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05-13-2014 City Council Regular Meeting Packet City of Grand Island Tuesday, May 13, 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 - 5/13/2014 Page 1 / 133 City of Grand Island Tuesday, May 13, 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 - Pastor Rene Lopez, Iglesia de Dios, 2325 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 - 5/13/2014 Page 2 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item E-1 Public Hearing on Acquisition of Utility Easement - 539 S. Shady Bend Road - Tommy Jr. & Carey Ummel Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 3 / 133 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:May 13, 2014 Subject:Acquisition of Utility Easement – 539 S. Shady Bend Road – Tommy Jr. and Carey Ummel Item #’s:E-1 & G-5 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 Tommy L. Ummel, Jr., and Carey Ummel, located through a part of Lot Two (2), Ummel Second Subdivision (539 S. Shady Bend Road) in Hall County, Nebraska, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place conduit, high voltage power cable, and a pad- mounted transformer to provide electric service to the new home on Lot 2. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 5/13/2014 Page 4 / 133 Grand Island Council Session - 5/13/2014 Page 5 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - 567 Shady Bend Road - Tommy Ummel Sr. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 6 / 133 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:May 13, 2014 Subject:Acquisition of Utility Easement – 567 Shady Bend Road – Tommy Ummel Sr. Item #’s:E-2 & 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 Tommy L. Ummel, Sr., located through a part of Lot Three (3), Ummel Second Subdivision (567 Shady Bend Road) in Hall County, Nebraska, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place conduit and high voltage cable on Lot 3 to provide electrical service to Lot 2. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 5/13/2014 Page 7 / 133 Grand Island Council Session - 5/13/2014 Page 8 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement - East of the UPRR Tracks and South of Airport Road - Darling National, LLC Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 9 / 133 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:May 13, 2014 Subject:Acquisition of Utility Easement – East of the Union Pacific Railroad Tracks and just South of Airport Road – Darling National, LLC Item #’s:E-3 & G-7 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 Darling National, LLC, located through a part of Lot One (1) Wilson’s Subdivision, Hall County, Nebraska (east of the Union Pacific Railroad tracks, and just south of Airport Road), in order to have access to install, upgrade, maintain, and repair water lines. Discussion Water Main District 466T has been designed to construct a 16-inch diameter water main along the south side of Airport Road, and a permanent easement needs to be obtained for the location of the new main. The owner has agreed to let the City acquire the easement for one dollar ($1.00). 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 - 5/13/2014 Page 10 / 133 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 - 5/13/2014 Page 11 / 133 Grand Island Council Session - 5/13/2014 Page 12 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item E-4 Public Hearing on Acquisition of Utility Easement - 3010 W. Faidley Avenue - Stec Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 13 / 133 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:May 13, 2014 Subject:Acquisition of Utility Easement – 3010 W. Faidley Avenue - Stec Item #’s:E-4 & G-9 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Steven A. Stec, Trustee and Rebecca J. Stec, Trustee, located through a part of Lot Two (2) Colonial Estates Second Subdivision, in the City of Grand Island, Hall County, Nebraska (along the property line of 3010 W. Faidley Avenue), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to provide a location for a new pad-mounted transformer between the business owned by Stec (Lot 2), and Grand Island Therapy (Lot 1). The electric system is being upgraded and the overhead line across Faidley Avenue removed. This will also provide a looped feed in the future. 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 - 5/13/2014 Page 14 / 133 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 - 5/13/2014 Page 15 / 133 Grand Island Council Session - 5/13/2014 Page 16 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item E-5 Public Hearing on Acquisition of Utility Easement - South of Fonner Park Road in the NW Corner of Fonner Park - Hall County Livestock Improvement Assoc. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 17 / 133 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:May 13, 2014 Subject:Acquisition of Utility Easement – just South of Fonner Park Road at Fonner Park – Hall County Livestock Improvement Association Item #’s:E-5 & G-10 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of the Hall County Livestock Improvement Association, located just south of Fonner Park Road on City of Grand Island leased property at Fonner Park, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair water lines, valves and fire hydrants. Discussion Hall County Livestock Improvement Association has installed a water line and fire hydrant on the north side of the State Fair Administration Building and would like to transfer the ownership to the Utilities Department, which would provide for the line and hydrant to become an asset of the Department and be repaired and maintained by the Department. The easement will allow the Department to handle those tasks while remaining within City easements. 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 - 5/13/2014 Page 18 / 133 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 - 5/13/2014 Page 19 / 133 Grand Island Council Session - 5/13/2014 Page 20 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item E-6 Public Hearing on Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (K. Diane Bockmann) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/13/2014 Page 21 / 133 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 13, 2014 Subject:Public Hearing on Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (K. Diane Bockmann) Item #’s:E-6 & G-14 Presenter(s):John Collins PE, Public Works Director Background A public utility easement is needed to accommodate the extension of sanitary sewer to Interstate 80. The public utility easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easement. Such sanitary sewer district was created by City Council through Ordinance No. 9348 at the December 6, 2011 meeting. Discussion The purchase price of the necessary public utility easement is as follows, and has been agreed upon between the City and the property owner. Property Owner Legal Description Amount K. Diane Bockmann, Trustee PERMANENT EASEMENT NO. 1 A TRACT OF LAND LOCATED IN THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S87o07’38”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼) A DISTANCE OF 147.50 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF $18,606.08 Grand Island Council Session - 5/13/2014 Page 22 / 133 BEGINNING; THENCE S01o10’04”E ALONG SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1331.97 FEET TO THE SOUTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼); THENCE S87o21’09”W ALONG SAID SOUTH LINE A DISTANCE OF 30.01 FEET; THENCE N01o10’04”W PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1252.34 FEET; THENCE S88o49’56”W A DISTANCE OF 30.00 FEET; THENCE N01o10’04”W PARALLEL WITH AND 60.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 78.62 FEET TO THE NORTH LINE OF SAID SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE N87o07’38”E ALONG SAID NORTH LINE OF THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 60.03 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 42,328 SQUARE FEET OR 0.972 ACRES MORE OR LESS. AND PERMANENT EASEMENT NO. 2 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE ¼); THENCE S87o21’09”W ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 138.88 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF BEGINNING; THENCE S01o20’08”E (ASSUMED BEARING) ALONG SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 498.14 FEET; THENCE S87o53’28”W A DISTANCE OF 30.00 FEET; THENCE N01o20’08”W PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 497.86 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE ¼); THENCE N87o21’09”E ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 14,940 SQUARE FEET OR 0.343 ACRES MORE OR LESS. Grand Island Council Session - 5/13/2014 Page 23 / 133 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 acquisition of the necessary Public Utility Easement. Sample Motion Move to approve the acquisition of the necessary Public Utility Easement. Grand Island Council Session - 5/13/2014 Page 24 / 133 Grand Island Council Session - 5/13/2014 Page 25 / 133 Grand Island Council Session - 5/13/2014 Page 26 / 133 Grand Island Council Session - 5/13/2014 Page 27 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item E-7 Public Hearing Request from Elsa Vasquez dba La Zona Rosa Night Club, 611 East 4th Street for a Class “I” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 5/13/2014 Page 28 / 133 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 13, 2014 Subject:Public Hearing on Request from Elsa Vasquez dba La Zona Rosa Night Club, 611 East 4th Street for a Class “I” Liquor License Item #’s:E-7 & I-1 Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Elsa Vasquez dba La Zona Rosa Night Club, 611 East 4th Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Grand Island Council Session - 5/13/2014 Page 29 / 133 After a background investigation by the Grand Island Police Department and the Nebraska State Patrol it is recommended that the City Council deny the request according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) based on a false application. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council deny this application. Sample Motion Move to deny the application for Elsa Vasquez dba La Zona Rosa Night Club, 611 East 4th Street for a Class “I” Liquor License based on a false application according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). Grand Island Council Session - 5/13/2014 Page 30 / 133 04/11/14 Grand Island Police Department 450 15:59 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 14:56:48 04/01/2014 Occurred before : 14:56:48 04/01/2014 When reported : 14:56:48 04/01/2014 Date disposition declared : 04/01/2014 Incident number : L14040070 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 611 4th St E State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 10513 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 72588 04/11/14 Rodriguez, Delmi Aracely Building Owner NM 144179 04/11/14 Ortega, Lucia Translator NM 45661 04/01/14 Ortega, Elsa Owner NM 141536 04/01/14 La Zona Rosa Night CLub, Business LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 LT03 Bar/Night Club LAW INCIDENT NARRATIVE: Elsa Vasquez is Applying for a New Liquor License for Lazona Rosa Nightclub. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- Grand Island Council Session - 5/13/2014 Page 31 / 133 1 AOFF AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 10:10:58 04/03/2014 Grand Island Police Department Supplemental Report Date, Time: Thu Apr 03 10:11:12 CDT 2014 Reporting Officer: Vitera Unit- CID Elsa Vasquez is applying for a Class I Individual liquor license for the La Zona Rosa Nightclub. According to Elsa's application, she has lived in Grand Island since at least 1998, and she has no criminal convictions. Elsa is not borrowing any money from any source to establish and/or operate the business, no one else will be sharing in the profits, and none of the furniture, fixtures, or equipment for the nightclub will be owned by anyone else. Elsa provided documentation with her application indicating that she is a Naturalized U.S. Citizen. Elsa is leasing the building from Delmi Rodriguez, and Elsa plans on opening the business on May 1st. I checked Elsa through Spillman and NCJIS and did not locate any convictions. I also checked Elsa through a law enforcement-only database and found that she has had four judgments against her (not verified). I did a general Internet search on Elsa but could not pinpoint anything. On 4/7/14, I contacted Elsa by telephone. We agreed to meet at La Zona Rosa on 4/8/14 at 1500 hours. Investigator Fiala with NSP and I met with Elsa at the agreed upon time and location. Elsa brought her daughter (Lucia Ortega) to translate. Elsa also invited Delmi Rodriguez who was present for some of the meeting. Investigator Fiala had some standard questions he asked Elsa, and then I asked some questions about her application. Delmi was asked to leave while we spoke to Elsa. One of the first things I noticed on Elsa's application is that she listed her contact e-mail address as "Delmi41@hotmail.com." I asked Elsa if she has her own e-mail address. She advised that she does, however, she just got it a couple of weeks ago. I had a hard time determining if she had her own e-mail address prior to filling out the application. I also asked Elsa about the fact that she had marked on her application that she isn't borrowing any money to run the business, and none of the Grand Island Council Session - 5/13/2014 Page 32 / 133 furniture, fixture or equipment will be owned by someone else. Elsa advised that she is attempting to borrow $22,000 from Wells Fargo. She didn't apply for the loan until after the application was filled out, however, she knew prior to the submission of the application that she would need a loan. Elsa anticipates about $5,000 of the total amount of the loan will be used for the bar business. The rest of the money will be used to pay other bills. Elsa also acknowledged that Delmi owns the furniture, fixtures, and equipment inside the building. I asked Elsa to explain why the application was filled out incorrectly. She advised that she and Delmi met with Thomas Wagoner (attorney listed on application) who helped with the application. Elsa said Thomas went over the application with them line-by-line, but Delmi answered the questions. The answers make perfect sense considering that Delmi owns the building and the contents. Elsa also advised that Delmi paid Thomas Wagoner for helping with the application. Elsa didn't know if Delmi paid by cash, check, or credit card. Investigator Fiala and I asked Elsa more about her experience and ideas about the bar business. Elsa said she has never worked in a bar or had anything to do with the serving or selling of alcohol. Elsa said she had never been inside La Zona Rosa when Delmi was running it. Elsa said she plans on continuing to work at JBS and be present all the time at the nightclub which she said will be open Friday, Saturday, and Sunday night from approximately 9 PM until 1 AM. She plans on having about seven employees who will be comprised of some family members. She also plans to have security but hasn't checked into hiring anyone. Elsa said that Delmi is going to "orientate" her about the bar business. When asked what that means, Elsa said Delmi will help her understand how to treat the customers and handle problems. Elsa also advised that when Delmi asked her about leasing the building and opening up the La Zona Rosa, Delmi asked her if she is a U.S. Citizen and has a clean record. Delmi also told Elsa that she would help her out anyway she could. Investigator Fiala and I told Elsa about some of the problems that were encountered at La Zona Rosa while Delmi was part of the business. We also informed her about all the liquor laws she will need to be familiar with along with the possibility of being held accountable administratively, civilly, and criminally for violations of the laws. Elsa was astounded. She said she had no idea regarding the problems at the old La Zona Rosa, all the laws she is going to have to know, or the liability issues surrounding the business. Elsa said she was going to withdraw her application. Prior to meeting with Elsa, I had done some research on Delmi Rodriguez. Through communication with ICE, I learned that Delmi is not individually eligible to receive a liquor license due to her immigration status. All in all, it seems to be fairly clear to me that Delmi is using Elsa to get a liquor license at La Zona Rosa since she can't. Delmi's e-mail address is listed as contact information for the applicant. According to Elsa, Delmi was present with the attorney when the application was filled out, and Delmi answered the questions and paid the attorney. Delmi also made sure that Elsa is a U.S. Citizen and has a clean record. With the Grand Island Council Session - 5/13/2014 Page 33 / 133 way some of the questions on the application were answered (loan & items in the building), this looks like Delmi's application with Elsa's name on it. The application is false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01), and the Grand Island Police Department recommends that the city council not give local approval to this license. Grand Island Council Session - 5/13/2014 Page 34 / 133 4TH ST EO A K S T N VIN E S T N 5TH ST EB E A L S T7TH ST ES T P A U L R D 2ND ST E3R D ST EU P R R D R U P W A Y 1ST ST EPIN E S T N S Y C A M O R E S T N M A R K E T S T 8TH ST E6TH ST E9TH ST ESOUTH FRONT ST EP L U M S T N P L U M S T S DIVISION ST E10TH ST E3RD ST W KI M B A L L A V E N VIN E S T S8ST ST EU S H IG H W A Y 30 E L A MB E R T S T P O P L A R S T O A K S T S S U P E R IO R S T C H E R R Y S T S6TH ST EP L U M S T N VIN E S T N9TH ST E7TH ST E8TH ST E6TH ST E5TH ST E7TH ST EKIM B A LL A V E N L A M B E R T S T µ Liquor Application611 E 4th StreetLa Zona Rose Night Club Legend Street CenterlineLiquor License Locations611 E 4th St. 1500' Radius Grand Island Council Session - 5/13/2014 Page 35 / 133 3RD ST W O A K S T N E L M S T N JOHN ST W E D D Y S T N PIN E S T N 7TH ST W KOENIG ST W 4TH ST W 1ST ST W 5TH ST W 9TH ST W 6TH ST W VIN E S T N CHAR LES ST W 8TH ST W BROADWELL AVE NDIVISIO N ST W S Y C A M O R E S T N W A L N U T S T N 4TH ST EC L A R K S T N E D D Y S T S2ND ST W WH E E L E R A V E NPARK AVE NVINE ST SOAK ST SLIN C O L N A V E N L O C U S T S T N LOCUST ST SC L A R K S T SA D A M S S T S B E A L S THUSTON AVE NLIN C O L N A V E SNORTH FRO NT ST W E L M S T SWHITE AVESTATE ST W 7TH ST E5TH ST EG R A N T S T S C L A Y S T SDARR AVE NTIL D E N S T SSOUTH FRONT ST WGRAND ISLAND AVE N1ST ST EA D A M S S T N 10TH ST E2ND ST EDODGE ST G R E E N WIC H S T S LO U ISE ST W ANNA ST W L O G A N S T S C E D A R S T NBOGGS AVE NC L E B U R N S T S 3RD ST EW A S HIN G T O N S T N 12TH ST E14TH ST E15TH ST EBISMARK RD E17TH ST EHALL ST U P R R D R UP W AYBLAKE ST M A R K E T S T M O N R O E S T S C E D A R S T S M A D IS O N S T S 11TH ST W 10TH ST W 13TH ST W 14TH ST W 15TH ST W 17TH ST W SOUTH ST EPINE ST SASHTON AVE E 8TH ST E16TH ST EWA S H IN G T O N S T S KIMBALL AVE S11TH ST E RUBY AVE18TH ST E12TH ST W 13TH ST E 16TH ST W DIVISION ST ESYCAMORE ST SFONNER PARK RD E 11TH AVE W PHOENIX AVE W FONNER PARK RD W YUND STG R E E N WIC H S T N COLLEGE ST 19TH ST EWAUGH ST W PLUM ST SST PAUL RDBLAI NE ST SFAIDLEY AVE W PROSPECT ST 18TH ST W J E F F E R S O N S T N OLD LINCOLN HW Y W OKLAHOMA AVE EWA L N U T S T S M A DIS O N S T N L A M B E R T S T PHOENIX AVE E KOENIG ST E EUGENE ST S6TH ST EHARRISON ST S9TH ST ENEBRASKA AVE COVENTRY LN P O P L A R S T OXNARD AVE C L E B U R N S T N SO UTH FRO N T ST EPLUM RDHANSEN ST P L U M S T N DELAWARE AVE E19TH ST W STOEGER DR 20TH ST W WINDOLPH AVE J E F F E R S O N S T S G R A N T S T N M E M O R IA L D R TIL D E N S T N SUNSET AVE EEVANS STKI M B A L L A V E N G A R FIE L D A V E S WA R R E N L N GUNSMITH TRL COURT ST E SOUTH ST W PHOENIX CTC H E R R Y S T S L A M B E R T S T C L A R K S T N C E D A R S T N 9TH ST E15TH ST E G R E E N WIC H S T S 5TH ST E15TH ST W ANNA ST W M A DIS O N S T N PINE ST SW H E E L E R A V E N 2ND ST W 13TH ST W 13TH ST W 6TH ST W 16TH ST W RUBY AVEP L U M S T N L O C U S T S T N G R E E N WIC H S T N12T H ST W 13TH ST ELOCUST ST SS T P A U L R D H A R RIS O N S T S C E D A R S T N VIN E S T N C L E B U R N S T N11TH ST W 14TH ST W 4TH ST W 12TH ST E 10TH ST W VINE ST SPINE ST S11TH ST ELO U ISE ST W 14TH ST E C L E B U R N S T N µLegend Street CenterlineBoundaryLiquor License Locations Grand Island Council Session - 5/13/2014 Page 36 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item F-1 #9486 – Consideration of Amending Chapter 18 of the Grand Island City Code Relative to the Mechanical Codes Staff Contact: Craig Lewis Grand Island Council Session - 5/13/2014 Page 37 / 133 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:May 13, 2014 Subject:Amending Chapters 18 & 26 of the Grand Island City Code, to Adopt the 2012 Editions of the Uniform Plumbing & Mechanical Codes Item #’s:F-1 & F-2 Presenter(s):Craig Lewis, Building Department Director Background The City of Grand Island has adopted and enforced plumbing and mechanical regulations for several years. Currently the 2009 edition of the Uniform Plumbing and Mechanical Codes are adopted to provide minimum standards for the protection of the public health, safety, and welfare in regard to plumbing and mechanical installations and facilities. This proposal is to amend the City Code to adopt the latest edition of the Uniform Plumbing and Uniform Mechanical Code, that being the 2012 editions. Discussion The City generally adopts published model codes on a three to six year cycle as model codes are published and revised every three years. This edition and adoption is intended to keep Grand Island current with the latest model codes. These modifications have been before the Grand Island Plumbing Board and the Grand Island Mechanical Board and received their approval and endorsement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the ordinance. 2.Disapprove or /Deny the ordinance. 3.Modify the ordinance to meet the wishes of the Council 4.Table the issue Grand Island Council Session - 5/13/2014 Page 38 / 133 Recommendation City Administration recommends that the Council approve the ordinance to adopt the 2012 Uniform Plumbing Code and the 2012 Uniform Mechanical Code and modify Chapters 18 and 26 of the City Code. Sample Motion Move to approve ordinance #9486 to amend Chapter 18 and Ordinance #9487 to amend Chapter 26 of the City Code. Grand Island Council Session - 5/13/2014 Page 39 / 133 Approved as to Form ¤ ___________ May 6, 2014 ¤ City Attorney ORDINANCE NO. 9486 An ordinance to revise Chapter 18 of the Grand Island City Code to adopt the 2012 Uniform Mechanical Code; and to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance, said effective date is June 15, 2014. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 18, Sections 5 and 6 of the Grand Island City Code shall be modified to read as follows: 18-5. Uniform Mechanical Code Adopted The Uniform Mechanical Code, 201209 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Mechanical Code, 201209 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by law. The following appendices shall be adopted along with the Uniform Mechanical Code adopted by this section: 1. Appendix A- Uniform Mechanical Code Standard 6-2 Standard for Metal Ducts. 1.2. Appendix C- Installation and Testing of Oil (Liquid) Fuel-Fired Equipment. Amended by Ordinance No. 9378, effective 05-15-2012 §18-6. UMC - Certain Sections not Adopted It is especially provided that the following chapters, sections, and tables of the Uniform Mechanical Code are not adopted or approved, and the same shall be of no force and effect: 1. Table1-1 Mechanical Permit Fees 2. Chapter 11- Refrigeration. 3. Chapter 14- Process Piping. 4. Chapter 16- Stationary Fuel Cell Power Plants. 5. Appendix B- Procedures to be followed to place gas equipment in operation. 6. Appendix C – Installation and Testing of oil (liquid) fuel-fired equipment. 67. Appendix D- Unit Conversion Tables. Grand Island Council Session - 5/13/2014 Page 40 / 133 ORDINANCE NO. 9486 (Cont.) §18-7. UMC - Public Copy Not less than one copy of the Uniform Mechanical Code adopted pursuant to 18-5 shall be kept on file by the city clerk for inspection by and use of the public. §18-8. UMC - Amendment of Section 101.0 Section 101.1 of the Uniform Mechanical Code is hereby amended to read as follows: 101.1. Title. This document shall be known as the "Uniform Mechanical Code" together with Appendices and any amendments thereto, and shall be cited as such, and will be referred to when used herein or in Chapter18 of the Grand Island City Code as "this Code". §18-9. UMC - Amendment of Subsection 112.1 Subsection 112.1 of the Uniform Mechanical Code is hereby amended to include the following: 112.1. Permits Required. It shall be unlawful for any person, firm or corporation to make any installation, alteration or repair any mechanical system regulated by this Code except as permitted in Subsections 112.2 of this section, or cause the same to be done without first obtaining a permit to do such work from the Grand Island Building Department. (A) A permit is required for the installation or replacement of all fuel burning heating equipment, and water heaters together with all chimneys, vents and their connectors. (B) A permit is required for the installation, repair, or alteration of all fuel gas piping in or in connection with any building or structure or within the property lines of any premises, other than service pipe. A permit is required for the installation or replacement of all warm-air furnaces and heating systems including all chimneys, vents, and their connectors. (C) No Commercial Hoods and Kitchen Ventilation equipment shall be installed without a permit. (D) A separate permit shall be obtained for each building or structure. No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his or her employ. (E) A permit is required for the repair, replacement, or installation of a gas piping. (F) No permit shall be issued to any person to do or cause to be done any work regulated by this Code, except to a person holding a valid unexpired and unrevoked mechanical license as required by this chapter, except when and as otherwise hereinafter provided in this section. (G) Any permit by this code may be issued to do any work regulated by this code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that such person is the bona fide owner of any such dwelling and accessory buildings and quarters, and that the same are currently occupied by said owner, provided, that said owner shall personally purchase all material and shall personally perform all labor in connection therein. This, however, shall exclude all gas piping and venting of fuel combustion appliances. §18-10. UMC - Amendment of Subsection 115.2 Subsection 115.2 of the Uniform Mechanical Code is hereby amended to read as follows: 115.2 Permit Fees. The fee for each permit identified in this chapter shall be set forth in accordance with the City of Grand Island Fee Schedule. §18-11. Reserved Deleted by Ordinance No. 9378, effective 05-15-2012 Grand Island Council Session - 5/13/2014 Page 41 / 133 ORDINANCE NO. 9486 (Cont.) SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, on June 15, 2014. Enacted: May 13, 2014. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 42 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item F-2 #9487 – Consideration of Amending Chapter 26 of the Grand Island City Code Relative to the Uniform Plumbing Codes This item relates to the aforementioned Ordinance item F-1. Staff Contact: Craig Lewis Grand Island Council Session - 5/13/2014 Page 43 / 133 Approved as to Form ¤ ___________ May 6, 2014 ¤ City Attorney ORDINANCE NO. 9487 An ordinance to revise Chapter 26 of the Grand Island City Code to bring it into conformity with the 2012 UPC Code Changes; and to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance, said effective date is June 15, 2014. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Chapter 26, Sections 1 and 2 of the Grand Island City Code shall be modified to read as follows: §26-1. Uniform Plumbing Code Adopted The Uniform Plumbing Code, 201209 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Plumbing Code, 201209 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by law. The following appendices shall be used with the Uniform Plumbing Code adopted by this section: 1. Appendix A – Recommended Rules for Sizing the Water Supply System. 2. Appendix B – Explanatory Notes on Combination Waste and Vent Systems. 3. Appendix CD – Alternative Plumbing Systems.Sizing Stormwater Drainage Systems. 4. Appendix DL – Sizing Storm Water Drainage Systems.Alternate Plumbing Systems. Amended by Ordinance No. 9024, effective 03-01-2006 Amended by Ordinance No. 9118, effective 05-15-2007 Amended by Ordinance No. 9379, effective 05-15-2012 §26-2. UPC - Certain Sections not Adopted It is especially provided that the following chapters, sections, and tables of the Uniform Plumbing Code are not adopted or approved, and the same shall be of no force and effect: 1. Table 103.41-1 - Plumbing Permit Fees. 2. Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems. 3. Chapter 16 – Alternative Water Sources for Nonpotable Applications. water Reuse Systems 4. Appendix E – Manufacture/Mobile Home Parks and Recreational Vehicle Parks. 5. Appendix F – Firefighter Breathing Air Replenishment Systems 6. Appendix HI – Private Sewage Disposal Systems.Installation Standards 7. Appendix IK –Installation standards. Private Sewage Disposal Systems. Amended by Ordinance No. 9024, effective 03-01-2006 Amended by Ordinance No. 9118, effective 05-15-2007 Amended by Ordinance No. 9379, effective 05-15-2012 Grand Island Council Session - 5/13/2014 Page 44 / 133 ORDINANCE NO. 9487 (Cont.) SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, on June 15, 2014. Enacted: May 13, 2014. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 45 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-1 Approving Minutes of April 22, 2014 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 5/13/2014 Page 46 / 133 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 22, 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 April 22, 2014. Notice of the meeting was given in The Grand Island Independent on April 16, 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, Chuck Haase, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Mark Stelk, Mike Paulick, and Vaughn Minton. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works Director John Collins. INVOCATION was given by Father Jonathan Sorenson, St. Mary’s Cathedral Catholic Church, 204 South Cedar Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Jimmy Riley. PRESENTATIONS AND PROCLAMATIONS: Proclamation “School Nurse Day” May 7, 2014. Mayor Vavricek proclaimed May 7, 2014 as “School Nurse Day”. Jill Foltz RN, MSN was present to receive the proclamation. Recognition of Korean War Hero Flights to Washington, D.C. Mayor Vavricek and the City Council recognized the volunteers of the Korean War Hero Flights to Washington, D.C. Ken Brandt, Ken Gnadt, and several Korean War Veterans were present for the recognition. PUBLIC HEARINGS: Public Hearing on Request from the City of Grand Island for a Conditional Use Permit for a 130’ Communications Tower Located at 700 East Bischeld Street. Building Department Director Craig Lewis reported that an application from the Grand Island Utilities Department had been received for a Conditional Use Permit to allow a 130’ lattice communication tower at 700 East Bischeld Street to facilitate departmental communications. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located North of Fonner Park Road between Adams Street and Lincoln Avenue (Chief Fabrication, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located north of Fonner Park Road between Adams Street and Lincoln Avenue was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of providing electrical service to the addition of Chief Industries Fabrication Plant building. Staff recommended approval. No public testimony was heard. Grand Island Council Session - 5/13/2014 Page 47 / 133 Page 2, City Council Regular Meeting, April 22, 2014 Public Hearing on Acquisition of Utility Easement Located the 1st 1/4 Mile West of St. Paul Road on the South Side of Airport Road (Oscar and Rose Ann Bredthauer). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located the first 1/4 mile of St. Paul Road on the south side of Airport Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including water lines for the purpose of constructing Water Main District 466T. The agreed upon appraised value was $6,300.00. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located East of Substation C on the South Side of Airport Road (Douglas and Tamara Petersen). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located east of Substation C on the south side of Airport Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including water lines for the purpose of constructing Water Main District 466T. The agreed upon appraised value was $6,880.00. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located West of Sky Park Road on the South Side of Airport Road (Petersen Farms, Inc.). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located west of Sky Park Road on the south side of Airport Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including water lines for the purpose of constructing Water Main District 466T. The agreed upon appraised value was $6,990.00. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Right-of-Way in Section 24, Township 11 North, Range 10 (Chief Industries, Inc.). Public Works Director John Collins reported that acquisition of a public right-of-way located in Section 24, Township 11 North, Range 10 was needed in order to construct Street Improvement District No. 1261; Westgate Road – North Road east to paved section of Westgate Road. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9482 - Consideration of Creation Sanitary Sewer District No. 532; Westwood Park Subdivision #9483 - Consideration of Amending Chapter 22 of the Grand Island City Code Relative to Parking #9484 - Consideration of Vacation of Lots 69, 70, 71 and 84 of Copper Creek Estates Subdivision #9485 – Consideration of Creation of Sanitary Sewer District No. 533; Lots 1, 2, 21 & 22, all in Block 5 of Valley View Subdivision be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 5/13/2014 Page 48 / 133 Page 3, City Council Regular Meeting, April 22, 2014 #9482 - Consideration of Creation of Sanitary Sewer District No. 532; Westwood Park Subdivision Public Works Director John Collins reported that Council action was needed in order to create Sanitary Sewer District No. 532. A petition signed by 26 residents of the Westwood Park Subdivision was received. A ten year assessment period was recommended. Ordinance #9482 was approved on first reading only at the April 8, 2014 City Council meeting. Motion by Gilbert, second by Donaldson to approve Ordinance #9482 on second and final reading. City Clerk: Ordinance #9482 on second and final passage. All those in favor of the passage of this ordinance on second and 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 second reading and then upon final passage, Ordinance #9482 is declared to be lawfully adopted upon publication as required by law. #9483 - Consideration of Amending Chapter 22 of the Grand Island City Code Relative to Parking Police Chief Steve Lamken reported that Ordinance #9482 was approved on first reading only at the April 8, 2014 City Council meeting with an amendment to increase the unpaid parking tickets from two (2) to five (5). The Police Department requested Council reconsider the number of unpaid parking tickets before a vehicle could be towed and impounded to the initial recommendation of two (2). Motion by Gilbert, second by Mann to approve Ordinance #9483 with the amendment that 2 unpaid parking tickets replace 5 unpaid parking tickets on second and final reading. Discussion was held concerning the number of days a ticket had to be paid. Chief Lamken stated they had five days. Motion by Nickerson, second by Gericke to amend Section 22-106 (B) to allow 25 days after the 5 days when the ticket was due. Upon roll call vote, Councilmembers Nickerson and Haase voted aye. Councilmembers Minton, Paulick, Stelk, Gericke, Gilbert, Hehnke, Donaldson, and Mann voted no. Motion failed. Motion by Haase, second by Gilbert to amend Section 22-106 (4) to change Police Fund to General Fund. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9483 on second and final passage. All those in favor of the passage of this ordinance on second and 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 second reading and then upon final passage, Ordinance #9483 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 5/13/2014 Page 49 / 133 Page 4, City Council Regular Meeting, April 22, 2014 #9484 - Consideration of Vacation of Lots 69, 70, 71 and 84 of Copper Creek Estates Subdivision Motion by Haase, second by Paulick to approve Ordinance #9484 on second and final reading. City Clerk: Ordinance #9484 on second and final passage. All those in favor of the passage of this ordinance on second and 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 second reading and then upon final passage, Ordinance #9484 is declared to be lawfully adopted upon publication as required by law. #9485 – Consideration of Creation of Sanitary Sewer District No. 533; Lots 1, 2, 21 & 22, all in Block 5 of Valley View Subdivision Public Works Director John Collins reported that Council action was needed to create Sanitary Sewer District No. 533. This district would serve the remainder of the Valley View Subdivision. A petition for the sanitary sewer was signed by 1 of the 2 property owners. Motion by Donaldson, second by Hehnke to approve Ordinance #9485. City Clerk: Ordinance #9485 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9485 on second and final passage. All those in favor of the passage of this ordinance on second and 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 second and final passage, Ordinance #9485 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-12 was pulled from the agenda at the request of the City Attorney. Motion by Haase, second by Minton to approve the Consent Agenda excluding item G-12. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of April 8, 2014 City Council Regular Meeting. Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645 South Locust Street. Approving Liquor Manager Designation for Henry Polak, 1316 North Lafayette with J-Boy’s Seven Seas Lounge, 2332 North Broadwell Avenue. #2014-82 - Approving Final Plat and Subdivision Agreement for Copper Creek Estates 7th Subdivision. It was noted that The Guarantee Group, LLC, owner had submitted the Final Plat Grand Island Council Session - 5/13/2014 Page 50 / 133 Page 5, City Council Regular Meeting, April 22, 2014 and Subdivision Agreement for Copper Creek Estates 7th Subdivision for the purpose of creating 31 lots located west of North Road and south of Old Potash Highway containing 5.85 acres. #2014-84 - Approving Acquisition of Utility Easement Located North of Fonner Park Road between Adams Street and Lincoln Avenue (Chief Fabrication, LLC). #2014-85 - Approving Acquisition of Utility Easement Located the 1st 1/4 Mile West of St. Paul Road on the South Side of Airport Road (Oscar and Rose Ann Bredthauer). #2014-86 - Approving Temporary Construction Occupancy Agreement Located the 1st 1/4 Mile West of St. Paul Road on the South Side of Airport Road (Oscar and Rose Ann Bredthauer) in an Amount of $24,533.55. #2014-87 - Approving Acquisition of Utility Easement Located East of Substation C on the South Side of Airport Road (Douglas & Tamara Petersen). #2014-88 - Approving Temporary Construction Occupancy Agreement Located East of Substation C on the South Side of Airport Road (Douglas & Tamara Petersen) in an Amount of $11,719.94. #2014-89 - Approving Acquisition of Utility Easement Located West of Sky Park Road on the South Side of Airport Road (Petersen Farms, Inc.). #2014-90 - Approving Temporary Construction Occupancy Agreement Located West of Sky Park Road on the South Side of Airport Road (Petersen Farms, Inc.) in an Amount of $18,445.00. #2014-91 - Approving Bid Award for Phelps Control Warehouse Construction. This item was pulled from the agenda at the request of the City Attorney. #2014-92 - Approving Bid Awards for Substation J Control Building with Modular Connections, LLC of Springfield, NY in an Amount of $293,469.90 and Substation J Control Relays with Electrical Power Products, Inc. of Des Moines, IA in an Amount of $168,825.00. #2014-93 - Approving Acquisition of Public Right-of-Way in Section 24, Township 11 North, Range 10 (Chief Industries, Inc.). #2014-94 - Approving Change Order No. 1 for the Third and Wheeler Historical Lighting Project with Mid-Plains Power, LLC of Grand Island, NE for an Unchanged Contract Amount of $226,719.40. #2014-95 - Approving Authorization for Emergency Sanitary Sewer Repairs at the Northeast Corner of State Street & Huston Avenue with The Diamond Engineering Company of Grand Island, NE in an Amount of $26,164.12. #2014-96 - Approving Bid Awards for Hot-Mix Asphalt 2014 with J.I.L. Asphalt Paving Co. of Grand Island, NE; Gary Smith Construction Co., Inc. of Grand Island, NE; and Constructors, Inc. of Lincoln, NE. Grand Island Council Session - 5/13/2014 Page 51 / 133 Page 6, City Council Regular Meeting, April 22, 2014 #2014-97 - Approving Bid Award for Handicap Ramp Project No. 2014-HC-1 with Galvan Construction, Inc. of Grand Island, NE in an Amount of $191,064.00. #2014-98 - Approving Interlocal Agreement with Grand Island Public Schools for Walnut Middle School Entry Road Relocation Project. REQUESTS AND REFERRALS: Consideration of Request from the City of Grand Island for a Conditional Use Permit for a 130’ Communications Tower located at 700 East Bischeld Street. This item was related to the aforementioned Public Hearing. Motion by Gericke, second by Minton to approve. Discussion was held concerning a light on the tower. City Attorney Bob Sivick encouraged Council to follow the FAA rules and not require this tower to be lit. Motion by Gilbert, second by Haase to amend the motion to require this tower to be lit in accordance with FAA rules. Upon roll call vote, Councilmembers Minton, Paulick, Stelk, Gilbert, Nickerson, Hehnke, Haase, Donaldson, and Mann voted aye. Councilmember Gericke voted no. Motion adopted. Upon roll call vote of the main motion, all voted aye. Motion adopted. RESOLUTION: #2014-99 - Consideration of Approving Request from the YMCA for Permission to Use City Streets, Hike/Bike Trail, and State Highway for a State Fair Marathon/Half Marathon/5K Race. City Administrator Mary Lou Brown reported that the YMCA in cooperation with the State Fair were expanding the Bill Seymour one half marathon to a full marathon and were seeking Council approval and notice to the Nebraska Department of Roads (NDOR) for the marathon route. State Statute 39-1359 requires the City Council to approve the route and for the City to inform the NDOR that the route had approval if it closed or blocked any part of a State highway. Staff recommended approval. Race Director Jeff Doose representing the YMCA explained the race course. Jay Huston representing Ryder, Rosacker, McCue and Huston, liability insurance carrier for the city, explained the liability exposure to the city. He recommended the sponsors furnish the city with their own liability insurance, but stated it was unlikely the sponsors would be able to supply enough coverage. He did not know at this time what the extra insurance premium would be to the city. Shaun Schleif with the Nebraska State Fair stated this race would be the flattest and fastest course in the nation. They were working on this race being certified and a possible qualifier for the Boston Marathon. Motion by Haase, second by Paulick to approve Resolution #2014-99. Grand Island Council Session - 5/13/2014 Page 52 / 133 Page 7, City Council Regular Meeting, April 22, 2014 City Attorney Bob Sivick stated the permit process would change for all events such as this. Discussion was held regarding the risk and managing events like this. Police Chief Lamken commented on the public safety plans set up for this race with officers controlling traffic intersections. Mentioned was extra cost to the city for Police Department overtime, rent of traffic cones, and liability insurance. Motion by Gilbert, second by Haase to amend the motion so that the costs incurred by the City Departments would be billed back to the event sponsors. Upon roll call vote, Councilmembers Minton, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Haase, and Donaldson voted aye. Councilmembers Paulick and Mann voted no. Motion adopted. Cara Lemburg commented on the number of people attending/participating in this race. Runners would be required to sign a release. The race would start at 6:15 a.m. during the cooler hours of the day and last for 6 hours. Upon roll call vote of the main motion, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Gericke, second by Nickerson to approve the Claims for the period of April 9, 2014 through April 22, 2014, for a total amount of $6,566,133.07. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:43 p.m. RaNae Edwards City Clerk Grand Island Council Session - 5/13/2014 Page 53 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-2 Approving Minutes of May 6, 2014 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 5/13/2014 Page 54 / 133 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION May 6, 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 May 6, 2014. Notice of the meeting was given in the Grand Island Independent on April 30, 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, Mitch Nickerson, Julie Hehnke, Chuck Haase, and Linna Dee Donaldson. Councilmembers Peg Gilbert and Kent Mann were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter, and City Engineer and Public Works Director John Collins. The PLEDGE OF ALLEGIANCE was said. Mayor Vavricek introduced Community Youth Council member John Albers. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Tourism Recognition Month” May 2014. Mayor Vavricek proclaimed the month of May 2014 as “Tourism Recognition Month”. Convention & Visitors Bureau Executive Director Brad Mellema was present to receive the proclamation and showed a two minute video of highlights in Grand Island. SPECIAL ITEMS: Continued Discussion of City Space Needs. City Administrator Mary Lou Brown stated we were continuing the discussion of the space study needs and introduced Emergency Management Director Jon Rosenlund who explained the need for an alternate 911 center. He stated the current alternate 911 center equipment was stored in a closet at Fire Station #1 and takes 30-45 minutes to mobilize the equipment. The equipment differed from the main center with regards to radios, phones, etc. and was difficult to test and exercise regularly. Mr. Rosenlund explained the differences of the current alternate location and the main location at City Hall. The benefits of a full alternate location would maintain the obligation for continuity of operations and provide a geo-diverse 911 system for redundancy. A full alternate location would provide full capabilities for 911 functions and would allow for expanded capacity in a disaster. The following options were presented: 911 Option A: establish a new, main 911 center. Install a smaller alternate 911 center in City Hall. Pros:Cons: Solves both alternate 911 and EOC needs.Most expensive construction costs. Provides new 911 with long term potential.Long timeline. Grand Island Council Session - 5/13/2014 Page 55 / 133 Page 2, City Council Study Session, May 6, 2014 Provides City Hall with room to move staff.Most complex planning. Possibility of higher ongoing costs for facility. 911 Option B: establish new, improved alternate 911 location. Pros:Cons: Provides fully functional alternate 911.Does not provide long-term solution to current 911. Moderate cost for renovation/construction.May not solve alternate EOC issues. Lower ongoing costs for facility than Option A. 911 Option C: improve capabilities of current alternate 911 location. Pros:Cons: Cheapest of all options.May not accommodate necessary functions. Lowest ongoing costs.May not be sufficient in an event. Quickest immediate impact.No solution to alternate EOC. Mr. Rosenlund presented the following costs and challenges: new radio system & geo-diverse 911 system; improved network for Spillman; associated equipment (recorder, NAWAS, printers/copier, fax, etc.); new alarm monitor equipment; purchase/move furniture; and increases in annual operational budget (phone lines, network connectivity, Internet Service Provider, etc.). Fire Chief Cory Schmidt presented the needs for replacing Fire Station #2. Chief Schmidt stated the station was opened in 1957 and currently was the busiest fire station in Grand Island. In 2013 they responded to 1,847 calls which were 41% of all calls. The station was staffed by 5 to 6 Grand Island Fire Department personnel with two ambulances and a fire engine. This station also served as a tornado shelter for the surrounding area. Issues with the current station were that apparatus must be backed in off Boradwell Avenue which required spotters to block traffic placing personnel in a dangerous situation. Traffic backs up in front of the station from 5 Points. The larger apparatus were harder to back into the station. The diverse work force and student riders along with dormitory style sleeping quarters with lack of privacy were mentioned. Issues with the current station were the increased maintenance costs over the past few years. Also mentioned was the poor parking access off the alley and a history of vehicle break-ins. The future needs were: larger truck bay; larger/dedicated classroom; private sleeping quarters; male/female locker rooms; room for additional apparatus/crews; and increased need for airport support and response. Chief Schmidt presented two options for 911/Fire: 1) build new fire station #2 or 2) build joint facility for both 911 center and fire. Public Works Director John Collins reported the next step was for the city to go out for Request for Qualifications (RFQ) to research current practices, assess the City’s needs, develop several concepts with rough estimates, produce plans and specifications, identify potential locations, and oversee construction. Grand Island Council Session - 5/13/2014 Page 56 / 133 Page 3, City Council Study Session, May 6, 2014 Robert Meyer, 648 E. Memorial Drive, former firefighter with the City of Grand Island, commented on the June 1980 tornado and spoke of the importance of having a backup 911 system. He also spoke regarding the need for a new Fire Station #2. Discussion was held concerning funding the current 911 center and money received from the State of Nebraska Civil Defense to help build the current location at city hall. Mr. Rosenlund stated the agreement was still in effect and would continue even if the 911 center moved to a different area. Annually, land line phones collected $250,000 per year in Revenue Fund 215. Revenue Fund 216 collected about $115,000 used to help fund two employees. Location of a new fire station was discussed. Mr. Roselund stated his needs would ideally place a 911 center outside of the flood plain and away from the railroads. There would still be a 911 center in city hall for redundancy. Mayor Vavricek stated any decision with regards to relocating the 911 center would have to have the support from the County as they pay for half the 911 center budget. Discussion was held regarding a new facility and the structure design. Mr. Rosenlund stated the 911 center did not need to be in a basement. City Administrator Mary Lou Brown stated this was just the first step in looking at a new facility and further discussions would be held concerning how it would be paid for. Current debt service was mentioned with some bonds ending in the next few years. Mr. Rosenlund explained the Interlocal Agreement with Hall County and funding for which the county was responsible. Currently the city provided the space and the equipment was owned 50/50 between the city and county. There were very few state funds available for 911 centers. Multi-county alternate location was mentioned. Ms. Brown stated the next step would be to go forward with the RFQ process. ADJOURNMENT: The meeting was adjourned at 9:22 p.m. RaNae Edwards City Clerk Grand Island Council Session - 5/13/2014 Page 57 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-3 #2014-100 - Approving High Intensity Drug Trafficking Area (HIDTA) Grant Funding Staff Contact: Steven Lamken Grand Island Council Session - 5/13/2014 Page 58 / 133 Council Agenda Memo From:Steven Lamken, Police Chief Meeting:May 13, 2014 Subject:Approval of High Intensity Drug Trafficking Area (HIDTA) Grant Funding Item #’s:G-3 Presenter(s):Steven Lamken, Police Chief Background The Police Department has been a member of the Central Nebraska Drug and Safe Streets Task Force for several years. The City acts as the fiscal agent for a portion of the funds used by the Task Force to include off site facility maintenance, vehicle leases and operational funds. The 2014 HIDTA award, 14HD06, is for $55,442.00 and does not require matching funds. Acceptance of the award will provide funding needed for the operations of the Task Force. Discussion The Grand Island Police Department has been a participating member of the regional HIDTA, Central Nebraska Drug and Safe Streets Task Force for several years. The Task Force serves a valuable role in the investigation and prosecution of drug offenders and violent criminals. The HIDTA designation provides Federal funding for the investigative operations of the Task Force. The City serves as the fiscal agent for part of the task force funding that supports the operation and maintenance of the offsite facility, vehicle and cell phone use, and operational funds that are used to buy drugs/weapons and pay informants. The 2014 HIDTA award to the Task Force is $55,442.00. Approval and acceptance of the funding will support the Task Force during the year. The funding does not require a local match. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 5/13/2014 Page 59 / 133 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 acceptance of the 2014 HIDTA award 14HD06 for $55,442.00 for the Central Nebraska Drug and Safe Streets Task Force. Sample Motion Move to approve acceptance of the 2014 HIDTA award 14HD06 for $55,442.00 for the Central Nebraska Drug and Safe Streets Task Force. Grand Island Council Session - 5/13/2014 Page 60 / 133 Grand Island Council Session - 5/13/2014 Page 61 / 133 Grand Island Council Session - 5/13/2014 Page 62 / 133 Grand Island Council Session - 5/13/2014 Page 63 / 133 Grand Island Council Session - 5/13/2014 Page 64 / 133 Grand Island Council Session - 5/13/2014 Page 65 / 133 Grand Island Council Session - 5/13/2014 Page 66 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-100 WHEREAS, the Grand Island Police Department is a member of the Central Nebraska Drug and Safe Streets Task Force; and WHEREAS, the Task Force has been approved for $55,442.00 of HIDTA funding for the operations of the Task Force; and WHEREAS, the Task Force serves an effective role in the investigation and apprehension of drug dealers and violent criminals, and WHEREAS, the City serves as the fiscal agent for the Task Force operational funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve award 14HD06 of $55,442.00 of Federal HIDTA funding for the operation of the Central Nebraska Drug and Safe Streets Task Force. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 67 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-4 #2014-101 - Approving 2014 Justice Assistance Grant (JAG) Application and Funding Staff Contact: Steven Lamken Grand Island Council Session - 5/13/2014 Page 68 / 133 Council Agenda Memo From:Chief Steven Lamken, Police Department Meeting:May 13, 2014 Subject:Edward Byrne Memorial Justice Assistance Grant (JAG) 2014 Item #’s:G-4 Presenter(s):Steve Lamken, Chief of Police Background The Grand Island Police Department and Hall County Sheriff’s Department are eligible to receive Justice Assistance Grant money from the U.S. Department of Justice under the JAG offering in 2014. The total award for Grand Island-Hall County is in the amount of $26,312.00. The monies may be spent over a three year period. The Grand Island Police Department will serve as the fiscal agency on this grant. The Hall County Sheriff’s Department is a disparate agency and will receive twenty five percent of the award totals. The grant will be shared; $6,578 to Hall County and $19,734 to the City of Grand Island. The Department of Justice requires that recipient agencies identify how the funds will be used. The Police Department will use the funds to support our mobile video and computing systems in our patrol fleet as we have done for several years. Discussion There is a requirement that the applicant agency (Grand Island Police Department) make the grant application available for review by the governing body. There is a federal mandate that requires a public hearing regarding the application process and disbursement of the JAG funds. This hearing fulfills the federal mandate. The grant requires an MOU between the applicant (Grand Island) and any disparate agencies (Hall County). By definition, Hall County is a disparate agency eligible for funds. Grand Island Council Session - 5/13/2014 Page 69 / 133 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application and suggested disbursement of JAG funds and the MOU. 2.Reject the application and use of JAG funds Recommendation City Administration recommends that the Council approve the application and suggested disbursement as presented, along with the MOU between the City of Grand Island and Hall County. Sample Motion Move to approve the application and suggested disbursement of Justice Assistance Grant funding and the MOU between the City of Grand Island and Hall County. Grand Island Council Session - 5/13/2014 Page 70 / 133 Edward Byrne Memorial Justice Assistance Grant Program CFDA Number: 16.738 THE STATE OF NEBRASKA COUNTY OF HALL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAND ISLAND, NEBRASKA AND COUNTY OF HALL, NEBRASKA 2014 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into this 13th day of May, 2014, by and between The County of Hall, acting by and through its governing body, The Hall County Board of Supervisors, hereinafter referred to as COUNTY, and the CITY of Grand Island, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Hall County, State of Nebraska, witnesseth: WHEREAS, the City and County may apply for a direct award from the Justice Assistance Grant Program in the amount of $26,312.00 and the City shall act as fiscal agent for this award and file the joint application on behalf of the City and County: and WHEREAS, each governing body, in performing governmental functions or in paying the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or function under this agreement: and WHEREAS, the CITY agrees to provide the COUNTY 25% of the award, $6,578.00 from the $26,312.00 JAG award: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Grand Island Council Session - 5/13/2014 Page 71 / 133 Section 1. CITY agrees to pay COUNTY a total of 25% ($6,578.00) of the 2014 JAG funds ($26,312.00) CFDA NUMBER: 16.738 Section 2. COUNTY agrees to use the $6,578.00 of the 2014 JAG funds by 9-30-2017. Section 3. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. CITY OF GRAND ISLAND, NEBRASKA COUNTY OF HALL, NEBRASKA ___________________________________________________________________ Mayor date:Board Chairperson date: ATTEST: ___________________________________________________________________ City Clerk date:County Clerk date: Grand Island Council Session - 5/13/2014 Page 72 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-101 WHEREAS, the Grand Island Police Department has received notification that they are eligible to apply for $26,312.00 in grant funds under the 2014 Byrne Justice Assistance Grant (JAG) Program and the Hall County Sheriff's Department has been named as a disparate agency; and WHEREAS the Grand Island Police Department as the applicant will act as the fiscal agent; and WHEREAS, the Grand Island Police Department will be allocated $19,734 of the grant funds; and WHEREAS the Hall County Sheriff’s Department will be allocated $6,578 of the grant funds; and WHEREAS, a public hearing was held on May 13, 2014, as required to discuss the proposed use of such funds; and WHEREAS, a memorandum of understanding between the City of Grand Island and Hall County is required as part of the grant application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is hereby granted to enter into a memorandum of understanding (MOU) with Hall County for the application of 2014 JAG funding. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 73 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-5 #2014-102 - Approving Acquisition of Utility Easement - 539 S. Shady Bend Road - Tommy Jr. & Carey Ummel This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 74 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-102 WHEREAS, a public utility easement is required by the City of Grand Island from Tommy L. Ummel Jr., and Cary Ummel, 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 May 13, 2014, for the purpose of discussing the proposed acquisition of a twenty foot wide easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northwest corner of Lot Three (3), Ummel Second Subdivision, Hall County, Nebraska; thence southerly along the westerly line of said Lot Three (3), on an assumed bearing of S01°43’04”W, a distance of twenty five and twenty six hundredths (25.26) feet; thence N59°58’04”E along the centerline of an existing twenty (20) foot wide platted utility easement, a distance of one hundred four and ninety hundredths (104.90) feet; thence N77°57’00”E along the centerline of said existing twenty (20) foot wide platted utility easement, a distance of two hundred eighty three and seventy eight hundredths (283.78) feet; thence N44°29’38”E along the centerline of said existing twenty (20) foot wide platted utility easement, a distance of forty three and fourteen hundredths (43.14) feet; thence N32°45’18”W, a distance of one hundred thirty five and eighty nine hundredths (135.89) feet; thence N00°50’51”E, a distance of twenty four and nine hundredths (24.09) feet to a point on the southerly line of Lot Two (2), Ummel Second Subdivision, being the ACTUAL Point of Beginning; thence continuing N00°50’51”E, a distance of ninety two (92.0) feet; thence N38°17’05”E a distance of one hundred six and nineteen hundredths (106.19) feet; thence N56°29’45”E a distance of one hundred eighty eight and forty five hundredths (188.45) feet; thence N40°52’36”E a distance of one hundred forty nine and forty five hundredths (149.45) feet; thence N84°44’52”E a distance of forty four and fifty five hundredths (44.55) feet; thence S42°44’29”E a distance of thirty two (32.0) feet to a point of termination. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the southerly boundary of Grantor’s property. The above-described easement and right-of-way containing 0.28 acres, more or less, as shown on the plat dated 4/11/2014, 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 Tommy L. Ummel Jr. and Carey Ummel, on the above-described tract of land. Grand Island Council Session - 5/13/2014 Page 75 / 133 - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska May 13, 2014. ______________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 76 / 133 Grand Island Council Session - 5/13/2014 Page 77 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-6 #2014-103 - Approving Acquisition of Utility Easement - 567 Shady Bend Road - Tommy Ummel Sr. This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 78 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-103 WHEREAS, a public utility easement is required by the City of Grand Island from Tommy L. Ummel Sr., 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 May 13, 2014, for the purpose of discussing the proposed acquisition of a twenty foot wide easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northwest corner of Lot Three (3), Ummel Second Subdivision, Hall County, Nebraska; thence southerly along the westerly line of said Lot Three (3), on an assumed bearing of S01°43’04”W, a distance of twenty five and twenty six hundredths (25.26) feet; thence N59°58’04”E along the centerline of an existing twenty (20) foot wide platted utility easement, a distance of one hundred four and ninety hundredths (104.90) feet; thence N77°57’00”E along the centerline of said existing twenty (20) foot wide platted utility easement, a distance of two hundred eighty three and seventy eight hundredths (283.78) feet; thence N44°29’38”E along the centerline of said existing twenty (20) foot wide platted utility easement, a distance of forty three and fourteen hundredths (43.14) feet to the ACTUAL Point of Beginning; thence N32°45’18”W, a distance of one hundred thirty five and eighty nine hundredths (135.89) feet; thence N00°50’51”E, a distance of twenty four and nine hundredths (24.09) feet to a point on the northerly line of said Lot Three (3). The side lines of the above described tract shall be prolonged or shortened as required to terminate on the northerly boundary of Grantor’s property. The above-described easement and right-of-way containing 0.07 acres, more or less, as shown on the plat dated 4/11/2014, 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 Tommy L. Ummel Sr., on the above-described tract of land. - - - Grand Island Council Session - 5/13/2014 Page 79 / 133 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska May 13, 2014. ________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 80 / 133 Grand Island Council Session - 5/13/2014 Page 81 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-7 #2014-104 - Approving Acquisition of Utility Easement - East of the UPRR Tracks and South of Airport Road - Darling National LLC This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 82 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-104 WHEREAS, a public utility easement is required by the City of Grand Island from Darling National LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including water lines, and; WHEREAS, a public hearing was held on May 13, 2014, for the purpose of discussing the proposed acquisition of a twenty-seven foot wide easement located in Hall County, Nebraska; and more particularly described as follows: The southerly twenty seven (27.0) feet of the northerly sixty (60.0) feet of the westerly three hundred twenty six and one tenth (326.1) feet of Lot One (1) Wilson’s Subdivision. The above described easement and right-of-way containing 0.20 acres, more or less, as shown on the plat dated 1/15/2013, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Darling National LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska May 13, 2014. _________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 83 / 133 Grand Island Council Session - 5/13/2014 Page 84 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-8 #2014-105 - Approving Temporary Construction Occupancy Agreement - East of the UPRR Tracks and South of Airport Road - Darling National LLC Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 85 / 133 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:May 13, 2014 Subject:Agreement for Temporary Construction Occupancy – East of the Union Pacific Railroad Tracks and just South of Airport Road – Darling National LLC Item #’s:G-8 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. An Agreement for Temporary Construction Occupancy is needed relative to the property of Darling National, LLC, fifty (50.0) feet wide, south of the permanent easement on the east side of the Union Pacific Railroad, on the south side of Airport Road. Discussion Water Main District 466T has been designed to construct a 16-inch diameter water main along the south side of Airport Road. An Agreement for Temporary Construction Occupancy will be used by the City for the purposes related to the construction work for the Water Main District along the south side of Airport Road. The property owners have agreed to the Agreement for Temporary Construction Occupancy in the amount of One Thousand Three Hundred Ten and No/100 Dollars ($1,310.00). 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 - 5/13/2014 Page 86 / 133 Recommendation City Administration recommends that the Council approve the Agreement for Temporary Construction Occupancy in the amount of One Thousand Three Hundred Ten and No/100 Dollars ($1,310.00). Sample Motion Move to approve the Temporary Construction Occupancy Agreement. Grand Island Council Session - 5/13/2014 Page 87 / 133 Grand Island Council Session - 5/13/2014 Page 88 / 133 Grand Island Council Session - 5/13/2014 Page 89 / 133 Grand Island Council Session - 5/13/2014 Page 90 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-105 WHEREAS, an Agreement for Temporary Construction Occupancy is required by the City of Grand Island from Darling National LLC, to enter upon, travel over, excavate, clear fences, drives, trees, bushes, and other improvements, backfill, store materials upon, and otherwise use the below described premises; and WHEREAS, a public hearing was held on May 13, 2014, for the purpose of discussing the proposed fifty (50.0) foot Temporary Construction Occupancy Agreement located in Hall County, Nebraska; and more particularly described as follows: The southerly fifty (50.0) feet of the northerly one hundred ten (110.0) feet of the westerly three hundred twenty six and one tenth (326.1) feet of Lot One (1), Wilson’s Subdivision. 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 an Agreement for Temporary Construction Occupancy from Darling National LLC, in the amount of $1,310.00, on the above described tract of land, and the Mayor is hereby authorized to sign the Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska May 13, 2014. ________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 91 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-9 #2014-106 - Approving Acquisition of Utility Easement - 3010 W. Faidley Avenue - Stec This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 92 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-106 WHEREAS, a public utility easement is required by the City of Grand Island from Steven A. Stec, Trustee and Rebecca J. Stec, Trustee, 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 May 13, 2014, for the purpose of discussing the proposed acquisition of a twenty foot wide easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The easterly eight (8.0) feet of the southerly sixty (60.00) feet of Lot Two (2) Block Two (2) Colonial Estates Second Subdivision in the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing 0.037 acres, more or less, as shown on the plat dated 4/30/2014, 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 Steven A. Stec, Trustee and Rebecca J. Stec, Trustee, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska May 13, 2014. __________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 93 / 133 Grand Island Council Session - 5/13/2014 Page 94 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-10 #2014-107 - Approving Acquisition of Utility Easement - South of Fonner Park Road in the NW Corner of Fonner Park - Hall County Livestock Improvement Assoc. This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/13/2014 Page 95 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-107 WHEREAS, a public utility easement is required by the City of Grand Island from the Hall County Livestock Improvement Association, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including water lines, valves and fire hydrants; and WHEREAS, a public hearing was held on May 13, 2014, for the purpose of discussing the proposed acquisition of a twenty foot wide easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at Northeast corner of the Northeast Quarter of the Southwest Quarter (NE1/4, SW1/4), Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Grand Island, Hall County, Nebraska; thence Southerly along the easterly line of said Northeast Quarter of the Southwest Quarter (NE1/4, SW1/4), a distance of eighty (80.0) feet to a point southerly right-of-way line of Fonner Park Road; thence on an assumed bearing of N89°13’34”W, along the southerly right-of-way line of said Fonner Park Road, a distance of eight hundred and eighty one hundredths (800.81) feet; thence S25°52’21”E, along a westerly line of an existing Utility Easement described in Instrument Number 201400365, recorded in the Register of Deeds Office, Hall County, Nebraska, a distance of three hundred twenty nine and forty five hundredths (329.45) feet to the ACTUAL Point of Beginning; thence N89°58’36”E along the southerly line of an existing Utility Easement described in said Instrument Number 201400365, a distance of one hundred seven and seven hundredths (107.07) feet; thence S00°01’24”E, a distance of twenty (20.0) feet; thence S89°58’36”W, a distance of one hundred eleven and forty one hundredths (111.41) feet; thence N66°23’05”W, a distance of fifty six and ninety four hundredths (56.94) feet to a point on an easterly line of an existing Utility Easement described in Instrument Number 200908956, recorded in the Register of Deeds Office, Hall County, Nebraska; thence northerly along an easterly line of an existing Utility Easement described in said Instrument Number 200908956, a distance of twenty one and ninety six hundredths (21.96) feet; thence S66°23’05”E, a distance of sixty one and ninety five hundredths (61.95) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.077 acres, more or less, as shown on the plat dated 4/29/2014, 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 Hall County Livestock Improvement Association, on the above-described tract of land. - - - Grand Island Council Session - 5/13/2014 Page 96 / 133 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska May 13, 2014. ________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 97 / 133 Grand Island Council Session - 5/13/2014 Page 98 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-11 #2014-108 - Approving Bid Award - Boiler Feed Pump Motor Refurbishment - Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/13/2014 Page 99 / 133 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:May 13, 2014 Subject: Boiler Feed Pump Motor Refurbishment – Platte Generating Station Item #’s:G-11 Presenter(s):Timothy G. Luchsinger, Utilities Director Background Platte Generating Station has two boiler feed pumps which pump treated water to the boiler for steam production. Each pump provides 100% capacity, which allows for one pump to provide full load operation, with the second pump providing a reliable backup. These high pressure pumps are a critical component in the operation of the plant. The 1B boiler feed pump motor has been in service since 1997 and recently failed while starting, leaving the plant without a reliable backup. Should any problem develop with the operation of the 1A boiler feed pump, Platte Generating Station will not be able to operate. Based on motor inspection results, specifications were developed by plant staff for motor refurbishment and issued in accordance with City purchasing procedures. Discussion The specifications for the Boiler Feed Motor Refurbishment were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on April 29, 2014. The engineer’s estimate for this project was $100,000.00. Bidder Bid Price EmTech, Inc., Grand Junction, CO $ 49,252.75 Illinois Electric Works, Granite City, IL $ 58,850.00 Hupp Electric Motors, Cedar Rapids, IA $ 59,724.00 Integrated Power Services, Denver, CO $ 67,429.39 Siemens, Kansas City, MO $ 79,917.23 Bids were reviewed by plant staff, and the low bid from EmTech, Inc., is compliant with specifications and is less than the engineer’s estimate. Grand Island Council Session - 5/13/2014 Page 100 / 133 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 Boiler Feed Pump Motor Refurbishment to EmTech, Inc., of Grand Junction, Colorado, as the low responsive bidder, with the bid in the amount of $49,252.75. Sample Motion Move to approve the bid of $49,252.75 from EmTech, Inc., for the Boiler Feed Pump Refurbishment at Platte Generating Station. Grand Island Council Session - 5/13/2014 Page 101 / 133 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:April 29, 2014 at 2:00 p.m. FOR:Boiler Feed Pump Motor Refurbishment DEPARTMENT:Utilities ESTIMATE:$100,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:April 17, 2014 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:Hupp Electric Motors Integrated Power Services Cedar Rapids, IA Denver, CO Bid Security:Official Check Westchester Fire Ins. Co. Exceptions:None None Bid Price: Material:$42,777.00 $28,691.91 Labor:$16,947.00 $36,729.04 Sales Tax: ---____$ 2,008.44 Total Bid:$59,724.00 $67,429.39 Bidder:Siemens EmTech, Inc. Kansas City, MO Grand Junction, CO Bid Security:Federal Insurance Co.Cashier’s Check Exceptions:Noted None Bid Price: Material:$39,827.00 $21,525.00 Labor:$35,402.00 $26,221.00 Sales Tax:$ 5,228.23 $ 1,506.75 Total Bid:$79,917.23 $49,252.75 Grand Island Council Session - 5/13/2014 Page 102 / 133 Bidder:Illinois Electric Works Granite City, IL Bid Security:Cashier’s Check Exceptions:Noted Bid Price: Material:$24,750.00 Labor:$30,250.00 Sales Tax:$ 3,850.00 Total Bid:$58,850.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary Darrell Dorsey, Utilities Dept. P1730 Grand Island Council Session - 5/13/2014 Page 103 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-108 WHEREAS, the City of Grand Island invited sealed bids for Boiler Feed Pump Motor Refurbishment at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on April 29, 2014, bids were received, opened and reviewed; and WHEREAS, EmTech, Inc., of Grand Junction, 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 $49,252.75; and WHEREAS, the bid of EmTech, Inc., is less than the estimate for the Boiler Feed Pump Motor Refurbishment at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of EmTech, Inc., in the amount of $49,252.75 for Boiler Feed Motor Refurbishment at Platte Generating Station, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska May 13, 2014. _______________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 104 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-12 #2014-109 - Approving Bid Award - Warehouse Construction at Phelps Control Center Staff Contact: Tim Luchsinger,Stacy Nonhof Grand Island Council Session - 5/13/2014 Page 105 / 133 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:May 13, 2014 Subject:Approving Bid Award - Phelps Control Center New Warehouse Construction Item #’s:G-12 Presenter(s):Tim Luchsinger, Utilities Director Background On June 25, 2013, City Council approved a contract with Webb Architects to evaluate space requirements and develop a preliminary design and building estimate for the remodel of Phelps Control Center and a new warehouse to be constructed immediately north of Phelps Control Center. The warehouse would provide much needed additional space for a growing spare parts inventory for the City substations and transmission system. It was determined by City staff to use a phased approach to construct this building. Upon completion of a preliminary design of the new warehouse, on October 8, 2013, City Council approved Amendment #1 to the Architectural contract to proceed with the detailed design and specifications and provide construction management. Discussion The following bids were received by the City on April 8, 2014 for the labor and materials to construct the new warehouse. The engineer’s estimate for this work is $1,850,000. Bidder Bid Price Exceptions Lacy Construction Co., Grand Island, NE $1,140,000.00 None Chief Industries, Inc., Grand Island, NE $1,154,525.00 None Sampson Construction, Kearney, NE $1,251,000.00 None Alternatives It appears that the Council that the following alternatives concerning the issue at hand. The Council may: 1. Move to approve Grand Island Council Session - 5/13/2014 Page 106 / 133 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the contract for the Phelps Control Center New Warehouse construction to the low bidder, Lacy Construction Company of Grand Island, Nebraska, in the amount of $1,140,000.00. Sample Motion Move to approve the contract for the Phelps Control Center New Warehouse to Lacy Construction Company of Grand Island, Nebraska, in the amount of $1,140,000.00. Grand Island Council Session - 5/13/2014 Page 107 / 133 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:April 8, 2014 at 2:00 p.m. FOR:Phelps Control Center New Warehouse DEPARTMENT:Utilities ESTIMATE:$1,850,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:March 13, 2014 NO. POTENTIAL BIDDERS:Unlimited SUMMARY Bidder:Lacy Construction Co.Chief Industries, Inc. Grand Island, NE Grand Island, NE Bid Security:Merchants Bonding Co.Fidelity & Deposit Co. Exceptions:None None Bid Price:$1,118,380.00 $1,141,776.00 Sales Tax:$ 21,620.00 $ 12,752.00 Total Bid:$1,140,000.00 $1,154,528.00 Bidder:Sampson Construction Kearney, NE Bid Security:Liberty Mutual Insurance Co. Exceptions:None Bid Price:$1,220,000.00 Sales Tax:$ 31,000.00 Total Bid:$1,251,000.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Travis Burdett, Assist. Utilities Director Christy Lesher, PCC Utilities Secretary P1724 Grand Island Council Session - 5/13/2014 Page 108 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-109 WHEREAS, the City of Grand Island invited sealed bids for the Phelps Control Center new Warehouse Construction, according to plans and specifications on file with the Utilities Department; and WHEREAS, on April 8, 2014, bids were received, opened and reviewed; and WHEREAS, Lacy Construction Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $1,140,000.00; and WHEREAS, the bid of Lacy Construction Company is less than the estimate for the Phelps Control Center new Warehouse Construction. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Lacy Construction, in the amount of $1,140,000.00, for the Phelps Control Center new Warehouse Construction, is hereby approved as the lowest responsible bid and that the Mayor is hereby authorized, on behalf of the City, to execute the contract between the City of Grand Island and Lacy Construction Company. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2014. ______________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 109 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-13 #2014-110 - Approving Change Order #2 - Utilities Management System Software Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/13/2014 Page 110 / 133 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:May 13, 2014 Subject:Utilities Management System – Mainsaver Change Order #2 Item #’s:G-13 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department utilizes an accounting program on the AS400 computer for detailed accounting of its operations. This program was developed by City information technology staff in the 1980s and allows for cost tracking on work activities, based on Federal Electric Regulatory Commission (FERC) account codes that are mandated for public utilities. The Department also utilizes third party software systems for purchase orders, inventory, and for scheduling some work activities or preventive maintenance. None of these systems are integrated and, along with payroll and accounts payable, require that information be transferred or entered manually and/or multiple times. As the use of the AS400 computer is being phased out due to obsolescence, 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 - 5/13/2014 Page 111 / 133 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 order. This change order, along with the previously approved Change Order #1, will result in a total contract cost of $290,485. 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 #2 to the Contract for Utilities Management System in the amount of $55,125.00. Sample Motion Move to approve Change Order #2 for Utilities Management System to Mainsaver, in the amount of $55,125.00. Grand Island Council Session - 5/13/2014 Page 112 / 133 Quotation DATE 4/22/2014 10803 Thornmint Road, Suite 200 Quotation #140422-001 San Diego, CA 92127 Customer ID 1448 Phone 858-674-8700 Fax 858-674-8735 Name Tim Luchsinger Quotation valid until:5/22/2014 Company City of Grand Island Prepared by:Tim Boyle Address Utilities Department Phone:(864) 438-1665 Address City Hall, 100 East First Street Email:tboyle@mainsaver.com City, State ZIP Grand Island, NE 68801 Phone (308) 385-5444 x280 Qty Description Unit Cost Extended Cost Days Mainsaver Professional Services 1 Enhancement CR#08447 - PR Display Supplier Address $1,500.00 $1,500.00 4.5 Enhancement CR-08448 PR Time Entry & View Changes $1,500.00 $6,750.00 1.5 Enhancement CR#08506 - Edit from Weekly Time View $1,500.00 $2,250.00 7.5 CR#08565 - Professional Services to Specify Multi-Plant Standards, Created Merged Database Plan, and specify Multi-Plant Configuration Professional Services- 7.5 Days at 1/2 rate $750.00 $5,625.00 1 CR#08565 - Data Services to Merge Databases and Create Multi-Plant Configuration Data Services- 20 Days fixed price $18,000.00 (12)Data Services Days Remaining on Current Project- 12 Days $1,500.00 ($18,000.00) 8.5 Enhancement CR#08566 - Multi-Plant Cost Reports $1,500.00 $12,750.00 3.5 Enhancement CR#08567 - Timecard Custom Report $1,500.00 $5,250.00 5 Enhancement CR#08568 - Timecard Overhead Charges $1,500.00 $7,500.00 1.5 Enhancement CR#08569 - Custom PO Format $1,500.00 $2,250.00 7.5 Enhancement CR#08570 - Default Account to Cost Center $1,500.00 $11,250.00 Total Technical Services $55,125.00 Annual Software Support 1 Annual Support for CR#08447: $180. Support will commence with Mainsaver technical support renewal date of 6/1/14 $180.00 1 Annual Support for CR#08448: $810. Support will commence with Mainsaver technical support renewal date of 6/1/14 $810.00 1 Annual Support for CR#08506: $270. Support will commence with Mainsaver technical support renewal date of 6/1/14 $270.00 1 Annual Support for CR#08566: $1,530. Support will commence with Mainsaver technical support renewal date of 6/1/14 $1,530.00 1 Annual Support for CR#08567: $630. Support will commence with Mainsaver technical support renewal date of 6/1/14 $630.00 1 Annual Support for CR#08568: $900. Support will commence with Mainsaver technical support renewal date of 6/1/14 $900.00 1 Annual Support for CR#08569: $270. Support will commence with Mainsaver technical support renewal date of 6/1/14 $270.00 1 Annual Support for CR#08570: $1,350. Support will commence with Mainsaver technical support renewal date of 6/1/14 $1,350.00 The amount shown is the additional annual support for the software enhancements that will be added to your existing annual support contract. The quoted amount will be pro-rated to expire with your current contract at the time of purchase. Professional Services Costs $55,125.00 Grand Island Council Session - 5/13/2014 Page 113 / 133 TO:Mainsaver Software 1803 Thornmint Road Suite 200 San Diego CA 92127 PROJECT:Utility Management System RE: Change Order #2 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 $ 26,040.00 The Contract Sum is increased by this Change Order $ 55,125.00 The Contract Sum is decreased by this Change Order $ 0.00 The total modified Contract Sum to Date $ 290,485.00 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 - 5/13/2014 Page 114 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-110 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 #2 was prepared for a contract adjustment of an additional amount of $55,125.00, resulting in a final contract amount of $290,485.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #2 with Mainsaver Software, Inc., of San Diego, California, resulting in an additional cost of $55,125.00, for a final contract price of $290,485.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2014. _________________________________ Jay Vavricek, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 115 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-14 #2014-111 - Approving Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (K. Diane Bockmann) This item relates to the aforementioned Public Hearing item E-6. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/13/2014 Page 116 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-111 WHEREAS, a public utility easement is required by the City of Grand Island for the Sanitary Sewer District No. 530T; – Sanitary Sewer Extension to Interstate 80, to construct and maintain such project; and WHEREAS, acquisition of the public utility easement is as follows: K. Diane Bockmann, Trustee – $18,606.08 PERMANENT EASEMENT NO. 1 A TRACT OF LAND LOCATED IN THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S87o07’38”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼) A DISTANCE OF 147.50 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF BEGINNING; THENCE S01o10’04”E ALONG SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1331.97 FEET TO THE SOUTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼); THENCE S87o21’09”W ALONG SAID SOUTH LINE A DISTANCE OF 30.01 FEET; THENCE N01o10’04”W PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1252.34 FEET; THENCE S88o49’56”W A DISTANCE OF 30.00 FEET; THENCE N01o10’04”W PARALLEL WITH AND 60.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 78.62 FEET TO THE NORTH LINE OF SAID SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE N87o07’38”E ALONG SAID NORTH LINE OF THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 60.03 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 42,328 SQUARE FEET OR 0.972 ACRES MORE OR LESS. AND PERMANENT EASEMENT NO. 2 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE ¼); THENCE S87o21’09”W ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 138.88 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF BEGINNING; THENCE S01o20’08”E (ASSUMED BEARING) ALONG SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 498.14 FEET; THENCE S87o53’28”W A DISTANCE OF 30.00 FEET; THENCE N01o20’08”W PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 497.86 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE ¼); THENCE N87o21’09”E ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 14,940 SQUARE FEET OR 0.343 ACRES MORE OR LESS. Grand Island Council Session - 5/13/2014 Page 117 / 133 - 2 - 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 such public utility easement from K. Diane Bockmann, Trustee, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 118 / 133 Grand Island Council Session - 5/13/2014 Page 119 / 133 Grand Island Council Session - 5/13/2014 Page 120 / 133 Grand Island Council Session - 5/13/2014 Page 121 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item G-15 #2014-112 - Approving Temporary Construction Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (K. Diane Bockmann) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/13/2014 Page 122 / 133 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 13, 2014 Subject:Approving Temporary Construction Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (K. Diane Bockmann) Item #’s:G-15 Presenter(s):John Collins PE, Public Works Director Background Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80 was created by City Council through Ordinance Resolution No. 9348 at the December 6, 2011 meeting. Temporary Construction easements are needed to accommodate the extension of sanitary sewer to Interstate 80, which must be approved by City Council. The temporary construction easements will allow for the installation of sanitary sewer to this area. A sketch is attached to show the temporary construction easement areas. Discussion A temporary construction easement is needed from one (1) property owner for Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80 to be constructed. Value of each tract was agreed upon between the City and the property owner. Property Owner Legal Description Amount K. Diane Bockmann, Trustee TEMPORARY EASEMENT NO. 1 A TRACT OF LAND LOCATED IN THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH $8,205.57 Grand Island Council Session - 5/13/2014 Page 123 / 133 HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S87o07’38”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼) A DISTANCE OF 207.53 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE S01o10’04”E PARALLEL WITH AND 60.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 78.62 FEET; THENCE N88o49’56”E A DISTANCE OF 30.00 FEET; THENCE S01o10’04”E PARALLEL WITH AND 30.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 196.05 FEET; THENCE S86o54’01”W A DISTANCE OF 50.03 FEET; THENCE N01o10’04”W PARALLEL WITH AND 80.00 FEET WEST OF SAID WEST RIGHT- OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 147.74 FEET; THENCE S88o49’56”W A DISTANCE OF 30.00 FEET; THENCE N01o10’04”W PARALLEL WITH AND 110.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 127.13 FEET TO THE NORTH LINE OF SAID SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE N87o07’38”E ALONG SAID NORTH LINE OF THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 50.02 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 68,043 SQUARE FEET OR 1,562 ACRES MORE OR LESS. AND A TRACT OF LAND LOCATED IN THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S87o21’09”W (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼) A DISTANCE OF 168.89 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE CONTINUING S87o21’09”W ALONG THE SOUTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼) A DISTANCE OF 50.02 FEET; THENCE N01o10’04”W PARALLEL WITH AND 80.00 FEET WEST OF THE WEST RIGHT-OF- WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 696.48 FEET; THENCE N86o54’01”E A DISTANCE OF 50.03 FEET; THENCE S01o10’04”E PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 696.87 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 34,834 SQUARE FEET OR 0.800 ACRES MORE OR LESS. AND TEMPORARY EASEMENT NO. 2 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE ¼); THENCE S87o21’09”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID SOUTHEAST Grand Island Council Session - 5/13/2014 Page 124 / 133 QUARTER (SE ¼) A DISTANCE OF 168.89 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF BEGINNING; THENCE S01o20’08”E PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 497.86 FEET; THENCE S87o53’28”W A DISTANCE OF 50.00 FEET; THENCE N01o20’08”W PARALLEL WITH AND 80.00 FEET WEST OF SAID WEST RIGHT- OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 497.39 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE ¼); THENCE N87o21’09”E ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 24,881 SQUARE FEET OR 0.571 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 Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80, in the amount of $8,205.57. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 5/13/2014 Page 125 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-112 WHEREAS, a temporary construction easement is required by the City of Grand Island, from an affected property owner in the Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80 project area: K. Diane Bockmann, Trustee – $8,205.57 TEMPORARY EASEMENT NO. 1 A TRACT OF LAND LOCATED IN THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S87o07’38”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼) A DISTANCE OF 207.53 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE S01o10’04”E PARALLEL WITH AND 60.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 78.62 FEET; THENCE N88o49’56”E A DISTANCE OF 30.00 FEET; THENCE S01o10’04”E PARALLEL WITH AND 30.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 196.05 FEET; THENCE S86o54’01”W A DISTANCE OF 50.03 FEET; THENCE N01o10’04”W PARALLEL WITH AND 80.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 147.74 FEET; THENCE S88o49’56”W A DISTANCE OF 30.00 FEET; THENCE N01o10’04”W PARALLEL WITH AND 110.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 127.13 FEET TO THE NORTH LINE OF SAID SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE N87o07’38”E ALONG SAID NORTH LINE OF THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 50.02 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 68,043 SQUARE FEET OR 1,562 ACRES MORE OR LESS. AND A TRACT OF LAND LOCATED IN THE SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTH HALF (S ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S87o21’09”W (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼) A DISTANCE OF 168.89 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE CONTINUING S87o21’09”W ALONG THE SOUTH LINE OF SAID SOUTH HALF (S ½) NORTHEAST QUARTER (NE ¼) A DISTANCE OF 50.02 FEET; THENCE N01o10’04”W PARALLEL WITH AND 80.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 696.48 FEET; THENCE N86o54’01”E A DISTANCE OF 50.03 FEET; THENCE S01o10’04”E PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 696.87 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 34,834 SQUARE FEET OR 0.800 ACRES MORE OR LESS. AND TEMPORARY EASEMENT NO. 2 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 13, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Grand Island Council Session - 5/13/2014 Page 126 / 133 - 2 - COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER (SE ¼); THENCE S87o21’09”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 168.89 FEET TO THE WEST RIGHT-OF- WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF BEGINNING; THENCE S01o20’08”E PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 497.86 FEET; THENCE S87o53’28”W A DISTANCE OF 50.00 FEET; THENCE N01o20’08”W PARALLEL WITH AND 80.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 497.39 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE ¼); THENCE N87o21’09”E ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 24,881 SQUARE FEET OR 0.571 ACRES MORE OR LESS. 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 tracts of land, in the total amount of $8,205.57. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 127 / 133 Grand Island Council Session - 5/13/2014 Page 128 / 133 Grand Island Council Session - 5/13/2014 Page 129 / 133 Grand Island Council Session - 5/13/2014 Page 130 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item I-1 #2014-113- Consideration of Approving Request from Elsa Vasquez dba La Zona Rosa Night Club, 611 East 4th Street for a Class “I” Liquor License This item relates to the aforementioned Public Hearing item E-7. Staff Contact: RaNae Edwards Grand Island Council Session - 5/13/2014 Page 131 / 133 Approved as to Form ¤ ___________ May 9, 2014 ¤ City Attorney R E S O L U T I O N 2014-113 WHEREAS, an application was filed by Elsa Vasquez doing business as La Zona Rosa Night Club, 611 East 4th Street for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 3, 2014; such publication cost being $16.77; and WHEREAS, a public hearing was held on May 13, 2014 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 13, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/13/2014 Page 132 / 133 City of Grand Island Tuesday, May 13, 2014 Council Session Item J-1 Approving Payment of Claims for the Period of April 23, 2014 through May 13, 2014 The Claims for the period of April 23, 2014 through May 13, 2014 for a total amount of $7,290,722.98. A MOTION is in order. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 5/13/2014 Page 133 / 133