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02-26-2013 City Council Regular Meeting Packet City of Grand Island Tuesday, February 26, 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 - 2/26/2013 Page 1 / 97 City of Grand Island Tuesday, February 26, 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 - Dan Naranjo 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 - 2/26/2013 Page 2 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item C1 Presentation of the “Mayor’s Builder Award” to Fonner Park Since so many great efforts occur in our community and many unnoticed, it's important to recognize efforts that build a stronger Grand Island. As Mayor, the City will recognize those efforts with a "Mayor's Builder Award" Recognition and appearance before council and the people of Grand Island. The Builders' Award will go to Fonner Park in observance of the 60th year of thoroughbred racing starting Friday, February 22, 2013. We celebrate the success of Fonner Park through the many activities they support. Their long standing partnership with the people of Grand Island that today includes the Heartland Events Center, the Nebraska State Fair and many other venues. Fonner Park will be recognized as a Builder of a Better Grand Island. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/26/2013 Page 3 / 97 Grand Island Council Session - 2/26/2013 Page 4 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item C2 Recognition of the Grand Island Senior High Wrestling Team for Class “A” State Wrestling Championship The Mayor and City Council will recognize the Grand Island Senior High School Wresling Team and their Coach Mike Schadwinkel for the Class "A" State Wrestling Championship held on February 16, 2013 in Omaha. Congratulations GISH Wrestling Team for a job well done. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/26/2013 Page 5 / 97 Grand Island Council Session - 2/26/2013 Page 6 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item F1 Consideration of Creation of Storm Sewer Improvement District No. 2013-1; Summerfield Subdivision Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/26/2013 Page 7 / 97 Council Agenda Memo From:Keith Kurz, Public Works Engineer Meeting:February 26, 2013 Subject:Consideration of Creation of Storm Sewer Improvement District No. 2013-1; Summerfield Subdivisions Item #’s:F-1 Presenter(s):Terry Brown, Interim Public Works Director Background Council action is needed to create a Storm Sewer Improvement District. If the District is created, a notice will be mailed to all affected property owners and a 30-day protest period will begin. If the district passes the protest the Council has the decision to continue the district. The City will then bid, construct, and levy special assessments for the work. This process is being executed pursuant to Section 16-667 of the Nebraska Revised Statutes. Public Works staff, assisted by the Developer’s engineer (Olsson Associates) will present background information on the existing and proposed drainage systems that serve the subdivision. Discussion The District will be made up of the Summerfield Subdivisions; bounded by State Street, 13th Street, and North Road. The project would consist of putting a ½ pipe over the current concrete ditch liner. This pipe will allow for a covered drain system. This project is currently estimated at $110,000.00. Property owners in this area have signed the district creation petition form. The developer will be assessed for all unsold and undeveloped area. The City will be assessed for contribution of runoff associated with all Right-of-Way within the subdivision. The assessment will be based on contributing area and amount of drainage runoff calculated by grassed area and hard surface on each lot. Grand Island Council Session - 2/26/2013 Page 8 / 97 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 creation of Storm Sewer Improvement District No. 2013-1; Summerfield Subdivisions. Sample Motion Move to approve creation of Storm Sewer Improvement District No. 2013-1. Grand Island Council Session - 2/26/2013 Page 9 / 97 Grand Island Council Session - 2/26/2013 Page 10 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney ORDINANCE NO.9421 An ordinance to create Storm Sewer Improvement District No. 2013-1; to define the boundaries of the district; to provide for the improvement of storm sewer within the district by storm drainage 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. Storm Sewer Improvement District No. 2013-1 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 1 City of Grand Island Right-of-Way 400149958 Little B's Corporation Miscellaneous Tracts 12-11-10 PT W 1/2 SWS 1/4 19.45 acres 400439182 Little B's Corporation Lot 5, Block 3, Summerfield Estates Seventh Subdivision 400439093 Gregory & Patricia Lemburg Lot 4, Block 3, Summerfield Estates Seventh Subdivision • THIS SPACE RESERVED FOR REGISTER OF DEEDS • Grand Island Council Session - 2/26/2013 Page 11 / 97 ORDINANCE NO. 9245 (Cont.) - 2 - 400439018 Little B's Corporation Lot 3, Block 3, Summerfield Estates Seventh Subdivision 400438917 Nick W & Melanie L Mustion Lot 2, Block 3, Summerfield Estates Seventh Subdivision 400438836 Little B's Corporation Lot 1, Block 3, Summerfield Estates Seventh Subdivision 400438739 Ronald J & Marcia R Grabowski Lot 5, Block 2, Summerfield Estates Seventh Subdivision 400438402 Robert H & Stephanie K Wald Lot 4, Block 2, Summerfield Estates Seventh Subdivision 400438399 David M & Gwendolyn J Willis Lot 3, Block 2, Summerfield Estates Seventh Subdivision 400438380 Cory & Vanessa Schutte Lot 2, Block 2, Summerfield Estates Seventh Subdivision 400438372 Little B's Corporation Lot 1, Block 2, Summerfield Estates Seventh Subdivision 400378884 Hugh M & Patricia R Miner, Jr.Lot 8, Block 4, Summerfield Estates First Subdivision 400378876 H Alan & Cindy S Sheffield Lot 7, Block 4, Summerfield Estates First Subdivision 400378868 Jeffrey Charles Hastings Lot 6, Block 4, Summerfield Estates First Subdivision 400378833 Little B's Corporation Lot 5, Block 4, Summerfield Estates First Subdivision 400378825 Kenneth C & Kathryn L Thompson Lot 4, Block 4, Summerfield Estates First Subdivision 400378817 Debra C Uden Lot 3, Block 4, Summerfield Estates First Subdivision 400378809 Patrick D & Geralyn C Powers Lot 2, Block 4, Summerfield Estates First Subdivison 400378795 Randy L Gard Lot 1, Block 4, Summerfield Estates First Subdivision 400378892 Little B's Corporation All of Tract A, Summerfield Estates First Subdivision 400378728 Brandon M & Christy S Traudt Lot 8, Block 2, Summerfield Estates First Subdivision 400378701 Richard F & Marilyn S Fox Lot 7, Block 2, Summerfield Estates First Subdivision 400378698 Scott A & Jennifer M Axt Lot 6, Block 2, Summerfield Estates First Subdivision 400378671 Brian & Lori Fausch Lot 2, Summerfield Estates Second Subdivision 400378655 Little B's Corporation Lot 1, Summerfield Estates Second Subdivision 400378647 Arlene Knopik Trustee Lot 2, Block 2, Summerfield Estates First Subdivision 400378639 Little B's Corporation Lot 1, Block 1, Summerfield Estates Fourth Subdivision 400421011 Tonya Antaki Lot 2, Block 1, Summerfield Estates Fourth Subdivision 400421038 Efrain Ayala Lot 3, Block 1, Summerfield Estates Fourth Subdivision 400421046 Elizabeth Rae Cornwell Lot 4, Block 1, Summerfield Estates Fourth Subdivision 400421054 Ralae & Jared Noorlander Lot 5, Block 1, Summerfield Estates Fourth Subdivision 400421062 Little B's Corporation Lot 6, Block 1, Summerfield Estates Fourth Subdivision 400421070 Little B's Corporation Lot 1, Block 2, Summerfield Estates Fourth Subdivision 400421089 Oseka Homes, LLC Lot 2, Block 2, Summerfield Estates Fourth Subdivision 400421097 James P Anderson Lot 3, Block 2, Summerfield Estates Fourth Subdivision 400421100 Rodney P & Gayle M Meyer Lot 4, Block 2, Summerfield Estates Fourth Subdivision 400421119 Lance B & Brandy L Nelson Lot 5, Block 2, Summerfield Estates Fourth Subdivision 400421313 Justin P & Anna L Oseka Lot 19, Block 3, Summerfield Estates Fourth Subdivision 400421305 Stephen A & Catherine S Fosselman Lot 18, Block 3, Summerfield Estates Fourth Subdivision 400421291 Jim Anderson Construction, Inc.Lot 17, Block 3, Summerfield Estates Fourth Subdivision 400421283 Dustin & Jodi C Suminski Lot 16, Block 3, Summerfield Estates Fourth Subdivision 400421275 Burhl & Mabel L Gilpin Lot 15, Block 3, Summerfield Estates Fourth Subdivision 400421267 Maurice L Grudzinski & Deborah R Wilson Lot 14, Block 3, Summerfield Estates Fourth Subdivision Grand Island Council Session - 2/26/2013 Page 12 / 97 ORDINANCE NO. 9245 (Cont.) - 3 - 400421259 James K & Beth A Bartlett Lot 13, Block 3, Summerfield Estates Fourth Subdivision 400421240 Douglas C & Debra L Wolf Lot 12, Block 3, Summerfield Estates Fourth Subdivision 400421232 James R & Michelle C Brisnehan Lot 11, Block 3, Summerfield Estates Fourth Subdivision 400421224 Douglas Lee & Kimberly Lofing Kosmicki Lot 10, Block 3, Summerfield Estates Fourth Subdivision 400421216 Brad A & Ann M Glaser Ogden Lot 9, Block 3, Summerfield Estates Fourth Subdivision 400421208 Thomas E & Tami S Towne Lot 8, Block 3, Summerfield Estates Fourth Subdivision 400421194 Jack W & Leigh E Lillibridge, Jr.Lot 7, Block 3, Summerfield Estates Fourth Subdivision 400421186 Bradley D & Bonnie J Bauer Lot 6, Block 3, Summerfield Estates Fourth Subdivision 400421178 Robert W & Donna R Winter Trustees Lot 5, Block 3, Summerfield Estates Fourth Subdivision 400421151 Dale A & Margaret A Harders Lot 4, Block 3, Summerfield Estates Fourth Subdivision 400421143 Roger A & Paula S Riesberg Lot 3, Block 3, Summerfield Estates Fourth Subdivision 400421135 James E & Carrie L Kolar Lot 2, Block 3, Summerfield Estates Fourth Subdivision 400421127 James B Hoag Lot 1, Block 3, Summerfield Estates Fourth Subdivision 400378590 James K & Allison R Jonak Lot 1, Block 1, Summerfield Estates First Subdivision 400378604 Richard M & Candace A Stewart Lot 2, Block 1, Summerfield Estates First Subdivision 400378612 Bill & Mary Jo A Mowinkel Lot 3, Block 1, Summerfield Estates First Subdivision 400378620 Gregory S & Sally L Anderson Lot 4, Block 1, Summerfield Estates First Subdivision 400378736 Benjamin & Patricia Stump Lot 1, Block 3, Summerfield Estates First Subdivision 400378744 Stephen P & Leanne G Morris Lot 2, Block 3, Summerfield Estates First Subdivision 400378752 Harold D & Ruth M Lautenschlager Lot 3, Block 3, Summerfield Estates First Subdivision 400378760 Corby J & Marilyn K Flagle Lot 4, Block 3, Summerfield Estates First Subdivision 400378779 Robert A & Karen A Bortz Lot 5, Block 3, Summerfield Estates First Subdivision 400378787 Kent L & Patricia J Brown Lot 6, Block 3, Summerfield Estates First Subdivision 400434083 Little B's Corporation Lot 8, Block 2, Summerfield Estates Fifth Subdivision 400434075 Little B's Corporation Lot 7, Block 2, Summerfield Estates Fifth Subdivision 400434067 Little B's Corporation Lot 6, Block 2, Summerfield Estates Fifth Subdivision 400434059 Little B's Corporation Lot 5, Block 2, Summerfield Estates Fifth Subdivision 400434040 Little B's Corporation Lot 4, Summerfield Estates Sixth Subdivision 400434032 David J & Sharon K Jelinek Lot 3, Summerfield Estates Sixth Subdivision 400434024 Little B's Corporation Lot 2, Summerfield Estates Sixth Subdivision 400434016 Little B's Corporation Lot 1, Summerfield Estates Sixth Subdivision 400417359 Sriram Gurumuthy & Subha Lakshminarayanan Lot 1, Summerfield Estates Third Subdivision 400417367 Neil N Ruebsamen Trustee-Ruebsamen Loving Trust Lot 2, Summerfield Estates Third Subdivision 400417375 Ormah L Schuppan Lot 3, Summerfield Estates Third Subdivision 400417383 Jason T Roe Lot 4, Summerfield Estates Third Subdivision 400417391 Melhem Jabbour & Christina Issa Lot 5, Summerfield Estates Third Subdivision 400417405 Douglas C & Debra S Cone Lot 6, Summerfield Estates Third Subdivision 400417413 Donald Ray & Jeri Lou Erickson Lot 7, Summerfield Estates Third Subdivision 400417421 Michael S & Constance L Hein Lot 8, Summerfield Estates Third Subdivision 400417448 Kenneth & Mary Brand Lot 9, Summerfield Estates Third Subdivision Grand Island Council Session - 2/26/2013 Page 13 / 97 ORDINANCE NO. 9245 (Cont.) - 4 - 400417456 Robert A & Nancy C Arends Trustees Lot 10, Summerfield Estates Third Subdivision 400417464 Patrick J & Denise D Daley Lot 11, Summerfield Estates Third Subdivision 400417472 Neal F & Julie A Niedfelt Lot 12, Summerfield Estates Third Subdivision 400417480 Dana A & Dorothy M Ferguson Lot 13, Summerfield Estates Third Subdivision 400417499 Jose A & Barbara J Zapata Lot 14, Summerfield Estates Third Subdivision 400417502 Min Hua Peng & Jia Chi Yu Lot 15, Summerfield Estates Third Subdivision 400417510 Anthony M & Meghan M May Lot 16, Summerfield Estates Third Subdivision 400438097 Little B's Corporation Lot 1, Block 1, Summerfield Estates Seventh Subdivision 400438100 Kevin S & Linda L Green Lot 2, Block 1, Summerfield Estates Seventh Subdivision 400438119 Joseph D & Beatriz E Crumrine Lot 3, Block 1, Summerfield Estates Seventh Subdivision 400438127 Matthew C & Amy E Oliver Lot 4, Block 1, Summerfield Estates Seventh Subdivision 400438135 Basil N & Harriet L Hoglund Lot 5, Block 1, Summerfield Estates Seventh Subdivision 400438143 Daniel J & Beth A Deida Lot 6, Block 1, Summerfield Estates Seventh Subdivision 400438151 Timothy & Jami Coppage, Jr.Lot 7, Block 1, Summerfield Estates Seventh Subdivision 400438178 Brian J & Kristin N Caspar Lot 8, Block 1, Summerfield Estates Seventh Subdivision 400438186 Joseph P & Stefani J Brown Lot 9, Block 1, Summerfield Estates Seventh Subdivision 400438194 John & Kathryn Kenna Lot 10, Block 1, Summerfield Estates Seventh Subdivision 400438208 Matthew S & Katherine M Green Lot 11, Block 1, Summerfield Estates Seventh Subdivision 400438216 Ryan & Karen Rathke Lot 12, Block 1, Summerfield Estates Seventh Subdivision 400438224 Bill J & Jane M Brown Lot 13, Block 1, Summerfield Estates Seventh Subdivision 400438232 Richard L & Brenda K Nelson Lot 14, Block 1, Summerfield Estates Seventh Subdivision 400438240 Mark & Michelle Hoos Lot 15, Block 1, Summerfield Estates Seventh Subdivision 400438259 Amy L Meier Lot 16, Block 1, Summerfield Estates Seventh Subdivision 400438267 Todd C & Rhonda M Jacobson Lot 17, Block 1, Summerfield Estates Seventh Subdivision 400438275 Little B's Corporation Lot 18, Block 1, Summerfield Estates Seventh Subdivision 400438283 Little B's Corporation Lot 19, Block 1, Summerfield Estates Seventh Subdivision 400438291 Jake R & Wendy R Rickard Lot 20, Block 1, Summerfield Estates Seventh Subdivision 400438305 Nathaniel A & Kristi S Schanou Lot 21, Block 1, Summerfield Estates Seventh Subdivision 400438313 Adam B & Shannon L Brosz Lot 22, Block 1, Summerfield Estates Seventh Subdivision 400438348 Eddie D & Kathleen J Dimmitt Lot 23, Block 1, Summerfield Estates Seventh Subdivision 400438356 Byron L & Janice A Coghlan Lot 24, Block 1, Summerfield Estates Seventh Subdivision 400438364 K Michael & Christy R Oliver Lot 25, Block 1, Summerfield Estates Seventh Subdivision 400433958 Mark H & Jane E Gloor Lot 1, Block 1, Summerfield Estates Fifth Subdivision 400433966 Marcella M Greenwood Trustee Lot 2, Block 1, Summerfield Estates Fifth Subdivision 400433974 Daniel H & Carolyn K Tuchenhagen Lot 3, Block 1, Summerfield Estates Fifth Subdivision 400433990 Little B's Corporation Lot 5, Block 1, Summerfield Estates Fifth Subdivision 400434008 Little B's Corporation Lot 6, Block 1, Summerfield Estates Fifth Subdivision Grand Island Council Session - 2/26/2013 Page 14 / 97 ORDINANCE NO. 9245 (Cont.) - 5 - SECTION 3. The following storm sewer in the district shall be improved by installing a pipe over the existing concrete ditch liner and other incidental work in connection therewith: Summerfield First, Second, Third, Fourth, Fifth, Sixth & Seventh Subdivisions in the City of Grand Island, Hall County, Nebraska. 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 plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, 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. SECTION 8. This process is being executed pursuant to Section 16-667 of the Nebraska Revised Statutes. Enacted: February 26, 2013 __________________________________________ Jay Vavricek, Mayor Attest: ______________________________________ Brenda Sutherland,Acting City Clerk Grand Island Council Session - 2/26/2013 Page 15 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G1 Approving Minutes of February 12, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 2/26/2013 Page 16 / 97 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 12, 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 February 12, 2013. Notice of the meeting was given in The Grand Island Independent on February 6, 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, Chuck Haase, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. 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 Pastor Jack Gillam, Trinity Lutheran Church, 212 West 12th Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Josh Sugita. PUBLIC HEARINGS: Public Hearing on Request from RMH Franchise Corporation dba Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from RMH Franchise Corporation dba Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on January 25, 2013; notice to the general public of date, time, and place of hearing published on February 2, 2013; notice to the applicant of date, time, and place of hearing mailed on January 25, 2013; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Tim O’Neill, Attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement – 3800 Block of East Hwy. 34 (Charles and Laura Bosselman). Utilities Director Tim Luchsinger reported acquisition of a utility easement located in the 3800 block of East Highway 34 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of installing new underground primary cable and a pad-mounted single phase transformer for a new building for Bosselmans. Staff recommended approval. No public testimony was heard. Public Hearing on the One & Six Year Street Improvement Plan. Interim Public Works Director Terry Brown reported that adoption of a One and Six Year Street Improvement Program was required by State law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. This item was referred to the Regional Planning Commission by Council at their January 22, 2013 Regular Meeting. The Regional Planning Commission Grand Island Council Session - 2/26/2013 Page 17 / 97 Page 2, City Council Regular Meeting, February 12, 2013 conducted a Public Hearing at their February 6, 2013 meeting. A PowerPoint was presented explaining the recommendations. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9420 – Consideration of Creating Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks 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 Niemann seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Interim Public Works Director Terry Brown reported that a majority of property owners had signed a district creation petition form for a Street Improvement District for an area south of 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. The project was currently estimated at $1.7 million and would be assessed to adjacent property owners, including City property. Discussion was held concerning the cost to the City. Mr. Brown stated the City would pay between 40% - 45% of the cost since part of the property was owned by the City. Funding would have to be looked at in the future. He expected construction to start in mid to late summer 2013. Motion by Gilbert, second by Nickerson to approve Ordinance #9420. City Clerk: Ordinance #9420 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 #9420 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 #9420 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Agenda item G-12 was removed from the agenda for further discussion. Motion by Dugan, second by Donaldson to approve the Consent Agenda excluding item G-12. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 22, 2013 City Council Regular Meeting. Approving Minutes of January 29, 2013 City Council Study Session. Grand Island Council Session - 2/26/2013 Page 18 / 97 Page 3, City Council Regular Meeting, February 12, 2013 Approving Minutes of February 5, 2013 City Council Special Meeting. Councilmember Gericke abstained. #2013-27 – Approving Acquisition of Utility Easement Located in the 3800 Block of East Highway 34 (Charles and Laura Bosselman). #2013-28 – Approving Change Order #2 for Air Quality Control System Engineering Services at Platte Generating Station with Kiewet Power Engineers of Lenexa, KS for an Increase of $14,502.00 and a Revised Contract Amount of $446,534.00. #2013-29 – Approving Change Order #1 for Steam Generator Boiler Repairs – 2012 - at Platte Generating Station with Hayes Mechanical of Omaha, NE for an Increase of $134,318.00 and a Revised Contract Amount of $279,918.00. #2013-30 – Approving Agreement for Noxious Weed Control in the Platte River Wellfield with Platte Valley Weed Management Area of Aurora, NE. #2013-31 – Approving the Amended Capacity Agreement with the Municipal Energy Association of Nebraska. #2013-32 – Approving Authorization for Emergency Sanitary sewer Repairs on North Interceptor (West End of Seedling Mile Access Road) with The Diamond Engineering Company of Grand Island, NE in an Amount of $49,475.69; NMC of Grand Island, NE in an Amount of $12,945.05; and Mudd Jockies, Inc. of Grand Island, NE in an Amount of $772.20. #2013-33 – Approving Supplemental Agreement No. 2 with NDOR and Olsson Associates for Engineering Consulting Services Related to Grand Island Resurfacing – Various Locations. #2013-34 – Approving Amendment No. 4 to the Agreement for Professional Engineering Services entitled “Wastewater Treatment Plant and Collection System Rehabilitation” with Black & Veatch for an Increase of $30,000.00 and a Revised Agreement Amount of $3,379,989.00. #2013-35 – Approving Amendment No. 5 to the Agreement for Professional Engineering Services entitled “Wastewater Treatment Plant and Collection System Rehabilitation” with Black & Veatch for an Increase of $451,896.00 and a Revised Agreement Amount of $3,831,885.00. Interim Public Works Director Terry Brown reported that Amendment #5 with Black and Veatch would cover Phase 2 of the North Interceptor and would work in coordination with the Capital Avenue widening project. Paul Wicht, 1708 Jerry Drive spoke in opposition to the cost. Motion by Donaldson, second by Gilbert to approve Resolution #2013-35. Upon roll call vote, all voted aye. Motion adopted. #2013-36 – Approving Agreement for Utility Relocation Services to be Performed by the City Utility Department of the Walk to Walnut Safe Routes to Schools Project. #2013-37 – Approving Change Order #2 for Lincoln Park Swimming Pool with Hausmann Construction, Inc. of Lincoln, NE for a Decrease of $1,598.00 and a Revised Contract Amount of $1,668,602.00. Grand Island Council Session - 2/26/2013 Page 19 / 97 Page 4, City Council Regular Meeting, February 12, 2013 RESOLUTIONS: #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, 9400 South 64th Street, Lincoln, NE. This item related to the aforementioned Public Hearing. Motion by Haase, second by Minton to approve Resolution #2013-38 contingent upon final inspections and completion of a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2013-39 – Consideration of Amendment to Resolution No. 2010-207 for the Economic Development Incentive Agreement with Grand Island Area Economic Development Corporation (GIAEDC). Interim Public Works Director Terry Brown reported that on July 27, 2010 City Council approved Resolution #2010-207 for an agreement between the City of Grand Island and the Grand Island Area Economic Development Corporation to provide $575,000.00 in economic assistance to GIAEDC to be used for Public Works improvements at the Platte Valley Industrial Park East. These funds were requested to be used to provide water and sanitary sewer infrastructure. With the lower than expected bids for the installation of water and sanitary sewer, the GIAEDC was requesting to reallocate the $575,000.00 of LB840 funds to allow for the paving of Blaine Street, from Wildwood Drive to Schimmer Drive. The LB840 funds would be combined with the Community Development Block grant as a match to the City funds to fully fund this paving project. Marlan Ferguson, 2808 Apache Road, GIAEDC President spoke in support. Motion by Niemann, second by Gilbert to approve Resolution #2013-39. Upon roll call vote, all voted aye. Motion adopted. #2013-40 – Consideration of Support for Community Proposal to Continue Service for Veterans in a New Facility in Grand Island. Mayor Jay Vavricek reported that the Nebraska Veterans Home had been located in Grand Island for 125 years and was proposed for replacement by the Department of Veterans Affairs for Community Living Centers. The State would be issuing a Site Selection Process in late February/early March in which central Nebraska communities interested in enticing the veterans home would have 30-45 days to submit proposals, including incentive packages. Grand Island formed a committee to develop a proposal to ensure the new Veterans Home remained in this community. Resolution #2013-40 was support for the efforts of the Grand Island Veterans Home Committee to develop a proposal that would best support the mission of the Veterans Home. Motion by Haase, second by Niemann to approve Resolution #2013-40. Upon roll call vote, all voted aye. Motion adopted. #2013-41 – Consideration of Adjustment to Police Department Authorized Personnel Positions. Police Chief Steve Lamken reported that the ICMA Public Safety study called for the Police Grand Island Council Session - 2/26/2013 Page 20 / 97 Page 5, City Council Regular Meeting, February 12, 2013 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. The Police Chief proposed to replace the Administration Sergeant with a full time equivalent Community Service Officer (CSO). The Department’s leadership had reevaluated this proposal and did not recommend it. The Police Chief proposed to promote an additional Sergeant in the Department raising the authorized strength of Police Sergeants to fourteen and eliminating one full time Community Service Officer position resulting in a savings in the Police Department personnel budget. Discussion was held regarding the number of full-time community officers. Chief Lamken stated there would be 2 full-time and 5 part-time CSOs. Motion by Dugan, second by Minton to approve Resolution #2013-41. Upon roll call vote, all voted aye. Motion adopted. #2013-42 – Consideration of Approving Appointment of John Collins as Public Works Director. Mayor Vavricek submitted the name of John Collins as Public Works Director. He stated he felt Mr. Collins was the right person for the job because he had done the job. Explained was the process of hiring, which resulted in two searches with 6 applications on the 1st search and 12 applications on the 2nd search. Councilmembers Niemann, Dugan, Gilbert, and Nickerson were involved in the search for a Public Works Director. The recommendation was to hire Mr. Collins at step 12 in the amount of $101,000.00. Explained was this amount was comparable to what the City was currently paying the interim Public Works Director. Paul Wicht, 1708 Jerry Drive spoke in opposition. Discussion was held regarding the pool of applicants and the importance of this position. Comments were made by Council concerning Mr. Collins qualifications, ability, and professionalism to do the job. Salary differential was mentioned. Motion by Gilbert, second by Nickerson to approve Resolution #2013-42. Upon roll call vote, Councilmembers Minton, Dugan, Gilbert, Nickerson, Donaldson, and Niemann voted aye. Councilmembers Paulick, Gericke, Hehnke, and Haase voted no. Motion adopted. #2013-43 – Consideration of One & Six Year Street Improvement Plan. This item related to the aforementioned Public Hearing. Discussion was held regarding the Lincoln Street Quiet Zone and Broadwell Crossing which were moved to a later date. Mr. Brown stated the reason they were moved to a later date was that there was no local funding. Motion by Gilbert, second by Dugan to approve Resolution #2013-43. Upon roll call vote, all voted aye. Motion adopted. #2013-44 – Consideration of Approving Resolution to Enter into an Agreement to Create a Metropolitan Planning Organization. Interim Public Works Director Terry Brown reported that this was an agreement which had been discussed at several Council meetings between the City of Grand Island and the State of Nebraska for the creation of the Metropolitan Planning Grand Island Council Session - 2/26/2013 Page 21 / 97 Page 6, City Council Regular Meeting, February 12, 2013 Organization to serve the Grand Island Area. This agreement would be forwarded to the Governor for his approval. Discussion was held concerning Article 7 Section B “City Department Director”. City Attorney Robert Sivick clarified the wording would include the word “designated” to make the document more clear. Motion by Minton, second by Haase to approve Resolution #2013-44. Upon roll call vote, all voted aye. Motion adopted. Councilmember Gericke recused himself from the discussion on Resolution #2013-45 due to a conflict of interest. #2013-45 – Consideration of Pre-84 Retiree Pension Payment for Pete Kortum. Finance Director Jaye Monter reported that at the February 5, 2013 Special Meeting, Resolution #2013-26(B) was approved by Council requiring the Police Pension Committee and staff to calculate all pending and future police retirement benefits using bids based on the actual sex of the retiree. Three quotes were received with an average of the three annuity contracts resulting in the City of Grand Island making an additional payment to Mr. Kortum of $172,263.04. Staff recommended approval. Jarret Daugherty, FOP President, 3012 Goldenrod Drive commented on Ordinance No. 8413 enacted October 12, 1998 regarding Police Pension Committee duties along with Exhibits A – Police Officers’ Retirement System Plan and Trust and Exhibit B – Administrative Services Agreement. Gary Piel, 1022 North Wheeler commented on the process of his retirement in 2003 with the Police Pension Committee. A brief history was given. He recommended the City back up and start over so as not to violate state statutes or city ordinances. Councilmember Haase commented on language in Ordinance #8413 concerning the sex neutral language stating it related to a group annuity contract. Discussion was held on where the funds would come from. At the request of Mayor Vavricek, City Attorney Robert Sivick explained Ordinance #8413. It basically stated ICMA would handle the Police Pension Plan. Copies of the Ordinance, Plan and Administrative Services Agreement were made for Council. Motion by Haase, second by Gilbert to approve Resolution #2013-45. Upon roll call vote, Councilmembers Minton, Dugan, Gilbert, Nickerson, Hehnke, Haase, Donaldson, and Niemann voted aye. Councilmember Paulick voted no. Motion adopted. Councilmember Gericke returned to the meeting. #2013-46 – Consideration of Authority of the Police Pension Committee. City Attorney Robert Sivick reported that the Police Pension Committee’s authority was limited to ministerial duties set forth in Neb. Rev. Stat. §16-1017. Any additional authority must be delegated by the Council. The Committee was subordinate to the authority of the Council as the governing body of the City. Statements and actions made at recent meetings of the Committee necessitated the Council specifically set forth the authority of the Police Pension Committee. Grand Island Council Session - 2/26/2013 Page 22 / 97 Page 7, City Council Regular Meeting, February 12, 2013 The following people spoke in opposition: Jarret Daugherty, FOP President, 3012 Goldenrod Drive Jimmy Olson, 340 4th Street, Phillips, NE Gary Piel, 1022 No. Wheeler Danny Dubbs, 1206 Hwy 2, Phillips, NE Motion by Haase, second by Gilbert to approve Resolution #2013-46. Mentioned was the value of the Police Pension Committee. Motion by Gilbert, second by Niemann to amend the motion to allow Council to get a second legal opinion. Motion was withdrawn. Motion by Paulick, second by Gericke to lay Resolution #2013-46 on the table. Upon roll call vote, Councilmembers Minton, Paulick, Gericke, and Niemann voted aye. Councilmembers Dugan, Gilbert, Nickerson, Hehnke, Haase, and Donaldson voted no. Motion failed. Discussion was held regarding the Police Pension Committee hiring outside Council. Requested was a comprehensive plan, rules and regulations for the Police Pension Committee. Motion by Nickerson, second by Paulick to postpone Resolution #2013-46 until the February 26, 2013 City Council meeting. Upon roll call vote, Councilmembers Minton, Paulick, Gericke, Gilbert, Nickerson, and Niemann voted aye. Councilmembers Dugan, Hehnke, Haase, and Donaldson voted no. Motion adopted. Discussion was held regarding the reasons to postpone and the reasons not to postpone. Motion by Gilbert, second by Haase to reconsider the motion to postpone until the February 26, 2013 City Council meeting. Upon roll call vote, Councilmembers Minton, Dugan, Gilbert, Hehnke, Haase, and Donaldson voted aye. Councilmembers Paulick, Gericke, Nickerson, and Niemann voted no. Motion adopted. Upon roll call vote on the motion to postpone Resolution #2013-46 until the February 26, 2013 City Council meeting, Councilmembers Minton, Paulick, Gericke, Nickerson, and Niemann voted aye. Councilmembers Dugan, Gilbert, Hehnke, Haase, and Donaldson voted no. Mayor Vavricek cast the sixth and deciding vote in favor. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Niemann to approve the Claims for the period of January 23, 2013 through February 12, 2013, for a total amount of $2,355,297.00. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 10:30 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/26/2013 Page 23 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G2 Approving Minutes of February 19, 2013 City Council Study Session/Special Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 2/26/2013 Page 24 / 97 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION February 19, 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 February 19, 2013. Notice of the meeting was given in the Grand Island Independent on February 13, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, John Gericke, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. Councilmember Scott Dugan was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, and Finance Director Jaye Monter. INVOCATION was given by Community Youth Council member Marlena Ramirez followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Marlena Ramirez and Board member Craig Garrett. SPECIAL ITEMS: Presentation to Restructure Fire Department Command Structure. Fire Chief Cory Schmidt reported that the City contracted with ICMA to conduct an analysis of fire operations for the Grand Island Fire Department (GIFD). Their recommendations were to: restructure administrative staff; develop a succession plan; improve fire prevention/public education programs; and utilize technology to become more efficient. Mentioned were the following problems with the current structure: top heavy management; span of control; different work schedule; lack of communication; uniformity issues; on-call officer; and mentoring/succession planning not effective. Chief Schmidt stated the call volume continued to rise for medical and fire. In 2000 there were 3,131 emergency requests for service and in 2012 there were 4,589 emergency requests for service which was a 47% increase in calls. He expected a continued upward trend in call volume. The reasons the call volumes were increasing were: Baby Boomers (medical); growth of Grand Island’s population (1% a year); new construction; aging commercial and residential properties; and influx of people (daytime population). Future issues mentioned were: shift supervision will continue to be difficult; lack of uniformity; training issues; quality control may decrease; and succession planning/mentoring needs to be addressed. Chief Schmidt stated Grand Island had reached a threshold and it was time to improve the fire department management by maintaining or improving the level of service which would require Grand Island Council Session - 2/26/2013 Page 25 / 97 Page 2, City Council Study Session, February 19, 2013 better utilization of current resources and/or additional resources and the need for strategic management on each shift where it was most beneficial. He listed the following three options: Solution #1 – Continue with current structure Solution #2 – Leave Division Chief position open Solution #3 – Reclassify three Captains to Shift Commanders Solution #1 would continue with the current system where costs remain predictable and known track record, but current issues would persist and doesn’t address future City growth. Solution #2 would leave open the vacant Division Chief position which would save personnel costs, but remaining officers would be unable to perform all the duties and it doesn’t address current or future issues. Solution #3 would reclassify three Captains to Shift Commanders which would allow better management at shift level and improve mentoring/succession planning in line with the ICMA recommendation, but would require creating positions, testing, and additional work for Human Resources. Explained was Shift Commanders were essentially shift supervisors. GIFD had 3 shifts, each were 24 hours long and would be a union position. Duties of a Shift Commander were: evaluate Captain’s job performance; review reports for quality issues; supervises training operations for shift; coordinates activities among shifts and stations; investigates fires for origin and cause; respond to major emergencies and act as Incident Commander; act as representative for shift to upper management; act as mentor for new and aspiring Captains; facilitate succession planning; make daily staffing assignments (including coordination of time off, overtime, etc); and schedule shift activities. The benefits of a Shift Commander were: shift supervision on a 24/7 basis; span of control – reduced; uniformity; safer work environment; mentoring and succession plan; Division Chiefs would be able to focus on their specific job duties; and they could utilize technology on emergency scenes. The cost to change to Shift Commanders would increase by $27,090, but by eliminating the Fire/Admin. Division Chief position, which was currently vacant due to retirement, there would be a cost savings of $95,576. To implement the changes the following would have to occur: create job description and test procedure to meet Civil Service rules to develop candidate list; obtain Council approval to amend the salary ordinance and FTE classifications; promote three Captains to Shift Commanders; and eliminate the Fire/Admin. Division Chief position. In summary the shift commanders would provide better management and mentoring/succession planning would be possible. Grand Island was a growing city and needed to prepare for the future. This plan financially made good sense and implemented ICMA recommendations. Discussion was held concerning the Fire Captains and Division Chiefs positions and how they would relate to the Shift Commanders. Chief Schmidt stated the Captains would be in charge of Grand Island Council Session - 2/26/2013 Page 26 / 97 Page 3, City Council Study Session, February 19, 2013 a specific station where the Shift Commanders would be in charge of all four stations. Mentioned was that medical calls were the bulk of the Fire Departments work. Explained was the process of filling in for an absent Captain, compensation, and Sift Commanders being in the union. Mentioned were concerns of overtime due to three Shift Commanders instead of four and education requirements for each position level. Making any of these changes could take three to four months. Human Resources Director Brenda Sutherland clarified the union positions. Chief Schmidt proposed to hire a certified life safety inspector on the recommendation of ICMA study that said: “Grand Island has a very limited prevention program which has shrunk. Inspections of commercial establishments do not regularly take place.” The focus in the Fire Prevention Division was to decrease the number and severity of all fires within the City. This was typically accomplished by inspection, plan review, and public education. Most inspections were conducted by engine companies subject to emergency calls. Currently there were 2,337 commercial properties in Grand Island and this number was growing. In 2012, 465 life safety inspections were completed. The current goal was to complete at least 1/3 yearly or 779. Pursuant to Nebraska Revised Statute Section 81-502, Fire Marshal Fred Hotz had been delegated the responsibility to conduct State inspections in Grand Island city limits. State delegated inspections increased the workload tremendously in the Fire Prevention Division. Examples of State delegated inspections were: in home daycares, adult daycare centers, nursing homes, health care facilities, underground storage tanks, liquor licenses, plan reviews, etc. The City received $44,693.72 for state inspections in Fiscal year 2011-12. Fire Chief Schmidt stated improvements were needed because of the declining number of annual inspections completed. Engine company crews were not certified as inspectors and time was limited due to increasing call volume and training requirements. The City was growing and inspections would continue to fall further behind. In order to remain effective in fire prevention, they needed to hire one full time Life Safety Inspector in addition to the current Fire Marshal. The benefits of an inspector would be to inspect at least 1/2 of all commercial properties annually (1,168 per year); inspections would be more uniform/efficient; the ability to schedule inspections and make the community safer; be able to improve code enforcement/prevention; and have another set of eyes in the community. The cost of a Life Safety Inspector would be $85,117 and would be offset by applying savings from the reorganization. This position would take over the underground tank inspections from the State ($3,175) and enforce $100 inspection fee schedule for all major events (concerts, exhibitions, etc.). By applying the savings from the earlier proposal, the cost of the inspector at current top pay with full benefits would be a total savings of $10,859. To implement the inspector position, the Fire Department would have to develop a job description and hiring procedure; request Council approval to amend the salary ordinance and FTE classifications; hire a certified Life Safety Inspector; and regularly evaluate the position for performance (goal of at least 5 inspections per work day). Grand Island Council Session - 2/26/2013 Page 27 / 97 Page 4, City Council Study Session, February 19, 2013 In summary the FTEs would remain the same for the department; work towards the ICMA recommendation of better code enforcement/prevention; and no additional cost to the City. Comments were made concerning engine companies continuing to do inspections in high target areas. The Life Safety Inspector position would report to the Fire Marshal but would have no support staff. No additional equipment would be needed for this position. ADJOURNMENT: The meeting was adjourned at 8:41 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/26/2013 Page 28 / 97 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING February 19, 2013 Pursuant to due call and notice thereof, a Special Council 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 19, 2013. Notice of the meeting was given in the Grand Island Independent on February 16, 2013. Mayor Jay Vavricek called the meeting to order at 8:41 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. Councilmember Scott Dugan was absent and Councilmember Gericke recused himself due to a conflict of interest. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, and Finance Director Jaye Monter. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Niemann to adjourn to Executive Session at 8:42 p.m. for the purpose of a strategy session with respect to threatened litigation. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Niemann to return to Regular Session at 9:40 p.m. Unanimously approved. REQUESTS AND REFERRALS: Reconsidering the Postponement of Resolution #2013-46. City Attorney Robert Sivick explained the reasons for bringing this item forward with relation to the Police Pension Committee and Ordinance #8413 approved on October 12, 1998. Mr. Sivick stated the Police Pension Committee’s authority was limited to ministerial duties set forth in Neb. Rev. Stat. §16-1017. Any additional authority must be delegated by the Council. The Committee was subordinate to the authority of the Council as the governing body of the City. Statements and actions made at recent meetings of the Committee necessitated the Council specifically setting forth the authority of the Police Pension Committee. It was recommended the Council approve Resolution #2013- 46. Mr. Sivick stated Council President Bob Niemann requested the Council reconsider its motion to postpone Resolution 2013-46 to the February 26, 2013 meeting. Human Resources Director Brenda Sutherland clarified that Resolution #2013-46 would allow the Police Pension Committee to hire outside legal counsel only with approval from the City Council. Motion by Niemann, second by Minton to approve reconsidering the Postponement of Resolution #2013-46. Upon roll call vote, Councilmembers Minton, Gilbert, Nickerson, Hehnke, Haase, Donaldson, and Niemann voted aye. Councilmember Paulick voted no. Motion adopted. Grand Island Council Session - 2/26/2013 Page 29 / 97 Page 2, City Council Study Session, February 19, 2013 RESOLUTIONS: #2013-46 – Consideration of Authority of the Police Pension Committee. Motion by Haase, second by Gilbert to approve Resolution #2013-46. Upon roll call vote, Councilmembers Minton, Gilbert, Nickerson, Hehnke, Haase, Donaldson, and Niemann voted aye. Councilmember Paulick voted no. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:58 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/26/2013 Page 30 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G3 Approving Appointment of Michael Corman to South Locust Business Improvement District 2012 Mayor Vavricek has submitted the appointment of Michael Corman to the Business Improvement District No. 2012 Board to replace Roy Neneman who resigned. The appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2013. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/26/2013 Page 31 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G4 Approving Appointment of Ryan Waind to Business Improvement District #6 Mayor Vavricek has submitted the appointment of Ryan Waind to Business Improvement District #6 Board to replace Mike Wanek who resigned. The appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2013. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/26/2013 Page 32 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G5 #2013-47 - Approving Bid Award - Water Main Project 2013-W-1 - Clark Street at the Union Pacific Railroad Tracks Staff Contact: Tim Luchsinger,Stacy Nonhof Grand Island Council Session - 2/26/2013 Page 33 / 97 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, City Attorney Meeting:February 26, 2013 Subject:Bid Award – Water Main Project 2013-W-1 Clark Street at the Union Pacific Railroad Crossing Item G-5 Presenter(s):Tom Barnes, Civil Engineering Manager, Utilities Background There are currently 12 water main pipelines that run under the Union Pacific Railroad through the center of town. These crossings tie the water distribution system together. The existing main in Clark Street, between South Front Street and North Front Street, was installed under the railroad tracks in 1917 without a protective casing, which is our standard practice today. Due to the age of the pipe, and potential damage to railroad property due to a pipe failure, plans and specifications were prepared for Water Main Project 2013-W-1. The project will replace the existing direct buried water line with a new 24-inch protective outer steel casing and 12-inch ductile-iron water main beyond the limits of the trackage. A map of the crossing area is attached for reference. Discussion Bidding documents were advertised in accordance with City Procurement Codes. Four plan services firms and eight construction companies received copies of the specifications and plans. Three bids were received and publicly opened at 2:00 p.m. on February 14, 2013 as tabulated below: Bidder Bid Security Exceptions Bid Price General Excavating Lincoln, NE Universal Surety Co.None $146,354.00 Diamond Engineering Co. Grand Island, NE Universal Surety Co.None $ 84,363.00 Van Kirk Bros. Constr. Sutton, NE Universal Surety Co.None $ 79,798.50 Grand Island Council Session - 2/26/2013 Page 34 / 97 The bids have been reviewed and evaluated, and are without errors or exceptions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council accept the bid and award the contract for Water Main Project 2013-W-1, Clark Street and the Union Pacific Railroad Crossing; to the low responsive bidder, Van Kirk Sand & Gravel, Inc., d/b/a Van Kirk Bros. Contracting, of Sutton, Nebraska, in the amount of $79,798.50. Their bid is below the project estimate of $100,000 and meets contract requirements Sample Motion Move to the construction contract for Water Main Project 2013-W-1, to Van Kirk Sand & Gravel, Inc., d/b/a Van Kirk Bros. Contracting, of Sutton, Nebraska, in the amount of $79,798.50. Grand Island Council Session - 2/26/2013 Page 35 / 97 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 14, 2013 at 2:00 p.m. FOR:Water Main Project 2013-W-1 Clark Street and Union Pacific Railroad DEPARTMENT:Utilities ESTIMATE:$100,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:January 24, 2013 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:The Diamond Engineering Co.Van Kirk Bros. Contracting Grand Island, NE Sutton, NE Bid Security:Universal Surety Co.Universal Surety Co Exceptions:None None Bid Price:$84,363.00 $79,798.50 Bidder:General Excavating Lincoln, NE Bid Security:Universal Surety Co Exceptions:None Bid Price:$146,354.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Pat Gericke, Utilities Admin. Assist. P-1611 Grand Island Council Session - 2/26/2013 Page 36 / 97 Grand Island Council Session - 2/26/2013 Page 37 / 97 Water Main Project 2013-W-1 BIDS: 2/14/2013 Clark Street and UPRR Van Kirk Bros. Contracting Diamond Engineering Co. General Excavation ITEM DESCRIPTION QUANTITY EST. Bid Unit Total Bid Unit Total Bid Unit Total D. 1.01 24" Dia x 0.438" Steel Casing 209.0 l.f. 300.00 62,700.00 289.30 60,463.70 589.00 123,101.00 D. 1.02 12" D.I. Pipe (RJ) 218.0 l.f. 62.00 13,516.00 96.00 20,928.00 75.00 16,350.00 D. 1.03 12" Tapped Cap (MJ) 1.0 ea. 250.00 250.00 505.50 505.50 1,100.00 1,100.00 D. 1.04 12" Cap (MJ) 1.0 ea. 250.00 250.00 448.50 448.50 584.00 584.00 D. 1.05 12" Retainer Gland 2.0 ea. 155.00 310.00 209.80 419.60 175.00 350.00 D. 1.06 8 mil Polywrap 218.0 lf 1.25 272.50 2.65 577.70 3.00 654.00 D. 1.07 Temp Traffic & Erosion Control 1.00 ea. 2,500.00 2,500.00 1,020.00 1,020.00 4,215.00 4,215.00 Total Bid $79,798.50 $84,363.00 $146,354.00 Grand Island Council Session - 2/26/2013 Page 38 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney R E S O L U T I O N 2013-47 WHEREAS, the City of Grand Island invited sealed bids for Water Main Project 2013-W-1; Clark Street at the Union Pacific Railroad tracks, according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 14, 2013, bids were received, opened and reviewed; and WHEREAS, Van Kirk Brothers Construction of Sutton, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $79,798.50; and WHEREAS, the bid of Van Kirk Brothers Construction is less than the estimate for Water Main Project 2013-W-1 at Clark Street and the Union Pacific Railroad tracks. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Van Kirk Brothers Construction, in the amount of $79,798.50 for Water Main Project 2013-W-1, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 2/26/2013 Page 39 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G6 #2013-48 - Approving Contract for Concession Stand Operations at the Veterans Athletic Field Complex Staff Contact: Todd McCoy Grand Island Council Session - 2/26/2013 Page 40 / 97 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:February 26, 2013 Subject:Concession Stand Contract Award Veterans Athletic Field Complex Item #’s:G-6 Presenter(s):Todd McCoy, Parks and Recreation Director Background On January 26, 2013 a request for proposals to operate the concession stand at the Veterans Athletic Field Complex was advertised. One proposal was received. The lone proposal came from Rathjen & Son Enterprises, Inc. dba The Snow. Discussion The Snow proposal meets all requirements as stated in the RFP and offers to pay the City 10% of the gross sales for the right to provide the concession services. They’ve offered to make improvements to the facility which includes a new ordering window, new flooring, and wall panels. The Snow successfully managed the Veterans Complex Concessions in 2012. The adult softball association and other tournament directors have given positive references for The Snow continuing to manage the concession operation. The proposed agreement would expire after three years. 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 - 2/26/2013 Page 41 / 97 Recommendation City Administration recommends that the Council award the concession rights to Rathjen and Son Enterprises, Inc. dba The Snow. Sample Motion Move to approve contract with Rathjen and Son Enterprises Inc. dba The Snow for concession stand operation for a three year agreement at the Veterans Athletic Field Complex. Grand Island Council Session - 2/26/2013 Page 42 / 97 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR CONCESSION STAND OPERATIONS AT VETERANS ATHLETIC FIELD COMPLEX RFP DUE DATE:February 12, 2013 at 4:00 p.m. DEPARTMENT:Parks & Recreation PUBLICATION DATE:January 26, 2013 NO. POTENTIAL BIDDERS:2 SUMMARY OF PROPOSALS RECEIVED Rathjen & Son Enterprises, Inc. dba The Snow Grand Island, NE cc:Todd McCoy, Parks & Rec. Director Patti Buettner, Parks Secretary Mary Lou Brown, City Administrator Jaye Monter, Finance Director P1612 Grand Island Council Session - 2/26/2013 Page 43 / 97 Grand Island Council Session - 2/26/2013 Page 44 / 97 Grand Island Council Session - 2/26/2013 Page 45 / 97 Grand Island Council Session - 2/26/2013 Page 46 / 97 Grand Island Council Session - 2/26/2013 Page 47 / 97 Grand Island Council Session - 2/26/2013 Page 48 / 97 Grand Island Council Session - 2/26/2013 Page 49 / 97 CONTRACT AGREEMENT THIS AGREEMENT made and entered into this by and between RATHJEN & SON d/b/a THE SNOW, hereinafter called the “Contractor” and the CITY OF GRAND ISLAND, NEBRASKA, hereinafter called the “City”. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused an advertisement calling for proposals to be published, for CONCESSION STAND OPERATIONS AT THE VETERANS ATHLETIC FIELD COMPLEX; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible proposal, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's proposal, with exception regarding the City’s share of gross receipts, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his, or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other materials, services and facilities; (b) furnish all materials, supplies and equipment specified and required in the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached Request for Proposals, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's proposal; ARTICLE II. That the Contractor shall pay to the City for the covenants embraced in this contract and the City will accept as full compensation therefore the sum of 10% (ten percent) of all gross receipts received from sales at the Veteran’s Athletic Field Complex along with an additional 2% (two percent) of all gross receipts going to the Adult Softball Association for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent on an annual basis, by or before the 1st day of November 2013 to the City. ARTICLE III. The Contractor hereby agrees to monitor the restroom materials and supplies for the City for this project. The City shall be obligated to supply the restrooms with materials and supplies. The Contractor also agrees to provide and pay for needed upgrades to the concession building as per proposal. ARTICLE IV. That the Contractor shall start work as soon as possible after a written notice to proceed has been delivered by the Director of Parks and Recreation and the required insurance is approved. The Contractor shall work during scheduled league games and at such other times as the Contractor deems appropriate, however, Contractor may not at any time work at the Veteran’s Athletic Field Complex outside of the parks’ hours of operation. The City will provide the Contractor with a schedule of league activities. The City retains the right to cancel this contract at any time for the sole convenience of the City without penalty. ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with Grand Island Council Session - 2/26/2013 Page 50 / 97 the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE VI. City Code states that it is unethical for any person to offer, give or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. ARTICLE VII. This agreement shall expire November 1, 2015 after execution. ARTICLE VIII. The Contractor agrees to comply with insurance requirements in the execution of this contract as required by City Code. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. Contractor By Title Contact Phone Contact Address Contact Fax Date CITY OF GRAND ISLAND, NEBRASKA, By ____________________________________Date Mayor Attest: City Clerk The contract and insurance requirements are in due form according to law and are hereby approved. Date Attorney for the City Page 2 of 2 Grand Island Council Session - 2/26/2013 Page 51 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney R E S O L U T I O N 2013-48 WHEREAS, the Parks and Recreation Department of the City of Grand Island invited sealed proposals for Concession Stand Operations at the Veteran’s Athletic Field Complex; and WHEREAS, on February 12, 2013, one (1) proposal was received and reviewed; and WHEREAS, Rathjen & Son Enterprises, Inc., DBA: The Snow of Grand Island, Nebraska submitted a proposal in accordance with the terms of the advertisement for proposals. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Rathjen & Son Enterprises, Inc., DBA: The Snow of Grand Island, Nebraska, is hereby accepted and approved as the lowest responsive proposal submitted, and that the contract by and between the City and the Vendor be and hereby is approved, and the Mayor is authorized to sign such contract on behalf of the City. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 2/26/2013 Page 52 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G7 #2013-49 - Approving Bid Award for Golf Course Irrigation Variable Frequency Drive Staff Contact: Todd McCoy Grand Island Council Session - 2/26/2013 Page 53 / 97 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:February 26, 2013 Subject:Bid Award for Furnishing and Installation of Irrigation Variable Frequency Drives (VFD’s) for Jackrabbit Run Golf Course Item #’s:G-7 Presenter(s):Todd McCoy, Parks and Recreation Director Background The irrigation system at Jackrabbit Run Golf Course was installed in 1976. The current system is outdated, inefficient, experiences many failures, and is costly to repair. During the 2012/2013 budget process, City Council approved replacement of the irrigation system. To update the irrigation system it is important to install Variable Frequency Drives (VFD’s) to the pumping stations. On February 8, 2013 the Parks and Recreation Department advertised for bids to furnish (4) VFD’s. Modern commercial irrigation systems rely on VFD’s because they provide optimal control of pump motor frequency and voltage. The VFD’s offer much more efficient operation and better protection for motors from issues such as electro thermal overloads, phase protection, under voltage, overvoltage, etc. VFD’s don’t subject the motor and pipes to the “instant shock” of across the line starting, but can start smoothly, thereby reducing belt, gear and bearing wear. It eliminates water hammer damage to pipes by ensuring smooth acceleration and deceleration cycles. Because of the increased operating efficiency of VFD’s, annual energy savings has the potential to reach 30% or more. The VFD’s would be installed in March. The remainder of the irrigation project is planned to be bid this summer with the installation completed in the fall. With a fall installation, interruptions to golfing can be minimized. By installing the VFD’s in the spring, it will help the old system limp by one more summer and simplify the fall project. Grand Island Council Session - 2/26/2013 Page 54 / 97 Discussion Bids were received from Titan Machinery of Kingsley, IA and The Sprinkler Company from Stanton, Nebraska. Titan Machinery $67,450.00 The Sprinkler Company $43,599.98 Staff recommends the low bid from The Sprinkler Company. The Sprinkler Company has a strong experience history regarding the installation of Variable Frequency Drives. 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 the purchase and installation of (4) Variable Frequency Drives from The Sprinkler Company of Stanton, Nebraska. Sample Motion Move to approve the purchase and installation of (4) Variable Frequency Drives for Jackrabbit Run Golf Course from The Sprinkler Company for a total of $43,599.98. Grand Island Council Session - 2/26/2013 Page 55 / 97 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 19, 2013 at 2:30 p.m. FOR:Golf Course Irrigation Variable Frequency Drive DEPARTMENT:Parks & Recreation ESTIMATE:$55,000.00 FUND/ACCOUNT:51040001-85608 PUBLICATION DATE:February 8, 2013 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:Titan Machinery The Sprinkler Company Kingsley, IA Stanton, NE Exceptions:None None Bid Price:$67,450.00 $43,599.98 cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Secretary Mary Lou Brown, City Administrator P1616 Grand Island Council Session - 2/26/2013 Page 56 / 97 Grand Island Council Session - 2/26/2013 Page 57 / 97 Grand Island Council Session - 2/26/2013 Page 58 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney R E S O L U T I O N 2013-49 WHEREAS, the City of Grand Island invited sealed bids for Furnishing and Installation of Irrigation Variable Frequency Drives for Jackrabbit Run Golf Course, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on February 19, 2013, bids were received, opened and reviewed; and WHEREAS, The Sprinkler Company from Stanton, Nebraska submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $43,599.98. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Sprinkler Company from Stanton, Nebraska, in the amount of $43,599.98 for Furnishing and Installation of Irrigation Variable Frequency Drives for Jackrabbit Run Golf Course is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 2/26/2013 Page 59 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G8 #2013-50 - Approving State Bid Award for (1) 2013 2500HD Chevrolet Silverado 4x4 Pickup for the Streets Division of the Public Works Department Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/26/2013 Page 60 / 97 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:February 26, 2013 Subject:Approving State Bid Award for (1) 2013 2500HD Chevrolet Silverado 4x4 Pickup with Snow Plow for the Streets Division of the Public Works Department Item #’s:G-8 Presenter(s):Terry Brown, Interim Public Works Director Background The Streets Division of the Public Works Department budgeted for a pickup for daily work duties, as well as aid in snow removal. The approved FY 2013 budget included $72,000.00 for replacement of pickups in the Streets Division. Discussion The vehicle specifications awarded under State of Nebraska Contract #13406 OC meet all of the requirements for the Streets Division vehicle. Husker Auto Group of Lincoln, Nebraska submitted a bid with no exceptions in the amount of $44,033.00. There are sufficient funds for this purchase in Account No. 10033501-85615. This new vehicle will allow for the replacement of a 2001 Dodge Ram 1500 ½ ton 4x2 pickup with 134,138 miles, which will be sold at the Police Auction. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/26/2013 Page 61 / 97 Recommendation City Administration recommends that the Council approve the State Bid Award to Husker Auto Group of Lincoln, Nebraska if the amount of $44,033.00 for the 2013 2500HD Chevrolet Silverado 4x4 Pickup for the Streets Division of the Public Works Department. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/26/2013 Page 62 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney R E S O L U T I O N 2013-50 WHEREAS, the Streets Division of the Public Works Department for the City of Grand Island, budgeted for a vehicle in the 2012/2013 fiscal year; and WHEREAS, said vehicle, a 2013 2500HD Chevrolet Silverado 4x4 pickup with snow plow, can be obtained from the State Contract holder; and WHEREAS, purchasing the vehicle from the State Contract meets all statutory bidding requirements, and WHEREAS, the funding for such vehicle is provided in the 2012/2013 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2013 2500HD Chevrolet Silverado 4x4 pickup with snow plow in the amount of $44,033.00 from the State Contract holder, Husker Auto Group of Lincoln, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 2/26/2013 Page 63 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G9 #2013-51 - Approving State Bid Award for (1) 2013 F-150 Ford 4x2 Pickup for the Streets Division of the Public Works Department Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/26/2013 Page 64 / 97 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:February 26, 2013 Subject:Approving State Bid Award for (1) 2013 F-150 Ford 4x2 Pickup for the Streets Division of the Public Works Department Item #’s:G-9 Presenter(s):Terry Brown, Interim Public Works Director Background The Streets Division of the Public Works Department budgeted for a pickup for daily work duties. The approved FY 2013 budget included $72,000.00 for replacement of pickups in the Streets Division. Discussion The vehicle specifications awarded under State of Nebraska Contract #13442 OC meet all of the requirements for the Streets Division vehicle. Sid Dillon of Crete, Nebraska submitted a bid with no exceptions in the amount of $20,621.00. There are sufficient funds for this purchase in Account No. 10033501-85615. This new vehicle will allow for the replacement of a 2000 Dodge Ram 1500 ½ ton 4x2 pickup with 104,776 miles, which will be sold at the Police Auction. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/26/2013 Page 65 / 97 Recommendation City Administration recommends that the Council approve the State Bid Award to Sid Dillon of Crete, Nebraska if the amount of $20,621.00 for the 2013 F-150 Ford 4x2 Pickup for the Streets Division of the Public Works Department. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/26/2013 Page 66 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney R E S O L U T I O N 2013-51 WHEREAS, the Streets Division of the Public Works Department for the City of Grand Island, budgeted for a vehicle in the 2012/2013 fiscal year; and WHEREAS, said vehicle, a 2013 F-150 Ford 4x2 pickup, can be obtained from the State Contract holder; and WHEREAS, purchasing the vehicle from the State Contract meets all statutory bidding requirements, and WHEREAS, the funding for such vehicle is provided in the 2012/2013 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2013 F-150 Ford 4x2 pickup in the amount of $20,621.00 from the State Contract holder, Sid Dillon of Crete, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 2/26/2013 Page 67 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G10 #2013-52 - Approving Extension of Residency Requirement Date for Fire Chief Cory Schmidt Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 2/26/2013 Page 68 / 97 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:February 26, 2013 Subject:Extension of Residency Requirement Timeline Item #’s:G-10 Presenter(s): Mary Lou Brown, City Administrator Background According to City Personnel Rules and Regulations, Sec 3.12, “Employees subject to particular residency requirements will establish residency in compliance with that requirement within six (6) months after the calendar day of the start of employment in the City position subject to that residency requirement and will maintain such residency during the term of employment. For purposes of these Personnel Rules and Regulations, residency will mean the employee’s domicile.” Cory Schmidt took the position of Fire Chief on October 1, 2012. The six month period will end on April 1, 2013. Discussion Chief Schmidt began trying to locate a house suitable for his family’s needs shortly after October 1, 2012. He was unable to locate a pre-existing house in the area where his family wanted to reside. As a result, he purchased property located at 550 7th Ave, St. Paul. This property is within 12 miles of the city limits of Grand Island. Construction was delayed due to the winter season. Chief Schmidt is expected to start the construction process in the very near future. He is requesting an extension of six months (October 1, 2013) to allow for completion of the new home. 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 - 2/26/2013 Page 69 / 97 Recommendation City Administration recommends that the Council extend the date for Cory Schmidt to be moved within 12 miles of the city limits to October 1, 2013. Sample Motion Move to approve the requested six month extension to the residency requirement for Fire Chief Cory Schmidt. Grand Island Council Session - 2/26/2013 Page 70 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney R E S O L U T I O N 2013-52 WHEREAS, the City of Grand Island personnel rules allow a six month time period for a newly hired department director to move their domicile within 12 miles of the corporate city limits; and WHEREAS, a request has been made on behalf of Cory Schmidt to extend the allowed time an additional six months but no later than October 1, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that an extension be granted to Cory Schmidt allowing an additional six months to finish construction of new home and establish domicile on or before October 1, 2013. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on February 26, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 2/26/2013 Page 71 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G11 #2013-53 - Approving Supplemental Agreement No. 1 with NDOR and Olsson Associates for Engineering Consulting Services Related to Capital Avenue Widening – Webb Road to Broadwell Avenue Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/26/2013 Page 72 / 97 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:February 26, 2013 Subject:Approving Supplemental Agreement No. 1 with NDOR and Olsson Associates for Engineering Consulting Services Related to Capital Avenue Widening – Webb Road to Broadwell Avenue Item #’s:G-11 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. 2011-124. 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. 2011-283 the City entered into an agreement with Olsson Associates for engineering consulting services for the Capital Avenue Widening – Webb Road to Broadwell Avenue project. The work was to be performed at actual costs with a maximum amount of $354,124.45, plus a fixed-fee-for-profit amount of $44,912.99, for a total agreement amount of $399,037.44. The fixed-fee is computed upon the direct labor or wage costs, indirect labor costs, indirect-non-labor costs, and direct payroll additives. Discussion The original agreement with Olsson Associates and the City is now being supplemented to allow for the following additional services. Potholing for utilities – determine location and depth Grand Island Council Session - 2/26/2013 Page 73 / 97 Additional design – create profiles to identify conflicts with pavement and storm sewer Due to the increase in scope from a three lane to a five lane improvement, potential conflicts with underground utilities owned by Northwestern Gas and Century Link have to be identified. It will be necessary to locate the potential utility conflicts on the design plans to develop alternatives and minimize relocation costs. In order to locate the utilities accurately, pressurized water and a vacuum system will be utilized to remove soil cover and expose underground pipes and cable. Locations and depths of the underground utilizes will be recorded and transferred to topographic drawings. The original agreement is amended and the fixed-fee-for-profit is increased from $44,912.99 to $46,578.62, an increase of $1,665.63. Actual costs are increased from $354,124.45 to $387,316.28, an increase of $33,191.83. The total agreement amount is increased from $399,037.44 to $433,894.90, an increase of $34,857.46 which the Consultant must not exceed without the prior written approval of the LPA. The City’s estimated share will increase from $79,807.49 to $86,778.98, an increase of $6,971.49. Olsson Associates is currently seeking environmental clearance and developing plans and specifications. Relocation of utilities in anticipated to begin in 2014. Construction is anticipated to begin in 2015. 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. 1. . Sample Motion Move to approve the resolution. Grand Island Council Session - 2/26/2013 Page 74 / 97 Grand Island Council Session - 2/26/2013 Page 75 / 97 Grand Island Council Session - 2/26/2013 Page 76 / 97 Grand Island Council Session - 2/26/2013 Page 77 / 97 Grand Island Council Session - 2/26/2013 Page 78 / 97 Grand Island Council Session - 2/26/2013 Page 79 / 97 Grand Island Council Session - 2/26/2013 Page 80 / 97 Grand Island Council Session - 2/26/2013 Page 81 / 97 Grand Island Council Session - 2/26/2013 Page 82 / 97 Grand Island Council Session - 2/26/2013 Page 83 / 97 Grand Island Council Session - 2/26/2013 Page 84 / 97 Grand Island Council Session - 2/26/2013 Page 85 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney R E S O L U T I O N 2013-53 WHEREAS, on May 24, 2011, by Resolution No. 2011-124 the Grand Island City Council approved entering into an agreement with the Nebraska Department of Roads for the Capital Avenue – Webb Road to Broadwell Avenue Project; and WHEREAS, on September 27, 2011, by Resolution No. 2011-283 the Grand Island City Council approved entering into an agreement with Olsson Associates for engineering consulting services for such project; and WHEREAS, the work was to be performed at actual costs with a maximum amount of $354,124.45, plus a fixed-fee-for-profit amount of $44,912.99, for a total agreement amount of $399,037.44, and WHEREAS, the original agreement is now being supplemented to allow for identification of potential conflicts with underground utilities owned by Northwestern Gas and CenturyLink; and WHEREAS, the original agreement is amended and the fixed-fee-for-profit is increased from $44,912.99 to $46,578.62, and increase of $1,665.63. Actual costs are increased from $354,124.45 to $387,316.28, an increase of $33,191.83. The total agreement amount is increased from $399,037.44 to $433,894.90, an increase of $34,857.46 which the Consultant must not exceed without the prior written approval of the LPA; and WHERES, the City’s estimated share will increase from $79,807.49 to $86,778.98, an increase of $6,971.49; and WHEREAS, Supplemental Agreement No. 1 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. 1 with Olsson Associates for engineering consulting services related to Capital Avenue – Webb Road to Broadwell Avenue 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 26, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 2/26/2013 Page 86 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item G12 #2013- 55 - Approving Bid Award for Protective Transport Systems Staff Contact: Steven Lamken Grand Island Council Session - 2/26/2013 Page 87 / 97 Council Agenda Memo From:Steven Lamken Meeting:February 26, 2013 Subject:Bid Approval of Purchase of Protective Transport Systems Item #’s:G-12 Presenter(s):Steven Lamken Background The Police Department needs to equip the new patrol fleet vehicles with transport systems or in layman’s terms protective transport cages for the back seat of the cars. The Department wants to purchase 15 Pro Guard systems for these vehicles. The systems are $1294.50 each, with a rifle rack at $259.40 each, for a cost of $1533.90 plus shipping and a total cost of $24,099.97. The systems are available from Jacks Uniforms and Equipment on State contract number 13010 OC. Discussion The Police Department has budgeted for the purchase of protective transport systems for the new model Ford Police Interceptor patrol cars. The existing systems used in the Ford Crown Victoria patrol cars will not work in the new modes. The Department checked into several brands and models of systems and found the Pro Guard PGP1000INT13A with a single rifle rack to work best. Jacks Uniforms and Equipment through Garon Marketing has the Pro Guard protective transport systems available under Nebraska State contract number 13010 OC for a cost of $1553.90 each including a rifle rack plus shipping for a total cost of $24099.97. The Department is recommending the purchase of fifteen Pro Guard transportation systems from Jacks Uniform and Equipment for $24,099.97 Alternatives Grand Island Council Session - 2/26/2013 Page 88 / 97 It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of 15 Pro Guard Transport Systems from Jacks Uniforms and Equipment under State contract # 13010 OC for the cost of $24,099.97. Sample Motion Move to approve the purchase of 15 Pro Guard Transport Systems from Jacks Uniforms and Equipment under State contract # 13010 OC for the cost of $24,099.97. Grand Island Council Session - 2/26/2013 Page 89 / 97 Grand Island Council Session - 2/26/2013 Page 90 / 97 Grand Island Council Session - 2/26/2013 Page 91 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney R E S O L U T I O N 2013-55 WHEREAS, the City of Grand Island Police Department budgeted for and requires fifteen protective transport systems for new patrol fleet vehicles, and WHEREAS, the Pro Guard model PGP1000INT13A model transport system with rifle rack has been determined to be the best system for the Police Department, and WHEREAS, Jack’s Uniforms and Equipment can sell the above Pro Guard transport systems under State contract number 13010 OC for the cost of $1553.90 each plus shipping for a total cost of $24,099.97, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of $24,009.97 for fifteen Pro Guard transport systems is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 2/26/2013 Page 92 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item I1 #2013-54 - Consideration of Honorary Naming of Capital Avenue; Broadwell Avenue to Webb Road – “Veterans Memorial Avenue” Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 2/26/2013 Page 93 / 97 Council Agenda Memo From:Terry Brown, Manager of Engineering Services Meeting:February 26, 2013 Subject:Approving Honorary Naming of Capital Avenue; Broadwell Avenue to Webb Road – “Veterans Memorial Avenue” Item #’s:I-1 Presenter(s):Terry Brown, Interim Public Works Director Background The section of Capital Avenue from Broadwell Avenue to Webb Road provides access to the Grand Island Veterans Home (GIVH). The GIVH was originally known as the Nebraska Soldiers and Sailors Home and opened in 1887, as the first Veterans’ home in Nebraska. At the February 12, 2013 City Council meeting Resolution No. 2013-40 was approved, showing the support for a community proposal to continue service for Veterans in a new facility in Grand Island. Discussion As an honor to those that currently, have and will serve the United States of America it has been requested that the section of Capital Avenue from Broadwell Avenue to Webb Road is given the honorary name of “Veterans Memorial Avenue”. If approved the Public Works Department would install dedication signs that will be white legend and border on a brown background saying “Veterans Memorial Avenue” complying with the Manual on Uniform Traffic Control Devices Section 2M.10. The signs would be similar to the Tom Osborne Express signs located on section of US Highway 281. Grand Island Council Session - 2/26/2013 Page 94 / 97 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 resolution giving the honorary name of “Veterans Memorial Avenue” to the section Capital Avenue, from Broadwell Avenue to Webb Road. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/26/2013 Page 95 / 97 Approved as to Form ¤ ___________ February 25, 2013 ¤ City Attorney R E S O L U T I O N 2013-54 WHEREAS, the section of Capital Avenue from Broadwell Avenue to Webb Road provides access to the Grand Island Veterans Home (GIVH); and WHEREAS, as an honor to those that currently, have and will serve the United States of America it has been requested that such section of roadway be given the honorary name of “Veterans Memorial Avenue”; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the honorary naming of Capital Avenue from Broadwell Avenue to Webb Road is hereby approved as “Veterans Memorial Avenue”. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Brenda Sutherland, Acting City Clerk Grand Island Council Session - 2/26/2013 Page 96 / 97 City of Grand Island Tuesday, February 26, 2013 Council Session Item J1 Approving Payment of Claims for the Period of February 13, 2013 through February 26, 2013 The Claims for the period of February 13, 2013 through February 26, 2013 for a total amount of $4,969,905.42. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 2/26/2013 Page 97 / 97