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10-14-2014 City Council Regular Meeting Packet City of Grand Island Tuesday, October 14, 2014 Council Session Packet City Council: Linna Dee Donaldson John Gericke Peg Gilbert Chuck Haase Julie Hehnke Kent Mann Vaughn Minton Mitchell Nickerson Mike Paulick Mark Stelk Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 10/14/2014 Page 1 / 180 City of Grand Island Tuesday, October 14, 2014 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Dan Bremer, Grace Lutheran Church, 545 East Memorial Drive 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 - 10/14/2014 Page 2 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item D-1 #2014-BE-6 –Consideration of Council President Haase’s Request the Council Override the Mayor’s Veto of Determining Benefits for Water Main District 458T, Platte Valley Industrial Park - East Staff Contact: Grand Island Council Session - 10/14/2014 Page 3 / 180 Grand Island Council Session - 10/14/2014 Page 4 / 180 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 - 10/14/2014 Page 5 / 180 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 - 10/14/2014 Page 6 / 180 Grand Island Council Session - 10/14/2014 Page 7 / 180 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 - 10/14/2014 Page 8 / 180 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 - 10/14/2014 Page 9 / 180 Approved as to Form ¤ ___________ October 10, 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 - 10/14/2014 Page 10 / 180 - 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 - 10/14/2014 Page 11 / 180 - 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 - 10/14/2014 Page 12 / 180 - 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 - 10/14/2014 Page 13 / 180 - 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 - 10/14/2014 Page 14 / 180 Grand Island Council Session - 10/14/2014 Page 15 / 180 Platte Valley Industrial Park East (PVIP-E) Development Understanding Chronology of Events 9/9/2008: City Council approves application on behalf of GIAEDC for Phase 1, CDBG $75K planning study to study Cornhusker Army Ammunition Park (CAAP) for economic site development. $75K dollar for dollar match from GIAEDC. 11/4/2008: City of Grand Island was awarded Phase 1, CDBG $75K grant. 1/13/2009: City Council approves “Planning Services Agreement” outlining GIAEDC/City responsibilities of Phase 1, CDBG $75K grant. o City provides Certified Grant Administration and distribution of grant funds. o GIAEDC provides scope of work performance and agrees to hold City harmless and reimburse City for any sums City is obligated to return to NEDED out of failure of GIAEDC to perform the conditions of the contract or failure of the project to meet the CDBG required national objective whether or not the failure to meet the national objective was caused by the act or omission of GIAEDC 5/10/2010: NEDED informs GIAEDC study results indicate CAAP is not elegible for Phase 2, $925K grant but will accept a proposal for PVIP-E as the alternative site for Phase 2 grant. The study contributed to the later decision by the GIAEDC to divest of the majority of its holdings at the CAAP. 7/20/2010: Citizens Advisory Review Committee approves GIAEDC application for $575K LB-840 Funding to be used as part of match for intent to apply for Phase 2 CDBG $925K grant. 7/27/2010: City Council approves $575K, LB-840 Funding with understanding Phase 2 CDBG $925K will be applied for at NEDED and “Planning Services Agreement” outlining GIAEDC/City responsibilities for phase 2, CDBG $925K will come forward to City Council. The “Planning Services Agreement” was never brought forward to City Council. Grand Island Council Session - 10/14/2014 Page 16 / 180 Platte Valley Industrial Park East (PVIP-E) Development Understanding Chronology of Events 10/26/2010: City Council approves application for Phase 2, CDBG, $925K infrastructure economic development grant on behalf of GIAEDC for PVIP-E. 11/23/2010: City Council approved formation of a tap district for both the water and sewer infrastructure at the PVIP-E. This was manner in which the City would be reimbursed for the $600k it spent out of the Utility Enterprise Funds to put the infrastructure in place. 3/25/2011: City receives grant contract awarded from NEDED $925K grant. 5/12/2014: Meeting at the request of NEDED regarding progress toward meeting $925K grant requirements. Attendees included the City and GIAEDC. 6/17/2014: Council study session update in preparation for negotiation of a “Planning Services Agreement” 8/14/2014: Citizens Review Committee was updated on the status of the $925 grant. 8/21/2014: City Council determined a “Planning Services Agreement” was not necessary 9/23/2014: Board of Equalization sat and set assessments. 10/1/2014: Mayoral veto occurred. Grand Island Council Session - 10/14/2014 Page 17 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item D-2 #2014-BE-7 – Consideration of Council President Haase’s Request the Council Override the Mayor’s Veto of Determining Benefits for Sanitary Sewer District 527T; Platte Valley Industrial Park-East Staff Contact: Grand Island Council Session - 10/14/2014 Page 18 / 180 Grand Island Council Session - 10/14/2014 Page 19 / 180 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 - 10/14/2014 Page 20 / 180 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 - 10/14/2014 Page 21 / 180 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 - 10/14/2014 Page 22 / 180 Grand Island Council Session - 10/14/2014 Page 23 / 180 Grand Island Council Session - 10/14/2014 Page 24 / 180 Grand IslandCouncil Session - 10/14/2014Page 25 / 180 Approved as to Form ¤ ___________ October 10, 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 - 10/14/2014 Page 26 / 180 - 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 - 10/14/2014 Page 27 / 180 Grand Island Council Session - 10/14/2014 Page 28 / 180 Platte Valley Industrial Park East (PVIP-E) Development Understanding Chronology of Events 9/9/2008: City Council approves application on behalf of GIAEDC for Phase 1, CDBG $75K planning study to study Cornhusker Army Ammunition Park (CAAP) for economic site development. $75K dollar for dollar match from GIAEDC. 11/4/2008: City of Grand Island was awarded Phase 1, CDBG $75K grant. 1/13/2009: City Council approves “Planning Services Agreement” outlining GIAEDC/City responsibilities of Phase 1, CDBG $75K grant. o City provides Certified Grant Administration and distribution of grant funds. o GIAEDC provides scope of work performance and agrees to hold City harmless and reimburse City for any sums City is obligated to return to NEDED out of failure of GIAEDC to perform the conditions of the contract or failure of the project to meet the CDBG required national objective whether or not the failure to meet the national objective was caused by the act or omission of GIAEDC 5/10/2010: NEDED informs GIAEDC study results indicate CAAP is not elegible for Phase 2, $925K grant but will accept a proposal for PVIP-E as the alternative site for Phase 2 grant. The study contributed to the later decision by the GIAEDC to divest of the majority of its holdings at the CAAP. 7/20/2010: Citizens Advisory Review Committee approves GIAEDC application for $575K LB-840 Funding to be used as part of match for intent to apply for Phase 2 CDBG $925K grant. 7/27/2010: City Council approves $575K, LB-840 Funding with understanding Phase 2 CDBG $925K will be applied for at NEDED and “Planning Services Agreement” outlining GIAEDC/City responsibilities for phase 2, CDBG $925K will come forward to City Council. The “Planning Services Agreement” was never brought forward to City Council. Grand Island Council Session - 10/14/2014 Page 29 / 180 Platte Valley Industrial Park East (PVIP-E) Development Understanding Chronology of Events 10/26/2010: City Council approves application for Phase 2, CDBG, $925K infrastructure economic development grant on behalf of GIAEDC for PVIP-E. 11/23/2010: City Council approved formation of a tap district for both the water and sewer infrastructure at the PVIP-E. This was manner in which the City would be reimbursed for the $600k it spent out of the Utility Enterprise Funds to put the infrastructure in place. 3/25/2011: City receives grant contract awarded from NEDED $925K grant. 5/12/2014: Meeting at the request of NEDED regarding progress toward meeting $925K grant requirements. Attendees included the City and GIAEDC. 6/17/2014: Council study session update in preparation for negotiation of a “Planning Services Agreement” 8/14/2014: Citizens Review Committee was updated on the status of the $925 grant. 8/21/2014: City Council determined a “Planning Services Agreement” was not necessary 9/23/2014: Board of Equalization sat and set assessments. 10/1/2014: Mayoral veto occurred. Grand Island Council Session - 10/14/2014 Page 30 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item E-1 Public Hearing on Request from Grand Island Public Schools for a Conditional Use Permit for Off Street Parking located at 1621 West Stolley Park Road and 2019 William Street Staff Contact: Craig Lewis Grand Island Council Session - 10/14/2014 Page 31 / 180 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:October 14, 2014 Subject:Request of Grand Island Public Schools for Approval of a Conditional Use Permit to Construct a Parking Lot at 1621 West Stolley Park Road & 2019 William Street Item #’s:E-1 & H-1 Presenter(s):Craig Lewis, Building Department Director Background This request is for approval of a conditional use permit to allow for the construction of a temporary parking lot through the year of 2017 and a permanent parking lot thereafter at the above referenced addresses. The properties are currently zoned R-2 Low Density Residential and as such a parking lot is a listed conditional use if associated with a school and located within 300 feet of the principal building. Conditional uses as listed in the zoning code must be approved by the city council after a finding that the proposed use promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Discussion This proposal is to construct a rock or crushed concrete parking lot on two adjacent residential zoned properties east of Stolley Park School for the first two years with the intent to pave and improve the parking lot in the fall of 2017 or spring of 2018. The property is located east of the school between Stolley Park Road and Hagge Avenue and east of William Street. Dwellings on the properties are proposed to be removed to facilitate the construction and provide parking for the school. The intent is to relocate staff parking and allow on-site circulation for pick-up and drop off away from Stolley Park Road. This proposal is to provide staff parking and construction staging of equipment and material for the next three years with a 4’ chain link fence along the perimeter of the property augmented by the existing neighbors fencing. Permanent concrete paving and Grand Island Council Session - 10/14/2014 Page 32 / 180 landscaping is proposed to be completed with the completion of a new Stolley Park School in the year 2018. Because the properties are zoned R-2 the landscaping regulations provided in the City Code are not required. I would suggest that as this property is in a predominantly residential neighborhood and the Council has the opportunity to provide conditions with the approval, that the landscaping requirements provided in section 36-102 of the City Code be applicable with the final construction of this parking lot. The landscape provisions in the City Code would require a ten foot landscape buffer adjacent to the street and plantings of four canopy trees, four understory trees, and twelve shrubs, within the landscape buffer. A second suggested condition is to require the vehicle ingress and egress to the parking lot, both now and in the future only from either Hagge Avenue or William Street adjacent to the proposed parking lot, preferably in line with future drive access to Stolley Park School. No additional onsite parking lot lighting is proposed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for a conditional Use Permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2.Disapprove or /Deny the request finding that the proposal does not conform to the purpose of the zoning regulations. 3.Modify the request to meet the wishes of the Council. 4.Refer the matter to a special committee for a determination of a finding of fact. 5.Table the issue Recommendation City Staff recommends that the Council approve the conditional use permit to allow temporary parking and construction staging for three years and a permanent parking lot thereafter with the condition that landscaping is provided in compliance with section 36- 102 of the zoning regulations upon completion of permanent improvements and that vehicle access be restricted to Hagge Avenue or William Street, finding that the request does promote the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Grand Island Council Session - 10/14/2014 Page 33 / 180 Sample Motion Move to approve the requested conditional use permit as specified in the staff recommendation published in the Council packet and presented at the City Council meeting and finding that the application will conform with the purpose of the zoning regulations. Grand Island Council Session - 10/14/2014 Page 34 / 180 Grand Island Council Session - 10/14/2014 Page 35 / 180 Grand Island Council Session - 10/14/2014 Page 36 / 180 Grand Island Council Session - 10/14/2014 Page 37 / 180 Grand Island Council Session - 10/14/2014 Page 38 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement located North of U.S. Highway 30 and West of Engleman Road - West Park Plaza Mobile Home Park Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 10/14/2014 Page 39 / 180 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:October 14, 2014 Subject:Acquisition of Utility Easement – West Park Plaza Mobile Home Park Item #’s:E-2 & G-5 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of West Park Plaza Mobile Home Park, LLC, located north of U.S. Highway 30, and west of Engleman Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The Utilities Department makes every effort to build redundancy into its distribution system by constructing new lines to existing radial fed transformers. This allows the transformer to be energized from a different direction while old cable is replaced. This easement will create a path for a new cable between a main line and an existing transformer. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 10/14/2014 Page 40 / 180 Grand Island Council Session - 10/14/2014 Page 41 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item F-1 #9506 - Consideration of Amendments to Chapter 30 of the Grand Island City Code Relative to Sewers and Sewage Disposal Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/14/2014 Page 42 / 180 Council Agenda Memo From: Marvin Strong PE, Wastewater Plant Engineer Meeting: October 14, 2014 Subject: Consideration of Amendments to Chapter 30 of the Grand Island City Code Relative to Sewers and Sewage Disposal Item #’s: F-1 Presenter(s): John Collins PE, Public Works Director Background A few proposed revisions to Chapter 30 of the City Code have been drafted for City Council consideration. The applicable section of the existing city code with markups is shown in this memo. The sections to the code that are being added are underlined and the sections that are being eliminated have a line drawn through the text. A clean version of the proposed city code is attached as an ordinance. Discussion A recent installation of a commercial food grinder has brought the fact that existing city code doesn’t allow for this. Revisions will allow for installation of commercial food grinders, upon City approval. The changes and additions that are being proposed to Chapter 30 are as follows: 30-49. Wastes from Garbage Grinders Food Waste Grinders installed in dwellings shall be regulated by the Plumbing Code. No person shall install and operate any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater in size. No business establishment shall install any garbage grinder or replace an existing garbage grinder after the effective date of this ordinance, without approval of the City Engineer in conformance with the Uniform Plumbing Code as adopted by the City. All garbage grinders shall shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse. Grand Island Council Session - 10/14/2014 Page 43 / 180 All waste is subject to Section 30-48 regarding Deleterious Discharges and the latest edition of the fee schedule for extra strength waste. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the changes to Chapter 30 of the City Code Sample Motion Move to approve the ordinance revising a code section in Chapter 30 of the Grand Island City Code. Grand Island Council Session - 10/14/2014 Page 44 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney ORDINANCE NO. 9506 An ordinance to amend Chapter 30 of the Grand Island City Code; to amend Section 30-49 pertaining to Wastes from Garbage Grinders as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 30-49 of the Grand Island City Code is hereby amended to read as follows: §30-49. Wastes from Garbage Grinders Food Waste Grinders installed in dwellings shall be regulated by the Plumbing Code. No business establishment shall install any garbage grinder or replace an existing garbage grinder after the effective date of this ordinance, without approval of the City Engineer in conformance with the Uniform Plumbing Code as adopted by the City. All garbage grinders shall shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse. All waste is subject to Section 30-48 regarding Deleterious Discharges and the latest edition of the fee schedule for extra strength waste. SECTION 2. Section 30-49 is now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 14, 2014. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 45 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-1 Approving Minutes of September 23, 2014 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 10/14/2014 Page 46 / 180 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 23, 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 23, 2014. Notice of the meeting was given in The Grand Island Independent on September 17, 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, Mitch Nickerson, Peg Gilbert, John Gericke, Mark Stelk, Mike Paulick, and Vaughn Minton. Councilmember Julie Hehnke was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works Director John Collins. INVOCATION was given by Father Robert Lewis, St. Stephen’s Episcopal Church, 422 West 2nd Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Eshan Sood. PRESENTATIONS: Proclamation “Literacy Week 2014”. Mayor Vavricek proclaimed September 22-28, 2014 as “Literacy Week 2014”. Executive Director of the Literacy Council of Grand Island Iona Grundmann and Administrative Assistant Sherry Cook were present to receive the Proclamation. Proclamation “Hispanic Heritage Month” September 15 – October 15, 2014. Mayor Vavricek proclaimed the month of September 15 – October 15, 2014 as “Hispanic Heritage Month”. Yolnada Nuncio and representatives of the Latino Community were present to receive the Proclamation. BOARD OF EQUALIZATION: Motion by Gilbert, second by Haase to adjourn to the Board of Equalization. Motion adopted. #2014-BE-6 - Consideration of Determining Benefits for Water Main District 458T, Platte Valley Industrial Park - East. Utilities Director Tim Luchsinger reported that the water main to provide municipal water service adjacent to properties located on the west side of Blaine Street between Schimmer Drive and Wildwood Drive had been completed. The total project cost for the water main construction was $856,068.68 with $331,654.23 to be charged as a tap district to the properties receiving benefit within the district’s boundary. Discussion was held concerning protests for this district. Mr. Luchsinger stated there was no protest period for tap districts. City Attorney Bob Sivick explained that once a property taps into the water main then they would be assessed. Grand Island Council Session - 10/14/2014 Page 47 / 180 Page 2, City Council Regular Meeting, September 23, 2014 Motion by Nickerson, second by Donaldson to approve Resolution #2014-BE-6. Upon roll call vote, Councilmembers Minton, Paulick, Stelk, Gericke, Gilbert, Nickerson, Donaldson, and Mann voted aye. Councilmember Haase voted no. Motion adopted. #2014-BE-7 - Consideration of Determining Benefits for Sanitary Sewer District 527T; Platte Valley Industrial Park-East. Public Works Director John Collins reported that the sanitary sewer located between Schimmer Drive on the north, Wildwood Drive on the south, Blaine Street on the east and the St. Joe Branch of UPRR on the west had been completed. The total project cost for the sanitary sewer construction was $508,855.21 with $261,468.80 to be charged as a tap district to the properties receiving benefit within the district’s boundary. Motion by Gilbert, second by Stelk to approve Resolution #2014-BE-7. Upon roll call vote, Councilmembers Minton, Paulick, Stelk, Gericke, Gilbert, Nickerson, Donaldson, and Mann voted aye. Councilmember Haase voted no. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Gericke to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request to Rezone Property Located at 3180 US Hwy 34 from RO Residential Office to B2 General Business. Regional Planning Director Chad Nabity reported that a request to change the zoning for property located west of Tech Drive and north of U.S. Highway 34 had been received. The purpose of the request was to place College Park as it exists today into a zoning district that was consistent with the intensity of use and that would allow them the freedom to advertise their products and services. Staff recommended approval. No public testimony was heard. Public Hearing on Request to Rezone Property Located at 3420 West State Street from CD Commercial Development to Amended Commercial Development. Regional Planning Director Chad Nabity reported that a request to change the zoning for property located at 3416, 3420, 3430 and 3436 West State Street had been received. The purpose of the request was to create 2 additional lots within the development, one on the north side of the existing building and one in the southwest corner. Staff recommended approval. Don Mehring, 102 Ponderosa Drive and Kelly Rafterty, 717 West Anna Street spoke in support. No further public testimony was heard. Public Hearing on Amendment to the Grand Island Comprehensive Plan for the Addition of an Energy Element. Regional Planning Director Chad Nabity reported that all communities and counties in Nebraska, with the exception of villages, were required to have an energy element in their comprehensive development plans by January 1, 2015. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Drainage Easement in Section 29, Township 11 North, Range 9 (Saint Leo’s Church of Grand Island – 2410 South Blaine Street). Public Works Director John Collins reported that acquisition of a drainage easement located at 2410 South Blaine Street was Grand Island Council Session - 10/14/2014 Page 48 / 180 Page 3, City Council Regular Meeting, September 23, 2014 needed to allow for proper drainage with the redevelopment of the parking lot at St. Leo’s Church. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9504 - Consideration of Request to Rezone Property Located at 3180 US Hwy 34 from RO Residential Office to B2 General Business #9505 - Consideration of Request to Rezone Property Located at 3420 West State Street from CD Commercial Development to Amended Commercial Development be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9504 - Consideration of Request to Rezone Property Located at 3180 US Hwy 34 from RO Residential Office to B2 General Business Motion by Donaldson, second by Gilbert to approve Ordinance #9504. City Clerk: Ordinance #9504 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 #9504 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 #9504 is declared to be lawfully adopted upon publication as required by law. #9505 - Consideration of Request to Rezone Property Located at 3420 West State Street from CD Commercial Development to Amended Commercial Development Discussion was held concerning a traffic light at the street that goes into Bed, Bath & Beyond. Mr. Collins stated they would look at this and the surrounding areas for a traffic light but thought there were other alternatives. Motion by Stelk, second by Mann to approve Ordinance #9505. City Clerk: Ordinance #9505 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. Grand Island Council Session - 10/14/2014 Page 49 / 180 Page 4, City Council Regular Meeting, September 23, 2014 City Clerk: Ordinance #9505 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 #9505 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Donaldson, second by Mann to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of September 9, 2014 City Council Regular Meeting. 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. #2014-293 - Approving Preliminary and Final Plat and Subdivision Agreement for Grand Island Mall 16th Subdivision. It was noted that EIG Grand Island LLC, owners, had submitted the Preliminary and Final Plat and Subdivision Agreement for Grand Island Mall 16th Subdivision for the purpose of creating 3 lots located north of State Street and east of US Hwy 281 containing 8.996 acres. #2014-294 - Approving Final Plat and Subdivision Agreement for Skag-Way Third Subdivision. It was noted that Super Market Developers, Inc., owners, has submitted the Final Plat and Subdivision Agreement for Skag-Way Third Subdivision for the purpose of creating 2 lots located north of State Street and east of Broadwell Avenue containing 12.01 acres. #2014-295 - Approving Fiscal Year 2014-2015 VOCA Grant Award. #2014-296 - Approving Acquisition of Drainage Easement in Section 29, Township 11 North, Range 9 (Saint Leo’s Church of Grand Island – 2410 South Blaine Street). #2014-297 - Approving Bid Award for Faidley Avenue Paving Improvements; Project No. 2014- P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 with The Diamond Engineering Company of Grand Island, NE in an Amount of $925,292.70. #2014-298 - Approving Amendment No. 1 to Agreement for Engineering Consulting Services Related to Faidley Avenue Paving Improvements; Project No. 2014-P-1 with Alfred Benesch & Company of Lincoln, NE for an Increase of $126,967.84 and a Revised Agreement Amount of $187,853.65. #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 from $76,893.60 to $114,056.65. Grand Island Council Session - 10/14/2014 Page 50 / 180 Page 5, City Council Regular Meeting, September 23, 2014 #2014-300 - Approving Time Extension to the Contract with The Diamond Engineering Co. of Grand Island, NE for Westgate Road Paving District No. 1261; North Road to Copper Road to November 14, 2014. #2014-301 - Approving Time Extension to the Contract with The Diamond Engineering Co. of Grand Island, NE for Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks to November 3, 2014 and an Increase of $13,057.00 and a Revised Contract Amount of $1,374,508.80. #2014-302 - Approving Bid Award for Surface Prep and Painting of Island Oasis Water Park with A1A Sandblasting of Cedar Rapids, IA in an Amount of $47,300.00. #2014-303 - Approving Keno Satellite Location and Agreement for Kerjac, Inc. dba Stix Billiard Center, 811 West 4th Street. #2014-304 - Approving Letter of Credit for Employer’s Mutual Casualty Company (EMC) Insurance Reserve. #2014-305 - Approving Designated Depositories and City Treasurer Authorizations. RESOLUTIONS: #2014-306 - Consideration of Amendment to the Grand Island Comprehensive Plan for the Addition of an Energy Element. This item was related to the aforementioned Public Hearing. Motion by Gilbert, second by Gericke to approve Resolution #2014-306. Upon roll call vote, all voted aye. Motion adopted. #2014-307 - Consideration of Assessments for Water Main District 458T, Platte Valley Industrial Park - East. This item was related to the aforementioned Public Hearing. Motion by Gilbert, second by Nickerson to approve Resolution #2014-307. Upon roll call vote, all voted aye. Motion adopted. #2014-308 - Consideration of Assessments for Sanitary Sewer District 527T; Platte Valley Industrial Park-East. This item was related to the aforementioned Public Hearing. Motion by Gilbert, second by Donaldson to approve Resolution #2014-308. Upon roll call vote, all voted aye. Motion adopted. #2014-309 - Consideration of Approving Agreement with the Clean Community Systems. City Attorney Robert Sivick reported that the 2014-2015 annual budget appropriated $20,000 to the Grand Island Area Clean Community System. This agreement was needed to specify the obligations of each party and payment terms. Motion by Paulick, second by Haase to approve Resolution #2014-309. Grand Island Council Session - 10/14/2014 Page 51 / 180 Page 6, City Council Regular Meeting, September 23, 2014 Discussion was held regarding who oversees this contract. Mr. Sivick stated Solid Waste Superintendent Jeff Wattier was in charge and everything was in order. Comments were made regarding having a representative from Clean Community Systems present to answer questions. Motion by Donaldson, second by Nickerson to postpone Resolution #2014-309 until the October 14, 2014 Council meeting. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Mann, second by Donaldson to approve the Claims for the period of September 10, 2014 through September 23, 2014, for a total amount of $5,699,481.59. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:03 p.m. RaNae Edwards City Clerk Grand Island Council Session - 10/14/2014 Page 52 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-2 Approving Minutes of September 23, 2014 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 10/14/2014 Page 53 / 180 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION September 23, 2014 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on September 23, 2014. Notice of the meeting was given in the Grand Island Independent on September 17, 2014. Mayor Jay Vavricek called the meeting to order at 8:04 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Mark Stelk, John Gericke, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Chuck Haase, and Kent Mann. Councilmember Julie Hehnke was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works Director John Collins. SPECIAL ITEMS: Update on Northwest Grand Island Flood Control Project. Public Works Director John Collins introduced Lalit Jha and John Petersen from JEO who gave a PowerPoint presentation on the Upper Prairie/Silver/Moore’s (Northwest Grand Island) Flood Control Project. The goal was to provide a 100 year flood protection to the northwestern part of Grand Island. It was to reduce flood damages to crops, properties, and other infrastructure and remove properties from the FEMA floodplain. The benefits were to eliminate $59 million in damages from a 100 year event, protect 1,500 residences and 55 businesses from flood damage and protect over 10,000 acres of cropland. This project included the Natural Resources Development Fund (NRDF), Central Platte NRD, City of Grand Island, Hall County, and Merrick County. A feasibility study was completed in 2004 with an estimated total project cost of $16 million. The design began in 2005 with an anticipated projected completion date in 2018-2019. Estimated total project cost was $29 million, one of the largest NRDF projects. The City of Grand Island estimated cost would be $6,194,412. Explained were the hydrology and hydraulics of the project. Assistant Public Works Director Terry Brown answered questions concerning the cost the city had paid since the project started. Funds were paid from the Capital Improvement Fund. Mr. Nabity stated he had property owners contact him who wanted to get their property out of the floodplain and the cost of flood insurance. He answered questions concerning the two mile zoning jurisdiction and the requirements to meet the zoning regulations. He stated this Study Session was an update of the original Resolution approving funding for 10 years. A Resolution would be brought to Council for future funding in the near future. Mr. Collins stated the construction cost had increased from 2004 when the study was done. Grand Island Council Session - 10/14/2014 Page 54 / 180 Page 2, City Council Study Session, September 23, 2014 ADJOURNMENT: The meeting was adjourned at 9:02 p.m. RaNae Edwards City Clerk Grand Island Council Session - 10/14/2014 Page 55 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-3 Approving Appointment of Dean Sears to the Regional Planning Commission Mayor Vavricek has submitted the appointment of Dean Sears to the Regional Planning Commission to replace Dennis McCarty. This appointment will become effective November 1, 2014 upon approval by the City Council and will expire on October 31, 2017. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 10/14/2014 Page 56 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-4 #2014-310 - Approving Keno Satellite Location and Agreement for Bosselman Administrative Services dba Quaker Steak and Lube, 3335 W. Wood River Road Staff Contact: RaNae Edwards Grand Island Council Session - 10/14/2014 Page 57 / 180 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:October 14, 2014 Subject:Approving Keno Satellite Location and Agreement for Bosselman Administrative Services dba Quaker Steak and Lube, 3335 W. Wood River Road Item #’s:G-4 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 and its two mile zoning jurisdicition. 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 Bosselman Administrative Services dba Quaker Steak and Lube, 3335 W. Wood River Road has submitted a request for approval of a satellite location at the premises of Quaker Steak and Lube, 3335 W. Wood River Road. This request was presented and approved by Hall County at their September 23, 2014 meeting. Approval of the Satellite Agreement between Bosselman Administrative Services 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 - 10/14/2014 Page 58 / 180 Recommendation City Administration recommends that the Council approve the request for a Keno Satellite Location and Agreement for Bosselman Administrative Services dba Quaker Steak and Lube, 3335 W. Wood River Road. Sample Motion Move to approve the request for a Keno Satellite Location and Agreement for Bosselman Administrative Services dba Quaker Steak and Lube, 3335 W. Wood River Road. Grand Island Council Session - 10/14/2014 Page 59 / 180 Grand Island Council Session - 10/14/2014 Page 60 / 180 Grand Island Council Session - 10/14/2014 Page 61 / 180 Grand Island Council Session - 10/14/2014 Page 62 / 180 Grand Island Council Session - 10/14/2014 Page 63 / 180 Grand Island Council Session - 10/14/2014 Page 64 / 180 Grand Island Council Session - 10/14/2014 Page 65 / 180 Grand Island Council Session - 10/14/2014 Page 66 / 180 Grand Island Council Session - 10/14/2014 Page 67 / 180 Grand Island Council Session - 10/14/2014 Page 68 / 180 Grand Island Council Session - 10/14/2014 Page 69 / 180 Grand Island Council Session - 10/14/2014 Page 70 / 180 Grand Island Council Session - 10/14/2014 Page 71 / 180 Grand Island Council Session - 10/14/2014 Page 72 / 180 Grand Island Council Session - 10/14/2014 Page 73 / 180 Grand Island Council Session - 10/14/2014 Page 74 / 180 Grand Island Council Session - 10/14/2014 Page 75 / 180 Grand Island Council Session - 10/14/2014 Page 76 / 180 Grand Island Council Session - 10/14/2014 Page 77 / 180 Grand Island Council Session - 10/14/2014 Page 78 / 180 Grand Island Council Session - 10/14/2014 Page 79 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-310 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 3335 W. Wood River Road in Grand Island, Nebraska, owned by Bosselman Administrative Services dba Quaker Steak & Lube, a Nebraska corporation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Bosselman Administrative Services dba Quaker Steak & Lube, a Nebraska corporation, located at 3335 W. Wood River Road, 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, October 14, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 80 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-5 #2014-311 - Approving Acquisition of Utility Easement located North of U.S. Highway 30 and West of Engleman Road - West Park Plaza Mobile Home Park This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 10/14/2014 Page 81 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-311 WHEREAS, a public utility easement is required by the City of Grand Island from West Park Plaza, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 14, 2014, for the purpose of discussing the proposed acquisition of a twenty foot wide easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: TRACT 1 Commencing at the northeast corner of the Southeast Quarter (SE1/4), Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th PM, Grand Island, Hall County, Nebraska; thence on an assumed bearing of S0°39’43”E, along the easterly line of said Southeast Quarter (SE1/4), a distance of six hundred twenty five and ninety three hundredths (625.93) feet to a point on the northerly right-of-way line of the Union Pacific Railroad; thence S58°02’40”W, along the northerly right-of-way line of said Union Pacific Railroad, a distance of two hundred eighty seven and fifty seven hundredths (287.57) feet to the ACTUAL Point of Beginning of TRACT 1, thence N48°15’58”W, a distance of one hundred and forty seven hundredths (100.47) feet; thence N16°47’52”W, a distance of sixty (60.0) feet to the point of termination of said TRACT 1. TRACT 2 Commencing at the northeast corner of the Southeast Quarter (SE1/4), Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th PM, Grand Island, Hall County, Nebraska; thence on an assumed bearing of S0°39’43”E, along the easterly line of said Southeast Quarter (SE1/4), a distance of six hundred twenty five and ninety three hundredths (625.93) feet to a point on the northerly right of way line of the Union Pacific Railroad; thence S58°02’40”W, along the northerly right of way line of said Union Pacific Railroad, a distance of two hundred eighty seven and fifty seven hundredths (287.57) feet; thence N48°15’58”W, a distance of one hundred and forty seven hundredths (100.47) feet; to the ACTUAL Point of Beginning of TRACT 2; thence N54°53’41”W, a distance of one hundred eighty nine (189.0) feet to the point of termination of said TRACT 2. The side lines of the above described tracts shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property and contain a combined total of 0.16 acres, more or less, as shown on the plat dated 9/11/2014, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and Grand Island Council Session - 10/14/2014 Page 82 / 180 - 2 - Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney hereby is, authorized to acquire a public utility easement from West Park Plaza Mobile Home Park, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska October 14, 2014. __________________________________ Jay Vavricek, Mayor Attest: _______________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 83 / 180 Grand Island Council Session - 10/14/2014 Page 84 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-6 #2014-312 - Approving Change Order #3 with Mainsaver - Utility Management System Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/14/2014 Page 85 / 180 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:October 14, 2014 Subject:Utilities Management System – Mainsaver Change Order #3 Item #’s:G-6 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department utilizes an accounting program on the AS400 computer for detailed accounting of its operations. This program was developed by City information technology staff in the 1980s and allows for cost tracking on work activities, based on Federal Electric Regulatory Commission (FERC) account codes that are mandated for public utilities. The Department also utilizes third party software systems for purchase orders, inventory, and for scheduling some work activities or preventive maintenance. None of these systems are integrated and, along with payroll and accounts payable, require that information be transferred or entered manually and/or multiple times. As the use of the AS400 computer is being phased out due to support issues, staff from the Utilities and Finance Departments developed a Request for Proposals to replace the above systems with an integrated system that would incorporate work and asset management, purchasing, and accounting for the Utilities Department, and also allow electronic transfer of information for payroll and accounts payable to the City’s MUNIS business accounting system. In addition to supplying the software system, the scope of the specifications included transfer of the information of the existing systems to the new system, and support services for both the new system integration and as required on an ongoing basis. On September 24, 2013, the Department recommended that the proposal from Mainsaver Software be accepted for the Utilities Management System. The proposal from Mainsaver included a detailed estimated activity pricing breakdown which will be billed at actual cost, for a not-to-exceed total price of $209,320.00. This not-to-exceed cost does not include travel expenses, which will also be billed at actual cost. The cost of the new software system and in-house implementation expenses will be funded by the Utilities Enterprise Funds. Grand Island Council Session - 10/14/2014 Page 86 / 180 Discussion The new management system is currently being integrated into use by Mainsaver and Department staff. During the integration process, various changes unique to the City’s system were recommended by Department staff to Mainsaver to accommodate City or Department requirements or methods, requiring special programming that was not included in the original contract. In many cases, these changes were to allow greater ease of use or acceptance by Department employees, which should promote a smoother transition and favorable long-term benefits from the system to Department operations. Included in this change order is a significant added scope in the information shared between MUNIS and Mainsaver such as payroll, time reporting, and overhead calculations, in order to reduce or eliminate manual data input and accurately reflect cost of operations. Also included in this change order is an added interface with the City’s Beehive asset management database which will automatically incorporate changes or additions to assets in the electric and water distribution systems into the Mainsaver database. The detailed changes and cost breakdowns are provided in the attached contract change order. This Change Order, along with the previously approved Change Orders will result in a total contract cost of $381,610.00. Department management staff has reviewed these changes and recommend their approval as being in accordance with the terms of the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council award Change Order #3 to the Contract for Utilities Management System in the amount of $91,125.00. Sample Motion Move to approve Change Order #3 for Utilities Management System to Mainsaver, in the amount of $91,125.00. Grand Island Council Session - 10/14/2014 Page 87 / 180 TO:Mainsaver Software 1803 Thornmint Road Suite 200 San Diego CA 92127 PROJECT:Utility Management System RE: Change Order #3 You are hereby directed to make the following change in your contract: 1.Additional payment per the attached quotations: ADDITION of $91,125.00 The original Contract Sum $ 209,320.00 Previous Change Order Amounts $ 81,165.00 The Contract Sum is increased by this Change Order $ 91,125.00 The Contract Sum is decreased by this Change Order $ 0.00 The total modified Contract Sum to Date $ 381,610.00 Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:Date: Attest: Approved as to Form, City Attorney ACCEPTED:MAINSAVER SOFTWARE By:Date: Grand Island Council Session - 10/14/2014 Page 88 / 180 RFQ For City of Grand Island Customer 1448 Enhancement CR-08935 Purchasing Workflow Changes Grand Island Council Session - 10/14/2014 Page 89 / 180 COPYRIGHT Copyright © 2000-2014 Mainsaver Software. All rights reserved. No part of this document may be copied or distributed, transmitted, transcribed, stored in a retrieval system, or translated into any human or computer language, in any form or by any means electronic, mechanical, magnetic, manual, or otherwise, or disclosed to third parties without the express written permission of Mainsaver Software. Mainsaver Software 10803 Thornmint Road Suite 200 San Diego, CA 92127 U.S.A. http://www.mainsaver.com TRADEMARKS Mainsaver is a trademark of Mainsaver Software in the USA and other countries. Microsoft and Windows are registered trademarks of the Microsoft Corporation. Writer: Rob Garbus CN 1448 version 12.5.101 custom.pbl maintained by TS SQL Server 2012 Customer uses WebMainsaver and WebMobile REVISIONS 1.0 Original submission - 9/2/14 1.1 Incorporate LM Comments – 9/4/14 1.2 Add LM requests for PO Form changes – 10/3/14 2 Grand Island Council Session - 10/14/2014 Page 90 / 180 Requirements – Change Request CR-08935 Mainsaver was implemented with the standard purchasing workflow of purchase request to approval and then creating a purchase order from the approved request. After pilot runs, customer would like to change the process to approve the purchase order rather than the purchase request. Based on previous customizations, the following changes will need to be made. 1.Add Approval Route selection to PO header 2.Modifications to PO Form a.Need to see remit to MUNIS Supplier number on PO form – applies to all plants) b.Take Modem off form c.add email address in supplier area 3.Allow entry of alternate bid information on PR and PO 4.View alternate bid information in PO approval screen 5.Employee from plant A may be on multiple routes in multiple plants 6.Radio button for required action after approval Scope of changes Changes will be made in the Mainsaver database and Mainsaver client software Does not apply to WebMobile or WebMainsaver PO Approval will be done from within Mainsaver, not the WebMobile email link When a PO is created, it will remain in the Awaiting Approval designated status (usually AWA) until an approver with the proper authority approves. Once approvers the status will change to the approved status such as APP. This specification does not include any changes to the standard invoice approval routing and approval which is based on cost center of the invoice. Invoice matching is based on tolerance settings to Target Process Map PO Phase Mainsaver Process Standard Feature Previous Custom New Customization Needed? Initiation of purchase Purchase Request – no approval needed. Yes Yes No Alert buyer of new PR Yes No No Allow 256 characters for alternate bid information on PR and PO No Yes Yes- expand field. Add to PO. Carry from PR to PO if present. PO Route creation Allow one PO approver in plant A to be one No No Yes 3 Grand Island Council Session - 10/14/2014 Page 91 / 180 multiple PO approval routes in both Plant A and other Plants. Create PO PO is created by buyer either with or without a purchase request. Yes No No Buyer can enter information on alternate bids – 256 characters No No Yes Buyer selects approval route name on PO – may be a required field No No Yes Buyer can select action after approval No No Yes – Radio button Approve PO Email alert is sent to first PO approver once the PO is created. Yes No No Approver can view alternate bid information, approve, reject, see new action button and/or change action button Yes No Yes PO Form Changes Radio button for action, remove modem, add email, see remit to supplier number No Yes Yes Invoice Matching Customer may or may not approve invoices. No customization is in scope for this module Yes No No 4 Grand Island Council Session - 10/14/2014 Page 92 / 180 Current Functionality Analysis Screen Prints PO Approval is turned on 5 Grand Island Council Session - 10/14/2014 Page 93 / 180 Users will have one PO approval limit across any plant which they may approve PO Approval Routes will be created in each plant however new requirement is one approver may approve in more than one route 6 Grand Island Council Session - 10/14/2014 Page 94 / 180 Cost center may be applied to a PO route however new requirement is user will select the PO Approval route on the PO Header. 7 Grand Island Council Session - 10/14/2014 Page 95 / 180 Need a way to hold for pricing so that the PO may be assembled and pricing adjusted prior to release for approval. Buyer will also record alternative bid information and action to be taken after approval. CLEAR the invoice per tolerances below 8 Grand Island Council Session - 10/14/2014 Page 96 / 180 Invoice routing is based only on the cost center of the invoice. 9 Grand Island Council Session - 10/14/2014 Page 97 / 180 Change Requests 1.Add Approval Route selection to PO header a.User entering the purchase order will select a PO route from the dropdown b.Only PO Routes for their plant will be displayed c.PO Route may be set as a required field through column configuration settings in System Admin d.PO Routing based on cost center will be disabled 2.Modifications to PO Form a.Add MUNIS Supplier # to PO Header i.Currently Stored in s_opt1 ii.Add in Supplier Area b.Remove ‘Modem’ Label and field c.Add email address of Supplier stsu.email_address 3.Allow entry of alternate bid information on PR and PO a.If entered on PR, carry to PO b.Up to 256 characters 4.View alternate bid information in PO approval screen – when approving purchase orders, the approver should have the capability to see the alternate bid information to ensure that the buyer has done their evaluation in compliance with City policy. (As standard, PO approver one can view the PO Notes field and add additional notes for higher level approvers as applicable) 5.Employee from plant A may be on multiple routes in multiple plants 10 Grand Island Council Session - 10/14/2014 Page 98 / 180 a.Employee A might be a high level approver that will be on routes for all plants. b.Employee B might be an approver that will approve on Route A in plant A and route B in plant A. For example, the plant manager might be a high level approver for the Operations PO Routing and Maintenance PO Routing. 6.Radio button for required action after approval – on the PO edit data window, add 4 Radio buttons which will indicate the action to be taken. a.Fax to Supplier b.Email to Supplier c.Mail to Supplier d.Confirmation Copy Professional Services 4 Days Onsite Install and test changes Onsite installation and training on new features New Version 1.2 10/3/14 1) The remit supplier number needs to be on the form. Would like to have it below the Supplier number. Related to 2A above, MUNIS supplier or REMIT TO supplier (s_opt1) should display in the PO header where ‘SHIP VIA’ currently is displayed. 2) Related to 2B above, display the stsu.email_address field where modem is currently displayed. 3) Move the “Freight on Board” to the “Terms” location, do not need the “Terms” on the PO Header. 4) On the PO detail Area, remove the Account from the “Charge Cost Center – Account”. 5) Add the “Mark for” into the header as the entire order will go to one person. Remove Mark For from the PO detail area. (Only if no additional cost) 6) The Required date is in two locations? Really only need it in the header. Remove ‘Required Date ‘ from the PO detail area and use the space to expand the description area. (Only if no additional cost) 7) If the supplier part number or stock number are null, then they do not need to be shown on the PO. Make the supplier part number and label null if the value is null. Remove the stock number from the PO detail area. 11 Grand Island Council Session - 10/14/2014 Page 99 / 180 12 Grand Island Council Session - 10/14/2014 Page 100 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-312 WHEREAS, Mainsaver Software Inc. of San Diego, California, was awarded the contract for the Utilities Management System, at the September 24, 2013 City Council meeting; and WHEREAS, during the integration process with various divisions of the Utilities Department, changes unique to the City’s system were recommended by Department staff to Mainsaver to accommodate City or Department requirements or methods, requiring special programming that was not included in the original contract; and WHEREAS, these changes will allow for greater ease which should promote a smoother transition and favorable long-term benefits from the system to Department operations; and WHEAREAS, Change Order #3 was prepared for a contract adjustment of an additional amount of $91,125.00, resulting in a final contract amount of $381,610.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #3 with Mainsaver Software, Inc., of San Diego, California, resulting in an additional cost of $91,125.00, for a final contract price of $381,610.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 14, 2014. ____________________________________ Jay Vavricek, Mayor Attest: _____________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 101 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-7 #2014-313 - Approving Certificate of Final Completion for the 2014 Asphalt Resurfacing Project No. 2014-AC-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/14/2014 Page 102 / 180 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:October 14, 2014 Subject:Approving Certificate of Final Completion for the 2014 Asphalt Resurfacing Project No. 2014-AC-1 Item #’s:G-7 Presenter(s):John Collins PE, Public Works Director Background J.I.L. Asphalt Paving Co. of Grand Island, Nebraska was awarded a $531,871.56 contract on June 10, 2014. Work on the project commenced on June 30, 2014 and was completed on September 29, 2014. This year’s work involved asphalt resurfacing on the following streets: Section #1. North Road from Stolley Park Road to US Highway 30 Section #2. Stolley Park Road from North Road to Union Pacific Railroad Spur Line Section #3. Manchester Road from Engleman Road to Mansfield Road Section #4. Mansfield Road from Horseshoe Place to Manchester Road Section #5. State Street from Lafayette Avenue to Broadwell Avenue Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Work was completed at a total cost of $529,811.78. The project was underrun by $2,059.78. Grand Island Council Session - 10/14/2014 Page 103 / 180 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Asphalt Resurfacing Project No. 2014-AC-1. Sample Motion Move to approve the Certificate of Final Completion for Asphalt Resurfacing Project No. 2014-AC-1. Grand Island Council Session - 10/14/2014 Page 104 / 180 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Asphalt Resurfacing Project No. 2014-AC-1 CITY OF GRAND ISLAND, NEBRASKA October 14, 2014 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Asphalt Resurfacing Project No. 2014-AC-1 has been fully completed by J.I.L. Asphalt Paving Co. of Grand Island, Nebraska under the contract dated June 10, 2014. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Asphalt Resurfacing Project No. 2014-AC-1 Item No.Description Total Quantity Unit Unit Price Total Cost Bid Section #1 - North Road from Stolley Park Road to US Highway 30 1 Cold Milling 6,800.00 SY $1.81 $12,308.00 2 Asphaltic Concrete, Type SPL (A)833.40 TON $27.50 $22,918.50 3 Asphaltic Concrete for Patching, Type SPL (A) - Class I 20.12 TON $105.00 $2,112.60 4 Asphaltic Concrete for Patching, Type SPL (A) - Class II 0.00 TON $125.00 $0.00 5 Performance Graded Binder (70-34)9,898.53 GAL $3.15 $31,180.37 6 Tack Coat 825.00 GAL $1.00 $825.00 7 Earth Shoulder Construction 3.50 STA $54.00 $189.00 8 Seeding, Type B 0.50 ACR $1,750.00 $875.00 9 Mulch 1.00 TON $100.00 $100.00 10 Crushed Rock for Surfacing 28.34 TON $40.00 $1,133.60 11 Overlay Broken Line 0.00 STA $5.00 $0.00 Total Bid Section #1 =$71,642.07 Bid Section #2 - Stolley Park Road from North Road to UPRR Spur Line 1 Cold Milling 7,900.00 S.Y.$2.67 $21,093.00 2 Asphaltic Concrete, Type SPL (A)1,462.10 TON $27.50 $40,207.75 3 Asphaltic Concrete for Patching, Type SPL (A) - Class I 408.96 TON $83.50 $34,148.16 4 Asphaltic Concrete for Patching, Type SPL (A) - Class II 3.43 TON $125.00 $428.75 5 Performance Graded Binder (70-34)23,103.30 GAL $3.15 $72,775.40 6 Tack Coat 1,575.00 GAL $1.00 $1,575.00 7 Earth Shoulder Construction 5.50 STA $54.00 $297.00 Grand Island Council Session - 10/14/2014 Page 105 / 180 8 Seeding, Type B 0.50 ACR $1,750.00 $875.00 9 Mulch 1.00 TON $100.00 $100.00 10 Crushed Rock for Surfacing 0.00 TON $40.00 $0.00 11 Overlay Broken Line 71.90 STA $5.00 $359.50 12 Overlay Solid Line 0.00 STA $10.00 $0.00 Total Bid Section #2 = $171,859.56 Bid Section #3 - Manchester Road from Engleman Road to Mansfield Road 1 Cold Millling 8,950.00 SY $1.89 $16,915.50 2 Asphaltic Concrete, Type SPL (B)1,646.62 TON $28.45 $46,846.34 3 Asphaltic Concrete for Patching, Type SPL (B) - Class I 47.74 TON $105.00 $5,012.70 4 Asphaltic Concrete for Patching, Type SPL (B) - Class II 6.45 TON $125.00 $806.25 5 Performance Graded Binder (64-34)21,998.79 GAL $2.88 $63,356.52 6 Tack Coat 1,090.00 GAL $1.00 $1,090.00 7 Crushed Rock for Surfacing 0.00 TON $40.00 $0.00 Total Bid Section #3 =$134,027.30 Bid Section #4 - Mansfield Road from Horseshoe Place to Manchester Road 1 Cold Milling 3,600.00 SY $1.29 $4,644.00 2 Asphaltic Concrete, Type SPL (B)415.00 TON $28.45 $11,806.75 3 Asphaltic Concrete for Patching, Type SPL (B) - Class I 4.92 TON $105.00 $516.60 4 Performance Graded Binder (64-34)5,345.26 GAL $2.88 $15,394.35 5 Tack Coat 335.00 GAL $1.00 $335.00 6 Subgrade Preparation 1,485.00 SY $2.70 $4,009.50 7 Earth Shoulder Construction 4.50 STA $54.00 $243.00 8 Seeding, Type B 0.00 ACR $1,750.00 $0.00 9 Mulch 0.00 TON $100.00 $0.00 10 Crushed Rock for Surfacing 23.55 TON $40.00 $942.00 Total Bid Section #4 =$37,891.20 Bid Section #5 - State Street from Lafayette Avenue to Broadwell Avenue 1 Cold Milling 4,850.00 SY $2.58 $12,513.00 2 Asphaltic Concrete, Type SPL (B)744.46 TON $28.45 $21,179.89 3 Performance Graded Binder (64-34)9,081.17 GAL $2.88 $26,153.77 4 Tack Coat 800.00 GAL $1.00 $800.00 5 Overlay Broken Line 0.00 STA $5.00 $0.00 6 Overlay Solid Line 0.00 STA $10.00 $0.00 Total Bid Section #5 =$60,646.66 Grand Island Council Session - 10/14/2014 Page 106 / 180 Bid Section #6 - Miscellaneous 1 Temporary Sign Day 2,163.00 EA $2.50 $5,407.50 2 Barricade, Type II 1,653.00 BDAY $0.50 $826.50 3 Barricade, Type III 1,118.00 BDAY $2.00 $2,236.00 4 Flagging 27.50 DAY $110.00 $3,025.00 5 Job Mix Design for Asphaltic Concrete, Type SPL (A)1.00 EA $1,500.0 0 $1,500.00 6 Job Mix Design for Asphaltic Concrete, Type SPL (B)1.00 EA $3,500.0 0 $3,500.00 7 Adjust Manhole to Grade 0.00 EA $400.00 $0.00 8 Railroad Coordination - Spur Line (DOT No. 820-080J)1.00 EA $5,000.0 0 $5,000.00 9 Railroad Coordination - North Road (DOT No. 817-631I)1.00 EA $5,000.0 0 $5,000.00 10 Mobilization 1.00 LS $27,250. 00 $27,250.00 Total Bid Section #6 =$53,745.00 Grand Total =$529,811.78 Item I hereby recommend that the Engineer’s Certificate of Final Completion for Asphalt Resurfacing Project No. 2014-AC-1 be approved. _______________________________________________________________________________ John Collins, PE - City Engineer/Public Works Director Jay Vavricek – Mayor Grand Island Council Session - 10/14/2014 Page 107 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-313 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Project No. 2014-AC-1, Asphalt Resurfacing, certifying that J.I.L. Asphalt Paving Co., Inc. of Grand Island, Nebraska, under contract, has completed the asphalt resurfacing; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No. 2014-AC-1, Asphalt Resurfacing, in the amount of $529,811.78, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 14, 2014. ______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 108 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-8 #2014-314 - Approving Bid Award for Snow Removal Services 2014/2015 (Streets Division of the Public Works Department) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/14/2014 Page 109 / 180 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:October 14, 2014 Subject:Approving Bid Award for Snow Removal Services 2014/ 2015 (Streets Division of the Public Works Department) Item #’s:G-8 Presenter(s):John Collins, Public Works Director Background Snow Removal Services 2014-2015 bid request was advertised on September 25, 2014 and mailed to nine (9) potential bidders. The intent of this contract is to secure prices for equipment and labor to clear snow from City-owned Streets during snow removal operations in the 2014-2015 winter season. Discussion One bid was received and opened on October 7, 2014. A summary of historic bid awards and the current bids submitted are shown below: 2014-2015 BIDSBid Item 2012-2013 Bid Award 2013-2014 Bid Award 2014-2015 Estimate Diamond Engineering Dump Trucks $135.00 $120.00 $125.00 $165.00 Front End Loaders $175.00 $165.00 $170.00 $200.00 Motor Graders $175.00 $175.00 $180.00 $220.00 *Truck (16,000-20,000 GVW) with Plow N/A N/A $125.00 NO BID *Truck (20,000-35,000 GVW) with Plow N/A N/A $130.00 NO BID *Pick-up (1 ton) with Plow N/A N/A $95.00 NO BID Exceptions NONE *New bid item added in 2014-2015. Grand Island Council Session - 10/14/2014 Page 110 / 180 The Streets Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed the bid received. The estimate for snow removal services is based on previous years’ bid prices; the bid prices for this year’s contract are higher than the estimate. There are no estimated or guaranteed hours of work for snow removal services since the Streets Division plows only when necessary. There are sufficient funds in Account No. 10033502-85312 for these services. 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 the contract for Snow Removal Services 2014-2015 to The Diamond Engineering Company, of Grand Island, Nebraska. Sample Motion Move to approve awarding contract to The Diamond Engineering Company. Grand Island Council Session - 10/14/2014 Page 111 / 180 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 7, 2014 at 2:15 p.m. FOR:Snow Removal Services 2014-2015 DEPARTMENT:Public Works ESTIMATE:Dump Trucks for Hauling Snow $125.00 per hour Front End Loaders $170.00 per hour Motor Graders $180.00 per hour Truck w/Plow (16,000-20,000 GVW)$125.00 per hour Truck w/Plow (20,000-35,000 GVW)$130.00 per hour Pick-up w/Plow (1 Ton or larger)$ 95.00 per hour FUND/ACCOUNT:10033502-85213 PUBLICATION DATE:September 25, 2014 NO. POTENTIAL BIDDERS:9 SUMMARY Bidder:The Diamond Engineering Co. Grand Island, NE Exceptions:None Bid Price: Dump Trucks:$165.00 per hour Front End Loaders:$200.00 per hour Motor Graders:$220.00 per hour Truck w/Plows (16,000-20,000) No Bid Truck w/Plows (20,000-35,000) No Bid Pick-up w Plow (1 ton) No Bid cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Shannon Callahan, Street Supt. Stacy Nonhof, Purchasing Agent Jaye Monter, Finance Director P1770 Grand Island Council Session - 10/14/2014 Page 112 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-314 WHEREAS, the City Of Grand Island invited sealed bids for Snow Removal Services 2014-2015, according to specifications on file in the office of the Public Works Department; and WHEREAS, on October 7, 2014, one bid was received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with terms of the advertisement of the specifications and all other statutory requirements contained therein, such bid being as follows: Cost Per Hour Dump Trucks for Hauling Snow $165.00 per hour Front End Loaders $200.00 per hour Motor Graders $220.00 per hour Truck w/ Plow (16,000-20,000 GVW) $ NO BID Truck w/ Plow (20,000-35,000 GVW)$ NO BID Pick-up w/ Plow (1 Ton or larger)$ NO BID NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska for snow removal services in the amounts identified above is hereby approved as the responsible bid submitted. BE IT FURTHER RESOLVED, that a contract between the City and such contractor for such snow removal services be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 14, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 113 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-9 #2014-315 - Approving Bid Award for (1) New Compact Excavator and (1) New Skid-Steer Loader Staff Contact: Todd McCoy Grand Island Council Session - 10/14/2014 Page 114 / 180 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:October 14, 2014 Subject:Bid Award for (1) New Compact Excavator and (1) New Skid-Steer Loader for use within the Cemetery Division Item #’s:G-9 Presenter(s):Todd McCoy, Parks and Recreation Director Background On October 2, 2014 the Parks and Recreation Department received bids for the purchase of one (1) new compact excavator and one (1) new skid-steer loader for use within the Cemetery Division. The replacement items are necessary as the current equipment is becoming less dependable. The new equipment will provide additional years of service and meets the requirements of the Cemetery operation. Discussion Bids were received from five (5) companies. Compact Excavator Skid-Steer Loader NMC, Inc. Doniphan, Nebraska $46,692.00 CAT 303.5E CR $36,621.00 CAT242D Titan Machinery New Holland Grand Island, Nebraska $59,575.00 New Holland E35B $35,150.00 New Holland L220 Titan Machinery Lincoln, Nebraska $60,300.00 Case CX55B $38,400 Case SR210 Central Nebraska Bobcat Grand Island, Nebraska $41,668.32 Bobcat E35 $30,882.17 Bobcat S570 Ditch Witch Grand Island, Nebraska $56,551.00 Yanmar V10 45-6A $43,934.00 Yanmar S190 R1 Grand Island Council Session - 10/14/2014 Page 115 / 180 Compact Excavator Used primarily for digging graves and repairs of underground irrigation lines as needed. The $41,668.32 Bobcat E55 unit from Central Nebraska Bobcat is recommended for purchase. Skid-Steer Loader This unit is primarily used loading dirt and snow removal. The $30,882.17 Bobcat S570 unit from Central Nebraska Bobcat is recommended for purchase. Funds are budgeted this year for this purchase in capital account 10044405-85615. Grand Island Council Session - 10/14/2014 Page 116 / 180 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council approve the purchase of the Bobcat E55 Compact Excavator and the Bobcat S570 Skid-Steer Loader. Sample Motion Move to approve the purchase of the Bobcat E55 Compact Excavator and the Bobcat S570 Skid-Steer Loader from Central Nebraska Bobcat of Grand Island, Nebraska. The total purchase price for equipment is $72,550.49. Grand Island Council Session - 10/14/2014 Page 117 / 180 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 2, 2014 at 2:00 p.m. FOR:(1) New Compact Excavator & (1) New Skid-Steer Loader DEPARTMENT:Parks & Recreation ESTIMATE:$42,000.00 - Excavator $31,000.00 - Skid-Steer Loader FUND/ACCOUNT:10044405-85615 PUBLICATION DATE:September 16, 2014 NO. POTENTIAL BIDDERS:5 SUMMARY Bidder:NMC, Inc.Titan Machinery New Holland Doniphan, NE Grand Island, NE Exceptions:Noted Noted Bid Price: Compactor:$46,692.00 $59,675.00 Make & Model:CAT 303.5E CR New Holland E35B Skid-Steer Loader:$36,621.00 $35,150.00 Make & Model:CAT 242D New Holland L220 Option: Angle Broom Attachment:$ 5,540.00 $ 4,995.00 Make & Model:Virnig VAB72 Land Pride AB72 Total Price:$88,853.00 $99,820.00 Grand Island Council Session - 10/14/2014 Page 118 / 180 Bidder:Titan Machinery Central Nebraska Bobcat Lincoln, NE Grand Island, NE Exceptions:Noted Noted Bid Price: Compactor:$60,300.00 $41,668.32 Make & Model:Case CX55B Bobcat E35 Skid-Steer Loader:$38,400.00 $30,882.17 Make & Model:Case SR210 Bobcat S570 Option: Angle Broom Attachment: No Bid $ 4,009.04 Make & Model:Bobcat 68” AB Total Price:$98,700.00 $76,559.53 Bidder:Ditch Witch Grand Island, NE Exceptions:Noted Bid Price: Compactor:$56,551.00 Make & Model:Yanmar V10 45-6A Skid-Steer Loader:$43,934.00 Make & Model:Yanmar S190 R1 Option: Angle Broom Attachment:$ 4,125.00 Make & Model:Erskine Total Price:$104,610.00 cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Secretary Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent Mark Sands, Cemetery Superintendent P1768 Grand Island Council Session - 10/14/2014 Page 119 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-315 WHEREAS, the City of Grand Island invited sealed bids for one (1) new Compact Excavator and one (1) new Skid-Steer Loader, according to plans and specifications on file with the Parks and Recreation Department, Cemetery Division; and WHEREAS, on October 2, 2014, five (5) bids were received, opened and reviewed; and WHEREAS, Central Nebraska Bobcat from Grand Island, Nebraska submitted a bid for one (1) new Compact Excavator and one (1) new Skid-Steer Loader 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 $72,550.49. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Central Nebraska Bobcat from Grand Island, Nebraska, in the amount of $72,550.49 for one (1) new Compact Excavator and one (1) new Skid-Steer Loader is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 14, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 120 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-10 #2014-316 - Approving Contract Modification for Engineering Consulting Services related to Heartland Public Shooting Park Paving Improvements Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 10/14/2014 Page 121 / 180 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:October 14, 2014 Subject:Approving Contract Modification for Engineering Consulting Services Related to Heartland Public Shooting Park Paving Improvements Item #’s:G-10 Presenter(s):Todd McCoy, Parks and Recreation Director Background The Heartland Public Shooting Park (HPSP) entry road was constructed in the early 1940s as part of the network of roads development of the Cornhusker Army Ammunition Plant. The seventy year old road is in disrepair and has been identified by the Parks and Recreation Department as a priority for update. On January 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for HPSP Paving Improvements. On March 25, 2014 through Resolution 2014-62, City Council approved an agreement with Speece Lewis Engineers, Inc. in the amount of $10,200 to develop pavement solutions to improve the decaying entry road at HPSP. Grand Island Council Session - 10/14/2014 Page 122 / 180 Discussion Speece Lewis evaluated the road, offered solution options, and construction estimates. It is recommended to grind the existing asphalt into a base material and overlay 4 inches of asphalt over the top of the old entry road using Nebraska Department of Road standards. To formally bid the construction of this project, staff is recommending that the agreement with Speece Lewis be amended to provide construction plans, material quantities and bid specifications. Speece Lewis agrees to provide the additional services for an additional $4,306.90. City Council approved $375,000 for this project in the 2014-15 Capital Improvement Budget. 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 - 10/14/2014 Page 123 / 180 Recommendation City Administration recommends that the Council approve the contract modification to Speece Lewis Engineers, Inc. of Lincoln, Nebraska. Doing so will increase the total amount of the agreement with Speece Lewis to $14,506.90. Sample Motion Move to approve the amended agreement with Speece Lewis Engineers, Inc. of Lincoln, Nebraska. Grand Island Council Session - 10/14/2014 Page 124 / 180 Grand Island Council Session - 10/14/2014 Page 125 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-316 WHEREAS, on March 25, 2014 by Resolution 2014-62, the City Council of the City of Grand Island approved an agreement with Speece Lewis Engineers, Inc. from Lincoln, Nebraska, in the amount of $10,200.00, for Engineering Consulting Services related to Heartland Public Shooting Park Paving Improvements; and WHEREAS, staff is recommending that the agreement be amended to provide construction plans, material quantities and bid specifications; and WHEREAS, such modifications have been incorporated into the Contract Modification; and WHEREAS, the result of such modifications will increase the agreement by $4,306.90 for a revised agreement amount of $14,506.90. 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 the Contract Modification between the City of Grand Island and Speece Lewis Engineers, Inc. from Lincoln, Nebraska to provide the modifications set out as follows: Add - Provide construction plans, material quantities and bid specifications $4,306.90 TOTAL:$4,306.90 - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 14, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 126 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-11 #2014-317 - Approving Agreement with the Grand Island Tennis Association to Lease Racquet Center Property Staff Contact: Todd McCoy Grand Island Council Session - 10/14/2014 Page 127 / 180 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:October 14, 2014 Subject:Consideration to Approve New Racquet Center/Tennis Association Lease Agreement Item #’s:G-11 Presenter(s):Todd McCoy, Parks and Recreation Director Background In May of 2010 City Council approved a lease agreement with the Grand Island Tennis Association to operate the City owned Grand Island Racquet Center Property located at 2204 Bellwood Drive. For a fee of one dollar per month the Tennis Association agreed to operate and maintain the facility for tennis activities and make planned improvements to the property. Since 2010, the Tennis Association has maintained the Racquet Center property by paying for repairs, utilities costs, mowing, snow removal, etc. They made several improvements to the indoor courts, lights, front desk, and more. Discussion The Tennis Association has recently changed some of their goals for additional tennis facilities in Grand Island. Instead of building outdoor courts at the Racquet Center as originally planned in the lease agreement, the Tennis Association would like to provide financial support to the City to build a new outdoor tennis complex at Ryder Park for public use. The Parks and Recreation Department has budgeted $175,000 in support of the Ryder Park tennis court project in the 2014-15 City budget. With the before mentioned changes and the original agreement set to expire within a year, the Parks and Recreation Department is recommending a new five year lease agreement with the Tennis Association. Like the original agreement, the new lease requires facility upkeep and the management of tennis related activities at the Racquet Center property. Grand Island Council Session - 10/14/2014 Page 128 / 180 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 City Council approve the resolution authorizing the new lease agreement with the Grand Island Tennis Association to operate the City owned Grand Island Racquet Center Property located at 2204 Bellwood Drive for an additional five year period. Sample Motion Move to approve the resolution authorizing the new lease agreement with the Grand Island Tennis Association to operate the City owned Grand Island Racquet Center Property located at 2204 Bellwood Drive for an additional five year period. Grand Island Council Session - 10/14/2014 Page 129 / 180 LEASE AGREEMENT This Lease Agreement made between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter called the “Lessor” and the GRAND ISLAND TENNIS ASSOCIATION, hereinafter called the “Lessee”. WITNESSETH: I. That, in consideration of the covenants herein contained on the part of the Lessee to be observed and performed, the Lessor does hereby demise and lease unto the Lessee all that tract and parcel of land and improvements described as the Grand Island Racquet Center located at 2204 Bellwood Drive, Grand Island, Hall County, Nebraska. To have and to hold said premises unto Lessee for a term of five (5) years beginning September 10, 2014. It is expressly understood and agreed by and between the parties that either party shall have the absolute right to provide to the other party ninety (90) days written notice to terminate the lease without any cause, at any time during the five (5) year period. Lessee shall pay as rent therefore the sum of One Dollar ($1.00) per month due and payable beginning on the tenth day of September, 2014, and on the first day of each month thereafter. II. The Lessee, for themselves, does hereby covenant with the Lessor: a.That the Lessee will pay the said rent at the times and the manner aforesaid, except only in the case of fire or other unavoidable casualty as hereinafter provided. b.The Lessee will not allow for any liens or encumbrances to be placed upon the property or improvements of the Lessor. c.The Lessee shall provide a comprehensive general public liability insurance policy in the amount of at least One Hundred Thousand Dollars ($100,000.00) for one person or Three Hundred Thousand Dollars ($300,000.00) for any one accident involving injury to more than one person, and property damage of not less than Fifty Thousand Dollars ($50,000.00) for any one accident. The Lessee shall list the Lessor as an additional insured on its general public liability insurance policy. Grand Island Council Session - 10/14/2014 Page 130 / 180 d.The Lessee will promptly pay for all utility bills which may become payable during the continuance of this Lease Agreement for all utilities used on said premises. e.The Lessee will keep the building and premises, including the plumbing and heating and air conditioning in good repair, reasonable wear and tear and damage by fire or other unavoidable casualty only excepted. f.The Lessee will not injure, overload or deface or suffer to be injured, overload or deface the premises or any part thereof. g.The Lessee will not make or suffer any unlawful, improper, or offensive use of the premises, or any use or occupancy thereof contrary to any law of the State or any ordinance of the City now or hereafter made, or which shall be injurious to any person or property, or which shall be liable to endanger or effect any insurance on the said building or to be placed upon the building except such as Lessor shall in writing approve. i.The Lessee shall not assign, sublet or part with the possession of the whole or any part of the leased premises without first obtaining the written consent of the Lessor. j.The Lessor, at any reasonable time, may enter to view the premises and to make repairs which the Lessor may see fit to make, or show the premises to persons who may wish to lease or buy the premises as Lessor may see fit. k.That at the expiration of said term, the Lessee will peaceably yield up to the Lessor the premises and all improvements made upon the same, in good repair in all respects, reasonable use and wear and damage by fire or unavoidable casualties excepted, as the same now are and may be put in by the parties. l.No consent, express or implied by the Lessor to any breach of any of the Lessee’s covenants shall be deemed to be a waiver of any succeeding breach of the same or any other covenant. m.Lessee will provide a telephone line to the facility. If Lessee chooses to install an alarm system, Lessee will provide the alarm monitoring service. III. It is also agreed, that in case the leased premises or any part thereof shall at any time during the said term be destroyed or damaged by fire or other unavoidable casualty so as to be unfit for occupancy and use, and so that the premises cannot be rebuilt or restored by the Lessor within one hundred twenty (120) days thereafter, then and in that case this Lease Agreement shall end. 2 Grand Island Council Session - 10/14/2014 Page 131 / 180 IV. Lessee agrees that it will not discriminate against any employee or applicant for employment to be employed in the performance of this Lease Agreement, with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of his race, color, religion, national origin or ancestry. The Lessee further agrees to maintain a drug free environment at all times on the leased premises. Breach of this covenant may be regarded as a material breach of the Lease Agreement. V. Lessee agrees that tennis shall remain the main focus of the Racquet Center and to maintain an appropriate schedule of tournaments and leagues. Lessee agrees that it shall be responsible for all landscape maintenance, including all mowing; and, furthermore, including all snow removal. Any landscaping modifications may be performed by Lessee upon obtaining written consent from the Director of the Parks and Recreation Department. VI. The Lessee and Lessor agree to partner in the construction design and cost of up to six new tennis courts at Ryder Park which is the subject of a separate agreement. The parties agree to adhere to the terms of that agreement and any material breach of its terms shall serve as grounds for the termination of this lease. VII. Upon the expiration of the five (5) year term of the lease, the parties agree that the parties shall have the option to renew the lease for an additional five (5) year term. All notices of default, termination, and insurance coverages outlined in any other portion of this lease shall be binding for any of the extensions. VIII. Lessee agrees to indemnify the Lessor for any claim made by the Lessee’s employees or by any other persons, for personal injury or property damage arising out of the Lessee’s use of equipment on the premises or equipment brought onto the premises after the commencement of this Lease Agreement, which Lessee agrees to accept at all times during the term of this Agreement as is, where is, and the Lessor has no responsibility for its condition or state of repair. Lessee agrees not to remove from the Lessor’s premises any equipment or property located on the leased premises at the commencement of this Lease, except as authorized in writing by the Lessor. IX. 3 Grand Island Council Session - 10/14/2014 Page 132 / 180 Before exercising any remedies for breach, default or failure to perform under this Lease Agreement, the defaulting party shall be given thirty (30) days written notice of such default or failure to perform. If the act is such that it cannot be cured within a thirty (30) day period, this period may be extended upon written agreement of the parties, providing that the defaulting party commences to cure such default within said 30 day period and proceeds diligently thereafter to effect such cure. IIX. In the event either party institutes legal proceedings against the other for breach of this Lease Agreement, the party against whom a judgment is entered shall pay all reasonable costs and expenses relative thereto, including reasonable attorney fees. IN WITNESS WHEREOF, the parties hereby have executed this Lease Agreement. Attest:CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, Lessor ________________________________ By:___________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor Approved as to form by City Attorney ________ Approved by Resolution 2014-________ STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2014, by Jay Vavricek, Mayor on behalf of the City of Grand Island, Nebraska, a municipal corporation. __________________________________________________ Notary Public 4 Grand Island Council Session - 10/14/2014 Page 133 / 180 GRAND ISLAND TENNIS ASSOCIATION, Lessee By:_______________________________________ Todd Jacobson, President STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 2014, by Todd Jacobson, President of the Grand Island Tennis Association. __________________________________________________ Notary Public 5 Grand Island Council Session - 10/14/2014 Page 134 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-317 WHEREAS, in May of 2010 City Council approved a lease agreement with the Grand Island Tennis Association to operate the City owned Racquet Center Property; and WHEREAS, the Tennis Association has maintained the Racquet Center Property as per lease agreement; and WHEREAS, the City Parks & Recreation Department is recommending a new five year lease agreement with the Grand Island Tennis Association to manage the Racquet Center Property at 2204 Bellwood Drive; and WHEREAS, the Agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to sign on behalf of the City of Grand Island, the Agreement by and between the City and the Grand Island Tennis Association. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 14, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 135 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item G-12 #2014-318 – Approving Revisions to the City Personnel Rules Staff Contact: Robert Sivick Grand Island Council Session - 10/14/2014 Page 136 / 180 Council Agenda Memo From:Robert Sivick, City Attorney Meeting:October 14, 2014 Subject:Consideration of Amending the City Personnel Rules Item #’s:G-12 Presenter(s):Robert Sivick, City Attorney Background The Personnel Rules provide the general rules with which employees are to conduct themselves as well as an outline of City benefits. It is updated from time to time as needed. The last Personnel Rules update was November 13, 2012. Discussion The changes that are being proposed for Council consideration are intended to provide consistency among the majority of the employee groups. The employees directly impacted by these changes are the non-union employees. The following changes are items that the Council has approved in several of the labor agreements that have been recently entered into. The three proposed changes to bring consistency are as follows: Add Martin Luther King Jr. Day to the list of holidays recognized by the City, reduce the number of personal days by one to accommodate the addition of the holiday and increase the bi-lingual pay that employees may be eligible to receive to $1,500 per year. The last change is merely a clarification that is the current practice in reference to vacation accruals. As stated earlier, the proposed changes have been presented to Council and approved in several of the recent labor agreements. This action will allow consistency for the non- union employees. If approved, these changes will go into effect on October 15, 2014. 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 - 10/14/2014 Page 137 / 180 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 recommended changes to the Personnel Rules Sample Motion Move to approve changes to the Personnel Rules as of October 15, 2014. Grand Island Council Session - 10/14/2014 Page 138 / 180 CHAPTER FOUR LEAVE POLICIES Sec. 4.02 PAID HOLIDAYS The City recognizes the following holidays as paid holidays and the dates that they will be observed on: New Year’s Day January 1 Martin Luther King, Jr. Day Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Day Christmas Day December 25 When a holiday falls on a Saturday, it will be observed on the preceding Friday. When a holiday falls on a Sunday, it will be observed on the following Monday. The Mayor may designate such special holidays as circumstances merit. Non-exempt regular full-time and part-time employees who are required to work on a holiday will be granted overtime pay for the time period worked. Regular part-time employees, who work an average of at least 30 hours per week, will be eligible for paid holidays on a prorated basis. Temporary/Seasonal employees are not eligible for paid holidays, and if required to work on a holiday will be paid for the time worked at their normal rate of pay. If a holiday occurs while an employee is on Worker’s Compensation or other disability compensation, no credit for the holiday will be allowed. In order to receive pay for an observed holiday, an employee must not have been absent without pay on the workday immediately preceding or immediately following the holiday unless excused by his/her supervisor. Grand Island Council Session - 10/14/2014 Page 139 / 180 Employees in classifications that do not provide for overtime pay (exempt) shall receive annually a paid holiday to be known as a Convenience Day. The employee’s supervisor must approve the date selected. Sec. 4.03 VACATION LEAVE Vacation leave must be used in not less than one-half hour increments. All regular status full-time employees are eligible to take vacation leave as it is earned and will accrue vacation leave in bi-weekly increments in the following manner: Years 1 through 4 10 working days Years 5 through 6 15 working days Years 7 through 8 16 working days Years 9 through 10 17 working days Years 11 through 12 18 working days Year 13 19 working days Years 14 through 19 20 working days Years 20 through 24 21 working days Year 25 and beyond 22 working days Regular part-time status employees will accrue vacation at a prorated amount based on the average hours worked. Employees who are promoted to full time from another status will accrue vacation based upon the full time status date. Temporary/seasonal employees are not eligible for paid vacations. Directors will make every effort to grant requested vacation time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. Seniority will be considered when scheduling vacations within the department. Grand Island Council Session - 10/14/2014 Page 140 / 180 Each employee will take a period of vacation that allows him or her to be away from the workplace for a minimum of five consecutive work days which may include the use of personal leave. Holidays, which occur during an employee’s vacation, do not count as vacation time. Sec. 4.11 PERSONAL LEAVE Personal leave must be used in not less than one-hour increments. The City provides two non-cumulative personal leave days each calendar year to all full-time regular status employees that will be granted at the beginning of the calendar year and must be used by December 15th. . Personal leave days are provided to employees to use in lieu of medical days for routine medical visits and to allow employees to take care of other personal business. One personal leave day must be taken by June 15th and one personal leave day must be taken by December 15th. Prior approval of the Department Director is required for the days that are requested off. In addition to two personal leave days, the City will provide one annual personal leave day that will be granted at the beginning of the calendar year and must be used by December 15th. Annual personal leave may not be taken in less than one hour increments. CHAPTER 5 BENEFITS Sec. 5.07 BILINGUAL PAY Employees who are proficient in an approved second language will be paid $1,500 per calendar year, payable in the second check in November. In order for an employee to collect bilingual pay, the employee must be actively employed in November. The Department Director will determine whether bilingual skills are needed based upon the interaction of the department with the public. If bilingual skills are needed, the Department Director will determine which languages are “approved” based upon the needs of the department as they relate to the demographics of Grand Island. A test will be given by the Human Resources Department to test the proficiency of the employees in each approved language before an employee is eligible for bilingual pay. The bilingual test will measure, among other things, an employee’s conversational ability. Bilingual pay will be prorated based on the employee’s average hours worked. An employee that is hired as an interpreter will not be eligible for bilingual pay. Grand Island Council Session - 10/14/2014 Page 141 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-318 WHEREAS, the Grand Island City Council has decided to amend certain sections of Chapters Four and Five of the City of Grand Island Personnel Rules and Regulations, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that City of Grand Island Personnel Rules and Regulations be amended to read as follows: Sec. 4.02 PAID HOLIDAYS The City recognizes the following holidays as paid holidays and the dates that they will be observed on: New Year’s Day January 1 Martin Luther King, Jr. Day Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Day Christmas Day December 25 When a holiday falls on a Saturday, it will be observed on the preceding Friday. When a holiday falls on a Sunday, it will be observed on the following Monday. The Mayor may designate such special holidays as circumstances merit. Non-exempt regular full-time and part-time employees who are required to work on a holiday will be granted overtime pay for the time period worked. Regular part-time employees, who work an average of at least 30 hours per week, will be eligible for paid holidays on a prorated basis. Temporary/Seasonal employees are not eligible for paid holidays, and if required to work on a holiday will be paid for the time worked at their normal rate of pay. If a holiday occurs while an employee is on Worker’s Compensation or other disability compensation, no credit for the holiday will be allowed. In order to receive pay for an observed holiday, an employee must not have been absent without pay on the workday immediately preceding or immediately following the holiday unless excused by his/her supervisor. Employees in classifications that do not provide for overtime pay (exempt) shall receive annually a paid holiday to be known as a Convenience Day. The employee’s supervisor must approve the date selected. Sec. 4.03 VACATION LEAVE Vacation leave must be used in not less than one-half hour increments. All regular status full-time employees are eligible to take vacation leave as it is earned and will accrue vacation leave in bi-weekly increments in the following manner: Grand Island Council Session - 10/14/2014 Page 142 / 180 - 2 - Years 1 through 4 10 working days Years 5 through 6 15 working days Years 7 through 8 16 working days Years 9 through 10 17 working days Years 11 through 12 18 working days Year 13 19 working days Years 14 through 19 20 working days Years 20 through 24 21 working days Year 25 and beyond 22 working days Regular part-time status employees will accrue vacation at a prorated amount based on the average hours worked. Employees who are promoted to full time from another status will accrue vacation based upon the full time status date. Temporary/seasonal employees are not eligible for paid vacations. Directors will make every effort to grant requested vacation time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. Seniority will be considered when scheduling vacations within the department. Each employee will take a period of vacation that allows him or her to be away from the workplace for a minimum of five consecutive work days which may include the use of personal leave. Holidays, which occur during an employee’s vacation, do not count as vacation time. Sec. 4.11 PERSONAL LEAVE Personal leave must be used in not less than one-hour increments. The City provides two non-cumulative personal leave days each calendar year to all full-time regular status employees that will be granted at the beginning of the calendar year and must be used by December 15th. . Personal leave days are provided to employees to use in lieu of medical days for routine medical visits and to allow employees to take care of other personal business. One personal leave day must be taken by June 15th and one personal leave day must be taken by December 15th. Prior approval of the Department Director is required for the days that are requested off. In addition to two personal leave days, the City will provide one annual personal leave day that will be granted at the beginning of the calendar year and must be used by December 15th. Annual personal leave may not be taken in less than one hour increments. CHAPTER 5 BENEFITS Sec. 5.07 BILINGUAL PAY Employees who are proficient in an approved second language will be paid $1,500 per calendar year, payable in the second check in November. In order for an employee to collect bilingual pay, the employee must be actively employed in November. The Department Director will determine whether bilingual skills are needed based upon the interaction of the department with the public. If bilingual skills are needed, the Department Director will determine which Grand Island Council Session - 10/14/2014 Page 143 / 180 - 3 - languages are “approved” based upon the needs of the department as they relate to the demographics of Grand Island. A test will be given by the Human Resources Department to test the proficiency of the employees in each approved language before an employee is eligible for bilingual pay. The bilingual test will measure, among other things, an employee’s conversational ability. Bilingual pay will be prorated based on the employee’s average hours worked. An employee that is hired as an interpreter will not be eligible for bilingual pay. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 14, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 144 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item H-1 Consideration of Request from Grand Island Public Schools for a Conditional Use Permit for Off Street Parking located at 1621 West Stolley Park Road and 2019 William Street This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Craig Lewis Grand Island Council Session - 10/14/2014 Page 145 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item I-1 #2014-319 - Consideration of Approving a New Lease Agreement with the Grand Generation Center Staff Contact: Robert Sivick Grand Island Council Session - 10/14/2014 Page 146 / 180 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:October 14, 2014 Subject:Consideration of a Lease with Senior Citizens Industries, Inc. for the Grand Generation Center Building Item #’s:I-1 Presenter(s): Robert J. Sivick, City Attorney Background Since the 1970s the building located at 304 East Third Street in Grand Island has been used to provide a variety of services to the area’s senior citizens. Presently it is owned by the City of Grand Island. Senior Citizens Industries, Inc. occupies the building and uses it to provides services to seniors within the structure and throughout the community. The condition of the building and the present lease agreement have been a matter of public discussion for the last two years. The building had deteriorated to an alarming state and the lease in force did not reflect the reality of the situation. Over the last few months the City Legal Department has met with representatives of Senior Citizens Industries, Inc. for the purpose of negotiating a lease agreement which would better reflect the reality of the building, the building’s management, and the needs and concerns of both parties. The document before you for consideration this evening is the culmination of those efforts. Discussion In general terms the lease is on a year to year basis with each party being permitted to terminate the lease within sixty days of the end of the lease period or for a material breach at any time. It mandates the City is responsible for the maintenance of the building’s exterior, parking lot, and HVAC, plumbing, and electrical systems. Senior Citizens Industries, Inc. is responsible for the regular day to day maintenance of the building. With regard to appropriations for the City’s responsibility to conduct necessary repairs and maintenance, that amount is capped at One Hundred Thousand Dollars annually. Grand Island Council Session - 10/14/2014 Page 147 / 180 Anything above that amount would require specific Council consideration and action. In addition, the City will maintain exclusive control over all aspects of procurement, performance, or contracting regarding those repairs and maintenance. 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 The City Administration recommends the Council approve Resolution 2014-319 which authorizes the Mayor to sign on behalf of the City the lease with Senior Citizens Industries, Inc. for the Grand Generation Center building. Sample Motion Move to approve Resolution 2014-319 which authorizes the Mayor to sign on behalf of the City the lease with Senior Citizens Industries, Inc. for the Grand Generation Center building. Grand Island Council Session - 10/14/2014 Page 148 / 180 LEASE AGREEMENT This Agreement made by the City of Grand Island, Nebraska (City), and Senior Citizens Industries, Inc. (SCI) does hereby set forth the terms and conditions of a lease between the parties as follows: I. A. The City owns the real property commonly known as 304 East Third Street, Grand Island, Hall County, Nebraska including all buildings, improvements, and the parking area located there (real property). Legal description: All of Lots, 1,2,3,6,7,& 8, the east 30’ of lots 4 & 5, Block 52,Original Town. B. The City agrees to lease the real property to SCI on a year to year basis with the lease term running concurrently with the City’s fiscal year (October 1 to September 30). This lease shall commence on October 1, 2014 and the annual rental payment shall be One Dollar ($1.00). This lease shall remain in effect until altered as agreed to by the parties in writing or termination of the lease pursuant to the procedures stated in paragraph IV of this Agreement II. A. The City agrees to maintain the following features of the real property: 1. Building Exterior including Roof; 2. Parking Lot; 3. HVAC System; 4. Electrical System; 5. Plumbing; including the annual testing of backflow prevention devices. 6. Fire Sprinkler System; including annual testing. B. The City agrees the real property shall meet all current applicable code requirements, including but not limited to fire/life safety codes and the American with Disabilities Act. Grand Island Council Session - 10/14/2014 Page 149 / 180 2 C. The City agrees to expend up to One Hundred Thousand Dollars ($100,000.00) per lease term to meet its obligations listed in this paragraph. SCI shall inform the City of any necessary repairs but the City shall have exclusive control over all aspects of building improvements and/or maintenance and the expenditure of funds to do so. III. SCI agrees it is responsible for the real property to include but not limited to the following items: A. Day to day maintenance of the real property including Cleaning and trash removal; B. Lawn maintenance and removal of snow and ice; C. Unclogging toilets and sinks; D. Replacing light bulbs; E. Replacing HVAC filters; F. Cleaning grease traps; G. Cleaning gutters; H. Paying the pro rata share of the City’s General Liability Insurance Policy covering buildings as determined by the City; I Utilities; monthly service fees; J. Kitchen Hood Systems; annual test; and K. Allowing City officials to inspect the real property at least twice during the lease period with reasonable advanced notice. IV. A. Either party may terminate this lease for cause for material breach of this Agreement. This Agreement shall not be terminated until the breaching party is provided written notice by the other party specifying why a breach has occurred, an opportunity is provided to cure the breach in no less than thirty (30) days, and the breaching party has not cured the breach upon the expiration of the stated period in the written notice. B. Either party may terminate this lease without cause at the termination of the lease period by providing the other party written notice of its intent to do so no less than sixty (60) days prior to the expiration of the lease period. V. Grand Island Council Session - 10/14/2014 Page 150 / 180 3 The parties agree that if any provision of this Agreement is declared void or illegal by a Court of law, all other unaffected provisions shall remain in full force and effect. VI. The parties agree this document constitutes the entirety of the terms and conditions of this Agreement. This Agreement shall not be altered or modified in any way unless agreed to by all parties thereto, memorialized in writing, and executed by the parties. Witness Our Hands: THE CITY OF GRAND ISLAND ____________________ By ________________________________ Date Jay Vavricek, Mayor SENIOR CITIZENS INDUSTRIES, INC. ____________________ By ________________________________ Date Grand Island Council Session - 10/14/2014 Page 151 / 180 Approved as to Form ¤ ___________ October 10, 2014 ¤ City Attorney R E S O L U T I O N 2014-319 WHEREAS, the building located at 304 East Third Street is owned by the City of Grand Island and presently leased to Senior Citizens Industries, Inc. for the purpose of providing a variety of services to the area’s senior citizens; and WHEREAS, a new lease agreement was necessary to better reflect the reality of the situation and the responsibilities and needs of both the City and Senior Citizens Industries, Inc.; and WHEREAS, the City Legal Department has negotiated a lease that has been approved by Senior Citizens Industries, Inc. and that lease is also in the best interests of the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is authorized to sign on behalf of the City the lease agreement with Senior Citizens Industries, Inc. for the Grand Generation Center building located at 304 East Third Street. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 14, 2014. _______________________________________ Jay Vavricek, Mayor ATTEST: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 152 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item I-2 #2014-307 - Consideration of Council President Haase’s Request the Council Override the Mayor’s Veto for 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: Grand Island Council Session - 10/14/2014 Page 153 / 180 Grand Island Council Session - 10/14/2014 Page 154 / 180 Approved as to Form ¤ ___________ Approved as to Form ¤ ___________ October 10, 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 - 10/14/2014 Page 155 / 180 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 - 10/14/2014 Page 156 / 180 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 - 10/14/2014 Page 157 / 180 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 - 10/14/2014 Page 158 / 180 - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 14, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 159 / 180 Grand Island Council Session - 10/14/2014 Page 160 / 180 Grand Island Council Session - 10/14/2014 Page 161 / 180 Platte Valley Industrial Park East (PVIP-E) Development Understanding Chronology of Events 9/9/2008: City Council approves application on behalf of GIAEDC for Phase 1, CDBG $75K planning study to study Cornhusker Army Ammunition Park (CAAP) for economic site development. $75K dollar for dollar match from GIAEDC. 11/4/2008: City of Grand Island was awarded Phase 1, CDBG $75K grant. 1/13/2009: City Council approves “Planning Services Agreement” outlining GIAEDC/City responsibilities of Phase 1, CDBG $75K grant. o City provides Certified Grant Administration and distribution of grant funds. o GIAEDC provides scope of work performance and agrees to hold City harmless and reimburse City for any sums City is obligated to return to NEDED out of failure of GIAEDC to perform the conditions of the contract or failure of the project to meet the CDBG required national objective whether or not the failure to meet the national objective was caused by the act or omission of GIAEDC 5/10/2010: NEDED informs GIAEDC study results indicate CAAP is not elegible for Phase 2, $925K grant but will accept a proposal for PVIP-E as the alternative site for Phase 2 grant. The study contributed to the later decision by the GIAEDC to divest of the majority of its holdings at the CAAP. 7/20/2010: Citizens Advisory Review Committee approves GIAEDC application for $575K LB-840 Funding to be used as part of match for intent to apply for Phase 2 CDBG $925K grant. 7/27/2010: City Council approves $575K, LB-840 Funding with understanding Phase 2 CDBG $925K will be applied for at NEDED and “Planning Services Agreement” outlining GIAEDC/City responsibilities for phase 2, CDBG $925K will come forward to City Council. The “Planning Services Agreement” was never brought forward to City Council. Grand Island Council Session - 10/14/2014 Page 162 / 180 Platte Valley Industrial Park East (PVIP-E) Development Understanding Chronology of Events 10/26/2010: City Council approves application for Phase 2, CDBG, $925K infrastructure economic development grant on behalf of GIAEDC for PVIP-E. 11/23/2010: City Council approved formation of a tap district for both the water and sewer infrastructure at the PVIP-E. This was manner in which the City would be reimbursed for the $600k it spent out of the Utility Enterprise Funds to put the infrastructure in place. 3/25/2011: City receives grant contract awarded from NEDED $925K grant. 5/12/2014: Meeting at the request of NEDED regarding progress toward meeting $925K grant requirements. Attendees included the City and GIAEDC. 6/17/2014: Council study session update in preparation for negotiation of a “Planning Services Agreement” 8/14/2014: Citizens Review Committee was updated on the status of the $925 grant. 8/21/2014: City Council determined a “Planning Services Agreement” was not necessary 9/23/2014: Board of Equalization sat and set assessments. 10/1/2014: Mayoral veto occurred. Grand Island Council Session - 10/14/2014 Page 163 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item I-3 #2014-308 - Consideration of Council President Haase’s Request the Council Override the Mayor’s Veto for 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: Grand Island Council Session - 10/14/2014 Page 164 / 180 Grand Island Council Session - 10/14/2014 Page 165 / 180 Approved as to Form ¤ ___________ October 10, 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 - 10/14/2014 Page 166 / 180 - 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 - 10/14/2014 Page 167 / 180 Grand Island Council Session - 10/14/2014 Page 168 / 180 Grand IslandCouncil Session - 10/14/2014Page 169 / 180 Grand Island Council Session - 10/14/2014 Page 170 / 180 Platte Valley Industrial Park East (PVIP-E) Development Understanding Chronology of Events 9/9/2008: City Council approves application on behalf of GIAEDC for Phase 1, CDBG $75K planning study to study Cornhusker Army Ammunition Park (CAAP) for economic site development. $75K dollar for dollar match from GIAEDC. 11/4/2008: City of Grand Island was awarded Phase 1, CDBG $75K grant. 1/13/2009: City Council approves “Planning Services Agreement” outlining GIAEDC/City responsibilities of Phase 1, CDBG $75K grant. o City provides Certified Grant Administration and distribution of grant funds. o GIAEDC provides scope of work performance and agrees to hold City harmless and reimburse City for any sums City is obligated to return to NEDED out of failure of GIAEDC to perform the conditions of the contract or failure of the project to meet the CDBG required national objective whether or not the failure to meet the national objective was caused by the act or omission of GIAEDC 5/10/2010: NEDED informs GIAEDC study results indicate CAAP is not elegible for Phase 2, $925K grant but will accept a proposal for PVIP-E as the alternative site for Phase 2 grant. The study contributed to the later decision by the GIAEDC to divest of the majority of its holdings at the CAAP. 7/20/2010: Citizens Advisory Review Committee approves GIAEDC application for $575K LB-840 Funding to be used as part of match for intent to apply for Phase 2 CDBG $925K grant. 7/27/2010: City Council approves $575K, LB-840 Funding with understanding Phase 2 CDBG $925K will be applied for at NEDED and “Planning Services Agreement” outlining GIAEDC/City responsibilities for phase 2, CDBG $925K will come forward to City Council. The “Planning Services Agreement” was never brought forward to City Council. Grand Island Council Session - 10/14/2014 Page 171 / 180 Platte Valley Industrial Park East (PVIP-E) Development Understanding Chronology of Events 10/26/2010: City Council approves application for Phase 2, CDBG, $925K infrastructure economic development grant on behalf of GIAEDC for PVIP-E. 11/23/2010: City Council approved formation of a tap district for both the water and sewer infrastructure at the PVIP-E. This was manner in which the City would be reimbursed for the $600k it spent out of the Utility Enterprise Funds to put the infrastructure in place. 3/25/2011: City receives grant contract awarded from NEDED $925K grant. 5/12/2014: Meeting at the request of NEDED regarding progress toward meeting $925K grant requirements. Attendees included the City and GIAEDC. 6/17/2014: Council study session update in preparation for negotiation of a “Planning Services Agreement” 8/14/2014: Citizens Review Committee was updated on the status of the $925 grant. 8/21/2014: City Council determined a “Planning Services Agreement” was not necessary 9/23/2014: Board of Equalization sat and set assessments. 10/1/2014: Mayoral veto occurred. Grand Island Council Session - 10/14/2014 Page 172 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item I-4 #2014-309 - Consideration of Approving Agreement with the Clean Community Systems Staff Contact: Robert Sivick Grand Island Council Session - 10/14/2014 Page 173 / 180 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:October 14, 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 - 10/14/2014 Page 174 / 180 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 2014-309 authorizing the City of Grand Island to enter into the Agreement with Grand Island Area Clean Community System. Sample Motion Move to approve Resolution 2014-309. Grand Island Council Session - 10/14/2014 Page 175 / 180 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 - 10/14/2014 Page 176 / 180 - 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 - 10/14/2014 Page 177 / 180 - 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 - 10/14/2014 Page 178 / 180 Approved as to Form¤ ___________ October 10, 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, October 14, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ Nicki Stoltenberg, Assistant to the City Administrator Grand Island Council Session - 10/14/2014 Page 179 / 180 City of Grand Island Tuesday, October 14, 2014 Council Session Item J-1 Approving Payment of Claims for the Period of September 24, 2014 through October 14, 2014 The Claims for the period of September 24, 2014 through October 14, 2014 for a total amount of $5,881,539.17. A MOTION is in order. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 10/14/2014 Page 180 / 180