope of work, as follows: -Replacement of the Deaerator gaskets required an engineered solution and installation of new structural steel for lifting the tank; Grand Island Council Session - 2/12/2013 Page 62 / 214 -Inspection of the Deaerator tank welds revealed severe cracking that required extensive repairs, testing and inspections; -Damage to existing tube shields required a modified installation and repair method throughout the reheat tubing section as well as significant tube shield replacements elsewhere in the boiler; -More extensive repairs were required for boiler casing cracks; -Additional repairs required on economizer tubes and shields; -Additional repairs required on the steam drum internals, chemical feed lines and valves; -Added the reinstallation of the refurbished steam coil, removal and replacement of four boiler tube samples, replacement of refractory in the back passages of the boiler, repair of cracked ductwork, additional tube thickness testing in the boiler and pad welding of eroded tubes; -Delays in material deliveries resulted in a slowdown of work during the first three weeks of the outage, subsequently requiring a more aggressive work effort in the final three weeks of the outage with larger work crews and more overtime. These additions and modifications to the work scope resulted in an additional $134,318.00, for a final contract cost of $279,918.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends authorizing Change Order #1 to the Steam Generator Boiler Repairs – 2012, at Platte Generating Station for an addition to the contract price of $134,318.00, to Hayes Mechanical, of Omaha, Nebraska. Sample Motion Move to approve Change Order #1 with Hayes Mechanical in the amount of $134,318.00, for Steam Generator Boiler Repairs – 2012, at Platte Generating Station. Grand Island Council Session - 2/12/2013 Page 63 / 214 City of Grand Island Utilities Department General Work Contract - Change Order EWO 6093 Boiler Repairs 2012 Comments:Additional work due to expansion of work scope in the boiler repair project. Contractor: Hayes Mechanical $145,600.00 Change Order Request Description Amount 001 Inv. 308515 - Additional premium for contract increase-bond cost $ 1,750.10 002 Inv. 308415 - Third party equipment rentals $ 3,988.38 003 Inv. 308414 - DA tank gasket replacement $ 25,913.79 004 Inv. 308411 - Replace reheat spacer bars (10/31-11/6/12)$ 1,187.24 005 Inv. 308412 - Air Heater Seals (10/24 - 11/13/12)$ 38,383.82 006 Inv. 308409 - Repair Membrane Gap (10/31-11/6/12)$ 311.24 007 Inv. 308408 - Replace Corten Plate (10/24 - 11/13/12)$ 6,955.85 008 Inv. 308406 - Tube Shields (10/24 - 11/13/12)$ 5,894.22 009 Inv. 308405 - Refractory/Inspection (10/24 - 11/13/12)$ 33,197.73 010 Inv. 308403 - Mobilization/Demobilization (10/24 - 11/13/12)$ 17,393.42 011 Inv. 308400 - Supervision (10/24 - 11/6/12 $ 21,867.98 012 Inv. 308423 - Truck Rental-company owned (11/1 - 11/18/12)$ 405.00 013 Inv. 308421 - Shawn Dugan (11/5 - 11/8/12)$ 400.00 014 Inv. 308420 - Backpass Tube Repair (10/31 - 11/6/12)$ 1,215.52 015 Inv. 308419 - Repair Penthouse Cracks (10/24 - 11/6/12)$ 3,449.93 017 Inv. 308418 - Pad Welding in Backpass (10/24 - 10/30/12)$ 3,879.98 018 Inv. 308417 - Tube Samples (10/24 - 11/13/12)$ 2,100.32 019 Inv. 308416 - Steam Coil Replacement (10/24 - 10/30/12 $ 2,313.78 020 Credit for items modified in original scope of work $ (36,290.30) 021 023 024 028 029 030 Total $ 134,318.00 These additions and modifications to the original work scope resulted in an additional $134,317.09to the Contract.(rounded) Grand Island Council Session - 2/12/2013 Page 64 / 214 INTEROFFICE MEMORANDUM TO:Hayes Mechanical 10608 South 147th Street Omaha, NE 68138 PROJECT:Boiler Repairs 2012 You are hereby directed to make the following change in your contract: 1 Additional payment per the attached spreadsheet. ADD:$134,318.00 The original Contract Sum $145,600.00 Previous Change Order Amounts $0.00 The Contract Sum is increased by this Change Order $134,318.00 The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date $279,918.00 Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:_________________________________Date ________________________ Attest: ___________________________________________________________ Approved as to Form, City Attorney ACCEPTED:Hayes Mechanical By: _________________________________Date _________________________ Grand Island Council Session - 2/12/2013 Page 65 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-29 WHEREAS, on June 26, 2012, City Council approved the Contract with Hayes Mechanical of Omaha, Nebraska, for Steam Generator Boiler Repair at Platte Generating Station; and WHEREAS, the boiler contract was based primarily on past outage experiences to provide a basis for competitive bidding and time and material rates for scope adjustments; and WHEREAS, actual conditions revealed during the inspection of the unit that major modifications were required to the scope of work; and WHEREAS, the additions and modifications required to repair the boiler resulted in an additional $134,318.00; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for Steam Generator Boiler Repairs – 2012, for an additional amount of $134,318.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. ______________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 66 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G7 #2013-30 - Approving Agreement with Platte Valley Weed Management Area for Noxious Weed Control in the Platte River Wellfield Staff Contact: Tim Luchsinger,Stacy Nonhof Grand Island Council Session - 2/12/2013 Page 67 / 214 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:February 12, 2013 Subject:Control of Noxious Weeds in the Platte River Wellfield Item #’s:G-7 Presenter(s):Timothy Luchsinger, Utilities Director Background Phragmites australis or Common reed is a perennial grass found along rivers, streams, flood plains, and lakeshores in Nebraska. Up to 20 feet tall, dense stands of non-native Phragmites species will produce a thick monoculture and quickly displace native vegetation. With an extensive system of rhizomes extending up to 32 feet in length and capable of producing many new shoots, Phragmites can quickly consume a waterway. On April 15th, 2008, the Nebraska Department of Agriculture (NDA) Director designated non-native Phragmites as a noxious weed. This designation was put in place to help county weed control officials and landowners address areas of high infestation and prevent further spread of this invasive species. The City of Grand Island Wellfield property lies within the braided channels of the Platte River. The two northern most channels of the river establishes the property boundaries and are a significant source of recharge to the underlying aquifer, which provides drinking water to the City. Phragmites species have been abundant in these channels and threaten to reduce or redirect necessary water flow. Discussion The Platte Valley Weed Management Area (PVWMA) is a group of public and private agencies and land owners working together to coordinate efforts and expertise to combat the spread of invasive and noxious weed species in the central Platte River drainage area. That group strives to control the invasive Phragmites species and was awarded a grant from the Nebraska Department of Agriculture to assist in that effort. Treatment and monitoring have been ongoing since the initial agreement for manual removal of Phragmites was granted in August of 2008. Mowing was completed fall of 2008 in the Platte River including the area surrounding the wellfield followed by agreed herbicide Grand Island Council Session - 2/12/2013 Page 68 / 214 applications. Additional herbicide application is recommended to successfully control re- growth in the area. PVWMA is requesting a renewal Letter of Agreement for the years 2013 to 2015 to treat Phragmites and other invasive species at no cost to the landowners. 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 to Allow Project for Invasive Plant Control and River Restoration with PVWMA in the Platte River adjacent to the City Wellfield. Sample Motion Move to approve the Agreement to Allow Project for Invasive Plant Control and River Restoration with PVWMA in the Platte River adjacent to the City Wellfield. Grand Island Council Session - 2/12/2013 Page 69 / 214 AGREEMENT TO ALLOW PROJECT FOR INVASIVE PLANT CONTROL AND RIVER RESTORATION REQUESTING SPONSOR: Platte Valley Weed Management Area (PVWMA) Organization or Group 310 A Street Street and/or Box Number Aurora NE 68818 City and Zip Brian Crabtree-Chairman Platte Valley Weed Management Area (402) 694-3666 . Contact Person Telephone Number The purpose of this Agreement is to authorize the PVWMA, its employees, agents and assigns to conduct invasive plant control within the river channel of the Platte River, on lands owned by the City of Grand Island and to assure that the City take no action that inhibits conducting this project. PROJECT DESCRIPTION The Platte Valley Weed Management Area (PVWMA) encompasses 11 counties and approximately 181 river miles of the Platte River. The PVWMA is an association consisting of county weed superintendents, non-government organizations, environmental organizations and local landowners. The PVWMA received a Nebraska Department of Agriculture grant and Central Platte NRD funds to control and remove invasive species within the Platte River and its side channels. This grant, the central Platte River project will address invasive and noxious weed problems within approximately 135 ‘river’ miles of the Platte River between Gothenburg and Central City Nebraska. Historic and present water development on the Platte River and its tributaries has altered the river’s hydrology, reducing flows and changing flow chronology. Phragmities and other invasive vegetative species have formed dense plant colonies that stabilize riverbanks and sandbars forming ‘choke’ points within the river channel that restricts water movement downstream. The primary goal of this project is to improve river channel flow conveyance through the eradication and clearing of invasive vegetation. Specifically within the City of Grand Island well field land the PVWMA used mechanical means to remove invasive vegetation that was invading and choking out the river channels. Mechanical means removed the standing plant biomass and will allow water conveyance. Grand Island Council Session - 2/12/2013 Page 70 / 214 Without further management the pre-existing phragmites will re-grow and reduce over-all long- term success of the project. PVWMA would like to perform a follow-up herbicide treatment on previous shredded phragmites as it re-sprouts from roots. Ground based application will be used from Argo’s, ATV’s, trucks, and or marsh-masters machines. Herbicide applicators will be limited to the following conditions: Ground-Based applicators will provide and use the following: a. Licenses and Permits: Provide a copy of Nebraska Dept. of Agriculture Pesticide Applicator License. b. Herbicide Mixture: 64 oz. Isopropylamine salt of Imazapyr 28.7%, plus 32 oz. methylated seed oil per acre. Brand name Habitat or Polaris herbicides c.Application Volume: Sufficient to totally cover target plant without excessive drip, 15 gallon per acre minimum. d.GPS Guidance System: Capable of guiding applicator to avoid retreatment of target plants and capable of producing GIS shape files of treated plants. e.Spray Nozzles: Capable of droplet-size large enough to accurately control spray application. Approval is hereby requested to enter within the City of Grand Island right-of-way to perform invasive plant control and river restoration. AGREEMENT PVWMA agrees that if granted a permit to do said work, the following stipulations shall govern: 1.This application shall have been approved prior to PVWMA beginning any operations as requested herein. 2.PVWMA agrees to indemnify and hold harmless the City of Grand Island, its officers and employees from all liability, judgment, costs, expenses, and claims growing out of damages, or alleged damages of any nature whatsoever to any person, property, or third party arising out of the performance or non-performance of said work. 3.This permit shall be subject to any laws now in effect, any laws which may be hereafter enacted, and all applicable rules and regulations of local, state, and federal agencies. 4.PVWMA agrees to give the City of Grand Island Utility Department 48 hours notice of intention to start operations. Notification shall be given to the City Utility Director, whose address is 100 East First Street, Grand Island, Nebraska, and whose telephone number is 385- 5444 extension 280. 5.PVWMA shall carry on the work as required and authorized by this agreement with serious regard to the safety of the public, adjacent property owners, and volunteers or employees of the PVWMA. 6.PVWMA acknowledges that all personnel involved in this project are directed by the PVWMA and that PVWMA accepts full responsibility for any injuries or damages sustained by or caused by such personnel. The PVWMA acknowledges that they or their employees, agents, and assigns are in no way considered to be employees of the City of Grand Island. 7.PVWMA agrees to conduct their activities in a manner so as to not unreasonably interfere with the City of Grand Island or its lessees’ use of the property. Grand Island Council Session - 2/12/2013 Page 71 / 214 8.Nothing herein shall obligate the PVWMA to expend any funds for the purpose of removing or controlling invasive plant species or re-vegetating City property. Any such expenditure shall be at the sole discretion of the PVWMA and shall be subject to sufficient appropriations and authorizations. Expenditure decisions by the PVWMA are final, binding and not subject to judicial review. 9.Any changes in work scope must be approved, in writing, by the City of Grand Island, Utilities Director prior to implementation. 10.The agency or company entering upon City property will comply with the City’s requirements for liability insurance, property damage insurance, and workers’ compensation coverage. Fueling of equipment will not take place on City property and auxiliary fuel tanks will not be brought upon city property so as to minimize the risk of a chemical spill on the City’s well field. The City of Grand Island reserves the right to terminate this agreement when, at the sole judgment of the City, it is found that PVWMA has not met the terms and conditions of this Agreement. This Agreement shall remain in force from __April 1, 2013___ to __December 31, 2015. PVWMA will be given the option to renew the permit at the end of the Agreement period. Platte Valley Weed Management Area : By:______________________________________ Date:_______________________ Brian Crabtree, Chairman CITY OF GRAND ISLAND, NEBRASKA By:_______________________________________ Date:_______________________ Jay Vavricek, Mayor Attest: ____________________________________ Date: _______________________ RaNae Edwards, City Clerk The contract is in due form according to law and hereby approved. ___________________________________________ Date: _______________________ Stacy Nonhof, Attorney for the City Grand Island Council Session - 2/12/2013 Page 72 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-30 WHEREAS, Phragmites Australis is an aggressive invasive plant species; and WHEREAS on April 15, 2008, the Nebraska Department of Agriculture Director designated Phragmites Australis as a noxious weed; and WHEREAS the Platte River channel adjacent to the Grand Island Municipal Wellfield is over grown by this and other noxious weeds; and WHEREAS the Platte Valley Weed Management Area (PVWMA) provides removal of invasive and noxious weed species in the central Platte River drainage area; and WHEREAS PVWMA wishes to access City owned property to remove Phragmites Australis and other noxious weeds on City property; and WHEREAS, the Agreement to Allow Project for Invasive Plant Control and River Restoration between the Platte Valley Weed Management Area and the City of Grand Island is at no cost to the City; and WHEREAS, it is in the best interests of the City to participate in this service; and WHEAREAS, the proposed agreement has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement to Allow Project for Invasive Plant Control and River Restoration is hereby approved, and 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, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 73 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G8 #2013-31 - Approving the Amended Capacity Agreement with the Municipal Energy Association of Nebraska Staff Contact: Tim Luchsinger, Robert Sivick Grand Island Council Session - 2/12/2013 Page 74 / 214 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:February 12, 2013 Subject:Amended Capacity Agreement with the Municipal Energy Association of Nebraska (MEAN) Item #’s:G-8 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 agreement was previously approved by Council on December 4, 2012, but subsequently MEAN proposed some language changes to the agreement that, while they did not substantially revise the agreement, were determined to be enough to warrant further consideration by Council prior to the Mayor’s execution. The major change was in regard to termination of the agreement in the event of uncontrollable forces, and the final agreement was reviewed by Tenaska Power Services, the City’s power marketer, Grand Island Council Session - 2/12/2013 Page 75 / 214 and the terms were considered to be in line with the current market conditions. A redline copy is furnished under separate cover, as it is a confidential agreement. The Utilities Department recommends that this amended capacity agreement with MEAN be approved by Council. 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 Amended Capacity Agreement with the Municipal Energy Association of Nebraska. Sample Motion Move to approve the Amended Capacity Agreement with the Municipal Energy Association of Nebraska. Grand Island Council Session - 2/12/2013 Page 76 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-31 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 amended 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 amended 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 amended agreement 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 Amended 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, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 77 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G9 #2013-32 - Approving Authorization for Emergency Sanitary Sewer Repairs on North Interceptor (West end of Seedling Mile Access Road) Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/12/2013 Page 78 / 214 Council Agenda Memo From:Fred Tustin, Collection System Supervisor Meeting:February 12, 2013 Subject:Approving Authorization for Emergency Sanitary Sewer Repairs on North Interceptor (West end of Seedling Mile Access Road) Item #’s:G-9 Presenter(s):Terry Brown, Interim Public Works Director Background Emergency sanitary sewer repairs were needed for a collapsing sanitary sewer line on the west end of the Seedling Mile Access Road (part of the North Interceptor). Discussion The Diamond Engineering Company of Grand Island, Nebraska was hired to effect the necessary repairs, by providing a quote of $65,000.00 for the work. Contact was made with two other contractors, Midland Contracting Inc. of Kearney, Nebraska quoted a price of $76,600.00, and O’Hara Plumbing Company of Grand Island, Nebraska was not available to do the job. The Diamond Engineering Company will be paid based on actual time and materials incorporated into the repair work, for a total of $49,475.69. Since the total is over $20,000.00 council approval is necessary. We are requesting permission to use the emergency procurement procedures as outlined in Section 27-13 of the City Code. A bypass pump was also necessary for the sanitary sewer to be diverted around the collapsed line. This pump was maintained by Sewer Infrastructure personnel and rented from NMC of Grand Island, Nebraska for an amount of $12,945.05. Thermal blankets were rented from Mudd Jockies, Inc. of Grand Island, Nebraska in the amount of $772.20, and were needed to keep the discharge hose from freezing. Grand Island Council Session - 2/12/2013 Page 79 / 214 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 usage of the City’s Emergency Procurement Procedures and pass a resolution authorizing The Diamond Engineering Company of Grand Island, Nebraska to be compensated in the amount of $49,475.69 for the necessary sanitary sewer main repairs, approve payment to NMC of Grand Island, Nebraska in the amount of $12,945.05 for the bypass pump, as well as approve payment to Mudd Jockies, Inc. of Grand Island, Nebraska in the amount of $772.20. Sample Motion Move to approve the usage of the City’s Emergency Procurement Procedures and authorize payment of $49,475.69 to The Diamond Engineering Company of Grand Island, Nebraska to perform the repairs, payment of $12,945.05 to NMC of Grand Island, Nebraska for the bypass pump, and payment to Mudd Jockies, Inc. of Grand Island, Nebraska in the amount of $772.20. Grand Island Council Session - 2/12/2013 Page 80 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney RESOLUTION 2013-32 WHEREAS, the Wastewater Division of the Public Works Department needed to perform an emergency sanitary sewer repair on the west end of the Seedling Mile Access Road (part of the North Interceptor); and WHEREAS, permission is requested to use the emergency procurement procedures as outlined in Section 27-13 of the City Code; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska has been hired to do said repairs, with a quote of $65,000.00, and actual amount of $49,475.69; and WHERAS, two other contractors were contacted for quotes, Midlands Contracting, Inc. of Kearney, Nebraska quoted a price of $76,600.00, and O’Hara Plumbing of Grand Island, Nebraska wasn’t available to perform the work in a timely manner; and WHEREAS, a bypass pump was also necessary for the sanitary sewer to be diverted around the collapsed line; and WHEREAS, such pump was rented from NMC of Grand Island, Nebraska in the amount of $12,945.05; and WHEREAS, thermal blankets were needed to keep the discharge hose from freezing; and WHEREAS, such thermal blankets were rented from Mudd Jockies, Inc. of Grand Island, Nebraska in the amount of $772.20. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sanitary sewer repair on the west end of the Seedling Mile Access Road by The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $49,475.69 is hereby approved. BE IT FURTHER RESOLVED, the payment of $12,945.05 to NMC of Grand Island, Nebraska is hereby approved. BE IT FURTHER RESOLVED, the payment of $772.20 to Mudd Jockies, Inc. of Grand Island, Nebraska is hereby approved. - - - Grand Island Council Session - 2/12/2013 Page 81 / 214 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 82 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G10 #2013-33 - Approving Supplemental Agreement No. 2 with NDOR and Olsson Associates for Engineering Consulting Services Related to Grand Island Resurfacing - Various Locations Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/12/2013 Page 83 / 214 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:February 12, 2013 Subject:Approving Supplemental Agreement No. 2 with NDOR and Olsson Associates for Engineering Consulting Services Related to Grand Island Resurfacing - Various Locations Item #’s:G-10 Presenter(s):Terry Brown, Interim Public Works Director Background All agreements must be approved by the City Council. The City and the Nebraska Department of Roads (NDOR) entered into an agreement, which was executed by the City on May 24, 2011 by Resolution No. 2011-125. This agreement specifies the various duties and funding responsibilities of this Federal-Aid project. The agreement requires that NDOR Standards and Specifications are to be used for design, construction inspection and quality control. On September 27, 2011, by Resolution No. 2011-278 the City entered into an agreement with Olsson Associates for engineering consulting services for the Grand Island Resurfacing – Various Locations project. The work was to be performed at actual costs with a maximum amount of $169,712.83, plus a fixed-fee-for-profit amount of $21,274.82, for a total agreement amount of $190,987.65. The fixed-fee is computed upon the direct labor or wage costs, indirect labor costs, indirect-non-labor costs, and direct payroll additives. On March 26, 2012, by Resolution No. 2012-79 the City Council approved Supplemental Agreement No. 1 with Olsson Associates for engineering consulting services for the Grand Island Resurfacing – Various Locations project. The fixed fee amount was increased from $21,274.82 to $24,072.82, an increase of $2,798.00. Actual costs are increased from $169,712.83 to $199,201.83, an increase of $29,489.00. The total agreement is increased from $190,987.65 to $223,274.65, an increase of $32,287.00. Grand Island Council Session - 2/12/2013 Page 84 / 214 Discussion It is necessary that Right-of-Way services, additional environmental documentation for Hazardous Materials Technical Reviews, additional construction engineering revisions and project management hours, not contemplated in the Original Agreement or Supplemental Agreement No. 1 be added under this supplemental agreement. The original agreement is amended and the fixed-fee-for-profit is increased from $24,072.82 to $28,388.82, an increase of $4,316.00. Actual costs are increased from $199,201.83 to $232,660.83, an increase of $33,459.00. The total agreement amount is increased from $223,274.65 to $261,049.65, an increase of $37,775.00 which the Consultant must not exceed without the prior written approval of the LPA. The City’s estimated share will increase from $44,654.93 to $52,209.93, an increase of $7,555.00. Approval of the Environmental Document was received on January 28, 2013. Olsson Associates is developing final plans and specifications. Acquisition of construction easements is anticipated to begin in April 2013. Construction is anticipated to begin in late fall of 2013 or early spring of 2014. 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 a resolution authorizing the Mayor to sign the Supplemental Agreement No. 2. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/12/2013 Page 85 / 214 Grand Island Council Session - 2/12/2013 Page 86 / 214 Grand Island Council Session - 2/12/2013 Page 87 / 214 Grand Island Council Session - 2/12/2013 Page 88 / 214 Grand Island Council Session - 2/12/2013 Page 89 / 214 Grand Island Council Session - 2/12/2013 Page 90 / 214 Grand Island Council Session - 2/12/2013 Page 91 / 214 Grand Island Council Session - 2/12/2013 Page 92 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2012-33 WHEREAS, on May 24, 2011, by Resolution No. 2011-125 the Grand Island City Council approved entering into an agreement with the Nebraska Department of Roads for the Grand Island Resurfacing – Various Locations project to specify the various duties and funding responsibilities of this Federal-Aid project.; and WHEREAS, on September 27, 2011, by Resolution No. 2011-278 the Grand Island City Council approved entering into an agreement with Olsson Associates for engineering consulting services for such project; and WHEREAS, on March 26, 2012, by Resolution No. 2012-79 the Grand Island City Council approved entering into Supplemental Agreement No. 1 with Olsson Associates for additional Right-of-Way and design services, which were not contemplated in the original agreement; and WHEREAS, the work was to be performed at actual costs with a maximum amount of $199,201.83, plus a fixed-fee-for-profit amount of $24,072.82, for a total agreement amount of $223,274.65, and WHEREAS, the original agreement is now being supplemented for Right-of-Way services, additional environmental documentation for Hazardous Materials Technical Reviews, additional construction engineering revisions and project management hours, not contemplated in the Original Agreement or Supplemental Agreement No. 1; and WHEREAS, the original agreement is amended and the fixed-fee-for-profit is increased from $24,072.82 to $28,388.82, an increase of $4,316.00. Actual costs are increased from $199,201.83 to $232,660.83, an increase of $33,459.00. The total agreement amount is increased from $223,274.65 to $261,049.65, an increase of $37,775.00 which the Consultant must not exceed without the prior written approval of the LPA; and WHEREAS, the City’s share for preliminary engineering costs for this project are estimated to be $52,209.93; and WHEREAS, Supplemental Agreement No. 2 to the original agreement with Olsson Associates is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Supplemental Agreement No. 2 with Olsson Associates for engineering consulting services related to Grand Island Resurfacing – Various Locations 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. - - - Grand Island Council Session - 2/12/2013 Page 93 / 214 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 94 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G11 #2013-34 - Approving Amendment No. 4 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" with Black & Veatch; Rate Study Work Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/12/2013 Page 95 / 214 Council Agenda Memo From:Marvin Strong, Wastewater Plant Engineer Meeting:February 12, 2013 Subject:Approving Amendment No. 4 to the Agreement for Professional Engineering Services entitled “Wastewater Treatment Plant and Collection System Rehabilitation” with Black & Veatch; Rate Study Work Item #’s:G-11 Presenter(s):Terry Brown, Interim Public Works Director Background City staff is nearing a milestone in a multi-year Collection System and Wastewater Treatment Rehabilitation Program, where a rate study review update would benefit in planning strategies for the forthcoming infrastructure projects. In October 2011, the City embarked on development of a phased approach of planning, design, and construction to rehabilitate the Headworks Facilities at the Wastewater Treatment Plant and major sections of the City’s wastewater collection system. The rehabilitation of the Headworks Facilities includes replacement of the City’s existing Headwork’s Facilities (pumping, flow measurement, screening, and grit collection systems). The rehabilitation of the wastewater collection system includes a number of projects, most notably the replacement of the North Interceptor. The “North Interceptor” will replace aged gravity sanitary sewer, reduce or eliminate existing sewer pumping station(s), and provide additional capacity for existing, and new growth areas of Grand Island. Accompanying the collection system rehabilitation projects, a collection system model has been developed to evaluate the capabilities of the existing collection system and serve as a tool to develop a long-range master plan for the collection system. One particular focus on the master plan has been practical, reliable and cost effective gravity sanitary sewer interceptor. At this time, City staff and our consulting engineers are in the final development stage of the construction bidding documents for the Headwork’s Improvements, and the North Interceptor Phase I work; the North Interceptor Phase II preliminary design development continues in coordination with the Capital Avenue Widening Project, and the South & West Interceptor rehabilitation projects and 5th Street Sanitary Sewer Replacement are currently bid, and proceeding into construction activities. Grand Island Council Session - 2/12/2013 Page 96 / 214 Discussion With two major wastewater capital improvement projects bidding in the next three months, Public Works staff is requesting the Report on Revenue Requirements, Cost of Service and Rates for Wastewater completed in March 2011 be reviewed and updated. The Division, in recognition of the importance of financial planning for the revenue requirements in the construction, operating, and maintenance of facilities for collection, transportation, treatment, and disposal of the sanitary and industrial wastewater, recommends the update be completed to confirm the adequacy of projected revenue to meet the total requirements through the fiscal year ending September 31, 2018. With the approval of Amendment No. 4 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation", City staff in conjunction with consulting engineer; Black & Veatch; will conduct analyses, opinion, and projection in with respects to conditions, events, and circumstances that may occur in multi-year improvement projects. Evaluate alternatives to effectively balance the often competing factors of bond coverage and fund balance requirements, revenue sufficiency, equitable cost recovery, stable and affordable rates, customer bill impact, and the use of industry standard methods and principles. The findings of the rate study update will be presented to the City Staff, and Council. Amendment No. 4 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" will add $30,000 to the original agreement, and associated amendments in the amount of $3,349,989 for a total agreement amount of $3,379,989. Table A represents the cost breakout for Amendment No. 4 services. Table - A Task 6 – Wastewater Rate Study Update Hours Total Cost Task 6.1 – Financial Planning 50 $9,938 Task 6.2 – Conduct Cost Allocations and Rate Design Study 53 $10,694 Task 6.3 – Prepare Report and Present to Council 28 $5,368 Task 6.3 – Customer Correspondence 20 $4,000 Total for Task 6 - Wastewater Rate Study Update 151 $30,000 Note: Miscellaneous expenses are shown in Total Cost and not reflected independently. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve a resolution approving Amendment No. 4 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation". 2.Refer the issue to a Committee. 3.Postpone the issue to future date. Grand Island Council Session - 2/12/2013 Page 97 / 214 4.Take no action on the issue. Recommendation The result will provide assurance in adequate rate structure, and proformas for bond underwriting to the multi-year capital improvements program. City Staff recommends Council approve Amendment No. 4 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" in providing a review update to the Report on Revenue Requirements, Cost of Service and Rates for Wastewater completed in March 2011. Sample Motion Move to approve Amendment No. 4 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation". Grand Island Council Session - 2/12/2013 Page 98 / 214 Page 1 of 3 AMENDMENT NO. 4 TO AGREEMENT BETWEEN CITY OF GRAND ISLAND AND BLACK & VEATCH CORPORATION FOR PROFESSIONAL SERVICES FOR Consulting Engineering Services for the WWTP and Collection System Rehabilitation THIS IS AN AMENDMENT made as of , 2013 to the agreement between City of Grand Island (OWNER) and Black & Veatch Corporation (ENGINEER) dated October 17, 2011, and entitled Consulting Engineering Services for the WWTP and Collection System Rehabilitation. OWNER and ENGINEER agree to amend such Agreement as follows: ARTICLE 3 – SERVICES TO BE PERFORMED BY ENGINEER The scope of services for this amendment includes the following services: 1. Wastewater Rate Study Update – Financial planning, cost allocation, and wastewater rate design study. The Scope of Services as described in Attachment A – Scope of Services shall be amended to include the following: Task 6 – Wastewater Rate Study Update ENGINEER will perform all aspects of updating the cost of service / rate study including the projection of revenues and revenue requirements, allocation of functional costs to cost causative parameters, the development of unit costs and the subsequent allocation of costs to customer classes, and finally the design of wastewater rates and charges. In developing the financial plan, cost allocations, and rate design, ENGINEER will evaluate alternatives to effectively balance the often competing factors of bond coverage and fund balance requirements, revenue sufficiency, equitable cost recovery, stable and affordable rates, customer bill impact, and the use of industry standard methods and principles. Task 6.1 - Financial Planning ENGINEER will update the 5-year financial plan for fiscal year 2014 through 2018, which includes the determination of revenue under existing rates and revenue requirements. This analysis includes a plan for financing required capital improvements. The financial plan should generate adequate revenues to meet the operating and capital costs and provide for the financial stability of the wastewater system. The analysis will be conducted and modeled to provide for ”what-if” scenario assessments, taking into consideration different assumptions related to growth, revenue, and expenses. Grand Island Council Session - 2/12/2013 Page 99 / 214 Page 2 of 3 Task 6.2 - Cost Allocation and Rate Design Study The cost of service analyses will take into consideration the functional aspects of operations and cost components such as wastewater contributed flow, infiltration/inflow, wastewater capacity, wastewater strength and customer related costs. The analysis will evaluate the existing system and the relative service requirements placed on the system by the different customer classes to fairly allocate costs based on services received. ENGINEER will allocate costs proportionately to customer classes based on their respective service requirements and then proceed to the development of both cost of service based rates and practical rates that may be necessary to transition from current to cost of service based rates. Task 6.3 - Report Update and Council Presentation The results of the rate study update will be summarized in a report and submitted to the City for review and comment. One meeting is anticipated to discuss the results. The findings of the study will be presented to the City Council after draft review comments are addressed and the report is finalized. Task 6.4 – Customer Correspondence The results of the rate study update may modify rates for major industrial customers. As needed, the ENGINEER will assist the OWNER in the communication of the revised rates to these customers. A total of 20 hours of support has been allocated for these efforts. ARTICLE 4 – COMPENSATION 4.1 The total amount of payments for services and Reimbursable Expenses Compensation in accordance with Attachment B-1, Compensation shall be changed from $3,349,989 to $3,379,989 representing an increase of $30,000. Schedule The draft study update will be completed within 90 calendar days of receiving a notice to proceed. The final study will be submitted within 14 days of receiving final comments from the City. All other provisions of the Agreement shall remain the same. Grand Island Council Session - 2/12/2013 Page 100 / 214 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as of the day and year first above written. OWNER:ENGINEER: CITY OF GRAND ISLAND, NEBRASKA BLACK & VEATCH CORPORATION By:By: Title:Jay Vavricek, Mayor Title: Vice President Date:Date: Attest:Date: RaNae Edwards, City Clerk The Amendment is in due form according to law and is hereby approved. Date: Robert Sivick, City Attorney Grand Island Council Session - 2/12/2013 Page 101 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-34 WHEREAS, Wastewater Division is in a multi-year Collection System and Wastewater Treatment Rehabilitation Program; and WHEREAS, City staff in conjunction with City Administration recommends that a rate study audit would benefit in planning strategies for the infrastructure projects; and WHEREAS, City staff has negotiated Amendment No. 4 with the consulting engineer; Black & Veatch in the amount of $30,000 for the review to the “Report on Revenue Requirements, Cost of Service and Rates for Wastewater” completed in March 2011; and WHEREAS, the revised agreement amount, including Amendment No. 4, is $3,379,989.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 4 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" is hereby approved; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement amendment on behalf of the City of Grand Island. Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 102 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G12 #2013-35 - Approving Amendment No. 5 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" with Black & Veatch Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/12/2013 Page 103 / 214 Council Agenda Memo From:Marvin Strong, Wastewater Treatment Plant Engineer Meeting:February 12, 2013 Subject:Approving Amendment No. 5 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" with Black & Veatch Item #’s:G-12 Presenter(s):Terry Brown, Interim Public Works Director Background On October 11, 2011 City Council approved, by Resolution No. 2011-307 in the amount of $1,121,160.00, the initial agreement with Black & Veatch for project management, collection system master planning and conceptual designs for the Northeast Interceptor sewer, Collection System rehabilitation and Wastewater Treatment rehabilitation. On April 24, 2012 City Council approved, by Resolution No. 2012-111 Amendment No. l, in the amount of $1,910,075.00, to this agreement in continued design effort to finalize design and prepare bidding documents. Bidding documents in Amendment No. l included; Lift Station No. 7 Improvements, 4th to 5th Eddy to Vine, Northeast Interceptor Phase 1A, and 1B, South and West Collection System rehabilitation, and Wastewater Treatment Rehabilitation. At the August 28, 2012 City Council meeting Resolution No. 2012-229 was approved for Amendment No. 2, in the amount of $53,000.00, to this agreement. This amendment added Community Development Block Grant (CDBG) guideline provisions, as well as provided for construction engineering services for the Lift Station No. 7 Improvements and 4th Street to 5th Street; Eddy Street to Vine Street rehabilitation. At the November 13, 2012 City Council meeting Resolution No. 2012-329 was approved for Amendment No. 3, in the amount of $265,754.00, to this agreement. This amendment added construction engineering services and resident inspection during construction for the 5th Street Sanitary Sewer Improvements, as well as for the South & West Sewer Interceptor Improvements with the consulting firm Black & Veatch of Kansas City, Missouri. Grand Island Council Session - 2/12/2013 Page 104 / 214 Discussion Amendment No. 5 provides preliminary design engineering services in Phase II of the North Interceptor Sewer planning. Phase II will begin the preliminary design to replace aged gravity sanitary sewer, reduce or eliminate current sewer pumping station(s), provide additional capacity for existing, and new growth areas of Grand Island. The Preliminary gravity sewer collection planning will develop a corridor from Diers Avenue / Capital Avenue to the end point of Phase I work at the intersection of Seventh Street / Sky Park Road / Fourth Street. This route equates to approximately twenty one thousand (21,000) feet of forty two (42) inch diameter interceptor sewer to increase capacity and improve condition of the sewer. The street corridor between Webb Road and Broadwell Avenue (Phase II-B) will advance to a final bidding document design in correlation to Capital Avenue Widening Project. The agreement cost increase for Amendment No. 5 is $451,896.00, resulting in a revised agreement cost of $3,831,885.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Amendment No. 5 to the original agreement with Black & Veatch of Kansas City, Missouri and pass a Resolution authorizing the Mayor to sign the amendment. Sample Motion Move to approve the resolution authorizing the Mayor to sign Amendment No. 5 with the consulting firm Black & Veatch of Kansas City, Missouri. Grand Island Council Session - 2/12/2013 Page 105 / 214 Page 1 of 7 AMENDMENT NO. 5 TO AGREEMENT BETWEEN CITY OF GRAND ISLAND AND BLACK & VEATCH CORPORATION FOR PROFESSIONAL SERVICES FOR Consulting Engineering Services for the WWTP and Collection System Rehabilitation THIS IS AN AMENDMENT made as of , 2013 to the Agreement between City of Grand Island (OWNER) and Black & Veatch Corporation (ENGINEER) dated October 17, 2011, and entitled Consulting Engineering Services for the WWTP and Collection System Rehabilitation. OWNER and ENGINEER agree to amend such Agreement as follows: ARTICLE 3 – SERVICES TO BE PERFORMED BY ENGINEER The scope of services for this amendment includes the following services: 1.North Interceptor (LS 19 to 7th/Skypark Road - Phase 2)) – Preliminary Design. 2.North Interceptor (Webb to Broadwell – Phase 2B) – Final Design and Bidding Phase Services. The Scope of Services as described in Attachment A – Scope of Services shall be amended to include the following: Task 3.6 – Preliminary 30% Design – North Interceptor (LS 19 to 7th/Skypark Road – Phase 2) General The scope of services for this Amendment includes engineering services in connection with preliminary design of Phase 2 of the North Interceptor Sewer (LS 19 to 7th/Skypark Road-end of Phase 1) Phase 2 – LS 19 to 7th/Skypark Road including the following segments: Phase 2A – Broadwell Street to 7th/Skypark Road Phase 2B – Webb Road to Broadwell Street Phase 2C – LS 19 to Webb Road As outlined in this Amendment, the scope of services is based on the following additions, modifications, and/or changes to the existing North Interceptor: 1.The existing 12-inch and 24-inch diameter force main pipe between LS 19 and Oak Street will be abandoned when the new interceptor is placed into service. The existing gravity sanitary sewer interceptor pipe between Oak Street and Skypark Road will be removed and the new interceptor will be installed generally in the same alignment as the existing pipe. The new interceptor will then be located in Skypark Road between Capital and 7th Street. 2.Preliminary design of approximately 20,600 feet of 42-inch diameter interceptor sewer to increase capacity and improve condition of the sewer. Grand Island Council Session - 2/12/2013 Page 106 / 214 Page 2 of 7 The preliminary design will include an analysis of potential gravity and/or pumped tie-ins for Lift Stations 2, the Soldiers & Sailors lift station at the north side Capital & Lafayette, 4, 8, 15, and 19. In addition the connection with the gravity sewer from McCain will be included in the preliminary design evaluation. Objective: Prepare 30% contract documents for the North Interceptor (LS 19 to 7th/Skypark Road – Phase 2) Subtasks: 1.Conduct Preliminary Design Evaluations. Preliminary design evaluations will be prepared to establish the final design pipeline alignment, verify existing utility information, identify permitting requirements, review constructability, verify surface features, identify traffic and public impacts, verify connection requirements to existing sewers, determine operational needs, and establish final easement needs. In addition, the design evaluation will include identification of the future inverts required for lift station and connecting gravity sewer connections. Lift station connections will consider potential inverts required to convert lift stations to gravity connections. A preliminary design memo will be prepared and submitted as described in Subtask 5. 2.Conduct Route Survey: a.Provide field design surveys for the preparation of construction drawings and specifications. Surveys will determine site topography within 1-foot contours, pertinent utility locations within limits of new facilities using survey data of visible above-ground features and professional judgment, adjacent existing plant structures, buildings, and above grade facilities. The survey format shall follow the OWNER’s existing facility coordinate and elevation datum system using three (3) city established control points. 3.Conduct Geotechnical Services: Provide Engineering services including exploratory work (22 borings estimated), laboratory and field testing, and professional guidance in tests to be made at test locations based on preliminary drawings and designs and including professional interpretations of exploratory and test data. The services will include: a.Initial geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, groundwater levels, rock formations, and other geophysical phenomena which may be required to provide information for design, and other field and laboratory tests and analyses which are required to provide design information. b.An initial geotechnical report interpreting the data on the exploratory work and testing and setting out the site conditions that can be anticipated from this initial exploratory work. 4. Conduct Initial Site Assessment (ISA). ENGINEER shall conduct an ISA for the interceptor route corridor to assess potential for contaminants and cultural/historical resources to be encountered during construction. The ISA includes a paper study and records research to determine locations of past underground storage tanks or contaminant spills and dump sites. A report will be prepared and submitted with the preliminary design memorandum in Subtask 5. Grand Island Council Session - 2/12/2013 Page 107 / 214 Page 3 of 7 5.Prepare Preliminary Design Memorandum. A final design memorandum will be prepared summarizing the findings of the design evaluations, ISA, permit list, and the recommended final design criteria. 6.Prepare 30% Contract Documents. Preliminary plan and profile drawings will be prepared showing pipeline depth, connections, and manhole locations. A specification outline will be prepared. Coordinate design from Webb to Broadwell with the roadway design engineer. Conduct up to two (2) coordination meetings with the design engineer. Forty (40) plan and profile sheets are anticipated. 7.Identify Permits. Identify required permits for Phase 2. Coordinate with the applicable entity on the permit requirements. Anticipated permits include NDEQ Construction Permit, BNSF RR Crossing Permit, 404 Permit (Drainage Ditch), and NDOR Crossing Permit at Hwy 281. This subtask assumes one draft submittal, two one-hour meetings, and one final submittal included in Subtask 5. 8.Prepare 30% Estimate of Probable Construction Cost. Prepare 30% opinion of probable construction cost based on documents. ENGINEER shall use past project experience, equipment manufacturer’s quotes, and internal cost information to develop opinion of cost. Estimate will be based on AACE Class 3 level detail. 9.Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality assurance/quality control review of the 30% contract documents. 10.Submit 30% Contract Documents. ENGINEER shall submit eight (8) copies of the 30% Design Contract Documents to the OWNER for review. 11.Conduct 30% Contract Documents Review Workshop. ENGINEER shall submit eight (8) copies of the 30% Design Contract Documents to the OWNER for review. One (1) electronic copy in PDF format. Attend one (1) half-day workshop at the Grand Island Olsson Associate office to review the documents with OWNER’s staff. All preliminary plan sets will be on 11-inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of probable construction costs at the workshop. Task 3.7 – Final Design – North Interceptor (LS 19 to 7th/Skypark Road – Phase 2)) General The scope of services for this Amendment includes engineering services in connection with detailed design and bidding of Phase 2B – Webb to Broadwell) a North Interceptor Sewer. As outlined in this Amendment, the scope of services is based on the following additions, modifications, and/or changes to the North Interceptor: Phase 2A – Broadwell to 7th/Skypark Road (To be included in future amendment) Phase 2B – Webb to Broadwell Phase 2C – LS 19 to Webb (To be included in future Amendment) Task 3.7.1 – 90% Contract Document Development Task 3.7.1.1 - 90% Contract Documents Development Phase 2A (To be included in future amendment) Grand Island Council Session - 2/12/2013 Page 108 / 214 Page 4 of 7 Task 3.7.1.2 - 90% Contract Documents Development Phase 2B Objective: Prepare 90% contract documents for the construction of the improvements identified herein. Subtasks: 1.Contract Plans and Specifications. a.Produce project drawings for Phase 2B. b.(1) Title Sheet, (2) Site Plans (if applicable),(3) Legends and Symbols Lists, (4) Standard Detail Sheets, and( 5) Construction Drawings, (6) Plan and Profile Sheets as needed. A total of approximately 25drawings are anticipated in the final set of drawings for Phase 2B. It is anticipated that all drawings will be submitted for review with the 90% review documents. c.Produce complete draft contract specifications document including: (1) OWNER standard “front-end” contract documents which include Table of Contents, Invitation to Bid, Instructions to Bidders, Bid Forms, Bond Forms, Certificate of Compliance with Fair Labor Standards, List of Subcontractors, Questionnaires, the Agreement, Nebraska Performance Bond, Nebraska Payment Bond, Insurance Certificates, General Conditions, Supplementary Conditions, and Exhibit A that lists the duties, responsibilities and limitations of the authority of the resident project representative, (2) OWNER’s forms, (3) Division 1 specifications, and (4) technical specifications. 2.Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality assurance/quality control review of the 90% contract documents. 3.90% Design Development Review Workshop. ENGINEER shall submit eight (8) copies of the 90% Design Contract Documents to the OWNER for review. One (1) electronic copy in PDF format. Attend one (1) half-day workshop at the Grand Island Olsson Associate office to review the documents with OWNER’S Staff. All preliminary plan sets will be on 11-inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of probable construction costs at the workshop prepared to AACE Class 1 Level. 4.Easement Acquisition. ENGINEER shall complete items associated with the permanent and temporary easement acquisition for the tracts along the Phase 2B of the sanitary sewer route. It is anticipated that there are two (2) tracts with a total of two (2) individual landowners from which easements (one (1) temporary and one (1) permanent for each tract) will be required. Subtasks to be completed include: a.ENGINEER shall prepare legal descriptions and tract drawings for the permanent and temporary easements required from each of the impacted tracts. b.ENGINEER shall perform a title search and have an appraisal completed for each of the impacted tracts for use in the acquisition of the temporary and/or permanent easement... Grand Island Council Session - 2/12/2013 Page 109 / 214 Page 5 of 7 c. ENGINEER shall assist the OWNER in the negotiations for the acquisition of the temporary and/or permanent easements. ENGINEER will prepare the easement documents, present, explain offers, answer related questions and secure signatures from interested parties. ENGINEER will attempt to meet with each property owner (assumed three meetings per property owner) at least three times, if necessary. ENGINEER will perform the ROW negotiation services in accordance with the OWNER’S procedures. The goal will be to acquire the necessary right-of- way through amicable negotiations. If condemnation is required, ENGINEER will deliver the parcel files to the OWNER and be available for consultation or condemnation testimony. ENGINEER will submit signed purchase agreements, deeds, and temporary easements, along with a payment transmittal letter to OWNER. The OWNER will approve all signed purchase agreements and easement documents and will make payments to each property owner and tenant, if necessary. OWNER will record the deeds at the County Courthouse, and provide copies of the recorded documents and payment vouchers or checks to the ENGINEER in order to complete the acquisition file. Task 3.7.1.3 - 90% Contract Documents Development Phase 2C (To be included in future amendment) Task 3.7.2 – Final Contract Documents Task 3.7.2.1 - Final Contract Documents Phase 2A (To be included in future amendment) Task 3.7.2.2 - Final Contract Documents Phase 2B Objective: Finalize contract documents for the construction of the PROJECT by a single General Contractor bidding on a unit price basis. Subtasks: 1.Contract Plans and Specifications. Integrate OWNER and internal quality control comments into contract documents to finalize bidding documents. Submit four (4) sets of documents including specifications, half size (11”x17”), and full sized plans (22”x34”), two (2) electronic copies in PDF format, and two (2) electronic copies of the drawings in AutoCAD 2008 format. 2.Prepare Final Opinion of Probable Construction Cost. Prepare final opinion of probable construction cost based on bidding documents to AACE Class 1 Level detail. ENGINEER shall use past project experience, equipment manufacturer’s quotes, and internal cost information to develop opinion of cost. 3.Obtain Project Approvals. ENGINEER shall assist in obtaining approval from the governmental authorities having jurisdiction over the design criteria of the PROJECT, consisting of any required correspondence and the attendance of one (1) meeting, if required, with the appropriate governmental agencies. ENGINEER shall prepare sealed documents for review by NDEQ. Grand Island Council Session - 2/12/2013 Page 110 / 214 Page 6 of 7 Task 3.7.2.3 - Final Contract Documents Phase 2C (to be included in future amendment) Task 3.8 – Bidding Phase Services – North Interceptor (LS 19 to 7th/Skypark Road)) Task 3.8.1 – Bidding Phase Services Phase 2A (To be included in future amendment) Task 3.8.2 – Bidding Phase Services Phase 2B Objective: Provide bidding phase support services to the OWNER during advertisement of Phase 2B of the North Interceptor (LS 19 to 7th/Skypark Road)) project. Subtasks: 1.Distribute Documents. Assist the OWNER in establishing a bid opening date and distribute project drawings and contract specifications in accordance with OWNER’s procedures to all interested parties and clearinghouses. Document distribution may be on a third-party plan distribution website as approved by OWNER. 2.Pre-Bid Conference. Assist with, at a date and time selected and a place provided by OWNER, a pre-bid conference to: a.Instruct prospective bidders and suppliers as to the types of information required by the Contract Documents and the format in which bids should be presented. b.Review special project requirements and Contract Documents in general. c.Receive requests for interpretations that will be issued to plan holders. d.OWNER personnel will prepare minutes of conference and issue to plan holders. 3.Answer Bidders Questions. Interpret questions from prospective bidders regarding the construction Contract Documents (assumed 34 hours total) 4.Prepare and Issue Addenda. Prepare addenda (2 assumed) to the construction Contract Documents when required. OWNER will issue any addenda to plan holders. 5.Evaluate Bids and Recommend Award. a.Assist the OWNER in reviewing the bids for completeness and accuracy. b.Examine the questionnaire to identify any supplier whose equipment or materials may not conform to the construction Contract Documents. The list of subcontractors will also be reviewed. c.Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written recommendations to OWNER concerning qualifications of the apparent low bidder. d.Assistance with bid protests and rebidding will be considered a supplemental service. Grand Island Council Session - 2/12/2013 Page 111 / 214 Page 7 of 7 Task 3.8.3 – Bidding Phase Services Phase 2C (To be included in future amendment) Task 3.9.1 – Construction Phase Services – North Interceptor (LS 19 to 7th/Skypark Road) (To be included in a future amendment) Task 3.9.2 – Resident Inspection Services During Construction – North Interceptor (LS 19 to 7th/Skypark Road) (To be included in a future amendment) ARTICLE 4 – COMPENSATION 4.1 The total amount of payments for services and Reimbursable Expenses in accordance with Attachment B-1, Compensation shall be changed from $3,379,989 to $3,831,885 representing an increase of $451,896. All other provisions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as of the day and year first above written. OWNER:ENGINEER: CITY OF GRAND ISLAND, NEBRASKA BLACK & VEACTH CORPORATION By: By: Title: Title: Grand Island Council Session - 2/12/2013 Page 112 / 214 Approved as to Form ¤ ___________ February 12, 2013 ¤ City Attorney R E S O L U T I O N 2013-35 WHEREAS, on October 11, 2012 Grand Island City Council, by Resolution No. 2011-307, approved the consulting agreement with Black & Veatch of Kansas City, Missouri; for project management, collection system master planning and conceptual designs for the Northeast Interceptor sewer, Collection System rehabilitation and Wastewater Treatment rehabilitation in the amount of $1,121,160.00, and WHEREAS, on April 24, 2012 Grand Island City Council, by Resolution No. 2012-111, approved Amendment No. 1 allowed for the continuation of the design effort to final design and bidding, in the amount of $1,910,075.00; and WHEREAS, on August 28, 2012 Grand Island City Council, by Resolution No. 2012-229, approved Amendment No. 2 to add CDBG guideline provisions, and provided for construction engineering services for the Lift Station No. 7 Improvements and 4th Street to 5th Street; Eddy Street to Vine Street rehabilitation, in the amount of $53,000; and WHEREAS, Amendment No. 3 provided for construction engineering services and resident inspection during construction for the 5th Street Sanitary Sewer Improvements, as well as for the South & West Sewer Interceptor Improvements with the consulting firm Black & Veatch of Kansas City, Missouri, in the amount of $265,754.00; and WHEREAS, Amendment No. 4 provided for the review to the “Report on Revenue Requirements, Cost of Service and Rates for Wastewater”, in the amount of $30,000.00; and WHEREAS, Amendment No. 5 will provide preliminary design engineering services in Phase II of the North Interceptor Sewer planning, and final biding documents for Phase II-B North Interceptor Sewer with the consulting firm Black & Veatch of Kansas City, Missouri; and WHEREAS, the agreement cost increase for Amendment No. 5 is $451,896.00, resulting in a revised agreement cost of $3,831,885.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that such Amendment No. 5 to the agreement with Black & Veatch of Kansas City, Missouri is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Amendment No. 5 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 113 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G13 #2013-36 - Approving Agreement for Utility Relocation Services to be performed by the City Utility Department for the Walk to Walnut Safe Routes to Schools Project Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/12/2013 Page 114 / 214 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:February 12, 2013 Subject:Approving Agreement for Utility Relocation Services to be performed by the City Utility Department for the Walk to Walnut Safe Routes to Schools Project Item #’s:G-13 Presenter(s):Terry Brown, Interim Public Works Director Background All agreements must be approved by the City Council. The Walk to Walnut project will realign the main driveway to Walnut Middle School to match up with the intersection of 15th Street and Custer Avenue. Traffic Signals will be constructed at the intersection. The project is mostly funded with Safe Routes to School (SRTS) funds authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users Act (SAFETEA-LU) that are administered by the Nebraska Department of Roads (NDOR). The project will improve safety for students crossing Custer Avenue and encourage more walking and biking to school. The original federal aid funding cap for this project was $250,000. On June 26, 2012, City Council approved Supplemental Agreement No. 3 to the Program Agreement with NDOR, which removed the funding cap and allowed federal aid to be used to pay for 100% of the costs for construction, construction engineering and utility relocation. The City of Grand Island Utility Department owns overhead power on the west side of Custer Avenue at the project location. A pole for the overhead power will conflict with the location of the proposed driveway entrance at 15th Street. Discussion The City of Grand Island Utility Department prepared plans and a cost estimate to relocate overhead power poles to resolve the conflict with the proposed driveway. The work will consist of removing three existing poles, installing 4 new line poles and associated hardware, and 2 new street light poles and associated hardware. The additional Grand Island Council Session - 2/12/2013 Page 115 / 214 replacement poles are necessary to appropriately space the new poles in accordance with engineering standards and are based on the remaining available open spaces. The estimated cost for this work is $12,646.50. The Nebraska Department of Roads Local Projects Division determined that since the work will be performed by City forces, an agreement between the City of Grand Island and the Nebraska Department of Roads was appropriate. The City will be reimbursed 100% of the actual costs. Approval of Environmental Documents was received in January of 2012. Final Plans and Specification have been submitted to NDOR for review and approval. The bid letting for Construction is scheduled for June or July of 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 for Utility Relocation Services to be performed by the City Utility Department for the Walk to Walnut Safe Routes to Schools Project. Sample Motion Move to approve the agreement. Grand Island Council Session - 2/12/2013 Page 116 / 214 Grand Island Council Session - 2/12/2013 Page 117 / 214 Grand Island Council Session - 2/12/2013 Page 118 / 214 Grand Island Council Session - 2/12/2013 Page 119 / 214 Grand Island Council Session - 2/12/2013 Page 120 / 214 Grand Island Council Session - 2/12/2013 Page 121 / 214 Grand Island Council Session - 2/12/2013 Page 122 / 214 Grand Island Council Session - 2/12/2013 Page 123 / 214 Grand Island Council Session - 2/12/2013 Page 124 / 214 Grand Island Council Session - 2/12/2013 Page 125 / 214 Grand Island Council Session - 2/12/2013 Page 126 / 214 Grand Island Council Session - 2/12/2013 Page 127 / 214 Grand Island Council Session - 2/12/2013 Page 128 / 214 Grand Island Council Session - 2/12/2013 Page 129 / 214 Grand Island Council Session - 2/12/2013 Page 130 / 214 Grand Island Council Session - 2/12/2013 Page 131 / 214 Grand Island Council Session - 2/12/2013 Page 132 / 214 Grand Island Council Session - 2/12/2013 Page 133 / 214 Grand Island Council Session - 2/12/2013 Page 134 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-36 WHEREAS, the City of Grand Island Utility Department has prepared plans and a cost estimate to relocate overhead power poles to resolve the conflict with the proposed driveway in connection with the planned Walk to Walnut Safe Routes to Schools Project; and WHEREAS, relocation work includes removing three existing poles, installing 4 new line poles and associated hardware, and 2 new street light poles and associated hardware; and WHEREAS, the estimated cost for relocation of the overhead power poles is $12,646.50, and WHEREAS, the Nebraska Department of Roads Local Projects Division determined that since the work will be performed by City forces, an agreement between the City of Grand Island and the Nebraska Department of Roads was appropriate; and WHEREAS, on June 26, 2012 City Council approved Supplemental Agreement No. 3 to the Program Agreement with the Nebraska Department of Roads, which removed the funding cap and allowed federal aid to be sued to pay for 100% of the costs for construction, construction engineering and utility relocation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Utility Relocation Services Agreement between the City of Grand Island and the Nebraska Department of Roads for such services to be performed by the Grand Island Utility Department 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, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 135 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item G14 #2013-37 - Approving Change Order #2 for Lincoln Park Swimming Pool Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 2/12/2013 Page 136 / 214 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:February 12, 2013 Subject:Approve Change Order No. 2 to Hausmann Construction, Inc. of Lincoln, Nebraska for the Construction of Lincoln Pool Item #’s:G-14 Presenter(s):Todd McCoy, Parks and Recreation Director Background Construction is currently underway to replace Lincoln Park Swimming Pool. Funding was made available to complete this project using bonding authority provided through the CRA. The bonding capability for the CRA was adopted by Council in September of 2011. On July 24, 2012 City Council approved, by Resolution 2012-196, the bid award to Hausmann Construction to build a new Lincoln Park Pool in the amount of $1,679,000. On September 25, 2012 City Council approved Change Order No. 1 substituting the slide tower finish from painted to galvanized for an ($8,800) contract deduction. Discussion As construction progresses a few minor changes have been identified to enhance the project and find cost savings. 1.Alter shade structure shapes and relocate to enhance patron traffic flow and maximize shade benefit. ($500) Deduct 2.Revise drive entry specification, sidewalk and fencing gates for savings and to enhance pool access. ($3,898) Deduct 3.Upgrade roof soffit material for durability and match color to wall panel. $2,860 Add Grand Island Council Session - 2/12/2013 Page 137 / 214 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 City Council approve Lincoln Pool Construction Change Order No. 2 in the amount of ($1,589). Doing so will reduce the total amount of the contract with Hausmann Construction to $1,668,611. Sample Motion Move to approve Change Order No. 2 to Hausmann Construction, Inc. of Lincoln, Nebraska for the construction of Lincoln Pool. Grand Island Council Session - 2/12/2013 Page 138 / 214 Grand Island Council Session - 2/12/2013 Page 139 / 214 Grand Island Council Session - 2/12/2013 Page 140 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-37 WHEREAS, on July 24, 2012 by Resolution 2012-196 and on September 25, 2012 by Resolution 2012-270, the City Council of the City of Grand Island awarded Hausmann Construction Inc. from Lincoln, Nebraska, the bid in the amount of $1,679,000, and Change Order amount of $-8,800, for the construction of a new swimming pool in Lincoln Park; and WHEREAS, it has been determined that the revision of shade shelters, sidewalk/fencing adjustments and soffit upgrades would be a cost saving to said project; and WHEREAS, such modifications have been incorporated into Change Order No. 2; and WHEREAS, the result of such modifications will decrease the contract amount by $1,598.00 for a revised contract price of $1,668,602. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 2 between the City of Grand Island and Hausmann Construction Inc. from Lincoln, Nebraska to provide the modifications set out as follows: Revised Shade Shelters……………………………………..…….…………….………..$-560.00 Sidewalk/Fencing Adjustments……………………..…….………….………………..$-3,898.00 Soffit Upgrade……….……………………………………..…………………………..$2,860.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 141 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item I1 #2013-38 - Consideration of Request from RMH Franchise Corporation dba Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue for a Class “I” Liquor License and Liquor Manager Designation for John Gabel, 9500 South 64th Street, Lincoln, NE This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 2/12/2013 Page 142 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-38 WHEREAS, an application was filed by RMH Franchise Corporation doing business as Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 2, 2013; such publication cost being $16.77; and WHEREAS, a public hearing was held on February 12, 2013 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of John Gabel, 9500 South 64th Street, Lincoln, NE as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 143 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item I2 #2013-39 - Consideration of Amendment to Resolution No. 2010- 207 for the Economic Development Incentive Agreement with Grand Island Area Economic Development Corporation Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/12/2013 Page 144 / 214 Council Agenda Memo From:Mary Lou Brown, City Administrator Meeting:February 12, 2013 Subject:Consideration of Amendment to Resolution No. 2010- 207 for the Economic Development Incentive Agreement with Grand Island Area Economic Development Corporation Item #’s:I-2 Presenter(s):Terry Brown, Interim Public Works Director Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Economic Development Corporation. The Economic Development Corporation received an application from the Grand Island Area Economic Development Corporation (GIEDC) for LB840 funds in the amount of $575,000.00 to be used exclusively for Public Works improvements at the Platte Valley Industrial Park East, which is owned by the applicant. On June 10, 2010 the Executive Board of the GIEDC approved submission of the attached Economic Development Agreement to the Citizens Review Committee (CRC) for consideration and recommendation. The CRC met on July 20, 2010 and approved the request and agreement for recommendation to the City Council for final action and approval. At the July 27, 2010 City Council meeting Resolution No. 2010-207 was approved for the agreement between the City of Grand Island and the Grand Island Area Economic Development Corporation to provide $575,000.00 in economic assistance to Grand Island Area Economic Development Corporation, to be used for Public Works improvements at the Platte Valley Industrial Park East. The applicant requested these funds to be used to provide water and sanitary sewer infrastructure. Discussion The accepted bid from The Diamond Engineering Co. of Grand Island, Nebraska for sanitary sewer installation was $484,384.60 and $778,524.96 for water installation. The reasoning for the lower cost of the sanitary sewer installation was that originally Grand Grand Island Council Session - 2/12/2013 Page 145 / 214 Island thought a lift station would be needed. After further investigation, a lift station is not needed at this time, leaving a project cost savings of approximately $500,000.00. There was also a cost saving of approximately $400,000.00 on water main, a total savings of $900,000.00. Tap districts were set up for both the water and sanitary sewer services, which will aid in the repayment of this project. With the lower than expected bids for the installation of water and sanitary sewer the Grand Island Area Economic Development Corporation is requesting to reallocate the $575,000.00 of LB840 funds to allow for paving of Blaine Street, from Wildwood Drive to Schimmer Drive (see attached letter). The LB840 funds will be combined with the Community Development Block Grant (CDBG) as a match to the City funds to fully fund this paving project. 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 amend Resolution No. 2010-207 to allow for the $575,000.00 of LB840 funds to be reallocated to the paving of Blaine Street from Wildwood Drive to Schimmer Drive. Sample Motion Move to approve the amendment of Resolution No. 201-207 to allow for the $575,000.00 of LB840 funds to be reallocated to the paving of Blaine Street from Wildwood Drive to Schimmer Drive. Grand Island Council Session - 2/12/2013 Page 146 / 214 Grand Island Council Session - 2/12/2013 Page 147 / 214 Grand Island Council Session - 2/12/2013 Page 148 / 214 Grand Island Council Session - 2/12/2013 Page 149 / 214 Grand Island Council Session - 2/12/2013 Page 150 / 214 Grand Island Council Session - 2/12/2013 Page 151 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-39 WHEREAS, on July 22, 2003 the City of Grand Island adopted an Economic Development Program and a Citizens Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, Grand Island Area Economic Development Corporation (GIAEDC) applied for a forgivable loan in the amount of $575,000.00 towards Public Works improvements at the Platte Valley Industrial Park East form the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application was approved by the executive committee of the Economic Development Corporation and was approved on July 20, 2010 by the Citizens Review Committee, and WHEREAS, it is in the best interests of the City to provide economic development funding to the Grand Island Area Economic Development Corporation as provided by the Grand Island Economic Development Program; and WHEREAS, on July 27, 2010 by Resolution No. 2010-207 City Council approved the Economic Development Agreement by and between the City of Grand Island and the Grand Island Area Economic Development Corporation to provide $575,000.00 in economic assistance to Grand Island Area Economic Development Corporation to be used for Public Works improvements (installation of sanitary sewer and water) at the Platte Valley Industrial Park East in Grand Island; and WHERAS, with the lower than expected bids for the installation of water and sanitary sewer the Grand Island Area Economic Development Corporation is requesting to reallocate the $575,000.00 of LB840 funds to allow for paving of Blaine Street, from Wildwood Drive to Schimmer Drive; and WHEREAS, the City has created a water and sanitary sewer district to aid in the funding of both utility installations for the Platte Valley Industrial Park East. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the reallocation of the $575,000.00 of LB840 funds to allow for paving of Blaine Street, from Wildwood Drive to Schimmer Drive is hereby approved. - - - Grand Island Council Session - 2/12/2013 Page 152 / 214 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 153 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item I3 #2013-40 - Consideration of Support for Community Proposal to Continue Service for Veterans in a New Facility in Grand Island Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/12/2013 Page 154 / 214 Grand Island Council Session - 2/12/2013 Page 155 / 214 Grand Island Council Session - 2/12/2013 Page 156 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-40 WHEREAS, the people of Grand Island have a long standing history of support for the military and the service and sacrifice of veterans; and WHEREAS, as evidenced from the many years of manufacturing munitions at the Former Cornhusker Army Ammunition Plant, home for the training of World War II B-29 Army Aviators, home for the Veteran’s Administration Hospital and the Nebraska National Guard Aviation; and WHEREAS, as evidenced from 30,000 who attended the Vietnam Traveling Memorial Wall; the many Veteran’s Day Breakfasts and Veteran’s Day Parades; the ongoing services to veterans and their families by the Veteran’s Service Office and the Red Cross Military Families; and the effort to support our troops by wearing red on Fridays , and WHEREAS, as evidenced by the membership of the United Veterans Club, American Legion, Veterans of Foreign War, and Patriot Guard Riders; and WHEREAS, the spirit sparked over 125 years ago that created the means for our community to be the home of the Soldiers and Sailors Home is alive today as evidenced by the services provided at the Grand Island Veteran’s Home. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Grand Island can serve and appreciate veterans like no other Central Nebraska community and with the imminent promise to build a new Veterans Home in Central Nebraska, the City of Grand Island supports the team of volunteers working on a community proposal to continue its service to honor and care for veterans in its new facility in our community. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 157 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item I4 #2013-41 - Consideration of Adjustment to Police Department Authorized Personnel Positions Staff Contact: Steven Lamken Grand Island Council Session - 2/12/2013 Page 158 / 214 Council Agenda Memo From:Steven Lamken, Police Chief Meeting:February 12, 2013 Subject:Adjustments in Police Department Authorized Strength at Police Sergeant, Police Officer and Community Service Officer Item #’s:I-4 Presenter(s):Steven Lamken, Police Chief Background The ICMA Public Safety Study called for the Police Department Patrol Division to have ten Sergeants to implement strategic policing. The Police Department implementation plan proposed to reassign a Sergeant working in the Administration Division to Patrol to gain the tenth position. I proposed to replace the Administration Sergeant with a full time equivalent Community Service Officer. The Department’s leadership has reevaluated this proposal and we do not recommend it. I propose to promote an additional Sergeant in the Department raising our authorized strength of Police Sergeants to fourteen and eliminating one full time Community Service Officer position from our authorization. The action would result in a savings in the Police Department personnel budget. Discussion The Police Department leadership was tasked with developing a multi-year implementation plan for strategic policing based upon the recommendations set forth in the ICMA Public Safety Study. The ICMA study calls for ten Police Sergeants in the Patrol Division, which is an increase of one Sergeant. I proposed transferring one Police Sergeant from the Administration Division to the Patrol Division and replacing the Sergeant in the Administration Division with a full time Community Service Officer as a part of the implementation plan during the 2012/2013 fiscal year. The ICMA consultants did not recommend this transfer during their review and report on the operations of the Police Department. Hind sight is most always clearer than foresight. We have reviewed the duties and tasks that the Administrative Sergeant performs and I now recognize that responsibilities are commensurate with a Police Sergeant. Grand Island Council Session - 2/12/2013 Page 159 / 214 The Administrative Sergeant has multiple duties. The greatest are managing the department fleet and radio equipment and the budget that supports both vehicle and equipment purchases and repairs. This is a major responsibility and requires a significant amount of time, decision making and authority. The Administrative Sergeant also supervises the operation of the Police impound lot. Again, this requires decision making and authority when overseeing these operations and determining the status of impounded vehicles. The Administrative Sergeant also serves as a backup supervisor to Patrol. An example of this is that with the current Sergeant vacancy in Patrol, the Administrative Sergeant has served as a shift supervisor when a Sergeant wasn’t available. The Sergeant also exercises police powers in issuing citations for violations that cannot be done by a Community Service Officer. The proposal was to replace the Administrative Sergeant with a full time Community Service Officer and then reassign the Sergeant to the Patrol Division. The Community Service Officer position in the Administration Division would not have served in code enforcement or strategic policing. It has become apparent that a Police Sergeant is the more appropriate employee to fill this position and that a Community Service Officer would not be appropriate for the position. I recommend that the number of Police Sergeants allocated in the Police Department be increased to fourteen from the current thirteen and that one full time Community Service Officer be eliminated from the Department authorized strength. The Sergeant position would come from the current authorized sworn ranks of the Department so we would not be increasing the number of sworn officers above the current eighty-two. The proposal would change our authorized sworn positions accordingly: Current Sworn Strength Proposed Sworn Strength Police Chief -1 Police Chief - 1 Police Captain - 3 Police Captain -3 Police Sergeant -13 Police Sergeant -14 Police Officer -65 Police Officer -64 Total 82 Total 82 The annual personnel savings in pay and benefits from the reduction of one full time Community Service Officer from the Administration Division is $49,880. The additional annual costs between the pay of a Police Sergeant and a Police Officer both at the highest step is: Police Sergeant $64,620 Police Officer $52, 674 Additional Costs $11, 946 Grand Island Council Session - 2/12/2013 Page 160 / 214 The subtraction of the cost from the savings results in a savings of $37,934 in adopting the proposed changes in personnel. 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 increase the number of Police Sergeants in the Police Department to fourteen; and reduces the number of Police Officers to sixty four; and reduce the number of full time Community Service Officers to two in the Police Department. Sample Motion Move to recommends that the Council increase the number of Police Sergeants in the Police Department to fourteen and reduces the number of Police Officers to sixty four and reduce the number of full time Community Service Officers to two in the Police Department. Grand Island Council Session - 2/12/2013 Page 161 / 214 POLICE Police Department Personnel Adjustments Grand Island Council Session - 2/12/2013 Page 162 / 214 POLICE Personnel Changes Current Allocation Proposed Allocation 13 Sergeants 14 Sergeants 65 Police Officers 64 Police Officers 3 FTE CSOs 2 FTE CSOs Grand Island Council Session - 2/12/2013 Page 163 / 214 POLICE Fiscal Impact CSO pay & benefits-Savings $49,880 Sergeant Step 9 -$64, 620 Police Officer Step 9 $52, 674 Costs $11,946 Savings $49,880 Less Costs $11,946 Total Savings $37,934 Grand Island Council Session - 2/12/2013 Page 164 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-41 WHEREAS, the Police Department is currently authorized thirteen Police Sergeants, Sixty five Police Officers and three full time Community Service Officers; and WHEREAS, the ICMA public safety study recommends ten Police Sergeants in Patrol; and WHEREAS, the Police Department proposed to assign the Administrative Sergeant position to Patrol to create the tenth Sergeant; and WHEREAS, the ICMA study did not recommend the replacement of the Administrative Sergeant with a non-sworn employee; and WHEREAS, the Police Department recognizes that the Administrative Sergeant position is needed in the department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, The strength of the Police Department is adjusted to authorize fourteen Police Sergeants, sixty four Police Officers and two full time Community Service Officers. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 165 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item I5 #2013-42 - Consideration of Approving Appointment of John Collins as Public Works Director Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/12/2013 Page 166 / 214 Council Agenda Memo From:Mayor Jay Vavricek Meeting:February 12, 2013 Subject:Appointment of John Collins as Public Works Director/City Engineer Item #’s:I-5 Presenter(s):Mayor Jay Vavricek Background The Public Works Director position has been vacant since July 2012. Terry Brown, Manager of Engineering Services was appointed as Interim Public Works Director until the position is filled. A national search has been conducted by the City’s Human Resources Department. The process included involvement from four city council members; Council President Bob Niemann, Councilman Scott Dugan, Councilwoman Peg Gilbert, and Councilman Mitch Nickerson. Other members involved in the selection process included City Administrator Mary Lou Brown, Human Resources Director Brenda Sutherland, and Interim Public Works Director Terry Brown. Under Neb. Rev. Stat., §16-308 and Grand Island City Code, §2-30, the office of City Engineer, for the City of Grand Island, Nebraska, is an appointed position. The office of City Engineer/Public Works Director have been consolidated into one position for the City of Grand Island. The position is appointed by the Mayor and approved by the Council and serves through the Mayor’s term. Discussion I am pleased to present John Collins as my choice for appointment to the Public Works Director position. Collins’ public works experience includes 25 years in various statewide engineering and management positions with the State of Louisiana Department of Transportation. Additionally, he served as the City Engineer/Public Works Director for the City of Grand Island from March 2011 to July 2012. He is a registered Professional Engineer in the State of Nebraska as well as the State of Louisiana. He obtained a Bachelor of Science degree in Mechanical Engineering from Louisiana State University. Grand Island Council Session - 2/12/2013 Page 167 / 214 While in Louisiana, Collins managed a staff of 89 employees and an operating budget of $40 million. Collins and his staff worked with the rehabilitation efforts during the aftermath of hurricanes Katrina and Rita. During his tenure at the City of Grand Island Collins was instrumental in implementing the Downtown Quiet Zone, developing the Wastewater Treatment Plant improvement plan, updating a dewatering feasibility study, and leading research and construction efforts on the Sycamore and Eddy underpasses. In addition, Collins led efforts to create an improvement plan for the route to the airport, developed a plan to rectify problems with the Stagecoach detention cell, and made plans for the extension of sewer infrastructure along Highway 281 to I-80. Pending City Council approval Collins’ employment will commence in March, 2013 – the exact starting date is yet to be determined. His starting salary will be at step twelve of the Public Works Director pay scale which is $101,148.34 annually. As Public Works Director he will supervise the Engineering, Solid Waste, Streets, Fleet Services, and Wastewater Treatment divisions. It is because of Mr. Collins’ efforts and achievements while he last served the City that I am looking forward to his return. He was an employee who left in good standing and was an important member of the leadership team. Additionally, Terry Brown deserves much appreciation for his hard work and leadership through what has been a very busy time in the Public Works Department. The City can take great pride in the dedication and professionalism that it has in its Public Works Department employees. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation I recommend the approval of John Collins as the City Engineer/ Public Works Director. Sample Motion Move to approve John Collins as the City Engineer/Public Works Director. Grand Island Council Session - 2/12/2013 Page 168 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-42 WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Engineer, for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, under Grand Island City Code, §2-30, the office of City Engineer and Public Works Director have been consolidated into one position for the City of Grand Island, Nebraska, and is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of City Engineer/Public Works Director; and WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall hold the position to which they may be appointed until the end of the Mayor’s term of office; and WHEREAS, this position appointed by the Mayor may be removed at any time by the Mayor with approval of a majority of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that John Collins is hereby duly appointed the City Engineer/Public Works Director for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 169 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item I6 #2013-43 - Consideration of One & Six Year Street Improvement Plan This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/12/2013 Page 170 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-43 WHEREAS, the Regional Planning Commission, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 6, 2013, on the One and Six Year Street Improvement Plan for the City of Grand Island; and WHEREAS, at the February 6, 2013 public hearing, the Regional Planning Commission approved the One and Six Year Street Improvement Plan 2013-2018, and recommended that such program be approved by the City Council; and WHEREAS, the Grand Island City Council, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 12, 2013, on the One and Six Year Street Improvement Plan for the City of Grand Island; and WHEREAS, this Council has determined that the One and Six Year Street Improvement Program as set out in Exhibit “A” should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the One and Six Year Street Improvement Program 2013-2018, based on priorities of needs and calculated to contribute to the orderly development of city streets, and identified as Exhibit “A”, is hereby approved and adopted by this Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 171 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item I7 #2013-44 - Consideration of Approving Resolution to Enter into an Agreement to Create a Metropolitan Planning Organization Staff Contact: Chad Nabity & Terry Brown Grand Island Council Session - 2/12/2013 Page 172 / 214 Council Agenda Memo From:Chad Nabity, AICP Meeting:February 12, 2013 Subject:Agreement for the Creation of the Grand Island Area Metropolitan Planning Organization (GIAMPO) Item #’s:I-7 Presenter(s):Terry Brown, PE Interim Public Works Director Background In March of 2012 the City of Grand Island and the surrounding area was identified as a census defined Urbanized Area. Census defined Urbanized Areas are required by the Federal Surface Transportation Act to form a Metropolitan Planning Organization (MPO) within one year of being declared urbanized. City of Grand Island staff, from the Planning and Public Works departments, have been working with county, state and federal officials to create the MPO. Staff has presented updates to this process to the City Council on several occasions and per the schedule presented at the last update is bringing forward a draft agreement between the City of Grand Island and the State of Nebraska for the creation of the Metropolitan Planning Organization to serve the Grand Island Area. Council review the name, MPO Planning Area Map, and MPO Agreement at a Study Session on January 29, 2013 Discussion The agreement is modeled after the one that the City of Topeka used when they reformed their MPO in 2004. The format of the agreement is acceptable to city legal staff, the State of Nebraska and the representative from Federal Highways and Federal Transit that have been assisting us with setting up the MPO. Map The attached map has a proposed boundary for the MPO. This has to include the census defined Urbanized Area (the green part that stretches from Merrick County to Alda), the 20 year growth boundary for the MPO and any areas near the city that are likely to include transportation projects of regional significance. The proposed area does include Grand Island Council Session - 2/12/2013 Page 173 / 214 the Cornhusker Army Ammunition Plant (CAAP) and the section of Nebraska Highway 2 immediately north of CAAP. The area does not include all of the Grand Island zoning jurisdiction and is not required to include the entire zoning jurisdiction. The map can be changed by the policy board with the agreement of the Governor at any time in the future and will be reviewed at a minimum every 5 years when the MPO updates the Long Range Transportation Plan. The map is labeled Exhibit A and referred to in the Agreement as Exhibit A. MPO Policy Board The Policy Board is the decision making authority for the MPO. They will approve the planning studies, the work program, the transportation plan and the projects that are submitted to the State of Nebraska for funding with federal highway dollars. Following the model set by other communities in and around Nebraska, staff and the committee that been working on the Grand Island MPO is recommending the following membership on the MPO Policy Board: The Mayor of Grand Island. (voting) Four members of the Grand Island City Council recommended by the Mayor and approved by the City Council with other annual boards and commissions appointments. (voting) Two members of the Hall County Board of Supervisors who reside within the metropolitan transportation planning area, selected by the County Board of Supervisors. (voting) The Chair of the Hall County Regional Planning Commission, or their designee from the Hall County Regional Planning Commission. Representative must live within the metropolitan transportation planning area. (voting) The NDOR Director-State Engineer, or designee. (voting) The FHWA Nebraska Division Administrator or designee. (non-voting) The FTA Region VII Administrator or designee. (non-voting) The Policy Board would be a nine member voting body with an additional two non- voting members. Seven of the nine members are elected officials. Five of the nine members are elected officials representing the City of Grand Island and its citizens. The makeup of this board was discussed by Council at the Study Session on January 29th. No changes to this board are suggested based on those discussion. Technical Advisory Committee (TAC) The TAC is the work horse of the MPO. They do not have final decision authority but they will be making recommendations to the Policy Board. This committee is specifically designed to be inclusive of the diverse political boundaries and the transportation and economic development needs of the area. This is the initial TAC and can be modified by a vote of the Policy Board. Grand Island Council Session - 2/12/2013 Page 174 / 214 Grand Island Public Works Director. (voting) Grand Island City Administrator. (voting) Grand Island Manager of Engineering Services. (voting) Hall County Regional Planning Director. (voting) Hall County Public Works Director. (voting) Two representatives from NDOR; (voting) a.one designated by the Planning and Development Engineer and b.the District Four Engineer Merrick County Public Works Director or Highway Superintendent (voting) One representative from the Village of Alda. (voting) One representative from the FHWA as designated by the Nebraska Division Transportation Planner. (non-voting) One representative from the FTA as designated by the Region VII Transportation Planner. (non-voting) Grand Island Finance Director (non-voting) NDOR Local Projects Division Urban Engineer. (non-voting) One representative from the Union Pacific Railroad and one representative from the Burlington Northern Santa Fe Railroad may be appointed to the committee by their respective companies, other rail system operators may be added by the policy board as needed(non- voting) One representative from the Grand Island Area Chamber of Commerce (non-voting) One representative from the Grand Island Area Economic Development Corporation (non-voting) The Board of the Central Nebraska Regional Airport may appoint one representative (non-voting) The TAC as shown is a 9 member voting board with 9 non-voting members. Based on the discussions at the Study Session the proposed agreement adds the City Administrator as a voting member on the TAC and shifts the Finance Director to a non-voting position. Staffing the MPO Changes have been made to ARTICLE 7: Staff Support Services for the GIAMPO to make it very clear that the employees of the MPO are employees of the City of Grand Island subject to the same personnel rules and management structure as other city of Grand Island employees. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 2/12/2013 Page 175 / 214 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council Approve Resolution #2013-44 authorizing the Mayor to sign the agreement with the State of Nebraska creating the Grand Island Area Metropolitan Planning Organization. Sample Motion Move to Approve Resolution #2013-44. Grand Island Council Session - 2/12/2013 Page 176 / 214 Grand Island Area Metropolitan Planning Organization Designation Agreement This Grand Island Area Metropolitan Planning Organization (GIAMPO) Designation Agreement is entered into and becomes effective on this ______ day of _____, 2013. WHEREAS, the parties to this GIAMPO Designation Agreement are committed to establishing and maintaining an effective partnership to undertake a continuing, cooperative, and comprehensive transportation planning process within the metropolitan Grand Island planning area that results in plans and programs that consider all surface transportation modes and supports metropolitan community development and social goals that lead to the development and operation of an integrated, multimodal transportation system that facilitates the efficient and economic movement of people and goods; and WHEREAS, the City of Grand Island was declared an urbanized area on March 27, 2012; and WHEREAS, this GIAMPO Designation Agreement serves to designate the Grand Island Area Metropolitan Planning Organization as the MPO for the Grand Island metropolitan planning area to carry out the required continuing, cooperative, and comprehensive transportation planning process; and WHEREAS, 23 USC § 134(b) and 49 USC § 5303 (c) require the Governor of the State of Nebraska, and unit(s) of general purpose local government representing at least seventy-five percent (75%) of a metropolitan area’s population to designate or redesignate a metropolitan planning organization for each urbanized area with a population exceeding 50,000 and the Grand Island urbanized area does exceed the population threshold; and WHEREAS, the Governor of the State of Nebraska, and unit(s) of general purpose local government representing at least seventy-five percent (75%) of the affected metropolitan population have agreed to the initial metropolitan planning area boundary that will be utilized under this GIAMPO Designation Agreement and that this boundary includes the entire urbanized area as designated by the U.S. Census Bureau following the most recent decennial census plus that area likely to become urbanized and to be included in the initial Long Range Transportation Plan for GIAMPO to be completed by March 27, 2016; and WHEREAS, federal regulations pursuant to 23 CFR § 450.308 and 23 CFR 450.310 require specific agreements to be executed by Governor, the metropolitan planning organization and public transit providers, and this GIAMPO Designation Agreement as supplemented with annual Unified Planning Work Programs (UPWP) satisfies those requirements; and 1 Grand Island Council Session - 2/12/2013 Page 177 / 214 WHEREAS, the Governor, and unit(s) of general purpose local government representing at least seventy-five percent (75%) of the affected metropolitan population, including the City of Grand Island as the central city as designated by the U.S. Census Bureau, have signed this GIAMPO Designation Agreement, which is supplemented with a Memorandum of Understanding between the Nebraska Department of Roads and GIAMPO within six months of designation that identifies the roles and responsibilities for each cooperative partner in the metropolitan planning processes; and WHEREAS, pursuant to 23 USC § 134(b) and 49 USC § 5303(c) the City of Grand Island, as the central city, and as the designated recipient of 49 USC § 5307 funds, desires to participate with NDOR in the GIAMPO Designation Agreement; and WHEREAS, the Governor, and the City of Grand Island, are authorized by the laws of Nebraska to enter into agreements. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties agree to redesignate the metropolitan planning organization as required by 23 USC § 134(b) and 49 USC § 5303(c) for the metropolitan Grand Island planning area as set forth below. ARTICLE 1: Parties to the GIAMPO Designation Agreement Section A: The parties are as follows: THE STATE OF NEBRASKA, acting by and through the Nebraska Department of Roads, herein referred to as “NDOR”, THE CITY OF Grand Island, NEBRASKA, a first class city organized under the laws of Nebraska and the central city for the Grand Island urbanized area as designated by the U.S. Census Bureau following the most recent decennial census, hereinafter referred to as “Grand Island” or the “City of Grand Island.” Section B: All parties identified in Section A above must sign this GIAMPO Designation Agreement for it to become effective. The GIAMPO Designation Agreement will become effective upon all parties signing. Article 2: Definitions: The following words when used in the GIAMPO Designation Agreement shall have the following meanings: Comprehensive as used as in “continuing, cooperative, and comprehensive transportation planning process” shall mean that all modes of surface transportation shall be considered and that have the interaction between the surface transportation systems with land use, the environment, and natural and human environment will be considered as part of the planning process. 2 Grand Island Council Session - 2/12/2013 Page 178 / 214 Continuing as used as in “continuing, cooperative, and comprehensive transportation planning process” shall mean that the LRTP, TIP, and UPWP are updated and adopted on time and that the Policy Board of the GIAMPO and its committees shall meet regularly to identify, discuss, and act on regional transportation planning and programming priorities. Cooperative as used as in “continuing, cooperative, and comprehensive transportation planning process” shall mean that all parties to this GIAMPO Designation Agreement as well as elected officials representing residents within the metropolitan Grand Island planning area will have the opportunity to provide meaningful input into the planning process and will work together to achieve common goals and objectives. FHWA means and refers to the Federal Highway Administration. FTA means and refers to the Federal Transit Administration. Long Range Transportation Plan (LRTP) means and refers to the regional transportation plan developed by the GIAMPO in cooperation with the NDOR that considers all surface and transportation modes and supports metropolitan community development and social goals which leads to the development and operation of an integrated, multimodal transportation system that facilities the efficient and economic movement of people and goods as required by 23 USC § 134(g) and 49 USC § 5303. Metropolitan Grand Island Planning Area Boundary means and refers to the planning area as delineated by agreement between the Governor and the Grand Island Area Metropolitan Planning Organization (GIAMPO) and must contain at minimum the entire urbanized area as delineated by the U.S. Census Bureau following the most recent decennial census plus that area forecast to become urbanized as required in 23 USC § 134(b)(1) and 49 USC § 5303 (c)(1), which shall be subject to the Metropolitan Planning Organization’s planning authority under USC § 134 and 49 USC § 5303, 5304, and 5306. GIAMPO means and refers to the Grand Island Area Metropolitan Planning Organization. GIAMPO Designation Agreement means and refers to this instrument, as amended from time to time. Parties shall mean collectively all entities as described in Article 1, Section A. Transportation Improvement Program (TIP) is the staged four year program or transportation improvement projects developed by the GIAMPO in cooperation with the NDOR and which is consistent with the Long Range Transportation Plan and developed pursuant to Title 23 § 134(h), 49 USC § 5304. Unified Planning Work Program (UPWP) is the annual program developed by the GIAMPO in cooperation with the NDOR that lists all planning tasks to be undertaken during a program year, together with a complete description thereof and an estimated budget, all as required by 23 CFR § 450.314 and 23 CFR § 420. ARTICLE 3: Purpose of the GIAMPO Designation Agreement Section A: The GIAMPO is hereby designated by the Governor and unit(s) of general purpose local government representing at least seventy-five (75%) of the 3 Grand Island Council Session - 2/12/2013 Page 179 / 214 affected metropolitan population to undertake the continuing, cooperative, and comprehensive transportation planning process required by 23 USC § 134(b) and 49 USC § 5303 (c). Sub-section 1: The GIAMPO shall serve as the forum for conducting the required continuing, cooperative, and comprehensive transportation planning process within the metropolitan Grand Island planning area as required by 23 USC § 134 and 49 USC § 5303, 5304, 5306 by: (a)Fostering a mutual understanding among the parties to this GIAMPO Designation Agreement and other local officials representing residents within the metropolitan Grand Island planning area about how transportation policy decisions affect community development patterns, natural and human environment, and the physical environment within the metropolitan Grand Island planning area. (b)Fostering a mutual understanding among the parties to this GIAMPO Designation Agreement and other local officials representing residents within the metropolitan Grand Island planning area about how local land use decisions can have regional transportation impacts. (c)Recognizing that mutual adjustment of individual plans and programs by the parties to this GIAMPO Designation Agreement and plans and programs of other local government jurisdictions may be necessary to accomplish metropolitan-wide community development and transportation goals and objectives. Sub-section 2: Develop transportation plans and programs as required by 23 USC § 134 and 49 USC § 5304, and 5304 in cooperation with the NDOR, that provide for the development of transportation facilities that will function as an integrated, multimodal transportation system. Sub-Section 3: Assure eligibility for the receipt of federal surface transportation funds under Title 23 USC and Title 49 USC within the metropolitan Grand Island planning area. Section B: The GIAMPO is intended to be in the forum for cooperative decision making by officials of the governmental entities and major transportation providers which are party to the GIAMPO Designation Agreement and/or are representing residents in the metropolitan Grand Island planning area in the development of transportation-related plans and programs, including but not limited to: (i) Long Range Transportation Plan (LRTP) (ii) Transportation Improvement Program (TIP) (iii)Unified Planning Work Program (UPWP) (iv)Public Involvement Plan 4 Grand Island Council Session - 2/12/2013 Page 180 / 214 (v)Performing such other tasks presently or hereafter required by state or federal law or regulations. (vi)Performing such other tasks as approved by the Policy Board of the GIAMPO. (See Article 4). Section C: It is the intent of the parties to this GIAMPO Designation Agreement to strive for the highest standards of professional quality in developing the Long Range Transportation Plan, the Transportation Improvement Program, the Unified Planning Work Program, the Public Involvement Plan, and other metropolitan transportation planning and programming products. The Policy Board for the GIAMPO shall adopt positive criteria to evaluate both the products and processes of the GIAMPO. These criteria shall be used on an on- going basis to evaluate the effectiveness of the GIAMPO in meeting its obligations as the MPO for this region. ARTICLE 4: Policy Board for the GIAMPO Section A: A Policy Board for the GIAMPO is hereby created and established. Sub-Section 1: The voting membership of the Policy Board shall be as follows: (a)The Mayor of Grand Island. (b)Four members of the Grand Island City Council recommended by the Mayor and approved by the City Council with other annual boards and commissions appointments. (c)Two members of the Hall County Board of Supervisors who reside within the metropolitan transportation planning area, selected by the County Board of Supervisors. (d)The Chair of the Hall County Regional Planning Commission, or their designee from the Hall County Regional Planning Commission. Representative must live within the metropolitan transportation planning area. (e)The NDOR Director-State Engineer, or designee. Sub-Section 2: The Ex-Officio (non-voting) membership on the Policy Board shall be as follows: (a)The FHWA Nebraska Division Administrator or designee. (b)The FTA Region VII Administrator or designee. (c)Other members as approved by a majority vote of the Policy Board. Ex-Officio members for the Policy Board shall have the right to fully participate in the meetings of the Policy Board, except that they shall not be entitled to vote on matters before the Policy Board. 5 Grand Island Council Session - 2/12/2013 Page 181 / 214 Section B: The Policy Board shall develop and approve bylaws that will govern the operation of the Policy Board within six months of the date of this GIAMPO Designation Agreement. Such bylaws will at a minimum provide for: Sub-section 1: The Mayor of Grand Island shall serve as the Chair of the MPO Policy Board and preside over meetings of the Policy Board. . Sub-section 2: Frequency and place of regularly scheduled meetings of the Policy Board. Sub-section 3: Method of conducting meetings of the Policy Board. Sub-section 4: A process for the election of a vice-chair to serve in the absence of the Mayor Section C: The voting and Ex Officio memberships of the Policy Board and any of its sub-committees created under Article 5 below will be reviewed following each U.S. decennial census. Adjustments will be made based on the following: Sub-section 1: Expansion of the Grand Island urbanized area by the U.S. Census Bureau. Sub-section 2: Significant shift in population among the various cities and the county as documented by the U.S. Census Bureau. Sub-section 3: Land use forecasts developed by the various cities and counties within the metropolitan Grand Island planning area accepted and/or modified by the Policy Board of the GIAMPO. ARTICLE 5: Duties and Responsibilities of the GIAMPO Section A: The Policy Board shall have the authority to take action to effectuate its powers, responsibilities, and obligations enumerated herein; provided that said rules do not conflict with applicable state or federal laws and regulations. Section B: The Policy Board shall have the authority to direct staff assigned to the GIAMPO to work on specific planning and programming activities as described in the annual UPWP. Section C: The Policy Board, in cooperation with the NDOR, shall carry out the metropolitan planning process as required by 23 USC § 134, 49 USC § 5303, 5304, 5306, 23 CFR § Part 450, and 49 CFR Part 613, Subpart A. Section D: The Policy Board and the Governor shall by agreement delineate the metropolitan Grand Island planning area. The map of the metropolitan transportation planning area shall be Exhibit A attached to this GIAMPO Designation Agreement and is incorporated by reference and made a part of this GIAMPO Designation Agreement. 6 Grand Island Council Session - 2/12/2013 Page 182 / 214 Section E: The Policy Board shall assist the NDOR with adjusting the boundaries of the Grand Island urbanized area for functional classification purposes and shall assist the NDOR with functionally classifying roads with the metropolitan planning area. Section F: The Policy Board shall perform such other tasks presently or hereafter required by state or federal law. Section G: The Policy Board and the NDOR shall jointly develop and adopt criteria for annually certifying to the FHWA and FTA that the planning process is addressing the major issues facing the metropolitan Grand Island planning area and that the process is being conducted in accordance with all applicable requirements as specified in 23 USC § 134, 49 USC § 5303, 5304, 5306, 23 CFR Part 450, and 49 CFR Part 613. Section H: The Policy Board shall develop and adopt project selection criteria for including all federally funded surface transportation projects in the TIP and LRTP. The Policy Board shall develop and adopt project selection criteria for including all regionally significant projects, regardless of funding source, in the TIP and LRTP. The criteria will include both a process for soliciting projects from parties to this GIAMPO Designation Agreement and from other interested parties and criteria for evaluating the projects proposed. When one unit of government or operator of a major mode of transportation proposes a project to be included in the LRTP or TIP that will directly impact another unit of government or operator of a major mode of transportation, the criteria will require coordination at the earliest possible stage of the process before the project is included in either the LRTP or TIP. Section I: The Policy Board shall conduct the required continuing, cooperative, and comprehensive, transportation planning process as required by 23 USC § 134, 49 USC § 5303 and 5304. ARTICLE 6: Sub-committees for the GIAMPO Section A: A Technical Advisory Committee, hereinafter referred to as “TAC,” is hereby created. Sub-section 1: The voting membership of the TAC shall be as follows: (a)Grand Island Public Works Director. (b)Grand Island City Administrator. (c)Grand Island Manager of Engineering Services. (d)Hall County Regional Planning Director. (e)Hall County Public Works Director. (f)Two representatives from NDOR; one designated by the Planning and Development Engineer and the District Four Engineer 7 Grand Island Council Session - 2/12/2013 Page 183 / 214 (g)Merrick County Public Works Director or Highway Superintendent (h)One representative from the Village of Alda. (i)Other individuals designated by the Policy Board. Sub-section 2: The Ex-Officio (non-voting) membership of the TAC shall be as follows: (a)One representative from the FHWA as designated by the Nebraska Division Transportation Planner. (b)One representative from the FTA as designated by the Region VII Transportation Planner. (c)NDOR Local Projects Division Urban Engineer. (d)Grand Island Finance Director. (e)One representative from the Union Pacific Railroad and one representative from the Burlington Northern Santa Fe Railroad may be appointed to the committee by their respective companies, other rail system operators may be added by the policy board as needed. (f)One representative from the Grand Island Area Chamber of Commerce. (g)One representative from the Grand Island Area Economic Development Corporation. (h)The Board of the Central Nebraska Regional Airport may appoint one representative. (i)Other individuals selected by the voting membership of the TAC and approved by the Policy Board. Ex Officio members of the TAC shall have the right to fully participate in the meetings of the TAC, except that they shall not be entitled to vote on matters before the TAC. Sub-section 3: The TAC shall develop and approve bylaws that will govern the operation of the TAC within six months of the date of this GIAMPO Designation Agreement which shall be approved by the Policy Board. Such bylaws will at a minimum provide for: (a)A process for the election of a chair and vice-chair to preside over the meetings of the TAC. (b)Place of regularly scheduled meetings of the TAC. (c)Method of conducting meetings of the TAC. (d)The Hall County Regional Planning Director shall serve as the first chair of the TAC. Subsequent chairs of the TAC shall be selected in accordance with the process established in the bylaws of the TAC. Sub-section 4: The responsibilities of the TAC shall be to advise the Policy Board on matters pertaining to the GIAMPO. The members of the TAC shall also be required to assist the GIAMPO with collecting information, 8 Grand Island Council Session - 2/12/2013 Page 184 / 214 performing technical reviews, formulating recommendations, setting priorities, and other matters as directed by the Policy Board. Section B: The Policy Board may create additional sub-committees to advise it as part of the metropolitan transportation planning process. ARTICLE 7: Staff Support Services for the GIAMPO Section A: The City of Grand Island shall provide staff support services to the GIAMPO. Hiring and personnel management shall be consistent with the City of Grand Island Personnel policies. Section B: The City Department Director along with the Human Resources Department shall establish criteria to evaluate the performance of staff support services. Staff shall be reviewed by the Department Director or their assigned management personnel on an annual basis. Section C: The Policy Board and the NDOR both reserve the right to review the work performed by the staff of GIAMPO. Should either the Policy Board or the NDOR believe that the staff support services are inadequate, they shall in writing notify the Department Director of the GIAMPO the deficiency and provide a reasonable opportunity to cure. Section D: GIAMPO staff shall serve as Secretary to the Policy Board and the sub- committees of the GIAMPO. This shall include preparing meeting agenda, keeping meeting minutes, and other work as specified in the position description for employees or contract for contracted staff services. Section E: The specific staff support services to be performed will be described in the annual UPWP. ARTICLE 8: Unified Planning Work Program (UPWP) Section A: The UPWP shall: Describe in detail the responsibilities for each of the cooperative partners (i.e., GIAMPO and NDOR) in the metropolitan transportation planning process. Discuss in detail the transportation planning priorities for the upcoming year. Establish major milestones for years two through five to ensure that the long range transportation plan (LRTP) and transportation improvement program (TIP) will be updated in time. Describe in detail the work plan for the staff of the GIAMPO. Be developed cooperatively by the Policy Board and the NDOR. Contain the annual budget, including funding sources for the GIAMPO. 9 Grand Island Council Session - 2/12/2013 Page 185 / 214 Be in a format specified by the NDOR. ARTICLE 9: Miscellaneous Provisions Section A: This GIAMPO Designation Agreement may be amended from time to time by agreement of the parties required to sign this GIAMPO Designation Agreement as specified in Article 1, Section A above. Section B: The Policy Board and the NDOR shall review this GIAMPO Designation Agreement following each subsequent federal surface transportation act, which was most recently titled the Moving Ahead for Progress in the 21st Century (MAP-21) which sunset on September 30, 2014. Any necessary changes to this GIAMPO Designation Agreement will be made following this review. Section C: After this GIAMPO Designation Agreement goes into effect and by majority vote of the Policy Board of the GIAMPO, additional cities, counties, or operators of major modes of transportation may sign this GIAMPO Designation Agreement. The addition of cities and counties which will modify the GIAMPO metropolitan planning area will occur only by agreement of the Governor and with notice from the NDOR to both the FHWA and FTA. Section D: This GIAMPO Designation Agreement may be terminated by any one of the parties identified in Article 1 Section A above for material breach of the terms of this agreement. The party initiating the termination of the agreement shall provide a written 90-day notice to the other parties of this agreement. Following the notice, another 90-day period will be given to repair the breach after which said period the agreement may be terminated. Section E: For failure of the GIAMPO to comply with the requirements of 23 USC § 134, 49 USC § 5303 and 5304, 49 CFR Part 18, or the terms of this GIAMPO Designation Agreement as determined by the NDOR, the Governor reserves the right to: Withhold or reduce funding allocated to the GIAMPO in accordance with the formula developed by the NDOR and approved by FHWA and FTA. Withhold or reduce funds obligated in the UPWP for failure to adequately perform activities specified in the annual UPWP. Withhold the annual state certification of the GIAMPO planning process. Withhold or reduce funds for any material breach of the terms of the GIAMPO Designation Agreement. Section F: Invalidation of any one of the provisions of this GIAMPO Designation Agreement by a court of competent jurisdiction, shall not affect any other provisions, all of which shall remain in full force and effect. 10 Grand Island Council Session - 2/12/2013 Page 186 / 214 Section G: It is further understood that this GIAMPO Designation Agreement and all contracts entered into under the provisions of this GIAMPO Designation Agreement shall be binding upon the NDOR, GIAMPO, and their successors in office. Section H: It is expressly agreed that no third party beneficiaries are intended to be created by this GIAMPO Designation Agreement, nor do the parties herein authorize anyone not a party to this GIAMPO Designation Agreement to maintain a suit for damages pursuant to the terms or provisions of this GIAMPO Designation Agreement. IN WITNESS WHEREOF, the parties hereto have caused this GIAMPO Designation Agreement to be executed as of the date first above written. Attest:State of Nebraska ____________________________ _____________________________ Dave Heineman Governor Attest:City of Grand Island, Nebraska ____________________________ _____________________________ RaNae Edwards, Grand Island City Clerk Jay Vavricek, Mayor 11 Grand Island Council Session - 2/12/2013 Page 187 / 214 S ta te S t110th RdAbbot Rd In te rs ta te 8 0 Alda RdLocust StHusker HwySchauppsville RdGuenther Rd Wood River Rd Old Potash Hwy 90th RdBlaineChapman Rd Schimmer Dr Lowry RdHolling Rd Schultz Rd Nebraska Highway 2 13th St North RdBurwick RdOne-R Rd 13th Rd 70th RdWhite Cloud Rd St Paul RdWildwood Dr Monitor RdU S H ighw a y 3 0 US Highway 34 8 th S t60th Rd80th RdNorth Rd SCapital Ave Engleman RdBlaine StQuandt RdFoster Rd Eddy A nna S tShady Bend RdStolley Park Rd Faidley Bismark Rd Stolley Park Rd W Webb RdCuster AveEddy St Stuhr RdW e llfie ld R d Bismark Sky Park RdO ld H ighw ay 30Elm Island R dBroadwell AveAirport Rd Gunbarrel Rd!7th S tNine Bridge RdArthurUS Highway 281 S e e d lin g M ile R d Vine StC am p Au g ust in e RdSheridan80th RdStuhr Rd70th Rd80th RdChapman Rd Burwick RdGunbarrel Rd60th Rd60th RdU S H ig h w a y 3 0 90th RdMonitor RdI n t e rs t a t e 8 0 Schimmer Dr U S H ighw a y 30Sky Park RdU S H ighw a y 3013th Rd U S H ighw ay 30Husker Hwy Abbot Rd Capital Ave Burwick RdEngleman RdOne-R Rd Stolley Park Rd 80th RdS t a t e S t Shady Bend RdHusker Hwy Wildwood Dr US Highway 281US Highway 281Stuhr RdCapital Ave Webb RdGunbarrel RdU S H ighw ay 30State St Schimmer Dr Airport Rd Gunbarrel RdAirport Rd Guenther Rd Airport Rd White Cloud Rd Schultz Rd Abbot Rd North RdNebraska Highway 2 Husker Hwy Stolley Park Rd U S H ig h w a y 3 0 Stuhr RdNorth RdWhite Cloud Rd U S H igh w ay 3 0 Webb RdSchultz Rd60th RdBurwick RdWildwood Dr Shady Bend RdGuenther Rd Stolley Park Rd Airport Rd Exhibit AGrand Island Area MPO Boundary Street Growth Boundary for MPO Grand Island Urbanized Area City Limits Grand Island Zoning Jurisdiction Alda Zoning Jurisdiction ¯ TextTextAuthor: Text CN 1-24-13 Grand Island Council Session - 2/12/2013 Page 188 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-44 A RESOLUTION TO APPROVE AN AGREEMENT WITH THE STATE OF NEBRASKA TO CREATE THE GRAND ISLAND AREA METROPOLITAN PLANNING ORGANIZATION AND AUTHORIZE THE MAYOR TO SIGN SAID AGREEMENT ON BEHALF OF THE CITY OF GRAND ISLAND. WHEREAS, the City of Grand Island was declared an urbanized area on March 27, 2012; and WHEREAS, 23 USC § 134(b) and 49 USC § 5303 (c) require the Governor of the State of Nebraska, and unit(s) of general purpose local government representing at least seventy- five percent (75%) of a metropolitan area’s population to designate or redesignate a metropolitan planning organization for each urbanized area with a population exceeding 50,000 and the Grand Island urbanized area does exceed the population threshold; and WHEREAS, the Grand Island City Council has reviewed and is approving the initial planning area boundaries as shown on Exhibit A of the attached Agreement, and WHEREAS, the Grand Island City Council has agreed to the initial make up of both the MPO Policy Board and the Technical Advisory Committee as detailed in the attached Agreeemtent, and WHEREAS, the creation of a Metropolitan Planning Organization is in the best interests of the Citizens of Grand Island, and all of the residents of the United States Census Defined Urbanized Area of Grand Island, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, THAT THE ATTACHED AGREEMENT WITH THE STATE OF NEBRASKA TO CREATE THE GRAND ISLAND AREA METROPOLITAN PLANNING ORGANIZATION IS HEREBY APPROVED AND THAT THE MAYOR IS AUTHORIZED TO SIGN THE AGREEMENT ON BEHALF OF THE CITY OF GRAND ISLAND - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 189 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item I8 #2013-45 - Consideration of Pre-84 Retiree Pension Payment for Pete Kortum Staff Contact: Jaye Monter Grand Island Council Session - 2/12/2013 Page 190 / 214 Council Agenda Memo From:Jaye Monter, Finance Director Robert Sivick, City Attorney Meeting:February 12, 2013 Subject:Approving Calculation of Lump Sum Payment to Pre-84 Police Retiree Pete Kortum Item #’s:I-8 Presenter(s):Jaye Monter, Finance Director Robert Sivick, City Attorney Background At a Special Meeting of the City Council on February 5, 2013, City Council passed Resolution 2013-26(B) which stated the Police Pension Committee and staff are to calculate all pending and future police retirement benefits using bids based on the actual sex of the retiree unless directed otherwise by an official action of the Grand Island City Council and; That the Police Pension Committee and City staff are to obtain quotes for annuity quotes for retiree, Captain Peter Kortum on Thursday, February 7, 2013 with a start date of at least thirty days from the date of the quote. On February 8, 2013, the Police Pension Committee, Mr. Janulewicz and representatives of the City met to review the quotes submitted and calculate the lump sum payment to pre-84 retiree Pete Kortum. Discussion Below is a summary of the quotes reviewed by the Police Pension Committee and the two quotes submitted on behalf of the City and the Retiree. Grand Island Council Session - 2/12/2013 Page 191 / 214 Police Pension Committee Meeting February 8, 2013 Summary of quotes received Retirement Committee Nationwide Life 663,388.66$ Retiree Protective Life 775,712.69$ Pension Committee quotes City North American 639,323.83$ Total 2,078,425.18$ #1 North American 639,482.88 Average 692,808.39$ #2 Nationwide Life 663,388.66 Retiree's account balance (at 2/8/2013)520,545.35$ #3 Principal 702,502.87 Balance payable by City to retiree 172,263.04$ Approving Payment of Claim for February 12, 2013 to Wells Fargo Retirment Account-Pete Kortum The claim of $172,263.04 consists of two parts: 1) Authorizing the transfer of $120,000.00 from the Wells Fargo unallocated account balance to the Wells Fargo Retirement Account-Pete Kortum. 2) Transmitting a wire on February 13, 2013 to Wells Fargo Retirement Account-Pete Kortum for $52.263.04 Approving Payment of Claim for Pete Korum on Council MeetingFebruary 12, 2013 The average of the three annuity contracts would result in the City of Grand Island making an additional payment to Mr. Kortum of $172,263.04. The City would transfer $120,000.00 from the unallocated forfeiture account of the retirement plan to Mr. Kortum’s Wells Fargo Retirement Account balance and issue a claim in the amount of $52,263.04 from the Police Reserve 805 Fund that would be wired into Mr. Kortum’s Wells Fargo Retirement Account. A transfer of $53,000.00 would be made from the General Fund to the Police Reserve 805 Fund for the disbursement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Resolution 2013-45 accepting the annuity quotes used in the calculation of Pete Kortum’s retirement lump sum payment as presented by the Police Pension Committee and forwarded to Council on February 12, 2013. 2.Deny Resolution 2013-45. 3.Take no action. Grand Island Council Session - 2/12/2013 Page 192 / 214 Recommendation City Administration recommends Council approve Resolution 2013-45 for the lump sum payment to pre-84 retiree Pete Kortum. Sample Motion Approve Resolution 2013-45. Grand Island Council Session - 2/12/2013 Page 193 / 214 Grand Island Council Session - 2/12/2013 Page 194 / 214 Grand IslandCouncil Session - 2/12/2013Page 195 / 214 Grand IslandCouncil Session - 2/12/2013Page 196 / 214 Grand IslandCouncil Session - 2/12/2013Page 197 / 214 Grand IslandCouncil Session - 2/12/2013Page 198 / 214 Grand IslandCouncil Session - 2/12/2013Page 199 / 214 Grand IslandCouncil Session - 2/12/2013Page 200 / 214 Grand IslandCouncil Session - 2/12/2013Page 201 / 214 Grand Island Council Session - 2/12/2013 Page 202 / 214 Grand Island Council Session - 2/12/2013 Page 203 / 214 Grand Island Council Session - 2/12/2013 Page 204 / 214 Grand Island Council Session - 2/12/2013 Page 205 / 214 Grand Island Council Session - 2/12/2013 Page 206 / 214 Grand Island Council Session - 2/12/2013 Page 207 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-45 WHEREAS, Article 10 of Chapter 16 of the Nebraska Revised Statutes sets forth the laws governing the pensions of police officers of First Class Cities; and WHEREAS, the Police Pension Committee met on Friday, February 8, 2013 to review annuity quotes submitted by the Police Pension Committee, the City and Mr. Janulewicz on behalf of pre-84 retiree Pete Kortum; and WHEREAS, said recommendation is for the Grand Island City Council to accept the amount of Six Hundred, Ninety-Two Thousand, Eight Hundred, Eight Dollars and Thirty- Nine Cents ($692,808.39) as the average of three (3) quotes obtained for annuities for Captain Kortum; and WHEREAS, the financial obligation of the City of Grand Island in meeting the above stated recommendation is One Hundred, Seventy-Two Thousand, Two Hundred, Sixty- Three Dollars and Four Cents ($172,263.04), NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the City Council accepts and adopts the recommendation of the Police Pension Committee and directs the City disburse the amount stated above as its financial obligation to meet that recommendation. Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 208 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item I9 #2013-46 - Consideration of Authority of the Police Pension Committee Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 2/12/2013 Page 209 / 214 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:February 12, 2013 Subject:Authority of the Police Pension Committee Item #’s:I-9 Presenter(s): Robert J. Sivick, City Attorney Background In 1983 the Nebraska Legislature passed LB237 which contained the Police Officers Retirement Act (Act), codified in Article 10(a) of Chapter 16, §§16-1001 - 1019 of the Nebraska Revised Statutes. The Act and the resulting statutes addressed issues regarding pensions for police officers employed by First Class Cities. Nebraska Revised Statutes §16-1014 states in part, A retirement committee shall be established to supervise the general operation of the retirement system established pursuant to the Police Officers Retirement Act. The governing body of the city shall continue to be responsible for the general administration of such retirement system unless specific functions or all functions with regard to the administration of the retirement system are delegated, by ordinance, to the retirement committee. Whenever duties or powers are vested in the city or the retirement committee under such sections or whenever such sections fail to specifically allocate the duties or powers of administration of the retirement system, such powers or duties shall be vested in the city unless such powers or duties have been delegated by ordinance to the retirement committee. A search of City records indicates the Grand Island City Council (Council) as the governing body of the City of Grand Island (City) never delegated any authority pursuant to §16-1014 to the Police Pension Committee. On January 17, 2013 and February 5, 2013 the Council approved Resolutions 2013-17(A) and 2013-26(B) respectively. Those ordinances set forth directives from the Council that police pension benefits be determined using a straight life annuity calculated on a basis specific to the gender and age of the retiree. During meetings of the Police Pension Committee (Committee) held on January 24 and February 8, 2013, certain members of the Committee expressed the belief they were not Grand Island Council Session - 2/12/2013 Page 210 / 214 bound by the directives contained in Resolutions 2013-17(A) and 2013-26(B). In addition, at the meeting held on February 8, 2013 the Committee approved a Motion to retain alternative legal counsel. Discussion The Police Pension Committee’s authority is limited to ministerial duties set forth in Neb. Rev. Stat. §16-1017. Any additional authority must be delegated by the Council. Most importantly, the Committee is subordinate to the authority of the Council as the governing body of the City. Statements and actions made at recent meetings of the Committee necessitate the Council specifically setting forth the authority of the Police Pension Committee. Resolution 2013-46 affords the Council the opportunity to do so. Alternatives It appears 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 The City Administration recommends the approval of Resolution 2013-46. Sample Motion Move to approve Resolution 2013-46. Grand Island Council Session - 2/12/2013 Page 211 / 214 Approved as to Form ¤ ___________ February 8, 2013 ¤ City Attorney R E S O L U T I O N 2013-46 WHEREAS, Article 10 of Chapter 16 of the Nebraska Revised Statutes sets forth the laws governing the pensions of police officers of First Class Cities; and WHEREAS, Section 16-1014 of the Nebraska Revised Statutes states in part, A retirement committee shall be established to supervise the general operation of the retirement system established pursuant to sections 16-1001 to 16-1019. The governing body of the city shall continue to be responsible for the general administration of such retirement system unless specific functions with regard to the administration of the retirement system are delegated, by ordinance, to the retirement committee. Whenever duties or powers are vested in the city or the retirement committee under such sections or whenever such sections fail to specifically allocate the duties or powers of administration of the retirement system, such powers or duties shall be vested in the city unless such powers or duties have been delegated by ordinance to the retirement committee.; and WHEREAS, Section 16-1017 of the Nebraska Revised Statutes sets forth specific ministerial duties of the Grand Island Police Pension Committee confined to providing information and reports to participants in the Grand Island Police Retirement System and certain governmental officials of the State of Nebraska; and WHEREAS, the Grand Island City Council as the governing body of the City of Grand Island has never delegated any authority to the Police Pension Committee beyond that set forth in Section 16-1017 of the Nebraska Revised Statutes; and WHEREAS, the authority of the Police Pension Committee is subordinate to the authority of the City Council; and WHEREAS, the members of the Police Pension Committee are obligated by law and specifically Section 16-1014 of the Nebraska Revised Statutes to implement, adhere to, and obey the policies and directives of the City Council in the administration of the City’s Police Retirement System; and WHEREAS, on January 17, 2013 the City Council approved Resolution 2013- 17(A) setting forth the directive to the Police Pension Committee that police pension benefits be calculated on a straight life annuity basis; and WHEREAS, on February 5, 2013 the City Council approved Resolution 2013- 26(B) setting forth the directive to the Police Pension Committee that police pension benefits be determined using a straight life annuity calculated on a basis specific to the gender and age of the retiree; and WHEREAS, during meetings of the Police Pension Committee held on January 24, 2013 and February 8, 2013 certain members of that Committee expressed their belief the Committee was not bound by the directives of the City Council as set forth in Resolutions 2013- 17(A) and 2013-26(B); and WHEREAS, during the meeting of the Police Pension Committee held on Grand Island Council Session - 2/12/2013 Page 212 / 214 - 2 - February 8, 2013 the Committee approved the retention of outside legal counsel; and WHEREAS, the Grand Island City Attorney has been appointed by the Mayor and approved by the City Council pursuant to Section 16-308 of the Nebraska Revised Statutes and Section 2-30 of the Grand Island City Code; and WHEREAS, the City Attorney serves as the legal counsel for the City and all City officers pursuant to Section 16-319 of the Nebraska Revised Statutes and Section 2-40 of the Grand Island City Code; and WHEREAS, pursuant to Section 2-40 of the Grand Island City Code, the City Attorney is authorized to retain outside counsel in the event he lacks expertise or has a conflict of interest in a matter; and WHEREAS, the City Attorney has not expressed a belief he lacks expertise or has a conflict of interest which would impair his ability to serve as legal counsel for the Police Pension Committee, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the Grand Island City Attorney has, does, and shall continue to serve as legal counsel for the Police Pension Committee. That the Police Pension Committee is not authorized to retain legal counsel or other professional experts, enter into contracts, expend funds, or assume authority not specifically stated in Section 16-1017 of the Nebraska Revised Statutes nor specifically delegated to it by an Ordinance approved by the City Council pursuant to Section 16-1014 of the Nebraska Revised Statutes. That any contracts entered into by the Police Pension Committee either by individual members or the Committee as a whole, without the prior approval of the City Council, are null and void and will not be recognized or honored by the City of Grand Island. . Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/12/2013 Page 213 / 214 City of Grand Island Tuesday, February 12, 2013 Council Session Item J1 Approving Payment of Claims for the Period of January 23, 2013 through February 5, 2013 The Claims for the period of January 23, 2013 through February 12, 2013 for a total amount of $2,355,297.00. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 2/12/2013 Page 214 / 214