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01-27-2015 City Council Regular Meeting Packet City of Grand Island Tuesday, January 27, 2015 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 L. Jensen City Administrator: Marlan Ferguson City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 1/27/2015 Page 1 / 113 City of Grand Island Tuesday, January 27, 2015 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 Scott Jones, Third City Christian Church, 4100 West 13th Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 1/27/2015 Page 2 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item -1 Approving Appointment of Jeremy Jones to City Council - Ward 1 Mayor Jeremy Jensen has submitted the name of Jeremy Jones for appointment as Councilmember to represent Ward 1. This vacancy was created when Councilmember Kent Mann moved from the district. As is required by City Code Section 2-25, "The mayor shall fill by appointment any vacancy which may exist, caused by death, resignation or disability of any elective officer of the City. Such appointment of the mayor shall be subject, however, to approval of the majority of the council." A MOTION is in order. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 1/27/2015 Page 3 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item -2 Administration of Oath of Office to Newly Appointed Councilmember – Ward 1 City Clerk RaNae Edwards will administer the Oath of Office to newly appointed Councilmember Jeremy Jones - Ward 1. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 1/27/2015 Page 4 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item E-1 Public Hearing on Request to Rezone Property Located at 4413 East Highway 30 from M1 Light Manufacturing to M2 Heavy Manufacturing Staff Contact: Chad Nabity Grand Island Council Session - 1/27/2015 Page 5 / 113 Council Agenda Memo From:Regional Planning Commission Meeting:January 27, 2015 Subject:Rezone Properties from M1 Light Manufacturing Zone to M2 Heavy Manufacturing Zone Item #’s:E-1 & F-1 Presenter(s):Chad Nabity AICP, Regional Planning Director Background To change the zoning for a tract of land at 4413 U.S. Highway 30 and 4430 Capital Avenue in the S ½ of the SE ¼ of 01-11-09 from M1 – Light Manufacturing Zone to M2 – Heavy Manufacturing Zone. The subject property is located at the intersection of U.S. Highway 30 and Capital Avenue west of Gunbarrel Road. This is the former location of the Geer mobile home manufacturing plant. (C-02-2015GI) All of this property is currently zoned for light manufacturing. The owner did consider requesting a change to B2 General Business but Mayhew signs one of the primary tenants of the site requires either the M1 or M2 zoning district. Discussion At the regular meeting of the Regional Planning Commission, held January 7, 2015 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity explained the rezone request. Dan Lau, 2550 N Gunbarrel, Grand Island, NE spoke against the rezone request. His property is adjacent to 4430 Capital Ave., he is concerned about any changes to the slough that runs along the property could cause potential drainage issues. Rich Landell, 12079 South McGuire Rd., Shelton, NE, stated as long as he owns the property he didn’t have any plans to disturb the slough, he was just cleaning it up. Grand Island Council Session - 1/27/2015 Page 6 / 113 O’Neill closed the Public Hearing. A motion was made by Haskins and seconded by Robb to approve the rezone request as presented. A roll call vote was taken and the motion passed with 11 members present and 11 voting in favor (Bredthauer, Ruge, O’Neill, Maurer, Robb, Heckman, Haskins, Huismann, Sears, Connick and Kjar) and no one abstaining. 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 rezoning as presented. Grand Island Council Session - 1/27/2015 Page 7 / 113 Agenda Item 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: December 23, 2014 SUBJECT:Rezoning Request C-02-2015GI PROPOSAL:To change the zoning for a tract of land at 4413 U.S. Highway 30 and 4430 Capital Avenue in the S ½ of the SE ¼ of 01-11-09 from M1 – Light Manufacturing Zone to M2 – Heavy Manufacturing Zone. The subject property is located at the intersection of U.S. Highway 30 and Capital Avenue west of Gunbarrel Road. This is the former location of the Geer mobile home manufacturing plant. OVERVIEW: Site Analysis Current zoning designation:M1-Light Manufacturing Zone Permitted and conditional uses:M1: A variety of warehousing, manufacturing and back office uses but excluding residential and retail. Comprehensive Plan Designation:Mixed Use Manufacturing Existing land uses:Contractors Yard, Storage, Sign Manufacturing, Small Suites rentable for permitted uses Site constraints:none Adjacent Properties Analysis Current zoning designations:North and West:M2-Heavy Manufacturing South and East: B2-General Business and TA Transitional Agriculture Permitted and conditional uses:TA: Small Scale ag uses and limited residential B2: General Service, retail and wholesale commercial uses including outdoor sales, Billboards M2: A variety of warehousing, manufacturing, office and general retail uses excluding residential. Comprehensive Plan Designation: North South, East and West: Mixed Use Manufacturing Grand Island Council Session - 1/27/2015 Page 8 / 113 Existing land uses:North: Highway 30 and UP Rail Road South and East: Farm ground, Residential Uses, Mettenbrink Electric West: Highway and Aurora Coop Future Land Use Map 2004 Grand Island Comprehensive Plan Grand Island Council Session - 1/27/2015 Page 9 / 113 EVALUATION: The proposed rezoning is consistent with the comprehensive plan and the surrounding land uses. This use of this property has changed over the years from a single manufacturing facility to a variety of smaller commercial and manufacturing operations located at the site. The proximity to the highway and railroad (including the crossing) make this site appropriate for the more intense uses permitted in the heavy manufacturing district. Positive Implications: Consistent with intent of the City’s Comprehensive Plan: The City’s 2004 Comprehensive Plan has designated this site for mixed use manufacturing uses this allows for a range of zoning districts from light business to heavy manufacturing. Compatible with adjacent land uses: The M2 zone is consistent with the current zoning along the railroad and at the Aurora Coop site. Will permit all of the current uses and allow expanded uses consistent with the location along U.S. Highway 30: Uses such as the sign shop are permitted in the M1 and M2 zones and this will allow retail uses similar to those permitted in the B2 zones to the south and the east to locate here as well. Negative Implications: No negative implications foreseen. RECOMMENDATION: That the Regional Planning Commission recommends that the Grand Island City Council approve this request to amend the rezoning from M1 Light Manufacturing Zone to M2 Heavy Manufacturing Zone as presented. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 1/27/2015 Page 10 / 113 Grand Island Council Session - 1/27/2015 Page 11 / 113 Grand Island Council Session - 1/27/2015 Page 12 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item E-2 Public Hearing on Request to Rezone Property Located at 1114 East Capital Avenue from TA Transitional Agriculture to B2 General Business Staff Contact: Chad Nabity Grand Island Council Session - 1/27/2015 Page 13 / 113 Council Agenda Memo From:Regional Planning Commission Meeting:January 27, 2015 Subject:Rezone Properties from TA Transitional Agriculture to B2 – General Business Zone Item #’s:E-2 & F-2 Presenter(s):Chad Nabity AICP, Regional Planning Director Background A request to change the zoning for a tract of land in the SW ¼ of the SW ¼ of 29-11-09 from TA – Transitional Agriculture Zone to B2 - General Business Zone. The subject property is located east of the Nebraska Railroad Ord Line and north of Capital Avenue. A portion of this property adjacent to Capital Avenue is already zoned to B2. Discussion At the regular meeting of the Regional Planning Commission, held January 7, 2015 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity explained the rezone request. O’Neill closed the Public Hearing. A motion was made by Ruge and seconded by Huismann to approve the rezone as presented. A roll call vote was taken and the motion passed with 11 members present and 11 voting in favor (O’Neill, Connick, Huismann, Bredthauer, Ruge, Maurer, Robb, Heckman, Haskins, Sears, and Kjar) and no one abstaining. The memo sent to the planning commission with staff recommendation is attached for review by Council. Grand Island Council Session - 1/27/2015 Page 14 / 113 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 rezoning as presented. Grand Island Council Session - 1/27/2015 Page 15 / 113 Agenda Item 5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: December 23, 2014 SUBJECT:Rezoning Request C-04-2015GI PROPOSAL:To change the zoning for a tract of land in the SW ¼ of the SW ¼ of 29-11-09 from TA – Transitional Agriculture Zone to B2 - General Business Zone. The subject property is located east of the Nebraska Railroad Ord Line and north of Capital Avenue. A portion of this property adjacent to Capital Avenue is already zoned to B2. . OVERVIEW: Site Analysis Current zoning designation:TA-Transitional Agriculture Zone Permitted and conditional uses:TA: Small scale animanl ag uses, field crop and limited residential Comprehensive Plan Designation:Manufacturing Existing land uses:Storage and Warehousing Site constraints:none Adjacent Properties Analysis Current zoning designations:North:TA-Transitional Ag Zone South: R2-Low Density Residential, East and West: B2-General Business Permitted and conditional uses:TA: Small Scale ag uses and limited residential B2: General Service, retail and wholesale commercial uses including outdoor sales, Billboards R2: Residential Uses at a density of 7 dwelling units per acre, schools, churches and parks. Comprehensive Plan Designation: North: Manufacturing South: Low to Medium Density Residential East: Manufacturing West: Manufacturing Grand Island Council Session - 1/27/2015 Page 16 / 113 Existing land uses:North and South: Farm ground East: Vacant Business and houses West: House and Rail Road Tracks Future Land Use Map 2004 Grand Island Comprehensive Plan Grand Island Council Session - 1/27/2015 Page 17 / 113 EVALUATION: The proposed rezoning is consistent with the comprehensive plan and the surrounding land uses. This property is currently split between two zoning districts the proposed change makes the zoning consistent across the property Positive Implications: Consistent with intent of the City’s Comprehensive Plan: The City’s 2004 Comprehensive Plan has designated this site for manufacturing uses. Compatible with adjacent land uses: The B2 zone is consistent with the current zoning on surrounding properties. Provides a reasonable buffer along Capital Avenue: The B2 zone here will create more compatible buffer on the north side of Capital Avenue between potential manufacturing uses to the north and residential uses to the south Negative Implications: No negative implications foreseen. RECOMMENDATION: That the Regional Planning Commission recommends that the Grand Island City Council approve this request to amend the rezoning from TA Transitional Agriculture to B2 General Business as presented. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 1/27/2015 Page 18 / 113 Grand Island Council Session - 1/27/2015 Page 19 / 113 Grand Island Council Session - 1/27/2015 Page 20 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item E-3 Public Hearing on Acquisition of Public Utility Easement & Ingress/Egress Easement in Van Ohlen 3rd Subdivision (Shady Bend Villas, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/27/2015 Page 21 / 113 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:January 27, 2015 Subject:Public Hearing on Acquisition of Public Utility Easement & Ingress / Egress Easement in Van Ohlen 3rd Subdivision (Shady Bend Villas, LLC) Item #’s:E-3 & G-7 Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Public utility easements and an ingress/egress easement are needed in the Van Ohlen 3rd Subdivision to accommodate development of this area. The easements will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the utility easement & access to the new development. Discussion To allow for the accommodation of public utilities and access to the new development of this area is requested that a fifty (50) foot wide ingress/egress easement, as well as two (2), seven (7) foot wide utility easements be acquired by the City of Grand Island within the Van Ohlen 3rd Subdivision. 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 - 1/27/2015 Page 22 / 113 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve the acquisition of such easements. Sample Motion Move to approve the acquisition of the easements. Grand Island Council Session - 1/27/2015 Page 23 / 113 LOT 1 VAN OHLEN 3RD SUB 2013-1862PROJECT NO: DATE: 12.22.2014 FAX 308.384.8752TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street PROPOSED 7' WIDE UTILITY EASEMENT POB EASE. 'B' POB EASE. 'A' Grand Island Council Session - 1/27/2015 Page 24 / 113 LOT 1 VAN OHLEN 3RD SUB 2013-1862PROJECT NO: DATE: 12.22.2014 FAX 308.384.8752TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd StreetPROPOSED 50' WIDE INGRESS/EGRESS AND UTILITY EASEMENT POB EASE. Grand Island Council Session - 1/27/2015 Page 25 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item E-4 Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (Northwest Crossings, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/27/2015 Page 26 / 113 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:January 27, 2015 Subject:Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (Northwest Crossings, LLC) Item #’s:E-4 & G-8 Presenter(s):John Collins PE, Public Works Director Background Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City, Missouri have developed multi-year replacement plan for the City of Grand Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor, entitled the “North Interceptor” will replace aged force main sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. The new North Interceptor route was developed to incorporate, and partner with other utilities for the Capital Avenue Widening Project, and the new Headworks Pumping Station Project at the Wastewater Treatment Plant. This project is funded by SRF Project No. C317867-01, however easements, legal fees & administrative costs are not reimbursable by these funds. A phased approach of constructing the North Interceptor is as follows: Phase I - Wastewater Treatment Plant (WWTP) to 7th Street / Skypark Road Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue Phase II (Part B) - Broadwell Avenue to Webb Road Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19) Nebraska State Statutes stipulate that the acquisition of property requires a public hearing and approval by the City Council. A public utility easement is needed in the North Interceptor Phase II, Part C project to accommodate public utilities. The easement will allow for construction, operation, maintenance, extension, repair, replacement and removal of public utilities within the easement. Grand Island Council Session - 1/27/2015 Page 27 / 113 This project is funded by the State Revolving Funds (SRF) Project # is C317981-01. Discussion A permanent easement is needed from one (1) property owner in this project area. All documents have been signed and returned by the property owner. Authorization of the document is contingent upon City Council approval. Following is a summary of the payments, totaling $25,600.00, for the property. Tract No Owner Legal Total 14 Northwest Crossings, LLC THE NORTH 25.00 FEET OF LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7) AND EIGHT (8), BELS SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 9,510 SQUARE FEET OR 0.218 ACRES MORE OR LESS. $25,600.00 TOTAL $25,600.00 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 conduct a Public Hearing and approve acquisition of the Permanent Easement in the amount of $25,600.00. Sample Motion Move to approve the acquisition of the easement. Grand Island Council Session - 1/27/2015 Page 28 / 113 Grand Island Council Session - 1/27/2015 Page 29 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item F-1 #9517 - Consideration of Request to Rezone Property Located at 4413 East Highway 30 from M1 Light Manufacturing to M2 Heavy Manufacturing This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 1/27/2015 Page 30 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney ORDINANCE NO. 9517 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land in the Southwest Quarter of the Southeast Quarter (SW¼ SE¼) of Section One (1), Township Eleven (11) North, Range Nine (9), West of the Sixth P.M., in the City of Grand Island, Hall County, Nebraska, from M1 Light Manufacturing Zone to M2 Heavy Manufacturing Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on January 7, 2015, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on January 27, 2015, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from M1 Light Manufacturing Zone to M2 Heavy Manufacturing Zone: A tract of land comprising a part in the Southwest Quarter of the Southeast Quarter (SW¼ SE¼) of Section One (1), Township Eleven (11) North, Range Nine (9), West of the Sixth P.M., in Hall County, Nebraska, more particularly described as follows: Beginning at the Southwest corner of said Southwest Quarter of the Southeast Quarter (SW¼ SE¼); thence running Easterly on the South line of said Southwest Quarter of the Southeast Quarter (SW¼ SE¼), on an Assumed bearing of 89°04’31” E, a distance of Two Hundred Five (205.00) feet to the ACTUAL Point of Beginning and to a point on the Southeasterly Right-of-Way of U.S. Grand Island Council Session - 1/27/2015 Page 31 / 113 ORDINANCE NO. 9517 (Cont.) - 2 - Highway No. 30; thence running N 57°33’58” E, on the Southeasterly Right-of- Way line of U.S. Highway No 30, a distance of Sixty and Twelve Hundredths (60.12) feet; thence running S 89°04’24” E, a distance of Five Hundred Twenty Eight and Twenty Six Hundredths (528.26) feet; thence running N 00°55’13” E, a distance of Twenty Three (23.00) feet; thence N 88°49’07” W, a distance of One Hundred Eighty Three and Seventy Eight Hundredths (183.78) feet; thence running N 69°43’00” W, a distance of Sixty Three and Seventy One Hundredths (63.71) feet; thence running N 05°59’34” E, a distance of Sixty Nine (69.00) feet; thence running N 29°20’29” W, a distance of Twelve (12.00) feet, to a point on the Southeasterly Right-of-Way of U.S. Highway No. 30 and to a point on a curve; thence running Southeasterly on the Southeasterly Right-of-Way of U.S. Highway No. 30 and the arc of a curve to the left whose radius is Nineteen Thousand One Hundred Eighty Six and Sixty Three Hundredths (19,186.63) feet, the long chord of which bears N 62°18’19” E, a long chord distance of Three Hundred Twenty Five and Fourteen Hundredths (324.15) feet, to a point of tangency; thence running N 63°58’31’ E on the Southeasterly Right-of-Way of U.S. Highway No. 30, a distance of One Thousand Three Hundred Forty Five and Sixty Eight Hundredths (1345.68) feet, to a point on the Westerly line of Lot One (1), Hillman Subdivision; thence running S 19°10’18” W, on the westerly line of Lot One (1), Hillman Subdivision, a distance of One Hundred Ninety Seven and Twenty Seven Hundredths (197.27) feet, to the Southwest corner of Lot One (1), Hillman Subdivision; thence running N 65°34’43” E, on the Southerly Line of Lot One (1), Hillman Subdivision, a distance of One Hundred Twenty Three and Thirty Nine Hundredths (123.39) feet; thence running S 00°00’02” W on the Westerly line of Lots One (1) and Two (2), Hillman Subdivision and Kelly’s First subdivision, a distance of Seven Hundred Eighty Eight and Twenty Six Hundredths (788.26) feet, to the Southwest corner of Kelly’s First Subdivision and to a point on the South line of said Southwest Quarter of the Southeast Quarter (SW¼ SE¼); thence running N 89°04’31” W, on the South line of said Southwest Quarter of the Southeast Quarter (SW¼ SE¼), a distance of One Thousand Eight Hundred Eighty Two and Five Hundreds (1882.05) feet to the ACTUAL Point of beginning SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Grand Island Council Session - 1/27/2015 Page 32 / 113 ORDINANCE NO. 9517 (Cont.) - 3 - Enacted: January 27, 2015 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 33 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item F-2 #9518 - Consideration of Request to Rezone Property Located at 1114 East Capital Avenue from TA Transitional Agriculture to B2 General Business This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 1/27/2015 Page 34 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney ORDINANCE NO. 9518 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising a part of Lot 4 of Wilson’s Subdivision in the City of Grand Island, Hall County, Nebraska, from TA Transitional Agriculture Zone and B2 General Business Zone to B2 General Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on January 7, 2015, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on January 27, 2015, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from TA Transitional Agriculture Zone and B2 General Business Zone to B2 General Business Zone: A tract of land comprising a part of Lot Four (4), Wilson’s Subdivision, in part of the Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) of Section Three (3), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in Hall County Nebraska, more particularly described as follows: Beginning at a point on the south line of said Section Three (3), said point being Ninety Eight (98) feet east of the southwest corner of Lot Four (4), Wilson’s Subdivision; thence deflecting left 90°15’30” and running northerly, a distance of One Hundred Forty One and Three Hundredths (141.03) feet; thence westerly parallel to the south line of said Section Three (3), a distance of One Hundred Two and Fifty Six Hundredths (102.56) feet; to the easterly right-of-way line of the Union Pacific Grand Island Council Session - 1/27/2015 Page 35 / 113 ORDINANCE NO. 9518 (Cont.) - 2 - Railroad; thence northerly along the right-of-way line, a distance of Three Hundred Eight and Eighty Five Hundredths (308.85) feet; thence easterly parallel to the south line of said Section Three (3), a distance of One Hundred Forty Five and Five Tenths (145.5) feet; thence southerly parallel to said railroad right-of- way line, a distance of Four Hundred Fifty (450.0) feet, to the south line of said Section Three (3); thence westerly along the south line of said Section Three (3), a distance of Forty Seven and Five Tenths (47.5) feet to the place of beginning. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 27, 2015 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 36 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-1 Approving Minutes of January 13, 2015 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 1/27/2015 Page 37 / 113 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 13, 2015 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 January 13, 2015. Notice of the meeting was given in The Grand Island Independent on January 7, 2015. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Interim Finance Director William Clingman, City Attorney Robert Sivick, and Public Works Director John Collins. INVOCATION was given by Pastor Gary Harris, Messiah Lutheran Church, 708 North Locust Street followed by the PLEDGE OF ALLEGIANCE. Mayor Jensen introduced Community Youth Council member Marlena Ramirez. PRESENTATIONS AND PROCLAMATIONS: Recognition of Brad Foster, Horticulturist with the Parks and Recreation Department for 30 Years of Service with the City of Grand Island. Mayor Jensen and the City Council recognized Brad Foster, Horticulturist with the Park and Recreation Department for 30 years of service with the City of Grand Island. Parks and Recreation Director Todd McCoy commented on Mr. Foster’s service. Mr. Foster was present for the recognition. PUBLIC HEARINGS: Public Hearing on Request from Hollywoods LLC dba The Filling Station, 217 East Stolley Park Road for a Class “CK” Liquor License. This item was pulled from the agenda at the request of the applicant. Public Hearing on Acquisition of Utility Easement - 3133 W. U.S. Hwy. 34 - Stuhr Museum. Utilities Director Tim Luchsinger reported that reported that acquisition of a utility easement located at 3133 West U.S. Highway 34 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including water lines. The easement would be used to transfer the ownership of the water line from Stuhr Museum to the City. Staff recommended approval. No public testimony was heard. Staff recommended approval. No public testimony was heard. Grand Island Council Session - 1/27/2015 Page 38 / 113 Page 2, City Council Regular Meeting, January 13, 2015 ORDINANCES: Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9515 - Consideration of Request to Rezone Property Located at 2228 North Webb Road from CD Commercial Development to Amended CD Commercial Development (Second and Final Reading) 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 this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Regional Planning Director Chad Nabity reported that this was the second and final reading for a zoning change located at 2228 North Webb Road. The 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. Motion by Haase, second by Hehnke to approve Ordinance #9515 on second and final reading. City Clerk: Ordinance #9515 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on upon second and final passage, Ordinance #9515 is declared to be lawfully adopted upon publication as required by law. #9516 - Consideration of Amending the Salary Ordinance. This item was pulled from the agenda. CONSENT AGENDA: Item G-15 was pulled for further discussion. Motion by Donaldson, second by Paulick to approve the Consent Agenda excluding item G-15 (#2015-12). Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 22, 2014 City Council Regular Meeting. Approving Councilmember Appointments to Boards and Commissions. #2014-374 - Approving Preliminary and Final Plat and Subdivision Agreement for Grand Island Mall 17th Subdivision. It was noted that Grand Island Joint Venture, LLC, owners, had submitted the Preliminary and Final Plat and Subdivision Agreement for Grand Island Mall Seventeenth Subdivision for the purpose of creating 4 lots located at 2228 North Webb Road containing 16.43 acres. Grand Island Council Session - 1/27/2015 Page 39 / 113 Page 3, City Council Regular Meeting, January 13, 2015 #2015-1 - Approving Surety Bond for City Administrator Marlan Ferguson. #2015-2 - Approving Acquisition of Utility Easement - 3133 West U.S. Hwy. 34 - Stuhr Museum. #2015-3 - Approving Certificate of Final Completion for Water Main Project 2014-W-6 - Old Fair Road & Potash Highway with Van Kirk Brothers Contracting of Sutton, NE. #2015-4 - Approving Change Order #2 - Cooling Tower Stacks & Fan Blades at Platte Generating Station with EvapTech, Inc. of Lenexa, KS for an Increase of $7,800.00 and a Revised Contract Amount of $215,476.00. #2015-5 - Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2014. #2015-6 - Approving Purchase of a New Street Sweeper for the Streets Division of the Public Works Department from MacQueen Equipment of St. Paul, MN in an Amount of $189,555.00. #2015-7 - Approving Purchase of a New Chevrolet ½ Ton, Four-Wheel Drive, Extended Cab Pick-up for the Streets Division of the Public Works Department from Sid Dillon of Wahoo, NE in an Amount of $28,329.00. #2015-8 - Approving Designation of Sole Source Provider for Trojan UV Disinfection Lamps at the Wastewater Treatment Plant with MC2 Inc. of Omaha, NE. #2015-9 - Approving Bid Award for South Blaine Street Bridge Replacements; Project No. 2014-B-1 with The Diamond Engineering Co. of Grand Island, NE in an Amount of $384,983.95. #2015-10 - Approving Amendment No. 1 to Agreement for Engineering Consulting Services Related to South Blaine Street Bridge Replacements; Project No. 2014-B-1 with Alfred Benesch & Company of Lincoln, NE for an Increase of $55,878.81 and a Revised Agreement Amount of $114,957.29. #2015-11 - Approving Purchase of 25 Motorola Portable Radios from State Bid for the Fire Department from Platte Valley Communications of Grand Island, NE in an Amount of $31,111.25. #2015-12 - Approving Bid Award for Clubhouse Windows at Jackrabbit Run Golf Course with Pella Window & Doors of Grand Island, NE in an Amount of $17,598.83. Parks & Recreation Director Todd McCoy answered questions regarding cost and future of the building. Motion by Haase, second by Stelk to approve Resolution #2015-12. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 1/27/2015 Page 40 / 113 Page 4, City Council Regular Meeting, January 13, 2015 #2015-13 - Approving Bid Award for Metal Panel Roof for Bath House Building and Gazebo at Island Oasis Water Park with Steel Crafters, Inc. of Grand Island, NE in an Amount of $42,495.00. #2015-14 - Approving Bid Award for Upgrade of Wave Generation System at Island Oasis Water Park with Aquatic Development Group, Inc. of Cohes, NY in an Amount of $176,900.00. RESOLUTIONS: #2015-15 - Consideration of Request from Hollywoods LLC dba The Filling Station, 217 East Stolley Park Road for a Class “CK” Liquor License and Liquor Manger Designation for Tyson Juhl, 1314 Marshall Street, Wood River, NE. This item was pulled from the agenda at the request of the applicant. #2015-16 - Consideration of Approving FTE Amendment for the Finance Department. This item was pulled from the agenda. PAYMENT OF CLAIMS: Motion by Donaldson, second by Paulick to approve the Claims for the period of December 23, 2014 through January 13, 2015, for a total amount of $3,638,424.80. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 7:24 p.m. RaNae Edwards City Clerk Grand Island Council Session - 1/27/2015 Page 41 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-2 Approving Minutes of January 20, 2015 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 1/27/2015 Page 42 / 113 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION January 20, 2015 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on January 20, 2015. Notice of the meeting was given in the Grand Island Independent on January 14 2015. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following Councilmembers were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Michelle Fitzke was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Interim Finance Director William Clingman, City Attorney Robert Sivick, and Streets Superintendent Shannon Callahan. Mayor Jensen introduced Community Youth Council members Lauren Webb and Miranda Keiper and board member Randy See. SPECIAL ITEMS: Ambulance Billing Presentation by Life Line Billing Systems, LLC dba. LifeQuest Services. Fire Chief Cory Schmidt reported that this item was being brought back from the October 28, 2014 Council meeting to answer questions from Council. Currently the Finance Department was processing the billing of all ambulance department services. A Request for Proposals (RFP) was sent out in August 2014 in search of an Ambulance and Fire Department billing service provider. Three responses had been received and reviewed with a recommendation of approving a contract with Life Line Billing Systems, LLC, doing business as LifeQuest Services. Chief Schmidt introduced LifeQuest CEO Michael Finn and Client Relations/Sales Manager Tim Rosin who presented a PowerPoint regarding their services. The following advantages of a billing partner versus in-house were: results, expertise/experience, costs/efficiency, compliance, trained and certified expert staff and the technology they used. Mentioned were revenue recovery results, knowledge in Local, State and Federal Rules, Regulations and Laws, licensed/bonded collection agency, and internal compliance audits. The billing process would have a seamless workflow, information verification, hospital database accessibility, claim accountability, report card tracking, quality assurance, and accountability. All inquiries would be addressed promptly by knowledgeable and friendly bilingual staff. All incoming and outgoing calls would be digitally recorded. There would also be toll free access numbers with 24 hour customer service coverage from Sunday 4:30 p.m. through Friday 5:30 p.m. Reviewed was the implementation process. LifeQuest would assist with the billing database setup, all regulations, customized reporting and best practice assessments. They would train all Grand Island Council Session - 1/27/2015 Page 43 / 113 Page 2, City Council Study Session, January 20, 2015 personnel on documentation and medical necessity, train the trainers for ongoing sessions, and provide follow up training sessions via audio, webinar, or in person. They also would provide quarterly/annual reviews and comparative reports. Megan Wichman, 423 Maple Street, Dannebrog, NE spoke in support of keeping the ambulance billing in-house. Ms. Wichman answered questions regarding coding. Interim Finance Director William Clingman commented on the cost of keeping this in-house and the training needed. Discussion was held regarding a full-time in-house position, salary, difference in medical coding and ambulance coding, and training requirements. City Attorney Robert Sivick commented on the initial proposal submitted regarding an opt out clause. He stated this item could be brought back, but if anything other than the original proposal was approved it would have to be re-bid. Fire Division Chief Russ Blackburn answered questions regarding the process currently used at the City. Mr. Finn explained the collection process for late and/or delinquent bills. Phase I would be strictly billing at 6%, Phase 2 would be soft collection at a rate of 22%, and Phase 3 would be legal action on delinquent bills at a rate of 34%. Discussion was held regarding the options before council. Mr. Ferguson commented on the bottom line of increasing revenue for the City. ADJOURNMENT: The meeting was adjourned at 9:07 p.m. RaNae Edwards City Clerk Grand Island Council Session - 1/27/2015 Page 44 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-3 Approving Appointment of Interim Finance Director William Clingman to the Police Pension Committee and the Firefighters Pension Committee Mayor Jensen has submitted the appointment of Interim Finance Director William Clingman to the Police Pension Committee and the Firefighters Pension Committee board to replace Jaye Monter. This appointment will become effective immediately upon approval by the City Council and will expire on December 31, 2016. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 1/27/2015 Page 45 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-4 #2015-17 - Approving Bid Award for 2015 Turbine Valve Overhaul at Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/27/2015 Page 46 / 113 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:January 27, 2015 Subject:2015 Turbine Valve Overhaul Item #’s:G-4 Presenter(s):Timothy G. Luchsinger, Utilities Director Background An inspection and overhaul of the turbine valves at the Platte Generating Station is performed every 2.5 years. The next overhaul is scheduled for the April of this year. During this inspection, the turbine valves are completely disassembled and all components are cleaned, inspected, repaired or replaced as necessary. Specifications were developed by the plant maintenance staff to include all labor to open, inspect, clean, and close the turbine valves, with the Department to supply all required parts and materials. The specifications include time and material rates for additions or reductions in the repair labor amount as the amount of actual work is not known until the valves are disassembled and inspected. Discussion The specifications for the 2015 Turbine Valve Overhaul were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on January 13, 2015. The engineer’s estimate for this project was $350,000.00. Bidder Bid Price HPI Houston, Texas $ 144,997.02 S.T. Cotter Turbine Services, Inc. Clearwater, Minnesota $ 185,351.15 Plant staff reviewed the bids for compliance with the City’s detailed specifications, with both bids found to be acceptable and meeting the specification requirements. The low bid Grand Island Council Session - 1/27/2015 Page 47 / 113 from HPI was found compliant with the specifications and is less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council award the contract for the 2015 Turbine Valve Overhaul, to HPI of Houston, Texas, as the low responsive bidder, with the bid in the amount of $144,997.02. Sample Motion Move to approve the bid in the amount of $144,997.02, from HPI for the 2015 Turbine Valve Overhaul at Platte Generating Station. Grand Island Council Session - 1/27/2015 Page 48 / 113 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:January 13, 2015 at 2:00 p.m. FOR:2015 Turbine Valve Overhaul DEPARTMENT:Utilities ESTIMATE:$350,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:December 31, 2014 NO. POTENTIAL BIDDERS:8 SUMMARY Bidder:S.T. Cotter Turbine Services, Inc.HPI Clearwater, MN Houston, TX Bid Security:The Guarantee Co.SureTec Ins. Co. Exceptions:Noted Noted Bid Price: Material: ----$ 1,595.65 Labor:$185,351.15 $143,289.67 Sales Tax: TBD____$ 111.70 Total Bid:$185,351.15 $144,997.02 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Marlan Ferguson, City Administrator William Clingman, Interim Finance Director Pat Gericke, Utilities Admin. Assist.Karen Nagel, Utilities Secretary Darrell Dorsey, PGS Plant Supt. P1785 Grand Island Council Session - 1/27/2015 Page 49 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-17 WHEREAS, the City of Grand Island invited sealed bids for 2015 Turbine Valve Overhaul at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on January 13, 2015, bids were received, opened and reviewed; and WHEREAS, HPI of Houston, Texas, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $144,997.02; and WHEREAS, the bid of HPI is less than the estimate for 2015 Turbine Valve Overhaul at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of HPI of Houston, Texas, in the amount of $144,997.02, for 2015 Turbine Valve Overhaul, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 50 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-5 #2015-18 - Approving Change Order #1 with Lacy Construction for Construction of the Phelps Control Center Warehouse Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/27/2015 Page 51 / 113 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:January 27, 2015 Subject:Phelps Control Center New Warehouse Construction – Change Order #1 – Lacy Construction Company Item #’s:G-5 Presenter(s):Tim Luchsinger, Utilities Director Background On April 22, 2014, City Council approved a contract with Lacy Construction Company to build a new warehouse immediately north of Phelps Control Center. This warehouse is needed to replace an aging warehouse and move materials into a secure location. Construction completion is anticipated in March. Discussion Several increases to the total contract have occurred due to some unforeseen circumstances as well as some design changes mid-construction. During the initial dirt work, several old house foundations were discovered that had to be removed and properly backfilled prior to construction. Also, due to the concern of standing water on the north side of the warehouse during heavy rains, design changes were made to the storm water system to alleviate that problem. In addition, changes were made to the fire sprinkler system in order to comply with the Department insurance carrier requirements. The total for this change order is $51,723.00, increasing the contract amount by approximately 4.5% to $1,191,723.00, and includes a schedule extension to the contract. Alternatives It appears that the Council that 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 a future date Grand Island Council Session - 1/27/2015 Page 52 / 113 4. Take no action on the issue Recommendation City Administration recommends that Council award Change Order #1 to the Contract for Phelps Control Center New Warehouse to Lacy Construction Company in the amount of $51,723.00, for a final contract amount of $1,191,723.00 and a substantial completion deadline of February 27, 2015. Sample Motion Move to approve Change Order #1 for Phelps Control Center New Warehouse to Lacy Construction Company in the amount of $51,723.00, for a final contract amount of $1,191,723.00 and a substantial completion deadline of February 27, 2015. Grand Island Council Session - 1/27/2015 Page 53 / 113 Grand Island Council Session - 1/27/2015 Page 54 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-18 WHEREAS, Lacy Construction Company, of Grand Island, Nebraska, was awarded the contract for the Phelps Control Center Warehouse construction at the April 22, 2014 City Council meeting; and WHEREAS, due to some unforeseen circumstances (old house foundations, and drainage issues) as well as some design changes to the fire sprinkler system in order to comply with the utilities insurance carrier’s requirements mid construction, additional work was required; and WHEREAS, the above described work was not included in the original scope of the project; and WHEREAS, Change Order #1 was prepared for an increase in the amount of $51,723.00, resulting in a final contract amount of $1,191,723.00, and an extended completion deadline from January 15, 2015 to February 27, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with Lacy Construction Company, of Grand Island, Nebraska, resulting in an increased cost of $51,723.00, for a final contract price of $1,191,723.00, and an extended completion deadline from January 15, 2015 to February 27, 2015, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. ___________________________________ Jeremy L. Jensen, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 55 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-6 #2015-19 - Approving Amendment #2 with Webb & Company Architects, Inc. for the Phelps Control Warehouse and Remodel Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/27/2015 Page 56 / 113 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:January 27, 2015 Subject:Contract for Phelps Control Center Architectural Services – Amendment #2 Item #’s:G-6 Presenter(s):Tim Luchsinger, Utilities Director Background On June 25, 2013, City Council approved a contract with Webb Architects for $16,000 to evaluate space requirements and develop a preliminary design and building estimate for the remodel of Phelps Control Center and a new warehouse to be constructed immediately north of Phelps Control Center. On October 8, 2013, Amendment #1 was approved for $96,500 to authorize Webb Architects to complete the detailed design of the new warehouse and provide construction management. A contract with Lacy Construction Company was approved on April 22, 2014 to build the new warehouse. Discussion The construction of the new warehouse is nearing completion. During the construction, there was a concern about the possibility of standing water on the north side during heavy rains. To alleviate this issue, Webb Architects proposed a change in the design by connecting the north downspouts to the storm water system. The design engineering for this change is $1,500.00. Due to issues that developed during the construction process, the construction schedule for this project has been extended approximately one and a half months, resulting in an additional construction management services cost of $2,250.00. Total changes to the contract are $3,750.00. An extension to the contract to cover the entire construction period is recommended as well. Alternatives It appears that the Council that the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 1/27/2015 Page 57 / 113 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Amendment #2 to the Contract for Phelps Control Center Architectural Services with Webb & Company Architects in the amount of $3,750.00. Sample Motion Move to approve Amendment #2 to the Contract for Phelps Control Center Architectural Services with Webb & Company Architects in the amount of $3,750.00. Grand Island Council Session - 1/27/2015 Page 58 / 113 The AIA Document B104 - 2007 Standard Form of Agreement Between Owner and Architect by and between the following Owner and Architect: OWNER:City of Grand Island Utilities Department City of Grand Island City Hall, P.O. Box 1968 Grand Island, NE 68802-1968 ARCHITECT:Webb & Company Architects, Inc.January 16, 2015 387 North Walnut Street Grand Island, NE 68801 for the following project: PROJECT:"Phelps Control Center Addition & Remodel" is hereby amended as follows: AIA Contract Amendment #2 1.Provide additional engineering services for Olsson Associates, Civil Engineer to design a new storm drainage system for the north side of the new Warehouse Building. ADDITION $1,500.00 2.Change the Architect Substantial Completion date in the original AIA B104 Contract, Article 1.1 to March 31, 2015. This is due to the Lacy Construction Company, General Contractor’s construction delay of the substantial completion and the time extension from January 15, 2015 to February 27, 2015 as approved by Change Order #1. 3.Provide additional architectural Construction Phase Services due to Lacy Construction’s delay of substantial completion of one and one-half months for Webb & Company Architects per AIA B104 Owner & Architect Contract Article 4 Additional Services. ADDITION $2,250.00 The original Contract Sum $16,000.00 Previous Amendment Amounts $ 96,500.00 The Contract Sum is increased by this Amendment $ 3,750.00 The Contract Sum is decreased by this Amendment $0.00 The total modified Contract Sum to date $116,250.00 Grand Island Council Session - 1/27/2015 Page 59 / 113 Approval and acceptance of this Amendment 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:WEBB & COMPANY ARCHITECTS, INC. By: Date Grand Island Council Session - 1/27/2015 Page 60 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-19 WHEREAS, Webb & Company Architects, of Grand Island, Nebraska, was awarded the contract for the Phelps Control Center Warehouse construction and Remodel Architectural Services at the June 25, 2013 City Council meeting; and WHEREAS, due to some unforeseen circumstances (drainage issues and additional construction management services), additional work was required; and WHEREAS, the above described work was not included in the original scope of the project; and WHEREAS, Amendment #2 was prepared for an increase in the amount of $3,750.00, resulting in a final contract amount of $116,250.00, and an extended completion deadline from January 15, 2015 to February 27, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment #2 with Webb & Company Architects, Inc., of Grand Island, Nebraska, resulting in an increased cost of $3,750.00, for a final contract price of $116,250.00, and an extended completion deadline from January 15, 2015 to February 27, 2015, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. ___________________________ Jeremy L. Jensen, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 61 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-7 #2015-20 - Approving Acquisition of Public Utility Easement & Ingress/Egress Easement in Van Ohlen 3rd Subdivision (Shady Bend Villas, LLC) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/27/2015 Page 62 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-20 WHEREAS, public utility easements and an ingress/egress easement are required by the City of Grand Island, from Shady Bend Villas, LLC, in the Van Ohlen 3rd Subdivision, Hall County, Nebraska and more particularly described as follows: Utility Easements A 7’ WIDE EASEMENT LOCATED IN PART OF THE LOT 1, VAN OHLEN 3RD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, VAN OHLEN 3RD SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S01o01’31”E, ALONG AND UPON THE WEST RIGHT OF WAY LINE OF SHADY BEND ROAD, SAID LINE ALSO BEING THE EAST LINE OF SAID LOT 1, A DISTANCE OF 7.00 FEET; THENCE S89o38’26”W, PARALLEL WITH THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 165.21 FEET; THENCE N00o57’16”W A DISTANCE OF 7.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1, SAID LINE ALSO BEING THE SOUTH RIGHT OF WAY LINE OF SHADY BEND CIRCLE, THENCE N89o38’26”E, ALONG SAID NORTH LINE, A DISTANCE OF 165.20 FEET TO A POINT OF BEGINNING. SAID EASEMENT CONTAINS A CALCULATED AREA OF 1,156.42 SQUARE FEET OR 0.027 ACRES MORE OR LESS. AND A 7’ WIDE EASEMENT LOCATED IN PART OF THE LOT 1, VAN OHLEN 3RD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, VAN OHLEN 3RD SUBDIVISION; THENCE ON AN ASSUMED BEARING OF S01o01’31”E, ALONG THE WEST RIGHT OF WAY LINE OF SHADY BEND ROAD, SAID LINE ALSO BEING THE EAST LINE OF SAID LOT 1, A DISTANCE OF 222.67 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S01o01’31”E, ALONG SAID WEST RIGHT OF WAY LINE OF SHADY BEND ROAD AND SAID EAST LINE OF SAID LOT 1, A DISTANCE OF 7.00 FEET; THENCE S89o24’18”W A DISTANCE OF 150.48 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 55o37’49”, A RADIUS OF 15.43 FEET, A CHORD BEARING OF N61o31’11”W AND A CHORD DISTANCE OF 14.40 FEET; THENCE N89o24’18”E A DISTANCE OF 163.02 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS A CALCULATED AREA OF 1,114.59 SQUARE FEET OR 0.026 ACRES MORE OR LESS. Ingress/Egress Easement A 50’ WIDE EASEMENT BEING 25’ ON BOTH SIDES OF SAID DESCRIBED CENTERLINE EASEMENT LOCATED IN PART OF THE LOT 1, VAN OHLEN 3RD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, VAN OHLEN 3RD SUBDIVISION ; THENCE ON AN ASSUMED BEARING OF N01o01’31”W, ALONG THE WEST RIGHT OF WAY LINE OF SHADY BEND ROAD, SAID LINE ALSO BEING THE EAST LINE OF SAID LOT 1, A DISTANCE OF 107.00 FEET TO A POINT BEING THE CENTERLINE OF A 50’ PROPOSED INGRESS/EGRESS AND UTILITY EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89o24’18”W, ALONG SAID CENTERLINE OF EASEMENT, A DISTANCE 150.88 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 87o59’01”, A RADIUS OF 40.43 FEET, A CHORD BEARING OF N45o49’29”W AND A CHORD DISTANCE OF 56.17 Grand Island Council Session - 1/27/2015 Page 63 / 113 - 2 - FEET; THENCE N00o57’16”W, ALONG SAID CENTERLINE OF EASEMENT, A DISTANCE OF 201.60 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SHADY BEND CIRCLE, POINT ALSO BEING THE POINT OF TERMINATION. SAID EASEMENT CONTAINS A CALCULATED AREA OF 20,846.56 SQUARE FEET OR 0.479 ACRES MORE OR LESS. WHEREAS, agreements for the public utility easements and the ingress/egress easement have been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the agreements for the public utility easements and ingress/egress easement on the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 64 / 113 LOT 1 VAN OHLEN 3RD SUB 2013-1862PROJECT NO: DATE: 12.22.2014 FAX 308.384.8752TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street PROPOSED 7' WIDE UTILITY EASEMENT POB EASE. 'B' POB EASE. 'A' Grand Island Council Session - 1/27/2015 Page 65 / 113 LOT 1 VAN OHLEN 3RD SUB 2013-1862PROJECT NO: DATE: 12.22.2014 FAX 308.384.8752TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd StreetPROPOSED 50' WIDE INGRESS/EGRESS AND UTILITY EASEMENT POB EASE. Grand Island Council Session - 1/27/2015 Page 66 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-8 #2015-21 - Approving Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S- 4 (Northwest Crossings, LLC) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/27/2015 Page 67 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-21 WHEREAS, a public utility easement is required by the City of Grand Island, from an affected property owner for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4, described as follows: Tract No Owner Legal Total 14 Northwest Crossings, LLC THE NORTH 25.00 FEET OF LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7) AND EIGHT (8), BELS SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 9,510 SQUARE FEET OR 0.218 ACRES MORE OR LESS. $25,600.00 TOTAL $25,600.00 WHEREAS, an agreement for the public utility easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the agreement for the public utility easement on the above described tract of land, in the amount of $25,600.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 68 / 113 Grand Island Council Session - 1/27/2015 Page 69 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-9 #2015-22 - Approving Amendment to Resolution No. 2013-125; Resolution Authorization Filing Applications with the Federal Transit Administration for Federal Transportation Assistance Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/27/2015 Page 70 / 113 Council Agenda Memo From:John Adams, MPO Manager Meeting:January 27, 2015 Subject:Approving Amendment to Resolution No. 2013-125; Resolution Authorization Filing Applications with the Federal Transit Administration for Federal Transportation Assistance Item #’s:G-9 Presenter(s):John Collins PE, Public Works Director Background In October 2012, the City of Grand Island was designated by the State of Nebraska as a Direct Recipient of Section 5307 Urban Transit Funds available through the State of Nebraska from the Federal Transit Administration (FTA). In March 2013 the FTA requested the City provide three documents prior to April 30, 2013. These documents consisted of the authorizing resolution, a legal opinion from the City Attorney that the City is legally able to receive these funds and authorized to provide the necessary matching funds for the grant, and a Letter of Incumbency from the City stating the names of the persons that are currently in the positions identified in the Authorizing Resolution (Mayor, City Administrator and/or Designee, City Treasurer, etc.). The City will issue a new Letter of Incumbency any time a person named in the previous letter leaves the City and is replaced. The authorizing resolution does not commit the City to provide transit nor does it commit the City to spend any money. It does however preserve the ability of the City to access 5307 urban transit dollars in the future. The City was named a direct recipient of 5307 funds for the 2013 fiscal year and can access those funds anytime within six (6) years. On April 23, 2013 the City Council passed Resolution 2013-125, which approved authorization of filing applications with the Federal Transit Administration for Federal Transportation Assistance. Grand Island Council Session - 1/27/2015 Page 71 / 113 Discussion Resolution 2013-125 authorized the Mayor to: Execute and file applications for Federal assistant on behalf of the City of Grand Island, Nebraska; Execute and file with applications the annual certifications and assurances and other documents the Federal Transit Administration requires before awarding a Federal assistance grant or cooperative agreement; and Execute the grant and cooperative agreement with the Federal Transit Administration on behalf of the City of Grand Island, Nebraska. At this time it is requested such resolution be amended to authorize the Mayor or his designee to execute and file applications for Federal assistance with the Federal Transit Administration. 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 amendment to Resolution No. 2013-125 to authorize the Mayor or his designee to execute and file applications for Federal assistance with the Federal Transit Administration. Sample Motion Move to approve the resolution. Grand Island Council Session - 1/27/2015 Page 72 / 113 RESOLUTION 2013-125 A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION,FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53; AND ANY OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Federal Transit Administrator has been delegated authority to awardFederalfinancialassistanceforatransportationproject; WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon the Applicant, and may require the Applicant to provide the local share of the project cost; WHEREAS, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND NEBRASKA: 1. That Mayor is authorized to execute and file an application for Federal assistance on behalfof the City of Grand Island,Nebraska with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. chapter 53 or any other Federal statutes authorizing a project administered by the Federal Transit Administration. The State of Nebraska acting through its Department ofRoads("NDOR"), is the Designated Recipient for small urbanized areas as defined by 49 U.S.C. 5302(4). The City ofGrand Island,Nebraska has received authority from the Designated Recipient to apply for Urbanized Area Foiniula Program assistance as a Direct Recipient. NDOR and the City of Grant Island will enter into a supplemental agreement with FTA each time the City of Grand Island applies for funds. 2. That Mayor is authorized to execute and file with its applications the annual certifications and assurances and other documents the Federal Transit Administration requires before awarding a Federal assistance grant or cooperative agreement. 3. That Mayor is authorized to execute the grant and cooperative agreements with the Federal Transit Administration on behalf of The City of Grand Island, Nebraska. 4. That Finance Director/City Treasurer is authorized to draw against available grant funding using the ECHO web system. 5. That the City of Grand Island intends to insure that the matching funds necessary for providing transit services are included and that spending authority is authorized as needed within the approved annual budget of the City of Grand Island. Approved as to Form aL., April 22,2013 0 City rney Grand Island Council Session - 1/27/2015 Page 73 / 113 Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2013. Jai V.vri<ek, Mayor Attest: t)::Th MLADO,T41,— RaNae Edwards, City Clerk 2 - Grand Island Council Session - 1/27/2015 Page 74 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-22 WHEREAS, on April 23, 2013, by Resolution 2013-125, the City of Grand Island approved the authorization of the Mayor filing applications with the Federal Transit Administration for Federal Transportation Assistance; and WHEREAS, at this time it is requested such resolution be amended to authorize the Mayor or his designee to execute and file applications for Federal assistance with the Federal Transit Administration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, 1.That the Mayor or his designee is authorized to execute and file an application for Federal assistance on behalf of the City of Grand Island, Nebraska with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53 or any other Federal statutes authorizing a project administered by the Federal Transit Administration. The State of Nebraska acting through its Department of Roads (NDOR), is the Designated Recipient for small urbanized areas as defined by 49 U.S.C. 5302(4). The City of Grand Island, Nebraska has received authority from the Designated Recipient to apply for Urbanized Area Formula Program assistance as a direct recipient. NDOR and the City of Grand Island will enter into a supplemental agreement with FTA each time the City of Grand Island applies for funds. 2.That the Mayor or his designee is authorized to execute and file with its applications the annual certifications and assurances and other documents the Federal Transit Administration requires before awarding a Federal assistance grant or cooperative agreement. 3.That the Mayor or his designee is authorized to execute the grant and cooperative agreements with the Federal Transit Administration on behalf of the City of Grand Island, Nebraska. 4.That the Finance Director/City Treasurer is authorized to draw against available grant funding using the ECHO web system. 5.That the City of Grand Island intends to insure the matching funds necessary for providing transit services are included and spending authority is authorized as needed within the approved annual budget of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 75 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-10 #2015-23 - Approving Telecommunications Equipment Site Use Agreement for East Central 911 System Staff Contact: Jon Rosenlund Grand Island Council Session - 1/27/2015 Page 76 / 113 Council Agenda Memo From:Jon Rosenlund, Director of Emergency Management Meeting:January 27, 2015 Council Meeting Subject:911 Telecommunications Equipment Site Use Agreement Item #’s:G-10 Presenter(s):Jon Rosenlund, Director of Emergency Management Background A group of 7 counties in East Central Nebraska, called East Central 911 (EC911), have requested that the City of Grand Island Emergency Management Department host a portion of their new 911 telecommunications equipment upgrade in the Emergency Management Department within City Hall. This is necessary for their regional 911 system to receive 911 calls from the local CenturyLink site, and transmit these calls to the 7 participating counties through the Nebraska Radio Interoperability Network (NRIN). The EC911 will pay a rental fee of $360.00 annually to compensate for site use and electrical service. The Department has no responsibilities for maintaining, repairing or monitoring this equipment. Discussion Seven counties in East Central Nebraska, ranging from Merrick to Platte Counties, have entered into a collective agreement for providing emergency 911 services to each participating county through a shared 911 telecommunications system. Called the East Central 911 system, (EC911), this system provides each county with 911 services, but the costs of purchase and maintenance of their hardware is shared by the group. Hardware is installed in only a few areas, while 911 calls are routed to each individual PSAP by IP routing through the statewide Nebraska Radio Interoperability Network (NRIN). EC911 has requested that a portion of their 911 telecommunications equipment be housed in the Grand Island Emergency Center due to our proximity to the CenturyLink office and our connection to NRIN. The Department will provide space for their equipment and continuous electrical supply. Maintenance, repair and monitoring of the EC911 equipment is solely the responsibility of EC911 and its contracted repair personnel. Grand Island Council Session - 1/27/2015 Page 77 / 113 The agreement presented to Council is the result of conversations between EC911 representatives and the Director of Emergency Management. In the agreement, the Department will provide a site and electrical service to the Equipment and access to EC911 personnel and contracted maintenance as necessary. In return, the EC911 will pay an annual fee of $360.00. The term of the agreement is 7 years and can be cancelled with 90 days’ notice. The agreement has also been reviewed by the City Attorney. EC911 delivered three signed copies of the agreement and wishes for the Mayor of Grand Island to complete this agreement so they may proceed in the completion of their 911 installation. 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 this agreement. Sample Motion Move to approve the agreement. Grand Island Council Session - 1/27/2015 Page 78 / 113 Grand Island Council Session - 1/27/2015 Page 79 / 113 Grand Island Council Session - 1/27/2015 Page 80 / 113 Grand Island Council Session - 1/27/2015 Page 81 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-23 WHEREAS, the East Central 911 group has requested to locate a portion of their new 911 telecommunications equipment within the Emergency Management Department due to its unique proximity to local telecommunications resources; and WHEREAS, the East Central 911 group will compensate the City for the site use and electrical service on an annual basis; and WHEREAS, this agreement may be cancelled at any time with 90 days’ notice by either party, and WHEREAS, the City Council of the City of Grand Island has reviewed this agreement and has authorized the Mayor of the City of Grand Island to sign the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to enter into a site use agreement with the East Central 911 according to the terms of the draft agreement presented to Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 82 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-11 #2015-24 - Approving Race for GRACE Agreement with Nebraska Department of Roads Staff Contact: Robert Sivick Grand Island Council Session - 1/27/2015 Page 83 / 113 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:January 27, 2015 Subject:Race for GRACE Agreement with NDOR Item #’s:G-11 Presenter(s):Robert Sivick, City Attorney Background Council has previously approved allowing the 5th Annual Race for GRACE to be allowed on 2nd Street within the corporate limits of the City. Discussion Specific language is needed in the Resolution passed by the Council for the Nebraska Department of Roads to allow the closure of part of Lincoln Highway/2nd Street. Council has previously approved this route and the road closure. The purpose of this resolution is to get specific language needed by the NDOR to allow the road closure. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Resolution 2015-24. Sample Motion Move to approve Resolution 2015-24. Grand Island Council Session - 1/27/2015 Page 84 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-24 WHEREAS, in Resolution 2014-366 this Council approved the use of City streets and State highway for the 5th Annual Race for GRACE on April 11, 2015; and WHEREAS, specific wording is required by the Nebraska Department of Roads (NDOR) pursuant to Neb. Rev. Stat §39-1359; and WHEREAS, the City accepts the duties set out in Neb. Rev. Stat. §39-1359, and that if a claim is made against the State, the City shall indemnify, defend, and hold harmless the State from all claims, demands, actions, damages, and liability, including reasonable attorney’s fee, that may arise as a result of the special event, more specifically defined as the 5th Annual Race for GRACE to be held on April 11, 2015; and WHEREAS, the route for the special event necessitates the closure of Lincoln Highway (2nd Street) beginning at Cleburn Street and ending at Oak Street, Grand Island Nebraska; and WHEREAS, the special event will be held on April 11, 2015, with the control of Lincoln Highway being assumed by the City at 5:00 a.m. on April 11, 2015, and ending at12:00 p.m. April 11, 2015, at which time control of Lincoln Highway shall revert to the State. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Notice of use of City streets and State highway to accommodate the 5th Annual Race for GRACE on April 11, 2015 is hereby approved. BE IT FURTHER RESOLVED, that the Nebraska Department of Roads shall be notified of the approved route and this Notice. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 85 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-12 #2015-25 – Approving Basic EMS Field Training Experience with Occupational Health and Safety Services Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 1/27/2015 Page 86 / 113 Council Agenda Memo From:Russ Blackburn, GIFD EMS Division Chief Meeting:January 27, 2015 Subject:Training Contract Item #’s:G-12 Presenter(s):Russ Blackburn, GIFD EMS Division Chief Background The City of Grad Island has been asked to provide in-field training and experience for students of the emergency medical training program with Occupational Health and Safety Services. We have provided this opportunity to other educational institutions in the past and this agreement will allow us to continue this program. Discussion This program allows students to receive field training and experience that allows them to apply what they have learned in the class room. Under the supervision of an experienced paramedic the student has the opportunity to learn from real world experiences. This contract is the standard contract used with all other training agencies that send student to ride-along with the Fire Department. 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 this contract. Sample Motion Move to approve the training contract with Occupational Health and Safety Services. Grand Island Council Session - 1/27/2015 Page 87 / 113 Grand Island Council Session - 1/27/2015 Page 88 / 113 Grand Island Council Session - 1/27/2015 Page 89 / 113 Grand Island Council Session - 1/27/2015 Page 90 / 113 Grand Island Council Session - 1/27/2015 Page 91 / 113 Grand Island Council Session - 1/27/2015 Page 92 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-25 WHEREAS, a training contract has to be in place for Emergency Medical students from a training agency to get field experience with Grand Island Fire Department; and WHEREAS, students from Occupational Health and Safety Services would like to do their field training with the Grand Island Fire Department; and WHEREAS, this is a standard contract we use with all of the training agencies that send us students for field experience. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to sign the training contract between Occupational Health and Safety Services and the City of Grand Island so their students may do their field training with the Grand Island Fire Department. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 93 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-13 #2015-26 – Approving Purchase of 2015 Ford Explorer from State Bid for the Fire Department Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 1/27/2015 Page 94 / 113 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:January 27, 2015 Subject:Purchase 2015 Ford Explorer Item #’s:G-13 Presenter(s):Cory Schmidt, Fire Chief Background The City Council approved the purchase of a staff vehicle in the 2015 budget for a budgeted amount of $30,000. The Fire Department would move a 2002 Ford Explorer currently used by the EMS Division Chief for daily use and emergency response to nonemergency use by a life safety inspector. Discussion The Grand Island Fire Department would like to replace the 2002 Ford Explorer with a 2015 Ford Explorer with Council approval. The 2015 State bid vehicle per contract Number 14150 OC is for a large sport utility seven passenger vehicle with a base price of $26,997 with extra cost of $275 for reverse sensing system and $295 for drop shipment charges for a total cost $$27,567. The state contract is with Anderson Ford Lincoln Mercury Mazda of Lincoln NE. 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 - 1/27/2015 Page 95 / 113 Recommendation City Administration recommends that the Council approve the purchase of the 2015 Ford Explorer utilizing State bid from Anderson Ford in Lincoln NE in the amount of $27,567. Sample Motion Move to approve the purchase of the 2015 Ford Explorer for use by the Grand Island Fire Department. Grand Island Council Session - 1/27/2015 Page 96 / 113 Grand IslandCouncil Session - 1/27/2015Page 97 / 113 Grand IslandCouncil Session - 1/27/2015Page 98 / 113 Grand IslandCouncil Session - 1/27/2015Page 99 / 113 Grand IslandCouncil Session - 1/27/2015Page 100 / 113 Grand IslandCouncil Session - 1/27/2015Page 101 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-26 WHEREAS, the City Council approved the purchase of a staff vehicle in the 2015 budget; and WHEREAS, the Fire Department needs to replace a 2002 Ford Explorer is due to be replaced; and WHEREAS, a 2015 Ford Explorer may be purchased on State bid from Anderson Ford of Lincoln NE for the amount of $27,567. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to allow the Fire Department to purchase the 2015 Ford Explorer from Anderson Ford of Lincoln NE utilizing State bid Contract Number 14150 OC for the price of $27,567. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________________ Jeremy L Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 102 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item G-14 #2015-27 - Approving Setting Board of Equalization Hearing to Determine Benefits - 2010, 2013 & 2014 Weed/Nuisance Abatement Program Staff Contact: Stacy Nonhof, Assistant City Attorney Grand Island Council Session - 1/27/2015 Page 103 / 113 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:January 27, 2015 Subject:Setting Board of Equalization Hearing to Determine Benefits – 2010, 2013 and 2014 Weed/Nuisance Abatement Program Item #’s:G-13 Presenter(s):Stacy R. Nonhof, Assistant City Attorney Background The Grand Island City Code contains a procedure for abating nuisances such as excessive growths of weeds, unsafe buildings, and litter. If the owners do not comply with notices to abate these nuisances, the City follows one or more avenues to do the work and bill the property owner. If the owner fails to pay the bill, the City is authorized to levy an assessment on the property for the amount of the abatement expenses. Discussion The City Council, sitting as the Board of Equalization, will be asked to determine the benefits for the nuisance abatement program that took place during 2010, 2013 and 2014. A Board of Equalization hearing date must be set and notice given before the City may determine benefits and levy special assessments by ordinance on the properties. A hearing date of February 24, 2015, at 7:00 p.m. is suggested. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Set a hearing date and direct that notice be given according to law. 2. Continue the issue to a later date. Grand Island Council Session - 1/27/2015 Page 104 / 113 Recommendation City Administration recommends that the Council set a Board of Equalization hearing for February 24, 2015 at 7:00 p.m. and direct that notice be given according to law. Sample Motion Move to sit as a Board of Equalization to determine the benefits of nuisance abatement on February 24, 2015 at 7:00 p.m. and give notice according to law. Grand Island Council Session - 1/27/2015 Page 105 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-27 WHEREAS, pursuant to Article III of Chapter 17 of the Grand Island City Code, for reason of the failure of the owners, agents, occupants, or persons in possession, charge, or control of lots, tracts, or parcels of land in the City to comply with the notices of the City Council in regard to the cutting and removing of weeds and other rank growth of vegetation, such weeds and other rank growth of vegetation were caused to be removed by the City, and the actual expenses thereof have been audited and paid by the City; and WHEREAS, the owners, agents, occupants, or persons in possession, charge or control of lots, tracts or parcels of land whereon such weeds and other rank growth of vegetation were caused to be cut by the City and are in default of payment of the expenses and costs incurred by the City therefore; and WHEREAS, the Finance Department for the City has reported the expenses and costs of such weed cutting to the City Council and recommends that the City Council sit as a Board of Equalization to assess the expenses and costs thereof to the respective lots, tracts, or parcels of land. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The report of the Finance Department for the City pertaining to the cutting of weeds and other rank growth of vegetation is hereby accepted. 2.The City Council shall sit as a Board of Equalization to determine the benefits of such weed cutting on February 24, 2015 at 7:00 p.m. 3.The City Clerk shall give notice, as required by Section 16-707, R.R.S. 1943, as amended, by one publication in the Grand Island Independent that the City Council will sit as a Board of Equalization on the date and time set forth above, at least ten (10) days prior thereto; and further, that the City Clerk, within five (5) days after the date of publication of the above notice and ten (10) days prior to the meeting, shall send by U.S. mail, a copy of the published notice to each and every party appearing to have a direct legal interest in such proceeding whose name and post office addresses are known, in accordance with the provisions of Section 25-520.01, R.R.S. 1943, as amended. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________________ Jeremy Jensen, Mayor Attest: _______________________________________ Grand Island Council Session - 1/27/2015 Page 106 / 113 - 2 - RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 107 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item I-1 #2015-28 – Consideration of Authorizing Requests for Proposals for Management of the Police and Fire Pension Plans Staff Contact: Robert Sivick Grand Island Council Session - 1/27/2015 Page 108 / 113 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:January 27, 2015 Subject:Consideration of Authorizing Requests for Proposals for Management of the Police and Fire Pension Plans Item #’s:I-1 Presenter(s): Robert J. Sivick, City Attorney Background In 1983 the Nebraska Legislature passed LB237 which contained the Police Officers Retirement Act, codified in Article 10(a) of Chapter 16, §§16-1001 - 1019 of the Nebraska Revised Statutes. That same year in conjunction with the Police Officers Retirement Act, the Legislature also passed LB531 which contained the Firefighters Retirement Act, codified in Article 10(b) of Chapter 16, §§16-1020 – 1042 of the Nebraska Revised Statutes. Both Acts and the resulting statutes addressed issues regarding pensions for police officers and firefighters employed by Cities of the First Class. Nebraska Revised Statutes §16-1014 states in part, A retirement committee shall be established to supervise the general operation of the retirement system established pursuant to the Police Officers Retirement Act. The governing body of the city shall continue to be responsible for the general administration of such retirement system unless specific functions or all functions with regard to the administration of the retirement system are delegated, by ordinance, to the retirement committee. Whenever duties or powers are vested in the city or the retirement committee under such sections or whenever such sections fail to specifically allocate the duties or powers of administration of the retirement system, such powers or duties shall be vested in the city unless such powers or duties have been delegated by ordinance to the retirement committee Nebraska Revised Statutes §16-1034 states in part, A retirement committee shall be established to supervise the general operation of the retirement system. The governing body of the city shall be responsible for the general administration of such retirement system unless specific functions or all functions with regard to the administration of the retirement system are delegated, by ordinance, to the retirement committee… Whenever sections 16-1020 to 16-1042 fail to address the allocation of duties or Grand Island Council Session - 1/27/2015 Page 109 / 113 powers in the administration of the retirement system, such powers or duties shall be vested in the city unless such powers or duties have been delegated by ordinance to the retirement committee. A search of City records indicates the Grand Island City Council (Council) as the governing body of the City of Grand Island (City) never delegated any authority pursuant to §16-1014 or §16-1034 to the Police or Fire Pension Committees respectively. On May 5, 2014 a joint meeting of the Police and Fire Pension Committees was held. At that meeting both committees approved resolutions requesting the Council grant authority to the committees to issue Requests for Proposals (RFP) for the management of the respective pension plans. The Resolution before you for consideration tonight will authorize the committees to issue RFPs on a one time basis for management of the plans. Discussion The Police and Fire Pension Committees’ authority is limited to ministerial duties set forth in Neb. Rev. Stat. §16-1017 and §16-1037 respectively. Any additional authority must be delegated by the Council. Most importantly, the Committee is subordinate to the authority of the Council as the governing body of the City. The Council has in the past two years been reluctant to delegate its authority for general management of the Police and Fire retirement systems. On February 19, 2013 the Council approved Resolution 2013-46 definitively setting forth the authority of the Police Pension Committee and the powers reserved to the Council. Accordingly, the matter before you does not take the form of an Ordinance which would permanently delegate Council authority to the pension committees but a Resolution which would authorize RFPs on a one time basis. 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. Sample Motion Move to approve. Grand Island Council Session - 1/27/2015 Page 110 / 113 Approved as to Form ¤ ___________ January 23, 2015 ¤ City Attorney R E S O L U T I O N 2015-28 WHEREAS, Article 10(a) of Chapter 16 of the Nebraska Revised Statutes sets forth the laws governing the pensions of police officers employed by Cities of the First Class; and WHEREAS, §16-1014 of the Nebraska Revised Statutes states in part, A retirement committee shall be established to supervise the general operation of the retirement system established pursuant to sections 16-1001 to 16-1019. The governing body of the city shall continue to be responsible for the general administration of such retirement system unless specific functions with regard to the administration of the retirement system are delegated, by ordinance, to the retirement committee. Whenever duties or powers are vested in the city or the retirement committee under such sections or whenever such sections fail to specifically allocate the duties or powers of administration of the retirement system, such powers or duties shall be vested in the city unless such powers or duties have been delegated by ordinance to the retirement committee.; and WHEREAS, Article 10(b) of Chapter 16 of the Nebraska Revised Statutes sets forth the laws governing the pensions of firefighters employed by Cities of the First Class; and WHEREAS, §16-1034 of the Nebraska Revised Statutes states in part, A retirement committee shall be established to supervise the general operation of the retirement system. The governing body of the city shall be responsible for the general administration of such retirement system unless specific functions or all functions with regard to the administration of the retirement system are delegated, by ordinance, to the retirement committee… Whenever sections 16-1020 to 16-1042 fail to address the allocation of duties or powers in the administration of the retirement system, such powers or duties shall be vested in the city unless such powers or duties have been delegated by ordinance to the retirement committee. WHEREAS, §§16-1017 and 16-1037of the Nebraska Revised Statutes sets forth specific ministerial duties of the Grand Island Police and Fire Pension Committees respectively and confines those duties to providing information and reports to participants in the Grand Island Police and Fire Retirement Systems and certain governmental officials of the State of Nebraska; and WHEREAS, the Grand Island City Council as the governing body of the City of Grand Island has never delegated any authority to either the Police or Fire Pension Committees beyond that set forth in §§16-1017 and 16-1037 of the Nebraska Revised Statutes; and WHEREAS, the authority of both the Police and Fire Pension Committees is subordinate to the authority of the City Council; and WHEREAS, the members of the Police and Fire Pension Committees are obligated by law and specifically §§16-1014 and 16-1034 of the Nebraska Revised Statutes to implement, adhere to, and obey the policies and directives of the City Council in the administration of the City’s Police and Fire Retirement Systems; and Grand Island Council Session - 1/27/2015 Page 111 / 113 - 2 - WHEREAS, the Council has learned of Resolutions approved by both the Police and Fire Pension Committees seeking authority from the Council for those committees to issue Requests for Proposals for the management of the Police and Fire Pension Plans; and WHEREAS, the Council believes it acceptable to grant authority on a one time basis to the Police and Fire Pension Committees to issue Requests for Proposals for the management of the Police and Fire Pension Plans, directs City staff to take all necessary action to do so, and limits that authority by requiring any contracts for management of the Police and Fire Pension Plans be approved by the Council no later than December 31, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the Police and Fire Pension Committees are granted authority on a one time basis to issue Requests for Proposals for the management of the Police and Fire Pension Plans, City staff is directed to take all necessary action to do so, and such authority will expire once any contracts for management of the Police and Fire Pension Plans are approved by the Grand Island City Council or December 31, 2015, whichever occurs sooner. . Adopted by the City Council of the City of Grand Island, Nebraska, January 27, 2015. _______________________________________ Jeremy L. Jensen, Mayor ATTEST: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/27/2015 Page 112 / 113 City of Grand Island Tuesday, January 27, 2015 Council Session Item J-1 Approving Payment of Claims for the Period of January 14, 2015 through January 27, 2015 The Claims for the period of January 14, 2015 through January 27, 2015 for a total amount of $6,115,868.78. A MOTION is in order. Staff Contact: William Clingman Grand Island Council Session - 1/27/2015 Page 113 / 113