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08-27-2013 City Council Regular Meeting Packet City of Grand Island Tuesday, August 27, 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 - 8/27/2013 Page 1 / 260 City of Grand Island Tuesday, August 27, 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 Dan O'Neill, Abundant Life Christian Center, 3411 West Faidley 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 - 8/27/2013 Page 2 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item E-1 Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #3, 2511 N. Diers Avenue for a Class “D” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 3 / 260 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:August 27, 2013 Subject:Public Hearing on Requests from Bosselman Pump & Pantry, Inc. dba: Pump & Pantry #3, 2511 N. Diers Avenue Pump & Pantry #6, 3355 West Stolley Park Road Pump & Pantry #10, 3212 South Locust Street Pump & Pantry #15, 2028 E. Highway 30 for Class “D” Liquor Licenses Item #’s:E-1, E-2, E-3, E-4, I-1, I-2, I-3 & I-4 Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Grand Island Council Session - 8/27/2013 Page 4 / 260 Discussion Bosselman Pump & Pantry, Inc. dba Pump & Pantry #3, 2511 N. Diers Avenue; Pump & Pantry #6, 3355 West Stolley Park Road; Pump & Pantry #10, 3212 South Locust Street; and Pump & Pantry #15, 2028 E. Highway 30 have submitted applications for Class “D” Liquor Licenses. Currently these four locations have a Class “B” Liquor License which is for beer off sale only. A Class “D” Liquor License allows for the sale of all alcohol off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with the application was a request from Brian Fausch, 2009 W. Hwy 34 for a Liquor Manager Designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the applications. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the applications. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve these applications. Sample Motion Move to approve the applications for Bosselman Pump & Pantry, Inc. dba Pump & Pantry #3, 2511 N. Diers Avenue; Pump & Pantry #6, 3355 West Stolley Park Road; Pump & Pantry #10, 3212 South Locust Street; and Pump & Pantry #15, 2028 W. Highway 30 for Class “D” Liquor Licenses and Manager Designation for Brian Fausch, 2009 W Hwy 34 contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 8/27/2013 Page 5 / 260 Webb Rd NDiers Ave NUS Highway 281 NCapital Ave WCarleton AveO Flannagan StSt Patrick AveCurran Ave Old Highway 2 W Kelly St O Grady St Lawrence LnCurran Ct US Highway 281 NUS Hi ghway 281 Nµ Liquor Application2511 N Diers AvePump & Pantry # 3 Legend Liquor License Locations2511 N Diers Ave 1500' Radius Grand Island Council Session - 8/27/2013 Page 6 / 260 08/14/13 Grand Island Police Department 450 14:20 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 14:47:10 08/09/2013 Occurred before : 14:47:10 08/09/2013 When reported : 14:47:10 08/09/2013 Date disposition declared : 08/09/2013 Incident number : L13081250 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 3123 Stolley Park Rd W State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 7446 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------- LW L12073982 08/09/13 Liquor Lic Inv Related NM 5453 08/14/13 Bosselman, Brandi K Involved NM 17868 08/14/13 Bosselman, Charles D Jr Involved NM 23148 08/14/13 Bosselman, Laura Involved NM 51098 08/14/13 Bosselman, Janet K Involved NM 65426 08/14/13 Lofing, James D Involved NM 66141 08/14/13 Fausch, Lori Involved NM 43709 08/09/13 Fausch, Brian T Liquor Manager NM 51767 08/09/13 Pump & Pantry; #15, Store Involved NM 55236 08/09/13 Pump & Pantry; #10, Store Involved NM 59519 08/09/13 Pump & Pantry; #3, Store Involved NM 60231 08/09/13 Pump & Pantry #6, Store Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT07 Convenience Store Grand Island Council Session - 8/27/2013 Page 7 / 260 LAW INCIDENT NARRATIVE: Some of the Pump & Pantry Stores are Requesting to Change Their Liquor License from a Class B to a Class D License. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 13:43:10 08/14/2013 318 Grand Island Police Department Supplemental Report Date, Time: Wed Aug 14 13:43:20 CDT 2013 Reporting Officer: Vitera Unit- CID Pump & Pantry store # 3 (Capital & Diers), # 6 (Stolley & Hwy 281), # 10 (Locust & Hwy 34), and # 15 (2024 E. Hwy. 30) are requesting to change their liquor license from a Class B (beer off sale only) to a Class D (beer, wine, & distilled spirits off sale only) license. I checked all the applicants through Spillman and NCJIS and didn't locate any new criminal charges that would preclude anyone from getting a new license. Brian Fausch is the current liquor manager and will remain the liquor manger with the new license. Brian and his wife, Lori didn't have any new convictions either. There are numerous Pump & Pantry stores within the city limits of Grand Island. Besides occasionally failing a compliance check, the police department doesn't encounter many problems at the stores. Since all of the stores already have a liquor license, the Grand Island Police Department doesn't object to the addition of wine and distilled spirits being sold off sale. Also, we don't have any reason to object to Brian Fausch remaining as the liquor manager. Grand Island Council Session - 8/27/2013 Page 8 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item E-2 Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #6, 3355 West Stolley Park Road for a Class “D” Liquor License This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 9 / 260 Webb Rd SUS Hi g h wa y 2 8 1 SStolley Park Rd WOld Highway 30 W South St WClaude Rd2nd St W Lakewood DrLester St Woodridge BlvdHolland DrBriarwood Blvd Bachman St W US Hi g h wa y 2 8 1 S µ Liquor Application3355 W Stolley Park Rd.Pump & Pantry # 6 Legend Liquor License Locations3355 W Stolley Park Rd 1500' Radius2511 N Diers Ave 1500' Radius Grand Island Council Session - 8/27/2013 Page 10 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item E-3 Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #10, 3212 South Locust Street for a Class “D” Liquor License This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 11 / 260 Locust St SMidaro Dr Ramada RdLake St US Highway 34 W Woodland Dr US Highway 34 E Tri StDe Ann RdRiverside DrExchange RdSandra Rd Stagecoach Rd Knott AveWoodland CtWoodland BlvdWoodland CIr US Highway 34 W US Highway 34 E µ Liquor Application3212 S Locust St.Pump & Pantry #10 Legend Liquor License Locations3112 S Locust St 1500' Radius Grand Island Council Session - 8/27/2013 Page 12 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item E-4 Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #15, 2028 E. Highway 30 for a Class “D” Liquor License This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 13 / 260 7th St E U S H ighw ay 30 E4th St EStuhr Rd STalc DrSeedling Mile Rd EWillow StVoss RdGeddes StSky Park RdU P W ay Lueth DrU nio n R o a d U S Highw ay 30 E Willow Stµ Liquor Application2028 E Highway 30Pump & Pantry # 15 Legend Liquor License Locations2028 E Highway 30 1500' Radius Grand Island Council Session - 8/27/2013 Page 14 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item E-5 Public Hearing on Acquisition of Utility Easement - Lots 1 through 26 - Westwood Park 12th Subdivision - Ratliff Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/27/2013 Page 15 / 260 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:August 27, 2013 Subject:Acquisition of Utility Easement – Lot 1 through Lot 26, Westwood Park Twelfth Subdivision - Ratliff Item #’s:E-5 & G-8 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Curt L. Ratliff, located through Lot 1 – Lot 26 along Redwood Road and Westwood Circle, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The plans for Westwood Park Subdivision were started over 20 years ago. The plans did not include the easements used today to locate the electric utilities. Each new subdivision added the easements prior to filing. The Twelfth Subdivision failed to locate electric transformers, cable, and other appurtenances to serve the 26 lots of Westwood Park Twelfth Subdivision. To make room for these, separate easements now need to be acquired. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 8/27/2013 Page 16 / 260 Grand Island Council Session - 8/27/2013 Page 17 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item E-6 Public Hearing on Acquisition of Utility Easement - Part of Lot One and Lot Two, Dinsdale Subdivision - Dinsy, L.L.C. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/27/2013 Page 18 / 260 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:August 27, 2013 Subject:Acquisition of Utility Easement – Between Webb Road and Hwy. 281, North of Stolley Park Road – Dinsy, LLC Item #’s:E-6 & G-9 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Dinsy, L.L.C. located through a part of Lot One (1) and Lot Two (2) Dinsdale Subdivision, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to provide a looped feed for electrical service to the new Dinsdale GMC building and underground for the existing 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 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 8/27/2013 Page 19 / 260 Grand Island Council Session - 8/27/2013 Page 20 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item E-7 Public Hearing on Acquisition of Utility Easement - 1612 S. Webb Road - Mead Building Center Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/27/2013 Page 21 / 260 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:August 27, 2013 Subject:Acquisition of Utility Easement – 1612 S. Webb Road – Mead Building Centers of Grand Island Real Estate, L.L.C. Item #’s:E-7 & G-10 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property Mead Building Centers of Grand Island Real Estate, L.L.C., north of Stolley Park Road, and east of Webb Road at 1612 S. Webb Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used for underground power lines and public water main to serve the Mead Lumber Center at 1612 S. Webb Road, and the new Dinsdale Autoplex at 1706 S. Webb Road. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Grand Island Council Session - 8/27/2013 Page 22 / 260 Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 8/27/2013 Page 23 / 260 Grand Island Council Session - 8/27/2013 Page 24 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item E-8 Public Hearing on Property Sales and Acquisitions in the Sterling Estates Fourth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 25 / 260 Council Agenda Memo From:Chad Nabity, AICP Meeting:August 27, 2013 Subject:Property Exchange - Part of Sterling Estates 4th Subdivision Item #’s:E-8, F-1 thru F-4 and G-7 Presenter(s):Chad Nabity, Regional Planning Director Background In 2009, the City of Grand Island purchased 6.75 acres of ground for a park within the area to be developed as the Sterling Estates Subdivision south of Capital Avenue and west of the Moore’s Creek Drainway. In June of 2013 the adjoining property owners, from whom the park land was purchased, submitted a plat for the Sterling Estates Fourth Subdivision. In order to accommodate the planned lots the owners have requested that the City exchange a 10 foot wide strip of property along the south side of the strip reserved to connect the park to the bike trail for a 10 foot wide strip along the north side of that same strip. This is an even exchange for the property. The developers have also agreed to plat the park property as part of Sterling Estates 4th Subdivision. Discussion The attached maps and copy of the Sterling Estates 4th Subdivision identify the property involved in the proposed exchange. The City will be exchanging Tract A for Tract B and Tract D for Tract C. Tracts A and B are identical in size and Tracts C and D are identical in size. Council will consider two ordinances to sell property and 2 ordinances to acquire property. These ordinances are subject to 30 day remonstrance period should any citizen feel that the exchange is unfair to the City. A resolution has been prepared for Council approval that authorizes the Mayor and City Staff to complete this transaction once the remonstrance period has ended. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 8/27/2013 Page 26 / 260 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 ordinances and resolution as presented. Sample Motion Move to approve the Ordinances as presented. Move to approve the Resolution as presented. Grand Island Council Session - 8/27/2013 Page 27 / 260 Park Property Platted with Sterling Estates 4th Subdivision Grand Island Council Session - 8/27/2013 Page 28 / 260 Grand Island Council Session - 8/27/2013 Page 29 / 260 Park Property Platted with Sterling Estates 4th Subdivision Grand Island Council Session - 8/27/2013 Page 30 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item E-9 Public Hearing on Annexation of Property Located at the Corner of W. Phoenix Street and Lincoln Avenue (Clark Gauthier) Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 31 / 260 Council Agenda Memo From:Chad Nabity, Regional Planning Director Meeting:August 27, 2013 Subject:An Ordinance to Annex Property Located North of Phoenix Avenue and West of Lincoln Avenue into the City of Grand Island, Nebraska along with all Adjoining Right-of -Way and/or Easements for Road or Trail Purposes Item #’s:E-9 & F-5 Presenter(s):Chad Nabity, Regional Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that: County Industrial Tracts should periodically be reviewed as allowed by Revised Nebraska State Statutes for consideration of annexation and that all areas encompassed by the Corporate Limits of Grand Island should be considered for annexation. Clark Gauthier, owner of property located at 1104 W Phoenix Street has sent a petition to the Hall County Board of Supervisors requesting that this property be removed from the County Industrial Tract per NRSS §13-1119. Hall County held a public hearing and passed a resolution to remove the property from the County Industrial Tract on July 16, 2013. Mr. Gauthier has also requested that the City consider annexation of this property. On July 17, 2013 the City Clerk received a request from Sheila Hulme acting as an agent for Mr. Gauthier asking that the City consider annexation of this property per NRSS §16- 117 (7). The City is able to annex this property as it has been removed from the County Industrial Tract. Based on the requests from Mr. Gauthier to remove the property from the County Industrial Tract and to annex the property into the City, staff has prepared an ordinance for annexation that would become effective 15 days after passage on third and final reading. Grand Island Council Session - 8/27/2013 Page 32 / 260 Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117 (7). Annexation ordinances must be read on three separate occasions. This is the first reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of those properties. There is no impact to the extraterritorial zoning jurisdiction of the City as the County Industrial Tracts are entirely surrounded by the municipal limits of Grand Island. No existing residences would be added to the City as a result of this annexation. 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 pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on first reading. Grand Island Council Session - 8/27/2013 Page 33 / 260 Exhibit A Legal description as follows: A tract of land comprising a part of the Northeast Quarter (NE1/4) of Section Twenty One (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska and also being part of former Block Ten (10), South Park Addition (now vacated) and being more particularly described as follows: Beginning at the Southeast corner of Block Ten (10), thence running Southwesterly along the Southerly line of former Block Ten (10) a distance of 226.83 feet to a point that is 12.5 feet radially distant Southeasterly from the center line of the railroad track; thence running Northeasterly along a line 12.5 feet radially distance Southeasterly from the center line of a railroad tract; said tract being curved, concave with a radius of 573.7 feet, a chord distance of 253.99 feet to a point Southeasterly along the Easterly line of former Block Ten (10), thence running Southeasterly along the Easterly line of former Block Ten (10), a distance of 116.48 feet to the point of beginning in Hall County, Nebraska AND All that portion of Burlington Northern Railroad Company’s (formerly Chicago, Burlington & Quincy Railroad Company) property at City of Grand Island, Nebraska, located on the Belt Line Right of Way, now discontinued, located upon, over and across that part of the West Half of the Northeast Quarter (W1/2NE1/4) of Section Twenty One (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska formerly Block Ten (10) of South Park Addition to the City of Grand Island, Hall County, Nebraska now vacated and that part of vacated Washington Street in said City of Grand Island, bounded on the Southerly side by the North Line of Phoenix Street in said City of Grand Island, Hall County, Nebraska, as per the recorded plat thereof; bounded on the Westerly side by the West line of said vacated Washington Street, bounded on the Northwesterly side by said Belt Line Main Track centerline as formerly located, bounded on the Easterly side by the East line of said vacated Block Ten (10) and bounded on the Southeasterly side by a line 12.5 feet radially distant Southeasterly of the centerline of said Railroad Company’s most Southeasterly tract as formerly located, the centerline of which would cross the Easterly line of said Vacated Block Ten (10), a distance 128.94 feet Northwesterly of the Southeasterly corner of said vacated Block Ten (10) and which would cross the Southerly line of said vacated Block Ten (10), a distance of 247.7 feet Southwesterly of said Southeasterly corner and which extends between said Easterly line and said Southerly line along a curved line, concave Southeasterly with a radius of 573.7 feet EXCEPTING a certain tract more particularly described Quit Claim Deed recorded as Document No. 96-103345 Grand Island Council Session - 8/27/2013 Page 34 / 260 Grand Island Council Session - 8/27/2013 Page 35 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item F-1 #9440 - Consideration of Sale of Real Estate to Neidfelt Property Management, LLC (Tract A) This item relates to the aforementioned Public Hearing item E-8. Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 36 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney ORDINANCE NO.9440 An ordinance directing and authorizing the sale of real estate to Neidfelt Property Management, LLC; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing 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. The City of Grand Island, Nebraska, will convey to Neidfelt Property Management, LLC, a tract of land legally described as: A tract of land in part of the Northwest Quarter (NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the Southeast (SE) corner of said Northwest Quarter (NW ¼); thence on an assumed bearing of N89º07’58”W, along the South line of said Northwest Quarter (NW ¼), a distance of 90.03 feet to the point of intersection of said South line and the West line of City of Grand Island Drainage Right-of-Way (R.O.W.); thence N00º15’38”E, along said West line, a distance of 1,504.28 feet to the Point of Beginning; thence N89º07’20”W for a distance of 158.48 feet; thence N00º52’40”E a distance of 10.00 feet; thence S89º07’20”E a distance of * This Space Reserved for Register of Deeds * Grand Island Council Session - 8/27/2013 Page 37 / 260 ORDINANCE NO. 9440 (Cont.) - 2 - 158.38 feet to a point on said West line of the Drainage Right-of-Way; thence S00º15’38”W along said West line, a distance of 10.00 feet to the Point of Beginning. Said tract contains a calculated are of 1,584 square feet or 0.03 acres more or less. SECTION 2. In consideration for such conveyance the purchaser shall pay the City the sum of One and No/100 Dollars ($1.00). The buyer will be responsible for the costs of recording the deed and one half the cost of a title insurance owner’s policy and all the cost of any lender’s policy. Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration pursuant to the terms and conditions of an Agreement for Warranty Deed between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, Grand Island Council Session - 8/27/2013 Page 38 / 260 ORDINANCE NO. 9440 (Cont.) - 3 - execute and deliver to Neidfelt Property Management, LLC, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 27, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 39 / 260 2013-1214PROJECT NO: DRAWN BY: 07/09/13DATE: LJW EXHIBIT FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd StreetSTERLING ESTATES FOURTH SUBDIVISION AR Grand Island Council Session - 8/27/2013 Page 40 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item F-2 #9441 - Consideration of Acquisition of Real Estate from Neidfelt Property Management, LLC (Tract B) This item relates to the aforementioned Public Hearing item E-8. Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 41 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney ORDINANCE NO. 9441 An ordinance directing and authorizing the purchase of real estate from Neidfelt Property Management, LLC; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing 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. The City of Grand Island, Nebraska, will purchase from Neidfelt Property Management, LLC a tract of land legally described as: A tract of land in part of the Northwest Quarter (NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the Southeast (SE) corner of said Northwest Quarter (NW ¼); thence on an assumed bearing of N89º07’58”W, along the South line of said Northwest Quarter (NW ¼), a distance of 90.03 feet to the point of intersection of said South line and the West line of City of Grand Island Drainage Right-of-Way (R.O.W.); thence N00º15’38”E, along said West line, a distance of 1,554.28 feet to the Point of Beginning; thence N89º07’20”W for a distance of 157.95 feet; thence N00º52’40”E a distance of 10.00 feet; thence S89º07’20”E a distance of * This Space Reserved for Register of Deeds * Grand Island Council Session - 8/27/2013 Page 42 / 260 ORDINANCE NO. 9441 (Cont.) - 2 - 157.84 feet to a point on said West line of the Drainage Right-of-Way; thence S00º15’28”W, along said West line, a distance of 10.00 feet to the Point of Beginning. Said tract contains a calculated are of 1,579 square feet or 0.04 acres more or less. SECTION 2. In consideration for such conveyance the City shall pay Neidfelt Property Management, LLC, the sum of One and No/100 Dollars ($1.00). The buyer will be responsible for the costs of recording the deed and one half the cost of a title insurance owner’s policy and all the cost of any lender’s policy. Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration pursuant to the terms and conditions of an Agreement for Warranty Deed between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, Neidfelt Property Grand Island Council Session - 8/27/2013 Page 43 / 260 ORDINANCE NO. 9441 (Cont.) - 3 - Management, LLC, shall make, execute and deliver to the City of Grand Island, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 27, 2013 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 44 / 260 2013-1214PROJECT NO: DRAWN BY: 07/09/13DATE: LJW EXHIBIT FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd StreetSTERLING ESTATES FOURTH SUBDIVISION BR Grand Island Council Session - 8/27/2013 Page 45 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item F-3 #9442 - Consideration of Acquisition of Real Estate from Neidfelt Property Management, LLC (Tract C) This item relates to the aforementioned Public Hearing item E-8. Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 46 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney ORDINANCE NO. 9442 An ordinance directing and authorizing the purchase of real estate from Neidfelt Property Management, LLC; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing 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. The City of Grand Island, Nebraska, will purchase from Neidfelt Property Management, LLC a tract of land legally described as: A tract of land in part of the Northwest Quarter (NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the Southeast (SE) corner of said Northwest Quarter (NW ¼); thence on an assumed bearing of N89º07’58”W, along the South line of said Northwest Quarter (NW ¼), a distance of 90.03 feet to the point of intersection of said South line and the West line of City of Grand Island Drainage Right-of-Way (R.O.W.); thence N00º15’38”E, along said West line, a distance of 1,554.28 feet; thence N89º07’20”W for a distance of 217.95 feet to the Point of Beginning; thence N89º07’20”W for a distance of 120.00 feet; thence N00º52’40”E a * This Space Reserved for Register of Deeds * Grand Island Council Session - 8/27/2013 Page 47 / 260 ORDINANCE NO. 9442 (Cont.) - 2 - distance of 10.00 feet; thence S89º07’20”E a distance of 120.00 feet; thence S00º52’20”W a distance of 10.00 feet to the Point of Beginning. Said tract contains a calculated are of 1,200 square feet or 0.03 acres more or less. SECTION 2. In consideration for such conveyance the City shall pay Neidfelt Property Management, LLC, the sum of One and No/100 Dollars ($1.00). The buyer will be responsible for the costs of recording the deed and one half the cost of a title insurance owner’s policy and all the cost of any lender’s policy. Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration pursuant to the terms and conditions of an Agreement for Warranty Deed between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, Neidfelt Property Management, LLC, shall make, execute and deliver to the City of Grand Island, a warranty deed Grand Island Council Session - 8/27/2013 Page 48 / 260 ORDINANCE NO. 9442 (Cont.) - 3 - for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 27, 2013 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 49 / 260 2013-1214PROJECT NO: DRAWN BY: 07/09/13DATE: LJW EXHIBIT FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd StreetSTERLING ESTATES FOURTH SUBDIVISION CR Grand Island Council Session - 8/27/2013 Page 50 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item F-4 #9443 - Consideration of Sale of Real Estate to Neidfelt Property Management, LLC (Tract D) This item relates to the aforementioned Public Hearing item E-8. Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 51 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney ORDINANCE NO. 9443 An ordinance directing and authorizing the sale of real estate to Neidfelt Property Management, LLC; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing 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. The City of Grand Island, Nebraska, will convey to Neidfelt Property Management, LLC, a tract of land legally described as: A tract of land in part of the Northwest Quarter (NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the Southeast (SE) corner of said Northwest Quarter (NW ¼); thence on an assumed bearing of N89º07’58”W, along the South line of said Northwest Quarter (NW ¼), a distance of 90.03 feet to the point of intersection of said South line and the West line of City of Grand Island Drainage Right-of-Way (R.O.W.); thence N00º15’38”E, along said West line, a distance of 1,504.28; thence N89º07’20”W a distance of 218.48 feet to the Point of Beginning; thence N89º07’20”W for a distance of 120.00 feet; thence N00º52’40”E a distance of * This Space Reserved for Register of Deeds * Grand Island Council Session - 8/27/2013 Page 52 / 260 ORDINANCE NO. 9443 (Cont.) - 2 - 10.00 feet; thence S89º07’20”E a distance of 120.00; thence S00º52’20”W a distance of 10.00 feet to the Point of Beginning. Said tract contains a calculated are of 1,200 square feet or 0.03 acres more or less. SECTION 2. In consideration for such conveyance the purchaser shall pay the City the sum of One and No/100 Dollars ($1.00). The buyer will be responsible for the costs of recording the deed and one half the cost of a title insurance owner’s policy and all the cost of any lender’s policy. Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration pursuant to the terms and conditions of an Agreement for Warranty Deed between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to Neidfelt Property Management, LLC, a warranty deed for said real estate, Grand Island Council Session - 8/27/2013 Page 53 / 260 ORDINANCE NO. 9443 (Cont.) - 3 - and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 27, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 54 / 260 2013-1214PROJECT NO: DRAWN BY: 07/09/13DATE: LJW EXHIBIT FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd StreetSTERLING ESTATES FOURTH SUBDIVISION DR Grand Island Council Session - 8/27/2013 Page 55 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item F-5 #9444 - Consideration of Annexation of Property Located at the Corner of W. Phoenix Street and Lincoln Avenue (Clark Gauthier) (First Reading) This item relates to the aforementioned Public Hearing item E-9. Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 56 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney Agu ORDINANCE NO. 9444 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land located north of Phoenix and west of Lincoln Avenue in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, Clark Gauthier as owner of the property submitted a request that the City Annex this property into the City of Grand Island; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island encourages annexation of adjacent properties into the City; and WHEREAS, Clark Gauthier has caused this property to be removed from the Hall County Industrial Area; and WHEREAS, Hall County has removed the property from the Hall County Industrial Area, and * This Space Reserved For Register of Deeds * Grand Island Council Session - 8/27/2013 Page 57 / 260 ORDINANCE NO. 9444 (Cont.) - 2 - WHEREAS, according to NRSS §16-117 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and WHEREAS, on August 27, 2013, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The tracts of land described in Exhibit “A” are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. Grand Island Council Session - 8/27/2013 Page 58 / 260 ORDINANCE NO. 9444 (Cont.) - 3 - SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed into the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect 15 days after its passage and upon publication, in pamphlet form, as provided by law. Enacted: August 27, 2013. Grand Island Council Session - 8/27/2013 Page 59 / 260 ORDINANCE NO. 9444 (Cont.) - 4 - ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 60 / 260 ORDINANCE NO. 9444 (Cont.) - 5 - Grand Island Council Session - 8/27/2013 Page 61 / 260 ORDINANCE NO. 9444 (Cont.) - 6 - Exhibit A A tract of land comprising a part of the Northeast Quarter (NE1/4) of Section Twenty One (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska and also being part of former Block Ten (10), South Park Addition (now vacated) and being more particularly described as follows: Beginning at the Southeast corner of Block Ten (10), thence running Southwesterly along the Southerly line of former Block Ten (10) a distance of 226.83 feet to a point that is 12.5 feet radially distant Southeasterly from the center line of the railroad track; thence running Northeasterly along a line 12.5 feet radially distance Southeasterly from the center line of a railroad tract; said tract being curved, concave with a radius of 573.7 feet, a chord distance of 253.99 feet to a point Southeasterly along the Easterly line of former Block Ten (10), thence running Southeasterly along the Easterly line of former Block Ten (10), a distance of 116.48 feet to the point of beginning in Hall County, Nebraska AND All that portion of Burlington Northern Railroad Company’s (formerly Chicago, Burlington & Quincy Railroad Company) property at City of Grand Island, Nebraska, located on the Belt Line Right of Way, now discontinued, located upon, over and across that part of the West Half of the Northeast Quarter (W1/2NE1/4) of Section Twenty One (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska formerly Block Ten (10) of South Park Addition to the City of Grand Island, Hall County, Nebraska now vacated and that part of vacated Washington Street in said City of Grand Island, bounded on the Southerly side by the North Line of Phoenix Street in said City of Grand Island, Hall County, Nebraska, as per the recorded plat thereof; bounded on the Westerly side by the West line of said vacated Washington Street, bounded on the Northwesterly side by said Belt Line Main Track centerline as formerly located, bounded on the Easterly side by the East line of said vacated Block Ten (10) and bounded on the Southeasterly side by a line 12.5 feet radially distant Southeasterly of the centerline of said Railroad Company’s most Southeasterly tract as formerly located, the centerline of which would cross the Easterly line of said Vacated Block Ten (10), a distance 128.94 feet Northwesterly of the Southeasterly corner of said vacated Block Ten (10) and which would cross the Southerly line of said vacated Block Ten (10), a distance of 247.7 feet Southwesterly of said Southeasterly corner and which extends between said Easterly line and said Southerly line along a curved line, concave Southeasterly with a radius of 573.7 feet EXCEPTING a certain tract more particularly described Quit Claim Deed recorded as Document No. 96-103345 Grand Island Council Session - 8/27/2013 Page 62 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-1 Approving Minutes of August 8, 2013 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 63 / 260 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION August 8, 2013 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 8, 2013. Notice of the meeting was given in the Grand Island Independent on August 2, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Mike Paulick, Scott Dugan, John Gericke, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Linna Dee Donaldson, and Bob Niemann. Councilmembers Vaughn Minton and Chuck Haase were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter, and City Engineer and Public Works Director John Collins. INVOCATION given by Community Youth Council member Jordyn Barnett followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Jordyn Barnett. SPECIAL ITEMS: Wastewater Budget for 2013-2014. Public Works Director John Collins introduced Wastewater Treatment Plant (WWTP) Engineer Marvin Strong who reviewed the operating revenue which totaled $9,269,817. This included the sewer rate increase. General operations were $4,058.095 which included staff, operating, and debt service. The Treatment, compost and capital budget totaled $32,627,430. Collections totaled $1,215,154 for a total expense budget of $37,900,679. The following 2014 Capital Projects were reviewed: Headworks - $15,054,000 North Interceptor Phase 1 (WWTP to Sky Park Road and 7th Street) - $10,362,086 North Interceptor Phase 2b (Broadwell to Custer) - $1,450,000 US Highway 281 Tap District - $2,410,000 (State Revolving Funds) Husker Highway - $250,000 Wildwood Subdivision - $1,400,000 Capital Outlay (Buildings, Vehicles, Machinery & Equipment) - $209,000 Sewer Rehabilitation - $200,000 Unknown Sewer Districts - $100,000 Lift Station #7 Repairs/Improvements - $31,487 Automation/Asset Management - $100,000 Utility Billing Software Allocation - $164,931 The following 2013 Capital projects had been substantially completed: 4th and 5th Eddy to Vine Grand Island Council Session - 8/27/2013 Page 64 / 260 Page 2, City Council Study Session, August 8, 2013 Southwest Interceptor Lift Station #7 Repairs/Improvements Platte Valley Industrial Park Master Planning Mentioned were savings in the 2014 projected operations and maintenance budget under WWTP Utility service electricity, contract services for sludge disposal and one vacant position which was eliminated. Council complimented the WWTP staff on the progress and savings at the plant over the past year. Mr. Strong explained the Master Plan and Asset Management. Solid Waste Budget for 2013-2014. Public Works Director John Collins introduced Solid Waste Superintendent Jeff Wattier who reported that the Solid Waste Division was an enterprise fund and received no funding from the General Fund. All revenues were generated from tipping fees. This was one of the few divisions with competition and served both residents and non-residents. Mentioned was the Landfill Cell 3 expansion project would likely occur in 2016 or 2017. Since 2010 approximately 100,000 cubic yards of dirt had been hauled by the Landfill staff. Reviewed were the FY 2014 Budget Capital expenditures for the Transfer Station. Total budgeted expenses were $2,684,141 and budgeted revenues were $2,787,379. There were no FTE changes and a proposed 3% rate increase due to increased costs. The last increase occurred October 1, 2004. Comments were made concerning eliminating the clean up cards and the positive response from the community. Utility Budget for 2013-2014. Utilities Director Tim Luchsinger gave an overview of the 2014 Budgets for the Electric Department – Fund 520 and Water Department – Fund 525. Guidelines for the proposed budget were estimated on a conservative (low) revenue forecast and a conservative (high) operating cost. The goal was to maintain adequate cash reserves and manage controllable operating expenses and capital expenditures. The total Capital Budget for the Electric Capital Improvements was $39,924,846. Future consideration was the Platte Generating Station Emission Controls planned for operation by May 2015. Mr. Luchsinger stated there would be no rate increase in the electric department for 2013-2014. Utilities Accountant Darrin Buettner commented on the financials of the Electric Department. He stated we were in good shape due to cash reserves. Mentioned were several projects completed over the past year. The total Water Capital improvements proposed for FY 2013-2014 were $2,338,348 which included bond payments, Wasmer cell relocation, and Central NE Regional Airport upgrade and production improvements. No rate increases were expected in FY 2013-2014. Mr. Luchsinger commented on the wireless meters. Grand Island Council Session - 8/27/2013 Page 65 / 260 Page 3, City Council Study Session, August 8, 2013 2013-2014 Proposed Fee Schedule. Finance Director Jaye Monter reported on the proposed 2013-2014 Fee Schedule. Reviewed were those items in the fee schedule that were changed. Parks & Recreation Director Todd McCoy commented on the League fees, Lincoln Park Pool and Community Fieldhouse. Comments were made concerning the increase in fees for season passes at the Fieldhouse. Mr. McCoy stated the Fieldhouse was really busy. Comments were made by Council concerning a decrease in fee for the Industrial Waste surcharges. Mr. Collins stated a rate study would be completed within the next month. It was suggested that the fee stay the same as last year. Fire Chief Cory Schmidt commented on the firework and burn permits. Regional Planning Director Chad Nabity commented on the increase in fees for Blight Study Adoption, Redevelopment Plan Adoption, and Redevelopment Plan Amendment. City Administrator Mary Lou Brown commented on the upcoming Council meetings for the 2013-2014 budget. ADJOURNMENT: The meeting was adjourned at 9:16 p.m. RaNae Edwards City Clerk Grand Island Council Session - 8/27/2013 Page 66 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-2 Approving Minutes of August 13, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 67 / 260 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING August 13, 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 August 13, 2013. Notice of the meeting was given in The Grand Island Independent on August 7, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Bob Niemann, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick and City Engineer and Public Works Director John Collins. INVOCATION was given by Councilmember Peg Gilbert followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Hannah Price. BOARD OF EQUALIZATION: Motion by Dugan, second by Donaldson, carried unanimously to adjourn to the Board of Equalization. #2013-BE-5 – Determining Revision of Benefits for Water Main District 398T – North Road between Potash Hwy. and Stolley Park Road. Utilities Director Tim Luchsinger reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Water Main District No. 398T which was approved in 1992. Two parcels of land had been sold to Chief Industries, Inc. and had been re-platted as Lots 1-4, Chief/Westgate Subdivision. A revision of the benefits for Water Main District 398T in an amount of $25,882.93 was recommended. Motion by Nickerson, second by Niemann to approve Resolution #2013-BE-5. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Minton, second by Donaldson carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Acquisition of Public Right-of-Way, Permanent Easements and Temporary Easements for the Capital Avenue – Webb Road to Broadwell Avenue Widening Project (State of Nebraska Department of Administrative Services). Public Works Director John Collins reported that to accommodate the public utilities and a widened roadway along Capital Avenue from Webb Road to Broadwell Avenue it was requested that public right-of-way, two (2) permanent easement areas and five (5) temporary easement areas be acquired from the State of Nebraska. Staff recommended approval. No public testimony was heard. Grand Island Council Session - 8/27/2013 Page 68 / 260 Page 2, City Council Regular Meeting, August 13, 2013 Public Hearing on Consideration of Creating Five-Year Downtown Business Improvement District 2013. Community Development Administrator Marco Floreani reported that if approved this would create the Downtown Business Improvement District 2013 as allowed by State Statute for five years. Staff recommended approval. No public testimony was heard. Public Hearing on Consideration of Creating One-Year Second Street Business Improvement District 2013. Community Development Administrator Marco Floreani reported that if approved this would create the Second Street Business Improvement District 2013 as allowed by State Statute for one year. Staff recommended approval. Don Albright, 2405 Parkview Drive spoke in opposition and Bob Dodendorf, 1404 South Harrison spoke in support. No further public testimony was heard. Public Hearing on Consideration of Creating Three-Year Fonner Park Business Improvement District 2013. Community Development Administrator Marco Floreani reported that if approved this would create the Fonner Business Improvement District 2013 as allowed by State Statute for three years. Staff recommended approval. No public testimony was heard. Public Hearing on Consideration of Creating Three-Year South Locust Business Improvement District 2013. Community Development Administrator Marco Floreani reported that if approved this would create the South Locust Business Improvement District 2013 as allowed by State Statute for three years. Staff recommended approval. No public testimony was heard. RESOLUTION: #2013-270 – Consideration of Authorizing 2013 Sewer System Revenue and Refunding Bonds and Redemption of Series 2003. Finance Director Jaye Monter introduced Bruce Lefler with Ameritas who reported that Series 2013 Sewer System Revenue and Refunding Bonds would replace the Series 2003 Sewer System Revenue and Refunding Bonds at a lower interest rate in an amount not-to-exceed $40,000,000 to help fund a portion of the capital projects of the Sanitary Sewer System. Motion by Haase, second by Nickerson to approve Resolution #2013-270. Upon roll call vote, all voted aye. Motion adopted. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9434 – Consideration of Authorizing Series 2013 Sewer System Revenue Refunding Bonds #9435 – Consideration of Creating Five-Year Downtown Business Improvement District 2013 #9436 – Consideration of Creating One-Year Second Street Business Improvement District 2013 #9437 – Consideration of Creating Three-Year Fonner Park Business Improvement District 2013 Grand Island Council Session - 8/27/2013 Page 69 / 260 Page 3, City Council Regular Meeting, August 13, 2013 #9438 – Consideration of Creating Three-Year South Locust Business Improvement District 2013 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. #9434 – Consideration of Authorizing Series 2013 Sewer System Revenue Refunding Bonds This item related to the aforementioned Resolution. Motion by Dugan, second by Minton to approve Ordinance #9434. City Clerk: Ordinance #9434 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 #9434 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 #9434 is declared to be lawfully adopted upon publication as required by law. #9435 – Consideration of Creating Five-Year Downtown Business Improvement District 2013 This item related to the aforementioned Public Hearing. Comments were made concerning the BIDs name. City Attorney Bob Sivick explained the notice of publication requirements and changes to the Ordinance regarding assessments to this district. Snow removal on sidewalks and maintenance of parallel streets was explained as part of the BIDs’ responsibility. Motion by Donaldson, second by Niemann to approve Ordinance #9435. City Clerk: Ordinance #9435 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 #9435 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 #9435 is declared to be lawfully adopted upon publication as required by law. Mayor Vavricek turned the meeting over to Council President Niemann and recused himself from Ordinance #9436 due to a conflict of interest which was on file in the City Clerk’s office. Grand Island Council Session - 8/27/2013 Page 70 / 260 Page 4, City Council Regular Meeting, August 13, 2013 #9436 – Consideration of Creating One-Year Second Street Business Improvement District 2013 This item related to the aforementioned Public Hearing. Chamber of Commerce President Cindy Johnson commented on notification to the property owners. Building Department Director Craig Lewis explained the landscaping requirements and that this district had an impact on CVS Pharmacy coming to Grand Island. Bob Dodendorf, 1404 South Harrison Street commented on the improvements planned for this district next year with regards to the buffalo grass. Project Manager Scott Griepenstroh explained the background of the buffalo grass and the changes planned. Comments were made concerning this as an exit strategy for this BID. Motion by Gilbert, second by Donaldson to approve Ordinance #9436. City Clerk: Ordinance #9436 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. Councilmember Paulick abstained. Motion adopted. City Clerk: Ordinance #9436 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. Councilmember Paulick abstained. Motion adopted. Council President: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9436 is declared to be lawfully adopted upon publication as required by law. The meeting was turned over to Mayor Vavricek. #9437 – Consideration of Creating Three-Year Fonner Park Business Improvement District 2013 This item was related to the aforementioned Public Hearing. Motion by Dugan, second by Hehnke to approve Ordinance #9437. City Clerk: Ordinance #9437 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 #9437 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: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9437 is declared to be lawfully adopted upon publication as required by law. #9438 – Consideration of Creating Three-Year South Locust Business Improvement District 2013 This item related to the aforementioned Public Hearing. Motion by Dugan, second by Minton to approve Ordinance #9435. Grand Island Council Session - 8/27/2013 Page 71 / 260 Page 5, City Council Regular Meeting, August 13, 2013 City Clerk: Ordinance #9438 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 #9438 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: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9438 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-21 was pulled for further discussion. Motion by Donaldson, second by Minton to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 23, 2013 City Council Regular Meeting. Approving Minutes of August 6, 2013 City Council Study Session. Approving Request of Fonner Park Exposition and Events Center, Inc. (Heartland Events Center) for Ratification of Nomination and Election of Board of Directors. Approving Appointment of Matt Green to Business Improvement District #6 Board. #2013-253 – Approving Purchase of Portable Radios from Platte Valley Communications of Grand Island, Nebraska in an Amount of $30,990.00. #2013-254 – Approving Revision of Connection Fees for Water Main District 398T – North Road between Potash Hwy. and Stolley Park Road. #2013-255 – Approving Bid Award for Insertable Dust Collectors – Conveyor #2 and #4 at Platte Generating Station from Martin Engineering of Neponset, IL in an Amount of $65,588.00. #2013-256 – Approving Bid Award for Ortho-Polyphosphate for Corrosion Control – Utilities Department from Carus Phosphates, Inc. of Peru, IL in an Annual Amount Estimated at $86,184.00. #2013-257 – Approving Certificate of Final Completion for Water Main Project 2011-W-4 – Merrick County with Van Kirk Brothers Contracting of Sutton, NE. #2013-258 – Approving Lease Purchase of a Combination Sewer Cleaner Truck for the Streets Division of the Public Works Department from Nebraska Environmental Products of Lincoln, NE for a Total Repayment Amount of $323,148.85. #2013-259 – Approving Acquisition of Utility Easement for Sanitary Sewer District No. 528 – Wildwood Subdivision (Lawney L. Rathman and Mitchell H. Stauffer). #2013-260 – Approving Temporary Construction Easement for Sanitary Sewer District No. 528 – Wildwood Subdivision (Lawney L. Rathman and Mitchell H. Stauffer). Grand Island Council Session - 8/27/2013 Page 72 / 260 Page 6, City Council Regular Meeting, August 13, 2013 #2013-261 – Approving Compensation for Temporary Construction Easement Cleanup for Sanitary Sewer District No. 528 – Wildwood Subdivision; Tennant – Plains Irrigation Sales & Service, Inc. of Grand Island, NE in an Amount of $17,200.00. #2013-262 – Approving Change Order No. 1 for South and West Interceptor Improvements; Project No. 212-S-4 with SAK Construction, LLC of O’Fallen, MO for a reduction of $10,395.00 and a Revised Contract Amount of $730,382.00. #2013-263 – Approving Certificate of Final Completion for South and West Interceptor Sewer Improvements; Project No. 2012-S-4 with SAK Construction, LLC of O’Fallen, MO. #2013-264 – Approving Acquisition of Public Right-of-Way, Permanent Easements and Temporary Easements for the Capital Avenue – Webb Road to Broadwell Avenue Widening Project (State of Nebraska Department of Administrative Services). #2013-265 – Approving Leasehold Agreement for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 for a Total Amount of $100.00 (Gary, Donald and Leroy Houdek). #2013-266 – Approving Increase to the City’s Share of the US Highway 34 Improvements from US Highway 281 to South Locust Street – NDOR Project No. STP 34-4(126); Control No. 41994 in the Amount of $14,625.42 and a Revised Contract Amount of $146,058.50. #2013-267 – Approving Bid Award for Furnishing and Installation of New Restroom in Stolley Park with Nelson Contracting of Grand Island, NE in an Amount of $105,800.00. #2013-268 – Approving Certificate of Final Completion for Construction of a New Lincoln Pool with Hausmann Construction, Inc. of Lincoln, NE. #2013-269 – Approving Sole Source Purchase of State Bridge Software for the Fire Department from Imagetrend in an Amount of $22,500 for set-up and first year and $13,500 per year after. Fire Chief Cory Schmidt reported this item related to software from Imagetrend for EMS and Fire reporting. Explained were the benefits to the Fire Department with this software. Discussion was held regarding cost and how to fund it. Fire Division Chief Russ Blackburn answered questions regarding the sole source software. He stated EMS through the state was with this company. Motion by Nickerson, second by Niemann to approve Resolution #2013-269. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2013-271 – Consideration of Legal Fee Contribution to Grand Island Chamber of Commerce. This item was pulled from the agenda. City Attorney Bob Sivick stated this item had been pulled because the firm to be hired had changed. PAYMENT OF CLAIMS: Grand Island Council Session - 8/27/2013 Page 73 / 260 Page 7, City Council Regular Meeting, August 13, 2013 Motion by Dugan, second by Nickerson to approve the Claims for the period of July 24, 2013 through August 13, 2013, for a total amount of $7,645,547.95. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:24 p.m. RaNae Edwards City Clerk Grand Island Council Session - 8/27/2013 Page 74 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-3 Approving Minutes of August 13, 2013 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 75 / 260 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION August 13, 2013 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 13, 2013. Notice of the meeting was given in the Grand Island Independent on August 7, 2013. Mayor Jay Vavricek called the meeting to order at 8:25 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Scott Dugan, John Gericke, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter, and City Engineer and Public Works Director John Collins. SPECIAL ITEMS: Health & Dental Benefits, Insurance Reserve Fund. Human Resources Director Brenda Sutherland reported that the City provided health and dental benefits to their employees, which was partially a self-funded plan. Blue Cross Blue Shield of Nebraska was a paid third party to administer, pay claims and provide stop loss coverage. Currently the stop loss was $150,000 per participant. Ms. Sutherland stated the City’s health plan experienced a heavier than usual claims year in 2012-2013, with over $6.5 million in medical and dental claims. The higher claims and the impact of the implementation associated with Affordable Care Act influenced the higher costs for the City’s health plan for 2013-2014. In order to slow down the rising health care costs and still offer employees a quality health care plan, the following changes were proposed: Move the dental insurance to become a stand-alone voluntary benefit. Employees who elect this benefit will pay 30% of the premium cost. Increase the cost of the traditional health plan benefit by 13.5% ($11.66/single/month). Increase will be closer to 24% ($20.34/single/month) if the same level of dental is chosen. Add a more competitively priced Qualified High Deductible Health Plan with an HSA option. Discussed was the increase in single health coverage at $11.66/single/month. The total would be $29.00 with the City picking up the difference. Ms. Sutherland compared the current plan to the qualified high deductible health plan proposed as follows: Traditional Plan: Grand Island Council Session - 8/27/2013 Page 76 / 260 Page 2, City Council Study Session, August 13, 2013 Deductible: $500/$1,000 Dr. Office Copay: $35 - $50 Specialist Drug Copays: $10/$25/$40/$50 + 20% ($100 max.) Maximum out of pocket (In Network): $1,800/$3,600 Qualified High Deductible Health Plan: Deductible: $3,000/$5,500 Maximum out of pocket (In Network): $3,000/$5,500 Initial seed money into HSA - $1,000 single/$2,000 family No increase over current premium Ms. Sutherland explained the Health Savings Account (HSA) which was like a flex account; allowed employees to put money into this account tax deferred and could be accumulated over time. Reviewed were the cost to employees for health and dental insurance. Introduced was Chad Svoboda with Strong Financial who answered questions regarding the HSA account. It was recommended that the dental insurance continue with Delta Dental. Administrative fees had been reduced per participating employee with a 3 year guarantee on fees. Dan Quick, 1019 Kennedy Drive, representative of the Health Committee, spoke in support of the HSA if the seed money was adequate and not put the employee at a high risk. Council recessed at 9:40 p.m. and reconvened at 9:50 p.m. Finance Director Jaye Monter reviewed the Insurance Reserve Fund cash balance, Insurance Reserve Fund claims/fees history. Also reviewed were the Health Insurance Cash Reserve, Work Comp Insurance Cash Reserve and General Insurance Cash Reserve. 2013-2014 Proposed Budget Presentation - FTEs. Finance Director Jaye Monter reviewed the Full-Time Equivalent (FTE) positions included in the 2013-2014 proposed budget. A total of 12.50 FTEs were proposed in the amount of $936,000. Seven FTEs in the Police Department, one FTE for the Metropolitan Planning Organization, two in the Public Works Department, 1/2 FTE in the Parks – HPSP, and two FTEs in the Electric Utilities Department. Mentioned was the new array for the FOP and non-union employees for 2014 because of the Metropolitan Statistical Area (MSA) designation. Existing contract increases were as follows: IAFF – 2.5%, AFSCME – 1.5% and IBEW – 2.75%. Emergency Management Director Jon Rosenlund and Police Chief Steve Lamken explained their requests for FTEs. Parks and Recreation Director Todd McCoy answered questions concerning the hours of operation for the Heartland Public Shooting Park (HPSP) with an additional FTE. He stated the hours would not change. Discussion was held regarding the funding for the extra 0.50 employee. Mentioned was having a fiscal policy for subsidized programs. Requested was data from the new Lincoln Pool. Utilities Director Tim Luchsinger commented on the 2 FTEs requested. Total cost of the additional FTEs to the City would be $936,000. Grand Island Council Session - 8/27/2013 Page 77 / 260 Page 3, City Council Study Session, August 13, 2013 Councilmembers Gericke, Haase, and Gilbert stated they would like a hard copy of the budget. City Administrator Mary Lou Brown stated the Budget in Brief would be available next week, which was the same as last year. ADJOURNMENT: The meeting was adjourned at 11:00 p.m. RaNae Edwards City Clerk Grand Island Council Session - 8/27/2013 Page 78 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-4 Approving Minutes of August 15, 2013 City Council Special Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 79 / 260 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 15, 2013 Pursuant to due call and notice thereof, a Special Council meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 15, 2013. Notice of the meeting was given in the Grand Island Independent on August 9, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Scott Dugan, John Gericke, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Linna Dee Donaldson, and Bob Niemann. Councilmember Chuck Haase was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter, and City Engineer and Public Works Director John Collins. INVOCATION given by Community Youth Council member Marlena Ramirez followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Marlena Ramirez. SPECIAL ITEMS: Community Redevelopment Authority 2013-2014 Budget. Regional Planning Director Chad Nabity reviewed the Community Redevelopment Authority (CRA) 2013-2014 budget. CRA was requesting property tax revenues of $667,500 including $195,000 for the Lincoln Pool Construction and Bonds and $472,500 for all other CRA programs for a proposed levy of $0.026. These funds would be used to purchase dilapidated properties/infrastructure, façade development and other projects. The following carry over projects were mentioned: downtown projects (lighting), housing study with GIAEDC, and fire sprinkler project for Gibby’s Bar property. Explained was the match on façade projects. Mentioned was the budget process with the CRA board. Finance Director Jaye Monter explained the “Less Commitments” line item in the budget. Employee Pension Reserve Funds: Finance Director Jaye Monter reported that the 2013-2014 budget included three fiduciary funds to account for assets held in trust for pension benefits of police and fire employees subject to a defined benefit pension plan. Excess funds from the Fire Reserve Fund were transferred to the General Fund each budget year to cover employer pension costs. The net assets of the Fire Reserve Fund remained in excess of future liabilities, the net assets of the Police Reserve Fund were not sufficient to meet future obligations of pension benefits for the remaining 6 pre-84 police officers and one disabled police officer. The following funds were explained: 800 Fund – Police and Fire Pension Fund – accounts for direct pension payments to personnel who retired prior to 84 under a defined benefit plan – 24 remain Grand Island Council Session - 8/27/2013 Page 80 / 260 Page 2, City Council Special Meeting, August 15, 2013 805 Fund – Police Reserve Fund – accounts for administration of the pre-84 police officers pension benefits under a defined benefit plan – 6 remain 810 Fund – Fire Reserve Fund – accounts for administration of the pre-84 firefighters pension benefits under a defined benefit plan – 1 remain Ms. Monter stated the unallocated funds in the pension plan represented funds accumulated in an account within the pension plan from unvested employer contributions. Reviewed was the Statement of Net Assets – Fiduciary Funds. Discussion was held regarding the $5,125,906 investments from the General Fund. Robert Evnen from Woods & Aitken, LLP commented on the city’s right to control Funds 805 and 810. The City could not touch the Wells Fargo account. City Attorney Robert Sivick stated the pension funds were held by Wells Fargo. The 805 and 810 Funds were internal funds and were not statutory. Discussion was held regarding the three 800 funds. It was proposed that there be one retirement fund and not three. Motion by Dugan, second by Gilbert to directing City Administration to create one fund by combining the 800, 805 and 810 funds. Employee Pension Reserve Funds. Upon roll call vote, Councilmembers Minton, Dugan, Gilbert, Nickerson, Hehnke, Donaldson, and Niemann voted aye. Councilmember Paulick and Gericke voted no. Motion adopted. RESOLUTION: #2013-272 – Approving Health and Dental Insurance Renewal. Human Resources Director Brenda Sutherland reported that funding needs for fiscal year 2013-2014 were projected at $7.1 million for health and dental insurance expenses. Proposed was a qualified high deductible plan with a $3,000/$5,500 in-network deductible. The traditional plan had a $500/$1,000 in-network deductible. Also proposed was initial seed money to be paid to plan participants Health Savings Account (HSA) in the amount of $1,000 for single coverage and $2,000 for 2/4 and family coverage in January 2014. It was recommended the City stay with Delta Dental and the dental plan be a stand-alone plan which would give the employee a choice of participating or not. Dan Quick, 1019 Kennedy Drive, representative of the Health Committee, commented on the HSA plan and requested more seed money to encourage employees to be a part of this plan and to continue future seed money. Council recessed at 8:15 p.m. and reconvened at 8:23 p.m. Ms. Sutherland stated it was brought to her attention this item was not posted in a timely manner and could not be voted on tonight. General Fund Revenue Considerations. Presented were the following Grand Island Fiscal Revenue Policies and supporting slides showing how the City was in compliance: Cash Balances – cash balances should be used only for one-time expenditures, such as capital equipment and improvements, or contingency accounts Budgeting – no appropriations measure shall be submitted to or adopted by the Mayor and City Council in which estimated total expenditures, including an accrued deficit, exceed estimated total revenues, including an available surplus Grand Island Council Session - 8/27/2013 Page 81 / 260 Page 3, City Council Special Meeting, August 15, 2013 Stability – a diversified and stable revenue system shall be maintained to ensure fiscal health and absorb short run fluctuations in any one revenue source and ongoing operating costs should be supported by ongoing, stable revenue sources City Administrator Mary Lou Brown reported that revenue growth of 3.9% equated to $1,533,224 and available revenue surplus from current fiscal year was $1,694,136. She stated a large portion of the 2013-2014 budget was funded with non-recurring revenue of $1,694,136. The most stable revenue was from property tax and the least stable revenue was from sales tax/other. In between were the Food & Beverage and all other occupation taxes. The forecasted September 30, 2013 ending cash balance was $10,157,318. Budgeted cash balance for September 30, 2014 was $8,382,642. Reviewed were the funding sources and projected revenue growth for 2014 totaling $40,670,170. She stated a .01 mill levy equates to $0.83 per month for owner of $100,000 home. Today, the same owner pays $27 per month for all city services. Ms. Brown stated there was $1,694,136 in available revenue surplus from 2013 and it could be used to: reduce increased level of taxes, cash reserve, or fund 400 Fund Capital to start addressing infrastructure needs. Comments were made regarding looking to the future and how to fund future expenses. Ms. Brown stated the 2013-2014 budget was balanced at this point. Mayor Vavricek commented on tax authority. Mentioned was not having a budget book to look at. Mayor stated the request for the General Fund was $42.4 million. Revenue was projected at an increase of 3.9%. Comments were made about Program Prioritization and not cutting the lower quartiles. It was suggested that City staff project expenses to 2017. Ms. Monter stated she would get budget summaries to the Council next week. Mayor commented on the positives in the community. Ms. Brown stated Tuesday, August 20th meeting would include: FOP Contract, Salary Ordinance, Parks & Recreation, Debt issue, and General Fund expenses. ADJOURNMENT: The meeting was adjourned at 9:34 p.m. RaNae Edwards City Clerk Grand Island Council Session - 8/27/2013 Page 82 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-5 Approving Minutes of August 20, 2013 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 83 / 260 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION August 20, 2013 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 20, 2013. Notice of the meeting was given in the Grand Island Independent on August 17, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Scott Dugan, John Gericke, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter, and City Engineer and Public Works Director John Collins. INVOCATION was given by Community Youth Council student Michael Cornelius followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Michael Cornelius and board member Kelsey O’Dea. SPECIAL ITEMS: Discussion Concerning the Grand Island Veterans Home. Mayor Vavricek commented on the background of relocating the Veterans Home to Kearney and the request from the GI Home for Our Heroes Committee for $5,000 to research options of retaining the Grand Island Veterans Home in Grand Island. Mentioned was the support of Council by passing three resolutions with regards to the Veterans Home. Cindy Johnson, president of the Grand Island Chamber of Commerce on behalf of GI Home for Our Heroes Committee updated the Council regarding the activities of the committee relating to the Veterans Home relocation. She stated there was an outcry from the community regarding the decision to relocate the Veterans Home to Kearney. Mentioned were unanswered questions from the community and the committee regarding the process. The request was for funding to hire a law firm to look into the process and answer those questions. Funding would be used for research, analysis and the evaluation. Mayor stated Councilmembers on the Home for Our Heroes Committee were John Gericke, Bob Niemann, and Chuck Haase. This item would come before Council on August 27, 2013 for Council action regarding the funding request. The following people spoke in support: Margaret Hornady, 2708 Arrowhead Road Ken Gnadt, 1610 Gretchen Grand Island Council Session - 8/27/2013 Page 84 / 260 Page 2, City Council Study Session, August 20, 2013 Pam Lancaster, 2809 Apache Road Linda Humrich, 425 Renee Road, Doniphan, NE Mayor stated the decision of going forward with this action could be far reaching and he wanted Council’s input. Comments were made by Council to go forward and show unity in our community. Mentioned was this should have been done sooner, this was about the Veterans. Comments were made regarding the scoring process and the politics of the Governor’s decision. Finance Director Jaye Monter answered questions regarding the funding source. She stated this would come out of the Non-Department contingency account. Ms. Johnson answered questions regarding communicating with the Council regarding the information gathered through this contract. Mayor stated the Chamber of Commerce, Economic Development, and Hall County had agreed to fund this request. Ms. Johnson asked what the Mayors position was on this subject. He said he always supported the veterans and mentioned those events he was involved with. He was supportive of this effort. ADJOURNMENT: The meeting was adjourned at 7:53 p.m. RaNae Edwards City Clerk Grand Island Council Session - 8/27/2013 Page 85 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-6 Approving Minutes of August 20, 2013 City Council Special Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 86 / 260 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 20, 2013 Pursuant to due call and notice thereof, a Special Council meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 20, 2013. Notice of the meeting was given in the Grand Island Independent on August 14, 2013. Mayor Jay Vavricek called the meeting to order at 7:53 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Scott Dugan, John Gericke, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter, and City Engineer and Public Works Director John Collins. RESOLUTIONS: #2013-272 – Approving Health and Dental Insurance Renewal. Human Resources Director Brenda Sutherland reported that the Council reviewed the proposed changes to the health and dental plans at the August 13, 2013 Study Session. She gave a highlight of the changes which would include a high deductable plan with a Health Savings Account (HSA) with seed money at $1,000 for single and $2,000 for family and move the dental insurance to be a stand alone plan. Comments were made concerning the City’s stop loss coverage. Discussion was held regarding the seed money and whether to continue it in the future. Ms. Sutherland commented on the enrollment process. Motion by Haase, second by Minton to approve Resolution #2013-272. Upon roll call vote, all voted aye. Motion adopted. #2013-273 – Approving FOP Contract. Human Resources Director Brenda Sutherland reported the current labor agreement would expire on midnight September 30, 2013. The City’s negotiating team and the FOP’s negotiating team had met and agreed to terms of a new agreement using the new array as a Metropolitan Statistical Area community. The proposed labor agreement would begin October 1, 2013 and run through September 30, 2016. Reviewed were changes from the current agreement in: training and special events, vacation accrual, maximum medical leave accrual, call in pay, uniform allowance, field training officers, rates of pay and the step plan. Wage increases would be spread out over a three year period with an increase of 7% at the bottom and 8% at the top for both police officers and sergeants. Year two would be an adjustment to the scale of 2.5% across steps one through nine and a tenth step would be added. Year three would have another 2.5% increase across steps one through ten and an eleventh step would be added. Grand Island Council Session - 8/27/2013 Page 87 / 260 Page 2, City Council Special Meeting, August 20, 2013 Motion by Dugan, second by Gericke to approve Resolution #2013-273. Upon roll call vote, all voted aye. Motion adopted. FOP President Jarret Daugherty stated the process went very smoothly and quickly. The Mayor publicly signed the contract along with FOP President Daugherty. ORDINANCE: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9439 – Consideration of Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Niemann seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Human Resources Director Brenda Sutherland reported that changes in the Ordinance reflected the wages that had been agreed to by Council for employees covered under the AFSCME, IAFF and IBEW labor agreements. This Ordinance also included changes to FOP wages reflecting the new labor agreement. Non-union positions were surveyed with a new array because of the City becoming a Metropolitan Statistical Area (MSA). Motion by Minton, second by Niemann to approve Ordinance #9439. Discussion was held concerning the timing of this Ordinance before the rest of the budget was completed. Ms. Monter stated the proposed 2013-2014 budget book included the changes to salary. Ms. Brown stated this was brought forward in conjunction with the FOP contract, but it could wait until a later date. Motion by Haase, second by Hehnke to postpone Ordinance #9439 until the September 10, 2013 Regular Meeting. Upon roll call vote, Councilmembers Minton, Paulick, Dugan, Gilbert, Nickerson, Hehnke, Haase, Donaldson and Niemann. Councilmember Gericke voted no. Motion adopted. SPECIAL ITEMS: Parks and Recreation 2013-2014 Budget. Parks and Recreation Director Todd McCoy reviewed the revenue and expenses for all programs in the Parks Department. Mr. McCoy answered questions from Council concerning park operations, playground programs, Water Park, Lincoln Pool and Stolley Park Railroad. Ms. Brown commented on the personnel expenses of the Water Park. Mr. McCoy stated there were no improvements in this budget for the Water Park but we needed to be looked at in the future. Grand Island Council Session - 8/27/2013 Page 88 / 260 Page 3, City Council Special Meeting, August 20, 2013 Mr. McCoy introduced Doug Sweeney, Golf Course Superintendent. Reviewed were capital improvements, expenses and revenue projections. Ms. Monter stated the 2013-2014 budget year included using revenues received over the past few years for capital improvements. Recommended was a long range plan for the Golf Course. The Golf Course revenues projected for 2013-2014 were $684,746 and the expenses were projected at $712,240. Total Capital projects planned for 2013-2014 included: $50,000 Clubhouse building upgrade (replace siding and windows); $25,000 fence replacement and $492,538 irrigation upgrade project. Reviewed was the recommended fee increase for the Capital Fund expenditures. Total increases were expected to generate $18,000 - $20,000 of additional revenue in 2014. Introduced was Cemetery Superintendent Mark Sands. Mr. McCoy stated burial lots available were decreasing. Mentioned was the Cemetery expansion on Webb Road with a Master Plan and Design in 2014, Phase 1 construction in 2015 and begin operation of expanded Cemetery in 2016. Mr. McCoy stated there were approximately 20 acres of land and it would be a phased project. Discussion was held regarding moving the current ball fields at Webb Road to the Veterans Athletic Field. City Attorney Robert Sivick commented on the legal aspects of the Cemetery Trust Fund. $615,000 was currently in the Cemetery Trust Fund. Perpetual maintenance was mentioned. Heartland Public Shooting Park 2013-2014 Budget. Parks and Recreation Director Todd McCoy gave a brief history of the Heartland Public Shooting Park (HPSP) going back to 1974 when the Parks Department developed a skeet range along South Locust Street by the City well field site. In April 2004 the HPSP opened to the public under the management of the GI Skeet and Sporting Clay Club. It was then turned over to the City in October of 2005. Over $4 million of private and public money had been invested to date at the HPSP. Reviewed were events held at HPSP which included regional and national events. Financial trends were presented. Mr. McCoy recommended adding 0.50 FTE to the budget to hire a full time office coordinator position due to the customer base and number of events. Explained was a request from GI Skeet and Sporting Clay Club requesting the final $10,000 of a $100,000 loan approved in March 2004 be forgiven. The GI Skeet and Sporting Clay Club had facilitated over $200,000 of donated capital assets to HPSP since the 2004 loan. Discussion was held regarding the $100,000 loan and assets. Tim O’Conner, 2112 West John Street, Secretary for GI Skeet and Sporting Clay Club explained the assets/donations of the volunteers. Insurance on the assets, which did not show on the City’s books, would be included in this year’s budget. Motion by Haase, second by Gericke to bring back a Resolution at the August 27, 2013 Council meeting to forgive the $10,000 loan. Upon roll call vote, all voted aye. Motion adopted. Mr. McCoy explained the function of the HPSP Advisory Board. Discussion was held regarding the proposed addition of a 0.50 FTE and increase in tax subsidy to HPSP. Shooting Park Superintendent Bill Starkey explained the need for a full-time position instead of a part-time position. Kent Coen, 2604 South Stuhr Road thanked the Council for their support of the HPSP. Grand Island Council Session - 8/27/2013 Page 89 / 260 Page 4, City Council Special Meeting, August 20, 2013 Council recessed at 10:00 p.m. and reconvened at 10:15 p.m. Councilmember Donaldson was absent at 10:15 p.m. Central Nebraska Humane Society. Finance Director Jaye Monter reported that in November 2002 an agreement was approved by Council giving the Central NE Humane Society use of a portion of Stolley Park to provide a holiday light display. In September 2003, Resolution #2003- 265 was approved requiring the Humane Society to pay for all electrical installation work up to $40,000. The actual loan amount was $39,512.80 and the Humane Society was to pay 15% of the net annual proceeds from the holiday light display to the City until the balance was paid in full. In June 2011, Resolution #2011-146 was approved by Council allowing the Humane Society to pay $100 annually starting in 2011 until 2013 with $10,000 payments beginning in 2014 until the City was paid in full. There was $17,979.47 remaining on the loan. The City and the Central Nebraska Humane Society were currently in negotiations for the 2013- 2014 fiscal year. Ms. Brown answered questions concerning the electrical outlets at Stolley Park. Comments were made by Council for a reason to forgive this loan and if it would affect the negotiations for a new contract. Humane Society Executive Director Laurie Dethloff stated this would not affect the negotiations for a new contract. Mayor stated there were requests from Board members for a loan forgiveness over the past few years. Ms. Dethloff requested this item be pulled and stated they would meet their obligations. Mr. McCoy explained some electrical boxes were being used and some were locked. The Parks Department paid for the electricity. Comments were made concerning the risk of these outlets. Mr. McCoy stated there were other outlets that were available to the public and collecting a fee would be difficult. Mayor commented on the background of the debt payments and discussions with the Central Nebraska Humane Society regarding forgiving the loan. General Fund 2013-2014 Budget Discussion continued. Finance Director Jaye Monter continued the General Fund budget discussion. Payroll costs, health and dental insurance, and combined pension funds had been finalized. Reviewed were the changes made to the General Fund Cash Balance, revenues, appropriations, capital, and transfers to the 400 Fund. Fire Chief Cory Schmidt answered questions regarding the new pumper truck that was purchased recently and if there was a trade-in on the old one. He stated they would keep the old truck until the new one came which could take up to a year. Discussion was held concerning the Pension Funds transfers. Ms. Monter stated the proposed ending cash balance for the 2014 Budget would be $8,224,053. Program prioritization in governance programs was reviewed. Emergency Management Director Jon Rosenlund answered questions regarding personnel costs. Reviewed was the projected growth over the next four years and the decrease in ending cash balances through 2017. Discussion was held regarding revenues, property tax, occupation taxes Grand Island Council Session - 8/27/2013 Page 90 / 260 Page 5, City Council Special Meeting, August 20, 2013 and future sustainable budgets. Ms. Brown answered questions regarding future budgets. She stated her opinion would be to increase property taxes and suggested a five year plan going forward. Councilmember Nickerson commented on pursuing a 1/2 cent sales tax to increase revenues to cover future expenses and would be sustainable revenue. Councilmember Haase stated a 1/2 cent sales tax was not the way to fix future budgets. He commented on past sales tax increases and where we were today. Ms. Monter stated the County had certified the valuation to the City today for an increase in valuation of $7,144,980 which resulted in additional property tax revenue of $23,157. Reviewed was 2013-2014 Budget meeting schedule. ADJOURNMENT: The meeting was adjourned at 11:49 p.m. RaNae Edwards City Clerk Grand Island Council Session - 8/27/2013 Page 91 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-7 #2013-274 - Approving Exchange of Property with Neidfelt Property Management, LLC of Tract A for Tract B and Tract D for Tract C in the Sterling Estates Fourth Subdivision This item relates to the aforementioned Public Hearing item E-8. Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 92 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-274 WHEREAS, an exchange of property is required between the City of Grand Island and Neidfelt Property Management, LLC, for a continuation of the hike and bike trail; and WHEREAS, the exchange of Tract A for Tract B in the Sterling Estates Fourth Subdivision, Hall County, Nebraska and more particularly described as follows: Tract A to be given to Neidfelt Property Management, LLC: A tract of land in part of the Northwest Quarter (NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the Southeast (SE) corner of said Northwest Quarter (NW ¼); thence on an assumed bearing of N89º07’58”W, along the South line of said Northwest Quarter (NW ¼), a distance of 90.03 feet to the point of intersection of said South line and the West line of City of Grand Island Drainage Right-of-Way (R.O.W.); thence N00º15’38”E, along said West line, a distance of 1,504.28 feet to the Point of Beginning; thence N89º07’20”W for a distance of 158.48 feet; thence N00º52’40”E a distance of 10.00 feet; thence S89º07’20”E a distance of 158.38 feet to a point on said West line of the Drainage Right-of-Way; thence S00º15’38”W along said West line, a distance of 10.00 feet to the Point of Beginning. Said tract contains a calculated are of 1,584 square feet or 0.03 acres more or less. Tract B to be received from Neidfelt Property Management, LLC: A tract of land in part of the Northwest Quarter (NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the Southeast (SE) corner of said Northwest Quarter (NW ¼); thence on an assumed bearing of N89º07’58”W, along the South line of said Northwest Quarter (NW ¼), a distance of 90.03 feet to the point of intersection of said South line and the West line of City of Grand Island Drainage Right-of-Way (R.O.W.); thence N00º15’38”E, along said West line, a distance of 1,554.28 feet to the Point of Beginning; thence N89º07’20”W for a distance of 157.95 feet; thence N00º52’40”E a distance of 10.00 feet; thence S89º07’20”E a distance of 157.84 feet to a point on said West line of the Drainage Right-of-Way; thence S00º15’28”W, along said West line, a distance of 10.00 feet to the Point of Beginning. Said tract contains a calculated are of 1,579 square feet or 0.04 acres more or less; and WHEREAS, the exchange of Tract D for Tract C in the Sterling Estates Fourth Subdivision, Hall County Nebraska and more particularly described as follows: Tract D to be given to Neidfelt Property Management, LLC: Grand Island Council Session - 8/27/2013 Page 93 / 260 - 2 - A tract of land in part of the Northwest Quarter (NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the Southeast (SE) corner of said Northwest Quarter (NW ¼); thence on an assumed bearing of N89º07’58”W, along the South line of said Northwest Quarter (NW ¼), a distance of 90.03 feet to the point of intersection of said South line and the West line of City of Grand Island Drainage Right-of-Way (R.O.W.); thence N00º15’38”E, along said West line, a distance of 1,504.28; thence N89º07’20”W a distance of 218.48 feet to the Point of Beginning; thence N89º07’20”W for a distance of 120.00 feet; thence N00º52’40”E a distance of 10.00 feet; thence S89º07’20”E a distance of 120.00; thence S00º52’20”W a distance of 10.00 feet to the Point of Beginning. Said tract contains a calculated are of 1,200 square feet or 0.03 acres more or less. Tract C to be received from Neidfelt Property Management, LLC: A tract of land in part of the Northwest Quarter (NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the Southeast (SE) corner of said Northwest Quarter (NW ¼); thence on an assumed bearing of N89º07’58”W, along the South line of said Northwest Quarter (NW ¼), a distance of 90.03 feet to the point of intersection of said South line and the West line of City of Grand Island Drainage Right-of-Way (R.O.W.); thence N00º15’38”E, along said West line, a distance of 1,554.28 feet; thence N89º07’20”W for a distance of 217.95 feet to the Point of Beginning; thence N89º07’20”W for a distance of 120.00 feet; thence N00º52’40”E a distance of 10.00 feet; thence S89º07’20”E a distance of 120.00 feet; thence S00º52’20”W a distance of 10.00 feet to the Point of Beginning. Said tract contains a calculated are of 1,200 square feet or 0.03 acres more or less. WHEREAS, an Agreement for the exchange of property 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 exchange of properties of the above described tracts 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. - - - Grand Island Council Session - 8/27/2013 Page 94 / 260 - 3 - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 95 / 260 2013-1214PROJECT NO: DRAWN BY: 07/09/13DATE: LJW EXHIBIT FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd StreetSTERLING ESTATES FOURTH SUBDIVISION 1R Grand Island Council Session - 8/27/2013 Page 96 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-8 #2013-275 - Approving Acquisition of Utility Easement - Lots 1 through 26, Westwood Park 12th Subdivision - Ratliff This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/27/2013 Page 97 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-275 WHEREAS, a public utility easement is required by the City of Grand Island, from Curt L. Ratliff, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on August 27, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The northwesterly five (5.0) feet Lot One (1), Westwood Park Twelfth Subdivision in the City of Grand Island, Hall County, Nebraska, adjacent to the southeasterly right-of- way line of Westwood Circle; and The northeasterly five (5.0) feet of Lot One (1), Westwood Park Twelfth Subdivision, adjacent to the southwesterly right-of-way line of Redwood Road; and The easterly five (5.0) feet of Lot Two (2), Westwood Park Twelfth Subdivision, adjacent to the westerly right-of-way line of said Redwood Road; and The northerly five (5.0) feet of Lot Three (3), Westwood Park Twelfth Subdivision, adjacent with the southerly right-of-way line of said Westwood Circle; and The easterly five (5.0) feet of Lot Four (4), Westwood Park Twelfth Subdivision, adjacent to the westerly right-of-way line of said Westwood Circle; and The southeasterly five (5.0) feet of Lot Five (5), Westwood Park Twelfth Subdivision, adjacent to the northwesterly right-of-way of said Westwood Circle; and The northeasterly five (5.0) feet of Lot Five (5), Westwood Park Twelfth Subdivision, adjacent to the southwesterly right-of-way line of said Redwood Road; and The easterly five (5.0) feet of Lot Six (6), Lot Seven (7), Lot Eight (8), Lot Nine (9), Lot Ten (10), Lot Eleven (11), Lot Twelve (12), Lot Thirteen (13), Lot Fourteen (14), Lot Fifteen (15), Lot Sixteen (16), and Lot Seventeen (17), Westwood Park Twelfth Subdivision, adjacent to the westerly right-of-way line of said Redwood Road; and The westerly five (5.0) feet Lot Eighteen (18), Lot Nineteen (19), Lot Twenty (20), Lot Twenty One (21), Lot Twenty Two (22), Lot Twenty Three (23), and Lot Twenty Four (24), Westwood Park Twelfth Subdivision, adjacent to the easterly right-of-way line of said Redwood Road; and The southwesterly five (5.0) feet of Lot Twenty Five (25) and Lot Twenty Six (26), Westwood Park Twelfth Subdivision, being adjacent to the northwesterly right-of-way line of said Redwood Road. Grand Island Council Session - 8/27/2013 Page 98 / 260 - 2 - The above-described easement and right-of-way containing a combined total of 0.32 acres, more or less, as shown on the plat dated 6/26/2013, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Curt L. Ratliff, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 99 / 260 Grand Island Council Session - 8/27/2013 Page 100 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-9 #2013-276 - Approving Acquisition of Utility Easement - Part of Lot One and Lot Two, Dinsdale Subdivision - Dinsy, L.L.C. This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/27/2013 Page 101 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-276 WHEREAS, a public utility easement is required by the City of Grand Island, from Dinsy, L.L.C., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on August 27, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: TRACT ONE (1) A tract of land located in part of Lot One (1), Dinsdale Subdivision in the City of Grand Island, Hall County, Nebraska, being more particularly described as follows: Commencing at the Northeast corner of said Lot One (1); thence on an assumed bearing of S00º14’23”W, along the easterly line of said Lot One (1) and the westerly right-of- way line of Webb Road, a distance of twenty two and seven hundredths (22.07) feet to the ACTUAL Point of Beginning of Tract 1; thence continuing S00º14’23”W along the easterly line of said Lot One (1) and the westerly right-of-way line of said Webb Road, a distance of twenty (20.0) feet; thence N90º00’00”W a distance of five hundred twenty seven and thirty hundredths (527.30) feet; thence N00º00’00”E a distance of thirty seven and nine hundredths (37.09) feet to a point on the northerly line of said Lot One (1); thence S89º27’32”E, along the northerly line of said Lot One (1), a distance of twenty (20.0) feet; thence S00º00’00”W a distance of seventeen and twenty eight hundredths (17.28) feet; thence S90º00’00”E a distance of twenty six and forty two hundredths (26.42) feet; thence N00º00’00”E a distance of ten (10.0) feet; thence S90º00’00”E a distance of ten (10.0) feet; thence S90º00’00”W a distance of ten (10.0) feet; thence S90º00’00”E a distance of two hundred ninety five and eighty nine hundredths (259.89) feet; thence N00º00’00”E a distance of five (5.0) feet; thence S90º00’00”E a distance of ten (10.0) feet; thence S00º00’00”W a distance of five (5.0) feet; thence S90º00’00”E a distance of one hundred sixty five and seven hundredths (165.07) feet to a point on the easterly line of said Lot One (1) and the westerly right-of- way line of said Webb Road being the said Point of Beginning of Tract 1. TRACT TWO (2) A tract of land located in part of Lot One (1), Dinsdale Subdivision in the City of Grand Island, Hall County, Nebraska, being more particularly described as follows: Commencing at Northwest corner of said Lot One (1); thence on an assumed bearing of N89º27’32”E along the northerly line of said Lot One (1), a distance of two hundred eighty eight and seven hundredths (288.07) feet to the ACTUAL Point of Beginning of Tract 2; thence continuing N89º27’32”E along the northerly line of said Lot One (1), a distance of twenty (20.0) feet; thence S00º14’03”W a distance of four hundred fifty one and ninety three hundredths (451.93) feet; thence N89º26’02”E and parallel with the southerly line of said Lot One (1), a distance of two hundred twenty three and thirty two hundredths (223.32) feet to a point on the westerly line of Lot Two (2), said Dinsdale Subdivision; thence S00º15’14”W, along the westerly line of said Lot Two (2), a Grand Island Council Session - 8/27/2013 Page 102 / 260 - 2 - distance of twenty five (25.0) feet to a point being the Southeast corner of said Lot One (1); thence S89º26’02”W, along the southerly line of said Lot One (1), a distance of two hundred forty three and thirty one hundredths (243.31) feet; thence N00º14’03”E a distance of four hundred seventy six and ninety four hundredths (476.94) feet to a point on the northerly line of said Lot One (1) being the said Point of Beginning of Tract 2. TRACT THREE (3) A tract of land located in part of Lot One (2), Dinsdale Subdivision in the City of Grand Island, Hall County, Nebraska, being more particularly described as follows: Commencing at the Southwest corner of said Lot Two (2); thence on an assumed bearing of N89º27’09”E, along the southerly line of said Lot Two (2) and the northerly right-of-way line of Stolley Park Road, a distance of fifteen and thirty nine hundredths (15.39) feet to the ACTUAL Point of Beginning of Tract 3; thence N00º14’42”E and parallel to the westerly line of said Lot Two (2), a distance of twenty and seventy eight (20.78) feet; thence N89º45’18”W a distance of fifteen and thirty eight hundredths (15.38) feet to a point on the westerly line of said Lot Two (2); thence N00º14’42”E, along the westerly line of said Lot Two (2), a distance of four hundred ten and one hundredths (410.01) feet to the Northeast Corner of an existing twenty (20.0) foot wide easement described in Instrument Number 200512026 and recorded at the Hall County, Nebraska Register of Deeds Office; thence S89º45’18”E a distance of twenty five (25.0) feet; thence S00º14’42”W and parallel to the westerly line of said Lot Two (2), a distance of three hundred eighty and forty four hundredths (380.44) feet; thence S89º45’18”E a distance of ten and thirty eight hundredths (10.38) feet; thence S00º14’42” and parallel to the westerly line of said Lot Two (2), a distance of fifty (50.0) feet to a point on the southerly line of said Lot Two (2) and the northerly right- of-way line of said Stolley Park Road; thence S89º27’09”W along the southerly line of said Lot Two (2) and the northerly right-of-way line of said Stolley Park Road, a distance of twenty (20.0) feet to the said Point of Beginning of Tract 3. The above-described easement and right-of-way containing a combined total of 0.85 acres, more or less, as shown on the plat dated 8/8/2013, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Dinsy, L.L.C., on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Grand Island Council Session - 8/27/2013 Page 103 / 260 - 3 - Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 104 / 260 Grand Island Council Session - 8/27/2013 Page 105 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-10 #2013-277 - Approving Acquisition of Utility Easement - 1612 S. Webb Road - Mead Building Center This item relates to the aforementioned Public Hearing item E-7. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 8/27/2013 Page 106 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-277 WHEREAS, a public utility easement is required by the City of Grand Island, from Mead Building Centers of Grand Island Real Estate, L.L.C., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on August 27, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: TRACT ONE (1) A twenty (20.0) foot wide tract of land located in part of Lot Two (2), Highway 281 Estates Subdivision in the City of Grand Island, Hall County, Nebraska, said tract being more particularly described as follows: Commencing at the Southwest corner of Lot Two (2), Highway 281 Estates Subdivision; thence on an assumed bearing of N89º27’32”E, along the southerly line of said Lot Two (2), a distance of two hundred eighty eight and seven hundredths (288.07) feet to the ACTUAL Point of Beginning of Tract 1; thence N00º14’32”E a distance of twenty (20.0) feet; thence N89º27’32”E and parallel with southerly line of said Lot Two (2), a distance of one hundred thirty five (135.0) feet to a point on the westerly line of an existing twenty (20.0) foot wide easement described in Instrument Number 200109725, recorded in the Hall County, Nebraska, Register of Deeds Office; thence southerly along the westerly line of said existing twenty (20.0) foot wide easement, a distance of twenty (20.0) feet to a point on the southerly line of said Lot Two (2); thence S89º27’32”W, along the southerly line of said Lot Two (2), a distance of one hundred thirty five (135.0) feet to the said Point of Beginning of Tract 1. TRACT TWO (2) A twenty (20.0) foot wide tract of land located in part of Lot Two (2), Highway 281 Estates Subdivision in the City of Grand Island, Hall County, Nebraska, said tract being more particularly described as follows: Commencing at the Southeast Corner of said Lot Two (2), Highway 281 Estates Subdivision; thence on an assumed bearing of S89º27’32”W along the southerly line of said Lot Two (2), a distance of five hundred seven and fifty hundredths (507.50) feet; thence N00º00’00”E a distance of twenty (20.0) feet to a point on the northerly line of an existing twenty (20.0) foot wide easement described in Instrument Number 200109725, recorded in the Hall County, Nebraska, Register of Deeds Office, said point being the ACTUAL Point of Beginning; thence S89º27’32”W along the northerly line of said existing twenty (20.0) foot wide easement, a distance of twenty (20.0) feet; thence N00º00’00”E a distance of eighty five and thirty six hundredths (85.36) feet to a point on the southerly line of an existing twenty four (24.0) foot wide access and utility easement to the lease area described in Instrument Number 200503899, recorded in the Hall County, Nebraska, Register of Deeds Office; thence easterly along the southerly line of said existing twenty four (24.0) foot wide access and utility easement, a distance Grand Island Council Session - 8/27/2013 Page 107 / 260 - 2 - of twenty (20.0) feet; thence S00º00’00”W a distance of eighty five and fifteen hundredths (85.15) feet to a point on said existing twenty (20.0) foot wide easement, being the said Point of Beginning of Tract 2. The above-described easement and right-of-way tracts containing a combined total of 0.10 acres, more or less, as shown on the plat dated 8/8/2013, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Mead Building Centers of Grand Island Real Estate, L.L.C., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 108 / 260 Grand Island Council Session - 8/27/2013 Page 109 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-11 #2013-278 - Approving Certificate of Final Completion for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/27/2013 Page 110 / 260 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:August 27, 2013 Subject:Approving Certificate of Final Completion for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1 Item #’s:G-11 Presenter(s):John Collins PE, Public Works Director Background J.I.L. Asphalt Paving Co. of Grand Island, Nebraska was awarded a $30,844.00 contract on July 23, 2013. Work on the project commenced on August 13, 2013 and was completed on August 15, 2013. This project addressed pavement in the Chamber Lot (north side of Second Street, east side of Walnut Street); Nathan's Lot (south side of South Front Street, east side of Pine Street); and the Dodge Lot (between First Street and Division Street, from Walnut Street to Wheeler Avenue). Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Work was completed at a total cost of $24,004.30. The original bid amount exceeded the Engineer’s estimate; however, it was determined appropriate to award the contract in order to repair potholes that were hazardous for motorists and pedestrians. The amount of pavement repair work was reduced to the amount of funds that were available. The project was underrun by $6,839.70. Another pavement patching and crack repair project will be planned for next year after the availability of funds is determined. Grand Island Council Session - 8/27/2013 Page 111 / 260 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 Public Works Administration recommends that the Council approve the Certificate of Final Completion for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1. Sample Motion Move to approve the Certificate of Final Completion for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1. Grand Island Council Session - 8/27/2013 Page 112 / 260 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Downtown Parking Lot Pavement Patching & Crack Repair CITY OF GRAND ISLAND, NEBRASKA August 27, 2013 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Downtown Parking Lot Pavement Patching & Crack Repair Project No. 2013-PL-1 has been fully completed by J.I.L. Asphalt Paving Co. of Grand Island, Nebraska under the contract dated August 8, 2013. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1 Item No.Description Total Quantity Unit Unit Price Total Cost 1 Mobilization 1.00 l.s.$3,225.00 $3,225.00 2 Crack Repair, Type C 260.00 l.f.$4.70 $1,222.00 3 Asphalt Pavement Removal for Patching, Partial Depth 216.00 s.y.$39.75 $8,586.00 4 Asphalt Pavement Removal for Patching, Full Depth 85.00 s.y.$80.00 $6,800.00 5 Asphaltic Concrete for Patching, Type SPL 70.70 ton $59.00 $4,171.30 6 Remove and Replace Unsuitable Material 0.00 c.y.$50.00 $0.00 $24,004.30 Base Bid Total Bid Section #1 = Item I hereby recommend that the Engineer’s Certificate of Final Completion for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1 be approved. _______________________________________________________________________________ John Collins, PE–City Engineer/Public Works Director Jay Vavricek – Mayor Grand Island Council Session - 8/27/2013 Page 113 / 260 Grand Island Council Session - 8/27/2013 Page 114 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-278 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Project No. 2013-PL-1, Downtown Parking Lot Pavement Patching & Crack Repair, certifying that J.I.L. Asphalt Paving Co. of Grand Island, Nebraska, under contract, has completed such work; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 115 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-12 #2013-279 - Approving Agreement with Olsson Associates for Construction Engineering Services for the Third and Wheeler Historical Lighting Project Staff Contact: John Collins PE - Public Works Director Grand Island Council Session - 8/27/2013 Page 116 / 260 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:August 27, 2013 Subject:Approving Agreement with Olsson Associates for Construction Engineering Services for the Third and Wheeler Historical Lighting Project Item #’s:G-12 Presenter(s):John Collins PE, Public Works Director Background All agreements must be approved by the City Council. On May 24, 2011 City Council approved the Project Program Agreement between the City Of Grand Island and Nebraska Department of Roads for utilizing Federal-aid Transportation Enhancement (TE) Program funds for the Third and Wheeler Downtown Historical Lighting Improvement project. This project will construct 20 Historical Street Lights one block west, one block east and one half block south of the Kaufmann Park at 3rd Street and Wheeler Avenue. The purpose of the project is to revitalize and preserve historical Downtown Grand Island, and to provide adequate lighting for pedestrians and motorists. The design of the street lighting poles and luminaires is based on other historical lights located in Grand Island’s Downtown. The brick paver strip along the public sidewalk in the project corridor will also be replaced to upgrade walkway conditions and embellish the historical appearance. Adjacent deteriorated sidewalk will also be replaced at some locations. The Downtown Business Improvement District will provide the local matching funds (20%) through their revenues and through funding awarded by the Community Redevelopment Authority. Discussion The City of Grand Island solicited the Request for Proposals for Engineering Consulting Services related to the Third and Wheeler Historical Lighting project on July 20, 2011. The scope of services in the Request for Proposals included Construction Engineering Services. Grand Island Council Session - 8/27/2013 Page 117 / 260 Olsson Associates was selected to perform Construction Engineering Services based on qualifications detailed in the firm’s on-call proposal to NDOR for these services, their experience with Federal Aid Transportation projects, and their familiarity with the Third and Wheeler Historical Lighting project design and specifications. Public Works Engineering staff conducted negotiations to determine the appropriate scope and fee to satisfy FHWA and NDOR requirements and to ensure quality construction inspection and project management. Preliminary Engineering services were procured through the Small Purchase Procurement Procedures as per Section 4.3.2 of the Local Public Agencies Guidelines for Federal-Aid Projects. As per guidance from the Local Projects Division of the Nebraska Department of Roads, the City of Grand Island may contract Construction Engineering services up to the difference between $60,000.00 and the total amount expended for Preliminary Engineering services. This difference is $11,128.18. Olsson Associates will be paid a fixed-fee-for-profit of $1,266.14 and up to a maximum amount of $9,832.38 for actual costs in accordance with Exhibit “B”, with a total amount of $11,098.52. City of Grand Island staff will perform most of the construction oversight and project management tasks, and all construction staking. The City of Grand Island will be reimbursed 80% of these costs. The tentative start date for construction is September 30, 2013. The project is expected to be completed in November 2013. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approves the agreement with Olsson Associates to perform construction engineering services for the Third and Wheeler Historical Lighting Project. Sample Motion Move to approve the agreement with Olsson Associates to perform construction engineering services for the Third and Wheeler Historical Lighting Project. Grand Island Council Session - 8/27/2013 Page 118 / 260 Grand IslandCouncil Session - 8/27/2013Page 119 / 260 Grand Island Council Session - 8/27/2013 Page 120 / 260 Grand Island Council Session - 8/27/2013 Page 121 / 260 Grand Island Council Session - 8/27/2013 Page 122 / 260 Grand Island Council Session - 8/27/2013 Page 123 / 260 Grand Island Council Session - 8/27/2013 Page 124 / 260 Grand Island Council Session - 8/27/2013 Page 125 / 260 Grand Island Council Session - 8/27/2013 Page 126 / 260 Grand Island Council Session - 8/27/2013 Page 127 / 260 Grand Island Council Session - 8/27/2013 Page 128 / 260 Grand Island Council Session - 8/27/2013 Page 129 / 260 Grand Island Council Session - 8/27/2013 Page 130 / 260 Grand Island Council Session - 8/27/2013 Page 131 / 260 Grand Island Council Session - 8/27/2013 Page 132 / 260 Grand Island Council Session - 8/27/2013 Page 133 / 260 Grand Island Council Session - 8/27/2013 Page 134 / 260 Grand Island Council Session - 8/27/2013 Page 135 / 260 Grand Island Council Session - 8/27/2013 Page 136 / 260 Grand Island Council Session - 8/27/2013 Page 137 / 260 Grand Island Council Session - 8/27/2013 Page 138 / 260 Grand Island Council Session - 8/27/2013 Page 139 / 260 Grand Island Council Session - 8/27/2013 Page 140 / 260 Grand Island Council Session - 8/27/2013 Page 141 / 260 Grand Island Council Session - 8/27/2013 Page 142 / 260 Grand Island Council Session - 8/27/2013 Page 143 / 260 Grand Island Council Session - 8/27/2013 Page 144 / 260 Grand Island Council Session - 8/27/2013 Page 145 / 260 Grand Island Council Session - 8/27/2013 Page 146 / 260 Grand Island Council Session - 8/27/2013 Page 147 / 260 Grand Island Council Session - 8/27/2013 Page 148 / 260 Grand Island Council Session - 8/27/2013 Page 149 / 260 Grand Island Council Session - 8/27/2013 Page 150 / 260 Grand Island Council Session - 8/27/2013 Page 151 / 260 Grand Island Council Session - 8/27/2013 Page 152 / 260 Grand Island Council Session - 8/27/2013 Page 153 / 260 Grand Island Council Session - 8/27/2013 Page 154 / 260 Grand Island Council Session - 8/27/2013 Page 155 / 260 Grand Island Council Session - 8/27/2013 Page 156 / 260 Grand Island Council Session - 8/27/2013 Page 157 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-279 WHEREAS, the Third and Wheeler Downtown Historical Lighting Improvement project program agreement was approved by City Council on May 24, 2011 between the City of Grand Island and Nebraska Department of Roads for utilizing Federal-aid Transportation Enhancement (TE) Program funds; and WHEREAS, the City of Grand Island as a sub-recipient of Federal-Aid funding is charged with the responsibility of expending said funds in accordance with Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of the Federal-Aid project; and WHEREAS, the City of Grand Island and Olsson Associates, Inc. of Grand Island, Nebraska wish to enter into a Construction Engineering Services Agreement to provide construction oversight related to the Third and Wheeler Downtown Historical Lighting Improvement project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign the attached Construction Engineering Services Agreement between the City of Grand Island and Olsson Associates, Inc. of Grand Island, Nebraska. NDOR Project No. ENH-40(60) NDOR Control No. 42651 NDOR Project Description - Grand Island 3rd and Wheeler Historical Lighting Improvements - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 158 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-13 #2013-280 - Approving Change Order No. 5 for Lift Station No. 7 Improvements; Project No. 2011-S-1A Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/27/2013 Page 159 / 260 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:August 27, 2013 Subject:Approving Change Order No. 5 for Lift Station No.7 Improvements Project No. 2011-S-1A Item #’s:G-13 Presenter(s):John Collins PE, Public Works Director Background Public Works in conjunction with Community Development developed multi-year contracts in upgrades for the capacity and quality of sanitary sewer in an area of Grand Island defined as the Lift Station No. 7 Watershed. The projects are Community Development Block Grant (CDBG) Disaster Recovery Programs. On July 26, 2012 an ad to bidders for Project WWTP-2011-S-1A, Lift Station No. 7 Improvements was published in the Grand Island Daily Independent. On August 28, 2012, Resolution 2012-224, City Council awarded, Project WWTP-2011- S-1A, Lift Station No. 7 Improvements to The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $479,558.95. On March 12, 2013, Resolution 2013-66, City Council approved Change Order No. 1 encompassing work to remove asbestos found in the roofing material by B2 Environmental, Inc., in the amount of $1,897.50 for a revised contract amount of $481,456.45. On April 23, 2013, Resolution 2013-121 City Council approved Work Change Directive No. 1 incorporating a required mechanical fitting to transition from the existing forced pumping main to new piping systems, in the amount of $466.00. On July 9, 2013, Resolution 2013-220 City Council approved Change Order Nos. 2 & 3 encompassing work in finalizing Work Change Directive No. 1, the addition of safety grab bars, isolation valve, steel I-Beam, concrete pavement, and surplus brick veneer credit, in the amount of $3,336.89 for a revised contract amount of $484,793.34. On July 23, 2013 Resolution 2013-242 City Council approved Change Order No. 4 encompassing a revised connection to existing six (6) inch force main to include a forty- five (45) degree fitting and additional twenty (20) foot section of six (6) inch ductile iron pipe. Grand Island Council Session - 8/27/2013 Page 160 / 260 Discussion The Project Engineer has issued a certificate of final completion of August 23, 2013 for all work in project Lift Station No. 7 Improvements, 2011-S-1A. Change Order No. 5 adds nine (9) calendar days to the previous final completion date of August 14, 2013, for a new final completion date of August 23, 2013. TOTAL COST FOR CO5-1 $ 0.00 TOTAL SUMMARY OF COSTS $ 0.00 Wastewater staff and the consulting engineer Olsson Associates have reviewed the reasoning in adding nine (9) additional days and believe such consideration will bring benefit to the overall finished product. 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 authorization to extend the project final completion date of August 14, 2013 to August 23, 2013 with The Diamond Engineering Company of Grand Island, Nebraska in Lift Station No. 7 Improvements, 2011-S-1A. Sample Motion Move to approve the Mayor of the City of Grand Island, Nebraska authorized on behalf of the City of Grand Island to execute a Change Order No. 5 with The Diamond Engineering Company of Grand Island, Nebraska. Grand Island Council Session - 8/27/2013 Page 161 / 260 Grand Island Council Session - 8/27/2013 Page 162 / 260 LIFT STATION NO. 7Grand IslandCouncil Session - 8/27/2013Page 163 / 260 Approved as to Form ¤ ___________ August 27, 2013 ¤ City Attorney R E S O L U T I O N 2013-280 WHEREAS, On August 28, 2012, by Resolution 2012-224, City Council awarded, Project WWTP-2011-S-1A, Lift Station No. 7 Improvements to The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $479,558.95; and WHEREAS, On March 12, 2013, by Resolution 2013-66, City Council approved Change Order No. 1 encompassing professional services for removal and disposal of asbestos in a previous roofing system for the amount of $1,897.50 for a revised contract amount of $481,456.45; and WHEREAS, On April 23, 2013, by Resolution 2013-121, City Council approved Work Change Directive No. 1 incorporating a required mechanical fitting to transition from the existing forced pumping main to new piping systems, in the estimated amount of $466.00; and WHEREAS, On July 9, 2013, by Resolution 2013-220, City Council approved Change Order Nos. 2 & 3 incorporating the finished services of Work Change Directive No. 1, and incorporated various mechanical components to the pump station, with a civil edit in a concrete slab grade, and provide savings to the project in using owner provided brick veneer in the amount of $3,336.89 for a revised contract amount of $484,793.34; and WHEREAS, On July 23, 2013, by Resolution 2013-242, City Council approved Change Order No. 4 providing a revised fitting connection, and pipe to the existing ductile iron forced pumping main in the amount of $470.00 for a revised contract amount of $485,263.34; and WHEREAS, Change Order No.5 adds nine (9) calendar days to the previous final completion date of August 14, 2013, for a new final completion date of August 23, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that authorization to extend the project final completion date of August 14, 2013 to August 23, 2013 with The Diamond Engineering Company of Grand Island, Nebraska is hereby approved; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Change Order No. 5 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 164 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-14 #2013-281 - Approving Certificate of Final Completion for Lift Station No. 7 Improvements; Project 2011-S-1A Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/27/2013 Page 165 / 260 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:August 27, 2013 Subject:Approving Certificate of Final Completion for Lift Station No. 7 Improvements; Project 2011-S-1A Item #’s:G-14 Presenter(s):John Collins PE, Public Works Director Background Lift Station 7, installed in the early 1960s currently provides sanitary sewer pumping for an area in southern Grand Island generally between Anna Street and Stolley Park Road/Harrison and Blaine Streets. This service area includes 1,127 structures in single family homes, multi-family residences, and businesses. The primary purpose of the Lift Station No. 7 Improvements Project included a building replacement, and upgrades to the sanitary sewer lift station forced pumping systems. This included full replacement of all functional components to upgrade system integrity and capacity. A 2008 Community Development Block Grant (CDBG) in the amount of $1,003,365 has been awarded to assist in funding administration services and various project phases. The project “Lift Station No. 7 Improvements” Project No. 2011-S-1A was awarded to Diamond Engineering Co., of Grand Island, Nebraska on September 12, 2012. Discussion The project provided new building construction housing gravity sewer pumping equipment. The pumping equipment was upgraded to “Dry Pit Submersible Pumping System”. This provides functionality that the station can take flooding condition while maintaining operational status. Variable drive technology is being utilized for continuous pumping; this allows mechanical and motor efficiency in the fluctuating pump station flows. Additionally, a flow monitoring device was installed. The building was designed to current city building codes and Nebraska Department of Environmental Quality (NDEQ) standards. Grand Island Council Session - 8/27/2013 Page 166 / 260 A unique attribute to the new pumping station is the flexibility to deliver flow to three (3) separate gravity collectors. The pumping system will utilize one (1) gravity collector normally, or if flow demand dictates any combination of the three (3) outlets can be optimized. City Staff has reviewed the completed work and has issued a certificate of final completion in accordance with the terms, conditions, and stipulations of the contract, the plans, and the specifications. The project was completed at a total cost of $485,637.62. The allocation of the total project cost is divided into eighty three percent (83%) or $403,079.22 Community Development Grant Funded, and Wastewater funds represent the remaining seventeen percent (17%) or $82,558.40. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve a resolution authorizing the Certificate of Final Completion. 2.Refer the issue to a Committee. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation Public Works Administration recommends that the Council approve the Certificate of Final Completion for the Lift Station No. 7 Improvements, Project No.2011-S-1A. Sample Motion Move to approve the Certificate of Final Completion for the Lift Station No. 7 Improvements, Project No.2011-S-1A. Grand Island Council Session - 8/27/2013 Page 167 / 260 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Lift Station No.7 Improvements PROJECT NO. 2011-S-1A August 27, 2013 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that the Lift Station No. 7 Improvements, Project No. 2011-S-1A has been completed by Diamond Engineering Co., of Grand Island, Nebraska under contract dated September 12, 2012. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work is hereby accepted with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. LIFT STATION NO. 7 IMPROVEMENTS, PROJECT 2011-S-1A Lift Station No.7 Improvements: $ 485,263.34 Change Order No. 1, Asbestos Abatement $ 1,897.50 Change Order Nos. 2, Mechanical Valve $ 466.00 Change Order No. 3, Structural, Civil Components $ 2,870.89 Change Order No. 4, Mechanical Fittings $ 470.00 Change Order No. 5, Time Extension $ 0.00 Total $ 485,263.34 SUMMARY OF OTHER COST Advertisement in GI Daily Independent $ 274.28 Building Inspection Department $ 100.00 Total of Other Cost $ 374.28 TOTAL COST OF: LIFT STATION NO. 7 IMPROVEMENTS PROJECT 2011-S-1A $ 485,637.62 Community Development Grant Funded (83%)$ 403,079.22 Wastewater Enterprise Funded (17%) $ 82,558.40 Grand Island Council Session - 8/27/2013 Page 168 / 260 Respectfully submitted, John Collins Director of Public Works August 27, 2013 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for Lift Station No.7 Improvements, Project No. 2011-S-1A be approved. Respectfully submitted, Jay Vavricek Mayor Grand Island Council Session - 8/27/2013 Page 169 / 260 Grand Island Council Session - 8/27/2013 Page 170 / 260 LIFT STATION NO. 7Grand IslandCouncil Session - 8/27/2013Page 171 / 260 Approved as to Form ¤ ___________ July 9, 2013 ¤ City Attorney R E S O L U T I O N 2013-281 WHEREAS, the City Engineer/Public Works Director issued a Certificate of Final Completion for the Lift Station No. 7 Improvements, Project No. 2011-S-1A certifying that Diamond Engineering Co., of Grand Island, Nebraska, completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the Engineer’s certificate of final completion; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for the Lift Station No. 7 Improvements, Project No. 2011-S-1A is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 172 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-15 #2013-282 - Approving Change Order No. 2 for 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/27/2013 Page 173 / 260 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:August 27, 2013 Subject:Approving Change Order No. 2 for 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3 Item #’s:G-15 Presenter(s):John Collins PE, Public Works Director Background On October 4, 2012 the Engineering Division of the Public Works Department advertised for bids for the 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3. The completed project provides a new interceptor sewer line added along the south side of 5th Street from Eddy Street to Vine Street. The sewer line size will be a twenty-one (21) inch line with an approximate length of thirty seven hundred (3,700) feet. The existing 15-inch vitrified clay sewer line that is located in the alley between 4th Street and 5th Street from Eddy Street to Vine Street will be rehabilitated with a combination of spot repairs and the installation of a Cured In Place Pipe (CIPP) liner. On August 28, 2012, Resolution 2012-360, City Council awarded, Project 2012-S-3, 5th Street Sanitary Sewer Improvements to The Van Kirk Brothers Contracting of Sutton, Nebraska, in the amount of $1,734,105.93. Community Development Block Grant has allocated revitalization funds to a portion of the project in the amount of $499,638.70. On July 23, 2013, Resolution 2013-241, City Council approved Change Order No. 1 for a construction time extension of forty-five (45) days in bid section “A”, and construction time extension of thirty-one (31) days in bid section “B”. Grand Island Council Session - 8/27/2013 Page 174 / 260 Discussion CHANGE ORDER NO. 2 Change Order No. 2-1 The Incorporated work required the addition of 23.6 feet of fifteen (15) inch CIPP liner. Bid Unit Price Units Quantity Change Total Price Change $45.30 Linear Feet 23.6 $1,069.08 TOTAL COST FOR CO2-1 $ 1,069.08 Change Order No. 2-2 The Incorporated work required the deletion of 64.0 feet of fifteen (15) inch clay tile pipe repair. It was determined after video inspection the contractor means and methods eliminated the need to replace pipe prior to liner installation. Bid Unit Price Units Quantity Change Total Price Change $40.00 Linear Feet 64.0 $(2,560.00) TOTAL COST FOR CO2-2 $ (2,560.00) Change Order No. 2-3 The Incorporated work required the deletion of 6.0 each open excavation pits. It was determined after video inspection the contractor means and methods eliminated the need to replace pipe prior to liner installation. Bid Unit Price Units Quantity Change Total Price Change $5,000.00 Each 6.0 $(30,000.00) TOTAL COST FOR CO2-3 $ (30,000.00) Change Order No. 2-4 The Incorporated work required the addition of 2.0 each sewer services reinstated with robotic cutting equipment after lining installation. Bid Unit Price Units Quantity Change Total Price Change $80.30 Each 2.0 $160.60 TOTAL COST FOR CO2-4 $ 160.60 Change Order No. 2-5 The Incorporated work required the deletion of 8.0 each sewer services reinstated after spot repair work. Bid Unit Price Units Quantity Change Total Price Change $1,500.00 Each 8.0 $(12,000.00) Grand Island Council Session - 8/27/2013 Page 175 / 260 TOTAL COST FOR CO2-5 $ (12,000.00) Change Order No. 2-6 The Incorporated work required the deletion of 29.0 each of four (4) inch service liners (Top Hats). It was determined after video inspection the existing service(s) condition was reclassified to non-critical eliminating the service liner installation. Bid Unit Price Units Quantity Change Total Price Change $3,250.00 Each 29.0 $(94,250.00) TOTAL COST FOR CO2-6 $ (94,250.00) Change Order No. 2-7 The Incorporated work required the deletion of 345.0 square yards of concrete street pavement. Bid Unit Price Units Quantity Change Total Price Change $65.00 Square Yard 345.0 $(22,425.00) TOTAL COST FOR CO2-7 $ (22,425.00) Change Order No. 2-8 The Incorporated work required the deletion of 1.0 each of storm water inlet grate. Bid Unit Price Units Quantity Change Total Price Change $2,000.00 Each 1.0 $(2,000.00) TOTAL COST FOR CO2-7 $ (2,000.00) TOTAL SUMMARY OF COSTS $ (162,005.32) Wastewater staff and the consulting engineer Olsson Associates have reviewed the changed condition(s) and believe such changes will bring benefit to the overall finished product. Change Order No. 2 will extend the construction completion date to August 12, 2013. Project Retainage in the amount of $6,618.83 will be released on Pay Application No. 3. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 8/27/2013 Page 176 / 260 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 authorization to adjust line item quantities to the final constructed units as described in Change Order No. 2 with The Van Kirk Brothers of Sutton, Nebraska for 5th Street Sanitary Sewer Improvements, Project 2012-S-3. Sample Motion Move to approve the Mayor of the City of Grand Island, Nebraska authorized on behalf of the City of Grand Island to execute a Change Order No. 2 with The Van Kirk Brothers of Sutton, Nebraska for a contract reduction in the amount of $(162,005.32) for a revised contract amount of $1,572,100.61. Grand Island Council Session - 8/27/2013 Page 177 / 260 Grand Island Council Session - 8/27/2013 Page 178 / 260 Grand IslandCouncil Session - 8/27/2013Page 179 / 260 Grand IslandCouncil Session - 8/27/2013Page 180 / 260 Approved as to Form ¤ ___________ August 27, 2013 ¤ City Attorney R E S O L U T I O N 2013-282 WHEREAS, On August 28, 2012, Resolution 2012-360, City Council awarded Project 2012-S-3, 5th Street Sanitary Sewer Improvements to The Van Kirk Brothers Contracting of Sutton, Nebraska, in the amount of $1,734,105.93; and WHEREAS, On July 23, 2013, Resolution 2013-241, City Council approved Change Order No. 1 incorporating additional construction calendar days into the contract; and WHEREAS, Change Order No. 2 balances the construction bid unit quantities measurements based on the actual field measurements from final installed work for bid section “B” in cost reduction amount of $(162,005.32). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that authorization to proceed with the scope described in Change Order No. 2 with The Van Kirk Brothers Contracting of Sutton, Nebraska is hereby approved for a revised contract amount of $1,572,100.61; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Change Order No. 2 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 181 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-16 #2013-283 - Approving Certificate of Final Completion for 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3 Bid Section “B” Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 8/27/2013 Page 182 / 260 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:August 27, 2013 Subject:Approving Certificate of Final Completion for 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3 Bid Section “B” Item #’s:G-16 Presenter(s):John Collins PE, Public Works Director Background The project “5th Street Sanitary Sewer Improvements” Project No. 2012-S-3 was awarded to The Van Kirk Brothers Contracting of Sutton, Nebraska on December 18, 2012 in the amount of $1,734,105.93. The primary purpose of the 5th Street Sanitary Sewer Improvements Project, Bid Section “B” is to rehabilitate the existing 15-inch vitrified clay sewer line that is located in the alley between 4th Street and 5th Street from Eddy Street to Vine Street with a combination of spot repairs and the installation of a Cured In Place Pipe (CIPP) liner. Community Development Block Grant has allocated revitalization funds to a portion of the project in the amount of $499,638.70. On July 23, 2013, Resolution 2013-241, City Council approved Change Order No. 1 for a construction time extension of thirty-one (31) days in bid section “B”. Additionally, On August 27, 2013 Resolution 2013-282, City Council approved Change Order No. 2 in balancing the construction bid unit quantities measurements based on the actual field measurements from final installed work for bid section “B” in a cost reduction amount of $(162,005.32). Discussion The engineer for the project, Black & Veatch of Kansas City, Missouri, and Olsson Associates of Grand Island. along with City Staff, have reviewed the completed work and have issued a certificate of final completion (August 23, 2013) in accordance with the terms, conditions, and stipulations of the contract, the plans, and the specifications. Grand Island Council Session - 8/27/2013 Page 183 / 260 The project; Bid Section “B” provided lining systems to approximately thirty-eight hundred (3,800) feet of existing vitrified clay pipe segment(s), in fifteen (15) inch diameter pipe. The project was completed at a total cost of $337,633.38. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve a resolution authorizing the Certificate of Final Completion. 2.Refer the issue to a Committee. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation Public Works Administration recommends that the Council approve the Certificate of Final Completion for the 5th Street Sanitary Sewer Improvements, Project No. 2012-S-3, Bid Section “B”. Sample Motion Move to approve the Certificate of Final Completion for the 5th Street Sanitary Sewer Improvements, Project No. 2012-S-3, Bid Section “B”. Grand Island Council Session - 8/27/2013 Page 184 / 260 ENGINEER’S CERTIFICATE OF FINAL COMPLETION 5th Street Sanitary Sewer Improvements Bid Section “B” Project No. 2012-S-3 August 27, 2013 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that the 5th Street Sanitary Sewer Improvements, Project No. 2012-S-3, Bid Section “B” has been completed by The Van Kirk Brothers Contracting of Sutton, Nebraska under contract dated January 18, 2013. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work is hereby accepted with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. 5th STREET SANITARY SEWER IMPROVEMENTS, PROJECT 2012-S-3, BID SECTION “B” 5th Street Sanitary Sewer Improvements; Bid Section “B”: $ 499,638.70 Change Order No. 2, Quantity Adjustments $ (162,005.32) TOTAL PROJECT COST $ 337,633.38 SUMMARY OF OTHER COST None $ 0.00 TOTAL OTHER COST $ 0.00 TOTAL COST OF: 5th Street Sanitary Sewer Improvements PROJECT 2012-S-3 $ 337,633.38 Grand Island Council Session - 8/27/2013 Page 185 / 260 Respectfully submitted, John Collins Director of Public Works August 27, 2013 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for 5th Street Sanitary Sewer Improvements, Project No. 2012-S-3, Bid Section “B” be approved. Respectfully submitted, Jay Vavricek Mayor Grand Island Council Session - 8/27/2013 Page 186 / 260 Grand Island Council Session - 8/27/2013 Page 187 / 260 Grand IslandCouncil Session - 8/27/2013Page 188 / 260 Approved as to Form ¤ ___________ August 27, 2013 ¤ City Attorney R E S O L U T I O N 2013-283 WHEREAS, the Engineer, Black & Veatch of Kansas City, Missouri, and Olsson Associates of Grand Island issued a Certificate of Final Completion for the 5th Street Sanitary Sewer Improvements, Project No. 2012-S-3, Bid Section “B” certifying that The Van Kirk Brothers Contracting of Sutton, Nebraska, completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the Engineer’s certificate of final completion; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for the 5th Street Sanitary Sewer Improvements, Project No. 2012-S-3, Bid Section “B” is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 189 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-17 #2013-284 – Approving Forgiving Loan to Grand Island Skeet and Sporting Clay Club Staff Contact: Jaye Monter Grand Island Council Session - 8/27/2013 Page 190 / 260 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:August 27, 2013 Subject:Consideration of Forgiving the Debt Owed by the Grand Island Skeet and Sporting Clay Club Item #’s:G-17 Presenter(s):Jaye Monter, Finance Director Background On March 9, 2004 the Grand Island City Council (Council) approved Resolution 2004-46 authorizing the City of Grand Island (City) to lend One Hundred Thousand Dollars ($100,000.00) to the Grand Island Skeet and Sporting Clay Club (Club) to defray the expense of moving the skeet range to its present location at the Heartland Public Shooting Park. As of this date Ten Thousand Dollars ($10,000.00) of that loan remains unpaid. Since 2004 the Club has made over Two Hundred Thousand Dollars ($200,000.00) in capital improvements to the City owned Heartland Public Shooting Park. On August 20, 2013 the subject of the Club’s loan was discussed during that evening’s meeting of the Council. The Council directed City staff to bring a Resolution before it granting forgiveness of the unpaid portion of the City’s loan to the Club. Discussion As the governing body of the City, the Council has authority to forgive loans on behalf of the City. Approving the Resolution before you tonight would forgive the unpaid portion of the City’s loan to the Club. 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. Grand Island Council Session - 8/27/2013 Page 191 / 260 3.Postpone the issue to a future date. 4.Take no action on the issue. Recommendation The City Administration recommends the approval of Resolution 2013-284. Sample Motion Move to approve Resolution 2013-284. Grand Island Council Session - 8/27/2013 Page 192 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-284 WHEREAS, on March 9, 2004 the Grand Island City Council approved Resolution 2004-46 authorizing the City of Grand Island to lend One Hundred Thousand Dollars ($100,000.00) to the Grand Island Skeet and Sporting Clay Club to defray the expenses of relocating the skeet range to its present location at the Heartland Public Shooting Park; and WHEREAS, Ten Thousand Dollars ($10,000.00) of that loan remains unpaid; and WHEREAS, since 2004 the Grand Island Skeet and Sporting Clay Club has made over Two Hundred Thousand Dollars ($200,000.00) in capital improvements to the Heartland Public Shooting Park; and WHEREAS, in light of the above the City Council believes it to be equitable and in the best interests of the City to forgive the unpaid balance of the above referenced loan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the unpaid balance of Ten Thousand Dollars ($10,000.00) of the loan made by the City to the Grand Island Skeet and Sporting Clay Club is hereby forgiven. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 193 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item G-18 #2013-285 - Approving Annual Agreement for Financial Software Licensing and Support Staff Contact: Jaye Monter Grand Island Council Session - 8/27/2013 Page 194 / 260 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:August 27, 2013 Subject:Approving Annual Agreement for Financial Software Licensing and Support Item #’s:G-18 Presenter(s):Jaye Monter, Finance Director Background On July 10, 2001, Council approved the purchase and implementation of Tyler Technologies’ MUNIS integrated financial software system for the City of Grand Island. This financial software continues to provide the City of Grand Island excellent service and support for financial information. Each year in order to receive software upgrades and technical assistance from the company, it is necessary to enter into an annual Support Agreement. Discussion The total cost for the period of 9/14/2013 to 9/13/2014 is $138,272.24. This includes system support and licensing updates for: Operating System Database Administrative Support $26,635.01, MUNIS Module Support and Update Licensing $108,637.23, and Graphic User Interface (GUI) Support $3,000. The Operating system Database Administrative Support provides service to the Information Technology department on system backup and recovery assistance, file permissions and security, system tools and user guides of each module, assistance on upgrades for each database as well as services for free on-site system server transfers. Munis Module Support and Update Licensing includes support and licensing for City staff to use the following accounting programs. Payroll, Human Resource Management, Project Accounting, Requisitions/Purchase Orders, Accounts Payable, General Ledger, Budget, General Billing, Accounts Receivable, Special Assessments, Fixed Assets, Laserfiche, Crystal Reports. Employee Self Service and Munis Office. Grand Island Council Session - 8/27/2013 Page 195 / 260 The laserfiche feature enables viewing of on-line accounts payable invoices, checks written, purchase orders, and secured employee direct deposit stubs. Crystal Reports is a report writing system that extracts data from each accounting module table to produce user defined reports. The Employee Self-Service module allows employees to have on-line access to pay history, W-2 information, leave balances, and make changes to their personal information such as addresses, phone numbers, dependents and emergency contacts. Employee Self- Service is also used annually for on-line cafeteria benefit deductions and has allowed the City to implement on-line employee absence approvals that flow directly into bi-weekly payroll batch processing. Munis Office connects Microsoft Office products Excel and Word to each accounting program. The Graphic User Interface (GUI) Support is the interface that creates the screens and user “look” to the database that holds information. Users can individualize the look and feel of each of their module screens showing different information in different ways. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 2013-2014 Contract with Tyler Technologies, Inc. for software support and licensing. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the 2013-2014 Annual Financial Support Agreement with Tyler Technologies, Inc. in the amount of $138,272.24. Sample Motion Move to approve the Annual Financial Support Agreement with Tyler Technologies, Inc. Grand Island Council Session - 8/27/2013 Page 196 / 260 Grand Island Council Session - 8/27/2013 Page 197 / 260 Grand Island Council Session - 8/27/2013 Page 198 / 260 Grand Island Council Session - 8/27/2013 Page 199 / 260 Grand Island Council Session - 8/27/2013 Page 200 / 260 Grand Island Council Session - 8/27/2013 Page 201 / 260 Grand Island Council Session - 8/27/2013 Page 202 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-285 WHEREAS, on July 10, 2001, by Resolution 2001-180, the City of Grand Island approved the proposal of Process, Inc., d/b/a Munis, to implement new accounting software with an integrated financial program; and WHEREAS, in order to receive continued upgrades and technical assistance from the company, it is necessary to enter into an annual Financial Support Agreement; and WHEREAS, the cost for the period of September 14, 2013 to September 13, 2014 for Operating System Database Administrative support is $26,635.01; and WHEREAS, the cost for the period of September 14, 2013 to September 13, 2014 for Munis Module support and update licensing is $108,637.23; and WHEREAS, the cost for the period of September 14, 2013 to September 13, 2014 for Graphic User Interface (GUI) support is $3,000.00; and WHEREAS, the proposed agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the annual Financial Support Agreement by and between the City and Tyler Technologies, Inc. for the amount of $138,272.24 is hereby approved. 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, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 203 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item H-1 Consideration of Forwarding Blighted and Substandard Area#14 Study to the Hall County Regional Planning Commission Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 204 / 260 Council Agenda Memo From:Chad Nabity, AICP Meeting:August 27, 2013 Subject:Proposed Blighted and Substandard Area #14 Item #’s:H-1 Presenter(s):Chad Nabity, Director Grand Island CRA Background Enclosed you will find a copy of a Substandard and Blight Study as prepared for Scott Rief by Marvin Planning Consultants. This study is for approximately 6.82 acres of property in north central Grand Island between 13th Street and Faidley Avenue east of Webb Road. The study as prepared and submitted indicates that this property could be considered substandard and blighted. The full study is attached for your review and consideration. Mr. Rief has submitted this study for the review and consideration of the Grand Island City Council as permitted by Nebraska law. This is a micro-blight study for a small area that Mr. Rief intends to redevelop if the area can be declared blighted and substandard. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council with a recommendation from the Planning Commission. The question before Council will be whether to send the Study to the Planning Commission for their review and feedback. If the item is not sent to the Planning Commission the Council cannot declare the area substandard and blighted. Planning Commission will meet on October 2 and would have a recommendation ready for the last Council meeting in October. Once an area has been declared substandard and blighted the CRA can accept redevelopment proposals for the area that might or might not include an application for Tax Increment Financing. Should this be approved Mr. Rief does intend to submit an application for TIF to assist in the redevelopment of property immediately north of his Chiropractic office. Grand Island Council Session - 8/27/2013 Page 205 / 260 Discussion The action item tonight relate to the Study for proposed CRA Area No. 14 in north central Grand Island as shown below. The study was prepared for 6.82 acres, of all of which are in the Grand Island City Limits Grand Island Council Session - 8/27/2013 Page 206 / 260 Robert Sivick, City Attorney has reviewed the Nebraska Statures and case law pertaining to the declaration of property as blighted and substandard. His comments on this application are as follows: The statutory procedures for accomplishing blight relief include the following steps: (1) the identification of a community redevelopment area consisting of portions of a city declared to be substandard or blighted in accordance with statutory definitions and in need of redevelopment, (2) the formulation of a redevelopment plan for such area or a redevelopment project within such area, and (3) the implementation of the redevelopment plan through various means including acquisition, sale, leasing, and contracting for redevelopment. Nebraska Revised State Statutes (NRSS) 18-2103, 18-2107, and 18-2109. Under this statutory scheme, the governing body shall afford maximum opportunity consistent with the sound needs of the city as a whole to the rehabilitation or redevelopment of the community redevelopment area by private enterprise. A private development project would be eligible for tax increment financing only if it is included within an area which has previously been declared blighted or substandard and is in furtherance of an existing redevelopment plan for that area. The declaration of property as blighted or substandard is not simply a formality which must be met in order to assist a private developer with tax increment financing; it is the recognition of a specific public purpose which justifies the expenditure of public funds for redevelopment. See Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979), Fitzke v. Hastings, 255 NEB 46 (1998) At this point, Council is only considering point 1 of Mr. Sivick’s opinion. According to NRSS §18-2109, it is clear that the Planning Commission must have the opportunity to review the Blight Study prior to Council declaring the property substandard and blighted. If Council wishes to consider a declaration of substandard and blighted, State Statute requires that the question of whether an area is substandard and blighted is submitted to the Planning Commission for its review and recommendation. The Planning Commission recommendation should be done at the first available opportunity, as the Planning Commission has 30 days to respond to Council’s request for a recommendation. Blighted Area of the Community The city of Grand Island, as a City of the First Class, is permitted to designate an area of up to 35% of the municipal limits as blighted and substandard. As of August 19, 2013, Grand Island Council Session - 8/27/2013 Page 207 / 260 18.20% of the City has been declared blighted and substandard. This micro blight area (Area 14) would add another 0.04%. If Area14 were to be declared substandard and blighted by the Council 18.24% of the community would bear that designation. It does not appear that the declaration of Area 14 would significantly impact the City’s ability to declare other areas substandard and blighted. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to forward the Study to the Planning Commission for their recommendation. 2.Move to not forward the Study to the Planning Commission for their recommendation 3.Refer the issue to a Committee 4.Postpone the issue to future date 5.Take no action on the issue Recommendation City Administration recommends that the Council move to forward the Study to the Planning Commission if Council wishes to consider the use of Tax Increment Financing as a redevelopment tool for this property. Sample Motion Move to adopt resolution to forward the Study to the Planning Commission for their review and recommendation. Grand Island Council Session - 8/27/2013 Page 208 / 260 Grand Island Council Session - 8/27/2013 Page 209 / 260 Grand Island Council Session - 8/27/2013 Page 210 / 260 Grand Island Council Session - 8/27/2013 Page 211 / 260 Grand Island Council Session - 8/27/2013 Page 212 / 260 Grand Island Council Session - 8/27/2013 Page 213 / 260 Grand Island Council Session - 8/27/2013 Page 214 / 260 Grand Island Council Session - 8/27/2013 Page 215 / 260 Grand Island Council Session - 8/27/2013 Page 216 / 260 Grand Island Council Session - 8/27/2013 Page 217 / 260 Grand Island Council Session - 8/27/2013 Page 218 / 260 Grand Island Council Session - 8/27/2013 Page 219 / 260 Grand Island Council Session - 8/27/2013 Page 220 / 260 Grand Island Council Session - 8/27/2013 Page 221 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item I-1 #2013-286 - Consideration of Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #3, 2511 N. Diers Avenue for a Class “D” Liquor License and Liquor Manager Designation for Brian Fausch, 2009 W Hwy 34 This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 222 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-286 WHEREAS, an application was filed by Pump & Pantry, Inc. doing business as Pump & Pantry #3, 2511 N. Diers Avenue for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on August 17, 2013; such publication cost being $32.35; and WHEREAS, a public hearing was held on August 27, 2013 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Brian Fausch, 2009 W Hwy 34 as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 223 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item I-2 #2013-287 - Consideration of Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #6, 3355 West Stolley Park Road for a Class “D” Liquor License and Liquor Manager Designation for Brian Fausch, 2009 W Hwy 34 This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 224 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-287 WHEREAS, an application was filed by Pump & Pantry, Inc. doing business as Pump & Pantry #6, 3355 West Stolley Park Road for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on August 17, 2013; such publication cost being $32.35; and WHEREAS, a public hearing was held on August 27, 2013 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Brian Fausch, 2009 W Hwy 34 as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 225 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item I-3 #2013-288 - Consideration of Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #10, 3212 South Locust Street for a Class “D” Liquor License and Liquor Manager Designation for Brian Fausch, 2009 W Hwy 34 This item relates to the aforementioned Public Hearing item E-3. Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 226 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-288 WHEREAS, an application was filed by Pump & Pantry, Inc. doing business as Pump & Pantry #10, 3212 South Locust Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on August 17, 2013; such publication cost being $32.35; and WHEREAS, a public hearing was held on August 27, 2013 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Brian Fausch, 2009 W Hwy 34 as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 227 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item I-4 #2013-289 - Consideration of Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #15, 2028 E. Highway 30 for a Class “D” Liquor License and Liquor Manager Designation for Brian Fausch, 2009 W Hwy 34 This item relates to the aforementioned Public Hearing item E-4. Staff Contact: RaNae Edwards Grand Island Council Session - 8/27/2013 Page 228 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-289 WHEREAS, an application was filed by Pump & Pantry, Inc. doing business as Pump & Pantry #15, 2028 E. Highway 30 for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on August 17, 2013; such publication cost being $32.35; and WHEREAS, a public hearing was held on August 27, 2013 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Brian Fausch, 2009 W Hwy 34 as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 229 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item I-5 #2013-290 - Consideration of Approving Interlocal Agreement with Hall County Regarding Transit Services Staff Contact: Chad Nabity Grand Island Council Session - 8/27/2013 Page 230 / 260 Council Agenda Memo From:Chad Nabity, AICP Meeting:August 27, 2013 Subject:Interlocal Agreement with Hall County to Provide Transit Services within Grand Island Item #’s:I-5 Presenter(s):Chad Nabity, AICP Background In March of 2012, the City of Grand Island was declared a Census Defined Urbanized Area. This designation changes the funding streams and responsibilities for a number of programs, including those used to provide Transportation Services within the City of Grand Island. With this new designation, Section 5307 Urban Transit Funds became available to the City of Grand Island. On September 25, 2012 the Grand Island City Council authorized the Mayor to send a letter requesting the City of Grand Island be named the recipient of these transit funds. The Governor then approved the request. Discussion Since the mid-1970s, Hall County, using Section 5311 Rural Transit Funding, has provided elderly and para-transit services through Senior Citizens Industries Inc. Over the years, this service has evolved into a full-scale, portal-to-portal transit service, providing transportation to all residents of Hall County through a combination of busses and discounted cab vouchers. Since the new “Urbanized” designation, the City of Grand Island will begin receiving 5307 funds for transportation services, instead of the 5311 funds Hall County was receiving. However, in order for us to plan for and contract with an entity to provide transit services within the City of Grand Island, and in order for the services to continue through this transitional period, the attached Interlocal Agreement is being proposed to you for approval. This Interlocal Agreement is also being proposed for approval by the Hall County Board of Supervisors. Grand Island Council Session - 8/27/2013 Page 231 / 260 The agreement would allow Hall County to continue to contract with Senior Citizens Industries Inc. to provide the same level of transit services within the City of Grand Island as they have in the past. The agreement will also allow the City of Grand Island to provide a payment of $109,526 to Hall County, as shown in the proposed 2013-14 budget in fund 226. The budget shows $109,526 for 2013-14 fiscal year for Transit Services. The proposed agreement will end on September 30, 2014, which is the end of the fiscal year for the City of Grand Island. However, it is planned and the State of Nebraska Department of Roads has indicated that funding would continue to be available through the Section 5311 program, and this arrangement could be renewed for at least one and maybe two additional years. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Interlocal Agreement with Hall County as presented Sample Motion Move to approve the Interlocal Agreement as presented. Grand Island Council Session - 8/27/2013 Page 232 / 260 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTY OF HALL AND THE CITY OF GRAND ISLAND FOR TRANSIT SERVICE WHEREAS, pursuant to the Nebraska Interlocal Cooperation Act codified at Article 8, Chapter 13 and §§13-303 of the Nebraska Revised Statutes, the County of Hall (County) and the City of Grand Island (City) do hereby enter into an Interlocal Cooperation Agreement (Agreement) for the County to provide transit service for residents of the County and the City to provide the necessary matching funds to the County to provide that service; and WHEREAS, in March, 2012, the United States Bureau of the Census designated Grand Island and its surrounding area as an Urbanized Area having a population in excess of fifty thousand (50,000) persons; and WHEREAS, as a result of the aforementioned designation by the U.S. Census Bureau, residents of the Urbanized Area lost access to Section 5311 Rural Transit funds; and WHEREAS, the State of Nebraska has unexpended Section 5311 Rural Transit funds and will allow those funds to be disbursed to benefit the residents of the Urbanized Area as it transitions to using Section 5307 Urban Transit funds to provide urban transit services; and WHEREAS, the Parties wish to continue to provide existing transit services until the City can establish urban transit services through the use of Section 5307 funds. NOW, THEREFORE, the Parties do hereby set forth the terms of their Interlocal Cooperation Agreement for the City to provide matching funds to the County to enable the County to continue to provide transit services as follows: I. The duration of this Agreement shall be for 15 months commencing on July 1, 2013 and ending on September 30, 2014. II. The County agrees to continue to adhere to Hall County Resolution 13-015 and the terms of its present agreement with Senior Citizens Industries, Inc. for transit services. Grand Island Council Session - 8/27/2013 Page 233 / 260 2 III. The County agrees to provide the matching funds necessary to fund the operations of Hall County Public Transportation for the months of July, August and September of 2013. Thereafter, the County agrees to pay only the cost of service to Hall County patrons outside the city limits of Grand Island. IV. The City agrees to pay the County matching funds in the amount of One Hundred Nine Thousand Five Hundred Twenty-Six Dollars ($109,526.00) that are necessary for the County to continue to receive Section 5311 funds. This amount is understood to include funding for cab tickets and approximately Eleven Thousand Dollars ($11,000.00) for the annual purchase of a new bus. It is further understood that the $109,526.00 amount represents matching funds for the fiscal year of the City commencing October 1, 2013 and ending September 30, 2014. The City agrees to provide said matching funds within thirty (30) days of receiving a written request by the County, but no sooner than October 1, 2013. V. The terms of this Agreement shall not be altered or amended unless done so in writing with the approval of both the governing bodies of the Parties. VI. This Agreement may be terminated by either Party for any reason or no reason upon the approval of such action by the governing body of either Party with a minimum of thirty (30) days notice to the other Party. COUNTY OF HALL ____________________ By ________________________________ Date Pamela Lancaster, Chairperson Hall County Board of Supervisors Grand Island Council Session - 8/27/2013 Page 234 / 260 3 ATTEST: _________________________ Marla J. Conley Hall County Clerk CITY OF GRAND ISLAND ____________________ By ________________________________ Date Jay Vavricek, Mayor City of Grand Island _________________________ RaNae Edwards Grand Island City Clerk Grand Island Council Session - 8/27/2013 Page 235 / 260 Approved as to Form¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013–290 WHEREAS, Hall County has been providing transit services to all of the citizens of Hall County through and agreement with Senior Citizens Industries Inc. and the State of Nebraska to use Section 5311 Rural Transit Funds within Hall County for almost 40 years; and WHEREAS, the City of Grand Island, Nebraska has been declared a Census Defined Urbanized Area with a population of more than 50,000 people; and WHEREAS, funding for transit services in Grand Island will be impacted because of the declaration of Grand Island as a Census Defined Urbanized Area; and WHEREAS, the City and the County wish to continue to provide transit services to the Citizens who reside within the Census Defined Urbanized Area; and WHEREAS, the State of Nebraska has made available unallocated funding under the Section 5311 Rural Transit Program that will allow Grand Island residents to continue to avail themselves of transit services in the same manner as has previously been provided within the agreement between Hall County and Senior Citizens Industries Inc. and WHEREAS, it is in the interest of the Citizens of Grand Island, and the governing bodies of both Grand Island and Hall County for the City to fund transit services in the City through the existing contract between Hall County and Senior Citizen Industries Inc. until such time as the City is ready to authorize a separate contract for the provision of transit services within the City; and WHEREAS, the City of Grand Island and the Hall County, Nebraska, have indicated an interest in working together to provide transit services in their respective jurisdictions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTY OF HALL AND THE CITY OF GRAND ISLAND FOR TRANSIT SERVICE, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the Agreement for Transit Service on behalf of the City of Grand Island. - - - Grand Island Council Session - 8/27/2013 Page 236 / 260 Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. ___________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 237 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item I-6 #2013-291 – Consideration of Approving Bid Award for Furnishing & Installation of Golf Course Irrigation System Staff Contact: Todd McCoy Grand Island Council Session - 8/27/2013 Page 238 / 260 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:August 27, 2013 Subject:Bid Award for Furnishing and Installation of Irrigation System at Jackrabbit Run Golf Course Item #’s:I-6 Presenter(s):Todd McCoy, Parks and Recreation Director Background The irrigation system at Jackrabbit Run Golf Course was installed in 1976. The current system is outdated, inefficient, experiences many failures, and is costly to repair. During the 2012/2013 budget process, City Council approved replacement of the irrigation system. It was decided that the City would pay for the project initially and the Golf Course Enterprise Fund would pay back the City over a period of 20 years. In March, four Variable Frequency Drives (VFDs) were installed to the pumping stations at the golf course to help the old system through the summer and to prepare for the planned upgrade. The VFDs cost $43,599.98. The VFDs project is not included in the 20 year loan. The plan to update the irrigation system includes a new control system, replacing all sprinkler heads, and connecting underground communication wiring. Once in operation, it is expected that the new system will dramatically cut down on repairs, improve efficiency, and last for years to come. Discussion Bids were received from four golf course irrigation companies. Duininck, Inc., Prinsburg, MN Rain Bird System $492,538 Toro System $500,000 Mid-American Golf, Lees Summit, MO Rain Bird System $530,000 Toro System No Bid Midwest Irrigation, East Dubuque, IL Rain Bird System $528,300 Grand Island Council Session - 8/27/2013 Page 239 / 260 Toro System $534,200 Landscapes Unlimited, Lincoln NE Rain Bird System $698,500 Toro System $710,500 Last year, the estimated cost of the irrigation project was $470,000. A recent uptick of other golf course renovation projects in Nebraska and nationally is likely the cause of higher pricing. Given current conditions, staff feels the low bid is appropriate and recommends Dunininck, Inc. of Prinsburg, MN to install a Rain Bird irrigation system. Rain Bird is the preferred system of the golf course staff. Duininck has an impressive history installing golf course irrigation projects. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council award the bid for the installation of the Jackrabbit Run Irrigation System to Dunininck, Inc. of Prinsburg, Minnesota. Sample Motion Move to approve the installation of the Jackrabbit Run Irrigation System from Dunininck, Inc. for a total of $492,538. Grand Island Council Session - 8/27/2013 Page 240 / 260 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:August 14, 2013 at 2:00 p.m. FOR:Furnishing & Installation of Golf Course Irrigation System DEPARTMENT:Parks & Recreation ESTIMATE:$470,000.00 FUND/ACCOUNT:51040001-85608 PUBLICATION DATE:July 21, 2013 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:Duininck, Inc.Landscapes Unlimited, LLC Prinsburg, MN Lincoln, NE Bid Security:Western Surety Company Merchants Bonding Co. Exceptions:None None Bid Price: Per Tee:$250.00 $300.00 Per Riser:$150.00 $100.00 Toro:$500,000.00 $710,500.00 Rain Bird:$492,538.00 $698,500.00 Other: None $705,000.00 (Hunter) Bidder:Mid-America Golf and Landscape Midwest Irrigation Lees Summit, MO East Dubuque, IL Bid Security:The Guarantee Co. of No. America The Cincinnati Insurance Co. Exceptions:Noted None Bid Price: Per Tee:$100.00 $117.00 Per Riser:$100.00 $ 34.00 Toro: No Bid $534,200.00 Rain Bird:$530,000.00 $528,300.00 Other: No Bid No Bid Grand Island Council Session - 8/27/2013 Page 241 / 260 cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Secretary Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent P1666 Grand Island Council Session - 8/27/2013 Page 242 / 260 Grand Island Council Session - 8/27/2013 Page 243 / 260 Grand Island Council Session - 8/27/2013 Page 244 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-291 WHEREAS, the City of Grand Island invited sealed bids for Furnishing and Installation of a New Irrigation System for Jackrabbit Run Golf Course, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on August 14, 2013, four (4) bids were received, opened and reviewed; and WHEREAS, Duininck, Inc. from Prinsburg, Minnesota submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $492,538.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Duininck, Inc. from Prinsburg, Minnesota, in the amount of $492,538.00 for Furnishing and Installation of a New Irrigation System for Jackrabbit Run Golf Course is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 245 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item I-7 #2013-292 - Consideration of Legal Fee Contribution for Analysis of Options Regarding Veterans Home Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 8/27/2013 Page 246 / 260 Council Agenda Memo From:Mayor Jay Vavricek Meeting:August 27, 2013 Subject:Legal Fee Contribution to Grand Island Chamber of Commerce Item #’s:I-7 Presenter(s):Mayor Jay Vavricek Background The City of Grand Island, Hall County, Grand Island Area Economic Development Corporation and the Grand Island Chamber of Commerce are all members of the Home for Our Heroes Committee. The purpose of this committee was to retain the Nebraska Veteran’s Home in the City of Grand Island. After a submittal process and site tours, the State of Nebraska has decided to move the Veterans Home to Kearney, Nebraska. Discussion The Chamber of Commerce, on behalf of The Home For Our Heroes Committee, would like to hire the Rembolt Ludtke, LLP law firm from Lincoln, Nebraska to evaluate all legal options available with the intent of retaining the Veteran’s Home. Rembolt Ludtke, LLP is proposing a flat fee of $15,000.00 to provide an evaluation of the governing statutes, regulations and processes. The Chamber of Commerce is asking that the legal fees be paid by the City of Grand Island, Hall County, the Chamber of Commerce and the Grand Island Area Economic Development Corporation. The City’s portion of the legal fees is $5,000.00. A constructive community discussion has occurred as a result of the study session held on August 20, 2013 and the community is now more aware of the proposed efforts and future implications. Grand Island Council Session - 8/27/2013 Page 247 / 260 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 2013-292 authorizing the City of Grand Island to pay $5,000.00 to the Grand Island Chamber of Commerce for the legal fees of Rembolt Ludtke, LLP. Sample Motion Move to approve Resolution 2013-292. Grand Island Council Session - 8/27/2013 Page 248 / 260 Grand Island Council Session - 8/27/2013 Page 249 / 260 Grand Island Council Session - 8/27/2013 Page 250 / 260 Grand Island Council Session - 8/27/2013 Page 251 / 260 Grand Island Council Session - 8/27/2013 Page 252 / 260 Grand Island Council Session - 8/27/2013 Page 253 / 260 Grand Island Council Session - 8/27/2013 Page 254 / 260 Grand Island Council Session - 8/27/2013 Page 255 / 260 Grand Island Council Session - 8/27/2013 Page 256 / 260 Approved as to Form ¤ ___________ August 23, 2013 ¤ City Attorney R E S O L U T I O N 2013-292 WHEREAS, veterans today and generations before have served honorably with bravery, courage and dedication to support the freedom of this land and community; and WHEREAS, this community made possible 640 acres of land as the home of the Grand Island Veterans Home, which, in the estimation of many in our community, became “hallowed ground” with approval of state statute LB247 on March 4, 1887; and WHEREAS, efforts to move the Grand Island Veterans Home to Kearney cast aside with little or no regard the pioneer spirit, generosity, initiative and 126 years of service from our community; and WHEREAS, a recent state wide request for community offerings supporting a new Central Nebraska Veterans Home used a proposal process that remains in doubt, a process that did not take into account proximity of adjacent and available resources such as the Veterans Hospital, camaraderie of the membership of veterans’ organizations, land readily available for member access and residency, nor did it solicit suitable involvement from members or employees of the Grand Island Veterans Home, or conduct a public hearing to ascertain facts; and WHEREAS, based on the unprecedented show of support at the August 20th city council meeting and public comments made at that time; and WHEREAS, the City of Grand Island, Hall County, Grand Island Area Economic Development Corporation and the Grand Island Area Chamber of Commerce have representatives serving as members of the Home for Our Heroes Committee; and WHEREAS, the City, County, Economic Development Corporation and Chamber of Commerce along with the entire Grand Island area community have an interest in retaining the Grand Island Veterans Home and will be affected by the loss of that Home; and WHEREAS, the Chamber of Commerce plans to engage Donald L. Dunn of the law firm of Rembolt Ludtke, LLP to analyze the legal situation regarding the decision to move the Home, to analyze the legal options available to retain the Home in Grand Island, and to offer advice to the Home for Our Heroes Committee regarding the legal situation and available options regarding the State’s decision to relocate the Home; and WHEREAS, the total fee for Mr. Dunn’s and Rembolt Ludtke’s services is $15,000.00 with Hall County contributing $5,000, Economic Development Corporation contributing $2,500 and Chamber of Commerce contributing $2,500; and WHEREAS, at the request of The Home For Our Heroes Committee, the City of Grand Island is contributing $5,000.00 to assist it in paying Mr. Dunn and Rembolt Ludtke only to research, analyze and evaluate matters concerning the Veterans Home relocation recommendation; and Grand Island Council Session - 8/27/2013 Page 257 / 260 - 2 - WHEREAS, the following council acknowledgements are also made: since federal funding of the project would benefit veterans regardless of the Home’s location, federal funding is essential and will be supported; a reasonable and respectful dialogue is expected; other actions, including the possibility of state-wide legislative action, may be warranted; timely communication of research will be extended to the council through the Mayor; and if future financial assistance is needed to address this community concern, any action is dependent upon council approval with the hope the same four community partners would participate in a similar manner as this initial effort. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to disburse $5,000.00 to the Grand Island Area Chamber of Commerce to assist it in retaining the professional services of Donald L. Dunn and Rembolt Ludtke, LLP and for paying the fee for those services. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 27, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 8/27/2013 Page 258 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item J-1 Approving Payment of Claims for the Period of August 14, 2013 through August 27, 2013 in the amount of $5,469,111.64. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 8/27/2013 Page 259 / 260 City of Grand Island Tuesday, August 27, 2013 Council Session Item X-1 Strategy Session with Respect to Real Estate Purchase 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 - 8/27/2013 Page 260 / 260