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12-22-2014 City Council Regular Meeting Packet City of Grand Island Monday, December 22, 2014 Council Session Packet City Council: Linna Dee Donaldson Michelle Fitzke Chuck Haase Julie Hehnke Vaughn Minton Mitchell Nickerson Mike Paulick Roger Steele Mark Stelk Mayor: Jeremy Jensen City Administrator: City Clerk: RaNae Edwards 5:30 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 12/22/2014 Page 1 / 117 City of Grand Island Monday, December 22, 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 Julio Venegas, First United Methodist Church 4190 West Capital 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 - 12/22/2014 Page 2 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item E-1 Public Hearing on Request from Zoul Hospitality LLC dba Willman’s Nebraska Bottle Market, 404 South Webb Road for a Catering Designation to Class “C-99204” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 12/22/2014 Page 3 / 117 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:December 22, 2014 Subject:Public Hearing on Request from Zoul Hospitality LLC dba Willman’s Nebraska Bottle Market, 404 South Webb Road for a Catering Designation to Class “C-99204” Liquor License Item #’s:E-1 & I-1 Presenter(s):RaNae Edwards, City Clerk Background Zoul Hospitality LLC dba Willman’s Nebraska Bottle Market, 404 South Webb Road has submitted an application for a catering designation to their Class “C-99204” Liquor License. This request would allow Willman’s Nebraska Bottle Market to deliver, sell or dispense alcoholic liquors, including beer, for consumption at a location designated on a Special Designated License (SDL). Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Police, and Health Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Grand Island Council Session - 12/22/2014 Page 4 / 117 Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application for a catering designation from Zoul Hospitality LLC dba Willman’s Nebraska Bottle Market, 404 South Webb Road Liquor License “C- 99204”. Grand Island Council Session - 12/22/2014 Page 5 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item E-2 Public Hearing on Request from Grand Island Public Schools for Reconsideration of a Conditional Use Permit Submitted by John and Gloria Trejo for Off Street Parking located at 622 North Jefferson Street Staff Contact: Craig Lewis Grand Island Council Session - 12/22/2014 Page 6 / 117 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:December 22, 2014 Subject:Request of Grand Island Public Schools for Reconsideration of a Conditional Use Permit Submitted by John and Gloria Trejo to Construct a Parking Lot at 622 North Jefferson Street Item #’s:E-2 & 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 parking lot at the above referenced address. The property is currently zoned R-4 High Density Residential and as such a parking lot is a listed conditional use. 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. This request came before the City Council on August 12, 2014, that approval has been determined invalid because of residency issues with a City Council Member (see attached opinion from the City Attorney). Discussion This proposal is to construct a parking lot on a residential zoned property south of Jefferson school. The property is located south of the school and southwest of the intersection of 7th St. and Jefferson St. A dwelling and garage currently exist on the site, and it appears they would be removed to facilitate the construction and provide parking for the elementary school. Because the property is zoned R-4 the landscaping regulations provided in the City code would be required. As a plan of the proposed construction has not been provided with this application I would suggest that the following items will need to be included as part of the construction permit; permanent type, dust free surface in conformance with section 36-96, and landscaping as provided in section 36-102, the Grand Island Council Session - 12/22/2014 Page 7 / 117 landscape provisions in the City code would require a ten foot landscape buffer adjacent to the streets, and plantings of one canopy tree, one understory tree, and three shrubs. A 4’ tall chain link fence is proposed along the west and south property lines to buffer the adjacent residential property and no lighting is proposed at this time. 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 with the condition that all applicable city code sections including landscaping are provided in compliance with the City Code and 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. Sample Motion Move to reconsider 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 - 12/22/2014 Page 8 / 117 Grand Island Council Session - 12/22/2014 Page 9 / 117 OPINION OF THE GRAND ISLAND CITY ATTORNEY (2014-08) TO: Mary Lou Brown, Grand Island City Administrator FROM: Robert J. Sivick, Grand Island City Attorney RE: Issues Related to Former Councilmember Kent Mann’s Residency DATE: October 24, 2014 I have been asked to offer my opinion regarding legal issues arising out of former Grand Island City Councilmember Kent Mann’s (Mann) change of residency. This document constitutes my opinion. I. IS MANN ELIGIBLE TO CONTINUING SERVING AS A MEMBER OF THE GRAND ISLAND CITY COUNCIL? No. The City of Grand Island does not elect its City Council representatives at large but by district. Accordingly, Neb. Rev. Stat. §16-302.01 requires all persons serving as Councilmembers be registered voters and residents of the Ward they are seeking to or actually representing. This is no longer an issue as Mann tendered his resignation earlier today. II. WHEN DID MANN BECOME INELIGIBLE TO SERVE AS A MEMBER OF THE GRAND ISLAND CITY COUNCIL? My understanding is on August 4, 2014 Mann, who represented Ward 1, closed on the purchase of a house located in Ward 5. Since his intent was to reside in this new house (which he does presently) he became ineligible to represent Ward 1 or serve as a member of the Council on August 4th, the day he took legal possession of his new residence. III. DID MANN CAST A VOTE AS A MEMBER OF THE COUNCIL BETWEEN AUGUST 4 AND OCTOBER 24, 2014 THAT AFFECTS THE VALIDITY OF ANY COUNCIL ACTION? Yes, on one matter. During the timeframe Mann was ineligible, the Council held a total of nine meetings. Those meetings consisted of five regular, three special, and one study session meeting. Mann attended all of them. The Study Session meeting held on September 23, 2014 is of no concern as the Grand Island Council Session - 12/22/2014 Page 10 / 117 2 Council cannot take formal action during that type of meeting. Therefore, I focused my efforts on reviewing the votes of Mann during the five regular and four special meetings of the Council. In doing so I reviewed the minutes of each meeting. With the exception of the minutes of the October 14, 2014 regular meeting, all have been approved by the Council. I assume the minutes of the October 14th meeting will be approved during the upcoming October 28th meeting and if so this opinion will remain valid. I did not concern myself with any motions to approve or second a motion to approve made by Mann. Those are procedural matters and in themselves do not constitute official action by the Council unlike a formal vote. Although Grand Island City Code §2-7 states Roberts Rules of Order shall “guide” the Council in its proceedings, those Rules do not themselves carry the weight of law. Since parliamentary procedural issues such as motions, seconding motions, etc. do not constitute official action, any actions by Mann in this regard are not matters of legal concern. I also examined the minutes of the meetings during the period in question to determine if a quorum would not have existed if Mann had been absent. A quorum for all the regular and special meetings would have been reached regardless of Mann’s attendance. I did not concern myself with Mann’s votes on approving the Consent Agenda as during each regular meeting held during the period in question those votes were unanimous and the total votes cast for approval exceeded six, making Mann’s votes inconsequential. I concentrated on examining the minutes for the regular and special meetings during the period in question with regard to votes cast by Mann regarding waiver of the statutory rules regulating the approval of ordinances, motions to approve, to amend, or votes to override vetoes. Mann’s votes on all these matters did not affect the final decision of the Council with one exception. On August 12, 2014 the Council considered a request from John and Gloria Trejo for a Conditional Use Permit to allow off street parking at 622 North Jefferson Street for the benefit of the Grand Island Public Schools. A motion was made to amend the request to require a six foot Grand Island Council Session - 12/22/2014 Page 11 / 117 3 privacy fence on the South and West sides of the property. Councilmembers Paulick, Stelk, Gericke, Haase, and Donaldson voted aye while Minton, Gilbert, Nickerson, Hehnke, and Mann voted no. The vote being tied, Mayor Vavricek cast the deciding no vote resulting in the failure of the motion. Without Mann’s no vote the motion would have been 5-4 and still failed as Mayor Vavricek was opposed and presumably would not cast a sixth deciding vote in favor. However, the Council then voted upon the main motion, that being to approve the request as originally proposed. Councilmembers Minton, Stelk, Nickerson, Donaldson, and Mann voted aye while Paulick, Gericke, Gilbert, Hehnke, and Haase voted no. Again Mayor Vavricek broke the tie by casting the deciding aye vote. Unlike the motion to amend, if Mann did not vote on this matter, the result would have been 4-5 in favor and Mayor Vavricek’s aye vote would not constitute the necessary sixth vote to grant the request. Correcting the situation through a motion to reconsider would not be appropriate as the action to be reconsidered was not valid in the first place. Rather, this matter must come back before the Council anew so there is no uncertainty regarding the property rights of Mr. and Mrs. Trejo or the Grand Island Public Schools. I would recommend the Council vote to grant the request so the City is not subject to liability resulting from a possible civil suit arising from the detrimental reliance by the Trejos and the Grand Island Public Schools on the invalid action of the Council. If you need any additional information do not hesitate to contact me. Grand Island Council Session - 12/22/2014 Page 12 / 117 7TH ST W J E F F E R S O N S T N LOCATION MAP ¯ 622 N Jefferson St Grand Island Council Session - 12/22/2014 Page 13 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item E-3 Public Hearing on Request to Rezone Property Located at 2228 North Webb Road from CD Commercial Development to Amended CD Commercial Development Staff Contact: Chad Nabity Grand Island Council Session - 12/22/2014 Page 14 / 117 Council Agenda Memo From:Regional Planning Commission Meeting:December 22, 2014 Subject:To Rezone Properties from CD Commercial Development to Amended Commercial Development Zone. Item #’s:E-3, F-1 & G-8 Presenter(s):Chad Nabity AICP, Regional Planning Director Background A request to change the zoning for property described as Lot 10 Grand Island Mall 8th and Lot 2 of Grand Island Mall 15th Subdivision, also known as 2228 North Webb Road, Grand Island, from CD Commercial Development to Amended Commercial Development Zone. The subject property is located west of Webb Road and south of Capital Avenue in the City of Grand Island, Hall County, Nebraska. (C-01-2015GI) This proposed development would create 2 additional lots within the development. New parking would be created on the west side of the building and the existing building would be remodeled with a street and pedestrian corridor through the center connecting the 281 and Webb Road sides of the building. No new access drives are being requested or would be approved with this plan. The CD Zone allows for up to 50% of the property to be covered with buildings. The proposed coverage within this development at full development as shown is well below the maximum coverage. Attached is the memo from the Planning Director to the Planning Commission regarding this project. The project as proposed is consistent with the redevelopment plan approved for Tax Increment Financing and the enhanced employment area occupation tax. Approval of this rezoning will also include approval of the Subdivision for Grand Island Mall Seventeenth Subdivision. Discussion At the regular meeting of the Regional Planning Commission, held December 3, 2014 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Grand Island Council Session - 12/22/2014 Page 15 / 117 Nabity explained the rezone request. O’Neill closed the Public Hearing. A motion was made by Bredthauer and to approve the rezone. Motion was seconded by Ruge to approve the Rezone from CD – Commercial Redevelopment Zone to Amended CD – Commercial Redevelopment Zone. A roll call vote was taken and the motion passed with 10 members present and 9 voting in favor (Bredthauer, Ruge, Maurer, Robb, Heckman, Haskins, Sears, Connelly and Kjar) and one member abstaining (O’Neill). The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 12/22/2014 Page 16 / 117 Agenda Item 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: November 19, 2014 SUBJECT:Concerning change of zoning for property located described as Lot 10 Grand Island Mall 8th and Lot 2 of Grand Island Mall 15th, also known as 2228 N. Webb Road, Grand Island NE, from CD Commercial Development to Amended CD Commercial Development Zone. (C-01-2015GI) PROPOSAL:This proposed development would create 2 additional lots within the development one on the east side of the existing building. New parking would be created on the west side of the building and the existing building would be remodeled with a street and pedestrian corridor through the center connecting the 281 and Webb Road sides of the building. No new access drives are being requested or would be approved with this plan. The CD Zone allows for up to 50% of the property to be covered with buildings. The proposed coverage within this development at full development as shown is well below the maximum coverage. Grand Island Council Session - 12/22/2014 Page 17 / 117 OVERVIEW: Site Analysis Current zoning designation:CD-Commercial Development Zone. Permitted and conditional uses:Commercial, Office and Retail Uses Comprehensive Plan Designation: Commercial development Existing land uses.Retail development and vacant property Adjacent Properties Analysis Current zoning designations:South and East CD Commercial Development Zone North: B1- Light Business West: B2 General Business Permitted and conditional uses:CD – Commercial, office and retail uses as permitted and built according to the approve development plan. B2- Commercial, office, retail and service uses along with residential uses up to a density of 43 units per acre. B1 limited commercial, office, and interior retail to support the immediate neighborhood and residential uses up to a density of 43 units per acre. Comprehensive Plan Designation:North, South, East and West: Designated for commercial development and uses. Existing land uses:North: Gordman Property Retail Development East: Webb Road, Taco John, Burger King, Strip Commercial West: U.S. Highway 281 and Commercial Uses South: Shopko, and Northwest Crossings Commercial Development EVALUATION: Positive Implications: Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for commercial development. Is infill development. This development is using property that is within the existing functional and legal boundaries of the City of Grand Island. This is a piece of property that is in need of redevelopment. The City and the Community Redevelopment Authority have already approved the use of Tax Increment Financing to further this project. Accessible to Existing Municipal Infrastructure: Water and sewer services are available to service the area. Grand Island Council Session - 12/22/2014 Page 18 / 117 Monetary Benefit to Applicant: Would allow the applicant to further develop this site. Negative Implications: None foreseen Other Considerations Commercial development zones allow up to 50% of the property within the CD zone to be covered with buildings. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the amended CD zoning district and final development plan as shown. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 12/22/2014 Page 19 / 117 Grand Island Council Session - 12/22/2014 Page 20 / 117 November 18, 2014 Dear Members of the Board: RE: Rezoning – A request to rezone the properties from CD Commercial Development to Amended Commercial Development in the City of Grand Island, Hall County, Nebraska. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a rezone request to the Grand Island Zoning Map from CD Commercial Development to Amended Commercial Development Zone. As shown on the enclosed map. You are hereby notified that the Regional Planning Commission will consider this zoning change at the next meeting that will be held at 6:00 p.m. on December 3, 2014 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: City Clerk City Attorney City Public Works City Building Department City Utilities This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 12/22/2014 Page 21 / 117 November 18, 2014 Dear Members of the Board: RE: Preliminary & Final Plat – Grand Island Mall 17th Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Grand Island Mall 17th Subdivision, located in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 4 lots, on a tract of land comprising of a replat of all of Lot 10, Grand Island Mall 8th Subdivision and all of Lot 2, Grand Island Mall 15th Subdivision, all in the City of Grand Island, Hall County, Nebraska, said tract containing 16.43 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on December 3, 2014 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Building Department City Utilities Manager of Postal Operations Olsson Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 12/22/2014 Page 22 / 117 Grand Island Council Session - 12/22/2014 Page 23 / 117 Grand Island Council Session - 12/22/2014 Page 24 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item F-1 #9515 - Consideration of Request to Rezone Property Located at 2228 North Webb Road from CD Commercial Development to Amended CD Commercial Development This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 12/22/2014 Page 25 / 117 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9515 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; amending the Commercial Development district and Final Development Plan for Grand Island Mall Seventeenth Subdivision (Lots 1, 2, 3, 4, 5 and Outlot A Inclusive); directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the final development plan for Grand Island Mall Seventeenth Subdivision is amended as shown on the development plan approved and signed by the Subdivider and the City with the Subdivision agreement. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: December 22, 2014. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 26 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-1 Approving Minutes of December 9, 2014 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 12/22/2014 Page 27 / 117 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 9, 2014 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on December 9, 2014. Notice of the meeting was given in The Grand Island Independent on December 3, 2014. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Linna Dee Donaldson, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Mark Stelk, Mike Paulick, and Vaughn Minton. Councilmember Chuck Haase was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works Director John Collins. INVOCATION was given by Pastor Gary Schulte, Evangelical Free Church, 2609 South Blaine Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council members Marlena Ramirez, Allie Richardson, and Diego Tum-Monge. PRESENTATIONS AND PROCLAMATIONS: Recognition of Service of Councilmember John Gericke. Mayor Vavricek presented Councilmember John Gericke with a plaque and recognized his service to the community as Councilmember for Ward 5. Recognition of Service of Councilmember Peg Gilbert. Mayor Vavricek presented Councilmember Peg Gilbert with a plaque and recognized her service to the community as Councilmember for Ward 2. Recognition of Service of Jaye Monter Finance Director. Mayor Vavricek presented Finance Director Jaye Monter with a plaque and recognized her service to the community as City Treasurer/Finance Director. Ms. Monter thanked the City for the opportunity to serve as Finance Director. Recognition of Service of Mary Lou Brown City Administrator. Mayor Vavricek presented City Administrator Mary Lou Brown with a plaque and recognized her service to the community as City Administrator. Ms. Brown appreciated the leadership and fantastic employees of the City of Grand Island and would take many wonderful memories with her. She stated she would return to Colorado and go into retirement. Grand Island Council Session - 12/22/2014 Page 28 / 117 Page 2, City Council Regular Meeting, December 9, 2014 SPECIAL ITEMS: Approving Minutes of November 25, 2014 City Council Regular Meeting. Motion by Gericke, second by Minton to approve the minutes of the November 25, 2014 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. Approving Payment of Claims for the Period of November 26, 2014 through December 9, 2014. Motion by Donaldson, second by Hehnke to approve the payment of claims for the period of November 26, 2014 through December 9, 2014 for a total amount of $8,586,397.15. Unanimously approved. Acceptance of Election Certificate: Motion by Gilbert, second by Gericke to accept the Election Certificate for the November 4, 2014 General Election. Upon roll call vote, all voted aye. Motion adopted. Comments by Outgoing Elected Official Councilmember John Gericke: Councilmember Gericke thanked the people of Ward 4 and stated it was an exciting time to serve. Mentioned were several projects that had been completed over his four year term. Comments by Outgoing Elected Official Councilmember Peg Gilbert: Councilmember Gilbert commented on the new direction of Grand Island and the new leadership. She thanked the citizens of Grand Island for their support along with the citizens from Ward 2. Also thanked were the colleagues on the Council, past and present, city staff, and her family. Comments by Outgoing Elected Official Mayor Jay Vavricek: Tom O’Neill, 2017 Barbara Avenue thanked the outgoing officials for their service. Mayor Vavricek reflected on eight years of public service and the last four years of work. He stated there were 185 meetings and countless study session topics. He thanked the people of Grand Island, City Council, city staff, and family. Mentioned were the highlights of the last four years. Recess: Motion by Gilbert, second by Paulick to recess at p.m. 7:38 p.m. for the transition to the new governing body. Upon roll call vote, all voted aye. Motion adopted. Council reconvened at 7:48 p.m. Administration of Oath to Newly Elected Mayor and Councilmembers: City Clerk RaNae Edwards administered the Oath of Office to newly elected Mayor Jeremy Jensen. Ms. Edwards then administered the Oath of Office to newly elected Councilmembers Roger Steele – Ward 2 and Michelle Fitzke – Ward 5 and returning Councilmember’s Vaughn Minton – Ward 1, Mitchell Nickerson – Ward 4 and Linna Dee Donaldson – Ward 3. Seating of Newly Elected Councilmembers followed by Roll Call: The following members were present: Mayor Jeremy Jensen, Councilmembers Mitch Nickerson, Mark Stelk, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Chuck Haase was absent. Comments by Newly Elected Officials: Grand Island Council Session - 12/22/2014 Page 29 / 117 Page 3, City Council Regular Meeting, December 9, 2014 Councilmember’s Roger Steele, Michelle Fitzke, Mitch Nickerson, Linna Dee Donaldson and Vaughn Minton each thanked the citizens of Grand Island for the opportunity to represent them. They also thanked their families, friends and looked forward to moving forward. Mayor Jensen acknowledged his family and their support. He stated he was humbled and excited to be here. Election of City Council President: City Clerk RaNae Edwards reported that the City Council was required to elect one Councilmember to the office of Council President for a term of one year and that the Council President automatically assumed the duties of the Mayor in the event that the Mayor was absent or otherwise unable to fulfill his duties. Nebraska law allows the election of the Council President to be by secret ballot. The total number of votes for each candidate; however, must be stated and recorded in the Minutes. Past practice has included a run-off election between the top two nominees, if necessary. The City Clerk prepared and distributed ballots. Councilmember Minton nominated Councilmember Nickerson. Councilmember Hehnke nominated Councilmember Donaldson. There were no further nominations. City Clerk RaNae Edwards called for the first ballot. It was reported that Councilmember Donaldson had received 5 votes and Councilmember Nickerson had received 3 votes. Mayor Jensen case the sixth and deciding vote for Councilmember Donaldson. Mayor Jensen declared Councilmember Donaldson the new Council President for 2015. PUBLIC HEARINGS: Public Hearing on Request from Estanislao LLC dba La Cocina Mexican Restaurant, 2418 N. Webb Road, Suite A for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from Estanislao LLC dba La Cocina Mexican Restaurant, 2418 N. Webb Road, Suite A. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on November 13, 2014; notice to the general public of date, time, and place of hearing published on December 3, 2014; notice to the applicant of date, time, and place of hearing mailed on November 13, 2014; along with Chapter 4 of the City Code. Staff recommended denial based on the Police Department report of a false application, character and reputation issues with Gemelo Mario Leon-Garcia, spouse of Gabrielle Gutierrez – Liquor Manager applicant, along with hidden ownership. Gemelo Mario Leon-Garchia and Gabrielle Gutierrez were present to speak in support. No further public testimony was heard. Public Hearing on Acquisition of Public Utility Easement for Hall County Sanitary Sewer District 2 (SID 2) [Dale L. Bockmann]. Public Works Director John Collins reported that acquisition of a public utility easement was needed for the Hall County Sanitary Sewer District 2. 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. Grand Island Council Session - 12/22/2014 Page 30 / 117 Page 4, City Council Regular Meeting, December 9, 2014 ORDINANCES: Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9513 - Consideration of Vacation of Utility Easement in Lot One (1) and Lot Two (2), Elder 4th Subdivision #9514 - Consideration of Creation of Water Main District 467T - Engleman Road from Old Potash Highway, South for One-Half (1/2) Mile 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. Utilities Director Tim Luchsinger reported that Ordinance #9513 would vacate a utility easement across Lots One (1) and Lot Two (2) in Elder 4th Subdivision. He stated this easement was no longer needed by the City and the property owner had requested it be vacated. Ordinance #9514 would create Water Main District 467T along Engleman Road from Old Potash Highway, south for 1/2 mile. The construction was the first phase to complete the westerly loop of the water system and would provide future development and fire protection for this portion of the City. The district would be constructed as a tap district where fees would not be collected until the user connects to the main. Motion by Paulick, second by Hehnke to approve Ordinances #9513 and #9514. City Clerk: Ordinances #9513 and #9514 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9513 and #9514 on second and final reading. All those in favor of the passage of these ordinances on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9513 and #9514 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent agenda item G-7 (#2014-366) was pulled from the agenda for further discussion. Motion by Paulick, second by Hehnke to approve the Consent Agenda excluding item G-7 (#2014-366). Upon roll call vote, all voted aye. Motion adopted. #2014-360 - Approving Surety Bonds for Mayor and City Councilmembers. #2014-361 - Approving City Council Meeting Schedule for 2015. Grand Island Council Session - 12/22/2014 Page 31 / 117 Page 5, City Council Regular Meeting, December 9, 2014 #2014-362 - Approving Change Order #1 with Meylan Enterprises, Inc. of Omaha, NE for Precipitator, Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station for an Increase of $9,931.74 and a Revised Contract Amount of $129,536.34. #2014-363 - Approving Temporary Construction Easements for South Blaine Street Bridge Replacements; Project No. 2014-B-1 (Country Club Holding Association, LLC). #2014-364 - Approving Acquisition of Public Utility Easement for Hall County Sanitary Sewer District 2 (SID 2) [Dale L. Bockmann]. #2014-365 - Approving Temporary Construction Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (Ummel & Spiehs). #2014-366 - Approving Request from the GRACE Foundation for Permission to Use City Streets and State Highway for a 10K Race and 2-Mile Family Fun Run. Executive Director for Race for GRACE Angie Ziller, 324 West 18th Street spoke in support. Discussion was held regarding insurance for special events. It was requested that the special events insurance issue be brought back to the December 22, 2014 City Council meeting for further review. Motion by Donaldson, second by Nickerson to approve Resolution #2014-366. Upon roll call vote, all voted aye. Motion adopted. #2014-367 - Approving State Bid Award for (1) 2015 Dodge Grand Caravan for the Parks & Recreation Department with Lincoln Dodge Inc. of Lincoln, NE in an Amount of $21,543.00. #2014-368 - Approving Bid Award for George Park Sidewalk/Trail Project for the Parks & Recreation Department with Diamond Engineering Company of Grand Island, NE in an Amount of $86,444.35. #2014-369 - Approving the following State Contract Purchases for Police Department Vehicles: 3 Ford TPI sedans / Sid Dillon Ford - State award #14148. $ 26,552.00 ea. 3 Ford Expeditions / Anderson Ford - State award #1415. $ 31,254.00 ea. 2 Ford PUV SUVs / Anderson Ford - State award #14128. $27,220.00 ea. 2 Ford Fusion sedans / Anderson Ford – State award #14117. $17,517.00 ea. 1 Dodge Pickup truck / Roy’s Grand Dodge – Quote - $ 17,689.00 ea. for a total cost of $ 280,581.00. RESOLUTIONS: #2014-370 - Consideration of Request from Estanislao LLC dba La Cocina Mexican Restaurant, 2418 N. Webb Road, Suite A for a Class “I” Liquor License and Liquor Manager Designation for Gabriella Gutierrez, 112 West 1st Street, McCook, NE. This item was related to the aforementioned Public Hearing. Grand Island Council Session - 12/22/2014 Page 32 / 117 Page 6, City Council Regular Meeting, December 9, 2014 Motion by Donaldson, second by Minton to deny Resolution #2014-370 based on the Police Department report of a false application, character and reputation issues with Gemelo Mario Leon-Garcia, spouse of Gabrielle Gutierrez – Liquor Manager applicant, along with hidden ownership. Upon roll call vote, all voted aye. Motion adopted. #2014-371 - Consideration of Approving Appointment of City Clerk RaNae Edwards MMC. Mayor Jensen reported he was submitting the appointment of RaNae Edwards MMC as City Clerk to coincide with the Mayor’s term of office. Motion by Paulick, second by Hehnke to approve Resolution #2014-371. Upon roll call vote, all voted aye. Motion adopted. #2014-372 - Consideration of Approving Appointment of City Engineer/Public Works Director John Collins P.E. Mayor Jensen reported he was submitting the appointment of John Collins P.E. as City Engineer/Public Works Director to coincide with the Mayor’s term of office. Motion by Hehnke, second by Minton to approve Resolution #2014-372. Upon roll call vote, all voted aye. Motion adopted. #2014-373 - Consideration of Approving Appointment of Interim Treasurer/Finance Director William Clingman. Mayor Jensen reported he was submitting the appointment of William Clingman as Interim City Treasurer/Finance Director until such time as another appointment was made. Motion by Stelk, second by Paulick to approve Resolution #2014-373. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:32 p.m. RaNae Edwards City Clerk Grand Island Council Session - 12/22/2014 Page 33 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-2 Approving Re-Appointments of John Hoggatt and Roger Bullington to the Grand Island Facilities Corporation Mayor Jensen has submitted the re-appointments of John Hoggatt and Roger Bullington to the Grand Island Facilities Corporation board. The appointments would become effective immediately upon approval by the City Council and would expire on November 30, 2017. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2014 Page 34 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-3 Approving Re-Appointments to the Electrical Board The following individuals have expressed their willingness to serve on the City of Grand Island Electrical Board for the year 2015. Denise Kozel, Master Electrician; Kent Sundberg, Journeyman Electrician; Brady Blauhorn, Utility Department Representative; Terry Klanecky, General Public Representative; Kurt Griess and Craig Lewis, Building Department as Ex-Officio members. The above recommendations are made in compliance with the Grand Island City Code. These appointments would become effective January 1, 2015 upon approval by the City Council and would expire on December 31, 2015. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2014 Page 35 / 117 Grand Island Council Session - 12/22/2014 Page 36 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-4 Approving Re-Appointments to the Mechanical Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Mechanical Examining Board for the year 2015. Mike McElroy, Master Gas Fitter; Loren Peterson, Gas Company Representative; Scott Hilligas, Master Gas Fitter; Mike Myers, Master Gas Fitter; Todd Bredthauer, Journeyman Gas Fitter; Tom O'Neill, Community Member; Russ Shaw, Plumbing Inspector for the Building Department and Craig Lewis, Building Department Director - Ex Officio. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. These appointments would become effective January 1, 2015 upon approval by the City Council and would expire on December 31, 2015. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2014 Page 37 / 117 Grand Island Council Session - 12/22/2014 Page 38 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-5 Approving Re-Appointments to the Plumbers Examining Board The following individuals have expressed their willingness to serve on the City of Grand Island Plumbing Board for a two year term 2015/2016. Rick Eberl and Ryan Logue, Master Plumbers; Jeremy Collinson, Health Department; and Craig Lewis and David Scoggins, Building Department Ex- Officio's. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. These appointments would become effective January 1, 2015 upon approval by the City Council and would expire on December 31, 2016. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2014 Page 39 / 117 Grand Island Council Session - 12/22/2014 Page 40 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-6 Approving Appointment of Glen Murray to the Community Redevelopment Authority Board Mayor Jensen has submitted the appointment of Glen Murray to the Community Redevelopment Authority board to replace Michelle Fitzke. This appointment will become effective immediately upon approval by the City Council and will expire on September 30, 2015. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2014 Page 41 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-7 Approving Appointment of Dean Sears to the Interjurisdictional Planning Commission Mayor Jensen has submitted the appointment of Dean Sears to the Interjurisdictional Planning Commission to replace Dennis McCarty. This appointment will become effective immediately upon approval by the City Council and will expire on May 24, 2015. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2014 Page 42 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-8 #2014-374 - Approving Preliminary and Final Plat and Subdivision Agreement for Grand Island Mall 17th Subdivision This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 12/22/2014 Page 43 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-374 WHEREAS EIG Grand Island, LLC, and Indiana Limited Liability Company, being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “GRAND ISLAND MALL SEVENTEENTH SUBDIVISION”, to be laid out into 4 lots, a Replat of all of Lot 10, Grand Island Mall 8th Subdivision and all of Lot , Grand Island Mall 15th Subdivision, all in the City of Grand Island, Hall County, Nebraska, West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of GRAND ISLAND MALL SEVENTENTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 44 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-9 #2014-375 - Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads for Calendar Year 2015 Staff Contact: John Collins, P.E.- Public Works Director Grand Island Council Session - 12/22/2014 Page 45 / 117 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:December 22, 2014 Subject:Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads for Calendar Year 2015 Item #’s:G-9 Presenter(s):John Collins PE, Public Works Director Background Each year the City and the Nebraska Department of Roads enter into an agreement for the maintenance of Highways within the City Limits. The certification that calendar year 2014 work was performed by the City will be presented at the first January 2015 City Council meeting. The agreement for 2015 has been prepared. The content and scope of the agreement is the same as that of previous years. Discussion The maintenance responsibilities by statute are detailed in Exhibit A of the agreement. Calculations for payments are detailed in Exhibit B. Surface maintenance and snow removal responsibilities from an operational efficiency stand point are detailed in Exhibit C. The net result of this exchange of services for 2015 will be a payment to the City of $35,672.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 12/22/2014 Page 46 / 117 Recommendation City Administration recommends that the Council pass a resolution approving Maintenance Agreement No. 12 for calendar year 2015. Sample Motion Move to approve Maintenance Agreement No. 12 for calendar year 2015. Grand Island Council Session - 12/22/2014 Page 47 / 117 Grand Island Council Session - 12/22/2014 Page 48 / 117 Grand Island Council Session - 12/22/2014 Page 49 / 117 Grand Island Council Session - 12/22/2014 Page 50 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-375 WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into Maintenance Agreement No. 12 with the State of Nebraska Department of Roads with respect to the maintenance of state highways within the corporate limits of Grand Island; and WHEREAS, this agreement requires annual renewal by both parties thereto; and WHEREAS, it is in the best interest of the City of Grand Island to approve Maintenance Agreement No. 12 to be effective January 1, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Maintenance Agreement No. 12 between the City and the State of Nebraska Department of Roads for the term January 1, 2015 through December 31, 2015 is hereby approved; and 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, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 51 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-10 #2014-376 - Approving Agreement for Engineering Consulting Services Related to Webb Road - Union Pacific Railroad Crossing to Highway 30 Drainage Study; Project No. 2015-D-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/22/2014 Page 52 / 117 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:December 22, 2014 Subject:Approving Agreement for Engineering Consulting Services Related to Webb Road - Union Pacific Railroad Crossing to Highway 30 Drainage Study; Project No. 2015-D-1 Item #’s:G-10 Presenter(s):John Collins PE, Public Works Director Background With the roadway and drainage improvements along Webb Road, north from Stolley Park Road to the Union Pacific Railroad (UPRR) crossing, additional upgrades are being studied north of the UPRR crossing. This section of Webb Road right-of-way has a lack of drainage, with only a private detention cell serving the area (shown on attached map). Such detention cell has no outlet and the bank of the cell is beginning to erode putting various utility and public infrastructure at harm. As such, this study will look at options to fix this cell, at possibly connecting this cell to the city system and changing local drainage patterns to flow to this cell or some additional pipe. The Engineering Division put together a Request for Qualifications (RFQ) solicitation package for five (5) of the 2015 Capital Improvement Projects (CIP). The consultants had the option to submit for as many or as few of the projects they felt their firm was qualified for. The request was for engineering services for the 2015 construction season for the selected projects. Each project was evaluated on the predetermined criteria (detailed in the RFQ) and will be awarded to the consultant that scores the best on that particular project, regardless of the consultant’s qualifications on another project. Project 1 – Sterling Estates Fourth Subdivision Paving District No. 1262; Construction Services Project 2 – Stolley Park Road Pavement Maintenance and Intersection Study; Project No. 2015-P-1 Project 3 – Swift Road Paving District No. 1263 Project 4 – Webb Road – Union Pacific Railroad to US Highway 30 Drainage Study 2015-D-1 Grand Island Council Session - 12/22/2014 Page 53 / 117 Project 5 – 3rd Street & Wheeler Avenue Intersection Improvements Project No. 2015- P-2 On October 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for Webb Road – Union Pacific Railroad Crossing to Highway 30 Drainage Study; Project No. 2015-D-1, with seven (7) potential respondents. Discussion Seven (7) engineering firms submitted qualifications for the engineering services for Webb Road – Union Pacific Railroad Crossing to Highway 30 Drainage Study; Project No. 2015-D-1. EA Engineering, Science, and Technology, Inc. of Lincoln, 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%) Compensation for EA Engineering, Science, and Technology, Inc.’s design services will be provided on a time and materials basis with a maximum fee of $39,800.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement with EA Engineering, Science, and Technology, Inc. of Lincoln, Nebraska, in the amount of $39,800.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 12/22/2014 Page 54 / 117 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES FOR THE 2015 CAPITAL IMPROVEMENT PROJECTS RFP DUE DATE:November 6, 2014 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:October 22, 2014 SUMMARY OF PROPOSALS RECEIVED Olsson Associates EA Engineering Grand Island, NE Lincoln, NE Schemmer Alfred Benesch & Company Lincoln, NE Grand Island, NE Kirkham Michael Speece Lewis Engineers Omaha, NE Lincoln, NE JEO Consulting Group, Inc. Grand Island, NE cc:John Collins, Director Public Works Terry Brown, Public Works Mary Lou Brown, City Administrator Jaye Monter, Finance Director Catrina DeLosh, Public Works Stacy Nonhof, Assistant City Attorney P1775 Grand Island Council Session - 12/22/2014 Page 55 / 117 %#2+6#.+/2418'/'06241,'%64'37'56(1437#.+(+%#6+10 241,'%6Ä9'$$41#&&4#+0#)'567&; &#6'1%61$'4 &4#90$;/5161 #228&$;--74< 5%#.' Grand Island Council Session - 12/22/2014 Page 56 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-376 WHEREAS, on October 22, 2014 the Engineering Division of the Public Works Department advertised for engineering services for Webb Road – Union Pacific Railroad Crossing to Highway 30 Drainage Study; Project No. 2015-D-1; and WHEREAS, on November 6, 2014 seven (7) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria EA Engineering, Science, and Technology, Inc. of Lincoln, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and EA Engineering, Science, and Technology, Inc. of Lincoln, Nebraska wish to enter into an Engineering Services Agreement to provide engineering consulting services for such project; and WHEREAS, an amendment will be brought before council at a later date to address construction phase services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and EA Engineering, Science, and Technology, Inc. of Lincoln, Nebraska for engineering design services related to Webb Road – Union Pacific Railroad Crossing to Highway 30 Drainage Study; Project No. 2015-D-1, in the amount of $39,800.00, 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, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 57 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-11 #2014-377 - Approving Agreement for Engineering Consulting Services Related to 3rd Street and Wheeler Avenue Intersection Improvements; Project No. 2015-P-2 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/22/2014 Page 58 / 117 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:December 22, 2014 Subject:Approving Agreement for Engineering Consulting Services Related to 3rd Street and Wheeler Avenue Intersection Improvements; Project No. 2015-P-2 Item #’s:G-11 Presenter(s):John Collins PE, Public Works Director Background This project will allow for several improvements of the downtown 3rd Street and Wheeler Avenue intersection. To make the intersection more pedestrian friendly bump outs will be added, in addition to the installation of storm sewer and replacement of existing water main. This project will work in conjunction with the attached park design as well. The Engineering Division put together a Request for Qualifications (RFQ) solicitation package for five (5) of the 2015 Capital Improvement Projects (CIP). The consultants had the option to submit for as many or as few of the projects they felt their firm was qualified for. The request was for engineering services for the 2015 construction season for the selected projects. Each project was evaluated on the predetermined criteria (detailed in the RFQ) and will be awarded to the consultant that scores the best on that particular project, regardless of the consultant’s qualifications on another project. Project 1 – Sterling Estates Fourth Subdivision Paving District No. 1262; Construction Services Project 2 – Stolley Park Road Pavement Maintenance and Intersection Study; Project No. 2015-P-1 Project 3 – Swift Road Paving District No. 1263 Project 4 – Webb Road – Union Pacific Railroad to US Highway 30 Drainage Study 2015-D-1 Project 5 – 3rd Street & Wheeler Avenue Intersection Improvements Project No. 2015-P-2 On October 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for the 3rd Street and Wheeler Avenue Intersection Improvements; Project No. 2015-P-2, with seven (7) potential respondents. Grand Island Council Session - 12/22/2014 Page 59 / 117 Discussion Four (4) engineering firms submitted qualifications for the engineering services for 3rd Street and Wheeler Avenue Intersection Improvements; Project No. 2015-P-2. JEO Consulting Group, Inc. of Lincoln, 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%) Compensation for JEO Consulting Group, Inc.’s design services will be provided on a time and materials basis with a maximum fee of $56,685.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement with JEO Consulting Group, Inc. of Lincoln, Nebraska, in the amount of $56,685.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 12/22/2014 Page 60 / 117 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES FOR THE 2015 CAPITAL IMPROVEMENT PROJECTS RFP DUE DATE:November 6, 2014 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:October 22, 2014 SUMMARY OF PROPOSALS RECEIVED Olsson Associates EA Engineering Grand Island, NE Lincoln, NE Schemmer Alfred Benesch & Company Lincoln, NE Grand Island, NE Kirkham Michael Speece Lewis Engineers Omaha, NE Lincoln, NE JEO Consulting Group, Inc. Grand Island, NE cc:John Collins, Director Public Works Terry Brown, Public Works Mary Lou Brown, City Administrator Jaye Monter, Finance Director Catrina DeLosh, Public Works Stacy Nonhof, Assistant City Attorney P1775 Grand Island Council Session - 12/22/2014 Page 61 / 117 9%#2+6#.+/2418'/'06241,'%64'37'56(1437#.+(+%#6+10241,'%6Ä4&564''6 9*''.'4+06'45'%6+10+/2418'/'065&#6'1%61$'4&4#90$;/5161#228&$;--74<5%#.'NGrand IslandCouncil Session - 12/22/2014Page 62 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-377 WHEREAS, on October 22, 2014 the Engineering Division of the Public Works Department advertised for engineering services for 3rd Street and Wheeler Avenue Intersection Improvements; Project No. 2015-P-2; and WHEREAS, on November 6, 2014 four (4) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria JEO Consulting Group, Inc. of Lincoln, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and JEO Consulting Group, Inc. of Lincoln, Nebraska wish to enter into an Engineering Services Agreement to provide engineering consulting services for such project; and WHEREAS, an amendment will be brought before council at a later date to address construction phase services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and JEO Consulting Group, Inc. of Lincoln, Nebraska for engineering design services related to 3rd Street and Wheeler Avenue Intersection Improvements; Project No. 2015-P-2, in the amount of $56,685.00, 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, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 63 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-12 #2014-378 - Approving Agreements with NDOR- Rail and Public Transit for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2014- 2015 Fiscal Years TRANSIT Transportation Planning Program. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/22/2014 Page 64 / 117 Council Agenda Memo From: Terry Brown PE, Assistant Public Work Director Meeting: December 22, 2014 Subject: Approving Agreements with NDOR- Rail and Public Transit for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2014- 2015 Fiscal Years TRANSIT Transportation Planning Program Item #’s:G-12 Presenter(s): John Collins PE, Public Works Director Background All agreements must be approved by the City Council. In March 2013 the City of Grand Island was designated as a urbanized area with a population over 50,000 which requires the metropolitan area to establish a transportation planning process in accordance with Title 23 CFR 450 of the current federal transportation bill. On an annual basis, the MPO developes a Unified Planning Work Program (UPWP), which identifies work activities to be performed during the fiscal year. The UPWP is approved by the MPO Policy Board and City Council. The UPWP is then submitted to the Department of Roads for review, and forwarded for approval for federal reimbusment by the Federal Highway Administration, and Federal Transit Administration. Discussion The Nebraska Department of Roads-Rail and Public Transit has drawn up Program Agreements with the City of Grand Island for the purpose of assisting the Local Public Agency (LPA) in obtaining Federal financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the Grand Island Metropolitan Planning Area for Fiscal Years 2014 and 2015. When reimbursement was initiated it was discovered that agreements for the TRANSIT planning portion of the UPWP had not been executed. The attached are the two (2) agreements with the Department of Roads. Grand Island Council Session - 12/22/2014 Page 65 / 117 The maximum Federal participation under the FY 2014 (July 1, 2013 – June 30, 2014), Unified Planning Work Program (UPWP) was not to exceed $21,433 for FY 2014 The maximum Federal participation under the approved FY 2015 Unified Planning Work Program (UPWP) is not to exceed $21,891 for FY 2015. During FY 2014 (July 1, 2013 – June 30, 2014), the City incurred $ 1,621.25, eligible expenses for 80% federal transit reimbursment. This federal reimbursement in the amount of $1,296.90 will be received once the agreement is executed. The FY 2015 agreement, which began July 1, 2014 and ends June 30, 2015 requires council approval in order to receive future reimbursments. The Federal share for the FY 2015 transit planning portion of this project will be a maximum of 80% of the eligible costs. The local 20% ($) funds would be the City’s obligation not to exceed $5,472.75 and can be part of inkind services (staff time & expenses). Total cost is expected to be $27,363.75 for the MPO transit planning portion. 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 authorizes the Mayor to sign the FY 2014 and FY 2015 agreements. Sample Motion Move to approve authorization for the Mayor to sign the agreements. Grand Island Council Session - 12/22/2014 Page 66 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-378 WHEREAS, the Nebraska Department of Roads has prepared a Planning Agreement for Fiscal Year 2014 & Fiscal Year 2015 for the City of Grand Island for the purpose of providing partial funding of Grand Island Area Metropolitan Planning Organization’s (GIAMPO) transportation planning activities scheduled to be performed commencing July 1, 2013, as outlined in the Unified Planning Work Program attached to such agreements; and WHEREAS, the maximum amount of cash support from the State under such agreement is $21,433.00 of 49 USC Section 5305 funds for Fiscal Year 2014; and WHEREAS, the maximum amount of cash support from the State under such agreement is $21,891.00 of 49 USC Section 5305 funds for Fiscal Year 2015; and WHEREAS, an agreement for each Fiscal Year with the Nebraska Department of Roads is required to proceed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the agreements with the Nebraska Department of Roads for the purpose of providing partial funding of Grand Island Area Metropolitan Planning Organization’s (GIAMPO) transportation planning activities scheduled to be performed commencing July 1, 2013, as outlined in the Unified Planning Work Program attached to such agreements is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the Planning Agreement for Fiscal Year 2014 & Fiscal Year 2015. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 67 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-13 #2014-379 - Approving Agreement for Engineering Consulting Services Related to Stolley Park Road Pavement Maintenance and Intersection Study; Project No. 2015-P-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/22/2014 Page 68 / 117 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:December 22, 2014 Subject:Approving Agreement for Engineering Consulting Services Related to Stolley Park Road Pavement Maintenance and Intersection Study; Project No. 2015-P- 1 Item #’s:G-13 Presenter(s):John Collins PE, Public Works Director Background This project is for the improvement of the operation of Stolley Park Road in areas of lane use, traffic signals at existing and proposed intersections along the corridor and pavement evaluation for concrete pavement maintenance. On July 8, 2014 City Council approved No Parking on both sides of Stolley Park Road from US Highway 281 to South Locust Street. The Engineering Division put together a Request for Qualifications (RFQ) solicitation package for five (5) of the 2015 Capital Improvement Projects (CIP). The consultants had the option to submit for as many or as few of the projects they felt their firm was qualified for. The request was for engineering services for the 2015 construction season for the selected projects. Each project was evaluated on the predetermined criteria (detailed in the RFQ) and will be awarded to the consultant that scores the best on that particular project, regardless of the consultant’s qualifications on another project. Project 1 – Sterling Estates Fourth Subdivision Paving District No. 1262; Construction Services Project 2 – Stolley Park Road Pavement Maintenance and Intersection Study; Project No. 2015-P-1 Project 3 – Swift Road Paving District No. 1263 Project 4 – Webb Road – Union Pacific Railroad to US Highway 30 Drainage Study 2015-D-1 Project 5 – 3rd Street & Wheeler Avenue Intersection Improvements Project No. 2015- P-2 Grand Island Council Session - 12/22/2014 Page 69 / 117 On October 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for Stolley Park Road Pavement Maintenance and Intersection Study; Project No. 2015-P-1, with seven (7) potential respondents. Discussion Five (5) engineering firms submitted qualifications for the engineering services for Stolley Park Road Pavement Maintenance and Intersection Study; Project No. 2015-P-1. 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%) Compensation for Olsson Associates’ design services will be provided on a time and materials basis with a maximum fee of $79,300.00. Future amendments to this contract would include signal design and construction engineering. 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 agreement with Olsson Associates of Grand Island, Nebraska, in the amount of $79,300.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 12/22/2014 Page 70 / 117 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES FOR THE 2015 CAPITAL IMPROVEMENT PROJECTS RFP DUE DATE:November 6, 2014 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:October 22, 2014 SUMMARY OF PROPOSALS RECEIVED Olsson Associates EA Engineering Grand Island, NE Lincoln, NE Schemmer Alfred Benesch & Company Lincoln, NE Grand Island, NE Kirkham Michael Speece Lewis Engineers Omaha, NE Lincoln, NE JEO Consulting Group, Inc. Grand Island, NE cc:John Collins, Director Public Works Terry Brown, Public Works Mary Lou Brown, City Administrator Jaye Monter, Finance Director Catrina DeLosh, Public Works Stacy Nonhof, Assistant City Attorney P1775 Grand Island Council Session - 12/22/2014 Page 71 / 117 %#2+6#.+/2418'/'06241,'%64'37'56(1437#.+(+%#6+10241,'%6Ä561..';2#4-41#&/#4-+0) +06'45'%6+10567&;&#6'1%61$'4&4#90$;/5161#228&$;6$41905%#.'NGrand IslandCouncil Session - 12/22/2014Page 72 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-379 WHEREAS, on October 22, 2014 the Engineering Division of the Public Works Department advertised for engineering services for Stolley Park Road Pavement Maintenance and Intersection Study; Project No. 2015-P-1; and WHEREAS, on November 6, 2014 five (5) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and Olsson Associates of Grand Island, Nebraska wish to enter into an Engineering Services Agreement to provide engineering consulting services for such project; and WHEREAS, an amendment will be brought before council at a later date to address construction phase services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and Olsson Associates of Grand Island, Nebraska for engineering design services related to Stolley Park Road Pavement Maintenance and Intersection Study; Project No. 2015-P-1, in the amount of $79,300.00, 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, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 73 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item G-14 #2014-380 - Approving Change Order #1 - Cooling Tower Stacks and Fan Blades at Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 12/22/2014 Page 74 / 117 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:December 22, 2014 Subject:Cooling Tower Stacks and Fan Blades at Platte Generating Station Item #’s:G-14 Presenter(s):Timothy G. Luchsinger, Utilities Director Background A cooling tower is utilized by the circulating water system which condenses the steam exiting the turbine generating unit at the Platte Generating Station. The cooling tower fans blades and the fan stacks are made of fiberglass and require periodic replacement due to erosion, aging and ultra-violet light deterioration. The plant staff prepared specifications for the materials and labor to replace all of the fan blades and four of the five stacks on the cooling tower, the fifth stack having been replaced in 2013. Bidders were also allowed to bid various alternatives on the components that had the potential to be more cost effective replacements or improvements. The specifications were issued for bid and the contract was awarded by Council to the low responsive bidder, EvapTech, Inc., of Lenexa, Kansas for $204,466.00 on August 12, 2014. Discussion When replacing the fan blades, EvapTech noted blocks were needed under the fan deck for the fan cylinder support. EvapTech proposed to perform these items at an additional cost of $3,210.00, for a final contract cost of $207,676.00. This cost was based on unit pricing included in the original bid. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - 12/22/2014 Page 75 / 117 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends authorizing Change Order #1 to the Cooling Tower Stacks and Fan Blades at Platte Generating Station, for an addition to the contract price of $3,210.00 to EvapTech, Inc., of Lenexa, Kansas. Sample Motion Move to approve Change Order #1 from EvapTech, Inc., in the amount of $3,210.00 for the Cooling Tower Stacks and Fan Blades at Platte Generating Station. Grand Island Council Session - 12/22/2014 Page 76 / 117 TO:Evaptech, Inc. 8331 Nieman Road Lenexa, KS 66214-1511 913-428-1021 PROJECT:Cooling Tower Stacks and Fan Blades You are hereby directed to make the following change in your contract: 1 Additional payment per the attached spreadsheet. ADD: The original Contract Sum $204,466.00 Previous Change Order Amounts -$ The Contract Sum is increased by this Change Order 3,210.00$ The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date 207,676.00$ 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:Evaptech, Inc. By: _________________________________Date _________________________ $3,210.00 Change Order #1 Grand Island Council Session - 12/22/2014 Page 77 / 117 City of Grand Island Utilities Department General Work Contract - Change Order EWO 45 Cooling Tower Stacks and Fan Blades Comments:This additional work was identified after the PGS fall outage began. Contract: Fall 2014 Outage $204,466.00 Change Order Request Description Amount 001-Labor Additional cost for rental of Generator for Job $1,020.00 002-Labor Hurricane Blacks under the Fan Deck for Fan Cylinder in Cell A $2,190.00 003 004 005 006 007 008 Tax 224.70$ 009 010 011 012 013 014 015 Total (final) w/out tax $3,210.00 017 018 019 020 021 023 024 028 029 030 Total $3,210.00 Grand Island Council Session - 12/22/2014 Page 78 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-380 WHEREAS, EvapTech, Inc., of Lenexa, Kansas was awarded the contract for Cooling Tower Stacks and Fan Blades at Platte Generating Station at the August 12, 2014 City Council meeting; and WHEREAS, when replacing the fan blades, EvapTech noted blocks were needed under the fan deck for the fan cylinder support; and WHEREAS, the above described work was not included in the original scope of the project. WHEREAS, Change Order #1 was prepared for an increase in the amount of $3,210.00, resulting in a final contract amount of $207,676.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with EvapTech, Inc., of Lenexa, Kansas, resulting in an increased cost of $3,210.00, for a final contract price of $207,676.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2014. ____________________________________ Jeremy L. Jensen, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 79 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item H-1 Consideration of Request from Grand Island Public Schools for Reconsideration of a Conditional Use Permit Submitted by John and Gloria Trejo for Off Street Parking located at 622 North Jefferson Street This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Craig Lewis Grand Island Council Session - 12/22/2014 Page 80 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item I-1 #2014-381 - Consideration of Request from Zoul Hospitality LLC dba Willman’s Nebraska Bottle Market, 404 South Webb Road for a Catering Designation to Class “C-99204” Liquor License This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 12/22/2014 Page 81 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-381 WHEREAS, an application was filed by Zoul Hospitality LLC doing business as Willman’s Nebraska Bottle Market, 404 South Webb Road for a Catering Designation to Class "C-99204" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on December 12, 2014; such publication cost being $17.26; and WHEREAS, a public hearing was held on December 22, 2014 for the purpose of discussing such liquor license application for a catering designation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application for a catering designation. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 82 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item I-2 #2014-382 - Consideration of Rescinding Resolution #2014-99 Regarding Reimbursement for Insurance Expenses for Special Events Staff Contact: Robert Sivick Grand Island Council Session - 12/22/2014 Page 83 / 117 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:December 22, 2014 Subject:Consideration of Rescinding a Portion of Resolution 2014-99 Directing City Staff to Seek Reimbursement for Special Event Insurance Expenses Item #’s:I-2 Presenter(s): Robert J. Sivick, City Attorney Background Neb. Rev. Stat. §39-1359(2) requires any special event making use of the State highway system be approved by the governing body of the political subdivision in which the event takes place, acknowledges that political subdivision indemnifies the State of Nebraska for any liability arising from claims resulting from the event, and provides at least thirty days’ notice of the event to the Department of Roads. On April 22, 2014 the Grand Island City Council considered Resolution 2014-99 in compliance with the aforementioned statute regarding the State Fair marathon held on August 23, 2014. During consideration of that resolution a motion was made to amend it directing City staff to seek reimbursement from special event organizers for the additional insurance expense incurred by the City for such events. The amendment was approved by a vote of 8-2 and Resolution 2014-99 as amended was approved unanimously. On December 9, 2014 the Council approved Resolution 2014-366 regarding the Race for Grace event scheduled for April 11, 2015. During discussion of that matter Council President Donaldson raised concerns seeking reimbursement for expenses would reduce the funds available to the event sponsor for its charitable mission. Although the Council previously removed the fee for such events from the proposed City fee schedule during the last budget process, such removal does not rescind the Council’s action in amending Resolution 2014-99 directing City staff to recover such costs. The Resolution before the Council for consideration tonight does so. Grand Island Council Session - 12/22/2014 Page 84 / 117 Discussion Presently the City pays two thousand dollars annually for a special events liability insurance rider covering any and all events that involve use of the State highway system. If the Council approves Resolution 2014-382 City staff will no longer attempt to recoup the cost of that rider from special event sponsors. If the Council does not approve Resolution 2014-382 City staff will continue to attempt to collect those costs as previously directed by the Council. Alternatives It appears 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 has no recommendation regarding Resolution 2014-382. Sample Motion Move to approve Resolution 2014-382 rescinding the amendment to Resolution 2014-99 directing City staff to collect the additional insurance expense from sponsors of special events using the State highway system. Grand Island Council Session - 12/22/2014 Page 85 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-382 WHEREAS, on April 22, 2014 the Grand Island City Council amended Resolution 2014-99 directing City staff to collect additional insurance expenses from the sponsors of special events making use of the State highway system; and WHEREAS, on April 22, 2014 Resolution 2014-99 with the aforementioned amendment was approved by the Council; and WHEREAS, the Council no longer desires City staff to collect additional insurance expenses from sponsors of special events making use of the State highway system, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that City staff shall not collect additional insurance expenses from the sponsors of special events making use of the State highway system. Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor ATTEST: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 86 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item I-3 #2014-383 - Consideration of Approving Funding of Economic Development Request Staff Contact: Grand Island Council Session - 12/22/2014 Page 87 / 117 Council Agenda Memo From:Randy Gard, EDC President Meeting:December 22, 2014 Subject:Approving Economic Development Funding Request Item #’s:I-3 Presenter(s):Randy Gard, EDC President Background On November 6, 2012, the voters of the City of Grand Island approved a new ten year Economic Development Program. The program is in conformance with Neb. Rev. Stat. 18-2710 and provides for annual funding of $750,000 by the City. Discussion A request has been received from the Grand Island Area Economic Development Corporation, duly approved by the Citizen’s Review Committee for payment of $350,000. Funding will be used for administrative and community marketing purposes. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for funds. 2.Disapprove or Deny the request for funds. 3.Modify the Resolution to meet the wishes of the Council. 4.Table the issue. Recommendation City Administration recommends that the Council approve the request for funds. Sample Motion Move to approve the request for funds to allow payment of $350,000 to the Grand Island Area Economic Development Corporation. Grand Island Council Session - 12/22/2014 Page 88 / 117 Grand Island Council Session - 12/22/2014 Page 89 / 117 Grand Island Council Session - 12/22/2014 Page 90 / 117 2014 Review – 2015 Plan Grand Island Council Session - 12/22/2014 Page 91 / 117 Current LB-840 projectsCurrent LB-840 projects Active Projects •Bosselman Tank & Trailer –Add 8 employees –Expires February 2017 •Chief Industries –Add 41 employees –Expires May 2017 •Rogue Manufacturing –Add 12 employees –Expires December 2015 Forgiven Projects in 2014 •Case IH –Add 100 employees –Forgiven January 2014 •Hastings Foods –Add 35 employees –Forgiven April 2014 **Four applications are pending** Grand Island Council Session - 12/22/2014 Page 92 / 117 2004-2014 2004-2014 Historical Trend of LB-840Historical Trend of LB-840 Grand Island Council Session - 12/22/2014 Page 93 / 117 LB-840 Funding StatusLB-840 Funding Status LB-840 balance as of 11/26/2014 $1,048,051 Request for LB-840 operational funds $350,000 *upon approval Commitments to area businesses for job creation ($279,000.00) Ending LB-840 job creation funds $419,029 Grand Island Council Session - 12/22/2014 Page 94 / 117 EDC LandEDC Land Platte Valley Industrial Park (3 lots / 19.2 acres) Platte Valley Industrial Park- East (280 acres) Homestead (160 acres) East & Homestead Cornhusker Industrial Park (226 Acres) Grand Island Council Session - 12/22/2014 Page 95 / 117 The formation of land LLCs are a critical component to GIAEDC’s business plan and add a layer the protection to the GIAEDC land assets. Grand Island Council Session - 12/22/2014 Page 96 / 117 2015 Marketing Efforts2015 Marketing Efforts •Redeveloped websitereleased in Q1 of 2015 –Global access based on “trigger” wordsand search engineoptimization •Increased usage of state-owned databases –LOIS –Synchronist •100% engagement withthe State DED •Virtual tour of PVIP &PVIP-E •PVIP-E Partnership Grand Island Council Session - 12/22/2014 Page 97 / 117 Additional ProjectsAdditional Projects The GIAEDC submitted an application to renew the Community’s Certified Economic Development Community status on December 1, 2014. Grand Island Council Session - 12/22/2014 Page 98 / 117 Collaborative, Cooperative, and Effective Partnerships Grow Grand Island PartnershipGrow Grand Island Partnership Grand Island Council Session - 12/22/2014 Page 99 / 117 Existing Businesses Community Assets Entrepreneurs Workforce Image GOAL: Maintain a business climate that supports growth of existing businesses in Grand Island. GOAL: Encourage entrepreneurship and provide necessary resources to support startup growth. GOAL: Promote a positive image and market the area to potential new businesses, workers, and visitors. GOAL: Improve education and skills attainment to develop a workforce that meets the needs of the community ’s employers. GOAL: Develop and enhance community assets that appeal to potential future businesses, residents, and visitors. Grand Island Council Session - 12/22/2014 Page 100 / 117 --Presence of Agribusiness Activity-- Competitive Sectors Developmental Sectors Grow Grand Island PartnershipGrow Grand Island Partnership Grand Island Council Session - 12/22/2014 Page 101 / 117 Utilization of LB-840 Utilization of LB-840 Operating FundsOperating Funds Grand Island Council Session - 12/22/2014 Page 102 / 117 The GIAEDC staff and Board of Trustees request approval of LB-840 operating funds, $350,000, for 2015. Grand Island Council Session - 12/22/2014 Page 103 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-383 WHEREAS, on November 6, 2012, the voters of the City of Grand Island approved a new ten year Economic Development Program in conformity with Neb. Rev. Statute No. 18-2710; and WHEREAS, the program provides for $750,000 in annual funding to be provided by the City of Grand Island; and WHEREAS, a request has been made by the Grand Island Area Economic Development Corporation and the Economic Development Program’s Citizens Advisory Review Committee for the payment of $350,000 to be used for administrative and community marketing purposes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is given to forward $350,000 in City funding to the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program in quarterly allocations of $87,500. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 104 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item I-4 #2014-384 - Consideration of Approving Appointment of Marlan Ferguson as City Administrator and Approving Employment Agreement Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 12/22/2014 Page 105 / 117 Council Agenda Memo From:Mayor Jeremy Jensen Meeting:December 22, 2014 Subject:Appointment of Marlan Ferguson as City Administrator and Employment Agreement Item #’s:I-4 Presenter(s):Mayor Jeremy Jensen Background According to Article III – Appointed and Hired Officials, Section 2-30 Officers; Appointive of the Grand Island City Code and Neb. Rev. Stat., §16-308, the Mayor is required to appoint statutory officers for his term. Statutory officers include: 1).City Administrator 2).City Attorney 3)City Clerk 4)City Engineer/Public Works Director 5)City Treasurer/Finance Director These officers also must be approved by the City Council. Discussion According to Grand Island City Code Section 2-30, I am requesting approval of Marlan Ferguson as City Administrator and approval of the Employment Agreement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the appointment of Marlan Ferguson as City Administrator. 2.Deny the appointment of Marlan Ferguson as City Administrator. Grand Island Council Session - 12/22/2014 Page 106 / 117 3.Ask the Mayor to reconsider his recommendation for the appointment of City Administrator. Recommendation City Council is recommended to approve the appointment of Marlan Ferguson as City Administrator and the Employment Agreement. Sample Motion Move to approve the appointment of Marlan Ferguson as City Administrator and the Employment Agreement. Grand Island Council Session - 12/22/2014 Page 107 / 117 Grand Island Council Session - 12/22/2014 Page 108 / 117 Grand Island Council Session - 12/22/2014 Page 109 / 117 Grand Island Council Session - 12/22/2014 Page 110 / 117 Grand Island Council Session - 12/22/2014 Page 111 / 117 Grand Island Council Session - 12/22/2014 Page 112 / 117 Grand Island Council Session - 12/22/2014 Page 113 / 117 Grand Island Council Session - 12/22/2014 Page 114 / 117 Grand Island Council Session - 12/22/2014 Page 115 / 117 Approved as to Form ¤ ___________ December 19, 2014 ¤ City Attorney R E S O L U T I O N 2014-384 WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Administrator for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, under Grand Island City Code, §2-30, the office of City Administrator for the City of Grand Island, Nebraska shall be appointed by the mayor and approved by the council; and WHEREAS, under Grand Island City Code, §2-35, the office of City Administrator for the City of Grand Island, Nebraska may be administered by a negotiated contract; and WHEREAS, the mayor has chosen on the basis of executive and administrative qualifications with special reference to actual experience, or knowledge of accepted practice in respect to the duties of the office, Marlan Ferguson, to hold the office of City Administrator for the City of Grand Island, Nebraska; and WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall hold the position to which they may be appointed until the end of the Mayor’s term of office; and WHEREAS, this position appointed by the Mayor may be removed at any time by the Mayor with approval of a majority of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a negotiated contract for the position of City Administrator is to be offered to Marlan Ferguson and he is hereby duly appointed the City Administrator for the City of Grand Island, Nebraska, beginning January 5, 2015 until the end of the Mayor’s term of office. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 22, 2014. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/22/2014 Page 116 / 117 City of Grand Island Monday, December 22, 2014 Council Session Item J-1 Approving Payment of Claims for the Period of December 10, 2014 through December 22, 2014 The Claims for the period of December 10, 2014 through December 22, 2014 for a total amount of $5,217,197.97. A MOTION is in order. Staff Contact: William Clingman Grand Island Council Session - 12/22/2014 Page 117 / 117