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04-12-2016 City Council Regular Meeting Packet City of Grand Island Tuesday, April 12, 2016 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 - 4/12/2016 Page 1 / 227 City of Grand Island Tuesday, April 12, 2016 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 - Reverend Trudy Kenyon-Anderson, First Faith United Methodist Church, 4190 West Capital Avenue Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 4/12/2016 Page 2 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item C-1 Proclamation “Child Abuse Prevention Month” April 2016 Because all children deserve love, comfortable homes, and tender care from parents and adults who make them feel safe, happy and loved, and because the effects of child abuse are felt by whole communities and need to be addressed by the entire community, the Mayor has proclaimed the month of April, 2016 as "Child Abuse Prevention Month". See attached PROCLAMATION. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 4/12/2016 Page 3 / 227 Grand Island Council Session - 4/12/2016 Page 4 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item C-2 Proclamation “Sexual Assault Awareness Month” April 2016 Sexual violence is widespread and impacts every community member of Grand Island. By increasing education, awareness, and community involvement, there is evidence that we can prevent sexual violence in Grand Island. The Mayor has proclaimed the month of April 2016 as "Sexual Assault Awareness Month". See attached PROCLAMATION. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 4/12/2016 Page 5 / 227 Grand Island Council Session - 4/12/2016 Page 6 / 227 Grand Island Council Session - 4/12/2016 Page 7 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item D-1 #2016-BE-3 - Consideration of Determining Benefits for Sanitary Sewer District No. 535T, Extension of Sanitary Sewer to Serve Part Lot 1; Voss Subdivision, Lots 1 & 2 Windolph’s Subdivision, and Part NW ¼ of Section 14-11-9 Council action will take place under Ordinance item F-1. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/12/2016 Page 8 / 227 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:April 12, 2016 Subject:Consideration of Determining Benefits for Sanitary Sewer District No. 535T, Extension of Sanitary Sewer to Serve Part Lot 1; Voss Subdivision, Lots 1 & 2 Windolph’s Subdivision, and Part NW ¼ of Section 14, Township 11 North, Range 9 West Presenter(s):John Collins PE, Public Works Director Background The Certificate of Final Completion for Sanitary Sewer District No. 535T was approved on March 8, 2016 with April 12, 2016 set as the date for Council to sit as the Board of Equalization. All work has been completed and special fees have been calculated for the tap district. Discussion Sanitary Sewer District No. 535T was created by City Council on September 9, 2014 through Ordinance No. 9502 to support a developed area on Seedling Mile Road. An eight (8.0) inch gravity sanitary sewer main and appurtenances thereto along Seedling Mile Road from Voss Road; west to Seedling Mile Access Road was constructed to serve abutting properties in conjunction with a much larger (54”) sanitary sewer interceptor main routed thru the area. Work on the tap district was completed at a construction price of $102,134.30. Costs for the district break down as follows: Quantity Unit Unit Cost Total Cost 8" Sanitary Sewer Line 668.00 LF $ 50.00 $ 33,400.00 4" Sanitary Sewer Service 423.00 LF $ 50.00 $ 21,150.00 Sanitary Sewer Service Connection 13.00 EA $ 1,900.00 $ 24,700.00 48" Diameter Manhole 3.00 EA $ 7,500.00 $ 22,500.00 48" Diameter Manhole Additional Depth 1.22 VF $ 315.00 $ 384.30 TOTAL SANITARY SEWER DISTRICT NO. 535T COST $ 102,134.30 Grand Island Council Session - 4/12/2016 Page 9 / 227 Due to North Interceptor Phase I construction, the existing connections to manholes (via private sanitary sewer agreements) in the previous main line in Seedling Mile Road needed to be re-established into a new 8 inch service line. The creation of a new 8 inch service line provided tap locations to each lot in the area. Sanitary Sewer District No. 535T was created and combined with North Interceptor Phase I; Project 2012-S-6 for bid and construction. A map of the district is attached for reference. That cost is apportioned to each of the properties within the district based upon equal division of lots served to determine the connection fee. Properties that have already made connection to the sanitary sewer main prior to installation of the new main will be given credit towards their tap fee calculation from their pre-existing sanitary sewer agreement. Connection fees will be collected prior to the properties being connected to City sanitary sewer service. Unlike an assessment district which allows for payments to be spread over a 10 year period at 7% simple interest with the first payment of principle only due 10 days after the ordinance is filed, the tap fees are not due until such time the property owner chooses to connect to the City sanitary sewer main and is due in full at that time. The allocation for District 535T was completed at a construction price of $102,134.30, with existing agreement credits of $1,063.73, for a revised tap fee total of $101,070.57. 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 Public Works Administration recommends that the Council sit as the Board of Equalization to determine benefits and pass an Ordinance to levy a Special Tap Fee to individual properties. Sample Motion (Sample Motion for the Board of Equalization) Move to approve the resolution determining benefits for Sanitary Sewer District No. 535T. (Sample Motion for the Ordinance) Move to approve the Ordinance levying the tap fees for Sanitary Sewer District No. 535T. Grand Island Council Session - 4/12/2016 Page 10 / 227 Grand Island Council Session - 4/12/2016 Page 11 / 227 Grand Island Council Session - 4/12/2016 Page 12 / 227 Grand Island Council Session - 4/12/2016 Page 13 / 227 Grand Island Council Session - 4/12/2016 Page 14 / 227 Grand Island Council Session - 4/12/2016 Page 15 / 227 Grand Island Council Session - 4/12/2016 Page 16 / 227 Grand Island Council Session - 4/12/2016 Page 17 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-BE-3 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District No. 535T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district 535T to be the total sum of $102,134.30, with existing agreement credits of $1,063.73 for a credited total of $101,070.57; and Such benefits are equal and uniform; and According to the equal division of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 535T, such benefits are the sums set opposite the several descriptions as follows: Parcel No.Owner Legal Description Tap Fee 400140624 Jay L & Julie Hehnke N 211’ of W 1/3 of Lot 1 & PT 16.5’ Vac Lueth Drive, Windolph’s Subdivision $7,563.81 400140616 Horacio D Vazquez S 696.5’ of W 1/3 of Lot 1 & Pt W 16.5’ Vac Lueth Drive, Windolph’s Subdivision $7,856.48 400140594 Horacio D Vazquez Center 1/3 of Lot 1, Windolph’s Subdivision $7,856.48 400140608 Sebastian Alvarez Perez Olivia Margarita Tzun Vicente E 1/3 of Lot 1, Windolph’s Subdivision $7,856.48 400140632 James Richard Schleicher Pt Lot 2, Windolph’s Subdivision $7,856.48 400104997 Luis A Gonzalez Ana R Ortiz PT Lot 1, Voss Subdivision $7,625.48 400105020 Michael A Kraft Pt Lot 1, Voss Subdivision $7,856.48 400105012 Harold G Zimmerman, Jr. Corina Zimmerman Pt Lot 1, Voss Subdivision $7,856.48 400105004 Kristine L Colclasure Pt Lot 1, Voss Subdivision $7,541.48 400146045 Michelle M Morganflash Donald D Osborn Misc Tracts 14-11-9, Pt NE ¼, NW ¼ 10.45 Ac $7,856.48 400140640 John Robert Schleicher Pt Lot 2, xc 125.6’ x 200’, Windolph’s Subdivision $7,856.48 400104970 Craig L & Karla A Paro Pt Lot 1, Voss Subdivision $7,631.48 400104962 Jack & Joan McKee Pt Lot 1, xc State, Voss Subdivision $7,856.48 TOTAL TAP FEES $101,070.57 - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 18 / 227 Grand IslandCouncil Session - 4/12/2016Page 19 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item D-2 #2016-BE-4 - Consideration of Determining Benefits for Sanitary Sewer Dist. No. 537T, Extension of Sanitary Sewer to Serve Lots 1 & 2, TLST Spiehs Subdivision & Part of the North Ten (10) Acres of the W Half of the NW Quarter (W1/2NW1/4) all In Section 10- 11-9 Council action will take place under Ordinance item F-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/12/2016 Page 20 / 227 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:April 12, 2016 Subject:Consideration of Determining Benefits for Sanitary Sewer District No. 537T, Extension of Sanitary Sewer to Serve Lot One (1) And Lot Two (2), TLST Spiehs Subdivision And Part Of The North Ten (10) Acres Of The West Half Of The Northwest Quarter (W1/2NW1/4) All In Section Ten (10), Township Eleven (11) North, Range Nine (9) West Presenter(s):John Collins PE, Public Works Director Background The Certificate of Final Completion for Sanitary Sewer District No. 537T was approved on March 8, 2016 with April 12, 2016 set as the date for Council to sit as the Board of Equalization. All work has been completed and special fees have been calculated for the tap district. Discussion Sanitary Sewer District No. 537T was created by City Council on November 10, 2015, via Ordinance No. 9564. Such sanitary sewer district construction was combined with North Interceptor Phase II work. Work on the tap district was completed at a total price of $177,026.57. Costs for the district break down as follows: Quantity Unit Unit Cost Total Cost 8" Sanitary Sewer Line 1269.00 LF $ 65.80 $ 83,500.20 4" Sanitary Sewer Service 104.00 LF $ 70.00 $ 7,280.00 Sanitary Sewer Service Connection 13.00 EA $ 1,000.00 $ 13,000.00 48" Diameter Manhole 7.00 EA $ 4,550.00 $ 31,850.00 Tree Removal 1.00 LS $ 6,825.00 $ 6,825.00 Lawn Seed application 1.14 AC $ 1,100.00 $ 1,254.00 Remove and Replace Fence (wire)794.00 LF $ 6.00 $ 4,764.00 Remove and Replace Fence (wood board)126.00 LF $ 21.53 $ 2,712.78 Remove and Reset Playground Equipment 1.00 LS $ 500.00 $ 500.00 Grand Island Council Session - 4/12/2016 Page 21 / 227 Miscellaneous Removals 1.00 LS $ 500.00 $ 500.00 Mobilization 1.00 LS $ 7,609.30 $ 7,609.30 SUBTOTAL $ 159,795.28 Easements Temporary Easements (3)1.00 LS $ 2,500.00 $ 2,500.00 Permanent Easements (2)1.00 LS $ 1,000.00 $ 1,000.00 SUBTOTAL $ 3,500.00 Engineering Costs 1.00 LS $ 13,731.29 $ 13,731.29 SUBTOTAL $ 13,731.29 TOTAL DISTRICT 537T COSTS $ 177,026.57 That cost is apportioned to each of the properties within the district based upon equal division of lots served to determine the connection fee. Properties that have already made connection to the sanitary sewer main prior to installation of the new main will be given credit towards their tap fee calculation from their pre-existing sanitary sewer agreement. Connection fees will be collected prior to the properties being connected to City sanitary sewer service. Unlike an assessment district which allows for payments to be spread over a 10 year period at 7% simple interest with the first payment of principle only due 10 days after the ordinance is filed, the tap fees are not due until such time the property owner chooses to connect to the City sanitary sewer main and is due in full at that time. The allocation for District 537T was completed at a construction price of $177,026.57, with existing agreement credits of $1,112.76 and a contract credit of $80,000.03 for a revised tap fee total of $95,913.78. 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 Public Works Administration recommends that the Council sit as the Board of Equalization to determine benefits and pass an Ordinance to levy a Special Tap Fee to individual properties. Grand Island Council Session - 4/12/2016 Page 22 / 227 Sample Motion (Sample Motion for the Board of Equalization) Move to approve the resolution determining benefits for Sanitary Sewer District No. 537T. (Sample Motion for the Ordinance) Move to approve the Ordinance levying the tap fees for Sanitary Sewer District No. 537T. Grand Island Council Session - 4/12/2016 Page 23 / 227 Grand Island Council Session - 4/12/2016 Page 24 / 227 Grand Island Council Session - 4/12/2016 Page 25 / 227 Grand Island Council Session - 4/12/2016 Page 26 / 227 Grand Island Council Session - 4/12/2016 Page 27 / 227 Grand Island Council Session - 4/12/2016 Page 28 / 227 Grand Island Council Session - 4/12/2016 Page 29 / 227 Grand Island Council Session - 4/12/2016 Page 30 / 227 Grand Island Council Session - 4/12/2016 Page 31 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-BE-4 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District No. 537T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district 537T to be the total sum of $177,026.57, with existing agreement credits of $1,112.76 and a contract credit of $80,000.03 for a revised tap fee total of $95,913.78; and Such benefits are equal and uniform; and According to the equal division of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 537T, such benefits are the sums set opposite the several descriptions as follows: Parcel No.Owner Legal Description Tap Fee 400205955 Jose Haro Martha Haro Misc Tracts 10-11-9 PT W ½ NW ¼ .41 Ac $7,463.58 400205963 Juan Rico Anna M Villa De Rico Misc Tracts 10-11-9 PT W ½ NW ¼ .15 Ac $7,463.58 400206080 Rhonda Coon Ricky Coon Misc Tracts 10-11-9 PT W ½ NW ¼ .46 Ac $7,463.58 400214059 Gary Ummel Estel Ummel Lot 2, TLST Spiehs Subdivision $7,463.58 400205939 Timothy S Grudzinski Cassandra L Grudzinski Misc Tracts 10-11-9 W ½ of PT N 10 A of PT W ½ NW ¼ .50 Ac $7,463.58 400205920 Reinier Fernandez Solorzano Misc Tracts 10-11-9 E ½ of PT N 10 A of PT W ½ NW ¼ .50 Ac $7,463.58 400206056 Wesley T Tjaden Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $7,463.58 400205947 Anna Lee Young Life Est B Haycock & B Hardenbroc Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $7,463.58 400206013 JK Investments, LLC Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $7,463.58 400206005 Sergio Urbina Idalia Urbina Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $6,350.82 400205912 Cruz C Ramos, Sr. Minerva M Ramos Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $7,463.58 400205904 Ronald Peter Pfenning Misc Tracts 10-11-9 PT W ¼ NW ½ 1 Ac $7,463.58 400206048 Timothy S Spiehs Lisa M Spiehs Lot 1, TLST Spiehs Subdivision $7,463.58 TOTAL TAP FEES $95,913.78 - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 32 / 227 Grand IslandCouncil Session - 4/12/2016Page 33 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item E-1 Public Hearing on Request from Burtibang, LLC dba Royal Indian Cuisine, 3337 West State Street for a Class “C” Liquor License Council action will take place under Consent Agenda item G-2. Staff Contact: RaNae Edwards Grand Island Council Session - 4/12/2016 Page 34 / 227 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:April 12, 2016 Subject:Public Hearing on Request from Burtibang, LLC dba Royal Indian Cuisine, 3337 West State Street for a Class “C” Liquor License 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 Burtibang, LLC dba Royal Indian Cuisine, 3337 West State Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. 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. Grand Island Council Session - 4/12/2016 Page 35 / 227 Also submitted with the application was a request from Lok Chhantyal, 1113 College Street for a Liquor Manager Designation. 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 approve this application. Sample Motion Move to approve the application for Burtibang, LLC dba Royal Indian Cuisine, 3337 West State Street for a Class “C” Liquor License contingent upon final inspections and Liquor Manager Designation for Lok Chhantyal, 1113 College Street contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 4/12/2016 Page 36 / 227 03/16/16 Grand Island Police Department 450 11:18 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 08:00:00 03/08/2016 Occurred before : 08:00:00 03/08/2016 When reported : 08:00:00 03/08/2016 Date disposition declared : 03/11/2016 Incident number : L16030919 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 3337 State St W State abbreviation : NE ZIP Code : 68803 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 : 4944 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 196698 03/11/16 Birthi, Pravardhan R Owner NM 202775 03/11/16 Gauchan, Dron Owner NM 208166 03/11/16 Royal Indian Cuisine, Restaurant NM 208168 03/11/16 Chhantyal, Lok P Owner/Manager NM 208172 03/11/16 Bhattachan, Anima Owner NM 208173 03/11/16 Katyal, Vandana Owner LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 LT21 Restaurant 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 - 4/12/2016 Page 37 / 227 Liquor License Investigation Grand Island Police Department Royal Indian Cuisine is applying for a Class C LLC Retail Liquor License, and Lok Chhantyal is applying to be the liquor manager. ~~---------------------------------------- (lwmain15001903092016)~~ 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 13:58:00 03/10/2016 Grand Island Police Department Supplemental Report Date, Time: Thu Mar 10 14:07:29 CST 2016 Reporting Officer: Vitera Unit- CID Royal Indian Cuisine is applying for a Class C (beer, wine, distilled spirits on and off sale) LLC Retail Liquor license. Lok Chhantyal is applying to be the liquor manager. The restaurant is located at 3337 W. State Street. While researching and coordinating the investigation into this application, I was told by NSP Investigator Joe Hansen that a Royal Indian Cuisine is open in Kearney as well. Under the LLC information of the application, it lists Lok Chhantyal as the "managing/contact member." He owns 40% of the company. Man Chhantyal is Lok's spouse (Spousal Affidavit of Non-Participation form). Anima Bhattachan and her spouse (Dron Gauchan) are listed as 40% owners. Pravardhan Birthi and his spouse (Vandana Katyal) are listed as 20% owners. Vandana does not have a Social Security number listed. According to the application, Lok moved to Grand Island in 2015. It appears that his wife still lives in Harrisburg, PA. Anima and her husband Dron moved to Grand Island from New Jersey in 2014. No prior or current addresses are listed for Pravardhan and Vandana. Grand Island Council Session - 4/12/2016 Page 38 / 227 I checked Spillman and NCJIS for all of the applicants. Lok was not in Spillman, but he has a Nebraska driver's license which shows up in NCJIS. Man is not listed in Spillman or NCJIS. Anima was not listed in Spillman, but she has a driver's license entry in NCJIS. Dron is listed in Spillman with no violations. He is listed in NCJIS with a Nebraska driver's license and a speeding conviction. Pravardhan is listed in Spillman with no violations and has an NCJIS entry for a Nebraska driver's license. Vandana was not listed in Spillman. She has a driver's license entry in NCJIS along with two convictions for speeding. I ran all of the applicants through NCIC checking for outstanding arrest warrants and didn't find any for any of the applicants. I checked all of the applicants through a paid, law enforcement-only database. Other than an apparent bankruptcy for Lok in 2003, none of the other applicants had any bankruptcies, liens, or judgments against them. I found very little information on Vandana. She is not listed in the database using the date of birth provided, however, she is listed in the database with a matching month and day of her date of birth. The database couldn't verify the year of her birth, and like the application, there is no Social Security number listed. I did a general Internet search starting with Lok. I found a Facebook page for him. Under Professional Skills, Lok listed "cooking, poker player, pool billiards." One of his cover photographs was of him sitting at a poker table with a lot of chips in front of him while holding up a small sign that reads "Borgata 1." I also found information about Lok on a site called "Card Player." Card Player says that Lok won a tournament at Borgata in 2011 and was paid $53,472. A quick Internet search lists Borgata as a hotel and casino in Atlantic City, NJ. I also forwarded the applicants' information to ICE. I was told that Lok is a United States Citizen which is a requirement for the manager position. Man is a Lawful Permanent Resident. Dron has recently been approved to be a Lawful Permanent Resident. Anima has Temporary Protected Status (TPS) from Nepal. Pravardhan and Vandana have "J1 Visa's" which is a visitor exchange program. Vandana has applied for an extension of her J1 Visa while Pravardhan has applied for a waiver. The ICE agent I communicated with isn't sure if the extension and waiver have been approved yet, or if Pravardhan and Vandana are out of status (technically in the country illegally). On 3/14/16, NSP Investigator Joe Hansen and I met with Dron (Dr. Gauchan) and Anima at their restaurant. First of all, I tried to figure out how the applicants know each other. Dron said that he and Lok have known each other since they were children. They grew up in the same town in Nepal. Dron stayed with Lok when Dron first came to the United States. Pravardhan is a "doctor friend" of Dron's. When Dron moved to Grand Island, he noticed that there were no Indian restaurants in town. Since Dron is such good friends with Lok and knows Lok owns restaurants, Dron asked Lok if he would be interested in opening an Indian restaurant in Grand Island. Lok visited Grand Island and thought it would be a good fit. Grand Island Council Session - 4/12/2016 Page 39 / 227 After figuring out some of the relationships, I went over some minor discrepancies in the application. I pointed out to Dron that Lok's address on his Nebraska Driver's license is listed as 3337 W. State Suite 4 which is the address of their restaurant. I also showed him where Lok's address on the application is listed as 1113 College Street which I know is not a valid address. Dron didn't explain why the business address is on Lok's driver's license. He said that Lok's address is 3111 W. College #56. Dron thought the attorneys must have just made a mistake. While speaking with Dron further, I confirmed that Lok's wife (Man) is still living in Pennsylvania. Dron said that Lok "hasn't decided to permanently live" in Nebraska. According to Dron, Lok has opened up a new restaurant in Hershey, Pennsylvania called Khana Bistro. Lok does not have a liquor license for that restaurant. Dron said that liquor licenses are very expensive in Pennsylvania, and customers are allowed to "BYOB" to restaurants there. When asked how Lok has been splitting his time between Nebraska and Pennsylvania, Dron said that Lok spent two weeks out of the last four months in Pennsylvania. Otherwise, he has been in Nebraska. Dron added that Lok has business partners at Khana Bistro, and Lok isn't needed there full time. I also asked Dron about financing the Royal Indian Cuisine restaurant and why they applied for a Class C liquor license. Dron said that the ownership breakdown of 40% for Lok, 40% for Dron and Anima, and 20% for Pravardhan and Vandana is also the breakdown of the percentage of money each person/couple contributed to the start-up and operation of the business. They did not borrow any money. He also said that they want the Class C license because they may have some beer from India and Nepal. If their customers find that they like that beer, Dron wants to be able to have the customers buy a six pack of it and take it home since it may be hard to find anywhere else in town. I shared a Facebook photo with Dron of Lok with a bunch of poker chips in front of him. Dron acknowledged that Lok is a very good poker player. I asked Lok if they planned on playing poker at the restaurant after hours. Dron said that he also likes to play poker and was wondering if it would be okay for he and some of his friends to do just that. I told him that he could not do that. I told Dron that the only issue I see with this application is the residency requirement for the liquor manager. Lok (proposed liquor manager) has a residence in Pennsylvania with his wife, a new restaurant in Pennsylvania and an apartment in Grand Island along with this new restaurant. Even though Dron said that Lok is spending more time in Grand Island than Pennsylvania, it appears that Lok has a stronger tie to Pennsylvania and may be more of a resident there than here. Investigator Hansen and I told Dron that we would like to speak to Lok the next time he is in town. We suggested to Dron that the restaurant could have a different liquor manager who isn't someone involved with this application. That person could fill the position if he or she is a citizen of the U.S. and a resident of Nebraska. He or she doesn't have to have any ownership in the restaurant. Dron thought that having a different liquor manager is a Grand Island Council Session - 4/12/2016 Page 40 / 227 possibility but could also foresee having to change liquor managers frequently and was initially a little apprehensive due to not knowing much about the process. Dron said he would let Investigator Hansen and me know when Lok is back in town. All in all, on paper, Lok is qualified to be the liquor manager. He is a citizen of the United Sates, has a residence in Nebraska, and is registered to vote in Hall County. In the future if Lok decides to not be a resident of Nebraska, the Royal Indian Cuisine restaurant can find a new liquor manager. As far as the questionable immigration status of Anima, Pravardhan, and Vandana, it doesn't automatically disqualify the applicants from receiving a license. Therefore, the Grand Island Police Department has no objection to the Royal Indian Cuisine restaurant receiving a liquor license or to Lok Chhantyal becoming the liquor manager. Grand Island Council Session - 4/12/2016 Page 41 / 227 COLLEGE ST ASPEN CIRCOLLEGE STCOLLEGESTRUE DECOLLEGEVIACOMO ALLEN DRCHANTILLY STVIACOMOCOLLEGE ST PIPER ST17TH ST W ISLE RDSTATE ST W PIPER STPRIVATE DR PLANTATI ONPLPRI VATE DRMIDWAY RDCONESTOGA DRKENNEDY DR13TH ST WLAWRENCE LN18TH ST W WESTSIDE ST OVERLAND DR14TH ST W 15TH ST W 16TH ST WWEBB RD NUS HIGHWAY 281 NDIE R S A V E N US HIGHWAY 281 Nµ Liquor ApplicationRoyal Indian Cuisine3337 W State St.Class "C" License Legend StreetCenterlineLiquor License Locations3337 W State St. 1500' Radius Grand Island Council Session - 4/12/2016 Page 42 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item E-2 Public Hearing on Request from La Mexicana, Inc. dba La Mexicana Market, 385 North Pine Street for a Class “D” Liquor License Council action will take place under Resolutions item I-2. Staff Contact: RaNae Edwards Grand Island Council Session - 4/12/2016 Page 43 / 227 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:April 12, 2016 Subject:Public Hearing on Request from La Mexicana, Inc. dba La Mexicana Market, 385 North Pine Street for a Class “D” Liquor License 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 La Mexican, Inc. dba La Mexicana Market, 385 North Pine Street has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of beer off sale only inside the corporate limits of the city. 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. Grand Island Council Session - 4/12/2016 Page 44 / 227 Also submitted with the application was a request from Veronica Alvarez, 609 S. Stuhr Road for a Liquor Manager Designation. After reviewing the Police Department report and attached information regarding the previous application for Rafa’s Tacos, it is recommended that the Council deny this request based upon: 010.01 – Falsification of Application, 53-132 (2 a, b, & c) – Retail, craft brewery, or microdistillery license, contents; criminal history record check, verification, false statement; penalty. 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 La Mexicana, Inc. dba La Mexicana Market, 385 North Pine Street for a Class “D” Liquor License due to the Police Departments report based upon: 010.01 – Falsification of Application, 53-132 (2 a, b, & c) – Retail, craft brewery, or microdistillery license, contents; criminal history record check, verification, false statement; penalty. Grand Island Council Session - 4/12/2016 Page 45 / 227 04/07/16 Grand Island Police Department 450 14:50 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 08:24:00 03/16/2016 Occurred before : 08:24:00 03/16/2016 When reported : 08:24:00 03/16/2016 Date disposition declared : 03/23/2016 Incident number : L16031851 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 385 Pine St 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 : 11245 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- LW L11053069 03/21/16 Liquor Lic Inv Related NM 166733 03/29/16 Ocegueda, Maria Alias for Veronica NM 61104 03/18/16 La Mexicana Market, Business Involved NM 62723 03/18/16 Flores, Adolfo Applicant/Owner NM 181116 03/18/16 Alvarez, Veronica A Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT12 LT12 Grocery/Supermarket IMAGE CODES FOR INCIDENT: Seq Imag Image code for a users description field --- ---- ---------------- ------------------------------ 1 DOC DOCUMENT mobile report Grand Island Council Session - 4/12/2016 Page 46 / 227 LAW INCIDENT NARRATIVE: La Mexicana Market is applying for a Class D (beer,wine, distilled spirits, off sale only) Corporate Retail Liquor License. Veronica Alvarez is applying to be the liquor manager. 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 12:48:24 03/21/2016 Grand Island Police Department Supplemental Report Date, Time: Mon Mar 21 12:48:37 CDT 2016 Reporting Officer: Vitera Unit- CID La Mexicana Market is applying for a Class D (beer, wine, distilled spirits, off sale only) Corporate Retail Liquor license. Adolfo Flores is the sole owner of the corporation. Veronica Alvarez is applying to be the liquor manager. While perusing the application, I noticed that Adolfo and Veronica did not disclose any criminal convictions, Monica Flores is listed as someone who can write checks and make withdrawals on the business account, and Adolfo has had a liquor license in the past at Rafa's Tacos, and La Mexicana. The application also states that Adolfo has lived in Grand Island since at least 2005. Veronica has lived in Grand Island since 2010. No information is listed under spousal information for either applicant. Veronica stated that she worked for Adolfo at Rafa's Tacos from 2011 through 2013. Since 2013, she has worked for Adolfo at La Mexicana. One of the first things I discovered while creating a report to document this investigation, is that Veronica Alvarez has an alias listed in Spillman as Maria Ocegueda. When I looked at Maria Ocegueda's Involvements in Spillman, I found that she is listed as the liquor manager for Rafa's Taco's in an investigation I had done in 2011. I compared the identifying information for Maria Ocegueda and Veronica Grand Island Council Session - 4/12/2016 Page 47 / 227 Alvarez and found that they each have the same date of birth, Social Security number, and driver's license number. I did some more digging and found some documents in NCJIS showing that Maria Ocegueda was granted a name change to Veronica Alvarez by a Hall County District Court judge in September 2012. I recall that during the Rafa's investigation, Adolfo told me that he was engaged to be married to "Maria." At the time of the Rafa's investigation, I would imagine that Adolfo knew that "Maria" was really Veronica. If for some reason he didn't know in 2011, he had to have known in 2012 when the name change occurred; and she was still working for him at Rafa's Tacos. I didn't find that there was any effort on Adolfo's part to rectify the situation by explaining it to the NLCC and filling out paperwork for a new liquor manager. Adolfo never contacted me either. The Nebraska Liquor Control Commission's Rules and Regulations under 009.01 says that a corporation has sixty days to notify the NLCC of a manager change. Before doing a lot of checks on Adolfo and Veronica, I read my investigation into Rafa's Tacos from 2011. I noted in that report that Adolfo didn't disclose any convictions, and I found twelve traffic convictions and a conviction for selling alcohol to a minor. I told Adolfo at the time that he needed to include everything including his traffic convictions. I also found where Adolfo didn't disclose on the 2011 application that he had past liquor licenses at La Mexicana Market in Grand Island and La Mexicana restaurants in Gibbon and Lexington. Adolfo said he had problems with selling to minors at the market, that's why he didn't renew the license or seek anymore until Rafa's. My 2011 Rafa's investigation also said that I called ICE and was told that Adolfo and "Maria" were each Naturalized U.S. Citizens. I called the NLCC on 3/22/16 and left a message for Randy Seybert in Licensing. I asked Randy to call me back, so I can ask him to find information on Adolfo Flores' past liquor licenses. Later that afternoon, I received an e-mail from Randy saying that their deleted history files only go back ten years, and he was unable to find anything. I also asked Randy if they would have hard copies of the records. He advised that they used to keep those records on microfilm, but they don't have that anymore either. I contacted the Buffalo County Sheriff's Office and the Lexington Police Department to see if either agency had any record of the La Mexicana restaurant or any of the applicants. Lexington has a new computer system, and I was told that their records probably wouldn't go back the fifteen plus years I wanted them to search. They went ahead and searched all the names and didn't come up with anything. Buffalo County later faxed me a report which included Adolfo being warned by a deputy twice in the same day in 1995 for selling food out of his vehicle. They also sent a report from 2012 where Adolfo was cited for allowing an unlicensed driver to drive. For the current investigation into La Mexicana market, I checked Adolfo and Veronica through Spillman and NCJIS. I just looked at potential violations/convictions since May of 2011 which is when I did the last Grand Island Council Session - 4/12/2016 Page 48 / 227 investigation (Rafa's Tacos) with them. The Rafa's investigation should be attached. Spillman shows that Adolfo was issued a citation for careless driving as a result of a motor vehicle accident in 2012, had a protection order served against a female in 2013, and had code enforcement issues in 2014 and 2015 for high weeds and trash. He mowed the weeds and cleaned up the trash. After May of 2011, NCJIS shows that Adolfo was convicted of the careless driving that was listed in Spillman from 2012, convicted of the charge in the citation issued by the Buffalo County Sheriff's Office for allowing an unlicensed driver to drive in 2012, and Adolfo was convicted of unlawful acts license/drive in Merrick County in 2014. I'll ask Adolfo about that one. Maria/Veronica doesn't show any potential violations in Spillman. NCJIS just shows an entry for her driver's license and the name change. I checked Adolfo and Veronica for outstanding arrest warrants and the status of their driver's license. Neither one of them have any outstanding arrest warrants, and they each have a valid Nebraska driver's license. I also checked them through a paid law enforcement-only database which tends to provide more civil information and personal identifying information. Adolfo didn't have anything out of the ordinary listed. I found an entry for Maria Ocegueda. Veronica Alvarez was also listed with an alias of Maria Ocegueda. Nothing out of the ordinary was associated with either name. I set up a meeting with Adolfo and Veronica for 1300 hours on 3/31/16. Nebraska State Patrol Investigator Joe Hansen also attended the meeting. I went over the application with Adolfo and Veronica. I asked Adolfo if his attorney filled out the application. Adolfo said his attorney did fill out the application, and Adolfo and Veronica were present. I reminded Adolfo that I spoke to him in 2011 when he applied for a liquor license for Rafa's Tacos. At that time, Adolfo didn't disclose any convictions on his application. I told him back then that he needed to disclose even the most insignificant traffic conviction all the way up to the most serious crime he has been convicted of. Adolfo said he didn't remember talking to me in 2011, and he didn't have an explanation for failing to disclose his convictions on this application. He added that he wasn't trying to hide anything because he knew we would find it anyway. Adolfo said he couldn't remember a lot of things. He couldn't remember how many times he was held responsible for selling to minors on his prior La Mexicana Market license, but he guessed it was just one time. He also claimed not to remember if he even had a liquor license at his Lexington and Gibbon restaurants. Adolfo did acknowledge being cited for allowing unlicensed drivers to drive on two separate occasions, once in Buffalo county and once in Merrick County. Each time he said that he let a friend borrow his pickup. I asked Adolfo who Monica Flores is since she is listed as someone who has access to the business bank account. Adolfo said that Monica is his daughter. She has access to the business account, so she can pay bills while Adolfo and Veronica are out of town on vacation. Grand Island Council Session - 4/12/2016 Page 49 / 227 According to Adolfo's application, he let the Rafa's Tacos liquor license lapse because he didn't wish to risk further violation. An NLCC attachment to the application shows that Rafa's liquor license was issued on 8/18/2011. On 9/28/2012, they were in trouble with the NLCC for selling to a minor and having a minor dispensing/serving alcohol. They plead guilty and had their license suspended. On 2/1/2013, there is another charge of selling to a minor with an eventual guilty plea. The attachment also acknowledges that the La Mexicana Market had a liquor license before, but it was also allowed to lapse over ten years ago. I asked Adolfo about his relationship with Veronica. In 2011, he told me that they were engaged. He said they are still currently engaged to be married. Veronica said they sold the house they used to live in on WN Front Street and now live together at 609 S. Stuhr Road. I asked Veronica about her name change. Veronica thought she was about two years old when her parents illegally brought her to the United States. Veronica said her birth name was Veronica Ocegueda. When she was applying for amnesty, her mother sent for her Mexican birth certificate. When they received it, it showed her birth name as Maria Ocegueda. Veronica's mother tried to get it corrected but was unsuccessful. Therefore, Veronica received her amnesty and eventually her Naturalized U.S. Citizenship under the name of Maria Ocegueda. Veronica said that her father's last name was Ocegueda. Veronica said she can't remember meeting her father. When she legally changed her name, she wanted to go back to her birth name of Veronica and also go by her mother's last name of Alvarez. After speaking with Adolfo and Veronica, Investigator Hansen and I toured the market before the meeting was over. In summary, Adolfo Flores applied for a liquor license in Grand Island at Rafa's Tacos in 2011. He was granted a license which he had for less than two years. During that time, the NLCC's records show that the business had two separate incidents where the business plead guilty to selling to minors. One of the incidents also had a minor selling/dispensing alcohol. Adolfo's current application has those records attached to it. During my investigation into the Rafa's application, Adolfo failed to disclose any of his twelve traffic convictions or his conviction for selling to a minor. He also failed to list on his application that he had held prior liquor licenses at the La Mexicana market in Grand Island or the La Mexicana restaurants he owned in Gibbon and Lexington. When Adolfo was applying for the liquor license for Rafa's, I asked him why he didn't already have one for his La Mexicana restaurant in Grand Island. He said that he had problems in the past with selling alcohol to minors at the La Mexicana Market. Fast forward to Adolfo's current application for La Mexicana market, Adolfo still didn't disclose any of his criminal convictions, and he still didn't list his prior liquor licenses at the La Mexicana restaurants in Gibbon and Lexington. In fact, when I asked him about the history of the restaurant licenses, Adolfo said he couldn't remember if he even had a liquor license at the restaurants. During the 2011 Rafa's investigation, Adolfo acknowledged that he had prior liquor licenses at Grand Island Council Session - 4/12/2016 Page 50 / 227 the Gibbon and Lexington restaurant and failed to list that on the application. As far as I can tell, Adolfo also failed to notify the NLCC in 2012 when the name of his liquor manager at Rafa's Tacos changed from Maria Ocegueda to Veronica Alvarez. With Adolfo's admission of having prior issues with selling alcohol to minors (which are partially documented), his inability or refusal to fully disclose his criminal convictions (including a sale to a minor which I believe automatically precludes him from receiving a license based upon 53-131.01) and past liquor licenses on the Rafa's application and this application, and his lack of adhering to the Rules and Regulations of the Nebraska Liquor Control Act as evidenced by the examples above, the Grand Island Police Department does not believe that Adolfo Flores should have a liquor license and recommends that the Council not give local approval. The denial is based upon: 010.01- Falsification of Application, 53-132 (2 a, b,& c)- Retail, craft brewery, or microdistillery license; commission; duties, and 53-131.01 (1 d)- License; application; form; contents; criminal history record check; verification; false statement; penalty. Full copies of 010.01, 53-132, and 53-131.01 are attached to this report along with Adolfo's past application for Rafa's Tacos, the police report for Rafa's Tacos, and the NLCC's records for Rafa's Tacos. 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Staff Contact: Craig Lewis Grand Island Council Session - 4/12/2016 Page 72 / 227 Council Agenda Memo From:Craig Lewis, Building Department Director Meeting:April 12, 2016 Subject:Request of Chloe Aguilar for Approval of a Conditional Use Permit to Allow a Vehicle Storage and Salvage Yard at 4820 & 4852 E. Capital Avenue Presenter(s):Craig Lewis, Building Department Director Background This is a request for approval of a conditional use permit to allow for the construction and operation of a vehicle storage and salvage yard at 4820 & 4852 East Capital Avenue. The legal description of the property is lot 1 Landell Sub. and lot 1 Landell 2nd Sub., the lots are currently zoned M-2 Heavy Manufacturing and automobile wrecking and salvage yards are a listed conditional use within that zoning classification. Conditional uses must be approved by the City Council. City Code identifies the following conditions for salvage yards; 36-106. Conditional Uses; Salvage Yards All salvage yards shall be subject to the following conditions as part of their permitted conditional use: (A) In addition to the information required pursuant to §36-88, an application for a conditional use for a salvage yard shall include a site plan for the premises showing the layout of the proposed operation, building and infrastructure locations, property dimensions, drainage and landscaping. (B) All structures located or constructed on the salvage yard premises shall comply with the Grand Island City Code and all applicable building, electrical, plumbing and fire codes. (C) All hazardous materials and regulated waste shall be received, stored, and disposed of in accordance with state and federal laws and the rules and regulations of the U.S. Environmental Protection Agency and the Nebraska Department of Environmental Quality. Grand Island Council Session - 4/12/2016 Page 73 / 227 (D) All operations of a salvage yard, including those which are ancillary and indirectly related to the salvage yard such as administration, parking, equipment and/or container storage shall be conducted on the premises subject to the permitted conditional use. (E) All premises on a salvage yard shall be kept and maintained in a clean and orderly manner, using the best practices of the industry, with no loose garbage, litter, refuse or waste materials on the premises except those kept in short term storage for processing. The persons operating the salvage yard shall on a regular and routine basis inspect all areas adjacent to the salvage yard and clean up any materials which originated from the salvage yard. (F) Physical Appearance: Salvage yards and other similar operations shall be effectively enclosed or shielded from adjacent properties on all sides by means of a sight- obscuring fence at least eight (8) feet in height, in good repair, and constructed of conventional fence building materials and techniques as approved by the chief building official. No inventory or salvage materials of any nature may be stacked within fifty (50.0) feet of the fence to a height greater than said fence. Amended by Ordinance No. 9151, effective 12-18-2007 Discussion This application was initiated by a request from the City to bring the existing Island Towing operation at 5018 S. Elk Drive into conformance with zoning regulations as it is not zoned for the continued storage of wrecked or junk vehicles. The City Code requires salvage yards to come before the City Council at a public hearing to allow for Public comment and provide discussion and deliberation such that the City Council may determine the approval or denial of the application and use. This application is on property zoned to allow for a salvage yard if determined by the City Council that the location is appropriate. Currently no buildings are proposed for the site. Surface waters naturally flowing through the site should not be restricted or altered by the storage of vehicles. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the conditional use permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2.Disapprove or / Deny the conditional use permit, finding that the proposal does not conform to the purpose of the zoning regulations. Grand Island Council Session - 4/12/2016 Page 74 / 227 3.Modify the conditional use to meet the wishes of the Council. 4.Refer the matter to a special committee for a determination of a finding of fact. 5.Table the issue. Recommendation City Staff recommends that the Council approve the request for a conditional use permit to construct and operate a salvage yard, finding that the request does promote the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the request for a conditional use permit as specified in the staff recommendation published in the Council packet and presented at the City Council meeting and finding that the application will conform with the purpose of the zoning regulations. Grand Island Council Session - 4/12/2016 Page 75 / 227 Grand Island Council Session - 4/12/2016 Page 76 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item E-4 Public Hearing on the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Advisory Review Committee on the Economic Development Program Plan Council action will take place under Resolutions item I-1. Staff Contact: Dave Taylor - EDC President Grand Island Council Session - 4/12/2016 Page 77 / 227 Council Agenda Memo From:Marlan Ferguson, City Administrator Meeting:April 12, 2016 Subject:Public Hearing Concerning the Semi-Annual Report by the Citizen Advisory Review Committee on the Economic Development Program Plan Presenter(s):Dave Taylor, EDC President Background The voters of the City of Grand Island approved an economic development plan at the November 6, 2012 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizen Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizen Advisory Review Committee is required by State Statute and the Grand Island City Code to make an annual report to the City Council. Discussion The Citizen Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee looks forward to receiving and reviewing meritorious applications for consideration in the future. The committee received the semi-annual report from the Economic Development Corporation at its meeting of March 3, 2016 and voted to forward it on to the City Council for its review and acceptance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Accept the annual report of the Citizen Advisory Review Committee. 2.Do not accept the annual report of the Citizen Advisory Review Committee. Grand Island Council Session - 4/12/2016 Page 78 / 227 Recommendation City Administration recommends that the Council accept the semi-annual report of the Citizen Advisory Review Committee. Sample Motion Move to accept the semi-annual report of the Citizen Advisory Review Committee. Grand Island Council Session - 4/12/2016 Page 79 / 227 Semi-Annual Update Grand Island Council Session - 4/12/2016 Page 80 / 227 Grow Grand IslandInitiativeAction Item Progress 1.1 Launch a collaborative Business Retention and Expansion outreach program that seeks to facilitate expansions and mitigate layoffs by conducting a series of site visits and survey with existing businesses in and around Grand Island. Ongoing partnership with the Chamber of Commerce, State DED, and area businesses. 6 medium-sized businesses have been engaged in community conversations 1.2 & 5.3 Launch the Grow Grand Island Export Initiative to support the development of new international trade relationships for Grand Island area manufacturers. EDC staff wrote an editorial piece for the Grand Island Independent, highlighting the importance and Central Nebraska Transload 1.5 Work with neighboring communities in Central Nebraska to evaluate the potential benefits of developing regional cluster councils to address sector-specific issues and challenges that are common throughout Central Nebraska Collaborations with neighbors on legislative issues, State incentives, and industry inputs & outputs. Working with the Young Professionals Group to reenact a “Bring the Talent Home” initiative Grand Island Council Session - 4/12/2016 Page 81 / 227 Initiative Action Item Progress 3.4 & 3.5 Continue to Market the Grand Island Community to both internal and external audiences, utilizing the GIAEDC website and other electronic tools. Continue to connect with target markets 3.6 Maintain strong relationships with the State DED overseeing business recruitment and business development. Eric Zeece to visit Grand Island 5.2 Continue to work with NDED and the City of Grand Island to develop industrial sites with updated infrastructure and is considered “shovel ready” for development. 5 requests for warehouse space, local and international businesses ; ranging in size from 10,000 – 100,000 square feet Grand Island Council Session - 4/12/2016 Page 82 / 227 Active LB840 Projects §Bosselman Tank & Trailer §Add 8 employees §Expires February 2017 §GIX Logistics §Add 26 employees §Expires June 2019 Grand Island Council Session - 4/12/2016 Page 83 / 227 LB840 Funding Status LB840 balance as of 3/3/2016 $1,235,277.23 LB840 job creation funds for Bosselman Tank & Trailer ($40,000) LB840 job creation funds for GIX Logistics ($117,000) EDC operating funds ($175,000) Ending LB840 job creation funds 903,227.23 *Potential to bring 2 LB840 applications to Council in 2016 Grand Island Council Session - 4/12/2016 Page 84 / 227 Hendrix-ISA §EDC, along with Governor Pete Ricketts and Peter Mumm, Hendrix-ISA, announced the expansion of Hendrix Genetics to Grand Island Grand Island Council Session - 4/12/2016 Page 85 / 227 Hendrix-ISA Grand Island Council Session - 4/12/2016 Page 86 / 227 Grand Island Council Session - 4/12/2016 Page 87 / 227 2016 Annual Meeting §Thursday, May 5 11:30 a.m. – 1 p.m. §Dr. Ernie Goss, Ph.D. §Professor of Economics at Creighton University §The Goss Institute Grand Island Council Session - 4/12/2016 Page 88 / 227 Grand Island Council Session - 4/12/2016 Page 89 / 227 Community Field House Veteran’s Athletic Complex Grand Island Council Session - 4/12/2016 Page 90 / 227 §Average revenue generated from the current 1.5% tax: $1,449,769 per year §Other Communities that impose a Food & Beverage Occupation Tax: §Kearney (1%) §Lincoln (2%) §Norfolk (2%) §Omaha (2.5%) Grand Island Council Session - 4/12/2016 Page 91 / 227 The proceeds from this tax shall be used for the following community enhancements: §The annual financial commitment to the Nebraska State Fair as required by state law; Grand Island Council Session - 4/12/2016 Page 92 / 227 §Promote entertainment, agricultural and livestock shows, trade shows and similar events that will attract visitors to Grand Island; Grand Island Council Session - 4/12/2016 Page 93 / 227 §Ongoing enhancement and development of recreation and athletic facilities such as hike, bike and recreational trails, ball fields and other community activity needs; Grand Island Council Session - 4/12/2016 Page 94 / 227 §Invest in community development projects and activities that stimulate progress and growth for Grand Island. Grand Island Council Session - 4/12/2016 Page 95 / 227 Thank you! Grand Island Council Session - 4/12/2016 Page 96 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item F-1 #9580 - Consideration of Assessments for Sanitary Sewer District No. 535T, Extension of Sanitary Sewer to Serve Part Lot 1; Voss Subdivision, Lots 1 & 2 Windolph’s Subdivision, and Part NW ¼ of Section 14-11-9 This item relates to the aforementioned Board of Equalization item D-1. Staff Contact: John Collins, P.E.- Public Works Director Grand Island Council Session - 4/12/2016 Page 97 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9580 An ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 535T of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provisions of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said sanitary sewer improvements in said Sanitary Sewer District No. 535T, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Grand Island Council Session - 4/12/2016 Page 98 / 227 ORDINANCE NO. 9580 (Cont.) - 2 - Parcel No.Owner Legal Description Tap Fee 400140624 Jay L & Julie Hehnke N 211’ of W 1/3 of Lot 1 & PT 16.5’ Vac Lueth Drive, Windolph’s Subdivision $7,563.81 400140616 Horacio D Vazquez S 696.5’ of W 1/3 of Lot 1 & Pt W 16.5’ Vac Lueth Drive, Windolph’s Subdivision $7,856.48 400140594 Horacio D Vazquez Center 1/3 of Lot 1, Windolph’s Subdivision $7,856.48 400140608 Sebastian Alvarez Perez Olivia Margarita Tzun Vicente E 1/3 of Lot 1, Windolph’s Subdivision $7,856.48 400140632 James Richard Schleicher Pt Lot 2, Windolph’s Subdivision $7,856.48 400104997 Luis A Gonzalez Ana R Ortiz PT Lot 1, Voss Subdivision $7,625.48 400105020 Michael A Kraft Pt Lot 1, Voss Subdivision $7,856.48 400105012 Harold G Zimmerman, Jr. Corina Zimmerman Pt Lot 1, Voss Subdivision $7,856.48 400105004 Kristine L Colclasure Pt Lot 1, Voss Subdivision $7,541.48 400146045 Michelle M Morganflash Donald D Osborn Misc Tracts 14-11-9, Pt NE ¼, NW ¼ 10.45 Ac $7,856.48 400140640 John Robert Schleicher Pt Lot 2, xc 125.6’ x 200’, Windolph’s Subdivision $7,856.48 400104970 Craig L & Karla A Paro Pt Lot 1, Voss Subdivision $7,631.48 400104962 Jack & Joan McKee Pt Lot 1, xc State, Voss Subdivision $7,856.48 TOTAL TAP FEES $101,070.57 SECTION 2. The special tax shall be paid in full prior to connection to the City’s sanitary sewer collection system. SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Sewer Tap Fee Fund” for Sanitary Sewer District No. 535T. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. Grand Island Council Session - 4/12/2016 Page 99 / 227 ORDINANCE NO. 9580 (Cont.) - 3 - SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 100 / 227 Grand IslandCouncil Session - 4/12/2016Page 101 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item F-2 #9581 - Consideration of Assessments for Sanitary Sewer District No. 537T, Extension of Sanitary Sewer to Serve Lot 1 & 2, TLST Spiehs Subdivision and Part of the North Ten (10) Acres of the W Half of the NW Quarter (W1/2NW1/4) All In Section 10-11-9 This item relates to the aforementioned Board of Equalization item D-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/12/2016 Page 102 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9581 An ordinance assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 537T of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provisions of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said sanitary sewer improvements in said Sanitary Sewer District No. 537T, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Grand Island Council Session - 4/12/2016 Page 103 / 227 ORDINANCE NO. 9581 (Cont.) - 2 - Parcel No.Owner Legal Description Tap Fee 400205955 Jose Haro Martha Haro Misc Tracts 10-11-9 PT W ½ NW ¼ .41 Ac $7,463.58 400205963 Juan Rico Anna M Villa De Rico Misc Tracts 10-11-9 PT W ½ NW ¼ .15 Ac $7,463.58 400206080 Rhonda Coon Ricky Coon Misc Tracts 10-11-9 PT W ½ NW ¼ .46 Ac $7,463.58 400214059 Gary Ummel Estel Ummel Lot 2, TLST Spiehs Subdivision $7,463.58 400205939 Timothy S Grudzinski Cassandra L Grudzinski Misc Tracts 10-11-9 W ½ of PT N 10 A of PT W ½ NW ¼ .50 Ac $7,463.58 400205920 Reinier Fernandez Solorzano Misc Tracts 10-11-9 E ½ of PT N 10 A of PT W ½ NW ¼ .50 Ac $7,463.58 400206056 Wesley T Tjaden Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $7,463.58 400205947 Anna Lee Young Life Est B Haycock & B Hardenbroc Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $7,463.58 400206013 JK Investments, LLC Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $7,463.58 400206005 Sergio Urbina Idalia Urbina Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $6,350.82 400205912 Cruz C Ramos, Sr. Minerva M Ramos Misc Tracts 10-11-9 PT W ½ NW ¼ 1 Ac $7,463.58 400205904 Ronald Peter Pfenning Misc Tracts 10-11-9 PT W ¼ NW ½ 1 Ac $7,463.58 400206048 Timothy S Spiehs Lisa M Spiehs Lot 1, TLST Spiehs Subdivision $7,463.58 TOTAL TAP FEES $95,913.78 SECTION 2. The special tax shall be paid in full prior to connection to the City’s sanitary sewer collection system. SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the “Sewer Tap Fee Fund” for Sanitary Sewer District No. 537T. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. Grand Island Council Session - 4/12/2016 Page 104 / 227 ORDINANCE NO. 9581 (Cont.) - 3 - SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 105 / 227 Grand IslandCouncil Session - 4/12/2016Page 106 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item F-3 #9582 - Consideration of Amending Chapter 23 of the Grand Island City Code Relative to the Occupation Tax Oversight Committee Staff Contact: Jerry Janulewicz Grand Island Council Session - 4/12/2016 Page 107 / 227 Council Agenda Memo From: Jerry Janulewicz, City Attorney Meeting:April 12, 2016 Subject:Occupation Tax Oversight Committee Presenter(s): Jerry Janulewicz, City Attorney Background In the May 2016 election, the electorate of Grand Island will be voting upon a ballot question to extend the 1.5 percent city occupation tax imposed upon persons and entities engaging in the business of providing food services, drinking places, or restaurants (hereinafter referred to as “Food and Beverage Tax”). The Mayor and City Administration propose that an oversight committee be established by ordinance. The function of the committee would be to advise the public and city officials with regard to the city’s Food and Beverage Tax, confirm that the Food and Beverage Tax revenues are accounted for in the designated special revenue funds and are being expended on eligible projects as provided by city ordinances. Discussion The proposed ordinance would establish a five member oversight committee, appointed by the mayor with council approval. The function of the committee would be to advise the public and city officials with regard to the city’s Food and Beverage Tax imposed upon persons and entities engaging in the business of providing food services, drinking places, or restaurants within the City of Grand Island, confirm that the Food and Beverage Tax revenues are accounted for in the designated special revenue funds and are being expended on eligible projects as provided by city ordinances. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the ordinance. 2.Disapprove or /Deny the ordinance. 3.Modify the ordinance to meet the needs of the City Council. 4.Table the issue. Grand Island Council Session - 4/12/2016 Page 108 / 227 Recommendation City Administration recommends that the Council approve the ordinance creating the Occupation Tax Oversight Committee. Sample Motion Move to approve the Resolution authorizing and approving the ordinance creating the Occupation Tax Oversight Committee. Grand Island Council Session - 4/12/2016 Page 109 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney ORDINANCE NO. 9582 An ordinance to amend Chapter 23 of the Grand Island City Code; to add Chapter 23, Article VIII, Section 23-80 through Section 23-86 pertaining to Occupation Tax Oversight Committee; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Article VIII, Section 23-80 through Section 23-86 is hereby added to Chapter 23 of the Grand Island City Code to read as follows: ARTICLE VIII OCCUPATION TAX OVERSIGHT COMMITTEE §23-80. Occupation Tax Oversight Committee; Creation; Duties; and Composition. There is hereby created in and for the city an Occupation Tax Oversight Committee (“the Committee”). The Committee will be responsible for reviewing the revenues and expenditures of the city’s occupation tax imposed upon persons and entities engaging in the business of providing food services, drinking places, or restaurants (hereinafter referred to as “Food and Beverage Tax”). The Committee shall advise the public and city officials with regard to the city’s Food and Beverage Tax, and shall confirm that the Food and Beverage Tax revenues are accounted for in the designated special revenue funds and are being expended on eligible projects as provided by city ordinances. The Committee shall be composed of five (5) members who shall be registered voters of the City of Grand Island. Three (3) members shall constitute a quorum. The members shall be appointed by the Mayor subject to the approval of the City Council. §23-81. Committee Members; Terms. When the Committee is first appointed, one (1) of its members shall be appointed for a term of one (1) year, two (2) members for a term of two (2) years, and two (2) members for a term of three (3) years, and thereafter all regular terms shall be four (4) years. No member of the Committee shall serve more than two (2) consecutive terms but may, however, be reappointed after a lapse of one (1) year. §23-82. Ineligible Individuals. No member of the Committee shall be an elected or appointed city official or an employee of the city. Grand Island Council Session - 4/12/2016 Page 110 / 227 ORDINANCE NO. 9582 (Cont.) §23-83. Meetings. The Committee shall hold regular meetings at least semi-annually in March and September and may hold special meetings as necessary to review the Food and Beverage Tax program of the city and to advise the governing body of the city with regard to the program. Special meetings of the Committee shall be held whenever called by the chairperson of the Committee or a majority of Committee members. Each September, or more often as deemed appropriate by the Committee, the Committee shall provide a written report to the governing body on its findings and suggestions. §23-84. Officers. The Committee shall elect its chairperson from its members and shall create and fill such other offices as it may determine. The term of the chairperson shall be two (2) years, with eligibility for reelection. §23-85. Committee Vacancies; Removal. Vacancies occurring in the membership of the Committee shall be filled by the Mayor, by and with the approval of the City Council for the remainder of the term. Any member of the Committee may be removed from office by the Mayor, subject to approval of the Council. §23-86. Administration. The City Finance Director or his/her designated representative shall be an ex-officio member of the Committee, and shall be responsible for assisting the Committee, providing it with necessary information and advice, and for providing financial information to the Committee. SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 12, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 111 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-1 Approving Minutes of March 22, 2016 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 4/12/2016 Page 112 / 227 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING March 22, 2016 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 March 22, 2016. Notice of the meeting was given in The Grand Island Independent on March 16, 2016. 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, Finance Director Renae Griffiths, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Makayla Morgan. INVOCATION was given by Pastor Mark Oberbeck, Northridge Assembly of God, 3025 Independence Avenue followed by the PLEDGE OF ALLEGIANCE. PUBLIC HEARINGS: Public Hearing on Amendment to the Redevelopment Plan for CRA Area 1 for a Site Specific Redevelopment Plan located at 110 East 3rd Street (Wing Properties). Regional Planning Department Director Chad Nabity reported that Wing Properties, the owner of the Williamsons Furniture Building, had submitted a proposed amendment to the redevelopment plan that would provide for renovation and redevelopment of this property for commercial residential uses. Staff recommended approval. No public testimony was heard. Public Hearing on Amendment to the Redevelopment Plan for CRA Area 15 for a Site Specific Redevelopment Plan located at 106 South Webb Road (Pump and Pantry, Inc.). Regional Planning Department Director Chad Nabity reported that Pump and Pantry, Inc. had made an offer on and intended to purchase property at 106 South Webb Road along with an application for Tax Increment Financing to aid in the construction of a new Pump and Pantry Store. Staff recommended approval. Brandi Bosselman and Gus Patsios, 3123 Stolley Park Road, Suite A representing Pump and Pantry spoke in support. No further public testimony was heard. Public Hearing on Request to Rezone Property located at the South End of Hillside Drive from TA – Transitional Agriculture to LLR – Large Lot Residential (Paul Mader). Regional Planning Director Chad Nabity reported that a request had been received from Paul Mader to rezone property proposed for platting as Maderville Subdivision located at the south end of Hillside Drive, east of Engleman Road from TA - Transitional Agriculture to LLR – Large Lot Residential. Staff recommended approval. Barb Doering, 3565 Hillside Drive spoke in opposition. Ron Depue, 308 North Locust Street spoke in support. No further public testimony was heard. Grand Island Council Session - 4/12/2016 Page 113 / 227 Page 2, City Council Regular Meeting, March 22, 2016 Public Hearing on Section 5311 Operating Assistance Application Regarding Transit Services. Regional Planning Director Chad Nabity gave a brief history of the 5311 Rural Transit Funding. The City needed to prepare for the management of the transit service through Section 5307 funding. This would allow the City to be the direct recipient of such funding, which is approved through he Metropolitan Planning Organization (MPO), from the Federal Government. LexAnn Roach representing the Crisis Center, Karen Rathke representing the Heartland United Way, and Ron Depue, 308 No. Locust Street spoke in support. No further public testimony was heard. Public Hearing on Development of 2017-2019 Consolidated Plan Including Fiscal Year 2017 Action Plan for CDBG Activities. Community Development Specialist Charley Falmlen gave a PowerPoint presentation on the 2017-2019 Consolidated Action Plan for CDBG Activities. The Consolidated Plan represents the City’s goals for CDBG funding in broad scope, it identifies the areas and focus of CDBG priorities. The Annual Action Plan breaks down the priorities and lists specific dollar amounts and which projects would be funded in the following fiscal year. Staff recommended approval. No public testimony was heard. Public Hearing on Progress of Current CDBG Activities. Community Development Specialist Charley Falmlen gave a PowerPoint presentation of the five active Community Development Block Grants (CDBG). The State required the City to hold one public hearing during the progress of CDBG projects as a matter of due diligence to the public in regard to the use of these Federal funds. Staff recommended approval. No public testimony was heard. 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: #9579 – Consideration of Request to Rezone Property located at the South End of Hillside Drive from TA – Transitional Agriculture to LLR – Large Lot Residential (Paul Mader) 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 Hehnke seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Motion by Pdaulick, second by Minton to approve Ordinance #9579. City Clerk: Ordinance #9579 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 #9579 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9579 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 4/12/2016 Page 114 / 227 Page 3, City Council Regular Meeting, March 22, 2016 CONSENT AGENDA: Consent Agenda items G-3 and G-11 (Resolution #2016-63) were pulled from the agenda for further discussion. Motion by Donaldson, second by Fitzke to approve the Consent Agenda excluding items G-3 and G-11. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of March 8, 2016 City Council Regular Meeting. Approving Minutes of March 15, 2016 City Council Study Session. Approving Appointment of Krae Dutoit to the Community Redevelopment Authority (CRA) Board. Mayor Jensen stated Mr. Dutoit was the president of the Gary Thompson Insurance Agency and would be an asset to the CRA board. He would fill the vacancy created by Barry Sandstrom who retired. Motion by Nickerson, second by Haase to approve the appoint of Krae Dutoit to the CRA board. Upon roll call vote, all voted aye. Motion adopted. Approving Liquor Manager Designations for Rob Reif, 930 Twin Ridge Road, Lincoln, NE for Hy-Vee Gas, 118 Wilmar Avenue and Hy-Vee Food Store, 115 Wilmar Avenue. #2016-57 - Approving Final Plat and Subdivision Agreement for Hayman’s Second Subdivision. It was noted that Handlers Land, LLC, owner, had submitted the Final Plat and Subdivision Agreement for Hayman’s Second Subdivision for the purpose of creating 2 lots located east of North Road and south of Stolley Park Road consisting of 4.75 acres. #2016-58 - Approving Final Plat and Subdivision Agreement for Maderville Estates Subdivision. It was noted that Paul Mader, owner, had submitted the Final Plat and Subdivision Agreement for Maderville Estates Subdivision for the purpose of creating 2 lots located east of Engleman Road and south of Husker Highway consisting of 4.44 acres. #2016-59 - Approving Final Plat and Subdivision Agreement for Thomas Second Subdivision. It was noted that Tommy Ummel, Sr., owner, had submitted the Final Plat and Subdivision Agreement for Thomas Second Subdivision for the purpose of creating 2 lots located west of Sky Park Road and south of Capital Avenue consisting of 2.751 acres. #2016-60 - Approving Purchase of Dell Tablets for Police Fleet Computers from State Contract #14252 OC for an Amount of $34,739.40. #2016-61 - Approving Bid Award for One (1) 2017 Wastewater Belt Trailer for the Wastewater Division of the Public Works Department with GI Trailer of Grand Island, NE in an Amount of $78,623.00. #2016-62 - Approving Bid Award for One (1) 2017 Model 94,500 GVW Conventional Truck- Tractor for the Wastewater Division of the Public Works Department with Hansen International Truck of Grand Island, NE in an Amount of $113,938.00. #2016-63 - Approving Request from the YMCA for Permission to Use City Streets, Hike/Bike Trail, and State Highway for the 2016 State Fair Marathons. Police Chief Steve Lamken Grand Island Council Session - 4/12/2016 Page 115 / 227 Page 4, City Council Regular Meeting, March 22, 2016 answered questions regarding Police support for races like these. He stated they charge for these events for the additional resources required. Motion by Nickerson, second by Minton to approve Resolution #2016-63. Upon roll call vote, all voted aye. Motion adopted. #2016-64 - Approving Designating Portions of the East Side of Lincoln Avenue, Adjacent to Goodwill Industries at 1804 South Eddy Street as No Parking. #2016-65 - Approving Lease Purchase of a New Motor Grader from Murphy Tractor of Grand Island, NE for the Streets Division of the Public Works Department with John Deere Finance for (5) Annual Payments of $45,723.02. #2016-66 - Approving Interlocal Agreement with the Hall County Airport Authority for On-Site Security. #2016-67 - Approving Pipeline Crossing Agreement with the Nebraska Central Railroad Company to Cross an Industrial Spur Line at the North End of the Central NE Regional Airport in an Amount of $1,000.00. #2016-68 - Approving Continuing Disclosure Agreement and Certificate of Participant Agreement with Omaha Public Power District for 2016 Series A Bonds. #2016-69 - Approving Execution of Prairie Breeze Power Purchase Agreement Estoppel. #2016-70 - Approving Municipal Advisory Services Agreement with Municipal Capital Advisors LLC in an Amount of $5,000.00 Annually. #2016-71 - Approving Agreements with Union Bank & Trust Company for Fire Pension Plan. #2016-72 - Approving Agreements with Union Bank & Trust Company for Police Pension Plan. REQUESTS AND REFERRALS: Consideration of Review of Conditions for Hooker Bros. Sand & Gravel, Inc. Operating a Sand and Gravel Pumping Facility at 501 South Gunbarrel Road. Building Department Director Craig Lewis reported that the Council approved the continued operation of the sand and gravel facility located at 501 South Gunbarrel Road on October 27, 2015 with a request to review the established conditions and bring back modifications as necessary. Staff met with representatives from Hooker Brothers and Randy Stueven to discuss additional items presented in a letter signed by several neighboring property owners. Discussed were use, closure, and primary conditions. Included was the height of stored product and prescribed setback. Discussion was held regarding changes to the current operation. Mr. Lewis stated this did not change what they were doing now. Motion by Donaldson, second by Haase to approve the review of conditions for Hooker Bros. Sand & Gravel, Inc. operating a sand a gravel pumping facility at 501 South Gunbarrel Road with the changes. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 4/12/2016 Page 116 / 227 Page 5, City Council Regular Meeting, March 22, 2016 Consideration of Request to Modify Conditions for Fonner-State Fair RV Park at 915 E. Fonner Park Road. Building Department Director Craig Lewis reported that this request was to modify the conditions established for the RV Park which was approved on June 8, 2010. As the Park has developed into a site available to accommodate both Fonner racing and the State Fair, the following three modifications were needed: The 90 day time limit is inadequate to facilitate Fonner Park needs and it was recommended to extend the length of time to 180 days. External LP gas tanks shall be limited to 150 gallons maximum horizontal tanks and be located in conformance with the International Fire Code adopted by the City. Because of the season for Fonner racing, skirting of the camper trailers was desired, any skirting provided shall be noncombustible. Discussion was held regarding the RV Park on the south side of the property. Mr. Lewis stated this would likely go away or the State Fair would modify the spaces for State Fair vendors. Motion by Haase, second by Stelk to approve the modifications as presented by staff. Upon roll call vote, all voted aye. Motion adopted. Consideration of Review of Section 5311 Operating Assistance Application Regarding Transit Services. This item related to the aforementioned Public Hearing. Discussion was held regarding the funding of $700,000 which required a match. These monies would be used for the Hall County Handy Bus. No action was required by Council. Consideration of Review of Development of 2017-2019 Consolidated Plan Including Fiscal Year 2017 Action Plan for CDBG Activities. This item related to the aforementioned Public Hearing. Discussion was held regarding how the funds would be distributed. Ms. Falmlen stated housing would be a priority. No action was required by Council. Consideration of Review of Public Hearing on Progress of Current CDBG Activities. This item related to the aforementioned Public Hearing. No action was required by Council. RESOLUTIONS: #2016-73 - Consideration of Approving the Redevelopment Plan for CRA Area 1 for a Site Specific Redevelopment Plan located at 110 East 3rd Street (Wing Properties). This item related to the aforementioned Public Hearing. Motion by Haase, second by Stelk to approve Resolution #2016-73. Upon roll call vote, all voted aye. Motion adopted. #2016-74 - Consideration of Approving the Redevelopment Plan for CRA Area 15 for a Site Specific Redevelopment Plan located at 106 So. Webb Road (Pump and Pantry, Inc.). This item related to the aforementioned Public Hearing. Location was mentioned as a concern because of the traffic in this area. Mentioned was whether this project was a public benefit. Motion by Nickerson, second by Minton to approve Resolution #2016-74. Upon roll call vote, Councilmembers Paulick, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Steele voted no. Motion adopted. Grand Island Council Session - 4/12/2016 Page 117 / 227 Page 6, City Council Regular Meeting, March 22, 2016 #2016-75 – Consideration of Approving Transfer of Central Nebraska Veterans Home Land and Buildings to the City. City Attorney Jerry Janulewicz reported that the State had determined that the agricultural lands and the lands leased to the City for recreational uses are excess lands and available for transfer as Phase I. Upon acquisition of the Phase I property, city staff proposed that the agricultural property be leased for the 2016 crop season through the city’s current farm lease manager and management program. It was mentioned that Phase II would take some time and that it would came back to council for more discussion. Mayor Jensen stated this was a journey which would take several years and that there would public comment. Motion by Donaldson, second by Haase to approve Resolution #2016-75. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Hehnke, second by Donaldson to approve the Claims for the period of March 9, 2016 through March 22, 2016 for a total amount of $4,242,240.97. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:29 p.m. RaNae Edwards City Clerk Grand Island Council Session - 4/12/2016 Page 118 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-2 #2016-76 - Approving the Request from Burtibang, LLC dba Royal Indian Cuisine, 3337 West State Street for a Class “C” Liquor License and Liquor Manager Designation for Lok Chhantyal, 1113 College Street This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 4/12/2016 Page 119 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-76 WHEREAS, an application was filed byBurtibang, LLC doing business as Royal Indian Cuisine, 3337 West State Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 2, 2016; such publication cost being $16.77; and WHEREAS, a public hearing was held on April 12, 2016 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 Lok Chhantyal, 1113 College Street as liquor manager of such business contingent upon completion of a state approved alcohol server/seller training program.. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 120 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-3 #2016-77 - Approving Bid Award - Rogers Reservoir I Interior Painting Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/12/2016 Page 121 / 227 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:April 12, 2016 Subject:Rogers Reservoir I Interior Painting Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Utilities Department utilizes several large, steel storage tanks for storage of potable water. Being of steel construction, periodic painting of the surfaces of these tanks is required as routine maintenance. The tanks are coated with specialized painting systems to prevent corrosion of the steel shells and the tank support structures, and are regularly inspected for the condition of paint coatings and metal surfaces. During inspections last year, the Rogers Reservoir 1 showed significant deterioration of the interior surface. It is one of two storage tanks for the Rogers Pumping Station, used as part of the City’s municipal water system. This three million gallon water storage tank is located at the intersection of Old Potash Highway and North Road. Plant staff developed bid specifications for the repainting of the tank interior, which included sandblasting of the surfaces to bare metal and painting with the appropriate coating systems. Discussion Specifications for the Rogers Reservoir 1 Interior Painting were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on March 24, 2016. The engineer’s estimate for this project was $350,000.00. Bidder Bid Price M & M Tank Coating Company Greeley, Colorado $249,100.25 Allen Blasting & Coating, Inc. Burlington, Iowa $292,813.00 Integrity Tank Services, LLC Henderson, Kentucky $319,950.00 MMI Tank & Industrial Services, Inc. Phoenix, Arizona $393,718.00 Grand Island Council Session - 4/12/2016 Page 122 / 227 Bidder Bid Price Lindner Painting, Inc. Lincoln, Nebraska $394,700.00 Maguire Iron, Inc., Sioux Falls, South Dakota $415,000.00 J.R. Stelzer Company Lincoln, Nebraska $463,055.00 TMI Coatings, Inc., St. Paul, Minnesota $474,000.00 Hartman Walsh Painting Company St. Louis, Missouri $677,500.00 The bids were reviewed by Utility Engineering staff. The bid from M&M Tank Coating does not meet the minimum specification requirements, as they proposed a coating system that does not meet the ANSI/NSF Standard 61 for potable water if applied at the 22.5 mils minimum dry film thickness specified for stripe coat areas. All other bids were in compliance with the specifications and had no exceptions. The bid from Allen Blasting & Coating, Inc., 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 the Council award the bid to Allen Blasting & Coating, Inc., of Weaver, Iowa, as the low responsive bidder, with the bid in the amount of $292,813.00. Sample Motion Move to approve the bid in the amount of $292,813.00 from Allen Blasting & Coating, Inc., for the Rogers Reservoir I Interior Painting. Grand Island Council Session - 4/12/2016 Page 123 / 227 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:March 24, 2016 at 2:00 p.m. FOR:Rogers Reservoir 1 Interior Painting DEPARTMENT:Utilities ESTIMATE:$350,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:March 8, 2016 NO. POTENTIAL BIDDERS:8 SUMMARY Bidder:Maguire Iron, Inc.TMI Coatings, Inc. Sioux Falls, SD St. Paul, MN Bid Security:Great American Ins. Co.North American Specialty Ins. Co. Exceptions:None None Bid Price: Material:$ 82,000.00 $120,000.00 Labor:$327,260.00 $338,000.00 Sales Tax:$ 5,740.00 $ 16,000.00 Total Bid:$415,000.00 $474,000.00 Bidder:Hartman Walsh Painting Co.Allen Blasting & Coating, Inc. St. Louis, MO Wever, IA Bid Security:Travelers Casualty & Surety Co.United Fire & Casualty Co. Exceptions:Noted None Bid Price: Material:$108,500.00 $121,585.71 Labor:$561,400.00 $162,716.29 Sales Tax:$ 7,600.00 $ 8,511.00 Total Bid:$677,500.00 $292,813.00 Grand Island Council Session - 4/12/2016 Page 124 / 227 Bidder:Lindner Painting, Inc.J.R. Stelzer Co. Lincoln, NE Lincoln, NE Bid Security:Merchants Bonding Co.Merchants Bonding Co. Exceptions:None None Bid Price: Material:$ 69,700.00 $110,000.00 Labor:$320,121.00 $345,355.00 Sales Tax:$ 4,879.00 $ 7,700.00 Total Bid:$394,700.00 $463,055.00 Bidder:MMI Tank & Industrial Services Integrity Tank Service, LLC Phoenix, AZ Henderson, KY Bid Security:Berkley Insurance Co.Allied World Specialty Ins. Co. Exceptions:None None Bid Price: Material:$ 67,600.00 $136,536.00 Labor:$322,400.00 $173,857.00 Sales Tax:$ 3,718.00 $ 9,557.00 Total Bid:$393,718.00 $319,950.00 Bidder:M & M Tank Coating Co. Greeley, CO Bid Security:Bankers Insurance Co. Exceptions:None Bid Price: Material:$ 89,375.00 Labor:$153,469.00 Sales Tax:$ 6,256.25 Total Bid:$249,100.25 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Karen Nagel, Utilities Secretary Larry Keown, Burdick Plant Supt. P1875 Grand Island Council Session - 4/12/2016 Page 125 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-77 WHEREAS, the City of Grand Island invited sealed bids for Rogers Reservoir I Interior Painting according to plans and specifications on file with the Utilities Department; and WHEREAS, on March 24, 2016, bids were received, opened and reviewed; and WHEREAS, Allen Blasting & Coating, Inc., of Burlington, Iowa, 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 $292,813.00; and WHEREAS, the bid of Allen Blasting & Coating, Inc., is less than the estimate for Rogers Reservoir I Interior Painting. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Allen Blasting & Coating, Inc., in the amount of $292,813.00, for Rogers Reservoir I Interior Painting, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 126 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-4 #2016-78 - Approving Purchase of a 2016 Ford F-150 for the Utilities Department, Water Division (#90) from the State Bid Contract #14365 OC Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/12/2016 Page 127 / 227 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:April 12, 2016 Subject:Approving State Bid Contract #14365 OC for a 2016 Truck – Water Division – Unit #90 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department, Water Division, has a 2002 truck (Unit #90) with 83,314 miles This vehicle is due to be replaced based upon its condition and the Utilities Department current vehicle replacement schedule. Discussion The vehicle specifications awarded under State of Nebraska Contract #14365 OC meet all of the requirements for the Water Division vehicle. Anderson Auto Group of Lincoln, Nebraska, submitted a bid with no exceptions in the amount of $27,763.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of a 2016 Ford F-150 (Unit #90) for the Utilities Department, Water Division, under State of Nebraska Contract #14365 OC, in the amount of $27,763.00. Grand Island Council Session - 4/12/2016 Page 128 / 227 Sample Motion Move to approve the purchase of a 2016 Ford F-150 Truck (Unit #90) for the Utilities Department, Water Division, in the amount of $27,763.00. Grand Island Council Session - 4/12/2016 Page 129 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-78 WHEREAS, the Water Division of the Utilities Department for the City of Grand Island, budgeted for a replacement vehicle (Unit #90) in the 2015/2016 fiscal year; and WHEREAS, said vehicle, a 2016 Ford F-150 Truck can be obtained from the State Contract holder; and WHEREAS, the State Contract holder for this vehicle, Anderson Auto Group of Lincoln, Nebraska, came in with the low bid in the amount of $27,763.00 without exceptions; and WHEREAS, purchasing the vehicle from the State Contract #14365 OC meets all statutory bidding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the purchase of a new truck for the Water Division (Unit #90) under State Contract #14365 OC from Anderson Auto Group, of Lincoln, Nebraska, in the amount of $27,763.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 130 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-5 #2016-79 - Approving Purchase of a 2016 Ford F-250 for the Utilities Department, Water Division (#924), from the State Bid Contract #14333 OC Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/12/2016 Page 131 / 227 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:April 12, 2016 Subject:Approving State Bid Contract #14333 OC for a 2016 Truck – Water Division – Unit #924 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department, Water Division, has a 1997 truck (Unit #924) with 113,929 miles. This vehicle is due to be replaced based upon its condition and the Utilities Department current vehicle replacement schedule. Discussion The vehicle specifications awarded under State of Nebraska Contract #14333 OC meet all of the requirements for the Water Division vehicle. Anderson Auto Group of Lincoln, Nebraska, submitted a bid with no exceptions in the amount of $28,401.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of a 2016 Ford F-250 (Unit #924) for the Utilities Department, Water Division, under State of Nebraska Contract #14333 OC, in the amount of $28,401.00. Grand Island Council Session - 4/12/2016 Page 132 / 227 Sample Motion Move to approve the purchase of a 2016 Ford F-250 Truck (Unit #924) for the Utilities Department, Water Division, in the amount of $28,401.00. Grand Island Council Session - 4/12/2016 Page 133 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-79 WHEREAS, the Water Division of the Utilities Department for the City of Grand Island, budgeted for a replacement vehicle (Unit #924) in the 2015/2016 fiscal year; and WHEREAS, said vehicle, a 2016 Ford F-250 Truck can be obtained from the State Contract holder; and WHEREAS, the State Contract holder for this vehicle, Anderson Auto Group of Lincoln, Nebraska, came in with the low bid in the amount of $28,401.00 without exceptions; and WHEREAS, purchasing the vehicle from the State Contract #14333 OC meets all statutory bidding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the purchase of a new truck for the Water Division (Unit #924) under State Contract #14333 OC from Anderson Auto Group, of Lincoln, Nebraska, in the amount of $28,401.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 134 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-6 #2016-80 - Approving GeoComm 911 GIS Maintenance Contract Renewal Staff Contact: Jon Rosenlund Grand Island Council Session - 4/12/2016 Page 135 / 227 Council Agenda Memo From:Jon Rosenlund, Director of Emergency Management Meeting:April 12, 2016 Subject:GeoComm GIS Maintenance Contract Renewal Presenter(s):Jon Rosenlund, Director of Emergency Management Background The Emergency Management Department contracts with GeoComm for 911 phone system data maintenance that corresponds to the 911 mapping system used in the Emergency Center. Council is presented with the renewal of this contract and requested approval for the Director to sign that contract on behalf of the Department. Discussion The Emergency Management Department contracts with GeoComm for 911 phone system data maintenance that corresponds to the 911 mapping system used in the Emergency Center. This contract is for five years and paid annually. Total cost of the contract is $35,962.00, which is the result of 5 annual payments ranging from $6,773.00 in 2016 to $7,839.00 in 2020. Services rendered through this contract include the management of the Master Street Address Guide (MSAG) and Automatic Location Identification (ALI) used to properly map 911 calls. The regular maintenance of this data is required for proper 911 location services. Costs for this service are paid through the 911 Landline Surcharge collected by Hall County and deposited in the 215 Fund within the City for 911 expenses. Council is presented with the renewal of this contract and requested approval for the Director to sign that contract on behalf of the Emergency Management Department. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date Grand Island Council Session - 4/12/2016 Page 136 / 227 4.Take no action on the issue Recommendation City Administration recommends that the Council approve this contract. Sample Motion Move to approve the GeoComm GIS Maintenance Contract. Grand Island Council Session - 4/12/2016 Page 137 / 227 Grand Island Council Session - 4/12/2016 Page 138 / 227 Grand Island Council Session - 4/12/2016 Page 139 / 227 Grand Island Council Session - 4/12/2016 Page 140 / 227 Grand Island Council Session - 4/12/2016 Page 141 / 227 Grand Island Council Session - 4/12/2016 Page 142 / 227 Grand Island Council Session - 4/12/2016 Page 143 / 227 Grand Island Council Session - 4/12/2016 Page 144 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-80 WHEREAS, the Grand Island Emergency Center receives and dispatches for emergency 911 services for Hall County; and WHEREAS, the current contract with GeoComm for maintenance of GIS data such as MSAG and ALI is about to expire; and WHEREAS, accurate GIS data such as MSAG and ALI is vital to accurately locate and display 911 calls in Hall County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to authorize the Director of Emergency Management to renew the GeoComm GIS Maintenance Contract for services provided from May 1, 2016 to April 20, 2021. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 145 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-7 #2016-81 - Approving High Intensity Drug Trafficking Area (HIDTA) Grant Funding Staff Contact: Steve Lamken Grand Island Council Session - 4/12/2016 Page 146 / 227 Council Agenda Memo From:Steven Lamken, Police Chief Meeting:April 12, 2016 Subject:Approval of High Intensity Drug Trafficking Area (HIDTA) Grant Funding Presenter(s):Steven Lamken, Police Chief Background The Police Department has been a member of the Central Nebraska Drug and Safe Streets Task Force for several years. The City acts as the fiscal agent for a portion of the funds used by the Task Force to include off site facility maintenance, vehicle leases and operational funds. The 2016 HIDTA award, 16HD06, is for $54,992.00 and does not require matching funds. Acceptance of the award will provide funding needed for the operations of the Task Force. Discussion The Grand Island Police Department has been a participating member of the regional HIDTA, Central Nebraska Drug and Safe Streets Task Force for several years. The Task Force serves a valuable role in the investigation and prosecution of drug offenders and violent criminals. The HIDTA designation provides Federal funding for the investigative operations of the Task Force. The City serves as the fiscal agent for part of the task force funding that supports the operation and maintenance of the offsite facility, vehicle and cell phone use, and operational funds that are used to buy drugs/weapons and pay informants. The 2016 HIDTA award to the Task Force is $54,992.00. Approval and acceptance of the funding will support the Task Force during the year. The funding does not require a local match. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - 4/12/2016 Page 147 / 227 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve acceptance of the 2016 HIDTA award 16HD06 for $54,992.00 for the Central Nebraska Drug and Safe Streets Task Force. Sample Motion Move to approve acceptance of the 2016 HIDTA award 16HD06 for $54,992.00 for the Central Nebraska Drug and Safe Streets Task Force. Grand Island Council Session - 4/12/2016 Page 148 / 227 Grand Island Council Session - 4/12/2016 Page 149 / 227 Grand Island Council Session - 4/12/2016 Page 150 / 227 Grand Island Council Session - 4/12/2016 Page 151 / 227 Grand Island Council Session - 4/12/2016 Page 152 / 227 Grand Island Council Session - 4/12/2016 Page 153 / 227 Grand Island Council Session - 4/12/2016 Page 154 / 227 Grand Island Council Session - 4/12/2016 Page 155 / 227 Grand Island Council Session - 4/12/2016 Page 156 / 227 Grand Island Council Session - 4/12/2016 Page 157 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-81 WHEREAS, the Grand Island Police Department is a member of the Central Nebraska Drug and Safe Streets Task Force; and WHEREAS, the Task Force has been approved for $54,992.00 of HIDTA funding for the operations of the Task Force; and WHEREAS, the Task Force serves an effective role in the investigation and apprehension of drug dealers and violent criminals, and WHEREAS, the City serves as the fiscal agent for the Task Force operational funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve award 16HD06 of $54,992.00 of Federal HIDTA funding for the operation of the Central Nebraska Drug and Safe Streets Task Force. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremey L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 158 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-8 #2016-82 - Approving Amendment No. 1 to Agreement for Asset Management Implementation Assistance for the Grand Island Wastewater Division Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/12/2016 Page 159 / 227 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:April 12, 2016 Subject:Approving Amendment No. 1 to Agreement for Asset Management Implementation Assistance for the Grand Island Wastewater Division Presenter(s):John Collins PE, Public Works Director Background On July 14, 2015, via Resolution No. 2015-178, City Council awarded an agreement to Black & Veatch Corporation of Kansas City, Missouri to assist in asset management implementation for the Grand Island Wastewater Division. Such agreement is not to exceed $367,700.00. The asset management implementation assistance focuses on asset identification, database design, data collection, data development, training, and subsequent integration of Wastewater Division assets into an enterprise geodatabase and Public Works Cartegraph OMS enterprise asset management system. Full implementation was anticipated to take approximately nine (9) months. Taking into account the assets the Wastewater Division has (Treatment Plant, Lift Stations, etc.) and using a conservative estimate of $100,000,000 the assistance is greatly worth it to get all pieces documented and control all maintenance costs. Any amendments to the agreement must be approved by the City Council. Discussion To accommodate requirements for a more in depth review and to allow for revisions of early project deliverables an additional 180 days is being requested as an amendment to the Asset Management Implementation Assistance agreement. This will ensure an accurate and sustainable foundation of asset information to base the asset management program implementation upon and will not require material changes to scope or fee. Grand Island Council Session - 4/12/2016 Page 160 / 227 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 the Mayor to sign Amendment No. 1 to the Agreement for Asset Management Implementation Assistance for the Grand Island Wastewater Division with Black & Veatch Corporation of Kansas City, Missouri, with no changes to the original scope or fee. Sample Motion Move to approve the resolution. Grand Island Council Session - 4/12/2016 Page 161 / 227 Grand Island Council Session - 4/12/2016 Page 162 / 227 Approved as to Form ¤ ___________ May 27, 2014 ¤ City Attorney R E S O L U T I O N 2016-82 WHEREAS, the City Of Grand Island invited proposals for Asset Management Implementation Assistance for the Wastewater Division of the Public Works Department, according to the Request for Proposals on file with the Wastewater Division of the Public Works Department; and WHEREAS, on March 24, 2015 by Resolution No. 2015-178 City Council approved award of the proposal for such services to Black & Veatch Corporation of Kansas City, Missouri in the amount of $367,700.00; and WHEREAS, it is necessary to amend the original agreement to allow for an additional 180 days to accommodate requirements for a more in depth review and to allow for revisions of early project deliverables to ensure an accurate and sustainable foundation of asset information to better base the Asset Management program implementation upon; and WHEREAS, Black & Veatch Corporation has agreed to such agreement time extension with no other material changes to scope or fee. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Amendment No. 1 to the original agreement with Black & Veatch Corporation of Kansas City, Missouri for Asset Management Implementation Assistance for the Wastewater Division of the Public Works Department is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Amendment No. 1 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 163 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-9 #2016-83 - Approving Change Order No. 1 for Hall County SID No. 2 Sanitary Sewer Improvements - 2014 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/12/2016 Page 164 / 227 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:April 12, 2016 Subject:Approving Change Order No. 1 for Hall County SID No. 2 Sanitary Sewer Improvements - 2014 Presenter(s):John Collins PE, Public Works Director Background The City Council awarded the bid for construction of Sanitary Improvement District No. 2 to Myers Construction, Inc. of Broken Bow, Nebraska on May 12, 2015 in the amount of $2,180,806.00. This project will continue the extension of sanitary sewer to the south side of Interstate 80 along US Highway 281. Any changes to the contract require council approval. Discussion This change order has five (5) main components. First, Myers Construction, Inc. encountered large amounts of unknown debris on Bosselman Oil, Inc.’s site near Lift Station No. 25. This caused increased boring expenses, debris disposal, and additional work days. Second, exploration was performed by the drilling subcontractor in order to locate buried concrete slab at the Bosselman Travel Center. Third, explosion proof junction boxes were added at the request of the City to the lift station electrical buildings. Fourth, the City is receiving a staking credit for staking provided to the contractor. Fifth, the contractor is requesting a thirty (30) day time extension. Itemized costs are included in the Change Order No. 1 document from Olsson Associates. In summary, an additional $47,018.75 is requested to address the large amounts of debris handled, changes in conditions, as well as extra work encountered. A final completion extension is also being requested from April 15, 2016 to May 15, 2016. Funds are available in Account No. 53030055-85213-53002. Grand Island Council Session - 4/12/2016 Page 165 / 227 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 Change Order No. 1 for Hall County SID No. 2 Sanitary Sewer Improvements – 2014 with Myers Construction, Inc. of Broken Bow, Nebraska in the amount of $47,018.75. Sample Motion Move to approve Change Order No. 1. Grand Island Council Session - 4/12/2016 Page 166 / 227 Grand Island Council Session - 4/12/2016 Page 167 / 227 Grand Island Council Session - 4/12/2016 Page 168 / 227 Grand Island Council Session - 4/12/2016 Page 169 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-83 WHEREAS, on May 12, 2015, by Resolution 2015-125, the City Council of the City of Grand Island approved the bid of Myers Construction, Inc. of Broken Bow, Nebraska for construction of Hall County SID No. 2 Sanitary Sewer Improvements - 2014; and WHEREAS, large amounts of unknown debris was encountered on a portion of the project near Lift Station No. 25, which caused increased boring expenses, debris disposal, and additional work days; and WHEREAS, such additional work has resulted in increased expense and additional work days; and WHEREAS, Myers Construction, Inc. has requested an additional $47,018.75 to address the large amounts of debris handled, as well as a final completion extension from April 15, 2016 to May 15, 2016; and WEREAS, the Public Works Department supports requests. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and Myers Construction, Inc. of Broken Bow, Nebraska to provide the modifications of Hall County SID No. 2 Sanitary Sewer Improvements - 2014. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 170 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-10 #2016-84 - Approving Letter of Credit for Employer's Mutual Casualty Company (EMC) Insurance Reserve Staff Contact: Renae Griffiths Grand Island Council Session - 4/12/2016 Page 171 / 227 Council Agenda Memo From:Renae Griffiths, Finance Director Meeting:April 12, 2016 Subject:Approving Letter of Credit for Employer’s Mutual Casualty Company (EMC) Insurance Reserve Presenter(s):Renae Griffiths, Finance Director Background EMC requires security or collateral to be provided for large deductible Workers Compensation policies. They require security or collateral to be purchased in order to cover long term workers compensation payments. We provide that security via the purchase of a letter of credit. In 2014 and 2015 that letter of credit was with Wells Fargo Bank and the cost was $3,200 in 2014 and $3,225 in 2015. This year the City was informed the fee would be 1% of the $800,000 which would be $8,000, an almost 150% increase over the prior year. Discussion Quotes were obtained from other banks to determine if we could get a lower rate. The results were: 0.50% from Cornerstone Bank 0.75% from Union Bank and Trust 0.24% and we would have to put $800,000 in a CD that earns 0.20%, from Great Western bank 1.00% from Wells Fargo Based on those results Cornerstone Bank is the best pricing alternative for the letter of credit to meet our security requirements for EMC. We have confirmed with EMC that they will accept the letter of credit from Cornerstone Bank as a replacement to the existing letter of credit with Wells Fargo Bank. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 4/12/2016 Page 172 / 227 1.Approve the commitment for letter of credit with Cornerstone Bank 2.Disapprove or deny agreement 3.Refer to a committee Recommendation City Administration recommends that the Council approve the letter of credit with Cornerstone Bank to cover the security requirement for EMC. Sample Motion Move to approve the letter of credit with Cornerstone Bank. Grand Island Council Session - 4/12/2016 Page 173 / 227 Grand Island Council Session - 4/12/2016 Page 174 / 227 Grand Island Council Session - 4/12/2016 Page 175 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-84 WHEREAS, Employer’s Mutual Casualty Company (EMC), is an insurance company that provides Workers Compensation Insurance to the City Of Grand Island; and WHEREAS, EMC requires security or collateral in the amount of $800,000 for long term payments; and WHEREAS, a Letter of Credit naming EMC as the beneficiary would be an acceptable form of security or collateral; and WHEREAS, Cornerstone Bank can provide the necessary Letter of Credit to the City of Grand Island; and WHEREAS, the Letter of Credit from Cornerstone will be issued for one year for a fee of 0.5% ($4,000) of $800,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on behalf of the City, execute the Letter of Credit between the City of Grand Island and Cornerstone Bank naming Employer’s Mutual Causality Insurance as the beneficiary for the cost of $4,000. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016 ______________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 176 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-11 #2016-85 - Approving Letter of Credit for Southwest Power Pool, Inc. Staff Contact: Renae Griffiths Grand Island Council Session - 4/12/2016 Page 177 / 227 Council Agenda Memo From:Renae Griffiths, Finance Director Meeting:April 12, 2016 Subject:Approving Letter of Credit for Southwest Power Pool, Inc. (SPP) Presenter(s):Renae Griffiths, Finance Director Background Southwest Power Pool, Inc. requires the City to put into place an approved financial assurance mechanism to cover the costs of the power transactions conducted by SPP and billed to the City. This is pursuant to Southwest Power Pool Appendix “B” – Credit and Security Agreement. The cost for this letter of credit was $6,975 in 2015 and we received notice from Wells Fargo that the cost was increasing to a fee of 1% of the $2 million so the cost will now be $20,000. This isn’t due until August 1, 2016, however if we intend to increase, decrease, or cancel we must let Wells Fargo know by April 19, 2016. Discussion Due to this increase in cost, we tried to obtain quotes for other options. The issue we ran into was that the SPP agreement requires that the bank issuing the letter of credit have a rating from “any rating agency that is a ’nationally recognized statistical rating organization’ as defined by the US Securities Exchanges Commission. Currently there are four – Dominion Bond Rating Service Ltd., Fitch, Inc., Moody’s Investors Service, and the Standard & Poor’s Division of the McGraw Hill Companies Inc.” Of the banks we tried here are the results: Wells Fargo – 1% Bank of America – would not bid as it wasn’t at least an $8 million letter of credit Great Western Bank – did not have a rating from required agency(ies) Union Bank & Trust – no rating Cornerstone – no rating Based on those results, Wells Fargo is the only option the City has to comply with our SPP agreement. Grand Island Council Session - 4/12/2016 Page 178 / 227 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the commitment for letter of credit with Wells Fargo 2.Disapprove or deny agreement 3.Refer to a committee Recommendation City Administration recommends that the Council approve the letter of credit with Wells Fargo to cover the security requirement for SPP. Sample Motion Move to approve the letter of credit with Wells Fargo. Grand Island Council Session - 4/12/2016 Page 179 / 227 Grand Island Council Session - 4/12/2016 Page 180 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-85 WHEREAS, Southwest Power Pool, Inc. (SPP) is a regional transmission operator that provides a real-time energy market to the City Of Grand Island; and WHEREAS, SPP requires the City to put into place an approved financial assurance mechanism in the amount of $2,000,000 to cover the costs of the power transactions; and WHEREAS, a Letter of Credit naming SPP as the beneficiary would be an acceptable form of financial assurance; and WHEREAS, Wells Fargo Bank can provide the necessary Letter of Credit to the City of Grand Island; and WHEREAS, the Letter of Credit from Wells Fargo will be issued for one year for a fee of 1.0% ($20,000) of $2,000,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on behalf of the City, execute the Letter of Credit between the City of Grand Island and Wells Fargo naming SPP as the beneficiary for the cost of $20,000. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016 ______________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 181 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-12 #2016-86 - Approving Addendum #1 for Website Development with Vision Internet Staff Contact: Wendy Meyer-Schmidt, Public Information Officer Grand Island Council Session - 4/12/2016 Page 182 / 227 Council Agenda Memo From:Wendy Meyer-Schmidt, Public Information Officer Meeting:April 12, 2016 Subject:City Website Addendum #1 Extra Work—Redesign and Responsive Design Work and Design Theme Updates Presenter(s):Wendy Meyer-Schmidt, Public Information Officer Background The current City of Grand Island website, www.grand-island.com, was rebuilt in 2009 by Vision Internet of Santa Monica, California, and is currently hosted by Vision Internet. Vision Internet was founded in 1995 and specializes in city and county government website builds and redevelopments. In December 2013 the City signed an Addendum #3 for Scope of Service for an upgrade to the website’s Content Management System (CMS) from #4 to CMS #6 or visionLive. This upgrade allowed for many website enhancements such as a page template builder, drag and drop concept for creating pages, broken link reporter, audio and video embedding, a one click social networking tool, iOS friendly editing, facilities directory, and Google translation integration. In December 2013 the City also signed a visionLive Subscription Services Web Hosting Agreement with Vision Internet which continued Vision Internet as the entity hosting the City’s website and providing support services. Discussion As part of the visionLive Subscription Services Web Hosting Agreement Vision Internet will provide a basic graphic redesign of the website after two years of uninterrupted subscription services of visionLive. This equates to Vision providing $8,000 worth of services free to the City of Grand Island. Included in this will be a new concept and design of the homepage, a new homepage layout wireframe, and three interior page templates. The scope of work related to Addendum #1 will be $12,000 and is tied in with this general redesign mentioned above. The addendum will cover the cost of redesigns (color scheme, page layouts, and menus) for the City’s four design themes—Heartland Public Grand Island Council Session - 4/12/2016 Page 183 / 227 Shooting Park, Island Oasis, Jackrabbit Run Golf Course, and the Grand Island Public Library. In addition, this investment will include a sitemap consultation resulting in a new sitemap and responsive design work which will allow for the best viewing and interaction experience for a website visitor across a wide range of devices. The responsive design will make for easier reading and navigation due to a minimum amount of resizing, panning, and scrolling needed as the site will dynamically move and arrange the page elements as well as reduce the size to best accommodate the screen dimensions. The proposed Addendum #1 has been reviewed and approved by the City’s Legal Department. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Addendum #1 Extra Work with Vision Internet for redesign and responsive design work to www.grand-island.com and updates to the website’s four design themes. Sample Motion Move to approve Addendum #1 Extra Work with Vision Internet for redesign and responsive design work to www.grand-island.com and updates to the website’s four design themes. Grand Island Council Session - 4/12/2016 Page 184 / 227 1 Addendum #1 extra work This Addendum is made and entered into by Vision Technology Solutions, LLC (“Contractor”) and City of Grand Island, Nebraska (“Client”) as of the date of full execution. Contractor and Client hereby mutually acknowledge and agree that: 1. This Addendum is entered into pursuant to the visionLiveTM Subscription Services Agreement by and between Client and Contractor. This Addendum is incorporated into the Agreement. 2. The Agreement, including all other terms and conditions therein, shall continue in effect. 3. In the event of any conflict or inconsistency between the provisions of this Addendum and the Agreement, the provisions of this Addendum shall control only to the extent of the services provided in this Addendum, and not any other subject matter covered by the Agreement. Included Services Navigation and Graphic Design with Responsive Design. The Contractor will consult with Client on how to organize Client website content. Based on this consultation, the Contractor will create a homepage layout wireframe that shows the placement of key information and dynamic content. The Client will review the homepage layout wireframe and may provide feedback to Contractor. The Contractor will then provide Client with one draft homepage design concept via Client-accessible software or as an email attachment (“Delivery”). The Contractor will revise the homepage design concept. After Client reviews the final homepage design concept, the Contractor will provide three interior page designs per standard layouts available through Contractor’s template builder and VCMS widget requirements. The Contractor will deliver the following: One homepage layout wireframe Updated sitemap One homepage design concept Approved homepage design Up to three interior page templates Responsive Design Responsive Website Design with visionDesignerTM Client’s website will be implemented with Responsive Web Design (RWD) ensuring content automatically resizes to fit mobile, tablet and monitor screens. RWD is about crafting sites to provide the best viewing and interaction experience across the wide range of devices that website visitors view your site from. This makes easy reading and navigation with a minimum of resizing, panning, and scrolling by dynamically moving and arranging the page elements as well as reducing their size to best accommodate the screen dimensions instead of being hard coded to specific devices.While RWD will make the website viewable across all devices, Client may need to adjust content for readability and to improve usability on smaller screens. visionMobile DesignerTM enables Client to move, hide and reorder content to create an optimized mobile view of the website. Grand Island Council Session - 4/12/2016 Page 185 / 227 2 Design Theme Update. Client’s design themes will be updated (color scheme, page layouts, and menus) based on the graphic redesign. The following design themes will be updated: Heartland Public Shooting Park Grand Island Public Library Island Oasis Jackrabbit Run Golf Course Extra Work Fees Client agrees to pay Contractor as follows: 1. Price. Contractor agrees to perform work set forth in this Addendum for $12,000. 2. Payment. Contractor will submit itemized invoices to Client for the payments required by this Section, and all invoices will be due and payable by Client within 30 days: (a) An initial payment equal to 50% of the total cost; and (b) A payment equal to 50% of the total cost upon completion of the work set forth in this Addendum. IN WITNESS WHEREOF, the Parties have caused this Addendum to be signed by their duly authorized representatives and given effect as of the last signature date below (the “Effective Date”). “Client” “Contractor” CITY OF GRAND ISLAND VISION TECHNOLOGY SOLUTIONS, LLC, DBA VISION INTERNET PROVIDERS Signature: Signature: Name: Name: Michael Hermann Truex Title: Title: Vice-President, Finance Date: Date: ________________, 2016 Grand Island Council Session - 4/12/2016 Page 186 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-86 WHEREAS, the City of Grand Island continually works on maintaining and updating the City of Grand Island’s website, www.grand-island.com with accurate and current information to be utilized by citizens; and WHEREAS, the City of Grand Island entered into an agreement with Vision Internet of Santa Monica, California to rebuild the City’s website and for hosting services on February 10, 2009; and WHEREAS, Addendum #1 between the City of Grand Island and Vision Internet will provide a general graphic redesign of the website in the amount of $12,000.00, and WHEREAS, the City Attorney’s office has reviewed and approved the proposed Addendum #1 redesign. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with Vision Internet to provide an update for the city of Grand Island’s website, www.grand-island.com, is hereby approved and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 187 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-13 #2016-87 – Approving Interlocal Agreement with Hall County for Public Transportation Services Staff Contact: Jerry Janulewicz Grand Island Council Session - 4/12/2016 Page 188 / 227 Council Agenda Memo From: Jerry Janulewicz, City Attorney Meeting:April 12, 2016 Subject:Public Transportation Presenter(s): Jerry Janulewicz, City Attorney Background Public transportation service within the City of Grand Island and Hall County is provided by Senior Citizens Industries, Inc., utilizing State of Nebraska Rural Transportation funds received by Hall County. Commencing July 1, 2016, public transportation originating or terminating within the urbanized area of the City of Grand Island must be funded utilizing urban transportation funds from the Federal Transit Administration. Discussion The proposed Interlocal Agreement with Hall County would establish a joint public transportation system funded by County’s rural transportation funds received from the State and the City’s urban transportation funds. Transportation services will be provided by a single transportation provider through a contract with the city. The agreement is for a three year term. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Interlocal Agreement through adoption of the Resolution as set forth. 2.Disapprove or /Deny the Resolution. 3.Modify the Resolution to meet the needs of the City Council. 4.Table the issue. Recommendation City Administration recommends that the Council approve the Resolution approving the Interlocal Agreement with Hall County for Public Transportation Services. Grand Island Council Session - 4/12/2016 Page 189 / 227 Sample Motion Move to approve the Resolution authorizing and approving the Interlocal Agreement with Hall County for Public Transportation Services. Grand Island Council Session - 4/12/2016 Page 190 / 227 Page 1 of 7 INTERLOCAL AGREEMENT BY AND BETWEEN THE COUNTY OF HALL, NEBRASKA AND THE CITY OF GRAND ISLAND, NEBRASKA FOR PUBLIC TRANSPORTATION SERVICES WHEREAS, under the provisions of the Interlocal Cooperation Act, NEB. REV. STAT. §13-801 et seq., local political subdivisions may contract with one another for the performance of any governmental service, activity or undertaking that at least one of the contracting public agencies is authorized by law to perform; and WHEREAS, the Parties hereto desire to enter into such a contractual agreement for the County of Hall and the City of Grand Island to undertake to cooperatively provide public transportation services within the City of Grand Island and the County of Hall. NOW THEREFORE, the County of Hall, (“County”) and the City of Grand Island (“City”) agree as follows: 1.Purpose. The purpose of this Agreement is for County and City to provide public transportation services within the County of Hall and the City of Grand Island. 2.Term. This Agreement shall be for a term of three (3) years, commencing upon approval hereof by the parties’ governing bodies. This Agreement may be terminated by either party, for cause or for no cause, upon 90 days prior written notice to the non-terminating party. 3.Funding. 3.1.City shall apply for transportation funds available from the Federal Transit Administration which, together with matching City provided funding, shall provide the source of funds for operation of the public transportation system for trips originating or terminating within the urbanized area of the City of Grand Island. Funds provided for public transportation by City and the grant funds provided from Federal Transit Administration shall together be referred to as “City Transportation Funds.” 3.2.County shall apply for transportation funds available from the Nebraska Department of Roads which, together with matching County provided funds, shall provide the source of funds for operation of the public transportation system for trips originating or terminating within the area of Hall County that is not included within the urbanized area of the City of Grand Island. Funds provided for public transportation by County and the Grand Island Council Session - 4/12/2016 Page 191 / 227 Page 2 of 7 grant funds provided from Nebraska Department of Roads shall together be referred to as “County Transportation Funds.” 3.3.City Transportation Funds and County Transportation Funds shall be utilized to provide a funding for a single public transportation provider contracted to provide public transportation services as defined herein. The parties shall provide accounting procedures and systems necessary to ensure and provide documentation of appropriate utilization of the City Transportation Funds and the County Transportation Funds. 4.Public Transportation Services; Objectives. The basic objectives of the Public Transportation Services program include: a)Provide curb-to-curb/portal-to-portal public transportation in Hall County and the urbanized area of Grand Island; b)Meet performance objectives established by the City; c)Provide service that is safe, reliable, compliant with all service requirements, the Americans with Disabilities Act, and federal, state, and local regulations; and d)Provide service in the most cost-effective and efficient manner. 5.County Buses. County’s current fleet of buses used to provide public transportation services shall be available for use by the contracted Public Transportation Services Provider to provide public transportation services within County and the urbanized area of the City of Grand Island. 5.1.Insurance. The Public Transportation Service Provider (“Provider”) shall be required to (i) obtain and maintain for the applicable contract term insurance on each Bus against all risks of loss or damage in an amount not less than the replacement cost of the Buses, without deductible and without co-insurance, (ii) obtain and maintain for the applicable contract term, comprehensive liability insurance covering personal injury of at least $5,000,000 per person and property damage of at least $5,000,000 per occurrence, and such insurance shall otherwise be in a form and with companies reasonably satisfactory to County and City. Provider shall designate County and City, as their interests may appear, as loss payee on property insurance, and shall designate County and City additional insureds on liability insurance. Provider shall pay all premiums for such insurance and cause delivery to County and City of certificates evidencing such insurance in effect through the contract term identifying the vehicle identification Grand Island Council Session - 4/12/2016 Page 192 / 227 Page 3 of 7 number of each Bus, as applicable, along with, if requested by County or City, evidence satisfactory to County and City, of the payment of the premiums for such insurance. All insurance shall provide for at least thirty (30) days advance written notice to County and City before any cancellation, expiration or material modification thereof. No act or default of Provider, its officers, agents and employees, will affect County’s or City’s right to recover under such policy or policies in case of loss. Provider shall deliver prompt written notice to County and City of (1) loss, theft, or destruction of any Bus, (2) any damage to any Bus exceeding one thousand dollars ($1,000), and (3) any claim arising out of the ownership, operation, maintenance, or use of any Bus. In the event of damage to or loss or destruction of a Bus (or any component thereof), Provider shall, at the option of County and City, (a) promptly place such Bus in good repair, condition and working order, or (b) replace the Bus with a bus in good repair, condition and working order, acceptable to County and City, and shall transfer clear title to such Bus to the entity, County or City, holding title to the bus damaged, lost, or destroyed, whereupon such bus shall be subject to the applicable contract term. Liability coverage shall include coverage for loading and unloading passengers. 5.2.Indemnification. The Public Transportation Service Provider shall be required to indemnify, defend, and hold harmless County and City, and their officers, agents and employees, from any claim, suit, or cause of action, including claims for court costs and attorney fees, arising out of or related to the operation of the public transportation system and the operation of the buses pursuant to the approved public transportation services agreement. 5.3.Maintenance. The Public Transportation Services Provider shall be required to maintain County’s bus fleet in a state of good repair. 5.4.Workers Compensation. The Public Transportation Services Provider shall maintain workers compensation coverage as required by law. 6.Grant Administration. County shall designate City as the grant administrator for purposes of preparing and submitting grant application requests and required periodic and special reports to County’s transportation grant funding agency. 7.Procurement of Transportation Service Provider. City, on behalf of itself and as purchasing agent for County, shall take all necessary action for the solicitation of proposals, selection, Grand Island Council Session - 4/12/2016 Page 193 / 227 Page 4 of 7 and contracting with a transportation services provider to provide the public transportation services within the boundaries of County and the urbanized area of the City of Grand Island. Provided, however, City shall submit the request for proposals to County Attorney for approval prior to publication. Copies of transportation services proposals received by City shall be provided to the County Attorney prior to selection thereof. A member of County’s County Board of Supervisors shall participate in the selection of the successful transportation service provider. 8.Public Transportation Services Provider; Scope of Work; Minimum Requirements. In addition to the requirements set forth herein, the Public Transportation Services provided hereunder and the Public Transportation Services Provider shall meet or exceed the requirements as set forth in “Attachment A,” attached hereto. 9.Records. City and County shall each maintain such periodic and special reports as required by the party’s respective governing body and by the party’s transportation grant funding agency. 10.Amendment. This Agreement may be modified only by written amendment, duly executed by authorized representatives of the Parties. No alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Every amendment shall specify the date on which its provisions shall be effective. 11.Assignment. No Party may assign its rights under this Agreement without the express prior written consent of the other Party. 12.Captions. Captions used in this Agreement are for convenience and not to be used in the construction of this Agreement. 13.Waiver. Failure or delay by any Party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver of a right or power to be effective, it must be in writing signed by the waiving Party. An effective waiver of a right or power shall not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. In addition, any act by either Party which it is not obligated to do hereunder shall not be deemed to impose any obligation upon that Party to do any similar act in the future or in any way change or alter any of the provisions of this Agreement. 14.Notice. In further consideration of the mutual covenants contained herein, the Parties hereto Grand Island Council Session - 4/12/2016 Page 194 / 227 Page 5 of 7 expressly agree that for the purposes of notice, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following designated officers shall be the authorized representatives of the Parties: For City: City of Grand Island, Attn: Mayor, PO Box 1968, Grand Island, NE 68802. For County: County Clerk, 117 South Pine Street, Grand Island, NE 68801 Notice shall be in writing and shall be effective upon receipt. Delivery may be by hand, in which case a signed and dated receipt shall be obtained, or by United States mail, registered or certified, return receipt requested or by electronic means with a signed return receipt. 15.Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and the remainder of this Agreement will remain in full force and effect. 16.Nondiscrimination. The Parties agree that in accordance with the Nebraska Fair Employment Act, NEB. REV. STAT. §48-1122 et seq., they will not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment because of the race, color, religion, sex, disability or national origin of the employee or applicant, nor will they knowingly permit the selected public transportation service provider to do so. None of the Parties shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances. 17.No Third Party Rights. This Agreement is not intended to, nor shall it provide third Parties, excluding any assignment as provided herein, with any remedy, claim, liability, reimbursement, cause of action or other right or privilege, except that this Agreement’s indemnification provision shall also inure to the benefit of a Party’s employees, officers, agents and servants. 18.Independent Contractors. It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing a partnership or joint venture between the Parties. Any and all acts that a Party or a Party’s personnel, employees, agents, contractors or servants perform pursuant to the terms of this Agreement shall be undertaken as independent contractors and not as employees of another Party. The Parties shall, except as provided herein, act in their individual capacities and not as agents, employees, partners, joint ventures or associates of the other. An employee or agent of one shall not be deemed or construed to Grand Island Council Session - 4/12/2016 Page 195 / 227 Page 6 of 7 be the employee or agent of the other for any purpose whatsoever. 19.Acquisition, Ownership And Disposal Of Personal Property. All personal property acquired and used in furtherance of the Program shall be owned by the entity which pays for said personal property or fixture. In the event the Program is terminated or is not superseded by another Interlocal Cooperation Agreement, the parties shall take possession of their respective personal property. 20.Separate Entity. The parties agree that no separate entity is created by this Agreement. 21.Choice Of Laws. This Agreement shall be construed in accordance with the laws of the State of Nebraska, including, but not limited to, the Interlocal Cooperation Act, NEB. REV. STAT. §13-801 et seq., as amended. 22.Entire Agreement. This Agreement shall constitute the entire agreement between the City and County relating to the public transportation services provided by and through this agreement. This agreement may be amended only in writing, duly approved, adopted and executed by the respective governing bodies of each Party. Neither Party is empowered to alter any of the terms hereof except as provided herein. 23.Execution. This Agreement of the Parties hereto is expressed by the approval in open meeting by the City Council and County Board, and the following execution by the respective authorized representatives. City of Grand Island, Nebraska County of Hall By: ________________________By: __________________________ Mayor Jeremy Jensen Scott Arnold, Chairman Hall County Board of Supervisors Dated: _____________________Dated: ________________________ [attest][attest] _________________________________________________________ RaNae Edwards, City Clerk Marla Conley, County Clerk Grand Island Council Session - 4/12/2016 Page 196 / 227 Page 7 of 7 Approved as to form: __________________________ Jack Zitterkopf Hall County Attorney Approved as to form: __________________________ Jerom E. Janulewicz Grand Island City Attorney Grand Island Council Session - 4/12/2016 Page 197 / 227 R E S O L U T I O N 2016-87 WHEREAS, due to restrictions on the use of Rural Transportation funds, beginning July 1, 2016, Hall County can no longer provide public transportation services for trips originating or terminating within the urbanized area of the City of Grand Island, and WHEREAS, Hall County and the City of Grand Island desire to cooperatively provide transportation services within Hall County and the urbanized area of the City of Grand Island through an Interlocal Agreement, and WHEREAS, the cooperative public transportation service will be funded by Hall County utilizing Rural Transportation funds it will receive from the State of Nebraska and by the City utilizing urban transportation funds it will receive from the Federal Transit Administration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Interlocal Agreement with Hall County for Public Transportation Services. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 198 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item G-14 #2016-88 - Approving Award for Professional Services for Geotechnical Evaluation of Downtown Parking Lots Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/12/2016 Page 199 / 227 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:April 12, 2016 Subject:Approving Award for Professional Services for Geotechnical Evaluation of Downtown Parking Lots Presenter(s):John Collins PE, Public Works Director Background On February 23, 2016 the Engineering Division of the Public Works Department advertised for Professional Consulting Services for Geotechnical Evaluation of Downtown Parking Lots. A geotechnical evaluation involves coring samples of base (ie. soil) material to determine its ability to support pavement. Poor base material is a common cause of early pavement failure. The solicitation was mailed to fourteen (14) firms. The scope of services for this project involves geotechnical design services required to produce resurfacing recommendations for ten (10) Parking District No. 1 parking lots within the downtown area, as well as four (4) City parking lots. The attached sketch notes the Parking District No. 1 boundary (outlined in red) and the lots within it. Discussion On March 10, 2016 submittals were opened from the four (4) responding firms. Such submittals were evaluated based on the factors in the solicitation with Olsson Associates being ranked as the best firm to complete the required work. The agreement is for time and materials in an amount not to exceed $38,900.00. The Purchasing Division of the City Attorney’s Office reviewed the submittal and concurs with awarding an agreement for such services. Grand Island Council Session - 4/12/2016 Page 200 / 227 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding the agreement for Professional Services for Geotechnical Evaluation of Downtown Parking Lots to Olsson Associates of Grand Island, Nebraska and authorize the Mayor to execute an agreement for the services. Sample Motion Move to approve awarding the agreement. Grand Island Council Session - 4/12/2016 Page 201 / 227 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICAITONS FOR GEOTECHNICAL EVALUATION OF DOWNTOWN PARKING LOTS RFP DUE DATE:March 10, 2016 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:February 23, 2016 NO. POTENTIAL BIDDERS:14 SUMMARY OF PROPOSALS RECEIVED Alfred Benesch & Company Olsson Associates Lincoln, NE Grand Island, NE Mid-State Engineering & Testing, Inc.Speece/Lewis Engineering Kearney, NE Lincoln, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, Project Manager P1871 Grand Island Council Session - 4/12/2016 Page 202 / 227 Grand Island Council Session - 4/12/2016 Page 203 / 227 Grand Island Council Session - 4/12/2016 Page 204 / 227 Grand Island Council Session - 4/12/2016 Page 205 / 227 Grand Island Council Session - 4/12/2016 Page 206 / 227 Grand Island Council Session - 4/12/2016 Page 207 / 227 Grand Island Council Session - 4/12/2016 Page 208 / 227 Grand Island Council Session - 4/12/2016 Page 209 / 227 Grand Island Council Session - 4/12/2016 Page 210 / 227 Grand Island Council Session - 4/12/2016 Page 211 / 227 Grand Island Council Session - 4/12/2016 Page 212 / 227 Grand Island Council Session - 4/12/2016 Page 213 / 227 Grand Island Council Session - 4/12/2016 Page 214 / 227 Grand Island Council Session - 4/12/2016 Page 215 / 227 Grand Island Council Session - 4/12/2016 Page 216 / 227 Grand Island Council Session - 4/12/2016 Page 217 / 227 Grand Island Council Session - 4/12/2016 Page 218 / 227 Grand Island Council Session - 4/12/2016 Page 219 / 227 Grand Island Council Session - 4/12/2016 Page 220 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-88 WHEREAS, the City Of Grand Island invited sealed submittals for Professional Services for Geotechnical Evaluation of Downtown Parking Lots, according to specifications on file in the office of the Public Works Department; and WHEREAS, on March 10, 2016 submittals were received, reviewed and evaluated in accordance with the established criteria in the RFQ; and WHEREAS, Olsson Associates of Grand Island, Nebraska submitted qualifications in accordance with the terms of the Request of Qualifications and all statutory requirements contained therein and the City Procurement Code with the services performed at a time and materials cost not to exceed $38,900.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the submittal from Olsson Associates of Grand Island, Nebraska for Professional Service for Geotechnical Evaluation of Downtown Parking Lots 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, April 12, 2016. ______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 221 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item H-1 Consideration of Request from Chloe Aguilar for a Conditional Use Permit for a Towing/Salvage Lot located at 4852 and 4820 East Capital Avenue This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Craig Lewis Grand Island Council Session - 4/12/2016 Page 222 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item I-1 #2016-89 - Consideration of Approving the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Advisory Review Committee on the Economic Development Program Plan This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Dave Taylor - EDC President Grand Island Council Session - 4/12/2016 Page 223 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-89 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §38-5 requires a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on April 12, 2016; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 224 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item I-2 #2016-90 - Approving the Request from La Mexicana, Inc. dba La Mexicana Market, 385 North Pine Street for a Class “D” Liquor License and Liquor Manager Designation for Veronica Alvarez, 609 S. Stuhr Road This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 4/12/2016 Page 225 / 227 Approved as to Form ¤ ___________ April 8, 2016 ¤ City Attorney R E S O L U T I O N 2016-90 WHEREAS, an application was filed by La Mexicana, Inc. doing business as La Mexicana Market, 385 North Pine Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 2, 2016; such publication cost being $16.77; and WHEREAS, a public hearing was held on April 12, 2016 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 Veronica Alvarez, 609 S. Stuhr Road as liquor manager of such business contingent upon completion of a state approved alcohol server/seller training program.. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/12/2016 Page 226 / 227 City of Grand Island Tuesday, April 12, 2016 Council Session Item J-1 Approving Payment of Claims for the Period of March 23, 2016 through April 12, 2016 The Claims for the period of March 23, 2016 through April 12, 2016 for a total amount of $4,900,707.77. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 4/12/2016 Page 227 / 227