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11-12-2014 City Council Regular Meeting Packet City of Grand Island Wednesday, November 12, 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 - 11/12/2014 Page 1 / 76 City of Grand Island Wednesday, November 12, 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 Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue 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 - 11/12/2014 Page 2 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item C-1 Proclamation “Homeless Hunger and Awareness Week” November 16-22, 2014 November 16-22, 2014 is “National Homeless and Hunger Awareness Week”. There are many individuals in the greater Nebraska area who are homeless and hungry. The average age of the homeless individual in the Grand Island area is 22 and the average age of a homeless child is 5. The Mayor has proclaimed the week of November 16, 2014 as "Homeless and Hunger Awareness Week". See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 11/12/2014 Page 3 / 76 Grand Island Council Session - 11/12/2014 Page 4 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item G-1 Approving Minutes of October 28, 2014 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 11/12/2014 Page 5 / 76 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 28, 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 October 28, 2014. Notice of the meeting was given in The Grand Island Independent on October 22, 2014. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: 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, Assistant City Attorney Stacy Nonhof, and City Engineer and Public Works Director John Collins. INVOCATION was given by Pastor Bill Rowland, Beacon of Hope Church, 2525 West State Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Mitzy Matul-Diaz. PRESENTATIONS AND PROCLAMATIONS: Proclamation “National Adoption Month” November, 2014. Mayor Vavricek proclaimed the month of November, 2014 as “National Adoption Month”. Child and Family Services Administrator Casey Smith was present to receive the proclamation. SPECIAL ITEMS: Approving Appointment of Yolanda Chavez Nuncio to City Council Ward 1. Mayor Vavricek submitted the appointment of Yolanda Chavez Nuncio to City Council Ward I to replace Kent Mann. Lisa Avila O’Connor, 325 Ponderosa Drive spoke in support. Comments were made by Council concerning the process, timing, and phone calls received opposing this appointment. Ms. Nuncio spoke about diversity being an issue in our community. Motion by Nickerson, second by Minton to approve the appointment. Upon roll call vote, Councilmember Nickerson voted aye. Councilmembers Minton, Paulick, Stelk, Gericke, Gilbert, and Donaldson voted no. Councilmember Haase abstained. Motion failed. PUBLIC HEARINGS: Public Hearing on Request from Arts and Drafts LLC dba Arts and Drafts, 214 & 216 North Locust Street for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an Grand Island Council Session - 11/12/2014 Page 6 / 76 Page 2, City Council Regular Meeting, October 28, 2014 application for a Class “I” Liquor License had been received from Arts and Drafts LLC dba Arts and Drafts, 214 & 216 North Locust Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on October 6, 2014; notice to the general public of date, time, and place of hearing published on October 18, 2014; notice to the applicant of date, time, and place of hearing mailed on October 6, 2014; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections and completion of a state approved alcohol server/seller training program. No public testimony was heard. Public Hearing on Request from Third City Christian Church for a Conditional Use Permit for a Temporary Parking Lot Extension located at 4100 West 13th Street. Building Department Director Craig Lewis reported that a request had been received from Third City Christian Church to allow for the renewal of a parking lot located at 4100 West 13th Street. Staff recommended approval with the condition that 1) a landscape buffer included within the required 25’ front yard setback along the south boundary adjacent to 13th Street needed to be provided to comply with setback requirements of the City Code, and 2) the responsibility of controlling any dust created from the lots needed to be addressed by the applicant during any dry months throughout the duration of the use. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 924 Claude Road (Buehler Properties, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 924 Claude Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place underground conduit, cable, and a pad-mounted transformer to provide new three phase service to a new building being constructed by Lift Solutions. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (John Menard). Public Works Director John Collins reported that acquisition of a public utility easement was needed for the North Interceptor Phase II, Part C project. The easement would allow for construction, operation, maintenance, extension, repair, replacement and removal of public utilities within the easement. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement in Rainbow Lake Sixth Subdivision (SSB Development, LLC). Public Works Director John Collins reported that acquisition of a public utility easement was needed for Rainbow Lake Sixth Subdivision. The easement would allow for placement and maintenance of utilities within the Subdivision to allow for further housing development. Staff recommended approval. No public testimony was heard. Public Hearing on Amendment to the Redevelopment Plan for CRA Area 9 located at 2228 N. Webb Road known as Northwest Commons or the former “Grand Island Mall”. Regional Planning Director Chad Nabity reported that the developer for Northwest Commons intended to use Tax Increment Financing (TIF) and an occupation tax in an Enhanced Employment Area (EEA) to aid in renovation of the existing retail space located at 2228 N. Webb Road. Council was asked to consider the plan amendment, contract for TIF and EEA bonds and the passage of Grand Island Council Session - 11/12/2014 Page 7 / 76 Page 3, City Council Regular Meeting, October 28, 2014 an occupation tax on the area as a source of funding for the EEA bonds. 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: #9507 - Consideration of Vacation of a Utility Easement Located in Copper Creek Estates Fifth Subdivision (The Guarantee Group, LLC) #9508 – Consideration of Amending Chapter 15 of the Grand Island City Code Regarding the 2014 National Electric Codes #9509 – Consideration of Approving the Enhanced Employment Area Occupation Tax be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all aye. Motion adopted. #9507 - Consideration of Vacation of a Utility Easement Located in Copper Creek Estates Fifth Subdivision (The Guarantee Group, LLC) Public Works Director John Collins reported that the developer/property owner of Copper Creek Estates Fifth Subdivision requested the vacation of a utility easement to support the development of Lots 6 and 7. The easement was not necessary to accommodate existing or proposed utilities. Staff recommended approval. Motion by Gilbert, second by Gericke to approve Ordinance #9507. City Clerk: Ordinance #9507 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 #9507 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 #9507 is declared to be lawfully adopted upon publication as required by law. #9508 – Consideration of Amending Chapter 15 of the Grand Island City Code Regarding the 2014 National Electric Codes Building Department Director Craig Lewis reported that the 2014 National Electric Code (NEC) was the current edition of the national standard for the installation of electrical wiring systems. The proposed amendment to Chapter 15 of the Grand Island City Code would adopt the current edition of the National Electric Code. Grand Island Council Session - 11/12/2014 Page 8 / 76 Page 4, City Council Regular Meeting, October 28, 2014 Motion by Donaldson, second by Minton to approve Ordinance #9508. City Clerk: Ordinance #9508 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 #9508 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 #9508 is declared to be lawfully adopted upon publication as required by law. RESOLUTION: #2014-338 - Consideration of Amendment to the Redevelopment Plan for CRA Area 9 located at 2228 N. Webb Road known as Northwest Commons or the former “Grand Island Mall”. This item related to the aforementioned Public Hearing. Motion by Haase, second by Gericke to approve Resolution #2014-338. Upon roll call vote, all voted aye. Motion adopted. ORIDINANCE: #9509 – Consideration of Approving the Enhanced Employment Area Occupation Tax Regional Planning Director Chad Nabity reported Ordinance #9509 related to the aforementioned Public Hearing regarding the Northwest Commons area and would levy a retail business occupation tax on or before October 1, 2015. Motion by Haase, second by Donaldson to approve Ordinance #9509. City Clerk: Ordinance #9509 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 #9509 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 #9509 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Donaldson, second by Minton to approve the Consent Agenda excluding G-3 (Appointment to CRA Board) and G-15 (#2014-330). Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 11/12/2014 Page 9 / 76 Page 5, City Council Regular Meeting, October 28, 2014 Approving Minutes of October 14, 2014 City Council Regular Meeting. Approving Appointment of Jeremiah Krantz to the Downtown Business Improvement District 2013 Board. Approving Appointment of Glenn Wilson to the Community Redevelopment Authority. Mayor Vavricek commented on the qualifications of Mr. Wilson to this board. Motion by Gilbert, second by Haase to approve the appointment of Glenn Wilson. Upon roll call vote, all voted aye. Motion adopted. Approving Re-Appointments of Ray O’Connor and Tom O’Neill and Appointments of Ken Staab and Gail Yenny to the Citizens Advisory Review Committee. #2014-320 - Approving the Purchase of Data 911 Mobile Video Systems for the Police Department with Data 911 in an Amount of $7,210.00. #2014-321 - Approving Acquisition of Utility Easement - 924 Claude Road (Buehler Properties, LLC). #2014-322 - Approving Bid Award - 2015 Complete Unit with Telescopic Aerial Platform and Chassis (Bucket Truck) for Platte Generating Station with Altec of Elizabethtown, KY in an Amount of $104,217.00. #2014-323 - Approving Change Order #2 with IES Commercial, Inc. of Holdrege, NE for Construction of Substation J for an Increase of $74,889.00 and a Revised Contract Amount of $2,654,567.38 and a Completion Deadline of November 28, 2014. #2014-324 - Approving Contract Extension to September 30, 2015 with Paramount Linen and Uniform Rental from Kearney, NE for Uniform Rental for Utilities and Public Works Departments. #2014-325 - Approving Change Order #1 for Surface Prep and Painting of Island Oasis Water Park with A1A Sandblasting from Cedar Rapids, IA for an Increase of $4,000.00 and a Revised Contract Amount of $51,300.00. #2014-326 - Approving the Agreement with the National Joint Powers Alliance for Joint Material Purchases (Utilities Department). #2014-327 - Approving Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (Menard). #2014-328 - Approving Temporary Construction Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (Menard). #2014-329 - Approving Acquisition of Public Utility Easement in Rainbow Lake Sixth Subdivision (SSB Development, LLC). Grand Island Council Session - 11/12/2014 Page 10 / 76 Page 6, City Council Regular Meeting, October 28, 2014 #2014-330 - Approving Amendment No. 1 for Interlocal Cooperative Agreement for Upper Prairie/Silver/Moores Flood Control Project. Public Works Director John Collins and Regional Planning Director Chad Nabity explained that in order for continued support by the City on the flood control project for the Upper Prairie/Silver/Moores Creek an amendment to the original agreement resolution obligating funds toward this project was required. Such amendment would add an additional funding obligation to the City of $2,929,800, over an additional 5 year period. Such project total was estimated at $29,000,000 with projected completion in 2020. The schedule was contingent upon receiving sufficient funds from the State and that the Corps of Engineers finishes their remediation by the end of 2015. Comments were made by Council regarding the importance of this project. Motion by Nickerson, second by Minton to approve Resolution #2014-330. Upon roll call vote, all voted aye. Motion adopted. #2014-331 - Approving Certificate of Final Completion for Handicap Ramp Project No. 2014- HC-1 with Galvan Construction Co. of Grand Island, NE. #2014-332 - Approving Storm Water Management Plan Program Grant. #2014-333 - Approving Authorization for the City to Participate in the Securities Exchange Commission’s Municipalities Continuing Disclosure Cooperation Initiative and Related Matters. REQUESTS AND REFERRALS: Consideration of Request from Third City Christian Church for a Conditional Use Permit for Temporary Parking Lot Extension located at 4100 West 13th Street. This item related to the aforementioned Public Hearing. Pastor Scott Jones representing the Third City Christian Church commented on the expansion of the hard surface parking lot. Motion by Gilbert, second by Donaldson to approve the request with conditions as specified during the Public Hearing. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2014-334 - Consideration of Request from Arts and Drafts LLC dba Arts and Drafts, 214 & 216 North Locust Street for a Class “I” Liquor License and Liquor Manager Designation for Jill Canfield, 1623 West 1st Street. This item related to the aforementioned Public Hearing. Motion by Gilbert, second by Minton to approve Resolution #2014-334 contingent upon final inspections and completion of a state approved alcohol server/seller program. Upon roll call vote, all voted aye. Motion adopted. #2014-335 - Consideration of Approving Contract with Life Line Billings Systems, LLC of Wautoma, WI for Emergency Medical Services and Fire Department Billing Services. Senior Accountant William Clingman reported that due to recent changes in the healthcare industry, a Grand Island Council Session - 11/12/2014 Page 11 / 76 Page 7, City Council Regular Meeting, October 28, 2014 third party vendor would be able to bring efficiency as well as expertise to the Emergency Management Services billing and collections as well as reduce staff by 1 FTE. Fire Chief Cory Schmidt and Finance Director Jaye Monter spoke in support. Zachary Zoul, 2723 Brentwood Boulevard spoke in opposition. Motion by Gilbert, second by Minton to approve Resolution #2014-335. Upon roll call vote, Councilmembers Minton, Gilbert, Nickerson, and Donaldson voted aye. Councilmembers Paulick, Gericke, and Haase voted no. Councilmember Stelk abstained. Motion failed. #2014-336 - Consideration of Approving Designated Depositories and City Treasurer Authorizations. This item was removed from the agenda due to Resolution #2014-335 being denied. #2014-337 - Consideration of Approving Amendment to Finance Personnel FTE Budget Allocation. This item was removed from the agenda due to Resolution #2014-335 being denied. PAYMENT OF CLAIMS: Motion by Donaldson, second by Paulick to approve the Claims for the period of October 15, 2014 through October 28, 2014, for a total amount of $3,749,072.14. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:05 p.m. RaNae Edwards City Clerk Grand Island Council Session - 11/12/2014 Page 12 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item G-2 Approving Request for Liquor Manager Designation for Mitchelle Sheehan, 1510 N. Broadwell Avenue with Fiesta Latina/The Club, 2815 South Locust Street Staff Contact: RaNae Edwards Grand Island Council Session - 11/12/2014 Page 13 / 76 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:November 12, 2014 Subject:Request from Mitchelle Sheehan, 1510 N. Broadwell Avenue for Liquor Manager Designation with Fiesta Latina/The Club, 2815 South Locust Street Item #’s:G-2 Presenter(s):RaNae Edwards, City Clerk Background Mitchelle Sheehan, 1510 N. Broadwell Avenue has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Fiesta Latina/The Club, 2815 South Locust Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Mr. Sheehan has completed a state approved alcohol server/seller program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. Grand Island Council Session - 11/12/2014 Page 14 / 76 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Mitchelle Sheehan, 1510 N. Broadwell Avenue for Liquor Manager Designation in conjunction with the Class “C-34765” Liquor License for Fiesta Latina/The Club, 2815 South Locust Street. Grand Island Council Session - 11/12/2014 Page 15 / 76 10/29/14 Grand Island Police Department 450 15:13 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 14:00:00 10/21/2014 Occurred before : 14:00:00 10/21/2014 When reported : 14:00:00 10/21/2014 Date disposition declared : 10/22/2014 Incident number : L14102057 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 2815 Locust St S State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 14150 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- NM 196100 10/22/14 Fiesta Latina/The Club, Business Involved NM 17866 10/21/14 Sheehan, Mitchelle M Liquor Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 LT03 Bar/Night Club IMAGE CODES FOR INCIDENT: Seq Imag Image code for a users description field --- ---- ---------------- ------------------------------ 1 DOC DOCUMENT mobile report LAW INCIDENT NARRATIVE: I received a Copy of a Liquor Manager Application from Mitchelle Sheehan for The Club. Grand Island Council Session - 11/12/2014 Page 16 / 76 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 10:42:24 10/22/2014 Grand Island Police Department Supplemental Report Date, Time: Wed Oct 22 10:42:37 CDT 2014 Reporting Officer: Vitera Unit- CID I received a copy of a liquor manager application from Mitchelle Sheehan for Fiesta Latina/The Club located at 2815 S. Locust. While perusing the application, I noticed that out of the last 21 years, there have only been two periods where Mitchelle hasn't lived in Grand Island. He lived in Oklahoma for nine months between 2009 and 2010, and he lived in Texas for seven months between 2007 and 2008. His last two employers are listed as Wanda's Last Stop and the Peacock Lounge. Before that, he worked at the Firehouse, The Tank, and City Limits. Since I was aware of a few issues over the years at the Firehouse and The Tank, I sent out a Department-wide email asking all GIPD officers if anyone has had any contact with Mitchelle (good, bad, or otherwise). I didn't receive any responses. A few other areas of the application caught my attention. Mitchelle didn't disclose any criminal convictions, no one else is listed on the application, and Mithcelle said that he hasn't made application for a liquor license before. I searched Mitchelle through Spillman and NCJIS. Spillman shows that Mitchelle has been cited for some traffic violations and was involved in a criminal mischief ten years ago. NCJIS shows Mitchelle has four convictions for speeding and two convictions for violating a traffic sign or signal. I did not find a conviction for criminal mischief. I did a general Internet search and found a couple of facebook pages with nothing on them. I also used a paid law enforcement-only database which indicates that Mithcelle may have had a bankruptcy in 2002 and four judgments against him with the last one being in 2009. I called Mitchelle on 10/23/14 and asked him some questions about his application. I wondered how he knew that Fiesta Latina needed a liquor manager. Mitchelle said that he has driven by Fiesta Latina several times and noticed it wasn't open. Mitchelle approached the owner and asked him if he wanted some help running the bar. They came to an agreement. Mitchelle said they're going to try to have some pool and dart leagues, and he also wants to have a teen night once or twice a month. He Grand Island Council Session - 11/12/2014 Page 17 / 76 emphasized that they wouldn't sell any alcohol on teen night. He also said if a teen left the club, they would not be allowed to re-enter. I also told Mitchelle that the question on the application about convictions includes traffic tickets. He said he didn't realize that and apologized. Mitchelle also verified that he declared bankruptcy shortly after he got divorced, and he has some outstanding judgments against him. The last question I asked was about him stating on the application that he had never applied for a liquor license before. I recalled that he had applied for a license at The Firehouse. Mitchelle said that he had to withdraw that application, so he didn't think it counted. Mitchelle acknowledged that if that application counted, he answered the question incorrectly and apologized. All in all, while Mitchelle should have disclosed his traffic convictions, I didn't find any other more serious undisclosed convictions. He also should have disclosed that he has applied for a liquor license before, but his explanation was believable. Since I didn't get any responses from other GIPD members about Mitchelle, and none of the other omissions or inaccuracies were serious, I see nothing that would preclude Mitchelle from becoming the liquor manager at Fiesta Latina/The Club. Grand Island Council Session - 11/12/2014 Page 18 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item G-3 Approving Request for Liquor Manager Designation for Barry Hopkins, 2212 W. Anna Street with Elks BPO Lodge 604, 631 South Locust Street Staff Contact: RaNae Edwards Grand Island Council Session - 11/12/2014 Page 19 / 76 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:November 12, 2014 Subject:Request from Barry Hopkins, 2212 W. Anna Street for Liquor Manager Designation with Elks BPO Lodge 604, 631 South Locust Street Item #’s:G-3 Presenter(s):RaNae Edwards, City Clerk Background Barry Hopkins, 2212 W. Anna Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Elks BPO Lodge 604, 631 South Locust Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. Grand Island Council Session - 11/12/2014 Page 20 / 76 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Barry Hopkins, 2212 W. Anna Street for Liquor Manager Designation in conjunction with the Class “C-1463” Liquor License for Elks BPO Lodge 604, 631 South Locust Street contingent upon completion of a state approved alcohol server/seller program. Grand Island Council Session - 11/12/2014 Page 21 / 76 10/22/14 Grand Island Police Department 450 10:36 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 08:00:00 10/22/2014 Date disposition declared : **/**/**** Incident number : L14102124 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 631 Locust St S State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : Misc. number : RaNae Geobase address ID : Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 57092 10/22/14 Elks BPOE 604, Business Involved NM 65518 10/22/14 Hopkins, Barry L Liquor Manager NM 72411 10/22/14 Hopkins, Linda Manager's Spouse LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT04 LT04 Church/Synagogue/Temple LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor Manager Application from Barry Hopkins for the Elks BPO Lodge 604. Grand Island Council Session - 11/12/2014 Page 22 / 76 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 09:28:17 10/22/2014 318 Grand Island Police Department Supplemental Report Date, Time: Wed Oct 22 09:28:28 CDT 2014 Reporting Officer: Vitera Unit- CID I received a copy of a liquor manager application from Barry Hopkins for the Elks BPO Lodge 604 located at 631 S. Locust. While perusing the application, I noticed that Barry is married to Linda Hopkins. Barry has lived in Grand Island since 1981, and Linda has lived in Grand Island since 1977. Linda signed a Spousal Affidavit of Nonparticipation form. Barry has worked for Mid-Nebraska Disposal since 1984, and neither Barry or Linda disclosed any criminal convictions. I checked the Hopkins' through Spillman and NCJIS. Barry and Linda don't have anything in Spillman that would indicate any sort of criminal activity. NCJIS shows that Barry has three traffic convictions for speeding in 2002, 2004, and 2007. Linda has one speeding conviction from 2003. I did a general Internet search and couldn't pinpoint anything for either of them. I also searched a paid law enforcement-only database and didn't find anything damaging to the application. All in all, the Hopkins' have lived in Grand Island for over thirty years and have no criminal record in Grand Island or Nebraska other than some traffic tickets. Barry has held a job at one location for thirty years. From the perspective of solely looking at records for indications of criminal activity, I found nothing that would preclude Barry Hopkins from becoming the liquor manager at the Elks Lodge 604. Grand Island Council Session - 11/12/2014 Page 23 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item G-4 #2014-339 - Approving Bid Award for Delta Street Drainage; Project No. 2014-D-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/12/2014 Page 24 / 76 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:November 12, 2014 Subject:Approving Bid Award for Delta Street Drainage; Project No. 2014-D-1 Item #’s:G-4 Presenter(s):John Collins PE, Public Works Director Background On September 23, 2014 the Engineering Division of the Public Works Department advertised for bids for Delta Street Drainage; Project No. 2014-D-1. The bid package for this project was sent to seven (7) potential bidders. This project will improve drainage by extending the subsurface drainage & correcting the slope of the pavement. Discussion Two (2) bids were received and opened on October 21, 2014. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price The Diamond Engineering Co. of Grand Island, NE None $43,571.05 Philip Carkoski Construction of Loup City, NE None $47,114.00 Both bids submitted are over the estimate of $32,782.00, however with them being within 8% of each other they are both considered fair and reasonable. The smaller quantities on this project contribute to the higher item cost. Funds are available in Account No. 10033506-85353 & 10033506-85213. Grand Island Council Session - 11/12/2014 Page 25 / 76 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to The Diamond Engineering Co. of Grand Island, Nebraska in the amount of $43,571.05. Sample Motion Move to approve the bid award. Grand Island Council Session - 11/12/2014 Page 26 / 76 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 21, 2014 at 2:00 p.m. FOR:Storm Sewer Improvements – Delta Street Drainage Project No. 2014-D-1 DEPARTMENT:Public Works ESTIMATE:$32,782.00 FUND/ACCOUNT:10033506-85213 PUBLICATION DATE:September 23, 2014 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:Philip Carkoski Construction Diamond Engineering Co. Loup City, NE Grand Island, NE Bid Security:The Ohio Casualty Ins. Co.Universal Surety Co. Exceptions:None None Bid Price:$47,114.00 $43,571.05 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent Keith Kurz, PW Engineer P1769 Grand Island Council Session - 11/12/2014 Page 27 / 76 Approved as to Form ¤ ___________ November 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-339 WHEREAS, the City of Grand Island invited sealed bids for Delta Street Drainage; Project No. 2014-D-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on October 21, 2014 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Co. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $43,571.05; and WHEREAS, The Diamond Engineering Co.’s bid is considered fair and reasonable for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Co. of Grand Island, Nebraska in the amount of $43,571.05 for Delta Street Drainage; Project No. 2014-D-1 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/12/2014 Page 28 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item G-5 #2014-340 - Approving Concurrence of Bid Award to Paulsen, Inc. for Capital Avenue Widening; Webb Road to Broadwell Avenue Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/12/2014 Page 29 / 76 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:November 12, 2014 Subject:Approving Concurrence of Bid Award to Paulsen, Inc. for Capital Avenue Widening; Webb Road to Broadwell Avenue Item #’s:G-5 Presenter(s):John Collins PE, Public Works Director Background All agreements must be approved by the City Council. The Capital Avenue – Webb Road to Broadwell Avenue widening project will consist of removal of the existing 24’ wide asphalt roadway and construction of new concrete pavement on Capital Avenue from Webb Road through Broadwell Avenue. The new roadway will consist of five lane curbed concrete pavement. Other improvements include construction of sidewalks and a concrete hike/bike trail, updated street lighting, and construction of new storm sewer. A pedestrian signal will be constructed approximately 1000’ east of Webb Road to provide for safe crossing for users of the hike/bike trail. This project will be coordinated with the North Interceptor Sanitary Sewer project. This project will receive federal funding through the Surface Transportation Program (STP), which has typically been applied on an 80/20 basis. However, due to changes brought about by the new federal highway bill, the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the NDOR’s Federal Fund Purchase Program beginning in March 2016, federal funding for this project has been capped. Reference is made to Resolution 2013-141 approved by City Council on May 14, 2013. At the time of this resolution this project was $8,150,500 with a federal fund obligation cap of $6,133,200. Grand Island Council Session - 11/12/2014 Page 30 / 76 Discussion As specified in the Program Agreement with NDOR, the State advertised and conducted the letting for this project. Two bids were received and opened on October 23, 2014. The bids were submitted in compliance with the contract, plans and specifications. The bid tabulations are included with this Council item. Bidder Exceptions Bid Paulsen, Inc. of Cozad, NE None $7,086,573.25 The Diamond Engineering Company of Grand Island, NE None $7,437,800.72 Public Works and the NDOR Contracts Section have reviewed the bids and determined them to be acceptable. A recent increase in construction activity regionally is considered as one cause for contractors submitting higher bid prices. It is unlikely that re-advertising the project will result in lower bids. Total project costs are now estimated to be $10,166,053.50. Subtracting the federal capped funds of $6,527,328.00 the local funding necessary to complete this project is estimated at $3,638,725.50. This project will have a 35.8% local funding and a 64.2% federal funding. Breakdown of estimated costs are as follows: Preliminary Engineering $533,217.28 Northwestern Energy $620,268.00 CenturyLink $272,389.00 Grand Island Utilities $725,000.0 Right-of-Way Acquisition $278,606.00 Construction $7,086,573.25 Construction Engineering $650,000 (estimated) Total Estimated Project Costs $10,166,053.53 $10,166,053.50 (Total Estimated Project Costs) - $ 6,527,328.00 (Federal Funds Cap) $ 3,638,725.50 (Local Funding ) The tentative start date for construction is June 1, 2015. The project is expected to be completed June 1, 2016. Public Works staff is currently in the process of negotiating the scope and fee for Construction Engineering services with Olsson Associates, Inc. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 11/12/2014 Page 31 / 76 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 concurrence of bid award to Paulsen, Inc. of Cozad, Nebraska for the construction of Capital Avenue Widening; Webb Road to Broadwell Avenue. Sample Motion Move to approve the agreement. Grand Island Council Session - 11/12/2014 Page 32 / 76 RESOLUTION 2013-141 WHEREAS, the City of Grand Island Public Works Department prepared a Project Programming Request to the Nebraska Department ofRoads for the Capital Avenue,Webb Road to Broadwell Avenue; and WHEREAS, such request was approved by the Nebraska Department of Roads on April 5, 2011; and WHEREAS,the total project cost was estimated at$3,250,639,with$650,129 being the responsibility ofthe City of Grand Island; and WHEREAS,an agreement with the Nebraska Department ofRoads was approved by Grand Island City Council through Resolution No. 2011-124 to proceed with this project; and WHEREAS, Supplement Agreement No. 1 is necessary to show their commitment to delivering all Local Public Agency federal aid projects, NDOR will use the August Redistribution funds in FFY2013 and FFY2014 to provide for full federal participation for all First Class City STP projects that are currently programmed; and WHEREAS, individual projects are to be capped at their current estimate; and WHEREAS,the current total estimated cost for the Capital Avenue-Webb Road to Broadwell Avenue Project is $8,150,500. The amount of Federal STP funds obligated to date is 394,128.00. The program supplemental agreement caps the amount for future obligations at 6,133,200.00/ NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Supplemental Agreement No. 1 with the Nebraska Department of Roads for the construction of Capital Avenue; Webb Road to Broadwell Avenue Project is hereby approved;and the Mayor is hereby authorized and directed to execute such agreement on behalf ofthe City of Grand Island. Adopted by the City Council of the City of Grand Island, Nebraska, May 14, 2013. i ay avrice,, Mayor Attest: e,, RaNae Edwards, City Clerk Approved as to Form a May 13,2013 0 City Atforney Grand Island Council Session - 11/12/2014 Page 33 / 76 Grand Island Council Session - 11/12/2014 Page 34 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item G-6 #2014-341 - Approving Bid Award for One (1) 2015 Model Tracked Waste Handler Dozer for the Solid Waste Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/12/2014 Page 35 / 76 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:November 12, 2014 Subject:Approving Bid Award for One (1) 2015 Model Tracked Waste Handler Dozer for the Solid Waste Division of the Public Works Department Item #’s:G-6 Presenter(s):John Collins, P.E., Public Works Director Background On October 16, 2014 the Solid Waste Division of the Public Works Department advertised for a 2015 Model Tracked Waste Handler Dozer. Funds for the loader are in the approved 2013/2014 budget. Discussion One (1) bid was received and opened on November 3, 2014. The Solid Waste Division of the Public Works Department and the Purchasing Division reviewed the bid that was received. The dozer bid by Nebraska Machinery Company of Doniphan, NE meets all of the specifications. This dozer is a front-line piece of equipment that is utilized on a daily basis for pushing and spreading solid waste and cover material at the landfill. This machine will simply replace the 2011 model dozer that is being sold back to Nebraska Machinery Company in the amount of $211,092. This is the amount guaranteed by Nebraska Machinery Company from the purchase of the machine back in 2011 from the total cost of ownership bid process that we typically use to evaluate the most favorable bid when purchasing equipment. A picture of the machine that we are selling back to Nebraska Machinery Company is shown below. Bidder Base Price Repurchasing Agreement Net Cost of Ownership Nebraska Machinery Company of Doniphan, NE $721,125 4 yrs or 9,250 hrs = $185,000 $536,125 Grand Island Council Session - 11/12/2014 Page 36 / 76 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 purchase of the 2015 Model Tracked Waste Handler Dozer from Nebraska Machinery of Doniphan, NE for the net cost of $721,125 with a guaranteed repurchase agreement of $185,000. Sample Motion Move to approve the purchase of the 2015 Model Tracked Waste Handler Dozer from Nebraska Machinery of Doniphan, NE for the net cost of $721,125 with a guaranteed repurchase agreement of $185,000. Grand Island Council Session - 11/12/2014 Page 37 / 76 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:November 3, 2014 at 2:00 pm FOR:One (1) 2015 Model Tracked Waste Handler Dozer DEPARTMENT:Public Works ESTIMATE:$800,000.00 FUND/ACCOUNT:50530043-85615 PUBLICATION DATE:October 16, 2014 NO. POTENTIAL BIDDERS:3 SUMMARY Bidder:NMC, Inc. Doniphan, NE Bid Security:Travelers Casualty & Surety Co. Exceptions:Noted Bid Price:$721,125.00 Trade-In:$211,092.00 Repurchasing Agreement: 1 year or 2,250 hours $385,000.00 2 years or 4,500 hours $290,000.00 3 years or 6,750 hours $240,000.00 4 years or 9,250 hours $185,000.00 cc:John Collins, Public Works Director Jeff Wattier, Solid Waste Superintendent Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Assistant City Attorney P1773 Grand Island Council Session - 11/12/2014 Page 38 / 76 Approved as to Form ¤ ___________ November 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-341 WHEREAS, the City Of Grand Island invited sealed bids for one (1) 2015 Model Tracked Waste Handler Dozer, according to specifications on file with the Public Works Department; and WHEREAS, on November 3, 2014 bids were received, opened and reviewed; and WHEREAS, NMC, Inc. of Doniphan, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, at a base price of $721,125.00; and WHEREAS, the base bid of NMC, Inc. is less than the estimate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of NMC, Inc. of Doniphan, Nebraska, at a base price of $721,125.00, for a 2015 Model Tracked Waste Handler Dozer is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/12/2014 Page 39 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item G-7 #2014-342 - Approving Amendment No. 1 to Agreement for Engineering Consulting Services Related to Husker Highway Sanitary Sewer Tap District No. 531T Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/12/2014 Page 40 / 76 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:November 12, 2014 Subject:Approving Amendment No. 1 to Agreement for Engineering Consulting Services Related to Husker Highway Sanitary Sewer Tap District No. 531T Item #’s:G-7 Presenter(s):John Collins PE, Public Works Director Background This project will plan, design and build the extension of the sanitary sewer interceptor at the North Road and Husker Highway intersection to extend sanitary sewer availability to a defined tap district area (to be determined) and elimination of lift station #23. Funding for this project is with the State Revolving Fund (SRF) loan through Nebraska Department of Environmental Quality (NDEQ). On January 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Consulting Services for the proposed Husker Highway Sanitary Sewer Tap District No. 531T, with twelve (12) potential respondents. Six (6) engineering firms submitted qualifications on February 6, 2014 for the engineering services for the proposed Husker Highway Sanitary Sewer Tap District No. 531T. Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) On March 11, 2014, by Resolution No. 2014-55 the City entered into an agreement with Olsson Associates of Grand Island, Nebraska for engineering design services to determine the benefited area of proposed Husker Highway Sanitary Sewer Tap District No. 531T, in the amount of $20,345.00. Grand Island Council Session - 11/12/2014 Page 41 / 76 All agreements must be approved by the City Council. Discussion The original agreement with Olsson Associates is now being supplemented to allow for utility survey, easement acquisition, geotechnical investigation, sanitary sewer design, project permitting and bid phase services. The increase in cost for Amendment No. 1 is $147,122.00, for a revised agreement of $167,467.00. The benefited area of this sanitary sewer district will be determined through such consulting services, with a request to create a district to follow. Upon creation of this tap district, at a later date, an additional amendment to the agreement will be brought before council to address final design and construction phase 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 Amendment No. 1 to the original agreement with Olsson Associates of Grand Island, Nebraska, in the amount of $147,122.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/12/2014 Page 42 / 76 Grand Island Council Session - 11/12/2014 Page 43 / 76 Page 2 of 5 This scope does not include condemnation proceedings (if necessary). Tasks to be completed include: Task 505: Easement Descriptions & Tract Drawings – Olsson shall prepare legal descriptions and tract drawings for the permanent and temporary easements required from each of the impacted tracts. Task 506: Title Search & Appraisals – Olsson shall perform a title search and have an appraisal completed for each of the impacted tracts for use in the acquisition of the temporary and/or permanent easement. Task 507: Easement Acquisitions – Olsson shall assist the City in the negotiations for the acquisition of the temporary and/or permanent easements. Olsson will prepare the easement documents, present, explain offers, answer related questions, and secure signatures from interested parties. Olsson will attempt to meet with each property owner at least three times if necessary. Olsson will perform the services in accordance with the City of Grand Island’s procedures. The goal will be to acquire the necessary right of way through amicable negotiations. If condemnation is required, Olsson will deliver the parcel files to the City of Grand Island and be available for consultation or condemnation testimony. Olsson will submit signed purchase agreements, deeds and temporary easements, along with a payment transmittal letter to the City. The City will approve all signed purchase agreements and easement documents and will make payments to each property owner and tenant, if necessary. The City will record the deeds at the County Courthouse, and provide copies of the recorded documents and payment vouchers or checks to Olsson in order to complete the acquisition file. PHASE 510: GEOTECHNICAL INVESTIGATION Olsson shall perform engineering services including exploratory work, laboratory and field testing, and professional guidance in tests to be made at test locations based on preliminary drawings and designs and including professional interpretations of exploratory and test data. The services will include:   Task 511: Geotechnical Borings – Olsson shall perform geotechnical exploratory work, such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock formations, and other geophysical phenomena which may be required to provide information for design, and field and laboratory tests and analyses which are required to provide design information. It is anticipated that nine (9) soil test borings will be made (six (6) borings at 35 feet deep each and three (3) borings at 30 feet deep each). Task 512: Geotechnical Report – Olsson shall prepare a geotechnical report interpreting the data on the exploratory work. Included will be recommendations for testing and setting out the site conditions that can be anticipated from this initial exploratory work. Grand Island Council Session - 11/12/2014 Page 44 / 76 Page 3 of 5 PHASE 520 – SANITARY SEWER DESIGN Olsson shall prepare plans and specifications that can be used as bid and construction documents that will allow the project to be competitively bid and constructed. The tasks performed shall include: Task 521: Project Management – Day to day coordination and correspondence with parties of interest to insure timely project advancement and progress updates. Task 522: Tap District Boundary and Legal Description – Olsson shall work with the City to define the boundary for the Tap District and prepare a legal description and map for the Tap District. Task 523: Design of Sanitary Sewer Improvements – Olsson shall provide the design for the sanitary sewer improvements (as outlined as section “A” in the June 2014 study titled “Husker Highway Sanitary Sewer Tap District No. 531T – Sewer Study”). These improvements will include sanitary sewer line sizing, existing lift station abandonment, manhole locations, and sewer stub- out locations. Task 524: Prepare Plans & Specifications – Olsson shall prepare plan sheets, technical specifications, and front end documents for the proposed project. The complete plans and specifications will be submitted to the Nebraska Department of Environmental Quality for review. The City is responsible for any review fees. Task 525: Quality Control Review – Olsson shall perform an in-house quality control review to evaluate the construction documents and provide review comments. Olsson will also prepare a final opinion of probable cost for the project based upon the information in the plans and specifications. Task 526: Meetings with Owner – Olsson will meet with the Client to discuss the development of the plans and specifications. A total of four (4) meetings are anticipated. Task 527: Prepare Cost Opinion - A final opinion of probable construction cost shall be prepared, based upon the information in the plans and specifications and presented to the Client. PHASE 530 – PROJECT PERMITTING Olsson shall work with the City on obtaining the necessary permits that will be required to construct the project. The tasks performed shall include: Task 531: Wetland Delineation & Corps of Engineers 404 Permit – Olsson will complete a wetland delineation for the area along North Road. Olsson shall prepare a U.S. Corps of Engineers Nationwide 404 permit application and provide any additional information requested by the Corps of Engineers. This does not include additional site visits or any meetings with the Corps of Engineers. An individual permit is not anticipated for this project and not included in the estimated fees. Grand Island Council Session - 11/12/2014 Page 45 / 76 Page 4 of 5 PHASE 600 – BID PHASE SERVICES Olsson shall assist the Client in bidding the project. The tasks shall include: Task 601: Prepare and Distribute Bid Documents – Olsson shall arrange for preparation and distribution of bid documents to prospective bidders. Olsson shall maintain a list of current holders of bid documents. Task 602: Answer Bidder Inquiries – Olsson shall answer bidder’s inquiries & questions regarding the construction documents. Task 603: Prepare Addenda – Olsson shall prepare and distribute addenda to the bidders that may be needed during the bid phase. Task 604: Attend Bid Opening – Olsson shall attend bid opening to assist Client in opening bids. Task 605: Evaluate Bids & Recommend Award – Olsson shall assist the City in evaluating the bids and qualifications of the bidders, and provide a Recommendation of Award to Client. Client to prepare bid tabulation. Exclusions to this amendment: 1. Legal, boundary and ALTA surveys. 2. Review fees for local and state agencies having jurisdiction. 3. Permitting fees for local and state agencies having jurisdiction. 4. Groundwater modeling or groundwater discharge permitting. SCHEDULE FOR OLSSON’S SERVICES Unless otherwise agreed, Olsson expects to perform its services covered by this Amendment as follows: Anticipated Start Date: November 18, 2014 Anticipated Design Completion Date: June 2015 Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated Completion Date, and any milestone dates are approximate only, and Olsson reserves the right to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including, but not limited to, delays caused by Client or delays caused by third parties. COMPENSATION For the additional Scope of Services specifically set forth in this Amendment, Client shall pay Olsson the following fee in addition to the fee(s) set forth in the Agreement: Client shall pay to Olsson for the performance of the Scope of Services, the actual time of personnel performing such services on an hourly cost basis times a factor of 3.085 for services rendered by our principals and employees engaged directly on the Project, and all actual reimbursable expenses in accordance with Reimbursable Expense Schedule attached to this Agreement. Olsson shall submit invoices on a monthly basis and payment is due within 30 calendar days of invoice date. Grand Island Council Session - 11/12/2014 Page 46 / 76 Page 5 of 5 If applicable: Olsson’s Scope of Services will be provided on a time and expense basis not to exceed $147,122.00. TERMS AND CONDITIONS OF SERVICE All provisions of the original Agreement not specifically amended herein shall remain unchanged. If this Contract Amendment satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain a copy for your files and return an executed original to Olsson. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. OLSSON ASSOCIATES, INC. By __________________________________ By __________________________________ Joe Baxter Dave Ziska By signing below, you acknowledge that you have full authority to bind Client to the terms of this Amendment. If you accept this Amendment, please sign: City of Grand Island By _____________________________ Signature Printed Name ____________________ Title ____________________________ Dated: _________________________ Grand Island Council Session - 11/12/2014 Page 47 / 76 Date: 11/3/2014 Job: Husker Highway Sanitary Sewer Tap District No. 531T - Amendment 1 TOTAL TOTAL TOTAL Phase/MAN- LABOR EXPENSE TOTAL Task Description of Work DAYS FEE FEE FEE Phase 500 - Utility Survey 501 Locate Existing Utilities 4.25 $2,492 $45 $2,537 502 Establish Control, Survey 12.25 $7,080 $105 $7,185 503 Reduce Survey & Cleanup Drawing 2.25 $1,468 $1,468 Sub-Total 18.75 $11,040 $150 $11,190 Phase 505 - Easement Acquisition 505 Easement Descriptions & Tract Drawings 5.75 $3,490 $3,490 506 Title Search & Appraisals 0.63 $525 $9,000 $9,525 507 Easement Acquisitions 1.75 $2,010 $21,420 $23,430 Sub-Total 8.13 $6,025 $30,420 $36,445 Phase 510 - Geotechnical Investigation 511 Geotechnical Borings 0.25 $255 $4,130 $4,385 512 Geotechnical Report 0.25 $330 $6,770 $7,100 Sub-Total 0.50 $585 $10,900 $11,485 Phase 520 - Design 521 Project Management 5.00 $6,600 $6,600 522 Tap District Boundary and Legal Descriptions 3.38 $2,605 $2,605 523 Design of Sanitary Sewer Improvements 6.25 $5,250 $5,250 524 Prepare Plans & Specifications 64.38 $49,580 $45 $49,625 525 Quality Control Review 2.50 $3,300 $3,300 526 Meetings with Owner (4 total) 3.50 $3,420 $3,420 527 Prepare Cost Opinion 1.75 $1,560 $1,560 Sub-Total 86.76 $72,315 $45 $72,360 Phase 530 - Project Permitting 531 Wetland Delineation & Corps of Engineers 404 Permit 8.75 $8,680 $80 $8,760 Sub-Total 8.75 $8,680 $80 $8,760 Phase 600 - Bid Phase Services 601 Prepare and Distribute Bid Documents 2.63 $1,285 $1,500 $2,785 602 Answer Bidder Inqueiries 1.75 $1,860 $1,860 603 Prepare Addenda 1.38 $1,188 $1,188 604 Attend Bid Opening 0.38 $495 $495 605 Evaluate Bids / Recommend Award 0.75 $554 $554 Sub-Total 6.89 $5,382 $1,500 $6,882 GRAND TOTAL 129.78 $104,027 $43,095 $147,122 Grand Island Council Session - 11/12/2014 Page 48 / 76 Approved as to Form ¤ ___________ November 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-342 WHEREAS, on March 11, 2014, by Resolution No. 2014-55 the Grand Island City Council approved entering into an agreement with Olsson Associates of Grand Island, Nebraska in the amount of $20,345.00 for engineering design services to determine the benefited area of proposed Husker Highway Sanitary Sewer Tap District No. 531T; and WHEREAS, the original agreement is now being amended to include utility survey, easement acquisition, geotechnical investigation, sanitary sewer design, project permitting and bid phase services; and WHEREAS, such amendment is in the amount of $147,221.00, for a revised agreement amount of $167,467.00; and WHEREAS, Amendment No. 1 to the original agreement with Olsson Associates of Grand Island, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that Amendment No. 1 with Olsson Associates of Grand Island, Nebraska for engineering consulting services related to Husker Highway Sanitary Sewer Tap District No. 531T in the amount of $147,221.00 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/12/2014 Page 49 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item G-8 #2014-343 - Approving 36 Month Copier Lease and Maintenance Agreement with Capital Business Systems, Inc. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 11/12/2014 Page 50 / 76 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:November 12, 2014 Subject:Approving 36 Month Copier Lease and Maintenance Agreement with Capital Business Systems, Inc Item #’s:G-8 Presenter(s):Jaye Monter, Finance Director Background It is time to replace the four copy machines used by all internal and external departments located throughout City Hall that were originally purchased in 2007. These copier/printer/scanner/fax machines are located in the administration, building/fire, utilities administration suite and the mailroom. Also needing upgrading and replacement are two copiers located at the Grand Island Public Library. Discussion Research by the information technology and library staff have resulted in a recommendation of a 36 month lease agreement with $0.00 down and ownership at the end of the term from Capital Business Systems, Inc. for 6 multi-purpose machines. Capital Business Systems, Inc. has the current State of Nebraska Contract for these multi- purpose machines. The proposed agreement will have a monthly lease payment of $908.36 for all 6 multi- purpose machines. The agreement includes: (4) Canon iR-Advance 4245s with a pay per copy/print costs at a cost per copy of: $.011. The 36 month service plus agreement covers all parts, labor, service calls, preventative maintenance calls, and all supplies (excluding staples and paper). The agreement includes: (1) Canon iR-Advance C5255 with a pay per copy/print costs at a cost per copy of: $.012 for all Black prints, and $0.069 for all color copies. Grand Island Council Session - 11/12/2014 Page 51 / 76 The 36 month service plus agreement covers all parts, labor, service calls, preventative maintenance calls, and all supplies (excluding staples and paper). The agreement includes: (1) Canon iR-Advance 5240A with a pay per copy/print costs at a cost per copy of: $.012 for all black prints, and $0.069 for all color copies. The 36 month service plus agreement covers all parts, labor, service calls, preventative maintenance calls, and all supplies (excluding paper). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 36 month lease and maintenance agreement with $0.00 down and ownership at the end of the term from Capital Business Systems Inc. 2.Refer the issue to a committee. 3.Postpone the issue to a future date. 4.Take no action on the issue. Recommendation City Administration recommends that the Council approve the 36 month lease and maintenance agreement with $0.00 down and ownership at the end of the term from Capital Business Systems Inc. Sample Motion Move to approve the 36 month lease and maintenance agreement with $0.00 down and ownership at the end of the term from Capital Business Systems Inc. Grand Island Council Session - 11/12/2014 Page 52 / 76 Grand Island Council Session - 11/12/2014 Page 53 / 76 Grand IslandCouncil Session - 11/12/2014Page 54 / 76 Grand Island Council Session - 11/12/2014 Page 55 / 76 Grand IslandCouncil Session - 11/12/2014Page 56 / 76 Grand Island Council Session - 11/12/2014 Page 57 / 76 Grand IslandCouncil Session - 11/12/2014Page 58 / 76 Grand Island Council Session - 11/12/2014 Page 59 / 76 Grand IslandCouncil Session - 11/12/2014Page 60 / 76 Grand Island Council Session - 11/12/2014 Page 61 / 76 Grand IslandCouncil Session - 11/12/2014Page 62 / 76 Grand Island Council Session - 11/12/2014 Page 63 / 76 Grand IslandCouncil Session - 11/12/2014Page 64 / 76 Grand Island Council Session - 11/12/2014 Page 65 / 76 Grand IslandCouncil Session - 11/12/2014Page 66 / 76 Grand Island Council Session - 11/12/2014 Page 67 / 76 Grand IslandCouncil Session - 11/12/2014Page 68 / 76 Approved as to Form ¤ ___________ November 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-343 WHEREAS, City Hall and the Grand Island Public Library are needed to upgrade and replace 6 copier/printer/scanner/fax machines purchased in 2007; and WHEREAS, the 36 month lease agreement with $0.00 down and ownership at the end of the lease term will be provided by Capital Business Systems, Inc.: and WHEREAS, Capital Business Systems, Inc. has the current State of Nebraska Contract for these multi-purpose machines; and WHEREAS, the agreement includes: (4) Canon iR-Advance 4245’s with a pay per copy/print costs at a cost per copy of: $.011. The 36 month service plus agreement covers all parts, labor, service calls, preventative maintenance calls, and all supplies (excluding staples and paper); and WHEREAS, the agreement includes: (1) Canon iR-Advance C5255 with a pay per copy/print costs at a cost per copy of: $.012 for all Black prints, and $0.069 for all color copies. The 36 month service plus agreement covers all parts, labor, service calls, preventative maintenance calls, and all supplies (excluding staples and paper); and WHEREAS, the agreement includes: (1) Canon iR-Advance 5240A with a pay per copy/print costs at a cost per copy of: $.012 for all black prints, and $0.069 for all color copies. The 36 month service plus agreement covers all parts, labor, service calls, preventative maintenance calls, and all supplies (excluding paper). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 36 month copier lease with maintenance agreement as stated above by and between the City and Capital Business Systems, Inc. is hereby approved. BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed to execute such agreements on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/12/2014 Page 69 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item G-9 #2014-344 - Approving Redemption of General Obligation Refunding Bonds, Series 2009 Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 11/12/2014 Page 70 / 76 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:November 12, 2014 Subject:Approving Redemption of General Obligation Refunding Bonds, Series 2009 Item #s:G-9 Presenter(s):Jaye Monter, Finance Director Background On September 9, 2014, City Council approved the Fiscal Year 2014-2015 Annual Single City Budget and Annual Appropriations Bill. Included in the Fiscal Year 2014-2015 budget is the appropriation to retire the City of Grand Island General Obligation Refunding Bonds Series 2009. During the 2014-2015 budget process, the early retirement of debt allowed a larger portion of the .3241 mill levy to be used as a revenue source in the General Fund. Use of General Fund cash reserves is reflected in the 2014-2015 budget cash transfer to retire the debt obligation in the Debt Service Fund. Discussion The City of Grand Island General Obligation Refunding Bonds, Series 2009, date of original issue June 16, 2009 are outstanding in the amount of $1,390,000 and are payable on December 15 in the years 2014 through 2017. The various purpose bonds began in January of 2002 in the amount of $4,370,000 to fund various street and alley improvements, particularly the Street Improvement District 1221 which improved South Locust Street from Highway 34 to Stolley Park Road. These Bonds are subject to redemption any time following June 14, 2014. The interest rate on the Bonds maturing December 15, 2014 is 2.55%, the rate on the Bonds maturing December 15, 2015 is 2.85%, the rate on the Bonds maturing December 15, 2016 is 3.10% and the rate on the Bonds maturing December 15, 2017 is 3.25%. Grand Island Council Session - 11/12/2014 Page 71 / 76 The redemption of the outstanding bonds requires a cash outflow of $1,390,000 and accrued interest of $20,480, which is reflected in the 2014-2015 budget cash transfer of $1,450,000 from the General Fund to the Debt Service Fund. Interest savings of $67,120 would be incurred by retiring the bonds early. If Council approves the redemption of these bonds, the Bonds will be called for payment on December 15, 2014. The paying agent and registrar for the Bonds is Cornerstone Bank. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Resolution to redeem the City of Grand Island General Obligation Refunding Bonds, Series 2009. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the Resolution to redeem the City of Grand Island NE General Obligation Refunding Bonds Series 2009. Sample Motion Move to approve the redemption of the City of Grand Island NE General Obligation Refunding Bonds Series 2009. Grand Island Council Session - 11/12/2014 Page 72 / 76 DIRECTION FOR CALL GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009 OF THE CITY OF GRAND ISLAND, IN THE STATE OF NEBRASKA (the “Refunded 2009 Bonds”), Section 1. That the following maturities of the Refunded 2009 Bonds of the City of Grand Island, Nebraska (the “City”) are hereby irrevocably called for redemption on December 15, 2014: General Obligation Refunding Bonds, Series 2009, issued by the City, date of original issue – June 16, 2009, in the outstanding principal amount of One Million Three Hundred Ninety Thousand Dollars ($1,390,000), numbered as shown on the books of the Paying Agent and Registrar, becoming due, and bearing interest as follows (the “Called 2009 Bonds”): Principal Amount Maturing December 15 of Year Interest Rate CUSIP $ 330,000 2014 2.55%385622 PA7 345,000 2015 2.85 385622 PB5 350,000 2016 3.10 385622 PC3 365,000 2017 3.25 385622 PD1 The Called 2009 Bonds are subject to redemption at any time on or after June 16, 2014, at the principal amount thereof plus accrued interest to the date fixed for redemption, and said interest is payable semiannually. Section 2. The Called Bonds are to be paid off at the office of Cornerstone Bank, York, Nebraska, (the “Paying Agent”) as paying agent and registrar. Section 3. This Direction for Call is a determination by the undersigned with respect to redemption of the Called Bonds, as called for in the resolution of the Mayor and City Council of the City adopted on November 12, 2014, and the actions and determinations made herein pursuant to said resolution are and shall constitute the action of the City without further action of the Mayor and City Council of the City. Section 4. A copy of this Direction for Call shall be filed with the Paying Agent, not less than thirty days prior to said date fixed for redemption of the Called Bonds. The Paying Agent is hereby directed to mail notice to all registered owners of the Called Bonds to be redeemed not less than thirty days prior to the date fixed for redemption in accordance with ordinance authorizing the issuance of the Called Bonds and to take all other actions deemed necessary in connection therewith. Dated as of the 12th day of November, 2014. By: Mayor Grand Island Council Session - 11/12/2014 Page 73 / 76 Approved as to Form ¤ ___________ November 7, 2014 ¤ City Attorney RESOLUTION 2014-344 RESOLUTION CALLING GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009 FOR REDEMPTION BE IT RESOLVED by the Mayor and City Council of the City of Grand Island, Nebraska, as follows: Section 1.That the following bonds issued by the City of Grand Island, Nebraska (the "City") are hereby authorized to be called for redemption at par plus accrued interest on such date as set forth in the Direction for Call (as defined below): General Obligation Refunding Bonds, Series 2009, dated June 16, 2009, in the principal amount of $1,390,000, becoming due December 15, 2014 through December 15, 2017 (the "Called Bonds"), all inclusive, issued for the purpose of providing funds for refunding $2,925,000 Various Purpose Bonds, Series 2002, of the City, date of original issue, January 15, 2002, all as set out in the ordinance authorizing the Called Bonds, and to pay costs of issuance of the Called Bonds. Section 2.The Called Bonds are subject to redemption at any time on or after June 16, 2014 and are payable at the office of the Paying Agent and Registrar, Cornerstone Bank, York, Nebraska. Section 3. The Mayor and the City Finance Director of the City (each, an “Authorized Officer”) are hereby authorized at any time on or after the date of this Resolution to direct the call for redemption of said bonds on behalf of the City and such direction, when made in writing (the “Direction for Call”), shall constitute the action of the City without further action of the Mayor and Council of the City. The call date shall be set for any time on or after November 15, 2014 but shall be no later than February 1, 2015, and after such date the Authorized Officers shall have no authority to make any such determination hereunder without further action of the Mayor and Council of the City and this Resolution shall be of no further force and effect. Section 4.A copy of this Resolution and the Direction for Call shall be filed at least thirty (30) days prior to the date of call with the Cornerstone Bank, York, Nebraska, as Paying Agent and Registrar and said Paying Agent and Registrar is hereby instructed to give notice of redemption in the manner provided for in the ordinance authorizing said bonds. - - - Grand Island Council Session - 11/12/2014 Page 74 / 76 Adopted by the City Council of the City of Grand Island, Nebraska, November 12, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/12/2014 Page 75 / 76 City of Grand Island Wednesday, November 12, 2014 Council Session Item J-1 Approving Payment of Claims for the Period of October 29, 2014 through November 12, 2014 The Claims for the period of October 29, 2014 through November 12, 2014 for a total amount of $10,257,848.97. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 11/12/2014 Page 76 / 76