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02-25-2014 City Council Regular Meeting Packet City of Grand Island Tuesday, February 25, 2014 Council Session Packet City Council: Linna Dee Donaldson John Gericke Peg Gilbert Chuck Haase Julie Hehnke Kent Mann Vaughn Minton Mitchell Nickerson Mike Paulick Mark Stelk Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 2/25/2014 Page 1 / 150 City of Grand Island Tuesday, February 25, 2014 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 - Father Todd Philipsen, Blessed Sacrament Catholic Church, 518 West State Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 2/25/2014 Page 2 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item C-1 Proclamation “Habitat for Humanity – Build a Dream Day” February 28, 2014 Habitat for Humanity is part of a global, nonprofit housing organization where homes are built for families to provide a safe environment and a brighter future. On February 28, 2014 Habitat for Humanity will hold their Build a Dream event with proceeds going towards funding Habitat for Humanity’s housing programs. Mayor Vavricek has proclaimed February 28, 2014 as “Habitat for Humanity – Build a Dream Day”. See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/25/2014 Page 3 / 150 Grand Island Council Session - 2/25/2014 Page 4 / 150 Grand Island Council Session - 2/25/2014 Page 5 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item C-2 Recognition of Crane Trust Nature Center The Crane Trust Nature & Visitor Center located off of I-80 along the Platte River south of Alda is the place to see more than 500,000 sandhill cranes and whooping cranes migrate through Nebraska. The 2014 spring migration begins March 1st thru April 7th. Mayor Vavricek will recognize Chuck Cooper, President and CEO of the Crane Trust Nature & Visitor Center along with employees and volunteers for their leadership in promoting Central Nebraska and the upcoming spring migration of the sandhill cranes and stewardship in conservation efforts important to the people of Grand Island. The Mayor will proclaim the month of March, 2014 as “Crane Watch on the Prairie Month”. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/25/2014 Page 6 / 150 Grand Island Council Session - 2/25/2014 Page 7 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item E-1 Public Hearing on Acquisition of Utility Easement - 1011 Claude Road - Morrison Enterprises, LLC Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 2/25/2014 Page 8 / 150 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:February 25, 2014 Subject:Acquisition of Utility Easement – 1011 Claude Road – Morrison Enterprises, LLC Item #’s:E-1 & G-6 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Morrison Enterprises, LLC, located along the east side of Claude Road between Arch Avenue and Old Highway 30, and running in a southeasterly direction to the northwest corner of Morrison Enterprises building located at 1011 Claude Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The owner of the property is upgrading and replacing the electrical service to the building. To re-use the existing cable and transformer pad would require a very long outage and the disruption of business. The Utilities Department policy is to provide loop or two-way feed to all transformers if possible. That can be accomplished by placing a second conduit and cable to a second transformer, wiring the second transformer to the new switchgear, and taking a very short outage to remove the old transformer and tie the existing cable into the new one. The second conduit was laid so as to not tear up the existing parking lot. The easement is extra wide to cover both feeds. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 2/25/2014 Page 9 / 150 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 2/25/2014 Page 10 / 150 Grand Island Council Session - 2/25/2014 Page 11 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement in Vlach Subdivision (Vlach Properties, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/25/2014 Page 12 / 150 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 25, 2014 Subject:Public Hearing on Acquisition of Utility Easement in Vlach Subdivision (Vlach Properties, LLC) Item #’s:E-2 & G-11 Presenter(s):John Collins PE, Public Works Director Background Street Improvement District No. 1260; Webb Road – South Webb Road extending north from Stolley Park Road to Union Pacific Railroad Tracks was created by City Council on February 12, 2013. In order for this district to be constructed the City needs to acquire a utility easement, as shown on the attached sketch. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion Engineering staff of the Public Works Department have negotiated with the property owner to acquire the necessary utility easement to install and maintain utilities for Street Improvement District No. 1260. This utility easement will allow for the improvements to the roadway and drainage along this portion of Webb Road. There will not be any compensation to the property owner for such utility easement, as this easement area involves an existing easement. 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 Grand Island Council Session - 2/25/2014 Page 13 / 150 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the utility easement from Vlach Properties, LLC for Street Improvement District No. 1260; Webb Road – South Webb Road extending north from Stolley Park Road to Union Pacific Railroad Tracks. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/25/2014 Page 14 / 150 Grand Island Council Session - 2/25/2014 Page 15 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-1 Approving Minutes of February 11, 2014 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 2/25/2014 Page 16 / 150 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 11, 2014 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on February 11, 2014. Notice of the meeting was given in The Grand Island Independent on February 5, 2014. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Kent Mann, Linna Dee Donaldson, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Mark Stelk, Mike Paulick, and Vaughn Minton. Councilmember Chuck Haase was absent. The following City Officials were present: City Administrator Mary Lou Brown, Assistant to the City Administrator Nicki Stoltenberg, Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works Director John Collins. INVOCATION was given by Reverend Theresa Mason, Trinity United Methodist Church, 511 North Elm Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member John Albers. PRESENTATION AND PROCLAMATION: Proclamation “Fur’tastic Day” February 15, 2014. Mayor Vavricek proclaimed February 15, 2014 as “Fur’tastic Day”. Laurie Dethloff with the Central Nebraska Humane Society was present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request from Full Circle Venue LLC dba Full Circle Venue, 1010 Diers Avenue, Suite 4 for a Change of Location for Class “C-88739” Liquor License to 3333 Ramada Road. Mayor Vavricek reported that the Public Hearing has been pulled at the request of the applicant. Public Hearing on Acquisition of Public Right-of-Way in Section 24, Township 11 North, Range 10 (Little B’s Corporation). Public Works Director John Collins reported that staff has negotiated with the property owner to purchase the necessary right-of-way to construct property drainage for Street Improvement District No. 1261. This public right-of-way will allow for improved drainage by connecting the initial phase of the Moores Creek Drainway to the Westgate Industrial Park Road area. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easements in Copper Creek Estates 3rd Subdivision (The Guarantee Group, LLC). Public Works Director John Collins reported that the developer requested relocation of an existing easement to allow for replatting of lots within the Copper Creek Estates 3rd Subdivision. Staff recommended approval. No public testimony was heard. Grand Island Council Session - 2/25/2014 Page 17 / 150 Page 2, City Council Regular Meeting, February 11, 2014 Public Hearing on the One & Six Year Street Improvement Plan. Public Works Director John Collins presented a detailed listing of the street improvement projects with their corresponding years in which each projects is scheduled. The One & Six Year Street Improvement Plan was presented at the Grand Island/Hall County Regional Planning Commission meeting on February 5, 2014, in which a recommendation of approval was brought forth. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9473 – Consideration of Vacation of a Utility Easement Located in Copper Creek Estates 3rd Subdivision (The Guarantee Group, LLC) 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 this ordinance 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. Public Works Director John Collins reported that Ordinance #9473 is coming forth to Council upon the request of the developer/property owner of Copper Creek Estates 3rd Subdivision in order to vacate the originally dedicated easement. There are no utilities currently within this easement that will be affected by this vacation. Motion by Gilbert, second by Minton to approve Ordinance #9473. Assistant to the City Administrator: Ordinance #9473 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. Assistant to the City Administrator: Ordinance #9473 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 #9473 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Donaldson, second by Minton to approve the Consent Agenda with the exception of G-5. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 28, 2014 City Council Special Meeting. Approving Appointment of Tom O’Neill to the Citizens Advisory Review Committee. Approving Appointment of Councilmember Stelk to the Firefighters and Police Pension Committees. Grand Island Council Session - 2/25/2014 Page 18 / 150 Page 3, City Council Regular Meeting, February 11, 2014 #2014-17 – Approving Bid Award for Insertable Dust Collectors – Crusher and Conveyor #3 Head Pulley at Platte Generating Station with Martin Engineering of Neponset, IL in an Amount of $58,371.00 #2014-18 – Approving Bid Award for Pavement Markings for 2014 with Straight-Line Striping, Inc. of Grand Island, NE in the amount of $59,598.73. Public Works Director John Collins reported that the contract will consist of painting traffic markings and lane lines in City of Grand Island owned roadways. John also provided an explanation of why a contract was considered vs the internal operating costs and time dedicated to this function performed by the Streets Division. Motion by Nickerson to approve, second by Gilbert. Upon roll call vote, Councilmembers Minton, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Donaldson, and Mann voted aye. Councilmember Paulick voted no. Motion adopted. #2014-19 – Approving Bid Award for Concrete Ready-Mix for 2014 with Gerhold Concrete Co., Inc. of Grand Island, NE in the amount of $124,500.00. #2014-20 – Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2014 with OK Paving of Hordville, NE in the amount of $850,260.00. #2014-21 – Approving Acquisition of Public Right-of-Way in Section 24, Township 11 North, Range 10 (Little B’s Corporation). #2014-22 – Approving Acquisition of Utility Easements in Copper Creek Estates 3rd Subdivision (The Guarantee Group, LLC). #2014-23 – Approving Change Order No. 3 for the Walk to Walnut Safe Routes to School Project with the Nebraska Department of Roads for an Increase of $1,951.64 and a Revised Contract Amount of $386,010.31. #2014-24 – Approving Agreement Amendment No. 1 with Olsson Associates for Professional Services Related to the Extension of Sanitary Sewer System from Wildwood Subdivision to Interstate 80 (District No. 530T). RESOLUTIONS: #2014-25 - Consideration of Request from Full Circle Venue LLC dba Full Circle Venue, 1010 Diers Avenue, Suite 4 for a Change of Location for Class “C-88739” Liquor License to 3333 Ramada Road. This item related to the aforementioned Public Hearing. Mayor Vavricek reported that Resolution #2014-25, as was the Public Hearing, has been pulled at the request of the applicant. #2014-26 – Consideration of One & Six Year Street Improvement Plan. This item related to the aforementioned Public Hearing. Grand Island Council Session - 2/25/2014 Page 19 / 150 Page 4, City Council Regular Meeting, February 11, 2014 Motion by Gilbert, second by Minton to approve Resolution #2014-25. Upon roll call vote, all voted aye. Motion adopted. #2014-27 – Consideration of Support of LB 935 Regarding the Relocation of the Grand Island Veterans Home. Mayor Vavricek presented the bill for public awareness and also noted that testimony is scheduled to occur on Thursday, February 13, 2014 before the Government, Military and Affairs Committee. It was also noted that the resolution being considered by council will be a part of its official public record of testimony and consideration. Mayor Vavricek continued to explain that LB 935 would provide for greater transparency of the state’s process as it considers the relocation of state services. Motion by Gericke, second by Paulick to approve Resolution #2014-26. Upon roll call vote, all voted aye. Motion adopted. #2014-28 – Consideration of Approving a Purchase Agreement for the Property Located at 1306 West 3rd Street. City Administrator Mary Lou Brown acknowledged an email that was sent to council earlier today that stated the Hall County Board of Supervisors officially rescinded their offer to purchase the property located at 1306 West 3rd Street. Attached to that email was a certified copy of the County’s resolution. As a result, City Administration is recommending that Council not approve the proposed purchase agreement. Pam Lancaster, representing the Hall County Board of Supervisors, 121 S. Pine, spoke in support of the newly proposed recommendation of not approving the purchase agreement. She mentioned that after further review of the property it was determined that the main water line and the current HVAC systems were not conducive to the 500+ people that come and go from the Courthouse on a daily basis. Therefore, because of the life safety and inspection stipulation that was written in the agreement, it was agreed that the County would rescind their original purchase offer. Lancaster also apologized to City Administration and Council and stated that their intentions were honorable and straight forward. Discussion was held by Council as it related to past conversations regarding the original intention of the property, as well as the integrity of the City’s RFP process. City Administrator Brown also suggested a study session regarding the property would eventually occur. Motion by Nickerson, second by Gericke to deny Resolution #2014-27. Upon roll call vote, Councilmembers Minton, Paulick, Stelk, Gericke, Nickerson, Hehnke, Donaldson, Mann voted aye. Councilmember Gilbert voted no. Motion adopted. PAYMENT OF CLAIMS: Grand Island Council Session - 2/25/2014 Page 20 / 150 Page 5, City Council Regular Meeting, February 11, 2014 Motion by Gilbert, second by Paulick to approve the Claims for the period of January 29, 2014 through February 11, 2014, for a total amount of $2,507,213.03. Unanimously approved. Councilmember Hehnke recused herself from Invoice #68390 for $84.00. ADJOURNMENT: The meeting was adjourned at 8:11p.m. Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 2/25/2014 Page 21 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-2 Approving Minutes of February 18, 2014 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 2/25/2014 Page 22 / 150 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION February 18, 2014 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on February 18, 2014. Notice of the meeting was given in the Grand Island Independent on February 12, 2014. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Mark Stelk, John Gericke, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Kent Mann. 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. SPECIAL ITEMS: Presentation by Almquist, Maltzahn, Galloway, & Luth for Fiscal Year 2013 City Single Audit and General Purpose Financial Statements and Electric and Water Audit Reports. Finance Director Jaye Monter introduced Terry Galloway representing Almquist, Maltzahn, Galloway, & Luth who presented a PowerPoint presentation on the Fiscal Year ending September 30, 2013 Audit. He stated they were giving the City a AAA rating. Grand Island’s Outstanding Debt increased by $27,788,653 (64.1%) during the current fiscal year due primarily to the issuance of $35,430,000 of Wastewater Revenue Bonds. Total net assets were $622,308,286. Discussion was held regarding the pension liability for police and fire. Currently there were $2,850,151 additional funds above the liabilities. Business-type activities net position was reduced $423,850 (Electric Fund - $252,225, Water Fund - $50,839, and Sewer Fund - $120,786) and the component units net position was decreased $27,337 (all in the Grand Island Facilities Corporation). Reviewed was the budgetary comparison schedule. Total general government was under budget $156,258, public safety was under budget $1,049,755, public works was under budget $307,416, environment and leisure was under budget $234,717 and non-departmental was over budget $35,164 for a total under budget amount of $1,712,982 for year ended September 30, 2013. Personnel and equipment were the reasons these funds were not spent. Grand Island Council Session - 2/25/2014 Page 23 / 150 Page 2, City Council Study Session, February 18, 2014 Mr. Galloway stated we were in great financial shape in the General Fund and our outstanding general obligation debt was very good at 0.65%. General fund cash reserves were at $11,878,627 an increase over the last four years. Business-type activities had a reserve of $86,792,083. Mr. Galloway stated we currently had almost four months in cash reserves which were very good. The top 5 sources of revenues were: sales tax; property taxes; grants and contributions; state allocation; and charges for services. Levy rates were reviewed over the last five years with the 2013 levy rate at 0.324418. Governmental expenses per capita based on 48,520 population were as follows: General Government - $80; Public Safety - $368; Public Works - $125; and Environment and Leisure - $107. Mr. Galloway stated there were a lot of positive things going on in the City of Grand Island and we were in great shape. Overview of 2013 General Fund Financial Results. Finance Director Jaye Monter presented the 2013 General Fund Financial results. General fund unrestricted cash reserve 2013 forecast was $9,307,264 with the 2013 actual cash reserve coming in at $10,528,593. General fund revenues had come in higher than forecasted and the expenditures had come in lower than forecasted. Property tax, sales tax, and building permits all came in higher than forecasted. Actual cash reserve as of September 30, 2013 was 31.40%. Discussion was held regarding future spending and projecting future needs. Comments were made concerning the excess money left over from the 2013 budget. 2015 Budget Development. City Administrator Mary Lou Brown presented the proposed 2014/2015 budget calendar. Discussion was held regarding more information to Council of major changes in the 2014-2015 budget. Ms. Brown commented on future year budgets that would be discussed with Council. Mentioned was there would be six union negotiations this year that would affect the wages in the budget. A lengthy discussion was held regarding the number of meetings and on what days. Study Sessions were requested early on in the process. No specific direction was given by Council to Administration. City Administration will complete a budget calendar in the near future and send to Councilmembers. ADJOURNMENT: The meeting was adjourned at 9:31 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/25/2014 Page 24 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-3 Approving Appointments of Councilmembers Kent Mann and Chuck Haase to the Metropolitan Planning Organization (MPO) Policy Board Mayor Vavricek has submitted the appointments of Councilmembers Kent Mann and Chuck Haase to the Metropolitan Planning Organization (MPO) Policy board. The appointments would become effective immediately upon approval by the City Council. A motion is in order. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/25/2014 Page 25 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-4 Approving Appointment of Councilmember Mike Paulick to the Building Code Advisory Board Mayor Vavricek has submitted the appointment of Councilmember Mike Paulick to the Building Code Advisory Baord as a Council representative. The appointment would become effective immediately upon approval by the City Council. A motion is in order. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 2/25/2014 Page 26 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-5 Approving Request for Liquor Manager Designation for Jeff Deline, 3721 West Capital Avenue, Apt. A301 with Ruby Tuesday, 3429 West 13th Street Staff Contact: RaNae Edwards Grand Island Council Session - 2/25/2014 Page 27 / 150 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:February 25, 2014 Subject:Request from Jeff Deline, 3721 West Capital Avenue, Apt. A301 for Liquor Manager Designation with Ruby Tuesday, 3429 West 13th Street Item #’s:G-5 Presenter(s):RaNae Edwards, City Clerk Background Jeff Deline, 3721 West Capital Avenue, Apt. A301 has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Ruby Tuesday, 3429 West 13th Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. Grand Island Council Session - 2/25/2014 Page 28 / 150 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Jeff Deline, 3721 West Capital Avenue, Apt. A301 for Liquor Manager Designation in conjunction with the Class “I-67017” Liquor License for Ruby Tuesday, 3429 West 13th Street with the stipulation that Mr. Deline complete a state approved alcohol server/seller training program. Grand Island Council Session - 2/25/2014 Page 29 / 150 02/10/14 Grand Island Police Department 450 15:59 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 10:50:00 02/05/2014 Date disposition declared : 02/07/2014 Incident number : L14020669 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 3429 13th 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 GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 470 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 114286 02/10/14 Ruby Tuesday, Business Involved NM 190227 02/10/14 DeLine, Jeff M Liquor Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 LT21 Restaurant LAW INCIDENT NARRATIVE: Jeff DeLine is Applying to be the Liquor Manager at Ruby Tuesday. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF AOFF Alcohol Offense 0.00 Grand Island Council Session - 2/25/2014 Page 30 / 150 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 15:34:15 02/10/2014 318 Grand Island Police Department Supplemental Report Date, Time: Mon Feb 10 15:34:30 CST 2014 Reporting Officer: Vitera Unit- CID Jeff DeLine is applying to be the liquor manager at Ruby Tuesday. According to his application, he has lived in Oregon for at least the last ten years. Jeff moved to Grand Island in late 2013. Since Jeff hasn't lived in Nebraska for very long, it is no surprise that he didn't have an entry in Spillman, and he didn't have any convictions listed in NCJIS. I checked Jeff for warrants and didn't find any. I did a general Internet check and didn't find anything damaging to the application. I also checked an online law enforcement-only database and didn't find anything that would preclude Jeff from being the liquor manager at Ruby Tuesday. The application asks the applicant to list his last two employers and his supervisor. I called the one at the top where he had worked for the last ten years. The supervisor said he has only known Jeff for a little more than a year, but he had nothing but good things to say about him. Since I can't run NCIC criminal history checks on liquor license applicants, we will have to rely upon the information provided to the State of Nebraska which would include a fingerprint submission to determine criminal history. Assuming there are no problems at the State level, the Grand Island Police Department has no objection to Jeff DeLine becoming the liquor manager at Ruby Tuesday. Grand Island Council Session - 2/25/2014 Page 31 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-6 #2014-29 - Approving Acquisition of Utility Easement - 1011 Claude Road - Morrison Enterprises, LLC This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 2/25/2014 Page 32 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2014-29 WHEREAS, a public utility easement is required by the City of Grand Island, from Morrison Enterprises, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on February 25, 2014, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the Southwest corner of the Northeast Quarter (NE1/4), Section Twenty Four (24), Township Eleven (11) North, Range Ten (10) West of the 6th PM, Grand Island, Hall County, Nebraska; thence easterly along the, southerly line of the said Northeast Quarter (NE1/4), on an assumed bearing of N88°49’22”E, a distance of thirty three (33.0) feet to a point on the easterly right- of-way line of Claude Road; thence N00°58’00”W, along the easterly right-of- way line of said Claude Road, a distance of one hundred nine (109.0) feet to the ACTUAL Point of Beginning; thence continuing N00°58’00”W, along the easterly right-of-way line of said Claude Road, a distance of twenty (20.0) feet; thence N89°02’00”E, a distance of thirty (30.0) feet; thence N00°58’00”W, a distance of one hundred ten and ninety nine hundredths (110.99) feet; thence S89°02’00”W, a distance of thirty (30.0) feet to a point on the easterly right-of- way line said Claude Road; thence N00°58’00”W, along the easterly right-of- way line of said Claude Road, a distance of twenty (20.0) feet; thence N89°02’00”E, a distance of fifty (50.0) feet; thence S00°58’00”E, a distance of one hundred sixty three and sixty six hundredths (163.66) feet; thence S36°58’09”E, a distance of two hundred eighty and seventy four hundredths (280.74) feet; thence S53°01’51”W, a distance of fifty (50.0) feet; thence N36°58’09”W, a distance of two hundred forty five and ninety five hundredths (245.95) feet; thence N00°58’00”W, a distance of seventy and twenty one hundredths (70.21) feet; thence S89°02’00”W, a distance of thirty (30.0) feet to a point on the easterly right-of-way line of said Claude Road, being the said Point of Beginning. The above-described easement and right-of-way containing 0.42 acres, more or less, as shown on the plat dated 1/30/2014, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Morrison Enterprises, LLC, on the above-described tract of land. - - - Grand Island Council Session - 2/25/2014 Page 33 / 150 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska February 25, 2014. _________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 34 / 150 Grand Island Council Session - 2/25/2014 Page 35 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-7 #2014-30 - Approving Bid Award - Mark V HMI Upgrades at Platte Generating Station, Fall of 2014 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/25/2014 Page 36 / 150 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:February 25, 2014 Subject:Mark V HMI Upgrades - Fall 2014 Item #’s:G-7 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Platte Generating Station utilizes a GE Mark V Turbine Control System to control and monitor the turbine. Plant staff interacts with this system using two computers running GE Cimplicity software and Windows NT operating systems, which is no longer being supported by the vendors. Burdick Station also utilizes GE Mark V Turbine Control Systems for the Human Machine Interfaces (HMI) on the gas turbines, which are identical software and computers to those found at Platte Generating Station. As the computers on the turbine control systems are critical to unit operation, it is essential to modernize the existing software and computers. The specifications included upgrading all four computers and software currently in service. Discussion The specifications for the Mark V HMI Upgrades - Fall 2014 were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on February 6, 2014. The engineer’s estimate for this project was $150,000. Bidder Bid Price Adjustment Bid Price CSE Engineering, Inc.$ 119,544.68 - $ 490.00 (taxes) $ 119,054.68 CSE Engineering, Inc. (Option 1)$ 125,745.33 - $ 546.00 (taxes) $ 125,199.33 GE Energy Control Solutions, Inc.$ 150,934.00 + $ 00.27 (taxes) $ 150,934.27 HPI-LLC $ 377,047.00 - $7,063.40 (taxes) $ 369,983.60 The bids were reviewed by plant engineering staff for conformance with the specifications. The bid from CSE Engineering, Inc., had noted exceptions which included proposing communication protocol that would not be compatible with existing drivers and would require additional cost to the City. Their bid also included a proposed network Grand Island Council Session - 2/25/2014 Page 37 / 150 between computers was found to be less reliable than the existing network. The concerns were addressed with the bidder and were determined to be non-compliant and unacceptable. The bid from GE Energy Control Solutions, Inc. had no exceptions and is compliant with specifications. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council award the Contract for Mark V HMI Upgrades - Fall 2014, to GE Energy Control Solutions of Longmont, Colorado, as the low responsive bidder, with the bid in the amount of $150,934.27. Sample Motion Move to approve the bid in the amount of $150,934.27 from GE Energy Control Solutions, Inc. for the Mark V HMI Upgrades - Fall 2014. Grand Island Council Session - 2/25/2014 Page 38 / 150 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 6, 2014 at 2:00 p.m. FOR:Mark V HMI Upgrades – Fall 2014 DEPARTMENT:Utilities ESTIMATE:$150,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:January 17, 2014 NO. POTENTIAL BIDDERS:2 SUMMARY Bidder:CSE Engineering, Inc.CSE Engineering, Inc. Concord, CA Concord, CA Bid Security:Cashier’s Check Cashier’s Check Exceptions:None None Bid Price:Materials Labor Materials Labor GT2 & GT3 HMI’s:$68,632.00 $3,500.00 $109,719.00 $7,800.00 PGS HMI’s:$36,092.00 $3,500.00 No Bid No Bid Sales Tax:$ 7,330.68 $ 490.00 $ 7,680.33 $ 546.00 Total Bid:$119,544.68 $125,745.33 Bidder:General Electric HPI, LLC Longmont, COL Houston, TX Bid Security:Travelers Casualty & Surety Cashier’s Check Exceptions:None Noted Bid Price:Materials Labor Materials Labor GT2 & GT3 HMI’s:$66,584.00 $13,000.00 $125,740.00 $50,450.00 PGS HMI’s:$50,177.00 $13,000.00 $125,740.00 $50,450.00 Sales Tax:$ 8,173.00 $ 17,604.00 $ 7,063.00 Total Bid:$150,934.00 $377,047.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Grand Island Council Session - 2/25/2014 Page 39 / 150 Mary Lou Brown, City Administrator Jaye Monter, Finance Director Pat Gericke, Utilities Admin. Assist.Karen Nagel, Utilities Secretary Ryan Schmitz, Production Engineer P1704 Grand Island Council Session - 2/25/2014 Page 40 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2014-30 WHEREAS, the City of Grand Island invited sealed bids for Mark V HMI Upgrades at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 6, 2014, bids were received, opened and reviewed; and WHEREAS, GE Energy Control Solutions, Inc., of Longmont, Colorado, 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 $150,934.27. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of GE Energy Control Solutions in the amount of $150,934.27, for Mark V HMI Upgrades at Platte Generating Station, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. _______________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 41 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-8 #2014-31 - Approving Bid Award - Burdick Pump Station High Service Pump #2 Recondition Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/25/2014 Page 42 / 150 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:February 25, 2014 Subject:Burdick Pump Station High Service Pump 2 Recondition Item #’s:G-8 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Burdick Pump Station is part of the City’s municipal water system and includes three high pressure pumps that transfer water from the 3,000,000 gallon Burdick Reservoir to the City’s water distribution system. The pumps were inspected in December, 2013, and a recondition repair scope was developed based on the findings during that inspection. Specifications were developed for reconditioning the Pump 2 at the Burdick Pump Station. The recondition work is scheduled to be completed and the pump returned to service prior to the summer increase in the City’s water system demand. Discussion Specifications for the Burdick Pump Station High Service Pump 2 Recondition were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on February 6, 2014. The engineer’s estimate for this project was $60,000.00. Bidder Bid Price Adjustment Total Bid Engineered Pump Services, Inc., $ 33,927.00 + $ 680.61 tax $ 34,601.61 JCI Industries, Inc. $ 34,860.00 $ 34,860.00 Xylem Water Solutions USA $ 38,233.85 $ 38,233.85 Rotating Equipment Repair $ 48,141.00 + $1,314.32 tax $ 49,455.32 Bids were reviewed by Department engineering staff and the low bidder is compliant with specifications and less than the engineer’s estimate. Grand Island Council Session - 2/25/2014 Page 43 / 150 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council award the Contract for Burdick Pump Station High Service Pump 2 Recondition to Engineered Pump Services of Mukwonago, Wisconsin, as the low responsive bidder, in the amount of $34,607.61. Sample Motion Move to approve the bid for $34,607.61, including sales tax, from Engineered Pump Services for the Burdick Pump Station High Service Pump 2 Recondition. Grand Island Council Session - 2/25/2014 Page 44 / 150 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 6, 2014 at 2:15 p.m. FOR:Burdick Pump Station High Service Pump 2 Recondition DEPARTMENT:Utilities ESTIMATE:$60,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:January 24, 2014 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:Engineered Pump Services, Inc.Rotating Equipment Repair Mukwonago, WI Sussex, WI Bid Security:Cashier’s Check NGM Insurance Co. Exceptions:None None Bid Price: Material:$ 9,723.00 $18,776.00 Labor:$24,204.00 $29,365.00 Sales Tax: ----____ ----___ Total Bid:$33,927.00 $48,141.00 Bidder:JCI Industries, Inc.Xylem Water Solutions U.S.A. Lees Summit, MO Pewaukee, WI Bid Security:West Bend Mutual Ins. Co.Westchester Fire Ins. Co. Exceptions:None None Bid Price: Material:$18,896.00 $12,555.00 Labor:$14,642.00 $24,800.00 Sales Tax:$ 1,322.00 $ 878.85 Total Bid:$34,860.00 $38,233.85 Grand Island Council Session - 2/25/2014 Page 45 / 150 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Pat Gericke, Utilities Admin. Assist.Karen Nagel, Utilities Secretary Mike Steinke, Utilities Dept.Lynn Mayhew, Assist. Utilities Director P1712 Grand Island Council Session - 2/25/2014 Page 46 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2014-31 WHEREAS, the City of Grand Island invited sealed bids for Burdick Pump Station High Service Pump #2 Recondition, according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 6, 2014, bids were received, opened and reviewed; and WHEREAS, Engineered Pump Services of Mukwonago, Wisconsin, 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 $34,607.61; and WHEREAS, the bid of Engineered Pump Services is less than the estimate for the Burdick Pump Station High Service Pump #2 Reconditioning. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid from Engineered Pump Services, in the amount of $34,607.61, for Burdick Pump Station High Service Pump #2 Reconditioning, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. _______________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 47 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-9 #2014-32 - Approving Change Order #1 - Utility Management System - Mainsaver Software Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/25/2014 Page 48 / 150 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:February 25, 2014 Subject:Utilities Management System – Mainsaver Change Order #1 Item #’s:G-9 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 1980’s 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 Proposals 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. On September 24, 2013, the department recommended that the proposal from Mainsaver Software be accepted for the Utilities Management System. The proposal from Mainsaver included 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. Grand Island Council Session - 2/25/2014 Page 49 / 150 Discussion The new management system is currently being integrated into use by Mainsaver and Department staff. During the integration process, various changes unique to the City’s system were recommended by Department staff to Mainsaver to accommodate City or Department requirements or methods, requiring special programming that was not included in the original contract. In many cases, these changes were to allow greater ease of use or acceptance by Department employees, which should promote a smoother transition and favorable long-term benefits from the system to Department operations. The detailed changes and cost breakdowns are provided in the attached contract change orders. Department management staff has reviewed these changes and recommend their approval as being in accordance with the terms of the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council award Change Order #1 to the Contract for Utilities Management System in the amount of $26,040.00. Sample Motion Move to approve Change Order #1 for Utilities Management System to Mainsaver, in the amount of $26,040.00.C Grand Island Council Session - 2/25/2014 Page 50 / 150 TO:Mainsaver Software 1803 Thornmint Road Suite 200 San Diego CA 92127 PROJECT:Utility Management System You are hereby directed to make the following change in your contract: 1.Additional payment per the attached quotations: ADDITION of $26,040.00 The original Contract Sum $ 209,320.00 Previous Change Order Amounts $ 00.00 The Contract Sum is increased by this Change Order $ 26,040.00 The Contract Sum is decreased by this Change Order $ 0.00 The total modified Contract Sum to Date $ 235,360.00 Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:Date: Attest: Approved as to Form, City Attorney ACCEPTED:MAINSAVER SOFTWARE By:Date: Grand Island Council Session - 2/25/2014 Page 51 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2014-32 WHEREAS, Mainsaver Software Inc. of San Diego, California, was awarded the contract for the Utilities Management System, at the September 24, 2013 City Council meeting; and WHEREAS, during the integration process with various divisions of the Utilities Department, changes unique to the City’s system were recommended by Department staff to Mainsaver to accommodate City or Department requirements or methods, requiring special programming that was not included in the original contract; and WHEREAS, these changes will allow for greater ease which should promote a smoother transition and favorable long-term benefits from the system to Department operations; and WHEAREAS, Change Order #1 was prepared for a contract adjustment of an additional amount of $26,040.00, resulting in a final contract amount of $235,360.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with Mainsaver Software, Inc., of San Diego, California, resulting in an additional cost of $26,040.00, for a final contract price of $235,360.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. ___________________________ Jay Vavricek, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 52 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-10 #2014-33 - Approving Agreement with Olsson Associates for Construction Engineering Services for the Various Locations in Grand Island (Resurfacing) Project Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/25/2014 Page 53 / 150 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:February 25, 2014 Subject:Approving Agreement with Olsson Associates for Construction Engineering Services for the Various Locations in Grand Island (Resurfacing) Project Item #’s:G-10 Presenter(s):John Collins, 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 (NDOR) Surface Transportation Program (STP) 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 - 2/25/2014 Page 54 / 150 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 engineering services is 80% of $275,000, or $220,000. Discussion The City of Grand Island solicited the Request for Proposals for Engineering Consulting Services related to the Various Locations (Resurfacing) project on June 28, 2011. The scope of services in the Request for Proposals included Construction Engineering Services. Olsson Associates was selected to perform Construction Engineering Services based on qualifications detailed in the firm’s on-call proposal to NDOR for these services, their experience with Federal Aid Transportation projects, and their familiarity with the Various Locations (Resurfacing) project design and specifications. Public Works Engineering Division staff conducted negotiations to determine the appropriate scope and fee to satisfy FHWA and NDOR requirements and to ensure quality construction inspection and project management. The amount of hours calculated in the services for Construction Inspection and Material Sampling and Testing are considered appropriate; it is vital that observation and testing occur during all critical operations, such as asphalt paving operations and concrete pavement placement. In order to coordinate construction activity with other Public Works and Utility Department projects, and to ensure sufficient notification to Emergency Services, Schools and impacted residents and businesses, and to facilitate timely completion of work, Olsson Associate’s project management staff will be required to conduct weekly on-site progress meetings. Olsson Associates will be paid a fixed-fee-for-profit of $34,289.00 and up to a maximum amount of $270,817.99 for actual costs in accordance with Exhibit “B”, with a total amount of $305,106.99. Since the negotiated cost for the agreement exceeds the maximum amount for construction engineering costs specified in Supplemental Agreement No. 1, the City of Grand Island will be responsible for 100% of the costs in excess of $275,000.00. The total City costs for construction engineering was originally estimated to be $55,000.00, but are now estimated to be $85,106.99; a difference of $30,106.99. Due to heavy project workload in this upcoming construction season, City staff will participate to a limited extent in construction oversight and project management tasks. The tentative start date for construction is April 28, 2014. The project is expected to be completed in late fall of 2014. Grand Island Council Session - 2/25/2014 Page 55 / 150 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approves the agreement with Olsson Associates to perform construction engineering services for the Various Locations in Grand Island (Resurfacing) Project. Sample Motion Move to approve the agreement with Olsson Associates to perform construction engineering services for the Various Locations in Grand Island (Resurfacing) Project. 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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign the attached Construction Engineering Services Agreement between the City of Grand Island and Olsson Associates of Grand Island, Nebraska. NDOR Project No.: URB-5409(2) NDOR Control No.: 42706 NDOR Project Description: Various Locations in Grand Island - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 101 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-11 #2014-34 - Approving Acquisition of Utility Easement in Vlach Subdivision (Vlach Properties, LLC) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/25/2014 Page 102 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2014-34 WHEREAS, a public utility easement is being acquired by the City of Grand Island from Vlach Properties, LLC to allow for construction of Street Improvement District No. 1260; Webb Road – South Webb Road extending north from Stolley Park Road to Union Pacific Railroad Tracks, described as follows: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, VLACH SUBDIVISION, SAID POINT ALSO BEING THE POINT OF BEGINNING, THENCE ON AN ASSUMED BEARING S89°14'57"W, ALONG THE SOUTH LINE OF LOT 2, A DISTANCE OF 33.00 FEET, TO THE WEST LINE OF AN EXISTING EASEMENT RECORDED IN BOOK R, PAGE 100, MISC. RECORDS, HALL COUNTY, NEBRASKA; THENCE N00°58'23"W, ALONG SAID WEST LINE OF AN EXISTING EASEMENT, A DISTANCE OF 442.99 FEET; THENCE N89°04'40"E A DISTANCE OF 33.00 FEET TO THE EAST LINE OF LOT 2; THENCE S00°57'18"E, ALONG SAID EAST LINE OF LOT 2, A DISTANCE OF 20.09 FEET; THENCE S00°57'57"E, ALONG THE EAST LINE OF LOT 2, A DISTANCE OF 350.77 FEET; THENCE S01°00'44"E, ALONG THE EAST LINE OF LOT 2, A DISTANCE OF 72.23 FEET TO THE POINT OF BEGINNING. SAID UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 14,608.71 SQUARE FEET OR 0.34 ACRES MORE OR LESS. WHEREAS, an agreement for the public utility easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement, with no compensation to the property owner, for the public utility easement on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 103 / 150 Grand Island Council Session - 2/25/2014 Page 104 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-12 #2014-35 - Approving Temporary Construction Easement for Street Improvement District No. 1260; Webb Road (Vlach Properties, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/25/2014 Page 105 / 150 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 25, 2014 Subject:Approving Temporary Construction Easement for Street Improvement District No. 1260; Webb Road (Vlach Properties, LLC) Item #’s:G-12 Presenter(s):John Collins PE, Public Works Director Background Street Improvement District No. 1260; Webb Road – South Webb Road extending north from Stolley Park Road to Union Pacific Railroad Tracks was created by City Council on February 12, 2013. A Temporary Construction easement is needed to accommodate the construction activities for Street Improvement District No. 1260, which must be approved by City Council. The temporary construction easements will allow for the roadway improvements to this area. A sketch is attached to show the temporary construction easement area. Discussion A temporary construction easement is needed from one (1) property owner for Street Improvement District No. 1260; Webb Road to be constructed. Engineering staff of the Public Works Department negotiated with the property owner for use of such temporary construction easement. Property Owner Legal Description Amount Vlach Properties, LLC Part of the northeast quarter of the southwest quarter of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th p.m., City of Grand Island, Hall County, Nebraska, and more particularly described as follows: $ 360.00 + $3,688.00 (severance damages) = $4,048.00 Grand Island Council Session - 2/25/2014 Page 106 / 150 Commencing at the southeast corner of Lot 2, Vlach Subdivision; thence on an assumed bearing N01°00'44"W, along the east line of said Lot 2, a distance of 72.23 feet to the southwest corner of a tract of land conveyed as Instrument Number 0200900683, Hall County, Nebraska, and the point of beginning; thence N00°57'57"W, along the west line of said tract of land, a distance of 350.77 feet to the northwest corner of said tract of land; thence N85°42'21"E, along the north line of said tract of land, a distance of 30.05 feet; thence S00°57'57"E a distance of 350.71 feet to the south line of said tract of land; thence S85°36'12"W, along the south line of said tract of land, a distance of 30.05 feet to the point of beginning. Said temporary access easement contains a calculated area of 10,522.16 square feet or 0.24 acres more or less. 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 Temporary Construction Easement between the City of Grand Island and the affected property owner for Street Improvement District No. 1260; Webb Road, in the amount of $4,048.00. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 2/25/2014 Page 107 / 150 AGREEMENT FOR TEMPORARY CONSTRUCTION OCCUPANCY Agreement made and entered into by and between the CITY OF GRAND ISLAND, a municipal corporation of the State of Nebraska, herein referred to as “City”, and VLACH PROEPRTIES, LLC, a Nebraska Limited Liability Company, herein referred to as “Owner”, whether one or more. Recitals WHEREAS, the City intends to construct Street Improvement District No. 1260; South Webb Road extending North from Stolley Park Road to Union Pacific Railroad Tracks, on or adjacent to property owned by Owner; and WHEREAS, it may be necessary for the City, its officers, agents, employees, contractors, subcontractors, and authorized representatives to temporarily enter upon, travel over, excavate, clear, backfill, store materials upon, and otherwise use the lands herein described which are owned by Owner during the aforementioned construction project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained within this agreement, the parties agree as follows: Section One Right of Entry Owner hereby grants to the City, its officers, agents, employees, contractors, subcontractors, and authorized representatives the right to enter upon the following described real estate located in part of the northeast quarter of the southwest quarter of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th p. m., City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the southeast corner of Lot 2, Vlach Subdivision; thence on an assumed bearing N01°00'44"W, along the east line of said Lot 2, a distance of 72.23 feet to the southwest corner of a tract of land conveyed as Instrument Number 0200900683, Hall County, Nebraska, and the point of beginning; thence N00°57'57"W, along the west line of said tract of land, a distance of 350.77 feet to the northwest corner of said tract of land; thence N85°42'21"E, along the north line of said tract of land, a distance of 30.05 feet; thence S00°57'57"E a distance of 350.71 feet to the south line of said tract of land; thence S85°36'12"W, along the south line of said tract of land, a distance of 30.05 feet to the point of beginning. Said temporary access easement contains a calculated area of 10,522.16 square feet or 0.24 acres more or less. to do such work as may be necessary or appropriate for the construction of Street Improvement District No. 1260; South Webb Road extending North from Stolley Park Road to Union Pacific Railroad Tracks and related facilities adjacent to such property. Such right of entry shall include, but not be limited to the right to enter upon, travel over, excavate, clear fences, drives, irrigation lines and other improvements, backfill, store materials upon, and otherwise use the above described premises. Section Two Term of Agreement The premises may be occupied and used by the City for the purposes related hereto during the period beginning the date construction work starts on Street Improvement District No. 1260; South Webb Road extending North from Stolley Park Road to Union Pacific Railroad Tracks and continuing until the construction work is completed. Grand Island Council Session - 2/25/2014 Page 108 / 150 Section Three Valuation of Improvement The parties hereby agree that the improvements located on the above described premises are limited to the following items having values as shown: Item Value Use of Temporary Construction Area $360.00 Severance Damages $3,688.00 Total Compensation $4,048.00 Section Five Compensation The City hereby agrees to pay to Owner the full value as shown for any item destroyed by the City during the term of this agreement. In the event an item is damaged but not destroyed and the parties are unable to agree as to the amount of such damage, the City shall have the option to either pay Owner the full value of the item or items in dispute as shown or submit the issue of damages on the disputed item or items to a board of appraisers appointed under an action in condemnation. In the event the City shall elect to have the damages determined under an action in condemnation, then the City hereby agrees to pay to Owner the amount as finally determined in such action and appeals. The Owner hereby agrees to accept full payment for damages arising from the use of the aforesaid property by City the amount paid by the City in accordance with this agreement. Section Six Remarks The City shall restore the premises to grade prior to the termination of this agreement. Section Seven Assignment It is understood that the rights of the owner do not automatically transfer upon sale or lease of the property. The City agrees to permit assignment of the rights and obligations of Owner to a subsequent buyer or tenant, provided Owner obtains the City’s prior written consent which City shall not unreasonably withhold. DATED: ________________, 2014 VLACH PROPERTIES, LLC BY________________________________ RONALD J. VLACH, OWNER DATED:_____________________, 2014 CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation BY JAY VAVRICEK, MAYOR Grand Island Council Session - 2/25/2014 Page 109 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2013-35 WHEREAS, a temporary construction easement is required by the City of Grand Island, from an affected property owner in Street Improvement District No. 1260; Webb Road project area: Vlach Properties, LLC – 0.24 Acres @ $1,500.00/acre = $360.00 Part of the northeast quarter of the southwest quarter of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th p. m., City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the southeast corner of Lot 2, Vlach Subdivision; thence on an assumed bearing N01°00'44"W, along the east line of said Lot 2, a distance of 72.23 feet to the southwest corner of a tract of land conveyed as Instrument Number 0200900683, Hall County, Nebraska, and the point of beginning; thence N00°57'57"W, along the west line of said tract of land, a distance of 350.77 feet to the northwest corner of said tract of land; thence N85°42'21"E, along the north line of said tract of land, a distance of 30.05 feet; thence S00°57'57"E a distance of 350.71 feet to the south line of said tract of land; thence S85°36'12"W, along the south line of said tract of land, a distance of 30.05 feet to the point of beginning. Said temporary access easement contains a calculated area of 10,522.16 square feet or 0.24 acres more or less. Vlach Properties, LLC – Severance Damages = $3,688.00 Property Condition: Will be restored to the original condition upon completion of work. Property owner will be paid $1,000 to account for access inconvenience (i.e. fuel & labor) during the approximately three (3) weeks of construction activity in the easements. Property owner will also be compensated $2,688.00 for relocation of concrete pile ($28/hour x 3 employees x 8 hours/day x 4 days) currently located in the easement area. WHEREAS, such Temporary Construction easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owner for the Temporary Construction easement on the above described tract of land, in the total amount of $4,048.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 110 / 150 Grand Island Council Session - 2/25/2014 Page 111 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item G-13 #2014-36 - Approving Contract for Soft Drink Service for Aquatic Facilities Staff Contact: Todd McCoy Grand Island Council Session - 2/25/2014 Page 112 / 150 Council Agenda Memo From:Todd McCoy, Parks & Recreation Director Meeting:February 25, 2014 Subject:Contract Award - Soft Drink Services at Island Oasis Water Park and Other Public Swimming Facilities Item #’s:G-13 Presenter(s):Todd McCoy, Parks & Recreation Director Background The City requested proposals for providing soft drink services at Island Oasis Water Park and other public swimming facilities. The proposals offer cost of product along with marketing and support funding that the Company is willing to provide to Island Oasis Water Park. Product pricing and service is provided for pop machines at Lincoln Pool, Lincoln Park wading pool, Stolley Park wading pool, Pier Park wading pool and Grace Abbott Park wading pool along with Island Oasis Water Park. The proposal is for one year with the option to renew for two additional two year terms. Discussion Two proposals were received one each from the PepsiCo Food Service and Coca Cola Bottling Company. It was determined that PepsiCo Food Service provided the overall best proposal to the City. PepsiCo offered lower average pricing on products and will provide approximately $2,800.00 in incentives each year to Island Oasis Water Park. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/25/2014 Page 113 / 150 Recommendation City Administration recommends that the Council award a contract to the PepsiCo Food Service. Sample Motion Move to approve the resolution authorizing the City to award a contract to PepsiCo Food Service to provide soft drink services for City owned aquatic facilities. Grand Island Council Session - 2/25/2014 Page 114 / 150 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR SOFT DRINK SERVICE FOR AQUATIC FACILITIES RFP DUE DATE:January 30, 2014 at 4:00 p.m. DEPARTMENT:Parks & Recreation PUBLICATION DATE:November 17, 2013 NO. POTENTIAL BIDDERS:2 SUMMARY OF PROPOSALS RECEIVED Pepsi Beverages Co.Coca-Cola Grand Island, NE Grand Island, NE cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks & Rec. Secretary Mary Lou Brown, City Administrator Jaye Monter, Finance Director Jeremy Bachmann, Recreation Supt. P1691 Grand Island Council Session - 2/25/2014 Page 115 / 150 Grand Island Council Session - 2/25/2014 Page 116 / 150 Grand Island Council Session - 2/25/2014 Page 117 / 150 Grand Island Council Session - 2/25/2014 Page 118 / 150 Grand Island Council Session - 2/25/2014 Page 119 / 150 Grand Island Council Session - 2/25/2014 Page 120 / 150 Grand Island Council Session - 2/25/2014 Page 121 / 150 Grand Island Council Session - 2/25/2014 Page 122 / 150 Grand Island Council Session - 2/25/2014 Page 123 / 150 Grand Island Council Session - 2/25/2014 Page 124 / 150 Grand Island Council Session - 2/25/2014 Page 125 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2014-36 WHEREAS, the City of Grand Island invited proposals for Soft Drink Services for Island Oasis Water Park and other public Swimming Facilities, according to Request for Proposals on file with the Parks and Recreation Department; and WHEREAS, on January 30, 2014, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, PepsiCo Food Service of Grand Island, Nebraska, submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code; and WHEREAS, the term of the agreement shall be one (1) year beginning March 1, 2014 through February 28, 2015, with options to renew for two (2) additional two (2) year terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of PepsiCo Food Service of Grand Island, Nebraska, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 126 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item I-1 #2014-37 - Consideration of Approving Change Order #1 - Air Quality Control System (AQCS) at Platte Generating Station, AMEC Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/25/2014 Page 127 / 150 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:February 25, 2014 Subject:Air Quality Control System at Platte Generating Station – AMEC - Change Order #1 Item #’s:I-1 Presenter(s):Timothy Luchsinger, Utilities Director Background On December 21, 2011, EPA released the Mercury and Air Toxics Standards (MATS), requiring the maximum achievable control technology for mercury and other hazardous pollutants from electric generating units, with a compliance date of March 2015, although an additional one year for compliance may be granted by individual states. The City of Grand Island hired Kiewit Engineering to study the best options available to meet the MATS requirements. Kiewit developed a specification for an Engineering Procurement Contract (EPC) for the preferred solution and it was publicly bid. On January 8, 2013, Council approved and the City of Grand Island entered in to an Engineering Procurement Contract with AMEC of Tucker, Georgia, to install a scrubber, baghouse, and mercury removal system at the Platte Generating Station for $41,189,331.00. Discussion During the initial engineering process to write the specification for the Air Quality Control System (AQCS), Kiewit Engineering completed a high level study of the existing electrical switchgear to determine if it would be adequate for the new loads. At that time, the exact electrical loads for the AQCS were not known, but it was determined that at least the breakers for the main switchgear would need to be replaced with higher short- circuit rated breakers. After the award of contract, AMEC performed the detailed engineering design of the new AQCS, including the new equipment and electrical ratings, and conducted a detailed study of the 5kv switch gear. The study determined that with the present day loads, the current switchgear is marginal and would be underrated for the new AQCS loads. Grand Island Council Session - 2/25/2014 Page 128 / 150 Several options were investigated to find higher rated breakers to fit into the existing cabinets. Since the existing manufacturer, Federal Pacific, is no longer in business, no suitable replacement breaker is available. The next option considered was to replace all of the switchgear cabinets and breakers. The width of the existing switchgear is only 26 inches, however, today’s standard is 36 inches, so the number of available manufacturers was reduced to two. The original contract only included the replacement of the breakers into the existing cabinets. The cost to replace the switchgear cabinets and breakers is $1,901,117.00, with a credit of $1,004,607.00 for the original replacement of the breakers for a net change of $896,510.00. The basis for the change, the proposed change, and the cost change have been reviewed by both Kiewit and Department management staff, and is contractually justified and reasonable. The total for this Change Order is $896,510.00 and increases the contract by 2.13% to $42,085,841.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends authorizing Change Order #1 to the Air Quality Control System at Platte Generating Station for Switchgear Upgrade, for an addition to the contract price of $896,510.00. Sample Motion Move to approve Change Order #1 with AMEC in the amount of $896,510.00 for the Air Quality Control System at Platte Generating Station. Grand Island Council Session - 2/25/2014 Page 129 / 150 TO:AMEC Kamtech, Inc. 1979 Lakeside Parkway, Suite 400 Tucker, GA 30084 770-688-2500 PROJECT:AQCS-Equipment Purchase and Construction You are hereby directed to make the following change in your contract: 1 Additional payment per the attached spreadsheet. ADD: The original Contract Sum $41,189,331.00 Previous Change Order Amounts -$ The Contract Sum is increased by this Change Order 896,510.00$ The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date 42,085,841.00$ Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:_________________________________Date ________________________ Attest: ___________________________________________________________ Approved as to Form, City Attorney ACCEPTED:AMEC Kamtech, Inc. By: _________________________________Date _________________________ $896,510.00 Change Order #1 Grand Island Council Session - 2/25/2014 Page 130 / 150 City of Grand Island Utilities Department General Work Contract - Change Order EWO7104 AQCS-Equipment Purchase and Construction Comments:Replace switchgear cabinets and breakers to meet today's standards. Contract:$41,189,331.00 Change Order Request Description Amount 001 Replace all switchgear cabinets and breakers $1,901,117.00 002 Credit for replacement of breakers into existing cabinets ($1,004,607.00) 003 004 005 006 007 008 009 010 011 012 013 014 015 TOTAL CHANGE ORDER $896,510.00 Grand Island Council Session - 2/25/2014 Page 131 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2014-37 WHEREAS, AMEC of Tucker, Georgia, was awarded the contract for Air Quality Control System (AQCS) at Platte Generating Station, at the January 8, 2013 City Council meeting; and WHEREAS, a comprehensive study performed by AMEC determined that with present day loads, the current switchgear is marginal and would be underrated for the new AQCS loads; and WHEAREAS, the original contract only included the replacement of the breakers into the existing cabinets; and WHEAREAS, the cost to replace the switchgear cabinets and breakers is $1,901,117.00, with a credit of $1,004,607.00 for the original replacement of the breakers; and WHEREAS, Change Order #1 was prepared for a contract adjustment of an additional amount of $896,510.00, resulting in a final contract amount of $42,085,841.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with AMEC of Tucker, Georgia, resulting in an additional cost of $896,510.00, for a final contract price of $42,085,841.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. ___________________________ Jay Vavricek, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 132 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item I-2 #2014-38 - Consideration of Approving Coal Supply for Platte Generating Station - 87,000 Tons for 2014 and 335,000 Tons for 2015 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/25/2014 Page 133 / 150 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:February 25, 2014 Subject:2014 - 2015 Coal Purchase Item #’s:I-2 Presenter(s):Timothy G. Luchsinger, Utilities Director Background On June 12, 2012, City of Grand Island entered into an Agreement with Western Fuels Association for soliciting the purchase of coal for the Platte Generating Station. This agreement provides for Western Fuels to obtain pricing of coal for the Platte Generating Station as part of their larger coal solicitations for their members. Western Fuels recently went out for bids that included the purchase of 87,000 tons of coal that is needed for the remainder of 2014, and 335,000 tons for 2015 for PGS. Bids were evaluated on heat content of the bid coal, total delivered price including freight cost, and value of the sulfur content of the bid coal: Heat Content – the heat content of Powder River Basin Coals can vary as much as 15%. Freight Costs – are included in the evaluation to determine a total delivered cost at Platte Generating Station. Sulfur Content – in order to operate a coal fired power plant, environmental regulation requires a plant to hold “Emissions Allowances” for regulated sulfur emissions. The allowances are regularly bought and sold by utilities as economic conditions warrant. EPA administers the markets. The price of sulfur allowances for use of each bid coal is a factor in the evaluation. Discussion Western Fuels has provided the separately attached confidential analysis of the bids received. The Department concurs with the Western Fuels Association recommendation Grand Island Council Session - 2/25/2014 Page 134 / 150 that the 2014-15 Coal Supply Contract of 87,000 tons for 2014 and 335,000 tons for year 2015 be awarded to the low compliant bidder, Cloud Peak Energy’s Cordero Rojo Mine. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Coal Supply Contract for 87,000 tons for 2014 and 335,000 tons for 2015 with Cloud Peak Energy’s Cordero Rojo Mine. Sample Motion Move to approve the Coal Supply Contract for 87,000 tons for 2014 and 335,000 tons for year 2015 with Cloud Peak Energy’s Cordero Rojo Mine. Grand Island Council Session - 2/25/2014 Page 135 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2014-38 WHEREAS, the City Electric Department through Western Fuels Association, invited bids for 87,000 tons of coal for the remainder of 2014, and the year 2015 Coal Supply for the Utilities Department, according to the contract specifications; and WHEREAS, it was stipulated that bid prices and/or final award prices would not be publicly disclosed; and WHEREAS, Western Fuels Association reviewed and evaluated the bids for compliance with the specifications and for delivered cost; and WHEREAS, Cloud Peak Energy from the Cordero Rojo Mine, submitted bids in accordance with the terms of the advertisement of bids and the contract specifications and all other statutory requirements contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Cloud Peak Energy, for 87,000 tons for the 2014 Coal Supply, and for 335,000 tons for the 2015 Coal Supply to Platte Generating Station from the Cordero Rojo Mine, is approved as the lowest responsive bid submitted. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. ____________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 136 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item I-3 #2014-39 - Consideration of Approving Applications for Civic and Community Center Financing Fund Grant Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 2/25/2014 Page 137 / 150 Council Agenda Memo From:Cindi McDowell, Community Development Administrator Meeting:February 25, 2014 Subject:Civic and Community Center Financing Fund Grant Applications Item #’s:I-3 Presenter(s):Jaye Monter, Finance Director Todd McCoy, Parks and Recreation Director Cindi McDowell, Community Development Administrator Background The City Of Grand Island through the League of Nebraska Municipalities was advised of the opportunity to submit a pre-application to the State of Nebraska Department of Economic Development (NEDED) for a possible grant up to $1,125,000 from the Civic and Community Center Financing Fund. Discussion The City of Grand Island’s Community Development Division within the Finance Department is proposing to submit two pre-applications before the deadline of February 28, 2014. The NEDED will determine which projects they believe are most qualified based upon applications from all other communities and will invite the municipalities that meet the highest scoring criteria to submit a full application of the project no later than April 11, 2014. Award notification is scheduled for April 30, 2014. Funding from the Civic and Community Center Financing Fund requires a dollar for dollar match and at a minimum; at least one-half of the total matching funds for the project must be in cash. ‘Ready to go’ projects and projects with a higher level of local matching funds shall be preferred over those with a lower level of matching funds. A combination of both public and private funding would qualify as the cash match requirement of the grant. Matching dollars will be defined for consideration in the 2014- 2015 City Of Grand Island budget. Grand Island Council Session - 2/25/2014 Page 138 / 150 Proposed Grant Application No. 1 - Veterans Athletic Field Complex Expansion The Veterans Athletic Complex was built as a result of the Nebraska State Fair relocation at Fonner Park. Currently, the Veterans Complex consists of twelve acres of soccer and four large softball/baseball fields. The fields are used mainly by adult leagues during the summer and fall months. Area youth baseball and softball organizations rent the fields for tournaments and games on weekends and week nights as available. The soccer fields are utilized by the Grand Island Soccer and Heartland Soccer clubs. The Veterans Complex was originally designed with the intention of adding two future phases of development. A construction budget of $1.8 million is estimated to complete the second phase of construction with updates to the existing facility. Developments include adding four youth baseball/softball fields, six acres of soccer, two bathroom/concession buildings, additional parking, shade areas, fencing, landscaping, and update the current concession building which was moved from the former Fonner site. Expanding the Veterans Athletic Field Complex will alleviate scheduling conflicts with local leagues and provide facilities to keep pace with the growing demand of area competitive sports teams and our growing community. With the improvements, the complex will be a desirable location for state and regional tournaments. It is estimated that the annual expense to operate the additional fields will be approximately $70,000 for staffing, fuel, fertilizer, electricity, weed control, equipment, etc. Proposed Grant Application No. 2 – Island Oasis Expansion and Update Island Oasis Water Park opened to the public in the summer of 1993. Grand Island was one of the first few municipalities in Nebraska to build a water park style swimming pool. Peak attendance during the summer of 2002 climbed to over 120,000 swimmers. Expansion projects were completed in 1995 (two enclosed slides), 1997 (lazy river), and 2002 (speed slides). The attendance in recent years averages 40,000 – 70,000 swimmers annually. It was recommended that a dedicated children’s play pool be added to Island Oasis in the 2004 Aquatic Master Plan. The recommendation was made by The Brannon Corporation, an aquatic consulting firm the City hired from Texas to assess swimming facility needs. In the study, The Brannon Corporation stated, “In order to keep its position at the top of the market place, Island Oasis must add new features, remove outdated features, and expand.” In 2007 the City hired Water Technology and Olsson and Associates to design a children’s area project. Funding has not been available to complete the project. A budget of $1.5 million is estimated to complete a dedicated children’s wet play area at Island Oasis. Additionally, $500,000 is recommended for updates which include remodeling the bath house, admission area, paint the pool, replacing exterior wood, PA system, and complete slide and wave machine updates. Grand Island Council Session - 2/25/2014 Page 139 / 150 Eligible project applications will be reviewed and scored up to ten points under each of the following criteria. Project location. (yes/no) A project shall be located in the municipality that applies for the grant. Retention Impact. (1-10) Funding decisions by the Department shall be based on the likelihood of the project retaining existing residents in the community where the project is located, developing, sustaining, and fostering community connections, and enhancing the potential for economic growth in a manner that will sustain the quality of life and promote long-term economic development. New Resident Impact. (1-10) Funding decisions by the Department shall be based on the likelihood of the project attracting new residents to the community where the project is located. Visitor Impact. (1-10) Funding decisions by the Department shall be based on the likelihood of the project enhancing or creating an attraction that would increase the potential of visitors to the community where the project is located from inside and outside the state. Financial support. (1-10) Assistance from the fund must be matched at least equally from local sources. At least fifty percent of the local match must be in cash. Projects with a higher level of local matching funds shall be preferred over those with a lower level of matching funds. Neither the local match nor the items listed for grant assistance should include amounts already expended prior to the date of application for grant assistance. Readiness. (1-10) The applicant’s fiscal and economic capacity to finance the local share and ability to proceed and implement its plan and operate the civic or community center. Project Planning. (1-10) Projects with completed technical assistance and feasibility studies shall be preferred to those with no prior planning In visioning for the growth of our community, we believe these two projects have the highest potential of scoring capability related to project readiness, visitor impact, new resident impact and financial commitment of matching funds from City Council. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the two applications for the Civic and Community Center Financing Fund Grant. 2.Take no action on the issue. Grand Island Council Session - 2/25/2014 Page 140 / 150 Recommendation City Administration recommends that Council approves the two applications for the Civic and Community Center Financing Fund Grant and authorize the Mayor to sign all related documents. Sample Motion Move to approve the two applications for the Civic and Community Center Financing Fund Grant and authorize the Mayor to sign all related documents. Grand Island Council Session - 2/25/2014 Page 141 / 150 Revised December 2013 CIVIC AND COMMUNITY CENTER FINANCING FUND 2014 Application Guidelines The purpose of the Civic and Community Center Financing Act is to support the development of civic, community, and recreation centers throughout Nebraska and to support projects that foster maintenance or growth of communities. The means of support are grants of assistance to municipalities from the Civic and Community Center Financing Fund administered by the Department of Economic Development Eligible projects: The fund may be used for the construction of new civic and recreation centers or the renovation or expansion of existing civic, community, and recreation centers, which may include the conversion, rehabilitation, or reuse of historic buildings. The fund may also be used for preliminary planning related to the development or rehabilitation of eligible projects. The definitions of eligible projects are: Civic Center—a facility that is primarily used to host conventions, meetings, and cultural events and/or a library Community Center—the traditional center of a community, typically comprised of a cohesive core of residential, civic, religious, and commercial buildings, arranged around a main street and intersecting streets Recreation Center – a facility used for athletics, fitness, sport activities, or recreation Planning – engineering and technical studies directly related to eligible projects Eligible applicants: Most Nebraska municipalities are eligible and may apply for a grant in competition with other municipalities. Not eligible is the City of Omaha, the City of Lincoln, the City of Ralston, or other municipality that has received funding under the Convention Center Facility Financing Assistance Act or the Sports Arena Facility Financial Assistance Act. A municipality will own and operate the center, directly or under contract, for which a grant is sought. Grant amounts: Assistance from the fund shall not amount to more than fifty percent of the cost of construction, renovation, or expansion. The minimum amount for a non-planning grant request is $10,000. The maximum amount is determined by the total revenues in the Fund and the population size of a municipality applying for a grant, as follows: Until the balance of the Fund reaches $2,500,000, 1) For a city of the primary class (population of 100,001 to 299,999), $1,500,000; 2) For a municipality with a population of 40,000 but less than 100,000, $750,000; 3) For a municipality with a population of 20,000 but less than 40,000, $500,000; 4) For a municipality with a population of 10,000 but less than 20,000, $400,000; 5) For a municipality with a population of less than 10,000, $250,000. After the balance of the Fund reaches $2,500,000 and until it falls below $1,000,000, 1) For a city of the primary class (population of 100,001 to 299,999), $2,500,000 2) For a municipality with a population of 40,000 but less than 100,000, $1,125,000; 3) For a municipality with a population of 20,000 but less than 40,000, $750,000; 4) For a municipality with a population of 10,000 but less than 20,000, $600,000; 5) For a municipality with a population of less than 10,000, $375,000. The maximum amount of a planning grant is $10,000. The Department will allocate no more than 10% of annual grant funds awarded for planning projects. Grand Island Council Session - 2/25/2014 Page 142 / 150 Revised December 2013 Application Timing and Process: A municipality seeking funding will complete and return a Preliminary Application Form by February 28, 2014. Projects deemed eligible and competitive for funding will be sent Full Application Forms no later than March 14, 2014. Full Application Forms are to be completed and returned to the Department no later than April 11, 2014. Only projects that have been invited to complete Full Applications will be accepted. The Department will evaluate final application forms soon after they are received. Announcement of grants awarded will occur no later than April 30, 2014. All applications and supporting materials must be received in the Department by 5:00pm on the respective due date. Both hard copy and .pdf email attachments are acceptable forms of submission. The Department reserves the right to hold a second application cycle beginning in August, 2014. The announcement of this cycle will be made no later than July 14, 2014. Review Criteria: Full applications will be reviewed and scored by a committee consisting of Department of Economic Development staff as well as invited members of other vested State agencies. The review committee will make a recommendation based off of top scoring applications to the Director of the Department of Economic Development, or their designee, for final approval. Eligible project applications will be reviewed based upon review criteria established in statute (Nebraska Revised Statute 13-2707). Up to ten (10) points will be available for each of the following review criteria. Top scoring applications will be recommended to the Director for approval. The Department reserves the right to establish the maximum amount of funds to be awarded in any given year. Project location. (yes/no) A project shall be located in the municipality that applies for the grant. Retention Impact. (1-10) Funding decisions by the Department shall be based on the likelihood of the project retaining existing residents in the community where the project is located, developing, sustaining, and fostering community connections, and enhancing the potential for economic growth in a manner that will sustain the quality of life and promote long-term economic development; New Resident Impact. (1-10) Funding decisions by the Department shall be based on the likelihood of the project attracting new residents to the community where the project is located. Visitor Impact. (1-10) Funding decisions by the Department shall be based on the likelihood of the project enhancing or creating an attraction that would increase the potential of visitors to the community where the project is located from inside and outside the state. Financial support. (1-10) Assistance from the fund must be matched at least equally from local sources. At least fifty percent of the local match must be in cash. Projects with a higher level of local matching funds shall be preferred over those with a lower level of matching funds. Neither the local match nor the items listed for grant assistance should include amounts already expended prior to the date of application for grant assistance. Readiness. (1-10) The applicant’s fiscal and economic capacity to finance the local share and ability to proceed and implement its plan and operate the civic or community center. Project Planning. (1-10) Projects with completed technical assistance and feasibility studies shall be preferred to those with no prior planning. Grand Island Council Session - 2/25/2014 Page 143 / 150 Revised December 2013 CIVIC AND COMMUNITY CENTER FINANCING FUND GRANT ASSISTANCE - 2014 PRELIMINARY APPLICATION FORM NAME OF MUNICIPALITY APPLYING FOR GRANT: ____________________________________________ EXISTING OR PRELIMINARY NAME OF CIVIC CENTER OR COMMUNITY CENTER FOR WHICH GRANT ASSISTANCE IS BEING REQUESTED: _____________________________________________________________________________________ AMOUNT OF GRANT REQUEST (See grant amount limitations in announcement): $_________________  ATTACHMENT ENCLOSED: BRIEF DESCRIPTION OF THE CENTER (This summary should be at least one paragraph, but no more than one page. Please be clear and concise.) PERSON PREPARING PRELIMINARY APPLICATION: NAME: ___________________________________________________________________________ ADDRESS: ___________________________________________________________________________ ___________________________________________________________________________ PHONE: ___________________________ E-MAIL: _____________________________________ CHIEF ELECTED OFFICER OF MUNICIPALITY APPLYING FOR GRANT: NAME: ____________________________________________________________________________ TITLE: ___________________________________________  The Facility in question is, or will be, owned and operated by the municipality SIGNATURE: _______________________________________________ DATE: ___________________ RETURN COMPLETED PRELIMINARY APPLICATION FORM AND BRIEF DESCRIPTION OF CENTER TO: Kevin Andersen Nebraska Department of Economic Development P.O. 94666 Lincoln, NE 68509-4666 (402) 471-3775 kevin.s.andersen@nebraska.gov Grand Island Council Session - 2/25/2014 Page 144 / 150 Grand IslandCouncil Session - 2/25/2014Page 145 / 150 Grand IslandCouncil Session - 2/25/2014Page 146 / 150 Approved as to Form ¤ ___________ February 21, 2014 ¤ City Attorney R E S O L U T I O N 2014-39 WHEREAS, the City of Grand Island, Nebraska, will seek the opportunity to apply for a $1,125,000 grant request from the Civic and Community Center Financing Fund from the State of Nebraska’s Department of Economic Development Department; and WHEREAS, the City of Grand Island will submit two applications established from the vision of city projects meeting the highest potential of scoring criteria based upon project readiness, visitor impact, new residence impact and financial commitment from City Council; and WHEREAS the City will submit applications for the Veterans Athletic Field Complex Expansion and the Island Oasis Water Park Expansion and Facility Update. 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 grant funding; and The Mayor is hereby authorized and directed to execute documentation on behalf of the City of Grand Island for such process. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 25, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/25/2014 Page 147 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item J-1 Approving Payment of Claims for the Period of February 12, 2014 through February 25, 2014 The Claims for the period of February 12, 2014 through February 25, 2014 for a total amount of $6,587,476.98. A MOTION is in order. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 2/25/2014 Page 148 / 150 City of Grand Island Tuesday, February 25, 2014 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 - 2/25/2014 Page 149 / 150 City of Grand Island Tuesday, February 25, 2014 Council Session Item X-2 Strategy Session with Respect to Labor Negotiations with IBEW Local 1597 and Utilities, Wastewater, Finance, and Service Clerical 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 - 2/25/2014 Page 150 / 150