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05-10-2016 City Council Regular Meeting Packet City of Grand Island Tuesday, May 10, 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 - 5/10/2016 Page 1 / 171 City of Grand Island Tuesday, May 10, 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 Bill Pavuk, St. Pauls Lutheran Church, 1515 South Harrison 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 - 5/10/2016 Page 2 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item C-1 Presentation by Hall County Vietnam Veterans Hero Flight Committee The Hall County Vietnam Veterans Hero Flight Committee would like to thank the Mayor, City Administrator, Police and Fire Department for all their work in making the Vietnam Veteran Hero Flight such a success on May 3, 2016. Staff Contact: Vietnam Veterans Hero Flight Committee Grand Island Council Session - 5/10/2016 Page 3 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item E-1 Public Hearing on Request from La Mexicana, Inc. dba La Mexicana Market, 385 North Pine Street for a Class “D” Liquor License Council action will take place under Resolutions item I-1. Staff Contact: RaNae Edwards Grand Island Council Session - 5/10/2016 Page 4 / 171 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 10, 2016 Subject:Public Hearing on Request from La Mexicana, Inc. dba La Mexicana Market, 385 North Pine Street for a Class “D” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion La Mexicana, Inc. dba La Mexicana Market, 385 North Pine Street has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of beer off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Grand Island Council Session - 5/10/2016 Page 5 / 171 Also submitted with the application was a request from Veronica Alvarez, 609 S. Stuhr Road for a Liquor Manager Designation. This application was to be presented to the City Council at their April 12, 2016 meeting but was pulled at the request of the applicant. Since then an amended application has been submitted disclosing convictions that were left out of the original application. After reviewing the Police Department report and attached information regarding the previous application for Rafa’s Tacos, it is recommended that the Council deny this request based upon: 53-132 (2 a, b, & c) – Retail, craft brewery, or microdistillery license, contents; criminal history record check, verification, false statement; penalty. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council deny this application. Sample Motion Move to deny the application for La Mexicana, Inc. dba La Mexicana Market, 385 North Pine Street for a Class “D” Liquor License due to the Police Departments report based upon: 53-132 (2 a, b, & c) – Retail, craft brewery, or microdistillery license, contents; criminal history record check, verification, false statement; penalty. Grand Island Council Session - 5/10/2016 Page 6 / 171 04/07/16 Grand Island Police Department 450 14:50 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 08:24:00 03/16/2016 Occurred before : 08:24:00 03/16/2016 When reported : 08:24:00 03/16/2016 Date disposition declared : 03/23/2016 Incident number : L16031851 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 385 Pine St N State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 11245 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- LW L11053069 03/21/16 Liquor Lic Inv Related NM 166733 03/29/16 Ocegueda, Maria Alias for Veronica NM 61104 03/18/16 La Mexicana Market, Business Involved NM 62723 03/18/16 Flores, Adolfo Applicant/Owner NM 181116 03/18/16 Alvarez, Veronica A Manager LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT12 LT12 Grocery/Supermarket IMAGE CODES FOR INCIDENT: Seq Imag Image code for a users description field --- ---- ---------------- ------------------------------ 1 DOC DOCUMENT mobile report Grand Island Council Session - 5/10/2016 Page 7 / 171 LAW INCIDENT NARRATIVE: La Mexicana Market is applying for a Class D (beer,wine, distilled spirits, off sale only) Corporate Retail Liquor License. Veronica Alvarez is applying to be the liquor manager. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 12:48:24 03/21/2016 Grand Island Police Department Supplemental Report Date, Time: Mon Mar 21 12:48:37 CDT 2016 Reporting Officer: Vitera Unit- CID La Mexicana Market is applying for a Class D (beer, wine, distilled spirits, off sale only) Corporate Retail Liquor license. Adolfo Flores is the sole owner of the corporation. Veronica Alvarez is applying to be the liquor manager. While perusing the application, I noticed that Adolfo and Veronica did not disclose any criminal convictions, Monica Flores is listed as someone who can write checks and make withdrawals on the business account, and Adolfo has had a liquor license in the past at Rafa's Tacos, and La Mexicana. The application also states that Adolfo has lived in Grand Island since at least 2005. Veronica has lived in Grand Island since 2010. No information is listed under spousal information for either applicant. Veronica stated that she worked for Adolfo at Rafa's Tacos from 2011 through 2013. Since 2013, she has worked for Adolfo at La Mexicana. One of the first things I discovered while creating a report to document this investigation, is that Veronica Alvarez has an alias listed in Spillman as Maria Ocegueda. When I looked at Maria Ocegueda's Involvements in Spillman, I found that she is listed as the liquor manager for Rafa's Taco's in an investigation I had done in 2011. I compared the identifying information for Maria Ocegueda and Veronica Grand Island Council Session - 5/10/2016 Page 8 / 171 Alvarez and found that they each have the same date of birth, Social Security number, and driver's license number. I did some more digging and found some documents in NCJIS showing that Maria Ocegueda was granted a name change to Veronica Alvarez by a Hall County District Court judge in September 2012. I recall that during the Rafa's investigation, Adolfo told me that he was engaged to be married to "Maria." At the time of the Rafa's investigation, I would imagine that Adolfo knew that "Maria" was really Veronica. If for some reason he didn't know in 2011, he had to have known in 2012 when the name change occurred; and she was still working for him at Rafa's Tacos. I didn't find that there was any effort on Adolfo's part to rectify the situation by explaining it to the NLCC and filling out paperwork for a new liquor manager. Adolfo never contacted me either. The Nebraska Liquor Control Commission's Rules and Regulations under 009.01 says that a corporation has sixty days to notify the NLCC of a manager change. Before doing a lot of checks on Adolfo and Veronica, I read my investigation into Rafa's Tacos from 2011. I noted in that report that Adolfo didn't disclose any convictions, and I found twelve traffic convictions and a conviction for selling alcohol to a minor. I told Adolfo at the time that he needed to include everything including his traffic convictions. I also found where Adolfo didn't disclose on the 2011 application that he had past liquor licenses at La Mexicana Market in Grand Island and La Mexicana restaurants in Gibbon and Lexington. Adolfo said he had problems with selling to minors at the market, that's why he didn't renew the license or seek anymore until Rafa's. My 2011 Rafa's investigation also said that I called ICE and was told that Adolfo and "Maria" were each Naturalized U.S. Citizens. I called the NLCC on 3/22/16 and left a message for Randy Seybert in Licensing. I asked Randy to call me back, so I can ask him to find information on Adolfo Flores' past liquor licenses. Later that afternoon, I received an e-mail from Randy saying that their deleted history files only go back ten years, and he was unable to find anything. I also asked Randy if they would have hard copies of the records. He advised that they used to keep those records on microfilm, but they don't have that anymore either. I contacted the Buffalo County Sheriff's Office and the Lexington Police Department to see if either agency had any record of the La Mexicana restaurant or any of the applicants. Lexington has a new computer system, and I was told that their records probably wouldn't go back the fifteen plus years I wanted them to search. They went ahead and searched all the names and didn't come up with anything. Buffalo County later faxed me a report which included Adolfo being warned by a deputy twice in the same day in 1995 for selling food out of his vehicle. They also sent a report from 2012 where Adolfo was cited for allowing an unlicensed driver to drive. For the current investigation into La Mexicana market, I checked Adolfo and Veronica through Spillman and NCJIS. I just looked at potential violations/convictions since May of 2011 which is when I did the last Grand Island Council Session - 5/10/2016 Page 9 / 171 investigation (Rafa's Tacos) with them. The Rafa's investigation should be attached. Spillman shows that Adolfo was issued a citation for careless driving as a result of a motor vehicle accident in 2012, had a protection order served against a female in 2013, and had code enforcement issues in 2014 and 2015 for high weeds and trash. He mowed the weeds and cleaned up the trash. After May of 2011, NCJIS shows that Adolfo was convicted of the careless driving that was listed in Spillman from 2012, convicted of the charge in the citation issued by the Buffalo County Sheriff's Office for allowing an unlicensed driver to drive in 2012, and Adolfo was convicted of unlawful acts license/drive in Merrick County in 2014. I'll ask Adolfo about that one. Maria/Veronica doesn't show any potential violations in Spillman. NCJIS just shows an entry for her driver's license and the name change. I checked Adolfo and Veronica for outstanding arrest warrants and the status of their driver's license. Neither one of them have any outstanding arrest warrants, and they each have a valid Nebraska driver's license. I also checked them through a paid law enforcement-only database which tends to provide more civil information and personal identifying information. Adolfo didn't have anything out of the ordinary listed. I found an entry for Maria Ocegueda. Veronica Alvarez was also listed with an alias of Maria Ocegueda. Nothing out of the ordinary was associated with either name. I set up a meeting with Adolfo and Veronica for 1300 hours on 3/31/16. Nebraska State Patrol Investigator Joe Hansen also attended the meeting. I went over the application with Adolfo and Veronica. I asked Adolfo if his attorney filled out the application. Adolfo said his attorney did fill out the application, and Adolfo and Veronica were present. I reminded Adolfo that I spoke to him in 2011 when he applied for a liquor license for Rafa's Tacos. At that time, Adolfo didn't disclose any convictions on his application. I told him back then that he needed to disclose even the most insignificant traffic conviction all the way up to the most serious crime he has been convicted of. Adolfo said he didn't remember talking to me in 2011, and he didn't have an explanation for failing to disclose his convictions on this application. He added that he wasn't trying to hide anything because he knew we would find it anyway. Adolfo said he couldn't remember a lot of things. He couldn't remember how many times he was held responsible for selling to minors on his prior La Mexicana Market license, but he guessed it was just one time. He also claimed not to remember if he even had a liquor license at his Lexington and Gibbon restaurants. Adolfo did acknowledge being cited for allowing unlicensed drivers to drive on two separate occasions, once in Buffalo county and once in Merrick County. Each time he said that he let a friend borrow his pickup. I asked Adolfo who Monica Flores is since she is listed as someone who has access to the business bank account. Adolfo said that Monica is his daughter. She has access to the business account, so she can pay bills while Adolfo and Veronica are out of town on vacation. Grand Island Council Session - 5/10/2016 Page 10 / 171 According to Adolfo's application, he let the Rafa's Tacos liquor license lapse because he didn't wish to risk further violation. An NLCC attachment to the application shows that Rafa's liquor license was issued on 8/18/2011. On 9/28/2012, they were in trouble with the NLCC for selling to a minor and having a minor dispensing/serving alcohol. They plead guilty and had their license suspended. On 2/1/2013, there is another charge of selling to a minor with an eventual guilty plea. The attachment also acknowledges that the La Mexicana Market had a liquor license before, but it was also allowed to lapse over ten years ago. I asked Adolfo about his relationship with Veronica. In 2011, he told me that they were engaged. He said they are still currently engaged to be married. Veronica said they sold the house they used to live in on WN Front Street and now live together at 609 S. Stuhr Road. I asked Veronica about her name change. Veronica thought she was about two years old when her parents illegally brought her to the United States. Veronica said her birth name was Veronica Ocegueda. When she was applying for amnesty, her mother sent for her Mexican birth certificate. When they received it, it showed her birth name as Maria Ocegueda. Veronica's mother tried to get it corrected but was unsuccessful. Therefore, Veronica received her amnesty and eventually her Naturalized U.S. Citizenship under the name of Maria Ocegueda. Veronica said that her father's last name was Ocegueda. Veronica said she can't remember meeting her father. When she legally changed her name, she wanted to go back to her birth name of Veronica and also go by her mother's last name of Alvarez. After speaking with Adolfo and Veronica, Investigator Hansen and I toured the market before the meeting was over. In summary, Adolfo Flores applied for a liquor license in Grand Island at Rafa's Tacos in 2011. He was granted a license which he had for less than two years. During that time, the NLCC's records show that the business had two separate incidents where the business plead guilty to selling to minors. One of the incidents also had a minor selling/dispensing alcohol. Adolfo's current application has those records attached to it. During my investigation into the Rafa's application, Adolfo failed to disclose any of his twelve traffic convictions or his conviction for selling to a minor. He also failed to list on his application that he had held prior liquor licenses at the La Mexicana market in Grand Island or the La Mexicana restaurants he owned in Gibbon and Lexington. When Adolfo was applying for the liquor license for Rafa's, I asked him why he didn't already have one for his La Mexicana restaurant in Grand Island. He said that he had problems in the past with selling alcohol to minors at the La Mexicana Market. Fast forward to Adolfo's current application for La Mexicana market, Adolfo still didn't disclose any of his criminal convictions, and he still didn't list his prior liquor licenses at the La Mexicana restaurants in Gibbon and Lexington. In fact, when I asked him about the history of the restaurant licenses, Adolfo said he couldn't remember if he even had a liquor license at the restaurants. During the 2011 Rafa's investigation, Adolfo acknowledged that he had prior liquor licenses at Grand Island Council Session - 5/10/2016 Page 11 / 171 the Gibbon and Lexington restaurant and failed to list that on the application. As far as I can tell, Adolfo also failed to notify the NLCC in 2012 when the name of his liquor manager at Rafa's Tacos changed from Maria Ocegueda to Veronica Alvarez. With Adolfo's admission of having prior issues with selling alcohol to minors (which are partially documented), his inability or refusal to fully disclose his criminal convictions (including a sale to a minor which I believe automatically precludes him from receiving a license based upon 53-131.01) and past liquor licenses on the Rafa's application and this application, and his lack of adhering to the Rules and Regulations of the Nebraska Liquor Control Act as evidenced by the examples above, the Grand Island Police Department does not believe that Adolfo Flores should have a liquor license and recommends that the Council not give local approval. The denial is based upon: 010.01- Falsification of Application, 53-132 (2 a, b,& c)- Retail, craft brewery, or microdistillery license; commission; duties, and 53-131.01 (1 d)- License; application; form; contents; criminal history record check; verification; false statement; penalty. Full copies of 010.01, 53-132, and 53-131.01 are attached to this report along with Adolfo's past application for Rafa's Tacos, the police report for Rafa's Tacos, and the NLCC's records for Rafa's Tacos. 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Staff Contact: RaNae Edwards Grand Island Council Session - 5/10/2016 Page 33 / 171 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 10, 2016 Subject:Public Hearing on Request from La Fonda Jalisco, LLC. dba La Fonda Jalisco, 613 East 4th Street for a Class “C” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion La Fonda Jalisco, LLC dba La Fonda Jalisco, 613 East 4th Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Grand Island Council Session - 5/10/2016 Page 34 / 171 Also submitted with the application was a request from Blanca Ascencion, 2223 Bellwood #175 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 La Fonda Jalisco, LLC dba La Fonda Jalisco, 613 East 4th Street for a Class “C” Liquor License contingent upon final inspections and Liquor Manager Designation for Blanca Ascencion, 2223 Bellwood #175 contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 5/10/2016 Page 35 / 171 Grand Island Council Session - 5/10/2016 Page 36 / 171 Grand Island Council Session - 5/10/2016 Page 37 / 171 Grand Island Council Session - 5/10/2016 Page 38 / 171 Grand Island Council Session - 5/10/2016 Page 39 / 171 Grand Island Council Session - 5/10/2016 Page 40 / 171 P L U M S T S3RD ST W WH E E L E R A V E N 6TH ST E11TH ST EPI N E S T S S Y C A M O R E S T N 7TH ST EKI M B A L L A V E S VIN E S T N 9TH ST EVIN E S T S 1STST W 7TH ST E8TH ST E7TH ST ESOUTHFRONTST W U P R R D R U P W A Y B E A L S T 7THST ES U P E RIO R S T 5TH ST EUP WAY10TH ST ES Y C A M O R E S T S8TH ST EDIVISION ST ES T P A U L R D 11TH ST E C H E R R Y S T S O A K S T S KI M B A L L A V E N 8TH ST E8TH ST E6TH ST E2ND ST E3RD ST E6TH ST E4TH ST E2N D ST W9TH ST EYUND ST1ST ST E5TH ST EL O C U S T S T N POPLAR STEVANS STKI M B A L L A V E N CHERRYST NT A F T A V E P O P L A R S T VIN E S T N P L U M S T N MA R K E T S T9TH ST EO A K S T N L A M B E R T S T L A M B E R T S T US HIGHWAY 30 EPLUM ST N SUTHERLANDST PIN E S T N U S H I G H W A Y 3 0 E SO UTH FRO NT ST EU S H IG HW A Y 30 Eµ Liquor ApplicationLa Fonda Jalisco613 E 4th St.Class "C" License Legend StreetCenterlineLiquor License Locations613 E 4th St. 1500'Radius Grand Island Council Session - 5/10/2016 Page 41 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item E-3 Public Hearing on Request to Rezone Property located at 2220 N. Webb Road from CD – Commercial Development to Amended CD – Amended Commercial Development (Westar Foods) Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 5/10/2016 Page 42 / 171 Council Agenda Memo From:Regional Planning Commission Meeting:May 10, 2016 Subject:Rezone from CD to Amended CD Zone Presenter(s):Chad Nabity AICP, Regional Planning Director Background An application has been made to rezone property described as Lot 6 of Grand Island Mall 18th Subdivision in Grand Island NE, from CD Commercial Development Zone to Amended CD Commercial Development Zone. Discussion At the regular meeting of the Regional Planning Commission, held May 4, 2016 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity explained an application has been made to change zoning for property described as Lot 6 of Grand Island Mall 18th Subdivision in Grand Island NE, from CD Commercial Development Zone to Amended CD Commercial Development Zone. The Development Plan for Grand Island Mall 18th Subdivision was approved by the Grand Island City Council in September of 2015. The Developers are requesting changes to the plan as approved to accommodate marketing opportunities and building on Lot 6 of the subdivision along Webb Road. The proposed change would allow a smaller building oriented east and west and provide additional parking on site and drive through lanes for the proposed business. This lot would not have access directly to Webb Road and the propose driveway would line up with the Burger King driveway as originally proposed. The CD Zone allows for up to 50% of the property to be covered with buildings. The proposed coverage within this development at full development as shown is well below the maximum coverage. O’Neill closed the Public Hearing. Grand Island Council Session - 5/10/2016 Page 43 / 171 A motion was made by Ruge and seconded by Monter to approve the Rezone request as presented. The motion carried with 9 members present and all voting in favor (O’Neill, Ruge, Maurer, Robb, Kjar, Connick, Rainforth, and Monter) and one member abstaining (Hoggatt). The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 5/10/2016 Page 44 / 171 Grand Island Council Session - 5/10/2016 Page 45 / 171 April 19, 2016 Dear Members of the Board: Re: Rezone – Concerning the rezone of Lot Six (6), Grand Island Mall Eighteenth Subdivision, in the City of Grand Island, Hall County, Nebraska from CD Commercial Development to Amended Commercial Development Zone. This property is located west of Webb Road and north of College Street. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a rezone request to the Grand Island Zoning Map from CD to amended CD Zone. As shown on the enclosed map. You are hereby notified that the Regional Planning Commission will consider this zoning change at the next meeting that will be held at 6:00 p.m. on May 4, 2016 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: City Clerk City Attorney City Public Works City Building Department City Utilities This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 5/10/2016 Page 46 / 171 Agenda Item 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: March 28, 2016 SUBJECT:Concerning change of zoning for property described as Lot 6 of Grand Island Mall 18th Subdivision in Grand Island NE, from CD Commercial Development Zone to Amended CD Commercial Development Zone. (C-15- 2016GI) The Development Plan for Grand Island Mall 18th Subdivision was approved by the Grand Island City Council in September of 2015. The Developers are requesting changes to the plan as approved to accommodate marketing opportunities and building on Lot 6 of the subdivision along Webb Road. Development Plan for Lot 6 as Approved in September 2015 Grand Island Council Session - 5/10/2016 Page 47 / 171 Proposed Development Plan for Lot 6 as submitted March 2016 PROPOSAL: The proposed change would allow a smaller building oriented east and west and provide additional parking on site and drive through lanes for the proposed business. This lot would not have access directly to Webb Road and the propose driveway would line up with the Burger King driveway as originally proposed. The CD Zone allows for up to 50% of the property to be covered with buildings. The proposed coverage within this development at full development as shown is well below the maximum coverage. OVERVIEW: Site Analysis Current zoning designation:CD-Commercial Development Zone. Permitted and conditional uses:Commercial, Office and Retail Uses Comprehensive Plan Designation: Commercial development Existing land uses.Retail development and vacant property Grand Island Council Session - 5/10/2016 Page 48 / 171 Adjacent Properties Analysis Current zoning designations:South West and East CD Commercial Development Zone North: CD Commercial Development and B1- Light Business Permitted and conditional uses:CD – Commercial, office and retail uses as permitted and built according to the approve development plan. B1 limited commercial, office, and interior retail to support the immediate neighborhood and residential uses up to a density of 43 units per acre. Comprehensive Plan Designation:North, South, East and West: Designated for commercial development and uses. Existing land uses:North: Burger King East: Webb Road, Strip Commercial, Fast Food West: Northwest Commons main building, Commercial South: Taco Johns, Strip Commercial EVALUATION: Positive Implications: Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for commercial development. Is infill development. This development is using property that is within the existing functional and legal boundaries of the City of Grand Island. This is a piece of property that is in need of redevelopment. The City and the Community Redevelopment Authority have already approved the use of Tax Increment Financing to further this project. Accessible to Existing Municipal Infrastructure: Water and sewer services are available to service the area. Monetary Benefit to Applicant: Would allow the applicant to further develop this site. Negative Implications: None foreseen Other Considerations Commercial development zones allow up to 50% of the property within the CD zone to be covered with buildings. Grand Island Council Session - 5/10/2016 Page 49 / 171 RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the amended CD zoning district and final development plan as shown. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 5/10/2016 Page 50 / 171 Grand Island Council Session - 5/10/2016 Page 51 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item E-4 Public Hearing on Acquisition of Utility Easement - (#1) - Capital & Broadwell Avenues (U.S. Department of Veterans Affairs) Council action will take place under Consent Agenda item G-10. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/10/2016 Page 52 / 171 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:May 10, 2016 Subject:Acquisition of Utility Easement #1 – Victory Village at Capital & Broadwell – U.S. Dept. of Veterans Affairs Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of the U.S. Department of Veterans Affairs, located through a part Lots One (1), Two (2), and Three (3), Victory Village Subdivision in the City of Grand Island, Hall County, Nebraska. The development is located north of the VA Hospital at the NW corner of Broadwell and Capital Avenue. Discussion Construction of the first of three apartment buildings, provide housing for veterans, is currently underway by the Pioneer Group, Inc., of Topeka, Kansas. This electric easement allows the Utilities Department to have access to install, maintain, and repair the high voltage underground power lines and pad-mount transformers that will serve the facility. Refer to Exhibit “A” sheet 2 of 2. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion 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 resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 5/10/2016 Page 53 / 171 Grand Island Council Session - 5/10/2016 Page 54 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item E-5 Public Hearing on Acquisition of Utility Easement - (#2) - Capital & Broadwell Avenues (U.S. Department of Veterans Affairs) Council action will take place under Consent Agenda item G-11. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/10/2016 Page 55 / 171 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:May 10, 2016 Subject:Acquisition of Utility Easement #2 – Victory Village at Capital & Broadwell – U.S. Dept. of Veterans Affairs Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of the U.S. Department of Veterans Affairs, located through a part Lots One (1), Two (2), and Three (3), Victory Village Subdivision in the City of Grand Island, Hall County, Nebraska. The development is located north of the VA Hospital at the Northwest corner of Broadwell and Capital Avenue. Discussion Construction of the first of three apartment buildings, to provide housing for veterans, is currently underway by the Pioneer Group, Inc., of Topeka, Kansas. The Water Utilities Easement will allow the Department to have access to install, maintain, and repair the public water main and related appurtenances that serve the facility. Refer to Exhibit “A” sheet 1 of 2. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion 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 resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 5/10/2016 Page 56 / 171 Grand Island Council Session - 5/10/2016 Page 57 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item F-1 #9585 - Consideration of Request to Rezone Property located at 2220 N. Webb Road from CD – Commercial Development to Amended CD – Amended Commercial Development (Westar Foods) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 5/10/2016 Page 58 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney ORDINANCE NO. 9585 An ordinance rezoning certain tracts of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising all of Lot Six (6) Grand Island Mall Eighteenth Subdivision in the City of Grand Island, Hall County, Nebraska, from CD-Commercial Development Zone to an amended CD-Commercial Development Zone; approving a change in the development plan; directing such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island as established by the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on May 6, 2016, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, after public hearing on May 10, 2016, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed from CD-Commercial Development Zone to an amended CD-Commercial Development Zone: all of Lot Six (6) Grand Island Mall Eighteenth Subdivision in the City of Grand Island, Hall County, Nebraska, Grand Island Council Session - 5/10/2016 Page 59 / 171 ORDINANCE NO. 9585 (Cont.) - 2 - SECTION 2. The proposed change in the development plan for the above- described real estate, as shown on the updated plan submitted with the rezoning request, is approved. SECTION 3. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-44 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance and that the amended development plan be kept in the records of the Hall County Regional Planning Department. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 10, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 60 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-1 Approving Minutes of April 26, 2016 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 5/10/2016 Page 61 / 171 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 26, 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 26, 2016. Notice of the meeting was given in The Grand Island Independent on April 20, 2016. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Mitch Nickerson 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 Reid Bednar and Chandler Hehnke. INVOCATION was given by Pastor Scott Jones, Third City Christian Church, 4100 West 13th Street followed by the PLEDGE OF ALLEGIANCE. BOARD OF EQUALIZATION: Motion by Donaldson, second by Stelk to adjourn to the Board of Equalization. Motion adopted. #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. Public Works Director John Collins reported that the tap district for Sanitary Sewer District No. 535T had been completed. This district developed an eight inch gravity sanitary sewer main along Seedling Mile Road from Voss Road west to Seedling Mile Access Road. Staff recommended approval. Motion by Donaldson, second by Stelk to approve Resolution #2016-BE-3. Upon roll call vote, all voted aye. Councilmember Hehnke abstained. Motion adopted. #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 Works Director John Collins reported that the tap district for Sanitary Sewer District 537T had been completed. This district was combined with the North Interceptor Phase II work. Staff recommended approval. Tim Spiehs, 909 E. Capital Avenue spoke concerning easements and drainage problems on his property due to the Sanitary Sewer District construction. Comments were made regarding delaying this item would not change the assessments. Grand Island Council Session - 5/10/2016 Page 62 / 171 Page 2, City Council Regular Meeting, April 26, 2016 Motion by Paulick, second by Minton to postpone Resolution #2016-BE-4 for one month. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Hehnke, Haase, and Jones voted aye. Councilmembers Donaldson and Stelk voted no. Motion adopted. RETURN TO REGULAR SESSION: Motion by Donaldson, second by Stelk to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from Fuji Steakhouse, Inc. dba Fuji Japanese Steakhouse, 1004 N Diers Avenue, Suite 200 for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from Fuji Steakhouse, Inc. dba Fuji Japanese Steakhouse, 1004 N. Diers Avenue, Suite 200. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 29, 2016; notice to the general public of date, time, and place of hearing published on April 16, 2016; notice to the applicant of date, time, and place of hearing mailed on March 29, 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. John Higgins, attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing on Request from Azteca Market, LLC dba The Brick House, 115-117 West 3rd Street for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from Azteca Market, LLC dba The Brick House, 115-117 West 3rd Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 23, 2016; notice to the general public of date, time, and place of hearing published on April 16, 2016; notice to the applicant of date, time, and place of hearing mailed on March 23, 2016; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Mark Porto, attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing on Request from Azteca Market, LLC dba Azteca Banquet Hall, 103 West 3rd Street for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from Azteca Market, LLC dba Azteca Banquet Hall, 103 West 3rd Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on March 23, 2016; notice to the general public of date, time, and place of hearing published on April 16, 2016; notice to the applicant of date, time, and place of hearing mailed on March 23, 2016; along with Chapter 4 of the City Code. Staff recommended the council either deny or approve the application after taking into consideration the Police Department Report and any public testimony. Fred Hotz, State Fire Marshall spoke in opposition. No further public testimony was heard. RESOLUTION: #2016-104 – Consideration of Approving Second Addendum to the IBEW Service/Clerical Labor Agreement. Human Resources Director Aaron Schmid reported that this Second Addendum to the IBEW Service/Clerical Labor Agreement related to the Community Service Officers (CSO’s). Items included wages and uniform allowance. Grand Island Council Session - 5/10/2016 Page 63 / 171 Page 3, City Council Regular Meeting, April 26, 2016 Concerns were mentioned regarding the CSO salaries and the upcoming budget. Other comments were made regarding the good work the CSO’s do and that Police Officers wouldn’t have to do this work which would cost more for the city. Motion by Stelk, second by Minton to approve Resolution #2016-104. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Jones, and Stelk voted aye. Councilmember Haase voted no. Motion adopted. 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: #9583 - Consideration of Amending Chapter 24 of the Grand Island City Code Relative to Adding a Tree Board #9584 – Consideration of Amending the Salary Ordinance Relative to Community Service Officers 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 Fitzke seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9583 - Consideration of Amending Chapter 24 of the Grand Island City Code Relative to Adding a Tree Board Parks and Recreation Director Todd McCoy reported that Ordinance #9583 would create a Tree Board to the Grand Island City Code under Chapter 24. Motion by Haase, second by Paulick to approve Ordinance #9583. City Clerk: Ordinance #9583 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 #9583 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 #9583 is declared to be lawfully adopted upon publication as required by law. #9584 – Consideration of Amending the Salary Ordinance Relative to Community Service Officers Human Resources Director Aaron Schmid reported that that the proposed changes to the salary ordinance would reflect the changes to the Second Addendum of the IBEW Service/Clerical Labor Contract. Grand Island Council Session - 5/10/2016 Page 64 / 171 Page 4, City Council Regular Meeting, April 26, 2016 Motion by Paulick, second by Minton to approve Ordinance #9584. City Clerk: Ordinance #9584 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Jones, and Stelk voted aye. Councilmember Haase voted no. Motion adopted. City Clerk: Ordinance #9584 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, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Jones, and Stelk voted aye. Councilmember Haase voted no. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9584 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-7, G-8, G-9, G-11 and G-12 (Resolutions #2016-93, #2016-94, #2016-95, #2016-97 and #2016-98 respectively) were pulled for further discussion. Motion by Minton, second by Hehnke to approve the Consent Agenda excluding the aforementioned items. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of April 12, 2016 City Council Regular Meeting. Approving Minutes of April 19, 2016 City Council Study Session. Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645 South Locust Street. Approving Liquor Manager Designation for Susan Henk, 505 West Highway 34 for Godfather’s Pizza, 1916 South Locust Street. #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. #2016-92 - Approving Citizen Participation Plan for Community Development Block Grant Program. #2016-93 - Approving Traffic Restriction along Sky Park Road from Airport Road to Abbott Road. Public Works Director John Collins reported that they had identified hazardous violations along Sky Park Road due to the large increase of vehicular and pedestrian traffic. There were also concerns of security issues at the airport. Staff recommended no parking, stopping or standing along Sky Park Road from Airport Road to Abbott Road. Motion by Haase, second by Minton to approve Resolution #2016-93. Comments were made regarding the language in the resolution regarding “stopping”. Grand Island Council Session - 5/10/2016 Page 65 / 171 Page 5, City Council Regular Meeting, April 26, 2016 Motion by Steele, second by Stelk to amend the resolution to delete the word “stopping” from the Resolution. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Hehnke, Haase, and Stelk voted aye. Councilmembers Fitzke, Donaldson, and Jones voted no. Motion adopted. Discussion was held regarding just having a no parking sign along this stretch of road and the number of entrances. Police Chief Steve Lamken stated they didn’t want cars stopping, standing or parking as this caused a security issue. Upon roll call vote on the main motion, all voted aye. Motion adopted. #2016-94 - Approving NPPD Call Center Agreement for Five Years in an Amount of $4,300.00 per month and a one-time setup fee of $7,700.00. Utilities Director Tim Luchsinger gave a detailed description of how the Call Center would work. Discussion was held regarding the process of calls and the security of the customer’s data. Motion by Haase, second by Minton to approve Resolution #2016-94. Upon roll call vote, all voted aye. Motion adopted. #2016-95 - Approving the AMI Support Services Contract Extension with Landis+Gyr in an Amount of $8,100.00 for one year. Utilities Director Tim Luchsinger stated the City currently had automated metering and this request would extend that contract. Discussion was held regarding the contract language with reference to Atlanta, Georgia. Motion by Donaldson, second by Paulick to approve Resolution #2016-95. Upon roll call vote, Councilmembers Paulick, Minton, Fitzke, Donaldson, Hehnke, and Haase voted aye. Councilmembers Steele, Jones, and Stelk voted no. Motion adopted. #2016-96 - Approving the Hazard Mitigation Plan. #2016-97 - Approving Purchase of a New Backhoe Loader for the Streets Division of the Public Works Department from Murphy Tractor & Equipment Co. of Grand Island, NE in an Amount of $110,434.00. Public Works Director John Collins answered questions regarding the purchase of the backhoe. Motion by Paulick, second by Minton to approve Resolution #2016-97. Upon roll call vote, all voted aye. Motion adopted. #2016-98 - Approving Purchasing/Buying Group for all City Departments (The Cooperative Purchasing Network). Public Works Director John Collins answered questions regarding the purchasing/buying group. Motion by Paulick, second by Hehnke to approve Resolution #2016-98. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #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 was related to the aforementioned Public Hearing. Grand Island Council Session - 5/10/2016 Page 66 / 171 Page 6, City Council Regular Meeting, April 26, 2016 Motion by Paulick, second by Minton to approve Resolution #2016-99. Upon roll call vote, all voted aye. Councilmember Hehnke abstained. Motion adopted. #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 was related to the aforementioned Public Hearing which was referred to a future Council meeting within one month. #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 was related to the aforementioned Public Hearing. Motion by Donaldson, second by Jones to deny Resolution #2016-101 based upon Nebraska State Statutes 53-125 (2) & (13b); 53-132 (2a), (2b), & (2c); and 010.01 Nebraska Liquor Control Commissions Rules and Regulations. Upon roll call vote, Councilmembers Paulick, Minton, Fitzke, Donaldson, Hehnke, and Jones voted aye. Councilmembers Steele, Haase, and Stelk voted no. Motion adopted. #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 was related to the aforementioned Public Hearing. Motion by Paulick, second by Donaldson to deny Resolution #2016-102 based upon Nebraska State Statutes 53-125 (2) & (13b); 53-132 (2a), (2b), & (2c); and 010.01 Nebraska Liquor Control Commissions Rules and Regulations. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, and Jones voted aye. Councilmember Stelk voted no. Motion adopted. #2016-103 - Consideration of Approving Memorandum of Understanding for Assistance to Firefighters Grant for Fire Training Simulator. Fire Chief Cory Schmidt reported that 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 their mutual aid association were 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. Chuck Hoffman representing the Grand Island Rural Fire Department and Alan Joos, training division chief with the Nebraska State Fire Marshal Office spoke in support. Motion by Minton, second by Paulick to approve Resolution #2016-103. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 5/10/2016 Page 67 / 171 Page 7, City Council Regular Meeting, April 26, 2016 PAYMENT OF CLAIMS: Motion by Donaldson, second by Haase to approve the Claims for the period of April 13, 2016 through April 26, 2016 for a total amount of $2,473,567.51. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Steele, second by Jones to adjourn to Executive Session at 8:56 p.m. for the purpose of a 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. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Paulick, second by Hehnke to return to Regular Session at 9:18 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:18 p.m. RaNae Edwards City Clerk Grand Island Council Session - 5/10/2016 Page 68 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-2 Approving Liquor Manager Designation for Besim Shala, 1203 Stoneywood Avenue for Napoli’s Italian, 3421 Conestoga Drive Staff Contact: RaNae Edwards Grand Island Council Session - 5/10/2016 Page 69 / 171 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 10, 2016 Subject:Request from Besim Shala, 1203 Stoneywood Avenue for Liquor Manager Designation with Napoli’s Italian, 3421 Conestoga Drive Presenter(s):RaNae Edwards, City Clerk Background Besim Shala, 1203 Stoneywood Avenue has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Napoli’s Italian, 3421 Conestoga Drive. 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 - 5/10/2016 Page 70 / 171 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Besim Shala, 1203 Stoneywood Avenue for Liquor Manager Designation in conjunction with the Class “I-102784” Liquor License for Napoli’s Italian, 3421 Conestoga Drive with the stipulation that Mr. Shala complete a state approved alcohol server/seller training program. Grand Island Council Session - 5/10/2016 Page 71 / 171 Grand Island Council Session - 5/10/2016 Page 72 / 171 Grand Island Council Session - 5/10/2016 Page 73 / 171 Grand Island Council Session - 5/10/2016 Page 74 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-3 Approving Liquor Manager Designation for Sean Roll, 2204 Chanticleer Street for Olive Garden, 1010 Allen Drive Staff Contact: RaNae Edwards Grand Island Council Session - 5/10/2016 Page 75 / 171 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 10, 2016 Subject:Request from Sean Roll, 2204 Chanticleer Street for Liquor Manager Designation with Olive Garden, 1010 Allen Drive Presenter(s):RaNae Edwards, City Clerk Background Sean Roll, 2204 Chanticleer Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Olive Garden, 1010 Allen Drive. 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 - 5/10/2016 Page 76 / 171 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Sean Roll, 2204 Chanticleer Street for Liquor Manager Designation in conjunction with the Class “I-096971” Liquor License for Olive Garden, 1010 Allen Drive with the stipulation that Mr. Roll complete a state approved alcohol server/seller training program. Grand Island Council Session - 5/10/2016 Page 77 / 171 Grand Island Council Session - 5/10/2016 Page 78 / 171 Grand Island Council Session - 5/10/2016 Page 79 / 171 Grand Island Council Session - 5/10/2016 Page 80 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-4 #2016-105 - Approving Request from La Fonda Jalisco, LLC dba La Fonda Jalisco, 613 East 4th Street for a Class “C” Liquor License and Liquor Manager Designation for Blanca Ascencion, 2223 Bellwood #175 This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 5/10/2016 Page 81 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-105 WHEREAS, an application was filed by La Fonda Jalisco, LLC doing business as La Fonda Jalisco, 613 East 4th Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 30, 2016; such publication cost being $16.77; and WHEREAS, a public hearing was held on May 10, 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 Blanca Ascencion, 2223 Bellwood #175 as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 82 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-5 #2016-106 - Approving Final Plat and Subdivision Agreement for Commercial Industrial Park 6th Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/10/2016 Page 83 / 171 Council Agenda Memo From: Regional Planning Commission Meeting: May 10, 2016 Subject: Commercial Industrial Park 6th Subdivision – Final Plat Presenter(s): Chad Nabity Background This property is located south of Frontage Road and east of Industrial Lane., in the City of Grand Island, in Hall County, consisting of 3 lots and 4.409 acres. Discussion The plat for Commercial Industrial Park 6th Subdivision was considered by the Regional Planning Commission at the May 4, 2016 meeting. A motion was made by Ruge and seconded by Connick to approve and recommend that City Council approve the final plat of Commercial Industrial Park 6th Subdivision. A roll call vote was taken and the motion passed with 9 members present (Connick, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Hoggatt and Kjar) voting in favor and no members present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 5/10/2016 Page 84 / 171 Grand Island Council Session - 5/10/2016 Page 85 / 171 Developers/Owners Middleton Properties, LLC Tom Middleton, a Member 2716 W Old Hwy 30 Grand Island NE 68801 To create 3 lots on a tract of land located south of Frontage Road and east of Industrial Lane., in the City of Grand Island, in Hall County, consisting of 3 lots. Size: 4.409 acres. Zoning: M2 – Heavy Manufacturing. Road Access: Public streets are available. Water Public: Water is available. Sewer Public: Sewer is available. Grand Island Council Session - 5/10/2016 Page 86 / 171 April 19, 2016 Dear Members of the Board: RE: Final Plat – Commercial Industrial Park 6th Subdivision. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Commercial Industrial Park 6th Subdivision, located in Grand Island, in Hall County, Nebraska. This final plat proposes to create 3 lots, on a tract of land comprising all of Lot Twelve (12) Commercial Industrial Park Subdivision of Part of Block One (1), Nelson Subdivision, Hall County, Nebraska, all of Lot Two (2), Commercial Industrial Park Fourth Subdivision and a .402 acre tract located in a Part of the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, said tract containing 4.409 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on May 4, 2016 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Utilities City Building Director Manager of Postal Operations Rockwell & Assoc. This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 5/10/2016 Page 87 / 171 Grand Island Council Session - 5/10/2016 Page 88 / 171 Grand Island Council Session - 5/10/2016 Page 89 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-106 WHEREAS, Middleton Properties, LLC a Nebraska, Limited Liability Company, and Northwest Crossings Limited Liability Company, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “COMMERCIAL INDUSTRIAL PARK SIXTH SUBDIVISION”, a tract of land comprising all of Lot Twelve (12), Commercial Industrial Park Subdivision of Part of Block One (1), Nelson Subdivision, Hall County, Nebraska, all of Lot Two (2), Commercial Industrial Park Fourth Subdivision and a .402 acre tract located in a Part of the Northeast Quarter of the Northwest Quarter (NE1/4 NW1/4) of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by them; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of COMMERCIAL INDUSTRIAL PARK SIXTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 90 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-6 #2016-107 - Approving Final Plat and Subdivision Agreement for Hayman’s 2nd Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/10/2016 Page 91 / 171 Council Agenda Memo From: Regional Planning Commission Meeting: May 10, 2016 Subject: Hayman’s Second Subdivision – Final Plat Presenter(s): Chad Nabity Background This property is located east of North Road and south of Stolley Park Road, in the City of Grand Island, in Hall County, consisting of 2 lots and 4.75 acres. Discussion The plat for Hayman’s Second Subdivision was considered by the Regional Planning Commission at the May 4, 2016 meeting. A motion was made by Ruge and seconded by Connick to approve and recommend that City Council approve the final plat of Hayman’s Second Subdivision. A roll call vote was taken and the motion passed with 9 members present (Connick, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Hoggatt and Kjar) voting in favor and no members present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 5/10/2016 Page 92 / 171 Grand Island Council Session - 5/10/2016 Page 93 / 171 Developers/Owners Handlers Land LLC 2419 S North Rd Grand Island NE 68803 To create 2 lots on a tract of east of North Road and south of Stolley Park Road, in the City of Grand Island, in Hall County. Size: 4.75 Acres. Zoning: M1 – Light Manufacturing. Road Access: City roads. Water Public: City water. Sewer Public: City sewer. Grand Island Council Session - 5/10/2016 Page 94 / 171 April 19, 2016 Dear Members of the Board: RE: Final Plat – Hayman’s 2nd Subdivision. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Hayman’s 2nd Subdivision, located in Grand Island, in Hall County, Nebraska. This final plat proposes to create 2 lots, a Replat of all of Lot 11 and Lot 12, Hayman’s Subdivision, in the City of Grand Island, Hall County, Nebraska, said tract containing 4.75 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on May 4, 2016 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Utilities City Building Director Manager of Postal Operations Olsson & Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 5/10/2016 Page 95 / 171 Grand Island Council Session - 5/10/2016 Page 96 / 171 Grand Island Council Session - 5/10/2016 Page 97 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-107 WHEREAS, Handlers Land, LLC, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “HAYMAN’S SECOND SUBDIVISION”, a replat of all of Lot 12, Hayman’s Subdivision, in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by them; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of HAYMAN’S SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 98 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-7 #2016-108 - Approving Final Plat and Subdivision Agreement for Jack Voss Horse Country Club 4th Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/10/2016 Page 99 / 171 Council Agenda Memo From: Regional Planning Commission Meeting: May 10, 2016 Subject: Jack Voss Horse Country Club Fourth Subdivision – Final Plat Presenter(s): Chad Nabity Background This property is located east of Engleman Road and north of Michigan Ave., in the City of Grand Island, in Hall County, consisting of 2 lots and 7.036 acres. Discussion The plat for Jack Voss Horse Country Club Fourth Subdivision was considered by the Regional Planning Commission at the May 4, 2016 meeting. A motion was made by Ruge and seconded by Connick to approve and recommend that Hall County Board of Supervisors approve the final plat of Jack Voss Horse Country Club Fourth Subdivision. A roll call vote was taken and the motion passed with 9 members present (Connick, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Hoggatt and Kjar) voting in favor and no members present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 5/10/2016 Page 100 / 171 Grand Island Council Session - 5/10/2016 Page 101 / 171 Joseph M. Brown and Lori J. Bear-Brown 2807 N Engleman Road Grand Island NE 68803 Developers/Owners To create 2 lots on a tract of land east of Engleman Road and north of Michigan Ave., in the City of Grand Island, in Hall County. Size: 7.036 acres. Zoning: LLR – Large Lot Residential. Road Access: Public streets are available. Water Public: Water is available. Sewer Public: Sewer is available. Grand Island Council Session - 5/10/2016 Page 102 / 171 March 30, 2016 Dear Members of the Board: RE: Final Plat – Jack Voss Horse Country Club 4th Subdivision. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Jack Voss Horse Country Club 4th Subdivision, located in Grand Island, in Hall County, Nebraska. This final plat proposes to create 2 lots, on a tract of land comprising all of Lot One (1), Jack Voss Horse Country Club Third Subdivision, in the City of Grand Island, Hall County, Nebraska, said tract containing 7.036 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on April 13, 2016 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Utilities City Building Director Manager of Postal Operations Benjamin & Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 5/10/2016 Page 103 / 171 Grand Island Council Session - 5/10/2016 Page 104 / 171 Grand Island Council Session - 5/10/2016 Page 105 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-108 WHEREAS, Joseph M. Brown and Lori J. Bear-Brown, husband and wife, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “JACK VOSS HORSE COUNTRY CLUB FOURTH SUBDIVISION”, a tract of land comprising all of Lot One (1), Jack Voss Horse Country Club Third Subdivision, a subdivision in the City Of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by them; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of JACK VOSS HORSE COUNTRY CLUB FOURTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 106 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-8 #2016-109 - Approving Final Plat and Subdivision Agreement for Park Island Square 7th Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/10/2016 Page 107 / 171 Council Agenda Memo From: Regional Planning Commission Meeting: May 10, 2016 Subject: Park Island Square Seventh Subdivision – Final Plat Presenter(s): Chad Nabity Background This property is located south of 13th St and west of US Hwy 281, in the City of Grand Island, in Hall County, consisting of 2 lots and 7.81 acres. Discussion The plat for Park Island Square Seventh Subdivision was considered by the Regional Planning Commission at the May 5, 2016 meeting. A motion was made by Ruge and seconded by Connick to approve and recommend that City Council approve the final plat of Park Island Square Seventh Subdivision. A roll call vote was taken and the motion passed with 9 members present (Connick, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Hoggatt and Kjar) voting in favor and no members present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 5/10/2016 Page 108 / 171 Grand Island Council Session - 5/10/2016 Page 109 / 171 Developers/Owners KM Grand Island Joint Venture, LLC 2127 Innerbelt Business Center Drive, Ste. 310 St. Louis, MO 63114 To create 2 lots on a tract of land south of 13th St and west of US Hwy 281, in the City of Grand Island, in Hall County. Size: 7.81 acres. Zoning: B2 – General Business Zone. Road Access: Public streets are available. Water Public: Water is available. Sewer Public: Sewer is available. Grand Island Council Session - 5/10/2016 Page 110 / 171 April 19, 2016 Dear Members of the Board: RE: Final Plat – Park Island Square 7th Subdivision. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Park Island Square 7th Subdivision, located in Grand Island, in Hall County, Nebraska. This final plat proposes to create 2 lots, a replat of all of Lot 1, Park Island Square 7th Subdivision in the City of Grand Island, Hall County, Nebraska, said tract containing 7.81 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on May 4, 2016 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Utilities City Building Director Manager of Postal Operations Olsson Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 5/10/2016 Page 111 / 171 Grand Island Council Session - 5/10/2016 Page 112 / 171 Grand Island Council Session - 5/10/2016 Page 113 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-109 WHEREAS, KM Grand Island Joint Venture, LLC, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “PARK ISLAND SQUARE SEVENTH SUBDIVISION”, a replat of all of Lot 1, Park Island Square Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by them; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of PARK ISLAND SQUARE SEVENTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 114 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-9 #2016-110 - Approving Subordination Agreement for Lois Stade, 236 S. Plum Street Staff Contact: Charley Falmlen Grand Island Council Session - 5/10/2016 Page 115 / 171 Council Agenda Memo From:Charley Falmlen, Community Development Meeting:May 10, 2016 Subject:Approving Subordination Agreement for Lois Stade, 236 S. Plum Street Presenter(s):Charley Falmlen, Community Development Background The City of Grand Island has a Deed of Trust filed on property owned by Lois Stade, a single person, located at 236 S. Plum Street, in the amount of $14,000. In 2013 Community Development Block Grant funds totaling the amount of $14,000 were loaned to Lois Stade, to assist in her with the down payment as part of the Community Development Block Grant program. The legal description is: Lot Four (4), Block Two (2), Koehler Place, an Addition to the City Of Grand Island, Hall County, Nebraska. The owner is requesting permission from the City to subordinate to a new mortgage amount of $57,000.00 and accept second position to the first mortgage. Lois Stade is seeking to refinance her mortgage and is working through First National Bank. The lender is requesting first position on the Deed of Trust. The house will remain occupied and property taxes will continue to be paid. The equity in the property is in excess of the lien amounts held by both the City and the bank. Discussion The City’s current lien is in the amount of $14,000, which has a balance of $10,577.02 due to 10% being forgiven annually. A new lien in the amount of $57,000.00 with First National Bank would replace the City of Grand Island’s senior lien. By law, the new lien, with First National Bank, would be junior in priority to the City’s lien; however, First National Bank, has asked the City to subordinate its lien to the new lien. The anticipated appraised value of the property is $80,000.00, as of May 2016, and is sufficient to secure the first mortgage of $57,000.00 and the City’s remaining mortgage of $10,577.02. The City’s loan is a zero percent interest loan that is due only when the homeowner sells the house. Grand Island Council Session - 5/10/2016 Page 116 / 171 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the Subordination Agreement 2.Refer the issue to a Committee 3.Postpone the issue to a later date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the Subordination Agreement with First National Bank, placing the City in the junior position to the new Deed of Trust. Sample Motion Move to approve the Subordination Agreement with First National Bank. Grand Island Council Session - 5/10/2016 Page 117 / 171 SUBORDINATION AGREEMENT COMES NOW the City of Grand Island, Nebraska, secured party/beneficiary and hereby subordinates its trust deed/real estate lien recorded December 21, 2006 on the following described real estate: Lot Four (4), Block Two (2), Koehler Place, an Addition to the City Of Grand Island, Hall County, Nebraska. It is the intent of this Agreement that the trust deed for amounts loaned by First National Bank to Lois Stde (Borrower) that has been or is about to be filed, shall be superior to the trust deed/real estate lien of the City of Grand Island, its successors and assigns recorded December 2, 2013, up to the amount of $57,000 plus interest and amounts advanced to protect the collateral. Thereafter, the City of Grand Island’s lien shall have priority. It is further understood that this subordination shall include all current obligations, extensions, renewals, advances or modifications made by the City of Grand Island, Nebraska to Borrowers which is secured by the trust deed/real estate lien recorded December 2, 2013 as Document Number 201309408 in the records of the Register of Deeds of Hall County, Nebraska. Nothing in this Subordination Agreement is intended as a promise to provide financing or make advances to Borrowers by the City of Grand Island, Nebraska and it is not the intention of the City of Grand Island, Nebraska to warrant or guarantee the obligations of Borrowers but merely to subordinate its lien interests under the instrument recorded at Document Number 201309408. It is understood that First National Bank intends to lend funds to Borrower/s but that the amount that will be superior to the City of Grand Island’s lien is not to exceed $57,000 plus interest and amounts advanced to protect the collateral. Nothing in this instrument is intended to relieve Borrowers of their obligation to make payments to the City of Grand Island, Nebraska or to subordinate any other lien interests including, but not limited to, real estate taxes and special assessments. Dated: __________________City of Grand Island, Nebraska By_____________________________________ STATE OF NEBRASKA )Jeremy L. Jensen, Mayor )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me on ______________________, 2015, by Jeremy L. Jensen, Mayor of the City of Grand Island, Nebraska. ______________________________ Notary Public Grand Island Council Session - 5/10/2016 Page 118 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-110 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated November 27, 2013 and recorded on December 2, 2013, as Instrument No.0201309408and No. 0200802843 respectively, in the total amount of $33,152.06 secured by property located at 236 S. Plum Street and owned by Lois Stade, said property being described as follows: Lot Four (4), Block Two (2), Koehler Place, an Addition to the City Of Grand Island, Hall County, Nebraska. WHEREAS Lois Stade wishes to execute a Deed of Trust in the amount of $57,000 with First National Bank, to be secured by the above-described real estate upon the subordination of the City’s Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans; and WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust Lois Stade, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of First National Bank, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016 _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 119 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-10 #2016-111 - Approving Acquisition of Utility Easement - (#1) - Capital & Broadwell Avenues (U.S. Department of Veterans Affairs) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/10/2016 Page 120 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-111 WHEREAS, a public utility easement is required by the City of Grand Island from the U.S. Department of Veterans Affairs (#1), to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on May 10, 2016 for the purpose of discussing the proposed acquisition of an easement (#1) located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at the northeast corner of said Lot Two (2); thence running N89°13’44”W, on the north line of said Lot Two (2), a distance of Sixty and Twenty Seven Hundredths (60.27) feet, to the ACTUAL Point of Beginning; thence running S02°17’20”W, a distance of Thirty Five and Forty Eight Hundredths (35.48) feet; thence running S30°06’54”E a distance of One Hundred Thirty One and Nine Hundredths (131.09) feet; thence running S55°54’09”E, a distance of Seventeen and Fifty Three Hundredths (17.53) feet; thence running S22°03’27”E, a distance of One Hundred Twenty Eight and Twenty Eight Hundredths (128.28) feet; thence running N61°50’07”E, a distance of Two Hundred Twenty Two and Eighty Four Hundredths (222.84) feet; thence running N82°50’19”E, a distance of Fifty Four and Thirty Four Hundredths (54.34) feet, to a point on the easterly line of said Lot Three (3); thence running S28°22’40”E, on the easterly line of said Lot Three (3), a distance of Twenty One and Forty Five Hundredths (21.45) feet; thence running S82°50’19”W, a distance of Fifty Eight and Thirty Nine Hundredths (58.39) feet; thence running S61°50’07”W, on the southerly line of said Lot Three (3), if extended, a distance of Two Hundred Twenty One and Twenty Eight Hundredths (221.28) feet; thence running S22°03’27”E, a distance of Forty Seven and Thirty Eight Hundredths (47.38) feet; thence running S67°56’33”W, a distance of Twenty (20.00) feet; thence running N22°03’27”W, a distance of One Hundred Eighty Nine and Sixty Eight Hundredths (189.68) feet; thence running N55°54’09”W, a distance of Sixteen and Three Hundredths (16.03) feet; thence running N30°06’54”W, a distance of One Hundred Forty One and Forty Eight Hundredths (141.48) feet; thence running N02°17’20”E, a distance of Forty and Seventy Six Hundredths (40.76) feet, to a point on the north line of said Lot Two (2); thence running S89°13’44”E, on the north line of said Lot Two (2), a distance of Twenty and One Hundredth (20.01) feet, to the ACTUAL Point of Beginning and containing 0.304 acres more or less. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from the U.S. Department of Veterans Affairs, on the above-described tract of land. - - - Grand Island Council Session - 5/10/2016 Page 121 / 171 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 122 / 171 Grand Island Council Session - 5/10/2016 Page 123 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-11 #2016-112 - Approving Acquisition of Utility Easement - (#2) - Capital & Broadwell Avenues (U.S. Department of Veterans Affairs) This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/10/2016 Page 124 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-112 WHEREAS, a public utility easement is required by the City of Grand Island from the U.S. Department of Veterans Affairs (#2), to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on May 10, 2016 for the purpose of discussing the proposed acquisition of an easement (#2) located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at the northeast corner of said Lot One (1);thence running S00°16’09”W, on the west line of said Lot One (1), a distance of Eleven and Six Hundredths (11.06) feet, to the ACTUAL Point of Beginning; thence running S89°43’07”E, a distance of Fourteen and Fifty Three Hundredths (14.53) feet; thence running N61°37’53”E, a distance of One Hundred Ninety Four and Twenty Two Hundredths (194.22) feet; thence running N01°12’35”E, a distance of Three Hundred Fifty Seven and Forty Seven Hundredths (357.47) feet, to a point on the north line of said Lot Two (2); thence running S89°13’44”E, on the north line of said Lots Two (2) and Three (3), a distance of Twenty (20.00) feet; thence running S01°12’35”W, a distance of One Hundred Thirty Six and Fifty Seven Hundredths (136.57) feet, thence running S88°53’28”E, a distance of Two hundred Forty Six and Eight Four Hundredths (246.84) feet; thence running N60°12’04”E, a distance of Twenty and Eighty Hundredths (20.80) feet; thence running S29°47’56” E, a distance of Twenty (20.00) feet; thence running S60°12’04”W, a distance of Twenty Six and Thirty Three Hundredths (26.33) feet; thence running N88°53’28”W, a distance of Two Hundred Fifty Two and Forty One Hundredths (252.41) feet; thence running S01°12’35”W, a distance of Two Hundred Twelve and Sixty Nine Hundredths (212.69) feet; thence running S61°37’53”W, a distance of Sixty Three and Seventeen Hundredths (63.17) feet; thence running S28°22’07”E, a distance of Twenty Three and Five Hundredths (23.05) feet; thence running S61°37’53”W, a distance of Twenty (20.00) feet; thence running N28°22’07”W, a distance of Twenty Three and Five Hundredths (23.05) feet; thence running S61°37’53”W, a distance of One Hundred Twenty Seven and Eighty One Hundredths (127.81) feet; thence running N89°43’07”W, a distance of Four and Eight One Hundredths (4.81) feet; thence running S00°16’09”W, a distance of Seventeen and Twenty Eight Hundredths (17.28) feet; thence running N89°43’07”W, a distance of Fourteen and Eighty Three Hundredths (14.83) feet, to a point on the west line of said Lot One (1); thence running N00°16’09”E, on the west line of said Lot One (1), a distance of Thirty Seven and Twenty Eight Hundredths (37.28) feet, to the ACTUAL Point of Beginning and containing 0.410 acres more or less. Grand Island Council Session - 5/10/2016 Page 125 / 171 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from the U.S. Department of Veterans Affairs, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 126 / 171 Grand Island Council Session - 5/10/2016 Page 127 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-12 #2016-113 - Approving Purchase of a 2016 Pick-up Truck for the Utilities Department, Water Shop, via State Contract #14337 OC Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/10/2016 Page 128 / 171 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:May 10, 2016 Subject:Approving State Bid Contract #14337 OC for a 2016 Truck – Water Division – Unit #94 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department, Water Division, has a 2004 truck (Unit #94) with 128,940 miles. This vehicle is due to be replaced based upon its condition and the Utilities Department current vehicle replacement schedule. Discussion The vehicle specifications awarded under State of Nebraska Contract #143337 OC meet all of the requirements for the Water Division vehicle. Dillon Chevrolet of Crete, Nebraska, submitted a bid with no exceptions in the amount of $48,663.00 for a 2016 Chevrolet Silverado pick-up truck. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of a 2016 Chevrolet Silverado 2500HD (Unit #94) truck for the Utilities Department, Water Division, under State of Nebraska Contract #14337 OC, in the amount of $48,663.00. Grand Island Council Session - 5/10/2016 Page 129 / 171 Sample Motion Move to approve the purchase of a 2016 Chevrolet Silverado 2500HD truck (Unit #94) for the Utilities Department, Water Division, in the amount of $48,663.00. Grand Island Council Session - 5/10/2016 Page 130 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-113 WHEREAS, the Water Division of the Utilities Department for the City of Grand Island, budgeted for a replacement vehicle (Unit #94) in the 2015/2016 fiscal year; and WHEREAS, said vehicle, a 2016 Chevrolet Silverado 2500HD pick-up truck can be obtained from the State Contract holder; and WHEREAS, the State Contract holder for this vehicle, Sid Dillon Chevrolet of Crete, Nebraska, came in with the low bid in the amount of $48,663.00 without exceptions; and WHEREAS, purchasing the vehicle from the State Contract #14337 OC meets all statutory bidding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the purchase of a new Chevrolet Silverado 2500HD pick-up truck for the Water Division (Unit #94) under State Contract #14337 OC, from Sid Dillon Chevrolet of Crete, Nebraska, in the amount of $48,663.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 131 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-13 #2016-114 - Approving Coal Contract for 2017 for the Platte Generating Station with Arch Coal Sales, Coal Creek Mine Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/10/2016 Page 132 / 171 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:May 10, 2016 Subject:2017 Coal Purchase Presenter(s):Timothy Luchsinger, Utilities Director Background On June 12, 2012, per Resolution 2012-143, the City of Grand Island entered into an agreement with Western Fuels Association for soliciting the purchase of coal for the Platte Generating Station. The agreement provides for Western Fuels to obtain pricing of coal for the Platte Generating Station as part of their larger coal solicitations for their members. Western Fuels recently went out for bids that included the purchase of 150,000 to 400,000 tons of coal that is needed for 2017 for the Platte Generating Station. Discussion Bids were evaluated on heat content of the bid coal, total delivered price including freight cost, and value of the sulfur content of the bid coal: Heat Content – the heat content of Powder River Basin coals can vary as much as 15%. Freight Costs – are included in the evaluation to determine a total delivered cost at Platte Generating Station. Sulfur Content – In order to operate a coal fired power plant, environmental regulation requires a plant to hold “Emissions Allowances” for regulated sulfur emissions. The allowances are regularly bought and sold by utilities as economic conditions warrant. EPA administers the markets. The price of sulfur allowances for use of each bid coal is a factor in the evaluation. The sulfur content determines the amount of lime that must be used by plant emission control systems to remove sulfur dioxide from the boiler exit gas. The cost of the lime is also a factor in the evaluation. Grand Island Council Session - 5/10/2016 Page 133 / 171 Western Fuels has provided the separately attached confidential analysis of the bids received. The Utilities Department concurs with the Western Fuels Association recommendation that the 2017 Coal Supply Contract of 150,000 to 400,000 tons be awarded to the low compliant bidder, Arch Coal Sales, Coal Creek Mine. 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 Coal Supply Contract for 140,000 to 400,000 tons for 2017 with Arch Coal Sales, Coal Creek Mine. Sample Motion Move to approve the Coal Supply Contract for 140,000 to 400,000 tons for year 2017 with Arch Coal Sales, Coal Creek Mine. Grand Island Council Session - 5/10/2016 Page 134 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-114 WHEREAS, the City Electric Department through Western Fuels Association, solicited bids for 150,000 to 400,000 tons of coal for the 2017 Coal Supply for the Utilities Department, according to the contract specifications; and WHEREAS, it was stipulated that bid prices and/or final award prices would not be publicly disclosed; and WHEREAS, Western Fuels Association reviewed and evaluated the bids for compliance with the specifications and for delivered cost; and WHEREAS, Arch Coal Sales from the Coal Creek Mine, submitted a bid in accordance with the terms of the advertisement of bids and the contract specifications and all other statutory requirements contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Arch Coal Sales for 150,000 to 400,000 tons for the 2017 Coal Supply to Platte Generating Station from the Coal Creek Mine, is approved as the lowest responsive bid submitted. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. ____________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 135 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-14 #2016-115 - Approving Purchase of a 2017 Truck with 41 Ft. Articulating Telescopic Aerial Platform for the Electric Transmission/Substation Division of the Utilities Department Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/10/2016 Page 136 / 171 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:May 10, 2016 Subject:2017 Truck with 41 Ft. Articulating Telescopic Aerial Platform- Phelps Control (Electric Transmission/Substation) Division Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department Phelps Control Center maintains nine substations around the City with approximately 150 circuit breakers and 15 large transformers. Overhead equipment maintenance and repairs in the substations include lighting, security cameras, switches, breakers, bus sections, and large transformers. Phelps Control has never owned an aerial lift device for substation work. Work has been performed off of ladders when possible. Substation Technicians have to climb up and walk around on top of breakers and transformers. In cases not reached by ladders, a bucket truck and operating crew has been borrowed from other utility divisions, and in some cases, a second truck has to be employed to crane lift parts up to the structures. Whenever a bucket truck is borrowed, the owning crew stays on site and operates the truck, thus assisting in repairs, but resulting in crew overlap and time taken away from distribution projects. In some cases a man lift has been rented. To vastly improve safety and efficiency, this work should be done with a bucket truck permanently assigned to Phelps Control. The crew can safely be tied off in the bucket and have intimate knowledge of the control of the bucket truck. The proposed truck has an integral crane lifting system so parts can be hoisted up to the worker in the bucket. The truck is a compact unit suited for substation work, has a 41 foot platform height and 30 foot side reach. In addition the truck can be utilized by the Line Department after large storms. Discussion The Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) on October 28, 2014 with Resolution 2014-326. To meet Grand Island Council Session - 5/10/2016 Page 137 / 171 competitive bidding requirements, the Utilities Department obtained pricing from the NJPA Contract No.031014-ALT awarded to Altec Industries, Inc. Specifications for Substation Bucket Truck were prepared by Department staff, and they are recommending the purchase of the new truck with an articulating telescopic aerial device from Altec Industries Inc., of St. Joseph Missouri, model AT41M, in the amount of $143,615.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the 2017 Truck - Altec Model AT41M for the Phelps Control Division of the Utilities Department, from Altec Industries St. Joseph, Missouri, in the amount of $143,615.00, per the National Joint Powers Alliance Buying Group. Sample Motion Move to approve the purchase of a 2017 Truck - Altec Model AT41M from Altec Industries St. Joseph, Missouri, in the amount of $143,615.00. Grand Island Council Session - 5/10/2016 Page 138 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-115 WHEREAS, the City of Grand Island Electric Transmission/Substation Division of the Utilities Department budgeted for a 2017 Truck with 41 foot Articulating Telescopic Aerial Platform in the current budget; and WHEREAS, on October 28, 2014 with Resolution 2014-326, the City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) to meet competitive bidding requirements; and WHEREAS, to meet competitive bidding requirements, the Utilities Department obtained pricing from the NJPA Contract No. 031014-ALT awarded to Altec Industries, Inc., such bid being in the amount of $143,615.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2017 Truck Altec Model AT41M with 41 Foot Articulating Telescopic Aerial Platform from the NJPA Contract No. 031014-ALT, in the amount of $143,615.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 139 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-15 #2016-116 - Approving Award for Consulting Services for Geospatial Data Collection of Grand Island’s Public Storm Water Conveyance System - 2016 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/10/2016 Page 140 / 171 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 10, 2016 Subject:Approving Award for Consulting Services for Geospatial Data Collection of Grand Island’s Public Storm Water Conveyance System - 2016 Presenter(s):John Collins PE, Public Works Director Background A Request for Qualifications (RFQ) for consulting services for Geospatial Data Collection of Grand Island’s Storm Water System was advertised in the Grand Island Independent on April 11, 2016. The RFQ was also sent to five (5) consulting firms by the Engineering Division of the Public Works Department. The collection of this geospatial data for the City’s storm water system will assist with mapping the storm water as required by the National Pollution Discharge Elimination System (NPDES) stormwater permit. The mapping will also give the City information on locations and elevations of all stormwater structures. This information will be utilized for stormwater hydraulic modeling, comprehensive drainage planning, required mapping for compliance with permit to identify Illicit Detection Discharge Elimination (IDDE) and stormwater capital improvement planning. This survey will provide an accurate, electronic, easily-accessible storm sewer map and database from which the staff can quickly access valuable physical and historical information regarding the storm sewer system. Discussion One (1) submittal was received, opened and reviewed on April 28, 2016. The estimate for this work was $50,000.00. Funds for the consulting services are in the approved 2015/2016 budget and paid for using the LB1226 Storm Water Grant Fund through the Nebraska Department of Environmental Quality (NDEQ). This work supports the City of Grand Island’s Storm Water Management Plan. The submittal from EA Engineering, Science, and Technology, Inc. of Lincoln, Nebraska was scored as a firm qualified to complete the required work. The agreement will be for Grand Island Council Session - 5/10/2016 Page 141 / 171 surveying approximately 1,515 storm water structures at an average cost of $33.00 each, for a potential amount up to $50,000.00. Previous surveys have completed 6,441 storm water structures. 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 award to EA Engineering, Science, and Technology, Inc. of Lincoln, Nebraska for Geospatial Data Collection of Grand Island’s Public Storm Water Conveyance System. Sample Motion Move to approve the award. Grand Island Council Session - 5/10/2016 Page 142 / 171 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR ENGINEERING CONSULTING SERVICES FOR GEOSPATIAL DATA COLLECTION OF GRAND ISLAND’S PUBLIC STORM WATER CONVEYANCE SYSTEM RFP DUE DATE:April 28, 2016 at 4:15 p.m. DEPARTMENT:Public Works PUBLICATION DATE:April 10, 2016 NO. POTENTIAL BIDDERS:5 SUMMARY OF PROPOSALS RECEIVED EA Engineering, Science, and Technology, Inc. Lincoln, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent David Riddle, GIS Coordinator P1877 Grand Island Council Session - 5/10/2016 Page 143 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-116 WHEREAS, the City Of Grand Island solicited consulting services for Geospatial Data Collection of Grand Island’s Storm Water System, according to the Request For Qualifications (RFQ) on file with the Engineering Division of the Public Works Department; and WHEREAS, on April 28, 2016 submittals were received, reviewed, and evaluated in accordance with established criteria in the RFQ; and WHEREAS, EA Engineering, Science, and Technology, Inc. of Lincoln, Nebraska submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code with the work performed at an average cost of $33.00 each for a possibility of 1,515 units for a potential total of $50,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of EA Engineering, Science, and Technology, Inc. of Lincoln, Nebraska for consulting services for Geospatial Data Collection of Grand Island’s Storm Water System is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 144 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-16 #2016-117 - Approving Agreement Amendment No. 3 with Olsson Associates for Professional Services Related to the Ext of Sanitary Sewer System in Wildwood Subdivision (Dist No. 528), from Wildwood Subdivision to I-80 (Dist No. 530T), and Sanitary Sewer Improvement Dist No. 2 (South of I-80) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/10/2016 Page 145 / 171 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 10, 2016 Subject:Approving Agreement Amendment No. 3 with Olsson Associates for Professional Services Related to the Extension of Sanitary Sewer System in Wildwood Subdivision (District No. 528), from Wildwood Subdivision to Interstate 80 (District No. 530T), and Sanitary Sewer Improvement District No. 2 (South of Interstate 80 Presenter(s):John Collins PE, Public Works Director Background On August 14, 2012, by Resolution No. 2012-206, City Council approved an agreement in the amount of $235,150.00 with Olsson Associates of Grand Island, Nebraska for engineering consulting services for the extension of Grand Island’s public sanitary sewer system in Wildwood Subdivision (District No. 528) and from Wildwood Subdivision to Interstate 80 (District No. 530T). On February 11, 2014, by Resolution No. 2014-24, City Council approved Agreement Amendment No. 1 in the amount of $267,035.00 with Olsson Associates for engineering consulting services related the Sewer Improvement District (SID) on both the north and south side of Interstate 80. On June 23, 2015, by Resolution No. 2015-159, City Council approved Agreement Amendment No. 2 in the amount of $40,000 with Olsson Associates for compensation of their work due to construction contract extensions granted to the contractor for both Sanitary Sewer District No. 528 and No. 530T. The scope of this agreement entails coordination with the Nebraska Department of Environmental Quality (NDEQ) regarding the State Revolving Funds (SRF), easement acquisition, geotechnical investigation, sanitary sewer design, project permitting, bid phase services, construction observation, construction administration services, and project close-out for the sanitary sewer extension. Grand Island Council Session - 5/10/2016 Page 146 / 171 Discussion Extra construction phase services have occurred on Sanitary Sewer District No. 528 and Sanitary Sewer District No. 530T which include additional geotechnical borings and evaluation, project closeout coordination, site visits, and meeting with landowners and business owners regarding final restoration items. Sanitary Sewer Improvement District No. 2 (SID #2) has also incurred extra costs due to recent rains, and coordination with the utility companies in regards to Lift Station No. 25 and No. 26. Such additional construction phase services have resulted in additional work for Olsson Associates, thus resulting in Amendment No. 3 to the original agreement, in the amount of $38,448.00 for a revised agreement amount of $580,633.00. If approved, total fees for engineering and project inspection services will represent less than 9% of overall project costs. 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 Agreement Amendment No. 3 with Olsson Associates of Grand Island, Nebraska and pass a Resolution authorizing the Mayor to sign the agreement, for a total amount of $38,448.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 5/10/2016 Page 147 / 171 Grand Island Council Session - 5/10/2016 Page 148 / 171 Grand Island Council Session - 5/10/2016 Page 149 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-117 WHEREAS, on August 14, 2012, by Resolution No. 2012-206 Grand Island City Council approved engineering consulting services with Olsson Associates of Grand Island, Nebraska for the extension of Grand Island’s public sanitary sewer system in Wildwood Subdivision (District No. 528) and from Wildwood Subdivision to Interstate 80 (District No. 530T) in the amount of $235,150.00; and WHEREAS, on February 11, 2014, by Resolution No. 2014-24 Grand Island City Council approved Agreement Amendment No. 1 in the amount of $267,035.00, to the original agreement with Olsson Associates to include further coordination with NDEQ for the SRF funding, as well as easement acquisition, geotechnical investigation, demolition of two existing private wastewater package plants and lift stations, design of two City of Grand Island standard lift stations, sanitary sewer force main design, project permitting, bid phase services, construction administration services, construction observation, and project closeout for the SID force main portion of the sanitary sewer extension to Interstate 80; and WHEREAS, on June 23, 2015, by Resolution No. 2015-159, City Council approved Agreement Amendment No. 2 in the amount of $40,000 to the original agreement with Olsson Associates for compensation of their work due to construction contract extensions granted to the contractor for both Sanitary Sewer District No. 528 and No. 530T; and WHEREAS, it is necessary to compensate Olsson Associates for their work in additional construction phase services on Sanitary Sewer District No. 528, Sanitary Sewer District No. 530T, and Sanitary Sewer Improvement District No. 2; and WHEREAS, the cost of such additional work is $38,448.00, resulting in a revised agreement of $580,633.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement Amendment No. 3 between the City of Grand Island and Olsson Associates of Grand Island, Nebraska for engineering consulting services for the extension of Grand Island’s public sanitary sewer system in Wildwood Subdivision (District No. 528), from Wildwood Subdivision to Interstate 80 (District No. 530T), and Sanitary Sewer Improvement District No. 2 (south of Interstate 80) is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement amendment on behalf of the City of Grand Island. - - - Grand Island Council Session - 5/10/2016 Page 150 / 171 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 151 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item G-17 #2016-118 - Approving Agreement with IMS Infrastructure Management Services for 2016 Pavement Condition Assessment, Traffic Control Sign Inventory, Pavement Markings Inventory, and Sidewalk Inventory Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/10/2016 Page 152 / 171 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 10, 2016 Subject:Approving Agreement with IMS Infrastructure Management Services for 2016 Pavement Condition Assessment, Traffic Control Sign Inventory, Pavement Markings Inventory, and Sidewalk Inventory Presenter(s):John Collins PE, Public Works Director Background A Request for Proposals (RFP) for 2016 Pavement Condition Assessment, Pavement Management Services, Public Right-of-Way Digital Imagery, Traffic Control Sign Inventory and Pavement Markings Inventory was advertised in the Grand Island Independent on March 3, 2016. The RFP was also sent to seven (7) potential proposers by the Engineering Division of the Public Works Department. The City is required to assess roadway pavement every three (3) years, at a minimum. Such assessment is used to determine roadways that become part of the annual maintenance project, as well as roadways that require more substantial work or rebuild. This information is also used for the City’s annual audit and for GASB 34 (GASB 34 provides a comprehensive framework for financial reporting with the objective of making annual reports easier to understand and more useful to the people who rely upon the financial condition contained therein. The most significant aspect of Statement 34 was that for the first time general infrastructure assets (such as roads, bridges and dams) were to be reported together with related depreciation or preservation costs. Discussion Five (5) proposals were received on March 22, 2016, with evaluation of each by Public Work staff based on established criteria in the RFP. The pavement condition assessment was a requirement of the scope of services, with optional services to develop a five-year pavement preservation work plan, digital imagery of the public right-of-way, sign inventory and street pavement marking inventory. IMS Infrastructure Management Services was selected as the best qualified firm to perform the requested services. As part of the proposal IMS Infrastructure Management Services offered optional services they are able to perform to aid the City in establishing Grand Island Council Session - 5/10/2016 Page 153 / 171 walkability projects. An agreement was negotiated for the services to be performed at actual costs with a maximum amount of $194,365.00, and includes pavement condition assessment, traffic control sign inventory, pavement markings inventory, and trails/sidewalk survey & inventory. It is anticipated that all work will be completed before the end of this fiscal year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement with IMS Infrastructure Management Services for pavement management services, traffic control sign inventory, pavement markings inventory, and sidewalk inventory to be performed at actual costs with a maximum amount of $194,365.00. Sample Motion Move to approve the agreement. Grand Island Council Session - 5/10/2016 Page 154 / 171 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR 2016 PAVEMENT MANAGEMENT SERVICES RFP DUE DATE:March 22, 2016 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:March 3, 2016 NO. POTENTIAL BIDDERS:7 SUMMARY OF PROPOSALS RECEIVED IMS Infrastructure Management Services, Inc.Cartegraph Tempe, AZ Dubuque, IA Snyder & Associates, Inc.Applied Research Associates Ankeny, IA Champaign, IL MDS Technologies, Inc. Park Ridge, IL cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, PW Engineer I P1874 Grand Island Council Session - 5/10/2016 Page 155 / 171 1 AGREEMENT THIS AGREEMENT made and entered into this ____ day of __________, 2016, by and between IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC hereinafter called the Consultant, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused agreement documents to be prepared and an advertisement of Request for Proposals for Pavement Management Services, Traffic Control Sign Inventory, Pavement Markings Inventory and Sidewalk Inventory for the City of Grand Island, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the qualifications submitted, and has determined that the aforesaid Consultant submitted the best qualifications based on the evaluation criteria listed in the Request For Qualifications, a copy thereof being attached to and made a part of this agreement, and has duly awarded to the said Consultant an agreement therefore, for the sum or sums named in the Request for Proposals with terms & conditions submitted by the Consultant, a copy thereof being attached to and made a part of this agreement; NOW, THEREFORE, in consideration of the compensation to be paid to the Consultant and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Consultant for itself, himself, or themselves, and its, his (hers), or their successors, as follows: ARTICLE I. That the Consultant shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the agreement documents as listed in the attached Request for Proposals for Pavement Management Services, Traffic Control Sign Inventory, Pavement Markings Inventory and Sidewalk Inventory for the City of Grand Island and in the attached Request for Proposals as submitted by the Consultant; said documents forming the agreement and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this agreement to the said Consultant, such award being based on the acceptance by the City of the Consultant's qualifications; ARTICLE II. That the City shall pay to the Consultant for the performance of the work embraced in this agreement and the Consultant will accept as full compensation therefore the sum (subject to adjustment as provided by the agreement) of One Hundred Ninety Four Thousand Three Hundred Sixty Five and 00/100 Dollars ($194,365.00) for all services, materials, and work covered by and included in the agreement award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the agreement. ARTICLE III. The Consultant hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the consultant shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Consultant. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The Consultant shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the consultant's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of attached Request for Proposals for Pavement Management Services, Traffic Control Sign Inventory, Pavement Markings Inventory and Sidewalk Inventory for the City of Grand Island. Grand Island Council Session - 5/10/2016 Page 156 / 171 2 Professional Services for Pavement Management Services, Traffic Control Sign Inventory, Pavement Markings Inventory and Sidewalk Inventory for the City of Grand Island AGREEMENT Pg 2/4 ARTICLE IV. That the Consultant shall start work as soon as possible after the agreement is signed. ARTICLE V. The Consultant agrees to comply with all applicable State fair labor standards in the execution of this agreement as required by Section 73-102, R.R.S. 1943. The Consultant further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this agreement, the Consultant and all Sub Consultants agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, gender, national origin, age or disability. The Consultant agrees to comply with all applicable Local, State and Federal rules and regulations. ARTICLE VI. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE VII. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or an agreement or sub agreement, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a Sub Consultant under an agreement to the prime Consultant or higher tier Sub Consultant or any person associated therewith, as an inducement for the award of a Sub Consultant to order. ARTICLE VIII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE IX. LB 403: Every public consultant and his, her or its sub-consultants who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Grand Island Council Session - 5/10/2016 Page 157 / 171 3 Professional Services for Pavement Management Services, Traffic Control Sign Inventory, Pavement Markings Inventory and Sidewalk Inventory for the City of Grand Island AGREEMENT Pg 3/4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC By Title CITY OF GRAND ISLAND, NEBRASKA, By Jeremy L. Jensen, Mayor Attest: RaNae Edwards, City Clerk The agreement is in due form according to law and is hereby approved. Stacy Nonhof, Asst. City Attorney Grand Island Council Session - 5/10/2016 Page 158 / 171 4 Professional Services for Pavement Management Services, Traffic Control Sign Inventory, Pavement Markings Inventory and Sidewalk Inventory for the City of Grand Island AGREEMENT Pg 4/4 APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this agreement, the consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "consultant") agrees as follows: (1) Compliance with Regulations: The consultant shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of sub-consultants, including procurements of materials and leases of equipment. The consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-consultants, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the consultant for work to be performed under a sub- agreement, including procurements of materials or leases of equipment, each potential sub-consultant or supplier shall be notified by the consultant of the consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4) Information and Reports: The consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.) withholding of payments to the consultant under the agreement until the consultant complies, and/or (b.) cancellation, termination or suspension of the agreement, in whole or in part. (6) Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The consultant shall take such action with respect to any sub-agreement or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the consultant may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the consultant may request the United States to enter into such litigation to protect the interests of the United States. Grand Island Council Session - 5/10/2016 Page 159 / 171 IMS Infrastructure Management Services Grand Island 2016 - Scope, Budget, Schedule Rev2.docx page 1 Scope, Budget, & Schedule Memorandum IMS Infrastructure Management Services 1820 W. Drake Dr. Suite 104. Tempe, AZ 85283 Phone: (480) 839-4347 Fax: (480) 839-4348 www.ims-rst.com To: Tim Golka, P.E., Project Engineer Date: April 22, 2016 From: Jim Tourek, Manager of Client Services Project: City of Grand Island Subject: Scope, Budget, & Schedule Project No: DETAILED PROJECT SCOPE Task Description Activities Deliverables Base Project Activities: 1. Project Initiation & Kick-off Meeting  Conduct kick off meting confirming scope, extent and content of surveys, set milestones and deliverables.  Confirm key contacts, roles and responsibilities, and project documentation.  Identify location of key data elements such as traffic data, GIS, existing roadway inventories, historical data, and pavement management data.  Identify deficient data and the means to obtain it.  Provide data QA plan to City.  Confirm phases of the work and invoicing methodology. Technical memo detailing scope of work, budget and deliverables. 2. Network Referencing & GIS Linkage  Complete a brief review of the City’s current GIS environment and assess suitability for pavement management purposes.  Using the City’s existing GIS centerline topology, update existing street inventory for use in Cartegraph and create a fixed link between the inventory and GIS using a unique identifier.  Include street number and block order in referencing.  Harmonize street names between GIS and Cartegraph (Note: GIS wins any differences).  Link each segment to its parent GIS section.  Obtain roadway attributes from GIS for functional class, traffic, width, length, pavement type, curb type, etc. If not available, devise plan to obtain them.  Create survey maps for use by the RST and client review. Survey maps and inventory for use on the project. 3. Mobilization/Calibration, Map Review, & Pre-Survey Meeting  Mobilize surface distress, roughness, and rutting testing equipment to project.  Crew to review the survey maps with the City.  Demonstrate the equipment to the City.  Calibrate equipment. Equipment calibration results 4. Pavement Condition Field Data Collection  Complete single pass testing on local roads and double pass testing on majors; collect ASTM distresses and attributes at 100-foot intervals on a block by block basis. IMS will survey approximately 300 centerline miles of roadway. Complete two passes on major roadways. Approximately 375 test miles. Grand Island Council Session - 5/10/2016 Page 160 / 171 City of Grand Island Scope, Budget, and Schedule – 2016 Pavement Management Program IMS Infrastructure Management Services Grand Island 2016 - Scope, Budget, Schedule Rev2.docx page 2  Possible expansion of distresses to a modified ASTM D6433 protocol. Distresses to include longitudinal, transverse, alligator, and block cracking, raveling, bleeding, patches/potholes, rutting, roughness, and distortions.  Laser based RST will incorporate the use of 11 lasers and rate gyroscopes, digital images, touch screen event board, and GPS acquisition.  Dual wheel path testing collecting International Roughness Index (IRI) data. 5. Pavement Attributes Data Collection  Collect/confirm attributes in the field such as curb presence by segment (C&G, ditch, none).  Collect/confirm asphalt height above lip of gutter using a 3 severity approach where low is flush; moderate is over lip but < 1”; and high is > 1”.  Roadway cross fall - report average on a section basis.  Edge drop-off – record edge drop-off into categories of low (< 4”), moderate (4”- 8”), severe (> 8”). Complete two passes on major roadways. Approximately 375 test miles. 6. Condition Data Shape File/ KMZ File Development & Delivery  Develop shape files for City distribution.  Sectional data to be plotted.  Up to 3 pavement shape files will be developed for the City. The files can illustrate the results of the survey. Delivery of shape files. 7. OCI Spreadsheet Development (by Segments) & Summary Report Following the field surveys and data processing, complete the following analysis:  Present status and OCI report in Excel format c/w OCI charts and backlog.  Fix all needs analysis, budget and summary report.  Budget driven analysis ($/yr estimate).  Integrate City capital plans and “must do’s” ($ to hit set OCI and backlog target). Draft analysis and report. Up to 5 models/ budget analysis options will be completed. 8. Project Management  Provide client with periodic e-mail updates and reports.  Meetings to be completed on-site and by conference calls.  Complete project administration and invoicing. Status reports and invoices 9. Operating Parameters, Analysis & 5-Year M&R Work Plan  Review and update the distress protocols used in the collection of condition data being loaded into Cartegraph.  Review existing Cartegraph operating parameters – performance curves, rehab strategies, unit rates, etc.  Provide recommendations to enhance the operating parameters of the Cartegraph software. Updates to be made thereafter.  Review and update the methodology utilized to calculate the Overall Condition Index score. Technical memo of data collection protocols. Memo detailing the results of the operating parameters review. 10. Consultant-led 6-hour Workshop at City  Provide client with feasibility, cost and useful life of the various preventive maintenance treatments for asphalt and concrete pavements  Review the Principles of Pavement Management and how to keep the system up-to-date. 1-day, 6-hour session with consultant with pavement expertise. 11. Digital Image Data Collection  On all roadways, perform GPS and forward-view digital images data collection. Local roadways will receive a single pass.  1 forward facing camera will be utilized to capture images at 25-foot intervals. Forward-view digital Images at 20-foot intervals. Grand Island Council Session - 5/10/2016 Page 161 / 171 City of Grand Island Scope, Budget, and Schedule – 2016 Pavement Management Program IMS Infrastructure Management Services Grand Island 2016 - Scope, Budget, Schedule Rev2.docx page 3 12. & 12 a-c. Network Camera Angles (3-Views) for Asset Development & Database Development  Mount 3-digital cameras on RST van for capturing multi- view video.  Collect video tape of City’s ROW network (3-views) for processing and asset database development.  Utilize field collected video in conjunction with the development of an assert library (Sidewalks, Traffic Control Signs & Pavement Markings). Process video tape of City’s ROW network (3-views) Supply City with video in h.264 format on a terabyte external hard drive.  Develop a Master Asset List used to define attributes.  Utilizing the right of way digital images and GPS data, develop a detailed ROW Asset inventory for entire roadway network.  Note Asset condition using Good/ Fair/ Poor notations.  Utilize RST imagery, aerial photos and in-house GIS tools to place signs in a positional-correct manner. Technical memo with City - approved MAL attributes. Personal geodatabase with asset inventory. ANTICIPATED PROJECT SCHEDULE Currently, IMS has a total capacity to complete 2,500 miles/month based on urban surveys, so completing Grand Island surveys in a timely fashion is not an issue. Field surveys are expected to progress at a conservative rate of 25 to 35 miles per day in urban areas increasing to 75 miles per day in rural environments. Surveys usually proceed at 5.5 to 6 days per week depending on weather, congestion and statutory holidays. On all projects three rate determining functions rise to the top as being critical in maintaining the proposed project schedule. In general it is not the surveys that take the longest time, but rather handling the data that makes project schedules slide. Three important steps are highlighted below: The schedule presented below has a total of three weeks float built into the work plan. Should these not be required, the schedule would advance accordingly. Within the schedule we have provided allowances for general factors such as weather, maintenance, and client meetings. PROJECT SCHEDULE: Elapsed time for the City of Grand Island field surveys is estimated at 3 weeks, depending on weather. Project Initiation Project Certification and Notice to Proceed Project Kick-Off Network Referencing/Streets List Field Surveys RST Mobilization & Calibration Pavement Condition Surveys QA Checks/Surveys Review Data Management Data QA/QC, Processing, & Format Staff Updates and Consultations Pavement Condition Data Format for Load Draft & FINAL Rehabilitation Analysis & Report Optional ROW Asset Database Development August 1 8 15 22 29 July 4 11 18 25 May June 13 20 27216233069Key Project Tasks Scheduled upon receipt of Grand Island Council Session - 5/10/2016 Page 162 / 171 City of Grand Island Scope, Budget, and Schedule – 2016 Pavement Management Program IMS Infrastructure Management Services Grand Island 2016 - Scope, Budget, Schedule Rev2.docx page 2 PROPOSED BUDGET: Thank you for considering IMS as a viable solution to your pavement management needs and we will strive to remain an asset and extension of the City of Grand Island staff and team. If any questions arise please do not hesitate to contact me at (480) 839-4347 or jtourek@ims-rst.com. Regards, IMS Infrastructure Management Services Jim Tourek West Region Manager of Client Services Task Activity Quant Units Unit Rate Total Project Initiation 1 Project Initiation and Kick-off Meeting 1 LS $3,000.00 $3,000.00 2 Network Referencing and GIS Linkage 375 T-Mi $20.00 $7,500.00 Field Surveys 3 Mobilization/Calibration (for 2-pass testing of Arterials & Collectors)1 LS $3,000.00 $3,000.00 4 Pavement Condition Field Data Collection (SDI & IRI)375 T-Mi $110.00 $41,250.00 Data Management 5 Data QA/QC, Processing, Format and Supply 375 T-Mi $20.00 $7,500.00 6 Shape File/PGD & KMZ File Development & Delivery (by Segments)1 LS $3,500.00 $3,500.00 7 OCI Spreadsheet Development (by Segments) & Summary Report 1 LS $4,500.00 $4,500.00 8 Project Management 1 LS $4,740.00 $4,740.00 9 Operating Parameters, Analysis & 5-Year M&R Work Plan 1 LS $5,000.00 $5,000.00 10 Consultant-led 8-hour Workshop at City 1 LS $4,000.00 $4,000.00 Provide an overview of the Pavement Management Work Plan 11 Collection of Digital Imagery (1-FW View, 25 Foot Intervals)375 T-Mi $15.00 $5,625.00 12 ROW Assets: HD Video Collection & Calibration (3-Views)375 T-Mi $20.00 $7,500.00 12a. Traffic Control Sign Database Development (approx. 8,500)375 T-Mi $100.00 $37,500.00 12b. Pavement Markings Database Development 375 T-Mi $60.00 $22,500.00 12c. Sidewalk Database Development 375 T-Mi $50.00 $18,750.00 Please note: If operating in Cartegraph OMS only, Tasks 5 & 7 are based on IMS formatting a .csv file to meet Cartegraph specifications. Optional Service Items and Activities 12d. Curb & Gutter Database Development 375 T-Mi $50.00 $18,750.00 13 City Council Presentation 1 LS $3,500.00 $3,500.00 14 Dynaflect Mobilization 1 LS $2,500.00 $3,000.00 15 Deflection Testing (2-pass test Arterials & Collectors)164 T-Mi $120.00 $19,680.00 16 Traffic Control for Deflection Testing 72 HR $108.00 $7,776.00 17 Browser Based Image Data Viewer (City-hosted)1 LS $7,500.00 $7,500.00 18 Browser Based Image Data Viewer (IMS-hosted add, year 2)1 Annual $1,500.00 $1,500.00 19 Mobilization/Calibration SST for Trails/ Sidewalk Survey 1 LS $3,000.00 $3,000.00 20 SST Sidewalk Survey*(Survey of Trails & non-roadway sidewalks) - Requires completion of task 12 & 12c (+/- 12.5 miles) 1 LS $6,500.00 $6,500.00 * Note: Milege shown for Task 20 is based on Map rec'd on 4/21 where IMS would survey non-ROW using SST. Project Total:$175,865.00 2016 City of Grand Island - Pavement Condition Assessment (Full Network) Grand Island Council Session - 5/10/2016 Page 163 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-118 WHEREAS, on March 3, 2016 the Engineering Division of the Public Works Department for the City of Grand Island, advertised for Request for Proposals for Consulting Services for Pavement Condition Assessment, Pavement Management Services, Public Right-of- Way Digital Imagery, Traffic Control Sign inventory and Pavement Markings Inventory; and WHEREAS, on March 22, 2016 Proposals for such services were opened and evaluated by Public Works staff based on established criteria; and WHEREAS, the proposal submitted by IMS Infrastructure Management Services, LLC of Tempe, Arizona received the highest ranking based on the established criteria; and WHEREAS, such work will consist of pavement condition assessment, traffic control sign inventory, pavement markings inventory, and trails/sidewalk survey & inventory; and WHEREAS, the agreement was negotiated for the work to be performed at actual costs with a maximum amount of $194,365.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with IMS Infrastructure Management Services, LLC of Tempe, Arizona for actuals costs with a maximum amount of $194,365.00 for pavement condition assessment, traffic control sign inventory, pavement markings inventory, and trails/sidewalk survey & inventory is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to enter into such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 164 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item I-1 #2016-119 - Consideration of Approving 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 So. Stuhr Road This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 5/10/2016 Page 165 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-119 WHEREAS, an application was filed by La Mexicana, Inc. doing business as La Mexicana Market, 385 North Pine Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 30, 2016; such publication cost being $16.77; and WHEREAS, a public hearing was held on May 10, 2016 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Veronica Alvarez, 609 So. Sthur Road, 2223 Bellwood #175 as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 166 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item I-2 #2016-120 - Consideration of Approving Resolution Directing Property Owner to Repair Sidewalk at 103 West 3rd Street Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/10/2016 Page 167 / 171 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 10, 2016 Subject:Resolution Directing Property Owner to Repair Sidewalk at 103 West 3rd Street Presenter(s):John Collins PE, Public Works Director Background On March 29, 2016 Code Enforcement was notified of the sidewalk in disrepair at 103 West 3rd Street. Public Works Administration was contacted by Code Enforcement for an opinion on the condition of the sidewalk and whether repairs were necessary to make the area safe for pedestrians. Upon inspection of such sidewalk it was determined by Public Works Engineering that such sidewalk did require repair and Code Enforcement was notified of such. Contact was made with the property owner on March 30, 2016 by Code Enforcement and a copy of City Code Section 32-58 was provided and the violation explained with 30 days given to correct. As of April 29, 2016 the necessary repairs were not made, and Public Works Administration was notified by Code Enforcement to request City Council order necessary repairs be completed. Discussion The Public Works Department is requesting that a resolution be passed giving the property owner 15 days to obtain the sidewalk permit and 15 days from issuance of such permit to complete the repairs of the sidewalk at 103 West 3rd Street (Lots 1 & 2, Block 66, Original Town, Grand Island, Hall County, Nebraska), as this is a public safety concern. If the property owner fails to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs 15 days after such permit is issued, the City of Grand Island will take steps to make the necessary repairs with all costs being the responsibility of the property owner. Grand Island Council Session - 5/10/2016 Page 168 / 171 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution directing the property owner to obtain a permit and repair the sidewalk located at 103 West 3rd Street (Lots 1 & 2, Block 66, Original Town, City of Grand Island, Hall County, Nebraska). Sample Motion Move to approve a resolution directing the property owner to obtain a sidewalk permit and repair the sidewalk. Grand Island Council Session - 5/10/2016 Page 169 / 171 Approved as to Form ¤ ___________ May 6, 2016 ¤ City Attorney R E S O L U T I O N 2016-120 WHEREAS, the City has the authority under Neb. Rev. Stat., §16-662 and Section 32-58 of the City Code, to direct the repair and replacement of sidewalks by owners of the abutting property; and WHEREAS, the sidewalk abutting 103 West 3rd Street, legally described as Lots 1 & 2, Block 66, Original Town, City of Grand Island, Hall County, Nebraska, has been determined to be in need of repair and replacement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that notice be sent to the property owner to obtain a sidewalk permit within 15 days and within 15 days of such permit issuance to make the necessary repairs to the sidewalk abutting the property located at 103 West 3rd Street (Lots 1 & 2, Block 66, Original Town, City of Grand Island, Hall County, Nebraska). If the property owner fails to either obtain the sidewalk permit in the 15 day timeframe or complete the necessary repairs within 15 days of such permit issuance, the City will cause the work to be done and assess the cost against the property. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/10/2016 Page 170 / 171 City of Grand Island Tuesday, May 10, 2016 Council Session Item J-1 Approving Payment of Claims for the Period of April 27, 2016 through May 10, 2016 The Claims for the period of April 27, 2016 through May 10, 2016 for a total amount of $4,100,358.72. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 5/10/2016 Page 171 / 171