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09-23-2014 City Council Regular Meeting Packet City of Grand Island Tuesday, September 23, 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 Counci Chambers - City Hall 100 East 1st Street Grand Island Council Session - 9/23/2014 Page 1 / 254 City of Grand Island Tuesday, September 23, 2014 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Father Robert Lewis, St. Stephen's Episcopal Church, 422 West 2nd Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 9/23/2014 Page 2 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item C-1 Proclamation “Literacy Week 2014” More than 36 million American adults struggle to read, write, do math, and use technology above a third grade level. The Literacy Council of Grand Island provides English as a second language to non- English speaking people who are now residents of Grand Island and Hall County. People who know how to read and write increases an individual's success in employment, income, education attainment, and family stability. The Mayor has proclaimed September 22-28, 2014 as "Literacy Week 2014". See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 9/23/2014 Page 3 / 254 Grand Island Council Session - 9/23/2014 Page 4 / 254 Grand Island Council Session - 9/23/2014 Page 5 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item C-2 Proclamation “Hispanic Heritage Month” September 15 – October 15, 2014 Hispanic men and women play an integral role in the progress, productivity, and strength of our city. They fortify our community and strengthen our families through their accomplishments and cultural contributions to society. Grand Island is a welcoming community to immigrants and they are encouraged to make Grand Island their home. Mayor Vavricek has proclaimed the month of September 15 through October 15, 2014 as "Hispanic Heritage Month". See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 9/23/2014 Page 6 / 254 Grand Island Council Session - 9/23/2014 Page 7 / 254 Grand Island Council Session - 9/23/2014 Page 8 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item D-1 #2014-BE-6 - Consideration of Determining Benefits for Water Main District 458T, Platte Valley Industrial Park - East Staff Contact: Tim Luchsinger Grand Island Council Session - 9/23/2014 Page 9 / 254 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:September 23, 2014 Subject:Water Main District 458T – Platte Valley Industrial Park East – Board of Equalization Hearing and Consideration of Determination of Benefits Item #’s:D-1 & I-2 Presenter(s):Timothy Luchsinger, Utilities Director Background Platte Valley Industrial Park East (PVIP-E) is located on the west side of Blaine Street, between Schimmer Drive and Wildwood Drive. PVIP-E is a 280 acre tract of land that is owned by the Grand Island Area Economic Development Corporation (GIAEDC). Water Main District 458T was authorized by the Council on November 23, 2010, to provide municipal water service adjacent to the properties, thereby making the area more attractive for commercial and industrial usage. On October 26, 2010, the City Council approved funding assistance for installation of infrastructure from a grant from the Nebraska Department of Economic Development. The monies were provided from the Community Development Block Grant (CDBG) Disaster Recovery Program. At the same time, additional funding was also allocated from the Local Area Economic Development LB 840 Program. Discussion As a cost savings from the economy of scale, a joint Utilities/Public Works Contract was prepared for construction of water and sewer lines to the PVIP-E area. Specifications for the project were developed and bids advertised and received in accordance with the City Purchasing Code. On April 10, 2012, The Diamond Engineering Company of Grand Island was awarded the joint contract for a total of $1,262,909.56. The contract consisted of installing 8,700 feet of sanitary sewer and 8,500 feet of 16” diameter water main. The bid award was based on the least total cost for the entire project (water main and sanitary sewer). Grand Island Council Session - 9/23/2014 Page 10 / 254 The total project cost for the water main construction was $856,068.68. The City has just received final grant disbursements for the project. The funding assistance includes: $334,762.00 from the original Community Development Block Grant; $32,909.00 from the amended Grant reallocation; $36,985.00 for easement reimbursements from the EDC; and $119,758.45 from LB 840 funding. The total funding assistance for Water Main District 458T is $524,414.45. The remaining balance of $331,654.23 will be charged to the properties receiving benefit within the district’s boundary. Those connection fees are due when a property “taps” the water main for service. This is the City’s standard method used to recoup costs when water mains are installed across undeveloped lands. The connection (tap) fee for properties within the boundary of Water Main District 458T is $21.510958 per front foot. Attached for reference are copies of the tabulation of construction costs for Water Main District 458T; a tabulation of connection fees for the properties within District 458T, and the district’s boundary plat. 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 It is recommended that the Council sit as a Board of Equalization and establish the connection fees for the properties within the district. Sample Motion Move to sit as a Board of Equalization to establish the connection fees for the properties within Water Main District 458T. Grand Island Council Session - 9/23/2014 Page 11 / 254 Grand Island Council Session - 9/23/2014 Page 12 / 254 WATER MAIN DISTRICT 458T THE DIAMOND ENGINEERING COMPANY 5/12/2014 Platte Valley Industrial Park East P O Box 1327 Wildwood Dr - Gold Core to Blaine St Grand Island, NE 68802 Blaine St - Wildwood Dr to Schimmer Dr Tel: (308) 382-8362 Fax: (308) 382-8389 BID TOTAL QUANTITIES PLACED TOTAL AMT Item Description Unit $ Unit COMPLETED $ C. 1.01 16" d.i. pipe (SJ) 62.15 8,414.00 l.f. $522,930.10 C. 1.02 16" d.i. pipe (RJ) 76.60 126.00 l.f. $9,651.60 C. 1.03 30"x0.500" Steel casing 275.00 120.00 l.f. $33,000.00 C. 1.04 16"X16"x16" tapping sleeve (MJ) 7,265.00 1.00 ea. $7,265.00 C. 1.05 16"x16"x16" Tee (MJ) 975.00 1.00 ea. $975.00 C. 1.06 16"x16"x6" tee (MJ) 675.00 16.00 ea. $10,800.00 C. 1.07 16"X22 1/2° Ell (MJ) 555.00 10.00 ea. $5,550.00 C. 1.08 16"X6" Reducer (MJ) 405.00 1.00 ea. $405.00 C. 1.09 16" sleeve coupling 510.00 21.00 ea. $10,710.00 C. 1.10 16" Tapping Valve 7,430.00 1.00 ea. $7,430.00 C. 1.11 16" Butterfly Valve 2,553.00 10.00 ea. $25,530.00 C. 1.12 valve box 145.00 11.00 ea. $1,595.00 C. 1.13 Fire Hydrant assembly Type 1 1,400.00 16.00 ea. $22,400.00 C. 1.14 Fire Hydrant Assembly Type 2 1,980.00 1.00 ea. $1,980.00 C. 1.15 Thrust Block 350.00 23.00 ea. $8,050.00 C. 1.16 Thrust Block - Invert "A" 965.00 3.00 ea. $2,895.00 C. 1.17 Thrust Block - Invert "B" 820.00 3.00 ea. $2,460.00 C. 1.18 remove asph./conc. Driveway 5.80 0.00 s.y. $0.00 C. 1.19 replace asph./conc. Driveway 31.00 0.00 s.y. $0.00 C. 1.20 remove asph./conc. Roadway 6.80 83.40 s.y. $567.12 C. 1.21 replace concrete roadway 34.50 83.40 s.y. $2,877.30 C. 1.22 remove and replace gravel roadway 18.00 10.00 ton $180.00 C. 1.23 Residential Type Seeding & Restoration 9,535.00 0.40 Ac $3,814.00 C. 1.24 Non-Residential Type Seeding & Restoration 2,695.00 4.45 Ac $11,992.75 C. 1.25 Row Crop Area Restoration 340.00 6.70 Ac $2,278.00 C. 1.26 Dewatering 9.55 2,593.00 l.f. $24,763.15 C. 1.27 Temporary Traffic Control 1,250.00 1.00 L.S. $1,250.00 C. 1.28 Temporary Fencing 4,370.00 1.00 L.S. $4,370.00 C. 1.29 Remove & Replace Permanent Fencing 1,586.00 1.00 L.S. $1,586.00 CONTRACT TOTAL AMOUNT $727,305.02 Easements $45,987.50 City Supplied Materials $23,834.13 Services & Supplies $4,446.08 Engineering $37,577.04 Overhead $16,918.91 PROJECT TOTAL $856,068.68 Less PVSB Easement Reimbursement -$36,985.00 Less CDBG Reimbursement -$334,762.00 Less CDBG Amendment -$32,909.00 LB 840 Funds -$119,758.45 Total Reimbursement -$524,414.45 ASSESSABLE TOTAL $331,654.23 Grand Island Council Session - 9/23/2014 Page 13 / 254 TABULATION OF CONNECTION FEES 5/12/2014 WATER MAIN DISTRICT 458T WWO 22919 ITEM AMOUNT Contract = $727,305.02 Easements = $45,987.50 City Materials = $23,834.13 Engineering = $37,577.04 Overhead = $16,918.91 Services & Supplies $4,446.08 Total Project = $856,068.68 Less PVSB Easement -$36,985.00 Less CDBG = -$334,762.00 Less CDBG Amendment = -$32,909.00 LB 840 Funds -$119,758.45 Total Reimbursements = -$524,414.45 Assessable = $331,654.23 Connection Fee / FF $21.510958 SEE ATTACHED FRONT TOTAL OWNER PARCEL #PROPERTY DESCRIPTION FOOTAGE CONNECTION FEE Blattner Family Trust 400209217 Part SW 1/4, SE 1/4 1,145.46 $24,639.94 10 Trailwood Creek Section 5, T-10-N, R-9-W "C" Lufkin, TX 75901 Grand Island Area 400209225 Part SW 1/4, SE 1/4 2,575.34 $55,398.03 Economic Development Section 5, T-10-N, R-9-W "D" PO Box 1151 Grand Island, NE 68802 Grand Island Area 400209209 Part E 1/2, NE 1/4 3,800.03 $81,742.29 Economic Development 400209160 Section 5, T-10-N, R-9-W "E" PO Box 1151 Part N 1/2, SE 1/4 Grand Island, NE 68802 Section 5, T-10-N, R-9-W Charles H Henderson 400209047 Part W 1/2, NW 1/4 2,646.23 $56,922.94 Mary Alice Henderson, H/W Section 4, T-10-N, R-9-W "F" 24 E Laurel Street Harrisonburg, VA 22801 Grand Island Area 400209055 Part SW 1/4 2,558.91 $55,044.61 Economic Development Section 4, T-10-N, R-9-W "G" PO Box 1151 Grand Island, NE 68802 Adeline M Stelk 400209241 Part N 1/2, NE 1/4 2,691.95 $57,906.42 2659 W Wildwood Dr Section 8, T-10-N, R-9-W "H" Grand Island, NE 68801 Part NE 1/4, NW 1/4 Section 8, T-10-N, R-9-W Total Footage 15,417.92 Total All Connection Fees $331,654.23 Grand Island Council Session - 9/23/2014 Page 14 / 254 OPINION OF THE GRAND ISLAND CITY ATTORNEY (2014-07) TO: Honorable Jay Vavricek, Mayor Members of the Grand Island City Council FROM: Robert J. Sivick, Grand Island City Attorney RE: Issues Related to the Platte Valley Industrial Park East DATE: September 18, 2014 In recent months two issues have arisen related to the development of the Platte Valley Industrial Park East (PVIPE). The first involves Community Development Block Grant 10-ED-010 (Grant) awarded the City of Grand Island (City). Application for this grant was made at the request of the Grand Island Area Economic Development Corporation (GIAEDC) as that organization was ineligible to make application on its own. The Grant funds were used for developing public infrastructure at PVIPE contingent on the creation of a number of jobs, income levels of persons holding those jobs, and those jobs existing for at least one year. The Grant was in the amount of $925,000.00 and must be repaid by the City to the State of Nebraska if those conditions are not met. The second issue involves the Grand Island City Council (Council) sitting as the Board of Equalization to assess the cost of improvements to PVIPE. I have been asked to render an opinion on these matters. This document constitutes my opinion. I. WILL THE CITY HAVE A CAUSE OF ACTION AGAINST THE GRAND ISLAND AREA ECONOMIC DEVELOPMENT CORPORATION (GIAEDC) IF THE GIAEDC FAILS TO MEET THE CONDITIONS OF THE GRANT AND THOSE GRANT MONIES MUST BE REPAID BY THE CITY TO THE STATE OF NEBRASKA? Most likely no. On July 27, 2010 the Council approved Resolution 2010-207 which authorized the City to enter into an economic development agreement with the GIAEDC which incorporated the terms of the Grant. During that meeting assurances were made by both City and GIAEDC staff an agreement would be entered into by the parties setting forth terms of implementing the Grant, particularly a provision requiring the GIAEDC to reimburse the City if the conditions of the Grant were not met and the Grant funds would have to be repaid. No such implementation agreement was drafted or executed by the parties. During the Summer of 2014 City staff attempted to remedy Grand Island Council Session - 9/23/2014 Page 15 / 254 2 the oversight from 2010 by drafting an implementation agreement to be executed by the City and GIAEDC. The GIAEDC declined to execute such an agreement or even discuss the matter. On August 21, 2014 City Administration brought the matter before the Council for guidance in the form of Resolution 2014-233 directing City staff to continue pursuing negotiations regarding an implementation agreement. The Council unanimously voted to deny Resolution 2014-233. A number of statements have been made that pursuing an implementation agreement or memorializing obligations is premature at this point as the first benchmark for meeting conditions of the Grant will not occur until March 25, 2016. However, without a written agreement any cause of action would be based solely on oral statements and promises made in 2010. That would be weak evidence of a contractual obligation as alluded to by movie mogul Samuel Goldwyn when he supposedly quipped, “A verbal contract isn’t worth the paper it’s written on.” In addition, by rejecting Resolution 2014-233 a strong argument could be made the City through the actions of its governing body relinquished its interest in any cause of action against the GIAEDC. II. MAY THE COUNCIL ACTING AS THE BOARD OF EQUALIZATION IMPOSE AN ADDITIONAL ASSESSMENT IN THE FUTURE FOR ANY GRANT DOLLARS USED TO CONSTRUCT INFRASTRUTURE AT PVIPE IF THOSE DOLLARS MUST BE RETURNED TO THE STATE FOR FAILING TO MEET THE CONDITIONS OF THE GRANT? No. Nebraska law (Neb. Rev. Stat. §§16-622, 16-669, 16- 672.07, and 16-6,103) is very clear when assessments for costs of public infrastructure improvements are made those assessments must reflect the costs of the improvements and assessments must be “levied at one time”. (Neb. Rev. Stat. §§16-622 and 16-669). The Grant monies used for construction of the improvements at PVIPE were not “costs” borne by the City but by the State of Nebraska and ultimately the United States government. An additional assessment made in the future resulting from the City having to repay those Grant funds would violate the legal requirement assessments be levied once. Grand Island Council Session - 9/23/2014 Page 16 / 254 3 III. MAY THE COUNCIL ACTING AS THE BOARD OF EQUALIZATION ASSESS THE COSTS OF IMPROVEMENTS TO INCLUDE THE AMOUNT RECEIVED FROM THE GRANT AND THEN REIMBURSE THE GRANT FUND PORTION TO PROPERTY OWNERS IN THE EVENT THE GRANT DOES NOT HAVE TO BE REPAID? No. Again, Nebraska law (see preceding paragraph) requires the assessment reflect the costs borne by the City for public infrastructure improvements. Although the Grant was used to pay a portion of those costs those funds were provided by the State of Nebraska from monies received from the United States government. Assessments may not be based on speculation of future costs and including the Grant dollars in the assessment would create a windfall for the City in that it would recover a portion of its costs twice, once through the use of the Grant and once through the assessment. IV. MAY THE COUNCIL DELAY ASSESSING THE COSTS OF IMPROVMENTS UNTIL SUCH TIME AS THE CITY WILL KNOW WHETHER THE GRANT WILL HAVE TO BE REPAID? Such an action passing legal muster is possible but not probable. Laws regulating public infrastructure improvements in Cities of the First Class are contained in Article 6 of Chapter 16 of the Nebraska Revised Statutes. Those laws were enacted over the course of decades in the late nineteenth and early twentieth centuries as public infrastructure improvements advanced from wooden plank sidewalks abutting dirt streets to modern water and sewer systems. Consequently, many of these statutes conflict with one another. Regarding time constraints, the statutes primarily deal with minimum periods of notice through publication and payment and delinquency periods. Although no hard and fast timeline exists for the Council sitting as a Board of Equalization to assess the costs of improvements, it can be presumed the Council is required to do so in a reasonable period of time after completion of construction and the calculation of costs related thereto. Waiting an additional year and a half to see if the Grant must be repaid will probably not be considered reasonable, particularly by a property owner having to pay a greater amount for an assessment levied in 2016 as opposed to one levied in 2014. There is limited case law interpreting the laws regulating Grand Island Council Session - 9/23/2014 Page 17 / 254 4 public infrastructure improvements in First Class Cities. However, in Turner, et. al. v. City of North Platte, 203 Neb. 706, 279 N.W.2d 868 (1979) the Supreme Court spoke clearly when it held, The legislative power and authority delegated to a city to construct local improvements and levy assessments for payments thereof is to be strictly construed, and every reasonable doubt as to the extent or limitation of such power and authority is resolved against the city and in favor of the taxpayer. Id. at 713-714. Accordingly, under the standard set forth in Turner, it is probable a Court would rule against the City regarding any additional costs and assessments resulting from the City having to repay the Grant. Most likely a Court would characterize such an action as a separate legal dispute between the City and the GIAEDC not involving the property owner. V. IF THE GRANT MUST BE REPAID WHICH FUND WILL THE REPAYMENT BE DRAWN FROM? That will be an issue for the 2016 Council to decide if necessary. The Council may draw the repayment from the General Fund or the Utility and Wastewater Enterprise Funds in pro rata shares reflective of the costs of particular infrastructure improvements. The only difference would be whether City taxpayers or ratepayers would bear the cost of repayment. If you need any additional information do not hesitate to contact me. Grand Island Council Session - 9/23/2014 Page 18 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-BE-6 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 458T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $331,654.23; and Such benefits are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Water Main District No. 458T such benefits are the sums set opposite the several descriptions as follows: Name Parcel Number Description Connection Fee Blattner Family Trust 10 Trailwood Creek Lufkin TX 75901 400209217 Beginning at the intersection of the northerly right-of- way line of Wildwood Drive and the easterly right-of- way line of the River Industrial Lead Railroad, formerly known as the St. Joseph Branch of the Union Pacific Railroad; thence northerly, along the said easterly right- of-way line of the River Industrial Lead Railroad, a distance of two hundred sixty seven and thirteen hundredths (267.13) feet; thence easterly and three hundred (300.0) feet parallel with the southerly line of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼,) of Section Five (5), Township Ten (10) North, Range Nine (9) West, a distance of one thousand two hundred sixty seven and two hundredths (1,267.02) feet to a point on the easterly line of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼), of said Section Five (5), thence southerly along the easterly line of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼) of said Section Five (5), a distance of two hundred sixty seven and fourteen hundredths (267.14) feet to a point on the northerly right-of-way line of said Wildwood Drive; thence westerly along the northerly right-of-way line of said Wildwood Drive, a distance of one thousand two hundred sixty seven and twenty six hundredths (1,267.26) feet to the said Point of Beginning. Except that part deeded to the City of Grand Island for a Railroad Spur Line described in Instrument #78-007701(See attached) recorded in the Hall County, Nebraska Register of Deeds Office. $24,639.94 Grand Island Area Economic Development PO Box 1151 Grand Island NE 68802-1151 400209225 Beginning at the intersection of the northerly right-of- way line of Wildwood Drive and the westerly right-of- way line Blaine Street; thence westerly along the northerly right-of-way line of said Wildwood Drive, a distance of one thousand two hundred eighty seven and sixty seven hundredths (1,287.67) feet to a point on the westerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence northerly along $55,398.03 Grand Island Council Session - 9/23/2014 Page 19 / 254 - 2 - the westerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5), a distance of two hundred eighty seven and fourteen hundredths (287.14) feet; thence easterly and three hundred (300.0) feet parallel with the southerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5), a distance of one thousand twenty and fifty three hundredths (1,020.53) feet; thence northerly and three hundred (300.0) feet parallel with the easterly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5), a distance of one thousand twenty and fifty three hundredths (1,020.53) feet to a point on the northerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5); thence easterly along the northerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5), a distance of two hundred sixty seven and fourteen hundredths (267.14) feet to a point on the westerly right-of-way line of said Blaine Street; thence southerly along the westerly right-of-way line of said Blaine Street, a distance of one thousand two hundred eighty seven and sixty seven (1,287.67) feet to the northerly right-of-way line of Wildwood Drive being the said Point of Beginning. Grand Island Area Economic Development PO Box 1151 Grand Island NE 68802-1151 400209209 400209160 Beginning at a point on the westerly right-of-way line of Blaine Street, said point being one hundred fifty (150.0) feet south of the northerly line of the Northeast Quarter (NE ¼) of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence southerly along the westerly right-of-way line of said Blaine Street, a distance of two thousand five hundred twenty nine and eighty seven hundredths (2,529.87) feet to a point on the northerly line of the North Half of the Southeast Quarter (N1/2, SE ¼) of said Section Five (5); thence continuing along the westerly right-of-way line of said Blaine Street, a distance of one thousand two hundred seventy and sixteen hundredths (1,270.16) feet to a point on the southerly line of the North Half of the Southeast Quarter (N1/2, SE ¼) of said Section Five (5); thence westerly along the southerly line of the North Half of the Southeast Quarter (N1/2, SE ¼) of said Section Five (5), a distance of two hundred sixty seven and fourteen (267.14) feet; thence northerly and three hundred (300.0) feet parallel with the easterly line of the North Half of the Southeast Quarter (N1/2, SE ¼) of said Section Five (5), a distance of one thousand two hundred seventy two and six tenths (1,272.6) feet to a point on the southerly line of the Northeast Quarter (NE ¼) of said Section Five (5); thence continuing northerly and three hundred (300.0) feet parallel with the easterly line of the Northeast Quarter (NE ¼) of said Section Five (5), a distance of two thousand five hundred twenty seven and two hundredths (2,527.02) feet; thence easterly and one hundred fifty (150.0) feet parallel with the northerly line of the Northeast Quarter (NE ¼) of said Section Five (5), a distance of two hundred sixty seven and eight hundredths (267.08) feet to a point on the westerly right- $81,742.29 Grand Island Council Session - 9/23/2014 Page 20 / 254 - 3 - of-way line of said Blaine Street being the said Point of Beginning. Charles H. Henderson Mary Alice Henderson, H/W 24 E Laurel Street Harrisonburg VA 22801 400209047 Beginning at the intersection of the easterly right-of-way line of Blaine Street and the southerly right-of-way line of Schimmer Drive; thence easterly along the southerly right-of-way line of said Schimmer Drive, a distance of two hundred sixty eight and twenty one hundredths (268.21) feet; thence southerly and three hundred (300.0) feet parallel with the westerly line of the Northwest Quarter (NW ¼) of Section Four (4), Township Ten (10) North, Range Nine (9) West, a distance of two thousand six hundred forty six and forty five hundredths (2,646.45) feet to a point on the southerly line of the Northwest Quarter (NW ¼) of said Section Four (4); thence westerly along the southerly line of the Northwest Quarter (NW ¼) of said Section Four (4), a distance of two hundred sixty seven and six hundredths (267.06) feet to a point on the easterly right-of-way line of said Blaine Street; thence northerly along the easterly right-of-way line of said Blaine Street, a distance of two thousand six hundred forty six and twenty three hundredths (2,646.23) feet to a point on the southerly right-of-way line of said Schimmer Drive being the said Point of Beginning. $56,922.94 Grand Island Area Economic Development PO Box 1151 Grand Island NE 68802-1151 400209055 Beginning at the intersection of the northerly right-of- way line of Wildwood Drive and the easterly right-of- way line of Blaine Street; thence northerly along the easterly right-of-way line of Blaine Street, a distance of two thousand five hundred fifty eight and ninety one hundredths (2,558.91) feet to a point on the northerly line of the Southwest Quarter (SW ¼) of said Section Four (4), Township Ten (10) North, Range Nine (9) West; thence easterly along the northerly line of the Southwest Quarter (SW ¼) of said Section Four (4), a distance of two hundred sixty seven and six hundredths (267.06) feet; thence southerly and three hundred (300.0) feet parallel with the westerly line of the Southwest Quarter (SW ¼) of said Section Four (4), a distance of two thousand five hundred sixty one and twenty one hundredths (2,561.21) feet to a point on the northerly right-of-way line of said Wildwood Drive; thence westerly along the northerly right-of-way line of said Wildwood Drive, a distance of two hundred sixty seven and twelve hundredths (267.12) feet to a point on the easterly right-of-way line of said Blaine Street being the said Point of Beginning. $55,044.61 Adeline M. Stelk 2659 West Wildwood Drive Grand Island NE 68801 400209241 Beginning at a point on the westerly right-of-way line of Blaine Street, said point being eighty three (83.0) feet south of the northerly line of the North Half of the Northeast Quarter (N1/2, NE1/4) of Section Eight (8), Township Ten (10) North, Range Nine (9) West; thence westerly and eighty three (83.0) feet parallel with the with the northerly line of the North Half of the Northeast Quarter (N1/2, NE1/4) of said Section Eight (8), a distance of one thousand seven hundred seven and fifty eight hundredths (1,707.58) feet to a point of curvature; thence running northwesterly along the arc of a curve whose radius is nine hundred eighty five and thirty seven $57,906.42 Grand Island Council Session - 9/23/2014 Page 21 / 254 - 4 - hundredths (985.37) feet ( the long chord of which deflects 11º50’33” right from the last described course), a long chord distance of three hundred fifteen and twenty four hundredths (315.24) feet to a point on the southerly right-of-way line of Wildwood Drive; thence westerly along the southerly right-of-way line of said Wildwood Drive, a distance of six hundred sixteen and sixty nine hundredths (616.69) feet to a point on the easterly line of the Northwest Quarter (NW1/4) of said Section Eight (8); thence continuing westerly along the southerly right-of- way line of said Wildwood Drive, a distance of fifty two and forty four hundredths (52.44) feet; thence southerly and parallel with the easterly line of the Northwest Quarter (NW1/4) of said Section Eight (8), a distance of two hundred sixty seven and ten hundredths (267.10) feet; thence easterly and three hundred (300.0) feet parallel with the northerly line of the Northwest Quarter (NW1/4) of said Section Eight (8), a distance of fifty two and forty four hundredths (52.44) feet to a point on the westerly line of the North Half of the Northeast Quarter (N1/2, NE1/4) of said Section Eight (8); thence continuing easterly and three hundred (300.0) feet parallel with the northerly line of the North Half of the Northeast Quarter (N1/2, NE1/4) of said Section Eight (8), a distance of two thousand five hundred ninety eight and forty six hundredths (2,598.46) feet to a point on the westerly right-of-way line of said Blaine Street; thence northerly along the westerly right-of-way line of said Blaine Street, a distance of two hundred seventeen and four hundredths (217.04) feet to the said Point of Beginning. TOTAL All Connection Fees $331,654.23 BE IT FURTHER RESOLVED that the special benefits as determined by this resolution shall not be levied as special assessments, but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103,R.R.S. 1943. A connection fee in the amount of the above benefit accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. - - - Grand Island Council Session - 9/23/2014 Page 22 / 254 - 5 - Adopted by the City Council of the City of Grand Island, Nebraska September 23, 2014. _______________________________ Jay Vavricek, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 23 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item D-2 #2014-BE-7 - Consideration of Determining Benefits for Sanitary Sewer District 527T; Platte Valley Industrial Park-East Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/23/2014 Page 24 / 254 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 23, 2014 Subject:Consideration of Determining Benefits for Sanitary Sewer District 527T; Platte Valley Industrial Park-East Item #’s:D-2 & I-3 Presenter(s):John Collins PE, Public Works Director Background The Certificate of Final Completion for Sanitary Sewer District No. 527T was approved on August 26, 2014 with September 23, 2014 set as the date for Council to sit as the Board of Equalization. All work has been completed and special assessments have been calculated for the District. Discussion Sanitary Sewer District No. 527T was created by City Council on April 10, 2012 as a special economic development activity for development of a business/industrial park/site which will eventually be occupied by eligible benefited business(es). This was a combined project of the Public Works and Utility Departments for the installation of sanitary sewer lines, water main, and street improvements to provide municipal utility infrastructure to the Platte Valley Industrial Park Site. Funding assistance was provided for the project from the 2010 Community Development Block Grant (CDBG) Economic Development Program in the amount of $935,000. This Block Grant required a City’s matching fund of $1,275,000. On October 26, 2010 the City Council approved the application for the Economic Development Grant from the Nebraska Department of Economic Development. Additionally, $575,000 in Local Area Economic Development LB 840 funds was allocated to the project. District 527T is a "tap" district. The district is located between Schimmer Drive on the north, Wildwood Drive on the south, Blaine Street on the east and the St. Joe Branch of the UPRR on the west. The district constructed an 18” gravity sanitary sewer extension from Gold Core Road to Blaine Street on the north side of Wildwood Drive, and in similar image a 15” gravity sanitary sewer extension on the south side of Schimmer Grand Island Council Session - 9/23/2014 Page 25 / 254 Drive. The district provides service to all interior lots within the Platte Valley Industrial Park – East. Connection fees will be collected from property owners within the district boundary as the main is tapped for service. Work on the project was completed at a construction price of $508,855.21. Other credited funds are ($331,138.00) Total cost of the project is $592,606.80. Costs for the project break down as follows: Original Bid $486,953.20 Change Order No. 1 $ 9,572.88 Miscellaneous $ 12,329.13 SUBTOTAL (Construction Price)$508,855.21 Construction Engineering Costs $ 83,751.59 SUBTOTAL (Engineering / Inspections)$ 83,751.59 State of Nebraska DED CDBG $(254,572.00) Grand Island Area Economic Development Corp.$ (76,566.00) SUBTOTAL (Other Funding)$(331,138.00) TOTAL COST $261,468.80 The final assessment for Sanitary Sewer District 527T, Platte Valley Industrial Park East is $261,468.80. The assessed cost in the district and the cities costs break down as follows: Total Assessed to Blattner Family Trust $ 47,526.22 Total Assessed to Grand Island Area Ecomomic Development Coorporation $213,942.58 TOTAL COST $261,468.80 The Engineers Estimate for the project was underrun in the amount of $6,261.61. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 9/23/2014 Page 26 / 254 Recommendation Public Works Administration recommends that the Council sit as the Board of Equalization to determine benefits and pass an Ordinance to levy Special Assessments to individual properties. Sample Motion (Sample Motion for the Board of Equalization) Move to approve the resolution determining benefits for Sanitary Sewer Districts 527T. (Sample Motion for the Resolution) Move to approve the Resolution levying the assessments for Sanitary Sewer Districts 527T. Grand Island Council Session - 9/23/2014 Page 27 / 254 Grand Island Council Session - 9/23/2014 Page 28 / 254 Grand Island Council Session - 9/23/2014 Page 29 / 254 Grand IslandCouncil Session - 9/23/2014Page 30 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-BE-7 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District 527T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district 527T to be the total sum of $261,468.80; and Such benefits are equal and uniform; and According to the equivalent front and area of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 527T, such benefits to abutting property are the sums set opposite the several descriptions as follows: Name Description Assessment Sanitary Sewer District No. 527T Blattner Family Trust Part SW 1/4, SE 1/4, Section 5, T-10-N, R-9-W Platte Valley Industrial Park Third Subdivision $ 47,526.22 Grand Island Area Economic Part SE 1/4, SE 1/4, Section 5, T-10-N, R-9-W Development Corporation Platte Valley Industrial Park Third Subdivision $ 53,934.15 Grand Island Area Economic Part N 1/2, SE 1/4, Section 5, T-10-N, R-9-W Development Corporation Platte Valley Industrial Park Third Subdivision $ 53,092.65 Grand Island Area Economic Part W 1/2, NE 1/4, Section 5, T-10-N, R-9-W Development Corporation Platte Valley Industrial Park Third Subdivision $ 53,809.19 Grand Island Area Economic Part E 1/2, NE 1/4, Section 5, T-10-N, R-9-W Development Corporation W 53-1/3 Platte Valley Industrial Park Third Subdivision $ 35,330.23 Grand Island Area Economic Part E 1/2, NE 1/4, Section 5, T-10-N, R-9-W Development Corporation E 26-2/3 Platte Valley Industrial Park Third Subdivision $ 17,776.35 TOTAL $261,468.80 BE IT FURTHER RESOLVED that the special benefits as determined by this resolution shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A connection fee in the amount of the above benefit accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the sanitary sewer main. No property benefited as determined by this resolution shall be connected to the sanitary sewer main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. - - - Grand Island Council Session - 9/23/2014 Page 31 / 254 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 32 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item E-1 Public Hearing on Request to Rezone Property Located at 3180 US Hwy 34 from RO Residential Office to B2 General Business Staff Contact: Chad Nabity Grand Island Council Session - 9/23/2014 Page 33 / 254 Council Agenda Memo From:Regional Planning Commission Meeting:September 23, 2014 Subject:To Rezone Properties from RO Residential Office to B2 General Business Zone Item #’s:E-1 & F-1 Presenter(s):Chad Nabity AICP, Regional Planning Director Background A request to change the zoning for a tract of land in the SW ¼ of the SW ¼ of 29-11-09 from RO - Residential Office Zone to B2 - General Business Zone. The subject property is located west of Tech Drive and north of U.S. Highway 34. Portions of this property adjacent to U.S. Highway 281 were rezoned to B2 in 2007. The proposed rezoning is consistent with the comprehensive plan. The primary purpose for this request is to place College Park as it exists today into a zoning district that is consistent with the intensity of use and that will allow them the freedom to advertise their products and services in a manner consistent with a commercial zoning district. The proposed change will have little to no impact on adjacent residential properties to the north. Discussion At the regular meeting of the Regional Planning Commission, held September 3, 2014 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity explained the rezone request. O’Neill closed the Public Hearing. A motion was made by Bredthauer to approve the rezone. Motion was seconded by Connelly to approve the rezone from RO – Residential Office to B2 – General Business Zone. Grand Island Council Session - 9/23/2014 Page 34 / 254 A roll call vote was taken and the motion passed with 8 members present and 7 voting in favor (Ruge, Hayes, Reynolds, Heckman, Huismann, Bredthauer and Connelly) and one member voting against (O’Neill). The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 9/23/2014 Page 35 / 254 Agenda Item 5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: August 20, 2014 SUBJECT:Rezoning Request C-19-2014GI PROPOSAL:To change the zoning for a tract of land in the SW ¼ of the SW ¼ of 29-11-09 from RO - Residential Office Zone to B2 - General Business Zone. The subject property is located west of Tech Drive and north of U.S. Highway 34. Portions of this property adjacent to U.S. Highway 281 were rezoned to B2 in 2007. . OVERVIEW: Site Analysis Current zoning designation:RO-Residential Office Zone Permitted and conditional uses:RO: Residential and Professional Office uses Comprehensive Plan Designation:Commercial Existing land uses:College Park and Agriculture Site constraints:none Adjacent Properties Analysis Current zoning designations:North:RO-Residential Office, R3 Medium Density Residential South: B1-Light Business, East: RO-Residential Office West: B2-General Business Permitted and conditional uses:RO: Residential and Professional Office uses. Retail uses limited to prescription services. No Billboards B2: General Service, retail and wholesale commercial uses including outdoor sales, Billboards B1: General Service, retail and commercial uses excluding outdoor sales, Billboards Comprehensive Plan Designation: North: Commercial/Medium Density Residential South: Commercial East: Public Grand Island Council Session - 9/23/2014 Page 36 / 254 West: Commercial Existing land uses:North: Farm ground, Housing South: Stuhr Museum East: Central Community College West: Agricultural Property, U.S. Highway 281 Grand Island Council Session - 9/23/2014 Page 37 / 254 EVALUATION: The proposed rezoning is consistent with the comprehensive plan. The primary purpose for this request is to place College Park as it exists today into a zoning district that is consistent with the intensity of use and that will allow them the freedom to advertise their products and services in a manner consistent with a commercial zoning district. The proposed change will have little to no impact on adjacent residential properties to the north. Positive Implications: Consistent with intent of the City’s Comprehensive Plan: The City’s 2004 Comprehensive Plan has designated this site for Commercial uses. Rezoning this property to B2-General Business District is consistent with the Comprehensive Plan Compatible with adjacent land uses: The B2 zone is consistent with the current zoning on surrounding properties. Negative Implications: No negative implications foreseen. Other Implications: B2 Zone allows additional signage on site. The B2 zone allows more signage than is permitted in the RO zoning district. The number and diversity of uses present and planned for College Park demand additional signage that would exceed the limitations of the RO zoning district. RECOMMENDATION: That the Regional Planning Commission recommends that the Grand Island City Council approve this request to amend the rezoning from RO Residential Office to B2 General Business as presented. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 9/23/2014 Page 38 / 254 Grand Island Council Session - 9/23/2014 Page 39 / 254 Grand Island Council Session - 9/23/2014 Page 40 / 254 Grand Island Council Session - 9/23/2014 Page 41 / 254 Grand Island Council Session - 9/23/2014 Page 42 / 254 Grand Island Council Session - 9/23/2014 Page 43 / 254 August 20, 2014 Dear Members of the Board: RE: Rezoning – A request to rezone the properties from RO Residential Office to B2 General Business Zone in the City of Grand Island, Hall County, Nebraska. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a rezone request to the Grand Island Zoning Map from RO Residential Office to B2 General Business Zone. As shown on the enclosed map. You are hereby notified that the Regional Planning Commission will consider this zoning change at the next meeting that will be held at 6:00 p.m. on September 3, 2014 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: City Clerk City Attorney City Public Works City Building Department City Utilities This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 9/23/2014 Page 44 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item E-2 Public Hearing on Request to Rezone Property Located at 3420 West State Street from CD Commercial Development to Amended Commercial Development Staff Contact: Chad Nabity Grand Island Council Session - 9/23/2014 Page 45 / 254 Council Agenda Memo From:Regional Planning Commission Meeting:September 23, 2014 Subject:To Rezone Properties from CD Commercial Development to Amended Commercial Development Zone Item #’s:E-2 & F-2 Presenter(s):Chad Nabity AICP, Regional Planning Director Background Concerning change of zoning for property located described as Lot 1 Grand Island Mall 12th, also known as 3416, 3420, 3430 and 3436 W State Street, Grand Island NE, from CD Commercial Development to Amended CD Commercial Development Zone. This proposed development would create 2 additional lots within the development one on the north side of the existing building and one in the southwest corner. Only one new building is proposed as the development plan for Grand Island Mall 12th subdivision called for a second building north of the main building. The new building is on the small pad lot in the southwest corner of the development. No new access drives are being requested or would be approved with this plan. The CD Zone allows for up to 30% of the property to be covered with buildings. The proposed coverage within this development at full development as shown is 22.67%, well below the maximum coverage. Discussion At the regular meeting of the Regional Planning Commission held September 3, 2014 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity explained the rezone request. O’Neill closed the Public Hearing. Grand Island Council Session - 9/23/2014 Page 46 / 254 A motion was made by Ruge and to approve the rezone, motion was seconded by Bredthauer to approve the rezone from CD – Commercial Development Zone to Amended CD – Commercial Development Zone. A roll call vote was taken and the motion passed with 8 members present and voting in favor (O’Neill, Ruge, Hayes, Reynolds, Heckman, Huismann, Bredthauer and Connelly) and no one voting against. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 9/23/2014 Page 47 / 254 Agenda Item 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: August 19, 2013 SUBJECT: Concerning change of zoning for property located described as Lot 1 Grand Island Mall 12th, also known as 3416, 3420, 3430 and 3436 W State Street, Grand Island NE, from CD Commercial Development to Amended CD Commercial Development Zone. (C-18-2014GI) PROPOSAL: This proposed development would create 2 additional lots within the development one on the north side of the existing building and one in the southwest corner. Only one new building is proposed as the development plan for Grand Island Mall 12th subdivision called for a second building north of the Grand Island Council Session - 9/23/2014 Page 48 / 254 main building. The new building is on the small pad lot in the southwest corner of the development. No new access drives are being requested or would be approved with this plan. The CD Zone allows for up to 30% of the property to be covered with buildings. The proposed coverage within this development at full development as shown is 22.67%, well below the maximum coverage. OVERVIEW: Site Analysis Current zoning designation: CD-Commercial Development Zone. Permitted and conditional uses: Commercial, Office and Retail Uses Comprehensive Plan Designation: Commercial development Existing land uses. Retail development and vacant property Adjacent Properties Analysis Current zoning designations: East, and North CD Commercial Development Zone South: B1- Light Business West: B2 General Business Permitted and conditional uses: CD – Commercial, office and retail uses as permitted and built according to the approve development plan. B2- Commercial, office, retail and service uses along with residential uses up to a density of 43 units per acre. B1 limited commercial, office, and interior retail to support the immediate neighborhood and residential uses up to a density of 43 units per acre. Comprehensive Plan Designation: North, South, East and West: Designated for commercial development and uses. Existing land uses: North: Shopko and vacant Grand Island Mall Property East: Credit Union and Detention Cell West: U.S. Highway 281 and Commercial Uses South: Commercial Development EVALUATION: Positive Implications:  Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for commercial development.  Is infill development. This development is using property that is within the existing functional and legal boundaries of the City of Grand Island. Grand Island Council Session - 9/23/2014 Page 49 / 254  Accessible to Existing Municipal Infrastructure: Water and sewer services are available to service the area.  Monetary Benefit to Applicant: Would allow the applicant to further develop this site. Negative Implications:  None foreseen Other Considerations Commercial development zones allow up to 30% of the property within the CD zone to be covered with buildings. The proposed plan covers 100,158 square feet of a combined 441,858 square feet for the three proposed lots. They could cover up to 132,557 square feet. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the amended CD zoning district and final development plan as shown. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 9/23/2014 Page 50 / 254 Grand Island Council Session - 9/23/2014 Page 51 / 254 Grand Island Council Session - 9/23/2014 Page 52 / 254 August 20, 2014 Dear Members of the Board: RE: Rezoning – A request to rezone the properties from CD Commercial Development to Amended Commercial Development in the City of Grand Island, Hall County, Nebraska. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a rezone request to the Grand Island Zoning Map from CD Commercial Development to Amended Commercial Development Zone. As shown on the enclosed map. You are hereby notified that the Regional Planning Commission will consider this zoning change at the next meeting that will be held at 6:00 p.m. on September 3, 2014 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: City Clerk City Attorney City Public Works City Building Department City Utilities This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 9/23/2014 Page 53 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item E-3 Public Hearing on Amendment to the Grand Island Comprehensive Plan for the Addition of an Energy Element Staff Contact: Chad Nabity Grand Island Council Session - 9/23/2014 Page 54 / 254 Council Agenda Memo From:Regional Planning Commission Meeting:September 23, 2014 Subject:Amendment to the Grand Island Comprehensive Plan: Addition of an Energy Element Item #’s:E-3 & I-1 Presenter(s):Chad Nabity AICP, Regional Planning Director Background All communities and counties in Nebraska, with the exception of villages, in Nebraska are required to have an energy element in their comprehensive development plan (if they have one) by January 1, 2015. This requirement is as a result of LB 997 passed by the Nebraska Unicameral and signed by the Governor in 2010. Discussion At the regular meeting of the Regional Planning Commission, held September 3, 2014, the above item was considered following a public hearing. Attached is the energy element for Grand Island as recommended for approval. A motion was made Reynolds and seconded by Ruge to approve and recommend that City Council approve an amendment to the Grand Island Comprehensive Plan, for the Addition of Energy Elements. A roll call vote was taken and the motion passed with 8 members present (O’Neill, Ruge, Hayes, Reynolds, Heckman, Huismann, Bredthauer and Connelly) voting in favor and no members voting against. The memo sent to the planning commission with staff recommendation is attached for review by Council. Grand Island Council Session - 9/23/2014 Page 55 / 254 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the resolution and plan amendment as presented. Grand Island Council Session - 9/23/2014 Page 56 / 254 Agenda Item 6-8 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: August 20, 2014 SUBJECT: Amendments to the Comprehensive Development Plans for Grand Island, Wood River and Hall County (C-23-2013WR, C-24-2013HC and C-25-2013GI) PROPOSAL: All communities and counties in Nebraska, with the exception of villages, in Nebraska are required to have an energy element in their comprehensive development plan (if they have one) by January 1, 2015. This requirement is as a result of LB 997 passed by the Nebraska Unicameral and signed by the Governor in 2010. Attached are energy elements for Grand Island, Wood River and Hall County Comprehensive plans OVERVIEW: At the end of the budget year last year the Planning Department sought quotes from various planning consultants to provide draft Energy elements for the cities of Grand Island and Wood River and for Hall County. These elements must be adopted prior to January 1, 2015. Marvin Planning Consultants was selected for the project by the Hall County Regional Planning Commission after quotes for the project were requested from area consulting firms. Keith Marvin, AICP has written numerous energy elements for comprehensive plans since the legislation passed in 2010 and presented at the Nebraska Planning Conference on this topic. Grand Island Utilities, Wood River Utilities and Southern Public Power were all contacted for information regarding these plans. Attempts were made to get information from the providers of natural gas but that information was not available. The intent of the energy element requirement is to get communities to look at their energy usage and determine appropriate ways to maximize the efficiency of their energy use in public facilities and with public equipment and to provide information to private entities for those same purposes. Much of the information necessary to create a complete picture is not readily available publicly or in a format that can be confined to the geographic boundaries of a city or county. These elements were presented to the Planning Commission for review and comment at the June 2014 meeting. The action tonight includes a public hearing and recommendation regarding the proposed amendments.. After recommendation by the Planning Commission the energy elements will be forwarded to the Grand Island City Council, Wood River City Grand Island Council Session - 9/23/2014 Page 57 / 254 Council and Hall County Board for their consideration and approval. It is expected that these should be adopted no later than October 1, 2014, well before the January 1, 2015 deadline. RECOMMENDATION: Recommend approval of the attached energy elements as presented. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 9/23/2014 Page 58 / 254 ENERGY ELEMENT Grand Island Council Session - 9/23/2014 Page 59 / 254 Energy Element Energy usage in the early 21st Century is becoming a critical issue throughout Nebraska as well as the entire United States. Our dependency on energy sources that are not renewable has increased significantly over the past 100 years. Energy usage comes in several forms, such as:  Lighting our homes and businesses  Heating our homes and businesses  Heating our water for homes and businesses  Food preparation  Transportation – both personal and business related  Recreation and Entertainment – vehicular, computers, music, etc. The 21st Century ushered in an increased concern for energy usage and its impacts on the environment. With the increased concern for the environment came an increased understanding of the carbon footprint generated by any one individual as well as striving towards modifying our behavior patterns in order to lessen that footprint. In addition, the phrase and concept of sustainability has become more widely used, even in the smaller communities of Nebraska and United States. Energy and the issues connected to the different sources are becoming more critical every year. The need for the Energy Element in the Grand Island Comprehensive Development Plan was established by the Nebraska Unicameral and Governor when LB997 was passed and signed during the 2010 legislative session. All communities and counties, with the exception of villages, in Nebraska are required to have an energy element in their comprehensive development plan (if they have one) by January 1 of 2015. This additional requirement forces communities to look at their energy usage and needs and plan that into the future development of the community. This makes the comprehensive development plan more comprehensive and therefore more meaningful. The passage of LB 997 appears to be a first step toward new comprehensive plans addressing the entire issue of Sustainability. Sustainability Sustainability, in today’s discussions, has a number of meanings. According to Webster’s Third International Dictionary, the verb “sustain” is defined as “to cause to continue...to keep up especially without interruption, diminution or flagging”. However, the Brundtland Commission Report in 1987,1 described sustainability as “...development that meets the needs of the present without compromising the ability of future generations to meet their own needs”. In other words, sustainability is the ability of the present generation to live without jeopardizing the ability of future generations to sustain life as we know it today. Our world’s ability to stabilize and begin to make the switch to cleaner and more renewable resources will aid future generations with their quality of life. The more renewable energy sources become the norm for our world, the more likely these sources will be second nature and common place in the future. Americans have grown to rely heavily on electricity. However, state and federal policies have been increasingly more insistent on curbing this reliance; especially, those sources that are produced by non-renewable fossil fuels such as oil and coal. Federal policy has set a goal that 20% of all electricity, by 2030, in the United States be from renewable sources. Renewable sources would include solar, wind, water, geothermal and any number of other sources that have not yet been discovered or brought to production levels. Grand Island Council Session - 9/23/2014 Page 60 / 254 Figure 1 Grand Island Electric Service Area Source: http://www.grand-island.com/index.aspx?page=214 Energy infrastructure Electrical Power Electrical power in Grand Island is supplied by Grand Island Utilities. Grand Island supplements their local generation by wholesale purchases from the Western Area Power Administration, the Nebraska Municipal Power Pool (MEAN), NPPD, and others through a contract with the Southwest Power Pool. Grand Island Council Session - 9/23/2014 Page 61 / 254 Electrical Distribution Overhead Division The Grand Island Utilities Department consists of seven divisions. One of these divisions is the Overhead Division. This division is responsible for the maintenance of existing overhead lines and construction of new overhead lines. All electricity delivered to our customers travels through overhead lines through at least part of its journey to homes and/or businesses. To get electricity to our customers we generate power at one of our power plants. The power from these plants are delivered to customers via overhead power lines. Electrical power that is delivered to our customer travels via a complex path of distribution Substations, Overhead lines, Circuit Breakers, Transformers, Capacitors, Switches, Underground lines and Meters. Most of our customers are connected to power via overhead lines while newer installations are connected via underground lines. The Grand Island Utilities Department has an on-going program to update and maintain its power distribution system. The primary distribution system voltage is 13,800 volts. The system has been upgraded over the years to increase dependability and to be able to provide a more stable supply of electricity to our customers. Included in the system upgrades were consideration for ice storms, wind storms and lightning, as well as public safety and environmental concerns. A well-engineered, heavy duty distribution system that can withstand destructive weather and yet meet the needs of a growing community using increasing amounts of electricity is a priority for us. The Grand Island Utilities Overhead Division is responsible for 410.53 miles of overhead power lines in the service area. This system includes a total of 4,127 transformers. Underground Division The Underground Division of the Grand Island Utilities Department is responsible for the maintenance of existing underground power lines and the construction of new underground power lines. Almost all new services are installed underground. This includes services to both residential and commercial. As part of the Grand Island Utilities Department's on-going efforts to update its system and increase its dependability and safety, some of the older distribution systems are being replaced with updated underground distribution systems. The City is replacing the older overhead lines with new underground lines as time allows. This is being done to improve the appearance of the area as well as improve safety and reliability to customers in the downtown business district. The Grand Island Utilities Underground Division is responsible for 154.26 miles of underground power lines in the service area. This system includes a total of 2,301 transformers. Electrical Generation C.W. Burdick Station The C.W. Burdick Station is Grand Island's second power generating facility. It was named after Clarence W. Burdick, who was commissioner of the Grand Island Water, Light & Ice Dept. from October 6th, 1920 to November 30th, 1960. Mr. Burdick was a very progressive yet conservative director of utilities. He realized the importance of adequate and dependable supplies of electricity and water. Burdick Station became the central location where Grand Island's electricity was generated and distributed from 1956 to 1981. Burdick Station also became the central control center for the pumping and Source: (http://www.grand-island.com/) Grand Island Council Session - 9/23/2014 Page 62 / 254 quality control of Grand Island's domestic water supply. Today Burdick Station is used primarily as a standby power generating facility and continues to be the central control center for Grand Island's domestic water supply. Burdick Station frequently produces power in the summer months as Nebraska's heat and humidity increases the demand for electricity above what Platte Generating Station (PGS) can supply. PGS serves the Grand Island service area as its primary power generator, as PGS uses abundant, inexpensive, low sulfur coal, and Burdick burns expensive natural gas and No. 6 fuel oil. Burdick Station has three combustion turbine units that use natural gas to operate. Generation from Burdick steam units for 2013 were 445,300 MWh while the generation from the combustion turbines was 863,210 MWh Metered Rates Per Month Unit No. 1 Unit No. 2 Unit No. 3 Gas Turbine No. 1 Gas Turbine No. 2 Gas Turbine No. 3 Year placed in service 1957 1963 1972 1968 2003 2003 Rated generation 16.5 mw 22 mw 54 mw 15 mw 40 mw 40 mw Fuel Nat. gas / No. 6 fuel oil Nat. gas / No. 6 fuel oil Nat. gas / No. 6 fuel oil Nat. gas / No. 2 fuel oil Nat. gas / No. 2 fuel oil Nat. gas / No. 2 fuel oil Make of turbine Allis/Chalmers Allis/Chalmers General Electric General Electric General Electric General Electric Source: Grand Island Utilities The C.W. Burdick Station will serve the citizens of Grand Island into the foreseeable future as continued maintenance and upgrades to systems at the plant are planned. New digital control systems that help maximize power production efficiency and monitor plant emissions have been installed for Unit No. 3 and gas turbine No. 1, and control upgrades have been made to Units No. 1 and No. 2. Platte Generating Station Location Platte Generating Station is located in Grand Island at the corner of Wildwood Drive and South Locust Street. From Interstate 80, exit 314, travel north on Locust Street for two miles. At Wildwood Drive, turn west and travel 1/2 miles to the main entrance. Platte Generating Station is open to the public by appointment only during our regular business hours of Monday through Friday (except holidays) from 7 AM to 3 PM. All visitors must check into the office located on the north side of main building (plant) immediately upon entering the site. Anyone planning to enter the plant site after regular business hours should make prior arrangements. Platte Generating Station (PGS) was commissioned in 1982 and has provided reliable, low-cost electrical power to the community during the ensuing years. PGS produces electrical power for approximately 60 percent of the national average cost. According to the Utility Data Institute, Platte Generating Station was ranked the 11th lowest-cost electricity producer among 707 power plants nation-wide from 1989 through 1993. PGS is consistently among the top 25 most efficient plants year-to-year. Among Nebraska cities, Grand Island's electrical rates are in the lowest fifth. The City's electrical power rate increased in 1979 and a 15% rate decrease was accomplished in 1989. The last increase was in 2007. PGS burns approximately 364,600 tons of low-sulfur coal per year to produce about 500,000 megawatts hours. Grand Island Council Session - 9/23/2014 Page 63 / 254 Efficient and reliable service is attained through the acquisition of low-cost coal, and effective operation and maintenance practices. PGS has a staff of experienced, well-trained employees who have produced an enviable long-term plant operating record. The plant operates and is staffed continuously, including all holidays. At full capacity, PGS produces 100 megawatts of electrical power which is enough to illuminate one million, 100 watt light bulbs. During most of the year, PGS provides enough power to satisfy customer demand. However, during peak demand periods, additional power is generated at the Burdick Power Station or purchased from other power producers. Electrical power is generated at PGS in strict compliance with local, state, and federal environmental regulations. In fact, PGS's air emissions remain well below required levels. In order to produce "clean" electrical power, low sulfur coal from Wyoming's Powder River Basin is burned. Low sulfur coal reduces the formation of air pollutants. Additionally, an electrostatic precipitator is used at PGS to remove more than 99 percent of the ash created during the coal combustion process. Since January 1, 1995, a continuous emissions monitor (CEM) has been in service which documents PGS's minute-by-minute compliance with clean air regulations . Most water used at PGS is ultimately returned to the Platte River, following verification that acceptable water discharge standards have been met. Plant systems are designed for water conservation. For example, steam used in the turbine is condensed back into water and reused, and water used for transporting ash is returned to the plant for re-cycling. Power Control F. E. Phelps Control Center The F. E. Phelps Control Center houses the Grand Island Utilities Departments power and water dispatch center as well as engineering and surveying departments of the Utilities Department. The center is named after past Utilities Director Frank E. Phelps. The Phelps Control Center is manned 24 hours a day, seven days a week, including holidays. Primary electrical circuits that distribute power throughout Grand Island's Service Area is monitored and controlled from this location along with power that is sold to other utilities. In the event of a power outage within the Grand Island Utilities Department service area, customers call the Phelps control center to report the outage. Electrical energy that is used in your home or business follows a complex system starting with an electric power generating plant or "power plant" located in Grand Island and other places here in Nebraska. The power plant sends power to high voltage power lines. These lines are controlled with large switches called circuit breakers. The power is then reduced to a lower voltage with large transformers, then passes through more circuit breakers. Before the power is distributed to your home or business, another transformer is used to reduce the voltage down to a usable level. The Phelps Control Center coordinates this process from beginning to end and monitors power at various points throughout the power grid via computer. Operation of system circuit breakers are operated by computer from Phelps Control as well. Substation supervision and engineering, electrical distribution engineering and design, and water distribution engineering and design for the Grand Island Utilities Department share offices with the dispatching center at the Phelps Control Center. Grand Island Council Session - 9/23/2014 Page 64 / 254 The previous three sections are direct excerpts taken from the Grand Island Utilities website Natural Gas Service Natural gas is available in Grand Island is supplied by NorthWestern Energy. Energy Use by Sector This section analyzes the energy use by residential, commercial, and industrial and other users. This section will examine the different types of energy sources that are utilized by these different sectors. Table 1 shows the overall electricity usage by all consumers in Grand Island. The categories are reflective of the ones established by the City. The categories are defined as: Residential = all connections and demand by households in Grand Island Commercial = all retail and office users within Grand Island Industrial = all industrial users within Grand Island Table 1: Total Electrical Usage Grand Island 2010 through 2012 2010 2011 2012 Residential kWH 217,745,672 216,330,992 216,200,092 Residential % of Total 30.6 30.3 29.5 Commercial kWH 176,787,889 178,453,418 182,384,334 Commercial % of Total 24.9 24.9 24.9 Industrial kWH 316,163,022 320,264,771 333,611,638 Industrial % of Total 44.5 44.8 45.6 TOTAL kWH 710,696,383 715,049,181 732,196,064 Annual Change 0.61% 2.40% Customer by Class: Residential Commercial Industrial TOTAL 20,071 4,249 84 24,404 20,152 4,280 87 24,519 20,278 4,308 92 24,678 Source: Grand Island Utilities Table 1 shows the usage of electricity throughout the Grand Island corporate limits from 2010 through 2012. The data indicate the usage by residential, commercial and industrial uses for the time period. In addition, the Table indicates the number of customers per sector. Overall, from 2010 to 2012, the total consumption increased by 2.4% while the customer base increased by 1.12%, which would indicate some of the newer customers added during this period had larger electric consumption or that some of the existing customers increased their usage through additional floor area (commercial or industrial) or there was an increase in the production levels (industrial). Residential Uses The data indicate the percent of total used by sector. The Table shows the overall percentage of the total electrical usage for residential customers went from 30.6% in 2010 to 29.5% in 2012; while the overall number of residential customers increased by 207 connections. From 2010 to 2012, the residential demand saw a decrease every year (-0.65% and -0.06% respectively). The overall residential demand for this period decreased by -0.71%; however, the average per customer for the period saw a -1.71% change going from 10,848 kW in 2010 to 10,662 kW in 2012. These decreases would tend to suggest the following:  More residential customers are becoming more conservation oriented  More residential in turn are purchasing products which consume less energy  More residential customers are making the switch between incandescent bulbs to Compact Fluorescent lights (CFL) or Light Diode Emitting bulbs (LED). Source: (http://www.grand-island.com/) Grand Island Council Session - 9/23/2014 Page 65 / 254  Better energy efficiency measures are be implemented in construction and remodels.  A combination of all these items. Commercial Uses Grand Island’s commercial customers from 2010 to 2012 remained steady as to the proportion of the energy used, holding at 24.9% of the total consumption. Based upon the data from Grand Island Utilities, the overall commercial consumption increased by 3.17% while the total customer base increased by 1.39% during the time period indicated. These data indicate that the increased consumption was nearly double that of the increase in customer base. This indicates a couple of different dynamics may be occurring:  Existing commercial customers are increasing the amount of electricity they require.  Existing commercial customers have increased their space used to provide goods and services.  The new commercial customers are higher than average electric consumers.  A combination of all these items. Industrial Uses Industrial electrical consumption in Grand Island went from 44.5% of the total consumption in 2010 to 45.6% in 2012. The data in Table 1 indicate that the total consumption increased by 5.52% between 2010 and 2012; while the total number of industrial customers increased by 9.5%. Therefore, the increasing consumption actually grew at a slower rate than the number of customers. This indicates several potential possibilities:  The new industrial customers were low consumption businesses.  A combination of new industrial customers and existing industrial customers implementing conservation measures.  Existing customers implementing conservation measures  A combination of all these items. Short-term and Long-term Strategies As the need and even regulatory requirements for energy conservation increases, residents of communities and even rural areas will need to: 1. Become even more conservative with energy usage 2. Make use of existing and future programs for retrofitting houses, businesses, and manufacturing plants 3. Increase their use of renewable energy sources. Residential Strategies There are a number of different strategies that can be undertaken to improve energy efficiency and usage in residences. These strategies range from simple (less costly) to complex (costly). Unfortunately not all of the solution will have an immediate return on investment. As individual property owners, residents will need to find strategies that fit into their ability to pay for savings at the present time. There are several ways to make a residence more energy efficient. Some of the easiest include:  Converting all incandescent light bulbs to Compact Florescent or LED bulbs  Changing air filters more regularly  Installing additional insulation in the attic  Keeping thermostats set a cooler levels in the winter and higher levels in the summer  Converting standard thermostats to digital/programmable thermostats  Changing out older less efficient Air Conditioners and Furnaces to newer high-efficiency units  Changing out older appliances with new Energy Star appliances Some of the more costly ways to make a residence more energy efficient include:  New insulation in exterior walls  Addition of solar panels for either electrical conversion and/or water heater systems in cooperation with Grand Island Utilities and in compliance with the local zoning codes. Grand Island Council Session - 9/23/2014 Page 66 / 254  Adding individual scale wind energy conversion systems in cooperation with Grand Island Utilities and in compliance with the local zoning codes.  Installing geothermal heating and cooling system in cooperation with Grand Island Utilities and in compliance with the local zoning codes.  Installation of energy-efficient low-e windows Commercial and Industrial Strategies Strategies for energy efficiency within commercial and industrial facilities can be more difficult to achieve than those for residential uses. Typically, these improvements will require a greater amount of investment due to the size of most of these facilities. There are a number of different strategies that can be undertaken to improve energy efficiency and usage in residences. Again, not all of the solutions will have an immediate return on investment. As individual property owners, property owners will need to find strategies that will fit into their ability to pay for savings at the present time. There are several ways to make a commercial business more energy efficient. Some of the easiest include:  Converting all incandescent light bulbs to Florescent Lights, Compact Florescent Lighting, or LED on small fixtures  Keeping thermostats set a cooler levels in the winter and higher levels in the summer  Converting standard thermostats to digital/programmable thermostats  Installing additional insulation in an attic space  Changing out older less efficient Air Conditioners and Furnaces to newer high-efficiency units Some of the more costly ways to make a business more energy efficient include:  Installation of energy-efficient windows and/or storefronts  New insulation in exterior walls, if possible  Addition of solar panels for either electrical conversion and/or water heater systems in cooperation with Grand Island Utilities and in compliance with the local zoning codes.  Adding individual scale wind energy conversion systems in cooperation with Grand Island Utilities and in compliance with the local zoning codes.  Installing geothermal heating and cooling system in cooperation with Grand Island Utilities and in compliance with the local zoning codes. Renewable Energy Sources Renewable energy sources are those natural resources such as the wind, sun, water, the earth (geothermal), and even methane (from natural resources or man-made situations) that can be used over and over again with minimal or no depletion. The most common sources of renewable energy resources used in Nebraska is the wind, the sun, the water and/or the earth. The following are examples of how these renewable resources can be used to reduce our dependency on fossil fuels. Grand Island Council Session - 9/23/2014 Page 67 / 254 Wind The wind is one of those resources that seem to be in abundance in Nebraska. Wind is not a new technology in Nebraska; the pioneers that settled in Nebraska used wind mills for power and to work the water wells on their farms and ranches. Wind can be used to produce electricity through the construction of small-scale or utility/commercial grade wind conversion systems (wind turbines). However, not all areas of the state have the ideal levels needed to produce electricity on a utility or commercial level; but the use of small-scale wind turbines on homes and businesses will work in most parts of Nebraska. Figure 3: ANNUAL AVERAGE WIND SPEED AT 80 METERS NEBRASKA The wind quality in Grand Island and Hall County is average to above average, especially south of the Platte River and into Adams County. The darker purple areas are the more ideal locations for wind. However, any future wind development will be determined with the use of meteorological towers used to compile wind data for approximately a one year period prior to making any future decisions. Grand Island Council Session - 9/23/2014 Page 68 / 254 Source: Solar Energy Industries Association Solar Solar energy has been around for decades and it last hit a high in popularity in the 1970’s. However, today’s solar energy design is much more efficient and are more aesthetically pleasing. Some of the aesthetic improvements have to do with the fact that today’s systems are not as bulky as their ancestors. Today solar is being used much like wind turbines, on a small-scale level (home or business) or a much grander level (solar farms). Solar energy includes solar water and space heating as well as taking solar photovoltaic panels to convert the sun’s rays into electricity. Solar panels can typically produce between 100 and 200 watts per square meter at an installed cost of $7 to $9 per watt, but these costs are becoming less every year as more solar units are commissioned and new more cost effective technologies are developed. Based upon the diagram to the right there is great solar potential in the state of Nebraska. A majority of the state lies within some of the better areas in the country for solar potential. Figure 4: SOLAR POTENTIAL CONTOURS Geothermal Energy Geothermal energy includes a process where a series of pipes are lowered into vertical cores called heat-sink wells. The pipes carry a highly conductive fluid that either is heated or cooled by the constant temperature of the ground. The resulting heat exchange is then transferred back into the heating and cooling system of a home or other structure. This is call a geothermal heat exchange system or ground source heat pumps. The California Energy Commission estimates the costs of a geothermal system can earn net savings immediately when financed as Grand Island Council Session - 9/23/2014 Page 69 / 254 part of a 30-year mortgage (Source: American Planning Association, PAS Memo January/February 2009). Renewable Energy in Hall County Renewable energy in Grand Island and the Hall County area will be difficult now and into the future. The reasons for this difficulty is not rooted in the desire of the local residents or political reluctance but more due to nature itself. Nature and the lay of the land creates some very difficult situations for the use of wind energy or hydroelectric generation. Wind generation will be difficult due to the migratory flyway that covers the Hall County area during a three to four month period in the spring and fall. Spring is the more critical period since the Hall County area is one of the major stopovers of the Sandhill Cranes and a limited number of Whooping Cranes. The Whooping Cranes are on the endangered species list and are protected. In addition, since the Whooping Cranes tend to fly north with the Sandhill Cranes, the Sandhill Cranes are afforded the same basic protections during this migratory period. Any commercial or utility grade wind turbine development would likely need to be taken out of production during these periods. This shorter production time would likely harm the cost- effectiveness of most wind farms. Figure 5: SPRING SANDHILL CRANE MIGRATION PATTERN AND PRIMARY NEBRASKA LOCATIONS Source: www.cranetrust.org and http://outdoornebraska.ne.gov/conservation/wildlife- viewing/SandhillCranes/where2watchCranes.asp Hydroelectric generation in Grand Island and Hall County area is not practical and is nearly impossible due to the flatter topography found throughout the area. There are few to no areas that could be dammed up in order to create a large enough water reservoir to power the turbines. Geothermal systems, due to the prevalence of a high water table and extensive industrial ground water contamination in and around Grand Island requires that caution, and good engineering controls should be implemented when considering geothermal installations. However, the other types of renewable energy sources are possible within Hall County, including geothermal (with special engineering considerations), methane, and solar. Solar may create some issues closer to the primary migratory areas of Hall County. Grand Island Council Session - 9/23/2014 Page 70 / 254 Energy Programs in Nebraska The following provides a basic history and description of some newer programs in Nebraska; interested parties should contact the State of Nebraska Energy Office or their local public power district. The following information is an excerpt from the Database of State Incentives for Renewables & Efficiency. C-BED Program In May 2007, Nebraska established an exemption from the sales and use tax imposed on the gross receipts from the sale, lease, or rental of personal property for use in a community-based energy development (C-BED) project. The Tax Commissioner is required to establish filing requirements to claim the exemption. In April 2008 L.B. 916 made several amendments to this incentive, including: (1) clarified C-BED ownership criteria to recognize ownership by partnerships, cooperatives and other pass-through entities; (2) clarified that the restriction on power purchase agreement payments should be calculated according to gross* and not net receipts; (3) added language detailing the review authority of the Tax Commissioner and recovery of exempted taxes; and (4) defined local payments to include lease payments, easement payments, and real and personal property tax receipts from a C-BED project. A C-BED project is defined as a new wind energy project that meets one of the following ownership conditions:  For a C-BED project that consists of more than two turbines, the project is owned by qualified owners with no single qualified owner owning more than 15% of the project and with at least 33% of the power purchase agreement payments flowing to the qualified owner or owners or local community; or  For a C-BED project that consists of one or two turbines, the project is owned by one or more qualified owners with at least 33% of the power purchase agreement payments flowing to a qualified owner or local community. In addition, a resolution of support for the project must be adopted by the county board of each county in which the C-BED project is to be located or by the tribal council for a C-BED project located within the boundaries of an Indian reservation. A qualified C-BED project owner means:  a Nebraska resident;  a limited liability company that is organized under the Limited Liability Company Act and that is entirely made up of members who are Nebraska residents;  a Nebraska nonprofit corporation;  an electric supplier(s), subject to certain limitations for a single C-BED project; or  a tribal council. In separate legislation (LB 629), also enacted in May 2007, Nebraska established the Rural Community-Based Energy Development Act to authorize and encourage electric utilities to enter into power purchase agreements with C-BED project developers. * LB 561 of 2009 established that gross power purchase agreement payments do not include debt financing if the agreement is entered into on or before December 31, 2011, and the qualified owners have a combined total of at least 33% of the equity ownership in the C-BED project. Local Government and Renewable Energy Policies Local governments need to take steps to encourage greater participation in wind generation. Cities and counties can do a number of items to make these projects more attractive. Some of the things that could be done are:  Develop or amend existing zoning regulations to allow small-scale wind turbines as an accessory use in all districts Grand Island Council Session - 9/23/2014 Page 71 / 254  Develop or amend existing zoning regulations to exempt small-scale turbines from maximum height requirements when attached to an existing or new structure.  Work with the local public power utility on ways to use wind turbines on small-scale individual projects or as a source of power for the community. Net Metering in Nebraska LB 436, signed in May 2009, established statewide net metering rules for all electric utilities in Nebraska. The rules apply to electricity generating facilities which use solar, methane, wind, biomass, hydropower or geothermal energy, and have a rated capacity at or below 25 kilowatts (kW). Electricity produced by a qualified renewable energy system during a month shall be used to offset any kilowatt-hours (kWh) consumed at the premises during the month. Any excess generation produced by the system during the month will be credited at the utility's avoided cost rate for that month and carried forward to the next billing period. Any excess remaining at the end of an annualized period will be paid out to the customer. Customers retain all renewable energy credits (RECs) associated with the electricity their system generates. Utilities are required to offer net metering until the aggregate generating capacity of all customer- generators equals one percent of the utility's average monthly peak demand for that year. State Law of Solar and Wind Easements Nebraska's solar and wind easement provisions allow property owners to create binding solar and wind easements for the purpose of protecting and maintaining proper access to sunlight and wind. Originally designed only to apply to solar, the laws were revised in March 1997 (Bill 140) to include wind. Counties and municipalities are permitted to develop zoning regulations, ordinances, or development plans that protect access to solar and wind energy resources if they choose to do so. Local governing bodies may also grant zoning variances to solar and wind energy systems that would be restricted under existing regulations, so long as the variance is not substantially detrimental to the public good. LB 568, enacted in May 2009, made some revisions to the law and added additional provisions to govern the establishment and termination of wind agreements. Specifically, the bill provides that the initial term of a wind agreement may not exceed forty years. Additionally, a wind agreement will terminate if development has not commenced within ten years of the effective date of the wind agreement. If all parties involved agree to extend this period, however, the agreement may be extended. Current Renewable Energy Programs and Funding Sources Grand Island Utility Incentives Grand Island Utilities has one incentive program available, which eliminates older refrigerators and freezers. By doing so the Utility will pay customers for removing these older appliances. Low interest Loan Program This program makes available low interest loans for residential and commercial energy efficiency improvements. The Nebraska Energy Office administers this program, which was created in 1990 using oil overcharge funds. Only improvements to existing buildings that are at least 5 years old are eligible for loan assistance. As of March 31, 2010, 25,618 loans have been made totaling $205.3 million and financing $210.8 million in eligible projects. Grand Island Council Session - 9/23/2014 Page 72 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item E-4 Public Hearing on Acquisition of Drainage Easement in Section 29, Township 11 North, Range 9 (Saint Leo’s Church of Grand Island – 2410 S Blaine St) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/23/2014 Page 73 / 254 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 23, 2014 Subject:Public Hearing on Acquisition of Drainage Easement in Section 29, Township 11 North, Range 9 (Saint Leo’s Church of Grand Island – 2410 S Blaine St) Item #’s:E-4 & G-6 Presenter(s):John Collins PE, Public Works Director Background A drainage easement needs to be dedicated along the west side of Blaine Street, along 2410 S Blaine Street, to allow for proper drainage with the redevelopment of the parking lot at Saint Leo’s Church of Grand Island. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion As part of the redevelopment of the church parking lot drainage is being improved by installing a drainage pipe and filling in the ditch on the west side of Blaine Street. A sanitary sewer main is in the right-of-way ditch along this roadway, therefore an easement is necessary for drainage of the roadway and new pipe is needed outside of the right-of-way to avoid possible conflicts with existing utilities. The new easement will be a total of sixteen (16) feet wide, as shown on the attached drawing. The property owner has signed & returned the necessary easement document. There will be no compensation to the property owner for such easement, and all work is being done at the expense of the property owner. A license agreement will be executed between the City and the property owner for the pipe that will be placed within the easement, as this will be the responsibility of the property owner to maintain. Grand Island Council Session - 9/23/2014 Page 74 / 254 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 conduct a Public Hearing and approve acquisition of the drainage easement from Saint Leo’s Church of Grand Island in Section 29, Township 11 North, Range 9. Sample Motion Move to approve the acquisition of the drainage easements. Grand Island Council Session - 9/23/2014 Page 75 / 254 Grand Island Council Session - 9/23/2014 Page 76 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item F-1 #9504 - Consideration of Request to Rezone Property Located at 3180 US Hwy 34 from RO Residential Office to B2 General Business This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 9/23/2014 Page 77 / 254 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9504 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land in the Southwest Quarter of the Southwest Quarter (SW¼ SW¼) of Section Twenty-Nine (29), Township Eleven (11) North, Range Nine (9), West of the Sixth P.M., in the City of Grand Island, Hall County, Nebraska, from RO Residential Office Zone to B2 General Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on September 3, 2014, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on September 23, 2014, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from RO Residential Office Zone to B2 General Business Zone: A tract of land comprising a part of the Southwest Quarter of the Southwest Quarter (SW¼ SW¼) of Section Twenty-Nine (29), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at a point on the at the center of the intersection of Tech Drive and U.S. Highway 34 and following the centerline of U.S. Highway 34 westerly 696 feet thence north parallel with Tech Drive a distance of 990 feet, thence east parallel with the centerline of U.S. Highway 34 to the centerline of Tech Drive, thence south to the point of beginning. Grand Island Council Session - 9/23/2014 Page 78 / 254 ORDINANCE NO. 9504 (Cont.) - 2 - SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 23, 2014. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 79 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item F-2 #9505 - Consideration of Request to Rezone Property Located at 3420 West State Street from CD Commercial Development to Amended Commercial Development This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 9/23/2014 Page 80 / 254 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9505 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; amending the Commercial Development district and Final Development Plan for Grand Island Mall Sixteenth Subdivision (Lots 1, 2 and 3 Inclusive); directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the final development plan for Grand Island Mall Sixteenth Subdivision is amended as shown on the development plan approved and signed by the Subdivider and the City with the Subdivision agreement. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 23, 2014. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 81 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-1 Approving Minutes of September 9, 2014 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 9/23/2014 Page 82 / 254 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 9, 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 September 9, 2014. Notice of the meeting was given in The Grand Island Independent on September 3, 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 Pastor Todd Bowen, Grace Covenant Church, 418 West 12th Street. The Grand Island Fire Department Honor Guard presented the colors followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Jerome Campbell. PRESENTATIONS: Recognition of Patriot Day, September 11, 2014. Fire Chief Cory Schmidt commented on the tragedy of September 11, 2014. BOARD OF EQUALIZATION: Motion by Gilbert, second by Donaldson, carried unanimously to adjourn to the Board of Equalization. #2014-BE-3 (A) – Consideration of Determining Benefits for Downtown Business Improvement District 2013. Finance Director Jaye Monter reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Downtown BID 2013. Special assessments were for the amount of $92,699.52. Presented were two Resolutions with a 70% and 100% assessment for owner occupied residents. Motion by Gilbert, second by Stelk to approve Resolution #2013-BE-3 (A). Upon roll call vote, all voted aye. Motion adopted. #2014-BE-4 – Consideration of Determining Benefits for Fonner Park Business Improvement District 2013. Finance Director Jaye Monter reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Fonner Park BID 2013. Special assessments were for the amount of $39,599.00. Motion by Donaldson, second by Minton to approve Resolution #2014-BE-4. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/23/2014 Page 83 / 254 Page 2, City Council Regular Meeting, September 9, 2014 #2014-BE-5 – Consideration of Determining Benefits for South Locust Business Improvement District 2013. Finance Director Jaye Monter reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for South Locust BID 2013. Special assessments were for the amount of $70,170.00. Motion by Paulick, second by Nickerson to approve Resolution #2014-BE-5. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Nickerson carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from The Cigarette Store Corp. dba Smoker Friendly Liquor & Tobacco #018, 710 Diers Avenue for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from The Cigarette Store Corp. dba Smoker Friendly Liquor & Tobacco #018, 710 Diers Avenue. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 15, 2014; notice to the general public of date, time, and place of hearing published on August 30, 2014; notice to the applicant of date, time, and place of hearing mailed on August 15, 2014; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections and completion of a state approved alcohol server/seller training program. Dan Gallager representing Smoker Friendly was present to answer questions. No public testimony was heard. Public Hearing on Request from Meier Recreation, LLC dba Infuse Mixology Bar & Bistro, 313 West 3rd Street for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from Meier Recreation, LLC dba Infuse Mixology Bar & Bistro, 313 West 3rd Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 22, 2014; notice to the general public of date, time, and place of hearing published on August 30 2014; notice to the applicant of date, time, and place of hearing mailed on August 22, 2014; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections and completion of a state approved alcohol server/seller training program. Blake Meier was present to answer questions. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement - 3133 W. U.S. Highway 34 (The Museum Board of Hall County, Nebraska). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3133 W. U.S. Highway 34 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would provide for a new transformer for the power supply to the main building on the island and allow a back-up power supply to the entire campus. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 2423 S. Blaine Street (Cesar & Jennifer Moreno). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2423 S. Blaine Street was needed in order to have access to install, upgrade, maintain, and Grand Island Council Session - 9/23/2014 Page 84 / 254 Page 3, City Council Regular Meeting, September 9, 2014 repair power appurtenances, including lines and transformers. The easement would be used to place underground secondary cable to a location where three lots can be served and remove the overhead secondary crossing private lots. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - West of Blaine Street and North of Schimmer Drive (Blaine Road L.L.C. – Cara & Gordon Glade). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located west of Blaine Street and north of Schimmer Drive was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would place underground conduit, cable and a pad-mounted transformer to provide the requested service to a new barn. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 2909 W. Highway 30 - Norton (Brian Scott & Lisa Norton - Healthplex)). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2909 W. Highway 30 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place underground conduit, cable, and a pad-mounted transformer to provide additional electrical power to the expanded Healthplex building. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (U.S. Department of Veterans Affairs). Public Works Director John Collins reported that acquisition of public utility easement was needed for the North Interceptor Phase II in order to replace aged force main sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. This easement would allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Drainage Easement in Section 12, Township 11 North, Range 10 (Blender, LLC – 3812 West 13th St). Public Works Director John Collins reported that acquisition of a drainage easement was needed to grade the ditch along the north side of 13th Street. This easement would allow for drainage maintenance along the 13th Road north ditch. Staff recommended approval. No public testimony was heard. Public Hearing on Establishing Rates for the General Property Occupation Tax for Downtown Parking District No. 1 for FY 2014-2015. Finance Director Jaye Monter reported this was the annual Council action to establish the occupation tax for Downtown Improvement and Parking District No. 1. FY 2014-2015 occupation tax factor was $.1458 per square foot and would provide taxes of $40,014.39. Staff recommended approval. No public testimony was heard. Public Hearing on General Property, Downtown Improvement Parking District #2 (Ramp) and Community Redevelopment Authority (CRA) Tax Request for FY 2014-2015. Finance Director Jaye Monter reported that state statutes required the City to conduct a public hearing if the property tax request changes from one year to the next. Property tax request for the 2014-2015 general property tax was $8,616,638, Parking District No. 2 at $8,000, and the Community Redevelopment Authority property tax at $669,384. Staff recommended approval. No public testimony was heard. Grand Island Council Session - 9/23/2014 Page 85 / 254 Page 4, City Council Regular Meeting, September 9, 2014 Public Hearing on Proposed FY 2014-2015 Budgets City of Grand Island and Community Redevelopment Authority (CRA) and City of Grand Island Budget. Finance Director Jaye Monter reviewed changes to the 2014-2015 Budget. Staff recommended approval. No public testimony was heard. RESOLUTIONS: #2014-288 - Consideration of Approving Labor Agreement between the City of Grand Island and IBEW, Local 1597 – Wastewater Treatment Plant. Human Resources Director Brenda Sutherland reported the agreement would run from October 1, 2014 through September 30, 2018. Mentioned were several changes to the agreement. Motion by Nickerson, second by Paulick to approve Resolution #2014-288. Upon roll call vote, all voted aye. Motion adopted. #2014-289 - Consideration of Approving Labor Agreement between the City of Grand Island and IBEW, Local 1597 – Service/Clerical. Human Resources Director Brenda Sutherland reported the agreement would run from October 1, 2014 through September 30, 2018. Mentioned were several changes to the agreement. Motion by Minton, second by Hehnke to approve Resolution #2014-289. Upon roll call vote, all voted aye. Motion adopted. #2014-290 - Consideration of Approving Labor Agreement between the City of Grand Island and IBEW, Local 1597 – Finance. Human Resources Director Brenda Sutherland reported the agreement would run from October 1, 2014 through September 30, 2018. Mentioned were several changes to the agreement. Motion by Donaldson, second by Minton to approve Resolution #2014-290. Upon roll call vote, all voted aye. Motion adopted. #2014-291 - Consideration of Approving Labor Agreement between the City of Grand Island and IBEW, Local 1597 – Utilities. Human Resources Director Brenda Sutherland reported the agreement would run from October 1, 2014 through September 30, 2017. Mentioned were several changes to the agreement. Motion by Haase, second by Mann to approve Resolution #2014-291. Upon roll call vote, all voted aye. Motion adopted. IBEW representatives Gary Hochreiter and Ron Christensen were present for the signing of the contracts. #2014-292 - Consideration of Approving Labor Agreement between the City of Grand Island and the IAFF, Local 647. Human Resources Director Brenda Sutherland reported the agreement would run from October 1, 2014 through September 30, 2017. Mentioned were several changes to the agreement. Grand Island Council Session - 9/23/2014 Page 86 / 254 Page 5, City Council Regular Meeting, September 9, 2014 Motion by Nickerson, second by Gericke to approve Resolution #2014-292. Upon roll call vote, all voted aye. Motion adopted. IAFF representative Phil Thomas was present for the signing of the contract. 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: Review of Ordinance 9411, Enacted: November 27, 2012 Review of Ordinance 9412, Enacted: November 27, 2012 #9496 - Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement Parking District No. 1 #9497 (A) - Consideration of Assessments for Downtown Business Improvement District 2013 #9498 - Consideration of Assessments for Fonner Park Business Improvement District 2013 #9499 - Consideration of Assessments for South Locust Business Improvement District 2013 #9500 - Consideration of Approving FY 2014-2015 Annual Single City Budget and the Annual Appropriations Bill Including Addendum #1 #9501 - Consideration of Vacation of a Utility Easement Located in Skag-Way Second Subdivision (Super Market Developers, Inc.) #9502 - Consideration of Creation of Sanitary Sewer District No. 535T, Extension of Sanitary Sewer to Serve Part Lot 1; Voss Subdivision, Lot(s) 1, 2 Windolph's Subdivision, and Part NW1/4 of Section 14, Township 11 North, Range 9 West #9503 - Consideration of Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all aye. Motion adopted. #9503 - Consideration of Salary Ordinance Human Resources Director Brenda Sutherland reported Ordinance #9503 represented the positions in the IBEW (Finance, Wastewater Treatment Plant, Service/Clerical, and Utilities) and the IAFF bargaining units just approved by Council. Motion by Donaldson, second by Mann to approve Ordinance #9503. City Clerk: Ordinance #9503 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 #9503 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/23/2014 Page 87 / 254 Page 6, City Council Regular Meeting, September 9, 2014 Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9503 is declared to be lawfully adopted upon publication as required by law. Review of Ordinance 9411, Enacted: November 27, 2012. Finance Director Jaye Monter reported that Ordinance 9411 directed Council to review compensation for City Council members when there was a Council election. Discussion was held regarding salary comparables. Comments were made regarding travel and training. Motion by Gericke, second by Paulick to increase the Council salary from $7,200 to $8,400 annually. Upon roll call vote, Councilmembers Paulick and Gericke voted aye. Councilmembers Minton, Stelk, Gilbert, Nickerson, Hehnke, Haase, Donaldson, and Mann voted no. Motion failed. Motion by Nickerson, second by Gericke to adjust the Council salary from $7,200 to $7,800 per year. Upon roll call vote, Councilmembers Minton, Paulick, Gericke, Gilbert, Nickerson, and Donaldson voted aye. Councilmembers Stelk, Hehnke, Haase, and Mann voted no. Motion adopted. Mayor Vavricek vetoed the motion. Motion by Gericke, second by Nickerson to override the Mayor’s veto. Upon roll call vote, Councilmembers Minton, Paulick, Gericke, Gilbert, Nickerson, Hehnke, Haase, and Donaldson voted aye. Councilmembers Stelk and Mann voted no. Motion adopted. City Clerk: Ordinance #9411 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 #9411 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9411 is declared to be lawfully adopted upon publication as required by law. Review of Ordinance 9412, Enacted: November 27, 2012. Finance Director Jaye Monter reported that Ordinance 9412 directed Council to review compensation for Mayor when there was a Mayoral election. Motion by Nickerson, second by Stelk that no action be taken. Upon roll call vote, Councilmembers Minton, Paulick, Stelk, Gilbert, Nickerson, Hehnke, Donaldson, and Mann vote aye. Councilmember Gericke voted no. Councilmember Haase abstained. Motion adopted. #9496 - Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement Parking District No. 1 Grand Island Council Session - 9/23/2014 Page 88 / 254 Page 7, City Council Regular Meeting, September 9, 2014 Ordinance #9496 related to the aforementioned Public Hearing. Motion by Paulick, second by Minton to approve Ordinance #9496. City Clerk: Ordinance #9496 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 #9496 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9496 is declared to be lawfully adopted upon publication as required by law. #9497 (A) - Consideration of Assessments for Downtown Business Improvement District 2013 Motion by Gilbert, second by Stelk to approve Ordinance #9497 (A). City Clerk: Ordinance #9497 (A) on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9497 (A) on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9497 (A) is declared to be lawfully adopted upon publication as required by law. #9498 - Consideration of Assessments for Fonner Park Business Improvement District 2013 Motion by Donaldson, second by Hehnke to approve Ordinance #9498. City Clerk: Ordinance #9498 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 #9498 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9498 is declared to be lawfully adopted upon publication as required by law. #9499 - Consideration of Assessments for South Locust Business Improvement District 2013 Motion by Paulick, second by Minton to approve Ordinance #9499. Grand Island Council Session - 9/23/2014 Page 89 / 254 Page 8, City Council Regular Meeting, September 9, 2014 City Clerk: Ordinance #9499 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 #9499 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9499 is declared to be lawfully adopted upon publication as required by law. RESOLUTIONS: #2014-285 - Consideration of Approving General Property, Downtown Improvement Parking District #2 (Ramp) and Community Redevelopment Authority (CRA) Tax Request for FY 2014- 2015. This item related to the aforementioned Public Hearing. Ms. Monter stated the General Property tax asking was $8,616,638, the Downtown Improvement Parking District #2 (Ramp) tax asking was $8,000, and the Community Redevelopment Authority (CRA) tax asking was $691,245. Motion by Nickerson, second by Minton to approve Resolution #2014-285. Motion by Haase to reduce the tax levy from .3241 to .3196. Motion failed due to a lack of a second. Upon roll call vote of the main motion, Councilmembers Minton, Paulick, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Donaldson, and Mann voted aye. Councilmember Haase voted no. Motion adopted. #2014-286 - Consideration of Approving 2014-2015 Fee Schedule. Finance Director Jaye Monter reviewed the fee changes from the June 17 and August 14, 2014 meetings. Motion by Paulick, second by Minton to approve Resolution #2014-286. Upon roll call vote, all voted aye. Motion adopted. #2014-287 - Consideration of Approving 1% Increase to the Restricted Revenues Lid Limit. Finance Director Jaye Monter reported that in 1998 the Nebraska State Legislature passed LB 989 which put a lid on the amount of restricted revenues a political subdivision could budget for. The restricted revenues that the City of Grand Island included in the budget were: Property Taxes, Local Option Sales Tax, Motor Vehicle Tax, Highway Allocation and Municipal Equalization Funds. The additional 1% increase for FY 2014-2015 State of Nebraska budget report would increase the prior year restricted revenues base by $276,692. This increase in restricted funds authority was not an increase in budgeted revenues or authorized expenditures. It only provided the ability to increase restricted revenues in order to budget all restricted revenue funding sources each budget year. Motion by Minton, second by Nickerson to approve Resolution #2014-287. Upon roll call vote, Councilmembers Selk, Gericke, Nickerson, Hahnke, Donaldson, and Mann voted aye. Councilmembers Minton, Paulick, Gilbert, and Haase voted no. Motion failed. Grand Island Council Session - 9/23/2014 Page 90 / 254 Page 9, City Council Regular Meeting, September 9, 2014 ORDINANCES: #9500 - Consideration of Approving FY 2014-2015 Annual Single City Budget and the Annual Appropriations Bill Including Addendum #1 Ms. Monter stated the total annual appropriations for the FY 2014-2015 Annual Single City Budget and the Annual Appropriations Bill including Addendum #1 were $212,633,692. The budget would begin October 1, 2014 and end September 30, 2015. Motion by Nickerson, second by Minton to approve Ordinance #9500. Comments were made by Council that this was an unsustainable budget. Mentioned was future growth, unfinished projects and concerns for future budgets. Motion by Haase, second by Gilbert to reduce the appropriations for the Fire study by $250,000. Upon roll call vote, Councilmembers Stelk, Gilbert, Nickerson, Hehnke, Haase, and Donaldson voted aye. Councilmembers Minton, Paulick, Gericke, and Mann voted no. Motion adopted. Mayor Vavricek vetoed the motion. Mayor Vavricek noted in his comments that based on the working of the motion, there would be no funds available for either a 911 Center or a Fire Station study. City Attorney Robert Sivick stated he didn’t think the veto was appropriate at this time. He stated the Mayor had the right to veto appropriations but that this was not an appropriation and there was nothing to veto at this point. Motion by Nickerson, second by Gilbert to appropriate $50,000 for a backup 911 Center. Emergency Management Director Jon Rosenlund answered questions regarding what the $50,000 would be used for. He stated this would be the design process for the backup 911 Center and that options would be brought back to Council for a decision on how to go forward and the cost of the project which would impact next year’s budget. Upon roll call vote, Councilmembers Minton, Paulick, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Haase, and Donaldson voted aye. Councilmember Mann voted no. Motion adopted. City Clerk: Ordinance #9500 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Minton, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Donaldson, and Mann voted aye. Councilmembers Paulick and Haase voted no. Motion adopted. City Clerk: Ordinance #9500 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, Councilmembers Minton, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Donaldson, and Mann voted aye. Councilmembers Paulick and Haase voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9500 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 9/23/2014 Page 91 / 254 Page 10, City Council Regular Meeting, September 9, 2014 #9501 - Consideration of Vacation of a Utility Easement Located in Skag-Way Second Subdivision (Super Market Developers, Inc.) Public Works Director John Collins reported that Super Market Developers, Inc. was requesting to vacate a utility easement to support redevelopment at 620 West State Street. Motion by Paulick, second by Donaldson to approve Ordinance #9501. City Clerk: Ordinance #9501 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 #9501 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9501 is declared to be lawfully adopted upon publication as required by law. #9502 - Consideration of Creation of Sanitary Sewer District No. 535T, Extension of Sanitary Sewer to Serve Part Lot 1; Voss Subdivision, Lot(s) 1, 2 Windolph's Subdivision, and Part NW1/4 of Section 14, Township 11 North, Range 9 West Public Works Director John Collins reported that a sanitary sewer main was constructed as part of the North Interceptor Phase I construction project, which runs easterly from Seedling Mile Access Road to Voss Road. Thirteen (13) customers could be served with this tap district through assessments. Motion by Donaldson, second by Minton to approve Ordinance #9502. City Clerk: Ordinance #9502 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 #9502 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9502 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-20 was removed for further discussion. Motion by Mann, second by Donaldson to approve the Consent Agenda excluding item G-20. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 21, 2014 City Council Special Meeting. Approving Minutes of August 26, 2014 City Council Regular Meeting. #2014-260 - Approving Acquisition of Utility Easement located at 3133 W. U.S. Highway 34 (The Museum Board of Hall County, Nebraska). Grand Island Council Session - 9/23/2014 Page 92 / 254 Page 11, City Council Regular Meeting, September 9, 2014 #2014-261 - Approving Acquisition of Utility Easement located at 2423 S. Blaine Street (Cesar & Jennifer Moreno). #2014-262 - Approving Acquisition of Utility Easement located West of Blaine Street and North of Schimmer Drive (Blaine Road, L.L.C. – Cara & Gordon Glade). #2014-263 - Approving Acquisition of Utility Easement located at 2909 W. Highway 30 (Brian Scott & Lisa Norton - Healthplex). #2014-264 - Approving Proposal for Supply and Delivery of Powdered Activated Carbon to Platte Generating Station with ADA Carbon Solutions of Littleton, CO. #2014-265 - Approving Proposal for Supply and Delivery of Pebble Lime to Platte Generating Station with Mississippi Lime of St. Louis, MO. #2014-266 - Approving Bid Award for Steam Generator Boiler Repair at Platte Generating Station with Hayes Mechanical of Omaha, NE in an Amount of $185,922.00. #2014-267 - Approving Bid Award for Insertable Dust Collectors - Bunkers & Conveyor #5 at Platte Generating Station with Martin Engineering of Neponset, IL in an Amount of $157,178.13. #2014-268 - Approving Bid Award for Construction of Water Main District 466T - Airport Road with Van Kirk Brothers Contracting of Sutton, NE in an Amount of $742,021.40. #2014-269 - Approving Renewal of Boiler and Machinery Insurance for the Utilities Department with Factory Mutual Insurance Company in an Amount of $461,424.00. #2014-270 - Approving Certificate of Final Completion for Water Main Project 2014-W-1 (3rd & Garfield Streets at the Union Pacific Railroad Tracks) with The Diamond Engineering Co. of Grand Island, NE. #2014-271 - Approving Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (U.S. Department of Veterans Affairs). #2014-272 - Approving Acquisition of Drainage Easement in Section 12, Township 11 North, Range 10 (Blender, LLC – 3812 W 13th St). #2014-273 - Approving Authorizing Clean Water State Revolving Fund (CWSRF) Loans. #2014-274 - Approving Burlington Northern Santa Fe Railway Company Pipeline Crossing Agreement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4. #2014-275 - Approving Nebraska Central Railroad Company Pipeline Crossing Agreement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4. #2014-276 - Approving Temporary Construction Easements for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (U.S. Department of Veterans Affairs & Lassonde). Grand Island Council Session - 9/23/2014 Page 93 / 254 Page 12, City Council Regular Meeting, September 9, 2014 #2014-277 - Approving Bid Award for Westgate Drainage Improvements Drainage District No. 2013-D-4 with The Diamond Engineering Co. of Grand Island, NE in an Amount of $146,349.15. Discussion was held concerning the size of the pipe. Public Works Project Manager Terry Brown explained value engineering and that the size of the pipe did not need to be larger for this project. Motion by Nickerson, second by Minton to approve Resolution #2014-277. Upon roll call vote, all voted aye. Motion adopted. #2014-278 - Approving Amendment No. 9 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" with Black & Veatch of Kansas City, MO for an Increase of $1,846,639.00 and a Revised Contract Amount of $9,181,115.00. #2014-279 - Approving Authorization for Emergency Sanitary Sewer Repairs in the Alley between Park Avenue & Grand Island Avenue from Prospect Street to Forrest Street with The Diamond Engineering Co. of Grand Island, NE in an Amount of $37,425.00. #2014-280 - Approving Annual Agreement for Financial Software Licensing and Support with Tyler Technologies, Inc. d/b/a MUNIS in an Amount of $45,035.83. #2014-281 - Approving Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services. RESOLUTIONS: #2014-282 - Consideration of Request from The Cigarette Store Corp. dba Smoker Friendly Liquor & Tobacco #018, 710 Diers Avenue for a Class “C” Liquor License and Liquor Manager Designation for Jack Bailey, 2218 West 10th Street. This item was related to the aforementioned Public Hearing. Motion by Paulick, second by Hehnke to approve Resolution #2014-282 with conditions. Upon roll call vote, all voted aye. Motion adopted. #2014-283 - Consideration of Request from Meier Recreation, LLC dba Infuse Mixology Bar & Bistro, 313 West 3rd Street for a Class “C” Liquor License and Liquor Manager Designation for Blake Meier, 920 Sagewood Avenue. This item was related to the aforementioned Public Hearing. Motion by Donaldson, second by Minton to approve Resolution #2014-283 with conditions. Upon roll call vote, all voted aye. Motion adopted. #2014-284 - Consideration of Approving Award for the Construction of North Interceptor II; Project No. 2013-S-4 with S.J. Louis Construction, Inc. of Rockville, MN in an Amount of $21,479,537.50. Public Works Director John Collins reported that bids were received, opened and reviewed with S.J. Louis Construction, Inc. of Rockville, MN being the lowest responsible bidder. Grand Island Council Session - 9/23/2014 Page 94 / 254 Page 13, City Council Regular Meeting, September 9, 2014 Motion by Paulick, second by Haase to approve Resolution #2014-284. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Donaldson, second by Nickerson to approve the Claims for the period of August 27, 2014 through September 9, 2014, for a total amount of $5,437,470.80. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:54 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/23/2014 Page 95 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-2 Approving Garbage Permits for Heartland Disposal and Mid- Nebraska Disposal, Inc. and Refuse Permits for Full Circle Rolloffs and O’Neill Transportation and Equipment LLC Staff Contact: RaNae Edwards Grand Island Council Session - 9/23/2014 Page 96 / 254 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 23, 2014 Subject:Approving Garbage and Refuse Haulers Permits Item #’s:G-2 Presenter(s):RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2014/2015: Heartland Disposal, 1839 East 4th Street Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle Rolloffs, 1839 East 4th Street Refuse O’Neill Transportation and Equipment, 7100 West Old Potash Hwy Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the renewal for garbage/refuse permits. 2.Disapprove or deny the renewals. 3.Modify the renewals to meet the wishes of the Council. 4.Table the issue Grand Island Council Session - 9/23/2014 Page 97 / 254 Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2014/2015. Sample Motion Move to approve the renewal for garbage/refuse permits for 2014/2015. Grand Island Council Session - 9/23/2014 Page 98 / 254 Grand Island Council Session - 9/23/2014 Page 99 / 254 Grand Island Council Session - 9/23/2014 Page 100 / 254 Grand Island Council Session - 9/23/2014 Page 101 / 254 Grand Island Council Session - 9/23/2014 Page 102 / 254 Grand Island Council Session - 9/23/2014 Page 103 / 254 Grand Island Council Session - 9/23/2014 Page 104 / 254 Grand Island Council Session - 9/23/2014 Page 105 / 254 Grand Island Council Session - 9/23/2014 Page 106 / 254 Grand Island Council Session - 9/23/2014 Page 107 / 254 Grand Island Council Session - 9/23/2014 Page 108 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-3 #2014-293 - Approving Preliminary and Final Plat and Subdivision Agreement for Grand Island Mall 16th Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/23/2014 Page 109 / 254 Council Agenda Memo From: Regional Planning Commission Meeting: September 23, 2014 Subject: Grand Island Mall 16th Subdivision – Preliminary & Final Plat Item #’s: G-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of State Street and east of US Hwy 281 in the City of Grand Island, in Hall County, Nebraska. Consisting of (3 Lots) and 8.996 acres. Discussion The plat for Grand Island Mall 16th Subdivision, Preliminary & Final Plat was considered by the Regional Planning Commission at the September 3, 2014 meeting. This item is part of the rezoning application that is also under consideration for this meeting. The same action that occurs with the rezoning application needs to occur with this request. A motion was made by Hayes and seconded by Heckman to approve the plat as presented. A roll call vote was taken and the motion passed with 8 members present and voting in favor (O’Neill, Ruge, Hayes, Reynolds, Heckman, Huismann, Bredthauer and Connelly) and no members abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee Grand Island Council Session - 9/23/2014 Page 110 / 254 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/23/2014 Page 111 / 254 Grand Island Council Session - 9/23/2014 Page 112 / 254 EIG Grand Island L.L.C. Developer/Owner Robert Sutton, Chief Investment Officer 111 E Wayne Suite 800 Fort Wayne, IN 46802 To create 3 lots located north of State Street and east of US Hwy 281, in Grand Island, in the City of Grand Island, in Hall County, Nebraska. Size: 8.996 acres Zoning: CD – Commercial Development Road Access: City Roads Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 9/23/2014 Page 113 / 254 August 20, 2014 Dear Members of the Board: RE: Preliminary & Final Plat – Grand Island Mall 16th Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Grand Island Mall 16th Subdivision, located in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 3 lots, on a tract of land comprising all of Lot One (1), Grand Island Mall Twelfth Subdivision, in the City of Grand Island, Hall County, Nebraska, said tract containing 8.996 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on September 3, 2014 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Building Department City Utilities Manager of Postal Operations Rockwell & Associates LLC This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 9/23/2014 Page 114 / 254 Grand Island Council Session - 9/23/2014 Page 115 / 254 Grand Island Council Session - 9/23/2014 Page 116 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-293 WHEREAS Super Market Developers, Inc., being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “SKAG-WAY THIRD SUBDIVISION”, to be laid out into 2 lots, a Replat of all of Lot 1 of Skag-Way 2nd Subdivision and all of Lot 3 of Skag-Way Subdivision, in the City of Grand Island, Hall County, Nebraska, West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SKAG-WAY THIRD SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 117 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-4 #2014-294 - Approving Final Plat and Subdivision Agreement for Skag-Way Third Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/23/2014 Page 118 / 254 Council Agenda Memo From: Regional Planning Commission Meeting: September 23, 2014 Subject: Skag-Way 3rd Subdivision – Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of State Street and east of Broadwell Ave., in the City of Grand Island, in Hall County, Nebraska. Consisting of (2 Lots) and 12.01 acres. Discussion The plat for Skag-Way 3rd Subdivision Final Plat was considered by the Regional Planning Commission at the September 3, 2014 meeting. The attached subdivision agreement includes a number of non-standard items to layout a process and understanding between the developer and the City regarding redevelopment of this site. A motion was made by Hayes and seconded by Heckman to approve the plat as presented. A roll call vote was taken and the motion passed with 8 members present and voting in favor (O’Neill, Ruge, Hayes, Reynolds, Heckman, Huismann, Bredthauer and Connelly) and no members abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date Grand Island Council Session - 9/23/2014 Page 119 / 254 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/23/2014 Page 120 / 254 Grand Island Council Session - 9/23/2014 Page 121 / 254 Super Market Developers, INC Developer/Owner Super Market Developers, Inc 5000 Kansas Ave Kansas City KS 66106 To create 2 lots located north of State Street and east of Broadwell Ave., in the City of Grand Island, in Hall County, Nebraska. Size: 12.01 acres Zoning: B2 – General Business Zone. Road Access: City Roads Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 9/23/2014 Page 122 / 254 August 20, 2014 Dear Members of the Board: RE: Final Plat – Skag-Way Third Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Skag-Way Third Subdivision, located in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 2 lots, a replat of all of Lot 1 of Skag-Way 2nd Subdivision & all Lot 3 of Skag-Way Subdivision in the City of Grand Island, Hall County, Nebraska, said tract containing 8.996 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on September 3, 2014 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Building Department City Utilities Manager of Postal Operations Olsson Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 9/23/2014 Page 123 / 254 Grand Island Council Session - 9/23/2014 Page 124 / 254 Grand Island Council Session - 9/23/2014 Page 125 / 254 SUBDIVISION AGREEMENT SKAG-WAY THIRD SUBDIVISION (Lots 1 and 2) In the City of Grand Island, Nebraska The undersigned, SUPER MARKET DEVELOPERS, INC., hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A replat of all of Lot One (1) of Skag-Way 2nd Subdivision and all of Lot Three (3) of Skag-Way Subdivision, City of Grand Island, Hall County, Nebraska. Said replat contains a calculated area of 523,329 square feet or 12.01 acres more or less of which 0.30 acres is new dedicated road row; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as SKAG-WAY THIRD SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, * This Space Reserved for Register of Deeds * Grand Island Council Session - 9/23/2014 Page 126 / 254 - 2 - and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said SKAG-WAY THIRD SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for State Street or Broadwell Avenue where they abut the subdivision. The Subdivider agrees to dedicate sufficient right of way for Waugh Street on the west side of Broadwell Avenue to accommodate moving the street in conjunction with plans and specifications approved by the Director of Public Works. Additionally, the Subdivider agrees to pay fifty percent (50%) of the costs of such relocation to the City at such time as the relocation of Waugh Street is complete. 2.Water. Public water supply is available to the subdivision, and all new structures requiring service shall be connected to such water supply. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision, and all new structures requiring service shall be connected to such sanitary sewer supply. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. Grand Island Council Session - 9/23/2014 Page 127 / 254 - 3 - 5.Sidewalks. The Subdivider shall maintain all public sidewalks required by the City of Grand Island. 6.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved by the City's Building Department. 7.Redevelopment and Demolition of Existing Structures. The intent of the Subdivider is to redevelop this property by demolishing three existing buildings and constructing new buildings. During the course of this redevelopment it is anticipated that the property involved will not conform in a strict sense with all of the zoning regulations adopted by the City of Grand Island. In order to facilitate redevelopment, the Subdivider and the City agree that certain aspects of the zoning regulations detailed herein may be waived during redevelopment. This waiver will be valid only as long as the outlined schedule for construction and demolition is followed, but not longer than July 1, 2016. All existing buildings referenced below are shown on the attached “Exhibit A”. The City agrees not to withhold or delay a building permit for this project due to the existence of Building C crossing the property line between Lots One (1) and Two (2) of Skag- Way 3rd Subdivision. Prior to the issuance of a building permit, the Subdivider shall submit a set of building plans that are in compliance with current building and fire code. By approval of this agreement, Council is deemed to have granted permission for issuance of this building permit. The Subdivider agrees to obtain all required permits and fully demolish Buildings A and B on Lot One (1) of Skag-Way 3rd Subdivision prior to obtaining any permit(s) for new building(s) on said Lot One (1). Grand Island Council Session - 9/23/2014 Page 128 / 254 - 4 - The Subdivider further agrees to demolish Building C no later than one hundred twenty (120) days after issuance of the occupancy certificate for the new building to be located on the northerly side of Lot One (1) of Skag-Way 3rd Subdivision. In no event shall the demolition of the existing Building C be extended past July 1, 2016, should a building permit be issued for and construction begin on a new building at the northerly end of Lot One (1) of this subdivision. The City agrees not to withhold or delay issuance of an occupancy certificate for the proposed new building on Lot One (1) of Skag-Way 3rd subdivision until parking spaces or landscaping that cannot be completed until Building C is demolished. The Subdivider further agrees to provide the required parking and landscaping for the building on the northerly end of Lot One (1) within one hundred twenty (120) days of the demolition of Building C. Building D on Lot Two (2) is not part of this agreement and may remain as a principal or accessory use on the property or be removed from the property at the discretion of the Subdivider and upon receiving any necessary permits. 8.Parking Lot. The Developer agrees to provide sufficient parking stalls within this development to comply with the §36-104 (F) 2 of the Grand Island City Code that allows for alternative parking lot landscaping for parking lots with more than 500 spaces. The 500 spaces may be shared across Lots 1 and 2 of this subdivision. 9.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. Grand Island Council Session - 9/23/2014 Page 129 / 254 - 5 - 10.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 11.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as SKAG-WAY THIRD SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 12.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2014. SUPER MARKET DEVELOPERS, INC. , Subdivider Grand Island Council Session - 9/23/2014 Page 130 / 254 - 6 - By: ____________________________________ Jerry Garland STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jerry Garland, Super Market Developers, Inc., known personally to me to be the identical person who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of Super Market Developers, Inc. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Jay Vavricek, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2014, before me, the undersigned,, a Notary Public in and for said County and State, personally came Jay Vavricek, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2014-_____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. Grand Island Council Session - 9/23/2014 Page 131 / 254 - 7 - ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 9/23/2014 Page 132 / 254 www.olssonassociates.com TEL 308.384.8750 FAX 308.384.8752 201 East 2nd Street P.O. Box 1072 Grand Island, NE 68802-1072 R LOT 1 LOT 2 BROADWELL AVENUESTATE STREET CLEBURN STREET WAUGH STREET COLLEGE STREET BUILDING D BUILDING A BUILDING B BUILDING C Grand Island Council Session - 9/23/2014 Page 133 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-294 WHEREAS Super Market Developers, Inc., being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “SKAG-WAY THIRD SUBDIVISION”, to be laid out into 2 lots, a Replat of all of Lot 1 of Skag-Way 2nd Subdivision and all of Lot 3 of Skag-Way Subdivision, in the City of Grand Island, Hall County, Nebraska, West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SKAG-WAY THIRD SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 134 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-5 #2014-295 - Approving Fiscal Year 2014-2015 VOCA Grant Award Staff Contact: Steve Lamken - Police Chief Grand Island Council Session - 9/23/2014 Page 135 / 254 Council Agenda Memo From:Captain Dean Elliott, Police Department Meeting:September 23, 2014 Subject:Fiscal 2014-2015 VOCA Grant Award Item #’s:G-5 Presenter(s):Chief Steven Lamken, Police Department Captain Dean Elliott, Police Department Background This grant award represents the 12th year that the Grand Island Police Department has operated a Victim’s Assistance Unit. The Grand Island Police Department has been awarded a 2014 Victim of Crime Act (VOCA) Grand in the amount of $57,471.00 from the Nebraska Commission on Law Enforcement and Criminal Justice. The city and county share the match (cash and in- kind) for this grant in the amount of $14,368.00 The program period for this grant is from 10-1-14 through 9-30-15. Discussion A requirement for acceptance of the grant is that the grant award and special conditions document is signed by the Mayor. The Grand Island Police Department is requesting that the listed grant award be signed for the acceptance of the award. The documentation needs to be returned to the Nebraska Crime Commission by September 28, 2014. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the award and accept the VOCA grant funds. 2.Direct the police department to reject the grant award. Grand Island Council Session - 9/23/2014 Page 136 / 254 Recommendation City Administration recommends that the Council approve the award and accept the 2014 VOCA grant funding in the amount of $57,471.00. Sample Motion Move to approve the award and accept the 2014 Victims of Crime Act (VOCA) grant funding for fiscal year 2015. Grand Island Council Session - 9/23/2014 Page 137 / 254 Grand Island Council Session - 9/23/2014 Page 138 / 254 Grand Island Council Session - 9/23/2014 Page 139 / 254 Grand Island Council Session - 9/23/2014 Page 140 / 254 Grand Island Council Session - 9/23/2014 Page 141 / 254 Grand Island Council Session - 9/23/2014 Page 142 / 254 Grand Island Council Session - 9/23/2014 Page 143 / 254 Grand Island Council Session - 9/23/2014 Page 144 / 254 Grand Island Council Session - 9/23/2014 Page 145 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-295 WHEREAS, the Police Department of the City of Grand Island received notification that it will receive a 2014 Victims of Crime Act (VOCA) grant in the amount of $57,471.00 from the Nebraska Commission on Law Enforcement and Criminal Justice; and WHEREAS, in acceptance of the grant, the City of Grand Island and Hall County share the match for this grant in the amount of $14,368.00; and WHEREAS, the amount awarded is to be used by the Grand Island Police Department in accordance with criteria established by the grant program, and WHEREAS, the Mayor of the City of Grand Island is required to sign the grant in acceptance of the same. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the grant funds awarded to the Police Department of the City of Grand Island in the amount of $57,471.00 through the Nebraska Commission on Law Enforcement and Criminal Justice is hereby approved. BUT IS FURTHER RESOLVED, that the Mayor is here by authorized and directed to execute such grant on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 146 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-6 #2014-296 - Approving Acquisition of Drainage Easement in Section 29, Township 11 North, Range 9 (Saint Leo’s Church of Grand Island – 2410 S Blaine St) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/23/2014 Page 147 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-296 WHEREAS, a drainage easement is required by the City of Grand Island, from Saint Leo’s Church of Grand Island in the West Half of the Northeast Quarter (W ½, NE ¼) of Section Twenty Nine (29), Township Eleven (11) North, Range Nine (9) West of the Sixth Principal Meridian, Hall County, Nebraska and more particularly described as follows: THE WEST SIXTEEN (16) FEET OF THE EAST FORTY NINE (49) FEET OF THE NORTH FOUR HUNDRED EIGHTY (480) FEET OF SAID UNPLATTED TRACT. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 7,680 SQUARE FEET MORE OR LESS. WHEREAS, an Agreement for the drainage easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the drainage easement on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 148 / 254 Grand Island Council Session - 9/23/2014 Page 149 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-7 #2014-297 - Approving Bid Award for Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/23/2014 Page 150 / 254 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 23, 2014 Subject:Approving Bid Award for Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 Item #’s:G-7 Presenter(s):John Collins PE, Public Works Director Background On August 19, 2014 the Engineering Division of the Public Works Department advertised for bids for Faidley Avenue Paving Improvements; Project No. 2014-P-1 and Faidley Avenue Water Improvements; Project No. 2014-W-14. There were twenty (20) potential bidders for this project. This project will extend paving to join the two (2) existing segments of Faidley Avenue, between North Road and Irongate Avenue. Discussion Three (3) bids were received and opened on September 16, 2014. The bids were submitted in compliance with the contract, plans and specifications. A summary of the bids is shown below. Bidder Exceptions Base Bid The Diamond Engineering Co. of Grand Island, NE None $925,292.70 A & R Construction Co. of Plainview, NE None $979,241.00 Van Kirk Bros. Contracting of Sutton, NE None $1,025,629.30 There are sufficient funds in Account No. 40033530-90062 to fund this project. Grand Island Council Session - 9/23/2014 Page 151 / 254 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 awarding a contract to The Diamond Engineering Co. of Grand Island, Nebraska in the amount of $925,292.70 as the low compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 9/23/2014 Page 152 / 254 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 16, 2014 at 2:00 p.m. FOR:Faidley Avenue Paving Improvements; Project No. 2014-P-1 and Faidley Avenue Water Improvements; Project No. 2014-W-14 DEPARTMENT:Public Works ESTIMATE:$1,300,000.00 FUND/ACCOUNT:40033530-90062 PUBLICATION DATE:August 16, 2014 NO. POTENTIAL BIDDERS:20 SUMMARY Bidder:A & R Construction Co.The Diamond Engineering Co. Plainview, NE Grand Island, NE Bid Security:Universal Surety Co.Universal Surety Co. Exceptions:None None Bid Price: Section “A”:$907,421.00 $849,902.70 Section “B”:$ 71,820.00 $ 75,390.00 Total “A” & “B”:$979,241.00 $925,292.70 Bidder:Van Kirk Bros. Contracting Sutton, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price: Section “A”:$ 959,420.30 Section “B”:$ 66,209.00 Total “A” & “B”:$1,025,629.30 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Grand Island Council Session - 9/23/2014 Page 153 / 254 Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent Terry Brown, PW Mgr. Eng. Services P1763 Grand Island Council Session - 9/23/2014 Page 154 / 254 Grand Island Council Session - 9/23/2014 Page 155 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-297 WHEREAS, the City of Grand Island invited sealed bids for Faidley Avenue Paving Improvements; Project No. 2014-P-1 and Faidley Avenue Water Improvements; Project No. 2014-W-14, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on September 16, 2014 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Co. 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 $925,292.70; and WHEREAS, The Diamond Engineering Co.’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2014/2015 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Co. of Grand Island, Nebraska in the amount of $925,292.70 for Faidley Avenue Paving Improvements; Project No. 2014-P-1 and Faidley Avenue Water Improvements; Project No. 2014-W-14 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 156 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-8 #2014-298 - Approving Amendment No. 1 to Agreement for Engineering Consulting Services Related to Faidley Avenue Paving Improvements; Project No. 2014-P-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/23/2014 Page 157 / 254 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 23, 2014 Subject:Approving Amendment No. 1 to Agreement for Engineering Consulting Services Related to Faidley Avenue Paving Improvements; Project No. 2014-P-1 Item #’s:G-8 Presenter(s):John Collins PE, Public Works Director Background All agreements must be approved by the City Council. On March 11, 2014, by Resolution No. 2014-49 the City entered into an agreement with Alfred Benesch & Company of Lincoln, Nebraska for engineering design services for Faidley Avenue Paving Improvements; Project No. 2014-P-1, in the amount of $60,885.81. Discussion The original agreement with Alfred Benesch & Company is now being supplemented to allow for construction phase services. Installation of water main along this route will also be included as part of this project. The increase in cost for Amendment No. 1 is $126,967.84, for a revised agreement of $187,853.65. It is anticipated that construction will begin this fall (weather permitting), with final completion slated for August 1, 2015. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date Grand Island Council Session - 9/23/2014 Page 158 / 254 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign Amendment No. 1 to the Agreement with Alfred Benesch & Company of Lincoln, Nebraska in the amount of $126,967.84 for Faildey Avenue Paving Improvements; Project No. 2014-P-1 and Faidley Avenue Water Improvements; Project No. 2014-W-14. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/23/2014 Page 159 / 254 Grand Island Council Session - 9/23/2014 Page 160 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-298 WHEREAS, on March 11, 2014, by Resolution No. 2014-49 the Grand Island City Council approved entering into an agreement with Alfred Benesch & Company of Lincoln, Nebraska in the amount of $60,885.81 for engineering consulting services for Faidley Avenue Paving Improvements; Project No. 2014-P-1; and WHEREAS, the original agreement is now being amended to include construction phase services for such paving project, as well as Faidley Avenue Water Improvements; Project No. 2014-W-14; and WHEREAS, such amendment is in the amount of $126,967.84, for a revised agreement amount of $187,853.65 WHEREAS, Amendment No. 1 to the original agreement with Alfred Benesch & Company of Lincoln, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Alfred Benesch & Company for engineering consulting services related to Faidley Avenue Paving Improvements; Project No. 2014-P-1 and Faidley Avenue Water Improvements; Project No. 2014-W-14 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 161 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-9 #2014-299 - Approving Increase to the City’s Share of the State Street and Capital Avenue Connector Trail- NDOR Project No. ENH-40(59); Control No. 42650 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/23/2014 Page 162 / 254 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 23, 2014 Subject:Approving Increase to the City’s Share of the State Street and Capital Avenue Connector Trail- NDOR Project No. ENH-40(59); Control No. 42650 Item #’s:G-9 Presenter(s):John Collins PE, Public Works Director Background On April 27, 2010, by Resolution No. 2010-119 City Council approved the agreement in the total amount of $318,540.00 between the City and Nebraska Department of Roads (NDOR) for the construction of the State Street and Capital Avenue Connector Trail. The anticipated City share was $63,708.00 at this time. On September 13, 2011, by Resolution No. 2011-239 City Council approved Supplemental No. 1 to the original agreement in the total amount of $384,468.00. This supplemental agreement removed the requirement of a construction contract being in place by July 31, 2011 also. The anticipated City share was $76,893.60 at this time. Discussion The total construction contract was awarded to The Diamond Engineering Co., of Grand Island, Nebraska in the amount of $346,845.74 by Resolution No. 2013-359. With right- of-way acquisition, project contingencies and construction engineering the City’s share has increased from the estimated $76,893.60 to $114,056.65, of which $4,965.12 is a non-cash match by the City. The NDOR invoice for this project has been attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 9/23/2014 Page 163 / 254 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 increase of the City’s share for the State Street and Capital Avenue Connector Trail with the Nebraska Department of Roads, for a total amount of $114,056.65. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/23/2014 Page 164 / 254 Grand Island Council Session - 9/23/2014 Page 165 / 254 Grand Island Council Session - 9/23/2014 Page 166 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-299 WHEREAS, the Grand Island City Council approved Resolution No. 2010-119 on April 27, 2010, which provided for the construction of the State Street and Capital Avenue Connector Trail, with an anticipated City share of $63,708.00; and WHEREAS, the Grand Island City Council approved Resolution No. 2011-239 on September 13, 2011, which provided for Supplemental No. 1 to the original agreement, with an anticipated City share of $76,893.60; and WHEREAS, with right-of-way acquisition, project contingences and construction engineering the City’s share has increased form the estimated $76,893.60 to $114,056.65, of which $4,965.12 is a non-cash match by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City’s share of $114,056.65, of which $4,965.12 is a non-cash match by the City is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 167 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-10 #2014-300 - Approving Time Extension to the Contract with The Diamond Engineering Co. for Westgate Road Paving District No. 1261; North Road to Copper Road Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/23/2014 Page 168 / 254 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 23, 2014 Subject:Approving Time Extension to the Contract with The Diamond Engineering Co. for Westgate Road Paving District No. 1261; North Road to Copper Road Item #’s:G-10 Presenter(s):John Collins, Public Works Director Background The City Council awarded the bid for construction of the Westgate Road Paving District No. 1261; North Road to Copper Road to The Diamond Engineering Company of Grand Island, Nebraska on March 11, 2014. Any changes to the contract require council approval. The Diamond Engineering Co. is requesting that the final completion date be changed from September 12, 2014 to November 14, 2014. Discussion Several factors have delayed completion of the project; including inclement weather and conflict with water main. The water main conflict was identified and plans to adjust it were in place prior to bidding the project. After construction began the Utility Water Division notified the Public Works Engineering Division that the water main could not be lowered until after October 1st. The delay is due to peak water demands during the summer months and the close proximity of the reservoir, which is a critical part of the network for water supply to southern Grand Island. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/23/2014 Page 169 / 254 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 extending the completion date to November 14, 2014. Sample Motion Move to approve extension of completion. Grand Island Council Session - 9/23/2014 Page 170 / 254 CONTRACT TIME EXTENSION PROJECT: Westgate Road Paving District No. 1261; North Road to Copper Road CONTRACTOR: The Diamond Engineering Co. AMOUNT OF ORIGINAL CONTRACT: $626,236.91 CONTRACT DATE: March 11, 2014 Notice to Proceed Date ------------------------------------------------- March 14, 2014 Original Completion Date ----------------------------------------------- September 12, 2014 Revised Completion Date ------------------------------------------- November 14, 2014 Contractor The Diamond Engineering Co. By____________________________________ Date_______________________ Title___________________________________ CITY OF GRAND ISLAND, NEBRASKA By____________________________________ Date________________________ Mayor Attest_________________________________ City Clerk Grand Island Council Session - 9/23/2014 Page 171 / 254 Grand Island Council Session - 9/23/2014 Page 172 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-300 WHEREAS, on March 11, 2014, by Resolution 2014-54, the City Council of the City of Grand Island approved the bid of The Diamond Engineering Co. of Grand Island, Nebraska for construction of Westgate Road Paving District No. 1261; North Road to Copper Road; and WHEREAS, the completion of such project has been delayed due to several factors; and WHEREAS, The Diamond Engineering Company has requested an extension from September 12, 2014 to November 14, 2014 in order to complete the project; and WEREAS, the Public Works Department support such contract extension. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for the construction of the Westgate Road Paving District No. 1261; North Road to Copper Road is hereby extended until November 14, 2014. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract modification on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 173 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-11 #2014-301 - Approving Time Extension to the Contract with The Diamond Engineering Co. for Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/23/2014 Page 174 / 254 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 23, 2014 Subject:Approving Time Extension to the Contract with The Diamond Engineering Co. for Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks Item #’s: Presenter(s):John Collins, Public Works Director Background The City Council awarded the bid for construction of Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks to The Diamond Engineering Co. of Grand Island, Nebraska on March 11, 2014. Any changes to the contract require council approval. The Diamond Engineering Co. is requesting that the final completion date be changed from September 12, 2014 to November 3, 2014. Discussion Several factors have delayed completion of the project; including inclement weather, conflicts with water main & natural gas main and additional storm sewer structures. Once the water main was excavated in the intersection of 2nd Street and Webb Road it was found to be in conflict with the proposed storm sewer that will drain the roadway. An unplanned water main lowering had to be completed, which resulted in additional work days and materials. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/23/2014 Page 175 / 254 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 extending the completion date to November 3, 2014, as well as the additional materials in the amount of $13,057.00 resulting in a revised contract price of $1,374,508.80. Sample Motion Move to approve the resolution. Grand Island Council Session - 9/23/2014 Page 176 / 254 EJCDC No. C-941 (2002 Edition) Page 1 of 1 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. CHANGE ORDER No. 1 Date of Issuance: September 15, 2014 Effective Date: September 15, 2014 Project: GI Webb Road Paving Construction Services - District 1260, Grand Island, Nebraska Owner: City of Grand Island, Nebraska, PO Box 1968, Grand Island, NE 68801 Owner's Contract No.: Contract: Bid Section “A” and Bid Section “B” Date of Contract: Contractor: The Diamond Engineering Co., 1521 West Anna, PO Box 1327, Grand Island, NE 68802 Engineer's Project No.: 014-0754 The Contract Documents are modified as follows upon execution of this Change Order: Description: Additional 36 working days to complete the project (see attached). The following additional quantities: 3 @ $2,985.00 EA - Build Storm Sewer Junction Box; 50 @ $41.60 LF – 15” Reinforced Concrete Storm Sewer Pipe; 2 @ $511.00 EA – Remove Water Valve Manhole. Additional work: Epoxy coat inlets on Webb Road due to water main/storm sewer crossing conflicts, price for work is $1,000.00/inlet. Attachments: (List documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Working days Calendar days Substantial completion (days or date): August 15, 2014 $ 1,361,451.80 Ready for final payment (days or date): September 12, 2014 [Increase] [Decrease] from previously approved Change Orders No. N/A to No. N/A : [Increase] [Decrease] from previously approved Change Orders No. N/A to No. N/A : Substantial completion (days or date): N/A $ N/A Ready for final payment (days or date): N/A Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): August 15, 2014 $ 1,361,451.80 Ready for final payment (days or date): September 12, 2014 Increase of this Change Order: Increase of this Change Order: Substantial completion (days or date): October 6, 2014 $ 13,057.00 Ready for final payment (days or date): November 3, 2014 Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): October 6, 2014 $ 1,374,508.80 Ready for final payment (days or date): November 3, 2014 RECOMMENDED: Olsson Associates ACCEPTED: City of Grand Island, Nebraska ACCEPTED: The Diamond Engineering Co. By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: Date: Date: Approved by Funding Agency (if applicable): Date: CC: City of Grand Island The Diamond Engineering Co. Olsson Associates G:\Admin\Teams\CNSV\CNSV Forms\Change Order 1 999-9999.doc 9/16/2014 Grand Island Council Session - 9/23/2014 Page 177 / 254 Grand Island Council Session - 9/23/2014 Page 178 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-301 WHEREAS, on March 11, 2014, by Resolution 2014-53, the City Council of the City of Grand Island approved the bid of The Diamond Engineering Co. of Grand Island, Nebraska for construction of Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks; and WHEREAS, the completion of such project has been delayed due to several factors; and WHEREAS, such delays have resulted in additional work days and materials; and WHEREAS, The Diamond Engineering Company has requested an extension from September 12, 2014 to November 3, 2014 in order to complete the project; and WHEREAS, additional work materials equate to a total of $13,057.00, for a revised contract price of $1,374,508.80; and WEREAS, the Public Works Department supports such contract extension and additional materials. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Co. of Grand Island, Nebraska to provide the modifications of Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 179 / 254 Grand Island Council Session - 9/23/2014 Page 180 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-12 #2014-302 - Approving Bid Award for Surface Prep and Painting of Island Oasis Water Park Staff Contact: Todd McCoy Grand Island Council Session - 9/23/2014 Page 181 / 254 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:September 23, 2014 Subject:Bid Award for Surface Prep and Painting of Island Oasis Water Park Item #’s:G-12 Presenter(s):Todd McCoy, Parks and Recreation Director Background On September 9, 2014 the Parks and Recreation Department advertised bids for Surface Prep and Painting of Island Oasis Water Park. Island Oasis was last painted in the spring of 2009. Discussion The Parks and Recreation Department is recommending repainting the wave pool and zero depth areas because the current paint has deteriorated. Dollars were budgeted in the 2014-2015 capital improvement fund for this project. Five bids were received: A1A Sandblasting, Cedar Rapids, IA $47,300.00 Jameson Painting, Minden, NE $68,000.00 Kucera Painting, Kearney, NE $71,333.00 Mongan Painting, Co, Inc., Cherokee, IA $73,105.00 TMI Coatings, Inc., St. Paul, MN $118,900.00 Staff recommends A1A Sandblasting of Cedar Rapids, IA to Surface Prep and Paint Island Oasis. A1A Sandblasting has good experience in preparing and painting swimming pools. The project will be funded by Capital Account 40044450-90032. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/23/2014 Page 182 / 254 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council award the bid for the Surface Prep and Painting of Island Oasis Water Park to A1A Sandblasting of Cedar Rapids, Iowa. Sample Motion Move to approve the installation of the Surface Prep and Painting of Island Oasis Water Park to A1A Sandblasting for a total of $47,300. Grand Island Council Session - 9/23/2014 Page 183 / 254 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 16, 2014 at 2:15 p.m. FOR:Surface Prep and Painting of Island Oasis Water Park DEPARTMENT:Parks & Recreation ESTIMATE:$120,000.00 FUND/ACCOUNT:40044450-90032 PUBLICATION DATE:September 9, 2014 NO. POTENTIAL BIDDERS:8 SUMMARY Bidder:AIA Sandblasting Mongan Painting Co., Inc. Cedar Rapids, IA Cherokee, IA Exceptions:Noted None Bid Price:$47,300.00 $73,105.00 Bidder:TMI Coatings, Inc.Jameson Painting, Inc. St. Paul, MN Minden, NE Exceptions:None None Bid Price:$118,900.00 $68,000.00 Bidder:Kucera Painting Kearney, NE Exceptions:None Bid Price:$71,333.00 cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks & Rec Secretary Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent P1766 Grand Island Council Session - 9/23/2014 Page 184 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-302 WHEREAS, the City of Grand Island invited sealed bids for Surface Prep and Painting of Island Oasis Water Park, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on September 16, 2014, five (5) bids were received, opened and reviewed; and WHEREAS, A1A Sandblasting from Cedar Rapids, Iowa submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $47,300.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of A1A Sandblasting from Cedar Rapids, Iowa, in the amount of $47,300.00 for Surface Prep and Painting of Island Oasis Water Park is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 185 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-13 #2014-303 - Approving Keno Satellite Location and Agreement for Kerjac, Inc. dba Stix Billiard Center, 811 West 4th Street Staff Contact: RaNae Edwards Grand Island Council Session - 9/23/2014 Page 186 / 254 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 23, 2014 Subject:Approving Keno Satellite Location and Agreement for Kerjac, Inc. dba Stix Billiard Center, 811 West 4th Street Item #’s:G-13 Presenter(s):RaNae Edwards, City Clerk Background An Interlocal Agreement governing County/City keno operations provides that the City shall have the duty to review and approve satellite operations within the City. Fonner Keno, Inc. has previously been licensed to operate keno at Fonner Park as well as other facilities in the City that have been designated as satellite locations for the operation of keno. Discussion Kerjac, Inc. dba Stix Billiard Center, 411 West 4th Street has submitted a request for approval of a satellite location at the premises of Stix Billiard Center, 411 West 4th Street. This request was presented to Hall County at their September 23, 2014 meeting. Approval of the Satellite Agreement between Kerjac, Inc. and Fonner Keno, Inc. is required along with approval for the satellite location. The Agreement has been reviewed by the Legal and Building Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the request 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 9/23/2014 Page 187 / 254 Recommendation City Administration recommends that the Council approve the request for a Keno Satellite Location and Agreement for Kerjac, Inc. dba Stix Billiard Center, 411 West 4th Street. Sample Motion Move to approve the request for a Keno Satellite Location and Agreement for Kerjac, Inc. dba Stix Billiard Center, 411 West 4th Street. Grand Island Council Session - 9/23/2014 Page 188 / 254 Grand Island Council Session - 9/23/2014 Page 189 / 254 Grand Island Council Session - 9/23/2014 Page 190 / 254 Grand Island Council Session - 9/23/2014 Page 191 / 254 Grand Island Council Session - 9/23/2014 Page 192 / 254 Grand Island Council Session - 9/23/2014 Page 193 / 254 Grand Island Council Session - 9/23/2014 Page 194 / 254 Grand Island Council Session - 9/23/2014 Page 195 / 254 Grand Island Council Session - 9/23/2014 Page 196 / 254 Grand Island Council Session - 9/23/2014 Page 197 / 254 Grand Island Council Session - 9/23/2014 Page 198 / 254 Grand Island Council Session - 9/23/2014 Page 199 / 254 Grand Island Council Session - 9/23/2014 Page 200 / 254 Grand Island Council Session - 9/23/2014 Page 201 / 254 Grand Island Council Session - 9/23/2014 Page 202 / 254 Grand Island Council Session - 9/23/2014 Page 203 / 254 Grand Island Council Session - 9/23/2014 Page 204 / 254 Grand Island Council Session - 9/23/2014 Page 205 / 254 Grand Island Council Session - 9/23/2014 Page 206 / 254 Grand Island Council Session - 9/23/2014 Page 207 / 254 Grand Island Council Session - 9/23/2014 Page 208 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-303 WHEREAS, the County of Hall and the City of Grand Island entered into an Inter-Local Cooperation Agreement to permit the operation of keno within Hall County; and WHEREAS, Fonner Keno, Inc. has previously been licensed to operate keno and certain locations have been designated as satellite locations for the operation of keno; and WHEREAS, the County of Hall has selected an additional satellite location for approval for the operation of keno, such location being the premises at 811 West 4th Street in Grand Island, Nebraska, owned by Kerjac, Inc. dba Stix Billiard Center, a Nebraska corporation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Kerjac, Inc. dba Stix Billiard Center, a Nebraska corporation, located at 811 West 4th Street, Grand Island, Nebraska is hereby approved as an additional satellite location for the operation of keno, subject to entering into the proper agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 209 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-14 #2014-304 - Approving Letter of Credit for Employer’s Mutual Casualty Company (EMC) Insurance Reserve Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 9/23/2014 Page 210 / 254 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:September 23, 2014 Subject:Approving Letter of Credit for Employer’s Mutual Casualty Company (EMC) Insurance Reserve Item #’s:G-14 Presenter(s):Jaye Monter, Finance Director Background Employer’s Mutual Casualty Company (EMC) requires security or collateral be provided for “large deductible” Workers Compensation policies. They require security or collateral to be purchased in order to cover long term workers compensation payments. In the past the City of Grand Island has purchased a Financial Guarantee Bond. The financial guarantee bond provided coverage of $800,000 as that is the amount of total reserve dollars established by EMC for workers compensation claims. Discussion In December 2013, the renewal of this bond cost the City $18,400. Instead of the Financial Guarantee Bond, EMC will approve the purchase of a Letter of Credit by the City of Grand Island. The price of an $800,000 letter of credit is $3,200 and will renew each year for that same amount. Wells Fargo Bank, N.A. would be the bank providing this Letter of Credit. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 9/23/2014 Page 211 / 254 Recommendation City Administration recommends that the Council approve this letter of credit from Wells Fargo Bank, N.A. to cover the Workers Compensation Policy provided by EMC Insurance. Sample Motion Move to approve the Letter of Credit from Wells Fargo Bank, N.A. Grand Island Council Session - 9/23/2014 Page 212 / 254 Grand Island Council Session - 9/23/2014 Page 213 / 254 Grand Island Council Session - 9/23/2014 Page 214 / 254 Grand Island Council Session - 9/23/2014 Page 215 / 254 Grand Island Council Session - 9/23/2014 Page 216 / 254 Grand Island Council Session - 9/23/2014 Page 217 / 254 Grand Island Council Session - 9/23/2014 Page 218 / 254 Grand Island Council Session - 9/23/2014 Page 219 / 254 Grand Island Council Session - 9/23/2014 Page 220 / 254 Grand Island Council Session - 9/23/2014 Page 221 / 254 Grand Island Council Session - 9/23/2014 Page 222 / 254 Grand Island Council Session - 9/23/2014 Page 223 / 254 Grand Island Council Session - 9/23/2014 Page 224 / 254 Grand Island Council Session - 9/23/2014 Page 225 / 254 Grand Island Council Session - 9/23/2014 Page 226 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-304 WHEREAS, Employer’s Mutual Casualty Company (EMC), is an insurance company that provides Workers Compensation Insurance to the City Of Grand Island; and WHEREAS, EMC requires security or collateral in the amount of $800,000 for long term payments; and WHEREAS, a Letter of Credit naming EMC as the beneficiary would be an acceptable form of security or collateral; and WHEREAS, Wells Fargo Bank, N.A. can provid the necessary Letter of Credit to the City of Grand Island; and WHEREAS, the Letter of Credit from Wells Fargo Bank, N.A. will renew each year for $3,200 until replaced with an alternative form of security or collateral or a different provider of Workers Compensation Insurance is selected. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on behalf of the City, execute the Letter of Credit between the City of Grand Island and Wells Fargo Bank, N.A. naming Employer’s Mutual Causality Insurance as the beneficiary for the cost of $3,200 annually. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014 ______________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 227 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item G-15 #2014-305 - Approving Designated Depositories and City Treasurer Authorizations Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 9/23/2014 Page 228 / 254 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:September 23, 2014 Subject:Approving Designated Depositories and City Treasurer Authorizations Item #s:G-15 Presenter(s):Jaye Monter, Finance Director Background The last update of this document occurred in June 2014. It is now necessary to update the comprehensive list of depositories to update one bank name on the approved list. Discussion The document updates Wells Fargo Bank Nebraska, N.A. to Wells Fargo Bank, N.A. The list as included in the Resolution is comprehensive. The change is included in paragraph number 1 of the resolution; there were no changes to any of the remaining paragraphs. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Resolution as presented. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the changes to the depository institutions. Sample Motion Move to approve the designated depositories. Grand Island Council Session - 9/23/2014 Page 229 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-305 WHEREAS, in Section 16-712, R.R.S. 1943, the city treasurer shall deposit, and at all times keep on deposit, for safekeeping, in banks or capital stock financial institutions of approved and responsible standing all money collected, received or held by him/her as city treasurer; and WHEREAS, in Section 16-713, R.R.S.1943, the city treasurer may purchase certificates of deposit from and make time deposits in banks or capital stock financial institutions selected as depositories of city funds; and WHEREAS, in Section 16-714, R.R.S. 1943, for the security of the fund so deposited, the city treasurer shall require each depository to give bond for the safekeeping and payment of such deposits and the accretions thereof, which bond shall run to the city and be approved by the mayor. WHEREAS, in Section 16-715, R.R.S. 1943, In lieu of the bond required by section 16-714, any bank, capital stock financial institution, or qualifying mutual financial institution making application to become a depository may give security as provided in the Public Funds Deposit Security Act to the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that 1.Wells Fargo Bank, N.A.; Great Western Bank; USbank, Union Bank and Trust Co.; Nebraska Public Agency Investment Trust (NPAIT); Smith Hayes Financial Services Corporation; ICMA Retirement Corp.; A.G. Edwards & Sons, Inc.; Ameritas Investment Corp.; Home Federal/Grand Island; The Equitable Building and Loan Association; First National Bank of Omaha; Five Points; Bank of New York Mellon; Cornerstone Bank; Exchange Bank; Bank of the West; and Heritage Bank be and hereby are, designated and approved as depositories for all money collected, received or held by the City of Grand Island, Nebraska. 2.The Finance Director or his/her designee, in his/her official capacity of the office, is directed and authorized to deposit such funds in said banks and capital stock financial institutions. 3.This authorization shall include the deposits of public funds in the hands of the Finance Director or his/her designee belonging to the City of Grand Island, Nebraska; the Tri-City Task Force; and the Grand Island Community Redevelopment Authority (CRA). 4.The Finance Director or his/her designee is hereby authorized to purchase certificates of deposit, treasury notes, treasury bills, treasury bond Grand Island Council Session - 9/23/2014 Page 230 / 254 - 2 - and or strips from the above named banks and capital stock financial institutions selected as depositories. 5.The Finance Director or his/her designee is hereby authorized by the mayor to require the depositories designated by this resolution to give security for the safekeeping and payment of City deposits and the accretion thereof, such security to be in the form and amounts as required by Nebraska statute and the Public Funds Deposit Security Act. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 231 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item I-1 #2014-306 - Consideration of Amendment to the Grand Island Comprehensive Plan for the Addition of an Energy Element This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 9/23/2014 Page 232 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-306 WHEREAS, the City of Grand Island Adopted a Comprehensive Development Plan on July 13, 2004 with the passage of Resolution #2004-154; and WHEREAS, an Energy Element is required as part of a Comprehensive Development Plan by January 1, 2015; and WHEREAS, the Hall County Regional Planning Commission has caused to be prepared an Energy Element for the Hall County Comprehensive Plan; and WHEREAS, the Hall County Regional Planning Commission held a public hearing on September 3, 2014 and subsequently recommended the acceptance and adoption of Energy Element; and WHEREAS, the Grand Island City Council held a public hearing on the proposed amendment to the Comprehensives Development Plan on September 23, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Energy Element as recommended by the Hall County Regional Planning Commission and presented at public hearings held by the Planning Commission on September 3, 2014, and by the Grand Island City Council on September 23, 2014, is adopted and amended into the Grand Island Comprehensive Development Plan as adopted on July 13, 2004 and amended. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 233 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item I-2 #2014-307 - Consideration of Assessments for Water Main District 458T, Platte Valley Industrial Park - East This item relates to the aforementioned Board of Equalization item D-1. Staff Contact: Tim Luchsinger Grand Island Council Session - 9/23/2014 Page 234 / 254 Approved as to Form ¤ ___________ Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney *This Space Reserved for the Register of Deeds* R E S O L U T I O N 2014-307 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution 2014- BE-6 shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the front foot and area of the respective lots, tracts, and real estate within such Water Main District No. 458T, such benefits are the sums set opposite the several descriptions as follows: Name Parcel Number Description Connection Fee Blattner Family Trust 10 Trailwood Creek Lufkin TX 75901 400209217 Beginning at the intersection of the northerly right-of- way line of Wildwood Drive and the easterly right-of- way line of the River Industrial Lead Railroad, formerly known as the St. Joseph Branch of the Union Pacific Railroad; thence northerly, along the said easterly right- of-way line of the River Industrial Lead Railroad, a distance of two hundred sixty seven and thirteen hundredths (267.13) feet; thence easterly and three hundred (300.0) feet parallel with the southerly line of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼,) of Section Five (5), Township Ten (10) North, Range Nine (9) West, a distance of one thousand two hundred sixty seven and two hundredths (1,267.02) feet to a point on the easterly line of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼), of said Section Five (5), thence southerly along the easterly line of the Southwest Quarter of the Southeast Quarter (SW ¼, SE $24,639.94 Grand Island Council Session - 9/23/2014 Page 235 / 254 ¼) of said Section Five (5), a distance of two hundred sixty seven and fourteen hundredths (267.14) feet to a point on the northerly right-of-way line of said Wildwood Drive; thence westerly along the northerly right-of-way line of said Wildwood Drive, a distance of one thousand two hundred sixty seven and twenty six hundredths (1,267.26) feet to the said Point of Beginning. Except that part deeded to the City of Grand Island for a Railroad Spur Line described in Instrument #78-007701(See attached) recorded in the Hall County, Nebraska Register of Deeds Office. Grand Island Area Economic Development PO Box 1151 Grand Island NE 68802-1151 400209225 Beginning at the intersection of the northerly right-of- way line of Wildwood Drive and the westerly right-of- way line Blaine Street; thence westerly along the northerly right-of-way line of said Wildwood Drive, a distance of one thousand two hundred eighty seven and sixty seven hundredths (1,287.67) feet to a point on the westerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence northerly along the westerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5), a distance of two hundred eighty seven and fourteen hundredths (287.14) feet; thence easterly and three hundred (300.0) feet parallel with the southerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5), a distance of one thousand twenty and fifty three hundredths (1,020.53) feet; thence northerly and three hundred (300.0) feet parallel with the easterly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5), a distance of one thousand twenty and fifty three hundredths (1,020.53) feet to a point on the northerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5); thence easterly along the northerly line of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of said Section Five (5), a distance of two hundred sixty seven and fourteen hundredths (267.14) feet to a point on the westerly right-of-way line of said Blaine Street; thence southerly along the westerly right-of-way line of said Blaine Street, a distance of one thousand two hundred eighty seven and sixty seven (1,287.67) feet to the northerly right-of-way line of Wildwood Drive being the said Point of Beginning. $55,398.03 Grand Island Area Economic Development PO Box 1151 Grand Island NE 68802-1151 400209209 400209160 Beginning at a point on the westerly right-of-way line of Blaine Street, said point being one hundred fifty (150.0) feet south of the northerly line of the Northeast Quarter (NE ¼) of Section Five (5), Township Ten (10) North, Range Nine (9) West; thence southerly along the westerly right-of-way line of said Blaine Street, a distance of two thousand five hundred twenty nine and eighty seven hundredths (2,529.87) feet to a point on the northerly line of the North Half of the Southeast Quarter (N1/2, SE ¼) of said Section Five (5); thence continuing along the westerly right-of-way line of said Blaine Street, a distance of one thousand two hundred seventy and $81,742.29 Grand Island Council Session - 9/23/2014 Page 236 / 254 sixteen hundredths (1,270.16) feet to a point on the southerly line of the North Half of the Southeast Quarter (N1/2, SE ¼) of said Section Five (5); thence westerly along the southerly line of the North Half of the Southeast Quarter (N1/2, SE ¼) of said Section Five (5), a distance of two hundred sixty seven and fourteen (267.14) feet; thence northerly and three hundred (300.0) feet parallel with the easterly line of the North Half of the Southeast Quarter (N1/2, SE ¼) of said Section Five (5), a distance of one thousand two hundred seventy two and six tenths (1,272.6) feet to a point on the southerly line of the Northeast Quarter (NE ¼) of said Section Five (5); thence continuing northerly and three hundred (300.0) feet parallel with the easterly line of the Northeast Quarter (NE ¼) of said Section Five (5), a distance of two thousand five hundred twenty seven and two hundredths (2,527.02) feet; thence easterly and one hundred fifty (150.0) feet parallel with the northerly line of the Northeast Quarter (NE ¼) of said Section Five (5), a distance of two hundred sixty seven and eight hundredths (267.08) feet to a point on the westerly right- of-way line of said Blaine Street being the said Point of Beginning. Charles H. Henderson Mary Alice Henderson, H/W 24 E Laurel Street Harrisonburg VA 22801 400209047 Beginning at the intersection of the easterly right-of-way line of Blaine Street and the southerly right-of-way line of Schimmer Drive; thence easterly along the southerly right-of-way line of said Schimmer Drive, a distance of two hundred sixty eight and twenty one hundredths (268.21) feet; thence southerly and three hundred (300.0) feet parallel with the westerly line of the Northwest Quarter (NW ¼) of Section Four (4), Township Ten (10) North, Range Nine (9) West, a distance of two thousand six hundred forty six and forty five hundredths (2,646.45) feet to a point on the southerly line of the Northwest Quarter (NW ¼) of said Section Four (4); thence westerly along the southerly line of the Northwest Quarter (NW ¼) of said Section Four (4), a distance of two hundred sixty seven and six hundredths (267.06) feet to a point on the easterly right-of-way line of said Blaine Street; thence northerly along the easterly right-of-way line of said Blaine Street, a distance of two thousand six hundred forty six and twenty three hundredths (2,646.23) feet to a point on the southerly right-of-way line of said Schimmer Drive being the said Point of Beginning. $56,922.94 Grand Island Area Economic Development PO Box 1151 Grand Island NE 68802-1151 400209055 Beginning at the intersection of the northerly right-of- way line of Wildwood Drive and the easterly right-of- way line of Blaine Street; thence northerly along the easterly right-of-way line of Blaine Street, a distance of two thousand five hundred fifty eight and ninety one hundredths (2,558.91) feet to a point on the northerly line of the Southwest Quarter (SW ¼) of said Section Four (4), Township Ten (10) North, Range Nine (9) West; thence easterly along the northerly line of the Southwest Quarter (SW ¼) of said Section Four (4), a distance of two hundred sixty seven and six hundredths (267.06) feet; thence southerly and three hundred (300.0) feet $55,044.61 Grand Island Council Session - 9/23/2014 Page 237 / 254 parallel with the westerly line of the Southwest Quarter (SW ¼) of said Section Four (4), a distance of two thousand five hundred sixty one and twenty one hundredths (2,561.21) feet to a point on the northerly right-of-way line of said Wildwood Drive; thence westerly along the northerly right-of-way line of said Wildwood Drive, a distance of two hundred sixty seven and twelve hundredths (267.12) feet to a point on the easterly right-of-way line of said Blaine Street being the said Point of Beginning. Adeline M. Stelk 2659 West Wildwood Drive Grand Island NE 68801 400209241 Beginning at a point on the westerly right-of-way line of Blaine Street, said point being eighty three (83.0) feet south of the northerly line of the North Half of the Northeast Quarter (N1/2, NE1/4) of Section Eight (8), Township Ten (10) North, Range Nine (9) West; thence westerly and eighty three (83.0) feet parallel with the with the northerly line of the North Half of the Northeast Quarter (N1/2, NE1/4) of said Section Eight (8), a distance of one thousand seven hundred seven and fifty eight hundredths (1,707.58) feet to a point of curvature; thence running northwesterly along the arc of a curve whose radius is nine hundred eighty five and thirty seven hundredths (985.37) feet ( the long chord of which deflects 11º50’33” right from the last described course), a long chord distance of three hundred fifteen and twenty four hundredths (315.24) feet to a point on the southerly right-of-way line of Wildwood Drive; thence westerly along the southerly right-of-way line of said Wildwood Drive, a distance of six hundred sixteen and sixty nine hundredths (616.69) feet to a point on the easterly line of the Northwest Quarter (NW1/4) of said Section Eight (8); thence continuing westerly along the southerly right-of- way line of said Wildwood Drive, a distance of fifty two and forty four hundredths (52.44) feet; thence southerly and parallel with the easterly line of the Northwest Quarter (NW1/4) of said Section Eight (8), a distance of two hundred sixty seven and ten hundredths (267.10) feet; thence easterly and three hundred (300.0) feet parallel with the northerly line of the Northwest Quarter (NW1/4) of said Section Eight (8), a distance of fifty two and forty four hundredths (52.44) feet to a point on the westerly line of the North Half of the Northeast Quarter (N1/2, NE1/4) of said Section Eight (8); thence continuing easterly and three hundred (300.0) feet parallel with the northerly line of the North Half of the Northeast Quarter (N1/2, NE1/4) of said Section Eight (8), a distance of two thousand five hundred ninety eight and forty six hundredths (2,598.46) feet to a point on the westerly right-of-way line of said Blaine Street; thence northerly along the westerly right-of-way line of said Blaine Street, a distance of two hundred seventeen and four hundredths (217.04) feet to the said Point of Beginning. $57,906.42 TOTAL All Connection Fees $331,654.23 Grand Island Council Session - 9/23/2014 Page 238 / 254 - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 239 / 254 Grand Island Council Session - 9/23/2014 Page 240 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item I-3 #2014-308 - Consideration of Assessments for Sanitary Sewer District 527T; Platte Valley Industrial Park-East This item relates to the aforementioned Board of Equalization item D-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/23/2014 Page 241 / 254 Approved as to Form ¤ ___________ September 19, 2014 ¤ City Attorney This Space Reserved for Register of Deeds RESOLUTION NO. 2014-308 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution No. 2014-BE-7 shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6, 103 R.R.S. 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the sanitary sewer main. No property benefited as determined by this resolution shall be connected to the sanitary sewer main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the front foot and area of the respective lots, tracts, and real estate within such Sanitary Sewer Main District No. 527T, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Sanitary Sewer District No. 527T Blattner Family Trust Part SW 1/4, SE 1/4, Section 5, T-10-N, R-9-W Platte Valley Industrial Park Third Subdivision $ 47,526.22 Grand Island Area Economic Part SE 1/4, SE 1/4, Section 5, T-10-N, R-9-W Development Corporation Platte Valley Industrial Park Third Subdivision $ 53,934.15 Grand Island Area Economic Part N 1/2, SE 1/4, Section 5, T-10-N, R-9-W Development Corporation Platte Valley Industrial Park Third Subdivision $ 53,092.65 Grand Island Area Economic Part W 1/2, NE 1/4, Section 5, T-10-N, R-9-W Development Corporation Platte Valley Industrial Park Third Subdivision $ 53,809.19 Grand Island Area Economic Part E 1/2, NE 1/4, Section 5, T-10-N, R-9-W Development Corporation W 53-1/3 Platte Valley Industrial Park Third Subdivision $ 35,330.23 Grand Island Council Session - 9/23/2014 Page 242 / 254 - 2 - Grand Island Area Economic Part E 1/2, NE 1/4, Section 5, T-10-N, R-9-W Development Corporation E 26-2/3 Platte Valley Industrial Park Third Subdivision $ 17,776.35 TOTAL $261,468.80 ---- Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _________________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 243 / 254 Grand Island Council Session - 9/23/2014 Page 244 / 254 Grand Island Council Session - 9/23/2014 Page 245 / 254 Grand IslandCouncil Session - 9/23/2014Page 246 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item I-4 #2014-309 - Consideration of Approving Contract with the Clean Community Systems Staff Contact: Robert Sivick Grand Island Council Session - 9/23/2014 Page 247 / 254 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:September 23, 2014 Subject:Agreement with Grand Island Area Clean Community System Item #’s:I-4 Presenter(s):Robert Sivick, City Attorney Background As part of the FY 2014-15 annual budget that was approved on September 9, 2014, an appropriation of $20,000.00 to Grand Island Area Clean Community System was made. Prior to any monies being paid out to Grand Island Area Clean Community System, an Agreement is needed to specify the obligations of each party and payment terms. Discussion The Legal Department drafted a proposed Agreement and submitted it to Clean Community System for approval. The Executive Director and Board of Directors for Clean Community System have approved the proposed Agreement. Some of the obligations of CCS are: develop and print 20,000 utility bill inserts one to two times per year on environmental issues; develop and print 20,000 recycling brochures annually, updating recycling opportunities in Grand Island; provide and maintain information on environmental/recycling issues and concerns; provide consulting services to implement integrated solid waste plans; conduct presentations on environmental issues and concerns to school groups, civic organizations and governmental agencies; and secure grant funding on an annual basis to provide household hazardous waste collection and disposal services for the citizens of Grand Island. The full Agreement is attached for your review. The City will pay CCS on a quarterly basis and not the full amount up front as has been done in the past. Both parties have the right to terminate this agreement now upon 60 days written notice. Grand Island Council Session - 9/23/2014 Page 248 / 254 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Resolution 2014-310 authorizing the City of Grand Island to enter into the Agreement with Grand Island Area Clean Community System. Sample Motion Move to approve Resolution 2014-310. Grand Island Council Session - 9/23/2014 Page 249 / 254 AGREEMENT THIS AGREEMENT is made and entered into this _____ day of _________________, 2014, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and GRAND ISLAND AREA - CLEAN COMMUNITY SYSTEM, hereinafter referred to as “CCS”. WHEREAS, the City is authorized to establish and provide for the support of any service, facility, or system required by the Integrated Solid Waste Management Act pursuant to the authority of Section 13-2021 of the Nebraska Revised Statutes, as amended; and WHEREAS, the Integrated Solid Waste Management Act requires the implementation of a solid waste management plan to provide for a local waste reduction and recycling program; and WHEREAS, the CCS actively educates the public on recycling and solid waste and other environmental issues, and provides an educational resource center on such issues; and WHEREAS, the City desires to and the City Council has approved such expenses within the 2014-2015 fiscal year's budget adopted by City Council on September 9, 2014 to contract with CCS to perform certain services associated with environmental, solid waste and recycling matters. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and the CCS agree as follows: 1.RESPONSIBILITIES. The CCS agrees to perform the following services pursuant to this agreement: (A) Develop and print 20,000 utility bill inserts one to two times per year on environmental issues. (B) Develop and print 20,000 recycling brochures annually, updating recycling opportunities in Grand Island. (C) Work with local recyclers to identify public misunderstanding of existing recycling programs. Assist in providing public education to maximize recycling program use and minimize problems. (D) Foster and support corridor litter controls and beautification groups and organizations. (E) Provide and maintain information on environmental/recycling issues and concerns. (F) Provide consulting services to implement integrated solid waste plans. Grand Island Council Session - 9/23/2014 Page 250 / 254 - 2 - (G) Endorse and encourage recycling through educational presentations. (H) Conduct presentations on environmental issues and concerns to school groups, civic organizations and governmental agencies. (I) Coordinate community clean-ups with the City of Grand Island Solid Waste Superintendent. (J) Work with the Solid Waste Superintendent to collect and evaluate recycling/diversion data from local recyclers. (K) Secure grant funding on an annual basis to provide household hazardous waste collection and disposal services for the citizens of Grand Island. 2.COMPENSATION. In consideration of the CCS performing the services provided for in this agreement, the City agrees to pay the CCS Twenty Thousand and No/100 Dollars ($20,000.00). Payment shall be made in four (4) quarterly installments of Five Thousand and No/100 ($5,000.00) with the first installment due and payable upon execution of this agreement by all parties, and upon approval of this agreement by the Grand Island City Council. 3.TERM. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2015. 4.LIMITATION. CCS hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated herein. 5.TERMINATION. Either party may terminate this contract upon sixty (60) days written notice to the other party. 6.ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the City and CCS notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By:____________________________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 251 / 254 - 3 - GRAND ISLAND AREA - CLEAN COMMUNITY SYSTEM By:____________________________________ Debra Larson, Executive Director STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _______________________, 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Debra Larson, Executive Director for the Grand Island Area - Clean Community System, known personally to me to be the identical person who signed the foregoing Agreement and acknowledged the execution thereof to be her voluntary act and deed for the purpose therein expressed. WITNESS my hand and notarial seal the date above written. __________________________________________ Notary Public Grand Island Council Session - 9/23/2014 Page 252 / 254 Approved as to Form¤ ___________ September 19, 2014 City Attorney R E S O L U T I O N 2014-309 WHEREAS, the City of Grand Island approved an appropriation of Twenty Thousand and No/100 Dollars ($20,000.00) to Grand Island Area Clean Community System in the FY 2014-15 budget; and WHEREAS, the City Of Grand Island and Grand Island Area Clean Community System have reached an Agreement for services and payment; and WHEREAS, Grand Island Area Clean Community System has executed said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement with Grand Island Area Clean Community System. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 23, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/23/2014 Page 253 / 254 City of Grand Island Tuesday, September 23, 2014 Council Session Item J-1 Approving Payment of Claims for the Period of September 10, 2014 through September 23, 2014 The Claims for the period of September 10, 2014 through September 23, 2014 for a total amount of $5,699,481.59. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 9/23/2014 Page 254 / 254