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09-24-2013 City Council Regular Meeting Packet City of Grand Island Tuesday, September 24, 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 - 9/24/2013 Page 1 / 327 City of Grand Island Tuesday, September 24, 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 Gary Schulte, Evangelical Free Church, 2609 South Blaine Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 9/24/2013 Page 2 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item C-1 Recognition of Don David for Donation for New Police Service Dog The Mayor and City Council will recognize Don David for his generous donation of $8,000 to the Police Department for their purchase of a new K-9 police service dog. Max, a 1-year-old Belgian Malinois was purchased to replace Noa who was diagnosed with a career-ending medical issue and was removed from active duty. Officer Jeremy Gildersleeve is Max's handler. The City of Grand Island thanks Mr. David for his generous donation. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 9/24/2013 Page 3 / 327 Grand Island Council Session - 9/24/2013 Page 4 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item C-2 Proclamation “Hispanic Heritage Month” September 15 – October 15, 2013 Hispanic men and women play an integral role in the progress, producivity, and strength of our city. They fortify our community and strengthen our families through their accomplishments and cultural contributions to society. Mayor Vavricek has proclaimed the month of September 15 through October 15, 2013 as "Hispanic Heritage Month". See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 9/24/2013 Page 5 / 327 Grand Island Council Session - 9/24/2013 Page 6 / 327 Grand Island Council Session - 9/24/2013 Page 7 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item E-1 Public Hearing on Request from Nebraska CVS Pharmacy LLC, dba CVS/Pharmacy 10243, 1710 West 2nd Street for a Class “C” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2013 Page 8 / 327 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 24, 2013 Subject:Public Hearing on Request from CVS Pharmacy LLC dba CVS/Pharmacy 10243, 1710 West 2nd Street for a Class “C” Liquor License Item #’s:E-1 & I-1 Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion CVS Pharmacy LLC dba VCS/Pharmacy 10243, 1710 West 2nd Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Grand Island Council Session - 9/24/2013 Page 9 / 327 Also submitted with the application was a request from Dale ZurKammer, 18601 Chandler Street, Omaha, NE for a Liquor Manager Designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for CVS Pharmacy LLC dba CVS/Pharmacy 10243, 1710 West 2nd Street for a Class “C” Liquor License contingent upon final inspections and Manager Designation for Dale ZurKammer, 18601 Chandler Street, Omaha, NE contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 9/24/2013 Page 10 / 327 1st St W3rd St W 2nd St W Koenig St W Division St W Charles St WNorth Front St W Darr Ave N4th St W South Front St W M o nr o e S t SWhite AveBroadwell Ave NL o g a n S t S Louise St WBoggs Ave NCla y St S H arris o n S t S Tild e n S t S 6th St W Blake St B ro a d w ell A v e S G ra nt S t S M a dis o n S t S5th St W John St W Tild e n S t NOld Lincoln Hwy W C la y St N M a dis o n St N J effers o n S t N G ra nt St N L o g a n S t N A d a m s St N H arris o n St N Lin c oln A v e N M o nro e St N J effers o n S t SWa s hin gto n St N J effer s o n St N 5th St W 4th St W M a dis o n St N A d a ms S t N M o nr o e S t N µ Liquor Application1710 West 2nd StCVS/Pharmacy Grand Island Council Session - 9/24/2013 Page 11 / 327 09/19/13 Grand Island Police Department 450 12:02 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 08:00:00 08/29/2013 Occurred before : 16:00:00 08/29/2013 When reported : 09:44:04 09/13/2013 Date disposition declared : 09/13/2013 Incident number : L13091785 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1710 2nd St W State abbreviation : NE ZIP Code : 68803 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 18114 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- NM 187304 09/13/13 CVS Pharmacy, Business NM 187306 09/13/13 ZurKammer, Dale W Liquor Manager NM 187307 09/13/13 ZurKammer, Beverly K Dale's Spouse LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT09 Drug Store/Dr Office/Hospital LAW INCIDENT NARRATIVE: The New CVS Pharmacy Located at 1710 W. 2nd Street has Requested a Class C Liquor License. Dale ZurKammer Applied to be the Liquor Manager. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama Grand Island Council Session - 9/24/2013 Page 12 / 327 -- ---- ------------------------------ ---------- 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 09:54:16 09/13/2013 318 Grand Island Police Department Supplemental Report Date, Time: Fri Sep 13 09:54:31 CDT 2013 Reporting Officer: Vitera Unit- CID The new CVS Pharmacy located at 1710 W. 2nd St. is applying for a Class C (beer, wine, distilled spirits on and off sale) LLC retail liquor license. Dale ZurKammer is applying for the position of liquor manager. The first thing I noticed about the application is the fact that CVS is applying for a Class C license which includes "on sale." There is a handwritten note on the application beside the Class C request that reads, "Restricted Class C is preferred." I called Jackie Matulka at the NLCC who advised that the Class C request is so CVS can have promotions where customers can sample some of their alcoholic beverages without having to obtain an SDL. A restriction will be placed on the license which typically states, "On sale consumption restricted to promotional tasting by consumers." While continuing to peruse the application, I noticed that the corporate office is located in Woonsocket, Rhode Island, and all of the corporate officers live in Rhode Island or Massachusetts. One corporate officer disclosed a DUI which occurred in Massachusetts in 1984. No other convictions were disclosed by any of the other corporate officers. According to the application there are currently sixteen CVS Pharmacies in Nebraska with a liquor license. Since I can't run criminal history checks for liquor license investigations and all of the applicants live out of state, this investigation will have to rely on the fingerprint submissions, NSP investigation, and the NLCC decision. Since there are several other CVS Pharmacy stores in Nebraska that sell alcoholic beverages, they have gotten licenses in the past. I can't imagine that there have been any significant changes from the prior applications to this one. I would assume the applicant is still qualified to receive a license. All in all, Grand Island Council Session - 9/24/2013 Page 13 / 327 when all the people on the application aren't local, local input is hard to come by. I will turn my attention to the liquor manager application. Dale ZurKammer and his wife Beverly have lived in Omaha since 2011. They lived in Lavista, NE in 2010 and 2011. Prior to that, the ZurKammer's lived in Greenwood, MO from 2002 until 2010. Dale and Beverly didn't disclose any convictions, and Beverly signed a Spousal Affidavit of Non-Participation form. Dale is currently the liquor manager at five CVS stores in the Omaha area and has one application pending in Lavista. I tried contacting the Greenwood, Missouri Police Department several times on 9/13/13 but kept getting a recording with voicemail options. I was able to speak with someone on 9/16/13 and faxed them a request for information on the ZurKammer's. 9/17/13, I received a response from Greenwood saying that their agency had no record of the ZurKammer's. I did some Internet searches for the ZurKammer's and didn't find anything disturbing. The ZurKammer's weren't in Spillman, and no convictions were listed in NCJIS. In summary, there are several CVS Pharmacies in Nebraska with liquor licenses. Dale ZurKammer is already a liquor manager in Nebraska for CVS Pharmacies. Neither one of the ZurKammer's have a criminal record in Nebraska, and after living in Greenwood, Missouri for eight years, the police department there has no record of them. The Grand Island Police Department has no objection to CVS Pharmacy obtaining a Class C restricted license or to Dale ZurKammer becoming the liquor manager. Grand Island Council Session - 9/24/2013 Page 14 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item E-2 Public Hearing on Request to Rezone Property Located at 2012 N Webb Road from CD Commercial Development to Amended CD Commercial Development Zone Staff Contact: Chad Nabity Grand Island Council Session - 9/24/2013 Page 15 / 327 Council Agenda Memo From:Regional Planning Commission Meeting:September 24, 2013 Subject:Rezone Properties located West of Webb Road and North of State Street from CD – Commercial Development Zone to Amended CD – Commercial Development Zone. Item #’s:E-2 & F-2 Presenter(s):Chad Nabity AICP, Regional Planning Director Background This is a request to rezone properties located west of Webb Road and north of State Street north from CD – Commercial Development Zone to Amended CD – Commercial Development Zone. Since this building is located in a CD Zone Council needs to take action to approve changes to the development plan that would allow expansion of the building at this location. Council will also be vacating 15 feet of the existing access easement along the west side of this property to allow for the expansion of this building. Discussion At the regular meeting of the Regional Planning Commission, held September 4, 2013 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity explained this proposed development would move the building envelope and increase the size of the proposed building on this lot from 5,760 square feet (including the gas island canopy) to a 7,650 square foot building. O’Neill closed the Public Hearing. A motion was made by Hayes and seconded by Reynolds to approve the Rezone from CD – Commercial Development Zone to Amended CD – Commercial Development Zone. Grand Island Council Session - 9/24/2013 Page 16 / 327 A roll call vote was taken and the motion passed with 7 members present and voting in favor (Hayes, Snodgrass, O’Neill, Bredthauer, Ruge, Reynolds and Haskins) and no one voting against. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and amended development and easement vacation as presented. Grand Island Council Session - 9/24/2013 Page 17 / 327 Agenda Item #4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: August 19, 2013 SUBJECT:Concerning change of zoning for property located described as Lot 1 Grand Island Mall 13th, also known as 2012 N Webb Rd, Grand Island NE, from CD Commercial Development to Amended CD Commercial Development Zone. (C-22-2013GI) PROPOSAL:This proposed development would move the building envelope and increase the size of the proposed building on this lot from 5,760 square feet (including the gas island canopy)to a 7,650 square foot building as shown below. OVERVIEW: Site Analysis Current zoning designation:CD-Commercial Development Zone. Permitted and conditional uses:Commercial, Office and Retail Uses Comprehensive Plan Designation:Commercial development Existing land uses.Gas Station, Convenience Store, Carwash Adjacent Properties Analysis Current zoning designations:East: RD-Residential Development Zone, North, South, and West, CD Commercial Development Zone Permitted and conditional uses:CD – Commercial, office and retail uses. RD- Residential uses up to a density of 43 units per acre. Comprehensive Plan Designation:North, South, East and West: Designated for commercial development and uses. Grand Island Council Session - 9/24/2013 Page 18 / 327 Existing land uses:North: Video Kingdom East: Webb Road and Apartments West: Union Bank, Shopko South: Home Health Care EVALUATION: Positive Implications: Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for commercial development. Is infill development. This development is using property that is within the existing functional and legal boundaries of the City of Grand Island. Accessible to Existing Municipal Infrastructure: Water and sewer services are available to service the area. Monetary Benefit to Applicant: Would allow the applicant to further develop this site. Negative Implications: None foreseen Other Considerations Commercial development zones allow up to 30% of the property within the CD zone to be covered with buildings. The proposed plan covers 7,650 square feet of a 35,000 square foot lot. They could cover up to 10,500 feet. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the amended CD zoning district and final development plan as shown. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 9/24/2013 Page 19 / 327 Grand Island Council Session - 9/24/2013 Page 20 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item E-3 Public Hearing on Annual Report by the Grand Island Area Economic Development Corporation/Citizens’ Review Committee on the Economic Development Program Plan Staff Contact: Randy Gard, EDC President Grand Island Council Session - 9/24/2013 Page 21 / 327 Council Agenda Memo From:Mary Lou Brown, City Administrator Meeting:September 24, 2013 Subject:Public Hearing Concerning the Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan Item #’s:E-3 & G-7 Presenter(s):Randy Gard, EDC President Mark Stelk, Vice-Chairman Citizens’ Review Committee Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens’ Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizens’ Advisory Review Committee is required by State Statute and the Grand Island City Code to make an annual report to the City Council. This is the last annual report to be received under the initial economic development plan that is ending September 30, 2013. Discussion The Citizens’ Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee received the annual report from the Economic Development Corporation at its meeting of September 10, 2013 and voted to forward it on to the City Council for its review and acceptance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Accept the annual report of the Citizens’’ Advisory Review Committee. 2.Do not accept the annual report of the Citizens’’ Advisory Review Committee. Grand Island Council Session - 9/24/2013 Page 22 / 327 Recommendation City Administration recommends that the Council accept the annual report of the Citizens’ Advisory Review Committee. Sample Motion Move to accept the annual report of the Citizens’ Advisory Review Committee. Grand Island Council Session - 9/24/2013 Page 23 / 327 Grand Island Area Economic Development Corporation “GIAEDC” Grand Island Council Session - 9/24/2013 Page 24 / 327 The Landscape has Changed In the arena of global economic competition no country, state, city, or business has a safe haven. Likewise, organizations that are focused on growth and make themselves competitive have a much better chance at opportunities than ones who do not. We collectively must adapt to external changes! Grand Island Council Session - 9/24/2013 Page 25 / 327 What Makes a City Competitive? •Economic Strength (positive growth rates) •Financial Maturity (capital accessibility) •Physical Capital (infrastructure, telecom) •Institutional Effectiveness (govt, taxation, law) •Environmental and Natural Hazards (risk of disaster) •Social and Cultural Character (safety, human rights, openness) •Human Capital (population growth, education, healthcare) •Global Appeal (air travel, higher education, incentives) Grand Island Council Session - 9/24/2013 Page 26 / 327 Competitive Assessment Grand Island “Advantages” •Workforce Quality (Grand Island work ethic) •Business Climate (aggressive, creative) •Central Location (from anywhere to here) •Quality of Life (schools, activities, retail) •Customer Base (centralized in the U.S.) Grand Island Council Session - 9/24/2013 Page 27 / 327 Competitive Assessment Grand Island “Disadvantages” •Workforce Availability (difficult at best) •Rural (perception) •Taxes (individual) •Weather (winter) •Telecom Infrastructure (slow, gaps) Grand Island Council Session - 9/24/2013 Page 28 / 327 Current Local Business Climate (What we say about ourselves) •Central Community College •Career Pathways Institute •Space (Lots of it but mix needs adjusted) •Central Nebraska Regional Airport •Very little venture capital (out here) •Connection to Department of Economic Development Grand Island Council Session - 9/24/2013 Page 29 / 327 Top 8 Growth Segments (clusters) •Manufacturing •Agriculture, Food Processing, Agricultural Machinery •Business Management, Administration, Financial, Software, Computer Services •Transportation, Warehousing, Distribution/Logistics •Biosciences (fertilizer, medical products, medical) •Health Services •Hospitality/Tourism •Renewable Energy (fuels, hydro, solar, wind) Grand Island Council Session - 9/24/2013 Page 30 / 327 Employment Projections •Manufacturing +1.13% +0.00% •Software/Comp. Sciences +0.00% +3.80% •R&D Services +1.50% +2.00% •Health Service +1.00% +1.60% •Business Management +2.50% +1.40% •Transportation +1.90% +1.60% •Warehousing +1.90% +1.60% •Distribution/Logistics +1.90% +1.60% •Waste Management +1.87% N/A •Financial Services +0.83% +1.3% •Bio Fuels 2X to $112 billion •Wind Power 2X to $114 billion Grand Island Council Session - 9/24/2013 Page 31 / 327 Innovation Based Economy •Talent •Entrepreneurial Activity •Risk Capital •Research & Development •Intellectual Property Generation and Technology Transfer We need to develop/maximize the ways and means to expand these areas to improve our competitive advantage Grand Island Council Session - 9/24/2013 Page 32 / 327 Our Vision GIAEDC MUST Become a State and Regional Leader in Economic Development Grand Island Council Session - 9/24/2013 Page 33 / 327 Value Proposition •We have a vast portfolio of available locations for growth. •Aggressive incentives to help drive current and new business expansion. (LB-840, Tax Increment Financing) •Educational pipeline to support human resource requirements. •Strong collaboration between local organizations to aid businesses achieve their goals. •Transportation services that make it possible to get here from anywhere. Grand Island Council Session - 9/24/2013 Page 34 / 327 Top Priorities #1 Conversion to a global electronic footprint #2 Realign our portfolio offerings to become more competitive #3 Work with educators to drive the pipeline of talent #4 Develop a pool of available funds to aid growth #5 Quantify our competitive advantage and foster it’s growth #6 Connection to the top 25 site consulting companies #7 Must give equal attention to internal and external opportunities #8 Must be easy to do business with Grand Island Council Session - 9/24/2013 Page 35 / 327 Site Portfolio Cornhusker Industrial Park Platte Valley Industrial Park East Platte Valley Industrial Park Grand Island Council Session - 9/24/2013 Page 36 / 327 Proprietor Sites Hall County Airport Authority Grand Island Council Session - 9/24/2013 Page 37 / 327 Commercial/Retail/Business •Retail Locations •Office/Business Locations •Commercial Locations Cooperation with the Grand Island Chamber of Commerce utilizing Swiftsite Grand Island Council Session - 9/24/2013 Page 38 / 327 Your Continued Investment Will Help Us… •Understand our emerging market and job opportunities •Drive job creation utilizing GIAEDC •Expand the connection to Nebraska Department of Economic Development in Lincoln •Focus on creating value for existing businesses as well as external opportunities •Convert to a “direct benefit” business model Grand Island Council Session - 9/24/2013 Page 39 / 327 Community Marketing $154,000 Community Support $30,000 Prospect Development $70,000 Website Development $20,000 Printing $2,000 Travel $12,000 Professional Fees $20,000 Office $8,000 Office Equipment/Repairs $3,000 Supplies/Software $3,000 Postage $2,000 Land Debt $0.00 Property Taxes $0.00 Occupancy $28,000 Rent $16,000 Utilities $3,000 Telecommunications $4,000 Insurance $4,000 Janitorial $1,000 Administration $160,000 Salaries $110,000 Insurance/Retirement $38,000 Conference Fees $2,000 Employment Taxes $10,000 EDC Utilization of $350,000 Grand Island Council Session - 9/24/2013 Page 40 / 327 Proposed Funding •Funding is a critical component to the execution of the plan •Now is the time to become even more competitive on a local, regional, national, and global basis •EDC’s mission is clear… Grand Island Council Session - 9/24/2013 Page 41 / 327 Our Mission The sole purpose of the EDC is the creation, retention and expansion of primary jobs in the Grand Island area Grand Island Council Session - 9/24/2013 Page 42 / 327 Chairman Ann Martin Idea Bank Marketing Vice Chairman Tom Pirnie G.I. Express Secretary/Treasurer Tom Gdowski Equitable Bank Elected Trustee Galen Stehlik Lauritsen Law Firm Elected Trustee Roger Bullington Chief Industries Elected Trustee Jay Kaspar INSUR, Inc. Elected Trustee Bill Westering Westering Enterprises Elected Trustee KC Hehnke Jerry’s Sheetmetal 2013 Board of Trustees Grand Island Council Session - 9/24/2013 Page 43 / 327 2013 Advisory Board Dave Koubek Chamber of Commerce Chairman Mary Lou Brown City Administrator Jim Hartman NorthWestern Energy Alan Hartley Central Community College Randy Kissinger NE Workforce Mayor Jay Vavricek Bob Niemann G.I. City Council Mike Olson Hall Co. Airport Authority Cindy Johnson G.I. Area Chamber of Commerce Dr. Rob Winter G.I. Public Schools Pam Lancaster Hall Co. Board of Supervisors Grand Island Council Session - 9/24/2013 Page 44 / 327 We drive our economy by creating good jobs Grand Island Council Session - 9/24/2013 Page 45 / 327 Grand Island Area Economic Development Corporation Grand Island Council Session - 9/24/2013 Page 46 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item E-4 Public Hearing on Acquisition of Public Utility Easement in Sterling Estates Second Subdivision (TS12, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 47 / 327 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:September 24, 2013 Subject:Public Hearing on Acquisition of Public Utility Easement in Sterling Estates Second Subdivision (TS12, LLC) Item #’s:E-4, F-3 & G-16 Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public utility easement needs to be relocated in the Sterling Estates Subdivision as a result of the construction of additional garages for the apartment complex. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Discussion To allow for the building of additional garages for the Sterling Estates Apartment Complex it has been requested that the existing twenty-five (25) foot wide utility easements be relocated further east. Vacation of such easements is being presented for Council approval at tonight’s meeting. The new easements will be eight (8) feet wide, as shown on the attached drawing. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 9/24/2013 Page 48 / 327 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the utility easements in Sterling Estates Subdivision. Sample Motion Move to approve the acquisition of the utility easements in Sterling Estates Subdivision. Grand Island Council Session - 9/24/2013 Page 49 / 327 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R EASEMENT DEDICATION Grand Island Council Session - 9/24/2013 Page 50 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item E-5 Public Hearing for Comprehensive Revitalization Supplemental Community Development Block Grant Application Staff Contact: Marco Floreani Grand Island Council Session - 9/24/2013 Page 51 / 327 Council Agenda Memo From:Marco Floreani, Community Development Administrator Council Meeting:September 24, 2013 Subject:Public Hearing on Comprehensive Revitalization Block Grant Application Item #:E-5 & G-17 Presenter(s):Chad Nabity, Regional Planner Background In 2005, the Nebraska Department of Economic Development (NDED) developed a program to utilize Community Development Block Grant (CDBG) funds in non-entitlement communities. The program allocates grant funds over a multi-year period to meet locally identified needs that are CDBG eligible. The City has been approved for Community revitalization Phase 1 funds in the amount of $240,000. On August 18, 2013, the City received a notice from the Nebraska Department of Economic Development that there were additional funds available for Comprehensive Revitalization activities. To receive funding, the City must apply for the additional supplemental funds. A public hearing is required prior to submission of an application to the Nebraska Department of Economic Development to solicit public comment and input into the proposed project and grant application. A legal notice was published on September 19, 2013 in The Independent with notice of this council meeting and contact information for written comments. Discussion The City has updated and submitted its Comprehensive Needs Assessment and Revitalization Strategy for the next three years of Comprehensive Revitalization funding to the Nebraska Department of Economic Development. The Comprehensive Needs Assessment reviewed Low- to Moderate Income (LMI) Block Groups and documented all types and degrees of housing and community development needs within each area. The Revitalization Strategy identified a one, two and three year action plan to meet the needs of the (LMI) neighborhood(s) selected for investment. The Needs Assessment and Revitalization Strategy process involved citizen participation, particularly LMI residents, through public meetings and surveys in all development and implementation phases. Grand Island Council Session - 9/24/2013 Page 52 / 327 The City of Grand Island is requesting a 2013 Comprehensive Revitalization Supplemental Grant in the amount of $295,000 plus $5,000 in general administration to broaden and advance the grant activities approved in the Phase 1 2013 Comprehensive Revitalization Grant. These activities include infrastructure improvements in the selected low-to-moderate income neighborhoods, specifically, improvements to streets, curbs, gutters and sewers. The City will provide the required local match of $150,000. The required match will be funded through projects budgeted in the 2013-2014 Capital Improvement Projects Fund, General Fund Engineering Division and Wastewater Treatment Plant Fund as well as an in-kind match of engineering services from the Engineering Division of the General Fund. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 2013 Community Revitalization Supplemental application and authorize the Mayor to sign all related documents. 2.Refer the issue to a Committee. 3.Postpone the issue to a later date. Recommendation City Administration recommends that Council approves the 2013 Community Revitalization Supplemental application and authorizes the Mayor to sign all related documents. Sample Motion Move to approve the 2013 Community Revitalization Supplemental application and authorize the Mayor to sign all related documents. Grand Island Council Session - 9/24/2013 Page 53 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item F-1 #9444 - Consideration of Annexation of Property Located at the Corner of W. Phoenix Street and Lincoln Avenue (Clark Gauthier) (Third Reading). Staff Contact: Chad Nabity Grand Island Council Session - 9/24/2013 Page 54 / 327 Council Agenda Memo From:Chad Nabity, Regional Planning Director Meeting:September 24, 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 (Third Reading) Item #’s:F-1 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. Council held a public hearing on August 27th, 2013 and passed the ordinance on Grand Island Council Session - 9/24/2013 Page 55 / 327 first reading. The ordinance was approved on second reading at the Council Meeting on September 10, 2013. Annexation ordinances must be passed on three separate readings. 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 third and final 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 third and final reading. Grand Island Council Session - 9/24/2013 Page 56 / 327 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 - 9/24/2013 Page 57 / 327 Grand Island Council Session - 9/24/2013 Page 58 / 327 Approved as to Form ¤ ___________ September 20, 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 - 9/24/2013 Page 59 / 327 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 and on September 10, 2013 the City Council of the City of Grand Island approved such annexation on the second 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 Grand Island Council Session - 9/24/2013 Page 60 / 327 ORDINANCE NO. 9444 (Cont.) - 3 - 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. 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. Grand Island Council Session - 9/24/2013 Page 61 / 327 ORDINANCE NO. 9444 (Cont.) - 4 - Enacted: September 24, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 62 / 327 ORDINANCE NO. 9444 (Cont.) - 5 - Grand Island Council Session - 9/24/2013 Page 63 / 327 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 - 9/24/2013 Page 64 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item F-2 #9452 - Consideration of Request to Rezone Property Located at 2012 N Webb Road from CD Commercial Development to Amended CD Commercial Development Zone This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 9/24/2013 Page 65 / 327 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9452 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; amending the Commercial Development district and Final Development Plan for Grand Island Mall Thirteenth Subdivision (Lot 1); directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and vacate a portion of an existing access easement and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. WHEREAS, the Regional Planning Commission on September 4, 2013, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after the public hearing on September 24, 2013, the City Council found and determined the change in zoning be approved and made. Grand Island Council Session - 9/24/2013 Page 66 / 327 ORDINANCE NO. 9452 (Cont.) - 2 - BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the final development plan for Grand Island Mall Thirteenth Subdivision is amended as shown on the development plan approved and signed by the Subdivider and the City. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That the portion of the access easement at the westerly end of Grand Island Mall Thirteenth Subdivision Lot 1 described as: Beginning at the northwest corner of said Lot One (1); thence running easterly on the north line of said Lot One (1), a distance of Twenty (20.00) feet, to the ACTUAL Point of Beginning; thence continuing easterly on the north line of said Lot One (1), a distance of Fifteen (15) feet; thence running southerly parallel with and Thirty Five (35.00) feet east of the west line of said Lot One (1), a distance of One Hundred Forty Sis Hundredths (140.06) feet, to a point on the south line of said Lot One (1); thence running westerly on the south line of said Lot One (1), a distance of Fifteen (15.00) feet, to a point Twenty (20.00) feet east of the west line of said Lot One (1); thence running northerly parallel with the west line of said Lot One (1), a distance of One Hundred Forty Six Hundredths (140.06) feet, to the ACTUAL point of beginning and containing 0.048 acres (2101 Sq. Ft. more or less be vacated as shown and more particularly described on the attached Exhibit A attached hereto. It is the intent to vacate only that portion of the easement identified on Exhibit A. Grand Island Council Session - 9/24/2013 Page 67 / 327 ORDINANCE NO. 9452 (Cont.) - 3 - SECTION 5. The title to the property vacated in Section 3 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 6. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska SECTION 6. That 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: September 24, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 68 / 327 ORDINANCE NO. 9452 (Cont.) - 4 - Grand Island Council Session - 9/24/2013 Page 69 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item F-3 #9453 - Consideration of Vacation of a Utility Easement Located in Sterling Estates Second Subdivision (TS12, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 70 / 327 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:September 24, 2013 Subject:Consideration of Vacation of a Utility Easement Located in Sterling Estates Second Subdivision (TS12, LLC) Item #’s:F-3 Presenter(s):John Collins PE, Public Works Director Background Thirty Seven (37) feet wide utility easements were dedicated on August 28, 2012 within the Sterling Estates Second Subdivision. The full width of such easements is not necessary. Discussion The developer/property owner of the Sterling Estates Apartment Complex is requesting to vacate twenty-five (25) feet of each of the existing three (3) utility easements running north and south through the development, for the purpose of constructing additional garages on such property. There are not any utilities currently within this easement that would be affected by this vacation, and proposed utilities will be placed in a newly dedicated easement also being presented at tonight’s meeting for Council approval. The attached sketch details the referenced easement to be vacated. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 9/24/2013 Page 71 / 327 Recommendation City Administration recommends that the Council pass an ordinance vacating the three (3) twenty-five (25) foot easements located in Sterling Estates Subdivision. Sample Motion Move to pass an ordinance vacating the easements. Grand Island Council Session - 9/24/2013 Page 72 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9453 An ordinance to vacate existing utility easements and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of existing utility easements within Sterling Estates Second Subdivision in Grand Island, Hall County, Nebraska, more particularly described as follows: A portion of a 37 foot utility easement located in Lot 1 of Sterling Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of S00°59’26”W along the west line of said lot 1 a distance of 157.00 feet to the point of intersection of said west line and a southerly line of an existing 30 foot ingress/egress and utility easement located in said Lot 1; thence S89°00’34”E along said southerly line a distance of 45.00 feet to the point of intersection of the west line of said 37 foot utility easement and said southerly line of said ingress/egress and utility easement, said point also being the point of beginning; thence continuing S89°00’34”E along said southerly line a distance of 25.00 feet; thence S00°59’26”W a distance of 100.00 feet; thence N89°00’34”W a distance of 25.00 feet to a point on the west line of said 37 foot utility easement; Thence N00°59’26”E along said west line a Grand Island Council Session - 9/24/2013 Page 73 / 327 ORDINANCE NO. 9453 (Cont.) - 2 - distance of 100.00 feet to the point of beginning. Said portion of said 37 foot utility easement contains 2500.00 square feet more or less. A portion of a 37 foot utility easement located in Lot 1 of Sterling Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of S00°59’26”W along the west line of said lot 1 a distance of 277.00 feet; thence S89°00’34”E a distance of 45.00 feet to a point on the east line of an existing 30 foot ingress/egress and utility easement located in said lot 1, said line also being the west line of said 37 foot utility easement, said point also being the point of beginning; thence continuing S89°00’34”E a distance of 25.00 feet; thence S00°59’26”W a distance of 150.00 feet; thence N89°00’34”W a distance of 25.00 feet to a point on the east line of said 30 foot ingress/egress and utility easement, said line also being the west line of said 37 foot utility easement; thence N00°59’26”E along said west line a distance of 150.00 feet to the point of beginning. Said portion of said 37 foot utility easement contains 3750.00 square feet more or less. A portion of a 37 foot utility easement located in Lot 1 of Sterling Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of S00°59’26”W along the west line of said lot 1 a distance of 487.00 feet; thence S89°00’34”E a distance of 45.00 feet to a point on the east line of an existing 30 foot ingress/egress and utility easement located in said lot 1, said line also being the west line of said 37 foot utility easement, said point also being the point of beginning; thence continuing S89°001’34”E a distance of 25.00 feet; thence S00°59’26”W a distance of 107.00 feet to a point on the north line of a 15 foot drainage and utility easement located in said lot 1; thence N89°00’34”W along said north line a distance of 25.00 feet to the point of intersection of said north line and the east line of said 30’ ingress/egress and utility easement, said east line also being the west line of said 37 foot utility easement; thence N00°59’26”E along said west line a distance of 107.00 feet to the point of beginning. Said portion of said 37 foot utility easement contains 2675.00 square feet more or less. are hereby vacated. Such easement to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. Grand Island Council Session - 9/24/2013 Page 74 / 327 ORDINANCE NO. 9453 (Cont.) - 3 - SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 24, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 75 / 327 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R EASEMENT VACATION Grand Island Council Session - 9/24/2013 Page 76 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item F-4 #9454 - Consideration of Amending Chapter 2 of the Grand Island City Code to Set Forth the Method for Publicizing Meetings of the City Council Staff Contact: Robert Sivick Grand Island Council Session - 9/24/2013 Page 77 / 327 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:September 24, 2013 Subject:Consideration of Amending Chapter 2 of the Grand Island City Code to Set Forth the Method for Publicizing Meetings of the City Council Item #’s:F-4 Presenter(s): Robert J. Sivick, City Attorney Background Meetings of the Grand Island City Council (Council) as well as other political subdivisions are governed by the Nebraska Open Meetings Act codified at Chapter 84, Article 14 of the Nebraska Revised Statutes. The requirement for providing notice to the public of such meetings is set forth in Neb. Rev. Stat. §84-1411(1) which states, “[e]ach public body shall give reasonable advance publicized notice of the time and place of each meeting by a method designated by each public body and recorded in its minutes.” City staff conducted research and was unable to find an Ordinance or Resolution setting forth a specific method of providing notice to the public of Council meetings. However, a search of City records indicates meetings of the Council have been advertised in The Grand Island Independent (Independent) since the late 19th century. In addition, the fact notice of Council meetings have been advertised in the Independent is noted in the minutes of those meetings. Discussion The proposed Ordinance before the Council for consideration this evening memorializes in the Grand Island City Code the existing method of providing notice to the public of Council meetings. Such an Ordinance will serve to resolve future questions as to how the Council provides notice to the public of its meetings, whether that standard has been met, and whether the City is in compliance with the Nebraska Open Meetings Act. Grand Island Council Session - 9/24/2013 Page 78 / 327 Alternatives It appears the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the proposed Ordinance. 2.Refer the issue to a Committee. 3.Postpone the issue to future date. 4.Take no action on the issue. Sample Motion Move to approve Ordinance No. 9454 amending Chapter 2 of the Grand Island City Code setting forth the method for publicizing meetings of the Council. Grand Island Council Session - 9/24/2013 Page 79 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney ORDINANCE NO. 9454 An ordinance to amend Chapter 2 of Grand Island City Code ; to add Section 2- 12; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 2-12 of the Grand Island City Code is hereby added to Chapter 2 to read as follows: §2-12. Method of Publicizing Meetings (1)For all Regular, Special, and Study Session meetings of the City Council, City staff shall make all reasonable attempts to publish notice of such meeting at least twenty-four (24) hours prior to the scheduled starting time of such meeting by taking the following action: a.Publication in The Grand Island Independent; b.Publication on the City’s website; c.Electronic Mail notification to news media outlets who previously requested such notice; and d.Paper copies of meeting documents and materials accessible to the public in the lobby of City Hall. (2)If after all reasonable efforts, City staff is not able to meet the terms of §2-12(1), it may publicize notice of meetings of the City Council by taking the following action: a.Posting notice of such meeting in areas accessible to the public in the following buildings: i.Grand Island City Hall; ii.Hall County Courthouse; iii.Grand Island Public Library; and iv.The offices of The Grand Island Independent. b.Publication on the City’s website; c.Electronic Mail notification to news media outlets who previously requested such notice; and Grand Island Council Session - 9/24/2013 Page 80 / 327 ORDINANCE NO. 9454 (Cont.) - 2 - d.Paper copies of meeting documents and materials accessible to the public in the lobby of City Hall. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication pursuant to law. Enacted: September 24, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 81 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item F-5 #9455 - Consideration of Amending Chapter 38 of the Grand Island City Code Relative to the Economic Development Program Staff Contact: Stacy Nonhof, Assistant City Attorney Grand Island Council Session - 9/24/2013 Page 82 / 327 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:September 24, 2013 Subject:Economic Development Program Ordinance Item #’s:F-5 Presenter(s):Stacy R. Nonhof, Assistant City Attorney Background The City of Grand Island on May 22, 2012, in Resolution 2012-138 approved a ten year renewal of its Economic Development Program. Pursuant to the Local Option Municipal Economic Development Act a proposed Economic Development Program was prepared for the voters of the City of Grand Island for their approval. The general election took place on November 6, 2012, at which time the voters of the City of Grand Island approved the ten year renewal of the Economic Development Program by a vote of 73.92% in favor of renewal and 26.08% against renewal of the Program. Discussion This ordinance is to bring Grand Island City Code into conformity with the Plan approved by the voters in 2012. The terms of the Citizen Advisory Review Committee Members are now set to end in even number years for four of the members and odd number years for three of the members. Pursuant to the Plan, members can serve beyond their initial term if approved by the City Council. The Plan sets out that the Citizen Advisory Review Committee is to meet quarterly to review the functioning and progress of the economic development program. Prior to the adoption of the Plan in 2012, the committee was only required to meet semiannually. The final addition to City Code allows for the language of the Plan to control when there is conflict with language in the City Code. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/24/2013 Page 83 / 327 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 amends City Code to conform to the current Economic Development Program Plan that was approved in 2012. Sample Motion Move to adopt Ordinance #9455 amending Chapter 38 of the City Code to bring City Code into conformity with the Economic Development Program Plan of 2012. Grand Island Council Session - 9/24/2013 Page 84 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney ORDINANCE NO. 9455 An ordinance to amend Chapter 38 of Grand Island City Code ; to amend Section 38-3 and Section 38-5; and to add Section 38-11; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 38-3 and Section 38-5; and Section 38-11 of the Grand Island City Code is hereby amended to read as follows: §38-3. Terms of Citizen Advisory Review Committee Members The term of office for the members shall be for the ten (10) year life of the economic development plan as follows: (a)Four members will have terms ending in even numbered years; and (b)The remaining three members will have terms ending in odd numbered years; and (c)Eligibility to continue service beyond the initial term is based on City Council approval. §38-5. Citizen Advisory Review Committee Meetings The citizen advisory review committee shall hold regular meetings at least semiannually quarterly and on other occasions as necessary to review the functioning and progress of the economic development program and to advise the governing body of the city with regard to the program. Special meetings of the citizen advisory review committee shall be held whenever called by the mayor or chairperson of the committee. At least once in every six-month period after the effective date of the ordinance, the committee shall report to the governing body on its findings and suggestions at a public hearing called for that purpose. §38-11. Conflict with Plan Conflicts between the language of the Grand Island City Code and the Economic Development Program Plan will be resolved in favor of the language contained in the Plan. Grand Island Council Session - 9/24/2013 Page 85 / 327 ORDINANCE NO. 9455 (Cont.) - 2 - SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. 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: September 24, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 86 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-1 Approving Minutes of September 10, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2013 Page 87 / 327 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 10, 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 September 10, 2013. Notice of the meeting was given in The Grand Island Independent on September 4, 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 Engineer and Public Works Director John Collins. INVOCATION was given by Pastor Todd Bowen, Grace Covenant Church, 418 West 12th Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Kennedy Martinez. BOARD OF EQUALIZATION: Motion by Gilbert, second by Paulick, carried unanimously to adjourn to the Board of Equalization. #2013-BE-6 (A) – Consideration of Determining Benefits for Downtown Business Improvement District 2013. Finance Director Jaye Monter reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Downtown BID 2013. Special assessments were for the amount of $89,333.99. Presented were two Resolutions with a 70% and 100% assessment for owner occupied residents. Motion by Gilbert, second by Nickerson to approve Resolution #2013-BE-6 (A). Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek turned the meeting over to Council President Niemann and recused himself from Resolution #2013-BE-7 due to a conflict of interest which was on file in the City Clerk’s office. #2013-BE-7 – Consideration of Determining Benefits for Second Street Business Improvement District 2013. Finance Director Jaye Monter reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Second Street BID 2013. Special assessments were for the amount of $14,288.66. John Folsom, 1504 West 2nd Street spoke in opposition. Bob Dodendorf, 1404 Harrison Street spoke in support. Motion by Gilbert, second by Donaldson to approve Resolution #2013-BE-7. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/24/2013 Page 88 / 327 Page 2, City Council Regular Meeting, September 10, 2013 The meeting was turned over to Mayor Vavricek. #2013-BE-8 – Consideration of Determining Benefits for Fonner Park Business Improvement District 2013. Finance Director Jaye Monter reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Fonner Park BID 2013. Special assessments were for the amount of $39,598.00. Motion by Gilbert, second by Hehnke to approve Resolution #2013-BE-8. Upon roll call vote, all voted aye. Motion adopted. #2013-BE-9 – Consideration of Determining Benefits for South Locust Business Improvement District 2013. Finance Director Jaye Monter reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for South Locust BID 2013. Special assessments were for the amount of $68,696.11. Motion by Donaldson, second by Niemann to approve Resolution #2013-BE-9. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Niemann carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from JamesJ Hotels LLC dba JamesJ Catering, 3234 W Schimmer Drive for a Class “CK” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “CK” Liquor License had been received from JamesJ Hotels LLC dba JamesJ Catering, 3234 W Schimmer Drive. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 19, 2013; notice to the general public of date, time, and place of hearing published on August 31, 2013; notice to the applicant of date, time, and place of hearing mailed on August 19, 2013; along with Chapter 4 of the City Code. Staff recommended approval. No public testimony was heard. Public Hearing on Request from Stueby’s Alibi Lounge & Package Store LLC dba Stueby’s Alibi Lounge & Package Store, 908 N Broadwell Street for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from Stueby’s Alibi Lounge & Package Store LLC dba Stueby’s Alibi Lounge & Package Store, 908 N Broadwell Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 20, 2013; notice to the general public of date, time, and place of hearing published on August 31, 2013; notice to the applicant of date, time, and place of hearing mailed on August 20, 2013; along with Chapter 4 of the City Code. Staff recommended approval. Ralph Bradley, attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located South of Fonner Park Road on City Leased Property at Fonner Park (Hall County Livestock Improvement Association). Utilities Director Tim Luchsinger reported that a utility easement located south of Fonner Park Road on City leased property at Fonner Park was needed in order to have access to install, upgrade, Grand Island Council Session - 9/24/2013 Page 89 / 327 Page 3, City Council Regular Meeting, September 10, 2013 maintain, and repair power appurtenances, including lines and transformers. The purpose was to place underground electric conduits, cable, and a new pad-mounted transformer to provide electricity to the new State Fair Administration Building at the northwest corner of Fonner Park. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located South of Schoolhouse Road at Lockwood Road (School Dist. #1 of Merrick County). Utilities Director Tim Luchsinger reported that a utility easement south of Schoolhouse Road at Lockwood Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of placing a new line underground, conduit, high voltage cable and a pad-mounted transformer to provide the improved electrical service to the Lockwood School. Staff recommended approval. No public testimony was heard. Public Hearing on General Property, Parking District #2 (Ramp) and Community Redevelopment Authority (CRA) Tax Request for FY 2013-2014. Finance Director Jaye Monter reported that state statutes required the City to conduct a public hearing if the property tax request changes from one year to the next. Property tax request for the 2013-2014 general property tax was $8,344,129, Parking District No. 2 at $8,000, and the Community Redevelopment Authority property tax at $669,384. Staff recommended approval. No public testimony was heard. Public Hearing on Establishing the Rates for the General Occupation Tax for Downtown Parking District No. 1 for FY 2013-2014. Finance Director Jaye Monter reported that this was the annual Council action to establish the occupation tax for Downtown Improvement and Parking District No. 1. FY 2013-2014 occupation tax factor was $.1481 per square foot and would provide taxes of $40,011.73. Staff recommended approval. No public testimony was heard. Public Hearing on Proposed FY 2013-2014 Community Redevelopment Authority (CRA) and City of Grand Island Budget. Finance Director Jaye Monter reviewed changes made during the August 27 and 29 public hearing meetings. Included was an increase in appropriations of $9,526 to the Special Revenue Transportation Fund, $65,000 for roof repairs at the Grand Generation Center to be moved to the 2013-2014 Budget, and the addition of the Community Redevelopment Authority appropriations. No public testimony was heard. ORDINANCES: #9444 – Consideration of Annexation of Property Located at the Corner of W. Phoenix Street and Lincoln Avenue (Clark Gauthier) (Second Reading) Regional Planning Director Chad Nabity reported that Clark Gauthier, owner of property located at 1104 W. Phoenix Street had submitted a petition to the Hall County Board of Supervisors requesting that this property be removed from the County Industrial Tract. The County Board approved his request on July 16, 2013. Mr. Gauthier requested that the City annex this property into the City of Grand Island. This was the second of three readings. Motion by Haase, second by Niemann to approve Ordinance #9444 on second reading only. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/24/2013 Page 90 / 327 Page 4, City Council Regular Meeting, September 10, 2013 Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9445 – Consideration of Vacation of a Utility Easement Located in Miscellaneous Tracts 4-11-9, Part of the W 1/2 of the SW 1/4 (Agricultural Services) #9446 – Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement Parking District No. 1 #9447 (A) – Consideration of Assessments for Downtown Business Improvement District 2013 #9448 – Consideration of Assessments for Second Street Business Improvement District 2013 #9449 – Consideration of Assessments for Fonner Park Business Improvement District 2013 #9450 – Consideration of Assessments for South Locust Business Improvement District 2013 #9439 – Consideration of Salary Ordinance #9451 – Consideration of Approving FY 2013-2014 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 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. #9445 – Consideration of Vacation of a Utility Easement Located in Miscellaneous Tracts 4-11-9, Part of the W 1/2 of the SW 1/4 (Agricultural Services) Public Works Director John Collins reported that an 8 foot wide utility easement was dedicated on June 18, 1949 and was no longer needed. The property owner of 2308 N Broadwell Avenue requested the City to vacate the existing easement for the purpose of constructing a new building on the property. Motion by Dugan, second by Gericke to approve Ordinance #9445. City Clerk: Ordinance #9445 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 #9445 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 #9445 is declared to be lawfully adopted upon publication as required by law. #9446 – Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement Parking District No. 1 Grand Island Council Session - 9/24/2013 Page 91 / 327 Page 5, City Council Regular Meeting, September 10, 2013 This item related to the aforementioned Public Hearing. Ms. Monter stated the current rate of .1481 was the same as last year. Motion by Gericke, second by Minton to approve Ordinance #9446. City Clerk: Ordinance #9446 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 #9446 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 #9446 is declared to be lawfully adopted upon publication as required by law. #9447 (A) – Consideration of Assessments for Downtown Business Improvement District 2013 This item related to the above mentioned Board of Equalization item. Motion by Donaldson, second by Niemann to approve Ordinance #9447 (A). City Clerk: Ordinance #9447 (A) 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 #9447 (A) 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 #9447 (A) 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 #9448 due to a conflict of interest which was on file in the City Clerk’s office. #9448 – Consideration of Assessments for Second Street Business Improvement District 2013 Motion by Dugan, second by Donaldson to approve Ordinance #9448. City Clerk: Ordinance #9448 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 #9448 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. Grand Island Council Session - 9/24/2013 Page 92 / 327 Page 6, City Council Regular Meeting, September 10, 2013 Council President Niemann: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9448 is declared to be lawfully adopted upon publication as required by law. The meeting was turned over to Mayor Vavricek. #9449 – Consideration of Assessments for Fonner Park Business Improvement District 2013 This item related to the above mentioned Board of Equalization item. Motion by Minton, second by Gericke to approve Ordinance #9449. City Clerk: Ordinance #9449 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 #9449 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 #9449 is declared to be lawfully adopted upon publication as required by law. #9450 – Consideration of Assessments for South Locust Business Improvement District 2013 This item related to the aforementioned Board of Equalization. Motion by Dugan, second by Hehnke to approve Ordinance #9450. City Clerk: Ordinance #9450 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 #9450 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 #9450 is declared to be lawfully adopted upon publication as required by law. #9439 – Consideration of Salary Ordinance Human Resources Director Brenda Sutherland reviewed Ordinance #9439. Mentioned were the FOP, AFSCME, IAFF and IBEW labor agreements that were approved by Council and made a part of this Ordinance. Non-union positions were surveyed by Paul Essman with a new array as the City had become a metropolitan statistical area (MSA). The average increase from the survey was 4.45% across the board for the non-union group. Ms. Sutherland updated the Council on new positions and future movement with regards to future budgets and paying comparable wages. Grand Island Council Session - 9/24/2013 Page 93 / 327 Page 7, City Council Regular Meeting, September 10, 2013 Motion by Paulick, second by Minton to approve Ordinance #9439. Discussion was held concerning the three year phase to implement the survey. Ms. Sutherland stated this Ordinance would only affect the FY 2013-2014 salaries with additional increases over the next two years. Comments were made by Haase concerning the increase to the City Administrator’s wage. He stated this was the only position in the city that was a contract position and should not see a raise in this Ordinance. Councilmember Nickerson stated this position was figured on comparability and should be left as is. Councilmember Gericke stated he felt every employee hired should be started at step one. Ms. Sutherland and Mayor Vavricek cautioned Council regarding the message this would send with regards to recruitment. Motion by Haase, second by Gericke to amend Ordinance # 9439 and leave the City Administrator wage range as it was today. Upon roll call vote, Councilmembers Paulick and Haase voted aye. Councilmembers Minton, Dugan, Gericke, Gilbert, Nickerson, Hehnke, Donaldson, and Niemann voted no. Motion failed. Discussion was held regarding the Fire Division Chief’s salary ranges. Ms. Sutherland explained the changes. City Clerk: Ordinance #9439 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 #9439 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 #9439 is declared to be lawfully adopted upon publication as required by law. #9451 – Consideration of Approving FY 2013-2014 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 This item related to the aforementioned Public Hearing. Ms. Monter stated the total appropriation was $228,529,110. Mayor Vavricek stated this budget had no tax rate increase, no property tax hike, no occupation tax hike, and no sales tax hike. There was no reduction in services and it maintained $8,000,000 in reserve. Discussion was held regarding changes to the Transportation Fund and $905,000 in the Capital Fund. Ms. Monter stated the $905,000 was designated for future projects. Councilmember Dugan commented on the lack of discussion concerning the spending side of the budget. Councilmember Donaldson stated she would like to see the $905,000 go toward our debt payments. Councilmember Gericke and Gilbert stated Program Prioritization should either be updated or discontinued. Several Councilmembers stated they were disappointed with the budget process. Motion by Minton, second by Nickerson to approve Ordinance #9451. Grand Island Council Session - 9/24/2013 Page 94 / 327 Page 8, City Council Regular Meeting, September 10, 2013 City Clerk: Ordinance #9451 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Minton, Dugan, Gilbert, Nickerson, Hehnke, Donaldson, and Niemann voted aye. Councilmembers Paulick, Gericke, and Haase voted no. Motion adopted. City Clerk: Ordinance #9451 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmembers Minton, Dugan, Gilbert, Nickerson, Hehnke, Donaldson, and Niemann voted aye. Councilmembers Paulick, Gericke, and Haase voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9451 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Donaldson, second by Gericke to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 27, 2013 City Council Regular Meeting. Approving Minutes of August 27, 2013 City Council Special Meeting. Approving Minutes of August 29, 2013 City Council Special Meeting. Approving Liquor Manager Designation for Kathleen Stock, 3210 North 161st Street, Omaha, NE with Red Lobster, 3430 West 13th Street. #2013-299 – Approving Acquisition of Utility Easement Located South of Fonner Park Road on City Leased Property at Fonner Park (Hall County Livestock Improvement Association). #2013-300 – Approving Acquisition of Utility Easement Located South of Schoolhouse Road at Lockwood Road (School Dist. #1 of Merrick County). #2013-301 – Approving Bid Award for Precipitator, Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station for the Fall of 2013 and Spring of 2014 Outages with Meylan Enterprises, Inc. of Omaha, NE in an Amount of $155,460.30. #2013-302 – Approving Boiler, Machinery and Terrorism Insurance for the Utilities Department with Factory Mutual Insurance Company of St. Louis, MO in an Amount of $443,296.00. #2013-303 – Approving Change Order No. 1 for North Interceptor Phase I; Project No. 2012-S-6 with Merryman Excavation, Inc. of Woodstock, IL. REQUESTS AND REFERRALS: Consideration of Forwarding Blighted and Substandard Area #13 Study to the Hall County Regional Planning Commission. Regional Planning Director Chad Nabity reported that a Substandard and Blight Study for approximately 2.16 acres located in central Grand Island north of Phoenix Avenue between Lincoln Avenue and Adams Street was received from Gary Jacobsen. This was a micro-blight study for a small area that Mr. Jacobson intended to redevelop Grand Island Council Session - 9/24/2013 Page 95 / 327 Page 9, City Council Regular Meeting, September 10, 2013 if the area could be declared blighted and substandard. Staff recommended forwarding to the Regional Planning Commission. Motion by Paulick, second by Gericke to approve forwarding Blighted and Substandard Area #13 Study to the Hall County Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2013-304 – Consideration of Request from JamesJ Hotels LLC dba JamesJ Catering, JamesJ Catering, 3234 W Schimmer Drive for a Class “CK” Liquor License and Liquor Manager Designation for James Duff, 2411 Cochin Street. This item related to the aforementioned Public Hearing. Motion by Haase, second by Minton to approve Resolution #2013-304. Upon roll call vote, all voted aye. Motion adopted. #2013-305 – Consideration of Request from Stueby’s Alibi Lounge & Package Store LLC dba 908 N Broadwell Street for a Class “C” Liquor License and Liquor Manager Designation for Chelsea Stueben,1320 N Huston Avenue. This item related to the aforementioned Public Hearing. Motion by Haase, second by Minton to approve Resolution #2013-305. Upon roll call vote, all voted aye. Motion adopted. #2013-306 – Consideration of Approving 1% Increase to the Restricted Revenues Lid Limit. Finance Director Jaye Monter reported that in 1998 the Nebraska State Legislature passed LB 989 which put a cap on the amount of restricted revenues a political subdivision could budget for. The restricted revenues that the City of Grand Island included in the budget were Property Taxes, Local Option Sales Tax, Motor Vehicle Tax, Highway Allocation and Municipal Equalization Funds. The additional 1% increase for FY 2013-2014 State of Nebraska budget report would increase the prior year restricted revenues base by $269,865. This increase in restricted funds authority was not an increase in budgeted revenues or authorized expenditures. It only provided the ability to increase restricted revenues in order to budget all restricted revenue funding sources each budget year. Ms. Monter answered questions regarding lid exceptions. Motion by Gericke, second by Nickerson to approve Resolution #2013-306. Upon roll call vote, Councilmembers Minton, Gericke, Nickerson, and Niemann voted aye. Councilmembers Paulick, Dugan, Gilbert, Hehnke, Haase, and Donaldson vote no. Motion failed. #2013-307 – Consideration of Approving General Property, Parking District #2 (Ramp) and Community Redevelopment Authority Tax Request. This item is related to the aforementioned Public Hearing. Motion by Dugan, second by Minton to approve Resolution #2013-307. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/24/2013 Page 96 / 327 Page 10, City Council Regular Meeting, September 10, 2013 #2013-308 – Consideration of Approving Contract for Employee Assistance Program. Human Resources Director Brenda Sutherland reported that the City had provided its employees with an Employee Assistance Program (EAP) benefit for the past sixteen years. The City currently had a contract in the amount of $10,000 with Family Resources of Greater Nebraska that would expire on September 30, 2013. It was recommended that a new contract in the amount of $9,000 per year be approved with Family Resources through September 30, 2016. Ms. Sutherland answered questions concerning the use of these services. Motion by Minton, second by Paulick to approve Resolution #2013-308. Upon roll call vote, all voted aye. Motion adopted. #2013-309 – Consideration of Approving Interlocal Agreement with Hall County Sanitary Sewer District (SID) 2. City Attorney Bob Sivick reported that several Study Sessions had been presented regarding the extension of sanitary sewer services south along Highway 281. As a directive of Resolution 2011-321, City staff had monitored the formation of the Hall County Sanitary Sewer District 2 (SID 2). This political subdivision was created by property and business owners interested in extended sanitary sewer services south of the City limits along Highway 281. Staff recommended approval. Motion by Dugan, second by Donaldson to approve Resolution #2013-309. Upon roll call vote, all voted aye. Motion adopted. #2013-310 – Consideration of Authorizing the Legal Department to Acquire Certain Real Estate through Eminent Domain. City Attorney Bob Sivick reported that the Legal and Public Works Departments had attempted to purchase approximately eighty acres of pasture land located north of Eagle Scout Lake along Highway 2. The Public Works Department wanted to convert this parcel into a detention cell to allow the City to better control storm water runoff and drainage affecting Northwest Grand Island. Mr. Sivick stated a “straw man” was hired to negotiate acquisition of this real estate to get a fair market value. Offers had been rejected by the owner and the City wanted to exercise its power of eminent domain to acquire the real property. Paul Wicht, 1708 Jerry Drive spoke in opposition. Public Works Director John Collins stated the reason for acquisition of this property was because of drainage in this area. Mr. Sivick explained the eminent domain process. When asked by Council if Mr. Stahla had been notified of this meeting he stated the city had not notified him, but he assumed Mr. Stahla was aware of it as he gave comments to the newspaper. Bob Stahla, owner of the property, stated he had not been notified of this meeting. He stated this property was not for sale. Motion by Donaldson, second by Hehnke to approve Resolution #2013-310. Motion by Gilbert, second by Nickerson to postpone Resolution #2013-310 until the September 24, 2013 City Council meeting. Upon roll call vote, Councilmembers Minton, Paulick, Dugan, Gilbert, Nickerson, Hehnke, Haase, Donaldson and Niemann voted aye. Councilmember Gericke voted no. Motion adopted. Grand Island Council Session - 9/24/2013 Page 97 / 327 Page 11, City Council Regular Meeting, September 10, 2013 PAYMENT OF CLAIMS: Motion by Dugan, second by Gericke to approve the Claims for the period of August 28, 2013 through September 10, 2013, for a total amount of $4,009,529.81. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 10:16 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/24/2013 Page 98 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-2 Approving Minutes of September 17, 2013 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2013 Page 99 / 327 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION September 17, 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 September 17, 2013. Notice of the meeting was given in the Grand Island Independent on September 11, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Scott Dugan, John Gericke, Mitch Nickerson, Julie Hehnke, Chuck Haase, and Bob Niemann. Councilmembers Peg Gilbert and Linna Dee Donaldson 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 was given by Community Youth Council member Hannah Sugita followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Hannah Sugita and board member Jennifer Cramer. SPECIAL ITEMS: Wastewater Rate Study and Construction Update. Public Works Director John Collins introduced representatives from Black & Veatch and the Public Works Department. Derrick Cambridge, consultant with Black & Veatch gave a PowerPoint presentation on the background and rate study results. It was recommended eliminating Ammonia surcharge and adding TKN surcharge. The total 5-year Capital Improvement Plan (CIP) from the 2011 rate study was $44.1 million. Due to major changes such as: collection system master planning, north interceptor, collection system rehabilitation, and WWTP improvements, the proposed 5-year CIP of $72.9 million was used in the rate study update. Reviewed was the Capital Improvement Plan for 2013 through 2017. Discussion was held regarding the difference between a pump system and a gravity system at a cost of $16 million for a gravity system. Reliability, maintenance, and costs savings were the reasons to go with a gravity system. Mr. Collins stated a pump system would cost approximately $40,000 to $250,000 for maintenance each year depending on the size of the pump. It was mentioned that three pump stations would be taken out of service. Classification of lines was explained. Mr. Collins commented on the steps being taken such as televising lines to see which lines needed repair. Grand Island Council Session - 9/24/2013 Page 100 / 327 Page 2, City Council Study Session, September 17, 2013 Anna White with Black and Veatch explained the rate study results. The study would accomplish the following objectives: Establish operating and capital financial plans that fully fund activities Perform a cost of service analysis to determine if cost allocations are fair and equitable among the customer classifications Review the existing rate structure and proposed rates that provide adequate revenues The revenue objective was to provide adequate funding of future utility operating and capital program needs. Mentioned were the following considerations: assess appropriateness of operating and capital reserves; evaluate allocation of direct and indirect costs; and review other revenue sources. Financial planning and cost allocation were reviewed. Debt service and bonding questions were answered. The following rate structures were explained: residential; residential-suburb; residential- commercial; interdepartmental-commercial; commercial-suburb; and surcharge. The following rate setting principles were recommended: equitability; revenue stability; provides appropriate price signals; recognizes customer usage patterns & demands; easy to understand and administer; customer acceptance; consistent with City policies; and legally acceptable/defensible. WWTP Superintendent Marvin Strong stated nitrates and phosphorous were included in this study. The biggest concern right now was chloride. The typical monthly residential bill would increase $10.08 from 2013 to 2017. The first rate increase of 12% would be October 1, 2013. 12% increase on October 1, 2014, 6% on October 1, 2015, and 5% increase on October 1, 2016. Mr. Collins stated by 2017 the north interceptor would be completed, operating costs for lift stations would go down, and we would have a much better system. Capacity of the plant growth was projected at 25 years with room for new industrial clients. Potential rate customers south on Highway 281 to I-80 were included in this study. ADJOURNMENT: The meeting was adjourned at 8:27 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/24/2013 Page 101 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-3 Receipt of Official Document – Tort Claim filed by Grand Island Public Schools Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2013 Page 102 / 327 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 24, 2013 Subject:Receipt of Official Document – Tort Claim filed by Grand Island Public Schools Item #’s:G-3 Presenter(s):RaNae Edwards, City Clerk Background The City of Grand Island has received a Notice of Tort Claim from the Grand Island Public Schools alleging certain claims in connection with an incident at 602 West Stolley Park Road and 1700 West Stolley Park Road involving Bryce Malesker which occurred on April 26, 2013. This claim is being presented to you pursuant to Neb. Rev. Stat. 13- 905. Discussion This is not an item for council action other than to simply acknowledge that the claim has been received. Sample Motion Move to approve receipt of the Tort Claim filed by Grand Island Public Schools. Grand Island Council Session - 9/24/2013 Page 103 / 327 Grand Island Council Session - 9/24/2013 Page 104 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-4 Approving Re-Appointment of Sue Pirnie to the Community Redevelopment Advisory Board Mayor Vavricek has submitted the re-appointment of Sue Pirnie to the Community Redevelopment Authority (CRA) board . This appointment would become effective October 1, 2013 upon approval by the City Council and would expire on September 30, 2018. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 9/24/2013 Page 105 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-5 Approving Garbage Permits for Heartland Disposal and Mid- Nebraska Disposal, Inc. and Refuse Permits for Full Circle, Inc. and O’Neill Transportation and Equipment Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2013 Page 106 / 327 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 24, 2013 Subject:Approving Garbage and Refuse Haulers Permits Item #’s:G-5 Presenter(s):RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2013/2014: Heartland Disposal, 2423 W. Old Lincoln Hwy.Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle, Inc., 4331 Juergen Road Refuse O’Neill Transportation and Equipment, 558 S. Stuhr Rd.Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the renewal for garbage/refuse permits. 2.Disapprove or deny the renewals. 3.Modify the renewals to meet the wishes of the Council. 4.Table the issue Grand Island Council Session - 9/24/2013 Page 107 / 327 Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2013/2014. Sample Motion Move to approve the renewal for garbage/refuse permits for 2013/2014. 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This final plat proposes to create 1 Lot, on a tract of land comprising a part of the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4), of Section Twenty Nine (29), Township Eleven (11) North, Range Nine (9) in the City of Grand Island, said tract containing 7.725 acres. Discussion The revised plat for Kenmare 3rd Subdivision & Final Plat was considered by the Regional Planning Commission at the September 4, 2013 meeting. A motion was made by Bredthauer and seconded by Haskins to approve the plat as presented. A motion was also made to approve the Final Plat for Kenmare 3rd Subdivision. A roll call vote was taken and the motion passed with 7 members present and voting in favor (Snodgrass, O’Neill, Hayes Bredthauer, Ruge, Reynolds and Haskins) and no one voting against. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 9/24/2013 Page 130 / 327 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/24/2013 Page 131 / 327 Kenmare 3rd Subdivision Developer/Owner Janet A. Speck 762 9th Ave St. Paul NE 68873 To create 1 lot west of Blaine Street and east of Wicklow Drive, in the City of Grand Island, in Hall County, Nebraska. Size: 7.725 acres Zoning: R1 – Suburban Residential Zone Road Access: City Roads Water Public: City water is available Sewer Public: City sewer is available Grand Island Council Session - 9/24/2013 Page 132 / 327 Grand Island Council Session - 9/24/2013 Page 133 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-311 WHEREAS, Janet A. Speck, being the said owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “KENMARE THIRD SUBDIVISION”, to be laid out into 1 lot, a tract of land comprising a part of the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4), of Section Twenty Nine (29), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of KENMARE THIRD SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 134 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-7 #2013-312 - Approving Annual Report by the Grand Island Area Economic Development Corporation/Citizens’ Review Committee on the Economic Development Program Plan This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Randy Gard, EDC President Grand Island Council Session - 9/24/2013 Page 135 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-312 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §38-5 require a report by the Citizens’ Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on September 24, 2013; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the annual report of the Citizens’ Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 136 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-8 #2013-313 - Approving Bid Award - Installation of 72/48 Fiber - Electrical Yard to Library & Library to Substation "B" Staff Contact: Tim Luchsinger,Stacy Nonhof Grand Island Council Session - 9/24/2013 Page 137 / 327 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:September 24, 2013 Subject:Approving Bid Award – Installation of Fiber Optics Cable - Contract 2013-OPGW-V Item #’s:G-8 Presenter(s):Timothy Luchsinger, Utilities Director Background The City has been in the process of installing a fiber optics network connection between City Hall and off-site City divisions for over eight years. Past projects include: City Hall to the Phelps Control Center; the Waste Water Treatment Plant, the Safety Center, Electric Service Center, City Streets and Shop, the Burdick Power Plant and Platte Generating Station. The subject contract would continue the process to provide increased network bandwidth to remote division buildings and complete a fiber optic loop to allow a redundant path for Internet service and network servers to City facilities, including City Hall. Access to the Internet and the City network servers is a necessary component of City functions, and continuous, 24-hour access is critical for Utilities Department operations. A map of the project route is attached. This project provides for a 48 fiber OPGW (optical ground wire) cable and ADSS (all- dielectric self-supporting) aerial cable from the Electric Service Center to Substation “B”. The project will also provide junction points for the Library and the One Stop Building on 3rd Street. OPGW is installed in the static wire position of the electric distribution system at the top of the power poles, above the 13,800 volt conductors. ADSS is installed at the communication position on power poles, below the power lines similar to cable TV cables. The specifications required that OPGW be used for the majority of this project, with ADSS used to complete the network at each facility. Discussion Expansion of the City network to provide additional bandwidth and redundancy has been a joint project between the Finance Department Information Technology Division and the Utilities Department, and this portion completing the fiber loop will be funded by the Grand Island Council Session - 9/24/2013 Page 138 / 327 Utilities Enterprise Funds. The project specifications were advertised in accordance with City Procurement Codes, and seven firms obtained copies of the bidding documents. Bids were received and publicly opened at 2:15 p.m. on September 11, 2013. Three bids were received from the following companies: Bidder Exceptions Bid Price PowerSecure, Inc. None $424,075.00 Midway, Florida IES Commercial, Inc. None $307,117.00 Holdrege, Nebraska Watts Electric Company None $320,866.83 Waverly, Nebraska All three companies provided bids that are fully compliant with City specifications. The low bid of $307,117.00 was below the engineer’s estimate of $320,000. There are sufficient funds in the budget to complete the project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council award the Fiber Installation Contract 2013-OPGW-V, to the low bidder, IES Commercial, Inc., of Holdrege, Nebraska, in the amount of $307,117.00. Sample Motion Move to the bid for Contract 2013-OPGW-V, Installation of Fiber, to IES Commercial, Inc., in the amount of $307,117.00. Grand Island Council Session - 9/24/2013 Page 139 / 327 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 11, 2013 at 2:15 p.m. FOR:Installation of 72/48 Fiber OPGW Shield Wire Contract 2013-OPGW-V DEPARTMENT:Utilities ESTIMATE:$320,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:August 21, 2013 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:PowerSecure, Inc.IES Commercial, Inc. Midway, FL Holdrege, NE Bid Security:Western Surety Co.XL Specialty Ins. Co. Exceptions:None None Bid Price:$424,075.00 $307,117.00 Bidder:Watts Electric Company Waverly, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price:$320,866.83 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Tom Barnes, Utilities Engineer P1671 Grand Island Council Session - 9/24/2013 Page 140 / 327 Grand IslandCouncil Session - 9/24/2013Page 141 / 327 Grand Island Council Session - 9/24/2013 Page 142 / 327 Grand Island Council Session - 9/24/2013 Page 143 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-313 WHEREAS, the City of Grand Island invited sealed bids for Installation of 72/48 Fiber, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 11, 2013, bids were received, opened and reviewed; and WHEREAS, IES Commercial, Inc., of Holdrege, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $307,117.00; and WHEREAS, the bid of IES Commercial, Inc., is less than the estimate for the Installation of 72/48 Fiber. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of IES Commercial, in the amount of $307,117.00, for Installation of 72/48 Fiber, is hereby approved as the lowest responsible bid and that the Mayor is hereby authorized to, on behalf of the City, execute the Contract between the City of Grand Island and IES Commercial, Inc. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 144 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-9 #2013-314 - Approving Public Safety Technology Interlocal Agreement with Hall County Staff Contact: Steven Lamken Grand Island Council Session - 9/24/2013 Page 145 / 327 Council Agenda Memo From:Steven Lamken, Police Chief Meeting:September 24, 2013 Subject:Public Safety Software Interlocal Agreement Item #’s:G-9 Presenter(s):Steven Lamken, Police Chief Background The City and Hall County have shared public safety software (Spillman) for many years under an Interlocal agreement in which Hall County serves as the contracting government for the software. This Interlocal agreement has worked well in providing a shared public safety information system. The Grand Island Fire Department is expanding their use of the public safety system and the Interlocal agreement is in need of updating. Discussion The City and Hall County have a shared public safety software system that is provided under an Interlocal agreement. Hall County serves as the contracting agency with the software vendor, Spillman Technologies Inc., and provides software and services to the City under the Interlocal agreement. This has worked well in creating a shared public safety information system for the City and the County. The Grand Island Fire Department is expanding their use of the public safety system. The Interlocal agreement is in need of updating. The agreement has been reviewed by the Police Department and the City Legal Department. The new Interlocal agreement provides for the changes occurring in the system and provides for continued operations of the shared information system. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - 9/24/2013 Page 146 / 327 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve and have the Mayor sign the updated Interlocal agreement for Law Enforcement Records Management and Computer Aided Dispatch by and between the County of Hall and the City of Grand Island. Sample Motion Move to approve and have the Mayor sign the updated Interlocal agreement for Law Enforcement Records Management and Computer Aided Dispatch by and between the County of Hall and the City of Grand Island. Grand Island Council Session - 9/24/2013 Page 147 / 327 Page 1 of 7 INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT RECORDS MANAGEMENT AND COMPUTER AIDED DISPATCH BY AND BETWEEN THE COUNTY OF HALL AND THE CITY OF GRAND ISLAND THIS AGREEMENT, made and entered into this day of by and between the County of Hall, Nebraska, a body politic and corporate and a political subdivision of the State of Nebraska, hereinafter referred to as the "County", and the City of Grand Island, a municipal corporation and a political subdivision of the State of Nebraska, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the County owns, operates, and maintains a computerized law enforcement records management database and network system, based upon Spillman technologies, Inc. software, for use by the Hall County Sheriff and Hall County Department of Corrections; and WHEREAS, the County is willing to provide to the City internet and e-mail services, law enforcement records management and computer aided dispatch data services, and software sublicenses as set forth herein; and WHEREAS, the city desires to contract with the County for the above-described services and sublicenses under the terms and conditions set forth herein. NOW, THEREFORE, the parties mutually covenant and agree as follows: I. Definitions: As used herein, the following terms shall have the following definitions. A. "Job-specific Software" means the integrated law enforcement/emergency services/emergency communications software package utilized pursuant to this agreement. The initial job-specific software shall be law enforcement software published and/or licensed by Spillman Technologies, Inc., to wit: The job-specific software modules to be utilized are; hub; jail management; traffic; vehicle/personnel; CAD; Picture Link; Law Records; Laptop; Field Reporting; Live Scan Fingerprint Interface; Summit Emulator; E911; NFS Maestro; Mobile, Geobase; OBDC; and Business Objects Crystal Reports Server. B. "LAN'' means a local area computer and data network. C. "Primary LAN''or Primary Local Area Network" means the County's local area network. D. "Shared Job-specific Software" means job-specific software shared by all County and City agencies authorized to enter or change data within the integrated law enforcement, emergency services, and 911 computer software packages. E. "System." Shall mean the County's primary LAN, the network and job specific software, and the shared databases. F. "User," for purposes of the job-specific software shall mean a person authorized to log onto the network system and make changes to the job-specific software database(s). For all other purposes, "User" means a person authorized to log onto the County's Primary LAN. II. Term. This agreement shall commence on the date last executed by the parties hereto for a period of one year. Said agreement shall automatically renew annually for a period of one year Grand Island Council Session - 9/24/2013 Page 148 / 327 Page 2 of 7 unless written notice of the non-renewal is provided by the non-renewing party to the other party not less than 90 days prior to the expiration of the then current term. III. County Responsibilities. The County shall provide: A. A network structure for the operation of the City's Police Department LAN through connection of the City's Police Department LAN to the County's Primary LAN. B. Except as provided in Article IV, all network and Shared Job-specific Software required for operation of an integrated law enforcement/emergency dispatching database. C. Except as provided in Article IV, software support as available through the software publishers and/or licensors. D. E-mail access through the County's primary LAN. E. System account management and reports to City's department heads as requested. F. Non-Shared Job-specific Software and sublicenses as requested by the City. G. Technical staff to troubleshoot the network and shared servers. IV. City Responsibilities. A. All personal computers and workstations, including mobile terminals and radio transceivers, required for City's operations, initial software licenses for operating systems and office suite, and all necessary hardware and software for operation of the City's Police Department LAN. Said hardware and software shall meet the minimum specifications and requirements required by the publishers of the Shared Job-specific Software and the County's Primary LAN system. B. All data entry required to input City's data into the shared databases and into the City's individual databases, if any. C. Appropriate fiber optic cables, switches, and routers necessary to connect the City's Police Department LAN with the County's primary LAN. D. Support and maintenance of the City's hardware, software (including public safety RMS modules) and the data link to the City. E. Training for City's staff for software purchased shall be determined by the City at the appropriate time and by individual(s) of the City's choosing. V. Consideration. In consideration of the services provided by the County, the City shall pay to the County on an annual basis the fees and assessments as set forth herein: A. A Network assessment consisting of a pro-rata assessment based on the number of city-authorized Primary LAN users to the total Primary LAN users. Said assessments shall be calculated based upon the cost of anticipated Primary LAN hardware and software additions, replacements, upgrades, maintenance, support and repairs. B. A job-specific software assessment consisting of a pro-rata assessment based on the number of city-authorized shared job-specific software users to the total number of shared job-specific software users. Said assessments shall be calculated based upon the cost of anticipated software additions, replacements, upgrades, maintenance, and support. Said job-specific software assessment shall also include an assessment for Grand Island Council Session - 9/24/2013 Page 149 / 327 Page 3 of 7 job-specific software obtained at the request of and utilized solely by a city agency or department. In such cases, the assessment shall be an amount equal to 100% of the cost incurred by the County. Provided, however, assessments will be made pro rata on a per-user basis for any software licensed on a per-user basis. C. The number of users shall be audited and determined annually by the end of June. Fees and assessments shall be billed to the City through invoices after the budget for that fiscal year has been estimated. Said amounts shall be paid by the City to the County in equal quarterly payments of one-fourth the annual assessment. Note that the first three invoices annually are based on per-budget estimated costs and the fourth invoice is the remainder of the actual per-expenditures cost and as such the fourth invoice annually may vary from budget estimate. VI. Network Availability. The County's LAN will be available as set forth in this Article. A The County shall take reasonable measures to ensure availability and operation of the system twenty-four hours a day, seven days a week. The County shall provide support staff to be contacted in the event that the City requires assistance. A list of such personnel will be required, and also locations at which said staff can be reached. B. The County reserves the right to schedule preventative maintenance on all systems. When possible, preventative maintenance will be scheduled in advance and attempt to minimize impacts on both parties. The County will make reasonable attempts to schedule software and hardware upgrades to minimize the impact on the City's operations. Scheduled maintenance may result in loss of service to the system for a period of time. C. Emergency maintenance will be coordinated with the City. VII. Data Access. A. The County shall allow the City access to computer programs and stored data for which licensing has been purchased by the City or on behalf of the City. Access to the City's data and County's law enforcement and Corrections data will be established and directed by the County in cooperation with the City. Data entered into the system by the parties shall become a part of the shared database, shall be subject to maintenance and archival procedures as determined by the County in cooperation with the City. B. Access to the job-specific software modules and databases shall be limited to the City's and County's law enforcement/criminal justice and emergency services agencies. Said agencies shall provide access to the dissemination of such data only to the extent required by the Nebraska "Security, Privacy, and Dissemination of Criminal History Information Act," Neb.Rev.Stat. §§ 29-3501, et seq., and Neb.Rev.Stat. §§ 84-84-712 through 84-712.09. C. Neither party shall sell, give, loan, lease or otherwise transfer title, possession, or allow the access or use of any of the shared data or screens by any person, firm, corporation or other entity without prior written approval of the other party. D. The County may limit, control or prioritize the access to the shared databases to the extent necessary for scheduled shutdowns for backups or maintenance and unscheduled shutdowns due to hardware or software malfunctions. The County shall, Grand Island Council Session - 9/24/2013 Page 150 / 327 Page 4 of 7 whenever possible, provide advance notice to the City of all scheduled shutdowns for backups and maintenance. VIII. Security. The County shall provide authentication, Internet, and job-specific software security. The City shall be responsible for securing its own computers against all unauthorized access. A. The City, as well as the County, will take measures to prevent unauthorized third party indirect access to the County's LAN and shared databases. Should unauthorized use of either party's access occur, any damages or costs of litigation including attorney's fees incurred by either party shall become the financial responsibility of the party whose system was accessed. B. Each user shall be assigned a unique user account with a unique password. Sharing of accounts within an agency is prohibited. C. Employees of the parties shall utilize the job specific software and shared database solely for law enforcement, corrections, and emergency dispatching purposes. IX. Backups/Disaster Recovery. The County shall backup the system databases to tape on a nightly basis. The tapes shall be saved for a period of 120 days and then rotated. The County will not maintain information longer than this period unless an extended period is requested by the City. The expense of any such City-requested extended backup shall be borne by the City. X. Use of Software. The use of the job-specific and network software shall be in accordance with the licensing policies of the publishers. XI. Configuration and Addressing. The City will be responsible for setting up and configuring the Police Department’s LAN, workstations and related hardware for Internet and e-mail processing to the County's server using specifications, computer addresses and identification assigned by the County's network administrator. XII. Configuration Management. All configuration changes to the County's LAN will be made by the County who will consult with the City. The City shall be responsible for all configuration changes to its personal computers and workstations. XIII. System Advisory Committee. The parties shall establish a Law Enforcement Interlocal Committee, hereinafter referred to as the "Committee," as herein set forth. A. The Committee members shall consist of the following: 1. Police Chief, Grand Island Police Department 2. Hall County She riff 3. Director, Hall County Department of Corrections 4. One member of the County Board of Supervisors 5. City Administrator or designee 6. City Council Member 7. The Director of the City-County Emergency Dispatching Agency 8. Hall County IT Director 9. Grand Island Fire Department Chief or designee Grand Island Council Session - 9/24/2013 Page 151 / 327 Page 5 of 7 No System Advisory Committee meeting can be held with less than five (5) voting members present. It shall also take five (5) affirmative votes of the Committee to take any action. B. The Committee shall meet at least once each calendar quarter with the County's System Administrator, who shall advise the committee regarding the system status; system maintenance; configuration changes; hardware and software upgrades; system planning; and recommended management of the system. C. Any member may designate an individual, who must be a full-time employee of either the City or the County, to serve as an alternate who shall be authorized to participate and vote on behalf of the principal member. D. The Committee shall provide recommendations regarding the operation of the job-specific data network systems. Those recommendations shall be considered along with input of the Hall County IT Committee when implementing changes. XIV. Data Ownership. The County and the City shall jointly own data stored within the shared computer systems. All other agency-specific data shall remain the data of the agency which input such data into the databases. XV. Transfer of Data upon Termination. Upon termination of this agreement and written request by the City, the County shall transfer the City's data and a copy of the jointly owned data in accordance with the City's requested format instructions. The costs of such transfer shall be the responsibility of the City. XVI. Implementation. Upon execution of this agreement, the parties shall take such actions as necessary to implement this agreement within a reasonable time thereafter. XVII. Warranties. The services, software, and hardware provided hereunder are provided without any express or implied warranties except such warranties, if any, provided by the publisher of the software and by the hardware manufacturers and distributors. The information supplied by the County described herein is provided on an "as is" basis with all faults. The obligations of the County and the rights and remedies of the City set forth in this clause are exclusive and in substitution for all the warranties, obligations, and liabilities of the County and rights, claims and remedies of the City against the County express or implied, arising by the law or otherwise, with respect to any data provided hereunder, including but not limited to any implied warranty arising from course of dealing or uses of trade, and any obligation, liability, right, claim or remedy for tort, or for any actual or alleged infringement of patents, copyrights or similar rights of third parties, or for any other direct, incidental or consequential damages. XVIII. Modification. This agreement may be modified only by written agreement of the parties. XIX. Termination. Upon an event of default by either party, the non-defaulting party may terminate this agreement. Events of default include but are not limited to the following: A. Wrongful use of the shared database. B. Unauthorized copying of the shared data. Grand Island Council Session - 9/24/2013 Page 152 / 327 Page 6 of 7 C. A material failure to abide by the terms, conditions or requirements expressed in this agreement. The non-defaulting party shall give written notice of default to the other party, which party shall have thirty (30) days to correct the condition constituting the default. In the event this agreement is determined or adjudicated to be in conflict with Federal or State law, County resolutions, or City resolutions or ordinances which are in effect at the time of this agreement or as may be subsequently imposed or adopted, the parties shall, within ten (l 0) days of any such determination or adjudication, enter negotiations in good faith to amend or modify this agreement so as to eliminate the conflict. If said negotiations are unsuccessful, either party may immediately terminate this agreement. XX. Assignment. The City/County shall not assign any right or interest in this agreement without the written permission of both parties. XXI. Property. Any property acquired or made available by any party for the purposes of this agreement shall remain the property of the party acquiring or making such property available and shall be disposed of by such party as provided by law, regulations, or ordinance governing the same. XXII. No Separate Entity. There shall be no separate legal entity created through this interlocal cooperation agreement. The City and County shall jointly administer said agreement. XXIII. Assistance. Pursuant to the lnterlocal Cooperation Act, any party to this agreement may appropriate funds and may sell, lease, give, or otherwise provide assistance, including personnel and services, as may be within the party's legal power to furnish. XXIV. Funding. Future funds required cannot be guaranteed by the parties. Necessary funds can be budgeted for and when approved can be utilized for said project. XXV. Emergency Dispatching. The parties agree that the systems as services provided hereby to the City shall also be provided to the City-County Emergency Dispatch Agency to the extent necessary to provide an integrated, shared emergency dispatching capability for the City and the County. The Joint agency shall be assessed for such use in a manner similar to that set forth in Section above. Grand Island Council Session - 9/24/2013 Page 153 / 327 Page 7 of 7 Dated , 2013 Dated , 2013 The City of Grand Island, Nebraska The County of Hall by: by: Mayor Hall County Board of Supervisors [attest] [attest] City Clerk County Clerk Approved as to form: Approved as to form: City Attorney County Attorney Grand Island Council Session - 9/24/2013 Page 154 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-314 WHEREAS, the City of Grand Island and Hall County have shared a public safety software system for several years under an Interlocal agreement; and WHEREAS, the Interlocal agreement between the City and Hall County is in need of updating; and WHEREAS, the proposed Interlocal agreement provides for the continued operation of the shared public safety information system and is of benefit to both the City and Hall County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve and have the Mayor sign the updated Interlocal agreement for Law Enforcement Records Management and Computer Aided Dispatch by and between the County of Hall and the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 155 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-10 #2013-315 - Approving Maintenance Services for Supervisory Control and Data Acquisition (SCADA) Programming at the Wastewater Treatment Plant Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 156 / 327 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:September 24, 2013 Subject:Approving Maintenance Services for Supervisory Control and Data Acquisition (SCADA) Programming at the Wastewater Treatment Plant Item #’s:G-10 Presenter(s):John Collins PE, Public Works Director Background On March 14, 2013 notice was published in the Grand Island Independent requesting Statement of Qualifications for the Supervisory Control and Data Acquisition (SCADA) Programming for the Wastewater Division of the Public Works Department. Additionally, six (6) contracting firms and four (4) plan rooms (central location for firms to obtain documents) were notified with an advertisement for qualifications submission. The Wastewater Division of Public Works is implementing new plant control philosophies in ongoing operations optimization. One element in the operations development is the Supervisory Control and Data Acquisition (SCADA) system integral to plant functions. The SCADA system is interactive to nearly every device within the facility. The Wastewater Plant Operations Engineer is observing the need to develop the programming uniquely to facility functions and emergency repairs that may arise from time to time. Discussion On March 29, 2013 the Statement of Qualifications were received from three (3) firms; Interstate Industrial Instrumentation, Inc. of Omaha, Nebraska, Huffman Engineering, Inc. of Lincoln, Nebraska; and Dakota Hogback Automation of Littleton, Colorado. These automation, process control, and system integration services maintenance support, at the option of the City, may be renewed annually for a period of five (5) years from the award date. Upon evaluation of the qualifications submitted we are recommending Interstate Industrial Instrumentation, Inc. of Omaha, Nebraska. The SCADA system is a complex network of integrated systems with elements of computer programming, base stations, ethernet, and fiber Grand Island Council Session - 9/24/2013 Page 157 / 327 optic networks, complex databases, and human-machine interface screens. City staff routinely maintains the physical aspects of the system, and relies on outsourced expertise for software and programming interfaces. The Wastewater Plant Operations Engineer will evaluate current automation standards, reviewing all aspects of the Division’s current standards for potential improvements, but with a particular focus on the areas of organization, procedure, value rational, reporting, software, modeling, data acquisition, inventory, process, reliability, preventive, predictive, and labor efficiencies. The Wastewater Plant Operations Engineer will provide recommendations for implementable measures for the Wastewater Division to improve and/or streamline automation. Interstate Industrial Instrumentation, Inc. of Omaha, Nebraska will work directly with the Wastewater Plant Operations Engineer on configuration and programming implementation of recommended initiatives and respond under emergency circumstances; assist in technical questions, provide repair and troubleshooting support. Configuration services shall be calculated based on time, material, and travel for the specific task(s) defined, and approved by the Public Works Director or Manager of Engineering Services. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve a resolution 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 award to Interstate Industrial Instrumentation, Inc. of Omaha, Nebraska as the selected firm during the operations development of the plant improvement projects. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/24/2013 Page 158 / 327 Grand Island Council Session - 9/24/2013 Page 159 / 327 Grand Island Council Session - 9/24/2013 Page 160 / 327 Grand Island Council Session - 9/24/2013 Page 161 / 327 Grand Island Council Session - 9/24/2013 Page 162 / 327 Grand Island Council Session - 9/24/2013 Page 163 / 327 Grand Island Council Session - 9/24/2013 Page 164 / 327 Grand Island Council Session - 9/24/2013 Page 165 / 327 Grand Island Council Session - 9/24/2013 Page 166 / 327 Grand Island Council Session - 9/24/2013 Page 167 / 327 Grand Island Council Session - 9/24/2013 Page 168 / 327 Grand Island Council Session - 9/24/2013 Page 169 / 327 Grand Island Council Session - 9/24/2013 Page 170 / 327 Grand Island Council Session - 9/24/2013 Page 171 / 327 Grand Island Council Session - 9/24/2013 Page 172 / 327 Grand Island Council Session - 9/24/2013 Page 173 / 327 Grand Island Council Session - 9/24/2013 Page 174 / 327 Grand Island Council Session - 9/24/2013 Page 175 / 327 Approved as to Form ¤ ___________ February 12, 2013 ¤ City Attorney R E S O L U T I O N 2013-315 WHEREAS, on March 14, 2013 notice was published in the Grand Island Independent requesting Statement of Qualifications for the Supervisory Control and Data Acquisition (SCADA) Programming for the Wastewater Division of the Public Works Department; and WHEREAS, the Wastewater Division of Public Works is currently implementing new plant control philosophies in ongoing operations optimization development; and WHEREAS, the Plant Operations Engineer is observing the need to develop the programming uniquely to facility functions; and WHEREAS, the Wastewater Division is requesting up to five (5) years, renewed annually at City’s option in maintenance service for the SCADA systems programming, and interface development; and WHEREAS, the maintenance service will provide programming configuration, assist in technical question, provide repair and troubleshooting support; and WHEREAS, Interstate Industrial Instrumentation, Inc. of Omaha, Nebraska is the selected firm. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that such maintenance service with Interstate Industrial Instrumentation, Inc. of Omaha, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 176 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-11 #2013-316 - Approving Storm Water Management Plan Program Grant Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 177 / 327 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:September 24, 2013 Subject:Approving Storm Water Management Plan Program Grant Item #’s:G-11 Presenter(s):John Collins PE, Public Works Director Background In 2005, the EPA expanded the "pollutant discharge" portion of the Clean Water Act of 1977 to include storm water runoff from all Nebraska communities with a population over 10,000. Subsequently, the City of Grand Island was designated as a National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Community in 2005. The City was issued a storm water permit for the time period of July 1, 2005 through December 31, 2010 by the Nebraska Department of Environmental Quality that includes a Storm Water Management Plan. During the 2011 year the City has been operating on an Administrative Extension, with a new 5 year permit cycle expected to be January 1, 2012 through December 31, 2017. As a result of the passage of LB1226 in the 2006 Nebraska Legislative Session, $2.5 million in funding was allocated for cities and counties with Storm Water permits to implement their local Storm Water Management Plans (SWMPs). Grant awards are distributed to applicants according to population size. The City has received funds from this storm water grant program each year since July 2007 for a total of $603,708.00 to date. The past grant funds have been used for activities such as educating the public, developers/contractors of the requirements of the permit; storm sewer stenciling; dry weather inspections; municipal evaluations and facility run-off control planning; mapping of the storm sewer system; inspection of detention cells, and implementing BMPs at City owned facilities. Additionally, the grant funds have purchased a vehicle, GPS equipment, printer/plotter and various water sampling equipment. Grand Island Council Session - 9/24/2013 Page 178 / 327 The funds from this grant will be used for additional mapping of the storm sewer system, finalizing and implementing the construction (erosion/sediment control) program, wet weather sampling and supporting education efforts through various media forms. Discussion The Storm Water Management Plan Program Intergovernmental Agreement is due Tuesday, December 31, 2013. A 20% match for the project is required and will be provided by the Public Works Department through salaries. Grant work under this program must be completed by June 30, 2015. The City has seven (7) Minimum Control Measures (MCMs) that are identified in the storm water permit. Each MCM has a number of Best Management Practicies (BMPs) that are used to carry out the MCMs. An example BMP is marking curb inlets that remind the public not to dump into the inlet because it drains to a stream or river. Grant activities are restricted to the Best Management Practices (BMPs) and seven Minimum Control Measures (MCMs) identified in the City storm water permit. The seven MCMs are: 1)Education and Outreach 2)Public Involvement/Participation 3)Illicit Discharge Detection and Elimination 4)Construction Site Storm Water Runoff Control 5)Post-Construction Storm Water Management in new development and redevelopment 6)Pollution Prevention good housekeeping for municipal operations 7)Wet Weather Monitoring 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 a resolution directing the Mayor to sign the Intergovernmental Agreement. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/24/2013 Page 179 / 327 Grand Island Council Session - 9/24/2013 Page 180 / 327 Grand Island Council Session - 9/24/2013 Page 181 / 327 Grand Island Council Session - 9/24/2013 Page 182 / 327 Grand Island Council Session - 9/24/2013 Page 183 / 327 Grand Island Council Session - 9/24/2013 Page 184 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-316 WHEREAS, in 2005, the Environmental Protection Agency expanded the “pollutant discharge” portion of the Clean Water Act of 1977 to include storm water runoff from Nebraska communities with a population over 10,000; and WHEREAS, the City Of Grand Island was designated as a National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Community and was issued a storm water permit from the Nebraska Department of Environmental Quality; and WHEREAS, the City Of Grand Island has developed a Storm Water Management Plan (SWMP) in conformance with the storm water permit; and WHEREAS, the City Of Grand Island, Nebraska is an eligible unit of a general local government authorized to file an application through the Nebraska Department of Environmental Quality for a grant to implement the Storm Water Management Plans (SWMPs) and is entitled to a minimum of $73,978.00 and no more than $364,999.00 from the State of Nebraska; and WHERAS, the City is scheduled to receive $73,978.00 with the required twenty percent (20%) match for the project provided by the City of Grand Island, Public Works Department; and WHEREAS, the Nebraska Department of Environmental Quality will accept the signed agreement until Tuesday, December 31, 2013, with funds being awarded to the City upon execution and submission of the grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska, is hereby authorized to accept the funding from the Nebraska Department of Environmental Quality, for the Storm Water Management Plan Program Grant. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute such grant intergovernmental agreement and other documentation on behalf of the City Of Grand Island for such grant purposes. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 185 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-12 #2013-317 - Approving Selection of Vontz Paving, Inc. for the Construction Contract for the Various Locations in Grand Island Resurfacing Project Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 186 / 327 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:September 24, 2013 Subject:Approving Selection of Vontz Paving, Inc. for the Construction Contract for the Various Locations in Grand Island Resurfacing Project Item #’s:G-12 Presenter(s):John Collins PE, Public Works Director Background All agreements must be approved by the City Council. The Various Locations in Grand Island (Resurfacing) project consists of typical asphalt mill and overlay construction, which is accomplished by removing the top of existing asphalt surfacing by cold milling and placement of new Asphaltic Concrete. The project will improve approximately 4.6 miles of city streets and is planned at the following locations. · Blaine Street – Garland Street to Beltline Trail · First Street – Walnut Street to Sycamore Street · North Road – 13th Street to State Street · Independence Avenue – Capital Avenue to Nebraska Highway 2 · Broadwell Avenue – Anna Street to State Street Certain locations have been identified for complete pavement removal and reconstruction due to the lack of structural capacity of the existing pavement. These locations include two blocks on First Street, the southern portion of Independence Avenue, and the east side of Broadwell Avenue from Division Street to Second Street. Sidewalk curb ramps will be reconstructed to Americans with Disabilities Act (ADA) standards at all intersections. This project is made possible through funds provided by the Nebraska Department of Roads Surface Transportation Program and the Federal Highway Administration. This project will relieve the City of Grand Island from funding these improvements solely with the Streets Division Resurfacing funds or the Capital Improvements Program fund. Grand Island Council Session - 9/24/2013 Page 187 / 327 On May 14, 2013, City Council approved Supplemental Agreement No. 1 for limiting future obligations for the Various Locations (Resurfacing) Project. Funding shortfalls were caused by the current highway funding and authorization bill, the Moving Ahead for Progress in the 21st Century Act (MAP-21). To address the funding shortage, NDOR agreed to provide more funds to deliver projects already programmed through STP funds with First Class Cities, but required the federal funding for these projects to be limited. Under Supplemental Agreement No. 1 the maximum amount of STP funds that can be obligated for all project costs is $2,828,818. The maximum amount that can be obligated for construction costs is 80% of $2,748,000, or $2,198,400. Discussion As specified in the Program Agreement with NDOR, the State advertised and conducted the letting for this project. Two bids were received and opened on September 5, 2013. The bids were submitted in compliance with the contract, plans and specifications. The bid tabulations are included with this Council item. Bidder Exceptions Bid Vontz Paving, Inc. of Hastings, NE None $3,137,563.65 The Diamond Engineering Company of Grand Island, NE None $3,297,424.58 Since the lowest bid exceeds the maximum amount for construction costs specified in Supplemental Agreement No. 1, the City of Grand Island will be responsible for 100% of the construction costs in excess of $2,748,000. The total City cost for construction was originally estimated to be $549,600, but is now estimated to be $939,163.65; an increase of $389,563.65. Public Works and the NDOR Contracts Section have reviewed the bids and determined them to be acceptable. A recent increase in construction activity regionally is considered as one cause for contractors submitting higher bid prices. It is unlikely that re-advertising the project will result in lower bids. In order for the project to remain eligible for Federal funding, the project must be awarded prior to September 30, 2013. The tentative start date for construction is April 28, 2014. The project is expected to be completed in October, 2014. Public Works staff is currently in the process of negotiating the scope and fee for Construction Engineering services with Olsson Associates, Inc. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/24/2013 Page 188 / 327 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 selection of Vontz Paving, Inc. of Hastings, Nebraska for the Construction Contract for the Various Locations in Grand Island Resurfacing Project. Sample Motion Move to approve the agreement. Grand Island Council Session - 9/24/2013 Page 189 / 327 Stuhr Rd S13th St WNorth Rd NLocust St SWebb Rd NBlaine St SCapital Ave W Diers Ave NState St W St Paul RdEngleman Rd N3 rd S t WBroadwell Ave NAirport Rd E Oak St NCapital Ave E Airport Rd W 4 th S t E North Rd SUS Highway 281 SCuster Ave NA n n a S t W U S H ig hw ay 30 W J o h n S t W Sky Park Rd1 s t S t W El m St NK o e n ig S t W L o u is e S t WEd d y St NOld Potash Hwy W Webb Rd S7 th S t E Pi ne St ND iv is io n S t W 7 t h S t W Husker Hwy C h a rle s S t W O ld H igh w a y 30 W 9 th S t W Faidley Ave W Syc amo r e St N6 th S t W North Front St W 8 th S t W Wal nut St NVi ne St NAdams St SWheel er Ave NCl ar k St N4th St W 5th St W Bismark Rd E College St Park Ave N2 n d S t W US Highway 34 W Ch e rr y St SNebraska Highway 2 W Redwood RdForrest St Old Highway 2 W Cottage St Huston Ave NIndependence AveVine St SAr t h u r St SCl ar k St SClaude Rd5 t h S t E Oak St SKi mb all Ave NUS Highway 281 N US Highway 34 E Stolley Park Rd W Stagecoach Rd James RdKennedy DrEngleman Rd SBeal St Allen DrPioneer BlvdLariat Ln U S Hi g h way 3 0 E Bass Rd Stolley Park Rd EHancock AveMidaro Dr Fonner Park Rd EElm St SWhite AveSylvan StGrand Island Ave N11th St W 1 0 th S t WNorthwest AveMansfield RdGr ant St SStauss Rd Blake St Geddes StLafayette Ave NHarrison St SPark Dr August St STalc DrRiverside DrSouth St W Mason Ave S o u th F ro n t S t W Til den St SChurch Rd Dodge St W e s tg a te R d 1 s t S t E Manchester Rd Macron StTrust St Gold RdEddy St SJay StRainbow RdJan StApache RdHagge Ave 2 n d S t E Hall St K e n t A ve 3 r d S t E Farmstead RdCe d ar St N20th St E South St E Ada StShanna St Howard Ave N12th St E 14th St E Taft Av eRoush Ln Li ncol n Av e SPonderosa DrLillie Dr Cannon Rd Arapahoe AveSchroeder Ave8 t h S t EIdaho AveCarleton AveSagewood AveDriftwood Dr Wort man DrCraig Dr Brentwood BlvdPiper StKay Ave Edna Dr Riverview DrGeorge St Sandalwood Dr Oriole St 17th St W India nhe ad D rDel Mar AveCherokee Ave NLamar Ave Pine St S11th St E Graham AveMary Ln Kimball Ave SEbony Ln18th St E Spur Ln Cottonwood RdBl ai ne St NAllen Ave Ruby AveSycamore St SEwoldt Rd Roth Rd Ramada RdArrowhead RdY u n d S tMeadow RdA r c h A v e Kruse AveBellwood DrReed Rd I ngall s StO Flannagan StGateway AveWaugh St W West LnReuting Rd Plum St SBrahma StFrontage Rd Lake St 2 1 s t S t E Norwood Dr Angel LnSunset Ave EWillow StSandra Rd Old Lincoln Hwy W Garland StFonner Park Rd W Cochin StSt Patrick AveHampton Rd Madi son St NMemorial Park RdOrleans DrKaufman AveIndianhead Rd Holland DrNordic Rd Marian Rd Elmwood Dr Capital Trailer CtLee StreetFreedom DrWicklow Dr18th St W Enterprise Ave Cl ebur n St NIndian Grass Rd Johnson DrS o u th F ro n t S t E Commanche AveSothman DrOxnard Ave Eilenstine Rd ERoberts St E Phoenix Ave EAspen CirNorseman Ave Windridge AveOverland DrWilliam St2 3 r d S t W Oklahoma Ave EUPRR Dri v eAster Dr Lakeview CirChant ill y St Greenwood Dr Augusta Parkway Doreen StMabel DrIsland Cir Vi a Tri voli Catfish AveLaura AveWeis DrHillside DrArt h ur St N1 s t S t W Engleman Rd SUS Highway 281 NHusker Hwy Hall St Hall St North Rd SAda St5 th S t W Norseman AveIdaho AveUS Highway 281 SSunset Ave E 4 t h S t W 10th St W 6th St WUS Highway 281 NStolley Park Rd W 11 t h S t W PUBLIC WORKS DEPARTMENT FEDERAL AID PROJECTS BLAINE ST. - Garland to Stolley Park Rd BLAINE ST. - Stolley Park Rd to Bike Trail 1st ST - Walnut to Sycamore NORTH ROAD - 13th to State INDEPENDENCE AVE. - Capital Ave to Neb. Hwy #2 BROADWELL AVE. - 2nd to State BROADWELL AVE. - Anna to 2nd £ PLOT 01-25-2011-----FED- Aid-Overlay-2013.mxd Grand Island Council Session - 9/24/2013 Page 190 / 327 Grand Island Council Session - 9/24/2013 Page 191 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-13 #2013-318 - Approving Bid Award for a Wireless Magnetometer Vehicle Detection System for the Streets Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 192 / 327 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:September 24, 2013 Subject:Approving Purchase of Wireless Magnetometer Vehicle Detection System and Designation of Sensys Networks as a Sole Source Provider for Future Purchases such systems and components. Item #’s:G-13 Presenter(s):John Collins PE, Public Works Director Background The intersection of 13th and Webb Road is in need of concrete patching to ensure it remains safe for the traveling public. The signalized intersection is currently equipped with vehicle detection loops; the concrete repair quantity will be sufficient enough to require new loops but not enough to place the loops under the pavement, meaning they would need to be sawed into the pavement. Sawing signal loops into pavement is intrusive and can be detrimental to pavement condition giving water a place to enter and cause damage. There are other options for detection at a signalized intersection of which each has its pros and cons (see Attachment 1). It was determined by the Public Works Department that the magnetometer detection would be the most appropriate for this intersection; due to the short installation time, long life cycle (approximately 10 years) and the ability to remove and re-install the sensors as more concrete repair is required in the future. On September 6, 2013 the Streets Division of the Public Works Department advertised for bids for a Wireless Magnetometer Vehicle Detection System. The invitation to bid was also sent to seven (7) potential bidders. Discussion One (1) bid was received and opened on September 17, 2013. The Streets Division of Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. The bid by Sensys Networks of Berkeley, California meets all of the specifications. A summary of the bid is shown below. Grand Island Council Session - 9/24/2013 Page 193 / 327 Bidder Bid Price Sensys Networks of Berkeley, California $22,539.00 Funds were budgeted for Fiscal Year 2013 and are available in Account No. 10033505- 85325. The bid price is below the estimate of $24,500.00. Wireless magnetometer detection is a newer technology that is not produced by many companies. Sensys is the leading manufacturer that sells their products based on regional areas using a combination of vendors and direct selling. Nebraska is in a region in which Sensys Networks sells directly. This fact means many vendors will not bid on items outside of their jurisdiction and can make it difficult to produce competitive bidding. To ensure that components of the system can be purchased in a timely fashion the Public Works Division is proposing that in addition to awarding this bid that Sensys Networks be a sole source provider for future purchases of wireless magnetometer vehicle detection systems and its components. 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 bid award of a wireless magnetometer vehicle detection system to Sensys Networks of Berkeley, California in the amount of $22,539.00 and approve Sensys Networks of Berkeley, California as the sole source provider for wireless magnetometer vehicle detection systems and system components. Sample Motion Move to approve the bid award. Grand Island Council Session - 9/24/2013 Page 194 / 327 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 17, 2013 at 2:00 p.m. FOR:Wireless Magnetometer Vehicle Detection System DEPARTMENT:Public Works ESTIMATE:$24,500.00 FUND/ACCOUNT:10033505-85325 PUBLICATION DATE:September 6, 2013 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:Sensys Networks Berkeley, CA Bid Price:$22,539.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Supt. P1673 Grand Island Council Session - 9/24/2013 Page 195 / 327 Slide 1Wireless Magnetometer Wireless Magnetometer Vehicle DetectorsVehicle DetectorsSignal ElectronicsSignal ElectronicsMay 25, 2011May 25, 2011Wireless Detector HistoryTesting and DevelopmentHow They WorkInstallationResultsAlternativesMaintenanceDepartment of TransportationTraffic DivisionGrand IslandCouncil Session - 9/24/2013Page 196 / 327 Slide 2DOT Wireless DOT Wireless Detector HistoryDetector HistoryMay 2006, Contacted May 2006, Contacted SensysSensysto Develop and Provide Stop Bar Detectionto Develop and Provide Stop Bar DetectionAugust 2006 Installed First Beta Prototype at Signal Facility TeAugust 2006 Installed First Beta Prototype at Signal Facility Test Bed.st Bed.May 2007 First Active Intersection InstallationMay 2007 First Active Intersection Installation––Observation and timing adjustments Observation and timing adjustments September 2007 Begin Full Deployment Along Edmondson Ave. September 2007 Begin Full Deployment Along Edmondson Ave. ––Nine semiNine semi--actuated intersections actuated intersections November 2007 Purchase equipment for 50 + IntersectionsNovember 2007 Purchase equipment for 50 + Intersections157 Installations to date157 Installations to dateGrand IslandCouncil Session - 9/24/2013Page 197 / 327 Slide 3Test Results and Test Results and DevelopmentDevelopmentAugust 2006 Thru November 2007August 2006 Thru November 2007Testing Began Testing Began --Simple Volume and Occupancy Counts.Simple Volume and Occupancy Counts.––Comparison with baseline loop detectors, data recorded and analyComparison with baseline loop detectors, data recorded and analyzed through system zed through system controllerscontrollers––Sensors comparable with loops under all local weather conditionSensors comparable with loops under all local weather conditions.s.––About 1% error.About 1% error.Stop Bar Capabilities TestedStop Bar Capabilities Tested––Full presence mode tested and verified.Full presence mode tested and verified.––Optimum sensor placement and configuration established.Optimum sensor placement and configuration established.––Sensor sensitivity improvements implemented to detect a wider Sensor sensitivity improvements implemented to detect a wider variety of vehicles.variety of vehicles.Parked Vehicle Detection and Tune Out Tests (BDOT Requirement)Parked Vehicle Detection and Tune Out Tests (BDOT Requirement)––Tune out function tested and verified.Tune out function tested and verified.––Firmware upgrade implemented for improved operation. Firmware upgrade implemented for improved operation. Wireless Detector System comparable to inductive loops in perfoWireless Detector System comparable to inductive loops in performance, rmance, functionality and stability.functionality and stability.Grand IslandCouncil Session - 9/24/2013Page 198 / 327 Slide 4Access Point / ReceiverWireless SensorsWireless Detector SystemWireless Detector SystemHow it WorksHow it WorksDetector Data Link to Detector Data Link to ControllerControllerRF Data LinkRF Data LinkGrand IslandCouncil Session - 9/24/2013Page 199 / 327 Slide 5InstallationInstallationSet Up & ConfigurationSet Up & ConfigurationThe system is preThe system is pre--configured in the shop to reduce field install time.configured in the shop to reduce field install time.Configuration tables produced.Configuration tables produced.Installation drawings made to insure correct sensor placementInstallation drawings made to insure correct sensor placementThe AP is set up and tested prior to being installed in the fieThe AP is set up and tested prior to being installed in the field.ld.Average set up time, out of the box to field ready is about one Average set up time, out of the box to field ready is about one hour per hour per intersection.intersection.Dot ID 16 Address 170 Lane Position07EF 3-15-3 W-S LT 3 18834 3-15-3 W-S LT 3 20832 3-15-2 E-N LT 3 10836 3-15-2 E-N LT 3 2073E 3-15-1 SB 1 10821 3-15-1 SB 2 1sensor card - addr - det channel SB curb lane First sensor at stop bar0000 3-15-1 SB 2 1OperationsDOT CONFIGURATION Allendale & Edmondson 1468ExampleNotes: Lane is direction of travel plus lane number. Lane 1 is always curb lane in direction of travel. Example: 1 = curb, 2 = center, 3 = left, 4 = turn (in same direction of travel)Position:Stop Line sensor is sensor is 1 additional upstream sensors 2,3,4 ect.Grand IslandCouncil Session - 9/24/2013Page 200 / 327 Slide 6Field InstallationField InstallationEach flushEach flush--mount sensor is mount sensor is installed using a core drill installed using a core drill ––44””diameter holediameter hole––2 2 ½”½”deep deep Less than 20 minutes Less than 20 minutes install time per sensor install time per sensor Minimal lane closure timeMinimal lane closure timeAccess Point / Receiver fastened to Access Point / Receiver fastened to signal pole 25 signal pole 25 ––30 feet high30 feet high––CATCAT--5 cable is installed from AP 5 cable is installed from AP to Controller to Controller ––Detector cards are installed in the Detector cards are installed in the control cabinet.control cabinet.Average install time 1 hour Average install time 1 hour Final set up 20 minutesFinal set up 20 minutesAverage field install time, per intersection Average field install time, per intersection ––About three hours*About three hours***Typical install is 1 AP with four sensors. Assumes no other mainTypical install is 1 AP with four sensors. Assumes no other maintenance required. Does not include travel time.tenance required. Does not include travel time.Grand IslandCouncil Session - 9/24/2013Page 201 / 327 Slide 7Detector Improvement Detector Improvement ResultsResultsReduced Peak Travel Times Along ArteriesReduced Peak Travel Times Along ArteriesEliminate Unnecessary Main Street StopsEliminate Unnecessary Main Street StopsFaster Return to main Street GreenFaster Return to main Street GreenMinimizes unnecessary side street green timeMinimizes unnecessary side street green timeReliable Side Street DetectionReliable Side Street DetectionGrand IslandCouncil Session - 9/24/2013Page 202 / 327 Slide 8Alternatives + Alternatives + --Wireless TechnologyWireless Technology++Good for actuated installationsGood for actuated installations++Quick deployment, simple installation, Quick deployment, simple installation, relatively low costrelatively low cost++AccurateAccurate++Small footprint in roadwaySmall footprint in roadway++Sensors may be retrieved from roadSensors may be retrieved from road--Lap Top required for field diagnosticsLap Top required for field diagnostics--To Be DeterminedTo Be DeterminedGrand IslandCouncil Session - 9/24/2013Page 203 / 327 Slide 9Alternatives + Alternatives + --Good Good OlOl’’LoopsLoops++Lowest equipment cost Lowest equipment cost ++AccurateAccurate++No special equipment for diagnosticsNo special equipment for diagnostics--Labor intensive and costly installationLabor intensive and costly installation--Large footprint, easily damagedLarge footprint, easily damagedGrand IslandCouncil Session - 9/24/2013Page 204 / 327 Slide 10Alternatives + Alternatives + --Video DetectionVideo Detection++Wide coverage, multiWide coverage, multi--lane detection lane detection ++NonNon--intrusiveintrusive++Easy to change detection zonesEasy to change detection zones--High cost for small intersectionsHigh cost for small intersections--Extensive cabling requiredExtensive cabling required--Special equipment for diagnosticsSpecial equipment for diagnostics--Becomes maintenance intensive over Becomes maintenance intensive over time.time.Grand IslandCouncil Session - 9/24/2013Page 205 / 327 Slide 11MaintenanceMaintenanceLetLet’’s Not Forget Pedestrian Detectors (Push Buttons)s Not Forget Pedestrian Detectors (Push Buttons)––Push buttons checked for proper operation during detector instalPush buttons checked for proper operation during detector installl––Defective buttons replacedDefective buttons replaced––Defective wiring corrected or replacedDefective wiring corrected or replacedThere is no such thing as set it and forget itThere is no such thing as set it and forget it……For any For any SystemSystem––Expect increased maintenance as equipment agesExpect increased maintenance as equipment ages••Control EquipmentControl Equipment••DetectorsDetectors••Poles and CablingPoles and Cabling••SignalsSignalsGrand IslandCouncil Session - 9/24/2013Page 206 / 327 Vehicle Detection Technologies “The detector technologies used for signalized intersection control are inductive loops, magnetic detectors, passive infrared, ultrasonic, true-presence microwave radar and video detection processing. Detection technologies can be divided into two types: intrusive and non-intrusive. Intrusive detectors are laid in the pavement surfaces, while non-intrusive detectors are installed above the ground. Non-intrusive detectors observe traffic from above or from the side of a lane. They can be mounted on traffic signal mast arms, or over bridges or traffic lights, with a minimal disturbance to traffic flow during installation, maintenance and operation. Inductive Loops Inductive loops are the standard industry detectors. They are intrusive. When a vehicle passes over a loop or stays within a loop area, the inductance is reduced and is detected by a change in resonant frequency by the loop detection processor module. Inductive loops can be used alone or with any other traffic systems to provide information about vehicle presence. Inductive loops provide accurate detection when they are installed accurately. Other advantages include environmental independence, low maintenance costs and inexpensive operation. However, the high failure rate, inflexibility and disruption of traffic flow during installation and maintenance of inductive loops are disadvantages that require a change in detecting technology. Magnetic detectors Magnetic detectors are intrusive and operate using wire coils embedded in the roadway. There are two types of magnetic detectors: active magnetic detectors, also known as magnetometers, and passive magnetic detectors. The working principle of magnetometers is similar to inductive loops, except the magnetometers have a coil of wires wrapped around the core. The earth's natural lines of flux pass through this coil. A voltage is caused by the deflection of the flux when a vehicle passes over the detector. The voltage is amplified and a signal is given, detecting the vehicle. The advantages of these detectors are that they require low maintenance, are easy to install and are not affected by environmental conditions. They also provide a well-detected work zone. But these detectors are expensive and multiple-detectors must be installed to measure small vehicles such as motorcycles. Moreover, passive detectors do not detect the presence of a vehicle. Because of these disadvantages, they are not widely used. Grand Island Council Session - 9/24/2013 Page 207 / 327 Passive Infrared System The passive infrared system is a non-intrusive detector that measures the energy emitted from an object (i.e. vehicle). A signal-processing algorithm is used to extract the information. In this system, no energy is emitted to detect the vehicle. Its advantage is that it can operate both during the day and at night. It can be easily installed on the side or above a lane without causing a disruption to traffic. Disadvantages are its sensitivity to bad weather and ambient light conditions. Ultra-Sonic Detectors Ultra-sonic detectors are not very common in the United States. They operate by transmitting ultrasonic energy onto the object and measuring the reflected energy. Ultra-sonic detectors are used to obtain information regarding vehicle presence, speeds and occupancy. One advantage of ultra-sonic detectors is that they work in all climatic conditions. They also provide fixed or portable mounting fixtures above the ground. The disadvantage of ultra-sonic detectors is the need for the devices to be mounted facing down and suspended above the vehicles. The detectors have difficulty in identifying vehicles moving alongside each other, and are susceptible to high wind speeds. Microwave Radar Microwave radars are not very common in the United States. Microwave radars use the energy reflected from the object within the field of view (FOV). They measure speeds, presence and occupancy by processing the information received. The advantages of these detectors are that they can measure velocity directly and a single detector can be used to measure multiple lanes. The disadvantage is that they give false detection due to this multi-lane path. Video Detection Systems Video-detection systems are also considered non-intrusive. Video detection combines real-time image processing and computerized pattern recognition in a flexible platform. It uses a vision processor to analyze real-time changes in the image. In this system, cameras called image sensors capture images and provide a video signal to the vision processor. The video signal is analyzed and the results are recorded. Video image detection is one of the primary alternatives to the traditional loop detector. It is becoming an increasingly common means of detecting traffic at intersections and interchanges. This is because video detection is often cheaper to install and maintain than inductive loop detectors at multi-lane intersections. In addition to speed, volume, queues and headways, it provides traffic engineers with many other traffic Grand Island Council Session - 9/24/2013 Page 208 / 327 characteristics, such as level of service (LOS), space mean speed, acceleration and density. Video detection is also more readily adaptable to changing conditions at intersections (e.g., lane reassignment and temporary lane closure for work zone activities). This is one of the biggest advantages of video image detection. It provides traffic managers with the means to reduce congestion and improve roadway planning. Additionally, it is used to automatically detect incidents in tunnels and on freeways, thus providing information to improve emergency response times of local authorities. The main disadvantage of video image detection is that it is adversely affected by camera motion, daily changes in light level, seasonal changes in the sun's position and glare problems. Environmental factors like rain, snow and wind also affect its working capabilities, resulting in a significant number of false calls, missed calls and locked calls. Grand Island Council Session - 9/24/2013 Page 209 / 327 Installation of inductive loops vs. wireless magnetometers Downside of inductive loops: Pavement deterioration is accelerated. Whether in new pavement or having to cross old pavement to access a loop in a new concrete patch, the more sealant we use the sooner we will be back to replace more loops and pavement. 1. Pavement Distress. Shorten pavement life significantly when sawed in. 2. Wire breakage due to shifting joints and cracks in pavement. 3. Moisture in saw cuts/freeze thaw cycle. Literarily makes the pavement explode out of the corners of the loop. 4. Asphalt installations, normally good till next milling. 5. Wire insulation deterioration from moisture inside saw cuts. 6. Wire connections in pole bases and pull boxes, pull boxes can be water traps even the best connection will get moisture in them and start oxidizing. 7. Time it takes for installation/3 workers about 3 hours for a 6’ x 12’ loop. Disruption to traffic as some intersections have 7or 9 loops per direction of travel. 8. Occlusion of motorcycles and bicycles. Not enough metal to change induction to readable levels. Downside of wireless magnetometers: 1. Occlusion of motorcycles and bicycles. Magnetometers are placed in the center of the lane and motorcycles and bike tend to use the edge of the lane. 2. Batteries in the magnetometers need to be replaced every 7 to 10 years and they have to be removed and re-epoxied into the roadway. 3. It is untried technology for the City of Grand Island at present. There would be a learning curve for the signal technicians involved. 4. Initial cost of installation needs to be considered. Grand Island Council Session - 9/24/2013 Page 210 / 327 Upside of inductive loops: When properly installed under new pavement inductive loops are the most cost effective method of vehicle detection at signalized intersections. Upside of wireless magnetometers: Flush-mount in-pavement installation with no wires or lead-in cabling. Fast and simple installation, installs in less than 10 minutes in small hole using a hammer or core drill. (4” (10 cm) diameter; 2 ¼” (5.7 cm) deep) Covered with fast-drying epoxy to minimize road closures. Extremely long battery life – average of 10 years. Gives us the ability to do traffic counts by lane and access the information wirelessly via laptop or ITS (Intelligent Traffic System). Can be removed for road repairs and replaced when finished or moved to a different location if an intersection is being replaced and loops can be installed beneath the pavement. Grand Island Council Session - 9/24/2013 Page 211 / 327 CITY OF GRAND ISLAND ATTACHMENT 2 – INTERSECTION LAYOUT FOR WIRELESS MAGNETOMETER VEHICLE DETECTION SYSTEM *LOCATIONS ARE APPROXIMATE. LAYOUT ABOVE IS FOR GENERAL GUIDANCE ON INTERSECTION GEOMETRICS AND QUANTITY/TYPE OF DETECTORS. ADVANCED DETECTOR STOP BAR DETECTOR Grand Island Council Session - 9/24/2013 Page 212 / 327 Attachment 3 13th St & Webb Rd - Traffic Signals Vehicle Detection (stop bar only) Labor and Material Estimate 7/17/2013 Detection Type Number of Staff Hours/Person/ Component Number of Components Labor Hours Avg Cost/ Labor Hour Labor Cost Est. Material Cost Est. Total Cost Est. Inductive Loops 3 3 32 288 $20 $5,760 $6,000 $11,760 Video 3 30 (total per person)na 90 $20 $1,800 $18,500 $20,300 Microwave 2 8 (total per person)na 16 $20 $320 $19,098 $19,418 Magnetometer 2 0.25 20 10 $20 $200 $18,500 $18,700 *The numbers above are for stop bar detection only. Additional costs for advanced detection were difficult to compare since some of the above technologies do not work well for long distances. Grand Island Council Session - 9/24/2013 Page 213 / 327 Grand Island Council Session - 9/24/2013 Page 214 / 327 Grand Island Council Session - 9/24/2013 Page 215 / 327 Grand Island Council Session - 9/24/2013 Page 216 / 327 Grand Island Council Session - 9/24/2013 Page 217 / 327 Grand Island Council Session - 9/24/2013 Page 218 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-318 WHEREAS, the City of Grand Island invited bids for a Wireless Magnetometer Vehicle Detection System, according to bid specifications on file with the Public Works Department; and WHEREAS, on September 17, 2013 one bid was received from Sensys Networks of Berkeley, California for the amount of $22,539.00; and WHEREAS, Synsys Networks is the manufacturer of the Wireless Magnetometer Vehicle Detection System components specified on their bid sheet; and WHEREAS, to streamline the process for future purchases of Wireless Magnetometer Vehicle Detection Systems and/or system components, it is requested that Sensys Networks be designated as the sole source provider for such technology and equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid from Sensys Networks of Berkeley, California for Wireless Magnetometer Vehicle Detection System in the amount of $22,539.00 is hereby approved as the lowest responsible bidder; and BE IT FURTHER RESOLVED, that Sensys Networks of Berkeley, California is hereby designated as the sole source provider for future purchases of Wireless Magnetometer Vehicle Detection Systems and/or system components. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 219 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-14 #2013-319 - Approving Change Order No. 1 for Stuhr Road – Bismark Road to Burlington Northern Santa Fe Railroad Paving Project No. 2013-P-4 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 220 / 327 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:September 24, 2013 Subject:Approving Change Order No. 1 for Stuhr Road – Bismark Road to Burlington Northern Santa Fe Railroad Paving Project No. 2013-P-4 Item #’s:G-14 Presenter(s):John Collins PE, Public Works Director Background Gehring Construction and Ready Mix Co., Inc. of Columbus, Nebraska was awarded a $362,958.51 contract by the City Council on June 25, 2013 for the Stuhr Road – Bismark Road to Burling Northern Santa Fe Railroad Crossing; Paving Project No. 2013-P-4. Discussion Following are explanations for the items of work that are to be added by Change Order No. 1 and justifications for the agreed unit prices for the additional work. At the south end of the project, immediately north Bismark Road, the existing asphalt roadway has small ruts in the wheelpaths. In order to provide a transition from the new concrete pavement to the existing roadway, the Contractor was directed to remove the entire width of the existing pavement by milling 3” deep for a length of 5’, then inlay in asphaltic concrete. This process provided a smoother transition from the new pavement to the existing pavement. The item “Cold Milling (Inlay)” is being added to the contract to provide compensation for mobilizing equipment and removing the top 3” of existing pavement as directed. The agreed unit price for “Cold Milling (Inlay)” is based on equipment rental and labor costs, and is reasonable considering the small quantity of work involved. The contract quantity of the item “Asphaltic Concrete” is being increased 2.20 Ton to reflect this change. Grand Island Council Session - 9/24/2013 Page 221 / 327 The original contract called for placement of bluegrass sod in the frontage at one residential property. After discussing the existing turf and the irrigation requirements with the property owner, it was decided that a drilled mixture of fescue, bluegrass and ryegrass would be more appropriate for their lawn. It was also determined that this seed mixture should be applied at the frontages of three other residential properties as well. This work is based on the Special Provisions for “Seeding, Type Residential” from the Handicap Ramp Project No. 2013-1. The Contractor was directed to apply this item for roadside seeding at the four residential properties mentioned above. The agreed unit price for “Seeding, Type Residential” compares favorably with the contract unit price for the same item on the Handicap Ramp Project No. 2013-1. The contract quantity for the item “Sodding” is being reduced to zero to reflect this change. In order to meet roadside safety guidelines, the project plans and specification required installation of new “breakaway” mailbox posts at two residential properties. If impacted by a vehicle that veered off the roadway, the “breakaway” posts are designed to prevent the mailbox and post from entering through the vehicle’s windshield, and damage to the vehicle is also reduced. The mailbox post assemblies were based on Nebraska Department of Roads standard plans and specifications. However, the specific materials for the assemblies were not available after the contract was awarded. Engineering Division staff researched and approved an alternate design for the assemblies. The alternate design requires a concrete foundation and more labor for assembly. The item “Mailbox Post (Revised)” is being added to provide compensation for the additional costs for installation of the alternate mailbox posts. The agreed unit price for “Mailbox Post (Revised)” is reasonable considering the additional labor costs for assembly, the additional cost for the concrete foundations, and the small quantities involved. The contract quantity for the item “Mailbox Post” is being reduced to zero to reflect this change. Longitudinal joints were designed to be sawed at the centerline of the roadway and 12’ left and right of the centerline. Longitudinal joints are sawed in new concrete pavement to allow “controlled” cracks that occur due to contraction, pavement width, and differences in the base structure. As specified in the plans, 30” long reinforcing bars were placed at regularly spaced intervals along the longitudinal joints in the pavement to keep the pavement “tied” together. Grand Island Council Session - 9/24/2013 Page 222 / 327 The number of reinforcing bars as shown in the plans is based on a 16’-6” spacing of the transverse joints. In order to keep the lengthwise and widthwise spacing of the concrete panels similar, the spacing of the transverse joints were reduced to 12’. This change resulted in reducing the spacing of the reinforcing bars in order to achieve sufficient spacing between transverse joints. The item “Tie Bars” is being added through this change order to provide compensation to the Contractor for providing and installing an additional 310 reinforcing bars for the longitudinal joints. The agreed unit price for “Tie Bars” is based on costs for furnishing the tie bars and the labor for installation at the reduced spacing. The agreed unit price compares favorably with the January 1, 2012 through December 31, 2013 Nebraska Department of Roads Average Unit Price for the same item. In accordance with the plans and specifications, new pavement marking was required for advance notice of the railroad crossing. The Contractor was directed to place new pavement marking on the center of the existing asphaltic concrete roadway north of the railroad crossing. This required removal of existing pavement marking that was not on the same alignment of the new pavement marking to be placed. The item “Pavement Marking Removal” is being added through this change order to provide compensation for this work. The agreed unit price for “Pavement Marking Removal” is based on the January 1, 2012 through December 31, 2013 Nebraska Department of Roads Average Unit Price for the same item. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 1 for the Stuhr Road – Bismark Road to Burling Northern Santa Fe Rrailroad, Project No. 2013-P- 4. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/24/2013 Page 223 / 327 City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: September 24, 2013 PROJECT: Stuhr Road – Bismark Road to BNSF RR Project No. 2013-P-4 CONTRACTOR: Gehring Construction and Ready Mix Co., Inc. CONTRACT DATE: June 25, 2013 Quantity Unit Price Total Price 1.Cold Milling (Inlay) 1.00 EA $425.70/EA $425.70 2.Asphaltic Concrete 2.20 TON $200.00/TON $440.00 3.Seeding, Type Residential 15,400.00 SF $0.22/SF $3,388.00 4.Sodding - 2,500.00 SF $0.50/SF - $1,250.00 5. Mailbox Post (Revised)2.00 EA $175.00/EA $350.00 6.Mailbox Post - 2.00 EA $100.00/EA - $200.00 7.Tie Bars 310.00 EA $3.90/EA $1,209.00 8.Pavement Marking Removal 555.00 LF $0.75/LF $311.35 TOTAL OF CHANGE ORDER NO. 1 $ 4,674.05 The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order .....................................................................................$362,958.51 Net Increase/Decrease Resulting from this Change Order .............................................................$ 4,674.05 Revised Contract Price Including this Change Order................................................................$ 367,632.56 Approval Recommended: By_______________________________________ John Collins, Public Works Director Date The Above Change Order Accepted:Approved for the City of Grand Island: Gehring Construction and Ready Mix Co., Inc. By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Grand Island Council Session - 9/24/2013 Page 224 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-319 WHEREAS, on June 25, 2013, by Resolution 2013-194, the City of Grand Island awarded Gehring Construction and Ready Mix Co., Inc. of Columbus, Nebraska the bid in the amount of $362,958.51 for Stuhr Road – Bismark Road to Burlington Northern Santa Fe Railroad Crossing; Paving Project No. 2013-P-4; and WHEREAS, it has been determined that additional work is necessary to complete such project; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $4,674.05 for a revised contract price of $367,632.56. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and Gehring Construction and Ready Mix Co., Inc. of Columbus, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 225 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-15 #2013-320 - Approving Agreement with NDOR for US Highway 30 Improvements from the Southwest City Limits Extending Near Johnstown Road Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 226 / 327 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:September 24, 2013 Subject:Approving Agreement with NDOR for US Highway 30 Improvements from the Southwest City Limits Extending Near Johnstown Road Item #’s:G-15 Presenter(s):John Collins PE , Public Works Director Background The Nebraska Department of Roads (NDOR) is preparing plans for improvements to US Highway 30 from Wood River to Grand Island. This project includes the section of US Highway 30 from the southwest city limits to the divided section of highway near Johnstown Road. All agreements must be approved by the City Council. Discussion The improvements to US Highway 30 consist of the following: Asphalt repair; and Milling and resurfacing the existing roadway The City of Grand Island will be responsible for the following for the section located within Corporate Limits, as stated in the program agreement: Passing & enforcing an ordinance as required for No Parking zones within the city limits of the project; and Prohibiting all business establishments being located in such a way that vehicles being served will be required to stand on said public right-of-way; and All future entrances from private property to the public right-of-way within the limits of this project will receive prior approval of the Director-State Engineer, Department of Roads, or their authorized representative; and Clearing, at no cost to the State, the present right-of-way of this project of all advertising signs, as well as any other privately owned facility or thing that may interfere with construction, maintenance and operation of the improvement Grand Island Council Session - 9/24/2013 Page 227 / 327 planned in this project, and to keep the old and new right-of-way free of future encroachments, except those authorized by permit from the City and approved by the State and Federal Highway Administration. This project is to be constructed without cost to the City of Grand Island, except as provided specifically within such agreement. The agreement is attached for further review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Grand Island Council Session - 9/24/2013 Page 228 / 327 Grand Island Council Session - 9/24/2013 Page 229 / 327 Grand Island Council Session - 9/24/2013 Page 230 / 327 Grand Island Council Session - 9/24/2013 Page 231 / 327 Grand Island Council Session - 9/24/2013 Page 232 / 327 Grand Island Council Session - 9/24/2013 Page 233 / 327 Grand Island Council Session - 9/24/2013 Page 234 / 327 Grand Island Council Session - 9/24/2013 Page 235 / 327 Grand Island Council Session - 9/24/2013 Page 236 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-320 WHEREAS, the Nebraska Department of Roads is improving US Highway 30 extending from the southwest city limits to the divided section of highway near Johnstown Road; and WHEREAS, such improvements shall consist of asphalt repair, and milling and resurfacing the existing roadway; and WHEREAS, this project is to be constructed without cost to the City of Grand Island, except as provided specifically within such agreement; and WHEREAS, an agreement with the Nebraska Department of Roads is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Nebraska Department of Roads for the improvement to US Highway 30 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 237 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-16 #2013-321 - Approving Acquisition of Public Utility Easement in Sterling Estates Second Subdivision (TS12, LLC) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 238 / 327 PUBLIC UTILITY EASEMENT TS12, LLC, a Nebraska Limited Liability Company, herein called the Grantor, in consideration of ONE DOLLAR ($1.00) and other consideration, receipt of which is hereby acknowledged, hereby grant and convey unto the CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation in Hall County, State of Nebraska, herein called the Grantee, a permanent and perpetual easement to construct, operate, maintain, extend, repair, replace, and remove public utilities, including but not limited to surface markers, and other appurtenances, upon, over, along, across, in, underneath and through a tract of land within Sterling Estates Second Subdivision, City of Grand Island, Hall County, Nebraska, more particularly described as follows: A utility easement located in Lot 1 of Sterling Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of S00°59’26”W along the west line of said lot 1 a distance of 157.00 feet to the point of intersection of said west line and the south line of an existing 30 foot ingress/egress and utility easement located in said lot 1; thence S89°00’34”E along said south line a distance of 82.00 feet to the point of intersection of said south line and the east line of an existing 37 foot utility easement located in said Lot 1, said point also being the point of beginning; thence continuing - 1 - • THIS SPACE RESERVED FOR REGISTER OF DEEDS • Grand Island Council Session - 9/24/2013 Page 239 / 327 S89°00’34”E along said south line a distance of 8.00 feet; thence S00°59’26”W a distance of 100.00 feet to a point on the north line of an existing 20 foot utility easement located in said Lot 1; thence N89°00’34”W along said north line a distance of 8.00 feet to the point of intersection of said north line and the east line of an existing 37 foot utility easement located in said Lot 1; thence N00°59’26”E along said east line a distance of 100.00 feet to the point of beginning. Said utility easement contains 800.00 square feet more or less. A utility easement located in Lot 1 of Sterling Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of S00°59’26”W along the west line of said lot 1 a distance of 277.00 feet; thence S89°00’34”E a distance of 82.00 feet to the point of intersection of the east line of and existing 37 foot utility easement located in said Lot 1 and the south line of an existing 20 foot utility easement located in said Lot 1, said point also being the point of beginning; thence continuing S89°00’34”E along said south line a distance of 8.00 feet; thence S00°59’26”W a distance of 173.00 feet to a point on the north line of an existing 30 foot utility easement located in said lot 1; thence N89°00’34”W along said north line a distance of 8.00 feet to the point of intersection of said north line and the east line of an existing 37 foot utility easement located in said Lot 1; thence N00°59’26”E along said east line a distance of 173.00 feet to the point of beginning. Said utility easement contains 1384.00 square feet more or less. A utility easement located in Lot 1 of Sterling Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of S00°59’26”W along the west line of said lot 1 a distance of 480.00 feet; thence S89°00’34”E a distance of 82.00 feet to the point of intersection of the east line of an existing 37 foot utility easement located in said Lot 1 and the south line of an existing 30 foot utility easement located in said Lot 1, said point also being the point of beginning; thence continuing S89°00’34”E along said south line a distance of 8.00 feet; thence S00°59’26”W a distance of 114.00 feet to a point on the north line of and existing 15 foot drainage and utility easement located in said Lot 1; thence N89°00’34”W along said north line a distance of 8.00 feet to the point of intersection of said north line and the east line of an existing 37 foot utility easement located in said Lot 1; thence N00°59’26”E along said east line a distance of 114.00 feet to the point of beginning. Said utility easement contains 912.00 square feet more or less. Together with the following rights, namely, unrestricted ingress and egress under, over, and across such land for the purpose of exercising the rights herein granted, to excavate and refill ditches and trenches, and the right to clear and keep clear of structures that might interfere with the location, trees, roots, brush, hedges, undergrowth, and other obstructions from the surface of such tracts interfering with the location, construction, inspection, repair, replacement, removal, and maintenance of such public utilities. Any such utility and appurtenances placed upon, over, and under such tracts of land shall remain the property of the Grantee and may be removed or - 2 - Grand Island Council Session - 9/24/2013 Page 240 / 327 replaced at any time. The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby covenant that no buildings, fences, or structures shall be erected or permitted within the easement area and that the easement herein granted shall run with the title to such tract of land and be binding upon the Grantors, their successors and assigns. DATED: ________________, 2013 GRANTOR: TS12, LLC A Nebraska Limited Liability Company BY______________________________ Jerry Slusky, Member Manager STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On this day of ________________, 2013 before me, the undersigned, a Notary Public in and for said County and State, personally appeared JERRY SLUSKY, MEMBER MANAGER, to me known to be the identical persons who signed the foregoing Public Utility Easement and acknowledge the execution thereof to be their voluntary act and deed as such officer on behalf of said company for the purpose therein expressed. WITNESS my hand and Notarial Seal the date above written. _______________________________________ Notary Public - 3 - Grand Island Council Session - 9/24/2013 Page 241 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-321 WHEREAS, public utility easements are required by the City of Grand Island, from TS12, LLC in Sterling Estates Second Subdivision, Hall County, Nebraska and more particularly described as follows: A utility easement located in Lot 1 of Sterling Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of S00°59’26”W along the west line of said lot 1 a distance of 157.00 feet to the point of intersection of said west line and the south line of an existing 30 foot ingress/egress and utility easement located in said lot 1; thence S89°00’34”E along said south line a distance of 82.00 feet to the point of intersection of said south line and the east line of an existing 37 foot utility easement located in said Lot 1, said point also being the point of beginning; thence continuing S89°00’34”E along said south line a distance of 8.00 feet; thence S00°59’26”W a distance of 100.00 feet to a point on the north line of an existing 20 foot utility easement located in said Lot 1; thence N89°00’34”W along said north line a distance of 8.00 feet to the point of intersection of said north line and the east line of an existing 37 foot utility easement located in said Lot 1; thence N00°59’26”E along said east line a distance of 100.00 feet to the point of beginning. Said utility easement contains 800.00 square feet more or less. A utility easement located in Lot 1 of Sterling Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of S00°59’26”W along the west line of said lot 1 a distance of 277.00 feet; thence S89°00’34”E a distance of 82.00 feet to the point of intersection of the east line of and existing 37 foot utility easement located in said Lot 1 and the south line of an existing 20 foot utility easement located in said Lot 1, said point also being the point of beginning; thence continuing S89°00’34”E along said south line a distance of 8.00 feet; thence S00°59’26”W a distance of 173.00 feet to a point on the north line of an existing 30 foot utility easement located in said lot 1; thence N89°00’34”W along said north line a distance of 8.00 feet to the point of intersection of said north line and the east line of an existing 37 foot utility easement located in said Lot 1; thence N00°59’26”E along said east line a distance of 173.00 feet to the point of beginning. Said utility easement contains 1384.00 square feet more or less. A utility easement located in Lot 1 of Sterling Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of S00°59’26”W along the west line of said lot 1 a distance of 480.00 feet; thence S89°00’34”E a distance of 82.00 feet to the point of intersection of the east line of an existing 37 foot utility easement located in said Lot 1 and the south line of an existing 30 foot utility easement located in said Lot 1, said point also being the point of beginning; thence continuing S89°00’34”E along said south line a distance of 8.00 feet; thence S00°59’26”W a distance of 114.00 feet to a point on the north line of and existing 15 foot drainage and utility easement located in said Lot 1; Grand Island Council Session - 9/24/2013 Page 242 / 327 - 2 - thence N89°00’34”W along said north line a distance of 8.00 feet to the point of intersection of said north line and the east line of an existing 37 foot utility easement located in said Lot 1; thence N00°59’26”E along said east line a distance of 114.00 feet to the point of beginning. Said utility easement contains 912.00 square feet more or less. WHEREAS, an Agreement for the public utility easements has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public utility easements on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 243 / 327 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R EASEMENT DEDICATION Grand Island Council Session - 9/24/2013 Page 244 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-17 #2013-322 - Approving Comprehensive Revitalization Supplemental Community Development Block Grant Application This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Marco Floreani Grand Island Council Session - 9/24/2013 Page 245 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-322 WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local government authorized to receive Community Development Block Grant (CDBG) funds through the Nebraska Department of Economic Development; and WHEREAS, the Nebraska Department of Economic Development is currently accepting applications for community revitalization supplemental grant funds; and WHEREAS, a grant application has been prepared to request funding Comprehensive Revitalization activities that include infrastructure repairs in the Comprehensive Revitalization Study Areas; and WHEREAS a $300,000 grant is being requested to fund such programs and administrative costs; and WHEREAS, the required 1:2 match will be provided by the City; and WHEREAS, the public hearing was held on September 24, 2013, offers the public opportunity to make such comments to the City Council; and WHEREAS, a public hearing notice was published in The Independent on September 19, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to apply for assistance from the Nebraska Department of Economic Development for the purpose of funding eligible Community Development Block Grant activities; and The Mayor is hereby authorized and directed to execute such grant applications and other documentation on behalf of the City of Grand Island for such grant process. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 246 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item G-18 #2013-323 - Approving Change Order No. 1 for Stolley Park Restroom Installation Staff Contact: Todd McCoy Grand Island Council Session - 9/24/2013 Page 247 / 327 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 24, 2013 Subject:Approve Change Order No. 1 to Nelson Contracting of Grand Island, Nebraska for the Construction of a New Restroom at Stolley Park Item #’s:G-18 Presenter(s):Todd McCoy, Parks and Recreation Director Background On August 13, 2013 City Council approved, by Resolution 2013-267, the bid award to Nelson Contracting to build a new restroom at Stolley Park in the amount of $105,800. The old restroom was undersized and contained decaying wood walls. The new restroom building at Stolley Park will be a modern concrete block facility. Discussion An ADA design oversight was discovered during the construction of the new restroom. It was determined that a handicap accessible drinking fountain is required for the new facility. The handicap drinking fountain was not indicated in the original design, therefore was not included in the construction bid. Staff recommends adding a handicap accessible drinking fountain for an additional price of $1,557. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 9/24/2013 Page 248 / 327 Recommendation City Administration recommends that the City Council approve Stolley Restroom Construction Change Order No. 1 in the amount of $1,557. Doing so will increase the total amount of the contract with Nelson Contracting to $107,357. Sample Motion Move to approve Change Order No. 1 to Nelson Contracting of Grand Island, Nebraska for the construction of a new Stolley restroom facility. Grand Island Council Session - 9/24/2013 Page 249 / 327 Grand Island Council Session - 9/24/2013 Page 250 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-323 WHEREAS, on August 13, 2013 by Resolution 2013-267, the City Council of the City of Grand Island awarded Nelson Contracting from Grand Island, Nebraska, the bid in the amount of $105,800, for the construction of a new restroom in Stolley Park; and WHEREAS, an ADA design oversight was discovered during the construction process and it has been determined that a handicap accessible drinking fountain is required for the new restroom; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $1,557 for a revised contract price of $107,357. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and Nelson Contracting from Grand Island, Nebraska to provide the modifications set out as follows: Installation of a handicap accessible drinking fountain…………..………………………..$1,557 - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 251 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item I-1 #2013-324 - Consideration of Request from Nebraska CVS Pharmacy LLC, dba CVS/Pharmacy 10243, 1710 West 2nd Street for a Class “C” Liquor License and Liquor Manager Designation for Dale ZurKammer, 18601 Chandler Street, Omaha, NE This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 9/24/2013 Page 252 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-324 WHEREAS, an application was filed by Nebraska CVS Pharmacy LLC doing business as CVS/Pharmacy 10243, 1710 West 2nd Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on August 14, 2013; such publication cost being $16.77; and WHEREAS, a public hearing was held on September 24, 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 Dale ZurKammer, 18601 Chandler Street, Omaha, NE as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 253 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item I-2 #2013-325 - Consideration of Approving Bid Award for Construction of Electrical Substation "J" on Wildwood Road at Blaine Street Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/24/2013 Page 254 / 327 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:September 24, 2013 Subject:Approving Bid Award – Construction of Substation “J” Item #’s:I-2 Presenter(s):Timothy Luchsinger, Utilities Director Background On January 8, 2008, a presentation was made during a Council meeting summarizing the results of a detailed electrical transmission study by Advantage Engineering. Several recommendations resulted from that study, which included the new 115 kV transmission line to the northwest of the City and a new substation to help power the southwest area of the City near the Highway 281 corridor and the Platte Valley Industrial Park. The transmission line to NPPD’s St. Libory substation was completed in 2012. A site for the new Substation “J” was chosen at the intersection of Blaine Street and Wildwood Drive on existing City property at the Platte Generating Station. This location will provide the projected future electric supply capacity to this area. A contract for two large transformers was approved previously and they have been delivered to the site. Discussion Bids were received by the City on September 11, 2013 for the contract labor and materials for the construction of Substation “J”. The five bids received were: Bidder Bid Price IES Commercial, Inc.$2,472,834.38 Holdrege, NE Watts Electric Company $2,723,202.35 Waverly, NE Addison Construction Company $2,765,431.00 Cheyenne, WY National Conductor Constructors $3,067,109.00 Brainerd MN PowerSecure, Inc.$4,593,474.00 Midway, FL Grand Island Council Session - 9/24/2013 Page 255 / 327 IES Commercial’s bid contains no exceptions and meets all requirements. IES Commercial recently completed the new seven mile 115 kV transmission line to the northwest of the City and it was a positive experience. Calls to several references were positive as well. Based on a review of the bids received, the IES Commercial bid of $2,472,834.38 is recommended by the Department as the lowest, compliant bid. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Contract for Substation “J” construction with IES Commercial of Holdrege, Nebraska, in the amount of $2,472,834.38. Sample Motion Move to approve the contract for Substation “J” construction with IES Commercial in the amount of $2,472,834.38. Grand Island Council Session - 9/24/2013 Page 256 / 327 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 11, 2013 at 2:00 p.m. FOR:Substation J Construction 2013 – Contract #13-PCC-01 DEPARTMENT:Utilities ESTIMATE:$3,000,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:August 8, 2013 NO. POTENTIAL BIDDERS:5 SUMMARY Bidder:IES Commercial, Inc.Watts Electric Company Holdrege, NE Waverly, NE Bid Security:National Union Fire Ins. Co.Universal Surety Co. Exceptions:None None Bid Price:$2,472,834.38 $2,723,202.35 Bidder:Addison Construction Co.PowerSecure, Inc. Cheyenne, WY Midway, FL Bid Security:Cincinnati Ins. Co.Western Surety Co. Exceptions:None Noted Bid Price:$2,765,431.00 $4,593,474.00 Bidder:National Conductor Constructors Brainerd, MN Bid Security:Hartford Fire Ins. Co. Exceptions:Noted Bid Price:$3,067,109.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Grand Island Council Session - 9/24/2013 Page 257 / 327 Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Travis Burdett, Assist. Utilities Director P1669 Grand Island Council Session - 9/24/2013 Page 258 / 327 Page 1F CONTRACT AGREEMENT THIS AGREEMENT made and entered into by and between __________________________________________ hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for construction of SUBSTATION J CONSTRUCTION 2013; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, or themselves, and its, or their successors, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached General Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of ____________________________________________________________________________ Dollars $ __________________________________________________ for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of SUBSTATION J CONSTRUCTION 2013. ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required bonds and insurance are approved, and that the Contractor shall complete the work on or before September 1, 2014. It is understood and agreed that time is the essence of the contract. Grand Island Council Session - 9/24/2013 Page 259 / 327 Page 2F CONTRACT AGREEMENT (Continued) ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement. Contractor _____________________________ By _____________________________________ Date _______________________ Title __________________________________ CITY OF GRAND ISLAND, NEBRASKA, By ____________________________________ Date _______________________ Mayor Attest: ________________________________ City Clerk The contract, insurance, and any required bonds are in due form according to law and are hereby approved. ________________________________________ Date ________________________ Attorney for the City Grand Island Council Session - 9/24/2013 Page 260 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-325 WHEREAS, the City of Grand Island invited sealed bids for construction of Electrical Substation “J” on Wildwood Road at Blaine Street, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 11, 2013, bids were received, opened and reviewed; and WHEREAS, IES Commercial, Inc., of Holdrege, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $2,472,834.38; and WHEREAS, the bid of IES Commercial is less than the estimate for the Construction of Electrical Substation “J”. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of IES Commercial, in the amount of $2,472,834.38, for construction of Substation “J”, is hereby approved as the lowest responsible bid, and that the Mayor is hereby authorized to, on behalf of the City, execute the Contract between the City of Grand Island and IES Commercial. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 261 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item I-3 #2013-326 - Consideration of Approving Bid Award for Utility Management Software Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/24/2013 Page 262 / 327 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant, City Attorney Meeting:September 24, 2013 Subject:Utility Management Software Item #’s:I-3 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department utilizes an accounting program on the AS400 computer for detailed accounting of its operations. This program was developed by City information technology staff in the 1980s and allows for cost tracking on work activities, based on Federal Electric Regulatory Commission (FERC) account codes that are mandated for public utilities. The Department also utilizes third party software systems for purchase orders, inventory, and for scheduling some work activities or preventive maintenance. None of these systems are integrated and, along with payroll and accounts payable, require that information be transferred or entered manually and/or multiple times. As the use of the AS400 computer is being phased out due to support issues, staff from the Utilities and Finance Departments developed a Request for Proposal to replace the above systems with an integrated system that would incorporate work and asset management, purchasing, and accounting for the Utilities Department, and also allow electronic transfer of information for payroll and accounts payable to the City’s MUNIS business accounting system. In addition to supplying the software system, the scope of the specifications included transfer of the information of the existing systems to the new system, and support services for both the new system integration and as required on an ongoing basis. Discussion The Request for Proposals was advertised in accordance with City procurement procedures and six proposals were received from the following software system providers. Grand Island Council Session - 9/24/2013 Page 263 / 327 Aquitas Solutions, Atlanta, GA Beehive Industries, Lincoln, NE Lucity, Overland Park, KS Mainsaver Software, San Diego, CA NAES, Issaquah, WA Tyler Technologies, Yarmouth, MA An evaluation team evaluated the proposals based on the specified criteria and selected three vendors for on-site presentations. The presentations were attended by a variety of staff including utilities management and operations, accounting, payroll, and information technology specialists. Based on feedback from those attending the presentations, the evaluation team ranked the three finalists and recommended that the proposal from Mainsaver Software be accepted for the Utilities Management System. The proposal from Mainsaver includes a detailed estimated activity pricing breakdown which will be billed at actual cost, for a not-to- exceed total price of $209,320. This not-to-exceed cost does not include travel expenses, which will also be billed at actual cost. The cost of the new software system and in-house implementation expenses will be funded by the Utilities Enterprise Funds. 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 Utilities Management System proposal from Mainsaver Software of San Diego, California, to be billed at actual cost, for a not-to-exceed total price of $209,320, not including travel expenses, which will be billed at actual cost. Sample Motion Move to approve the Utilities Management System proposal from Mainsaver Software of San Diego, California, to be billed at actual cost for a not-to-exceed total price of $209,320, not including travel expenses, which will be billed at actual cost. Grand Island Council Session - 9/24/2013 Page 264 / 327 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR UTILITIES MANAGEMENT SYSTEM RFP DUE DATE:May 22, 2013 at 4:15 p.m. DEPARTMENT:Utilities PUBLICATION DATE:April 12, 2013 NO. POTENTIAL BIDDERS:5 SUMMARY OF PROPOSALS RECEIVED Beehive Industries NAES Corporation Lincoln, NE Issaquah, WA Aquitas Solutions Mainsaver Software, Inc. Lakewood, CA El Dorado Hills, CA Lucity Tyler Technologies Overland Park, KS Yarmouth, ME cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. P1643 Grand Island Council Session - 9/24/2013 Page 265 / 327 Grand Island Council Session - 9/24/2013 Page 266 / 327 Grand Island Council Session - 9/24/2013 Page 267 / 327 Grand Island Council Session - 9/24/2013 Page 268 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-326 WHEREAS, the City of Grand Island invited Requests for Proposals for Utility Management System, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 22, 2013 proposals were received, opened and reviewed, and evaluated; and WHEREAS, Mainsaver Software, Inc., of San Diego, California submitted a bid in accordance with the terms of the Request for Proposals, and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $209,320.00; and WHEREAS, the proposal of Mainsaver Software, Inc., meets all of the requirements for the Utilities Department Management System. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Mainsaver Software, Inc., of San Diego, California, in the amount of $209,320.00, for the Utilities Management System, is hereby approved , and that the Mayor is authorized to sign the Contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 269 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item I-4 #2013-327 - Consideration of Approving Agreement for Natural Gas Supply to Burdick Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/24/2013 Page 270 / 327 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:September 24, 2013 Subject:Agreement for Natural Gas Supply to Burdick Station Item #’s:I-4 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department has traditionally solicited bids for natural gas for fuel for the six generating units at the Burdick Station. Since the early 1990s, the solicited bids were for a two year term based on the ability for the Department to schedule electric generation on a next day basis for either the City’s native load or for planned energy sales to other utilities, and nominate the appropriate natural gas as required. Beginning in 2014, the Department will be required to dispatch all of its generating units as determined by the regional electric system operator, Southwest Power Pool (SPP). SPP will require generating utilities to submit daily firm electric generation costs for all units based on projected fuel and operating costs. This process is relatively simple for base load units using coal as those fuel prices are stable, however, natural gas pricing is very dynamic and can change on an hourly basis, and the schedule dictated by SPP is not the same as that used by the established natural gas pricing indices. The electric generation costs to be determined by utilities will need to include multi-day bilateral sales between two utilities, day-ahead energy dispatches to SPP, and real-time energy requirements by SPP, all of which will require several daily discussions between the Department’s dispatch staff, our SPP power marketing consultant, Tenaska Power Services (TPS), and the natural gas supplier to determine projected natural gas costs and establish margins that maximize sales, while avoiding exposure to any loss because of unexpected costs. As the Department is entering a new operating environment, a Request for Proposal was drafted to solicit a natural gas supplier that could provide a consulting relationship with the Department and TPS in determining the power costs for the Burdick Station units, as well as provide natural gas, including transportation and pipeline transaction accounting functions. Grand Island Council Session - 9/24/2013 Page 271 / 327 Discussion The Request for Proposal for Natural Gas Supply Services was issued in accordance with City procurement procedures and the proposals were received from the following: Seminole Energy, Denver, CO Tenaska Marketing Ventures, Omaha, NE Seminole Energy has been the natural gas provider to the Department for the last four years. Tenaska Marketing Ventures manages gas transport operations for customers and is a separate business entity from our SPP marketing consultant, Tenaska Power Services, which is based in Fort Worth, Texas, and provides electric utility system management services. Department management staff reviewed the proposals and, based on the specified evaluation factors, recommend the agreement proposed by Tenaska Marketing Ventures for Natural Gas Supply Services be accepted. This agreement is for a nominal two year term, with provisions for an optional annual extension, or cancellation by either party. It includes a monthly management fee and standard industry terms for gas pricing. These agreements are confidential because of the competitive environment of the natural gas business. The Tenaska proposed agreements are furnished to Council under separate cover. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council authorize execution of the Tenaska Natural Gas Supply Agreement, NAESB Base Contract, and Special Provisions for providing Natural Gas Supply Services. Sample Motion Move to authorize execution of the Tenaska Natural Gas Supply Agreement, NAESB Base Contract, and Special Provisions for providing Natural Gas Supply Services. Grand Island Council Session - 9/24/2013 Page 272 / 327 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR NATURAL GAS SUPPLY SERVICES RFP DUE DATE:September 12, 2013 at 4:00 p.m. DEPARTMENT:Utilities PUBLICATION DATE:August 30, 2013 NO. POTENTIAL BIDDERS:3 SUMMARY OF PROPOSALS RECEIVED Seminole Energy Services Tenaska Marketing Ventures Holdrege, NE Omaha, NE cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. P1672 Grand Island Council Session - 9/24/2013 Page 273 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-327 WHEREAS, the City of Grand Island invited a Request for Proposal for Natural Gas Supply to Burdick Station Power Plant, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 12, 2013, proposals were received, opened and reviewed; and WHEREAS, it was stipulated that prices would not be publicly disclosed; and WHEREAS, Tenaska Marketing Ventures of Omaha, Nebraska submitted a proposal in accordance with the terms and requirements contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that an agreement between the City and Tenaska Marketing Ventures of Omaha, Nebraska, for the Natural Gas Supply Agreement is hereby approved, and the Mayor is hereby authorized and directed to execute the Contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 274 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item I-5 #2013-328 - Consideration of Approving Funding of Economic Development Request Staff Contact: Mary Lou Brown, City Administrator Grand Island Council Session - 9/24/2013 Page 275 / 327 Council Agenda Memo From:Mary Lou Brown, City Administrator Meeting:September 24, 2013 Subject:Approving Economic Development Funding Request Item #’s:I-5 Presenter(s):Mary Lou Brown, City Administrator Background On November 6, 2012, the voters of the City of Grand Island approved a new ten year Economic Development Program. The program is in conformance with Neb. Rev. Stat. 18-2710 and provides for annual funding of $750,000 by the City. Discussion A request has been received from the Grand Island Area Economic Development Corporation, duly approved by the Citizen’s Review Committee for payment of $350,000. Said funds to be used for community marketing, administration, occupancy, and office. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for funds. 2.Disapprove or Deny the request for funds. 3.Modify the Resolution to meet the wishes of the Council. 4.Table the issue. Recommendation City Administration recommends that the Council approve the request for funds. Sample Motion Move to approve the request for funds to allow payment of $350,000 to the Grand Island Area Economic Development Corporation. Grand Island Council Session - 9/24/2013 Page 276 / 327 Grand Island Council Session - 9/24/2013 Page 277 / 327 Grand Island Council Session - 9/24/2013 Page 278 / 327 Grand Island Council Session - 9/24/2013 Page 279 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-328 WHEREAS, on November 6, 2012, the voters of the City of Grand Island approved a new ten year Economic Development Program in conformity with Neb. Rev. Statute No. 18-2710; and WHEREAS, the program provides for $750,000 in annual funding to be provided by the City of Grand Island; and WHEREAS, a request has been made by the Grand Island Area Economic Development Corporation and the Economic Development Program’s Citizens’ Review Committee for the payment of $350,000 to be used for community marketing, administration, occupancy and office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is given to forward $350,000 in City funding to the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program in quarterly allocations of $87,500. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 280 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item I-6 #2013-329 - Consideration of Approving Central Nebraska Humane Society Contract Staff Contact: Stacy Nonhof, Assistant City Attorney Grand Island Council Session - 9/24/2013 Page 281 / 327 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:September 24, 2013 Subject:Animal Control Contract with the Central Nebraska Humane Society Item #’s:I-6 Presenter(s):Stacy R. Nonhof, Assistant City Attorney Background The City of Grand Island has a contract with the Central Nebraska Humane Society (CNHS) for providing Animal Control and Pet Licensing services for the City. This contract is set to expire at midnight on September 30, 2013. With the knowledge that the current contract is about to expire, the City advertised for proposals in May 2013. Only one proposal, from the Central Nebraska Humane Society, was received. Discussion Pursuant to City Code, the proposal of the Central Nebraska Humane Society was evaluated and contract negotiations were begun. City Administration and the CNHS have reached a mutual agreement. The CNHS will continue to provide Animal Control and Pet Licensing services for the City with no interruption of service. The new contract is for three years. The contract price is a flat fee of $360,000.00 per year for a total contract price of $1.8 million. The CNHS will continue to enforce City Code as it pertains to animals. The CNHS will continue to license pets, collect license fees from area veterinarians and remit the license fees to the City. Hours of operation and fees were updated to reflect actual needs and costs. The CNHS will provide annually a complete copy of their audit to the City for the City’s review. The City will designate a member of the Council to liaison with the CNHS Board of Directors in connection with the duties defined in the contract. Semi-annual meetings between the Executive Director of the CNHS and the City Administrator have been agreed to. Grand Island Council Session - 9/24/2013 Page 282 / 327 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Move to deny Recommendation City Administration recommends that the Council approve Resolution 2013-329 authorizing execution of the contract with the Central Nebraska Humane Society. Sample Motion Move to approve Resolution 2013-329 to authorize the Mayor to execute the contract with the Central Nebraska Humane Society. Grand Island Council Session - 9/24/2013 Page 283 / 327 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ANIMAL CONTROL SERVICES RFP DUE DATE:May 28, 2013 at 4:00 p.m. DEPARTMENT:Administration PUBLICATION DATE:April 24, 2013 NO. POTENTIAL BIDDERS:11 SUMMARY OF PROPOSALS RECEIVED Central Nebraska Humane Society Grand Island, NE cc:Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Nicki Stoltenberg, Admin. Assist. P1646 Grand Island Council Session - 9/24/2013 Page 284 / 327 1 AGREEMENT THIS AGREEMENT is made on this _____ day of ___________, 2013 by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as the “City” and the CENTRAL NEBRASKA HUMANE SOCIETY, INC., a Non-Profit Corporation, hereinafter referred to as the “CNHS”. ARTICLE I. STATEMENT OF PURPOSE This Agreement will set forth the terms and conditions under which the CNHS shall administer and enforce the ordinances of the City pertaining to animals in accordance with the party’s mutual objectives and principles. This Agreement will address the sheltering, care, and disposition of such animals. It is agreed that humane treatment of animals, protection of the public and compliance with the law are the primary objectives of enforcement. ARTICLE II. TERM OF AGREEMENT This Agreement shall take effect on October 1, 2013, upon its approval by the City Council and execution by the Mayor and shall continue in full force and effect for thirty- six (36) months through September 30, 2016. It is specifically agreed and understood that either party shall have the right to terminate this Agreement at any time by giving the other party sixty (60) days written notice in advance of the termination date. ARTICLE III. CNHS DUTIES In the performance of this Agreement, the CNHS shall have the following duties: A) The CNHS shall furnish, maintain and operate an animal control shelter with equipment, supplies and facilities to be utilized in connection with the CNHS’s Grand Island Council Session - 9/24/2013 Page 285 / 327 2 performance of this Agreement. The CNHS shall respond and investigate complaints of violations of Chapter 5 of the Grand Island City Code (hereinafter referred to as “the Code”) in a professional and efficient manner and shall endeavor to educate citizens regarding the City’s Animal Ordinance, the humane treatment of animals, and the reasons for the applicable policies and actions in the course of daily contact with the public. B) Animal Control shall remain open during all normal business hours of the CNHS which are hereby defined as Monday through Friday from 10:00 a.m. to 6:00 p.m., Saturday from 10:00 a.m. to 5:00 p.m. and Sunday from 1:00 p.m. to 5:00 p.m. excluding the following holidays as observed by the City of Grand Island: 1) New Year’s Day – January 1 2) Memorial Day – Last Monday in May 3) Independence Day – July 4 4) Labor Day – First Monday in September 5) Veteran’s Day – November 11 6) Thanksgiving Day – Fourth Thursday in November 7) Day after Thanksgiving Day 8) Christmas Day – December 25 For those holidays which shall fall on a weekend, the Animal Control shall also be closed on the day of observation by the City as well as the holiday itself. Due to lack of business at the CNHS, Animal Control shall be closed on the following two (2) holidays not observed by the City of Grand Island: Easter Sunday and Mother’s Day. C) The CNHS shall maintain its business telephone and records at the animal control shelter and shall provide all services in the ordinary course of business in a courteous and efficient manner. D) The CNHS shall employ at least three (3) full time officers and such additional personnel as is necessary to fulfill the requirements of this contract and two (2) vehicles for the purpose of staffing the animal control shelter and providing services in the Grand Island Council Session - 9/24/2013 Page 286 / 327 3 administration and enforcement of the Code pertaining to animals within the city limits of Grand Island. At least one (1) Animal Control Officer shall be on duty during all business hours of the CNHS. Animal Control Officer hours shall be from Monday through Friday from 7:30 a.m. until 6:00 p.m., and on Saturday and Sunday from 7:30 a.m. to 5:00 p.m. An Animal Control Officer shall be on-call for Priority One calls at all times that the Animal Control Officer is not regularly scheduled. Priority One calls are detailed in Exhibit “A” to this Contract. The name and telephone number of said on-call Animal Control Officers shall be maintained with the Communication Center. The CNHS will notify the City of any changes of scheduled Animal Control Officer hours at least ten (10) days prior to any change. No reduction in the number of scheduled hours will be made without the consent of the City. E) The CNHS will provide employees and equipment on standby for emergency services such as bite cases, ill/injured animal cases, dangerous or vicious animals as defined by the Code, picking up and transporting animals that have been confined, and bite/rabies investigation. F) Animal Control Officers shall investigate during normal business hours complaints concerning violations of the Code and shall take such steps as are necessary to administer and enforce said ordinances. G) During business hours, the CNHS shall collect and dispose of all deceased animals except domestic livestock found upon City streets, alleys, avenues or other property owned by or controlled by the City weighing seventy-five (75) pounds or less. The CNHS will coordinate with the City’s Public Works Department, specifically the Streets Grand Island Council Session - 9/24/2013 Page 287 / 327 4 Division, for the removal of deceased animals larger than seventy-five (75) pounds or the CNHS equipment capacity. H) During regular business hours, the CNHS shall collect and remove domestic animals and other animals found running at large within the corporate limits of the City and, at the discretion of the Animal Control Officer, return such animals to their owners, issue a citation or impound and care for such animals in a humane manner. I) The CNHS, or their designees, shall collect all fees for pet licenses and issue annual pet licenses at the CNHS pursuant to the Code or as they may be able to arrange, and shall maintain animal records and pay the expenses in connection with said licensing. The CNHS shall remit quarterly to the City the $1.00 State pet license fee. The CNHS shall remit quarterly all pet license fees collected. The CNHS shall keep $5.00 per license issued by the CNHS. The designee(s) of the CNHS shall keep $5.00 of each pet license sold by them, with the CNHS remitting the remainder of the fee collected from the designee(s) to the City. J) The CNHS shall provide to the City a copy of all licenses issued by the CNHS or their designees. Copies of pet licenses will be delivered to the City Attorney, or their designee, monthly. Upon reasonable advance notice, the City may audit the records of CNHS regarding animal control and pet licensing. K) The CNHS shall retain all fees collected from the impounding, boarding, observation, adoption, redemption or sale of animals found within the corporate limits of the City. Animals held by the CNHS, in its capacity of Animal Control, at the direction of the City for a period in excess of twenty (20) calendar days, shall incur a fee of $20.00 per day per animal, which the CNHS shall bill monthly to the City, and the City shall Grand Island Council Session - 9/24/2013 Page 288 / 327 5 remit payment therefore within thirty (30) days after legal proceedings have been concluded, or surrender of the animal(s) occurs. It is agreed that this fee will not apply to instances where an animal is being held for rabies observation. L) The CNHS shall provide adoption services pursuant to its published policies, procedures and mission statement, and in compliance with any applicable holding requirement contained within the Code. M) Animal Control Officers shall be empowered to issue warning citations in connection with the performance of their duties and refer complaints and requests for prosecution for violations of the Code to the City Attorney, or their designee. N) The CNHS shall maintain written policies and procedures with respect to its performance of this Agreement, a current copy of which shall be maintained on file with the City Clerk. A current set of written policies and procedures is attached hereto as Exhibit “B” and made a part hereof by reference. All future amendments to the written policies and procedures shall be submitted to the Grand Island City Administrator for his/her comment and input at least thirty (30) days prior to implementation except in instances of an emergency. O) The CNHS shall maintain a published list of charges for all of its services and products; a current copy of which shall be maintained with the City Clerk. A current copy of charges for services and products is attached hereto as Exhibit “C” and made a part hereof by reference. All future amendments to the list of charges shall be submitted to the City Administrator for his/her comment and recommendations at least thirty (30) days prior to their institution except in instances of an emergency. Grand Island Council Session - 9/24/2013 Page 289 / 327 6 P) The CNHS shall collect all fees in connection with its performance of this Agreement, and maintain complete financial records concerning its receipts and expenditures in connection with the performance of this Agreement and shall provide copies of current financial statements pertaining to Animal Control and pet licensing to the City upon request. Upon request, the CNHS will make all of their financial records concerning the performance of this Agreement available to the City for review or audit. Q) The CNHS shall file a quarterly activity report with the City Administrator concerning its activity in connection with its performance of this Agreement. Specific requirements for the quarterly report are set forth in Exhibit “D”. The CNHS will each year, during the month of May, prepare an annual report and then present that report to the Grand Island City Council at the discretion of City Administration. R) The CNHS and the City shall maintain for a period of two (2) years, written records of citizen complaints of a significant nature relating to animals and the operations of Animal Control within the corporate limits of the City. Copies of complaints shall be sent to the City Administrator when received at the CNHS. Complaints received by the City will be reviewed by the City Administrator and brought to the attention of the CNHS when deemed appropriate. S) The CNHS shall impound all animals which have bitten or are suspected of biting any person for the number of days required by the Code and State Statutes in order that such animal may be observed for rabies. The CNHS shall report all bites to the Central District Health Department within five (5) days and shall file copies of any medical reports it receives in connection with suspected bites with the said department. The Grand Island Council Session - 9/24/2013 Page 290 / 327 7 Central District Health Department shall be the ultimate responsible agency for rabies control. T) The CNHS shall purchase and maintain during the term of this Agreement, or its renewals, insurance providing the following coverage and shall file certificates of insurance with the City Clerk: (1) Employee’s liability and Workmen’s Compensation Insurance if required by laws of the State of Nebraska. (2) Automobile public liability and property damage insurance with minimum limits of $1,000,000 single limit. (3) Public liability insurance, including premises insurance for the animal shelter, with minimum limits of $1,000,000 single limit and the City shall be listed as an additional named insured. Said certificates of insurance shall state that thirty (30) days written notice shall be given to the City before any policy covered thereby is changed or canceled. U) The CNHS agrees to refrain from performing the function of animal control or performing the duties set forth in this Agreement for any other jurisdiction or political subdivision until such time as the CNHS has written agreements with such other entity. The CNHS shall maintain on file with the Grand Island City Clerk current copies of its written Agreements with other jurisdictions or political subdivisions. V) The CNHS shall annually deliver to the City a complete copy of the annual audit/financial review of the CNHS. The CNHS shall deliver this to the City within thirty (30) days of completion and receipt by the CNHS. ARTICLE IV. DUTIES OF CITY Grand Island Council Session - 9/24/2013 Page 291 / 327 8 In the performance of this Agreement, the City shall have the following duties: A) The City shall cooperate with the CNHS whenever necessary to aid in the enforcement and administration of the Code. The City shall designate a member of the Grand Island City Council to liaison with the Board of Directors of the CNHS in connection with the duties of this contract. B) The Communication Center will receive telephone calls concerning violations of the Code at all times. The Animal Control Officer will only respond to after-hours calls if they are defined as Priority One calls. The term Priority One calls is further defined on Exhibit “A”. C) During the term of this Agreement, the City shall pay to the CNHS the amounts authorized by the Mayor and City Council as shown in its adopted budgeted statements and annual appropriation ordinances. The total yearly contract price for the duration of this contract is $360,000.00 that will be paid annually in twelve (12) equal monthly installments of $30,000.00 beginning in October 2013 and continuing through September 30, 2016. D) The City shall inform the CNHS of any revisions or amendments to the Code. E) During the period that this Agreement is in effect, the City and the CNHS shall conduct meetings a minimum of two (2) times per year for the purpose of reviewing the performance of the CNHS in connection with the Agreement. For the purposes of such meetings, the representatives shall be the Executive Director of the CNHS (or his/her designee) and the City Administrator (or his/her designee). The meetings will be set at the discretion of the City. Grand Island Council Session - 9/24/2013 Page 292 / 327 9 F) The annual pet license fees shall be approved by the City Council. All other fees and charges in connection with the performance of this Agreement shall be established by the City subject to comment and input by the CNHS as set forth herein except in instances of an emergency. ARTICLE V. CHOICE OF LAWS This Agreement shall be construed to be in accordance with the Grand Island City Code and the laws of the State of Nebraska. ARTICLE VI. INDEMNIFICATION The CNHS will indemnify and hold harmless the City from all demands, claims, causes of action or judgments, and from all expenses that may be incurred in investigating or resisting the same, arising from, or growing out of, any act or neglect of the CNHS, its contractors, agents or servants in connection with the operation of the shelter or in the performance of related duties. ARTICLE VII. ASSIGNMENT The CNHS shall not assign its rights under this Agreement without the express prior written consent of the City. ARTICLE VIII. INDEPENDENCE OF THE CNHS During the term of this agreement, the CNHS, its officers, employees, agents, and volunteers, shall act in an independent capacity and not as officers, employees, or volunteers of the City. ARTICLE IX. EQUAL EMPLOYMENT AND NON-DISCRIMINATION The CNHS is an Equal Opportunity Employer. It is the intent of the CNHS to provide equal employment opportunity in its employment practices for all persons and will not Grand Island Council Session - 9/24/2013 Page 293 / 327 10 discriminate on the basis of race, color religion, sex, sexual orientation, age or national origin, or against any qualified handicapped/disable individual ARTICLE X. AGREEMENT This Agreement constitutes the entire agreement between the CNHS and the City notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. CITY OF GRAND ISLAND, NEBRASKA, By: _______________________ Jay Vavricek, Mayor Date Attest: RaNae Edwards, City Clerk The agreement is in due form according to law and is hereby approved. _______________________ Stacy R. Nonhof, Asst. City Attorney Date CENTRAL NEBRASKA HUMANE SOCIETY, INC., A Non-Profit Corporation By: ________________________________________ ______________________ Date Grand Island Council Session - 9/24/2013 Page 294 / 327 11 Attest: ______________________________________ APPROVED IN FORM CENTRAL DISTRICT HEALTH DEPARTMENT By: ________________________________________ ______________________ Date Attest: ______________________________________ Approved by Resolution 2013-_____________ Grand Island Council Session - 9/24/2013 Page 295 / 327 12 EXHIBIT A PRIORITY ONE CALLS – RESPONSE IS 24/7 AGENCY ASSISTANCE: A request for police, sheriff, state patrol, fire or health department, etc. - Dispatch Action and Information Needed: From the agency requesting Animal Control will respond to ALL calls at ALL times. 1. Name of department requesting assistance 2. Type of assistance required 3. Address where assistance required 4. Name of contact at site 5. Other pertinent information for animal control officer, i.e., hazardous material, specific equipment needed, warrant, etc. - Call Animal Control Officer’s work cell phone first – names and phone numbers to be provided to GIEC BITES: Labeled Priority One for Animal Control to ensure the public’s safety and health. Please Note: Medical attention is very important – washing the injury can limit the infection potential. Required medical attention is contacting a family physician. Minor wounds should be washed with soap and water for five (5) minutes. - Dispatch Action: Animal Control Officers will respond to ALL bite calls at ALL times. - Information Needed: 1. Did the bite break the skin? 2. Date and time of the bite. 3. Is immediate medical attention needed? 4. Location of the victim. 5. Availability of transportation if needed. 6. Location and description of the animal. 7. Is the animal confined? 8. Name and address of person making the call. 9. Name and address of animal owner. - Directions to be given to caller: 1. If transportation of the victim is required – call ambulance as animal control officer can NOT transport the victim. 2. If medical attention is required – contact their family physician. For minor wounds – wash with soap and water for five (5) minutes. 3. Animal control officer will make contact upon arrival with victim and witnesses. Grand Island Council Session - 9/24/2013 Page 296 / 327 13 CRUELTY: Generally refers to animals that are beaten, tortured, burned, mutilated or killed. Do not try to move the animal unless necessary. BE CAREFUL NOT TO BE BITTEN. If injury is caused by illegal action, i.e., shooting, trapping, poisoning or fighting, have the witnesses remain at the scene or get names and addresses of witnesses. - Dispatch Action: Animal control officer will respond to ALL calls at ALL times. - Information Needed: 1. Is the animal in immediate danger? 2. Description of the animal. 3. Location of the animal. 4. Name and address of owner, if known. 5. Name and address of abuser, if known. 6. Type of cruelty, i.e., beaten, tortured, burned, mutilated or killed. 7. Name, address and phone number of caller. 8. Name, address and phone number of witnesses. - Call Animal Control Officers work cell phone first – names and phone numbers to be provided to GIEC. INJURED ANIMAL: All animals can bite when in pain – do not try to move the animal unless necessary. BE CAREFUL NOT TO BE BITTEN. If the caller is the owner of the injured animal, have them call their veterinarian. Animal control officers SHOULD NOT transport the animal. IF transportation is requested (911 please do not suggest this) and only if necessary, the animal control officer will transport for a $25.00 fee. If the injury is caused by illegal action, i.e., shooting, trapping, poisoning, or fighting, have the witnesses remain at the scene or get names and addresses of witnesses. - Dispatch Action: Animal control will respond to ALL injured animal calls at ALL times, including some types of wildlife. - Information Needed: 1. Location of animal. 2. Type and description of animal. 3. Name and address of owner. 4. Cause and extent of the injury (if illegal action cause injury, notify police, sheriff or state patrol). 5. Is the animal suffering? 6. Is the animal causing a traffic problem (if so, notify police, sheriff or state patrol)? 7. Name and address of caller. 8. Name and address of witnesses. - Directions to be given to Caller: DO NOT try to move the animal unless absolutely necessary. Be careful not to be bitten. Grand Island Council Session - 9/24/2013 Page 297 / 327 14 - Call Animal Control Officers work cell phone first – names and phone numbers to be provided to GIEC. POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS: POTENTIALLY DANGEROUS is defined as any animal that when provoked; 1) inflicts a non-sever injury on a human or injures a domestic animal either on public or private property, 2) chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack or 3) a specific dog with known propensity, tendency or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals. DANGEROUS is defined as any animal that, according to the records of the CNHS; 1) has killed or inflicted severe injury on a human being on public or private property; 2) has killed a domestic animal without provocation while the animal was off the owner’s property; or 3) has been previously determined to be a potentially dangerous animal by an animal control officer and the owner has received notice of such determination and such animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals. A dog shall not be defined as a dangerous dog if the threat, any injury that is not a severe injury or the damage was sustained by a person who at the time, was committing an willful trespass or any other tort upon the property of the owner of the dog, who was tormenting, abusing or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused or assaulted the dog, or who was committing or attempting to commit a crime. - Dispatch Action: Animal control officer will respond to these calls at ALL times. - Information Needed: 1. Location of animal. 2. Description of animal. 3. Is the animal confined? 4. When and where was the animal last seen? 5. Name and address of owner – if known. 6. Reason the caller is suspicious of the animal. 7. Name, address and phone number of the caller. 8. Is the animal on the “Declared List” maintained by the CNHS? - Directions to give to the caller: 1. Stay away from the animal. 2. Animal control officer will be responding and will need to speak with them. RABIES (BAT/SKUNKS ONLY) REMOVAL: Rabies is a viral disease that can infect all mammals. Once rabies develops it is almost always fatal. The rabies virus is transmitted through the saliva of an infected animal, usually during a bite. PLEASE Grand Island Council Session - 9/24/2013 Page 298 / 327 15 NOTE: Not all animals “foaming at the mouth” have rabies. This is more often a sign of heat stress, running for a long time, having eaten something and vomiting or distemper. Signs of rabies include unusual or abnormal behavior for that animal, i.e., out during daylight hours, not running/avoiding humans. - Dispatch Action: Animal control will respond to ALL rabies calls at ALL times. These calls will usually be bites, bat removal (dead or alive) and skunk removal (dead or alive). - Information Needed: 1. Why the caller feels the animal is rabid. 2. Location of the suspected rabid animal. 3. Has the animal come into contact with a human or other animal? 4. Name, address and phone number of the caller. - Directions to be given to the caller: 1. Bats – if inside the residence animal control will respond. 2. Skunks – caller must maintain a visual of the animal at all times. 3. Avoid physical contact with the animal. 4. Animal control officer will be responding and will need to speak with them. 5. All medical questions are to be referred to their doctor. - Call Animal Control Officers work cell phone first – names and phone numbers to be provided to GIEC. Grand Island Council Session - 9/24/2013 Page 299 / 327 16 EXHIBIT B Policies and Procedures of the CNHS Running at Large (sec. 5-34) Animal control officers will receive a call from GIEC or the public will call the Central Nebraska Humane Society and report that an animal(s) are running at large. The Animal Control Officer when respond to the call. Upon arrival to the reported location the Officer will search for an animal(s) matching the description given. When spotted the Officer will pursue and obtain (by any means) any animal(s) spotted running at large. All animals obtains while running at large will be impounded at the Central Nebraska Humane Society. The Officer has the legal rights to search any open property for animal(s), for any amount of time. If said animal(s) enters fenced yard, officer can enter yard by any means, to obtain animal(s). Officer cannot assume that the animal(s) have entered owner’s property. A) If residents of property are home, officer will make contact with resident after obtaining animal(s), to ensure animal(s) are not property of resident. If animal(s) are not property of resident then the officer will impound the animal at the Central Nebraska Humane Society for a maximum of 72 hours. B) If animal(s) are property of resident, officer will issue a citation for running at large, and obtain proof of rabies vaccination and city license. If proof of rabies vaccination and city license are unavailable the citation will include rabies vaccination and city license violation charges. Any interference with said officer while in pursuit of suspected animal(s) will result in a citation for obstruction. Local Law Enforcement can be called at any time for assistance of the Animal Control Officer. If animal is found being extremely aggressive and is unable to be safely apprehended Local Law Enforcement can be called to handle the situation by any means possible. If animal(s) are not found, the Animal Control Officer can speak with the reporter to obtain accurate description. The officer may also speak with any witnesses that viewed the animal(s) running at large. Canine Intake ACO has brought in dog from Running at Large, or Confined 1. Bring in dog into Surrender Room 2. Grab birth card 3. Scan dog for Microchip Grand Island Council Session - 9/24/2013 Page 300 / 327 17 a. If dog has microchip- write down on birth card b. Look up microchip in PetPoint c. If not in PetPoint leave note for front desk to call about chip registration 4. Prepare Shots (Distemper Parvo, and Bordetella) 5. Give dog shots 6. Spray dog with frontline 7. Take Picture of dog 8. Check Lost Dog Book 9. Finish filling out Birth Card 10. If known owners (or you found owners through tags, or chip) write on bottom of birthcard. 11. Locate open ACO canine Kennel on Dry Erase Board 12. Place dog in designated open kennel in ACO canine 13. Fill out ACO Dry erase board with proper info (Name, Breed, Sex, Age, Date Arrived, Date CNHS property) 14. Place completed Birth Card in Front Desk Basket Confined Stray (cat or dog) ACO receives call from GIEC or concerned citizen. Report is made that there is a confined cat/dog. 1. ACO proceeds to reported address 2. ACO retrieves animal and asks if finder can give any information about animal. 3. Returns animal to Shelter 4. Follows Animal intake Procedure 5. BATS (Priority One) ACO receives report of Bat inside a home or business. MUST BE INSIDE HOME OR BUISNESS, WE DO NOT CATCH BATS OUTSIDE. 1. ACO Proceeds to reported address. 2. Grab Net, Coffee can, and flashlight and enter home/business. 3. Search for Bat (usually like to hide in high dark locations), bats will cry (screech) when item they are clinging to is moved or bumped. You can bump or rattle items on shelves and listen for the cry. 4. If you find bat clinging to something use coffee can to catch (place coffee can directly below bat and use lid to gently push bat down into can) 5. If bat is fling use net to trap bat. Swing net through air and catch bat then quickly (but gently) place net on floor (trapping bat between net and floor) using coffee can gently move can under net below bat. Using gloved fingers pry bats wings Grand Island Council Session - 9/24/2013 Page 301 / 327 18 from net so bat will fall into coffee can. Leaving can under net use your other hand to place lid under net and onto the coffee can. DO THIS ALL VERY GENTLY AS THEY ARE ACTUALLY QUITE FRAGIL. 6. Talk to reporter and determine if Bat was in Bedroom with a sleeping person or in a home with a disabled person, or as knowingly bitten anyone. 7. If yes to #6 Bat must be taken back to CNHS and euthanized. a. After euthanized place in plastic zip lock and write date and location found with permanent marker and place in fridge (NEVER FREEZE). b. Follow Rabies preparation procedure. 8. If no to #6 Bat can be relocated to the country, try finding somewhere with lots of trees. Grand Island Council Session - 9/24/2013 Page 302 / 327 19 EXHIBIT C CHARGES FOR SERVICE Animal Control claim fees per animal: First Claim: $25.00 Second Claim: $50.00 Third Claim: $75.00 Fourth Claim: $100.00 Boarding Fee - Impoundment per day until animal claimed: $12.00 plus tax Boarding Fee- Rabies observation per day for ten (10) day holding period: $17.00 plus tax Rabies release fee/vet visit/rabies vaccination: $61.00 Surrender in lieu of rabies observation fee: $25.00 Holding fee at direction of City for legal proceedings: $20.00 Traps rental deposit: $50.00 (to be returned if trap returned in good working order) Potentially Dangerous animal annual fee: $100.00 Grand Island Council Session - 9/24/2013 Page 303 / 327 20 EXHIBIT D Animal Control Ticket Tracking Chart Month and Year Case Type Total Incidents Unfounded Warning Cited Complied With Citation/ Warning Referred To City Attorney Referred to County Attorney Pending Cites Notes Abandoned 0 0 0 0 0 0 0 0 Attack Case 0 0 0 0 0 0 0 0 Bite Case 0 0 0 0 0 0 0 0 City License 0 0 0 0 0 0 0 0 Cruelty or Neglect 0 0 0 0 0 0 0 0 Explain Leash Law 0 0 0 0 0 0 0 0 Livestock 0 0 0 0 0 0 0 0 Pet Excreta 0 0 0 0 0 0 0 0 Rabies Vac Required 0 0 0 0 0 0 0 0 Running at Large 0 0 0 0 0 0 0 0 Welfare Check 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 Not Citable Incidents Total Tickets for the Month Agency Assist 0 Warnings 0 Bat 0 Citations 0 Confined Stray 0 Total 0 Deceased 0 Misc./Fuel 0 Sick/Injured 0 Wildlife 0 Total 0 Total Incidents 0 Grand Island Council Session - 9/24/2013 Page 304 / 327 21 Exhibit E Daily Money comes in through the front desk and the mail. Daily deposits are required. Finance Department opens the safe and retrieves the prior day’s business and change to reconcile. A. Front Desk: The Front Desk takes cash, checks (which are pre-approved) and credit cards. At the end of the day, all money taken in is reconciled on a Daily Cash Record. It is reconciled to the account, i.e. adoptions, claims, boarding, gift shop, etc. and then to the actual “cash.” See attachment #1. It is put in to the safe at the end of the day and the Finance Department (FD) double checks the reconciliation the following day. Bank deposit slips and credit card batch totals are confirmed and attached to the Daily Cash Record. Creates a deposit slip using the date of the transactions, enters the information into an Excel spreadsheet to be reconciled at the end of the week. See attachment #2. The spreadsheets are also used to reconcile sales tax. B. Mail comes to the FD and is separated. Any invoices are entered into Quickbooks (QB) daily. A deposit slip is created for any money received, entered into the appropri8ate account and printed. C. FD makes sure that there is $100.00 in change. Makes any necessary change and delivers it to the front desk. It is also kept in the safe overnight. D. Any invoices that are due are mailed or paid on-line. A copy of the check stub is attached and the invoice is filed. E. All filing cabinet containing cash or sensitive information are locked and kept in a locked office. Weekly A. The money received on a daily basis through the Front Desk are entered into a “transfer account.” Once a week, using the excel reconciliation the transfer account is divided into the appropriate accounts. This is where all the money is sent to the account it belongs from the “transfer account,” including sales tax. B. Checks are printed weekly to pay bills due the following week. The invoices and checks go to the Executive Director for approval. Once they are signed, they are placed in a locked filing cabinet for on-time payments. Generally, this is when the “cash flow forecast” is prepared. Bi-weekly Grand Island Council Session - 9/24/2013 Page 305 / 327 22 A. Payroll is prepared. See “Entering and Paying Payroll.” Monthly and Quarterly A. Bank accounts are reconciled. B. Month ending is performed and reconciled to the Balance Sheet. It is sent to the Board of Directors for approval. C. Quarterly, reconcile pet licenses to Quickbooks, which matches the Daily Cash Record and Deposits and submit payment to the city. Yearly A. Accounts are reconciled to the Balance Sheet and sent to the Board of Directors for approval. B. Provide the Finance Committee with the information necessary to complete the yearly budget. C. All necessary documents are sent to the auditor for verification. Grand Island Council Session - 9/24/2013 Page 306 / 327 23 ENTERING AND PAYING PAYROLL Payroll Process Timecards 1. Log into timecard system and go through each employee’s timecard to verify all check ins/outs are accounted for; all times need to be converted to decimal equivalents (see chart). Watch closely to make sure overtime is accounted for properly, along with any vacation or sick time. Before finalizing vacation and sick time, be sure the employee qualifies for this benefit. 2. Anything over 40 hours in a week is OT. 3. For ACOs, go to the On Call Log (in their black storage cabinet) and write down their calls for the payroll time period. Make sure you note the date and the duration of time. Add the time to timecards. This is paid at time and a half. 4. Print out timecards and total sheet for all employees. 5. Give the Front Office and Feline department employee time cards to Janet and the ACO and ACT time cards to Laurie for approval. Spreadsheet (found in U: drive) 1. After approval, enter all timecard information into the Payroll spreadsheet for the proper payroll period. Verify the total hours match the total hours of all the timecards. 2. After verifying all information on the spreadsheet, save it with the name of the Payroll Period, then print a copy of only Page 1. Quickbooks 1. Go into the Payroll Center. 2. Open “enter scheduled payroll.” 3. Open “payroll detail.” 4. Enter employee’s hours. 5. Print payroll checks. Use plain paper to print checks that will be direct deposited. Use check numbers from “On-Line Check Number” list. Add to numbers to list. Print checks that are not being direct deposited for Laurie’s signature. (Note: remember to change check numbers.) 6. Print “Client-ready Payroll Report.” It will be used to enter the direct deposit information. 7. Cut the stubs off the plain paper “checks” and remove stubs from “regular” checks. Keep with payroll documentation. 8. Distribute checks on Friday following the end of pay period by 10 a.m. Grand Island Council Session - 9/24/2013 Page 307 / 327 24 Bank Deposit 1. Go to www.5pointsbank.com 2. Click on Business tab. Select bank. Ender Access ID and click to log-in. 3. Enter password (include access code) and click to log-in. 4. Under Funds Management, choose Web ACH. 5. Click on File. 6. Click Open and find your .ach file in the payroll folder on the U: drive. (Remember which file you are using.) 7. Enter the effective date and new payroll information. You will be entering over the prior entry. 8. After entering, go to view and verify that debits and credits balance to zero. 9. Print page. 10. Save as a NACHA file. (This will have the .ach extension.) 11. Click on File and Close. Then click on File and Exit. You have created the payroll file and are now going to transfer the funds from our account to the employee’s account. 1. Under Funds Management, go to Transfer list. 2. Click on the transfer file for your payroll. Use #1, the second file should be used for add-ons. 3. Enter the amount of debit and credit from the page that you printed. Obviously, the debit and credit are equal. 4. Select the browse button to locate your payroll file on the U: drive. 5. Open the file that is your payroll file with the .ach extension. 6. Click submit. The upload process may take a few seconds. 7. After receiving a Confirmation Number, print page. 8. As a double check, under Funds Management, click on Transfer Issued to see that file was sent and approved. 9. Keep all documentation and file. Notes: Transaction codes: 27 = Withdrawal from Checking 22 = Deposit to Checking 32 = Deposit to Savings 37 = Withdrawal from Savings ^^^^Also, after doing the first payroll of the month, it is a good time to take care of the ACH Donation withdrawals for the following month.^^^^ Grand Island Council Session - 9/24/2013 Page 308 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-329 WHEREAS, the City of Grand Island invited Requests for Proposals for Animal Control and Pet Licensing, a copy of which is on file with the City Administrator’s office; and WHEREAS, on May 28, 2013 proposals were received, opened and reviewed, and evaluated; and WHEREAS, the Central Nebraska Humane Society submitted a bid in accordance with the terms of the Request for Proposals, and plans and specifications and all other statutory requirements contained therein; and WHEREAS, the proposal of the Central Nebraska Humane Society, meets all of the requirements for Animal Control and Pet Licensing; and WHERAS, negotiations between the City of Grand Island and the Central Nebraska Humane Society were had; and WHEREAS, the City of Grand Island and the Central Nebraska Humane Society came to a mutual agreement; and WHEREAS, the term of the contract will be for three (3) years; and WHEREAS, the contract will be for a flat fee of $360,000.00 per year for a total contract price of $1,800,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the contract with the Central Nebraska Humane Society, in the amount of $360,000.00 per year or $1,800,000.00 in total, for Animal Control and Pet Licensing, is hereby approved, and that the Mayor is authorized to sign the Contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 309 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item I-7 #2013-330 – Consideration of Amending the Fee Schedule Relative to Animal Control Services Staff Contact: Stacy Nonhof, Assistant City Attorney Grand Island Council Session - 9/24/2013 Page 310 / 327 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:September 24, 2013 Subject:Consideration of Approving Updated Animal Control Fees for City of Grand Island Fee Schedule Item #’s:I-7 Presenter(s):Stacy R. Nonhof, Assistant City Attorney Background The City of Grand Island has a contract with the Central Nebraska Humane Society (CNHS) for providing Animal Control and Pet Licensing services for the City. As part of that contract, the CNHS advises the City on appropriate fees for Animal Control and Pet Licensing. This contract is set to expire at midnight on September 30, 2013. During the negotiations of a new contract, proposed changes to the City’s Fee Schedule were discussed. Discussion The proposed changes to the current Fee Schedule that was incorporated into the City’s 2013-2014 budget that was passed on September 10, 2013 are as follows: 1.An increase of $10.00 for the license fee for dogs or cats that are not spayed or neutered. This is proposed as an incentive for pet owners to get their animals spayed or neutered so as to help reduce the number of animals in the City – especially the number of strays. 2.An increase of $3.00 per day for boarding when the animal has been impounded. This is to help defray the increased costs of care for impounded animals. 3.An increase of $3.95 in the daily fee for legal proceeding holding fees. This is to help defray the increased costs of care for animals that are ordered held by the City as “evidence” in a legal proceeding. The proposed changes to the Fee Schedule reflect the increased costs of care that the CNHS incurs when they have the animal in their care. The updated Animal Control Services portion of the Fee Schedule if adopted will be: Grand Island Council Session - 9/24/2013 Page 311 / 327 2014 2014 2012 2013 Adopted Proposed ANIMAL CONTROL SERVICES Pet License Fee - Un-neutered/un-spayed 31.00 31.00 31.00 41.00 Pet License Fee - Neutered/Spayed 16.00 16.00 16.00 16.00 **$5.00 per license retained by registered veterinarian making sale Pet License Replacement Fee 5.00 5.00 5.00 5.00 License Fees-late fee of $10.00 after Feb 1 10.00 10.00 10.00 10.00 Impoundment Fee - 1st Offense*25.00 25.00 25.00 25.00 Impoundment Fee - 2nd Offense*50.00 50.00 50.00 50.00 Impoundment Fee - 3rd Offense*75.00 75.00 75.00 75.00 Impoundment Fee - 4th Offense*100.00 100.00 100.00 100.00 *Impoundment includes a per day boarding fee Boarding Fee - Impoundment 12.00+tax/day 12.00+tax/day 12.00+tax/day 15.00+tax/day Boarding Fee - Rabies observation 17.00+tax/day 17.00+tax/day 17.00+tax/day 17.00+tax/day Rabies Testing - There is no charge when Animal Control is dealing with a bite case or wildlife that is required to be tested. If the public is requesting an animal to be tested that is on the required testing list and AC/Cnhs is not involved with the incident there is a charge. 15.00 45.00 45.00 45.00 Rabies observation transportation fee 25.00 25.00 25.00 25.00 Legal Proceeding holding fee 16.05+tax per day16.05+tax per day16.05+tax per day 20.00+tax per day Deemed "Potentially Dangerous" fee 100.00 100.00 100.00 100.00 Micro chip 25.00 per animal 25.00 per animal 25.00 per animal 25.00 per animal Live trap rental $50.00 deposit per trap. When trap is returned in working order, there is a refund of $40.00 50.00 deposit 40.00 refund when returned 50.00 deposit 40.00 refund when returned 50.00 deposit 40.00 refund when returned 50.00 deposit 40.00 refund when returned Adoptions: Neutered/spayed Adoption fees can be lower depending on length of stay, age and color of pet. This is for both cats and dogs. Average fee is $100.00 Dogs 100.00 + tax 100.00 + tax 100.00 + tax 100.00 + tax Cats & Kittens 100.00 + tax 100.00 + tax 100.00 + tax 100.00 + tax Pickup and disposal of dead animals at owner's request 25.00 25.00 25.00 25.00 Removal of wildlife from the home, garage or yard at home owner's request During business hours N/C N/C N/C N/C (No charge for removing skunks or bats) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Move to deny Recommendation City Administration recommends that the Council approve Resolution 2013-330 authorizing the amendment to the 2013-2014 Fee Schedule as it pertains to Animal Control and Pet Licensing. Sample Motion Move to approve Resolution 2013-330 authorizing the amendment to the 2013-2014 Fee Schedule for Animal Control and Pet Licensing fees. Grand Island Council Session - 9/24/2013 Page 312 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-330 WHEREAS, the 2013-2014 budget process required an update of the Fee Schedule for numerous services that the City provides; and WHEREAS, the City Council adopted the 2013-2014 Budget at the September 10, 2013 meeting; and WHEREAS, during contract negotiations with the Central Nebraska Humane Society new fees were proposed; and WHEREAS, the previously adopted Fee Schedule needs to be amended to reflect the updated Animal Control fees; and WHERAS, the proposed changes to the Animal Control portion of the fee schedule are: 1.An increase of $10.00 for a revised fee of $41.00 for the license fee for dogs or cats that are not spayed or neutered. 2.An increase of $3.00 per day for a revised fee of $15.00 per day for boarding when the animal has been impounded. 3.An increase of $3.95 for a revised fee of $20.00 in the daily fee for legal proceeding holding fees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2013-2014 Fee Schedule be amended to include the updated Animal Control fees. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 313 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item I-8 #2013-331 - Approving Wastewater Cost of Service Based Rates Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/24/2013 Page 314 / 327 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:September 24, 2013 Subject:Approving Wastewater Cost of Service Based Rates Item #’s:I-8 Presenter(s):Marvin Strong PE, Wastewater Plant Engineer Background The Wastewater Division of the Public Works Department is an enterprise fund with no property tax dollars used to support the division. The entire budget comes from wastewater customers through sanitary sewer bills. The sewer bill for a residential customer is based on usage and standard strength for residential sewage. The sewer bill for commercial and industrial customers is based on usage plus an extra strength component. A cost of service based rate study looks at all costs for the operation and allocates those costs of service to the customer classes according to the costs of providing service. Rates are then designed to equitably cover those costs. The current sanitary sewer rates are based on Resolution No. 2011-100, which was approved by City Council on April 26, 2011. The cost of service based rate study, which was performed by Black & Veatch of Kansas City, Missouri, was presented to City Council at the September 17, 2013 study session. Discussion The final waste water cost of service based rate study report is now complete and ready for council approval. The final report includes recommended rates for fiscal years 2013 through 2016. It has been recommended that the first year of rate adjustments will come into effect October 1, 2013 with the future increases commencing on October 1 in the following years, and will be considered by the council along with other city rates as part of the normal budget process. The attached Fee Schedule contains several additions: 1.Miscellaneous Laboratory Fees 2.Sump Pump Waste Disposal 3.Bulk Industrial Waste Discharge (negotiated) Grand Island Council Session - 9/24/2013 Page 315 / 327 The Wastewater Division conducts assorted laboratory tests for the industrial dischargers and is reimbursed for their efforts. The fee schedule codifies the laboratory testing fees and brings them into alignment with current costs. The Nebraska Department of Environmental Quality (NDEQ) is enforcing the rules and regulations for disposal of sump pump waste (car/truck washes). This fee covers the cost of disposing of sump pump waste within the NDEQ rules and regulations. The contractors removing the sump pump waste have to provide laboratory test results indicating the waste is non-hazardous. The Bulk Industrial Waste Discharge (negotiated) is for industrial waste that is hauled to the Grand Island Wastewater Treatment Plant. The rate is based, in part, on laboratory test results. Different Laboratory test results may generate different rates. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. 2.Refer the issue to a Committee. 3.Postpone the issue to a future date. 4.Take no action on the issue. Recommendation City Administration recommends that the Council approve the final wastewater cost of service based rates, including the noted additional charges. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/24/2013 Page 316 / 327 Final Fee Schedule for 2014 2011 2012 2013 2014 2014 Changes WASTEWATER TREATMENT (as Approved by Ordinance) Sewer Tap Permit (See engineering fees) Sewer Service Charge per month 8.24 8.24 8.24 8.24 Monthly sewer bill for customers not hooked to City water 19.84 19.84 19.84 19.84 TV Inspection of Sanitary Sewer (minimum $100.00 charge)0.63 0.68 0.68 0.68 SEPTIC TANK CHARGES Charges for Septic Tank Sludge minimum fee 8.00 8.40 8.40 8.40 Charges for Septic Tank Sludge per 100 gallons 7.20 7.40 7.40 7.40 Charges for High Strength Septic Sludge per 1,000 gallons 410.00 420.00 420.00 420.00 FLOW CHARGES (Changes effective 1-1-2012) * Cost per 100 Cubic feet of Flow (customers discharging directly into City's Treatment Plant)1.20 1.18 * 1.1800 1.1800 Cost per 100 Cubic feet of Flow (customers using City's collection system)1.68 1.78 * 2.0800 2.4200 2.52 Cost per 100 Cubic feet of Flow (low strength customers using City's collection system)0.7770 .78 * 1.0300 1.3900 1.47 INDUSTRIAL WASTE SURCHARGES (Chg effective 1-1-2012) * BOD Charge $/lb over 250 mg/l 0.3042 0.3633 * 0.3844 0.3869 0.3844 SS Charge $/lb over 250 mg/l 0.2180 0.245 * 0.2533 0.2442 0.2553 Oil & Grease $/lb over 100 mg/l 0.1465 0.077 *0.0819 0.0762 0.0832 Total Kjeldahl Nitrogen (TKN) ($/lb over 30 mg/l)0.5701 0.5701 * 0.5701 * 0.5701 * Ammonia (over 30 mg/l)0.5701 *0.5701 0.5701 Nitrates (over 25 mg/l)1.8739 LOW STRENGTH INDUSTRIAL SERVICE FOUR-PART CHARGES (Changes effective 1-1-2012) * BOD Charge ($/lb over 0 mg/l)0.3042 0.3633 *0.3844 0.3869 0.3844 SS Charge ($/lb over 0 mg/l)0.2180 0.245 *0.2533 0.2442 0.2553 Oil & Grease ($/lb over 0 mg/l)0.1465 0.077 *0.0819 0.0762 0.0832 Total Kjeldahl Nitrogen (TKN) ($/lb over 30 mg/l)0.5701 0.5701 *0.5701 0.5701 Nitrates (over 25 mg/l)1.8372 1.8739 1.8739 1.9959 1.8739 BULK INDUSTRIAL WASTE DISCHARGE (per gallon) [negotiated]0.05 SUMP PUMP WASTE DISPOSAL (per gallon)0.15 LABORATORY ANALYSIS BOD 30.00 CBOD 30.00 Chloride 10.00 Conductivity 7.50 Nitrogen, Amonnia 9.00 Nitrogen, TKN 13.50 Oil and Grease 50.00 pH 5.00 Total Suspended Solids 20.00 Alkalinity 10.00 Chlorine, Free 10.00 COD 45.00 Nitrogen, Nitrite 20.00 Phosporus, Total 20.00 SAMPLE COLLECTION FEE 30.00 HYDROGEN SULFIDE CHARGES Grand Island Council Session - 9/24/2013 Page 317 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-331 WHEREAS, at the September 17, 2013 City Council Study Session, representatives from the engineering consulting firm Black & Veatch Corporation of Kansas City, Missouri presented tables and allocations for a wastewater cost of services based rate study; and WHEREAS, the final wastewater cost of service based rate study report has been finalized by Black & Veatch and is now complete; and Whereas, the Fee Schedule has been revised to include Laboratory Fees, Sump Pump Waste Disposal and Bulk Industrial Waste Discharge (negotiated). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the final Wastewater Cost Based Rate Study report as prepared by engineering consulting firm Black & Veatch Corporation of Kansas City, Missouri and the additions to the Fee Schedule are hereby approved and adopted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 318 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item I-9 #2013-310 – Consideration of Authorizing the Legal Department to Acquire Certain Real Estate through Eminent Domain Staff Contact: Robert Sivick Grand Island Council Session - 9/24/2013 Page 319 / 327 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:September 24, 2013 Subject:Consideration of Authorizing the Legal Department to Acquire Certain Real Estate through Eminent Domain Item #’s:I-9 Presenter(s):Robert J. Sivick, City Attorney Background Over the last few months the Legal and Public Works Departments have attempted to purchase approximately eighty acres of pasture land located north of Eagle Scout Lake along Highway 2. The Public Works Department wishes to convert this parcel into a detention cell to allow the City of Grand Island (City) to better control storm water runoff and drainage affecting Northwest Grand Island. City staff made reasonable offers to the listed owner in excess of the fair market value to no avail. Discussion Since the proposed use of the land is for a public purpose, Chapter 76, Article 7 of the Nebraska Revised Statutes permits the City to acquire it through eminent domain. This would be accomplished through a Petition to Condemn Real Property filed in the Hall County Court. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. 2.Refer the issue to a Committee. 3.Postpone the issue to future date. 4.Take no action on the issue. Grand Island Council Session - 9/24/2013 Page 320 / 327 Recommendation The City Administration recommends the Council approve Resolution 2013-310 to authorize the Legal Department to acquire certain real estate for public use through Eminent Domain. Sample Motion Move to approve Resolution 2013-310 authorizing the Legal Department to acquire certain real estate for public use through Eminent Domain. Grand Island Council Session - 9/24/2013 Page 321 / 327 Grand Island Council Session - 9/24/2013 Page 322 / 327 Approved as to Form ¤ ___________ September 20, 2013 ¤ City Attorney R E S O L U T I O N 2013-310 WHEREAS, the City of Grand Island has sought to acquire real property consisting of the West ½ of the Southeast ¼ of the Lake Township located in Hall County, Nebraska for a public purpose; and WHEREAS, City staff has made numerous market based offers for this real property but those offers have been rejected by the listed owner; and WHEREAS, in light of the owners rejection of the City’s offers, the City must exercise its power of Eminent Domain to acquire the real property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Legal Department is hereby authorized to acquire the above described real estate through Eminent Domain by filing a Petition to Condemn Real Property in the Hall County Court. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 24, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/24/2013 Page 323 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item J-1 Approving Payment of Claims for the Period of September 11, 2013 through September 24, 2013 The Claims for the period of September 11, 2013 through September 24, 2013 for a total amount of $7,123,259.87. A MOTION is in order. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 9/24/2013 Page 324 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item X-1 Strategy Session with Respect to Pending Litigation 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 - 9/24/2013 Page 325 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item X-2 Strategy Session with Respect to Real Estate Acquisition 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 - 9/24/2013 Page 326 / 327 City of Grand Island Tuesday, September 24, 2013 Council Session Item X-3 Strategy Session with Respect to Litigation which is Imminent as Evidenced by Communication or Treat of Litigation to or by the Public Body 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 - 9/24/2013 Page 327 / 327