04-26-2016 City Council Regular Meeting Packet
City of Grand Island
Tuesday, April 26, 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 - 4/26/2016 Page 1 / 237
City of Grand Island Tuesday, April 26, 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 - Pastor Scott Jones, Third City Christian Church, 4100 West 13th
Street
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
Grand Island Council Session - 4/26/2016 Page 2 / 237
City of Grand Island
Tuesday, April 26, 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 Resolutions item I-1.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 4/26/2016 Page 3 / 237
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:April 26, 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, Hall County,
Nebraska
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. Due to legal description concerns with affected properties this item was
pulled from the April 12, 2016 council meeting to allow sufficient time to ensure all
documents are correct and legal for filing with Hall County Register of Deeds.
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
Grand Island Council Session - 4/26/2016 Page 4 / 237
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
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.
Property Owner Address Previous Fees Paid
Jay L & Julie Hehnke 2505 E Seedling Mile Rd $292.67
Luis A Gonzalez 2522 E Seedling Mile Rd $231.00
Kristine L Colclasure 2502 E Seedling Mile Rd $315.00
Craig L Paro 2440 E Seedling Mile Rd $225.00
Total Previous Fees Paid $1,063.67
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
Grand Island Council Session - 4/26/2016 Page 5 / 237
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 Resolution)
Move to approve the Resolution levying the tap fees for Sanitary Sewer District No.
535T.
Grand Island Council Session - 4/26/2016 Page 6 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
This Space Reserved for Register of Deeds
RESOLUTION NO. 2016-BE-3
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution No.
2016-BE-3 shall not be levied as special assessments but shall be certified by this resolution to
the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A
connection fee in the amount of the benefit identified below accruing to each property in the
district shall be paid to the City of Grand Island at time such property becomes connected to the
sanitary sewer main. No property benefited as determined by this resolution shall be connected
to the sanitary sewer main until the connection fee is paid. The connection fees collected shall
be paid into the fund from which construction costs were made to replenish such fund for the
construction costs.
According to the front foot and area of the respective lots, tracts, and real estate
within such Sanitary Sewer District No. 535T, such benefits are the sums set opposite the
descriptions as follows:
Parcel
No.Owner Legal Description
Connection
Fee
400140624 Jay L & Julie Hehnke
The North Two Hundred Eleven (211) feet of the West One-
Third (W 1/3) of Lot One (1), Windolph’s Subdivision of a part
of the West Half of the Northeast Quarter (W ½ NE ¼) and
part of the East Half of the Northwest Quarter (E ½ NW ¼) of
Section Fourteen (14), in Township Eleven (11) North, Range
Nine (9) West, of the 6th P.M., Hall County, Nebraska and
that part of vacated Lueth Drive more particularly described
in Ordinance No. 9244 recorded as Document No.
200909314.
$7,563.81
400140616 Horacio D Vazquez
All of the West One Third (W 1/3) of Lot One (1), excepting
the North Two Hundred Eleven (211) Feet Thereof in
Windolph’s Subdivision of a part of the West Half of the
Northeast Quarter and a part of the East Half of the
Northwest Quarter (E ½ NW ¼) of Section Fourteen (14), in
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska
$7,856.48
Grand Island Council Session - 4/26/2016 Page 7 / 237
RESOLUTION NO. 2016-BE-3 (Cont.)
- 2 -
400140594 Horacio D Vazquez
The center 1/3 of Lot One (1), of Windolph’s Subdivision of
part of the West Half of the Northeast Quarter (W ½ NE ¼)
and a part of the East Half of the Northwest Quarter (E ½ NW
¼) of Section Fourteen (14), Township Eleven (11) North,
Range Nine (9), West of the 6th P.M., in Hall County,
Nebraska, more particularly described as follows:
Commencing at the Northeast corner of said Lot One (1);
running thence West of the North line of said Lot One (1), a
distance of Eighty Three and Seventy One Hundredths
(83.71) feet to the actual point of beginning; thence running
South parallel with the East line of said Lot One (1), a
distance of Nine Hundred Seven and Five Tenths (907.5)
feet; running thence West parallel with the North line of said
Lot One (1), a distance of Eighty Three and Seventy One
Hundredths (83.71) feet (said distance being the center 1/3 of
said Lot at this point); thence running North parallel with the
West line of said Lot One (1), a distance of Nine Hundred
Seven and Five Tenths (907.5) feet to the North line of said
Lot One (1), a distance of Nine Hundred Seven and Five
Tenths (907.5) feet to the North line of said Lot One (1),
Eighty Three and Seventy One Hundredths (83.71) feet East
of the Northwest corner of said Lot One (1); running East on
the North line of said Lot One (1), a distance of Eighty Three
and Seventy One Hundredths (83.71) feet to the point of
beginning.
$7,856.48
400140608 Sebastian Alvarez Perez
Olivia Margarita Tzun Vicente
The East One Third (E 1/3) of Lot One (1) of Windolph’s
Subdivision of part of the West Half of the Northeast Quarter
(W ½ NE ¼) of Section Fourteen(14), Township Eleven (11)
North, Range Nine (9), West of the 6th P.M., Hall County,
Nebraska.
$7,856.48
400140632 James Richard Schleicher
That part of Lot Two (2) of Windolph’s Subdivision of a part of
the West Half of the Northeast Quarter (W ½ NE ¼) and part
of the East Half of the Northwest Quarter (E ½ NW ¼) of
Section Fourteen (14), Township Eleven (11) North, Range
Nine (9), West of the 6th P.M., Hall County, Nebraska,
beginning at the Northwest corner of Lot Two (2) of
Windolph’s Subdivision; thence Easterly along the North line
of said Lot Two (2), a distance of One Hundred Twenty Five
and Six Tenths (125.6) feet to a point; thence Southerly along
a line parallel to the West line of said Lot Two (2), a distance
of Two Hundred (200.0) feet to a point; thence Westerly
along a line parallel to the North line of said Lot Two (2) a
distance of One Hundred Twenty Five and Six Tenths (125.6)
feet to a point on the West line of said Lot Two (2); thence
Northerly along the West line of said Lot Two (2) a distance
of Two Hundred (200.0) feet to the point of beginning.
$7,856.48
400104997 Luis A Gonzalez
Ana R Ortiz
A tract of land comprising a Part of Lot One (1), Voss
Subdivision, City of Grand Island, Hall County, Nebraska and
more particularly described as follows:
Beginning at a point on the South line of said Lot One (1),
said point being Three Hundred Five and One Tenth (305.1)
feet West of the Southeast corner of said Lot One (1), thence
running Northerly parallel to the east line of said Lot One (1),
a distance of Two Hundred Ten (210.0) feet; thence running
$7,625.48
Grand Island Council Session - 4/26/2016 Page 8 / 237
RESOLUTION NO. 2016-BE-3 (Cont.)
- 3 -
Westerly parallel to the South line of said Lot One (1) a
distance of Sixty Six (66.0) feet; thence running Southerly
parallel to the East line of said Lot One (1) a distance of Two
Hundred Ten (210.0) feet to a point on the South line of said
Lot One (1); thence running easterly along the South line of
said Lot One (1) a distance of Sixty Six (66.0) feet to the
point of beginning.
400105020 Michael A Kraft
A tract of land comprising a part of Lot One (1), Voss
Subdivision to the City of Grand Island, Hall County,
Nebraska, more particularly described as follows:
Beginning at a point on the South line of said Lot One (1),
said point being Four Hundred Three and One Tenth (403.1)
feet West of the Southeast corner of said Lot One (1); thence
Northerly parallel to the East line of said Lot One (1), a
distance of One Hundred Eighty Three and Nine Tenths
(183.9) feet; thence Westerly parallel to the South line of said
Lot One (1) a distance of Sixty Six (66.0) feet; thence
Southerly parallel to the East line of said Lot One (1), a
distance of One Hundred Eighty Three and Nine Tenths
(183.9) feet to the South line of said Lot One (1); thence
Easterly along the South line of said Lot One (1) a distance of
Sixty Six (66.0) feet to the point of beginning.
$7,856.48
400105012 Harold G Zimmerman, Jr.
Corina Zimmerman
A tract of land comprising a part of Lot One (1), Voss
Subdivision of the South Half (S ½) of Section Eleven (11),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., in the City of Grand Island, Hall County, Nebraska,
more particularly described as follows:
Beginning at the Southwest corner of said Lot One (1), Voss
Subdivision, said point also being the Southwest corner of
the Southeast Quarter of the Southwest Quarter (SE ¼ SW
¼); thence running Easterly along the South line of the
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼), a
distance of Four Hundred Seventeen and Sixty Four
Hundredths (417.64) feet, to the actual point of beginning;
thence deflecting left 90o29’49” and running Northerly a
distance of One Hundred Eighty Three and Seventy Four
Hundredths (183.74) feet; thence deflecting right 90o24’58”
and running Easterly a distance of One Hundred Thirty Two
and Seven Tenths (132.7) feet; thence deflecting right
89o35’02” and running Southerly a distance of One Hundred
Eighty Three and Eighty Six Hundredths (183.86) feet to a
point in the South line of said Southeast Quarter of the
Southwest Quarter (SE ¼ SW ¼); thence deflecting right
90o29’49” and running Westerly along the South line of said
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) ,
a distance of One Hundred Thirty Two and Sixty Eight
Hundredths (132.68) feet, to the actual point of beginning.
$7,856.48
400105004 Kristine L Colclasure
A part of Lot One (1), of Voss Subdivision of part of the South
Half (S ½) of Section Eleven (11), Township Eleven (11)
North, Range Nine (9), West of the 6th P.M., Hall County,
Nebraska, more particularly described as follows:
Beginning at the Southwest corner of the Southeast Quarter
of the Southwest Quarter (SE ¼ SW ¼) of said Section
Eleven (11), running thence Easterly along and upon the
$7,541.48
Grand Island Council Session - 4/26/2016 Page 9 / 237
RESOLUTION NO. 2016-BE-3 (Cont.)
- 4 -
South line of said Southeast Quarter of the Southwest
Quarter (SE ¼ SW ¼) of said Section Eleven (11), a distance
of Two Hundred Seventy-Seven and Five Tenths (277.5)
feet; thence Northerly and parallel to the Westerly line of said
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) of
said Section Eleven (11), a distance of Thirty-Three (33.0)
feet; thence continuing Northerly a distance of One Hundred
Fifty and Nine Tenths (150.9) feet; thence Easterly and
parallel to the Southerly line of said Southeast Quarter of the
Southwest Quarter (SE ¼ SW ¼) of Section Eleven (11), a
distance of Fifty (50.0) feet to the point of beginning; thence
continuing Easterly a distance of Ninety (90.0) feet; thence
Southerly parallel to the Westerly line of said Southeast
Quarter of the Southwest Quarter (SE ¼ SW ¼) of said
Section Eleven (11), a distance of One Hundred Fifty and
Nine Tenths (150.9) feet; thence Westerly parallel and Thirty
Three (33.0) feet Northerly form the Southerly line of the
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) of
said Section Eleven (11), a distance of Ninety (90.0) feet;
thence Northerly and parallel to the Westerly line of said
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) of
said Section Eleven (11), a distance of One Hundred Fifty
and Nine Tenths (150.9) feet to the point of beginning.
400146045 Michelle M Morganflash
Donald D Osborn
A tract of land comprising part of the East Half of the
Northwest Quarter (E ½ NW ¼) of Section Fourteen (14),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., in the City of Grand Island, Hall County, Nebraska,
more particularly described as follows:
Beginning at the northwest corner of said East Half of the
Northwest Quarter (E ½ NW ¼); thence running Easterly
along the North line of said East Half of the Northwest
Quarter (E ½ NW ¼) on an Assumed Bearing of S
89o28’02”E, a distance of Three Hundred Twenty Seven and
Fifty Nine Hundredths (327.59) feet, to the Northwest corner
of Windolph’s Subdivision; thence running S 00o08’46”W,
along the west line of Windolph’s Subdivision, a distance of
One Thousand Three Hundred Seventeen and Ninety Seven
Hundredths (1317.97) feet to a point on the South line of the
Northeast Quarter of the Northwest Quarter (NE ¼ NW ¼);
thence running N 89o30’49”W along the South line of said
Northeast Quarter of the Northwest Quarter (NE ¼ NW ¼), a
distance of Three Hundred Thirty and Twenty Seven
Hundredths (330.27) feet, to the Southwest corner of said
Northeast Quarter of the Northwest Quarter (NE ¼ NW ¼);
thence running N 00o15’45”E, along the west line of the East
Half of the Northwest Quarter (E ½ NW ¼), a distance of One
Thousand Three Hundred Eighteen and Twenty Five
Hundredths (1318.25) feet to the Point of Beginning; AND
Half (½) of vacated Lueth Drive abutting said property to the
East as shown in Ordinance No. 9244 recorded November
25, 2009 as Instrument No. 200909314.
AND
A tract of land comprising part of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Fourteen (14),
$7,856.48
Grand Island Council Session - 4/26/2016 Page 10 / 237
RESOLUTION NO. 2016-BE-3 (Cont.)
- 5 -
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., in the City of Grand Island, Hall County, Nebraska,
more particularly described as follows:
Beginning at the Northeast corner of said West Half of the
Northwest Quarter (W ½ NW ¼); thence running Southerly
along the East line of said West Half of the Northwest
Quarter (W ½ NW ¼) on an Assumed Bearing of S
00o15’45”W, a distance of One Thousand Three Hundred
Eighteen and Twenty Eight Hundredths (1318.28) feet to the
Southeast corner of the Northwest Quarter of the Northwest
Quarter (NW ¼ NW ¼); thence running N 89o30’49”W, along
the South line of said Northwest Quarter of the Northwest
Quarter (NW ¼ NW ¼), a distance of Ten and Fifty Five
Hundredths (10.55) feet; thence running N 03o14’46”W a
distance of Thirty Three and Forty Two Hundredths (33.42)
feet; thence running N 03o02’46”E a distance of Sixty Four
and Sixteen Hundredths (64.16) feet; thence running N
00o28’33”E a distance of Ninety Seven and Eight Hundredths
(97.08) feet; thence running N 00o43’52”W a distance of
Sixteen and Twenty Eight Hundredths (16.28) feet; thence
running N 00o30’10”W a distance of Seven Hundred Nine and
Eighty Three Hundredths (709.83) feet; thence running N
00o13’27”E a distance of Three Hundred Ninety Seven and
Seventy Three Hundredths (397.73) feet to a point on the
north line of the West Half of the Northwest Quarter (W ½
NW ¼); thence running S 89o28’02”E, along the north line of
the West Half of the Northwest Quarter (W ½ NW ¼) a
distance of Nineteen and Fifteen Hundredths (19.15) feet to
the actual point of beginning.
400140640 John Robert Schleicher
All of Lot Two (2) of Windolph’s Subdivision of a part of the
West Half of the Northeast Quarter (W ½ NE ¼) and part of
the East Half of the Northwest Quarter (E ½ NW ¼) of
Section Fourteen (14), Township Eleven (11) North, Range
Nine (9), West of the 6th P.M., except for the following
described parcel of land:
Beginning at the Northwest corner of Lot Two (2) of
Windolph’s Subdivision, thence Easterly along the North line
of said Lot Two (2), a distance of One Hundred Twenty Five
and Six Tenths (125.6) feet to a point; thence Southerly along
a line parallel to the West line of said Lot Two (2) a distance
of Two Hundred (200.0) feet to a point; thence Westerly
along a line parallel to the North line of said Lot Two (2) a
distance of One Hundred Twenty Five and Six Tenths (125.6)
feet to a point on the West line of said Lot Two (2); thence
Northerly along the West line of said Lot Two (2) a distance
of Two Hundred (200.0) feet to the point of beginning.
AND
All of Lot Three (3) of Windolphs’ Subdivision of a part of the
West Half of the Northeast Quarter (W ½ NE ¼) and a part of
the East Half of the Northwest Quarter (E ½ NW ¼) of
Section Fourteen (14), Township Eleven (11) North, Range
Nine (9), West of the 6th P.M., Hall County, Nebraska.
$7,856.48
Grand Island Council Session - 4/26/2016 Page 11 / 237
RESOLUTION NO. 2016-BE-3 (Cont.)
- 6 -
400104970 Craig L & Karla A Paro
A part of Lot One (1), Voss Subdivision of part of the South
Half (S ½) of Section Eleven (11), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M., Hall County,
Nebraska, more particularly described as follows:
Beginning at the Southwest corner of the Southeast Quarter
of the Southwest Quarter (SE ¼ SW ¼) of said Section
Eleven (11); running thence Easterly along and upon the
South line of said Southeast Quarter of the Southwest
Quarter (SE ¼ SW ¼) of said Section Eleven (11), a distance
of Two Hundred Seventy Seven and Five Tenths (277.5) feet;
thence Northerly and parallel to the Westerly line of said
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼)
of said Section Eleven (11), a distance of Thirty Three (33.0)
feet to the actual Point of Beginning; thence continuing
Northerly on said line a distance of One Hundred Fifty and
Nine Tenths (150.9) feet; thence Easterly and parallel to the
Southerly line of said Southeast Quarter of the Southwest
Quarter (SE ¼ SW ¼) of Section Eleven (11), a distance of
Fifty (50.0) feet; thence Southerly parallel to the Westerly line
of said Southeast Quarter of the Southwest Quarter (SE ¼
SW ¼) of said Section Eleven (11), a distance of One
Hundred Fifty and Nine Tenths (150.9) feet; thence Westerly
parallel and Thirty Three (33.0) feet Northerly from the
Southerly line of the Southeast Quarter of the Southwest
Quarter (SE ¼ SW ¼) of said Section Eleven (11), a distance
of Fifty (50.0) feet to the actual point of beginning.
$7,631.48
400104962 Jack & Joan McKee
Part of Lot One (1) of Voss Subdivision of part of the South
Half (S ½) of Section Eleven (11), Township Eleven (11)
North, Range Nine (9), West of the 6th P.M., Hall County,
Nebraska, and more particularly described as follows:
Beginning at the Southwest corner of the Southeast Quarter
of the Southwest Quarter (SE ¼ SW ¼) of said Section
Eleven (11); thence running North along and upon the West
line of said Southeast Quarter of the Southwest Quarter (SE
¼ SW ¼) a distance of Six Hundred Fifty Eight and Five
Tenths (658.5) feet to a point on the South right-of- way line
of U.S. Highway No. 30; thence deflecting right and running
Northeasterly along and upon said South right-of-way line of
U.S. Highway No. 30 a distance of Two and Eighty
Hundredths (2.80) feet; thence deflecting right and running
easterly a distance of Thirty and Ninety Hundredths (30.90)
feet; thence deflecting right and running Southerly a distance
of Fifty Six and Seven Tenths (56.7) feet; thence deflecting
108o47’ left and running Northeasterly a distance of One
Hundred Seventy Six and Six Tenths (176.6) feet; thence
deflecting right and running Easterly a distance of Five
Hundred Nineteen and Sixty Five Hundredths (519.65) feet to
the Northwest corner of Bernhard Voss First Subdivision;
thence deflecting 89o36’ right and running Southerly along
and upon the west line of said Bernhard Voss First
Subdivision a distance of Three Hundred Sixty Three and
Four Tenths (363.4) feet to the Northwest corner of Lot
Eleven (11), Bernhard Voss First Subdivision; thence
deflecting right 90o13’30” and running Westerly a distance of
$7,856.48
Grand Island Council Session - 4/26/2016 Page 12 / 237
RESOLUTION NO. 2016-BE-3 (Cont.)
- 7 -
Sixty Seven (67.0) feet, thence deflecting left 90o13’30” and
running Southerly a distance of Two Hundred Ninety Six and
Seventy Five Hundredths (296.75) feet to a point on the
South line of said Section Eleven (11); thence deflecting right
and running West along and upon said South line of Section
Eleven (11) a distance of Thirty Two (32.0) feet; thence
deflecting right 89o34’30” and running Northerly a distance of
One Hundred Eighty Three and Nine Tenths (183.9) feet;
thence deflecting left 89o36’30” and running Westerly a
distance of Three Hundred Thirty Eight and Six Tenths
(338.6) feet; thence deflecting left 90o25’40” and running
Southerly a distance of One Hundred Eighty Three and Fifty
Five Hundredths (183.55) feet to a point on the South line of
said Section Eleven (11), thence deflecting right 90o25’30”
and running West along and upon the South line of said
Section Eleven (11) a distance of Two Hundred Seventy
Seven and Five Tenths (277.5) feet to the point of beginning.
TOTAL TAP FEES $101,070.57
---
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
________________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 13 / 237
Grand IslandCouncil Session - 4/26/2016Page 14 / 237
City of Grand Island
Tuesday, April 26, 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 Resolutions item I-2.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 4/26/2016 Page 15 / 237
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:April 26, 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, Hall County, Nebraska
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. Due to legal description concerns with affected properties this item was
pulled from the April 12, 2016 council meeting to allow sufficient time to ensure all
documents are correct and legal for filing with Hall County Register of Deeds.
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
Grand Island Council Session - 4/26/2016 Page 16 / 237
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
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.
Property Owner Address Previous Fees Paid
Sergio Urbina 805 E Capital Ave $1,112.76
Total Previous Fees Paid $1,112.76
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
Grand Island Council Session - 4/26/2016 Page 17 / 237
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.
537T.
(Sample Motion for the Resolution)
Move to approve the Resolution levying the tap fees for Sanitary Sewer District No.
537T.
Grand Island Council Session - 4/26/2016 Page 18 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
This Space Reserved for Register of Deeds
RESOLUTION NO. 2016-BE-4
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution No.
2016-BE-4 shall not be levied as special assessments but shall be certified by this resolution to
the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A
connection fee in the amount of the benefit identified below accruing to each property in the
district shall be paid to the City of Grand Island at time such property becomes connected to the
sanitary sewer main. No property benefited as determined by this resolution shall be connected
to the sanitary sewer main until the connection fee is paid. The connection fees collected shall
be paid into the fund from which construction costs were made to replenish such fund for the
construction costs.
According to the front foot and area of the respective lots, tracts, and real estate
within such Sanitary Sewer District No. 537T, such benefits are the sums set opposite the
descriptions as follows:
Parcel
No.Owner Legal Description
Connection
Fee
400205955 Jose Haro
Martha Haro
The North One Hundred Eighty Two (182.0) feet of a certain
part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of Section Ten (10), which point is one Thousand One
Hundred Eighty Eight (1188.0) feet West of the Northeast
corner of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10);
running thence South parallel to the East line of the said
North Ten (10) acres Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the said
North Ten (10) acres One Hundred Thirty Four and Seven
Tenths (134.7) feet to a point on the West line of the said
North Ten (10) acres; running thence North upon and along
the West line of the said North Ten (10) acres Three Hundred
$7,463.58
Grand Island Council Session - 4/26/2016 Page 19 / 237
RESOLUTION NO. 2016-BE-4 (Cont.)
- 2 -
Thirty One (331.0) feet to the Northwest corner of the said
North Ten (10) acres; running thence East upon and along
the North line of the said North Ten (10) acres One Hundred
Thirty Three and Nine Tenths (133.9) feet to the actual point
of beginning; EXCEPT the South Fifty (50.0) feet of said
North One Hundred Eighty Two (182.0) feet thereof; and
subject to one-half (½) of the County Road to the North and
West of said premises.
400205963
Juan Rico
Anna M Villa De Rico
The South Fifty (50) feet of the North One Hundred Eighty
Two (182.0) feet of that part of the North Ten (10) acres of
the West Half of the Northwest Quarter (W ½ NW ¼) of
Section Ten (10), Township Eleven (11) North, Range Nine
(9), West of the 6th P.M., Hall County, Nebraska, more
particularly described as follows:
Beginning at a point on the North line of said Section Ten
(10), a distance of One Thousand One Hundred Eighty Eight
(1188.0) feet West of the Northeast corner of the West Half of
the Northwest Quarter (W ½ NW ¼) of said Section; running
thence South parallel to the East line of said West Half of the
Northwest Quarter (W ½ NW ¼) of said Section for a
distance of Three Hundred Thirty One (331.0) feet; running
then West parallel to the North line of said Section Ten (10),
a distance of One Hundred Thirty Four and Seven Tenths
(134.7) feet, more or less, to a point on the West line of
Section Ten (10); running thence North upon and along said
West Section line for a distance of Three Hundred Thirty One
(331.0) feet to the Northwest corner of said Section Ten (10);
running thence East upon and along the North line of said
Section Ten (10) for a distance of One Hundred Thirty Three
and Nine Tenths (133.9) feet, more or less, to the Actual
Point of Beginning.
$7,463.58
400206080 Rhonda Coon
Ricky Coon
A certain tract of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10), in
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the West line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Hundred Eighty
Two (182.0) feet South of the Northwest corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), the point of beginning;
running thence South on the West line of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10) for
a distance of One Hundred Forty Nine (149.0) feet; running
thence East for a distance of One Hundred Thirty Four and
Seven Tenths (134.7) feet; running thence North parallel with
the West line of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of said Section Ten (10)
for a distance of One Hundred Forty Nine (149.0) feet; thence
running West and parallel to the North line of said Ten (10)
acre tract to the point of beginning. Subject, however, to One
Half (1/2) of the County Road to the West of said premises.
$7,463.58
Grand Island Council Session - 4/26/2016 Page 20 / 237
RESOLUTION NO. 2016-BE-4 (Cont.)
- 3 -
400214059 Gary Ummel
Estel Ummel
Lot Two (2), TLST Spiehs Subdivision, City of Grand Island,
Hall County, Nebraska.$7,463.58
400205939 Timothy S Grudzinski
Cassandar L Grudzinski
The West Half of the following described tract: Part of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of Section Ten (10), Township Eleven
(11) North, Range Nine (9), West of the 6th P.M., Hall County,
Nebraska and more particularly described as follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Thousand Fifty
Six (1056.0) feet West of the Northeast corner of said North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of said North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of said tract
One Hundred Thirty Two (132.0) feet; running thence North
parallel to the East line of said tract, Three Hundred Thirty
One (331.0) feet, to a point on the North line of said Ten (10)
acres tract; running thence East along and upon the North
line of said Ten (10) acre tract, One Hundred Thirty Two
(132.0) feet to the actual point of beginning, subject however
to the Half (½) of the County Road to the North of said
premises, Hall County, Nebraska.
$7,463.58
400205920 Reinier Fernandez Solorzano
The East Half (E ½) of the following described tract:
Part of the North Ten (10) Acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Thousand Fifty
Six (1056.0) feet West of the Northeast corner of said North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of said North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of said tract,
One Hundred Thirty Two (132.0) feet; running thence North
parallel to the East line of said tract, Three Hundred Thirty
One (331.0) feet to a point on the north line of said Ten (10)
acre tract; running thence East along and upon the North line
of said Ten (10) acre tract, One Hundred Thirty Two (132.0)
feet to the actual point of beginning.
$7,463.58
400206056 Wesley T Tjaden
Part of the West Half of the Northwest Quarter (W ½ NW ¼)
of Section Ten (10), Township Eleven (11) North, Range
Nine (9), West of the 6th P.M., more particularly described as
follows:
Beginning at a point on the North line of said Section Ten
(10), which point is Nine Hundred Twenty Four (924.0) feet
West of the Northeast corner of the Northwest Quarter of the
$7,463.58
Grand Island Council Session - 4/26/2016 Page 21 / 237
RESOLUTION NO. 2016-BE-4 (Cont.)
- 4 -
Northwest Quarter (NW ¼ NW ¼) of said Section Ten (10);
running thence South and parallel to the East line of said
Section Ten (10) a distance of Three Hundred Thirty One
(331.0) feet; running thence West and parallel to the North
line of said Section Ten (10) a distance of One Hundred
Thirty Two (132.0) feet; running thence North and parallel to
the East line of said Section a distance of Three Hundred
Thirty One (331.0) feet to the North line of said Section Ten
(10); running thence East and along and upon the North line
of said Section Ten (10) a distance of One Hundred Thirty
Two (132.0) feet to the point of beginning.
400205947
Anna Lee Young
Life Estate B Haycock &
B Hardenbroc
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Seven Hundred
Ninety Two (792.0) feet West of the Northeast corner of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence South parallel to the East line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), Three Hundred Thirty One (331.0)
feet; running thence West parallel to the North line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), One Hundred
Thirty Two (132.0) feet; running thence North parallel to the
East line of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10),
Three Hundred Thirty One (331.0) feet to a point on the North
line of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10);
running thence East upon and along the North line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), One Hundred
Thirty Two (132.0) feet to the actual point of beginning,
subject, however to One Half (1/2) of the County Road to the
North of said premises.
$7,463.58
400206013 JK Investments, LLC
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Six Hundred Sixty
(660.0) feet West of the Northeast corner of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
$7,463.58
Grand Island Council Session - 4/26/2016 Page 22 / 237
RESOLUTION NO. 2016-BE-4 (Cont.)
- 5 -
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty One (331.0) feet, to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning.
400206005 Sergio Urbina
Idalia Urbina
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼), of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Five Hundred Twenty
Eight (528.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty (330.0) feet; running
thence West parallel to the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), One Hundred Thirty Two (132.0)
feet; running thence North parallel to the East line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty (330.0) feet, to a point on the North line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning; subject to One
Half (½) of the County Road to the North of said premises.
$6,350.82
400205912 Cruz C Ramos, Sr.
Minerva M Ramos
Part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10) which point is Three Hundred Ninety
Six (396.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
$7,463.58
Grand Island Council Session - 4/26/2016 Page 23 / 237
RESOLUTION NO. 2016-BE-4 (Cont.)
- 6 -
Section Ten (10) Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10) One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10) Three
Hundred Thirty One (331.0) feet to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East along and upon the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10) One Hundred Thirty Two
(132.0) feet, to the actual point of beginning; subject to One
Half (½) of the County Road to the North of said premises,
400205904 Ronald Peter Pfenning
Part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point of the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Two Hundred Sixty
Four (264.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty One (331.0) feet, to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning, subject to One
Half (½) of the County Road to the North of said premises.
$7,463.58
400206048 Timothy S Spiehs
Lisa M Spiehs
Lot One (1), TLST Spiehs Subdivision, City of Grand Island,
Hall County, Nebraska. $7,463.58
TOTAL TAP FEES $95,913.78
---
Grand Island Council Session - 4/26/2016 Page 24 / 237
RESOLUTION NO. 2016-BE-4 (Cont.)
- 7 -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 25 / 237
Grand IslandCouncil Session - 4/26/2016Page 26 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item E-1
Public Hearing on Request from Fuji Steakhouse, Inc. dba Fuji
Japanese Steakhouse, 1004 N Diers Avenue, Suite 200 for a Class
“I” Liquor License
Council action will take place under Consent Agenda item G-5.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 27 / 237
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 26, 2016
Subject:Public Hearing on Request from Fuji Steakhouse, Inc.
dba Fuji Japanese Steakhouse, 1004 N Diers Avenue,
Suite 200 for a Class “I” 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
Fuji Steakhouse, Inc. dba Fuji Japanese Steakhouse, 1004 N Diers Avenue, Suite 200 has
submitted an application for a Class “I” Liquor License. A Class “I” Liquor License
allows for the sale of alcohol on 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. (See attached Police Report).
Grand Island Council Session - 4/26/2016 Page 28 / 237
Also submitted with the application was a request from Xin K. Lin, 1205 Cedar Ridge
Court, Apt. B16 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 Fuji Steakhouse, Inc. dba Fuji Japanese Steakhouse,
1004 N Diers Avenue, Suite 200 for a Class “I” Liquor License contingent upon final
inspections and Liquor Manager Designation for Zin K. Lin, 1205 Cedar Ridge Court,
Apt. B16 contingent upon completion of a state approved alcohol server/seller training
program.
Grand Island Council Session - 4/26/2016 Page 29 / 237
04/19/16 Grand Island Police Department 450
10:49 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : **:**:** **/**/****
Occurred before : **:**:** **/**/****
When reported : 13:53:00 03/29/2016
Date disposition declared : 04/19/2016
Incident number : L16033179
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 1004 Diers Ave N
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 :
Misc. number : RaNae
Geobase address ID : 19381
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status :
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
NM 209222 04/14/16 Lin, Xin K Owner/Manager
NM 165488 03/30/16 Fuji Steak House, Business
Involved
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 LT21 Restaurant
LAW INCIDENT NARRATIVE:
Liquor License Investigation
Fuji Japanese Steakhouse is changing ownership and applying for a new
Class I (beer, wine, distilled spirits, on sale only) Retail Corporate
liquor license. Xin K Lin is applying to be the liquor manager.
Grand Island Council Session - 4/26/2016 Page 30 / 237
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 15:16:52 04/14/2016
Grand Island Police Department
Supplemental Report
Date, Time: Thu Apr 14 15:17:04 CDT 2016
Reporting Officer: Vitera
Unit- CID
Fuji Japanese Steakhouse is applying for a new Class I
(beer,wine,distilled spirits on sale only) Corporate Retail Liquor
License due to a change of ownership. Fuji has had a liquor license since
it opened. Xin Lin is applying to be the liquor manager. No one else is
listed on the application. Xin is the President and CEO and owns 100% of
the shares of the corporation.
According to the application, Xin applied for a Temporary Operating
Permit (TOP), he isn't borrowing any money, and no one else will share in
the profits of the business. Xin is the only person listed on the
business bank account. Xin has or had a liquor license at a Fuji Japanese
Steakhouse in Middletown, NY. Xin lived in New York from 2006 to 2014. He
lived in China from 2014 until 2015 when he moved to Grand Island.
I checked the NLCC's web site and found that Xin was issued a TOP on
3/28/16. I also checked Xin through Spillman and NCJIS. He didn't have an
entry in Spillman, and he just has a driver's license entry in NCJIS.
Xin's driver's license is valid, and he doesn't have any outstanding
warrants for his arrest. I searched the Internet and found a site for the
New York State Liquor Authority. I searched for a liquor license for the
Fuji Japanese Steakhouse in Middletown, NY since Xin disclosed on the
application that he had one there. I wanted to check the history of the
license, but I was unable to find the license. I did a general Internet
search on Xin but couldn't pinpoint anything on him. I also checked a
paid law enforcement-only database which tends to provide personal
identifying information and information on civil issues. I found Xin, but
there was relatively little information about him. Immigration and
Customs Enforcement (ICE) verified that Xin is a Naturalized United
States Citizen.
Nebraska State Patrol (NSP) Investigator Joe Hansen and I met with Xin at
the Fuji Japanese Steakhouse on 4/18/16 at 1430 hours. I went over the
application with Xin. We clarified that he purchased the business for
Grand Island Council Session - 4/26/2016 Page 31 / 237
$127,000 and did not take out a loan to do it. Xin said his monthly lease
payment is $7,588. Xin said the prior owner is not a relative of his. The
prior owner sold the business and moved to Idaho. He no longer wanted to
own the Fuji in Grand Island because he didn't like how the business is
really busy during certain times of the year and not so busy at other
times. He wanted something more steady. Xin said he doesn't own any other
restaurants. He managed a Fuji in Middletown, NY and had a liquor license
there, but he confirmed that the Middletown Fuji doesn't currently have a
liquor license. I didn't understand the reason for not renewing the
liquor license when Xin left, but Xin said there were no problems with
the license.
I also asked Xin why he was living in China between 2014 and 2015. Xin
said that he is a Citizen of the United States, but he went back to China
for awhile to take care of a sick family member. On Xin's manager
application, he listed an e-mail address of davidlin…@gmail.com. Xin said
"David" is his American name. The last thing I asked Xin about is the
business plan he submitted with his application. Under the Mission, one
line says, "We offer fair profits for the owners and investors..." Xin
said the business plan is a generic plan for all Fuji restaurants that
should be tweaked for each individual restaurant. Xin assured us that he
is the only owner/investor who is receiving profits from the business.
All in all, I was unable to find any criminal history on Xin due to him
living in China and the East Coast (I am unable to run out-of-state
criminal history checks on liquor license applicants). We will have to
rely on the criminal history obtained by the State through Xin's
fingerprint submission. Since Fuji Japanese Steakhouse has had a liquor
license in Grand Island at the same location since January of 2012, and
the Grand Island Police Department (GIPD) has no documented problems
there, the GIPD has no objection to a new license under Xin Lin's name or
to Xin becoming the liquor manager.
Grand Island Council Session - 4/26/2016 Page 32 / 237
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Grand Island Council Session - 4/26/2016 Page 33 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item E-2
Public Hearing on Request from Azteca Market, LLC dba The
Brick House, 115-117 West 3rd Street for a Class “I” Liquor
License
Council action will take place under Resolutions item I-3.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 34 / 237
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 26, 2016
Subject:Public Hearing on Request from Azteca Market, LLC
dba The Brick House, 115-117 West 3rd Street for a Class
“I” 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
Azteca Market, LLC dba The Brick House, 115-117 West 3rd Street has submitted an
application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale
of alcohol on 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. (See attached Police Report).
Grand Island Council Session - 4/26/2016 Page 35 / 237
Also submitted with the application was a request from Maria Garcia, 644 East Meves for
a Liquor Manager Designation. Ms. Garcia has completed a state approved alcohol
server/seller training program.
The Grand Island Police Department will remain neutral in their recommendation
concerning The Brick House. If the Council votes to deny the license, it can be done
under Nebraska State Statute 53-125 (2) & (13b); 53-132 (2a), (2b), & (2c); and 010.01
under the Nebraska Liquor Control Commissions Rules and Regulations (see attached).
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 take into consideration the
Police Department Report when making their decision on this application.
Sample Motion
Move to either approve or deny the application for Azteca Market, LLC dba The Brick
House, 115-117 West 3rd Street for a Class “I” Liquor License contingent upon final
inspections and Liquor Manager Designation for Maria Garcia, 644 East Meves.
Grand Island Council Session - 4/26/2016 Page 36 / 237
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Grand Island Council Session - 4/26/2016 Page 48 / 237
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Liquor ApplicationThe Brick House115-117 W 3rd St.Class "I" License
Legend StreetCenterlineLiquor License Locations115 W 3rd St
Grand Island Council Session - 4/26/2016 Page 49 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item E-3
Public Hearing on Request from Azteca Market, LLC dba Azteca
Banquet Hall, 103 West 3rd Street for a Class “I” Liquor License
Council action will take place under Resolutions item I-4.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 50 / 237
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 26, 2016
Subject:Public Hearing on Request from Azteca Market, LLC
dba Azteca Banquet Hall, 103 West 3rd Street for a Class
“I” 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
Azteca Market, LLC dba Azteca Banquet Hall, 103 West 3rd Street has submitted an
application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale
of alcohol on 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. (See Police Report attached to The Brick
House application).
Grand Island Council Session - 4/26/2016 Page 51 / 237
Also submitted with the application was a request from Maria Garcia, 644 East Meves for
a Liquor Manager Designation. Ms. Garcia has completed a state approved alcohol
server/seller training program.
The Grand Island Police Department will remain neutral in their recommendation
concerning Azteca Banquet Hall. If the Council votes to deny the license, it can be done
under Nebraska State Statute 53-125 (2) & (13b); 53-132 (2a), (2b), & (2c); and 010.01
under the Nebraska Liquor Control Commissions Rules and Regulations.
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 take into consideration the
Police Department Report when making their decision on this application.
Sample Motion
Move to either approve or deny the application for Azteca Market, LLC dba Azteca
Banquet Hall, 103 West 3rd Street for a Class “I” Liquor License contingent upon final
inspections and Liquor Manager Designation for Maria Garcia, 644 East Meves.
Grand Island Council Session - 4/26/2016 Page 52 / 237
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Liquor ApplicationAzteca Banquet Hall103 W 3rd St.Class "I" License
Legend StreetCenterlineLiquor License Locations103 W 3rd St.1500'Radiius
Grand Island Council Session - 4/26/2016 Page 53 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item F-1
#9583 - Consideration of Amending Chapter 24 of the Grand
Island City Code Relative to Adding a Tree Board
Staff Contact: Todd McCoy, Parks & Recreation Director
Grand Island Council Session - 4/26/2016 Page 54 / 237
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:April 26, 2016
Subject:Approval of a City Tree Board
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
Many Nebraska communities have tree boards. A tree board is a group of people
responsible, usually by ordinance, for overseeing management of the community trees,
also known as the urban forest. It may be made up of municipal staff, local citizens
and/or tree care professionals.
Tree boards assess the community urban forest situation using some type of inventory to
determine short and long range program goals and objectives. They will develop and
review annually a comprehensive community forestry plan. The board will advise the
Mayor, City Council, and various departments on matters concerning trees and related
resources. Recommendations may include policy changes and specific urban forestry
projects. They educate residents on matters concerning the betterment of trees and related
resources. The tree board may coordinate or conduct special projects for the betterment of
the urban forest.
Discussion
The attached City Ordinance states that the Tree Board shall consist of seven (7)
members. They shall be appointed by the Mayor with the approval of City Council. Tree
Board members will be volunteers. The Tree Board will select their own officers and
establish their own rules for proceedings.
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 - 4/26/2016 Page 55 / 237
4.Take no action on the issue
Recommendation
City Administration recommends that City Council approve City Code to establish a Tree
Board.
Sample Motion
Move to approve City Code to establish a Tree Board.
Grand Island Council Session - 4/26/2016 Page 56 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
ORDINANCE NO. 9583
An ordinance to amend Chapter 24 of the Grand Island City Code; to add Article
V, Sections 24-18 through Section 23-22, pertaining to the creation of a Tree Board, its
composition, its duties, responsibilities, and operation thereof; 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. Chapter 24 of the Grand Island City Code is hereby amended to
include Section 24-18 through Section 24-22 to read as follows:
Article V.
TREE BOARD
§24-18. Tree Board Established; Membership.
There is hereby created and established a Tree Board for the City, which shall consist of
seven (7) members, citizens and residents of the City, who shall be appointed by the Mayor with
the approval of the City Council.
§24-19. Term of Office of Members of Tree Board
The terms of the seven (7) persons appointed to the City’s Tree Board shall be three (3)
years, except that the term of two (2) of the members appointed to the first Board shall be for
only one (1) year and the terms of two (2) members of the first Board shall be for two (2) years.
If a vacancy shall occur during the term of any member, his or her successor shall be appointed
for the unexpired portion of the term.
§24-20. Compensation of Members of Tree Board.
Members of the Tree Board shall serve without compensation.
§24-21. Duties of Tree Board; City Tree Plan.
It shall be the responsibility of the Tree Board to study, investigate, counsel, and develop
and administer a written plan for the care, preservation, pruning, planting, replanting, removal
and disposition of trees and shrubs in parks, along streets or in other public areas. The plan will
be presented annually to the City Council and, upon the Council’s acceptance and approval, shall
constitute the official comprehensive city tree plan. The Board, when requested by the City
Council, shall consider, investigate, make findings, report and recommend upon any special
matter or question coming within the scope of its work.
Grand Island Council Session - 4/26/2016 Page 57 / 237
ORDINANCE NO. 9583 (Cont.)
- 2 -
§24-22. Organization and Meetings of Tree Board.
The Tree Board shall choose its own officers, make its own rules and regulations and
keep a journal of its proceedings. A majority of the members shall be a quorum for the
transaction of business.
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 26, 2016.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 58 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item F-2
#9584 – Consideration of Amending the Salary Ordinance Relative
to Community Service Officers
Staff Contact: Aaron Schmid, Human Resources Director
Grand Island Council Session - 4/26/2016 Page 59 / 237
Council Agenda Memo
From:Aaron Schmid, Human Resources Director
Meeting:April 26, 2016
Subject:Salary Ordinance
Presenter(s):Aaron Schmid, Human Resources Director
Background
The salary ordinance for employees of the City of Grand Island comes before Council
when changes are necessary. The following explains the changes to the salary ordinance.
Discussion
The proposed changes to the salary ordinance would reflect the changes to the Second
Addendum of the Labor Contract between the City Of Grand Island and the International
Brotherhood of Electrical Workers (IBEW) Local 1597 (Service/Clerical). Specifically,
changes to the Community Service Officer (CSO) wages and uniform allowance.
Additionally, the ordinance proposes a prorated uniform allowance for the CSO-Part
Time classification.
The proposed changes include the following:
1.Move the position of Community Service Officer-Full Time from the non-union
employee group to the IBEW-Service/Clerical labor agreement.
2.Specify Community Service Officer-Part Time in the non-union group.
3.Establish language in which employees covered by the IBEW Service/Clerical
labor agreement in the Community Service Officer Full Time position shall be
paid a uniform allowance at the rate of $10.00 per pay period. Employees in the
nonunion Community Service Officer Part Time position shall be paid a prorated
uniform allowance based on hours worked, not to exceed $10.00 per pay period.
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 - 4/26/2016 Page 60 / 237
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve Salary Ordinance # 9584.
Sample Motion
Move to approve Salary Ordinance #9584.
Grand Island Council Session - 4/26/2016 Page 61 / 237
Approved as to Form ¤ ___________
¤ City Attorney
ORDINANCE NO. 9584
An ordinance to amend Ordinance 9570 known as the Salary Ordinance which
lists the currently occupied classifications of officers and employees of the City of Grand Island,
Nebraska and established the ranges of compensation of such officers and employees; to move
the position of Community Service Officer-Full Time from the non-union employee group to the
IBEW-Service/Clerical labor agreement;amend the salary ranges for the non-union position of
Library Page, Seasonal Worker and Temporary Worker to comply with the 2016 Nebraska
minimum wage; to rename the IBEW Service Clerical position of Building Secretary to
Administrative Assistant; to rename the IBEW Service Clerical position of Planning Secretary to
Administrative Assistant; and to repeal those portions of Ordinance No. 9570 and any parts of
other ordinances in conflict herewith; to provide for severability; to provide for the effective date
thereof; and to provide for publication of this ordinance in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The currently occupied classifications of officers and general
employees of the City of Grand Island, and the ranges of compensation (salary and wages,
excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such
classifications, and the number of hours and work period which certain officers and general
employees shall work prior to overtime eligibility are as follows:
Classification
Hourly Pay Range
Min/Max
Overtime
Eligibility
Accountant 23.5633/33.7228 Exempt
Accounting Technician – Solid Waste 19.5260/23.5936 40 hrs/week
Assistant to the City Administrator 22.9200/32.2648 Exempt
Assistant Finance Director 32.9968/47.6559 Exempt
Assistant Public Works Director / Manager of
Engineering Services
34.0370/51.6755 Exempt
Grand Island Council Session - 4/26/2016 Page 62 / 237
ORDINANCE NO. 9584(Cont.)
- 2 -
Classification
Hourly Pay Range Min/Max Overtime Eligibility
Assistant Utilities Director – Distribution 48.7903/69.3328 Exempt
Assistant Utilities Director – Production 52.8344/75.1064 Exempt
Assistant Utilities Director – Transmission 52.8344/75.1064 Exempt
Attorney 29.3208/45.2405 Exempt
Biosolids Technician 18.5804/27.3972 40 hrs/week
Building Department Director 34.3474/50.2154 Exempt
CADD Operator 21.0997/30.3529 40 hrs/week
Cemetery Superintendent 21.3846/33.6384 Exempt
City Administrator 69.4139/81.0483 Exempt
City Attorney 41.5086/59.8505 Exempt
City Clerk 28.7959/41.4076 Exempt
Civil Engineer I 28.4483/41.1268 Exempt
Civil Engineer II 32.9968/47.6559 Exempt
Civil Engineering Manager – Utility PCC 35.9394/53.7496 Exempt
Collection System Supervisor 23.5416/33.4641 40 hrs/week
Community Service Officer – Part time 15.0188/21.2122 40 hrs/week
Custodian – Library, Police 13.7301/19.7513 40 hrs/week
Customer Service Representative – Part time 9.0721/13.6081 40 hrs/week
Customer Service Team Leader 19.8856/27.1643 Exempt
Electric Distribution Superintendent 36.9413/50.3850 Exempt
Electric Distribution Supervisor 31.1960/42.5738 40 hrs/week
Electric Underground Superintendent 32.8985/44.8796 Exempt
Electrical Engineer I 28.4483/41.1268 Exempt
Electrical Engineer II 32.9968/47.6559 Exempt
Emergency Management Deputy Director 24.4553/36.9584 Exempt
Emergency Management Director 34.8053/52.5845 Exempt
Engineer I – Public Works 30.9998/43.6156 Exempt
Engineer I – WWTP 30.9998/43.6156 Exempt
Engineering Technician - WWTP 20.5756/29.0698 40 hrs/week
Equipment Operator - Solid Waste 17.6593/26.2408 40 hrs/week
Finance Director 40.3733/63.5433 Exempt
Finance Operations Supervisor 21.4328/30.3065 Exempt
Fire Chief 38.9843/61.0493 Exempt
Fire EMS Division Chief 34.5645/48.9259 Exempt
Fire Operations Division Chief 34.5645/48.9259 Exempt
Grand Island Council Session - 4/26/2016 Page 63 / 237
ORDINANCE NO. 9584(Cont.)
- 3 -
Classification
Hourly Pay Range Min/Max Overtime Eligibility
Fire Prevention Division Chief 34.4808/46.9413 Exempt
Fleet Services Shop Foreman 23.2034/34.9990 40 hrs/week
GIS Coordinator - PW 25.8244/39.2199 40 hrs/week
Golf Course Superintendent 24.8718/35.8958 Exempt
Grounds Management Crew Chief – Cemetery 19.0220/30.1640 40 hrs/week
Grounds Management Crew Chief – Parks 20.0248/30.3237 40 hrs/week
Human Resources Director 35.1215/52.0396 Exempt
Human Resources Benefits/Risk Mgmt Coordinator 20.8994/33.9014 40 hrs/week
Human Resources Recruiter 20.8994/33.9014 40 hrs/week
Human Resources Specialist 20.8994/33.9014 40 hrs/week
Information Technology Manager 34.8074/55.1841 Exempt
Legal Secretary 20.6847/27.9549 40 hrs/week
Librarian I 18.7455/26.3274 Exempt
Librarian II 20.7590/29.5255 Exempt
Library Assistant I 12.6595/18.2957 40 hrs/week
Library Assistant II 15.6447/22.1478 40 hrs/week
Library Assistant Director 31.5904/49.4024 Exempt
Library Director 39.7504/58.9620 Exempt
Library Page 9.0000/12.4159 40 hrs/week
Library Secretary 15.7519/22.3860 40 hrs/week
Maintenance Worker – Golf 15.6208/24.9970 40 hrs/week
Meter Reader Supervisor 19.2174/28.0738 Exempt
MPO Program Manager 24.7948/36.8559 Exempt
Office Manager – Police Department 17.9564/26.4955 40 hrs/week
Parks and Recreation Director 38.4511/60.0943 Exempt
Parks Superintendent 27.2713/41.6346 Exempt
Payroll Specialist 18.7997/28.1091 40 hrs/week
Planning Director 37.6723/57.6708 Exempt
Police Captain 34.9429/49.7333 Exempt
Police Chief 42.1654/61.0493 Exempt
Power Plant Maintenance Supervisor 31.5808/44.6375 Exempt
Power Plant Operations Supervisor 35.6296/50.2981 Exempt
Power Plant Superintendent – Burdick 38.2626/54.3581 Exempt
Power Plant Superintendent – PGS 44.1110/62.6376 Exempt
Public Information Officer 26.1389/39.4498 Exempt
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ORDINANCE NO. 9584(Cont.)
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Classification
Hourly Pay Range Min/Max Overtime Eligibility
Public Works Director 40.8216/63.4845 Exempt
Public Works Engineer 32.3635/46.7971 Exempt
Receptionist 15.7641/24.1323 40 hrs/week
Recreation Coordinator 20.5951/30.9711 Exempt
Recreation Superintendent 31.4938/47.9823 Exempt
Regulatory and Environmental Manager 31.0686/45.7759 Exempt
Senior Electrical Engineer 36.1078/52.1496 Exempt
Senior Public Safety Dispatcher 18.8259/24.8656 40 hrs/week
Senior Utility Secretary 16.0493/22.9174 40 hrs/week
Shooting Range Superintendent 25.2951/39.5535 Exempt
Solid Waste Division Clerk - Full Time 18.6018/22.8997 40 hrs/week
Solid Waste Division Clerk - Part Time 16.5628/20.7941 40 hrs/week
Solid Waste Foreman 21.2589/30.4054 40 hrs/week
Solid Waste Superintendent 30.2660/46.2916 Exempt
Street Superintendent 27.9816/42.5650 Exempt
Street Foreman 22.6046/34.1031 40 hrs/week
Turf Management Specialist 22.3531/31.6433 40 hrs/week
Utilities Director 72.3810/96.4843 Exempt
Utility Production Engineer 36.9261/54.4330 Exempt
Utility Warehouse Supervisor 25.1009/35.8566 40 hrs/week
Victim Assistance Unit Coordinator 14.8356/22.1980 40 hrs/week
Victim/Witness Advocate 13.5989/20.3476 40 hrs/week
Wastewater Plant Chief Operator 23.0656/31.4978 40 hrs/week
Wastewater Plant Engineer 33.6168/48.9736 Exempt
Wastewater Plant Operations Engineer 32.3635/46.2278 Exempt
Wastewater Plant Maintenance Supervisor 24.9808/33.6386 40 hrs/week
Wastewater Plant Regulatory Compliance Manager 26.5131/37.8945 Exempt
Water Superintendent 30.5735/45.3774 Exempt
Water Supervisor 24.1795/35.0998 40 hrs/week
Worker / Seasonal 9.0000/20.0000 Exempt
Worker / Temporary 9.0000/20.0000 40 hrs/week
A shift differential of $0.25 per hour shall be added to the base hourly wage for persons
in the employee classification Senior Public Safety Dispatcher who work any hours or portion
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ORDINANCE NO. 9584(Cont.)
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thereof that begins between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion
thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does
not include persons who work the day shift. Shift differential will only be paid for actual hours
worked. Paid leave will not qualify for the shift differential pay.
SECTION 2. The currently occupied classifications of employees of the City of
Grand Island included under the AFSCME labor agreement, and the ranges of compensation
(salary and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the AFSCME labor agreement shall work prior to overtime eligibility are as follows:
Classification
Hourly Pay Range
Min/Max
Overtime
Eligibility
Equipment Operator – Streets 17.6592/26.1596 40 hrs/week
Fleet Services Mechanic 19.8687/29.4370 40 hrs/week
Horticulturist 19.6840/29.2153 40 hrs/week
Maintenance Worker – Cemetery 16.9683/25.1576 40 hrs/week
Maintenance Worker – Parks 16.7768/24.8881 40 hrs/week
Maintenance Worker – Streets 16.6527/24.6864 40 hrs/week
Senior Equipment Operator – Streets 19.0833/28.3039 40 hrs/week
Senior Maintenance Worker – Streets 18.9955/28.1736 40 hrs/week
Traffic Signal Technician 18.9078/28.0436 40 hrs/week
SECTION 3. The currently occupied classifications of employees of the City of
Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IBEW labor agreements shall work prior to overtime eligibility are as follows:
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ORDINANCE NO. 9584(Cont.)
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Classification
Hourly Pay Range
Min/Max
Overtime
Eligibility
Accounting Clerk 16.5539/21.9059 40 hrs/week
Cashier 15.4142/21.0044 40 hrs/week
Custodian 16.8533/19.9014 40 hrs/week
Electric Distribution Crew Chief 32.2470/41.0121 40 hrs/week
Electric Underground Crew Chief 32.2470/41.0121 40 hrs/week
Engineering Technician I 19.7395/28.2435 40 hrs/week
Engineering Technician II 24.4019/33.4582 40 hrs/week
Instrument Technician 29.9500/39.5665 40 hrs/week
Lineworker Apprentice 21.7042/31.8251 40 hrs/week
Lineworker First Class 31.6997/37.4917 40 hrs/week
Materials Handler 23.4211/31.3954 40 hrs/week
Meter Reader 18.1497/23.6678 40 hrs/week
Meter Technician 24.4611/30.2316 40 hrs/week
Payroll Clerk 16.5539/21.9059 40 hrs/week
Power Dispatcher I 28.4126/39.5046 40 hrs/week
Power Dispatcher II 29.8421/41.4857 40 hrs/week
Power Plant Maintenance Mechanic 28.9972/36.1069 40 hrs/week
Power Plant Operator 31.7732/37.0102 40 hrs/week
Senior Accounting Clerk 18.5174/24.2563 40 hrs/week
Senior Engineering Technician 31.7854/38.8983 40 hrs/week
Senior Materials Handler 28.3828/37.0215 40 hrs/week
Senior Meter Reader 21.4958/25.5129 40 hrs/week
Senior Power Dispatcher 35.5564/48.7934 40 hrs/week
Senior Power Plant Operator 34.8313/44.6525 40 hrs/week
Senior Substation Technician 38.6369/40.0443 40 hrs/week
Senior Water Maintenance Worker 23.7409/31.2614 40 hrs/week
Substation Technician 35.7676/37.1874 40 hrs/week
Systems Technician 31.5213/40.0443 40 hrs/week
Tree Trim Crew Chief 29.0629/36.0920 40 hrs/week
Utility Electrician 27.8916/36.6549 40 hrs/week
Utility Technician 26.9776/37.9478 40 hrs/week
Utility Warehouse Clerk 21.0186/25.9320 40 hrs/week
Water Maintenance Worker 19.4013/26.8300 40 hrs/week
Wireworker I 22.8595/32.3233 40 hrs/week
Wireworker II 31.6997/37.4917 40 hrs/week
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ORDINANCE NO. 9584(Cont.)
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SECTION 4. The currently occupied classifications of employees of the City of
Grand Island included under the FOP labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the FOP labor agreement shall work prior to overtime eligibility are as follows:
Classification Hourly Pay Range Min/Max Police Officer 20.3647/31.1988
Police Sergeant 25.4884/38.2746
OVERTIME ELIGIBILITY
The City has reserved its right to the utilization of the 207(k) FLSA exemption and will
implement this as the hours of work effective the first full pay period following the execution of
the labor agreement. The pay period for purposes of calculating overtime shall consist of a
fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes
of calculating eligibility for overtime, “hours worked” shall include actual hours worked,
vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they
exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of
eighty (80) hours. There shall also be established for each employee in the bargaining unit a
Training and Special Events bank of thirty (30) hours per individual per contract year. Each
employee may be scheduled for training or special event duty with a minimum of seven (7) days
notice prior to the commencement of the pay period and the training and special events bank
hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours
and these hours shall not be eligible for overtime. Training and special events hours worked in
excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will
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ORDINANCE NO. 9584(Cont.)
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not be subtracted from the Training and Special Events bank. All work completed after eighty
(80) hours in a pay period that is performed for work that is funded by grants from parties
outside or other than the City of Grand Island, shall be paid overtime for the time worked after
eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are
not deducted from the Training and Special Events bank.
SECTION 5. The currently occupied classifications of employees of the City of
Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IAFF labor agreement shall work prior to overtime eligibility are as follows:
Classification
Hourly Pay Range
Min/Max
Overtime
Eligibility
Fire Captain 19.3620/26.8470 212 hrs/28 days
Firefighter / EMT 14.5913/21.1752 212 hrs/28 days
Firefighter / Paramedic 16.4433/23.2233 212 hrs/28 days
Life Safety Inspector 22.1598/31.4421 40 hrs/week
Shift Commander 23.4973/30.7513 212 hrs/28 days
IAFF employees, with the exception of the Life Safety Inspector, will be eligible
for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless
recall or mandatory overtime is required as specified in the IAFF labor agreement. When an
employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) for
an entire 24 hour shift, the employee will receive an additional fifty cents ($.50) per hour.
SECTION 6. The currently occupied classifications of the employees of the City
of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of
compensation salary and wages, excluding shift differential as provided by contract, to be paid
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ORDINANCE NO. 9584(Cont.)
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for such classifications, and the number of hours and work period which certain such employees
included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as
follows:
Classification Hourly Pay Range Min/Max Overtime Eligibility
Accounting Technician – WWTP 16.6792/23.4693 40 hrs/week
Equipment Operator – WWTP 17.6458/24.8295 40 hrs/week
Maintenance Mechanic I 18.0428/25.3881 40 hrs/week
Maintenance Mechanic II 20.5493/28.9150 40 hrs/week
Maintenance Worker – WWTP 18.3529/25.8245 40 hrs/week
Wastewater Clerk 14.2480/20.0481 40 hrs/week
Wastewater Plant Laboratory Technician 19.3409/27.2145 40 hrs/week
Wastewater Plant Operator I 16.8551/23.7171 40 hrs/week
Wastewater Plant Operator II 18.8456/26.5178 40 hrs/week
Employees covered under the IBEW Wastewater Treatment Plant labor agreement who are
regularly scheduled to work swing shift will receive an additional 15 cents ($0.15) per hour;
employees who are regularly scheduled to work graveyard shift will receive an additional 25
cents ($0.25) per hour for wages attributable to those shifts. One lead Maintenance Worker
covered under the IBEW Wastewater Treatment Plant labor agreement may receive forty dollars
($40) per pay period stipend.
SECTION 7. The currently occupied classifications of the employees of the City
of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of
compensation salary and wages to be paid for such classifications, and the number of hours and
work period which certain such employees included under the IBEW-Service/Clerical labor
agreement shall work prior to overtime eligibility are as follows:
Classification Hourly Pay Range Min/Max Overtime Eligibility
Accounting Technician – Streets 17.6953/23.6213 40 hrs/week
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ORDINANCE NO. 9584(Cont.)
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Accounts Payable Clerk 16.5436/23.9354 40 hrs/week
Administrative Assistant 17.9647/25.7664 40 hrs/week
Administrative Assistant - Parks 17.4699/24.8277 40 hrs/week
Audio Video Technician 17.9640/25.3425 40 hrs/week
Building Inspector 21.1769/30.0475 40 hrs/week
Community Development Administrator 19.5714/28.1399 40 hrs/week
Community Development Specialist 17.9647/25.7664 40 hrs/week
Computer Operator 21.6171/28.4170 40 hrs/week
Community Service Officer 15.6690/21.3610 40 hrs/week
Computer Programmer 23.2129/34.0191 40 hrs/week
Computer Technician 22.2655/29.2700 40 hrs/week
Crime Analyst 19.7328/28.0138 40 hrs/week
Electrical Inspector 21.1769/30.0475 40 hrs/week
Emergency Management Coordinator 17.4699/24.8277 40 hrs/week
Engineering Technician – Public Works 20.8417/29.3937 40 hrs/week
Evidence Technician 15.9999/23.4138 40 hrs/week
Finance Secretary 16.2724/23.1258 40 hrs/week
GIS Coordinator 25.2853/35.4803 40 hrs/week
Maintenance Worker I – Building, Library 16.1251/21.8229 40 hrs/week
Maintenance Worker II – Building, Police 16.9931/23.0359 40 hrs/week
Planning Technician 22.3861/31.4963 40/hrs/week
Plans Examiner 21.6952/30.7830 40 hrs/week
Plumbing Inspector 21.1769/30.0475 40 hrs/week
Police Records Clerk – Full Time 14.5968/20.3181 40 hrs/week
Public Safety Dispatcher 16.0865/23.4979 40 hrs/week
Shooting Range Operator 22.2151/30.1130 40 hrs/week
Stormwater Program Manager 21.0996/29.7575 40 hrs/week
Utility Secretary 16.2724/23.1258 40 hrs/week
A shift differential of $0.15 per hour shall be added to the base hourly wage for persons in the
employee classification Public Safety Dispatcher who work any hours or a portion thereof
between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from
11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does not include
persons who work the day shift. Shift differential will only be paid for actual hours worked.
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ORDINANCE NO. 9584(Cont.)
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Paid leave will not qualify for the shift differential pay. A shift differential of $0.25 per hour
shall be added to the base hourly wage for persons who work rotating shifts covered by the
IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power
Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator.
SECTION 8. The classification of employees included under labor agreements with the
City of Grand Island, and the ranges of compensation (salary and wages, excluding shift
differential as provided by contract) to be paid for such classifications, and the number of hours
and work period which certain such employees shall work prior to overtime eligibility are as
stated above. All employees covered by the IAFF labor agreement, except Life Safety Inspector,
will be credited five hundred twenty-five dollars ($525) annual credit to be used for the purchase
of the uniform item purchases as needed. New hires will receive four hundred dollars ($400)
credit for the purchase of initial uniforms. After probation they shall receive an additional five
hundred dollars ($500) for the purchase of a Class A uniform or other items as necessary. All
employees of the FOP labor agreement shall be paid a clothing and uniform allowance in
addition to regular salary of $25.00 per pay period. If any such employee covered by the FOP
labor agreements shall resign, or his or her employment be terminated for any reason
whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be
made for a fraction of a month. New employees covered by the IBEW – Utilities labor
agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one-
time reimbursement up to $1,200 to purchase or rent required uniforms. All other employees
required to wear full FR clothing will be eligible for reimbursement up to $600 annually. The
non-union position of Meter Reader Supervisor who are required to wear full fire retardant
clothing will be eligible for an annual stipend of $600 to purchase or rent required uniforms.
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ORDINANCE NO. 9584(Cont.)
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Those employees who are required to wear partial fire retardant clothing will be eligible for an
annual stipend of $350. Employees will be reimbursed for said purchases with a receipt showing
proof of purchase. Employees covered by the IBEW Service/Clerical labor agreement in the
Community Service Officer Full Time position shall be paid a uniform allowance at the rate of
$10.00 per pay period. Employees in the nonunion Community Service Officer Part Time
position shall be paid a prorated uniform allowance based on hours worked, not to exceed $10.00
per pay period.
Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08
per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing
allowance of $650.00 per year, divided into 26 pay periods.
Non-union employees and employees covered by the FOP labor agreement, the
IAFF labor agreement, the IBEW Utilities, Finance, Service/Clerical and Wastewater Treatment
Plant labor agreements may receive an annual stipend not to exceed $1,500 for bilingual pay.
Employees covered by the AFSCME labor agreement shall be granted a meal
allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their
normal working hours during an emergency situation, and if such overtime would normally
interfere with and disrupt the employee’s normal meal schedule. Employees covered by the
IBEW - Utilities labor agreement shall be allowed a meal allowance for actual cost, or up to
$7.00 per meal, if they are required to work two (2) hours overtime consecutively with their
normal working hours and if such overtime would normally interfere with and disrupt the
employee’s normal meal schedule. Direct supervisors of employees who are covered by labor
agreements which allow overtime meal allowance shall be entitled to the same meal allowance
benefit.
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ORDINANCE NO. 9584(Cont.)
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Non-exempt direct supervisors of employees who are covered by labor
agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit.
Utilities Department personnel in the IBEW bargaining unit and the
classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor,
Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent,
Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a
voluntary uniform program providing an allowance up to $18.00 per month. When protective
clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered
by the IBEW labor agreements and employees covered by the AFSCME labor agreement, except
the Fleet Services Division of the Public Works Department, the City shall pay 60% of the actual
cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet
Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department
personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic
shall receive a tool allowance of $15 biweekly. The City will reimburse 60% of the actual cost of
providing up to 2 pairs of steel toe or safety toe boots that meets the ANSI standard per contract
year for employees covered by the IBEW Wastewater Treatment Plant labor agreement.
SECTION 9. Employees shall be compensated for unused medical leave as
follows:
(A) All employees covered in the IBEW Utilities labor agreements shall be
paid for forty-seven percent (47%) of their accumulated medical leave at the time
of their retirement, early retirement, or death, not to exceed four hundred eighty-
eight and one third hours (calculated at 47% x 1,039 hours = 488.33 hours), the
rate of compensation to be based on the employee’s salary at the time of
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ORDINANCE NO. 9584(Cont.)
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retirement or death. Employees covered in the IAFF labor agreement, with the
exception of Life Safety Inspector, shall have a contribution to a VEBA made on
their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated
medical leave at the time of their retirement, not to exceed five hundred ninety-
eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours =
598.88 hours). The Life Safety Inspector shall have a contribution to a VEBA
made on their behalf in lieu of payment for fifty percent (50%) of their
accumulated medical leave at the time of their retirement, not to exceed five
hundred forty-two hours (calculated at 50% x 1,084 = 542). The amount of
contribution will be based upon the employee’s salary at the time of retirement.
Employees covered by the IBEW Service/Clerical, IBEW Finance, and IBEW
Wastewater Treatment Plant labor agreements shall have a contribution to a
VEBA made on their behalf in lieu of payment for twenty-five percent (25%) of
their accumulated medical leave at the time of retirement or death, based on the
employee’s salary at the time of retirement not to exceed 334.75 hours (calculated
at 25% x 1,339 hours = 334.75 hours.) Non-union employees shall have a
contribution to a VEBA made on their behalf in lieu of payment for fifty percent
(50%) of their accumulated medical leave at the time of their retirement, not to
exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The
amount of contribution will be based upon the employee’s salary at the time of
retirement. Employees hired before October 1, 2014 covered by the AFSCME
labor agreement shall be paid thirty-five (35%) of their accumulated medical
leave bank at the time of their retirement, based on the employee’s salary at the
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ORDINANCE NO. 9584(Cont.)
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time of retirement not to exceed four hundred sixty-eight and sixty-five
hundredths hours (calculated at 35% x 1339 hours = 468.65 hours). Employees
hired on or after October 1, 2014, covered by the AFSCME labor agreement will
not receive compensation at retirement for unused medical leave. All employees
covered under the FOP labor agreement shall be paid thirty-seven and one-half
percent (37.5%) of their accumulated medical leave bank at the time of their
retirement, not to exceed four hundred eighty hours (calculated at 37.5% x 1,280
hours = 480 hrs.), based on the employee’s salary at the time of retirement. If
death occurs while in the line of duty, employees covered under the FOP labor
agreement shall be paid fifty percent (50%) of their accumulated medical leave
bank at the time of their death, not to exceed six hundred forty hours (50% x
1,280 hours = 640 hrs.), based on the employee’s salary at the time of their death.
(B) The City Administrator and department heads shall have a contribution
made to their VEBA for one-half of their accumulated medical leave, not to
exceed 30 days of pay, upon their resignation, the rate of compensation to be
based upon the salary at the time of termination. Compensation for unused
medical leave at retirement shall be as provided for non-union employees.
(C) The death of an employee shall be treated the same as retirement, and
payment shall be made to the employee’s beneficiary or estate for one-half of all
unused medical leave for non-union employees and as defined in labor
agreements for all other employees.
SECTION 10. Non-union employees shall have a contribution made on their
behalf to their VEBA account in the amount of $30.00 per pay period. Employees represented by
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ORDINANCE NO. 9584(Cont.)
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the IBEW Service/Clerical, IBEW Wastewater Treatment Plant, and IBEW Finance labor
agreements shall have a contribution made on their behalf to the VEBA account of $15 per pay
period. Employees represented by the IBEW Utilities labor agreement shall have a contribution
made on their behalf to their VEBA account in the amount of $20.00 per pay period. Employees
represented by the IAFF labor agreement shall have a contribution made on their behalf to the
VEBA account of $10 per pay period.
SECTION 11. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 12.The adjustments identified herein shall be effective on the date of
passage and publication in pamphlet form in one issue of the Grand Island Independent as
provided by law. effective January 1, 2016. Wages for Community Service Officers covered
under the IBEW Service/Clerical labor agreement shall be retroactive to the February 24, 2015.
SECTION 13. Those portions of Ordinance No. 9570 and all other parts of
ordinances in conflict herewith be, and the same are, hereby repealed.
Enacted: April 26, 2016
____________________________________ Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 77 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-1
Approving Minutes of April 12, 2016 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 78 / 237
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 12, 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 April 12, 2016. Notice of the meeting was given in The Grand Island Independent on
April 6, 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, Chuck Haase, Julie Hehnke, Linna Dee
Donaldson, Vaughn Minton, Roger Steele, and Mike Paulick. The following City Council
members were absent: Jeremy Jones and Michelle Fitzke. The following City Officials were
present: City Administrator Marlan Ferguson, Assistant to the City Administrator Nicki
Stoltenberg, Finance Director Renae Griffiths, City Attorney Jerry Janulewicz, and Public Works
Director John Collins.
Mayor Jensen introduced Community Youth Council members Melissa Cuellar and Reid Bednar.
INVOCATION was given by Reverend Trudy Kenyon-Anderson, First Faith United Methodist
Church, 4190 West Capital Avenue followed by the PLEDGE OF ALLEGIANCE.
Mayor Jensen acknowledged that City Clerk RaNae Edwards was absent and appointed Nick
Stoltenberg as City Clerk Pro Tem for purposes of making a record of the proceedings of the
City Council meeting.
Mayor Jensen reported that the following items were removed from the aforementioned
published agenda at the request of the City Attorney:
#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
#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
Public Hearing on Request from La Mexicana, Inc. dba La Mexicana Market, 385 North Pine
Street for a Class “D” Liquor License
#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 view: PDF
2.4 MB
#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
Grand Island Council Session - 4/26/2016 Page 79 / 237
Page 2, City Council Regular Meeting, April 12, 2016
#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
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Child Abuse Prevention Month” April 2016. Mayor Jensen proclaimed the month
of April 2016 as “Child Abuse Prevention Month”. Yolanda Nuncio was present to receive the
proclamation.
Proclamation “Sexual Assault Awareness Month” April 2016. Mayor Jensen proclaimed the
month of April 2016 as “Sexual Assault Awareness Month”. Lex Ann Roach was present to
receive the proclamation.
PUBLIC HEARINGS:
Public Hearing on Public Hearing on Request from Burtibang, LLC dba Royal Indian Cuisine,
3337 West State Street for a Class “C” Liquor License. Assistant to the City Administrator Nicki
Stoltenberg reported that an application for a Class “C” Liquor License had been received from
Burtiban, LLC dba Royal Indian Cuisine, 3337 West State Street. Ms. Stoltenberg presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on March 7, 2016; notice to the general public of date, time, and place of
hearing published on April 2, 2016; notice to the applicant of date, time, and place of hearing
mailed on March 7, 2016; along with Chapter 4 of the City Code. Staff recommended approval
contingent upon final inspections and completion of a state approved alcohol server/seller
training program. No public testimony was heard.
Public Hearing on Public Hearing on Request from Chloe Aguilar for a Conditional Use Permit
for a Towing/Salvage Lot located at 4852 and 4820 East Capital Avenue. Building Department
Director Craig Lewis reported that Chloe Aguilar was requesting 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. 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. Staff recommended approval.
Jason Luebbe, 1032 N. Gunbarrel Road, Monte Stelk, 1375 N. Gunbarrel Road and Dan Lau,
2550 N. Gunbarrel Road spoke in opposition of the conditional use permit.
Chloe Aguilar, Island Towing, spoke in support of the conditional use permit. No further public
testimony was heard.
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.
Economic Development President Dave Taylor presented the report, which had been voted upon
Grand Island Council Session - 4/26/2016 Page 80 / 237
Page 3, City Council Regular Meeting, April 12, 2016
to forward to the City Council for its review and acceptance at their March 3, 2016 meeting.
Staff recommended approval of report.
Jeff Vinson, 1527 Stagecoach Road, Chair of the Citizens Advisory Review Committee, spoke in
favor of the semi-annual report. 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:
#9582 - Consideration of Amending Chapter 23 of the Grand Island City Code Relative
to the Occupation Tax Oversight Committee.
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
City Attorney Jerry Janulewicz reported that 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.
Motion by Haase, seconded by Hehnke to approve Ordinance #9582 on first reading. Upon roll
call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9582 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 #9582 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 #9582 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Resolutions G-11 (#2016-85) and G-13 (#2016-87) were pulled from the
agenda for further discussion. Motion by Paulick, second by Steele to approve the Consent
Agenda excluding items G-11 and G-13. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of March 22, 2016 City Council Regular Meeting.
Grand Island Council Session - 4/26/2016 Page 81 / 237
Page 4, City Council Regular Meeting, April 12, 2016
#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.
#2016-77 - Approving Bid Award - Rogers Reservoir I Interior Painting with Allen Blasting &
Coating, Inc., of Burlington, Iowa in the amount of $292,813.00.
#2016-78 - Approving Purchase of a 2016 Ford F-150 for the Utilities Department, Water
Division (#90) from the State Bid Contract #14365 OC with Anderson Auto Group of
Lincoln, Nebraska in the amount of $27,763.00.
#2016-79 - Approving Purchase of a 2016 Ford F-250 for the Utilities Department, Water
Division (#924), from the State Bid Contract #14333 OC with Anderson Auto Group of
Lincoln, Nebraska in the amount of $28,401.00.
#2016-80 - Approving GeoComm 911 GIS Maintenance Contract Renewal with GeoComm GIS
Maintenance Contract for services provided from May 1, 2016 to April 20, 2021 in the amount
of $35,962.00.
#2016-81 - Approving High Intensity Drug Trafficking Area (HIDTA) Grant Funding in the
amount of $54,992.00.
#2016-82 - Approving Amendment No. 1 to Agreement for Asset Management Implementation
Assistance for the Grand Island Wastewater Division to Black & Veatch Corporation of Kansas
City, Missouri in the amount of $367,700.00.
#2016-83 - Approving Change Order No. 1 for Hall County SID No. 2 Sanitary Sewer
Improvements – 2014 to Myers Construction, Inc. of Broken Bow, Nebraska in the amount of
$47,018.75.
#2016-84 - Approving Letter of Credit for Employer's Mutual Casualty Company (EMC)
Insurance Reserve from Cornerstone Bank in the amount of $800,000.
#2016-85 - Approving Letter of Credit for Southwest Power Pool, Inc. from Wells Fargo Bank in
the amount of $2,000,000.
Motion by Haase, second by Hehnke to approve. Upon roll call vote, all voted aye. Motion
adopted.
#2016-86 - Approving Addendum #1 for Website Development with Vision Internet, Santa
Monica, California in the amount of $12,000.00.
#2016-87 – Approving Interlocal Agreement with Hall County for Public Transportation.
Gary Quandt, 609 W 14th Street, spoke on behalf of the Hall County Board of Supervisors.
Motion by Donaldson, second by Haase to approve. Upon roll call vote, all voted aye. Motion
adopted.
Grand Island Council Session - 4/26/2016 Page 82 / 237
Page 5, City Council Regular Meeting, April 12, 2016
#2016-88 - Approving Proposal Award for Professional Services for Geotechnical Evaluation of
Downtown Parking Lots to Olsson Associates of Grand Island, Nebraska in the amount of
$38,900.00.
REQUESTS AND REFERRALS:
Consideration of Request from Chloe Aguilar for a Conditional Use Permit for a
Towing/Salvage Lot located at 4852 and 4820 East Capital Avenue. Building Department
Director Craig Lewis presented this item as it is related to the aforementioned Public Hearing.
Discussion was held between Council, Mr. Lewis regarding the possibility of placing conditions
or restrictions to the permit. There was concern from neighboring property owners and from
council regarding the possibility of contamination.
Motion by Donaldson, second by Minton to approve.
Motion by Haase, second by Nickerson to amend the motion to require vehicles be drained
before entering the property. Upon roll call vote, Councilmembers Steele, Donaldson, Haase,
Stelk, Nickerson and Mayor Jensen voted aye. Councilmembers Paulick, Minton, Hehnke voted
no. Motion adopted.
Motion by Stelk, second by Haase to add a condition of only “storage”, not “salvage” to the
motion. Upon roll call vote, Councilmembers Steele, Donaldson, Haase, Stelk, Nickerson and
Mayor Jensen voted aye. Councilmembers Paulick, Minton, Hehnke voted no. Motion adopted.
Upon roll call vote on the main motion, Councilmembers Steele, Minton, Donaldson, Hehnke,
Haase, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted.
RESOLUTIONS:
#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 is related to the aforementioned Public Hearing.
Motion by Stelk, second by Steele to approve Resolution #2016-89. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Donaldson, second by Hehnke to approve the claims for the period of March 23, 2016
through April 12, 2016 for a total amount of $4,900,707.77. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 9:02 p.m.
Nicki Stoltenberg
City Clerk Pro Tem
Grand Island Council Session - 4/26/2016 Page 83 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-2
Approving Minutes of April 19, 2016 City Council Study Session
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 84 / 237
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
April 19, 2016
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
April 19, 2016. Notice of the meeting was given in the Grand Island Independent on April 13,
2016.
Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following Councilmembers
were present: Mitch Nickerson, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee
Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember
Mark Stelk was absent. 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 members Maricela Paramo and Perla
Alarcon.
INVOCATION was given by Community Youth Council member Maricela Paramo followed by
the PLEDGE OF ALLEGIANCE.
SPECIAL ITEMS:
Discussion of Proposed FY 17 Budget Schedule and High Level Review of 5 Year Projection on
General Fund. Mayor Jensen stated tonight was the first step in the budget process which would
include the next 5 years. Estimates had been complied as a starting point with the input of
Department Directors and future decisions would be made by the Council.
City Administrator Marlan Ferguson commented that tonight’s goal was to establish an agenda
for the 2017 budget. He stated 40% or $16 million revenue was from sales tax and 20% from
property tax. Personnel costs were the largest part of the budget and would increase over the next
5 years.
Finance Director Renae Griffiths stated as of March 31, 2016 we were at the halfway point of the
FY16 budget. This Study Session was for the discussion and instruction to staff on the budget
schedule along with a 5 year projection based on the FY16 budget.
The week of May 16th would allow the sub-committee to discuss revenue assumptions and the
fee schedule. On May 24 they would provide revenue projections for council discussion and
instruction to staff along with approving the fee schedule.
On June 21 there would be a Study Session for the general fund expenses and capital requests in
the general fund along with discussion on the 400 fund. July 19 would be a Study Session for
cleanup of outstanding items in the general fund and review of the enterprise funds.
Grand Island Council Session - 4/26/2016 Page 85 / 237
Page 2, City Council Study Session, April 19, 2016
The July 26 Council meeting would include approving the BID budgets and setting Board of
Equalization meeting date. On August 9 the Council would set September 13, 2016 as the date
for the budget public hearing.
August 16 would be a Study Session for outstanding items from the July 19 meeting. August 20
the County would certify the valuation. September 13 the Council would hold the public hearing
for the budget and approve the salary ordinance. September 20 the budget would be due to the
State and County.
Ms. Griffiths presented a 5 year projection of the General Fund. If everything stayed the same
over the next 5 years there would be a $20 million shortfall. The Food and Beverage Tax, if
passed would cover the State Fair match in the amount of $400,000 otherwise it would come out
of the General Fund.
The current figures did not include any new FTE’s. Discussion was held regarding restricting the
budget, cutting services, and personnel costs. Mayor Jensen commented on the possibility of
increasing revenues through sales tax and possible fee increases.
Comments were made regarding the long term picture of both revenues and expenses. Ms.
Griffiths stated the department directors had been working on their priority list for projects.
Comments were made regarding the importance of the continuance of the Food and Beverage
Tax which would impact the budget.
ADJOURNMENT: The meeting was adjourned at 7:36 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 4/26/2016 Page 86 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-3
Receipt of Official Documents – Pawnbroker’s Official Bonds for
G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645
South Locust Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 87 / 237
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 26, 2016
Subject:Approving Renewal of Pawnbrokers Official Bond
Presenter(s):RaNae Edwards, City Clerk
Background
Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business
of pawnbroker are required to make application to the Mayor and City Council. Along with the
application and fee, a bond is required which is to be approved by the Mayor and City Council. Each
license expires on April 30th of each year and must be renewed prior to that date.
Discussion
G.I. Loan Shop, 1004 West Second Street and Express Pawn, 645 South Locust Street has submitted
their application, fee, and bond for renewal of their pawnbroker’s license. (See attached)
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council
may:
1.Move to approve the renewals
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 application and bond for renewal of
pawnbroker’s license.
Sample Motion
Move to approve the renewal applications and bonds for G.I. Loan Shop, 1004 West 2nd Street and
Express Pawn, 645 South Locust Street.
Grand Island Council Session - 4/26/2016 Page 88 / 237
Grand Island Council Session - 4/26/2016 Page 89 / 237
Grand Island Council Session - 4/26/2016 Page 90 / 237
Grand Island Council Session - 4/26/2016 Page 91 / 237
Grand Island Council Session - 4/26/2016 Page 92 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-4
Approving Liquor Manager Designation for Susan Henk, 505 West
Highway 34 for Godfather’s Pizza, 1916 South Locust Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 93 / 237
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 26, 2016
Subject:Request from Susan Henk, 505 West Highway 34 for
Liquor Manager Designation with Godfather’s Pizza,
1916 South Locust Street
Presenter(s):RaNae Edwards, City Clerk
Background
Susan Henk, 505 West Highway 34 has submitted an application with the City Clerk’s
Office for Liquor Manager Designation in conjunction with Godfather’s Pizza, 1916
South Locust Street.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the requests.
2.Forward the requests with no recommendation.
3.Take no action on the requests.
Grand Island Council Session - 4/26/2016 Page 94 / 237
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Susan Henk, 505 West Highway 34 for Liquor
Manager Designation in conjunction with the Class “A-12626” Liquor License for
Godfather’s Pizza, 1916 South Locust Street contingent upon completion of a state
approved alcohol server/seller training program.
Grand Island Council Session - 4/26/2016 Page 95 / 237
04/12/16 Grand Island Police Department
450
12:23 LAW INCIDENT TABLE Page:
1
City : Grand Island
Occurred after : **:**:** **/**/****
Occurred before : **:**:** **/**/****
When reported : 11:46:00 03/29/2016
Date disposition declared : 03/29/2016
Incident number : L16033155
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 1916 Locust St S
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received :
Agency code : GIPD GIPD Grand Island Police Dept
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 13987
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status :
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------
NM 35461 04/12/16 Henk, Mark L Susan's Spouse
NM 90486 04/12/16 Henk, Susan J Liquor Manager
NM 53418 03/30/16 Godfathers Pizza, Business
Involved
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 LT21 Restaurant
LAW INCIDENT NARRATIVE:
Liquor License Investigation
Susan Henk is applying to be the liquor manager at Godfather's Pizza.
~~---------------------------------------- (lwmain11085903302016)~~
Grand Island Council Session - 4/26/2016 Page 96 / 237
04/12/16 Grand Island Police Department
450
12:23 LAW INCIDENT TABLE Page:
2
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
Grand Island Police Department
Supplemental Report
Date, Time: Tue Apr 12 09:42:41 CDT 2016
Reporting Officer: Vitera
Unit- CID
Susan Henk is applying to be the liquor manager at Godfather's Pizza.
According to her application, Susan is married to Mark Henk. Mark did not
fill out a Spousal Affidavit of Non-Participation form. Susan has lived
in Grand Island since 1978, and Mark has lived in Grand Island since
1992. Susan and Mark did not disclose any criminal convictions. Susan
also stated on the application that neither she nor Mark have ever
applied for or had a liquor license.
I checked Susan and Mark through Spillman and NCJIS. It looks like Susan
was issued a speeding ticket in 2005 according to Spillman. Spillman
doesn't show any violations for Mark. However, Mark has eleven traffic
convictions listed in NCJIS between 1999 and 2016. He also has a
conviction for "possession of a radar device" which is a Class 3
Misdemeanor. Susan doesn't have any convictions listed in NCJIS.
I looked Susan and Mark up in an online law enforcement-only database
which mostly provides personal identifying information and information on
civil issues. I didn't find anything out of the ordinary on either one of
them. I also did a general Internet search and found a Facebook page for
"Susie Torpin Henk." The public portion just has a couple of photographs.
Susie Henk is also on Pinterest. I didn't dig any deeper than that. I
also found a Facebook page for Mark, but it didn't have much information.
I checked Susan and Mark to verify the status of their driver's license
and see if either one of them had any outstanding arrest warrants. It
appears that they each have a valid Nebraska driver's license and no
outstanding arrest warrants for either of them.
Grand Island Council Session - 4/26/2016 Page 97 / 237
I also checked the NLCC's web site for Godfather's Pizza in Grand Island.
Mark Henk is listed as the President and CEO of the corporation. They
currently have a Class A Retail Liquor License which explains why Mark
didn't fill out a Spousal Affidavit of Non-Participation form. However,
it doesn't explain why Susan checked the box on the application which
says she and Mark have never had a liquor license before.
I called Susan on 4/12/16 and spoke to her about her application. Susan
acknowledged that Mark has had several speeding tickets. She went on to
say that she thought the application was mostly about her. When I told
Susan she should have disclosed Mark's traffic convictions and the fact
that Mark currently has a liquor license at Godfather's, she said that
she doesn't read things very well and tends to skim.
Regardless of the reasons for filling out part of the application
incorrectly, Mark's traffic convictions, while fairly numerous, aren't
that serious. It's also public knowledge that Mark is half owner of
Godfather's, and they have a liquor license. All in all, Susan has a very
clean record, and the Grand Island Police Department has no objection to
her becoming the liquor manager at Godfather's Pizza.
Grand Island Council Session - 4/26/2016 Page 98 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-5
#2016-91 - Approving Request from Fuji Steakhouse, Inc. dba Fuji
Japanese Steakhouse, 1004 N Diers Avenue, Suite 200 for a Class
“I” Liquor License and Liquor Manager Designation for Xin K.
Lin, 1205 Cedar Ridge Cour, Apt. B16
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 99 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-91
WHEREAS, an application was filed by Fuji Steakhouse, Inc., doing business as
Fuji Japanese Steakhouse, 1004 N Diers Avenue, Suite 200 for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on April 16, 2016; such publication cost being $16.77; and
WHEREAS, a public hearing was held on April 26, 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 Xin K. Lin,
1205 Cedar Ridge Court, Apt. B16 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 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 100 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-6
#2016-92 - Approving Citizen Participation Plan for Community
Development Block Grant Program
Staff Contact: Charley Falmlen
Grand Island Council Session - 4/26/2016 Page 101 / 237
Council Agenda Memo
From:Charley Falmlen, Community Development
Meeting:April 26, 2016
Subject:Citizen Participation Plan for Community Development
Block Grant
Presenter(s): Charley Falmlen, Community Development
Background
The United States Department of Housing and Urban Development requires that all
communities that receive Community Development Block Grant (CDBG) funds adopt a
Citizen Participation Plan. This plan sets forth how citizens, especially lower income
and/or disabled persons, are to be provided with opportunities to participate in the
planning, implementation and assessment of the CDBG programs.
The last update to the Citizen Participation Plan was on March 25, 2014. At the time of
that update, the City was still planning on receiving CDBG funds through the State of
Nebraska. On August 25, 2015, the City chose to become an Entitlement Community.
With this decision, the City of Grand Island became subject to the requirements of the
Department of Housing and Urban Development (HUD), instead of the State of
Nebraska. Part of these change in requirements include a new format for the Citizen
Participation Plan.
As required by HUD, the City has created a new version of the Citizen Participation Plan
and left it open to public comment for 15 days. The public hearing was held on April 5,
2016. No comments were recorded and none will be submitted.
Discussion
At this time it is requested that Council approve adopting the updated Citizen
Participation Plan.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 4/26/2016 Page 102 / 237
1.Move to approve the Citizen Participation Plan
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 Citizen Participation Plan.
Sample Motion
Move to approve the Citizen Participation Plan and authorize the Mayor to sign all
related documents.
Grand Island Council Session - 4/26/2016 Page 103 / 237
City of Grand Island Citizen Participation Plan
Introduction
The City of Grand Island has established a Citizen Participation Plan to provide opportunities for
citizen involvement in the process of developing and implementing the
Community Development Block Grant (CDBG) Program and other programs administered by
the U. S. Department of Housing and Urban Development (HUD). This Citizen Participation
Plan outlines when, where and how citizens can access information, review and comment on
major community plans, and comment on progress of funded activities under these programs.
The primary planning document for any of the CDBG-assisted program is the City of Grand
Island’s Consolidated Plan, which is developed every three to five years to serve as a guide for
strategic actions to enhance the City’s housing and community development assets. Other major
documents related to the Consolidated Plan and covered by this Citizen Participation Plan are the
Fair Housing Plan - which describes how the City will be affirmatively furthering Fair Housing,
an Annual Action Plan - which describes the specific actions and project activities the City will
carry out with the funds and the Consolidated Annual Performance & Evaluation Report
(CAPER) - an annual evaluation of progress in implementing program activities.
Encouraging Public Participation
The City of Grand Island welcomes and encourages the participation of all of its citizens in the
development of these plans and in the review of progress in implementing plan activities. The
City particularly encourages involvement by low and moderate income households, individuals
residing in areas targeted for program activities, minorities and non-English speaking persons, as
well as persons with disabilities. In addition, residents of public housing and other assisted
housing groups are encouraged to participate. Finally, we encourage local and regional
institutions and other organizations including businesses, neighborhood associations, housing
developers including the Hall County Housing Authority, and community and faith-based
organizations to become involved in the planning process. Opportunities for citizen involvement
occur in the initial stages of developing the long range plan and the annual plan as well as during
the implementation of activities.
These opportunities include:
Participation in public hearings to discuss needs, available funds and project/program
activities
Participation in meetings with committees and focus groups involved in planning housing
and community development activities
Review and comment on proposed plans and activities such as:
o The Fair Housing Plan
o The Citizen Participation Plan
o The Consolidated Plan
o The Annual Action Plans
o Amendments to the Plans
Grand Island Council Session - 4/26/2016 Page 104 / 237
o Consolidated Annual Performance Reports (CAPERs)
Anyone who wishes to be informed of the time/place of meetings and opportunities, to review
documents or who wishes to learn more about activities may ask to be placed on mailing and/or
e-mail lists of interested citizens by contacting the City of Grand Island
Community Development Division, City of Grand Island 100 E. 1st, Grand Island, NE 68801 or
mailing address P.O. Box 1968, Grand Island, NE 68802. Direct communication to Community
Development Division at (308) 389-0288 or sign up for emails by visiting www.grand-
island.com and selecting to receive “Community Development” e-Notices
Public Hearings
During the process of developing the Consolidated Plan and Annual Action Plan, City staff
meets with community groups, organizations and persons interested in housing and community
development activities to discuss community needs and to provide information on CDBG and
other HUD Programs.
Purpose of the Public Hearings
A minimum of two Public Hearings will be held during the year to obtain the comments of
citizens and representatives of public agencies, non-profit organizations and other interested
parties. The Hearings provide opportunities to obtain the views of citizens on housing and
community development needs, provide information on the amount of funds available (and the
purpose for which they can be used), discuss proposed activities and review program
performance over the previous year.
All oral and written comments received at the Hearings will be considered in decisions on the
HUD-assisted programs and their planning documents. A summary of the City’s response to
comments made in the Consolidated Planning process will be provided in the Appendix of the
Plan submitted to HUD. At least one of the Hearings will be held prior to publishing the draft
plan for public comment.
Location of Hearings
The location and timing of the Hearings will ensure maximum opportunities for citizens to
participate. Hearings will be conducted in buildings that are accessible to persons with physical
disabilities. Location of the hearings will be provided in all announcements and advertisements.
Entrance to the Hearings is accessible to persons with physical disabilities.
Expanding Opportunities for All to Participate at Hearings
The City encourages all citizens to attend and participate in the hearings. A special effort will be
made to ensure that low and moderate income persons, households in areas assisted by program
activities and persons special needs have opportunities to participate. The City will provide
translators for Non-English speaking persons who request assistance at least 3 days prior to the
Hearing or other meetings in the planning process. Persons who need auxiliary aids or other
Grand Island Council Session - 4/26/2016 Page 105 / 237
assistance to be able to fully participate may request assistance at least 3 days in advance of the
Hearing or meeting. Persons seeking all such assistance should contact the City Clerk at (308)
385-5444, Ext. 111 to make arrangements.
Notification of Hearing Dates and Locations
Notices of the location and timing of the hearings will be placed in The Grand Island
Independent newspaper in English, with directions for translation in Spanish, at least 14 days
prior to the Hearing. Notice will also be sent to interested citizen via the email list generated by
the “Community Development” E –Notice list.
Public Comment on Proposed Plans and Reports
Outside of the Public Hearing Process, opportunities to comment on proposed plans and other
documents are available to the general public and other persons affected by the activities of the
programs. A notice will be published in The Grand Island Independent in English, with
directions for translation in Spanish, providing 30 calendar days for the public to comment on the
Citizen Participation Plan, Consolidated Plan, Annual Action Plan, Plan Amendments and the
Consolidated Annual Performance & Evaluation Report. Comments may be sent in writing to the
Community Development Division, City of Grand Island PO Box 1968, Grand Island, NE 68802
or by direct communication to Community Development Division at (308) 389-0288. A
summary of comments received on the Consolidated Plan, Annual Action Plan, CAPERs and
any Amendments will be considered by the City and attached to the document (along with City
comments responding to the views) when submitted to HUD.
These documents available for public comment are briefly described as follows:
Citizen Participation Plan
The City of Grand Island Citizen Participation Plan outlines the steps the City will take to
provide citizens with opportunities for input into the development of plans and to comment on
performance of assisted activities.
Consolidated Plan
The City of Grand Island Consolidated Plan is a long-range strategic plan that assesses
community needs, establishes priority objectives and outlines strategies the City will pursue over
a 3 to 5 year period to improve the City’s housing and community development assets
principally benefiting low and moderate income persons.
Annual Action Plans
Each year, the City is required to prepare an Annual Action Plan for submission to HUD that
outlines the programs and activities the City will undertake in the coming year to implement the
strategies of the Consolidated Plan. The Annual Plans also describe how the CDBG funds will be
used over the course of the year.
Grand Island Council Session - 4/26/2016 Page 106 / 237
Consolidated Annual Performance & Evaluation Reports (CAPERs)
Each year, the City prepares a description of how the CDBG funds were used over the prior
program year and describes progress on other non-funded activities of the Consolidated Plan.
Amendments
From time to time, amendments to the plans will be necessary as conditions change.
Amendments of a minor nature will be made as needed throughout the year. However, the public
will be invited to review and comment on substantial amendments to adopted plans. The City
will consider all comments received in writing or orally at the Public Hearings and will provide a
summary of the comments and the City’s response (and, if applicable, the reasons the comment
was not accepted) to HUD with their request for a substantial amendment. The definition of a
“substantial amendment” to the Consolidated and Annual Action Plans is defined as:
Change in budget
o Project Budgets of more than $25,000
An increase or decrease in the budget of more than 25% (unless the
decrease is caused by a budget under run).
o Project Budgets of less than $25,000
An increase or decrease of 50% of the budgeted amount (unless the
decrease is caused by a budget under run).
Change in Use
o If there is a change to a goal or objective in the Consolidated Plan.
o If funds change from one eligible activity to another in the Annual Action Plan.
Change in Beneficiaries
o An increase or decrease in the low-to-moderate income beneficiaries of more than
25% for all projects
Access to Information and Availability of Plan Documents
The City will provide citizens, public agencies and other interested parties reasonable and timely
access to information and records on the adopted Fair Housing Plan, Consolidated Plan, Annual
Action Plan, Citizen Participation Plan and CAPER as well as any amendments to those
documents. In addition, reasonable accommodation will be made for non-English speaking
persons and persons with disabilities who need assistance with documents or program
information. These adopted documents and information on the use of funds and other program
information will be available at the Community Development Division; City of Grand Island 100
E. 1st Street, Grand Island, NE 68801, an appointment for picking up documents to view can be
made by contacting the Community Development Division at (308) 389-0288. A reasonable
number of free copies of these documents are available upon request at City Hall through the
Community Development Division’s office. All of these documents will also be available on the
City of Grand Island’s website, under the Community Development Division section. All
materials discussed above will be kept on record in the Community Development Division office
and displayed on the City of Grand Island’s website for 5 years after adoption.
Grand Island Council Session - 4/26/2016 Page 107 / 237
Technical Assistance
The City will provide technical assistance to groups representing low- and moderate income
persons to assist them in understanding the requirements for developing proposals for funding
assistance under CDBG. Technical assistance may include referral to information sources,
providing information on programs and activities, and one-on-one project reviews.
In addition to the translation efforts listed above related to Public Hearings and Public Notices,
the City of Grand Island also offers free translation of all of their website information in 104
languages. The Community Development Division also makes CDBG all public notices
available in Spanish on their website. All postings of the public notices include directions in
Spanish on where to view the translation.
Complaints and Grievances
Complaints concerning the Fair Housing Plan, Consolidated Plan, Annual Plan or
CAPER may be submitted in writing to the Community Development Division, City of Grand
Island PO Box 1968, Grand Island, NE 68802 or direct communication to Community
Development Division at (308) 389-0288. Phone communication is allowed; however, all
complaints must be eventually submitted in writing and will be responded to in writing within 15
working days of receiving the complaint in writing. Persons not satisfied with the response may
write an appeal of the decision and request a review of the complaint by the City of Grand
Island’s Regional Planning Department Director at the above address. A written response from
the City conveying the results of the review to the complainant will be made in writing within 15
working days. All decisions will be final.
Anti-displacement and Relocation Assistance Plan
The City has an Anti-displacement and Relocation Assistance Plan to minimize the displacement
of persons as a result of program activities and to assist any persons actually displaced. The
policy is to discourage displacement unless it is clearly necessary to achieve the Plan’s objectives
and to minimize the adverse impacts of the displacement. In the event that displacement is
unavoidable, displaces will receive the full benefits and assistance provided for under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
and HUD regulations. Additional information on the services available to individuals displaced
by the City of Grand Island is available by contacting the Community Development Division,
City of Grand Island PO Box 1968, Grand Island, NE 68802 or direct communication to
Community Development Division at (308) 389-0288.
Grand Island Council Session - 4/26/2016 Page 108 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-92
WHEREAS, on March 25, 2014, the City of Grand Island approved and adopted
the existing Citizen Participation Plan to comply with the citizen participation requirements of
the Community Development Block Grant program as per the State of Nebraska’s requirements;
and
WHEREAS, on August 25, 2015, the City of Grand Island became an Entitlement
Community ; and
WHEREAS, the Entitlement Community model requires a different set of criteria
regarding the Citizen Participation Plan than the State of Nebraska’s CDBG model; and
WHEREAS, the Community Development Department created a new Citizen
Participation Plan to serve under the Entitlement Program; and
WHEREAS, the public hearing on April 5, 2015 offered the public an opportunity
to make comments on the plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska is
hereby approves and adopts the revised Citizen Participation Plan; and the Mayor is hereby
authorized and such plan on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 109 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-7
#2016-93 - Approving Traffic Restriction along Sky Park Road
from Airport Road to Abbott Road
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 4/26/2016 Page 110 / 237
Council Agenda Memo
From:John Collins PE, Public Works Director
Meeting:April 26, 2016
Subject:Approving Traffic Restriction along Sky Park Road from
Airport Road to Abbott Road
Presenter(s):John Collins PE, Public Works Director
Background
Council action is required to designate traffic restrictions on any public street.
The Hall County Airport Authority Executive Director inquired through the Public
Works Department about putting traffic restrictions on Sky Park Road due to the large
increase in vehicular and pedestrian traffic at the airport.
Discussion
Upon review of Sky Park Road near the airport it is the consensus of City officials to
extend the traffic restriction zone from Airport Road to Abbott Road. Both safety and
security would be enhanced; as this section of roadway is rural and has a speed limit of
45 miles per hour with no shoulders. It is recommended that Sky Park Road from Airport
Road to Abbott Road be restricted to no parking, standing, or stopping at any time.
A sketch of this section of roadway is attached for reference.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 4/26/2016 Page 111 / 237
Recommendation
City Administration recommends that the Council approve a resolution designating Sky
Park Road from Airport Road to Abbott Road be restricted to no parking, standing, or
stopping at any time.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 4/26/2016 Page 112 / 237
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Grand Island Council Session - 4/26/2016 Page 113 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-93
WHEREAS, the City Council, by authority of §22-77 of the Grand Island City
Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of
vehicles in or on any public street, public property, or portion thereof; and
WHEREAS, the Public Works Department is requesting that Sky Park Road from
Airport Road to Abbott Road be restricted to no parking, standing, or stopping at any time; and
WHEREAS, it is recommended that such traffic restriction request be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.A No Parking, Standing, or Stopping at any time restriction, is hereby designated
along Sky Park Road from Airport Road to Abbott Road; and
2.The City’s Street Division of the Public Works Department shall erect and
maintain the signs necessary to effect the above regulation.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 114 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-8
#2016-94 - Approving NPPD Call Center Agreement
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 4/26/2016 Page 115 / 237
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:April 26, 2016
Subject:NPPD Call Center Contract
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The Department’s Phelps Control Center is located next to the Burdick Power Station on
Cherry Street. It is the main facility for the Transmission Division, which is responsible
for all power dispatching and electric substation operations, and includes a command
center manned at all times.
While multiple personnel are in the center during normal business hours, it is staffed by
one individual during nights, weekends, and holidays. This command center monitors
system operations, schedules power transactions with the regional electric system
operator, coordinates power generation, and answers the Department’s trouble phone
lines. The trouble phone lines are four lines that customers can call to notify of their
service problems and other power and water issues. Standby crews are dispatched by the
command center in response to the trouble calls as required. Unanswered calls are routed
to a message recording system.
This system normally is sufficient, however, during storms and other abnormal
conditions, the one individual manning the center can be overwhelmed by the amount of
calls, in addition to monitoring and responding to the system operation, and dispatching
crews. The phone system is usually also overwhelmed and customers then call the 911
emergency center, which leads to more calls than the emergency center can handle, and
disrupts emergency life safety callers.
The voice messaging system is often not able to be checked for several hours after calls
are received, thus extending times when customers are out of power or in a hazardous
situation. The Department has struggled with options to correct this issue; however,
solutions either require expensive call management systems and/or additional phone lines
and personnel with costs not easily justified by the rare frequency of these situations.
Grand Island Council Session - 4/26/2016 Page 116 / 237
Discussion
The Department became aware of call answering services provided by the Nebraska
Public Power District (NPPD). NPPD recently expanded its call answering center in
Norfolk, including installing the communications systems and hiring of personnel to
address many of the issues facing Grand Island.
This call answering facility includes storm hardened areas and redundant power and
communications systems. To help provide a mutual benefit for NPPD and other Nebraska
utilities, NPPD is providing an outsourcing of their call answering facilities and services.
Currently twenty-two Nebraska municipalities and public power districts are subscribing
to this service.
NPPD provided a proposal to Grand Island for services in which all Grand Island system
customer calls would be received by NPPD, and the issue of the call immediately entered
into a trouble call system that would be monitored by Grand Island personnel. The phone
line would continue to be the local Grand Island number, but merged into a cloud system
to NPPD that could handle dozens of callers at one time, and answered as the Grand
Island Utilities Department. This system would shift the constraint of an abnormal or
storm situation from communications with customers to the limits of Department
resources responding in the field.
A five year agreement is proposed by NPPD, with a one-time setup charge of about
$7,700.00 and a monthly charge of around $4,300.00, based on the number of customers
and calls answered. This includes both electric and water utility customers. The
Department staff has reviewed this proposal and recommends its acceptance as providing
a positive impact to customer service at a reasonable cost.
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 Customer Outage Call
Processing Service Agreement between Nebraska Public Power District and City of
Grand Island, Nebraska.
Sample Motion
Move to approve the Customer Outage Call Processing Service Agreement between
Nebraska Public Power District and City of Grand Island, Nebraska.
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Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-94
WHEREAS, the City of Grand Island’s Utilities Department provides 24 hour
service for all power dispatching, electric substation operations, and a command center that
monitors system operations, schedules power transactions with the regional electric system
operator, coordinates power generation, and answers the Department’s trouble phone lines; and
WHEREAS, this system is normally sufficient, however, during storms and other
abnormal conditions, the one individual manning the center during nights, weekends and
holidays can be overwhelmed by the amount of calls, in addition to monitoring and responding to
the system operation and dispatching crews; and
WHEREAS, the Nebraska Public Power District (NPPD) recently expanded its
call answering center and this call answering facility could address many of the issues facing
Grand Island Utilities, and
WHEREAS, NPPD provided a proposal to Grand Island for services in which all
Grand Island system customer calls would be received by NPPD, and the issue of the call
immediately entered into a trouble call system that would be monitored by Grand Island
personnel; and
WHEREAS, a five year agreement is proposed by NPPD, with a one-time setup
charge of about $7,700.00 and a monthly charge of around $4,300.00, based on the number of
customers and calls answered; and
WHEREAS, the Legal Department has reviewed and approved the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Customer Outage Call Processing
Service Agreement between the Nebraska Public Power District and the City of Grand Island is
approved, and the Mayor is hereby authorized to sign the agreement on behalf of the City of
Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 206
____________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 130 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-9
#2016-95 - Approving the AMI Support Services Contract
Extension with Landis+Gyr
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 4/26/2016 Page 131 / 237
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:April 26, 2016
Subject:AMI Support Service Contract Extension with
Landis+Gyr
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The Utilities Department made a presentation concerning AMI (Automated Metering
Infrastructure) at the April 3, 2012 Council Study Session with the resulting
recommendation to evaluate the technology by creating a pilot project. The proposed
project area to be used was the new water construction in Merrick County as part of a
groundwater contamination remediation project being paid for by the Union Pacific
Railroad. The remediation project area was localized and included approximately 170
new water meters.
The intent of the pilot project was to gain first-hand experience with the installation and
operation of an AMI system as well as determining the fiscal costs and benefits. This
information would then be used to evaluate the feasibility of AMI for the entire electric
and water utility systems.
Specifications for the AMI pilot project were developed by Department staff and issued
for proposals in accordance with City procurement requirements. These specifications
were drafted to allow the use of multiple suppliers for the hardware and software
components of the AMI system for flexibility in evaluating additional vendors of AMI
components during the pilot project. The AMI system data would be stored at a remote
secure server and accessed by the City for meter billing and system information. Meter
consumption information could also be made available to customers through the City’s
website. On October 23, 2012, Council awarded AMI pilot project to Landis+Gyr in the
amount of $108,129.95, with an annual server support cost of $8,100.00.
Discussion
The term of the AMI pilot project with Landis+Gyr will be expiring at the end of this
May, however some of the goals of the project have not yet been implemented,
Grand Island Council Session - 4/26/2016 Page 132 / 237
specifically integration for the meter reading information into the City’s utility billing
system. Landis+Gyr has provided a proposal for a one year extension of the server
hosting services for the same price of $8,100.00. Department staff has reviewed this
proposal and recommends its acceptance.
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 Landis+Gyr Software as a
Service Agreement.
Sample Motion
Move to approve the Landis+Gyr Software as a Service Agreement.
Grand Island Council Session - 4/26/2016 Page 133 / 237
Main SaaS Agreement Page 1
Software as a Service Agreement
This Software as a Service (SaaS) Agreement (referred to hereinafter as “Agreement” or “Main
Agreement”), dated as of June 1, 2016 (“Effective Date”), is by and between City of Grand Island
Utilities, (“Customer”) with offices located at 1116 W. N. Front Street Grand Island, NE 68801, and
LANDIS+GYR TECHNOLOGY, INC. with offices located at 30000 Mill Creek Avenue, Suite 100,
Alpharetta, GA 30022 (“Service Provider”).
WHEREAS, Customer requires third-party hosted “software as a service” (the “SaaS Services,” as
further described herein) with respect to certain of Customer’s information technology needs and related
smart grid program;
WHEREAS, Service Provider has agreed to provide the SaaS Services to Customer, all on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and representations set forth in this
Agreement, the parties hereby agree as follows:
1. Definitions. Capitalized terms used herein and not otherwise defined shall have the meanings set
forth in this Section.
“Access Credentials” means any user name, identification number, password, license or security key,
security token, PIN or other security code, method, technology or device used, alone or in
combination, to verify an person’s identity and authorization to access and use the SaaS Services.
“Affiliate” means any entity (including any person, without limitation, any corporation, company,
partnership, limited liability company or group) that directly through one or more intermediaries,
controls, is controlled by or is under common control with Service Provider or Customer for so long
as such control exists. For purposes of this definition, “control” means having more than fifty percent
(50%) of the shares or other equity interest with voting rights in the legal entity or organization at
issue.
“Authorized Users” means any Customer employee, contractor or agent, or any other person
authorized by Customer to access and use the SaaS Services through Customer's account under this
Agreement.
“Business Day” means a day other than a Saturday, Sunday or other day on which commercial banks
in New York City are authorized or required by Law to be closed for business.
“Customer Data” means any and all information, data, materials, works, or other content, relating to
Customer’s end customers’ information relating to electricity, water or natural gas consumption, load
profile, billing history, or credit history that is or has been obtained or compiled by Customer in
connection with supplying electric services, water services or gas services to that customer or group
of customers (regardless of the media in which it is contained) that may be disclosed at any time to
Service Provider by Customer or Customer’s employees, agents, consultants, contractors, or suppliers
in anticipation of, in connection with, or incidental to Service Provider’s performance of the SaaS
Services for or on behalf of Customer .
Grand Island Council Session - 4/26/2016 Page 134 / 237
Main SaaS Agreement Page 2
“Customer Systems” means the Customer's information technology infrastructure, including
computers, software, hardware, databases, electronic systems (including database management
systems) and networks, whether operated directly by Customer or through the use of third-party
services.
“Documentation” means any manuals, instructions or other documents or materials that Service
Provider provides or makes available to Customer in any form or medium and which describe the
functionality, components, features or requirements of the SaaS Services or Provider Materials,
including any aspect of the installation, configuration, integration, operation, use, support or
maintenance thereof.
“Disabling Code” means any software, virus, Trojan horse, time bomb or other code that is harmful,
disabling or which enables unauthorized access to the Service Provider Systems or Customer
Systems, or theft or damage to Customer Data, or otherwise impairs the operation of the Service
Provider Systems, any Customer Systems, or any Third Party system utilized by Service Provider in
the Servicer Provider Systems.
“Endpoints” means each of the following types of physical devices installed for use in the delivery of
any commodity:
i. a meter measuring the quantity of a commodity delivered, at a utility customer premise or at
any other point within the distribution system, with respect to which the Software stores,
processes, or makes accessible data specifically identified to that premise or distribution point
for use in one or more of the utility operations the Software performs or supports; and
ii. an unmetered supply point with respect to which the Software performs calculations of
quantities of a commodity delivered in lieu of metering.
For avoidance of doubt, Endpoints do not include: aggregations of data from multiple Endpoints;
interfaces between the Software and other systems or applications; sub-meters or devices installed at
a utility customer premises beyond the meter; or devices only used to read, retrieve, or transmit data
from Endpoints.
“Intellectual Property Rights” means any and all intellectual property rights whether registered or
unregistered, and all applications for and renewals or extensions of such rights, including rights
comprising or relating to: (a) patents, patent disclosures and inventions (whether patentable or not);
(b) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names,
together with all of the goodwill associated therewith; (c) works of authorship, designs, copyrights
and copyrightable works (including computer programs) and rights in data and databases; (d) trade
secrets, know-how and other confidential information; and (e) all similar or equivalent rights or forms
of protection.
“Interfaces” means the Service Provider’s file transfer communications interfaces and data feeds
mechanisms between the Service Provider Systems and the Customer’s Systems which are developed,
operated, owned and maintained by Service Provider pursuant to this Agreement including, as
applicable, any configuration and customization required to meet the requirements of this Agreement,
but excluding ownership of any customization that constitutes a component or derivative of
Customer’s Systems.
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Main SaaS Agreement Page 3
“Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, common law,
judgment, decree or other requirement or rule of any federal, state, local or political subdivision
thereof, or any arbitrator, court or tribunal of competent jurisdiction.
“Permitted Uses” means any use of the SaaS Services by Customer or any Authorized User for the
benefit of Customer in or for Customer's internal business operations.
“Person” means an individual and any entity, including, but not limited to, any corporation,
partnership, joint venture, limited liability company, governmental authority, unincorporated
organization, trust or association.
“Process” means to perform any operation or set of operations on any data, information, material,
work, expression or other content, including to (a) collect, receive, input, upload, download, record,
reproduce, store, organize, combine, log, catalog, cross-reference, manage, maintain, copy, adapt,
alter, translate or make other improvements or derivative works, (b) process, retrieve, output, consult,
use, disseminate, transmit, submit, post, transfer, disclose or otherwise provide or make available, or
(c) block, erase or destroy. “Processing” and “Processed” have correlative meanings.
“Service Provider Materials” means all devices, documents, data, know-how, methods, processes,
software and other inventions, works, technologies and materials, including any and all Service
Software, Documentation, computer hardware, programs, reports and specifications, client software
and deliverables provided or made available to Customer in connection with Service Provider’s
performance of the SaaS Services, in each case developed or acquired by the Service Provider
independently of this Agreement.
“Service Provider Personnel” means all employees and agents of Service Provider, all
subcontractors and all employees and agents of any subcontractor, involved in the performance of
Services.
“Supported Release” means versions of Service Software currently supported by Service Provider.
Service Provider will support at a minimum the current generally available release in addition to the
previous release of Service Software.
“Representatives” means a party's employees, officers, directors, consultants, legal advisors and,
with respect to Service Provider, Service Provider's subcontractors, and, with respect to Customer,
solely those of Customer’s independent contractors or service providers that are Authorized Users.
“Service Software” means the Service Provider software application or applications and any third-
party or other software, and all new versions, updates, revisions, improvements and modifications of
the foregoing, that Service Provider provides remote access to and use of as part of the SaaS Services
made available to Customer.
“Territory” means the Customer’s service territory.
“Third Party Materials” means materials and information, in any form or medium, including any
software, documents, data, content, specifications, products, equipment or components of or relating
to the Services that are not proprietary to Service Provider.
“Upgrade” means updating the Service Software to the most current generally available version.
Grand Island Council Session - 4/26/2016 Page 136 / 237
Main SaaS Agreement Page 4
2. Services.
2.1. Services. Subject to and conditioned on Customer’s and its Authorized Users’
compliance with the terms and conditions of this Agreement, during the Term, Service
Provider agrees to provide to Customer and its Authorized Users access to certain of
Service Provider’s hosted software and hardware products and provide the following
services: infrastructure, monitoring, technical support, backup and recovery, initial
training, change management, and technology upgrades for Customer’s productive use of
such services. Throughout the Term and at all times in connection with Service
Provider’s actual or required performance under this Agreement, Service Provider will, in
accordance with all terms and conditions set forth in this Agreement and each applicable
Service Order, provide to Customer and its Authorized Users the following services
(“Services”):
(a) the hosting, management and operation of the Service Software and other
services for remote electronic access and use by the Customer and its Authorized
Users (“SaaS Services”) as described in one or more written, sequentially
numbered service orders specifically referencing this Agreement, which, upon
execution of such service orders will be attached as part of Schedule B and by
this reference are incorporated in and made a part of this Agreement (each, a
“Service Order”);
(b) service maintenance and the Support Services as set forth in the applicable
Service Order and the Service Level Agreement described in Schedule A; and
(c) such other services as may be specified in the applicable Service Order.
Except for Scheduled Downtime in accordance with the Service Level Agreement in
Schedule A; service downtime or degradation caused by a Force Majeure Event or any
other circumstances beyond Service Provider’s reasonable control, including Customer's
or any Authorized User's use of Third Party Materials, misuse of the SaaS Services, or
use of the Services other than in compliance with the express terms of this Agreement
and the Documentation.
2.2. Documentation. The Documentation for the Service Software will accurately and
completely describe the functions and features of the Service Software, including all
subsequent revisions thereto. The Documentation will be understandable by a typical end
user and will provide Authorized Users with sufficient instruction such that an
Authorized User can become self-reliant with respect to access and use of the SaaS
Services. Company will have the right to make any number of additional copies of the
Documentation for internal business purposes at no additional charge.
2.3. Service Orders. Service Orders will be effective only when signed by Customer and
Service Provider. Any modifications or changes to the SaaS Services under any executed
Service Order will be effective only if and when memorialized in a mutually agreed
written change order (“Change Order”) signed by both Parties. Where a Change Order
may result in an adjustment to fees, Service Provider will provide a written estimate of
such adjustment to Customer within ten (10) calendar days of Service Provider’s receipt
of a Change Order. Upon approval of the written estimate to complete the Change Order,
the parties will each ratify the Change Order indicating any adjustments to the fees, or
delivery schedule.
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2.4. Professional Services. During the Term of this Agreement, Service Provider will also
perform certain implementation, consulting, training and/or support services
(“Professional Services”) as specified in mutually agreed upon written Statement of
Work (“SOW”). Each SOW will contain a reference identifying it as a SOW under this
Agreement and will contain the following information, as applicable:
(a) a description of scope of the Professional Services;
(b) any other items to be delivered (“Deliverable”);
(c) the fees;
(d) an estimated schedule; and
(e) assumptions on which the performance of the Professional Services or delivery
of the Deliverables is conditioned.
Any provision of a SOW that deems any Deliverable developed by Service Provider to be
a “work for hire” or the property of Customer will be contingent upon payment to Service
Provider of all amounts properly invoiced to Customer pursuant to the applicable SOW.
2.5. No Software Delivery Obligation. Service Provider has no software delivery obligation
and will not ship copies of any of the Service Software used to provide the SaaS Services
to Customer as a part of the SaaS Services. Upon the end of the Service Order,
Customer’s right to access or use the Service Software specified in the Service Order and
the SaaS Services will terminate.
2.6. Use of Subcontractors. Service Provider may from time to time in Service Provider’s
discretion engage third parties to perform Services (each, a “Subcontractor”).
2.7. Designation of Responsible Contacts. Customer will provide Service Provider with
current appropriate contact information such that Service Provider may communicate
maintenance notifications, outages, support items and other communications under this
Agreement to Customer on an ongoing basis.
3. Customer Obligations
3.1. Customer Systems and Cooperation. Customer, at all times during the Term to the extent
applicable for the specific Service Order, will: (a) set up, maintain and operate in good
repair and in accordance with the Documentation all Customer Systems on or through
which the Services are accessed or used; (b) provide Service Provider with such access to
Customer Systems as is necessary for Service Provider to perform the Services in
accordance with the Availability Requirement as provided in the Service Level
Agreement; and (c) provide all cooperation and assistance as Service Provider may
reasonably request to enable Service Provider to exercise Service Provider’s rights and
perform Service Provider’s obligations under and in connection with this Agreement.
3.2. Effect of Delay. Neither party is responsible or liable for the portion of any delay or
failure of performance caused in whole or in part by the other party’s delay in
performing, or failure to perform, any of Customer’s obligations under this Agreement.
3.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened
activity prohibited by Section 3.4, Customer shall, and shall cause its Authorized Users
to, immediately: (a) take all reasonable and lawful measures within r respective control of
Customer and its Authorized Users that are necessary to stop the activity or threatened
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activity and to mitigate the effects of such activity (including, where applicable, by
discontinuing and preventing any unauthorized access to the Services and Service
Provider Materials and permanently erasing from Authorized Users’ systems and
destroying any data to which any of the Authorized Users have gained unauthorized
access); and (b) notify Service Provider of any such actual or threatened activity.
3.4. Suspension or Termination of Services. Service Provider may, directly or indirectly,
suspend, terminate or otherwise deny Customer's, any Authorized User's or any other
third party’s access to or use of all or any part of the Services or Service Provider
Materials, without incurring any resulting obligation or liability, if: (a) Service Provider
receives a judicial or other governmental demand or order, subpoena or law enforcement
request that expressly or by reasonable implication requires Service Provider to do so; or
(b) Service Provider believes, in its good faith and reasonable discretion, that: (i)
Customer or any Authorized User has failed to comply with, any term of this Agreement,
or accessed or used the Services beyond the scope of the rights granted or for a purpose
not authorized under this Agreement or in any manner that does not comply with any
instruction or requirement of the Documentation; (ii) Customer or any Authorized User
is, has been, or is likely to be involved in any fraudulent, misleading or unlawful
activities relating to or in connection with any of the Services; or (iii) this Agreement
expires or is lawfully terminated pursuant to its terms. This Section 3.4 does not limit any
of Provider's other rights or remedies, whether at law, in equity or under this Agreement.
4. Authorization and Restrictions.
4.1. Authorization. Subject to and conditioned on Customer’s payment of the Fees and
compliance and performance in accordance with all other terms and conditions of this
Agreement, Service Provider hereby authorizes Customer, to access and use, solely in
the Territory during the Term, the Services and such Service Provider Materials as
Service Provider may supply or make available to Customer for the Permitted Uses by
and through Authorized Users in accordance with the Documentation and the conditions
and limitation set forth in this Agreement or any Service Order. In addition, Customer is
authorized to:
(a) generate, print, copy, upload, download, store and otherwise Process all GUI,
audio, visual, digital and other output, displays and other content as may result
from any access to or use of the SaaS Services;
(b) prepare, reproduce, print, download and a reasonable number of copies of
Documentation as may be necessary or useful for any Permitted Uses of the SaaS
Services under this Agreement;
(c) access and use the SaaS Services for production uses and applications as may be
necessary or useful for the effective use of the SaaS Services for the Permitted
Uses hereunder; and
(d) perform, display, execute, and reproduce and distribute and otherwise make
available to Authorized Users, any Service Provider Materials solely to the extent
necessary to access or use the SaaS Services in accordance with the terms and
conditions of this Agreement.
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4.2. Authorization Limitations and Restrictions. Customer will not and will not permit any
other Person to access or use the Servicers or Service Provider Materials except as
expressly permitted by this Agreement and/or any Service Order and, in the case of
Third-Party Materials, the applicable third-party license agreement. For purposes of
clarity and without limiting the generality of the foregoing, Customer shall not, except as
this Agreement or any Service Order expressly permits:
(a) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise
make the Services or Service Provider Materials available to any third party that
is not an Authorized User;
(b) copy, modify or create derivative works or improvements of the Services or
Service Provider Materials;
(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to
derive or gain access to the source code of the Services or Service Provider
Materials, in whole or in part;
(d) bypass or breach any security device or protection used by the Services or
Service Provider Materials or access or use the Services or Service Provider
Materials other than by an Authorized User through the use of his or her own
then valid Access Credentials;
(e) use or authorize the use of the Services or Documentation in any manner or for
any purpose that is unlawful under applicable Law.
(f) remove, delete, alter or obscure any trademarks, Documentation, warranties or
disclaimers, or any copyright, trademark, patent or other intellectual property or
proprietary rights notices from any Services or Service Provider Materials,
including any copy thereof;
(g) access or use the Services or Service Provider Materials in any manner or for any
purpose that infringes, misappropriates or otherwise violates any Intellectual
Property Right or other right of any third party, or that violates any applicable
Law;
(h) access or use the Services or Service Provider Materials for purposes of
competitive analysis of the Services or Service Provider Materials, the
development, provision or use of a competing software service or product or any
other purpose that is to the Service Provider's detriment or commercial
disadvantage; or
(i) otherwise access or use the Services or Service Provider Materials beyond the
scope of the authorization provided in this Agreement or in any applicable
Service Order.
4.3. Excess Use. If Customer's use of the SaaS Services exceeds the volume of use authorized
in the applicable Service Order (including as to the number of Endpoints), Customer will
pay Service Provider the Fees attributable to the excess use in accordance with the
applicable Service Order.
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4.4. Non-Interference with Service Provider’s Customers. Customer agrees that its use of the
SaaS Services shall not restrict, inhibit, interfere with, or degrade other Service Provider
customer’s use of the SaaS Services (such as running custom queries against the
database). If Customer’s use of the SaaS Services violates such restrictions as determined
by Service Provider, Service Provider may suspend or limit the SaaS Services of
Customer that is causing the degradation of the services without penalty. In addition,
Service Provider shall have the right to implement controls necessary to stop or limit
future occurrences of a similar nature.
5. Term and Termination
5.1. Term. This Agreement will begin on the Effective Date and will remain in full force and
effect until one (1) year thereafter (“Initial Term”) unless terminated by either party for
cause, as described in Section 5.4, “Termination for Cause,” in which case this
Agreement and all Service Orders/SOWs will also be terminated. Except in the case of
termination for breach by Service Provider, within thirty (30) days’ of the date of
termination, Customer must pay all amounts remaining unpaid for SaaS Services
provided prior to the effective date of termination, plus related taxes and expenses.
5.2. Term of Service Orders/SOWs. Each Service Order/SOW will remain in effect until the
earlier to occur of: a) termination of such Service Order/SOW by either party for cause as
described in Section 5.4 below; b) termination of such Service Order/SOW upon mutual
written consent of the Parties; or c) expiration of the Service Order Term or completion
of all Services and the delivery of all Deliverables required under the Service
Order/SOW.
5.3. Renewal. Upon expiration of the Initial Term, this Agreement shall automatically renew
for successive one (1) year periods (each a “Renewal Term” and together with the Initial
Term, the “Term”), unless a party provides the other party with written notice of its
intent not to renew this Agreement at least ninety (90) days prior to the expiration of the
then current Term.
5.4. Termination for Cause. A party may terminate a Service Order/SOW and this Agreement
if:
(a) the other party is in default of a material obligation under the applicable Service
Order/SOW or this Agreement, and such default has not been cured within thirty
(30) calendar days after receipt of written notice (specifying the default) from the
non-defaulting party. If the default specified in such notice is cured within the
thirty (30) day period, the Service Order/SOW and Agreement will remain in
effect; or
(b) the non-terminating party enters into liquidation (apart from a solvent liquidation
for the purposes of amalgamation or reconstruction) or is dissolved or declared
bankrupt or has a receiver, administrator or administrative receiver appointed
over all or part of its assets or enters into an arrangement with its creditors or
takes or suffers any similar action.
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5.5. Survival. The terms, conditions and warranties contained in this Agreement that by their
sense and context are intended to survive the performance thereof by either party
hereunder will so survive the completion of the performance, cancellation or termination
of this Agreement, including without limitation, Confidentiality, Infringement and
Limited Warranties.
6. Fees and Expenses.
6.1. Fees. Customer agrees to pay for all services ordered as set forth in the applicable Service
Order or SOW (the “Fees”). All Fees are due thirty (30) days from the date of invoice.
Any Fees not paid within thirty (30) days after the date on which Customer receive an
invoice (the “Due Date”) will accrue interest on the overdue balance from the Due Date
at the rate of one and one-half percent (1.5%) per month, or the maximum lawful rate
allowable under applicable law, whichever is lower.
6.2. Fees During Renewal Terms. Service Provider's Fees are fixed during the Initial Term.
Service Provider fees for Renewal Terms shall escalate annually as of each anniversary
of the Effective Date of the Service Order by the amount of the increase in the Consumer
Price Index – All Urban Consumers of the Bureau of Labor Statistics of the U.S.
Department of Labor for U.S. for All Items with Base Years 1982-1984=100. Those
increases will be measured applying the twelve (12) month period ending in the month
for which the most recent index results are available as of that anniversary of the
Effective Date.
6.3. Reimbursable Expenses. If a Service Order and/or SOW permits reimbursement of
expenses by Customer (“Reimbursable Expenses”), Service Provider will be reimbursed
for those reasonable expenses, at cost. In addition, if there are any system communication
fees that are incurred by Service Provider (i.e. long distance charges), Service Provider
will invoice Customer monthly for the communications fees, which Customer agrees to
pay.
6.4. Taxes. Customer is exclusively responsible for the payment of all sales and use, value
added, duties, tariffs or other similar charges or taxes on the SaaS Services, other than
taxes based upon Service Provider’s income. All amounts set forth in an applicable
Service Order/SOW are exclusive of taxes and taxes are not included in the Fees.
Applicable taxes payable by Customer will be separately itemized of invoices sent to
Customer.
6.5. Invoices. Service Provider will invoice Customer for all Service Orders at the start of
Initial Term and at least thirty (30) days prior to the start of any Renewal Term. Fees for
time and materials SOW’s and Reimbursable Expenses shall be issued monthly in arrears
based on expenses incurred in the previous month. Fees for fixed bid SOW’s shall be
invoiced upon completion of the milestone as set forth in the applicable SOW. All
Invoices shall be issued in electronic format, via such delivery means and to such address
as are specified by Customer in writing from time to time. If more than one Service Order
and/or SOW is in effect, Service Provider may provide an aggregate invoice for all
amounts invoiced, together with separate invoices for each Service Order or SOW. Each
separate invoice will: (a) clearly identify the Service Order or SOW to which it relates;
(b) list each Fee item and Reimbursable Expense separately; (c) include sufficient detail
for each line item to enable Customer to verify the calculation thereof; (d) for Fees
determined on a time and materials basis, report details of time taken to perform Services
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on a per-individual basis; (e) be accompanied by all supporting documentation required
hereunder for Reimbursable Expenses; and (f) include such other information as may be
required by Customer as set forth in the applicable Service Order or SOW. If Customer
validly disputes any invoiced amount it shall pay the undisputed amounts and provide
written notice of the basis of that dispute to Service Provider within thirty (30) days
following delivery of that invoice. The parties will work diligently, promptly and in good
faith to resolve any such disputes.
7. Ownership and Restrictions.
7.1. Ownership of Customer Data. As between Customer and Service Provider and its
Subcontractors, Customer is and will remain the sole and exclusive owner of all right,
title and interest in and to all Customer Data, including all Intellectual Property Rights
relating thereto, subject only to the limited license granted in Section 7.2.
7.2. Limited License to Use Customer Data. During the Term of this Agreement and subject
to the terms and conditions of this Agreement, Customer hereby grants Service Provider a
limited, royalty-free, fully-paid up, non-exclusive, non-transferable and non-
sublicensable license to Process the Customer Data in the United States as instructed by
Customer or an Authorized User and solely as necessary to provide the SaaS Services for
Customer's benefit as provided in this Agreement.
7.3. Reservation of Rights. Nothing in this Agreement grants any right, title or interest in or to
(including any license under) any Intellectual Property Rights in or relating to, the
Services, Service Provider Materials and Documentation or Third Party Materials,
whether expressly, by implication, estoppel or otherwise. All right, title and interest in
and to the Services, the Service Provider Materials and the Third Party Materials are and
will remain with Service Provider and the respective rights holders in any such materials.
8. Confidentiality.
8.1. Obligation of Confidentiality. In the course of performing under this Agreement, each
party may disclose to the other party material, non-public information, including but not
limited to, algorithms, codes, formulas, methodology, design, process, structure, format,
documents, documentation, manuals, technical information, specifications, source code,
costs and pricing (“Confidential Information”). Each party agrees to hold the
Confidential Information of the other party in strict confidence, to use reasonable
measures which will be no less restrictive than the measures used by the receiving party
to protect its own confidential and proprietary information, and not to disclose or use
such Confidential Information except as contemplated by this Agreement.
8.2. Notwithstanding anything to the contrary in the foregoing, each party may disclose
Confidential Information to an Affiliate of the receiving party provided that such Affiliate
has agreed in writing to protect the confidentiality of such Confidential Information in a
manner substantially equivalent to that required of such party under this Agreement. Each
party will require its personnel to agree to do likewise. Confidential Information
disclosed whether orally or in a tangible form will be marked or indicated as
“Confidential” or “Proprietary” at the time of disclosure. These restrictions will not be
construed to apply to (a) information generally available to the public; (b) information
released by a party to the public generally without restriction; (c) information
independently developed or acquired by a party or its personnel without reliance in any
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way on other protected information of the disclosing party; or (d) information expressly
approved for use and disclosure without restriction. Notwithstanding the foregoing
restrictions, a party and its personnel may use and disclose any information (e) to the
extent required by an order of any court or other governmental authority; or (f) as
necessary for it or them to protect such party’s interest in this Agreement, but in each
case only after the disclosing party has been so notified and has had the opportunity, if
possible, to obtain reasonable protection for such information in connection with such
disclosure.
8.3. Term of Confidentiality. The obligation of confidentiality will continue for a period of
five (5) years from the date of disclosure of the information; provided, however, that for
any trade secret the obligation of confidentiality will continue and survive until such
information is no longer a trade secret under applicable law.
8.4. Customer Data Exception. Notwithstanding the provisions of Section 8.1 or any other
provisions of this Agreement, none of the exclusions set forth in Section 8.1 apply to any
Customer Data.
8.5. Data Privacy and Security
(a) Undertaking by Service Provider. Without limiting Service Provider’s obligation
of confidentiality as further described herein, Service Provider will use
commercially reasonable efforts to establish and maintain a data privacy and
information security program, including physical, technical, administrative, and
organizational safeguards, that is designed to: (a) ensure the security and
confidentiality of the Customer Data; (b) protect against any anticipated threats
or hazards to the security or integrity of the Customer Data; (c) protect against
unauthorized disclosure, access to, or use of the Customer Data; (d) ensure the
proper disposal of Customer Data; and, (e) ensure that all employees, agents, and
subcontractors of Service Provider, if any, comply with all of the foregoing.
(b) Unauthorized Access. Service Provider will use commercially reasonable efforts
to prohibit access to Customer Systems, in whole or in part, whether through
Service Provider's Systems or otherwise.
(c) Service Provider Systems. Service Provider will be responsible for the security,
management and maintenance of information technology infrastructure,
including all computers, software, databases, electronic systems (including
database management systems) and networks used by or for Service Provider to
access the Customer Systems or otherwise in connection with the SaaS Services
(“Service Provider Systems”).
9. Indemnification.
9.1. Service Provider’s Indemnification Obligations. Service Provider will indemnify and
defend Customer and its Affiliates and their respective officers, directors, employees,
shareholders and members from and against any losses, claims, penalties, fines,
judgments, damages, liabilities or expenses, including reasonable attorneys’ fee
(“Losses”), or threatened Losses arising out of third party claims relating to, incurred in
connection with, or based upon any claim, threatened claim, suit, action or proceeding
(“Claim”) made against Customer:
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(a) that that the Services infringe any Intellectual Property Rights of a third party
enforceable in the U.S. (“Infringement Claim”); or
(b) any claim for bodily injury or death of any individual, or the loss, damage or
destruction of any real or personal property, resulting from the willful, negligent,
reckless, fraudulent or intentional acts or omissions of Service Provider or its
Subcontractor.
9.2. Indemnification Limitations. Service Provider will have no liability or obligation for any
Losses to the extent that such Loss arises out of or results from any:
(a) alteration or modification of the SaaS Services by or on behalf of Customer or
any Authorized User without Service Provider's authorization (each, a
“Customer Modification”), provided that no infringement, misappropriation or
other violation of third party rights would have occurred without such Customer
Modification and provided further that any alteration or modification made by or
for Service Provider at Customer's request will not be excluded from Service
Provider's indemnification obligations hereunder unless (i) such alteration or
modification has been made pursuant to Customer's written specifications and (ii)
the SaaS Services, as altered or modified in accordance with the Customer's
specifications, would not have violated such third party rights but for the manner
in which the alteration or modification was implemented by or for Service
Provider;
(b) Customer’s access to or use of the SaaS Services that is expressly prohibited by
this Agreement or otherwise outside the scope of access or manner or purpose of
use described or contemplated anywhere in this Agreement, the Documentation
or the applicable Service Order; or
(c) breach of this Agreement by Customer or noncompliance herewith by any
Authorized User.
9.3. Customer’s Indemnification Obligations. Customer will indemnify and defend Service
Provider, its Subcontractors, Affiliates and such person’s respective officers, directors,
employees, shareholder and members from and against Losses arising out of a Claim
made against Service Provider relating to, incurred in connection with, or based upon:
(a) Customer’s use of the SaaS Services in breach of this Agreement; or
(b) any Infringement Claim asserted by any third party based upon Customer
materials provided to Service Provider; or
(c) any claim for bodily injury or death of any individual, or the loss, damage or
destruction of any real or personal property, resulting from the willful, negligent,
reckless, fraudulent or intentional acts or omissions of Customer.
9.4. Indemnification Procedure. The party seeking indemnification (the “Indemnified
Party”) will promptly notify the other party (“Indemnifying Party”) in writing of any
Claims for which it seeks indemnification pursuant to this Section 9 and reasonably
cooperate with the Indemnifying Party at the Indemnifying Party's sole cost and expense.
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The Indemnifying Party will immediately take control of the defense and investigation of
such Claim and will employ counsel reasonably acceptable to the other party to handle
and defend the same, at the Indemnifying Party's sole cost and expense. The
Indemnifying Party will not settle any Claim on any terms or in any manner that
adversely affects the rights of the other party or any Indemnitee without the other party's
prior written consent, which will not be unreasonably withheld or delayed. The other
party and any Indemnitee may participate in and observe the proceedings at its own cost
and expense with counsel of its own choosing. A party's failure to perform any
obligations under this Section 9.4 will not relieve the Indemnifying Party of its
obligations herein except to the extent that the Indemnifying Party can demonstrate that it
has been prejudiced as a result of such failure.
9.5. Option. In addition to the foregoing indemnification obligations, if all or any part of the a
SaaS Services is subject to an Infringement Claim, Service Provider may, at its discretion
and expense, take the following actions:
(a) Procure for Customer the right to continue using the SaaS Services; or
(b) Modify or replace the allegedly infringing aspect of the SaaS Services to make it
non-infringing, provided, however, that such modification or replacement will
not degrade the operation or performance of the SaaS Services.
(c) If neither of the remedies set forth in this Section 9.5 is reasonably available with
respect to the Infringement Claim features then Service Provider may direct
Customer to cease any use of any materials that have been enjoined or finally
adjudicated as infringing, provided that Service Provider will refund to Customer
any prepaid Fees for SaaS Services that have not been provided.
(d) Excluding the indemnity obligation owed by Service Provider to Customer, the
remedies set forth in this Section 9.5 are Customer’s exclusive remedies with
respect to any Infringement Claim.
9.6. Indemnification Procedure. The party seeking indemnification will promptly notify the
Indemnifying Party in writing of any Claims for which such party seeks indemnification
pursuant to this Section 9 and cooperate with the Indemnifying Party at the Indemnifying
Party's sole cost and expense. The Indemnifying Party will immediately take control of
the defense and investigation of such Claim and will employ counsel reasonably
acceptable to the other party to handle and defend the same, at the Indemnifying Party's
sole cost and expense. The Indemnifying Party will not settle any Claim on any terms or
in any manner that adversely affects the rights of the other party or any Indemnitee
without the other party's prior written consent, which will not be unreasonably withheld
or delayed. The other party and any Indemnitee may participate in and observe the
proceedings at its own cost and expense with counsel of its own choosing. A party's
failure to perform any obligations under this Section 9.6 will not relieve the
Indemnifying Party of its obligations herein except to the extent that the Indemnifying
Party can demonstrate that it has been prejudiced as a result of such failure.
10. Limitations of Liability.
10.1. EXCLUSION OF INDIRECT DAMAGES. TO THE FULLEST EXTENT PERMITTED
BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR THE
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FOLLOWING TYPES OF LOSS: LOSS OF PROFITS OR REVENUE; LOSS OF
BUSINESS OR GOODWILL, OR BUSINESS INTERRUPTION, OR ANY INDIRECT,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS
AGREEMENT, A SERVICE ORDER/SOW OR THE PERFORMANCE OR BREACH
THEREOF, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY,
EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBLITIES OF SUCH
CLAIM.
10.2. CAP ON DIRECT DAMAGES. EXCEPT FOR DAMAGES ARISING OUT OF OR
RELATING TO A PARTY’S INDEMNIFICATION OBLIGATIONS, BREACH OF
CONFIDENTIALITY OBLIGATIONS, OR UNDER OR ANY OTHER LIABILITY
WHICH MAY NOT BE EXCLUDED BY LAW, EACH PARTY’S AGGREGATE
LIABILITY TO THE OTHER PARTY ARISING UNDER OR IN RELATION TO
THIS AGREEMENT, A SERVICE ORDER/SOW (OTHER THAN CUSTOMER’S
OBLIGATION TO PAY FEES) WILL BE LIMITED TO THE LESSER OF ACTUAL
DIRECT DAMAGES OR THE ACTUAL FEES PAID BY CUSTOMER TO SERVICE
PROVIDER UNDER THE AFFECTED SERVICER ORDER/SOW DURING THE
TWELVE (12) MONTH PERIOD PRIOR TO ANY INCIDENT UNDER WHICH OR
IN RELATION TO WHICH THE LIABILITIY ARISES. THE EXCLUSIONS AND
LIMITATIONS WILL NOT APPLY TO LOSSES ARISING OUT OF OR RELATING
TO A PARTY'S GROSS NEGLIGENCE OR MORE CULPABLE CONDUCT,
INCLUDING ANY WILLFUL MISCONDUCT OR INTENTIONAL WRONGFUL
ACTS.
11. Representations and Limited Warranties.
11.1. Mutual Representations and Warranties. Each party represents and warrants to the other
party that:
(a) it is duly organized, validly existing and in good standing as a corporation or
other entity as represented herein under the laws and regulations of its
jurisdiction of incorporation, organization or chartering;
(b) it has, and throughout the Term and any Renewal Terms during which it does or
is required to perform the SaaS Services will retain, the full right, power and
authority to enter into this Agreement and perform its obligations hereunder;
(c) the execution of this Agreement by its representative whose signature is set forth
at the end hereof has been duly authorized by all necessary corporate/ action of
the party; and
(d) when executed and delivered by such party, this Agreement will constitute the
legal, valid and binding obligation of such party, enforceable against such party
in accordance with the Agreement terms, except as the enforceability thereof may
be limited by bankruptcy and similar Laws affecting creditors' rights generally
and by general equitable principles.
11.2. Additional Service Provider Warranties. Service Provider represents, warrants and
covenants to Customer that:
(a) it is in the business of providing the SaaS Services;
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(b) it is the lawful licensee or owner of the SaaS Services (excluding any Customer
Data therein) and has all the necessary rights in the SaaS Services to grant the use
of the SaaS Services to Customer;
(c) the Service Software and Services will in all material respects conform to and
perform in accordance with the Documentation and all requirements of this
Agreement ;
(d) it will use its best efforts to ensure that no Disabling Code is introduced into
Customer’s computing and network environment by the SaaS Services; and
(e) it will perform all Services in a timely, professional and workmanlike manner
with a level of care, skill, practice and judgment consistent with generally
recognized industry standards and practices for similar services, using personnel
with the requisite skill, experience and qualifications, and will devote adequate
resources to meet Service Provider's obligations under this Agreement.
11.3. Additional Customer Warranty. Customer represents, warrants and covenants to Service
Provider that:
(a) Customer owns or otherwise has and will have the necessary rights and consents
in and relating to the Customer Data so that, as received by Service Provider and
Processed in accordance with this Agreement, Customer does not and will not
infringe, misappropriate or otherwise violate any Intellectual Property Rights, or
any privacy or other rights of any third party or violate any applicable Law.
(b) prior to Customer’s delivery to Service Provider of any Customer Data that is
outside of the Service Providers Systems, Customer shall use current industry
state-of-the-art anti-virus measures to detect, prevent and remove Disabling
Code, and to prevent the spread of Disabling Code between the Parties when
accessing and/or exchanging data or software through the Interfaces or any other
network connectivity.
11.4. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES
SET FORTH HEREIN, ALL SERVICES AND SERVICE PROVIDER MATERIALS
ARE PROVIDED “AS IS” AND SERVICE PROVIDER HEREBY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND
PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF
DEALING, USAGE OR TRADE PRACTICE. ALL THIRD-PARTY MATERIALS
ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR
CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN
CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE
THIRD-PARTY MATERIALS.
12. Insurance.
12.1. Service Provider will, at its own expense, procure and maintain in full force and effect
during the term of this Agreement, policies of insurance, of the types and in the minimum
amounts as follows, with responsible insurance carriers duly qualified in those states
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(locations) where the SaaS Services are to be performed, covering the operations of
Service Provider, pursuant to this Agreement: commercial general liability ($1,000,000
per occurrence, $1,000,000 aggregate); excess liability ($2,000,000 per occurrence,
$2,000,000 aggregate); workers’ compensation (statutory limits) and employers’ liability
($500,000 per accident); and, professional liability ($1,000,000 per occurrence,
$1,000,000 aggregate). At Customer’s request, Customer will be included, via blanket
endorsement, as an additional insured in such policies, excluding workers’ compensation
and professional liability, which will contain standard cross liability clauses. At
Customer’s Request, Service Provider will provide Customer with certificates of
insurance evidencing all of the above coverage and will provide Customer with
certificates of insurance evidencing renewal or substitution of such insurance upon the
effective date of such renewal or substitution.
13. Force Majeure.
13.1. Force Majeure Events. Neither party will be liable in damages or have the right to
terminate this Agreement for any reasonable delay or default in performing under this
Agreement if such delay or default is caused by conditions beyond the party’s reasonable
control, including without limitation acts of God, natural disasters, war or other
hostilities, labor disputes, civil disturbances, governmental acts, orders or regulations or
failures or fluctuations in electrical power, heat, lights, air conditioning or
telecommunications equipment (each of the foregoing, a “Force Majeure Event”),
provided that the non-performing party is without fault in causing such condition. Subject
to the party so delaying promptly notifying the other party in writing of the reason for the
delay and the likely duration of the delay, the performance of the delaying party’s
obligations, to the extent affected by the delay, will be temporarily suspended during the
reasonable period of time that the cause persists, provided that if performance is not
resumed within thirty (30) days after that notice, the non-delaying party may by notice in
writing immediately terminate this Agreement.
14. General Provisions.
14.1. Compliance with Laws/Export. The Parties will comply with all applicable Laws,
regulations and codes, including procurement of permits and licenses, when needed, of
their respective states, territories, and/or countries in the performance of this Agreement,
provided such is not in violation of the U.S. Government’s Export and Anti-boycott
Rules and Regulations. The SaaS Services and Deliverables and related technical
information, documents and materials are subject to export controls under the U.S.
Export Administration Regulations and other applicable laws. Customer will (a) comply
strictly with all legal requirements established under these controls; (b) cooperate fully
with Service Provider in any audit or inspection that relates to these controls; and (c) not
export, re-export, divert or transfer, directly or indirectly, any such item to any country or
person who or which is embargoed by Executive Order or any applicable law, including
any rules, regulations or policies promulgated thereunder.
14.2. Further Assurances. Each party will, upon the reasonable request, and at the sole cost and
expense, of the other party, promptly execute such documents and perform such acts as
may be necessary to give full effect to the terms of this Agreement.
14.3. Relationship of the Parties. The relationship between the parties is that of independent
contractors. Nothing contained in this Agreement will be construed as creating any
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agency, partnership, joint venture or other form of joint enterprise, employment or
fiduciary relationship between the parties, and neither party will have authority to
contract for or bind the other party in any manner whatsoever.
14.4. Notices. All notices, requests, consents, claims, demands, waivers and other
communications hereunder , other than routine communications having no legal effect,
will be in writing and addressed to the parties as follows (or as otherwise specified by a
party in a notice given in accordance with this Section):
If to Service Provider:
Landis+Gyr Technology, Inc.
3000 Mill Creek Avenue, Suite 100
Alpharetta, GA 30022
Attn: Legal Department
Facsimile: 678.258.1686
If to Customer:
City of Grand Island Utilities
1116 W. N. Front Street
Grand Island, NE 68801
Attn: Bryan Fiala
Facsimile:
Notices sent in accordance with this Section 14.4 will be deemed effectively given: (a)
when received, if delivered by hand (with written confirmation of receipt); (b) when
received, if sent by a nationally recognized overnight courier (receipt requested); (c) on
the date sent by facsimile with confirmation of transmission), if sent during normal
business hours of the recipient, and on the next business day, if sent after normal business
hours of the recipient; or (d) on the fifth (5th) day after the date mailed, by certified or
registered mail, return receipt requested, postage prepaid.
14.5. Interpretation. For purposes of this Agreement: (a) the words “include,” “includes” and
“including” are deemed to be followed by the words “without limitation”; (b) the word
“or” is not exclusive; [and] (c) the words “herein,” “hereof,” “hereby,” “hereto” and
“hereunder” refer to this Agreement as a whole; and all personal pronouns, whether used
in the feminine, masculine, or neuter gender, include all other genders and the singular
will include the plural and vice versa. Unless the context otherwise requires, references
herein: (x) to Sections, Schedules and Exhibits refer to the sections of, and schedules and
exhibits attached to, this Agreement; (y) to an agreement, instrument or other document
(including this Agreement) means such agreement, instrument or other document as
amended, supplemented and modified from time to time to the extent permitted by the
provisions thereof, and together with all schedules and exhibits thereto; and (z) to a
statute means such statute as amended from time to time and includes any successor
legislation thereto and any regulations promulgated thereunder. The Schedules and
Exhibits referred to herein will be construed with, and as an integral part of, this
Agreement to the same extent as if such Schedules and Exhibits were set forth verbatim
herein.
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14.6. Headings. The headings in this Agreement are for reference only and will not affect the
interpretation of this Agreement.
14.7. Entire Agreement. This Agreement, including all Service Orders and other Schedules and
Exhibits and any other documents, agreements or instruments incorporated by reference
herein, constitutes the sole and entire agreement of the parties to this Agreement with
respect to the subject matter contained herein, and supersedes all prior and
contemporaneous understandings and agreements, both written and oral, and all
subsequent oral understandings and agreements with respect to such subject matter. In the
event of any conflict between the terms of this Agreement and those of any Schedule,
Exhibit or other document, the following order of precedence will govern: (a) first, this
Agreement, excluding its Exhibits and Schedules; (b) second, the Exhibits and Schedules
to this Agreement as of the Effective Date; and (c) third, any other documents,
instruments or agreements incorporated herein by reference. This Agreement and all
Service Orders take precedence over any purchase order issued by Customer, which may
be accepted by Service Provider for administrative convenience only.
14.8. Assignment. Neither party will assign or otherwise transfer any of its rights, or delegate
or otherwise transfer any of its obligations or performance, under this Agreement without
the other party's prior written consent, which consent will not unreasonably be withheld
or delayed. Any purported assignment, delegation or transfer in violation of this Section
14.8 is void. This Agreement is binding upon and inures to the benefit of the parties
hereto and their respective permitted successors and assigns.
14.9. No Third-party Beneficiaries. This Agreement is for the sole benefit of the parties hereto
and their respective permitted successors and permitted assigns and nothing herein,
express or implied, is intended to or will confer on any other person or entity any legal or
equitable right, benefit or remedy of any nature whatsoever under or by reason of this
Agreement.
14.10. Amendment and Modification; Waiver. This Agreement may only be amended, modified
or supplemented by an agreement in writing signed by each party hereto. No waiver by
any party of any of the provisions hereof will be effective unless explicitly set forth in
writing and signed by the party so waiving. Except as otherwise set forth in this
Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or
privilege arising from this Agreement will operate or be construed as a waiver thereof;
nor will any single or partial exercise of any right, remedy, power or privilege hereunder
preclude any other or further exercise thereof or the exercise of any other right, remedy,
power or privilege.
14.11. Severability. If any term or provision of this Agreement is invalid, illegal or
unenforceable according to Law, such invalidity, illegality or unenforceability will not
affect any other term or provision of this Agreement or invalidate or render
unenforceable such term or provision. Upon such determination that any term or other
provision is invalid, illegal or unenforceable, the parties hereto will negotiate in good
faith to modify this Agreement so as to effect the original intent of the parties as closely
as possible in a mutually acceptable manner in order that the transactions contemplated
hereby be consummated as originally contemplated to the greatest extent possible.
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14.12. Governing Law; Submission to Jurisdiction.
(a) This Agreement and all related documents, and all matters arising out of or
relating to this Agreement, are governed by, and construed in accordance with,
the laws of the State of Georgia, without regard to Georgia’s conflict of laws
principles. The Uniform Computer Information Transactions Act does not have
any application to this Agreement.
(b) Any legal suit, action or proceeding arising out of or related to this Agreement or
the licenses granted hereunder will be instituted exclusively in the federal courts
of the United States or the courts of the State of Georgia in each case located in
Fulton County, and each party irrevocably submits to the exclusive jurisdiction of
such courts in any such suit, action or proceeding. Service of process, summons,
notice or other document by mail to such party's address set forth herein will be
effective service of process for any suit, action or other proceeding brought in
any such court.
14.13. Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right it may
have to a trial by jury in respect of any legal action arising out of or relating to this
Agreement or the transactions contemplated hereby.
14.14. Equitable Relief. The Parties will be entitled to seek injunctive or other equitable relief
whenever the facts or circumstances would permit a party to seek equitable relief in a
court of competent jurisdiction.
14.15. Attorneys' Fees. In the event that any action, suit, or other legal or administrative
proceeding is instituted or commenced by either party hereto against the other party
arising out of or related to this Agreement, the prevailing party will be entitled to recover
its reasonable attorneys' fees, expert witness fees and out-of-pocket and court costs from
the non-prevailing party.
14.16. Limitations on Actions. No actions, regardless of form, arising from the transactions
under this Agreement, may be brought by either party more than two (2) years after the
cause of action has accrued.
14.17. Schedules and Exhibits. All Exhibits that are referenced herein and attached hereto, or are
signed by both parties on or after the Effective Date, are hereby incorporated by
reference. The following Schedules and Exhibits are attached hereto and incorporated
herein:
Schedule A Service Level Agreement
Schedule B Service Order; Pricing
14.18. Counterparts. This Agreement may be executed in counterparts, each of which will be
deemed an original, but all of which together will be deemed to be one and the same
agreement and will become effective and binding upon the parties as of the Effective
Date at such time as all the signatories hereto have signed a counterpart of this
Agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other
means of electronic transmission (to which a signed PDF copy is attached) will be
deemed to have the same legal effect as delivery of an original signed copy of this
Agreement.
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Main SaaS Agreement Page 20
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
Effective Date by their duly authorized representatives.
Landis+Gyr Technology, Inc.
Customer
By: _____________________
Name: _____________________
Title: _____________________
Date: _____________________
By: _____________________
Name: _____________________
Title: _____________________
Date: _____________________
Rebecca Lorentz
Director Order Fulfillment
April 20, 2016
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SaaS Agreement Schedule A Page 1
SCHEDULE A
SERVICE LEVEL AGREEMENT
Service Provider shall provide Customer with Service Levels on the terms and conditions set forth in this
Schedule and the Software as a Service (SaaS) Agreement dated as of the Effective Date, by and between
City of Grand Island Utilities and Landis+Gyr Technology, Inc. (“Main Agreement”). All capitalized
terms that are not defined in this Schedule shall have the respective meanings given to such terms in the
Main Agreement.
1. Definitions. For purposes of this Schedule the following terms have the meanings set forth below.
“Error” means any reproducible failure of the Service Software to operate in all material
respects in accordance with the Documentation and, to the extent consistent with and not limiting
of the Documentation, including any problem, failure or error referred to in the Service Level
Table.
“Service Levels” means the defined Error severity levels and corresponding required service
level responses and response times referred to in the Service Level Table.
“Service Level Table” means the table set out in Section 2.4.
“Support Period” means the Service Order Term as set forth in the applicable Service Order.
2. Availability Requirement. Subject to the terms and conditions of the Main Agreement and this
Schedule, Service Provider will use commercially reasonable efforts to make the SaaS Services
Available, as measured over the course of each calendar month during the Support Period and any
additional periods during which Service Provider does or is required to perform any SaaS
Services (each such calendar month, a “Service Period”), at least 99.5% of the time, excluding
only the time the SaaS Services are not Available solely as a result of one or more Exceptions
(“Availability Requirement”). “Available” means the SaaS Services are available and operable
for normal access and use by Customer and its Authorized Users over the Internet in material
conformity with the Documentation.
2.1. Exceptions. No period of SaaS Service degradation or inoperability will be included in
calculating Availability to the extent that such downtime or degradation is due to any of
the following (“Exceptions”):
a. Customer's misuse of the SaaS Services;
b. failures of Customer's or its Authorized Users' Internet connectivity;
c. internet or other network traffic problems other than problems arising in or from
networks actually or required to be provided or controlled by Service Provider or its
Subcontractor; or
d. Customer's or any of its Authorized Users' failure to meet any minimum hardware or
software requirements set forth in the Documentation.
e. Force Majeure Event
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SaaS Agreement Schedule A Page 2
f. Failure, interruption, outage or other problem with any software, hardware, system,
network, facility or other matter not supplied by Service Provider pursuant to the
Main Agreement or this Schedule.
g. Scheduled Downtime; or
h. disabling, suspension or termination of the Services pursuant to Section 3.4 of the
Main Agreement.
3. Support Services. Service Provider will provide SaaS Service maintenance and support services
(collectively, “Support Services”) during the support hours throughout the Support Period in
accordance with the terms and conditions of this Schedule and the Main Agreement, including the
Service Levels and other Service Provider obligations set forth herein. The Support Services are
included in the SaaS Services, and Service Provider will not assess any additional fees, costs or
charges for such Support Services.
3.1. Support Service Responsibilities. Service Provider will:
(a) respond to Support Requests in accordance with the Service Levels;
(b) provide responsive telephone or email support as set forth in Section 3.6.
(c) Provide online access to technical support bulletins and other user support
information and forums, to the full extent Service Provider makes such resources
available to its other customers.
3.2. Service Monitoring and Management. Service Provider will continuously monitor and
manage the SaaS Services to optimize Availability (defined herein) that meets or exceeds
the Availability Requirement. Such monitoring and management will include:
(a) proactively monitoring on a twenty-four (24) hour by seven (7) day basis all
SaaS Services, infrastructure and other components of SaaS Service security;
(b) if such monitoring identifies, or Service Provider otherwise becomes aware of,
any circumstance that is reasonably likely to threaten the Availability of the SaaS
Service, taking all necessary and reasonable remedial measures to eliminate such
threat and ensure Availability;
(c) if Service Provider receives knowledge that the SaaS Service or any SaaS Service
function or component is not Available (including by notice from Customer
pursuant to the procedures set forth herein or in the applicable Service Order):
i. Service Provider will confirm the outage by a direct check of the
associated facility or facilities;
ii. if Service Provider's facility check in accordance with clause (i) above
confirms a SaaS Service outage in whole or in part: (A) notifying
Customer pursuant to the procedures set forth herein or in the applicable
Service Order that an outage has occurred, providing such details as may
be available, including a Service Provider trouble ticket number, if
appropriate, and time of outage; and (B) working all problems causing
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SaaS Agreement Schedule A Page 3
and caused by the outage until they are resolved as Critical Service
Errors in accordance with the Support Request Classification set forth in
the Service Level Table.
iii. Service Provider will continuously maintain the SaaS Services to
optimize Availability that meets or exceeds the Availability
Requirement. Such maintenance services will include providing to
Customer and its Authorized Users:
a. such updates, bug fixes, enhancements, new releases, new
versions and other improvements to the SaaS Services, including
the Service Software, that Service Provider provides at no
additional charge to Service Provider’s other similarly situated
customers. Specific upgrades are set forth in the applicable
Service Order; and
b. all such services and repairs as are required to maintain the SaaS
Services or are ancillary, necessary or otherwise related to
Customer's or its Authorized Users' access to or use of the SaaS
Services, so that the SaaS Services operate properly in
accordance with this Agreement and the Documentation.
3.3. Scheduled Downtime. Planned maintenance and updates are not expected to exceed ten
(10) hours in a normal month. Service Provider will use commercial reasonable efforts to
provide Customer advance notification (via email) of scheduled maintenance that is
anticipated to involve system unavailability of two (2) hours or more. Service Provider
will use commercially reasonable efforts to notify Customer at least 48 hours (via email)
in advance to scheduled maintenance and updates (“Scheduled Downtime”). Service
Provider will use commercially reasonable efforts to perform scheduled maintenance
outside the hours of 7:00 AM – 7:00 PM Central Standard Time, Monday – Friday.
3.4. Service Levels.
Response times will be measured from the time Service Provider receives a Support
Request until the respective times Service Provider has responded to that Support
Request. Service Provider shall respond to all Support Requests within the following
times based on Service Provider’s designation of the severity of the associated Error,
subject to the parties’ written agreement to revise such designation after Service
Provider’s investigation of the reported Error and consultation with Customer:
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SaaS Agreement Schedule A Page 4
Severity
Level of
incident Definition
Response Time
During Business
Hours
Response Time
During
Non-Business Hours
Critical
Critical Business Impact – Impacts
multiple users and halts or severely
impacts the division's ability to
conduct critical operations.
Postponement of any critical
interface file that can delay Field
Services, Billing and daily critical
activities.
2 Hours or less* 4 Hours or less
High
Significant Business Impact –
Impacts individual or small work
group. Normal operations may be
degraded but can continue.
4 Hours 8 Hours
Medium
Some Business Impact – Impacts
individual or small work group.
Normal operations may be degraded
but can continue, and service
response may be delayed until a
mutually established future time.
Issue is informational in nature, a
request, suggestion or report. No
immediate remedial action is
expected.
1 Business Day 2 Business Days
Low Non-Business Impact – Maintenance
request, data requests, and non-
critical process enhancements.
2 Business Days 3 Business Days
*Response time critical incident during business hours or after business hours
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SaaS Agreement Schedule A Page 5
3.5. Support Requests and Customer Obligations.
(a) Support Requests. Customer may request Support Services by way of a Support
Request. Customer shall classify its requests for Error corrections in accordance with
the severity levels classifications and definitions of the Service Level Table set forth
in Section 3.4 (“Support Request”). Customer shall notify Service Provider of each
Support Request by e-mail, telephone or such other means as the parties may agree to
in writing. Customer shall include in each Support Request a description of the
reported Error and the time Customer first observed the Error.
(b) Customer Obligations. Customer will, by and through its employee or consultants
provide the Service Provider with:
i. prompt notice of any Errors; and
ii. each of the following to the extent reasonably necessary to assist Service
Provider to reproduce operating conditions similar to those present when
Customer detected the relevant Error and to respond to the relevant Support
Request:
a. direct access to the Customer Systems and the Customer’s files and personnel;
b. output and other data documents and information, each of which is deemed
Customer’s Confidential Information as defined in the Main Agreement; and
c. such other reasonable cooperation and assistance as Service Provider may request.
3.6. Service Desk Contact Information. The point of contact for Support Requests is the Service
Desk. The phone number for the Service Desk is: (888) 390-5733. Normal support hours are
7:00 AM – 6:00 PM Central Time, Monday through Friday. After hours support is accessible
24 x 7 by calling the Service Desk number and following the prompts.
4. Backup and Recovery. Service Provider will conduct or have conducted at minimum, daily backups
of Customer Data and perform or cause to be performed other periodic backups (snapshots,
differential backups, etc.). At least one backup will be stored online (directly accessible) and one full
backup will be stored near-line. Both copies will be less than one week old and may be overwritten
as they are replaced with newer backups. Weekly backups are stored for a minimum of one month.
Monthly backups are stored off-site for a minimum of one (1) year.
5. Business Continuity and Disaster Recovery Protection. Service Provider has an ongoing Business
Continuity (“BC”) program (that includes Risk Assessment) that covers its primary locations as well
as a Disaster Recovery (“DR”) program for restoring its data center operations. Service Provider uses
industry best practices and exercises its DR program, (i.e. failing over its customers services to an
alternate datacenter with client verification) for an additional fee.
6. Communications. In addition to the mechanisms for giving notice specified in the Main Agreement,
unless expressly specified otherwise in this Schedule or the Main Agreement, the parties may use e-
mail for communications on any matter referred to herein.
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SaaS Agreement Schedule A Page 6
IN WITNESS WHEREOF, the parties hereto have executed this Schedule A as of the last signature date
below.
Landis+Gyr Technology, Inc. Customer
By: _________________________
Name: _______________________
Title: ________________________
Date: ________________________
By: ___________________________
Name: _________________________
Title: ___________________________
Date: ___________________________
Rebecca Lorentz
Director Order Fulfillment
April 20, 2013
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SaaS Agreement Schedule B Page 1
SCHEDULE B
SERVICE ORDER; PRICING
SERVICE ORDER NO. 001
This Service Order No. 001, effective as of the last signature date set forth below (the “Service Order
No. 001 Effective Date”), is issued and executed as Schedule B to the Software as a Service (SaaS)
Agreement also dated as of the Servicer Order No. 001 Effective Date, by and between
City of Grand Island Utilities (as Customer) and Landis+Gyr Technology, Inc. (as Service Provider)
(the “Main Agreement”) and is a part of and incorporated into the Main Agreement. All capitalized
terms that are not defined in this Schedule shall have the respective meanings given to them in the Main
Agreement.
SCOPE OF SERVICE. Service Provider shall provide Customer with access to Services on the terms
and conditions set forth in the Main Agreement. Service Provider will provide Services that will enable
Customer to access the Service Software.
1. Service(s) Description
The Service Software provided to Customer consists of the following items:
X Gridstream Command Center RF
Gridstream Command Center PLC
Gridstream Command Center PLX
Gridstream Advanced Security
2. SaaS Service Term
The initial term for this Service Order begins after Service Software installation upon verification of
Customer’s ability to access and utilize the SaaS Services as provided herein and in the Main
Agreement and ends twelve (12) months thereafter (the “Initial Service Order Term”).
Upon expiration of the Initial Service Order Term, this Schedule B shall automatically renew for
successive one (1) year periods (each a “Renewal Term” and together with the Initial Service Order
Term, the “Service Order Term”), unless a party provides the other party with written notice of its
intent not to renew this Service Order at least ninety (90) days prior to the expiration of the then
current term.
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SaaS Agreement Schedule B Page 2
3. SaaS Service Fee
3.1 The Fee Schedule is determined by the total number of Endpoints deployed by Customer. The fee
for the Initial Service Order Term for the number of Endpoints set forth in Section 2 of this
Service Order (the “Initial Service Fee”) payable by Customer to Service Provider is a total of
$675.00 USD per month based on up to 667 Endpoints. Actual fee will be calculated and billed
on a monthly basis and include adjusted fees for the total number of Endpoints in the “deployed”
status on the last business day of the previous month, as indicated by the Command Center
Software.
Quantity of Deployed Endpoints in
Command Center Price
Up to 2,000 $675 flat rate per month
2,001 to 6,000 $750 flat rate per month
6,001 to 8,000 $850 flat rate per month
8,001 to 12,500 $1,000 flat rate per month
12,501 to 30,000 $0.09 per deployed endpoint, per month
30,001 to 59,999 $0.07 per deployed endpoint, per month
60,000+ $0.05 per deployed endpoint, per month
3.2 The fees for the Renewal Terms of SaaS Service are payable by Customer to Service Provider as
set forth in the Main Agreement.
3.3 Customer is required to add additional Endpoints prior to beneficial use of such additional
Endpoints.
4. Price Increases
Service Provider's Additional Endpoint Fees are fixed during the Initial Term. Service Provider
Additional Endpoint fees for Renewal Terms shall escalate annually as of each anniversary of the
Effective Date of the Service Order by the amount of the increase in the Consumer Price Index – All
Urban Consumers of the Bureau of Labor Statistics of the U.S. Department of Labor for U.S. for All
Items with Base Years 1982-1984=100. Those increases will be measured applying the twelve (12)
month period ending in the month for which the most recent index results are available as of that
anniversary of the Effective Date.
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SaaS Agreement Schedule B Page 3
5. Summary of Services Included in Service Order
SaaS Services are detailed in the SaaS Agreement. Services specific to this Service Order are detailed
below:
5.1 Project Coordination. Service Provider will provide a project coordination to provide direction to
Customer relating to SaaS Services. Customer to provide primary point of contact to work with
the project coordinator.
5.2 Installation and Configuration. Installing the Software in the data center with standard
configurations. Custom configurations are available for an additional fee as detailed in an
applicable SOW. Service Software includes Service Provider Application Software, operating
system software, database software and any software running on the Service Provider equipment.
5.3 Upgrades. Service Provider and Customer will mutually agree on an upgrade schedule for
Service Software. SaaS Services include at least one (1) Software Upgrade per calendar year.
Customer agrees to remain on a Supported Release of Service Software. Service Provider will
install all Software Upgrades on the Service Provider Equipment. Service Software includes
Service Provider Application Software, operating system software, database software and any
software running on the Service Provider Equipment. Software DOES NOT INCLUDE any
application or tools software running on local Customer computers or other Customer equipment
including Mobile Administration Software (“MAS”) upgrades to handheld devices, endpoint
programming software upgrades at the Customer site, Endpoint Test Manager (“ETM”),
RadioShop or Substation Processing Unit Software Upgrades.
5.4 Integration(s). Service Provider will provide integrations to third party systems for an additional
fee as detailed in the applicable SOW.
5.5 Data Availability. Service Provider will make available on a live basis at least 90 days of
Customer Data. Data older than 90 days will be archived and available to Customer upon request
(additional fees may apply). Archive data will be retained for a minimum of one (1) year.
Additional data retention periods are available for an additional fee.
5.6 Monitor Collector Communications (To the Extent Service Provider is providing the Backhaul
Services). To the extent applicable, Service Provider will monitor the status of system
communications. In the event of a fault during normal business hours if the communications fault
is a result of a Service Provider Equipment failure, Service Provider will resolve the
communications fault. If the communications fault is not the result of a Service Provider
Equipment failure, Service Provider will report the fault for resolution by Customer. In the event
of a fault as a result of a Service Provider Equipment failure outside of normal business hours,
Service Provider will attempt to resolve the issue; however, no notice of the event will be made to
the Customer. Should Customer require assistance with respect to communications to the system,
after hours assistance is available as described in Schedule A.
5.7 Process Collector Communication Fees. Service Provider will process and invoice for
communication fees as applicable.
Grand Island Council Session - 4/26/2016 Page 162 / 237
SaaS Agreement Schedule B Page 4
6. Customer Responsibilities:
6.1 Conduct Collector Field Maintenance. Customer will perform field maintenance work on the
Meters/modules and Collectors. This includes, but is not limited to, updating the collector, ETM,
RadioShop and other Field Tools software to the latest version.
6.2 Interface Billing data to Customer Billing System. Customer is responsible for executing the
Billing Extract file utilizing the functionality built into the Command Center Software and
loading it into Customer’s billing system. Customer is also responsible for any exception
processing that is associated with endpoints that do not have billing data available for a particular
billing cycle window.
6.3 Provide Collector Communication. Customer is responsible for purchasing and physically
maintaining all collector communications infrastructure as applicable.
6.4 Administer Login and Passwords. Customer is responsible for assigning security officer(s),
administering all Software logins and passwords, to provide Customer-selected configurations
and to maintain access rights for the Customer’s employees.
6.5 Support Utility Consumer. Customer is responsible for handling all support for Customer’s own
end-use consumers. Service Provider will not provide any support regarding billing inquiries or
any other matter for end-use consumers.
6.6 Install and Upgrade Endpoint Programmer Software. Customer is responsible to load and
maintain Endpoint Programmer Software on desired hardware at Customer’s location including
ETM , Radioshop and other field tools.
6.7 Loading Files. Customer is responsible for loading MMF, IIF and CIF files to Software.
6.8 Application Administration. Customer is responsible to provide Customer-selected configurations
and maintain access rights.
6.9 Application Operations. Customer is responsible to provide daily business operations of the
Software monitoring jobs; reporting; coordination of issues, etc.
6.10 IT coordination. Customer is responsible to coordinate management of interfaces to connected
Customer Systems.
6.11 Upgrades. Customer is responsible to validate upgrades to Software.
Grand Island Council Session - 4/26/2016 Page 163 / 237
SaaS Agreement Schedule B Page 5
In the event of any conflict between the body of the Main Agreement and this Service Order B, the body
of the Main Agreement will govern.
Landis+Gyr Technology, Inc. Customer
By: ____________________________
Name: __________________________
Title: ___________________________
Date: ___________________________
By: _____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
Rebecca Lorentz
Director Order Fulfillment
April 20, 2016
Grand Island Council Session - 4/26/2016 Page 164 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-95
WHEREAS, on April 3, 2012, Council was presented the information concerning
a pilot project using Automated Meter Infrastructure (AMI) which included approximately 170
new water meters for new water construction in Merrick County; and
WHEREAS, the intent of the pilot project was to gain first-hand experience with
the installation and operation of an AMI system as well as determining the fiscal costs and
benefits; and
WHEREAS, on October 23, 2012, Council awarded the AMI pilot project to
Landis+Gyr in the amount of $108,129.95, with an annual server support cost of $8,100.00; and
WHEREAS, the term of the AMI pilot project with Landis+Gyr will expire at the
end of May and some of the goals of the project have not yet been implemented and Landis+Gyr
has provided a proposal for a one year extension of the server hosting services for the same price
of $8,100.00; and
WHEREAS, the Legal Department has reviewed and approved the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the AMI Support Service Contract
Extension with Landis+Gyr is hereby approved, and the Mayor is authorized to sign the
Agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 206
____________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 165 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-10
#2016-96 - Approving the Hazard Mitigation Plan
Staff Contact: Jon Rosenlund
Grand Island Council Session - 4/26/2016 Page 166 / 237
Council Agenda Memo
From:Jon Rosenlund, Director EM911
Meeting:April 26, 2016
Subject:Approving the Hall County Hazard Mitigation Plan
Presenter(s):Jon Rosenlund, Director EM911
Background
The Hall County Hazard Mitigation Plan (HMP) was developed to include Hall County
and all municipalities therein. The HMP defines and describes the hazards common in
Hall County and delineates methods that the partners within the Plan can work to mitigate
those hazards. This plan is an update from the plan approved in 2007. FEMA requires all
jurisdictions to adopt an approved HMP.
Discussion
The Hall County Hazard Mitigation Plan (HMP) was developed to include Hall County
and all municipalities therein. The HMP defines and describes the hazards common in
Hall County and delineates methods that the partners within the Plan can work to mitigate
those hazards. A copy of the HMP is on file in the City Clerk’s Office and the Emergency
Management Office.
FEMA requires that local jurisdictions plan various methods of hazard mitigation and a
currently adopted plan is required for receiving FEMA assistance following a disaster.
This plan is an update from the plan approved in 2007. Work on this updated HMP has
been ongoing for two years. The draft presented to Council has been tentatively approved
by NEMA and FEMA and awaits adoption by resolution by all partners before it can
receive final approval by FEMA.
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 - 4/26/2016 Page 167 / 237
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Hazard Mitigation Plan.
Sample Motion
Move to approve the Hazard Mitigation Plan.
Grand Island Council Session - 4/26/2016 Page 168 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-96
WHEREAS, the City Council of Grand Island, Nebraska, pursuant to Nebraska
Statute, is vested with the authority of administering the affairs of Grand Island, Nebraska; and;
WHEREAS, it has been determined that a Hall County Hazard Mitigation Plan
has been developed and updated in order to provide for a plan for mitigating local hazards that
exist in Hall County, the City of Grand Island and other cities and villages in Hall County; and
WHEREAS, the City Council of Grand Island deems it advisable and in the best
interest of Grand Island to approve said Hazard Mitigation Plan, and
WHEREAS, the acceptance of this 2016 Hazard Mitigation Plan supersedes all
previous approved Hall County Hazard Mitigation Plans.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Hall County Hazard Mitigation
Plan is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 169 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-11
#2016-97 - Approving Purchase of a New Backhoe Loader for the
Streets Division of the Public Works Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 4/26/2016 Page 170 / 237
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:April 26, 2016
Subject:Approving Purchase of a New Backhoe Loader for the
Streets Division of the Public Works Department
Presenter(s):John Collins PE, Public Works Director
Background
The Streets Division of the Public Works Department has one backhoe loader that is
primarily used for concrete removal, dirt work, and excavation. The current backhoe,
Unit 248, is a 2005 Terex 760 and has approximately 3,500 hours. The typical life of a
backhoe loader is 5,000 hours therefore Unit 248 is at 70% of its useful life and the repair
cost to purchase price ratio of 1.11.
The unit is showing signs of aging with a number of minor breakdowns. It is critical to
have this unit running and available when needed due to the high priority functions it
serves.
Current Unit 248 will be offered to all other divisions for purchase, if there is no interest
then it will be sold at an on-line auction site. The use of the on-line surplus site has been
very successful for the Streets Division over the last two years with the ability to reach
bidders on a national level.
Discussion
The City of Grand Island City Council approved the use of the National Joint Powers
Alliance Buying Group (NJPA) with Resolution 2014-326.
To meet competitive bidding requirements, the Streets Division obtained pricing from the
NJPA Contract No. 032515-JDC awarded to John Deere Construction Retail Sales and
their designated vendor locations including Murphy Tractor & Equipment Co. of Grand
Island, NE.
Public Works staff is recommending the purchase of a 2015 John Deere 310SL HL (see
attachments) from Murphy Tractor & Equipment Co. of Grand Island, NE in the amount
of $110,434.00.
Grand Island Council Session - 4/26/2016 Page 171 / 237
The purchase of a New Backhoe Loader was approved in the 2015-20165 FY budget.
The last few weeks Unit 248 has had enough minor breakdowns that a rental unit was
investigated to avoid spending money on repairs for a unit that is scheduled to be
replaced and avoid extended down time. A backhoe loader from Murphy Tractor &
Equipment Co. is currently being rented and if the recommended purchase is made the
rental cost will be applied, in arrears, toward the cost of the new machine.
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 New
Backhoe Loader from Murphy Tractor & Equipment Co. of Grand Island, NE in the
amount of $110,434.00.
Sample Motion
Move to approve the purchase of a New Backhoe Loader from Murphy Tractor &
Equipment Co. of Grand Island, NE in the amount of $110,434.00.
Grand Island Council Session - 4/26/2016 Page 172 / 237
BACKHOES
L-SERIES
310L EP / 310L / 310SL / 310SL HL / 315SL / 410L
LIFT MORE AND MULTITASK
ATTACHMENT 1
Page 1 of 15
Grand Island Council Session - 4/26/2016 Page 173 / 237
Through our Customer Advocate Group (CAG), we collected invaluable input from owners and
operators — the ones who know best what customers really need.
You spoke. And we listened and responded by expanding the breadth of our product line
with the introduction of a new heavy-lift model and a side-shift model. We’re also continuing
our popular and competitively priced 310L EP. And as always, we’re launching a host of new
features to help you boost productivity and maximize uptime, while lowering daily operating
costs. When it comes to delivering what you want, nobody responds like John Deere.
WE WENT TO YOU, OUR CUSTOMER.
TO BUILD A BETTER BACKHOE,
25%
MORE
CRANING
CAPABILITY
4
UP TO
SIDE-SHIFT FOR TIGHT SPACES WITH THE 315SL.
Standard-equipped side-shift backhoes can be offset up to 21 in.
right or left of center, making them ideal for work in crowded urban
areas and around obstacles.
p y p
costs.When iit comes to deliver
ATTACHMENT 1
Page 2 of 15
Grand Island Council Session - 4/26/2016 Page 174 / 237
MULTIFUNCTION VERSATILITY, UNRIVALED CAPABILITY.
GET MORE DONE WITH ONE
Why run two machines when one will do? Whether you’re loading trucks, busting
up blacktop, placing pipe, digging trenches, or moving materials, an L-Series Backhoe
is more than up to the task. Building upon our highly productive K-Series Backhoes,
the L-Series features additional backhoe lift capability and pressure-compensated
load-sensing (PCLS) hydraulics (on the 310SL HL and 410L), for superb multifunction
performance. The result: our most versatile backhoes ever.
True four-wheel drive on command
Standard limited-slip mechanical-front-
wheel drive (optional on the 310L EP
and 310L) delivers superior traction
in any ground condition. Engage
momentary mechanical-front-wheel
drive “on the fy” with the touch of
a button on the new loader control.
Powertrain performance
Responsive and productive fve-
speed transmission on the 310SL,
310SL HL, 315SL, and 410L provides
transport speeds up to 25 mph. Add
the AutoShift option and increase
versatility in any application.
Smooth gear changes
PowerShift™ transmission provides
on-the-go clutchless gear changes
for the operator.
Powerful FT4 engines
Rugged FT4/Stage IV PowerTech™
Plus diesel engines* meet rigid
emission regulations, enabling you
to work, wherever there’s work —
even in nonattainment areas. Our
feld-proven technology is simple,
fuid effcient, fully integrated, and
fully supported. It employs cooled
exhaust gas recirculation, easy-to-
maintain high-uptime exhaust flters
(310SL HL and 410L only), and
selective catalytic reduction.
Control the ride and the load
With ride control activated, front
loader hydraulic cylinders act as a
shock absorber, smoothing travel
over rough terrain, helping full loads
reach their destination, and reducing
operator fatigue.
Better craning capability
The 310SL HL and 410L have up to
25-percent more backhoe lift under
normal conditions.
Multifunction hydraulics
PCLS hydraulics on the new heavy-lift
310SL HL and the 410L ensure superior
multifunction capability at all speeds.
EPA FINAL TIER 4 (FT4)/EU STAGE IV
POWERTECH PLUS DIESEL ENGINES*
*Interim Tier 4/Stage IIIB PowerTech on the 310L EP.
FT4 ATTACHMENT 1
Page 3of 15
Grand Island Council Session - 4/26/2016 Page 175 / 237
More lift capacity at the push
of a button
Along with the 410L, the 310SL HL
can deliver up to 25-percent more
backhoe-lift capacity than their
comparable K-Series models. New lift
mode provides an additional boost
of 10 to 15 percent. Simply pushing a
button on the sealed-switch module
(SSM) sets engine rpm at 1,400 and
maximizes hydraulic pressure for
increased craning capability.
PCLS hydraulics for superb
multifunction operation
The 310SL HL delivers all the
advantages of PCLS hydraulics in the
14–15-ft. digging-depth category,
enabling operator effciency and
productivity through improved
multifunction control.
Unobstructed view to the front
loader bucket
Clear sightlines to the loader bucket
corners have been maintained
over the sloped hood, even with
the addition of the aftertreatment
components needed to meet FT4
compliance.
THE NEW 310SL HL
HEAVY-LIFT BACKHOE
Managing an expanding workload and multiple tasks doesn’t have
to mean moving up to a larger backhoe. Boasting signifcantly more
craning capability along with pressure-compensated load-sensing
(PCLS) hydraulics, our new 310SL HL is surprisingly adept — and
may be the perfect addition to your equipment lineup.
— Todd Heiderscheidt, Backhoe CAG Member
15%
INCREASE IN CRANING
POWER WITH LIFT MODE
UP TO
Thanks to Deere asking for my input, I get a better
machine, and these improvements make all the
difference in my day’s productivity.
WHAT THE EXPERTS ARE SAYING:
ATTACHMENT 1
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Grand Island Council Session - 4/26/2016 Page 176 / 237
MORE CONTROL AT YOUR FINGERTIPS
MAXIMUM PRODUCTIVITY IS CLOSE AT HAND.
Increased productivity is within easy reach in an L-Series Backhoe. Redesigned loader-control grip
and pilot controls provide effortless, fngertip operation of the backhoe and loader, while other
machine functions are conveniently located on the steering column.
8
REDESIGNED PILOT TOWERS
GIVE MORE LEGROOM AND
SPACE TO ROTATE
ATTACHMENT 1
Page 5 of 15
Grand Island Council Session - 4/26/2016 Page 177 / 237
New easy-to-use loader-control grip
New “palm-on-top” loader-control
grip is even more comfortable and easy
to use. Control of clutch disconnect,
transmission quick-shift, auxiliary
proportional roller, and momentary
mechanical-front-wheel drive is at
your fngertips.
Easy, fngertip control of backhoe
functions
Fingertip electrohydraulic (EH) control
of redesigned pilot levers provides
even easier operation of backhoe
functions, including selective fow
and the horn.
Extend your workday
LED lighting kit includes choice of LED
spot- or foodlights. For enhanced
visibility when your workday goes long.
More legroom and space to rotate
Redesigned pilot towers provide
more legroom and additional space
for transitioning between loader and
backhoe operation.
Fatigue-beating comfort
L-Series Backhoes are loaded with
creature comforts, including effcient
HVAC system, adjustable mechanical
or air-suspension seat, and optional
premium radio with Bluetooth®,
auxiliary input, and XM Satellite
Radio™ capability.
Steering column controls
Exterior lights, wipers, and turn signals
are now more conveniently located on
the multifunction lever on the steering
column — just like the family SUV —
helping operators keep their eyes on
the job at hand.
LED SPOT- OR
FLOODLIGHTS
ATTACHMENT 1
Page 6 of 15
Grand Island Council Session - 4/26/2016 Page 178 / 237
10
UNSURPASSED RELIABILITY
WON’T BACK DOWN. OR LET YOU DOWN.
Built with state-of-the-art tools and technology by a quality-
conscious workforce at our world-class facility in Dubuque, Iowa,
U.S.A., L-Series Backhoes deliver unmatched reliability and uptime.
When you know how they’re built, you’ll run a Deere.
4WD
OPTION AT YOUR
COMMAND
Onboard diagnostics center
The most advanced onboard-
diagnostics technology in the
industry is standard on all L-Series
Backhoes. The exclusive John Deere
WorkSight™ suite of telematic
solutions includes JDLink™ Ultimate
with real-time machine monitoring
and remote diagnostics to help
increase uptime while lowering
operating costs.
Quick, clean flter changes
Vertical spin-on engine, transmission,
and hydraulic flters and quick-
release fuel flters allow fast, clean
changes. Standard heavy-duty
transmission oil flter increases
reliability.
More durable multipurpose bucket
Our rugged multipurpose bucket has
been reinforced with thicker plates
and stronger cylinder mountings for
longer life.
Bias and radial tire options
Choose from a variety of factory-
installed tire options, for the
traction, exceptional performance,
and long service life your specifc
application requires.
Diff-lock protection
Enabled through the monitor,
differential-lock protection prevents
engagement at high travel speeds
and the resulting wear and tear on
axle components.
Maintenance-free batteries
Standard maintenance-free batteries
reduce periodic servicing, improve
cold-starting reliability, and lengthen
battery life.
Superior hydraulic oil
L-Series Backhoes come factory-
flled with Hydrau™ premium
all-season, anti-wear hydraulic oil
specifcally designed for construction
equipment. Or for cold weather, opt
for Hydrau™ XR, which offers all-
season protection from –40 to
40 deg. C (–40 to 104 deg. F).
Protect your investment
Machine-security system with
touchpad passcode helps prevent
unauthorized operation.
ATTACHMENT 1
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Grand Island Council Session - 4/26/2016 Page 179 / 237
EASY MAINTENANCE
KEEP THE PEACE. AND YOUR PEACE OF MIND.
Save fuel with economy mode
Standard economy mode can be confgured
separately between loader and backhoe
functions. For example, activate economy
mode for backhoe functions while retaining
full power for loader functions — a Deere
exclusive. This helps maximize fuel usage in
lighter-work applications with minimal effect
on machine performance.
Improved diagnostics
State-of-the-art multi-language monitor clearly
displays machine diagnostics. Operators can
program a multitude of time-specifc functions
such as auto shutdown and auto-idle quickly
and easily.
Minimize downtime and expense
Same-side ground-level service points
help speed daily checks and flls. Other
commonsense features such as quick-change
flters, extended service intervals, simple-to-
read sight gauges, and easy-access grease
zerks help increase uptime and lower daily
operating costs.
Coolers allow easy cleanout
Hinged, stacked-assembly coolers tilt
away from the radiator for convenient
core cleanout.
12
ATTACHMENT 1
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Grand Island Council Session - 4/26/2016 Page 180 / 237
Save fuel and reduce noise
Auto-idle decreases engine speed
when hydraulics aren’t in use,
to help maintain quiet working
conditions and conserve precious
fuel. Auto shutdown turns off the
engine after an operator-selected
period of inactivity, further keeping
noise and fuel consumption down.
Quiet, fuel-effcient fan
Variable-speed electronically
controlled fan automatically speeds
up or slows down, operating only as
needed to keep things cool. Helps
conserve power and fuel, while
reducing noise. A viscous variable-
speed fan option is available for the
310L EP.
Proven engine technology
310L EP IT4/Stage IIIB emission-
certifed PowerTech engine requires
no aftertreatment. 310SL HL and
410L FT4/Stage IV emission-certifed
PowerTech Plus engines feature
a diesel oxidation catalyst (DOC),
a diesel particulate flter (DPF),
and a selective catalytic reduction
(SCR) system. 310L, 310SL, and
315SL FT4/Stage IV emission-
certifed PowerTech Plus diesels
include an SCR system.
Keep downtime down with
ULTIMATE UPTIME
Ultimate Uptime, featuring John Deere WorkSight,
is a customizable support solution available exclusively
from your Deere dealer. This fexible offering maximizes
equipment availability with standard John Deere WorkSight
capabilities that can help prevent future downtime and
speed repairs when needed. In addition to the base
John Deere WorkSight features, our dealers work with you
to build an uptime package that meets the specifc needs
of your machine, feet, project, and business, including
customized maintenance and repair agreements, onsite
parts availability, extended warranties, fuid sampling,
response-time guarantees, and more.
Get valuable insight with
JOHN DEERE WORKSIGHT
John Deere WorkSight is an exclusive suite of telematic
solutions that increases uptime while lowering operating
costs. At its heart, JDLink Ultimate machine monitoring
provides real-time utilization data and alerts to help you
maximize productivity and effciency while minimizing
downtime. Remote diagnostics enable your dealer to
read codes, record performance data, and even update
software without a trip to the jobsite.
ATTACHMENT 1
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Grand Island Council Session - 4/26/2016 Page 181 / 237
22
Axle Ratings
Non-Powered Front
Mechanical-Front-Wheel Drive
(MFWD)Rear
SAE J43 5500 kg (12,125 lb.)5500 kg (12,125 lb.)7500 kg (16,535 lb.)
Dynamic 8500 kg (18,739 lb.)8500 kg (18,739 lb.)10 000 kg (22,046 lb.)
Static 22 500 kg (49,604 lb.)23 500 kg (51,809 lb.)26 000 kg (57,320 lb.)
Ultimate 35 000 kg (77,162 lb.)37 000 kg (81,571 lb.)39 500 kg (87,083 lb.)
Differentials
MFWD Axle Automatic, limited-slip traction control
Rear Axle Foot actuated, hydraulically engaged 100% mechanical lock
Steering (ISO 5010)Hydrostatic power steering and emergency steering
Axle Non-Powered Front MFWD
Curb-Turning Radius
With Brakes 3.61 m (11 ft. 10 in.) 3.67 m (12 ft. 0 in.)
Without Brakes 4.24 m (13 ft. 11 in.)4.35 m (14 ft. 3 in.)
Bucket-Clearance Circle
With Brakes 10.53 m (34 ft. 7 in.)10.61 m (34 ft. 10 in.)
Without Brakes 11.42 m (37 ft. 6 in.) 11.59 m (38 ft. 0 in.)
Steering Wheel Turns (lock to lock)3.1 to 4.3 2.6 to 3.6
MFWD Axle Heavy duty, outboard planetary fnal drives distribute shock loads over 3 gears
Rear Axle Heavy duty, outboard planetary fnal drives distribute shock loads over 4 gears
Brakes (ISO 3450)
Service Power assisted, hydraulic wet disc, mounted inboard, self-adjusting and self-equalizing
Parking Spring applied, hydraulically released, wet, multi-disc, independent of service brakes with electric switch control
SPECIFICATIONS
Engine 310SL HL
Manufacturer and Model John Deere PowerTech™ Plus 4045HT083 turbocharged
Non-Road Emission Standard EPA Final Tier 4/EU Stage IV
Displacement 4.5 L (276 cu. in.)
Net Peak Power (ISO 9249)82 kW (110 hp) at 2,244 rpm
Net Peak Torque (ISO 9249)427 Nm (315 lb.-ft.) at 1,400 rpm
Net Torque Rise 21%
Lubrication Pressure system with spin-on flter and cooler
Air Cleaner Dual-stage dry type with safety element and evacuator valve
Cooling
Fan Type Electronically controlled, variable rate, suction type
Engine Coolant Rating –40 deg. C (–40 deg. F)
Engine Oil Cooler Oil to water
Powertrain
Transmission 5-speed, helical-cut gears, full PowerShift™ transmission with hydraulic reverser standard; electric clutch
cutoff on loader lever; AutoShift transmission optional
Torque Converter Single stage, dual phase with 2.63:1 stall ratio, 280 mm (11 in.)
Maximum Travel Speeds with Standard Engine,
Measured with 21L-24 Rear Tires Forward Reverse
Gear 1 5.7 km/h (3.5 mph)7.2 km/h (4.5 mph)
Gear 2 10.5 km/h (6.5 mph)13.3 km/h (8.3 mph)
Gear 3 21.4 km/h (13.3 mph)21.2 km/h (13.2 mph)
Gear 4 36.0 km/h (22.4 mph)—
Gear 5 40.0 km/h (24.9 mph) —
Axles
Axle Oscillation, Stop to Stop, Front Axle 22 deg.
ATTACHMENT 1
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Grand Island Council Session - 4/26/2016 Page 182 / 237
Hydraulics 310SL HL
Main Pump Pressure compensated load sensing (PCLS), axial-piston pump
Pump Flow at 2,200 rpm, Backhoe and Loader 159 L/m (42 gpm)
System Relief Pressure, Backhoe and Loader 24 993 kPa (3,625 psi)
Backhoe (lift mode)27 579 kPa (4,000 psi)
Controls
Backhoe Pilot controls with pattern select standard; electrohydraulic (EH) auxiliary functions optional
Loader Single-lever control with electric clutch cutoff switch and MFWD (momentary) standard; single-lever control
with electric clutch cutoff switch, EH proportional auxiliary roller, and transmission quick-shift optional
Electrical
Voltage 12 volt
Alternator Rating 150 amp with cab / 120 amp with canopy and quarter cab
Lights 10 halogen: 4 front, 4 rear, and 2 side docking (32,500 candlepower each); turn signals and fashers: 2 front
and 2 rear; stop and taillights; and 2 rear refectors; LED light feld kits available with both food- and spotlights
Operator Station
Type (SAE J1040)Canopy, isolation mounted, ROPS/FOPS, left/right access, with molded roof; optional quarter cab (front glass
only) and fully enclosed cab
Tires/Wheels
Front Rear
Non-Powered Front Axle 12.5/80-18 F3 (12)19.5L-24 R4 (12)
With MFWD 12.5/80-18 I3 (12)19.5L-24 R4 (10)
12.5/80-18 R4 (10)19.5L-24 R4 (12)
12.5/80-18 I3 (12)21L-24 R4 (12)
12.5/80-18 R4 (10)21L-24 R4 (12)
340/80R18 XMCL 500/70R24 XMCL
340/80R18 580 500/70R24 580
Serviceability
Refll Capacities
Cooling System 35 L (37 qt.)
Rear Axle 18 L (19 qt.)
Engine Oil (including vertical spin-on flter)13 L (13.7 qt.)
Torque Converter and Transmission 15.1 L (16 qt.)
Fuel Tank (with ground-level fueling)140.1 L (37 gal.)
Diesel Exhaust Fluid (DEF) Tank 16.3 L (4.3 gal.)
Hydraulic System 126.8 L (33.5 gal.)
Hydraulic Reservoir 45 L (11.9 gal.)
MFWD Housing
Axle 6.5 L (6.9 qt.)
Planetary (each)0.9 L (1 qt.)
Hydrau™ XR Hydraulic Oil Optional
Operating Weights
With Full Fuel Tank, 79-kg (175 lb.) Operator, Standard
Equipment, and 567-kg (1,250 lb.) Counterweight
8269 kg (18,231 lb.)
Typical with Cab and 567-kg (1,250 lb.) Counterweight 8533 kg (18,811 lb.)
Optional Components (weight difference between
base equipment and option)
Cab 263 kg (580 lb.)
MFWD with Tires 110 kg (242 lb.)
Front Loader Coupler 257 kg (566 lb.)
Backhoe Bucket Coupler 64 kg (141 lb.)
SPECIFICATIONS
ATTACHMENT 1
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310SL HL
24
Overall Dimensions 310SL HL
A Ground Clearance, Minimum 310 mm (12 in.)
B Overall Length, Transport 7.37 m (24 ft. 2 in.)
C Width Over Tires 2.18 m (7 ft. 2 in.)
D Height to Top of ROPS/Cab 2.81 m (9 ft. 3 in.)
E Length from Axle to Axle
Non-Powered Front Axle 2.16 m (7 ft. 1 in.)
MFWD Axle 2.19 m (7 ft. 2 in.)
Backhoe Dimensions and Performance
Backhoe specifcations are with 610-mm x 0.21-m3 (24 in. x 7.5 cu. ft.) bucket; dipper lift specs are with a boom angle of 65 deg.
Bucket Range 305–610 mm (12–24 in.)
Digging Force
Bucket Cylinder 70.9 kN (15,947 lb.)
Lift Mode 78.3 kN (17,596 lb.)
Crowd Cylinder 38.9 kN (8,750 lb.)
Lift Mode 42.9 kN (9,655 lb.)
Swing Arc 180 deg.
Operator Control 2 levers
With Extendable Dipperstick With Extendable Dipperstick
Retracted Extended
F Loading Height, Truck Loading Position 3.63 m (11 ft. 11 in.)4.25 m (13 ft. 11 in.)
G Reach from Center of Swing Pivot 5.62 m (18 ft. 5 in.)6.60 m (21 ft. 8 in.)
H Reach from Center of Rear Axle 6.68 m (21 ft. 11 in.)7.67 m (25 ft. 2 in.)
I Digging Depth (SAE maximum)4.51 m (14 ft. 10 in.)5.52 m (18 ft. 1 in.)
J Digging Depth (SAE)
610-mm (2 ft.) Flat Bottom 4.47 m (14 ft. 8 in.)5.49 m (18 ft. 0 in.)
2440-mm (8 ft.) Flat Bottom 4.16 m (13 ft. 8 in.)5.26 m (17 ft. 3 in.)
K Stabilizer Width, Transport 2.18 m (7 ft. 2 in.)2.18 m (7 ft. 2 in.)
L Stabilizer Spread, Operating
Standard Stabilizers 3.10 m (10 ft. 2 in.)3.10 m (10 ft. 2 in.)
Long Stabilizers 3.45 m (11 ft. 4 in.)3.45 m (11 ft. 4 in.)
M Stabilizer Overall Width, Operating
Standard Stabilizers 3.53 m (11 ft. 7 in.)3.53 m (11 ft. 7 in.)
Long Stabilizers 4.03 m (13 ft. 3 in.)4.03 m (13 ft. 3 in.)
N Bucket Rotation 190 deg.190 deg.
O Transport Height 3.57 m (11 ft. 9 in.)3.57 m (11 ft. 9 in.)
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Lift Capacity with Bucket
Lift capacities are over-end values in kg (lb.) according to SAE J31. Figures listed are 87% of the maximum lift force available. Calculated with 610-mm x 0.21-m3
(24 in. x 7.5 cu. ft.) bucket. Bucket impacts overall lift capacity.
With 1.06-m (3 ft. 6 in.)
Extendable Dipperstick, Retracted
With 1.06-m (3 ft. 6 in.)
Extendable Dipperstick, Extended
Standard Lift Lift Mode Standard Lift Lift Mode
A 4588 kg (10,116 lb.) 4591 kg (10,122 lb.) 3404 kg (7,504 lb.) 3811 kg (8,401 lb.)
B 3012 kg (6,640 lb.) 3012 kg (6,640 lb.) 2165 kg (4,772 lb.) 2435 kg (5,367 lb.)
C 2652 kg (5,846 lb.) 2652 kg (5,846 lb.) 1873 kg (4,130 lb.) 2111 kg (4,653 lb.)
D 2583 kg (5,694 lb.) 2583 kg (5,694 lb.) 1761 kg (3,883 lb.) 1955 kg (4,309 lb.)
E 2553 kg (5,629 lb.) 2727 kg (6,011 lb.) 1698 kg (3,744 lb.) 1853 kg (4,086 lb.)
F 1131 kg (2,494 lb.) 1303 kg (2,872 lb.) 1647 kg (3,630 lb.) 1832 kg (4,039 lb.)
G 1338 kg (2,951 lb.) 1539 kg (3,392 lb.) 1578 kg (3,480 lb.) 1781 kg (3,926 lb.)
H 1388 kg (3,061 lb.) 1598 kg (3,522 lb.) 1452 kg (3,202 lb.) 1641 kg (3,617 lb.)
I 1390 kg (3,064 lb.) 1602 kg (3,532 lb.) 725 kg (1,599 lb.) 847 kg (1,867 lb.)
J 1372 kg (3,025 lb.) 1584 kg (3,493 lb.) 899 kg (1,982 lb.) 1044 kg (2,302 lb.)
K 1346 kg (2,968 lb.) 1558 kg (3,435 lb.) 977 kg (2,154 lb.) 1133 kg (2,499 lb.)
L 1318 kg (2,907 lb.) 1529 kg (3,371 lb.) 1014 kg (2,235 lb.) 1176 kg (2,594 lb.)
M 1292 kg (2,848 lb.) 1501 kg (3,310 lb.) 1030 kg (2,270 lb.) 1196 kg (2,637 lb.)
N 1269 kg (2,798 lb.) 1478 kg (3,259 lb.) 1034 kg (2,280 lb.) 1203 kg (2,651 lb.)
O 1254 kg (2,764 lb.) 1463 kg (3,226 lb.) 1032 kg (2,276 lb.) 1202 kg (2,651 lb.)
P 1251 kg (2,757 lb.) 1463 kg (3,255 lb.) 1028 kg (2,266 lb.) 1199 kg (2,642 lb.)With Extendable Dipperstick, Retracted With Extendable Dipperstick, Extended
Q 1273 kg (2,807 lb.) 1492 kg (3,288 lb.) 1022 kg (2,253 lb.) 1194 kg (2,632 lb.)
R 1376 kg (3,034 lb.) 1614 kg (3,557 lb.) 1018 kg (2,243 lb.) 1191 kg (2,625 lb.)
S 1570 kg (3,460 lb.) 1839 kg (4,053 lb.) 1016 kg (2,240 lb.) 1191 kg (2,625 lb.)
T ——1020 kg (2,249 lb.) 1197 kg (2,639 lb.)
U ——1034 kg (2,279 lb.) 1214 kg (2,677 lb.)
V ——1066 kg (2,351 lb.) 1254 kg (2,764 lb.)
W ——1145 kg (2,524 lb.) 1346 kg (2,968 lb.)
X ——1428 kg (3,149 lb.) 1675 kg (3,693 lb.)
Y ——3058 kg (6,741 lb.) 3552 kg (7,831 lb.)
Loader Dimensions and Performance 310SL HL
P Bucket Dump Angle, Maximum 45 deg.
Q Rollback Angle at Ground Level 40 deg.
Heavy-duty Heavy-duty long lip Heavy-duty Multipurpose
Bucket Capacity 0.86 m3 (1.12 cu. yd.)0.96 m3 (1.25 cu. yd.)1.00 m3 (1.31 cu. yd.)1.00 m3 (1.31 cu. yd.)
Width 2184 mm (86 in.)2184 mm (86 in.)2346 mm (92 in.)2346 mm (92 in.)
Weight 390 kg (860 lb.)405 kg (892 lb.)521 kg (1,148 lb.)863 kg (1,902 lb.)
Breakout Force 49.4 kN (11,106 lb.)46.7 kN (10,497 lb.)47.1 kN (10,587 lb.)43.4 kN (9,767 lb.)
Lift Capacity, Full Height 3397 kg (7,489 lb.)3141 kg (6,924 lb.)3257 kg (7,181 lb.)2774 kg (6,116 lb.)
R Height to Bucket Hinge Pin, Maximum 3.43 m (11 ft. 3 in.)3.43 m (11 ft. 3 in.)3.43 m (11 ft. 3 in.)3.43 m (11 ft. 3 in.)
S Dump Clearance, Bucket at 45 deg.2.73 m (8 ft. 11 in.)2.63 m (8 ft. 8 in.)2.67 m (8 ft. 9 in.)2.63 m (8 ft. 8 in.)
T Reach at Full Height, Bucket at 45 deg.744 mm (29.3 in.)870 mm (34.2 in.)740 mm (29.1 in.)782 mm (30.8 in.)
U Digging Depth Below Ground, Bucket Level 124 mm (4.9 in.)105 mm (4.1 in.)168 mm (6.6 in.)164 mm (6.5 in.)
V Length from Front Axle Centerline to Bucket
Cutting Edge
1.98 m (6 ft. 6 in.)2.13 m (7 ft. 0 in.)2.05 m (6 ft. 9 in.)2.10 m (6 ft. 11 in.)
Lift Capacity with Quick-Coupler Forks
Hydraulic Capacity 1219-mm (48 in.) Tines 1524-mm (60 in.) Tines
A|Maximum Height 2059 kg (4,539 lb.)2008 kg (4,426 lb.)
B|Maximum Reach 3542 kg (7,809 lb.)3484 kg (7,681 lb.)
C|At Ground Line 4079 kg (8,992 lb.)4027 kg (8,879 lb.)
D|Below Ground Line 211 mm (8.3 in.)211 mm (8.3 in.)
048 121620
0 1234567
FEET
METERS
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METERS
048 12 16 20
0 1234567
SWING PIVOT SWING PIVOT
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BOOMLIFT
DIPPERLIFTWITHBOOMAT 65°
BOOMLIFT
DIPPERLIFTWITHBOOMAT 65°
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310SL HL
ATTACHMENT 1
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Additional equipment
Net engine power is with standard equipment including air cleaner, exhaust system, alternator, and cooling fan at test conditions specified per ISO 9249. No derating
is required up to 1500-m (5,000 ft.) altitude for the 310L and up to 3050-m (10,000 ft.) for the 310L with optional altitude-compensating turbocharger, the 310SL,
the 310SL HL, the 315SL, and the 410L. Specifications and design are subject to change without notice. Wherever applicable, specifications are in accordance with
ISO standards. Except where otherwise noted, these specifications are based on 310L EP and 310L units with 19.5L-24-in. 12 PR (R4) tubeless rear and 12.5/80-18
10PR (R4) front tires, 0.86-m3 (1.12 cu. yd.) loader buckets, and 610-mm x 0.18-m3 (24 in. x 6.5 cu. ft.) backhoe buckets; a 310SL unit with 19.5L-24-in. 12 PR (R4)
tubeless rear and 12.5-80/18 10PR (R4) front tires, 1.00-m3 (1.31 cu. yd.) loader bucket, and 610-mm x 0.21-m3 (24 in. x 7.5 cu. ft.) backhoe bucket; a 310SL HL unit
with boost mode, 21L-24 in. 12 PR (R4) tubeless rear and 12.5/80-18 10PR front tires, 1.00-m3 (1.31 cu. yd.) loader bucket, and 610-mm x 0.21-m3 (24 in. x 7.5 cu. ft.)
backhoe bucket; a 315SL unit with 19.5L-24 in. 12 PR (R4) tubeless rear and 12.5-80/18 10PR (R4) front tires, 1.00-m3 (1.31 cu. yd.) loader bucket, and 610-mm x
0.21-m3 (24 in. x 7.5 cu. ft.) backhoe bucket; and a 410L unit with boost mode, 21L-24-in. 12 PR (R4) tubeless rear and 12.5/80-18 10PR front tires, 1.15-m3 (1.5 cu. yd.)
loader bucket, and 610-mm x 0.21-m3 (24 in. x 7.5 cu. ft.) backhoe bucket.
310L
EP 310L 310SL
310SL
HL 315SL 410L Engine
l l l l l l Coolant recovery tank with low-level indicator
l l l l l Foldout, hinged cooling system
l l l l l l Serpentine belt with automatic belt tensioner
l Suction-type cooling fan
s Viscous variable-rate cooling fan
l l l l l Electronically controlled, variable-rate suction-
type cooling fan
l l l l l Self-cleaning exhaust aftertreatment system
ssssssChrome exhaust extension
l l l Grid heat
l l Glow plugs
s Ether starting aid
ssssss1,000-watt electric engine coolant heater
l l l l l l Electronic fuel lift pump
Powertrain
l l PowerShift™ transmission: Torque converter
with twist-grip Transmission Control Lever
(TCL) and neutral safety switch interlock (1st
through 4th gears)
l l l l PowerShift transmission: Torque converter
with twist-grip TCL and neutral safety switch
interlock (1st through 5th gears)
l l l l 5th-gear overdrive
ssssAutoShift transmission
l l l l l l Transmission oil cooler
ssslssTransmission remote oil-sampling port
l l l l l Differential lock, electric foot actuated, protec-
tion on/off
l Differential lock, electric foot actuated
l l l l Auto shutdown
l l l l l l Planetary fnal drives
l l l l l l Power-assisted hydraulic service brakes (con-
form to ISO 3450): Inboard, wet multi-disc,
self-adjusting and self-equalizing
l l l l l l Parking/emergency brake with electric switch
control (conforms to ISO 3450): Spring applied,
hydraulically released wet multi-disc / Indepen-
dent of service brakes
l l l l l l Hydrostatic power steering with emergency
manual mode
ssssssNon-powered front axle
l l MFWD with open differential: Electric on/off
control / Sealed axle
ssll l l MFWD with traction-control limited-slip differ-
ential: Electric on/off control / Sealed axle
l l l l l l Automatic MFWD braking (4th and 5th gear
overdrive only)
ssssssMFWD driveshaft guard
310L
EP 310L 310SL
310SL
HL 315SL 410L Backhoe
l l Lift mode
l l Standard dipperstick, 4.27-m (14 ft. 0 in.)
digging depth
l Standard dipperstick, 4.34-m (14 ft. 3 in.)
digging depth
l Standard dipperstick, 4.17-m (13 ft. 8 in.)
digging depth
l Standard dipperstick, 4.83-m (15 ft. 10 in.)
digging depth
sssls Extendable dipperstick, 1.06-m (3 ft. 6 in.)
extension
s Extendable dipperstick, 1.21-m (4 ft. 0 in.)
extension
sls Heavy-duty backhoe bucket cylinder
l l l l l ISO (Deere) 2-lever mechanical backhoe
controls
ssslss2-lever pilot controls with pattern-selection
feature
l l Backhoe transport lock lever
l l l l l l Swing lock pin stored in operator’s station
l l l l l l Stabilizers with 2-direction anti-drift valves
sl Extended (long) stabilizers with reversible pads
ssssSevere-duty backhoe bucket with lift loops
ssss s Backhoe couplers for John Deere, Case, and
Cat buckets
ssslssAuxiliary backhoe valve for swingers, thumbs,
etc. with auxiliary plumbing
ssslssAuxiliary backhoe valve for hammers and com-
pactors with auxiliary plumbing
ssss s Hydraulic thumb
Loader†
l l l l l l Loader bucket anti-spill (rollback)
l l l l l l Return-to-dig feature
l l l l l l Single-lever control with electric clutch
disconnect
l l l l l l Bucket-level indicator
l l l l l l Loader boom service lock
ss s Auxiliary loader hydraulics with 2-lever control
s s Auxiliary loader hydraulics with single control
lever with EH auxiliary control (MFWD and
clutch disconnect)
l Auxiliary loader hydraulics with thumb-switch
control
ssssssHydraulic coupler for buckets, forks, etc.
ssssssRide control
†See dealer for range of heavy-duty, multipurpose, and coupler buckets and forks.
Key: l Standard s Optional or special See your John Deere dealer for further information.
34
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Key: l Standard s Optional or special See your John Deere dealer for further information.
310L
EP 310L 310SL
310SL
HL 315SL 410L Hydraulic System
l 119-L/m (31.5 gpm) tandem-gear pump with
unloader, open-center system
l 106-L/m (28 gpm) single-gear pump, open-
center system
l l 136-L/m (36 gpm) tandem-gear pump, open-
center system
l l 159-L/m (42 gpm) axial-piston pump, PCLS
system
l l l l Auto-idle
l l l l l l Economy mode
l l l l l l Dedicated hydraulic reservoir
Electrical System
l l l l l l 12-volt system
l 90-amp alternator (canopy and quarter cab)
l 120-amp alternator (cab)
l l l l 120-amp alternator (canopy and quarter cab)
l l l l l 150-amp alternator (cab)
l l l l l Single battery with 190-min. reserve capacity
and 925 CCA
ssslssDual batteries with 380-min. reserve capacity
and 1,850 CCA
ssssssRemote jump posts and battery disconnect
Lights
l l l l l l Halogen lights (10), 32,500 candlepower each
(4 front driving/working, 4 rear working, and
2 side docking)
l l l l l l Turn signal/fashing (2 front and 2 rear)
l l l l l l Rear stop and tail (2)
ssssssLED lights, feld installed
Operator’s Station
l l l l l l Modular-design ROPS/FOPS (Level 2) canopy
with molded roof (meets ISO 3449 and ISO
3471/SAE J1040): Isolation mounted
l l l l l l Molded foor mats (with pilot controls only)
l l l l l l 12-volt outlet
l l l l l l Lockable right-side storage
ssssssLockable left-hand storage with cup holders
ssssssInterior front-view mirror
ssssssOutside rearview mirrors
l l l l l l Rotary-dial hand throttle
l l l l l l Suspended foot throttle
ssssssAir-suspension seat (with cab only)
l l Key start switch with electric fuel shutoff
l l l l l l Tilt steering, infnitely adjustable (with cab only)
ssss s Tilt steering, infnitely adjustable (with canopy
and quarter cab)
l l l l Keyless start
ssll l l Machine security (enabled through monitor)
l l l l l l Digital display of engine hours, engine rpm,
and system voltage
l l l l Sealed-switch module
310L
EP 310L 310SL
310SL
HL 315SL 410L Operator’s Station (continued)
l l l l Multi-function lever: Turn signals / Windshield
wipers / Some light functionality
l l l l l l Monitor system with audible and visual warn-
ings: Engine air restriction / Low alternator
voltage / Engine oil pressure / Hydraulic flter
restriction / Parking brake on/off / Aftertreat-
ment temperature / Transmission fuid temper-
ature / Fuel / Hour meter / Machine diagnostic
information via 4-push-button/LCD operator
interface
l l l l l l Canopy: Mechanical-suspension deluxe vinyl
swivel seat with lumbar adjustment and arm-
rests (fully adjustable)
sss Quarter Cab: Mechanical-suspension deluxe
fabric swivel seat with lumbar adjustment and
armrests (fully adjustable), front windshield,
and windshield wiper (1 front)
ssssssCab with Dual Doors and A/C: Mechanical-
suspension deluxe fabric swivel seat with lum-
bar adjustment / Headliner, dome light, left
and right cab doors, tinted safety glass, wind-
shield wipers (1 rear and 1 front), front wind-
shield washer, fresh-air intake, and heater/
defroster/pressurizer (11.7-kW [40,000 Btu/h]
heater) / A/C (7.6-kW [26,000 Btu/h] output
and CFC-free R134a refrigerant
ssssssAM/FM/weather-band radio (with cab only)
ssssssPremium radio package with XM Satellite
Radio™ (with cab only; includes additional
12-volt and USB outlets)
Overall Vehicle
l l l l l l 1-piece unitized construction mainframe
l l l l l l Vehicle tie-downs (2 front and 2 rear)
l l l l l l Remote grease bank for front axle
l l l l Front cover
sssllsHeavy-duty front bumper
ssssssFront counterweight – 204 kg (450 lb.), 340 kg
(750 lb.), 454 kg (1,000 lb.), or 567 kg (1,250 lb.)
ssssssRubber grille bumpers
l l l l l l Fuel tank, 140.1 L (37 gal.), ground-level fueling
l l l l l l 2-position easy-tilt hood
l l l l l l Extended grille frame
l l l l l l Removable toolbox with padlock hasp
l l l l l Vandal protection for locking monitor, engine
hood, toolbox, hydraulic reservoir, and fuel tank
l Vandal protection for locking engine hood,
toolbox, hydraulic reservoir, and fuel tank
l l l l l l Reverse warning alarm
l l l l l l Dent-resistant full-coverage rear fenders
sss s Backhoe boom-protection plate
l l l l l l JDLink™ Ultimate wireless communication
system (available in specifc countries; see
your dealer for details)
Net engine power is with standard equipment including air cleaner, exhaust system, alternator, and cooling fan at test conditions specified per ISO 9249. No derating
is required up to 1500-m (5,000 ft.) altitude for the 310L and up to 3050-m (10,000 ft.) for the 310L with optional altitude-compensating turbocharger, the 310SL,
the 310SL HL, the 315SL, and the 410L. Specifications and design are subject to change without notice. Wherever applicable, specifications are in accordance with
ISO standards. Except where otherwise noted, these specifications are based on 310L EP and 310L units with 19.5L-24-in. 12 PR (R4) tubeless rear and 12.5/80-18
10PR (R4) front tires, 0.86-m3 (1.12 cu. yd.) loader buckets, and 610-mm x 0.18-m3 (24 in. x 6.5 cu. ft.) backhoe buckets; a 310SL unit with 19.5L-24-in. 12 PR (R4)
tubeless rear and 12.5-80/18 10PR (R4) front tires, 1.00-m3 (1.31 cu. yd.) loader bucket, and 610-mm x 0.21-m3 (24 in. x 7.5 cu. ft.) backhoe bucket; a 310SL HL unit
with boost mode, 21L-24 in. 12 PR (R4) tubeless rear and 12.5/80-18 10PR front tires, 1.00-m3 (1.31 cu. yd.) loader bucket, and 610-mm x 0.21-m3 (24 in. x 7.5 cu. ft.)
backhoe bucket; a 315SL unit with 19.5L-24 in. 12 PR (R4) tubeless rear and 12.5-80/18 10PR (R4) front tires, 1.00-m3 (1.31 cu. yd.) loader bucket, and 610-mm x
0.21-m3 (24 in. x 7.5 cu. ft.) backhoe bucket; and a 410L unit with boost mode, 21L-24-in. 12 PR (R4) tubeless rear and 12.5/80-18 10PR front tires, 1.15-m3 (1.5 cu. yd.)
loader bucket, and 610-mm x 0.21-m3 (24 in. x 7.5 cu. ft.) backhoe bucket.
Additional equipment (continued)
ATTACHMENT 1
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5087 N.E. 46th Avenue Des Moines, IA 50317 515-263-0055
10893 112 Road Dodge City, KS 67801 620-227-3139
1303 3rd Ave. Northwest Fort Dodge, IA 50501 515-576-3184
P.O. Box 460 Gering, NE 69341 308-436-2177
3204 S. Engleman Road Grand Island, NE 68803 308-381-0741
P.O. Box 1206 Great Bend, KS 67530 620-792-2748
1601 N. Corrington Kansas City, MO 64120 816-483-5000
6310 N. 56th Street Lincoln, NE 68504 402-467-1300
P.O. Box 1013 North Platte, NE 69103 308-534-7020
9751 S. 148th Omaha, NE 68138 402-894-1899
P.O. Box 5349 Sioux City, IA 51102 712-252-2753
1401 State Hwy MM Springfield, MO 65802 417-863-1000
1621 N.W. Gage Blvd. Topeka, KS 66618 785-233-0556
P.O. Box 387 Ulysses, KS 67880 620-356-1071
P.O. Box 2520 Waterloo, IA 50704 319-235-7085
P.O. Box 17366 Wichita, KS 67217 316-942-1457
Corporate Office
P.O. Box 17366 Wichita, KS 67217 316-945-101
April 8, 2016
Shannon Callahan ' Street Superintendent
City of Grand Island Street Department
111 West North Front Street
Grand Island, NE 68801
Shannon:
Attached is an Excel worksheet I built to reconcile the list prices from Deere and the 43%
discount available through the NJPA.
The original List Price for this machine from the 2015 Price List was $175,201.00 from which I deducted $850.00 for the Basic Radio Package, resulting in the total list price of $174,351.00.
Listing all the additional items and charges associated with delivery and preparation of the tractor; the final NJPA price is $113,454.07 and the quoted price to the City of Grand island
Street Department is $110,434.00. This is $3020.07 less than the calculated NJPA price.
The only component this tractor has that we did not include in the initial quote is the auxiliary
hydraulics on the backhoe. List on those is $5196.00, with the discount your cost is $2927.52.
Even with the additional component I am still lower than the calculated NJPA price and in the
long run I believe you will be glad you have the additional hydraulic capability.
Please review the provided information and feel free to call me with any questions you may have.
Respectfully,
William J. R. (Bill) Boyer
Territory Sales Manager
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ATTACHMENT 4
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Grand Island Council Session - 4/26/2016 Page 193 / 237
Approved as to Form ¤ ___________
April 22, 20162 ¤ City Attorney
R E S O L U T I O N 2016-97
WHEREAS, the National Joint Powers Alliance Buying Group was utilized to
secure competitive bids for a New Backhoe Loader by the Streets Division of the Public Works
Department; and
WHEREAS, the National Joint Powers Alliance Buying Group Contract No.
032515-JDCALT was awarded John Deere Construction Retail Sales and subsequent vendor
locations including Murphy Tractor & Equipment Co. of Grand Island, Nebraska; and
WHEREAS, the Public Works Department has recommended the purchase of the New
Backhoe Loader from Murphy Tractor & Equipment Co. of Grand Island, Nebraska for a
purchase price of $110,434.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent
payment is authorized for the New Backhoe Loader from Murphy Tractor & Equipment Co. of
Grand Island, Nebraska is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 194 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item G-12
#2016-98 - Approving Purchasing/Buying Group for all City
Departments (The Cooperative Purchasing Network)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 4/26/2016 Page 195 / 237
Council Agenda Memo
From:Marvin Strong PE, Wastewater Treatment Plant Engineer
Meeting:April 26, 2016
Subject:Approving Purchasing/Buying Group for all City
Departments (The Cooperative Purchasing Network)
Presenter(s):John Collins PE, Public Works Director
Background
Grand Island City Council amended the City’s purchasing/procurement policy to allow
the use of buying groups. The Grand Island Public Works Department would like to
utilize The Cooperative Purchasing Network (TCPN) buying group to facilitate lower
purchase costs of nuts, bolts, and other hardware to aid in maintenance; as well as
chemicals used at the Wastewater Treatment Plant and other facility type supplies.
Initially this would be used as a budgeting tool because each type of item has a list of
manufacturers and their submitted prices, including options.
Discussion
The Public Works Department requests the City of Grand Island join The Cooperative
Purchasing Network (TCPN) buying group to facilitate future purchases. The buying
group is free to join and there is no obligation to buy. The buying group is used by
government and non-profit corporations to make purchases of specialty equipment.
Goods and services are competitively solicited for commonly purchased products and
services.
There would be some overlap with the State of Nebraska contracts but there are
commodities and equipment that the State of Nebraska does not purchase through
contracts that match our needs or specifications. The joint purchasing venture specifies a
variety of sizes and models for each type of equipment so we would be able to find a
closer match to our needs/restrictions.
The City’s Legal Department has reviewed this group and it complies with City Code
purchasing requirements.
By joining The Cooperative Purchasing Network (TCPN), the Public Works Department
and other City departments will be able to utilize this buying group for future purchases.
Grand Island Council Session - 4/26/2016 Page 196 / 237
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 use of The Cooperative
Purchasing Network (TCPN) as an authorized buying group.
Sample Motion
Move to allow The Cooperative Purchasing Network (TCPN) to be added to the list of
approved buying groups or vendors for future purchases.
Grand Island Council Session - 4/26/2016 Page 197 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-98
WHEREAS, the City of Grand Island amended the City purchasing policy to allow the
use of buying groups on May 28, 2013; and
WHEREAS, on June 25, 2013, by Resolution No. 2013-193 the City Council approved
adding Houston Galveston Area Council (H-GAC) to the list of buying groups; and
WHEREAS, on November 12, 2103, by Resolution No. 2013-368 the City Council
approved adding Admin Minnesota Materials Management Division to the list of buying groups;
and
WHEREAS, The Cooperative Purchasing Network (TCPN) is another buying group used
by government agencies; and
WHEREAS, joining The Cooperative Purchasing Network (TCPN) is free of charge and
offers increased buying power to the City of Grand Island; and
WHEREAS, the Grand Island Public Works Department and all other City departments
would have the option of utilizing this buying group for upcoming purchases.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City be authorized to join The
Cooperative Purchasing Network (TCPN) and authorizes the Mayor to sign the contract for
entry.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 198 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item I-1
#2016-99 - Consideration of Fees 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 - 4/26/2016 Page 199 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-99
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 revised tap fee total of
$101,070.57; and
Such benefits are equal and uniform; and
According to the area 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
Connection
Fee
400140624 Jay L & Julie Hehnke
The North Two Hundred Eleven (211) feet of the West One-Third
(W 1/3) of Lot One (1), Windolph’s Subdivision of a part of the
West Half of the Northeast Quarter (W ½ NE ¼) and part of the
East Half of the Northwest Quarter (E ½ NW ¼) of Section
Fourteen (14), in Township Eleven (11) North, Range Nine (9)
West, of the 6th P.M., Hall County, Nebraska and that part of
vacated Lueth Drive more particularly described in Ordinance No.
9244 recorded as Document No. 200909314.
$7,563.81
400140616 Horacio D Vazquez
All of the West One Third (W 1/3) of Lot One (1), excepting the
North Two Hundred Eleven (211) Feet Thereof in Windolph’s
Subdivision of a part of the West Half of the Northeast Quarter
and a part of the East Half of the Northwest Quarter (E ½ NW ¼)
of Section Fourteen (14), in Township Eleven (11) North, Range
Nine (9), West of the 6th P.M., Hall County, Nebraska
$7,856.48
400140594 Horacio D Vazquez
The center 1/3 of Lot One (1), of Windolph’s Subdivision of part
of the West Half of the Northeast Quarter (W ½ NE ¼) and a part
of the East Half of the Northwest Quarter (E ½ NW ¼) of Section
Fourteen (14), Township Eleven (11) North, Range Nine (9),
West of the 6th P.M., in Hall County, Nebraska, more particularly
described as follows:
Commencing at the Northeast corner of said Lot One (1); running
thence West of the North line of said Lot One (1), a distance of
Eighty Three and Seventy One Hundredths (83.71) feet to the
actual point of beginning; thence running South parallel with the
East line of said Lot One (1), a distance of Nine Hundred Seven
and Five Tenths (907.5) feet; running thence West parallel with
the North line of said Lot One (1), a distance of Eighty Three and
Seventy One Hundredths (83.71) feet (said distance being the
center 1/3 of said Lot at this point); thence running North parallel
with the West line of said Lot One (1), a distance of Nine
Hundred Seven and Five Tenths (907.5) feet to the North line of
said Lot One (1), a distance of Nine Hundred Seven and Five
Tenths (907.5) feet to the North line of said Lot One (1), Eighty
Three and Seventy One Hundredths (83.71) feet East of the
Northwest corner of said Lot One (1); running East on the North
line of said Lot One (1), a distance of Eighty Three and Seventy
One Hundredths (83.71) feet to the point of beginning.
$7,856.48
Grand Island Council Session - 4/26/2016 Page 200 / 237
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400140608
Sebastian Alvarez Perez
Olivia Margarita Tzun
Vicente
The East One Third (E 1/3) of Lot One (1) of Windolph’s
Subdivision of part of the West Half of the Northeast Quarter (W
½ NE ¼) of Section Fourteen(14), Township Eleven (11) North,
Range Nine (9), West of the 6th P.M., Hall County, Nebraska.
$7,856.48
400140632 James Richard
Schleicher
That part of Lot Two (2) of Windolph’s Subdivision of a part of the
West Half of the Northeast Quarter (W ½ NE ¼) and part of the
East Half of the Northwest Quarter (E ½ NW ¼) of Section
Fourteen (14), Township Eleven (11) North, Range Nine (9),
West of the 6th P.M., Hall County, Nebraska, beginning at the
Northwest corner of Lot Two (2) of Windolph’s Subdivision;
thence Easterly along the North line of said Lot Two (2), a
distance of One Hundred Twenty Five and Six Tenths (125.6)
feet to a point; thence Southerly along a line parallel to the West
line of said Lot Two (2), a distance of Two Hundred (200.0) feet
to a point; thence Westerly along a line parallel to the North line
of said Lot Two (2) a distance of One Hundred Twenty Five and
Six Tenths (125.6) feet to a point on the West line of said Lot Two
(2); thence Northerly along the West line of said Lot Two (2) a
distance of Two Hundred (200.0) feet to the point of beginning.
$7,856.48
400104997 Luis A Gonzalez
Ana R Ortiz
A tract of land comprising a Part of Lot One (1), Voss
Subdivision, City of Grand Island, Hall County, Nebraska and
more particularly described as follows:
Beginning at a point on the South line of said Lot One (1), said
point being Three Hundred Five and One Tenth (305.1) feet West
of the Southeast corner of said Lot One (1), thence running
Northerly parallel to the east line of said Lot One (1), a distance
of Two Hundred Ten (210.0) feet; thence running Westerly
parallel to the South line of said Lot One (1) a distance of Sixty
Six (66.0) feet; thence running Southerly parallel to the East line
of said Lot One (1) a distance of Two Hundred Ten (210.0) feet to
a point on the South line of said Lot One (1); thence running
easterly along the South line of said Lot One (1) a distance of
Sixty Six (66.0) feet to the point of beginning.
$7,625.48
400105020 Michael A Kraft
A tract of land comprising a part of Lot One (1), Voss Subdivision
to the City of Grand Island, Hall County, Nebraska, more
particularly described as follows:
Beginning at a point on the South line of said Lot One (1), said
point being Four Hundred Three and One Tenth (403.1) feet
West of the Southeast corner of said Lot One (1); thence
Northerly parallel to the East line of said Lot One (1), a distance
of One Hundred Eighty Three and Nine Tenths (183.9) feet;
thence Westerly parallel to the South line of said Lot One (1) a
distance of Sixty Six (66.0) feet; thence Southerly parallel to the
East line of said Lot One (1), a distance of One Hundred Eighty
Three and Nine Tenths (183.9) feet to the South line of said Lot
One (1); thence Easterly along the South line of said Lot One (1)
a distance of Sixty Six (66.0) feet to the point of beginning.
$7,856.48
400105012 Harold G Zimmerman, Jr.
Corina Zimmerman
A tract of land comprising a part of Lot One (1), Voss Subdivision
of the South Half (S ½) of Section Eleven (11), Township Eleven
(11) North, Range Nine (9), West of the 6th P.M., in the City of
Grand Island, Hall County, Nebraska, more particularly described
as follows:
Beginning at the Southwest corner of said Lot One (1), Voss
Subdivision, said point also being the Southwest corner of the
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼);
thence running Easterly along the South line of the Southeast
Quarter of the Southwest Quarter (SE ¼ SW ¼), a distance of
$7,856.48
Grand Island Council Session - 4/26/2016 Page 201 / 237
- 3 -
Four Hundred Seventeen and Sixty Four Hundredths (417.64)
feet, to the actual point of beginning; thence deflecting left
90o29’49” and running Northerly a distance of One Hundred
Eighty Three and Seventy Four Hundredths (183.74) feet; thence
deflecting right 90o24’58” and running Easterly a distance of One
Hundred Thirty Two and Seven Tenths (132.7) feet; thence
deflecting right 89o35’02” and running Southerly a distance of
One Hundred Eighty Three and Eighty Six Hundredths (183.86)
feet to a point in the South line of said Southeast Quarter of the
Southwest Quarter (SE ¼ SW ¼); thence deflecting right
90o29’49” and running Westerly along the South line of said
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) , a
distance of One Hundred Thirty Two and Sixty Eight Hundredths
(132.68) feet, to the actual point of beginning.
400105004 Kristine L Colclasure
A part of Lot One (1), of Voss Subdivision of part of the South
Half (S ½) of Section Eleven (11), Township Eleven (11) North,
Range Nine (9), West of the 6th P.M., Hall County, Nebraska,
more particularly described as follows:
Beginning at the Southwest corner of the Southeast Quarter of
the Southwest Quarter (SE ¼ SW ¼) of said Section Eleven (11),
running thence Easterly along and upon the South line of said
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) of
said Section Eleven (11), a distance of Two Hundred Seventy-
Seven and Five Tenths (277.5) feet; thence Northerly and parallel
to the Westerly line of said Southeast Quarter of the Southwest
Quarter (SE ¼ SW ¼) of said Section Eleven (11), a distance of
Thirty-Three (33.0) feet; thence continuing Northerly a distance of
One Hundred Fifty and Nine Tenths (150.9) feet; thence Easterly
and parallel to the Southerly line of said Southeast Quarter of the
Southwest Quarter (SE ¼ SW ¼) of Section Eleven (11), a
distance of Fifty (50.0) feet to the point of beginning; thence
continuing Easterly a distance of Ninety (90.0) feet; thence
Southerly parallel to the Westerly line of said Southeast Quarter
of the Southwest Quarter (SE ¼ SW ¼) of said Section Eleven
(11), a distance of One Hundred Fifty and Nine Tenths (150.9)
feet; thence Westerly parallel and Thirty Three (33.0) feet
Northerly form the Southerly line of the Southeast Quarter of the
Southwest Quarter (SE ¼ SW ¼) of said Section Eleven (11), a
distance of Ninety (90.0) feet; thence Northerly and parallel to the
Westerly line of said Southeast Quarter of the Southwest Quarter
(SE ¼ SW ¼) of said Section Eleven (11), a distance of One
Hundred Fifty and Nine Tenths (150.9) feet to the point of
beginning.
$7,541.48
400146045 Michelle M Morganflash
Donald D Osborn
A tract of land comprising part of the East Half of the Northwest
Quarter (E ½ NW ¼) of Section Fourteen (14), Township Eleven
(11) North, Range Nine (9), West of the 6th P.M., in the City of
Grand Island, Hall County, Nebraska, more particularly described
as follows:
Beginning at the northwest corner of said East Half of the
Northwest Quarter (E ½ NW ¼); thence running Easterly along
the North line of said East Half of the Northwest Quarter (E ½ NW
¼) on an Assumed Bearing of S 89o28’02”E, a distance of Three
Hundred Twenty Seven and Fifty Nine Hundredths (327.59) feet,
to the Northwest corner of Windolph’s Subdivision; thence
running S 00o08’46”W, along the west line of Windolph’s
Subdivision, a distance of One Thousand Three Hundred
Seventeen and Ninety Seven Hundredths (1317.97) feet to a
point on the South line of the Northeast Quarter of the Northwest
$7,856.48
Grand Island Council Session - 4/26/2016 Page 202 / 237
- 4 -
Quarter (NE ¼ NW ¼); thence running N 89o30’49”W along the
South line of said Northeast Quarter of the Northwest Quarter
(NE ¼ NW ¼), a distance of Three Hundred Thirty and Twenty
Seven Hundredths (330.27) feet, to the Southwest corner of said
Northeast Quarter of the Northwest Quarter (NE ¼ NW ¼);
thence running N 00o15’45”E, along the west line of the East Half
of the Northwest Quarter (E ½ NW ¼), a distance of One
Thousand Three Hundred Eighteen and Twenty Five Hundredths
(1318.25) feet to the Point of Beginning; AND Half (½) of vacated
Lueth Drive abutting said property to the East as shown in
Ordinance No. 9244 recorded November 25, 2009 as Instrument
No. 200909314.
AND
A tract of land comprising part of the West Half of the Northwest
Quarter (W ½ NW ¼) of Section Fourteen (14), Township Eleven
(11) North, Range Nine (9), West of the 6th P.M., in the City of
Grand Island, Hall County, Nebraska, more particularly described
as follows:
Beginning at the Northeast corner of said West Half of the
Northwest Quarter (W ½ NW ¼); thence running Southerly along
the East line of said West Half of the Northwest Quarter (W ½
NW ¼) on an Assumed Bearing of S 00o15’45”W, a distance of
One Thousand Three Hundred Eighteen and Twenty Eight
Hundredths (1318.28) feet to the Southeast corner of the
Northwest Quarter of the Northwest Quarter (NW ¼ NW ¼);
thence running N 89o30’49”W, along the South line of said
Northwest Quarter of the Northwest Quarter (NW ¼ NW ¼), a
distance of Ten and Fifty Five Hundredths (10.55) feet; thence
running N 03o14’46”W a distance of Thirty Three and Forty Two
Hundredths (33.42) feet; thence running N 03o02’46”E a distance
of Sixty Four and Sixteen Hundredths (64.16) feet; thence
running N 00o28’33”E a distance of Ninety Seven and Eight
Hundredths (97.08) feet; thence running N 00o43’52”W a distance
of Sixteen and Twenty Eight Hundredths (16.28) feet; thence
running N 00o30’10”W a distance of Seven Hundred Nine and
Eighty Three Hundredths (709.83) feet; thence running N
00o13’27”E a distance of Three Hundred Ninety Seven and
Seventy Three Hundredths (397.73) feet to a point on the north
line of the West Half of the Northwest Quarter (W ½ NW ¼);
thence running S 89o28’02”E, along the north line of the West
Half of the Northwest Quarter (W ½ NW ¼) a distance of
Nineteen and Fifteen Hundredths (19.15) feet to the actual point
of beginning.
400140640 John Robert Schleicher
All of Lot Two (2) of Windolph’s Subdivision of a part of the West
Half of the Northeast Quarter (W ½ NE ¼) and part of the East
Half of the Northwest Quarter (E ½ NW ¼) of Section Fourteen
(14), Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., except for the following described parcel of land:
Beginning at the Northwest corner of Lot Two (2) of Windolph’s
Subdivision, thence Easterly along the North line of said Lot Two
(2), a distance of One Hundred Twenty Five and Six Tenths
(125.6) feet to a point; thence Southerly along a line parallel to
the West line of said Lot Two (2) a distance of Two Hundred
(200.0) feet to a point; thence Westerly along a line parallel to the
North line of said Lot Two (2) a distance of One Hundred Twenty
Five and Six Tenths (125.6) feet to a point on the West line of
said Lot Two (2); thence Northerly along the West line of said Lot
Two (2) a distance of Two Hundred (200.0) feet to the point of
$7,856.48
Grand Island Council Session - 4/26/2016 Page 203 / 237
- 5 -
beginning.
AND
All of Lot Three (3) of Windolphs’ Subdivision of a part of the
West Half of the Northeast Quarter (W ½ NE ¼) and a part of the
East Half of the Northwest Quarter (E ½ NW ¼) of Section
Fourteen (14), Township Eleven (11) North, Range Nine (9),
West of the 6th P.M., Hall County, Nebraska.
400104970 Craig L & Karla A Paro
A part of Lot One (1), Voss Subdivision of part of the South Half
(S ½) of Section Eleven (11), Township Eleven (11) North, Range
Nine (9) West of the 6th P.M., Hall County, Nebraska, more
particularly described as follows:
Beginning at the Southwest corner of the Southeast Quarter of
the Southwest Quarter (SE ¼ SW ¼) of said Section Eleven (11);
running thence Easterly along and upon the South line of said
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) of
said Section Eleven (11), a distance of Two Hundred Seventy
Seven and Five Tenths (277.5) feet; thence Northerly and parallel
to the Westerly line of said Southeast Quarter of the Southwest
Quarter (SE ¼ SW ¼) of said Section Eleven (11), a distance of
Thirty Three (33.0) feet to the actual Point of Beginning; thence
continuing Northerly on said line a distance of One Hundred Fifty
and Nine Tenths (150.9) feet; thence Easterly and parallel to the
Southerly line of said Southeast Quarter of the Southwest
Quarter (SE ¼ SW ¼) of Section Eleven (11), a distance of Fifty
(50.0) feet; thence Southerly parallel to the Westerly line of said
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) of
said Section Eleven (11), a distance of One Hundred Fifty and
Nine Tenths (150.9) feet; thence Westerly parallel and Thirty
Three (33.0) feet Northerly from the Southerly line of the
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) of
said Section Eleven (11), a distance of Fifty (50.0) feet to the
actual point of beginning.
$7,631.48
400104962 Jack & Joan McKee
Part of Lot One (1) of Voss Subdivision of part of the South Half
(S ½) of Section Eleven (11), Township Eleven (11) North, Range
Nine (9), West of the 6th P.M., Hall County, Nebraska, and more
particularly described as follows:
Beginning at the Southwest corner of the Southeast Quarter of
the Southwest Quarter (SE ¼ SW ¼) of said Section Eleven (11);
thence running North along and upon the West line of said
Southeast Quarter of the Southwest Quarter (SE ¼ SW ¼) a
distance of Six Hundred Fifty Eight and Five Tenths (658.5) feet
to a point on the South right-of- way line of U.S. Highway No. 30;
thence deflecting right and running Northeasterly along and upon
said South right-of-way line of U.S. Highway No. 30 a distance of
Two and Eighty Hundredths (2.80) feet; thence deflecting right
and running easterly a distance of Thirty and Ninety Hundredths
(30.90) feet; thence deflecting right and running Southerly a
distance of Fifty Six and Seven Tenths (56.7) feet; thence
deflecting 108o47’ left and running Northeasterly a distance of
One Hundred Seventy Six and Six Tenths (176.6) feet; thence
deflecting right and running Easterly a distance of Five Hundred
Nineteen and Sixty Five Hundredths (519.65) feet to the
Northwest corner of Bernhard Voss First Subdivision; thence
deflecting 89o36’ right and running Southerly along and upon the
west line of said Bernhard Voss First Subdivision a distance of
Three Hundred Sixty Three and Four Tenths (363.4) feet to the
$7,856.48
Grand Island Council Session - 4/26/2016 Page 204 / 237
- 6 -
Northwest corner of Lot Eleven (11), Bernhard Voss First
Subdivision; thence deflecting right 90o13’30” and running
Westerly a distance of Sixty Seven (67.0) feet, thence deflecting
left 90o13’30” and running Southerly a distance of Two Hundred
Ninety Six and Seventy Five Hundredths (296.75) feet to a point
on the South line of said Section Eleven (11); thence deflecting
right and running West along and upon said South line of Section
Eleven (11) a distance of Thirty Two (32.0) feet; thence deflecting
right 89o34’30” and running Northerly a distance of One Hundred
Eighty Three and Nine Tenths (183.9) feet; thence deflecting left
89o36’30” and running Westerly a distance of Three Hundred
Thirty Eight and Six Tenths (338.6) feet; thence deflecting left
90o25’40” and running Southerly a distance of One Hundred
Eighty Three and Fifty Five Hundredths (183.55) feet to a point
on the South line of said Section Eleven (11), thence deflecting
right 90o25’30” and running West along and upon the South line
of said Section Eleven (11) a distance of Two Hundred Seventy
Seven and Five Tenths (277.5) feet to the point of beginning.
TOTAL TAP FEES $101,070.57
BE IT FURTHER RESOLVED that the special benefits as determined by this
resolution shall not be levied as special assessments but shall be certified by this resolution to the
Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A
connection fee in the amount of the above benefit accruing to each property in the district shall
be paid to the City of Grand Island at the time such property becomes connected to the sanitary
sewer. No property benefited as determined by this resolution shall be connected to the sanitary
sewer main until the connection fee is paid. The connection fees collected shall be paid into the
fund from which construction costs were made to replenish such fund for the construction costs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 205 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item I-2
#2016-100 - Consideration of Fees 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
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 - 4/26/2016 Page 206 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-100
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 area 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
Connection
Fee
400205955 Jose Haro
Martha Haro
The North One Hundred Eighty Two (182.0) feet of a certain
part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of Section Ten (10), which point is one Thousand One
Hundred Eighty Eight (1188.0) feet West of the Northeast
corner of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10);
running thence South parallel to the East line of the said
North Ten (10) acres Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the said
North Ten (10) acres One Hundred Thirty Four and Seven
Tenths (134.7) feet to a point on the West line of the said
North Ten (10) acres; running thence North upon and along
the West line of the said North Ten (10) acres Three Hundred
Thirty One (331.0) feet to the Northwest corner of the said
North Ten (10) acres; running thence East upon and along
the North line of the said North Ten (10) acres One Hundred
Thirty Three and Nine Tenths (133.9) feet to the actual point
of beginning; EXCEPT the South Fifty (50.0) feet of said
North One Hundred Eighty Two (182.0) feet thereof; and
subject to one-half (½) of the County Road to the North and
West of said premises.
$7,463.58
400205963
Juan Rico
Anna M Villa De Rico
The South Fifty (50) feet of the North One Hundred Eighty
Two (182.0) feet of that part of the North Ten (10) acres of
the West Half of the Northwest Quarter (W ½ NW ¼) of
Section Ten (10), Township Eleven (11) North, Range Nine
(9), West of the 6th P.M., Hall County, Nebraska, more
particularly described as follows:
Beginning at a point on the North line of said Section Ten
(10), a distance of One Thousand One Hundred Eighty Eight
(1188.0) feet West of the Northeast corner of the West Half of
the Northwest Quarter (W ½ NW ¼) of said Section; running
thence South parallel to the East line of said West Half of the
Northwest Quarter (W ½ NW ¼) of said Section for a
$7,463.58
Grand Island Council Session - 4/26/2016 Page 207 / 237
- 2 -
distance of Three Hundred Thirty One (331.0) feet; running
then West parallel to the North line of said Section Ten (10),
a distance of One Hundred Thirty Four and Seven Tenths
(134.7) feet, more or less, to a point on the West line of
Section Ten (10); running thence North upon and along said
West Section line for a distance of Three Hundred Thirty One
(331.0) feet to the Northwest corner of said Section Ten (10);
running thence East upon and along the North line of said
Section Ten (10) for a distance of One Hundred Thirty Three
and Nine Tenths (133.9) feet, more or less, to the Actual
Point of Beginning.
400206080 Rhonda Coon
Ricky Coon
A certain tract of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10), in
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the West line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Hundred Eighty
Two (182.0) feet South of the Northwest corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), the point of beginning;
running thence South on the West line of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10) for
a distance of One Hundred Forty Nine (149.0) feet; running
thence East for a distance of One Hundred Thirty Four and
Seven Tenths (134.7) feet; running thence North parallel with
the West line of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of said Section Ten (10)
for a distance of One Hundred Forty Nine (149.0) feet; thence
running West and parallel to the North line of said Ten (10)
acre tract to the point of beginning. Subject, however, to One
Half (1/2) of the County Road to the West of said premises.
$7,463.58
400214059 Gary Ummel
Estel Ummel
Lot Two (2), TLST Spiehs Subdivision, City of Grand Island,
Hall County, Nebraska.$7,463.58
400205939 Timothy S Grudzinski
Cassandar L Grudzinski
The West Half of the following described tract: Part of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of Section Ten (10), Township Eleven
(11) North, Range Nine (9), West of the 6th P.M., Hall County,
Nebraska and more particularly described as follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Thousand Fifty
Six (1056.0) feet West of the Northeast corner of said North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of said North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of said tract
One Hundred Thirty Two (132.0) feet; running thence North
parallel to the East line of said tract, Three Hundred Thirty
One (331.0) feet, to a point on the North line of said Ten (10)
acres tract; running thence East along and upon the North
line of said Ten (10) acre tract, One Hundred Thirty Two
(132.0) feet to the actual point of beginning, subject however
to the Half (½) of the County Road to the North of said
premises, Hall County, Nebraska.
$7,463.58
Grand Island Council Session - 4/26/2016 Page 208 / 237
- 3 -
400205920 Reinier Fernandez Solorzano
The East Half (E ½) of the following described tract:
Part of the North Ten (10) Acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Thousand Fifty
Six (1056.0) feet West of the Northeast corner of said North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of said North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of said tract,
One Hundred Thirty Two (132.0) feet; running thence North
parallel to the East line of said tract, Three Hundred Thirty
One (331.0) feet to a point on the north line of said Ten (10)
acre tract; running thence East along and upon the North line
of said Ten (10) acre tract, One Hundred Thirty Two (132.0)
feet to the actual point of beginning.
$7,463.58
400206056 Wesley T Tjaden
Part of the West Half of the Northwest Quarter (W ½ NW ¼)
of Section Ten (10), Township Eleven (11) North, Range
Nine (9), West of the 6th P.M., more particularly described as
follows:
Beginning at a point on the North line of said Section Ten
(10), which point is Nine Hundred Twenty Four (924.0) feet
West of the Northeast corner of the Northwest Quarter of the
Northwest Quarter (NW ¼ NW ¼) of said Section Ten (10);
running thence South and parallel to the East line of said
Section Ten (10) a distance of Three Hundred Thirty One
(331.0) feet; running thence West and parallel to the North
line of said Section Ten (10) a distance of One Hundred
Thirty Two (132.0) feet; running thence North and parallel to
the East line of said Section a distance of Three Hundred
Thirty One (331.0) feet to the North line of said Section Ten
(10); running thence East and along and upon the North line
of said Section Ten (10) a distance of One Hundred Thirty
Two (132.0) feet to the point of beginning.
$7,463.58
400205947
Anna Lee Young
Life Estate B Haycock &
B Hardenbroc
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Seven Hundred
Ninety Two (792.0) feet West of the Northeast corner of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence South parallel to the East line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
$7,463.58
Grand Island Council Session - 4/26/2016 Page 209 / 237
- 4 -
of said Section Ten (10), Three Hundred Thirty One (331.0)
feet; running thence West parallel to the North line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), One Hundred
Thirty Two (132.0) feet; running thence North parallel to the
East line of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10),
Three Hundred Thirty One (331.0) feet to a point on the North
line of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10);
running thence East upon and along the North line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), One Hundred
Thirty Two (132.0) feet to the actual point of beginning,
subject, however to One Half (1/2) of the County Road to the
North of said premises.
400206013 JK Investments, LLC
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Six Hundred Sixty
(660.0) feet West of the Northeast corner of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty One (331.0) feet, to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning.
$7,463.58
400206005 Sergio Urbina
Idalia Urbina
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼), of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Five Hundred Twenty
Eight (528.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty (330.0) feet; running
thence West parallel to the North line of the North Ten (10)
$6,350.82
Grand Island Council Session - 4/26/2016 Page 210 / 237
- 5 -
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), One Hundred Thirty Two (132.0)
feet; running thence North parallel to the East line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty (330.0) feet, to a point on the North line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning; subject to One
Half (½) of the County Road to the North of said premises.
400205912 Cruz C Ramos, Sr.
Minerva M Ramos
Part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10) which point is Three Hundred Ninety
Six (396.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10) Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10) One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10) Three
Hundred Thirty One (331.0) feet to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East along and upon the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10) One Hundred Thirty Two
(132.0) feet, to the actual point of beginning; subject to One
Half (½) of the County Road to the North of said premises,
$7,463.58
400205904 Ronald Peter Pfenning
Part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point of the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Two Hundred Sixty
Four (264.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), One Hundred Thirty Two
$7,463.58
Grand Island Council Session - 4/26/2016 Page 211 / 237
- 6 -
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty One (331.0) feet, to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning, subject to One
Half (½) of the County Road to the North of said premises.
400206048 Timothy S Spiehs
Lisa M Spiehs
Lot One (1), TLST Spiehs Subdivision, City of Grand Island,
Hall County, Nebraska. $7,463.58
TOTAL TAP FEES $95,913.78
BE IT FURTHER RESOLVED that the special benefits as determined by this
resolution shall not be levied as special assessments but shall be certified by this resolution to the
Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A
connection fee in the amount of the above benefit accruing to each property in the district shall
be paid to the City of Grand Island at the time such property becomes connected to the sanitary
sewer. No property benefited as determined by this resolution shall be connected to the sanitary
sewer main until the connection fee is paid. The connection fees collected shall be paid into the
fund from which construction costs were made to replenish such fund for the construction costs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 212 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item I-3
#2016-101 - Consideration of Request from Azteca Market, LLC
dba The Brick House, 115-117 West 3rd Street for a Class “I”
Liquor License and Liquor Manager Designation for Maria
Garcia, 644 East Meves
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 213 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-101
WHEREAS, an application was filed by Azteca Market, LLC doing business as
The Brick House, 115-117 West 3rd Street for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on April 16, 2016; such publication cost being $10.23; and
WHEREAS, a public hearing was held on April 26, 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 Maria Garcia,
644 East Meves as liquor manager of such business.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 214 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item I-4
#2016-102 - Consideration of Request from Azteca Market, LLC
dba Azteca Banquet Hall, 103 West 3rd Street for a Class “I”
Liquor License and Liquor Manager Designation for Maria
Garcia, 644 East Meves
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/26/2016 Page 215 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-102
WHEREAS, an application was filed by Azteca Market, LLC doing business as
Azteca Banquet Hall, 103 West 3rd Street for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on April 16, 2016; such publication cost being $10.23; and
WHEREAS, a public hearing was held on April 26, 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 Maria Garcia,
644 East Meves as liquor manager of such business.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 216 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item I-5
#2016-103 - Consideration of Approving Memorandum of
Understanding for Assistance to Firefighters Grant for Fire
Training Simulator
Staff Contact: Cory Schmidt, Fire Chief
Grand Island Council Session - 4/26/2016 Page 217 / 237
Council Agenda Memo
From:Fire Chief Cory Schmidt
Meeting:April 26, 2016
Subject:MOU Authorization for Fire Training Simulator
Presenter(s):Cory Schmidt, Fire Chief
Background
The Grand Island Fire Department (GIFD) and other departments in our mutual aid
association struggle to find live fire training opportunities. When Fire Station #1 was
built in 2007, the GIFD looked into relocating the training tower from the previous fire
station located at 302 South Pine to the new station location. The move was determined
to be cost prohibitive by administration and the tower was demolished. Since that time,
the GIFD has been without a training tower.
Discussion
The Assistance to Firefighters Grant (AFG) program was created to enhance the safety of
the public and firefighters with respect to fire-related hazards by providing direct
financial assistance to eligible fire departments. GIFD and several members of our
mutual aid association are eligible to apply for federal assistance to purchase a mobile
fire training simulator. The GIFD seeks to enter into a memorandum of understanding
(MOU) with the Aurora Fire Department, Chapman Fire and Rescue, Grand Island
Suburban Fire Protection District #3, and Phillips Rural Fire District #9. The MOU is
requested by the AFG program as support documentation for a grant to purchase a mobile
fire training simulator. The MOU would provide the details on facility use between the
agencies involved. GIFD would be the lead agency and it is proposed to place the training
simulator at Fire Station #1.
The proposed training tower has a cost of $569,950 plus $16,750 for delivery. GIFD
would be responsible for 10% in matching funds (approximately $59,000). There may be
additional ground preparation costs not covered by the grant as well. If awarded the grant,
the matching funds would require additional Council approval to purchase the training
tower.
GIFD struggles to provide adequate training to its department members. In the past, live
fire training has taken place in acquired structures donated by their owners. Most of the
donated structures are in very poor shape and are not safe to practice interior fire related
Grand Island Council Session - 4/26/2016 Page 218 / 237
training. If awarded this grant, the GIFD and mutual aid partners will be able to train in a
safer, more efficient manner.
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 MOU with Aurora Fire
Department, Chapman Fire and Rescue, Grand Island Suburban Fire District #3, and
Phillips Rural Fire District #9.
Sample Motion
Move to approve the MOU between GIFD and Aurora Fire Department, Chapman Fire
and Rescue, Grand Island Suburban Fire Protection District #3, and Phillips Rural Fire
District #9.
Grand Island Council Session - 4/26/2016 Page 219 / 237
FIRE TRAINING FACILITY USE AGREEMENT
THIS AGREEMENT is made and entered into this ______ day of April, 2016, by and between
the CITY OF GRAND ISLAND and GRAND ISLAND FIRE DEPARTMENT, NEBRASKA, a
Municipal Corporation, hereinafter referred to as “GIFD”, and GRAND ISLAND RURAL FIRE
DEPARTMENT, hereinafter referred to as “AGENCY”.
WHEREAS, the GIFD is the owner of a fire training simulator , hereinafter referred to as
“Facility,” located at 409 E Fonner Park Rd, Grand Island Nebraska; and
WHEREAS, Agency desires to utilize the Facility for training purposes for its personnel.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.Training. Agency will be permitted to use the Facility on a non-exclusive basis for
training purposes.
2.Scheduling. Facility usage will be scheduled according a training session scheduling
policy set by GIFD. Agency recognizes that the Facility will be used by GIFD and by other
Agencies for training purposes. Agency shall schedule its training exercises with GIFD with as
much advance notice as possible to ensure that the Facility is available for its desired Training
Sessions. GIFD shall use its best efforts to make the Facility available to Agency at Agency's
requested Training Sessions, but Agency's requested Training Sessions cannot be guaranteed.
3. Facility Fee. GIFD will provide the Facility free of charge or expense to Agency;
provided however, Agency shall supply all consumable materials required for its training
sessions. If Agency wishes to transport the Facility to the Agency's site the Agency will be
responsible for all costs and safe transportation of the unit. Agency will return the Facility in
original condition, ordinary wear and tear excepted, upon completion of training or as directed
by GIFD.
4. Term of Agreement. The term of this Agreement shall commence upon execution by the
latest signing party. This Agreement shall continue in effect until such time as either party
terminates the Agreement by providing notice to the other of its intention to terminate this
Agreement at least ninety days (90) prior to termination.
5. Rules of Facility Use. GIFD has adopted certain rules and policies regarding the use of the
Facility. These rules may be updated from time to time by GIFD to ensure the orderly and safe
utilization of the Facility by the various Agencies. Agency agrees to comply with the Rules and
further agrees that GIFD may terminate this Agreement for Agency's failure to comply.
6. Facility Neat and Clean. Agency agrees to keep the Facility in as neat and clean
condition as reasonably can be expected during its use of the Facility. At the end of each
Grand Island Council Session - 4/26/2016 Page 220 / 237
training session or use, Agency agrees to return the Facility to GIFD in as good of condition as
received. Agency further agrees that it will clean the Facility after each use to a condition
reasonably acceptable GIFD.
7. Instructors. In the event Agency desires to utilize its own instructors, the instructors may
be required to go through an orientation session with GIFD.
8. Safety Officers. Agency shall adhere to NFPA Code 1403, which requires the presence
of a safety officer/operator during use of the live fire training prop, and another safety officer for
every five (5) firefighter trainees. Agency must select the safety officer and operator from an
approved list provided by GIFD during any training session involving use of the live fire training
prop.
9. Liability. Agency has inspected the Facility and finds it acceptable for its intended uses.
Agency is not relying upon any representations or warranties concerning the Facility except
those that may be set forth herein. Agency accepts sole responsibility and will hold harmless
GIFD for all accidents, damages, bodily injury or damage to personal property occurring during
Agency's use of the Facility to the extent applicable by law, and pursuant to the terms of any
other agreement between the parties.
9.1 No City or Fire Department Liability For Agency's Property Damage:
Agency waives any and all claims, suits and causes of action against GIFD (including its
employees, officers or agents) for any property loss or damage done to Agency's property,
whether real, personal or mixed, occasioned by Agency's activities on the Facility. It shall be the
Agency's responsibility to provide its own protection against casualty losses of whatsoever kind
or nature, regardless of whether or not such loss is occasioned by the acts or omissions of GIFD,
third party, or act of nature.
9.2 Grand Island Fire Department Property Damage: Agency shall compensate
GIFD, for any and all damages to the Facility and the City property occasioned by or arising
from the use of the Facility by or arising from the use of the Facility by the Agency or anyone at
the Facility (or other Fire Department property as a result of the Agency's activities on the
Facility) in connection with Agency's use of the Facility, ordinary wear and tear excepted.
9.3 Indemnity and Hold Harmless: Agency agrees that it will protect, save, defend,
hold harmless and indemnify the City of Grand Island and Grand Island Fire Department, its
employees, volunteers, officers and agents from any and all demands, claims, judgments, or
liability for loss or damage arising as a result of accidents, injuries, or other occurrences, (except
for losses or injuries occurring as the result of the sole negligence of the City of Grand Island or
Grand Island Fire Department), regardless of who the injury party may be. This section is
expressly agreed to as a condition of using the facility.
Grand Island Council Session - 4/26/2016 Page 221 / 237
10. Assignment or subletting. Agency is prohibited from either assigning, authorizing,
licensing, or subletting all or any portion of the Facility during its use of the Facility.
11. Litigation. In the event any party hereto finds it necessary to bring an action against the
other party to enforce any of the terms, covenants or conditions hereof, the party prevailing in
any such action or proceeding shall be paid all costs and attorneys' fees incurred by the other
party.
12. Notices. Any notice, demand, request, consent, approval or communication that either
party desires or is required to give to the other party shall be in writing addressed to the other
party at the addresses as follows:
Agency:Grand Island Fire Department
_______________________100 W 1st St.
_______________________Grand Island, NE 68801
________________________
or such address as may have been specified by notifying the other party of the change of address.
Notice shall be deemed served on the date of actual delivery or the first attempted delivery as
shown on the return receipt if mailed with the United States Postal Service by certified mail,
return receipt requested.
13. Amendment. No modification, termination or amendment of this Agreement may be
made except by written agreement signed by both parties hereto.
14. Captions. The captions of this agreement are for convenience and reference only and in
no way define, limit or describe the scope or intent of this Agreement.
15. Severability. In case any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
16. Counterparts. This Agreement may be executed in any number of counterparts,
counterparts together shall constitute but one agreement.
17. Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds
recited herein and contemplated to be performed, executed and/or delivered by any party hereto,
the parties hereto agree to perform, execute and/or deliver, or cause to be performed, executed
and/or delivered, any and all such further acts deeds and assurances, which may reasonably be
required to effect the purposes of this Agreement.
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18. Neutral Authorship. Each of the provisions of this Agreement had been reviewed and
negotiated, and represents the combined work product of all parties hereto. No presumption or
other rules of construction which would interpret the provisions of this Agreement in favor of or
against the party preparing the same shall be applicable in connection with the construction or
interpretation of the provisions of this Agreement.
19. Governing Law. This Agreement and the rights of the parties hereto shall be governed by
the construed in accordance with the laws of the State of Nebraska.
20. Entire Agreement. The entire agreement between the parties hereto is contained in this
Agreement and the exhibits hereto, and this Agreement supersedes all of their previous
understandings and agreements, written and oral, with respect to this transaction. This
Agreement may be amended only by written instrument executed by the parties subsequent to the
date hereof.
IN WITNESS WHEREOF, The parties have executed this Agreement as of the day and
year first above written.
GRAND ISLAND FIRE DEPARTMENT AGENCY
____________________________ ___________________________
Name Name
____________________________ ___________________________
Title Title
Grand Island Council Session - 4/26/2016 Page 223 / 237
•2 – 48’ CONTAINERS
•2 – 48’ CONTAINER CHASSIS
•1 – 40’ CONTAINER
•1 – 20’ CONTAINER
•2 – BURN ROOMS
•1 - CLASS “A” & LPG BURN ROOM
•1 - CLASS “A” BURN ROOM
•TEMPERATURE MONITORING
SYSTEM
•AUTOMATIC TEMPERATURE
REDUCTION SYSTEM
•RECONFIGURABLE SCBA MAZE
•SHORING PROP
•WALL BREACH PROP
•INTERIOR STAIRS
•EXTERIOR STAIRS
•ACTIVE ROOF
•OSHA COMPLIANT GUARDRAIL
SYSTEM
•RAPPELLING TOWER
•STANDPIPE SYSTEM
•SPRINKLER SYSTEM
•PITCHED ROOF PROP
•FORCED ENTRY DOOR
•PERSONNEL DOORS
•DENVER DRILL WINDOWS
•BREACH WINDOWS
•CONFINED SPACE VAULT PROPS
Grand Island Council Session - 4/26/2016 Page 224 / 237
Grand Island Council Session - 4/26/2016 Page 225 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-103
WHEREAS, the Grand Island Fire Department and other area departments
struggle to find adequate live fire training opportunities; and
WHEREAS, the assistance to firefighter grant program offers federal assistance to
the promote safety of first responders; and
WHEREAS, an MOU is needed as support documentation for a regional grant
request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, Move to approve the MOU with Aurora
Fire Department, Chapman Fire and Rescue, Grand Island Suburban Fire Protection District #3,
and Phillips Rural Fire District #9 in regards to the fire training simulator.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 226 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item I-6
#2016-104 – Consideration of Approving Second Addendum to the
IBEW Service Clerical Labor Agreement
Staff Contact: Aaron Schmid, Human Resources Director
Grand Island Council Session - 4/26/2016 Page 227 / 237
Council Agenda Memo
From:Aaron Schmid, Human Resources Director
Meeting:April 26, 2016
Subject:Consideration of Approving Second Addendum to the
Labor Contract between the City of Grand Island and the
IBEW Local 1597 (Service/Clerical) Bargaining Unit
Presenter(s): Aaron Schmid, Human Resources Director
Background
On February 24, 2015 Resolution 2015-58 was approved. The resolution recognized the
International Brotherhood of Electrical Workers (IBEW) Local 1597 (Service/Clerical) as
Labor Representative for the City’s Police Department Community Service Officers
(CSOs).
Discussion
Matters regarding the wages, benefits, and conditions of employment for the CSOs are
subject to negotiations and approval by the IBEW and the Council. City Administration
and IBEW Representation have met to negotiate terms of agreement. Please find
attached the proposed Second Addendum to the Labor Contract between the City Of
Grand Island and the IBEW Local 1597 (Service/Clerical) Bargaining Unit.
Items addressed in the addendum include:
1.Wages – A salary array was conducted to negotiate the wages.
2.Uniform allowance – A uniform allowance will create a process that is mutually
beneficial to both parties.
The remaining terms of the labor contract will remain unchanged for the duration of the
contract.
Alternatives
It appears the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve.
Grand Island Council Session - 4/26/2016 Page 228 / 237
2.Refer the issue to a Committee.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
The City Administration recommends approval of the Second Addendum to the Labor
Contract between the City of Grand Island and the IBEW Local 1597 (Service/Clerical)
Bargaining Unit .
Sample Motion
Move to approve.
Grand Island Council Session - 4/26/2016 Page 229 / 237
SECOND ADDENDUM TO THE LABOR CONTRACT BETWEEN THE CITY OF GRAND
ISLAND AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL 1597 SERVICE/CLERICAL BARGAINING UNIT
This Second Addendum to the Labor Contract between the City
of Grand Island and the International Brotherhood of Electrical
Workers Local 1597 Service/Clerical Bargaining Unit sets forth
terms and conditions agreed to by the parties as follows:
I.
This Addendum applies only to the aforementioned Agreement
between the parties that is presently in effect from October 1,
2014 to September 30, 2018, as amended by the First Addendum
thereto and dated February 24, 2015.
II.
Article XVI is amended by adding the following:
J. UNIFORM ALLOWANCE – COMMUNITY SERVICE OFFICERS ONLY
The City shall provide for new Community Service Officer
employees covered under this contract upon hire, uniform
items consisting of: two (2) long sleeved shirts; two (2)
short sleeved shirts; two (2) pairs of pants; two (2) pairs
of shorts; one (1) hat or visor; and one (1) coat.
Commencing upon the effective date of this Second
Addendum, City shall provide a uniform allowance to be paid
at the rate of Ten Dollars ($10.00) per pay period per
full-time employee. The City shall provide and replace to
each employee covered by this agreement equipment specific
to the position.
The employee will be responsible for the replacement of
unserviceable garments. Replacement garments shall meet
departmental uniform standards. Management reserves the
right to mandate the replacement of unserviceable garments.
III.
Article XIII is amended by adding the following:
Grand Island Council Session - 4/26/2016 Page 230 / 237
2
H. PAY PLAN - COMMUNITY SERVICE OFFICERS ONLY
February 24, 2015 through September 30, 2016. The
following pay scale shall apply:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Hourly 15.6690 16.2181 16.7864 17.3746 17.9834 18.6136 19.2659 19.9410 20.6398 21.3610
Period 1,253.52 1,297.45 1,342.91 1,389.97 1,438.67 1,489.09 1,541.27 1,595.28 1,651.18 1,708.88
Month 2,715.96 2,811.13 2,909.64 3,011.60 3,117.13 3,226.36 3,339.42 3,456.44 3,577.56 3,702.57
Annual 32,591.52 33,733.70 34,915.66 36,139.22 37,405.42 38,716.34 40,073.02 41,477.28 42,930.68 44,430.88
October 1, 2016 through September 30, 2017. The following
pay scale shall apply:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
Hourly 16.0216 16.5259 17.0462 17.5829 18.1364 18.7074 19.2963 19.9038 20.5304 21.1768 21.8416
Period 1,281.73 1,322.07 1,363.70 1,406.63 1,450.91 1,496.59 1,543.70 1,592.30 1,642.43 1,694.14 1,747.33
Month 2,777.07 2,864.50 2,954.68 3,047.70 3,143.65 3,242.61 3,344.70 3,450.00 3,558.61 3,670.64 3,785.88
Annual 33,324.98 34,373.82 35,456.20 36,572.38 37,723.66 38,911.34 40,136.20 41,399.80 42,703.18 44,047.64 45,430.58
October 1, 2017 through September 30, 2018. The following
pay scale shall apply:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
Hourly 16.3821 16.8978 17.4298 17.9785 18.5445 19.1284 19.7306 20.3517 20.9924 21.6533 22.3330
Period 1,310.57 1,351.82 1,394.38 1,438.28 1,483.56 1,530.27 1,578.45 1,628.14 1,679.39 1,732.26 1,786.64
Month 2,839.56 2,928.96 3,021.17 3,116.28 3,214.39 3,315.58 3,419.96 3,527.63 3,638.69 3,753.24 3,871.06
Annual 34,074.82 35,147.32 36,253.88 37,395.28 38,572.56 39,787.02 41,039.70 42,331.64 43,664.14 45,038.76 46,452.64
IV.
February 24, 2015 shall be the effective date of this
Second Addendum. Community Service Officers employed by the
City of Grand Island on the date of City’s approval of this
Second Addendum shall receive retroactive pay for the time
period beginning the later of the effective date or the
employee’s start date and ending on the date this Second
Addendum is approved by the City of Grand Island. Employees
shall not receive retroactive uniform allowance.
Grand Island Council Session - 4/26/2016 Page 231 / 237
3
Witness Our Hands:
THE CITY OF GRAND ISLAND
____________________ By ________________________________
Date Jeremy L. Jensen, Mayor
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS LOCAL 1597
____________________ By ________________________________
Date Dan Quick, President
Grand Island Council Session - 4/26/2016 Page 232 / 237
Grand Island Council Session - 4/26/2016 Page 233 / 237
Approved as to Form ¤ ___________
April 22, 2016 ¤ City Attorney
R E S O L U T I O N 2016-104
WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City has the authority to
make all contracts and do all other acts in relation to the property and concerns of the City
necessary to the exercise of its corporate powers; and
WHEREAS, an employee bargaining unit at the City Of Grand Island is
represented by the Internal Brotherhood of Electrical Workers (IBEW) Local 1597; and
WHEREAS, representatives of the City and IBEW, Local 1597 met to negotiate a
second labor addendum; and
WHEREAS, the second labor addendum specifies a salary adjustment and
creation of a uniform allowance; and
WHEREAS, the City reached an agreement with the IBEW and the agreement has
been presented to City Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to
execute the Second Labor Addendum by and between the City Of Grand Island and the Internal
Brotherhood of Electrical Workers (IBEW) Local 1597for the period of February 24, 2015
through September 30, 2018.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 26, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
ATTEST:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/26/2016 Page 234 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item J-1
Approving Payment of Claims for the Period of April 13, 2016
through April 26, 2016
The Claims for the period of April 13, 2016 through April 26, 2016 for a total amount of $2,473,567.51.
A MOTION is in order.
Staff Contact: Renae Griffiths
Grand Island Council Session - 4/26/2016 Page 235 / 237
City of Grand Island
Tuesday, April 26, 2016
Council Session
Item X-1
Strategy Session with Respect to Litigation which is Imminent as
Evidenced by Communication or a Claim or Threat of Litigation to
or by the Public Body
The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410.
Closed sessions may be held for, but shall not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be
paid to individuals who have suffered from a tragedy of violence or natural disaster.
Staff Contact: Jerry Janulewicz
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