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03-10-2015 City Council Regular Meeting Packet City of Grand Island Tuesday, March 10, 2015 Council Session Packet City Council: Linna Dee Donaldson Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones 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 - 3/10/2015 Page 1 / 84 City of Grand Island Tuesday, March 10, 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 Caroline Price-Gibson, First Presbyterian Church, 2103 West Anna 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 - 3/10/2015 Page 2 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item E-1 Public Hearing on Request from Hollywood’s LLC dba The Filling Station, 217 East Stolley Park Road, Suite N for a Class “CK” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 3/10/2015 Page 3 / 84 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:March 10, 2015 Subject:Public Hearing on Request from Hollywoods LLC dba The Filling Station, 217 East Stolley Park Road, Suite N for a Class “CK” Liquor License Item #’s:E-1 & I-1 Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Hollywoods LLC dba The Filling Station, 217 East Stolley Park Road, Suite N has submitted an application for a Class “CK” Liquor License. A Class “CK” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city along with a catering designation. Grand Island Council Session - 3/10/2015 Page 4 / 84 City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with the application was a request from Tyson Juhl, 1314 Marshall Street, Wood River, NE for a Liquor Manager Designation. After reviewing the Police Department report (see attached) it is recommended that the City Council deny this request based on not qualifying under Nebraska State Statute 53- 132 (a), (b), and (c). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council deny this application. Sample Motion Move to deny the application for Hollywoods LLC dba The Filling Station, 217 East Stolley Park Road for a Class “CK” Liquor License based on not qualifying under Nebraska State Statute 53-132 (a), (b), and (c). Grand Island Council Session - 3/10/2015 Page 5 / 84 01/07/15 Grand Island Police Department 450 10:14 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 08:00:00 12/09/2014 Occurred before : 08:00:00 12/09/2014 When reported : 08:00:00 12/09/2014 Date disposition declared : 12/23/2014 Incident number : L14122050 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 217 Stolley Park Rd E; Suite N State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 13824 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 102556 12/19/14 Juhl, Tyson Edward Owner NM 197637 12/19/14 The Filling Station, Business LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 LT03 Bar/Night Club IMAGE CODES FOR INCIDENT: Seq Imag Image code for a users description field --- ---- ---------------- ------------------------------ 1 DOC DOCUMENT mobile report LAW INCIDENT NARRATIVE: Grand Island Council Session - 3/10/2015 Page 6 / 84 Liquor Lic Investigation I Received a Copy of a Class CK (beer,wine, distilled spirits, on and off sale along with catering) Retail Liquor License Application from Tyson Juhl for The Filling Station. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 10:43:43 12/19/2014 Grand Island Police Department Supplemental Report Date, Time: Fri Dec 19 10:52:11 CST 2014 Reporting Officer: Vitera Unit- CID I Received a Copy of a Class CK (beer, wine, distilled spirits, on and off sale along with catering) Retail Liquor License Application from Tyson Juhl for The Filling Station. In reviewing the application, I noticed that Tyson is the only person listed on the application. He included a report from the Nebraska State Patrol (NSP) to disclose his criminal convictions. He isn't borrowing any money to establish and/or operate the business, he has lived in Shelton and Wood River for at least the last ten years, and he has had three liquor licenses before. One license was for the Motor Inn Bar & Grill in Shelton between 2006 and 2007. Another license was held for the Wood River C Store between 2008 and 2013, and he recently had a license for The Filling Station in Wood River from 2013 until 12/6/14. I looked Tyson up in Spillman and found that he has thirty-four documented contacts with the police department and the Hall County Sheriff's Office. The vast majority of those contacts involve him reporting a crime for the C Store or The Filling Station in Wood River. There are a few scattered traffic contacts, some animal complaints Grand Island Council Session - 3/10/2015 Page 7 / 84 against him, a code enforcement call against him, and he also pawned some property a little over two years ago. The NSP information that Tyson included about his criminal convictions included a conviction for MIP and speeding in 2000 and DUI in 2013. A check of the Nebraska Criminal Justice Information System (NCJIS) shows that Tyson has been convicted of: Buffalo Co 3-1-96 No Valid Operator's License Guilty plea in court Buffalo Co 11-20-98 Speeding over 21mph Transferred to Juv. DUI 1st Offense Transferred to Juv. Drive Left of Center Transferred to Juv. Drive on shoulder Transferred to Juv. Obstructing a Peace Officer Transferred to Juv. Buffalo Co 1-11-99 Admission to all charges filed on 11-20-98 in Juvenile Court Buffalo Co 4-23-00 MIP Guilty by waiver Hamilton Co 9-7-00 Speeding 6-10 over Guilty Buffalo Co 10-23-00 Acts declared unlawful license Guilty by waiver driving Hall Co 08-08-01 MIP Guilty by waiver Buffalo Co 09-19-04 No Proof of Insurance Guilty by waiver Hall Co 06-05-05 Unlawful Display of Plates Guilty by waiver Hall Co 01-18-07 No Proof of Insurance Guilty by waiver Dawson Co 01-26-07 Improper/Defective Lighting Guilty by waiver Hall Co 08-28-10 Speeding 6-10mph over Guilty by waiver Hall Co 05-17-13 DUI 1st Offense Guilty admit in court NCJIS also shows that Tyson was involved in the following civil suits: Phelps co 05-23-05 Tyson vs Brandon Schoenthal Uncontested Default Hall Co 02-24-06 Tyson vs Janet Beck Dismissed by court Hall Co 06-20-07 Tyson vs Brandon Proctor Tried to court Hall Co 06-20-07 Tyson vs Chris Ulrich Tried to court Hall Co 03-14-08 Tyson vs Keith Vogt Settled Phelps Co 04-16-07 Robert Worman vs Tyson Dismissed by court Hall Co 06-24-11 Amber Ottis vs Tyson Settled/Dismissed by party Hall Co 09-27-12 Credit Management vs Tyson Settled/Dismissed by party (Heartland Disposal) Hall Co 09-08-14 Capital One vs Tyson Open as of 9-8-14 Grand Island Council Session - 3/10/2015 Page 8 / 84 Hall Co 09-12-14 State Bank of Hildreth vs Tyson Uncontested Default Investigator Dan Fiala with the Nebraska State Patrol (NSP), and I met with Tyson at the proposed location of The Filling Station on 12/16/14 at 1000 hours. Investigator Fiala took the lead on this investigation because he had dealt with Tyson before when Tyson had The Filling Station in Wood River. In fact, prior to meeting with Tyson, Investigator Fiala gave me some history on his encounters with Tyson. Investigator Fiala said that on 1/31/14, he followed up on a complaint he received from an employee at Sam's Club who knew Tyson, knew that Tyson had a liquor license, and knew that he was not supposed to be buying alcohol for his business from Sam's Club. Investigator Fiala gathered receipts and video evidence from Sam's and was told that Tyson purchased large amounts of alcohol on 1/28 and 1/30/14. The reporting party also told Investigator Fiala that she had been in contact with Tyson several times over the past few years where he was purchasing alcohol in large quantities presumably for his business. Later that day after talking with the reporting party from Sam's Club and gathering evidence, Investigator Fiala spoke to Tyson about the information he had received. Tyson admitted to buying alcohol at Sam's and other retail establishments for his business several times and admitted that he knew it was wrong. Investigator Fiala issued Tyson an administrative citation for the improper purchase of alcohol. On 5/15/14, Investigator Fiala contacted Tyson at The Filling Station regarding a couple of complaints he had received through the Nebraska Liquor Control Commission (NLCC) about beer bottles being thrown in the alley behind the business and loud noises and fights. While Investigator Fiala was addressing those complaints, he did a premise inspection. Investigator Fiala located and seized several receipts for alcohol purchases from Hy-Vee, Sam's and Wal-mart. Tyson acknowledged that the receipts were for alcohol he purchased for his business but said they were from purchases made prior to Investigator Fiala citing him on 1/31/14. Also, while doing the premise inspection on 5/15/14, Investigator Fiala discovered that Tyson had one keg of beer in the "freezer" and asked Tyson if he had a keg registration book to which Tyson replied that he did not. Tyson said the keg was for someone who was having a graduation party on Saturday (two days later). Investigator Fiala explained to Tyson that he needed to put a registration sticker on the keg if he sold it to anyone outside the licensed premise. Investigator Fiala found time to review the receipts five days later on 5/20/14. He discovered that one of the purchases was made approximately three hours after Investigator Fiala had cited Tyson on 1/31/14 for improperly purchasing alcohol. The other receipts were also date and time stamped after 1/31/14. On 5/20/14, Investigator Fiala spoke to Tyson about the receipts he had seized and pointed out to Tyson that the receipts indicated that Tyson went out and purchased alcohol illegally within hours of being cited for that very same thing. Tyson looked down, Grand Island Council Session - 3/10/2015 Page 9 / 84 smiled, and told Investigator Fiala that the receipts were from before he was cited. Investigator Fiala knew Tyson was lying according to the receipts and by Tyson's physical mannerisms (indicating deception) when he made the denial. Investigator Fiala told Tyson that the date and time on the receipts compared to the date and time of the citation proved that Tyson was lying. Investigator Fiala also discovered that the keg was gone, but there were no stickers missing from the registration book. When asked what happened to the keg, Tyson told Investigator Fiala that he took it to his house for personal use. When Investigator Fiala told Tyson he didn't believe him, Tyson exhibited the same physical mannerisms (looked down and smiled) as he did when he lied before about the receipts. Investigator Fiala issued Tyson another citation for the improper purchase of alcohol. According to Investigator Fiala, Tyson pled guilty to each citation. When Investigator Fiala and I met with Tyson on 12/16/14, Investigator Fiala asked Tyson if he ever had any delinquent financial accounts or obligations. Tyson said that he hadn't had any. He was asked a second time, he again said that he hadn't. Investigator Fiala then confronted Tyson about three civil proceedings (mentioned above) against him in Hall County. One involved the State Bank of Hildreth in 2014. When Tyson bought the building for The Filling Station in Wood River, he took out a loan from the State Bank of Hildreth for over $200,000. According to Tyson, he was current on his loan payments. However, Tyson failed to pay property taxes on the building for four or five years. Tyson said he owed the County over $20,000. A business called Vandelay Investments "bought" Tyson's tax liability and paid the taxes. Tyson said that a representative from the Hildreth State Bank named Matt Mundorf could explain the situation better. On 12/17/14, Investigator Fiala and I spoke to Matt over the phone. He confirmed that Tyson owed back taxes and Vandelay Investments bought the debt. He further explained that Vandelay is able to make money by getting the principal plus interest back on their investment. If Tyson or the bank doesn't pay them by a certain time, Vandelay can go after the building at an auction. Vandelay did just that. Certified mail was sent to Tyson and the State Bank of Hildreth. Tyson had no interest in reimbursing Vandelay, and according to Matt, one of their employees who received the certified letter failed to pass it along; and it went unnoticed. Therefore, the bank wasn't aware of the auction and had no representation present. Vandelay bought the building. The bank lost the building and the money they lent Tyson. When asked why he didn't mention this situation when asked about delinquent accounts, Tyson said he didn't think this situation applied. Investigator Fiala also asked Tyson about a civil suit against him in 2014 involving Capital One. Tyson said that he has worked out a payment plan with Capital One, and the account is no longer delinquent. When asked why he didn't mention this one, Tyson said he just forgot about it. Tyson was also asked about a civil action against him in 2012 by Credit Management regarding a bill with Heartland Disposal. Tyson said he couldn't remember anything about this. Grand Island Council Session - 3/10/2015 Page 10 / 84 Tyson was asked about all of the convictions that he failed to disclose. Tyson said he paid for a criminal history report through the state patrol and thought that covered it. Tyson was confronted with the fact that the liquor license application asks the applicant to disclose all convictions including traffic. The instructions are very clear. It's easy to understand when someone forgets to disclose a couple of speeding tickets from years ago, but when Tyson's undisclosed convictions are compared with the state patrol printout, Tyson should have definitely seen the discrepancy. It's hard to sort out, but it appears that Tyson has at least a dozen undisclosed convictions. In Summary, the Grand Island Police Department recommends that the council NOT give local approval to this application. According to Nebraska State Statute 53-132, the NLCC has to consider if the applicant for a liquor license can conform to the NLCC's rules and regulations. It states in part: (2) A retail license, craft brewery license, or microdistillery license may be issued to any qualified applicant if the commission finds that (a) the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located, (b) the applicant can conform to all provisions and requirements of and rules and regulations adopted pursuant to the Nebraska Liquor Control Act, (c) the applicant has demonstrated that the type of management and control to be exercised over the premises described in the application will be sufficient to insure that the licensed business can conform to all provisions and requirements of and rules and regulations adopted pursuant to the act, and (d) the issuance of the license is or will be required by the present or future public convenience and necessity. Based upon Investigator Fiala's contacts with Tyson Juhl, it doesn't appear that Tyson qualifies under subsection a, b, or c listed above. By lying to Investigator Fiala and breaking the law in the exact same manner three hours after being cited by Investigator Fiala, his failure to abide by the keg regulations after being told how to do it by Investigator Fiala, and his inability to properly manage his finances and debt obligations, Tyson has demonstrated that he is not fit and willing to conform to the rules and regulations of the Nebraska Liquor Control Act. Tyson also technically supplied a false application by not disclosing all of his convictions. Grand Island Council Session - 3/10/2015 Page 11 / 84 Grand Island Council Session - 3/10/2015 Page 12 / 84 WEDG EW OOD DR BRO OKLINE DR HOLCOMB ST STAGECOACH RD STO LLEY PARK RD W SARATO GACIR BI R C H W O O D L N ASHWOOD LN STO LLEY PARK RD E CHERRYW OODLNISLANDOASIS DREDDY ST SWEDGEWOOD DRLINCOLN AVE SW YANDOTTE STLOCUST ST SBRAHMA ST GAMMA ST W EDG EW OO D RKINGSWOOD DRP A R K W O O D D R DELTA ST HEDDE ST W BELLWOOD DRSANTA ANITA DRROUSH LN BANTAM STC O C HIN S T CHANTICLEER STCOCHIN STBRAHMA STSYLVAN STLOCUST ST SLOCUST ST SSTATE FAIR BLVD µ Liquor ApplicationThe Filling S tation217 E Sto lley P ark Rd. S uite N Class "CK " Legen d Street CenterlineLiquor License Locations 217 E S tolley Pk R d St e.N 1 500'R adius Grand Island Council Session - 3/10/2015 Page 13 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item F-1 #9525 - Consideration of Approving Ordinance Transferring Community Development Division from Finance to Planning Department Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 3/10/2015 Page 14 / 84 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:March 10, 2015 Subject:Consideration of Approving Ordinance Transferring Community Development Division from Finance to Planning Department Item #’s:F-1 Presenter(s):Marlan Ferguson, City Administrator Background In 1973 the Nebraska legislature passed LB 299 which was codified at Neb. Rev. Stat. §§18-2101 – 18-2144. Neb. Rev. Stat. §18-2101.01 states in part, Cities of all classes and villages of this state are hereby granted power and authority to create a community development agency by ordinance, which agency may consist of the governing body of the city or village or a new or existing municipal division or department, or combination thereof.... Cities of all classes and villages of this state are also granted power and authority to do all community development activities, and to do all things necessary to cooperate with the federal government in all matters relating to community development program activities as a grantee, or as an agent or otherwise.... On April 25, 2000 the Grand Island City Council (Council) passed Ordinance 8586 which created the Community Projects Department and the position of Community Projects Department Director. As part of that department the Community Development Division was created as well as the position of Community Development Division Director. The Community Development Division Director answered directly to the Community Projects Department Director. On February 22, 2005 the Council passed Ordinance 8954 which eliminated the Community Projects Department and its Director position. The Community Development Division was transferred to the Planning Department. The Planning Director was assigned to serve as the Director of the Community Development Division as well. Grand Island Council Session - 3/10/2015 Page 15 / 84 On March 28, 2006 the Council passed Ordinances 9036 and 9038 which together transferred references to the Community Development Division from Chapter 2 of the Grand Island City Code (Code) to a newly created Chapter 37. On November 22, 2011 the Council passed Ordinance 9347 which transferred the Community Development Division from the Planning to the Finance Department and designated the Finance Director as the Director of the Community Development Division. That Ordinance created the present state of affairs. Discussion The Administration examined this matter at length and concluded the best way to manage the Community Development Division and provide its services to the community would be to return to the state of affairs that existed prior to the approval of Ordinance 9347. This would mean transferring the Community Development Division from the Finance to the Planning Department and designate the Planning Director as the Director of the Community Development Division. The Ordinance before the Council for consideration accomplishes that. 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 Ordinance #9525. Sample Motion Move to approve Ordinance #9525. Grand Island Council Session - 3/10/2015 Page 16 / 84 Approved as to Form ¤ ___________ March 6, 2015 ¤ City Attorney ORDINANCE NO. 9525 WHEREAS, the functions and responsibilities of the Community Development Division are better suited to and can be more effectively and efficiently carried out by the Planning Department, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: I. That the Grand Island City Code be amended to add the following additional provisions: Chapter 37 – Planning and Community Development Article III. Community Development Division §37-22. Community Development; Purpose The purpose of this article is to set forth the manner in which the City shall exercise all the power and authority to engage in community development activities granted to the City under the statutes of this state, including but not limited to, the Community Development Law set forth in Neb. Rev. Stat. §18-2101, et. seq. Pursuant to §18-2101.01 of that Act, the City hereby assumes all the power and authority granted to an urban renewal authority under said Act. §37-23. Community Development Division There is hereby created a division of the Regional Planning Department to be known as the Community Development Division, which shall be responsible for the performance of all administrative tasks involved in the implementation of the City's community development projects, programs, policies, and procedures adopted under the provisions of this article. §37-24. Director; Appointment The director of the Regional Planning Department shall act as director of the Community Development Division. The director shall be managed by and be subject to the personnel rules for the City of Grand Island. §37-25. Director; Duties The director of the Regional Planning Department shall be responsible for performing the professional work involved in carrying out the purposes of this article, for directing the work of the Community Development §37-26. Advisory Committee There is hereby created a Community Development Advisory Committee consisting of seven members. Six of the members shall be residents of the city of Grand Island. The seventh member shall be a member of the Grand Island City Council. All members shall serve without compensation. The initially appointed representatives shall consist of two appointed for a three-year term, two appointed for a two-year term, and two appointed for a one-year term. Thereafter, all appointments, other than vacancies, shall be for terms of three years. Appointments to fill vacancies shall be for the remainder of the term of the vacated position. All members shall be appointed by the mayor and confirmed by the city council. Members may be removed without cause by the mayor with the consent of the city council. The advisory committee shall establish such rules and procedures as are necessary to carry out its duties. The Community Development Advisory Committee shall have the following duties: Grand Island Council Session - 3/10/2015 Page 17 / 84 - 2 - (1) Monitor and investigate all existing and potential Community Development programs and projects. (2) Make recommendations on all existing and potential Community Development programs and projects, procedures, and all other aspects of the City's community development program. II. That Article VII, Chapter 2, §§2-60 to 2-63 of the Grand Island City Code is hereby repealed. III. This ordinance shall be in full force and will take effect from and after its passage and publication pursuant to law. Enacted: March 10, 2015. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/10/2015 Page 18 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-1 Approving Minutes of February 24, 2015 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 3/10/2015 Page 19 / 84 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 24, 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 February 24, 2015. Notice of the meeting was given in The Grand Island Independent on February 18, 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, Jeremy Jones, 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 Richard King, Solid Rock Baptist Church, 3221 West 13th Street followed by the PLEDGE OF ALLEGIANCE. Mayor Jensen introduced Community Youth Council members Grant Bednar and Miranda Keiper. PRESENTATION AND PROCLAMATIONS: Convention Visitors Bureau Presentation by Executive Director Brad Mellema. Executive Director Brad Mellema introduced Jody Lamp and Melody Dobson from Montana who gave a presentation of the American Door Stop Project. They highlighted the history of the Grand Island Horse and Mule Market here in Grand Island in the early 1900’s. ADJOURN TO BOARD OF EQUALIZATION: Motion by Donaldson, second by Hehnke, carried unanimously to adjourn to the Board of Equalization. #2015-BE-1 –Consideration of Determining Benefits for 2010, 2013 & 2014 Weed/Nuisance Abatement Program. Assistant City Attorney Stacy Nonhof reported that City Code contains a procedure for abating nuisances on properties such as excessive growths of weeds or litter. The Council was to determine the benefits for nuisance and weed abatement for the growing seasons of 2010, 2013 and 2014. Staff recommended approval. Discussion was held concerning the number of years in this assessment. Ms. Nonhof stated there were a few years where weeds were not mowed because of a lack of money. Mr. Sivick stated the last assessment was in 2009 which was during the recession and budgets were tight. Ms. Nonhof explained the process of mowing and billing. Motion by Donaldson, second by Haase to approve Resolution #2015-BE-1. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 3/10/2015 Page 20 / 84 Page 2, City Council Regular Meeting, February 24, 2015 RETURN TO REGULAR SESSION: Motion by Donaldson, second by Paulick carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from Midland Ag Services, Inc. on behalf of Verizon Wireless for a Conditional Use Permit for a 133’ Monopole for Wireless Telecom located at 1203 South Stuhr Road. Building Department Director Craig Lewis reported that Midland Ag Services, Inc. on behalf of Verizon Wireless was requesting a Conditional Use Permit for a 133’ monopole for wireless telecom located at 1203 South Stuhr Road. Staff recommended approval with the condition that the tower be lighted in conformance with FAA Advisory Circular AC 70/7460-1K and that the tower be designed and certified that upon failure the fall zone would be limited to an 80’ radius from the base of the tower protecting the transmission lines. No public testimony was heard. Public Hearing on Request from The Diamond Engineering Company on behalf of Verizon Wireless for a Conditional Use Permit for Construction of an 88’ Wireless Telecom Monopole and Radio Shelter located at 3000 Garland Street. Building Department Director Craig Lewis reported that The Diamond Engineering Company on behalf of Verizon Wireless was requesting a Conditional Use Permit for an 88’ wireless telecom monopole and radio shelter located at 3000 Garland Street. Staff recommended approval. No public testimony was heard. Public Hearing on Amendment to the Redevelopment Plan, a Portion of CRA Area 1, for Downtown Upper Story Residential Life Safety Grant. Regional Planning Director Chad Nabity reported that an amendment to the redevelopment plan for CRA Area 1 would authorize the CRA to create a grant program to subsidize and encourage the development of upper level housing in a specified area of Redevelopment Area 1. The program would not exceed 5 years. Staff recommended approval. Amos Anson, 4234 Arizona Avenue spoke in support. No further public testimony was heard. Public Hearing on Amendment to the 2014-2015 Budget. Interim Finance Director William Clingman introduced Solid Waste Superintendent Jeff Wattier. He reported that due to the severe weather and hail storms last spring and summer a significant impact was created at the Solid Waste Division. The budget amendment would allow the Solid Waste Division to hire a temporary, full-time employee through a staffing agency for assisting transfer station and landfill staff with the increased work load. Staff recommended approval. No public testimony was heard. Public Hearing on the One & Six Year Street Improvement Plan (Continued). Public Works Director John Collins presented a detailed listing of the street improvement projects with their corresponding years in which each project was scheduled. The One & Six Year Street Improvement Plan was presented at the Grand Island/Hall County Regional Planning Commission meeting on February 18, 2015, in which a recommendation of approval was brought forth. Staff recommended approval. Paul Wicht, 1708 Jerry Drive spoke in opposition of stripping Stolley Park Road. No further public testimony was heard. Grand Island Council Session - 3/10/2015 Page 21 / 84 Page 3, City Council Regular Meeting, February 24, 2015 ORDINANCES: Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9519 – Consideration of Amending Salary Ordinance Relative to FTE Title Changes from Public Works Project Manager and Wastewater Project Manager to Engineer I for the Engineering Division of the Public Works Department #9520 - Consideration of Assessing Benefits for 2010, 2013 & 2014 Weed/Nuisance Abatement Program #9521 – Consideration of Vacating Regents Park Subdivision #9522 - Consideration of Amendment to the 2014-2015 Budget #9523 - Consideration of Amending Chapter 15 of the Grand Island City Code Relative to Electricity #9524 - Consideration of Amendments to Chapter 30 of the Grand Island City Code Relative to Sewers and Sewage Disposal be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9519 – Consideration of Amending Salary Ordinance Relative to FTE Title Changes from Public Works Project Manager and Wastewater Project Manager to Engineer I for the Engineering Division of the Public Works Department This item related to the aforementioned Public Hearing. Discussion was held concerning qualifications for these positions. Motion by Paulick, second by Minton to approve Ordinance #9519 on first reading. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. City Clerk: Ordinance #9519 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9519 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9519 is declared to be lawfully adopted upon publication as required by law. #9520 - Consideration of Assessing Benefits for 2010, 2013 & 2014 Weed/Nuisance Abatement Program Grand Island Council Session - 3/10/2015 Page 22 / 84 Page 4, City Council Regular Meeting, February 24, 2015 This item related to the aforementioned Public Hearing. Discussion was held concerning administrative costs and the notification process. Motion by Haase, second by Paulick to approve Ordinance #9520 on first reading. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9520 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9520 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9520 is declared to be lawfully adopted upon publication as required by law. #9521 – Consideration of Vacating Regents Park Subdivision Regional Planning Director Chad Nabity reported that this property was located east of Adams Street and north of Stolley Park Road and no development had taken place. The Grand Island Public School System had purchased the property and was planning on building a new elementary school at this site. Vacating this subdivision would facilitate that new building. Motion by Minton, second by Hehnke to approve Ordinance #9521 on first reading. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9521 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9521 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9521 is declared to be lawfully adopted upon publication as required by law. #9522 - Consideration of Amendment to the 2014-2015 Budget This item related to the aforementioned Public Hearing. Discussion was held concerning the reconciliation versus a budget amendment. Motion by Haase, second by Donaldson to approve Ordinance #9522 on first reading. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9522 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 3/10/2015 Page 23 / 84 Page 5, City Council Regular Meeting, February 24, 2015 City Clerk: Ordinance #9522 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9522 is declared to be lawfully adopted upon publication as required by law. #9523 - Consideration of Amending Chapter 15 of the Grand Island City Code Relative to Electricity Utilities Director Tim Luchsinger reported that with the new Utility Billing Customer Information System it was necessary to clarify City Code Chapter 15 with regards to regulations for electric rates. Mr. Luchsinger answered questions regarding commercial deposits. Motion by Hehnke, second by Donaldson to approve Ordinance #9523 on first reading. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9523 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9523 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9523 is declared to be lawfully adopted upon publication as required by law. #9524 - Consideration of Amendments to Chapter 30 of the Grand Island City Code Relative to Sewers and Sewage Disposal Public Works Director John Collins reported that in an effort to streamline and simplify the sanitary sewer billing process changes to City Code Chapter 30-79 were needed. This change would remove the lower of the two (2) winter quarter water consumption readings for a twelve (12) month sanitary sewer basis. Motion by Haase, second by Paulick to approve Ordinance #9524 on first reading. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9524 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9524 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9524 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 3/10/2015 Page 24 / 84 Page 6, City Council Regular Meeting, February 24, 2015 CONSENT AGENDA: Motion by Paulick, second by Minton to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of February 10, 2015 City Council Regular Meeting. Approving Appointment of Chris Rosacker to the Downtown Business Improvement District 2013 Board. #2015-42 - Approving Final Plat and Subdivision Agreement for Grand Island Public Schools Subdivision. It was noted that Hall County School District 2, owner, had submitted the Final Plat and Subdivision Agreement for Grand Island Public Schools Subdivision for the purpose of creating 1 lot located east of Adams Street and north of Stolley Park Road containing 30.71 acres. #2015-43 - Approving Bid Award - 2016 Truck with Digger Derrick - Line Division Unit 77 with Altec Industries, Inc. of St. Joseph, MO in an Amount of $223,273.00. #2015-44 - Approving Bid Award - Distribution Protection Relays. This item was pulled from the agenda. #2015-45 - Approving Continuing Disclosure Agreement and Certificate of Participant Agreement with OPPD for 2015 Series A Bonds. #2015-46 - Approving Scott Sekutera as Alternate Designated Representative for the EPA Acid Rain Program. #2015-47 - Approving Increase to the City’s Share of the US Highway 34 Improvements from US Highway 281 to South Locust Street – NDOR Project No. STP 34-4(126); Control No. 41994. It was noted the City’s total share would be $158,912.84. #2015-48 - Approving Bid Award for Hot-Mix Asphalt for 2015 with Gary Smith Construction Co., Inc. of Grand Island, NE; Constructors, Inc. of Lincoln, NE; and J.I.L. Asphalt Paving Co. of Grand Island, NE for various types of asphalt per ton. #2015-49 - Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2015 with OK Paving of Hordville, NE in an Amount of $880,905.00. #2015-50 - Approving Bid Award for Concrete Ready-Mix for 2015 with Gerhold Concrete Co., Inc. of Grand Island, NE in an Amount of $85.50 per cubic yard. #2015-51 - Approving Award of Proposal for Aerial Photography of the Grand Island Metropolitan Planning Organizations Planning Area – 2015 with Kucera International Inc. of Willoughby, OH in an Amount of 17,900.00. #2015-52 - Approving Agreement with Olsson Associates for Construction Engineering Services for Capital Avenue Widening – Webb Road to Broadwell Avenue. Grand Island Council Session - 3/10/2015 Page 25 / 84 Page 7, City Council Regular Meeting, February 24, 2015 #2015-53 - Approving Subcontractor County Line Striping of Grand Island, NE for Annual Pavement Marking Contract 2015 – Streets Division of the Public Works Department. #2015-54 - Approving Change Order No. 1 for Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 with The Diamond Engineering Co. of Grand Island, NE for an Increase of $49,028.57 and a Revised Contract Amount of $974,321.27. #2015-55 - Approving Demo and Installation of New Bathroom Fixtures at Island Oasis Water Park with Sewer Rooter & Plumbing Co, Inc. of Grand Island, NE in an Amount of $45,540.90. REQUESTS AND REFERRALS: Consideration of Approving the Request from Midland Ag Services, Inc. on behalf of Verizon Wireless for a Conditional Use Permit for a 133’ Monopole for Wireless Telecom located at 1203 South Stuhr Road. This item related to the aforementioned Public Hearing. Discussion was held concerning lighting the tower. Motion by Nickerson, second by Haase to approve with the conditions as set forth in the Public Hearing. Upon roll call vote, all voted aye. Motion adopted. Consideration of Approving the Request from The Diamond Engineering Company on behalf of Verizon Wireless for a Conditional Use Permit for Construction of an 88’ Wireless Telecom Monopole and Radio Shelter located at 3000 Garland Street. This item related to the aforementioned Public Hearing. Motion by Donaldson, second by Paulick to approve. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2015-56 - Consideration of Approving the Grant Application to Civic and Community Center Financing Fund regarding Island Oasis Expansion. Community Development Specialist Charley Falmlen reported that the Community Development Division was proposing to submit a grant pre-application to the Nebraska Department of Economic Development’s Civic and Community Center Financing Fund requesting $800,000 to assist in funding the proposed $1.6 million Children’s Wet Playground at Island Oasis Waterpark. Motion by Paulick, second by Minton to approve Resolution #2015-56. Upon roll call vote, all voted aye. Motion adopted. #2015-57 - Consideration of Approving the Amendment to the Redevelopment Plan, a Portion of CRA Area 1, for Downtown Upper Story Residential Life Safety Grant. This item related to the aforementioned Public Hearing. Comments were made regarding the importance of these projects. Amos Anson commented on the importance of developing downtown and an easy Grand Island Council Session - 3/10/2015 Page 26 / 84 Page 8, City Council Regular Meeting, February 24, 2015 process to help developers. Mr. Nabity answered questions regarding Tax Increment Financing (TIF) on these projects. Council President Donaldson stated she would like to see TIF as a part of this process from the beginning. It was recommended to bring that topic back to a future council meeting. Motion by Haase, second by Hehnke to approve Resolution #2015-57. Upon roll call vote, all voted aye. Motion adopted. #2015-58 - Consideration of Approving Resolution Recognizing IBEW Local #1597 Service/Clerical as Labor Representative for the Community Service Officers. City Attorney Robert Sivick reported that the Community Service Officers were seeking labor representation from IBEW Local 1597 Service/Clerical. It was recommended that the City voluntarily recognize the IBEW as the labor representative of the Community Service Officers and amend the present contract with the IBEW Service/Clerical. Motion by Paulick, second by Nickerson to approve Resolution #2015-58. Upon roll call vote, all voted aye. Motion adopted. #2015-59 - Approving Lease of Gas Power Motorized Golf Cars and Trade-In for Jackrabbit Run Golf Course. Parks and Recreation Director Todd McCoy reported that Jackrabbit Run Golf Course currently owned and operated 53 electric Club Car golf cars for patron rental. Request for Proposals were received for the Lease of Gas Power Motorized Golf Cars and Fleet Trade-In. It was recommended that Masek Distributing, Inc. of Gering, NE be awarded the lease in an amount of $18,250.00 per year for five years. Doug Sweeney answered questions regarding gas storage. Motion by Haase, second by Minton to approve Resolution #2015-59. Upon roll call vote, all voted aye. Motion adopted. #2015-60 - Consideration of Approving the One & Six Year Street Improvement Plan. This item related to the aforementioned Public Hearing. It was mentioned that Stolley Park would come back to Council before final action was taken. Motion by Stelk, second by Hehnke to approve Resolution #2015-60. Upon roll call vote, all voted aye. Motion adopted. #2015-61 - Consideration of Approving FTE Title Changes from Public Works Project Manager and Wastewater Project Manager to Engineer I for the Engineering Division of the Public Works Department. Public Works Director John Collins reported that the department was experiencing difficulty hiring some positions within the Engineering Division. In order to attract more qualified applicants it was recommended that a title change be made for Public Works Project Manager and Wastewater Project Manager to Engineer I for both positions. Motion by Hehnke, second by Minton to approve Resolution #2015-61. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. Grand Island Council Session - 3/10/2015 Page 27 / 84 Page 9, City Council Regular Meeting, February 24, 2015 PAYMENT OF CLAIMS: Motion by Donaldson, second by Nickerson to approve the Claims for the period of February 11, 2015 through February 24, 2015, for a total amount of $4,764,484.18. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:10 p.m. RaNae Edwards City Clerk Grand Island Council Session - 3/10/2015 Page 28 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-2 Receipt of Official Document – Tort Claim filed by Dr. Stacy Van Horn Staff Contact: RaNae Edwards Grand Island Council Session - 3/10/2015 Page 29 / 84 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:March 10, 2015 Subject:Receipt of Official Document – Tort Claim filed by Dr. Stacy Van Horn Item #’s:G-2 Presenter(s):RaNae Edwards, City Clerk Background The City of Grand Island has received a Notice of Tort Claim from Dr. Stacy Van Horn alleging certain claims in connection with an unlawful arrest on an arrest warrant, on a charge for violation of a Domestic Violence Protection Order which occurred on or about February 21, 2014. Without getting into issues concerning the City’s and other parties’ liability, and whether the claim of Dr. Stacy Van Horn is fair and reasonable, we are simply providing a copy of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act. For a person to assert a tort claim against the City of Grand Island, a written notice of the claim must be filed with the City Clerk, Secretary or other official responsible for keeping official records. The claim must be filed within one year of the accrual of the claim, and the Council has six months to act on the claim. No suit can be filed until after the Council acts on the claim, or the six months has run. Historically, the City of Grand Island has simply let the six months run. Not all claims result in a suit being filed, so it makes good sense to not act affirmatively in many instances. In any event, if you wish to look further into this claim, please contact the City Attorney's office, and we will provide you with the information which we have in connection with the claim. Our recommendation is to continue to take no affirmative action on tort claims. It must be emphasized that by providing copies of alleged claims to you, we are not making an admission or representation that a claim has been properly filed in any respect. We also recommend that no comments concerning a particular claim be made during Council meetings, unless you decide to bring the matter on for formal Grand Island Council Session - 3/10/2015 Page 30 / 84 consideration. Even then, we ask that comments be carefully considered so that the legal rights of all parties are preserved. Discussion This is not an item for council action other than to simply acknowledge that the claim has been received. Recommendation City Administration recommends that the Council take no action other than acknowledge receipt of the claim. Sample Motion Move to approve acknowledgement of the Tort Claim filed by Dr. Stacy Van Horn. Grand Island Council Session - 3/10/2015 Page 31 / 84 Grand Island Council Session - 3/10/2015 Page 32 / 84 Grand Island Council Session - 3/10/2015 Page 33 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-3 #2015-62 - Approving Final Plat and Subdivision Agreement for Heins Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 3/10/2015 Page 34 / 84 Council Agenda Memo From: Interjurisdictional Planning Commission Meeting: March 10, 2015 Subject: Heins Subdivision – Final Plat Item #’s: G-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Gunbarrel Road and South of "E" Road, in the two mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. Consisting of (1 Lot) and .754 acres. Discussion The revised final plat for Heins Subdivision was considered by the Interjurisdictional Planning Commission at the February 18, 2015 meeting. A motion was made by Odgen and seconded by Wiegert to recommend approval of the plat for Heins Subdivision as presented. Six members present voted in favor of the motion (Odgen, Connelly, Bredthauer, Riblett, Sears and Wiegert). 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 final plat as presented. Sample Motion Motion to approve as recommended. Grand Island Council Session - 3/10/2015 Page 35 / 84 Developer/Owner Patricia Lynn Rut 609 W 5th St York NE 68467 To create 1 lot east of Gunbarrel Rd., and south of “E” Rd., in the two mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. Size: .754 acres Zoning: AG-1 Road Access: City roads are available Water Public: City water is not available Sewer Public: City sewer is not available Grand Island Council Session - 3/10/2015 Page 36 / 84 Approved as to Form ¤ ___________ March 6, 2015 ¤ City Attorney R E S O L U T I O N 2015-62 WHEREAS, Patricia Lynn Rut and Keith Rut, wife and husband, Kristi Jolene Hafer, a single person, Jaci Lanell Speakman and Troy Speakman, wife and husband and Randell Lee Luebbe, a single person being the said owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “HEINS SUBDIVISION”, to be laid out into 1 lot, a tract of land comprising a part of the Northwest Quarter (NW1/4), of Section Nineteen (19), Township Twelve (12) North, Range Eight (8) West of the 6th P.M., in the two mile jurisdiction of the City of Grand Island, Merrick County Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of HEINS SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 10th 2015. _______________________________________ Jeremy L Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/10/2015 Page 37 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-4 #2015-63 - Approving Final Plat and Subdivision Agreement for Bill Baasch Acres Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 3/10/2015 Page 38 / 84 Council Agenda Memo From: Regional Planning Commission Meeting: March 10, 2015 Subject: Bill Baasch Acres Subdivision – Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of US Hwy 34 and south and east of Blaine Street in the City of Grand Island, in Hall County, Nebraska. Consisting of (2 Lots) and 4.825 acres. This property is already divided by Blaine Street. This action by the Council just confirms earlier actions by the County Board when Blaine Street was constructed at this location. Discussion The plat for Bill Baasch Acres Subdivision Plat was considered by the Regional Planning Commission at the March 4, 2015 meeting. A motion was made by Bredthauer and seconded by Huismann to approve the plat as presented. A roll call vote was taken and the motion passed with 8 members present and voting in favor (O’Neill, Ruge, Heckman, Haskins, Robb, Maurer, Huismann and Bredthauer) and no one voting against. 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 - 3/10/2015 Page 39 / 84 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Motion to approve as recommended. Grand Island Council Session - 3/10/2015 Page 40 / 84 Grand Island Council Session - 3/10/2015 Page 41 / 84 William H. Baasch Developer/Owner 3180 S. Blaine Street Grand Island NE 68803 To create 2 lots located on Blaine Street north of U.S. Highway 34 in the City of Grand Island, in Hall County, Nebraska. Size: 4.825 acres Zoning: LLR Large Lot Residential Road Access: City Streets adjacent Water Public: City water is not available. Sewer Public: City sewer is not available. Grand Island Council Session - 3/10/2015 Page 42 / 84 Approved as to Form ¤ ___________ March 6, 2015 ¤ City Attorney R E S O L U T I O N 2015-63 WHEREAS, William H. Baasch, a Widower being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “BILL BAASCH ACRES SUBDIVISION”, to be laid out into 2 lots, on a tract of land comprising a Part of Lot Six (6) and a Part of the East Half of Lot Eight (8) and the accretion thereto, Riverside Farm Subdivision of a part of the Southeast Quarter (SE1/4) of Section Twenty Nine (29), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of BILL BAASCH ACRES SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 10, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/10/2015 Page 43 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-5 #2015-64 - Approving an Amendment to the Subdivision Agreement for Meadowlark West Fourth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 3/10/2015 Page 44 / 84 Council Agenda Memo From: Regional Planning Department Meeting: March 10, 2015 Subject: Amendment to Subdivision Agreement for Meadowlark West Fourth Subdivision Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located the west side of Webb Road north of Baristas. The original subdivision agreement for prohibited an access to this lot from Webb Road. The prospective owner of this property has requested that the City of Grand Island permit an access from Webb Road on to this lot (Lot Eleven (11) of Meadowlark West Fourth Subdivision in the City Of Grand Island). Discussion The Grand Island Public Works Department Engineering division has reviewed a request from the potential owner of this property for an access drive onto Webb Road along the north side of Lot 11 of Meadowlark West Fourth Subdivision. The determination has been made that an access at this point would benefit traffic flows in and around the subdivision if the access is made available to the public and includes access to Lot 12 to the north of this lot. The owners of the property have caused an easement "Webb Road Access" in a form that is acceptable to the City of Grand Island. In exchange for filing the access easement and making the city party to that easement staff is recommending that the subdivision agreement for Lot 11 of Meadowlark West Fourth Subdivision be amended as follows: The City shall permit a 30 foot drive access at Webb Road in the north 44.5 feet of lot 11 subject to the terms of the access easement and defined as “Webb Road Access Drive” as shown in the easement documentation included as Exhibit A” Grand Island Council Session - 3/10/2015 Page 45 / 84 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 amended agreement as presented. Sample Motion Motion to approve as recommended. Grand Island Council Session - 3/10/2015 Page 46 / 84 Lot 11 of Meadowlark West Fourth Subdivision located between Webb Road and Home Depot immediately north of Barristas. Grand Island Council Session - 3/10/2015 Page 47 / 84 Approved as to Form ¤ ___________ March 6, 2015 ¤ City Attorney R E S O L U T I O N 2015-64 WHEREAS Allen Webb Road LLC, A Nebraska Limited Liability Company, being the owners of the land described hereon and Raile Investments, LLC, A Nebraska Limited Liability Company being a proposed owner of said land, have requested an amendment to the subdivision agreement for Meadowlark West Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska; and WHEREAS, the City of Grand Island Public Works Department, Engineering Division, has reviewed this request and finds that this access along with the proposed access easement are in the best interest of the public for providing safe traffic patterns in and around this subdivision; and WHEREAS, the City of Grand Island has reviewed the easement to be filed on said Lot Eleven (11) permitting public access across said Lot Eleven (11) and agrees with the form of said easement; and WHEREAS, the following language shall be included in the amended subdivision agreement “The City shall permit a 30 foot drive access at Webb Road in the north 44.5 feet of lot 11 subject to the terms of the access easement and defined as “Webb Road Access Drive” as shown in the easement documentation included as Exhibit A”; and WHEREAS, an amendment to the subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of the amended subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 10, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/10/2015 Page 48 / 84 Grand Island Council Session - 3/10/2015 Page 49 / 84 Grand Island Council Session - 3/10/2015 Page 50 / 84 Grand Island Council Session - 3/10/2015 Page 51 / 84 Grand Island Council Session - 3/10/2015 Page 52 / 84 Grand Island Council Session - 3/10/2015 Page 53 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-6 #2015-65 - Approving Bid Award - Circulation Water Pump Repair 1A at Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/10/2015 Page 54 / 84 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:March 10, 2015 Subject: Circulation Water Pump Repair 1A at Platte Generating Station Item #’s:G-6 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Platte Generating Station utilizes two circulation water pumps to supply cooling water from the cooling tower to the turbine-generator condenser. Although one pump can satisfy most load conditions, both pumps are required for maximum plant capacity. One of the pumps was rebuilt two years ago. Specifications for a rebuild of the second pump were developed based on the previous pump inspection report. Discussion Specifications for the Circulation Water Pump Repair 1A were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on February 24, 2015. The engineer’s estimate for this project was $100,000.00. Bid packages were sent to eight potential bidders and the results are as follows: Bidder Base Bid Price Adjusted Price Pioneer Industrial Corp.$ 50,679.13 $ 50,679.13 Kansas City, Missouri Rotating Equipment Repair $ 73,952.00 $ 76,304.91 Sussex, Wisconsin Brimhall Industrial, Inc.$ 74,819.75 $ 71,837.47 Monte Vista, Colorado RuhrPumpen, Inc.$ 69,295.00 $ 69,954.50 Tulsa, Oklahoma XYLEM $ 78,890.00 $ 78,890.00 Pewaukee, Wisconsin Grand Island Council Session - 3/10/2015 Page 55 / 84 Bidder Base Bid Price Adjusted Price Engineered Pump Services, Inc.$ 109,000.00 $ 112,284.40 Tulsa, Oklahoma JCI Industries $ 79,140.00 $ 78,090.41 Lee’s Summit, Missouri The bids were reviewed by plant engineering staff. The bids from Rotating Equipment Repair, Brimhall Industrial, Engineered Pump Services, and JCI Industries were adjusted to reflect the correct amount of taxes applied to each bid for comparison. The bid from Pioneer Industrial Corporation and RuhrPumpen listed exceptions which were determined to be unacceptable and non-compliant with the specification. With the tax adjustment, the bid from Brimhall has no exceptions, is compliant with specifications and 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 Circulation Water Pump Repair 1A, to Brimhall Industrial, Inc., of Monte Vista, Colorado, as the low responsive bidder, with the bid in the amount of $71,837.47. Sample Motion Motion to approve the bid in the amount of $71,837.47 from Brimhall Industrial, Inc., for the Circulation Water Pump Repair 1A at Platte Generating Station. Grand Island Council Session - 3/10/2015 Page 56 / 84 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 24, 2015 at 2:00 p.m. FOR:Circulation Water Pump Repair 1A DEPARTMENT:Utilities ESTIMATE:$100,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:February 7, 2015 NO. POTENTIAL BIDDERS:8 SUMMARY Bidder:Pioneer Industrial Corp.Rotating Equipment Repair, Inc. Kansas City, MO Sussex, WI Bid Security:Great American Insurance Co.Cashier’s Check Exceptions:Noted None Bid Price: Material:$28,088.00 $33,613.00 Labor:$20,625.00 $40,339.00 Sales Tax:$ 1,966.13 ---____ Total:$50,679.13 $73,952.00 Bidder:Brimhall Industrial, Inc.Ruhrpumpen Inc. Monte Vista, CO Tulsa, OK Bid Security:Cashier’s Check Travelers Casualty & Surety Co. Exceptions:None Noted Bid Price: Material:$27,321.00 $18,850.00 Labor:$42,604.00 $49,785.00 Sales Tax:$ 4,894.75 $ 1,320.00 Total:$74,819.75 $69,295.00 Grand Island Council Session - 3/10/2015 Page 57 / 84 Bidder:XYLEM Water Solutions Engineered Pump Services Inc. Pewaukee, WI Mukwonago, WI Bid Security:Liberty Mutual Cashier’s Check Exceptions:None Noted Bid Price: Material:$27,000.00 $ 46,920.00 Labor:$50,000.00 $ 62,080.00 Sales Tax:$ 1,890.00 ---____ Total:$78,890.00 $109,000.00 Bidder:JCI Industries Lee’s Summit, MO Bid Security:NGM Insurance Co. Exceptions:None Bid Price: Material:$58,963.00 Labor:$15,000.00 Sales Tax:$ 5,177.00 Total:$79,140.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Marlan Ferguson, City Administrator William Clingman, Interim Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utility Secretary Mike Steinke, PGS Maintenance Supervisor P1797 Grand Island Council Session - 3/10/2015 Page 58 / 84 Approved as to Form ¤ ___________ March 6, 2015 ¤ City Attorney R E S O L U T I O N 2015-65 WHEREAS, the City of Grand Island invited sealed bids for Circulation Water Pump Repair 1A at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 24, 2015, bids were received, opened and reviewed; and WHEREAS, Brimhall Industrial, Inc., of Monte Vista, Colorado, 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 $71,837.47; and WHEREAS, the bid of Brimhall Industrial, Inc., is less than the estimate for Circulation Water Pump Repair 1A. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Brimhall Industrial, Inc. in the amount of $71,837.47 for Circulation Water Pump Repair 1A at Platte Generating Station, is hereby approved as the lowest responsive bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 10, 2015. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/10/2015 Page 59 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-7 #2015-66 - Approving Change Order #3 with AMEC for Water Treatment System for Air Quality Control Project at Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/10/2015 Page 60 / 84 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:March 10, 2015 Subject: Air Quality Control System at Platte Generating Station – AMEC - Change Order #3 Item #’s:G-7 Presenter(s):Timothy Luchsinger, Utilities Director Background On December 21, 2011, EPA released the Mercury and Air Toxics Standards (MATS), requiring the maximum achievable control technology for mercury and other hazardous pollutants from electric generating units, with a compliance date of March 2015, although an additional one year for compliance may be granted by individual states. The City of Grand Island hired Kiewit Engineering to study the best options available to meet the MATS requirements. Kiewit developed a specification for an Engineering Procurement Contract (EPC) and it was publicly bid. On January 8, 2013, Council approved and the City of Grand Island entered in to an Engineering Procurement Contract with AMEC of Tucker, Georgia, to install a scrubber, baghouse, and mercury removal system at the Platte Generating Station for $41,189,331.00. Discussion The removal of acid gases from the combustion of coal requires mixing water and lime. When lime and hard water mix, a precipitation of calcite occurs and plates out on the system piping. Commissioning and testing phase is in progress of the Air Quality Control System (AQCS) and calcite formation is occurring faster than anticipated and causing maintenance to clean the calcite from the piping and atomizers three times more than expected. As part of developing a solution to reduce the maintenance, plant engineers contacted OPPD staff at Nebraska City Unit 2. The NC2 Air Quality Control System is similar to that of the Platte Generating Station, and had similar water quality issues which resulted Grand Island Council Session - 3/10/2015 Page 61 / 84 in the installation of a water treatment system to soften the water and improve the system reliability. Different types of water treatment were evaluated by plant engineering staff with AMEC, and it was determined that a reverse osmosis system was the preferred solution to reduce the formation of calcite on the piping. AMEC received bids for equipment and installation of the water treatment system, and the addition of this scope to the original contract will allow AMEC to ensure the water treatment system is integrated with the new Air Quality Control System and does not adversely affect the performance of other equipment or the system. The basis for the change and the cost change has been reviewed by Department management staff, and is contractually justified and reasonable. The total for this change order is $870,309.37 and increases the contract by 2.06% to $43,010,551.37. 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 authorizing Change Order #3 to the Air Quality Control System at Platte Generating Station for Water Treatment System for an addition to the contract price of $870,309.37. Sample Motion Motion to approve Change Order #3 with AMEC in the amount of $870,309.37 for the Air Quality Control System at Platte Generating Station. Grand Island Council Session - 3/10/2015 Page 62 / 84 Grand Island Council Session - 3/10/2015 Page 63 / 84 Grand Island Council Session - 3/10/2015 Page 64 / 84 Approved as to Form ¤ ___________ March 6, 2015 ¤ City Attorney R E S O L U T I O N 2015-66 WHEREAS, AMEC of Tucker, Georgia, was awarded the contract for Air Quality Control System (AQCS) at Platte Generating Station, at the January 8, 2013 City Council meeting; and WHEAREAS, to reduce the maintenance and extend the life of the equipment, it is recommended that a reverse osmosis system to treat the water be installed; and WHEREAS, the addition of this system to the original contract will allow AMEC to ensure the water treatment system is integrated with the new Air Quality Control System and does not adversely affect the performance of other equipment or the system; and WHEREAS, AMEC received bids for equipment and installation of the water treatment system, and the basis for the change and the cost has been reviewed by department management staff, and is contractually justified and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #3 with AMEC of Tucker, Georgia, resulting in an additional cost of $870,309.37, for a final contract price of $43,010,551.37, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 10, 2015. ___________________________ Jeremy L. Jensen, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/10/2015 Page 65 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-8 #2015-67 - Approving Agreement with Olsson Associates for the Grand Island Area Metropolitan Planning Organization (GIAMPO) Long Range Transportation Plan Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/10/2015 Page 66 / 84 Council Agenda Memo From:John Adams, MPO Program Manager Meeting:March 10, 2015 Subject:Approving Agreement with Olsson Associates for the Grand Island Area Metropolitan Planning Organization (GIAMPO) Long Range Transportation Plan Item #’s:G-8 Presenter(s):John Collins PE, Public Works Director Background All agreements must be approved by the City Council. In March 2013 the City of Grand Island was designated as an urbanized area with a population over 50,000 thus requiring the metropolitan area to establish a transportation planning process in accordance with Title 23 CFR 450 of the current Federal transportation bill. On July 8, 2014, by Resolution No. 2014-187, City Council approved the program agreement with the Nebraska Department of Roads (NDOR) for the purpose of assisting the Local Public Agency (LPA) [i.e. the City of Grand Island] in obtaining Federal approval and financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the 2015 fiscal year. On August 12, 2014, by Resolution No. 2014-215 City Council approved the agreement with NDOR and the City for the purpose of Performance Based Long Range Transportation Planning, which allows the City to received federal funds for the development of this process. Such agreement was developed in accordance to Map-21, for the City of Grand Island; which upon approval became effective until such time the LPA’s Federal-aid project is finished and final financial settlement has been completed. If the LPA determines for any reason not to continue with the development of this project as a Federal-aid project, the LPA shall notify the State to negotiate any necessary project termination conditions. The Federal share payable on a portion of this project at that time was 80% of the eligible costs up to maximum of $150,000.00. A core requirement of the Transportation Planning Process is the development of a multimodal Long Range Transportation Plan, identifying existing and projected deficiencies in the Transportation System within the urbanized area. A Request for Qualifications (RFQ) for consulting services for the Long Range Transportation Plan was advertised in the Grand Island Independent on October 14, 16 & 18, 2014. The RFQ was also sent electronically to seventy-four (74) firms by the Engineering Division of the Public Works Department. Grand Island Council Session - 3/10/2015 Page 67 / 84 Discussion Three (3) proposals were opened on November 4, 2014 and reviewed and scored, based on the evaluation criteria listed in the RFQ. Preliminary Selection Criteria Professional qualifications necessary for satisfactory performance 15 Pts Specialized experience and technical competence in the type of work required 20 Pts Past performance on contracts with government agencies and private industry 15 Pts The capacity to accomplish the work in the required time 10 Pts Understanding of the project 25 Pts Approach to the project 15 Pts Final Selection Qualifications 25 Pts Ability to perform the work 25 Pts Quality of interview 25 Pts Approach to the project 25 Pts The proposal submitted by Olsson Associates of Grand Island, Nebraska was scored as the best firm to complete the required work. The total negotiated cost for development of the plan is $527,747.66, with federal participation at approximately $150,000 and local participation at approximately $377,747.66 for the life of the project. The LPA has earmarked and will place in its fiscal budget sufficient funds to pay all project costs not paid for by Federal funds, such costs are currently estimated to be $377,747.66, but such costs may increase or decrease due to variations between the estimated and actual project costs and any additional federal participation the MPO can obtain. The Long Range Transportation Plan may be eligible for an additional federal fund participation of approximately $135,000, which will be incorporated by amendment at a later date. All aspects of the project must remain eligible for Federal funding and decisions made and actions taken for the project must have adequate supporting documentation filed. 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 - 3/10/2015 Page 68 / 84 Recommendation City Administration recommends that the Council approve the agreement with Olsson Associates of Grand Island, Nebraska in the amount of $527,747.66 and authorize the Mayor to sign the agreement. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/10/2015 Page 69 / 84 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR PERFORMANCE BASED LONG RANGE TRANSPORTATION PLAN RFP DUE DATE: November 4, 2014 at 4:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: October 14, 16 & 18, 2014 NO. POTENTIAL BIDDERS: 74 SUMMARY OF PROPOSALS RECEIVED Olsson Associates Felsburg Holt & Ullevig Grand Island, NE Omaha, NE Iteris Lincoln, NE cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent P1772 Grand Island Council Session - 3/10/2015 Page 70 / 84 Approved as to Form ¤ ___________ March 6, 2015 ¤ City Attorney R E S O L U T I O N 2015-67 WHEREAS, on July 8, 2014, by Resolution No. 2014-187, City Council approved the program agreement with the Nebraska Department of Roads (NDOR) for the purpose of assisting the Local Public Agency (LPA) [i.e. the City of Grand Island] in obtaining Federal approval and financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the 2015 fiscal year; and WHEREAS, on August 12, 2014, by Resolution No. 2014-215 City Council approved the agreement with NDOR and the City for the purpose of Performance Based Long Range Transportation Planning, which allows the City to received federal funds for the development of this process; and WHEREAS, a core requirement of the Transportation Planning Process is the development of a multimodal Long Range Transportation Plan, identifying existing and projected deficiencies in the Transportation System within the urbanized area; and WHEREAS, the City of Grand Island invited proposals for consulting services for the Long Range Transportation Plan, according to the Request for Qualifications on file with the Engineering Division of the Public Works Department; and WHEREAS, on November 4, 2014 proposals were received, reviewed and evaluated in accordance with established criteria in the RFQ; and WHEREAS, Olsson Associates of Grand Island, Nebraska submitted a proposal in accordance with the terms of the Request for Qualifications and all statutory requirements contained therein and the City Procurement Code with the work performed at $527,747.66; and WHEREAS, federal participation will be approximately $150,000 and local participation will be approximately $377,747.66 for the life of the project; and WHEREAS, The Long Range Transportation Plan may be eligible for an additional federal fund participation of approximately $135,000, which will be incorporated by amendment at a later date; and WHEREAS, all aspects of the project must remain eligible for Federal funding and decisions made and actions taken for the project must have adequate supporting documentation filed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Olsson Associates of Grand Island, Nebraska for consulting services for the Long Range Transportation Plan is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 10, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/10/2015 Page 71 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-9 #2015-68 - Approving Authorizing Clean Water State Revolving Fund (CWSRF) Loans Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/10/2015 Page 72 / 84 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:March 10, 2015 Subject:Consideration of Authorizing Clean Water State Revolving Fund (CWSRF) Loans Item #’s:G-9 Presenter(s):John Collins PE, Public Works Director Background On June 10, 2014, a public hearing was held and resolution 2014-162 was approved by Council in support of receiving up to $40,000,000 in Clean Water State Revolving Fund (CWSRF) loans administered by the Nebraska Department of Environmental Quality (NDEQ) to continue Sanitary Sewer Collection System and Wastewater Treatment Plant Improvement. As presented at the public hearing, CWSRF loan terms will provide repayment of principal and interest beginning 3 years following the award of each loan or at initiation of each project, whichever is sooner. The first interest payment is due June 15, 2015, with principal payments not being required for 3 years. Interest rates will range from 2 ¼% for green projects - 2 1/2% for non-green projects. These rates include a 1% administration fee. As discussed at the meeting on June 10, 2014, it is possible to advance the project schedule to complete projects sooner than originally expected with the financing plan presented. Lift Stations are high cost items that increase the creation of damaging chemicals such as hydrogen sulfide (the chemical primarily responsible for shortening the life of the Northeast Interceptor by more than 30%). The new Headworks and Phases 1 and 2 of the North Interceptor allow 8 lift stations to be abandoned. Accelerating construction could allow an additional 3 lift stations to be abandoned, saving operating costs and extending the life of the new infrastructure. The two (2) CWSRF loans with NDEQ will be a parity obligation with the City’s outstanding 2013 Sewer Revenue Bonds issued on September 17, 2013 with current principal amount of $34,030,000, which is currently the only outstanding debt payable from revenues of the City’s wastewater system. This additional financing will be within the constraints of the rate study provided by Black and Veatch in September of 2013 approved by Council. Grand Island Council Session - 3/10/2015 Page 73 / 84 On June 10, 2014 City Council approved Resolution No. 2014-162, which authorized a maximum principal amount of debt expected to be issued for Sanitary Sewer Collection System and Wastewater Treatment Plant Improvements at $74,275,000, with debt expected to include up to $40,000,000 in principal amount of loan funds from the Clean Water State Revolving Loan Fund program. Ordinance No. 9493 was approved by City Council on July 29, 2014 giving formal approval to the NDEQ borrowing in a principal amount of up to $40,000,000. Subsequently, each loan document with NDEQ will be presented for approval by Council resolution. On September 9, 2014 City Council approved Resolution No. 2014-273 which gave approval for the City to enter into loan contracts in the total amount of $7,000,000 between the Nebraska Department of Environmental Quality and the City of Grand Island, Nebraska; designated as Project No. C317867 (non-green), in the amount of $6,000,000 and Project No. C317981 (green), in the amount of $1,000,000. Discussion The request at this time is to amend the green loan contract known as Project No. C317981 (green) from $1,000,000 to $29,000,000 with the Nebraska Department of Environmental Quality (NDEQ). The interest rate on such loan is $1.25% with a term of 20 years. 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 a resolution authorizing execution of the amended loan contract for a total amount of $29,000,000 with Nebraska Department of Environmental Quality (NDEQ) for Sanitary Sewer Collection System and Wastewater Treatment Plant Improvements. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/10/2015 Page 74 / 84 Approved as to Form ¤ ___________ March 6, 2015 ¤ City Attorney R E S O L U T I O N 2015-68 WHEREAS, the City of Grand Island, Nebraska recognizes that a properly sized and functioning sewer system is necessary to the health and welfare of the citizens of the City of Grand Island; and WHEREAS, the Mayor and City Council have determined that portions of the Grand Island sewer system are in need of significant repair and improvement, and that sewer service is needed in areas in and around Grand Island; and WHEREAS, funding for the cost of the repair and improvement of portions of the Grand Island sewer system may be obtained by loans from Clean Water State Revolving Funds (“CWSRF”) from the Nebraska Department of Environmental Quality (“NDEQ”), subject to certain requirements and obligations; and WHEREAS, City Council approved Resolution No. 2014-162 on June 10, 2014, which authorized a maximum principal amount of debt expected to be issued for Sanitary Sewer Collection System and Wastewater Treatment Plant Improvements at $74,275,000, with debt expected to include up to $40,000,000 in principal amount of loan funds from the Clean Water State Revolving Loan Fund program; and WHEREAS, City Council approved Ordinance No. 9493 on July 29, 2014 (the “Ordinance”) giving formal approval to the NDEQ borrowing in a principal of not to exceed $40,000,000, which Ordinance requires that each NDEQ Note and NDEQ Contract (as such terms are defined in the Ordinance) entered into with respect to such amount be approved by resolution of the City Council prior to execution and delivery thereof; and WHEREAS, the execution of the contracts for loans, in the total amount of $7,000,000.00, between the NDEQ and the City designated as Project No. C317867 (the “Non-Green Contract”), in the amount of $6,000,000 and Project No. C317981 (the “Green Contract”; and together with the Non-Green Contract, the “NDEQ Contracts”), in the amount of $1,000,000 were approved by Resolution 2014-273 adopted by the City Council on September 9, 2014, and the Contracts were executed and delivered to NDEQ on September 12, 2014; and WHEREAS, the City and NDEQ propose to amend the Green Contract to increase the maximum borrowing amount from $1,000,000 to $29,000,000, thereby bringing the total amount of the loans under the Contracts to a drawable amount of $35,000,000 pursuant to the Ordinance; and WHEREAS, NDEQ has proposed a form of amendment to the Green Contract to increase the principal amount of the loan thereunder, which amendment is in the form of Amendment No. 1 to Loan Contract between NDEQ and the City for NDEQ Project No. 317981 (the “Amendment No. 1”), which is incorporated by reference into this Resolution as if fully set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of Amendment No. 1 between the City and NDEQ is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk, and City Treasurer are hereby directed to execute and deliver Amendment No. 1 and all other documents, certificates and Grand Island Council Session - 3/10/2015 Page 75 / 84 - 2 - instruments necessary to facilitate the loans evidenced by the Contracts and Amendment No. 1 between NDEQ and the City for the purpose of repairing and improving the City of Grand Island sewer system; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and City Treasurer, be authorized and directed to sign all necessary documents, to furnish such assurances to the State of Nebraska as may be required by law or regulations, and to receive payment on behalf of the applicant. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 10, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/10/2015 Page 76 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item G-10 #2015-69 - Approving Amendment No. 1 to Agreement for Design Services for Kaufmann-Cummings Park Staff Contact: Stacy Nonhof, Assistant City Attorney Grand Island Council Session - 3/10/2015 Page 77 / 84 Council Agenda Memo From:Stacy Nonhof, Assistant City Attorney Meeting:March 10, 2015 Subject:Approving Amendment No.1 to Agreement for Design services for Kaufmann-Cummings Park Item #’s:G-10 Presenter(s):Charley Falmlen, Community Development Specialist Background On January 28, 2014, by Resolution No. 2014-14 the City entered into an agreement with Kinghorn Horticulture Services, Inc. d.b.a. Dropseed Studio for design services for Kaufmann-Cummings Park in the amount of $9,000.00 Discussion The original agreement with Kinghorn Horticulture Services, Inc. is now being supplemented to allow for construction document preparation. The construction phase services will now be with Vireo, as the original designer with Kinghorn has left that company, and was not replaced by Kinghorn. The original designer took the designs of Kaufmann-Cummings Park with him, with permission of Kinghorn. The designer will use those original designs to develop the construction documents. The increase in cost for Amendment No. 1 is $22,500.00 for a revised agreement of $31,500.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 3/10/2015 Page 78 / 84 Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign Amendment No. 1 and contract documents with Vireo in the amount of $22,500.00 for the construction document preparation for Kaufmann-Cummings Park. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/10/2015 Page 79 / 84 Robert J. Sivick, City Attorney Stacy R. Nonhof, Assistant City Attorney March 4, 2015 TO: Vireo 1111 N 13th St. Ste. 116 Omaha, NE 68102 PROJECT:Construction Documents for Kaufmann-Cummings Park You are hereby directed to develop the construction documents for Kaufmann-Cummings Park: Construction Document services addition:$22,500.00 The original Project Sum $9,000.00 Previous Change Order Amounts - The Project Sum is increased by this Amendment $22,500.00 The Project Sum is decreased by this Amendment - The total modified Project Sum to date $31,500.00 Approval and acceptance of the Amendment acknowledges understanding and agreement that the cost adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:_______________________________Date__________________ Jeremy L. Jensen, Mayor Attest:__________________________________________________________ RaNae Edwards, City Clerk Approved as to Form, City Attorney ACCEPTED: VIREO By:_______________________________Date____________________ Grand Island Council Session - 3/10/2015 Page 80 / 84 R E S O L U T I O N 2015-69 WHEREAS, on January 28, 2014, by Resolution No. 2014-14 the Grand Island City Council approved entering into an agreement with Kinghorn Horticulture Services, Inc. in the Amount of $9,000.00 for design services for Kaufmann-Cummings Park; and WHEREAS, the original agreement is now being supplemented to include construction document preparation; and WHEREAS, the original designer has left Kinghorn Horticulture Services, Inc. and now works for Vireo; and WHEREAS, the original designer is in possession of the original designs; and WHEREAS, Vireo will use those original designs to develop the construction documents; and WHEREAS, the agreement for construction document preparation with Vireo is in the amount of $22,500.00, for a revised total project cost of $31,500.00; and WHEREAS, Amendment No. 1 is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Vireo for construction document preparation related to Kaufmann-Cummings Park is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 10, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ March 5, 2015, 2015 ¤ City Attorney Grand Island Council Session - 3/10/2015 Page 81 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item I-1 #2015-70 - Consideration of Request from Hollywood’s LLC dba The Filling Station, 217 East Stolley Park Road, Suite N for a Class “CK” Liquor License and Liquor Manager Designation for Tyson Juhl, 1314 Marshall Street, Wood River, NE This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 3/10/2015 Page 82 / 84 Approved as to Form ¤ ___________ March 6, 2015 ¤ City Attorney R E S O L U T I O N 2015-70 WHEREAS, an application was filed by Hollywoods, LLC doing business as The Filling Station, 217 East Stolley Park Road, Suite N for a Class "CK" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 28, 2015; such publication cost being $16.77; and WHEREAS, a public hearing was held on March 10, 2015 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Tyson Juhl, 1314 Marshall Street, Wood River, NE as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 10, 2015. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/10/2015 Page 83 / 84 City of Grand Island Tuesday, March 10, 2015 Council Session Item J-1 Approving Payment of Claims for the Period of February 25, 2015 through March 10, 2015 The Claims for the period of February 25, 2015 through March 10, 2015 for a total amount of $3,760,298.36. A MOTION is in order. Staff Contact: William Clingman Grand Island Council Session - 3/10/2015 Page 84 / 84