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06-11-2013 City Council Regular Meeting Packet City of Grand Island Tuesday, June 11, 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 - 6/11/2013 Page 1 / 185 City of Grand Island Tuesday, June 11, 2013 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Scott Friesen, Berean Bible Church, 4116 West Capital Avenue 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 - 6/11/2013 Page 2 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item C-1 Recognition of Lincoln Highway – Grand Island Seedling Mile to the National Register of Historic Places The following summary paragraph was submitted in the application to the National Register of Historic Places for the Lincoln Highway - Grand Island Seedling Mile: "The Lincoln Highway was envisioned to be a paved, toll free cross-country highway. Organized by the Lincoln Highway Association, which was founded in 1913, supporters propelled the highway into national significance as the nation's first transcontinental automobile route. In one of its earliest and most enthusiastic promotional devices, the Lincoln Highway Association conceived the "Seedling Mile" program just one year following the organization and routing of the Lincoln Highway. The Seedling Mile program demonstrated the value of improved roads, not only to area motorists but also to those traversing the highway long distance. The roadway represents a single event - the construction of Nebraska's first Seedling Mile - and a pattern of events - the Lincoln Highway Association's promotional scheme to demonstrate the value of improved roads. It was also an early "object lesson" in the use of concrete as a permanent, all-weather road surface. The Grand Island section of Seedling Mile, constructed in 1915, was the first of only three that were approved and built in the state. No other example of a Seedling Mile is known to be extant in any of the five states that built Seedling Miles." On April 24, 2013 the Lincoln Highway - Grand Island Seedling Mile was officially listed on the National Register of Historic Places through the United States Department of the Interior, National Park Service. Mayor Vavricek will present the Hall County Historical Society with a certificate denoting this honor. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 6/11/2013 Page 3 / 185 Grand Island Council Session - 6/11/2013 Page 4 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item C-2 Presentation of Police Department Citizen Medal of Honor Award to Brian Rasmussen On Monday evening May 6th at approximately 9:50 pm, a traffic collision occurred at the intersection of 3rd & Broadwell. GIPD officers responded and found one of the vehicles, a passenger van, laying on its side with the occupants still inside the van. The front seat passenger was seriously injured with her arm pinned under the vehicle. The driver was still seat belted in her seat as was a small child seat belted in a car seat in the back of the van. A witness, Brian Rasmussen of Grand Island stopped and assisted Officer David Caldwell and Officer Brandon Kirkley (see attached letter). Officers Caldwell and Kirkley are also going to be awarded a Distinguished Service Medal for their actions during this hectic event. Staff Contact: Steve Lamken Grand Island Council Session - 6/11/2013 Page 5 / 185 May 29, 2013 Brian Rasmussen 4952 Ft. Kearney Road Grand Island, NE 68801 Dear Mr. Rasmussen: The Grand Island Police Department is recognizing the actions of Brian Rasmussen on the evening of May 6, 2013. A serious injury accident occurred at the intersection of 3rd and Broadwell Ave. at approximately 9:50 p.m. One of the involved vehicles, a van turned over on its side and the occupants were unable to exit the vehicle. Brian Rasmussen entered the van through a window and was able to release a one year old child, who was hanging sideways in a car seat. Brian took the child from the van to a safe location with the assistance of other people. Brian then returned to the van and climbed back on the top which was the driver’s side of the vehicle. He began to support the driver who was hanging sideways in the van being held by her seatbelt. The driver was hanging above a seriously injured passenger who was in the front passenger seat. After Officer Caldwell relieved Brian from his position, Brian continued to assist by talking to the two trapped victims calming them. Brian also helped Officer Caldwell by holding the driver’s door off of Caldwell’s body as he supported the driver while firefighters and paramedics extracted the passenger of the vehicle. Brian did all of this without hesitation or regard for his safety. The well being of Grand Island rests with the commitment of the citizens of our community. Brian’s quick actions and willingness to assist officers during this incident goes well beyond expectations. Based upon the recommendations of the officers at the scene, the Grand Island Police Department hereby awards Brian Rasmussen the ‘Citizen Medal of Honor’ for his heroic actions. We congratulate and honor Brian. Sincerely, Steven Lamken Police Chief Grand Island Council Session - 6/11/2013 Page 6 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item E-1 Public Hearing on Acquisition of Two Utility Easements - between 2nd & 3rd Streets, and Broadwell & Harrison Streets - CVS Pharmacy Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 6/11/2013 Page 7 / 185 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:June 11, 2013 Subject:Acquisition of Utility Easements – Between 2nd & 3rd Streets and between Broadwell Avenue & Harrison Street – CVS Pharmacy Item #’s:E-1, G–2 & G-3 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire two easements relative to the property of CVS Pharmacy located between 2nd & 3rd Streets and Broadwell Avenue and Harrison Streets, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines, transformers, water lines and fire hydrants. Discussion The 11’ wide easement along Broadwell Avenue on the east side of the CVS property (#1) will be used to place a public water line and fire hydrant to provide protection for the new building. The 15’ wide easement along Harrison and the west side of the CVS property (#2) will be used to place underground conduit, high voltage cable and a pad-mounted transformer to provide electrical service to the new building. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 6/11/2013 Page 8 / 185 Recommendation City Administration recommends that the Council approve the resolutions for the acquisition of the easements for one dollar ($1.00) each, total two dollars ($2.00). Sample Motion Move to approve acquisition of the two Utility Easements for CVS Pharmacy. Grand Island Council Session - 6/11/2013 Page 9 / 185 Grand Island Council Session - 6/11/2013 Page 10 / 185 Grand Island Council Session - 6/11/2013 Page 11 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item E-2 Public Hearing on Acquisition of Public Utility Easement in Summerfield Estates 5th Subdivision (Little B’s Corporation) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/11/2013 Page 12 / 185 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:June 11, 2013 Subject:Public Hearing on Acquisition of Public Utility Easement in Summerfield Estates 5th Subdivision (Little B’s Corporation) Item #’s:E-2 & G-12 Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public utility easement is needed in the Summerfield Estates 5th Subdivision to accommodate public utilities. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Discussion To allow for the accommodation of public utilities it is requested that a five (5) foot utility easement be acquired by the City of Grand Island on the east side of Lot 6, Block 1 in Summerfield Estates 5th Subdivision. This new easement will allow for the installation of public utilities for new housing within the area. 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 - 6/11/2013 Page 13 / 185 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Easement. Sample Motion Move to approve the acquisition of the Easement. Grand Island Council Session - 6/11/2013 Page 14 / 185 UTILITY EASEMENT LEGAL DESCRIPTION FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R Grand Island Council Session - 6/11/2013 Page 15 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item E-3 Public Hearing on Acquisition of Public Right-of-Way in Summerfield Estates 5th Subdivision (Little B’s Corporation) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/11/2013 Page 16 / 185 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:June 11, 2013 Subject:Public Hearing on Acquisition of Public Right-of-Way in Summerfield Estates 5th Subdivision (Little B’s Corporation) Item #’s:E-3 & G-13 Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. The developer of Summerfield Estates 5th Subdivision, Little B’s Corporation, has offered the dedication of public right-of-way to allow realignment of the east end of Warbler Road to conform to the revised preliminary plat. Discussion To allow for development of Lot Six (6), Block One (1) and Lot Eight (8), Block Two (2) of Summerfield Estates 5th Subdivision it is requested that a portion of each lot be dedicated to the City as public right-of-way (see attached sketches). This public right-of- way will allow for an adequate radius on the east end of Warbler Road. Acquisition of a five (5) foot utility easement is also being presented at tonight’s council meeting on the east side of Lot 6, Block 1 in Summerfield Estates 5th Subdivision. 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 - 6/11/2013 Page 17 / 185 Recommendation City Administration recommends that the Council conduct a Public Hearing and approved acquisition of the public right-of-way. Sample Motion Move to conduct a Public Hearing and approve the acquisition of the public right-of-way. Grand Island Council Session - 6/11/2013 Page 18 / 185 Grand Island Council Session - 6/11/2013 Page 19 / 185 Grand Island Council Session - 6/11/2013 Page 20 / 185 Grand Island Council Session - 6/11/2013 Page 21 / 185 Grand Island Council Session - 6/11/2013 Page 22 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item F-1 #9432 - Consideration of Vacation of a Portion of Lake Street in Palu 2nd Subdivision (Brad and Annette Morse) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/11/2013 Page 23 / 185 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:June 11, 2013 Subject:Consideration of Vacation of a Portion of Lake Street in Palu 2nd Subdivision (Brad and Annette Morse) Item #’s:F-1 Presenter(s):John Collins PE, Public Works Director Background Council action is required for vacation of a public street. Discussion The property owner (Brad and Annette Morse) of 523 West highway 30, Grand Island, Nebraska has requested the west end of Lake Street in Palu 2nd Subdivision be vacated, as this section of roadway is a dead end and will not affect future development of this area. Brad Morse has stated this particular area of Lake Street is not attended to and trash has been allowed to be piled up in this area. The abutting property owners have committed to cleaning up this section of roadway upon approval of such vacation, as the vacation will allow for the ownership to divest equally to each of the abutting property owners. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve or deny. 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 - 6/11/2013 Page 24 / 185 Recommendation City Administration recommends that the Council approve the request for the vacation of a portion of Lake Street. Sample Motion Move to approve the Ordinance. Grand Island Council Session - 6/11/2013 Page 25 / 185 Grand Island Council Session - 6/11/2013 Page 26 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney ORDINANCE NO. 9432 An ordinance to vacate a portion of the public street on the west side of Lake Street; a vacation of right-of-way of part of Lake Street in the City of Grand Island in part of Lot One (1) of Palu Second Subdivision, City of Grand Island, Hall County, Nebraska and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of the public street consisting of a tract of land comprising that portion of Lake Street in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: BEGINNING AT THE SOUTHWEST CORNER OF LOT ONE (1) OF PALU SECOND SUBDIVISION, OF SECTION THIRTY-THREE (33), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., GRAND ISLAND, HALL COUNTY, NEBRASKA, GOING EAST ALONG SOUTH LINE OF SAID LOT ONE (1) OF PALU SUBDIVISION A DISTANCE OF ONE HUNDRED FIFTY (150.0) FEET, THENCE SOUTH TO THE NORTHWEST CORNER OF LOT ONE (1) OF BLOCK THREE (3) OF KNOTT SUBDIVISION, ALONG WEST UPON NORTH LINE OF SAID LOT ONE (1) OF BLOCK • THIS SPACE RESERVED FOR REGISTER OF DEEDS • Grand Island Council Session - 6/11/2013 Page 27 / 185 ORDINANCE NO. 9432 (Cont.) - 2 - THREE (3) OF KNOTT SUBDIVISION A DISTANCE OF ONE HUNDRED FIFTY (150.0) FEET TO NORTHWEST CORNER OF LOT ONE (1) OF BLOCK THREE (3) OF KNOTT SUBDIVISION, THENCE NORTH ENDING AT A DISTANCE OF SIXTY (60.0) FEET TO THE POINT OF THE BEGINNING AND CONTAINING 0.20 ACRES MORE OR LESS. Such public street to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this Ordinance shall revert to the abutting properties. SECTION 3. This Ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 11, 2013 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ June 6, 2013 ¤ City Attorney Grand Island Council Session - 6/11/2013 Page 28 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-1 Approving Minutes of May 28, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 6/11/2013 Page 29 / 185 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 28, 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 May 28, 2013. Notice of the meeting was given in The Grand Island Independent on May 22, 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 Clerk RaNae Edwards, City Attorney Robert Sivick and Public Works Director John Collins. INVOCATION was given by Pastor Sylvia Karlsson, St. Paul Lutheran Church, 1515 South Harrison Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Kerrigan Anspauch. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Pandemic 2013 – Zombies in the Heartland” May 31 – June 2, 2013. Mayor Vavricek proclaimed May 31 – June 2, 2013 as “Pandemic 2013 – Zombies in the Heartland”. Steve Hornady was present to receive the proclamation and commented on the event. Proclamation “Tourism Recognition Month” May 2013. Mayor Vavricek proclaimed the month of May 2013 as “Tourism Recognition Month”. Convention and Visitors Bureau Executive Director Brad Mellema was present to receive the proclamation and commented on impact of tourism in Grand Island. PUBLIC HEARINGS: Public Hearing on Request from Besi and Zeki, LLC dba Napoli’s Italian Restaurant, 3421 Conestoga Drive for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from Besi and Zeki, LLC dba Napoli’s Italian Restaurant, 3421 Conestoga Drive. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on April 30, 2013; notice to the general public of date, time, and place of hearing published on May 18, 2013; notice to the applicant of date, time, and place of hearing mailed on April 30, 2013; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Request from Sunrise Restaurants, LLC dba Denny’s, 3333 Ramada Road for an Addition to Class “I-98966” Liquor License. City Clerk RaNae Edwards reported that an application for an addition to Class “I-98966” Liquor License had been received from Sunrise Restaurants, LLC dba Denny’s, 3333 Ramada Road. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by Grand Island Council Session - 6/11/2013 Page 30 / 185 Page 2, City Council Regular Meeting, May 28, 2013 the City on May 9, 2013; notice to the general public of date, time, and place of hearing published on May 18, 2013; notice to the applicant of date, time, and place of hearing mailed on May 10, 2013; along with Chapter 4 of the City Code. The addition would be for 103’ x 76’ Conference Center. Staff recommended approval with the following conditions: 1) completing the installation of emergency egress windows, and 2) submission of a concept plan for code compliance. Andy Zahar representing Denny’s spoke in support. No further public testimony was heard. Public Hearing on Request to Rezone Property Located South of Capital Avenue West of the Moores Creek Drainway from RD Residential Development to Amended RD Residential Development Zone. Regional Planning Director Chad Nabity reported that this request to rezone Sterling Estates 2nd Subdivision would permit the construction of 5 additional detached garage buildings in conjunction with the first phase of the development. Staff recommended approval. No public testimony was heard. Public Hearing Concerning the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens’ Review Committee on the Economic Development Program Plan. Lisa Willman, Chair of the Citizens’ Review Committee gave the Semi-Annual Report for the Citizens’ Review Committee. Ms. Willman gave background information of the LB 840 Plan and reported a public hearing for the semi-annual report was required. The Citizens’ Review Committee met on May 21, 2013 and approved the report. Ann Martin, Chair of the Grand Island Economic Development Board of Trustees reported that we neared the final months of the tenth year of the Local Option Plan, LB-840. Nineteen projects had been approved over the past years creating 1,188 direct jobs with an economic impact of over $36.6 million in payroll. Mentioned was the development of the Platte Valley Industrial Park East, sewer extension to Interstate 80, Career Pathways Institute, Revitalization of Downtown, and Legislation. The top priority for this year was to insure the Grand Island Veterans Home stayed in Grand Island. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Right-of-Way in Summerfield Estates 5th Subdivision (Little B’s Corporation). This item was pulled off the agenda at the request of Greg Baxter, owner. Public Hearing for Neighborhood Stabilization Program Income Reuse Program. Community Development Administrator Marco Floreani reported that currently the City had $583,603.15 of Neighborhood Stabilization Program (NSP) generated program income to be allocated under the guidelines of the City of Grand Island Program Income Reuse Plan for Neighborhood Stabilization Program (NSP1). The program guidelines had been reviewed and approved by the Nebraska Department of Economic Development. Approval by the Council would allow the release of NSP Program Income and fund NSP1 eligible activities. Staff recommended approval. Lewis Kent, 624 Meves Avenue spoke in support. No further public testimony was heard. ORDINANCES: #9426 – Consideration of Annexation of Ummel Second Subdivision Located North of Bronco Road and East of Shady Bend Road (Third Reading) Grand Island Council Session - 6/11/2013 Page 31 / 185 Page 3, City Council Regular Meeting, May 28, 2013 Regional Planning Director Chad Nabity reported this was the third of three readings for the annexation of Ummel Second subdivision. Mentioned was that sewer and water were not available at this time. City Clerk RaNae Edwards read it by title only. Motion by Dugan, second by Donaldson to approve Ordinance #9426. Upon roll call vote, all voted aye. Motion adopted. Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9430 – Consideration of Request to Rezone Property Located South of Capital Avenue West of the Moore’s Creek Drainway from RD Residential Development to Amended RD Residential Development Zone #9431 – Consideration of Amending Chapter 27 of the Grand Island City Code Relative to Purchasing be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9430 – Consideration of Request to Rezone Property Located South of Capital Avenue West of the Moore’s Creek Drainway from RD Residential Development to Amended RD Residential Development Zone Regional Planning Director Chad Nabity reported this item related to the aforementioned Public Hearing. Motion by Gilbert, second by Minton to approve Ordinance #9430. City Clerk: Ordinance #9430 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 #9430 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 #9430 is declared to be lawfully adopted upon publication as required by law. #9431 – Consideration of Amending Chapter 27 of the Grand Island City Code Relative to Purchasing Assistant City Attorney Stacy Nonhof reported that Ordinance #9431 would amend Chapter 27 of the City Code to approve the use of the State Contract list and other buying groups for City departments. Mentioned was that this would allow the use of state bids but would not require it in all purchases. All cooperative agreements would have to be approved by the Council. Grand Island Council Session - 6/11/2013 Page 32 / 185 Page 4, City Council Regular Meeting, May 28, 2013 Motion by Donaldson, second by Niemann to approve Ordinance #9431. City Clerk: Ordinance #9431 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 #9431 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 #9431 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-8 was pulled from the agenda. Consent Agenda item G-3 was removed for further discussion. Motion by Gilbert, second by Nickerson to approve the Consent Agenda excluding items G-3 and G-8. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 14, 2013 City Council Regular Meeting. Approving Minutes of May 21, 2013 City Council Study Session. Approving the Appointments of Eric Olson and Todd Dvorak to the Police Pension Committee. City Attorney Robert Sivick reported that the Police Pension Committee was created under the Police Officer Retirement Act. Explained was the process of appointments to the committee. State Statutes required Police Officers to be elected by their peers. Discussion was held regarding the requirement of Council approval. Past practice had been for Council to approve the appointments. Motion by Gericke, second by Niemann to approve the appointments of Erick Olson and Todd Dvorak to the Police Pension Committee. Upon roll call vote, Councilmembers Minton, Dugan, Gericke, Gilbert, Nickerson, Hehnke, Haase, Donaldson, and Niemann voted aye. Councilmember Paulick voted no. Motion adopted. #2013-151 – Approving Final Plat and Subdivision Agreement for Ummel Second Subdivision. It was noted that Tommy Ummel Jr., owner had submitted the Final Plat and Subdivision Agreement for Ummel Second Subdivision for the purpose of creating 5 lots located north of Bronco Road and east of Shady Bend Road containing 36.003 acres. #2013-152 – Approving the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens’ Review Committee on the Economic Development Program Plan. #2013-153 – Approving Addendum to SCALES Agreement to Include the City of Cozad. #2013-154 – Approving Pipeline Crossing Agreement with UPRR for Water Main District 466T – Airport Road in an Amount of $2,500.00. Grand Island Council Session - 6/11/2013 Page 33 / 185 Page 5, City Council Regular Meeting, May 28, 2013 #2013-155 – Approving Acquisition of Public Right-of-Way in Summerfield Estates 5th Subdivision (Little B’s Corporation). This item was pulled off the agenda at the request of Greg Baxter, owner. #2013-156 – Approving Continuation of Street Improvement District No. 1261; Westgate Road – North Road East to Paved Section of Westgate Road. #2013-157 – Approving Deferral of Assessments for Agricultural Property Located within the Boundaries of Street Improvement District No. 1261; Westgate Road – North Road East to Paved Section of Westgate Road. REQUESTS AND REFERRALS: Consideration of Liquor Manager Designation for Candace Rivera, 2815 West Capital Avenue for Red Lobster Restaurant #0734, 3430 West 13th Street. City Clerk RaNae Edwards reported that staff recommendation was to deny the request based upon the Police Department report with regards to the potential character of Candy Rivera and false application. Candace Rivera, 2815 West Capital Avenue spoke in support. Council commented on the importance of the Police Department investigation and supporting their recommendation. Motion by Gilbert, second by Nickerson to deny the request from Candace Rivera, 2815 West Capital based upon the Police Department report with regards to potential character and false application. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2013-158 – Consideration of Request from Besi and Zeki, LLC dba Napoli’s Italian Restaurant, 3421 Conestoga Drive for a Class “I” Liquor License and Liquor Manager Designation for Florim Ramadani, 5011 Starling Drive, Lincoln, NE. This item related to the aforementioned Public Hearing. Motion by Gilbert, second by Haase to approve Resolution #2013-158. Upon roll call vote, all voted aye. Motion adopted. #2013-159 – Consideration of Request from Sunrise Restaurants, LLC dba Denny’s, 3333 Ramada Road for an Addition to Class “I-98966” Liquor License. This item related to the aforementioned Public Hearing. Motion by Haase, second by Minton to approve Resolution #2013-159 with the following conditions: 1) completing the installation of emergency egress windows, and 2) submission of a concept plan for code compliance. Upon roll call vote, all voted aye. Motion adopted. #2013-160 – Consideration of Economic Development Incentive Agreement with CNH America, LLC (Case New Holland). Ann Martin, Chair of the Grand Island Area Economic Development Corporation Board of Trustees reported that an application had been made by CNH America, LLC – Case New Holland for a $500,000 forgivable LB 840 loan for job creation and training of 100 new employees. Discussion was held regarding the incentive fund balance. Denise McGovern-Gallagher Grand Island Council Session - 6/11/2013 Page 34 / 185 Page 6, City Council Regular Meeting, May 28, 2013 representative of the EDC stated there were enough funds to cover all applications with some carry over funds. Motion by Niemann, second by Minton to approve Resolution #2013-160. Upon roll call vote, all voted aye. Motion adopted. #2013-161 – Consideration of Economic Development Incentive Agreement with Chief Industries, Inc. Ann Martin, Chair of the Grand Island Area Economic Development Corporation Board of Trustees reported that an application had been made by Chief Industries, Inc. for a $305,800 forgivable LB 840 loan for infrastructure, job creation, and training for 41 new jobs. Motion by Niemann, second by Gericke to approve Resolution #2013-161. Upon roll call vote, all voted aye. Motion adopted. #2013-162 – Consideration of Economic Development Incentive Agreement with Central Community College. Ann Martin, Chair of the Grand Island Area Economic Development Corporation Board of Trustees reported that an application had been made by Central Community College (CCC) for a $95,000 forgivable LB 840 loan for additional equipment for the Industrial Academy. The following people spoke in support: Mike Calvert, CCC Campus President Larry Glaser, CCC Business Officer Debra Brennan, CCC Executive Vice-President Ann Martin, GIAEDC Board Chair Mr. Sivick commented on state statutes regarding the types of incentives LB 840 could be used for. It was his opinion that this application fell within the law. Comments were made of the importance of the college, but that LB 840 was to be used for businesses and creating jobs which could be defined by numbers. Mentioned was that CCC had their own taxing authority. Lisa Willman, Chair of the Citizens’ Review Committee (CRC) commented on the reasons the CRC denied this request. Mr. Glaser answered questions concerning the application. They currently had 30 welding stations and wanted to add 10 more. Construction would take three to four months. Comments were made about the importance of training. A lengthy discussion was held regarding the state statutes with regards to the principal source of income to qualify. Fund raising was mentioned. Motion by Gericke, second by Minton to approve Resolution #2013-162. Upon roll call vote, Councilmembers Paulick, Gericke, Hehnke, Haase, Donaldson, and Niemann voted aye. Councilmembers Minton, Dugan, Gilbert, and Nickerson voted no. Motion adopted. #2013-163 – Consideration of Approving Elimination of Proposed Street Right-of-Way in a Portion of Voss Subdivision (Michael P. Graham). Public Works Director John Collins reported that a request had been received from Michael P. Graham at 3135 E. Highway 30 to vacate a proposed street right-of-way in Lot 4 of Voss Subdivision. The elimination would clear up records on properties associated with this proposed street and allow for redevelopment/building Grand Island Council Session - 6/11/2013 Page 35 / 185 Page 7, City Council Regular Meeting, May 28, 2013 construction on this lot, as the City had no future plans for a street in this location. Staff recommended approval. Motion by Dugan, second by Minton to approve Resolution #2013-163. Upon roll call vote, all voted aye. Motion adopted. #2013-164 – Consideration of Approving Neighborhood Stabilization Program Income Reuse Program. This item related to the aforementioned Public Hearing. A detailed explanation of the program was given and who was eligible. Comments were made on the success of the program. Motion by Minton, second by Donaldson to approve Resolution #2013-164. Upon roll call vote, all voted aye. Motion adopted. #2013-165 – Consideration of (1) Approving Contract for Grand Generation Center Roof Repair and (2) Funding for Roof and Drainage Repairs. Building Department Director Craig Lewis reported that three proposals were received on May 14, 2013 for the roof repairs or replacement to the western section of the Senior Citizens Center at 304 East 3rd Street. The best responsive proposal was received from Weathercraft Co. of Grand Island, NE for a total of $62,986.00. Also, based on discussion at the May 21, 2013 study session, any remaining balance of the City’s budgeted appropriation of $100,000.00 would be directed first to repairs of the middle section of the roof and then to the modification of parking lot drainage. If the $100,000.00 appropriation was exceeded by these three repairs, the Public Works Department would absorb up to the complete parking/drainage repair cost in its current fiscal year budget. Comments were made regarding the $100,000 budget. Mentioned was the timing of getting the project done before the weather turned cold. Mr. Collins explained the process of fixing the alley and parking lot. Motion by Gilbert, second by Donaldson to amend and strike paragraph six and reference of Public Works paying for remaining balance with a cap of $100,000. Upon roll call vote, Councilmembers Gilbert, Donaldson and Niemann voted aye. Councilmembers Minton, Paulick, Dugan, Gericke, Nickerson, Hehnke, and Haase voted no. Motion failed. Motion by Niemann, second by Gericke to approve Resolution #2013-165. Upon roll call vote, Councilmembers Minton, Paulick, Dugan, Gericke, Nickerson, Hehnke, Haase, and Niemann voted aye. Councilmembers Gilbert and Donaldson voted no. Motion adopted. #2013-166 – Consideration of Request for Approval of Transfer of Building Located at 1306 West 3rd Street and Related Department Relocations. Building Department Director Craig Lewis reported that at the May 21, 2013 study session, city staff presented a proposal to transfer the property at 1306 West 3rd Street to the Utilities Department which would lead to the relocation of Utilities Engineering, Emergency Management, Information Technology and Human Resources, in addition to the expansion of Finance. The first step was to request an appraisal of the property at 1306 West 3rd Street to establish the current market value of the property. Discussion was held regarding the timing of relocations. Mr. Lewis stated each stop would come back to Council regarding bids and it would take many years to complete. Mr. Sivick stated the Grand Island Council Session - 6/11/2013 Page 36 / 185 Page 8, City Council Regular Meeting, May 28, 2013 intent of the Resolution was to get an appraisal to obtain a fair market value before the transfer of this property to the Utilities Department. Motion by Gericke, second by Niemann to approve Resolution #2013-166. Motion by Gilbert, second by Dugan to remove paragraph three. Upon roll call vote, Councilmembers Minton, Paulick, Dugan, Gilbert, Nickerson, Hehnke, Haase, Donaldson and Niemann voted aye. Councilmember Gericke voted no. Motion adopted. Upon roll call vote of the main motion, all voted aye. Motion adopted. #2013-167 – Consideration of Funding the Community Offering and Approving Authorized Official to retain the Grand Island Veterans Home. Mayor Vavricek explained the history of the Grand Island Veterans Home and the importance of keeping it here in Grand Island. Cindy Johnson, President of the Chamber of Commerce reported on the competitive process of this project. Mentioned was that Council was being asked to approve the City’s financial commitment of funding not to exceed three million dollars and the authorizing official, which would be the Mayor. The following people spoke in support: Paul Wicht, 1708 Jerry Drive James Dugg, 2411 Cochin Lewis Kent, 624 Meves Avenue Ken Gnadt, 1610 Gretchen Ann Martin, Doniphan Comments were made regarding Grand Island meeting the needs of the Veterans Home. Ms. Johnson explained the proposal required funds to be available probably in 2016/2017 time frame. The City would have time to come up with the $3 million. Mentioned was the city was only one piece of the project. Community partners and donations were the others. Motion by Niemann, second by Haase to approve Resolution #2013-167. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of May 15, 2013 through May 28, 2013, for a total amount of $4,292,555.49. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 10:37 p.m. RaNae Edwards City Clerk Grand Island Council Session - 6/11/2013 Page 37 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-2 #2013-168 - Approving Acquisition of Utility Easement (#1 - NE Corner - Water and Fire Hydrants) between 2nd & 3rd Streets and Broadwell & Harrison Streets - CVS Pharmacy This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 6/11/2013 Page 38 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-168 WHEREAS, a public utility easement is required by the City of Grand Island, from CVS Pharmacy, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including water lines and fire hydrants; and; WHEREAS, a public hearing was held on June 11, 2013, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: From the point of beginning being the Northeast corner of Lot One (1) of CVS First Subdivision located along the south right-of-way line of West 3rd Street and the west right-of-way line of North Broadwell Avenue; thence along said west right-of-way line of North Broadwell Avenue also being the east line of said Lot One (1) S 29'38' 30" E, a distance of 126.20'; thence leaving said east line of said Lot One (1) and said west right-of way line of North Broadwell Avenue 60' 30' 49" W, a distance of 17.09'; thence N 29' 29' 11" W, a distance of 22.00'; thence N 60' 39' 49" E, a distance of 6.04'; thence N 29' 38' 30" W, a distance of 86.12'; thence S 60° 30' 49" W, a distance of 33.02'; thence N 29° 29' 11" W, a distance of 18.08' to a point located along the north line of said Lot One (1) and said south right-of-way line of West 3rd Street; thence along said north line of said Lot One (1) and said south right-of way line of West 3rd Street N 60° 30' 49" E, a distance of 43.96' to the point of beginning. Said easement to contain 0.049 acres of land. The above-described easement and right-of-way containing 0.049 acres, more or less, as shown on the plat dated 03/08/2013 marked Exhibit "Water Line Easement", attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from CVS Pharmacy, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 39 / 185 Grand Island Council Session - 6/11/2013 Page 40 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-3 #2013-169 - Approving Acquisition of Utility Easement (#2 - NW Corner - Electrical) between 2nd & 3rd Streets and Broadwell Avenue & Harrison Street - CVS Pharmacy This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/11/2013 Page 41 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-169 WHEREAS, a public utility easement is required by the City of Grand Island, from CVS Pharmacy, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on June 11, 2013, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: From the point of commencement being the northwest corner of Lot One (1) of CVS First Subdivision located along the south right-of-way line of West 3rd Street and the east right-of-way line of North Harrison Street; thence along the west line of said Lot One (1) and the east line of North Harrison Street right-of- way line S 29°38'32" E, a distance of 53.74' to the point of beginning; thence leaving said west line of Lot One (1) and said east right-of-way line of North Harrison Street N 60°21'28" E, a distance of 15.00'; thence S 29°38'32" E, a distance of 20.00'; thence S 60°21'28" W, a distance of 15.00' to a point located on the west line of said Lot One (1) and said east right-of-way line of North Harrison Street; thence along said west line of Lot One (1) and said east right of-way line of North Harrison Street N 29°38'32" W, a distance of 20.00' to the point of beginning. Said easement to contain 0.007 acres of land. The above-described easement and right-of-way containing 0.007 acres, more or less, as shown on the plat dated 03/08/2013 marked Exhibit "Utility Easement", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from CVS Pharmacy, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 42 / 185 Grand Island Council Session - 6/11/2013 Page 43 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-4 #2013-170 - Approving Bid Award - 2014 Truck with 55 Ft. Articulating Overcenter Aerial Device - Line Division, Utilities Dept. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/11/2013 Page 44 / 185 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, City Attorney Meeting:June 11, 2013 Subject:2014 Truck with 55 Foot Articulating Overcenter Aerial Device - Electric Overhead Division Item #’s:G-4 Presenter(s):Timothy Luchsinger, Utilities Director Background The Electric Overhead Division of the Utilities Department has a 2000 International Model 4900 truck with a Terex Telelect Model 5TC-55 aerial device that was offered for trade on a new 55’ truck. The existing vehicle has 43,982 miles, and the hour meter has 9,250 hours, which is equivalent to approximately 270,000 miles on the engine and power transmission equipment. Discussion Specifications for replacement of Unit #54 were prepared by Department staff, advertised in accordance with the City Purchasing Code, sent to nine potential bidders, and posted on the City’s Web Site. The bids were publically opened on May 21, 2013. Three bids were received as tabulated below. The estimated amount for this replacement vehicle is $240,000. Bidder Base Bid Trade-in Net Bid Hansen International Truck,$221,939 $17,500 $204,439 Grand Island, NE Terex Utilities,$227,143 $17,500 $209,643 Watertown, SD Drake Scruggs Equipment $220,927 $17,200 $203,727 Springfield, IL Grand Island Council Session - 6/11/2013 Page 45 / 185 The bids were reviewed by Department staff as follows. All three companies had exceptions to the specifications. The bids from Terex and Hansen International are both for the same aerial device, a Terex Hi-Ranger SCM55, but different chassis. The major exception that affects the bid negatively is the platform capacity on the Terex, which is 700 lbs., compared to 750 lbs. on the Drake Scruggs unit. The Drake Scruggs unit does not have a 24 inch vertical platform lift, or a platform rest that pivots, which causes uneven bucket support. The fiberglass body on the Drake Scruggs unit is 6 inches shorter than specified which does not leave the needed space for aerial tools. It also does not have a required tail shelf or sub-base needed for storage. The Drake Scruggs unit has sufficient exceptions that it was determined to be non-compliant with the specifications. The Department recommends that the 2014 Truck with 55 Foot Articulating Overcenter Aerial Device from Hansen International Truck, Inc., of Grand Island Nebraska, in the amount of $204,439.00, as the low responsive bid for the replacement unit for the Line Division’s Unit 54. The total base bid is $221,939.00, less the trade-in of $17,500.00, for a final price of $204,439.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the 2014 Truck with 55 Foot Articulating Overcenter Aerial Device for the Line Division, from Hansen International Truck, Inc., of Grand Island, Nebraska, in the amount of $204,439.00, including trade-in. Sample Motion Move to approve the purchase of a 2014 Truck with 55 Foot Articulating Overcenter Aerial Device from Hansen International Truck, Inc., of Grand Island, Nebraska, in the account of $204,439.00, including trade-in. Grand Island Council Session - 6/11/2013 Page 46 / 185 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:May 21, 2013 at 2:00 p.m. FOR:2013 Truck with 55’ Articulating Overcenter Aerial Device DEPARTMENT:Utilities ESTIMATE:$240,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:April 29, 2013 NO. POTENTIAL BIDDERS:9 SUMMARY Bidder:Terex Utilities San Antonio, TX Exceptions:Noted Make:Freightliner M2 106 Base Bid Price:$227,143.00 Less Trade-In:$ -17,500.00 Final Bid:$209,643.00 Bidder:Drake Scruggs Equipment, Inc.Hansen International Truck, Inc. Springfield, IL Grand Island, NE Exceptions:Noted Noted Make:Not Listed International Base Bid Price:$220,927.00 $221,939.00 Less Trade-In:$ -17,200.00 $ -17,500.00 Final Bid:$203,727.00 $204,439.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Pat Gericke, Utilities Admin. Assist. Bryan Fiala, Elec. Line Superintendent Jaye Monter, Finance Director P1649 Grand Island Council Session - 6/11/2013 Page 47 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-170 WHEREAS, the City of Grand Island invited sealed bids for a 2014 Truck with 55 foot Articulating Overcenter Aerial Device, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 21, 2013, bids were received, opened and reviewed; and WHEREAS, Hansen International Truck, Inc., of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $204,439.00, including trade-in; and WHEREAS, the bid Hansen International Truck, Inc., is less than the estimate for the 2014 Truck with 55 foot Articulating Overcenter Aerial Device. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Hansen International Truck, Inc., of Grand Island, Nebraska, in the amount of $204,439.00, including trade-in, for a 2014 Truck with 55 foot Articulating Overcenter Aerial Device, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 48 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-5 #2013-171 - Approving Bid Award - Vibration Monitoring Upgrades at Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/11/2013 Page 49 / 185 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:June 11, 2013 Subject:Vibration Monitoring Upgrades Item #’s:G-5 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Vibration Monitoring System at Platte Generating System monitors the amount of vibration on all turbine and generator components. It also monitors all critical plant motors and pumps. The system is used by plant personnel to proactively maintain and troubleshoot critical equipment before failure occurs. The existing system has become obsolete and is no longer supported by the manufacturer, which means there is no guarantee of receiving replacement components in a timely manner, or at all. This project is necessary to modernize the existing system to ensure continued reliability in monitoring critical plant equipment. Discussion The specifications for the Vibration Monitoring Upgrades were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on May 29, 2013. The engineer’s estimate for this project was $240,000. Optional Adjusted Bidder Bid Price System Optimization Bid Price Metrix Instrument Co. Houston, TX $149,679.60 $7,615.00 $157,294.60 Bently Nevada Minden, NV $189,397.79 $15,714.00 $205,111.79 The bids were reviewed by plant engineering staff. An alternative bid item for additional system optimization after installation was requested in the bid documents. This bid item was deemed justifiable at the alternative bid price given by Metrix Instrument Company. Grand Island Council Session - 6/11/2013 Page 50 / 185 This bid is otherwise compliant with the specification and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council award the Contract for the Vibration Monitoring Upgrades at Platte Generating Station, to Metrix Instrument Company of Houston, Texas, as the lowest responsive bidder, with the bid price of $157,294.60. Sample Motion Move to approve the bid from Metrix Instrument Company for the Vibration Monitoring Upgrades at Platte Generating Station, in the amount of $157,294.60. Grand Island Council Session - 6/11/2013 Page 51 / 185 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:May 29, 2013 at 2:00 p.m. FOR:Vibration Monitoring Upgrades DEPARTMENT:Utilities ESTIMATE:$240,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:May 11, 2013 NO. POTENTIAL BIDDERS:2 SUMMARY Bidder:Bently Nevada, Inc.Metrix Instrument Co. Minden, NV Houston, TX Bid Security:Travelers Casualty & Surety Co.Cashier’s Check Exceptions:Noted None Bid Price: Material:$115,897.00 $ 70,180.00 Labor:$ 65,388.00 $ 74,587.00 Sales Tax: Not Included $ 10,134.00 Total Bid:$181,285.00 $154,900.00 Alternate Bid:$ 15,714.00 $ 7,615.00 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Ryan Schmitz, Utility Production Eng. P1652 Grand Island Council Session - 6/11/2013 Page 52 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-171 WHEREAS, the City of Grand Island invited sealed bids for Vibration Monitoring Upgrades at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 29, 2013, bids were received, opened and reviewed; and WHEREAS, Metrix Instrument Company of Houston, Texas, 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 $157,294.60; and WHEREAS, the bid of Metrix Instrument Company is less than the estimate for the Vibration Monitoring Upgrades at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Metrix Instrument Company in the amount of $157,294.60, for Vibration Monitoring Upgrades is hereby approved as the lowest responsible bid and the Mayor is hereby authorized to, on behalf of the City, execute the contract between the City of Grand Island and Metrix Instrument Company. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 53 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-6 #2013-172 - Approving Bid Award - Fire Enclosure and Control Room Roof Replacements at Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/11/2013 Page 54 / 185 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:June 11, 2013 Subject:Fire Enclosure and Control Room Roof Replacements at Platte Generating Station Item #’s:G-6 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The fire enclosure roof is located on the fifth floor of the Platte Generating Station and is original to the plant. It is a 4-ply asphalt roof. Over time, the asphalt has degraded to the point that it leaks in many areas. This project involves replacing the roof and underlying insulation. The new roof will have a 90 mil EPDM surface with a 30-year warranty. The control room roof was installed in 1995 and is located above the third floor control room area at the Platte Generating Station. The existing roof is a 60 mil EPDM roof and leaks in several locations. These leaks are over critical power plant controls in the control room. The project involves replacing the roof and underlying insulation. The new roof will have a 90 mil EPDM surface with a 30-year warranty. Discussion The specifications for the Fire Enclosure and Control Room Roof Replacements were advertised and issued for bid in accordance with the City purchasing code. Bids were publicly opened on May 30, 2013. The engineer’s estimate for this project was $300,000.00. Optional Adjusted Bidder Bid Price 90-mil EPDM Bid Price Weathercraft Co. Grand Island, NE $ 228,258.00 $8,836.00 $ 237,094.00 Grand Island Council Session - 6/11/2013 Page 55 / 185 The bid was reviewed by plant engineering staff. The bid from Weathercraft Company recommended an upgrade to the 90-mil EPDM for better puncture resistance which is acceptable to plant engineering staff. Otherwise, their bid is compliant with specifications and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for the Fire Enclosure and Control Room Roof Replacements to Weathercraft Company, of Grand Island, Nebraska, in the amount of $237,094.00. Sample Motion Move to approve the bid from Weathercraft Company for the Fire Enclosure and Control Room Roof Replacements at Platte Generation Station, in the amount of $237,094.00. Grand Island Council Session - 6/11/2013 Page 56 / 185 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:May 30, 2013 at 2:00 p.m. FOR:Fire Enclosure & Control Room Roof Replacement 2013 DEPARTMENT:Utilities ESTIMATE:$300,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:May 16, 2013 NO. POTENTIAL BIDDERS:2 SUMMARY Bidder:Weathercraft Co. Grand Island, NE Bid Security:Universal Surety Co. Exceptions:Noted Bid Price: Material:$ 74,316.00 Labor:$ 95,668.00 Sales Tax: ----___ Total Bid:$228,258.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Ryan Schmitz, Utility Production Eng.Karen Nagel, Utilities Secretary P1653 Grand Island Council Session - 6/11/2013 Page 57 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-172 WHEREAS, the City of Grand Island invited sealed bids for Fire Enclosure and Control Room Roof Replacement at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 30, 2013, bids were received, opened and reviewed; and WHEREAS, Weathercraft Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $237,094.00; and WHEREAS, the bid of Weathercraft Company is less than the estimate for the Fire Enclosure and Control Room Roof Replacement at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Weathercraft Company, in the amount of $237,094.00, for the Fire Enclosure and Control Room Roof Replacement at Platte Generating Station, is hereby approved as the lowest responsible bid and the Mayor is hereby authorized to, on behalf of the City, execute the contract between the City of Grand Island and Weathercraft Company. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 58 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-7 #2013-173 - Approving 2014 Coal Purchase for Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/11/2013 Page 59 / 185 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:June 11, 2013 Subject:Bid Award –2014 Coal Supply Contract, Platte Generating Station – Utilities Department Item #’s:G-7 Presenter(s):Timothy Luchsinger, Utilities Director Background On June 12, 2012, the City of Grand Island entered into an Agreement with Western Fuels Association for managing the purchase of coal for the Platte Generating Station. Western Fuels solicited bids on the purchase of 300,000 tons of coal that is needed for 2014. Bids were evaluated on heat content of the bid coal, total delivered price including freight cost, and value of the sulfur content of the bid coal: Heat Content – the heat content of Powder River Basin Coals can vary as much as 15%. Freight Costs – are included in the evaluation to determine a total delivered cost at Platte Generating Station. Sulfur Content – in order to operate a coal fired power plant, environmental regulation requires a plant to hold “Emissions Allowances” for regulated sulfur emissions. The allowances are regularly bought and sold by utilities as economic conditions warrant and EPA administers the markets. The price of sulfur allowances for use of each bid coal is a factor in the evaluation. Discussion Western Fuels has provided the separately attached confidential analysis of the bids received. The Department concurs in Western Fuels Association recommendation that the Grand Island Council Session - 6/11/2013 Page 60 / 185 Coal Supply Contract for 2014 for approximately 300,000 tons be awarded to the low compliant bidder, Alpha Coal Sales from the Belle Ayr Mine. 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 Coal Supply Contract for 2014 with Alpha Coal Sales from the Belle Ayr Mine, for approximately 300,000 tons of coal. Sample Motion Move to approve the Coal Supply Contract for 2014 with Alpha Coal Sales from the Belle Ayr Mine for approximately 300,000 tons of coal. Grand Island Council Session - 6/11/2013 Page 61 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-173 WHEREAS, the City Electric Department through Western Fuels Association, invited bids for the 2014 Coal Supply for the Utilities Department, according to the contract specifications; and WHEREAS, it was stipulated that bid prices and/or final award prices would not be publicly disclosed; and WHEREAS, Western Fuels Association reviewed and evaluated the bids for compliance with the specifications and for delivered cost; and WHEREAS, Alpha Coal Sales, submitted bids in accordance with the terms of the advertisement of bids and the contract specifications and all other statutory requirements contained therein; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Alpha Coal Sales, for the 2014 Coal Supply to Platte Generating Station for approximately 300,000 tons from the Belle Ayr Mine, is approved as the lowest responsive bid submitted. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 62 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-8 #2013-174 - Approving Microsoft Licensing Enterprise Agreement Staff Contact: Jaye Monter Grand Island Council Session - 6/11/2013 Page 63 / 185 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:June 11, 2013 Subject:Approving Microsoft Licensing Enterprise Agreement Item #’s:G-8 Presenter(s):Jaye Monter, Finance Director Background In 1997, the City of Grand Island installed a network at City Hall and made the determination to standardize the organization with Microsoft products. Since 2004 the City has entered into 3 year contracts for Microsoft license renewals. Council adopted Resolution 2010-169 approving an agreement for Microsoft software license renewals for a 3 year period which will end June 30, 2013. This three year agreement provides licensing for Microsoft products installed on 499 qualified desktops, laptops and servers owned by the City of Grand Island with the exception of the Public Library. The Public Library receives separate Microsoft pricing through TechSoup, a 501(c)(3) nonprofit that provides donated and discounted products and services to nonprofits, charities, and public libraries. The types of licenses included in this agreement are Windows Operating systems, Office Professional, Windows Servers, Exchange Email Server licenses, and Core Client Access licenses. Our agreement also includes Software Assurance benefits, which allow upgrades to the highest version release available throughout the term of the agreement. Discussion Based on the number of users/desktops for the State of Nebraska pool, the City of Grand Island receives the lowest software pricing available for the proposed Microsoft Enterprise Agreement currently held by En Pointe Technologies Sales Inc., 18701 S. Figueroa St, Gardena, CA 90248, a Nebraska State Contract reseller. This agreement is for a term of 36 months beginning July 1, 2013 through June 30, 2016 and is payable in three annual installments of $86,321.04 for a total of $258,963.12. There is also a required annual true-up cost for changes each year. The final true-up cost for the last year Grand Island Council Session - 6/11/2013 Page 64 / 185 of contract ending June 2013 is $1,713.00. The Microsoft Licensing agreement costs are included in the Information Technology Division budget. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the three year Enterprise Agreement of Microsoft licenses. 2.Disapprove or deny the agreement. 3.Modify the Resolution to meet the wishes of the Council Recommendation City Administration recommends that the Council approve the new three year Microsoft licensing agreement for $258,963.12, payable in three installments of $86,321.04 with an annual true-up cost at the end of each year in June to cover added licenses during the year. Sample Motion Move to approve the three-year Microsoft Licensing Agreement with En Pointe Technologies Sales Inc. in the amount of $258,963.12, with an annual true-up cost at the end of each year in June to cover added licenses during the year. Grand Island Council Session - 6/11/2013 Page 65 / 185 Grand Island Council Session - 6/11/2013 Page 66 / 185 Grand Island Council Session - 6/11/2013 Page 67 / 185 Grand Island Council Session - 6/11/2013 Page 68 / 185 Grand Island Council Session - 6/11/2013 Page 69 / 185 Grand Island Council Session - 6/11/2013 Page 70 / 185 Grand Island Council Session - 6/11/2013 Page 71 / 185 Grand Island Council Session - 6/11/2013 Page 72 / 185 Grand Island Council Session - 6/11/2013 Page 73 / 185 Grand Island Council Session - 6/11/2013 Page 74 / 185 Grand Island Council Session - 6/11/2013 Page 75 / 185 Enterprise and Enterprise Subscription Enrollment Product Selection Form – State and Local Enrollment Number Microsoft to complete for initial term Reseller to complete for renewal Step 1. Please indicate whether Enrolled Affiliate is ordering Enterprise Products or Enterprise Online Services on the initial enrollment order. Choose both if applicable. Enterprise Products. Choose platform option: Professional Desktop Qualified Devices: 499 Qualified Users: 525 Enterprise Online Services1 Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment Order. Quantity may not include any Licenses which Enrolled Affiliate has selected for optional future use, or to which it is transitioning or stepping up within enrollment term. Products for which the Enrolled Affiliate has an option to transition or step-up should be listed in Step 3. Products2 Quantity Office Professional Plus Office Pro Plus 499 Office Pro Plus for Office 365 Office 365 Plans1 Office 365 (Plan E1) Office 365 (Plan E2) Office 365 (Plan E3) Office 365 (Plan E4) Client Access License (CAL). Choose 1 Option. Core CAL, including Bridge CAL’s (if applicable) Core CAL 525 Core CAL Bridge for Office 365 Core CAL Bridge for Windows Intune Core CAL Bridge for Office 365 and Windows Intune Enterprise CAL (ECAL) ECAL ECAL Bridge for Office 365 ECAL Bridge for Windows Intune ECAL Bridge for Office 365 and Windows Intune The Client Access License selection must be the same across the Enterprise. Specify whether licensing CAL per Device or User: User Windows Desktop Windows OS Upgrade 499 Windows VDA Windows Intone Windows Intune Windows Intune Add-on3 Other Enterprise Products Microsoft Desktop Optimization Pack (MDOP)4 EA-EASProdSelForm(US)SLG(ENG)(Oct2012) Page 1 of 2 Document X20-03622 Grand Island Council Session - 6/11/2013 Page 76 / 185 If selecting Windows Desktop or Windows Intune option, Enrolled Affiliate acknowledges the following: a. The Windows Desktop Operating System Upgrade licenses offered through this Enrollment are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying operating system licenses for all devices on which the Windows Desktop Operating System Upgrade or Windows Intune licenses are run. b. In order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses. See the Product List for details. Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for optional future use where not selected on the initial enrollment order (above): Products2 Office Pro Plus for Office 365 Office 365 (Plan E1) Office 365 (Plan E2) Office 365 (Plan E3) Office 365 (Plan E4) Enterprise CAL (ECAL) Step-up, including Bridge CALs Windows Intune Windows Intune Add-on3 This form must be attached to a signature form to be valid. EA-EASProdSelForm(US)SLG(ENG)(Oct2012) Page 2 of 2 Document X20-03622 Grand Island Council Session - 6/11/2013 Page 77 / 185 Grand Island Council Session - 6/11/2013 Page 78 / 185 Grand Island Council Session - 6/11/2013 Page 79 / 185 Grand Island Council Session - 6/11/2013 Page 80 / 185 En Pointe Technologies Sales Inc. 18701 S. Figueroa Street Gardena, CA 90248-4506 Main (310) 337-5200 www.enpointe.com En Pointe Contact Bill Abrams Branch Office: En Pointe - Corporate (IBM Sales) 18701 S. Figueroa Street Gardena CA 90248-4506 Ph: 310-337-5955 Fax: 310-258-2301 Customer Contact Shipping Address WSCA-NE City of Grand Island 100 East First Street Grand Island NE 68802 USA Sold-to Address WSCA-NE City of Grand Island 100 East First Street Grand Island NE 68802 USA Customer Notes Year 1 Enterprise Agreement SA Renewal. Purchase Order Details PO#WSCA-ADSPO11- 0000035-1 PO Date 06/03/2013 Customer #1022293 Delivery Date 06/03/2013 Delivery Terms FOB Destination Payment Terms Net 25 Gross Weight LB Ship Via BW Best Way-3 to 7 days QUOTATION 30128135 Page 1 of 1 Created 06/03/2013 Expires 06/17/2013 Created By Muhammad Sufyan Item Material / Mfg Part # Mfg Name Description Avail Unit Price $Qty Ext Price $ 10 W06-01072 Microsoft. CoreCAL ALNG SA MVL Pltfrm UsrCAL 3-5 days*37.08 525 19,467.00 20 269-12442 Microsoft. OfficeProPlus ALNG SA MVL Pltfrm 3-5 days*85.92 499 42,874.08 30 K4U-00265 Microsoft. WinProw/MDOP ALNG SA MVL Pltfrm 3-5 days*37.92 499 18,922.08 40 P73-05898 Microsoft. WinSvrStd ALNG SA MVL 2Proc 3-5 days*142.44 23 3,276.12 50 P71-07282 Microsoft. WinSvrDataCtr ALNG SA MVL 2Proc 3-5 days*776.64 2 1,553.28 60 312-02257 Microsoft. ExchgSvrStd ALNG SA MVL 3-5 days*114.24 2 228.48 *Shipping time is approximate. Actual delivery times may vary. Contact your sales rep for more details. For our standard and promo price terms and conditions, please visit www.enpointe.com/terms and www.enpointe.com/promo respectively. En Pointe can provide same day shipment for over $2 billion worth of Computer products from thousands of manufacturers/publishers. With over 250,000 available SKU's, finding the right product and tracking your orders is easy with our E-procurement tool, www.accesspointe.com. Sub Total EWR Total Freight Total Taxable Amount Sales Tax - State Sales Tax - Local Total Taxes Total Amount $ $ $ $ $ $ $ $ 86,321.04 0.00 0.00 0.00 0.00 0.00 0.00 86,321.04 Customer Acceptance A Signature and submission of this quotation by you, ("Customer"), will hereby serve as authorization for En Pointe Technologies Inc to purchase the above referenced goods and/or services. Further, Customer agrees to pay all invoices related to this order according to the terms and conditions specified by En Pointe Technologies Inc, which are available at www.enpointe.com/invoiceterms.asp. Name _________________ PO Number _______________ Email ________________ Signature _______________ Phone ________________ Date ____________________ Grand Island Council Session - 6/11/2013 Page 81 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-174 WHEREAS, the Information Technology Division of the Finance Department continually works on maintaining the City’s computer network, computer hardware, software, etc.; and WHEREAS, due to the number of computer users and devices, and the constant need for computer upgrades, it is imperative to consistently maintain the entire city network system; and WHEREAS, on June 22, 2010 by Resolution 2010-169, the City Council of the City of Grand Island authorized the Information Technology Division of the Finance Department to renew software license agreements which include a three-year term expiring June 30, 2013; and WHEREAS, the City of Grand Island can utilize the State of Nebraska negotiated pricing to renew the Enterprise Agreement for a period of three years expiring June 30, 2016; and WHEREAS, the Enterprise agreements have been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the software three-year Microsoft Enterprise Agreement to En Pointe Technologies Sales Inc. a Nebraska State Contract reseller at a cost of $258,963.12 to be paid in three annual installments of $86,321.04 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 82 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-9 #2013-175 - Approving Microsoft Select Plus Agreement Renewal Staff Contact: Jaye Monter Grand Island Council Session - 6/11/2013 Page 83 / 185 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:June 11, 2013 Subject:Approving Microsoft Select Plus Agreement Item #’s:G-9 Presenter(s):Jaye Monter, Finance Director Background The current Microsoft Select Plus agreement with the State of Nebraska is expiring June 30, 2013. In order for the City of Grand Island to continue benefiting from purchasing software from the Microsoft Select Plus agreement a new enrollment form must be signed prior to its expiration. Discussion The Microsoft Select Plus Agreement saves the City money by allowing the City of Grand Island to make software purchases from a reseller without ongoing annual maintenance payments. This agreement also provides a license tracking tool by centralizing all purchases to a unique customer ID for the City of Grand Island. Signing this agreement does not obligate the City of Grand Island to purchase any software but gives the City another option to pick the most competitive pricing for software needs of each City department. All purchases made under this agreement would follow City procurement rules. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve signing the Microsoft Select Plus Agreement allowing City departments access to price savings on Microsoft Software purchases. 2.Disapprove or deny the agreement. 3.Modify the Resolution to meet the wishes of the Council Grand Island Council Session - 6/11/2013 Page 84 / 185 Recommendation City Administration recommends that the Council approve signing the Microsoft Select Plus Agreement to allow additional competitive software pricing opportunities. Sample Motion Move to approve signing the Microsoft Select Plus Agreement. Grand Island Council Session - 6/11/2013 Page 85 / 185 Grand Island Council Session - 6/11/2013 Page 86 / 185 Grand Island Council Session - 6/11/2013 Page 87 / 185 Grand Island Council Session - 6/11/2013 Page 88 / 185 Grand Island Council Session - 6/11/2013 Page 89 / 185 Grand Island Council Session - 6/11/2013 Page 90 / 185 Grand Island Council Session - 6/11/2013 Page 91 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-175 WHEREAS, the Information Technology Division of the Finance Department continually works on cost effective opportunities for purchases pertaining to City’s computer network, computer hardware, software, etc.; and WHEREAS, there is a need to purchase Microsoft software licenses for City owned devices by all departments; and WHEREAS, the City of Grand Island by enrolling in the Microsoft Select Plus agreement allows software license pricing without additional annual maintenance costs, better known as Software Assurance, for one time purchases; and WHEREAS, the City of Grand Island can benefit from an additional purchasing opportunity at a cost below retail prices by this enrollment; and WHEREAS, the Microsoft Select Plus agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Microsoft Select Plus agreement enrollment for reduced cost purchasing opportunities is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 92 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-10 #2013-176 - Approving Concurrence of Bid Award with Nebraska Department of Roads to Van Kirk Sand and Gravel, Inc. for the Construction Contract on US-30 Drainage Improvement Project No. URB-30-4(158) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/11/2013 Page 93 / 185 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:June 11, 2013 Subject:Approving Selection of Van Kirk Sand and Gravel Inc. for the Construction Contract for the US-30 Drainage Improvement Project Item #’s:G-10 Presenter(s):John Collins, Public Works Director Background All agreements must be approved by the City Council. The purpose of the US-30 Drainage Improvement project is to construct storm sewer to the detention cell at the former location of the Wasmer Elementary School from connections on Second Street at Logan Street, Broadwell Avenue, and Madison Street. The improvements will significantly reduce the likelihood of flooding during storm events on Second Street. The project includes constructing drainage inlets on First Street and Division Street between Logan Street and Madison Street, which will provide drainage relief in those areas as well. Other benefits the project will provide to the community include reconstruction of sidewalk ramps to Americans with Disabilities Act standards, construction of new concrete pavement, and relief for storm sewer draining Third Street north of the project area. This project will receive Federal Funding through the Surface Transportation Program (STP). The project will improve drainage improvements to areas not eligible for Federal Funding and, as per a February 2011 Drainage Study Report, the Federal Highway Administration (FHWA) agreed to participate on only 77% of the construction and utility relocation costs, which STP funding would then be applied on an 80/20 basis. The funding split for eligible construction and utility relocation costs is 61.6% Federal Aid and 38.4% local funds. On November 13, 2012, City Council approved Supplemental Agreement No. 1 with the Nebraska Department of Roads (NDOR) for clarification on the Federal share payable for Grand Island Council Session - 6/11/2013 Page 94 / 185 the eligible and participating costs of the Preliminary Engineering, Right-of-Way and Construction phases of this project. On May 14, 2013, City Council approved Supplemental Agreement No. 2 for limiting future obligations for the US Highway 30 Drainage Improvement Project. Funding shortfalls were caused by the current highway funding and authorization bill, the Moving Ahead for Progress in the 21st Century Act (MAP-21). To address the funding shortage, NDOR agreed to provide more funds to deliver projects already programmed through STP funds with First Class Cities, but required these projects to be limited. Under Supplemental Agreement No. 2 the maximum amount of STP funds that can be obligated for all project costs is $1,011,495. The maximum amount that can be obligated for construction costs is 61.6% of $1,146,000, or $705,936. Discussion As specified in the Program Agreement with NDOR, the State advertised and conducted the letting for this project. Two bids were received and opened on May 23, 2013. The bids were submitted in compliance with the contract, plans and specifications. The bid tabulations are included with this Council item. Bidder Exceptions Bid Van Kirk Sand and Gravel, Inc. of Sutton, NE None $1,266,133.70 The Diamond Engineering Company of Grand Island, NE None $1,284,295.89 Since the lowest bid exceeds the maximum amount for construction costs specified in Supplemental Agreement No. 2, the City of Grand Island will be responsible for 100% of the construction costs in excess of $1,146,000. The total City costs for construction was originally estimated to be $440,064, but are now estimated to be $560,198; a difference of $120,134.00. Public Works and the NDOR Contracts Section have reviewed the bids and determined them to be acceptable. A recent increase in construction activity regionally is considered as one cause for contractors submitting higher bid prices. It is unlikely that re-advertising the project will result in lower bids. In order for the project to remain eligible for Federal funding, the project must be awarded prior to September 30, 2013. Also, in order to avoid conflicts with the Various Locations (Resurfacing) project, the US-30 Drainage Improvement Project must be completed in the spring of 2014. The tentative start date for construction is July 29, 2013. The project is expected to be completed in May, 2014. Public Works staff is currently in the process of negotiating the scope and fee for Construction Engineering services with Kirkham, Michael & Associates, Inc. Grand Island Council Session - 6/11/2013 Page 95 / 185 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 approves the selection of Van Kirk Sand and Gravel, Inc. of Sutton, Nebraska for the Construction Contract for the US-30 Drainage Improvement Project. Sample Motion Motion to approve the agreement. Grand Island Council Session - 6/11/2013 Page 96 / 185 Grand Island Council Session - 6/11/2013 Page 97 / 185 Grand Island Council Session - 6/11/2013 Page 98 / 185 Grand Island Council Session - 6/11/2013 Page 99 / 185 Grand Island Council Session - 6/11/2013 Page 100 / 185 Grand Island Council Session - 6/11/2013 Page 101 / 185 Grand Island Council Session - 6/11/2013 Page 102 / 185 Grand Island Council Session - 6/11/2013 Page 103 / 185 Grand Island Council Session - 6/11/2013 Page 104 / 185 Grand Island Council Session - 6/11/2013 Page 105 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-176 WHEREAS, the Nebraska Department of Roads invited sealed bids on behalf of the City of Grand Island for the construction of the US-30 Drainage Improvement Project No. URB-30-4(158), according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on May 23, 2013 bids were received, opened, and reviewed; and WHEREAS, Van Kirk Sand and Gravel , Inc. 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 $1,266,133.70; and WHEREAS, Van Kirk Sand and Gravel, Inc.’s bid was above the engineer’s estimate for the project, however it is believed to be fair and reasonable, as the two (2) bids received on the project are within 1.4% of each other: and WHEREAS, if for any reason the Federal Highway Administration rescinds, limits its obligations, or defers payment of the Federal share of the cost of this project, the City hereby agrees to provide the necessary funds to pay for all costs incurred until and in the event such Federal Funds are allowed and paid; and WHEREAS, the City Council hereby concurs in the selection of the above mentioned contractor for the project work listed, to whom the contract should be awarded. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Van Kirk Sand and Gravel, Inc. of Sutton, Nebraska in the amount of $1,266,133.70 for the construction of the US-30 Drainage Improvement Project No. URB-3-4(158) is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 106 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-11 #2013-177 - Approving Concurrence of Bid Award with Nebraska Department of Roads to The Diamond Engineering Company for the Construction Contract on Walk to Walnut Project No. SRTS- 40(57) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/11/2013 Page 107 / 185 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:June 11, 2013 Subject:Approving Selection of The Diamond Engineering Company for the Construction Contract for the Walk to Walnut Project Item #’s:G-11 Presenter(s):John Collins, Public Works Director Background All agreements must be approved by the City Council. The Walk to Walnut project will realign the main driveway to Walnut Middle School with the intersection of 15th Street and Custer Avenue and install traffic signals. This project is mostly funded with Safe Routes to School (SRTS) funds authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users (SAFETEA-LU). These funds are administered by the Nebraska Department of Roads (NDOR). The new driveway will be constructed through the Custer and Fifteenth Mini-park. A permanent easement was granted to Grand Island Public Schools for the driveway. Traffic signal poles and public sidewalk will be constructed on the edge east of the Mini- park at the intersection of the new driveway and Custer Avenue. This project will improve traffic flow by Walnut Middle School, improve safety for students crossing Custer Avenue, and encourage more students to walk and bicycle to school. The City Council approved the program agreement with the Nebraska Department of Roads for Safe Routes to School Program Funding for the Walk to Walnut Project on August 28, 2007. This project was initially anticipated to be completed in 2008, but changes in Federal Highway funded projects caused significant delays. Increased environmental clearance requirements, most notably the process for converting a portion of the Mini-park to use as a driveway, caused the majority of delays. Grand Island Council Session - 6/11/2013 Page 108 / 185 The original funding limit for this project was set at $249,004.00. The funding limit was recently removed and Federal Aid will be used to pay for 100% of the costs for construction, construction engineering and utility relocation. Discussion As per the Program Agreement with NDOR, the State advertised and conducted the letting on behalf of the City of Grand Island. On April 25, 2013, bids were advertised on the NDOR Contract Lettings website for the Walk to Walnut Project. One bid was received and opened on May 23, 2013. The bid was submitted in compliance with the contract, plans and specifications. The bid tabulation is included with this Council item. Bidder Exceptions Bid The Diamond Engineering Company of Grand Island, NE None $337,104.36 The sole bid exceeds the NDOR estimated total cost of $295,446.25. Public Works and the NDOR Contracts Section reviewed the sole bid and determined it to be acceptable. A recent increase in construction activity regionally is considered as one cause for contractors submitting higher bid prices. Also, unit bid prices for certain items were likely higher due to the relatively small quantities. It is unlikely that re-advertising the project will result in lower bids. In order for the project to be completed this construction season, the project must be awarded by June 30, 2013. The tentative start date for construction is July 22, 2013. The project is expected to be completed in September, 2013. Public Works staff is currently in the process of negotiating the scope and fee for Construction Engineering services with The Schemmer Associates, Inc. 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 - 6/11/2013 Page 109 / 185 Recommendation City Administration recommends that the Council approves the selection of The Diamond Engineering Company of Grand Island, Nebraska for the Construction Contract for the Walk to Walnut Project. Sample Motion Move to approve the agreement. Grand Island Council Session - 6/11/2013 Page 110 / 185 Grand Island Council Session - 6/11/2013 Page 111 / 185 Grand Island Council Session - 6/11/2013 Page 112 / 185 Grand Island Council Session - 6/11/2013 Page 113 / 185 Grand Island Council Session - 6/11/2013 Page 114 / 185 Grand Island Council Session - 6/11/2013 Page 115 / 185 Grand Island Council Session - 6/11/2013 Page 116 / 185 Grand Island Council Session - 6/11/2013 Page 117 / 185 Grand Island Council Session - 6/11/2013 Page 118 / 185 Grand Island Council Session - 6/11/2013 Page 119 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-177 WHEREAS, the Nebraska Department of Roads invited sealed bids on behalf of the City of Grand Island for the construction of Walk to Walnut Project No. SRTS-40(57), according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on May 23, 2013 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $337,104.36; and WHEREAS, The Diamond Engineering Company’s bid was above the engineer’s estimate for the project, however it is believed to be fair and reasonable, as it is within 14% of such estimate; and WHEREAS, if for any reason the Federal Highway Administration rescinds, limits its obligations, or defers payment of the Federal share of the cost of this project, the City hereby agrees to provide the necessary funds to pay for all costs incurred until and in the event such Federal Funds are allowed and paid; and WHEREAS, the City Council hereby concurs in the selection of the above mentioned contractor for the project work listed, to whom the contract should be awarded. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, in the amount of $337,104.36 for the construction of the Walk to Walnut Project No. SRTS-40(57) is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 120 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-12 #2013-178 - Approving Acquisition of Public Utility Easement in Summerfield Estates 5th Subdivision (Little B's Corporation) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/11/2013 Page 121 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-178 WHEREAS, a public utility easement is required by the City of Grand Island, from Little B’s Corporation, in the Summerfield Estates 5th Subdivision, Hall County, Nebraska and more particularly described as follows: A TRACT OF LAND LOCATED IN LOT SIX (6), BLOCK ONE (1) OF SUMMERFIELD ESTATES 5TH SUBDIVISION, LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER (W ½, SW ¼) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 5.00 FEET OF SAID LOT SIX (6); SAID PERMANENT UTILITY EASEMENT CONTAINS 558 SQUARE FEET MORE OR LESS. WHEREAS, an Agreement for the public utility easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public utility easement on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 122 / 185 UTILITY EASEMENT LEGAL DESCRIPTION FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R Grand Island Council Session - 6/11/2013 Page 123 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-13 #2013-179 - Approving Acquisition of Public Right-of-Way in Summerfield Estates 5th Subdivision (Little B's Corporation) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/11/2013 Page 124 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-179 WHEREAS, public right-of-way is being dedicated by Little B’s Corporation to allow for realignment of the east end of Warbler Road within Summerfield Estates 5th Subdivision to conform to revised preliminary plat, described as follows: A TRACT OF LAND CONSISTING OF PART OF LOT 6, BLOCK 1 OF SUMMERFIELD ESTATES 5TH SUBDIVISION, LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER (W ½, SW ¼) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 6, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF WARBLER ROAD AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N89 51’51”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 37.08 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 34 27’31”, AN ARC LENGTH OF 21.05 FEET, A RADIUS OF 35.00 FEET AND A CHORD BEARING N72 54’24”E FOR A DISTANCE OF 20.73 TO A POINT OF REVERSE CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 18 19’43”, AN ARC LENGTH OF 19.19 FEET, A RADIUS OF 60.00 FEET AND A CHORD BEARING N64 50’30”E FOR A DISTANCE OF 19.11 FEET TO A POINT ON THE EAST LINE OF SAID LOT 6; THENCE S00 08’09”W ALONG SAID EAST LINE A DISTANCE OF 14.31 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 225.44 SQUARE FEET MORE OR LESS. AND, A TRACT OF LAND CONSISTING OF PART OF LOT 8, BLOCK 2 OF SUMMERFIELD ESTATES 5TH SUBDIVISION, LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER (W ½, SW ¼) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S00 08’09”W ALONG THE EAST LINE OF SAID LOT 8 A DISTANCE OF 30.00 FEET; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 90 00’00”, AN ARC LENGTH OF 47.12 FEET, A RADIUS OF 30.00 FEET AND A CHORD BEARING N44 51’51”W FOR A DISTANCE OF 42.43 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 8, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF WARBLER ROAD; THENCE S89 51’51”E ALONG SAID SOUTH R.O.W. LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 193.14 SQUARE FEET MORE OR LESS. Grand Island Council Session - 6/11/2013 Page 125 / 185 - 2 - WHEREAS, an agreement for the public right-of-way has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public right-of-way on the above described tracts of land. 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, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 126 / 185 Grand Island Council Session - 6/11/2013 Page 127 / 185 Grand Island Council Session - 6/11/2013 Page 128 / 185 Grand Island Council Session - 6/11/2013 Page 129 / 185 Grand Island Council Session - 6/11/2013 Page 130 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-14 #2013-180 - Approving Boundaries for Fonner Park Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 6/11/2013 Page 131 / 185 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:June 11, 2013 Subject:Approving Boundaries for Fonner Park Business Improvement District 2013 Item #’s:G-14 Presenter(s):Marco Floreani, Community Development Administrator Background The South Locust Business Improvement District 2012 is set to expire on September 30, 2013. The Business Improvement District intends to reform as the Fonner Park Business Improvement District. In a letter to the Mayor and City Council dated May 22, 2013, Fonner Park Business Improvement District expressed an interest to form a new Business Improvement District from Fonner Park Road to Stolley Park Road for a three year period. Property owners are organizing their efforts to continue street improvements that are now evident along the southernmost portions of South Locust Street, including pedestrian lighting, landscaping and sidewalks. The goals include the redevelopment of South Locust and the Fonner Park area into an appealing corridor and entrance into Grand Island. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. Members of this group include: Hugh Miner, Michael Corman, Bennett Chamness, Buzz Douthit, James Goodman, Kris Nolan Brown, and Scott Zana. Grand Island Council Session - 6/11/2013 Page 132 / 185 Discussion The establishment of the boundaries for Fonner Park Street Business Improvement District 2013 and the appointment of the aforementioned individuals as board members is the first step toward the creation of the district. Approval is recommended. If approved, the board members will make a plan and City Council will ask the Regional Planning Commission for a recommendation. Once the Planning Commission makes a recommendation, City Council may adopt a resolution to establish the business improvement district. There will then be a period for the property owners in the district to protest the formation of the BID. City Council will then hold a public hearing to create the district. After the hearing Council may pass an ordinance to establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve boundaries for Fonner Park Business Improvement District 2013 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 boundaries for the Fonner Park Business Improvement District 2013. Sample Motion Move to approve the boundaries for the Fonner Park Business Improvement District 2013. Grand Island Council Session - 6/11/2013 Page 133 / 185 Grand Island Council Session - 6/11/2013 Page 134 / 185 Grand Island Council Session - 6/11/2013 Page 135 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-180 WHEREAS, Fonner Park Business Improvement District 2013 property owners have recommended that the City of Grand Island create a Business Improvement District with boundaries set out below; and WHEREAS, Section 19-4021, R.R.S. 1943, indicates that the boundaries of a business improvement district shall be declared by the city council prior to or at the same time as the appointment of the business improvement board; and WHEREAS, the outer boundaries of the potential Fonner Park Business Improvement District are described as follows: Beginning at the southeast corner of Section Twenty One (21), Township Eleven (11) North, range Nine (9) West of the 6th P.M. in Grand Island, Hall County, Nebraska; thence west on a line One Hundred (100.0) feet west of and parallel with the line common to Section 21-11-9 and Section 22-11-9 to the north line of the Southeast Quarter (SE1/4) of Section 21-11-9; thence east on the north line of the Southeast Quarter (SE1/4) of Section 21-11-9 and the north line of the Southwest Quarter (SW1/4) of Section 22-11-9 for distance of Two Hundred (200.0) feet; thence south on a line One Hundred (100.0) feet east of and parallel to the line common to Section 21- 11-9 and section 22-11-9 to the south line of Section 22-11-9;thence west on the south line of Section 22-11-9 for a distance of One Hundred (100.0) feet to the point of beginning, as shown on the drawings dated May 28, 2002 WHEREAS, it is suggested that a business improvement board be appointed to make recommendations to the city council for the potential establishment of a district and plans for improvements if any, for such district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the property set out within the above-identified boundaries be declared as the future Fonner Park Business Improvement District 2013. Be it further resolved, that the following individuals be initially appointed to serve on the business improvement board: Hugh Miner, Michael Corman, Bennett Chamness, Buzz Douthit, James Goodman, Kris Nolan Brown, Scott Zana. - - - Grand Island Council Session - 6/11/2013 Page 136 / 185 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska on June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 137 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-15 #2013-181 - Approving Boundaries for South Locust Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 6/11/2013 Page 138 / 185 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:June 11, 2013 Subject:Approving Boundaries for South Locust Business Improvement District 2013 Item #’s:G-15 Presenter(s):Marco Floreani, Community Development Administrator Background Business Improvement District #7 is set to expire on September 30, 2013. The BID intends to reform as the South Locust Business Improvement District. In a letter to the Mayor and City Council dated May 28, 2013, South Locust Business Improvement District (from Stolley Park Road to Highway 34), expressed an interest to form a new Business Improvement District for a three year term. Property owners are organizing their efforts to continue street improvements that are now evident within the South Locust Street BID, including: pedestrian lighting, landscaping and sidewalks. The goals include the redevelopment of South Locust into an appealing corridor and entrance into Grand Island. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. Members of this group include: Jack Rasmussen, Dan Naranjo, Nate Weiland, William Lawrey, Rhonda Saalfeld, Gene McCloud, and Norman Saale. Discussion The establishment of the boundaries for South Locust Business Improvement District 2013 and the appointment of the aforementioned individuals as board members is the first step toward the creation of the district. Approval is recommended. Grand Island Council Session - 6/11/2013 Page 139 / 185 If approved, the board members will make a plan and City Council will ask the Regional Planning Commission for a recommendation. Once the Planning Commission makes a recommendation, City Council may adopt a resolution to establish the Business Improvement District. There will then be a period for the property owners in the district to protest the formation of the BID. City Council will then hold a public hearing to create the district. After the hearing Council may pass an ordinance to establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Boundaries for South Locust Business Improvement District 2013 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 boundaries for the South Locust Business Improvement District 2013. Sample Motion Move to approve the boundaries for the South Locust Business Improvement District 2013. Grand Island Council Session - 6/11/2013 Page 140 / 185 Grand Island Council Session - 6/11/2013 Page 141 / 185 Grand Island Council Session - 6/11/2013 Page 142 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-181 WHEREAS, South Locust Street Business Improvement District 2013 property owners have recommended that the City of Grand Island create a Business Improvement District with boundaries set out below; and WHEREAS, Section 19-4021, R.R.S. 1943, indicates that the boundaries of a business improvement district shall be declared by the city council prior to or at the same time as the appointment of the business improvement board; and WHEREAS, the outer boundaries of the potential South Locust Street Business Improvement District are described as follows: Beginning at the Southeast corner of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska; thence West on the South line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. for a distance of Two Hundred Feet (200'); thence Northerly on a line Two Hundred Feet (200') West of and parallel to the East line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the North line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence East on the North line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the Northeast corner of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence continuing East on the North line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. for a distance of Three Hundred Seventy-Five Feet (375'); thence South on a line Three Hundred Seventy-Five Feet (375') East of and parallel to the West line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the South line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence West on the South line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. for a distance of Three Hundred Seventy-Five Feet (375') to the point of beginning. WHEREAS, it is suggested that a business improvement board be appointed to make recommendations to the city council for the potential establishment of a district and plans for improvements if any, for such district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the property set out within the above- identified boundaries be declared as the future South Locust Business Improvement District 2013. Be it further resolved, that the following individuals be initially appointed to serve on the business improvement board: Jack Rasmussen, Dan Naranjo, Nate Weiland, William Lawrey, Rhonda Saalfeld, Gene McCloud, and Norman Saale. - - - Grand Island Council Session - 6/11/2013 Page 143 / 185 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska on June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 144 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-16 #2013-182 - Approving Boundaries for Second Street Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 6/11/2013 Page 145 / 185 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:June 11, 2013 Subject:Approving Boundaries for Second Street Business Improvement District 2013 Item #’s:G-16 Presenter(s):Marco Floreani, Community Development Administrator Background The Second Street Business Improvement District 2012 (BID #6) is set to expire on September 30, 2013. The Business Improvement District intends to reform as the Second Street Business Improvement District. In a letter to the Mayor and City Council dated June 4, 2013, Second Street Business Improvement District 2013 expressed an interest to form a new Business Improvement District from Eddy Street to Garfield Avenue for a one year period. Property owners are organizing their efforts to continue street improvements that are now evident along the Second Street Business Improvement District 2013. The goals include the redevelopment of Second Street into an appealing corridor. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. Members of this group include: Bob Dodendorf, Phil Maltzahn, Bill Raile, Cheryl Nietfeldt, Dave Schaffer, Derek Apfel, Fred Groenke, John Folsom, and Dr. Ryan Waind. Grand Island Council Session - 6/11/2013 Page 146 / 185 Discussion The establishment of the boundaries for Second Street Business Improvement District 2013 and the appointment of the aforementioned individuals as board members is the first step toward the creation of the district. Approval is recommended. If approved, the board members will make a plan and City Council will ask the Regional Planning Commission for a recommendation. Once the Planning Commission makes a recommendation, City Council may adopt a resolution to establish the business improvement district. There will then be a period for the property owners in the district to protest the formation of the BID. City Council will then hold a public hearing to create the district. After the hearing Council may pass an ordinance to establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve boundaries for Second Street Business Improvement District 2013 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 boundaries for the Second Street Business Improvement District 2013. Sample Motion Move to approve the boundaries for the Second Street Business Improvement District 2013. Grand Island Council Session - 6/11/2013 Page 147 / 185 Grand Island Council Session - 6/11/2013 Page 148 / 185 Grand Island Council Session - 6/11/2013 Page 149 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-182 WHEREAS, Second Street Business Improvement District 2013 property owners have recommended that the City of Grand Island create a Business Improvement District with boundaries set out below; and WHEREAS, Section 19-4021, R.R.S. 1943, indicates that the boundaries of a business improvement district shall be declared by the city council prior to or at the same time as the appointment of the business improvement board; and WHEREAS, the proposed boundaries of the potential Second Street Business Improvement District are described as follows: Beginning at a point on the Westerly line of Eddy Street, said point being One Hundred Thirty- two Feet (132') Southeast of the Intersection of the Southerly line of Second Street and the Westerly line of Eddy Street; thence Westerly on a line One Hundred Thirty-Two Feet (132') Southeast and parallel to the Southerly line of Second Street to a point Sixty-Six Feet (66') Northeast of the Easterly line of Greenwich Street; thence Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Greenwich Street to the Northerly line of First Street; thence Westerly on the Northerly line of First Street to a point Sixty-Six Feet (66') Southwest of the Westerly line of Greenwich Street; thence Northerly on a line Sixty-Six Feet (66') Southwest of and parallel to the Westerly line of Greenwich Street to a point One Hundred Thirty-Two Feet (132') Southeast of the Southerly line of Second Street; thence Westerly on a line One Hundred Thirty-Two Feet (132') Southeast of and parallel to the Southerly line of Second Street to a point Sixty-Six Feet (66') Northeast of Broadwell Avenue; thence Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Broadwell Avenue to the Northerly line of First Street; thence Westerly on the Northerly line of First Street to a point One hundred thirty-five and sixty-nine hundredths Feet (135.69') Southwest of the Westerly line of Broadwell Avenue; thence Northerly on a line One hundred thirty-five and sixty-nine hundredths Feet (135.69') Southwest of and parallel to the Westerly line of Broadwell Avenue Sixty-five and seventy-six hundredths feet (65.76’); thence Westerly on a line parallel to the Northerly line of First Street twenty-three Feet (23’); thence Northerly on a line parallel to the Westerly line of Broadwell Avenue to a point One Hundred Thirty-Two Feet (132') Southeast of the South line of Second Street; thence Westerly on a line One - 2 - Hundred Thirty-Two Feet (132') Southeast of and parallel to the Southerly line of Second Street to the Easterly line of Garfield Avenue; thence Northerly on the Easterly line of Garfield Avenue to a point One Hundred Thirty-Two Feet (132') Northwest of the Northerly line of Second Street; thence Easterly on a line One Hundred Thirty-Two Feet (132') Northwest of and parallel to the Northerly line of Second Street to a point Sixty-Six Feet (66') Southwest of the Westerly line of Broadwell Avenue; thence Northerly on a line Sixty-Six Feet (66') Southwest of and parallel to the Westerly line of Broadwell Avenue to the Southerly line of Union Pacific Railroad Right-of-Way; thence Easterly on the Southerly line of Union Pacific Railroad to a point Sixty-Six Feet (66') Northeast of the Easterly line of Broadwell Avenue; thence Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Broadwell Avenue to a point One Hundred Thirty-Two Feet (132') Northwest of the Northerly line of Second Street; thence Easterly on a line One Hundred Thirty-Two Feet (132') Northwest of and parallel to the Northerly line of Second Street to the Westerly line of Eddy Street; thence Southeast on the Westerly line of Eddy Street to the point of beginning. Grand Island Council Session - 6/11/2013 Page 150 / 185 - 2 - WHEREAS, it is suggested that a business improvement board be appointed to make recommendations to the city council for the potential establishment of a district and plans for improvements if any, for such district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the property set out within the above- identified boundaries be declared as the future Second Street Business Improvement District 2013. Be it further resolved, that the following individuals be initially appointed to serve on the business improvement board: Bob Dodendorf, Phil Maltzahn, Bill Raile, Cheryl Nietfeldt, Dave Schaffer, Derek Apfel, Fred Groenke, John Folsom, and Dr. Ryan Waind - - - Adopted by the City Council of the City of Grand Island, Nebraska on June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 151 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item G-17 #2013-183 - Approving City’s Consent to Easement Granted by Fonner Park to Nebraska State Fair Board Staff Contact: Robert Sivick Grand Island Council Session - 6/11/2013 Page 152 / 185 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:June 11, 2013 Subject:Approval of City’s Consent to Easement Granted by Fonner Park to Nebraska State Fair Board Item #’s:G-17 Presenter(s):Robert J. Sivick, City Attorney Background Since 2010 the Nebraska State Fair has been located in Grand Island. The Nebraska State Fair Board (Fair Board) leases real estate from the Hall County Livestock Improvement Association (Fonner Park), for the physical location of the State Fair. Recently the Fair Board has begun construction on a multi-use building to be located on the State Fair grounds leased from Fonner Park. This building will be generally located to the South of the Field House and East of Fire Station 1 and Island Oasis. The City of Grand Island (City) also leases real estate from Fonner Park. Discussion In order for the Fair Board to have access to its new building and for utilities to be installed to service the building, it will need an easement over part of the real estate the City leases from Fonner Park. Alternatives It appears the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. 2.Refer the issue to a Committee. 3.Postpone the issue to future date. 4.Take no action on the issue. Grand Island Council Session - 6/11/2013 Page 153 / 185 Recommendation The City Administration recommends the Council approve Resolution 2013-183 which authorizes the Mayor to sign on behalf of the City, the Easement Agreement granting the City’s consent to the easement granted by Fonner Park to the Fair Board. Sample Motion Move to approve Resolution 2013-183 which authorizes the Mayor to sign the Easement Agreement between Fonner Park and the Fair Board. Grand Island Council Session - 6/11/2013 Page 154 / 185 Grand Island Council Session - 6/11/2013 Page 155 / 185 Grand Island Council Session - 6/11/2013 Page 156 / 185 Grand Island Council Session - 6/11/2013 Page 157 / 185 Grand Island Council Session - 6/11/2013 Page 158 / 185 Grand Island Council Session - 6/11/2013 Page 159 / 185 Grand Island Council Session - 6/11/2013 Page 160 / 185 Grand Island Council Session - 6/11/2013 Page 161 / 185 Grand Island Council Session - 6/11/2013 Page 162 / 185 Grand Island Council Session - 6/11/2013 Page 163 / 185 Grand Island Council Session - 6/11/2013 Page 164 / 185 Grand Island Council Session - 6/11/2013 Page 165 / 185 Grand Island Council Session - 6/11/2013 Page 166 / 185 Grand Island Council Session - 6/11/2013 Page 167 / 185 Grand Island Council Session - 6/11/2013 Page 168 / 185 Grand Island Council Session - 6/11/2013 Page 169 / 185 Grand Island Council Session - 6/11/2013 Page 170 / 185 Grand Island Council Session - 6/11/2013 Page 171 / 185 Grand Island Council Session - 6/11/2013 Page 172 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-183 WHEREAS, the Nebraska State Fair Board (Fair Board) leases real estate from the Hall County Livestock Improvement Association (Fonner Park) for the location of the Nebraska State Fair; and WHEREAS, the City of Grand Island (City) also leases real estate from Fonner Park; and WHEREAS, the Fair Board is building a new multi-use building on part of the real estate it leases from Fonner Park; and WHEREAS, in order for the Fair Board to have access to its new building and for utilities to be installed to service that building, it will need an easement over part of the real estate the City leases from the Fonner Park. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to sign on behalf of the City the Easement Agreement between Fonner Park and the Fair Board granting the City’s consent to the easement granted by Fonner Park to the Fair Board. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 173 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item I-1 #2013-184 - Consideration of Approving Legal Description Correction Concerning Acquisition of Public Right-of-Way for the Moore's Creek Drainway Extension (Eric M. & Kenda D. Pollock) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/11/2013 Page 174 / 185 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:June 11, 2013 Subject:Approving Legal Description Correction Concerning Acquisition of Public Right-of-Way for the Moore's Creek Drainway Extension (Eric M. & Kenda D. Pollock) Item #’s:I-1 Presenter(s):John Collins PE, Public Works Director Background On November 13, 2012 City Council approved the acquisition of public right-of-way in the amount of $43,500.00, from Eric M. and Kenda D. Pollock for the extension of the Moore’s Creek Drainway to accommodate the installation of storm sewer. Such public right-of-way will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of drainage utilities within the easements. The legal description for such public right-of-way mistakenly listed the 33’ of existing right-of-way in the legal description. This particular drainway extension will pick up where the last project was completed at North Road and Old Potash, during the summer of 2012. Discussion City Council is being asked to approve the correct legal description for this tract of land to allow for re-filing of the corrected Warranty Deed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - 6/11/2013 Page 175 / 185 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the corrected legal description for the previously acquired public right-of-way from Eric M. and Kenda D. Pollock. Sample Motion Move to approve the corrected legal description for the previously acquired public right- of-way from Eric M. and Kenda D. Pollock. Grand Island Council Session - 6/11/2013 Page 176 / 185 Grand Island Council Session - 6/11/2013 Page 177 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-184 WHEREAS, acquisition of public right-of-way from Eric M. and Kenda D. Pollock was approved by Grand Island City Council on November 13, 2012 for the Moore’s Creek Drainway Extension, to construct and maintain such project; and WHEREAS, a public hearing was held on November 13, 2012, for the purpose of discussing such public right-of-way acquisition; and WHEREAS, the original legal description inadvertently included 33’ of the existing public right-of-way; and WHEREAS, the correct legal description for the acquired public right-of-way is as follows: Tract 2 – Eric M & Kenda D Pollock - 2.9 Acres @ $15,000/acre = $43,500.00 A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23; THENCE S01°08'02"E (ASSUMED BEARING) ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 1054.04 FEET; THENCE S89°28’39”W, A DISTANCE OF 33.00 FEET TO THE WEST RIGHT OF WAY LINE OF NORTH ROAD AND THE POINT OF BEGINNING; THENCE S01°08'02"E ON SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF A PARCEL OF LAND DESCRIBED AND RECORDED IN DOCUMENT NO. 97-109603; THENCE S89°28'39"W ON SAID NORTH LINE, A DISTANCE OF 299.90 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE S01°08'02"E ON THE WEST LINE OF SAID PARCEL, A DISTANCE OF 300.06 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE S89°22'28"W ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 983.45 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE N01°07'43"W ON THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 80.00 FEET; THENCE N89°22'28"E, PARALLEL WITH AND 80.00 FEET DISTANT FROM SAID SOUTH LINE, A DISTANCE OF 903.44 FEET; THENCE N01°08'02"W, PARALLEL WITH AND 80.00 FEET DISTANT FROM THE WEST LINE OF SAID PARCEL, A DISTANCE OF 300.21 FEET; THENCE N89°28'39"E, PARALLEL WITH AND 80.00 FEET DISTANT FROM THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 379.90 FEET TO THE POINT OF BEGINNING, CONTAINING 2.90 ACRES, MORE OR LESS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to correct the legal description for the previously acquired public right-of-way from Eric M. and Kenda D. Pollock, on the above-described tracts of land. - - - Grand Island Council Session - 6/11/2013 Page 178 / 185 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 179 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item I-2 #2013-185 - Consideration of Resolution Supporting Administration’s Efforts to Abate a Public Nuisance Staff Contact: Robert Sivick Grand Island Council Session - 6/11/2013 Page 180 / 185 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:June 11, 2013 Subject:Consideration of Resolution Supporting Administration’s Efforts to Abate a Public Nuisance Item #’s:I-2 Presenter(s):Robert J. Sivick, City Attorney Background Larry Tourangeau owns property located at 311 East 3rd Street and 319 East 5th Street, Grand Island, Nebraska. Mr. Tourangeau has either placed himself or directed others to erect plywood signs facing the street(s) which together constitute fences running along the length of his properties. This has been an ongoing problem for a number of years. Mr. Tourangeau has been repeatedly asked to take the signs down, but has refused. The Grand Generation Center is located directly across the street from 311 East 3rd Street and the citizens that frequent that facility along with residents of the 5th and Oak Streets area have repeatedly expressed their desire to see these signs removed. Discussion Grand Island City Code prohibits the erection of signs such as these without first obtaining a permit. Mr. Tourangeau has never requested nor been granted a permit to erect these signs. These signs violate nine (9) different provisions of the City Code - §31-2, §31-3, §31-5, §31-6, §31-9, §31-17, §36-100, §17-4 and §20-14. The signs on 3rd Street have within the last week been painted over with black and red paint. The signs at both locations have become a canvas for graffiti. The continued presence of these signs have decreased surrounding property values and reduced the overall livability of the City. These signs have also conveyed a shabby image of the City to visitors such as participants and spectators of the annual Harvest of Harmony parade. City Code authorizes the removal of these signs. Mr. Tourangeau was sent notice to remove these signs. Pursuant to City Code, Mr. Tourangeau was sent a 10 day notice to remove these signs via certified mail – the 10 days commenced on May 20, 2013, when the certified mail receipt was signed for by an employee of the Missouri Secretary of State. The Missouri Secretary of State was sent notice along with others as the two Grand Island Council Session - 6/11/2013 Page 181 / 185 corporations that own these properties are incorporated in Missouri with Mr. Tourangeau listed as the registered agent. Service upon a corporation can be made upon the Secretary of State of the state in which a corporation is incorporated. The Resolution for consideration this evening offers the Council the opportunity as the governing body for the City, to publicly express its support for the Administration’s desire and efforts to abate this nuisance pursuant to City Code. Removal of these signs will benefit the entire City of Grand Island. 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 Resolution 2013-185 expressing the Council’s support for the Administration’s desire and efforts to abate the nuisance of illegal signs located at 311 East 3rd Street and 319 East 5th Street for the benefit of the City of Grand Island and its citizens. Sample Motion Move to approve Resolution 2013-185. Grand Island Council Session - 6/11/2013 Page 182 / 185 Approved as to Form ¤ ___________ June 7, 2013 ¤ City Attorney R E S O L U T I O N 2013-185 WHEREAS, signs located at 311 East 3rd Street and 319 East 5th Street within the City of Grand Island have been erected and maintained in violation of the Grand Island City Code; and WHEREAS, said signs constitute a public nuisance; and WHEREAS, City Code Section 31-7 authorizes the removal of signs in violation of City Code; and WHEREAS, the City Council as the governing body of the City of Grand Island, supports the Administration’s desire and efforts to abate this public nuisance, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that it supports the Administration’s desire and efforts to utilize all available means and resources to abate the public nuisance consisting of signs located at 311 East 3rd Street and 319 East 5th Street within the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 11, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/11/2013 Page 183 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item J-1 Approving Payment of Claims for the Period of May 29, 2013 through June 11, 2013 The Claims for the period of May 29, 2013 through June 11, 2013 for a total amount of $3,580,502.48. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 6/11/2013 Page 184 / 185 City of Grand Island Tuesday, June 11, 2013 Council Session Item X-1 Strategy Session with Respect to Collective Bargaining (FOP). The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Robert Sivick Grand Island Council Session - 6/11/2013 Page 185 / 185