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06-14-2016 City Council Regular Meeting Packet City of Grand Island Tuesday, June 14, 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 - 6/14/2016 Page 1 / 239 City of Grand Island Tuesday, June 14, 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 Richard King, Solid Rock Baptist Church, 3221 West 13th Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 6/14/2016 Page 2 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item C-1 Recognition of Retiring Police Chief Steve Lamken Mayor Jensen and the City Council will recognize Police Chief Steve Lamken who will be retiring on June 17, 2016. Chief Lamken started working for the City of Grand Island as Police Chief on October 17, 2005. He oversees approximately 110 employees of which 87 are sworn officers. We thank Chief Lamken for his years of service to the City of Grand Island and wish him well in his retirement. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 6/14/2016 Page 3 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item E-1 Public Hearing on Request from Calm Nights, LLC dba Hotel Grand Conference Center, 2503 South Locust Street for a Class “C” Liquor License Council action will take place under Consent Agenda item G-4. Staff Contact: RaNae Edwards Grand Island Council Session - 6/14/2016 Page 4 / 239 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:June 14, 2016 Subject:Public Hearing on Request from Calm Nights, LLC dba Hotel Grand Conference Center, 2503 South Locust 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 Calm Nights, LLC dba Hotel Grand Conference Center, 2503 South Locust 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 - 6/14/2016 Page 5 / 239 Also submitted with the application was a request from Rhonda Saalfeld, 823 Austin Avenue 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 Calm Nights, LLC dba Hotel Grand Conference Center, 2503 South Locust Street for a Class “C” Liquor License contingent upon final inspections and Liquor Manager Designation for Rhonda Saalfeld, 823 Austin Avenue contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 6/14/2016 Page 6 / 239 Grand Island Council Session - 6/14/2016 Page 7 / 239 Grand Island Council Session - 6/14/2016 Page 8 / 239 Grand Island Council Session - 6/14/2016 Page 9 / 239 Grand Island Council Session - 6/14/2016 Page 10 / 239 RIVERSIDE DRW E D G E W O O D D R BROOKLINE DR WOODLAND DR HOLCOMB ST MIDARODR STAGECOACH RDARROWHEAD RDARROWHEAD RDSTOLLEY PARK RD W SARATOGACIR BIR C H WO O D L N KINGSWOOD DREXCHANGE RD CHERRYW O ODLNROUSH LN STOLLEY PARK RD EEDDYST SLINCOLN AVE SBELLWOOD DRWYANDOTTE ST LOCUST ST SBRAHMA ST GAMMAST PARKWOOD DRDELTA ST WYANDOTTEST SANTA ANITA DRHAGGE AVE STAGECOACHR D GRANDAVEGRANDAVE BANTAM STSYLVAN STCHANTICLEER STCOCHIN ST LOCUST ST SLOCUST ST SCOCHIN STBRAHMA STµ Liquor ApplicationHotel Grand Conference Center2503 S Locust St.Class "C" License Legend CenterlineLiquor License Locations2503 S Locust St.1500'Radius Grand Island Council Session - 6/14/2016 Page 11 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - Northwest Corner of Hwy. 30 and Engleman Road (West Park Plaza Mobile Home Park, LLC) Council action will take place under Consent Agenda item G-5. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/14/2016 Page 12 / 239 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant Utilities Director Meeting:June 14, 2016 Subject:Acquisition of Utility Easement – West Park Plaza Mobile Home Park, LLC 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 West Park Plaza Mobile Home Park, LLC, located through a part of the Southeast Quarter (SE ¼), Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th PM, in the City of Grand Island, Hall County, Nebraska (the Northwest corner of U.S. Highway 30 and Engleman Road), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The West Park Plaza Mobile Home Park is in the process of upgrading the mobile homes along the east side of East Lane. In order to serve the development’s increased electrical load, new transformers and high voltage underground power lines need to be placed on the Grantor’s property. The easement will allow the Utilities Department to install, access, operate and maintain the electric infrastructure. The centerline of the easement will be along the easterly edge of the existing roadway. 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 Grand Island Council Session - 6/14/2016 Page 13 / 239 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 - 6/14/2016 Page 14 / 239 Grand Island Council Session - 6/14/2016 Page 15 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement - 2023 S. Locust Street (First National Bank of Omaha) Council action will take place under Consent Agenda item G-6. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/14/2016 Page 16 / 239 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant Utilities Director Meeting:June 14, 2016 Subject:Acquisition of Utility Easement – 2023 S. Locust First National Bank of Omaha 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 First National Bank of Omaha, located through a part of Lot One (1), Equestrian Meadows Subdivision, in the City of Grand Island, Hall County, Nebraska (2023 S. Locust Street), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to provide access for the placement, operation, and maintenance of the high-voltage underground power line, the transformer and appurtenances for the new bank located at 2023 S. Locust Street. 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 - 6/14/2016 Page 17 / 239 Grand Island Council Session - 6/14/2016 Page 18 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item E-4 Public Hearing on Acquisition of Public Right-of-Way at the Intersection of Faidley Avenue & Diers Avenue in Crane Valley, Crane Valley 5th & Richmond Subdivisions (Staab Real Estate, O'Connor Properties, Equitable Building & Loan Assoc., & West Faidley Medical Center) Council action will take place under Consent Agenda item G-16. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/14/2016 Page 19 / 239 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:June 14, 2016 Subject:Public Hearing on Acquisition of Public Right-of-Way at the Intersection of Faidley Avenue & Diers Avenue in Crane Valley, Crane Valley 5th & Richmond Subdivisions (Staab Real Estate, O'Connor Properties, Equitable Building & Loan Assoc., & West Faidley Medical Center) Presenter(s):John Collins PE, Public Works Director Background It is anticipated that a traffic signal will be necessary at the intersection of Faidley Avenue & Diers Avenue upon the extension of Faidley Avenue, west to North Road. This project will address traffic patterns and warrant of a signal at such intersection. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing be conducted with the acquisition approved by the City Council. Public right-of-way is needed to accommodate the installation of a traffic signal at the intersection of Faidley Avenue and Diers. The public right-of-way will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of utilities within the area. Sketches are attached to show the public right-of-way areas. Discussion Acquisition of public right-of-way is needed from four (4) property owners for the installation of a traffic signal at the intersection of Faidley Avenue and Diers Avenue. Engineering staff of the Public Works Department negotiated with the property owners for such acquisition. Grand Island Council Session - 6/14/2016 Page 20 / 239 Property Owner Legal Description Amount Staab Real Estate, LLC A PART OF LOT 1, CRANE VALLEY, A SUBDIVISION LOCATED IN THE W ½ OF THE NE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, CRANE VALLEY, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N45o45’45”W (ASSUMED BEARING), ALONG THE WEST LINE OF SAID LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 31.80 FEET; THENCE DEFLECTING 45o00’37” TO THE RIGHT, ALONG SAID WEST LINE OF LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE A DISTANCE OF 88.05 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 4.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 45.91 FEET; THENCE DEFLECTING 17o45’11” TO THE LEFT, A DISTANCE OF 47.04 FEET; THENCE DEFLECTING 38o00’56” TO THE LEFT A DISTANCE OF 30.61 FEET; THENCE DEFLECTING 34o13’53” TO THE LEFT, A DISTANCE OF 11.21 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT TO A POINT ON THE SOUTH LINE OF SAID LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID NORTH RIGHT-OF- WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 2.60 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT ALONG SAID SOUTH LINE OF LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 32.37 FEET TO THE POINT OF BEGINNING. THE DESCRIBED AREA CONTAINS AN AREA OF 1107 S.F. OR 0.03 ACRES, MORE OR LESS. $9,970.00 O’Connor Properties, LLC A PART OF LOT 2, CRANE VALLEY FIFTH ADDITION, A SUBDIVISION LOCATED IN THE W ½ OF THE NE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2, CRANE VALLEY FIFTH ADDITION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE S89o14’52”W (ASSUMED BEARING), ALONG THE SOUTH LINE OF SAID LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 74.78 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT, A DISTANCE OF 3.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT, A DISTANCE OF 43.00 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT, A DISTANCE OF 7.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 23.00 FEET; THENCE DEFLECTING 39o41’40” TO THE LEFT, A DISTANCE OF 35.44 FEET; THENCE DEFLECTING 50o18’20” TO THE LEFT A DISTANCE OF 13.57 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 4.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, CRANE $7,880.00 Grand Island Council Session - 6/14/2016 Page 21 / 239 VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE DEFLECTING 90o00’00” TO THE RIGHT, ALONG SAID EAST LINE OF LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 23.72 FEET; THENCE DEFLECTING 45o00’37” TO THE RIGHT, ALONG SAID EAST LINE OF LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 31.80 FEET, TO THE POINT OF BEGINNING. THE DESCRIBED AREA CONTAINS AN AREA OF 872 S.F. OR 0.02 ACRES, MORE OR LESS. The Equitable Building and Loan Association of Grand Island, Nebraska, FSB, a Federal Savings Bank A PART OF LOT 1, RICHMOND SUBDIVISION, A SUBDIVISION LOCATED IN THE W ½ OF THE SE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, RICHMOND SUBDIVISION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N89o15’01”E (ASSUMED BEARING), ALONG THE NORTH LINE OF SAID LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DSITANCE OF 33.74 FEET; THENCE DEFLECTING 152o45’16” TO THE RIGHT, A DISTANCE OF 43.33 FEET; THENCE DEFLECTING 34o32’10” TO THE LEFT A DISTANCE OF 30.95 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1 AND EAST RIGHT- OF-WAY LINE OF DIERS AVENUE; THENCE DEFLECTING 151o00’58” TO THE RIGHT ALONG SAID WEST LINE OF LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 27.06 FEET; THENCE DEFLECTING 45o22’58” TO THE RIGHT ALONG SAID WEST LINE OF LOT 1, RICHMOND SUBDIVISION SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE A DISTANCE OF 28.16 FEET TO THE POINT OF BEGINNING. THE DESCRIBED AREA CONTAINS AN AREA OF 686 S.F. OR 0.02 ACRES, MORE OR LESS. $5,840.00 West Faidley Medical Center, LLC A PART OF LOT 13, RICHMOND SUBDIVISION, A SUBDIVISION LOCATED IN THE W ½ OF THE SE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13, RICHMOND SUBDIVISION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE S46o07’57”E (ASSUMED BEARING), ALONG THE EAST LINE OF SAID LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 28.46 FEET; THENCE DEFLECTING 44o37’02” TO THE RIGHT, ALONG SAID EAST LINE OF LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE A DISTANCE OF 32.62 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 3.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 16.84 FEET; THENCE DEFLECTING 47o51’35” TO THE LEFT TO A POINT ON THE NORTH LINE OF SAID LOT 13, RICHMOND SUBDIVISION SAID LINE ALSO BEING SAID SOUTH RIGHT-OF- $4,740.00 Grand Island Council Session - 6/14/2016 Page 22 / 239 WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 54.17 FEET; THENCE DEFLECTING 138o37’22” TO THE RIGHT ALONG SAID NORTH LINE OF LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 23.18 FEET TO THE POINT OF BEGINNING. THE DESCRIBED AREA CONTAINS AN AREA OF 677 S.F. OR 0.02 ACRES, MORE OR LESS. TOTAL PUBLIC RIGHT-OF-WAY COMPENSATION $28,430.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the necessary public right-of-way. Sample Motion Move to approve the acquisition of the necessary public right-of-way. Grand Island Council Session - 6/14/2016 Page 23 / 239 Grand Island Council Session - 6/14/2016 Page 24 / 239 Grand Island Council Session - 6/14/2016 Page 25 / 239 Grand Island Council Session - 6/14/2016 Page 26 / 239 Grand Island Council Session - 6/14/2016 Page 27 / 239 Grand Island Council Session - 6/14/2016 Page 28 / 239 Grand Island Council Session - 6/14/2016 Page 29 / 239 Grand Island Council Session - 6/14/2016 Page 30 / 239 Grand Island Council Session - 6/14/2016 Page 31 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item F-1 #9589 - Consideration of Creation of Sanitary Sewer District No. 538T, Ext of Sanitary Sewer to Serve Lot One (1) Jack Voss Horse Country Club Third Subdivision, Lot One (1) Miracle Valley Second Subdivision, and Part of the W 1/2 SW 1/4 of Misc Tracts 2-11-10 (W of Engleman Rd, N of Michigan Ave) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/14/2016 Page 32 / 239 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:June 14, 2016 Subject:Consideration of Creation of Sanitary Sewer District No. 538T, Ext of Sanitary Sewer to Serve Lot One (1) Jack Voss Horse Country Club Third Subdivision, Lot One (1) Miracle Valley Second Subdivision, and Part of the W 1/2 SW 1/4 of Misc Tracts 2-11-10 (W of Engleman Rd, N of Michigan Ave) Presenter(s):John Collins PE, Public Works Director Background Council action is needed to create a sanitary sewer tap district. The boundary was developed by Public Works staff in order to serve an area that does not currently have access to sanitary sewer. Please refer to attached proposed Sanitary Sewer District 538T; Exhibit “A” Sketch. Discussion This tap district would be able to serve three (3) lots, with the potential to serve more lots upon the development of Jack Voss Horse Country Club 3rd Subdivision. The area is presently served with both water and electric. If the district is created the sanitary sewer cost would be assessed to the properties through a sanitary sewer tap district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 6/14/2016 Page 33 / 239 Recommendation City Administration recommends that the Council approve the creation of Sanitary Sewer District 538T. Sample Motion Move to approve the creation of Sanitary Sewer District 538T. Grand Island Council Session - 6/14/2016 Page 34 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9589 An ordinance creating Sanitary Sewer District No. 538T of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; providing for the connection fee for connecting to such sanitary sewer; providing for certification to the Register of Deeds of the connection fee; and providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 538T is hereby created for the construction of: An eight (8.0) inch gravity Sanitary Sewer Main and appurtenances thereto within Lot One (1) Jack Voss Horse Country Club Third Subdivision, all of Lot One (1), Miracle Valley Second Subdivision, and Part of the SW 1/4 of Section 2, Township 11 North, Range 10 West of the 6th P.M., all in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: Grand Island Council Session - 6/14/2016 Page 35 / 239 ORDINANCE NO. 9589 (Cont.) - 2 - A SANITARY SEWER TAP DISTRICT COMPRISING ALL OF LOT ONE (1), JACK VOSS HORSE COUNTRY CLUB THIRD SUBDIVISION, ALL OF LOT ONE (1), MIRACLE VALLEY SECOND SUBDIVISION AND PART OF THE SOUTHWEST QUARTER OF SECTION TWO (2), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASAK AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT ONE (1), JACK VOSS HORSE COUNTRY CLUB THIRD SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; SAID POINT BEING THE ACTUAL POINT OF BEGINNING; THENCE EASTERLY ON THE NORTH LINE OF SAID LOT ONE (1), JACK VOSS HORSE COUNTRY CLUB THIRD SUBDIVISION A DISTANCE OF 670.06 FEET TO THE NORTHWEST CORNER OF LOT TWO (2), JACK VOSS HORSE COUNTRY CLUB THIRD SUBDIVISION; THENCE SOUTHERLY ON THE EASTERLY LINE OF SAID LOT ONE (1), JACK VOSS HORSE COUNTRY CLUB THIRD SUBDIVISOIN A DISTANCE OF 588.67 FEET OT THE SOUTHWEST CORNER OF LOT ELEVEN (11), JACK VOSS HORSE COUNTRY CLUB SECOND SUBDIVISION; THENCE EASTERLY ON THE SOUTH LINE OF SAID JACK VOSS HORSE COUNTRY CLUB SECOND SUBDIVISION A DISTANCE OF 374.87 FEET TO THE SOUTHEAST CORNER OF LOT THIRTEEN (13), JACK VOSS HORSE COUNTRY CLUB SECOND SUBDIVISION; THENCE SOUTHERLY ON THE EASTERLY LINE OF SAID LOT ONE (1), JACK VOSS HORSE COUNTRY CLUB THIRD SUBDIVISION A DISTANCE OF 175.03 FEET TO THE SOUTHEAST CORNER OF SAID LOT ONE (1), JACK VOSS HORSE COUNTRY CLUB THIRD SUBDIVISION; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LOT ONE (1), JACK VOSS HORSE COUNTRY CLUB THIRD SUBDIVISION A DISTANCE OF 580.17 FEET TO THE SOUTHEAST CORNER OF LOT TWO (2), MIRACLE VALLEY SECOND SUBDIVISION; THENCE NORTHERLY ON THE EAST LINE OF SAID LOT TWO (2), MIRACLE VALLEY SECOND SUBDIVISION A DISTANCE OF 272.40 FEET TO THE SOUTHEAST CORNER OF LOT ONE (1), MIRACLE VALLEY SECOND SUBDIVISION; THENCE EASTERLY ON THE SOUTH LINE OF SAID LOT ONE (1), MIRACLE VALLEY SECOND SUBDIVISION A DISTANCE OF 465.13 FEET TO THE SOUTHWEST CORNER OF SAID LOT ONE (1), MIRACLE VALLEY SECOND SUBDIVISION; THENCE NORTHERLY ON THE WEST LINE OF SAID LOT ONE (1), MIRACLE VALLEY SECOND SUBDIVISION AND THE PROLONGATION THEREOF, A DISTANCE OF 491.07 FEET TO THE POINT OF BEGINNING. SAID DISTRICT BOUNDARY CONTAINS A CALCUALTED AREA OF 10.35 ACRES MORE OR LESS. SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the costs thereof, and submit the same to the City Council, and thereafter, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such sanitary sewer main connection district shall be reported to the City Council, and the Council, sitting as a Board of Equalization, shall determine benefits to abutting property by reason of such improvement pursuant to Section Grand Island Council Session - 6/14/2016 Page 36 / 239 ORDINANCE NO. 9589 (Cont.) - 3 - 16-6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be certified by resolution of the City Council to the Hall County Register of Deeds. A connection fee in the amount of the special benefit accruing to each property in the district shall be paid to the City of Grand Island prior to such property being connected to the sanitary sewer main in such district. No property thus benefited by sanitary sewer main improvements shall be connected to the sanitary sewer main until the connection fee is paid. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: June 14, 2016 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 37 / 239 5#0+6#4;5'9'46#2&+564+%66':*+$+6#.')'0&Grand IslandCouncil Session - 6/14/2016Page 38 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-1 Approving Minutes of May 24, 2016 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 6/14/2016 Page 39 / 239 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 24, 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 May 24, 2016. Notice of the meeting was given in The Grand Island Independent on May 18, 2016. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. The following City Officials were present: City Administrator Marlan Ferguson, Assistant to the City Administrator Nicki Stoltenberg, Finance Director Renae Griffiths, City Attorney Jerry Janulewicz, and Public Works Director John Collins. INVOCATION was given by Pastor Dan Brenton, Evangelical Free Church, 2609 South Blaine Street followed by the PLEDGE OF ALLEGIANCE. Mayor Jensen acknowledged that City Clerk RaNae Edwards was absent and appointed Nicki Stoltenberg as City Clerk Pro Tem for purposes of making a record of the proceedings of the City Council meeting. Mike McDermott, 1603 Gretchen Avenue, requested to speak about a topic that was not on the agenda. BOARD OF EQUALIZATION: Motion by Donaldson, second by Paulick to adjourn to the Board of Equalization. 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 Speihs, 909 Capital Ave., requested to speak on this item. Motion by Paulick, second by Minton to approve Resolution #2016-BE-4. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Paulick, second by Hehnke to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from Prairie Pride Brewing Company, LLC dba Prairie Pride Brewing Company, 115 East South Front Street, Suite 1 for a Class “LK” Liquor License. City Grand Island Council Session - 6/14/2016 Page 40 / 239 Page 2, City Council Regular Meeting, May 24, 2016 Clerk Pro Tem Nicki Stoltenberg reported that an application for a Class “LK” Liquor License had been received from Prairie Pride Brewing Company, LLC dba Prairie Pride Brewing Company, 115 East South Front Street, Suite 1. Ms. Stoltenberg presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on April 19, 2016; notice to the general public of date, time, and place of hearing published on May 14, 2016; notice to the applicant of date, time, and place of hearing mailed on April 19, 2016; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Amos Anson, 4234 Arizona Avenue, spoke in favor of this item. Public Hearing on Request to Rezone Property located at 2530 and 2540 N. Webb Road from R4 – High Density Residential to B1 – Light Business (Darren and Celeste Bartunek). Regional Planning Director Chad Nabity reported that an application had been made by Darren and Celeste Bartunek to rezone property located at 2530 and 2540 N. Webb Road from R4 – High Density Residential to B1 – Light Business. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 1920 Sagewood Avenue (HC of Grand Island LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 1920 Sagewood Avenue was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would provide for transformer and high voltage underground power lines for the new Heritage Senior Living Center’s health and care facility. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement in Section 22, Township 11 N, Range 9W - SE Corner of S Locust Street & State Fair Boulevard Intersection (Hall County Livestock Improvement Association). Public Works Director John Collins reported that acquisition of a utility easement located at the southeast corner of South Locust Street and the State Fair Boulevard intersection was needed in order to allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9586 - Consideration of Request to Rezone Property located at 2530 and 2540 N. Webb Road from R4 – High Density Residential to B1 – Light Business (Darren and Celeste Bartunek) #9587 – Consideration of Amending Salary Ordinance Relative to Non-Union Part-Time Community Service Officers #9588 – Consideration of Amending Chapter 23 Article VII of the Grand Island City Code Relative to the Food & Beverage Retailer Occupation Tax be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Grand Island Council Session - 6/14/2016 Page 41 / 239 Page 3, City Council Regular Meeting, May 24, 2016 Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9586 - Consideration of Request to Rezone Property located at 2530 and 2540 N. Webb Road from R4 – High Density Residential to B1 – Light Business (Darren and Celeste Bartunek) Motion by Stelk, second by Fitzke to approve Ordinance #9586. City Clerk Pro Tem: Ordinance #9586 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 Pro Tem: Ordinance #9586 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 #9586 is declared to be lawfully adopted upon publication as required by law. #9587 – Consideration of Amending Salary Ordinance Relative to Non-Union Part-Time Community Service Officers Human Resources Director Aaron Schmid reported that Ordinance #9587 would adjust the part time Community Service Officer classification to match the full time Community Service Officer classification pay range and would clarify part time, seasonal and temporary classifications. Motion by Jones, second by Minton to approve Ordinance #9587. City Clerk Pro Tem: Ordinance #9587 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 Pro Tem: Ordinance #9587 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 #9587 is declared to be lawfully adopted upon publication as required by law. #9588 – Consideration of Amending Chapter 23 Article VII of the Grand Island City Code Relative to the Food & Beverage Retailer Occupation Tax City Attorney Jerry Janulewicz reported that Ordinance #9588 would amend Chapter 23 by adding a new Article VII imposing the new occupation tax on retailers engaged in the sale of food and beverages. The new tax will be imposed at the rate of 1 ½% of the gross proceeds from the sale of food and beverages and will become effective July 1, 2016. Mr. Janulewicz reported Grand Island Council Session - 6/14/2016 Page 42 / 239 Page 4, City Council Regular Meeting, May 24, 2016 that there were a few corrections made and the final draft was presented this evening. The changes are specific to correcting a typo regarding retail location, deleting the administrative fee provision and correcting an inconsistency regarding ‘gross proceeds’ and ‘gross receipts’ to read ‘proceeds with receipts.’ Councilmembers Nickerson and Paulick thanked Administration and staff for the removal of the administration fee as well as for the continued audit of the collections. Mayor Jensen reminded the public of the Oversight Committee and that applications are due on June 20th. Motion by Donaldson, second by Minton to approve Ordinance #9588. City Clerk Pro Tem: Ordinance #9588 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 Pro Tem: Ordinance #9588 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 #9588 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-7 (Resolution #2016-124) was pulled for further discussion. Motion by Paulick, second by Stelk to approve the Consent Agenda excluding item G-7. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 10, 2016 City Council Regular Meeting. Approving Minutes of May 17, 2016 City Council Study Session. Approving Liquor Manager Designation for Stephanie Smith, 208 West 8th Street for Ruby Tuesday, 3429 West 13th Street. #2016-121 - Approving Request from Prairie Pride Brewing Company, LLC dba Prairie Pride Brewing Company, 115 East South Front Street, Suite 1 for a Class “LK” Liquor License and Liquor Manager Designation for Phillip Cahoy, #83 Ponderosa Drive. #2016-122 - Approving Acquisition of Utility Easement - 1920 Sagewood Avenue (HC of Grand Island LLC). #2016-123 - Approving Certificate of Participant with the Public Power Generation Agency for Revenue Refunding Bonds, 2016, Series A. #2016-125 - Approving Award of Proposal for Enterprise Environmental Resources Regulatory and Compliance System – 2016 with Linko Technology, Inc. of Wheat Ridge, CO in an Amount not to exceed $63,565.00 and an Annual Maintenance and Support Amount of $7,580.00. Grand Island Council Session - 6/14/2016 Page 43 / 239 Page 5, City Council Regular Meeting, May 24, 2016 #2016-126 - Approving Bid Award for South Locust Traffic Signal Relocation; Project No. 2016-TS-1 with Chief Construction Co. dba Heartland Electric Co. of Grand Island, NE in an Amount of $50,004.70. CONSENT AGENDA Item G-7: #2016-124 - Approving Acquisition of Utility Easement in Section 22, Township 11 N, Range 9 - SE Corner of S Locust Street & State Fair Boulevard Intersection (Hall County Livestock Improvement Association). Motion by Paulick, second by Minton to approve. Upon roll call vote, all voted aye. Motion adopted. Councilmember Paulick asked for clarification regarding the signal serving as an events signal at State Fair Boulevard. John Collins confirmed it as such. RESOLUTIONS: #2016-100 - Consideration of Fees for Sanitary Sewer District No. 537T, Ext of Sanitary Sewer to Serve Lot 1 & Lot 2, TLST Spiehs Subdivision and Part of the N 10 Acres of the W Half of the NW Quarter (W1/2NW1/4) All In Section 10, Township 11N, Range 9W. This item was related to the aforementioned Public Hearing. Motion by Minton, second by Hehnke to approve Resolution #2016-100. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Donaldson, second by Fitzke to approve the Claims for the period of May 11, 2016 through May 24, 2016 for a total amount of $5,970,952.20. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Minton, second by Jones to adjourn to Executive Session at 7:47 p.m. for the purpose of a strategy session with respect to Labor Negotiations with the Fraternal Order of Police (FOP) #24. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Paulick, second by Minton to return to Regular Session at 8:15 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:15 p.m. Nicki Stoltenberg City Clerk Pro Tem Grand Island Council Session - 6/14/2016 Page 44 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-2 Approving Appointment of Al Satterly to the Civil Service Commission Mayor Jensen has submitted the appointment of Al Satterly to the Civil Service Commission to replace John Schultz. The appointment would become effective immediately upon approval by the City Council and would expire on June 1, 2022. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 6/14/2016 Page 45 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-3 Approving Liquor Manager Designation for Ian Butler, 6030 193rd Avenue, Omaha, NE for Shopko #38, 2208 North Webb Road Staff Contact: RaNae Edwards Grand Island Council Session - 6/14/2016 Page 46 / 239 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:June 14, 2016 Subject:Request from Ian Butler, 6030 193rd Avenue, Omaha, NE for Liquor Manager Designation with Shopko #38, 2208 North Webb Road Presenter(s):RaNae Edwards, City Clerk Background Ian Butler, 6030 193rd Avenue, Omaha, NE has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Shopko #38, 2208 North Webb Road. 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 - 6/14/2016 Page 47 / 239 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Ian Butler, 6030 193rd Avenue, Omaha, NE for Liquor Manager Designation in conjunction with the Class “B-112990” Liquor License for Shopko #38, 2208 North Webb Road with the stipulation that Mr. Butler complete a state approved alcohol server/seller training program. Grand Island Council Session - 6/14/2016 Page 48 / 239 Grand Island Council Session - 6/14/2016 Page 49 / 239 Grand Island Council Session - 6/14/2016 Page 50 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-4 #2016-127 - Approving Request from Calm Nights, LLC dba Hotel Grand Conference Center, 2503 South Locust Street for a Class “C” Liquor License and Liquor Manager Designation for Rhonda Saalfeld, 823 Austin Avenue This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 6/14/2016 Page 51 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-127 WHEREAS, an application was filed by Calm Nights, LLC doing business as Hotel Grand Conference Center, 2503 South Locust 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 June 4, 2016; such publication cost being $12.27; and WHEREAS, a public hearing was held on June 14, 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 Rhonda Saalfeld, 823 Austin Avenue as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 52 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-5 #2016-128 - Approving Acquisition of Utility Easement - Northwest Corner of Hwy. 30 and Engleman Road (West Park Plaza Mobile Home Park, LLC) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/14/2016 Page 53 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-128 WHEREAS, a public utility easement is required by the City of Grand Island from West Park Plaza Mobile Home Park, LLC, 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 June 14, 2016 for the purpose of discussing the proposed acquisition of an easement located at the Northwest corner of U.S. Highway 30 and Engleman Road, in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northeast corner of the Southeast Quarter (SE1/4), Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th PM, Grand Island, Hall County, Nebraska; thence on an assumed bearing of S0°39’43”E, along the easterly line of said Southeast Quarter (SE1/4), a distance of six hundred twenty five and ninety three hundredths (625.93) feet to a point on the northerly right-of-way line of the Union Pacific Railroad; thence S58°02’40”W, along the northerly right-of-way line of said Union Pacific Railroad, a distance of two hundred eighty seven and fifty seven hundredths (287.57) feet, thence N48°15’58”W, along the centerline of an existing twenty (20.0) foot easement described in document 201500355 recorded in the Register of Deeds Office, Hall County, Nebraska, a distance of one hundred and forty seven hundredths (100.47) feet; thence N54°53’41”E, along the centerline of said existing twenty (20.0) foot easement, a distance of one hundred eighty and eighty six hundredths (180.86) feet to the ACTUAL Point of Beginning; thence N0°33’15”W, a distance of three hundred fifty one and sixteen hundredths (351.16) feet; thence N66°46’46”W, a distance of fifty (50.0) feet to the point of termination. The above easement and right of way containing a combined total of 0.18 acres, more or less, as shown on the plat dated 5/3/2016, marked Exhibit “A” attached hereto and incorporated herein by reference. 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 West Park Plaza Mobile Home Park, LLC, on the above-described tract of land. - - - Grand Island Council Session - 6/14/2016 Page 54 / 239 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _____________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 55 / 239 Grand Island Council Session - 6/14/2016 Page 56 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-6 #2016-129 - Approving Acquisition of Utility Easement - 2023 S. Locust Street (First National Bank of Omaha) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/14/2016 Page 57 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-129 WHEREAS, a public utility easement is required by the City of Grand Island from the First National Bank of Omaha, 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 June 14, 2016 for the purpose of discussing the proposed acquisition of an easement located at 2023 South Locust Street, in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at a point on the southerly line of Lot One (1), Equestrian Meadows Subdivision, in the City of Grand Island, Hall County, Nebraska, said point being ten (10.0) west of the Southeast corner of said Lot One (1); thence westerly along the southerly line of said Lot One (1), a distance of ten (10.0) feet; thence northerly and twenty (20.0) feet parallel with the easterly line of said Lot One (1), a distance of sixty five (65.0) feet; thence easterly and parallel with the southerly line of said Lot One (1), a distance of four (4.0) feet; thence northerly and sixteen (16.0) feet parallel with the easterly line of said Lot One (1), a distance of one hundred twelve and thirty two hundredths (112.32) feet; thence westerly and parallel with the northerly line of said Lot One (1), a distance of one hundred thirty four and thirty five hundredths (134.35) feet to a point on a westerly line of said Lot One (1); thence northerly along a westerly line of said Lot One (1), a distance of twenty (20.0) feet; thence easterly and parallel with the northerly line of said Lot One (1), a distance of one hundred forty and forty two hundredths (140.42) feet; thence southerly and ten (10.0) feet parallel with the easterly line of said Lot One (1), a distance of one hundred ninety seven and twenty seven hundredths (197.27) feet to the said Point of Beginning. The above-described easement and right-of-way containing 0.095 acres more or less, as shown on the plat dated 4/12/2016, marked Exhibit "A", attached hereto and incorporated herein by reference. 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 First National Bank of Omaha, on the above-described tract of land. - - - Grand Island Council Session - 6/14/2016 Page 58 / 239 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. ______________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 59 / 239 Grand Island Council Session - 6/14/2016 Page 60 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-7 #2016-130 - Approving Bid Award - Water Main Project 2015-W-1 - Pine Street Crossing at the Union Pacific Railroad Tracks Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/14/2016 Page 61 / 239 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:June 14, 2016 Subject:Water Main Project 2015-W-1 – Pine Street at the Union Pacific Railroad Crossing Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department is continuing to replace the water mains that cross under the Union Pacific Railroad through the center of town. Water Main Project 2015-W-1 will replace the main in Pine Street at the Union Pacific Railroad tracks. Historic records indicate the existing water line in this part of the system is over 100 years old. The project will directional bore a 20” diameter steel casing under the tracks, install a new 10” ductile-iron water main within the casing, and reconnect the piping to the existing main. A site map of the area is attached for reference. Discussion Bidding documents were advertised in accordance with City Procurement Codes. Seven plan service firms, thirteen construction companies and one supplier were notified of the project. Four bids were received and publicly opened at 2:15 p.m. on June 2, 2016. The bids have been reviewed and evaluated, and are without error. Myers Construction did have an exception that dewatering would not be included in the bid price. The exception does not affect the bid outcome. Tabulated below is the Evaluated Bid Price from each of the bidders and completion dates: Bidder Bid Security Exceptions Evaluated Bid Price Completion Date Diamond Engineering Co. Grand Island, NE Universal Surety Co.None $164,148.79 9/30/2016 Van Kirk Bros Construction Co Sutton, NE Universal Surety Co.None $148,276.78 12/31/2016 General Excavating Lincoln, NE Universal Surety Co.None $259,034.40 9/30/2016 Myers Construction, Inc. Broken Bow, NE Merchants Bonding Co.Noted $235,392.30 12/15/2016 Grand Island Council Session - 6/14/2016 Page 62 / 239 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 bid of Van Kirk Bros. Contracting of Sutton, Nebraska for Water Main Project 2015-W-1, in the amount of $148,276.78. Sample Motion Move to approve the bid for Water Main Project 2015-W-1 to Van Kirk Bros. Contracting of Sutton, Nebraska, in the amount of $148,276.78. Grand Island Council Session - 6/14/2016 Page 63 / 239 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:June 2, 2016 at 2:15 p.m. FOR:Water Main Project 2015-W-1, Pine Street at UPRR Crossing DEPARTMENT:Utilities ESTIMATE:$260,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:May 16, 2016 NO. POTENTIAL BIDDERS:12 SUMMARY Bidder:Myers Construction, Inc.General Excavating Broken Bow, NE Lincoln, NE Bid Security:Merchants Bonding Co.Universal Surety Co. Exceptions:Noted None Bid Price:$235,392.30 $259,034.40 Completion Date:December 15, 2016 September 30, 2016 Bidder:Diamond Engineering Co.Van Kirk Bros. Contracting Grand Island, NE Sutton, NE Bid Security:Universal Surety Co.Universal Surety Co. Exceptions:None None Bid Price:$164,148.79 $148,276.78 Completion Date:September 30, 2016 December 31, 2016 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Tom Barnes, Utilities Eng. Mgr. Christy Lesher, Utilities Dept.Jamie Royer, Utilities Dept. P1885 Grand Island Council Session - 6/14/2016 Page 64 / 239 WATER MAIN PROJECT 2015-W-1 Bids Received 6/2/2016 PINE STREET AT UPRR CROSSING Estimated Item Description Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price D.1.01 BORE AND JACK 20"X0.375" STL. CASING 149.3 LF $377.36 $56,339.85 $408.00 $60,914.40 $575.00 $85,847.50 $457.00 $68,230.10 D.1.02 10” R.J. D.I. PIPE 376.6 LF $85.80 $32,312.28 $52.00 $19,583.20 $86.00 $32,387.60 $148.00 $55,736.80 D.1.03 6" S.J. D.I. PIPE 27.0 LF $61.34 $1,656.18 $22.00 $594.00 $62.00 $1,674.00 $63.00 $1,701.00 D.1.04 2" TYPE "K" COPPER PIPING 37.0 LF $31.44 $1,163.28 $28.00 $1,036.00 $49.00 $1,813.00 $50.00 $1,850.00 D.1.05 1" TYPE "K" COPPER PIPING 42.0 LF $21.39 $898.38 $21.00 $882.00 $36.00 $1,512.00 $40.00 $1,680.00 D.1.06 20"X10" TAPPING SLEEVE 1.0 EA $5,720.23 $5,720.23 $3,850.00 $3,850.00 $7,540.00 $7,540.00 $5,197.00 $5,197.00 D.1.07 10"X10" TAPPING SLEEVE 1.0 EA $3,833.01 $3,833.01 $3,150.00 $3,150.00 $4,580.00 $4,580.00 $3,790.00 $3,790.00 D.1.08 10"X6" M.J. TEE 2.0 EA $420.76 $841.52 $350.00 $700.00 $560.00 $1,120.00 $664.00 $1,328.00 D.1.09 10"X90° M.J. BEND 2.0 EA $390.58 $781.16 $320.00 $640.00 $525.00 $1,050.00 $620.00 $1,240.00 D.1.10 10"X22.5° M.J. BEND 3.0 EA $342.65 $1,027.95 $320.00 $960.00 $525.00 $1,575.00 $500.00 $1,500.00 D.1.11 10" RETAINER GLAND 2.0 EA $98.09 $196.18 $60.00 $120.00 $215.00 $430.00 $156.00 $312.00 D.1.12 6"X45° M.J. BEND 2.0 EA $216.59 $433.18 $175.00 $350.00 $400.00 $800.00 $248.00 $496.00 D.1.13 6"X24" GRADE-LOK OFFSET FITTING 1.0 EA $802.47 $802.47 $660.00 $660.00 $1,140.00 $1,140.00 $1,440.00 $1,440.00 D.1.14 6" RETAINER GLAND 5.0 EA $62.14 $310.70 $36.00 $180.00 $88.00 $440.00 $68.00 $340.00 D.1.15 10" R.S. GATE TAPPING VALVE 2.0 EA $2,826.38 $5,652.76 $2,380.00 $4,760.00 $4,890.00 $9,780.00 $3,240.00 $6,480.00 D.1.16 6" R.S. GATE VALVE 2.0 EA $1,020.84 $2,041.68 $990.00 $1,980.00 $980.00 $1,960.00 $1,148.00 $2,296.00 D.1.17 FIRE HYDRANT (ONLY)1.0 EA $433.19 $433.19 $1,050.00 $1,050.00 $3,650.00 $3,650.00 $3,767.00 $3,767.00 D.1.18 10"X2" SADDLE W/ 2" CORPORATION STOP 1.0 EA $1,182.39 $1,182.39 $825.00 $825.00 $680.00 $680.00 $424.00 $424.00 D.1.19 2" CURB STOP 1.0 EA $576.99 $576.99 $660.00 $660.00 $600.00 $600.00 $840.00 $840.00 D.1.20 1" CORPORATION STOP 2.0 EA $482.90 $965.80 $390.00 $780.00 $240.00 $480.00 $324.00 $648.00 D.1.21 1" CURB STOP 2.0 EA $257.43 $514.86 $315.00 $630.00 $290.00 $580.00 $372.00 $744.00 D.1.22 VALVE BOX 4.0 EA $225.47 $901.88 $180.00 $720.00 $200.00 $800.00 $496.00 $1,984.00 D.1.23 SERVICE VALVE BOX 3.0 EA $189.96 $569.88 $90.00 $270.00 $190.00 $570.00 $282.00 $846.00 D.1.24 SERVICE CONNECTION 3.0 EA $289.38 $868.14 $255.00 $765.00 $500.00 $1,500.00 $1,000.00 $3,000.00 D.1.25 20" I-BEAM BLOCK 1.0 EA $1,285.36 $1,285.36 $2,385.00 $2,385.00 $1,300.00 $1,300.00 $1,200.00 $1,200.00 D.1.26 10" I-BEAM BLOCK 1.0 EA $1,406.09 $1,406.09 $990.00 $990.00 $800.00 $800.00 $1,100.00 $1,100.00 D.1.27 THRUST BLOCK 10.0 EA $241.45 $2,414.50 $75.00 $750.00 $350.00 $3,500.00 $350.00 $3,500.00 D.1.28 8 MIL. V-BIO POLYWRAP 403.6 LF $2.72 $1,097.79 $1.75 $706.30 $1.50 $605.40 $3.00 $1,210.80 D.1.29 SAW CUT 172.0 LF $4.85 $834.20 $5.15 $885.80 $10.00 $1,720.00 $3.00 $516.00 Myers Construction Broken Bow, NEGrand Island, NE Diamond Engineering Van Kirk Bros Contracting Sutton, NE General Excavating Lincoln, NE Grand Island Council Session - 6/14/2016 Page 65 / 239 D.1.30 REMOVE AND SALVAGE FIRE HYDRANT 1.0 EA $573.44 $573.44 $265.00 $265.00 $800.00 $800.00 $1,500.00 $1,500.00 D.1.31 REMOVE MANHOLE 2.0 EA $566.34 $1,132.68 $400.00 $800.00 $900.00 $1,800.00 $3,850.00 $7,700.00 D.1.32 REMOVE ASPHALT ROADWAY 419.2 SY $8.43 $3,533.86 $8.50 $3,563.20 $16.00 $6,707.20 $8.00 $3,353.60 D.1.33 REPLACE CONCRETE ROADWAY 419.2 SY $60.66 $25,428.67 $59.00 $24,732.80 $130.00 $54,496.00 $80.00 $33,536.00 D.1.34 REMOVE 30" CURB & GUTTER SECTION 15.0 LF $7.90 $118.50 $7.00 $105.00 $28.00 $420.00 $10.00 $150.00 D.1.35 REPLACE 30" CURB & GUTTER SECTION 15.0 LF $22.85 $342.75 $24.00 $360.00 $46.00 $690.00 $30.00 $450.00 D.1.36 REMOVE CONCRETE SIDEWALK 650.6 SF $1.31 $852.29 $1.30 $845.78 $2.50 $1,626.50 $1.00 $650.60 D.1.37 REPLACE CONCRETE SIDEWALK 650.6 SF $4.94 $3,213.96 $5.50 $3,578.30 $17.00 $11,060.20 $9.00 $5,855.40 D.1.38 TRAFFIC CONTROL 1.0 LS $1,890.76 $1,890.76 $2,250.00 $2,250.00 $11,000.00 $11,000.00 $8,800.00 $8,800.00 $164,148.79 $148,276.78 $259,034.40 $235,392.30 EXCEPTIONS NONE EXCEPTIONS NONE EXCEPTIONS NONE EXCEPTIONS NOTED COMPLETION 9/30/2016 COMPLETION 12/31/2016 COMPLETION 9/30/2016 COMPLETION 12/15/2016 Grand Island Council Session - 6/14/2016 Page 66 / 239 Grand Island Council Session - 6/14/2016 Page 67 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-130 WHEARAS, the City of Grand Island invited sealed bids for construction of Water Main Project 2015-W-1 at the Pine Street Crossing of the Union Pacific Railroad, according to plans and specifications on file with the Utilities Department; and WHEREAS, on June 2, 2016, bids were received, opened and reviewed; and WHEREAS, Van Kirk Bros. Contracting of Sutton, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $148,276.78; and WHEREAS, the bid of Van Kirk Bros. Contracting is less than the estimate for the construction of Water Main Project 2015-W-1 – Pine Street Crossing at the Union Pacific Railroad. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Van Kirk Bros. Contracting of Sutton, Nebraska, in the amount of $148,276.78, for the construction of Water Main Project 2015-W-1 – Pine Street Crossing at the Union Pacific Railroad, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 68 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-8 #2016-131 - Approving Bid Award - Water Main Project 2016-W-3 - 13th & Beal Streets Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/14/2016 Page 69 / 239 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:June 14, 2016 Subject:Water Main Project 2016-W-3 at 13th & Beal Streets Presenter(s):Timothy Luchsinger, Utilities Director Background In 1950, sanitary sewer mains and water mains were constructed in the Northeast area of the City. The installation of the two systems was done in accordance with acceptable standards of that time. It has recently been discovered that the piping network in the 13th and Beal Streets intersection does not meet current standards for clearances and safe operation. Water Main Project 2016-W-3 will resolve the previously unknown conflict and conform to modern construction practices. A site sketch of the work area is attached for reference. Discussion Bidding documents were advertised in accordance with City Procurement Codes. Seven plan service firms, eleven construction companies and one supplier were notified of the project. Four bids were received and publicly opened at 2:00 p.m. on June 2, 2016. The bids have been reviewed and evaluated, and are without error. Myers Construction did have an exception that dewatering would not be included in the bid price. The exception does not affect the bid outcome. Tabulated below is the Evaluated Bid Price from each of the bidders and completion dates: Bidder Bid Security Exceptions Evaluated Bid Price Completion Date Diamond Engineering Co. Grand Island, NE Universal Surety Co.None $23,348.57 7/31/2016 Van Kirk Bros Construction Co Sutton, NE Universal Surety Co.None $25,215.10 11/15/2016 General Excavating Lincoln, NE Universal Surety Co.None $62,892.30 8/31/2016 Myers Construction, Inc. Broken Bow, NE Merchants Bonding Co.Noted $50,484.30 7/15/2016 Grand Island Council Session - 6/14/2016 Page 70 / 239 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 bid of The Diamond Engineering Company of Grand Island, Nebraska for Water Main Project 2016-W-3, in the amount of $23,348.57. Sample Motion Move to approve the bid for Water Main Project 2016-W-3 to The Diamond Engineering Company, of Grand Island, Nebraska, in the amount of $23,348.57. Grand Island Council Session - 6/14/2016 Page 71 / 239 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:June 2, 2016 at 2:00 p.m. FOR:Water Main Project 2016-W-3, 13th Street and Beal Street DEPARTMENT:Utilities ESTIMATE:$30,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:May 16, 2016 NO. POTENTIAL BIDDERS:8 SUMMARY Bidder:Myers Construction, Inc.General Excavating Broken Bow, NE Lincoln, NE Bid Security:Merchants Bonding Co.Universal Surety Co. Exceptions:Noted None Bid Price:$50,484.30 $62,892.30 Completion Date:July 15, 2016 August 31, 2016 Bidder:Diamond Engineering Co.Van Kirk Bros. Contracting Grand Island, NE Sutton, NE Bid Security:Universal Surety Co.Universal Surety Co. Exceptions:None None Bid Price:$23,348.57 $25,215.10 Completion Date:July 31, 2016 November 15, 2016 or before cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Tom Barnes, Utilities Eng. Mgr. Christy Lesher, Utilities Dept.Jamie Royer, Utilities Dept. P1884 Grand Island Council Session - 6/14/2016 Page 72 / 239 Estimated Item Description Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price D.1.01 6” S.J. D.I. PIPE 32.2 LF $91.24 $2,937.93 $75.00 $2,415.00 $650.00 $20,930.00 $74.00 $2,382.80 D.1.02 6”x45° M.J. BEND 4.0 EA $367.25 $1,469.00 $280.00 $1,120.00 $460.00 $1,840.00 $600.00 $2,400.00 D.1.03 6" RETAINER GLAND 8.0 EA $86.46 $691.68 $80.00 $640.00 $85.00 $680.00 $48.00 $384.00 D.1.04 THRUST BLOCK 4.0 EA $289.54 $1,158.16 $100.00 $400.00 $630.00 $2,520.00 $380.00 $1,520.00 D.1.05 BELL RESTRAINT BLOCK 2.0 EA $621.31 $1,242.62 $125.00 $250.00 $650.00 $1,300.00 $2,240.00 $4,480.00 D.1.06 8 MIL. POLYWRAP 32.2 LF $2.25 $72.45 $3.00 $96.60 $6.50 $209.30 $10.00 $322.00 D.1.07 12" C900 PVC PIPE 20.0 EA $80.14 $1,602.80 $90.00 $1,800.00 $175.00 $3,500.00 $80.00 $1,600.00 D.1.08 12" FERNCO COUPLING 2.0 EA $124.52 $249.04 $210.00 $420.00 $450.00 $900.00 $580.00 $1,160.00 D.1.09 CONCRETE JOINT ENCASEMENT PER STD PLAN 133 2.0 EA $397.84 $795.68 $175.00 $350.00 $590.00 $1,180.00 $1,700.00 $3,400.00 D.1.10 REMOVE AND DISPOSE OF EXISTING MANHOLE 1.0 EA $652.01 $652.01 $500.00 $500.00 $835.00 $835.00 $11,000.00 $11,000.00 D.1.11 REMOVE CONCRETE ROADWAY 138.5 SY $15.25 $2,112.13 $15.00 $2,077.50 $18.00 $2,493.00 $18.00 $2,493.00 D.1.12 REPLACE CONCRETE ROADWAY 138.5 SY $66.46 $9,204.71 $96.00 $13,296.00 $130.00 $18,005.00 $105.00 $14,542.50 D.1.13 TRAFFIC CONTROL 1.0 LS $1,160.36 $1,160.36 $1,850.00 $1,850.00 $8,500.00 $8,500.00 $4,800.00 $4,800.00 $23,348.57 $25,215.10 $62,892.30 $50,484.30 EXCEPTIONS Diamond Engineering Van Kirk Bros Contracting Bids Received: 6/2/2016 COMPLETION General Excavating Myers Construction WATER MAIN PROJECT 2016-W-3 NONE NONE NONE NOTED: DEWATERING 13TH AND BEAL Grand Island, NE Sutton, NE Lincoln, NE Broken Bow, NE 7/31/2016 11/15/2016 8/31/2016 7/15/2016 Grand Island Council Session - 6/14/2016 Page 73 / 239 Utilities Department Water Main Project 2016-W-3 Grand Island Council Session - 6/14/2016 Page 74 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-131 WHEREAS, the City of Grand Island invited sealed bids for construction of Water Main Project 2015-W-3 at 13th Street and Beal Street, according to plans and specifications on file with the Utilities Department; and WHEREAS, on June 2, 2016, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company, of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $23,348.57; and WHEREAS, the bid of The Diamond Engineering Company is less than the estimate for the construction of Water Main Project 2016-W-3 – 13th Street and Beal Street. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company, in the amount of $23,348.57, for the construction of Water Main Project 2016-W-3 – 13th Street and Beal Street, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 75 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-9 #2016-132 - Approving Sale of Residual Fuel Oil Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/14/2016 Page 76 / 239 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:June 14, 2016 Subject:Sale of Residual (No. 6) Fuel Oil Presenter(s):Timothy Luchsinger, Utilities Director Background The City’s electric generating facilities include the Platte Generating Station and the Burdick Station. Platte is a coal-fueled steam turbine generator rated at 100 megawatts. It is the City’s base-loaded generating facility, operating over 8,000 hours per year. The generating capacity at the Burdick Station consists of three steam turbine generators (92 megawatts total) and three combustion turbine generators (81 megawatts total). These units use natural gas as their primary fuel and because of their fuel cost being higher than coal, they are used as peaking units during high load demand periods, about 400 to 500 hours per year. Additionally, because of their quick start characteristics (less than 15 minutes), the combustion turbines are used instead of the steam turbine units, which were originally designed as base load units in the 1950’s and 1960’s. As a contingency for times when the natural gas supply could be interrupted, both types of units at Burdick can use fuel oil as a backup fuel source. The combustion turbines utilize distillate (No. 2) fuel oil, which is a byproduct of the oil refining process. No. 6 fuel oil is usually less expensive than No. 2 fuel oil, but requires heating for handling and combustion and is better suited for base-load units. With the addition of 33 megawatts of coal-fueled generation from the City’s participation in the Nebraska City Unit 2 and an additional 15 megawatts in the Whelan 2 project at Hastings, the mission of the older steam units at Burdick will be more of a standby role for disruptions of electric system operations. As a result, the need for the inventory of the No. 6 fuel oil is minimized. The use of the No. 6 oil requires a steam unit to be fired on natural gas for two to three days to heat the oil for use, which is not timely in an emergency. Last year the Utilities Department contracted to sell the No. 6 fuel oil, but pumping issues occurred when the fuel oil fell below the heaters and only 288,000 gallons were sold. Burdick Station currently has about 384,000 gallons of No. 6 fuel oil left in storage. As a means of funding for expanding the No. 2 fuel oil inventory for use in the combustion Grand Island Council Session - 6/14/2016 Page 77 / 239 turbines as a contingency fuel source, bids for the sale of 384,000 gallons of No. 6 fuel oil were solicited by plant staff. Discussion Specifications for the Sale of Residual (No. 6) Fuel Oil was advertised and issued for bid in accordance with the City Purchasing Code. One bid was received: Bidder Bid Price Total Estimated Bid Altiras Fuels $0.05 per gallon $19,200.00 The bid was reviewed by plant engineering staff and is compliant with the specifications. 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 sale of residual fuel oil (No. 6) to Altiras Fuels of Houston, Texas in the amount of $0.0125 per net pound ($0.05 per gallon). Sample Motion Move to approve the sale of No. 6 fuel oil to Altiras Fuels in the amount of $0.05 per gallon. Grand Island Council Session - 6/14/2016 Page 78 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-132 WHEREAS, the City of Grand Island invited sealed bids for the Sale of Residual (No. 6) Fuel Oil, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 25, 2016, a single bid was received, opened and reviewed; and WHEREAS, Altiras Fuels of Houston, Texas, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $0.0125 per net pound ($0.05 per gallon). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Altiras Fuels, in the amount of $0.0125 per new pound ($0.05 per gallon), for the sale of Residual (No. 6) Fuel Oil, is hereby approved as the high responsive bidder. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 79 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-10 #2016-133 - Approving Pipeline Crossing Agreement - Pine Street at the Union Pacific Railroad Tracks - Water Main Project 20015- W-1 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 6/14/2016 Page 80 / 239 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:June 14, 2016 Subject:Pipeline Crossing Agreement with the Union Pacific Railroad for Water Main Project 2015-W-1 at the Pine Street Crossing Presenter(s):Timothy Luchsinger, Utilities Director Background Over the past several years, the Utilities Department has carried out a program to replace the water mains that go under Railroad tracks throughout the town and tie the water distribution system together. A sketch of the crossing area is attached for reference. Discussion In order to proceed with this project, a crossing agreement with the Union Pacific Railroad will be required. The Union Pacific has a number of requirements regarding utility pipeline crossing their right-of-way, and the Department has submitted application for the construction of the new crossing for the railroad’s review. Attached is a copy of their proposed agreement for the project. The Crossing at Union Pacific Mile Post 146.75, Kearney Subdivision/Branch, includes a one-time fee of $5,400.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 6/14/2016 Page 81 / 239 Recommendation It is recommended that Council authorize the execution of the Pipeline Crossing Agreement with the Union Pacific Railroad for Water Main Project 2015-W-1, and approve the one-time fee of $5,400.00. Sample Motion Move to authorize the execution of the Pipeline Crossing Agreement with the Union Pacific Railroad for Water Main Project 2015-W-1. Grand Island Council Session - 6/14/2016 Page 82 / 239 Grand Island Council Session - 6/14/2016 Page 83 / 239 Pipeline Crossing 080808 Folder No. 02981-04 Last Modified: 03/29/10 Form Approved, AVP-Law PIPELINE CROSSING AGREEMENT Mile Post: 146.75, Kearney Subdivision/Branch Location: Grand Island, Hall County, Nebraska THIS AGREEMENT (“Agreement”) is made and entered into as of December 30, 1899, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF GRAND ISLAND, NEBRASKA, a Nebraska municipal corporation to be addressed at Po Box 1968, 100 E First Street Grand Island, Nebraska 68802 (“Licensee”). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 10 inch ductile iron carrier encased within a 20 inch steel casing pipeline for transporting and conveying potable water only across Licensor's track(s) and property (the “Pipeline”) in the location shown and in conformity with the dimensions and specifications indicated on the print dated March 15, 2016 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying potable water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. For the purposes of Exhibit A, Licensee acknowledges that if it or its contractor provides to Railroad digital imagery depicting the Pipeline crossing, Licensee authorizes Railroad to use the Digital Imagery in preparing the print attached as an exhibit hereto. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Railroad to use the Digital Imagery in said manner. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Five Thousand Four Hundred Dollars ($5,400.00). Grand Island Council Session - 6/14/2016 Page 84 / 239 Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article 4. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Article 5. INSURANCE. A. During the life of the License, Licensee shall fully comply with the insurance requirements described in Exhibit C. B. Failure to maintain insurance as required shall entitle, but not require, Licensor to terminate this License immediately. C. If the Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this license, those statutes shall apply. D. Licensee hereby acknowledges that is has reviewed the requirements of Exhibit C, including without limitation the requirement for Railroad Protective Liability Insurance during construction, maintenance, installation, repair or removal of the pipeline which is the subject of this Agreement. Article 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF GRAND ISLAND, NEBRASKA By: __________________________________ By: __________________________________ Title:______________________________ Name Printed:______________________ Grand Island Council Session - 6/14/2016 Page 85 / 239 X 4510 90 110.0 65.0 45.065 5 Other 8.1 7.0 NOTES: 1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1 Bored and Jacked At minimum signs will be provided as stated above Ductile Iron Pipe NA potable water 80.0 80.0 0.26 10.0 Yes Steel Pipe NA 110.0 0.38 20.0 Yes Open 65.0 45.0 Mainline Track 40.927213289261 -98.34092974662 GRAND ISLAND Hall NE 0298104 03/15/2016 NON-FLAMMABLE LIQUID PIPELINE CITY OF GRAND ISLAND, NEBRASKA UPRR Signal House - MP 146.79Pine Street C/L Kearney Sub. 146.75 8232+09.5 ± 215 150 150 150 Grand Island Council Session - 6/14/2016 Page 86 / 239 Sarah J. Brower Real Estate – Asst. Mgr Name Printed: __________________________ Title: _________________________________ Pipeline Crossing 07/20/08 Form Approved, AVP Law EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor’s current standards and specifications (“UP Specifications”), except for variances approved in advance in writing by the Licensor’s Assistant Vice President Engineering – Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association (“AREMA”) standards and guidelines (collectively, “UP Additional Requirements”), and (iii) all applicable laws, rules and regulations (“Laws”). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the design, construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline from Licensor’s property, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor’s Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor’s Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, Grand Island Council Session - 6/14/2016 Page 87 / 239 if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK / LICENSOR REPRESENTATIVE / SUPERVISION / FLAGGING / SAFETY. A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or "Railroad Representative"): PATRICK J. O'BRIEN MGR SIGNAL MNTCE 601 East South Front St Grand Island, NE 68801 Work Phone: 308/8 389-2244 Fax: 402 501-1606 Cell Phone: 308 440-6653 ANTHONY L. TROTTA MGR TRACK MNTCE 2511 12TH ST COLUMBUS, NE 68601 Work Phone: 402/8 501-3817 Cell Phone: 575 551-1701 B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensor's approval of plans and specifications involving the work, or by Licensor's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who fails to conform to the instructions of the Licensor Representative in connection with the work on Licensor's property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensor's property. D. Licensee shall notify the Licensor Representative at least ten (10) working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, Grand Island Council Session - 6/14/2016 Page 88 / 239 but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Licensor's track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Representative will determine and inform Licensee whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee, Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight- hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. F. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensor's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Grand Island Council Session - 6/14/2016 Page 89 / 239 Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. I. Licensee shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have a non-delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to require Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor’s property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Grand Island Council Session - 6/14/2016 Page 90 / 239 B. Explosives or other highly flammable substances shall not be stored on Licensor's property without the prior written approval of Licensor. C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Licensor's trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensee or its contractors shall be kept at least fifty (50) feet from the centerline of Licensor's nearest track. E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will commence no work on the Licensor’s property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTORS, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A Grand Island Council Session - 6/14/2016 Page 91 / 239 CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). Grand Island Council Session - 6/14/2016 Page 92 / 239 B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS OF ANY KIND, NATURE OR DESCRIPTION ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE’S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT AND ACTIVE NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR’S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney’s fees, investigators’ fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Grand Island Council Session - 6/14/2016 Page 93 / 239 Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Section 16. SEVERABILITY. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement. Grand Island Council Session - 6/14/2016 Page 94 / 239 Approved: Insurance Group Created: 9/23/05 Last Modified: 03/29/10 Form Approved, AVP-Law EXHIBIT C Union Pacific Railroad Company Contract Insurance Requirements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement) the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: “Contractual Liability Railroads” ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: “Coverage For Certain Operations In Connection With Railroads” ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Licensee must maintain “Railroad Protective Liability” insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. Grand Island Council Session - 6/14/2016 Page 95 / 239 The definition of “JOB LOCATION” and “WORK” on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this agreement E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, and these policies must “follow form” and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above (except worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. H. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Licensee required in this agreement, where permitted by law This waiver must be stated on the certificate of insurance. I. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. J. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. Grand Island Council Session - 6/14/2016 Page 96 / 239 Pipeline Crossing 07/20/08 Form Approved, AVP-Law EXHIBIT D SAFETY STANDARDS MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Licensee. I. Clothing A. All employees of Licensee will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Licensee’s employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Licensee shall require its employee to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be affixed with Licensee’s company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:  100 feet of a locomotive or roadway/work equipment  15 feet of power operated tools  150 feet of jet blowers or pile drivers Grand Island Council Session - 6/14/2016 Page 97 / 239  150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection – plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Licensee and its contractor are responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Licensee must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Licensee will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Licensee to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Licensee’s equipment is unsafe for use, Licensee shall remove such equipment from Railroad’s property. In addition, Licensee must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be:  Familiar and comply with Railroad’s rules on lockout/tagout of equipment.  Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-track.  Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. Grand Island Council Session - 6/14/2016 Page 98 / 239 V. General Safety Requirements A. Licensee shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Licensee shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Licensee meets the minimum safety requirements established by the Federal Railroad Administration’s Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Grand Island Council Session - 6/14/2016 Page 99 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-133 WHEREAS, the construction of Water Main Project 2015-W-1 will require a crossing under the Union Pacific Railroad crossing at Pine Street; and WHEREAS, the Union Pacific Railroad requires a Pipeline Crossing Agreement to be entered in to for persons crossing its property for such purposes with a one-time fee payment of $5,400.00 for the crossing under the line at Pine Street; and WHEREAS, the City Attorney’s office has reviewed the proposed Pipeline Crossing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Pipeline Crossing Agreement, by and between the City and the Union Pacific Railroad Railroad Company, for the construction and maintenance of Water Main Project 2015-W-1 at the Pine Street Crossing, is hereby approved; and the Mayor is hereby authorized to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. ____________________________ Jeremy L. Jensen, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 100 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-11 #2016-134 - Approving 2016 GIPD & HCSO JAG (Justice Assistance Grant) Application and Funding Staff Contact: Steve Lamken - Police Chief Grand Island Council Session - 6/14/2016 Page 101 / 239 Council Agenda Memo From:Chief Steven Lamken, Police Department Meeting:June 14, 2016 Subject:Edward Byrne Memorial Justice Assistance Grant (JAG) 2016 Presenter(s):Steve Lamken, Chief of Police Background The Grand Island Police Department and Hall County Sheriff’s Department are eligible to receive Justice Assistance Grant money from the U.S. Department of Justice under the JAG offering in 2016. The total award for Grand Island-Hall County is in the amount of $22,434.00. The monies may be spent over a four year period. The Grand Island Police Department will serve as the fiscal agency on this grant. The Hall County Sheriff’s Department is a disparate agency and will receive twenty five percent of the award totals. The grant will be shared; $5,608.50 to Hall County and $16,825.50 to the City of Grand Island. The Department of Justice requires that recipient agencies identify how the funds will be used. The Police Department will use the funds to support our mobile video and computing systems in our patrol fleet as we have done for several years. Discussion There is a requirement that the applicant agency (Grand Island Police Department) make the grant application available for review by the governing body not less than 30 days before application. The application deadline is June 30, 2016. There is a federal mandate that requires a public hearing regarding the application process and disbursement of the JAG funds. This hearing serves as the federal mandate. The grant requires an MOU between the applicant (Grand Island) and any disparate agencies (Hall County). By definition, Hall County is a disparate agency eligible for funds. Grand Island Council Session - 6/14/2016 Page 102 / 239 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application and suggested disbursement of JAG funds and the MOU. 2.Reject the application and use of JAG funds Recommendation City Administration recommends that the Council approve the application and suggested disbursement as presented and the MOU. Sample Motion Move to approve the application and suggested disbursement of Justice Assistance Grant funding and the MOU between the City of Grand Island and Hall County. Grand Island Council Session - 6/14/2016 Page 103 / 239 Edward Byrne Memorial Justice Assistance Grant Program Application #2016-H3189-NE-DJ CFDA Number: 16.738 THE STATE OF NEBRASKA COUNTY OF HALL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAND ISLAND, NEBRASKA AND COUNTY OF HALL, NEBRASKA 2016 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into this 14th day of June, 2016, by and between The County of Hall, acting by and through its governing body, The Hall County Board of Supervisors, hereinafter referred to as COUNTY, and the CITY of Grand Island, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Hall County, State of Nebraska, witnesseth: WHEREAS, the City and County may apply for a direct award from the Justice Assistance Grant Program in the amount of $22,434.00 and the City shall act as fiscal agent for this award and file the joint application on behalf of the City and County: and WHEREAS, each governing body, in performing governmental functions or in paying the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or function under this agreement: and WHEREAS, the CITY agrees to provide the COUNTY 25% of the award, $5,608.50 from the $22,434.00 JAG award: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Grand Island Council Session - 6/14/2016 Page 104 / 239 Section 1. CITY agrees to pay COUNTY a total of 25% ($5,608.50) of the 2015 JAG funds ($22,434.00) CFDA NUMBER: 16.738 Section 2. COUNTY agrees to use the $5,608.50 of the 2015 JAG funds by 9-30-2020. Section 3. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. CITY OF GRAND ISLAND, NEBRASKA COUNTY OF HALL, NEBRASKA ___________________________________________________________________ Mayor date:Board Chairperson date: ATTEST: ___________________________________________________________________ City Clerk date:County Clerk date: Grand Island Council Session - 6/14/2016 Page 105 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-134 WHEREAS, the Grand Island Police Department has received notification that they are eligible to apply for $22,434.00 in grant funds under the 2016 Byrne Justice Assistance (JAG) Program and the Hall County Sheriff's Department has been named as a disparate agency; and WHEREAS the Grand Island Police Department as the applicant will act as the fiscal agent; and WHEREAS, the Grand Island Police Department will be allocated $16,825.50 of the grant funds; and WHEREAS the Hall County Sheriff’s Department will be allocated $5,608.50 of the grant funds; and WHEREAS, a public hearing was held on June 14, 2016, as required to discuss the proposed use of such funds; and WHEREAS, a memorandum of understanding between the City of Grand Island and Hall County is required as part of the grant application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is hereby granted to enter into a memorandum of understanding (MOU) with Hall County for the application of 2016 Justice Assistance Grant (JAG) funding. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 106 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-12 #2016-135 - Approving the Continuation of the Three (3) Year VOCA Grant #2015-VA-0224 for the Police Department Staff Contact: Steve Lamken - Police Chief Grand Island Council Session - 6/14/2016 Page 107 / 239 Council Agenda Memo From:Police Department Meeting:June 14, 2016 Subject:Continuation of the 2015 VOCA Grant #2015-VA-0224 Presenter(s):Steven Lamken, Police Chief Background The Police Department received a Victims Of Crime Act, VOCA, Federal grant in 2015 which is good for fiscal years 2016, 2017, and 2018. The VOCA grant funds support the Police Department Victim/Witness Unit. The VOCA grant requires a 20% match from the City. The grant application requires a yearly grant continuation which must be submitted by June 20, 2016. The Police Department was awarded a three year VOCA grant requesting $118,093 in 2015/2016, $134,035 in 2016/2017, and $134,714 in 2017/2018. The grant funding requires the City to pay employee costs of $14,408 in 2015/2016, $19,438 in 2016/2017 and $20,117 in 2017/2018. The grant request provided for the hiring of a Victim Advocate for the Unit. This action is to obtain Council approval for the continuation of the awarded grant. Discussion Historically the Police Department Unit has had one position, a Victim/Witness Coordinator who provides victim/witness services. The previous grant applications were based upon the limited funding available for VOCA grants. The Nebraska Crime Commission acknowledged that the workload of the Department Victim/Witness Unit was large and a second position was justified. The Police Department submitted a three year grant application in July 2015 that would add an additional position, a Victim Advocate, to the Victim/Witness Unit. As stated earlier, 20% of the employee salary and benefits must be paid by the City. The remaining match for the grant will be in-kind with office space, equipment, administration and clerical support. Grand Island Council Session - 6/14/2016 Page 108 / 239 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 continuation of the three year Victims Of Crime Act grant #2015-VA0224 awarded to the Police Department by the U.S. Department of Justice. Sample Motion Move to approve the continuation of the 2015-2018 Victims Of Crime Act grant from the U.S. Department of Justice to fund the Victim/Witness Unit. Grand Island Council Session - 6/14/2016 Page 109 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-135 WHEREAS, the U. S. Department of Justice has significantly increased funding for Victims Of Crime Act, VOCA, grants and instituted a three year grant award process; and WHEREAS, the Grand Island Police Department has a Victim/Witness Unit that serves as a valuable resource to victims of crime in our community; and WHEREAS, the Police Department has received VOCA grant funding in past years to support the Victim/Witness Unit; and WHEREAS, the VOCA grant application must be submitted to the Nebraska Crime Commission in July; and WHEREAS, the Police Department must have Council approval to submit a Continuation of the previous approved VOCA grant application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the Continuation of the Police Department 2015 – 2018, three year Victims of Crime Act grant application to the U.S. Department of Justice to fund the Victim/Witness Unit. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 110 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-13 #2016-136 - Approving Acceptance of Grant for Fire Training Simulator Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 6/14/2016 Page 111 / 239 Council Agenda Memo From:Fire Chief Cory Schmidt Meeting:June 14, 2016 Subject:Acceptance of Grant for Fire Training Simulator Presenter(s):Fire Chief Cory Schmidt Background The Grand Island Fire Department (GIFD) and other departments in our mutual aid association struggle to find live fire training opportunities. When Fire Station #1 was built in 2007, GIFD looked into relocating the training tower from its previous fire station location at 302 South Pine to the new station location. The move was determined to be cost prohibitive by administration and the tower was demolished. Since that time, GIFD has been without a training tower. Discussion GIFD applied for a regional grant through the Assistance to Firefighters Grant (AFG) program to help purchase a fire training simulator. The 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 was notified on May 20, 2016 that their regional grant request was approved. GIFD will be awarded up to $533,364 towards the purchase of a fire training simulator. The City of Grand Island is required to provide a 10 percent match of the grant funds ($53,336 maximum). The fire training simulator will be utilized by several agencies in our mutual aid association as well as the State Fire Marshal Training Division. The conditions of usage were outlined in a MOU approved by Council at an earlier meeting on April 26, 2016. Specific cost of the fire training simulator will be brought to Council for purchase approval in the future. There will be additional costs for ground preparation such as leveling, fencing, concrete, etc. that will be outside the scope of the grant and will be the City’s responsibility. It is anticipated to place the fire training simulator south of Fire Station #1 at 409 E. Fonner Park Road. GIFD struggles to provide adequate training to its department members. In the past, live fire training has taken place in acquired structures donated by their owners. By accepting this grant, GIFD and its mutual aid partners will have access to better, safer, and more consistent training. Grand Island Council Session - 6/14/2016 Page 112 / 239 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 acceptance of the grant from the AFG program for the future purchase of a fire training simulator. Sample Motion Move to approve the acceptance of the grant from the AFG program for the purchase of a fire training simulator. Grand Island Council Session - 6/14/2016 Page 113 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-136 WHEREAS, the Grand Island Fire Department and other area departments struggle to find adequate live fire training opportunities; and WHEREAS, the Assistance to Firefighter Grant (AFG) program offers federal assistance to promote the safety of first responders; and WHEREAS, GIFD applied for and was awarded a grant up to $533,364 towards the purchase of a fire training simulator. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the acceptance of the grant from the AFG program for the purchase of a fire training simulator. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 114 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-14 #2016-137 - Approving Interlocal Agreement with the Grand Island Public Schools for Improvements to Adams Street Staff Contact: Jerry Janulewicz Grand Island Council Session - 6/14/2016 Page 115 / 239 Council Agenda Memo From: Jerry Janulewicz, City Attorney Meeting:June 14, 2016 Subject:Interlocal Agreement for Improvement to Adams Street Presenter(s): Jerry Janulewicz, City Attorney Background Hall County School District 2 a/k/a Grand Island Public Schools (“GIPS”) is constructing a new Starr Elementary School and additions to Barr Middle School. Upon completion of the construction projects, it is anticipated that increased pedestrian and motor vehicle traffic will be present on and near Adams Street at that street’s location between Barr Middle School and the new Starr Elementary School. GIPS has offered to equally share with the City of Grand Island the cost of improvements to Adams Street in the area of the newly constructed Starr Elementary School and Barr Middle School so as to improve and promote traffic and pedestrian safety. Discussion Under the terms of the proposed agreement the City and GIPS would equally share the Adams Street project costs. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the resolution thereby approving the Interlocal Agreement. 2.Disapprove or /Deny the resolution. 3.Table the issue. Recommendation City Administration recommends that the Council approve the resolution approving the Interlocal Agreement with GIPS for sharing costs of the Adams Street Project. Grand Island Council Session - 6/14/2016 Page 116 / 239 Sample Motion Move to approve the Resolution approving the Interlocal Agreement with Hall County School District 2 for sharing costs of the Adams Street Project. Grand Island Council Session - 6/14/2016 Page 117 / 239 Page 1 of 6 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF GRAND ISLAND, NEBRASKA AND HALL COUNTY SCHOOL DISTRICT 2, A/K/A GRAND ISLAND PUBLIC SCHOOLS FOR IMPROVEMENTS TO ADAMS STREET WHEREAS, under the provisions of the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801 et seq., local political subdivisions may contract with one another for the performance of any governmental service, activity or undertaking that at least one of the contracting public agencies is authorized by law to perform; and WHEREAS, the City of Grand Island, Nebraska (the “City”) and Hall County School District 2 a/k/a Grand Island Public Schools (“GIPS”) desire to enter into such a contractual agreement for the City and GIPS to share equally in the cost of improvements to Adams Street at that street’s location between Barr Middle School and the new Starr Elementary School in Grand Island, Nebraska. NOW THERFORE, the City and GIPS (the “parties”) agree as follows: 1. General Purpose. Subject to the preparation of design documents, and the parties’ approval of the same, setting forth in detail the requirements for improvements to Adams Street (the “Project”), the parties anticipate that the Project shall consist of changes to Adams Street to accommodate the presence of increased traffic and pedestrians that will likely result with the completion of the new Starr Elementary School and additions to Barr Middle School. 2. Term. This Agreement shall commence upon execution by the last signing party. The parties anticipate that the Project will be completed by September 1, 2017, unless the work is delayed by conditions or circumstances that were not contemplated upon approval of this Agreement by the governing bodies of the City and GIPS. 3. Cost of the Work. For purposes of this Agreement the Cost of the Work shall be the total cost to the City to design and construct all elements of the Project. 4. Financing. The City will invoice GIPS on a monthly basis for one-half (1/2) of the cost incurred by the City for that particular month for the design and/or construction of the Project. GIPS will pay the invoice, in full, within forty-five (45) days of receipt, such that at the completion of the Project GIPS will have reimbursed the City for one-half (1/2) the Cost of the Work. However, GIPS reserves the right to not pay for Grand Island Council Session - 6/14/2016 Page 118 / 239 Page 2 of 6 one-half (1/2) the Cost of the Work resulting from change orders, and if the City receives requests for change orders the City shall promptly notify GIPS to allow it an opportunity to evaluate the requested change order and provide input about the choice of options. 5. Responsibilities of the City. The City shall be responsible for the design, means, methods, techniques, sequences or procedures for completing the Project, regardless of whether the City completes this work in-house or contracts with third- parties. Said responsibilities include, but are not limited to: all usual and customary design phase services, including estimates of the Cost of the Work; all usual and customary geotechnical testing; the preparation of construction documents and specifications; evaluations of the progress and quality of the work; determining if the Project, when completed, is in accordance with the contract documents; making and executing contracts with contractors, and making payments to the contractors in accordance with the Nebraska Construction Prompt Pay Act, Neb. Rev. Stat. § 45- 1201 et seq. The City shall keep GIPS reasonably informed of known deviations, defects or deficiencies in the work, or changes in the work that require changes in the Cost of the Work or extensions of the construction timeline. All responsibilities of the City shall be completed in a workmanlike and timely manner. 6. City to Provide Documents. The City shall provide in a timely manner to GIPS, either in tangible or electronic format, the following: a. Construction documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the Project; b. All Requests for Proposals and bids from contractors; c. Any updates on the estimated Cost of the Work including change orders; d. Any reports concerning evaluations of the Project including any known deviations from the construction documents, or the construction schedule, or defects and deficiencies observed in the Project; e. All invoices from contractors; f. All certificates of payment to contractors; g. All reports concerning the date or dates of substantial completion of the Project, and the date of final completion; and Grand Island Council Session - 6/14/2016 Page 119 / 239 Page 3 of 6 h. All notices or documents regarding claims or causes of action, whether in contract, tort or otherwise, arising out of or related to the Project. 7. Responsibility of GIPS. GIPS shall be responsible for constructing its driveways from Barr Middle School and the new Starr Elementary School to Adams Street; constructing sidewalks on its property to access any proposed crosswalks on Adams Street; and to provide to the City any additional rights-of-way as may be needed by the City to complete the Project. All responsibilities of GIPS shall be completed in a workmanlike and timely manner. 8. Ownership of the Project. At all times relevant under this Agreement, the City shall maintain ownership and control of Adams Street and any improvements thereto. 9. Indemnification. The City shall indemnify, defend and hold harmless GIPS, and its Board of Education, officers, agents and employees from any claim, lawsuit or cause of action arising out of the City’s performance of its responsibilities under this Agreement. GIPS shall indemnify, defend and hold harmless the City, its Mayor and City Council and its officers, agents and employees from any claim, lawsuit or cause of action arising out of GIPS’ performance of its responsibilities under this Agreement. 10. Amendment. This Agreement may be modified only by written amendment, duly executed by authorized representatives of the parties. No alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Every amendment shall specify the date on which its provisions shall be effective. 11. Assignment. Neither party may assign its rights under this Agreement without the express prior written consent of the other party. 12. Captions. Captions used in this Agreement are for convenience and not to be used in the construction of this Agreement. 13. Waiver. Failure or delay by any party to exercise any right or power under this Agreement will not operate as a waiver of such right or power. For a waiver of a right or power to be effective, it must be in writing signed by the waiving party. An effective waiver of a right or power shall not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or Grand Island Council Session - 6/14/2016 Page 120 / 239 Page 4 of 6 power. In addition, any act by either party which it is not obligated to do hereunder shall not be deemed to impose any obligation upon the party to do any similar act in the future or in any way change or alter any of the provisions of this Agreement. 14. Notice. In further consideration of the mutual covenants contained herein, the parties hereto expressly agree that for the purposes of notice, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following designated officers shall be the authorized representatives of the parties: a. For City: City of Grand Island, Attn: Mayor, P.O. Box 1968, Grand Island, NE 68802. b. For GIPS: Grand Island Public Schools, Attn: Executive Director of Business, P.O. Box 4904, Grand Island, NE 68802. Notice shall be in writing and shall be effective upon receipt. Delivery may be by hand, in which case a signed and dated receipt shall be obtained, or by United States mail, registered or certified, return receipt requested. 15. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and the remainder of this Agreement will remain in full force and effect. 16. Nondiscrimination. The parties agree that in accordance with the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1101 et seq., they will not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment because of the race, color, religion, sex, disability or national origin of the employee or applicant. None of the parties shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances. 17. No Third Party Rights. There are no third-party beneficiaries to this Agreement, and no third-party shall have any direct or indirect cause of action or claim in connection with this Agreement. 18. Independent Contractors. This Agreement shall not be construed as creating or establishing a partnership, a relationship of employment, agency, joint venture, joint public agency or any other form of legal association. The individual responsibilities Grand Island Council Session - 6/14/2016 Page 121 / 239 Page 5 of 6 of each party under this Agreement shall be undertaken as independent contractors and not as employees of another party. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. 19. Acquisition, Ownership and Disposal of Personal Property. All personal property acquired and used in furtherance of the Project shall be owned by the party which pays for said personal property or fixture. In the event the Project is terminated or is not superseded by another Interlocal Cooperation Agreement, the parties shall take possession of their respective personal property. 20. Separate Entity. No separate legal or administrative entity is created by this Agreement. This Agreement shall be administered by the Director of Public Works for the City and the Executive Director of Business for GIPS. 21. Termination. Either party may terminate this Agreement upon written notice of such termination to the other party in the event that the other party is in material breach of any provision of this Agreement and the breaching party has not cured the breach within thirty (30) days of receipt of notice from the non-breaching party. 22. Choice of Laws. This Agreement shall be construed in accordance with the laws of the State of Nebraska. 23. Entire Agreement. This Agreement constitutes the entire agreement between the City and GIPS relating to the Project that is the subject of this Agreement. This Agreement may be amended only in writing, duly approved, adopted and executed by the respective governing bodies of each party. 24. Execution. This Agreement of the parties hereto is expressed by the approval in open meetings by the City Council of the City of Grand Island, Nebraska, and the Board of Education of Hall County School District 2, and the following execution by the respective authorized representatives. [Signatures on Page Six] Grand Island Council Session - 6/14/2016 Page 122 / 239 Page 6 of 6 City of Grand Island, Nebraska Hall County School District 2, a/k/a Grand Island Public Schools By: Mayor Jeremy Jensen By: Bonnie Hinkle President, Board of Education Dated: Dated: Grand Island Council Session - 6/14/2016 Page 123 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-137 WHEREAS, the City of Grand Island, Nebraska (the “City”) and Hall County School District 2 a/k/a Grand Island Public Schools (“GIPS”) desire to enter into an Interlocal agreement for the City and GIPS to share equally in the cost of improvements to Adams Street at that street’s location between Barr Middle School and the new Starr Elementary School in Grand Island, Nebraska, the improvements hereafter referred to as the “Project”; and WHEREAS, the parties anticipate that the Project shall consist of changes to Adams Street to accommodate the presence of increased traffic and pedestrians that will likely result with the completion of the new Starr Elementary School and additions to Barr Middle School. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND that the Interlocal agreement by and between the City and GIPS to share equally the Project cost should be, and hereby is, approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 124 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-15 #2016-138 - Approving Agreement for Public Transit Services Staff Contact: Jerry Janulewicz Grand Island Council Session - 6/14/2016 Page 125 / 239 Council Agenda Memo From: Jerry Janulewicz, City Attorney Meeting:June 14, 2016 Subject:Public Transit Service Agreement Resolution Presenter(s): Jerry Janulewicz, City Attorney Background As a result of the City’s status as a metropolitan statistical area, City became eligible for receipt of funds for public transit services from the United States Department of Transportation, Federal Transit Administration. Commencing July 1, 2016, public transportation trips originating or terminating within the urbanized area of the City of Grand Island must be funded utilizing urban transportation funds from the Federal Transit Administration. Prior to July 1, 2016, public transit services within the City and within Hall County were provided through Rural Public Transit funds awarded to the State of Nebraska and the County of Hall, as subgrantee of the state. Pursuant to an Interlocal Agreement entered into by and between the City and Hall County, City issued a Request for Proposals for Public Transit Services for public transit within the City and County to be provided through a unified system operated by a service provider. Senior Citizens Industries, Inc., of Grand Island, was determined by the selection committee to be the responsible offeror whose proposal was determined, in writing, by the proposal review committee to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for proposals Discussion Under the terms of the proposed agreement the City would pay to Senior Citizens Industries, Inc., as compensation for the provision of public transit services, $638,430 for the period July 1, 2016 through June 30, 2017. City will have the option of renewing the Agreement for a maximum of two years beyond June 30, 2017, in increments of two months. Compensation for this extended service would be at the following monthly rate: July 1, 2017 through June 30, 2018 - $54,798.64 per month; July 1, 2018 through June 30, 2019 - $56,442.60 per month. Services would be provided both in the City and County of Hall via a unified system operated by Senior Citizens Industries, Inc. Grand Island Council Session - 6/14/2016 Page 126 / 239 Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the resolution thereby approving the agreement. 2.Disapprove or /Deny the resolution. 3.Table the issue. Recommendation City Administration recommends that the Council approve the resolution approving the Agreement for Public Transit Services with Senior Citizens Industries, Inc. Sample Motion Move to approve the Resolution approving the Agreement for Public Transit Services with Senior Citizens Industries, Inc. Grand Island Council Session - 6/14/2016 Page 127 / 239 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR TRANSPORTATION PROVIDER SERVICES FOR PUBLIC TRANSIT RFP DUE DATE:May 12, 2016 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:April 8, 2016 NO. POTENTIAL BIDDERS:6 SUMMARY OF PROPOSALS RECEIVED Senior Citizens Industries Holiday Express Grand Island, NE Grand Island, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent John Adams, MPO Program Mgr. P1878 Grand Island Council Session - 6/14/2016 Page 128 / 239 Grand Island Council Session - 6/14/2016 Page 129 / 239 Grand Island Council Session - 6/14/2016 Page 130 / 239 Grand Island Council Session - 6/14/2016 Page 131 / 239 Grand Island Council Session - 6/14/2016 Page 132 / 239 Grand Island Council Session - 6/14/2016 Page 133 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-138 WHEREAS, the City of Grand Island, Nebraska (the “City”) and the County of Hall, Nebraska (the “County”) entered into an Interlocal Agreement for Public Transit Services (the “Agreement”) to be provided within the boundaries of County and City; and WHEREAS, pursuant to the Agreement, City agreed to solicit proposals for the provision of public transit services as set forth and described in the Agreement; and WHEREAS, Senior Citizens Industries, Inc., of Grand Island, was the responsible offeror whose proposal was determined, in writing, by the proposal review committee to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for proposals, at a monthly rate of $53,202.50 for the period July 1, 2016 through June 30, 2017. City will have the option of renewing the Agreement for a maximum of two years beyond June 30, 2017, in increments of two months. Compensation for this extended service would be at the following monthly rate: July 1, 2017 through June 30, 2018 - $54,798.64 per month; July 1, 2018 through June 30, 2019 - $56,442.60. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND that the agreement by and between the City and Senior Citizens Industries, Inc. for the provision of Public Transit Services should be, and hereby is, approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 134 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-16 #2016-139 - Approving Acquisition of Public Right-of-Way at the Intersection of Faidley Avenue & Diers Avenue in Crane Valley, Crane Valley 5th & Richmond Subdivisions (Staab Real Estate, O'Connor Properties, Equitable Building & Loan Assoc., & West Faidley Medical Center) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/14/2016 Page 135 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-139 WHEREAS, Public right-of-way is required by the City of Grand Island for the installation of a traffic signal at the intersection of Faidley Avenue and Diers Avenue, to construct and maintain such project; and WHEREAS, a public hearing was held on June 14, 2016, for the purpose of discussing the proposed acquisition of the public right-of-way, as follows: Property Owner Legal Description Amount Staab Real Estate, LLC A PART OF LOT 1, CRANE VALLEY, A SUBDIVISION LOCATED IN THE W ½ OF THE NE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, CRANE VALLEY, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N45o45’45”W (ASSUMED BEARING), ALONG THE WEST LINE OF SAID LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 31.80 FEET; THENCE DEFLECTING 45o00’37” TO THE RIGHT, ALONG SAID WEST LINE OF LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE A DISTANCE OF 88.05 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 4.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 45.91 FEET; THENCE DEFLECTING 17o45’11” TO THE LEFT, A DISTANCE OF 47.04 FEET; THENCE DEFLECTING 38o00’56” TO THE LEFT A DISTANCE OF 30.61 FEET; THENCE DEFLECTING 34o13’53” TO THE LEFT, A DISTANCE OF 11.21 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT TO A POINT ON THE SOUTH LINE OF SAID LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID NORTH RIGHT-OF- WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 2.60 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT ALONG SAID SOUTH LINE OF LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 32.37 FEET TO THE POINT OF BEGINNING. THE DESCRIBED AREA CONTAINS AN AREA OF 1107 S.F. OR 0.03 ACRES, MORE OR LESS. $9,970.00 O’Connor Properties, LLC A PART OF LOT 2, CRANE VALLEY FIFTH ADDITION, A SUBDIVISION LOCATED IN THE W ½ OF THE NE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2, CRANE VALLEY FIFTH ADDITION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE S89o14’52”W (ASSUMED BEARING), ALONG THE SOUTH LINE OF SAID LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 74.78 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT, A DISTANCE OF 3.00 FEET; $7,880.00 Grand Island Council Session - 6/14/2016 Page 136 / 239 - 2 - THENCE DEFLECTING 90o00’00” TO THE RIGHT, A DISTANCE OF 43.00 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT, A DISTANCE OF 7.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 23.00 FEET; THENCE DEFLECTING 39o41’40” TO THE LEFT, A DISTANCE OF 35.44 FEET; THENCE DEFLECTING 50o18’20” TO THE LEFT A DISTANCE OF 13.57 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 4.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE DEFLECTING 90o00’00” TO THE RIGHT, ALONG SAID EAST LINE OF LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 23.72 FEET; THENCE DEFLECTING 45o00’37” TO THE RIGHT, ALONG SAID EAST LINE OF LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 31.80 FEET, TO THE POINT OF BEGINNING. THE DESCRIBED AREA CONTAINS AN AREA OF 872 S.F. OR 0.02 ACRES, MORE OR LESS. The Equitable Building and Loan Association of Grand Island, Nebraska, FSB, a Federal Savings Bank A PART OF LOT 1, RICHMOND SUBDIVISION, A SUBDIVISION LOCATED IN THE W ½ OF THE SE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, RICHMOND SUBDIVISION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N89o15’01”E (ASSUMED BEARING), ALONG THE NORTH LINE OF SAID LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DSITANCE OF 33.74 FEET; THENCE DEFLECTING 152o45’16” TO THE RIGHT, A DISTANCE OF 43.33 FEET; THENCE DEFLECTING 34o32’10” TO THE LEFT A DISTANCE OF 30.95 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1 AND EAST RIGHT- OF-WAY LINE OF DIERS AVENUE; THENCE DEFLECTING 151o00’58” TO THE RIGHT ALONG SAID WEST LINE OF LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 27.06 FEET; THENCE DEFLECTING 45o22’58” TO THE RIGHT ALONG SAID WEST LINE OF LOT 1, RICHMOND SUBDIVISION SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE A DISTANCE OF 28.16 FEET TO THE POINT OF BEGINNING. THE DESCRIBED AREA CONTAINS AN AREA OF 686 S.F. OR 0.02 ACRES, MORE OR LESS. $5,840.00 West Faidley Medical Center, LLC A PART OF LOT 13, RICHMOND SUBDIVISION, A SUBDIVISION LOCATED IN THE W ½ OF THE SE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13, RICHMOND SUBDIVISION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE S46o07’57”E (ASSUMED BEARING), ALONG THE EAST LINE OF SAID LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 28.46 FEET; THENCE DEFLECTING 44o37’02” TO THE RIGHT, ALONG SAID EAST LINE OF LOT 13, RICHMOND $4,740.00 Grand Island Council Session - 6/14/2016 Page 137 / 239 - 3 - SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE A DISTANCE OF 32.62 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 3.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 16.84 FEET; THENCE DEFLECTING 47o51’35” TO THE LEFT TO A POINT ON THE NORTH LINE OF SAID LOT 13, RICHMOND SUBDIVISION SAID LINE ALSO BEING SAID SOUTH RIGHT-OF- WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 54.17 FEET; THENCE DEFLECTING 138o37’22” TO THE RIGHT ALONG SAID NORTH LINE OF LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 23.18 FEET TO THE POINT OF BEGINNING. THE DESCRIBED AREA CONTAINS AN AREA OF 677 S.F. OR 0.02 ACRES, MORE OR LESS. TOTAL PUBLIC RIGHT-OF-WAY COMPENSATION $28,430.00 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 such public right-of-way from the referenced property owners, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 138 / 239 Grand Island Council Session - 6/14/2016 Page 139 / 239 Grand Island Council Session - 6/14/2016 Page 140 / 239 Grand Island Council Session - 6/14/2016 Page 141 / 239 Grand Island Council Session - 6/14/2016 Page 142 / 239 Grand Island Council Session - 6/14/2016 Page 143 / 239 Grand Island Council Session - 6/14/2016 Page 144 / 239 Grand Island Council Session - 6/14/2016 Page 145 / 239 Grand Island Council Session - 6/14/2016 Page 146 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-17 #2016-140 - Approving Amendment No. 1 to the Agreement for Engineering Consulting Services Related to Community Development Block Grant Handicap Ramps 4th to 5th Streets; Sycamore Street to Eddy Street; Project No. 2014-2G Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/14/2016 Page 147 / 239 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:June 14, 2016 Subject:Approving Amendment No. 1 to Agreement for Engineering Consulting Services Related to Community Development Block Grant Handicap Ramps 4th to 5th Streets; Sycamore Street to Eddy Street; Project No. 2014-2G Presenter(s):John Collins PE, Public Works Director Background The City is required to have a planned schedule for upgrading public sidewalk ramps to conform to American with Disabilities Act (ADA) standards. The current schedule and budget will bring the City into compliance in approximately 23 years. The area of 4th & 5th Street, from Sycamore Street to Eddy Street qualifies for the Community Development Block Grant (CDBG) and it is recommended that such funds be used to install handicap ramps in this location. The City will be required to match 50% of the project cost, which is estimated to be $810,000 at this time. The City has completed projects in this area, which can be used towards the match amount required, leaving approximately $150,000.00 to be paid out by the City. On June 10, 2014, by Resolution No. 2014-151 the City entered into an agreement with Schemmer Associates of Lincoln, Nebraska for engineering design services related to Community Development Block, Grant Handicap Ramps 4th to 5th Streets; Sycamore Street to Eddy Street; Project No. 2014-2G in the amount of $94,352.00. All agreements must be approved by the City Council. Discussion The original agreement with Schemmer Associates is now being supplemented to allow for additional design work, rebidding services and construction engineering services. The increase in cost for Amendment No. 1 is $34,045.00, for a revised agreement of $128,397.00. Grand Island Council Session - 6/14/2016 Page 148 / 239 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign Amendment No. 1 to the Agreement with Schemmer Associates of Lincoln, Nebraska in the amount of $34,045.00 for Engineering Consulting Services related to Community Development Block Grant Handicap Ramps 4th to 5th Streets; Sycamore Street to Eddy Street; Project No. 2014-2G. Sample Motion Move to approve the resolution. Grand Island Council Session - 6/14/2016 Page 149 / 239 Grand Island Council Session - 6/14/2016 Page 150 / 239 Grand Island Council Session - 6/14/2016 Page 151 / 239 Grand Island Council Session - 6/14/2016 Page 152 / 239 Grand Island Council Session - 6/14/2016 Page 153 / 239 Grand Island Council Session - 6/14/2016 Page 154 / 239 Grand Island Council Session - 6/14/2016 Page 155 / 239 Grand Island Council Session - 6/14/2016 Page 156 / 239 Grand Island Council Session - 6/14/2016 Page 157 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-140 WHEREAS, on June 10, 2014, by Resolution No. 2014-151 the Grand Island City Council approved entering into an agreement with Schemmer Associates of Lincoln, Nebraska in the amount of $94,352.00 for engineering consulting services related to Community Development Block Grant Handicap Ramps 4th to 5th Streets; Sycamore Street to Eddy Street; Project No. 2014-2G; and WHEREAS, the original agreement is now being amended to allow for additional design work, rebidding services and construction engineering services; and WHEREAS, such amendment is in the amount of $34,045.00, for a revised agreement amount of $128,397.00; and WHEREAS, Amendment No. 1 to the original agreement with Schemmer Associates of Lincoln, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Schemmer Associates of Lincoln, Nebraska for engineering consulting services related to Community Development Block Grant Handicap Ramps 4th to 5th Streets; Sycamore Street to Eddy Street; Project No. 2014-2G is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 158 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-18 #2016-141 - Approving Bid Award for the Pavement Lifting & Stabilization with Polyurethane Foam – South Locust St from Lake St. to Diversion Bridge Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/14/2016 Page 159 / 239 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:June 14, 2016 Subject:Approving Bid Award for the Pavement Lifting & Stabilization with Polyurethane Foam – South Locust St from Lake St. to Diversion Bridge Presenter(s):John Collins PW, Public Works Director Background This project consists of lifting/leveling the concrete pavement and filling voids underneath with polyurethane foam. This will reduce the unevenness of the pavement both laterally and longitudinally creating a smoother ride and better drainage; existing condition pictures shown in Attachment 2. The existing concrete is in good enough condition that the treatment can be used on the entire stretch of roadway. We usually remove and replace only the damaged panels, which does little to correct the ride or the drainage. A full panel replacement project is estimated to cost over $600,000. Other benefits of pavement lifting with polyurethane foam include: Extending pavement life by reducing fractures caused by panel movement. Low traffic disruption since the work can be performed with lane closures. Short duration work compared to concrete removal and replacement. The entire pavement lifting project should take about the same amount of time as it takes for concrete to cure. The short work schedule reduces the need for traffic control and the use of existing pavement eliminates the need to re-stripe, further reducing costs. Special provisions for this project state the work is to be completed by August 19, 2016. This completion date will avoid any work being performed during the Nebraska State Fair. Discussion On May 17, 2016 the Streets Division of the Public Works Department advertised for bids for the Pavement Lifting & Stabilization with Polyurethane Foam – South Locust St Grand Island Council Session - 6/14/2016 Page 160 / 239 from Lake St. to Diversion Bridge. The bid package was sent to nine (9) potential bidders for this project. One (1) bid was received and opened on June 1, 2016. The bid submitted is in compliance with the contract, plans, and specifications. Bidder Thrasher Inc., LaVista, Nebraska Exceptions None Bid Section A – Northbound Lanes $166,500 Bid Section A – Southbound Lanes $84,000 Grand Total (Bid Section A + B)$250,500 There are sufficient funds in Account No. 10033506-85547, 10033506-85351 & 10033506-85354 to fund this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding a contract to Thrasher of LaVista, Nebraska in the amount of $250,500.00 for Pavement Lifting & Stabilization with Polyurethane Foam – South Locust from Lake St. to Diversion Bridge. Sample Motion Move to approve the bid award. Grand Island Council Session - 6/14/2016 Page 161 / 239 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:June 1, 2016 at 2:00 p.m. FOR:Pavement Lifting & Stabilization with Polyurethane Foam DEPARTMENT:Public Works ESTIMATE:$315,000.00 FUND/ACCOUNT:10033503-85547 (Street Repair Materials) 10033506-85351 (Contract Concrete Repair) 10033506-85354 (Street Resurfacing) PUBLICATION DATE:May 17, 2016 NO. POTENTIAL BIDDERS:9 SUMMARY Bidder:Thrasher LaVista, NE Bid Security:North American Specialty Ins. Co. Exceptions:None Bid Price: Section A:$166,500.00 Section B:$ 84,000.00 Total:$250,500.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Supt. P1883 Grand Island Council Session - 6/14/2016 Page 162 / 239 PolyLEVEL Advantages Lightweight – PolyLEVEL weighs approximately 4-6 pounds per cubic foot when installed, which is significantly less than the 120 pounds per cubic foot of typical fill material. This means there is almost no additional load added to the supporting soils. High Capacity – Lifting action is a result of the expansion of the polymer, allowing for lift on much higher loads than typical mudjacking that relies on hydraulic pressure being contained under a slab. Accurate Lift – Calculated reaction time of the PolyLEVEL foam allows for a targeted, precise lifting operation. Waterproof – PolyLEVEL is fully waterproof so it cannot washout. In addition, because it cannot take on water, it is not impacted by freeze/thaw cycles. Additionally, PolyLEVEL can be used to under-seal slabs and stop a variety of infrastructure leaks. Non-Invasive – The equipment used to install PolyLEVEL can be used in extremely limited access areas, is far less messy than other methods, and can be installed more quickly. Cure Time – Quick cure time allows for immediate loading, even heavy traffic, within 15 minutes after injection. Compressive Strength – The in-place compressive strength of commercial grade PolyLEVEL material is minimally 11,000 pounds per square foot, and often exceeds 15,000 pounds per square foot. Consolidates Soil – As PolyLEVEL foam exerts the energy to lift a slab, it is placing an equal amount of pressure on the soil beneath the slab. This process not only fills the void and raises the slab, but also densifies the soil below. PolyLEVEL System The Foundation Supportworks PolyLEVEL system utilizes high-density polymers to stabilize and level concrete. With multiple formulations available, PolyLEVEL is able to fit the needs of any job, large or small. PolyLEVEL is a two-part urethane polymer that expands into rigid, structural foam to fill voids, stabilize and lift concrete, and offer solutions to a wide range of geotechnical and structural applications. Polyurethane has been used beneath slabs for decades, and it has proven to be a superior solution compared to traditional methods of grout injection and concrete replacement. Grand Island Council Session - 6/14/2016 Page 163 / 239 PolyLEVEL Applications | Roads & Bridge Approaches Settlement of highways and roadways is a problem that Departments of Transportation across the country are tasked with correcting on a regular basis. As expansion joint materials break down over time and allow water to penetrate below the slab, and the subgrade below the concrete compresses as a result of heavy traffic flow, sags often form in the roadway. These sags create difficult and unsafe driving conditions to the general public. Bridge authorities face similar issues when dealing with the settlement and misalignment of bridge approach slabs. Often, these approach slabs are supported with backfill material which is both loose and poorly compacted. The stress and constant vibration the slab encounters during daily traffic compresses this fill material, thus creating voids below the concrete. As a result, many bridge approaches settle to the point where they are no longer within tolerance of what is considered a safe and acceptable gradient. The PolyLEVEL system offers a long-lasting solution to repair sinking highways, roadways, and bridge approaches, while also providing many benefits that alternate options fail to achieve. While traditional methods of repair such as diamond grinding or removal and replacement of the concrete have been used in the past, these solutions are often temporary, cost prohibitive, time consuming, and fail to address the underlying cause of the problem - the soil beneath the slab. With the PolyLEVEL system, city and state agencies are able to correct the problem quickly, effectively, and with little inconvenience to the public. With its quick cure time, high compressive strength, and efficient installation, PolyLEVEL is often installed without having to completely shut down the roadway or bridge, allowing traffic to continue to flow without any major disruptions. Grand Island Council Session - 6/14/2016 Page 164 / 239 South Locust St approximately 900 feet south of Lake St (south Walmart entrance) •Northbound looking North at Lake St •Northbound looking East •Joints between outside thru lane and right turn lane Grand Island Council Session - 6/14/2016 Page 165 / 239 •Northbound looking East •Longitudinal joint between outside thru lane and right turn lane •2in •Northbound looking South •Transverse joint of outside thru lane •1in •Northbound looking West •Longitudinal joint between inside thru lane and center turn lane •1.5 in South Locust St approximately 900 feet south of Lake St (south Walmart entrance) Grand Island Council Session - 6/14/2016 Page 166 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-141 WHEREAS, the City of Grand Island invited sealed bids for Pavement Lifting & Stabilization with Polyurethane Foam – South Locust St from Lake St. to Diversion Bridge, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on June 1, 2016 bids were received, opened, and reviewed; and WHEREAS, Thrasher, Inc. of LaVista, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $250,500.00; and WHEREAS, Thrasher, Inc.’s bid was below the estimate for the project; and WHEREAS, funds are available in the Fiscal Year 2015/2016 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Thrasher, Inc. of LaVista, Nebraska in the amount of $250,500.00 for Pavement Lifting & Stabilization with Polyurethane Foam – South Locust St from Lake St. to Diversion Bridge is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 167 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-19 #2016-142 - Approving Correction to Resolution No. 2016-65 Regarding Purchase of a New Motor Grader from Murphy Tractor for the Streets Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/14/2016 Page 168 / 239 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:June 14, 2016 Subject:Approving Correction to Resolution No. 2016-65 Regarding Purchase of a New Motor Grader from Murphy Tractor for the Streets Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background On March 22, 2016 the Grand Island City Council approved Resolution No. 2016-65, which allowed for the lease purchase of a new motor grader from Murphy Tractor of Grand Island, Nebraska for the Streets Division of the Public Works Department. The amount of $213,600.00 was financed by John Deere Finance for five (5) annual payments of $45,732.02, for a total repayment amount of $228,611.20. Discussion Resolution No. 2016-65 incorrectly stated the first payment of $45,732.02 would be due on November 10, 2017. Such payment was actually scheduled to be due on November 10, 2016. Due to delayed delivery of the piece of equipment the financing has been adjusted, putting the five (5) annual installments at $45,722.02, with the first payment now due on November 25, 2016. The Streets Division of the Public Works Department is requesting a resolution to approve the corrected annual payment amount, as well as the first payment date. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date Grand Island Council Session - 6/14/2016 Page 169 / 239 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the amendment to Resolution No. 2016-65, which corrects the annual payment amount to $45,722.02, as well as the first payment date to November 25, 2016. Sample Motion Move to approve the ordinance. Grand Island Council Session - 6/14/2016 Page 170 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-142 WHEREAS, the City of Grand Island City Council approved Resolution No. 2016-65, which allowed for the lease purchase of a new motor grader from Murphy Tractor of Grand Island, Nebraska for the Streets Division of the Public Works Department; and WHEREAS, such lease purchase provided for the amount of $213,600.00 to be financed by John Deere Finance for five (5) annual payments of $45,732.02, for a total repayment amount of $228,611.20; and WHEREAS, Resolution No. 2016-65 incorrectly stated the first payment of $45,732.02 being due November 10, 2017; and WHEREAS, due to delayed delivery of the piece of equipment the five (5) annual installments have been adjusted to $45,722.02, as well as the due date of the first payment to November 25, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment of Resolution No. 2016-65 is hereby approved to correct the five (5) annual installments to $45,722.02, with the first installment to be paid on November 25, 2016. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 171 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-20 #2016-143 - Approving Temporary Construction Easements at the Intersection of Faidley Avenue & Diers Avenue in Crane Valley, Crane Valley 5th & Richmond Subdivisions (Staab Real Estate, O'Connor Properties, Equitable Building & Loan Assoc., & West Faidley Medical Center) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 6/14/2016 Page 172 / 239 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:June 14, 2016 Subject:Approving Temporary Construction Easements at the Intersection of Faidley Avenue & Diers Avenue in Crane Valley, Crane Valley 5th & Richmond Subdivisions (Staab Real Estate, O'Connor Properties, Equitable Building & Loan Assoc., & West Faidley Medical Center) Presenter(s):John Collins PE, Public Works Director Background It is anticipated that a traffic signal will be necessary at the intersection of Faidley Avenue & Diers Avenue upon the extension of Faidley Avenue, west to North Road. This project will address traffic patterns and warrant of a signal at such intersection. Temporary Construction easements are needed to accommodate the construction activities for installation of a traffic signal at the intersection of Faidley Avenue and Diers Avenue, which must be approved by City Council. The temporary construction easements will allow for the intersection improvements to this area. Sketches are attached to show the temporary construction easement areas. Discussion A temporary construction easement is needed from four (4) property owners for installation of a traffic signal at the intersection of Faidley Avenue and Diers Avenue. Engineering staff of the Public Works Department negotiated with the property owners for use of such temporary construction easements. Property Owner Legal Description Amount Staab Real Estate, LLC A PART OF LOT 1, CRANE VALLEY, A SUBDIVISION LOCATED IN THE W ½ OF THE NE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: $3,180.00 Grand Island Council Session - 6/14/2016 Page 173 / 239 COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, CRANE VALLEY, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF FAIDLEY AVENUE AND THE EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N45o45’45”W (ASSUMED BEARING) ALONG THE WEST LINE OF SAID LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 31.80 FEET; THENCE DEFLECTING 45o00’37” TO THE RIGHT ALONG SAID WEST LINE OF LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 88.05 FEET TO THE POINT OF BEGINNING; THENCE DEFLECTING 00o00’00” ALONG SAID WEST LINE OF LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF- WAY LINE OF DIERS AVENUE, A DISTANCE OF 8.79 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 6.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 28.83 FEET; THENCE DEFLECTING 24o32’18” TO THE LEFT A DISTANCE OF 67.48 FEET; THENCE DEFLECTING 24o32’18” TO THE RIGHT A DISTANCE OF 19.51 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 30.83 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 9.59 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, SAID LINE ALSO BEING THE SOUTH LINE OF SAID LOT 1, CRANE VALLEY; THENCE DEFLECTING 90o00’00” TO THE RIGHT ALONG SAID SOUTH LINE OF LOT 1 CRANE VALLEY, SAID LINE ALSO BEING SAID NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE A DISTANCE OF 10.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 2.60 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 11.21 FEET; THENCE DEFLECTING 34o13’53” TO THE RIGHT A DISTANCE OF 30.61 FEET; THENCE DEFLECTING 38o00’56” TO THE RIGHT A DISTANCE OF 47.04 FEET; THENCE DEFLECTING 17o45’11” TO THE RIGHT A DISTANCE OF 45.91 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS AN AREA OF 1327 S.F. OR 0.03 ACRES, MORE OR LESS. O’Connor Properties, LLC A PART OF LOT 2, CRANE VALLEY FIFTH ADDITION, A SUBDIVISION LOCATED IN THE W ½ OF THE NE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, CRANE VALLEY FIFTH ADDITION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE WEST RIGHT-OFWAY LINE OF DIERS AVENUE; THENCE N44o15’29”E (ASSUMED BEARING) ALONG THE EAST LINE OF SAID LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 31.80 FEET; THENCE DEFLECTING 45o00’37” TO THE LEFT ALONG SAID WEST RIGHT- OF-WAY OF DIERS AVENUE SAID LINE ALSO BEING SAID EAST LINE OF LOT 2, CRANE VALLEY FIFTH ADDITION, A DISTANCE OF 23.72 FEET TO THE POINT OF BEGINNING; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 4.00 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 13.57 FEET; THENCE DEFLECTING 50o18’20” TO THE RIGHT A DISTANCE OF $1,610.00 Grand Island Council Session - 6/14/2016 Page 174 / 239 3.90 FEET; THENCE DEFLECTING 129o41’40” TO THE RIGHT A DISTANCE OF 26.06 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 7.00 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, SAID LINE ALSO BEING SAID EAST LINE OF LOT 2, CRANCE VALLEY FIFTH ADDITION; THENCE DEFLECTING 90o00’00” TO THE RIGHT ALONG SAID EAST LINE OF LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS AN AREA OF 114 S.F. OR 0.002 ACRES, MORE OR LESS. The Equitable Building and Loan Association of Grand Island, Nebraska, FSB, a Federal Savings Bank A PART OF LOT 1, RICHMOND SUBDIVISION, A SUBDIVISION LOCATED IN THE W ½ OF THE SE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1, RICHMOND SUBDIVISION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N89o15’01”E (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE TO THE POINT OF BEGINNING A DISTANCE OF 33.74 FEET; THENCE DEFLECTING 00o00’00” ALONG THE NORTH LINE OF SAID LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 4.37 FEET; THENCE DEFLECTING 152o45’16” TO THE RIGHT A DISTANCE OF 46.60 FEET; THENCE DEFLECTING 34o32’10” TO THE LEFT TO A POINT ON THE WEST RIGHT-OF- WAY LINE OF SAID DIERS AVENUE, SAID LINE ALSO BEING THE EAST LINE OF SAID LOT 1, RICHMOND SUBDIVISION, A DISTANCE OF 33.92 FEET; THENCE DEFLECTING 151o00’58” TO THE RIGHT ALONG THE WEST LINE OF SAID LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 4.12 FEET; THENCE DEFLECTING 28o59’02” TO THE RIGHT A DISTANCE OF 30.95 FEET; THENCE DEFLECTING 34o32’10” TO THE RIGHT A DISTANCE OF 43.33 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS AN AREA OF 155 S.F. OR 0.003 ACRES, MORE OR LESS. $2,020.00 West Faidley Medical Center, LLC A PART OF LOT 13, RICHMOND SUBDIVISION, A SUBDIVISION LOCATED IN THE W ½ OF THE SE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 13, RICHMOND SUBDIVISION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE S46o07’57”E (ASSUMED BEARING) ALONG THE EAST LINE OF SAID LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 28.46 FEET; THENCE DEFLECTING 44o37’02” TO THE RIGHT ALONG SAID EAST LINE OF LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 32.62 FEET TO THE POINT OF BEGINNING; THENCE DEFLECTING 00o00’00” ALONG $1,760.00 Grand Island Council Session - 6/14/2016 Page 175 / 239 SAID EAST LINE OF LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 6.73 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 5.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 22.67 FEET; THENCE DEFLECTING 47o50’46” TO THE LEFT A DISTANCE OF 40.44 FEET; THENCE DEFLECTING 41o23’28” TO THE LEFT A DISTANCE OF 12.74 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT TO A POINT ON THE NORTH LINE OF SAID LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF- WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 10.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT ALONG SAID NORTH LINE OF SAID LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 4.41 FEET; THENCE DEFLECTING 41o22’39” TO THE RIGHT A DISTANCE OF 54.17 FEET; THENCE DEFLECTING 47o51’35” TO THE RIGHT A DISTANCE OF 16.84 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS AN AREA OF 247 S.F. OR 0.005 ACRES, MORE OR LESS TOTAL TEMPORARY EASEMENT COMPENSATION $8,570.00 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 Temporary Construction Easements between the City of Grand Island and the affected property owners for installation of traffic signal at the intersection of Faidley Avenue & Diers Avenue, in the amount of $8,570.00. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 6/14/2016 Page 176 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-143 WHEREAS, temporary construction easements are required by the City of Grand Island, from affected property owners for installation of a traffic signal at the intersection of Faidley Avenue and Diers Avenue: Property Owner Legal Description Amount Staab Real Estate, LLC A PART OF LOT 1, CRANE VALLEY, A SUBDIVISION LOCATED IN THE W ½ OF THE NE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, CRANE VALLEY, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF FAIDLEY AVENUE AND THE EAST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N45o45’45”W (ASSUMED BEARING) ALONG THE WEST LINE OF SAID LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 31.80 FEET; THENCE DEFLECTING 45o00’37” TO THE RIGHT ALONG SAID WEST LINE OF LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 88.05 FEET TO THE POINT OF BEGINNING; THENCE DEFLECTING 00o00’00” ALONG SAID WEST LINE OF LOT 1, CRANE VALLEY, SAID LINE ALSO BEING SAID EAST RIGHT-OF- WAY LINE OF DIERS AVENUE, A DISTANCE OF 8.79 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 6.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 28.83 FEET; THENCE DEFLECTING 24o32’18” TO THE LEFT A DISTANCE OF 67.48 FEET; THENCE DEFLECTING 24o32’18” TO THE RIGHT A DISTANCE OF 19.51 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 30.83 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 9.59 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, SAID LINE ALSO BEING THE SOUTH LINE OF SAID LOT 1, CRANE VALLEY; THENCE DEFLECTING 90o00’00” TO THE RIGHT ALONG SAID SOUTH LINE OF LOT 1 CRANE VALLEY, SAID LINE ALSO BEING SAID NORTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE A DISTANCE OF 10.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 2.60 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 11.21 FEET; THENCE DEFLECTING 34o13’53” TO THE RIGHT A DISTANCE OF 30.61 FEET; THENCE DEFLECTING 38o00’56” TO THE RIGHT A DISTANCE OF 47.04 FEET; THENCE DEFLECTING 17o45’11” TO THE RIGHT A DISTANCE OF 45.91 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS AN AREA OF 1327 S.F. OR 0.03 ACRES, MORE OR LESS. $3,180.00 O’Connor Properties, LLC A PART OF LOT 2, CRANE VALLEY FIFTH ADDITION, A SUBDIVISION LOCATED IN THE W ½ OF THE NE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2, CRANE VALLEY FIFTH ADDITION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE $1,610.00 Grand Island Council Session - 6/14/2016 Page 177 / 239 - 2 - OF FAIDLEY AVENUE AND THE WEST RIGHT-OFWAY LINE OF DIERS AVENUE; THENCE N44o15’29”E (ASSUMED BEARING) ALONG THE EAST LINE OF SAID LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 31.80 FEET; THENCE DEFLECTING 45o00’37” TO THE LEFT ALONG SAID WEST RIGHT- OF-WAY OF DIERS AVENUE SAID LINE ALSO BEING SAID EAST LINE OF LOT 2, CRANE VALLEY FIFTH ADDITION, A DISTANCE OF 23.72 FEET TO THE POINT OF BEGINNING; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 4.00 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 13.57 FEET; THENCE DEFLECTING 50o18’20” TO THE RIGHT A DISTANCE OF 3.90 FEET; THENCE DEFLECTING 129o41’40” TO THE RIGHT A DISTANCE OF 26.06 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 7.00 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, SAID LINE ALSO BEING SAID EAST LINE OF LOT 2, CRANCE VALLEY FIFTH ADDITION; THENCE DEFLECTING 90o00’00” TO THE RIGHT ALONG SAID EAST LINE OF LOT 2, CRANE VALLEY FIFTH ADDITION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS AN AREA OF 114 S.F. OR 0.002 ACRES, MORE OR LESS. The Equitable Building and Loan Association of Grand Island, Nebraska, FSB, a Federal Savings Bank A PART OF LOT 1, RICHMOND SUBDIVISION, A SUBDIVISION LOCATED IN THE W ½ OF THE SE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1, RICHMOND SUBDIVISION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE N89o15’01”E (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE TO THE POINT OF BEGINNING A DISTANCE OF 33.74 FEET; THENCE DEFLECTING 00o00’00” ALONG THE NORTH LINE OF SAID LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 4.37 FEET; THENCE DEFLECTING 152o45’16” TO THE RIGHT A DISTANCE OF 46.60 FEET; THENCE DEFLECTING 34o32’10” TO THE LEFT TO A POINT ON THE WEST RIGHT-OF- WAY LINE OF SAID DIERS AVENUE, SAID LINE ALSO BEING THE EAST LINE OF SAID LOT 1, RICHMOND SUBDIVISION, A DISTANCE OF 33.92 FEET; THENCE DEFLECTING 151o00’58” TO THE RIGHT ALONG THE WEST LINE OF SAID LOT 1, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID EAST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 4.12 FEET; THENCE DEFLECTING 28o59’02” TO THE RIGHT A DISTANCE OF 30.95 FEET; THENCE DEFLECTING 34o32’10” TO THE RIGHT A DISTANCE OF 43.33 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS AN AREA OF 155 S.F. OR 0.003 ACRES, MORE OR LESS. $2,020.00 West Faidley Medical Center, LLC A PART OF LOT 13, RICHMOND SUBDIVISION, A SUBDIVISION LOCATED IN THE W ½ OF THE SE ¼ OF SECTION 13, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 13, $1,760.00 Grand Island Council Session - 6/14/2016 Page 178 / 239 - 3 - RICHMOND SUBDIVISION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE AND THE WEST RIGHT-OF-WAY LINE OF DIERS AVENUE; THENCE S46o07’57”E (ASSUMED BEARING) ALONG THE EAST LINE OF SAID LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 28.46 FEET; THENCE DEFLECTING 44o37’02” TO THE RIGHT ALONG SAID EAST LINE OF LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 32.62 FEET TO THE POINT OF BEGINNING; THENCE DEFLECTING 00o00’00” ALONG SAID EAST LINE OF LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID WEST RIGHT-OF-WAY LINE OF DIERS AVENUE, A DISTANCE OF 6.73 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 5.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT A DISTANCE OF 22.67 FEET; THENCE DEFLECTING 47o50’46” TO THE LEFT A DISTANCE OF 40.44 FEET; THENCE DEFLECTING 41o23’28” TO THE LEFT A DISTANCE OF 12.74 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT TO A POINT ON THE NORTH LINE OF SAID LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF- WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 10.00 FEET; THENCE DEFLECTING 90o00’00” TO THE RIGHT ALONG SAID NORTH LINE OF SAID LOT 13, RICHMOND SUBDIVISION, SAID LINE ALSO BEING SAID SOUTH RIGHT-OF-WAY LINE OF FAIDLEY AVENUE, A DISTANCE OF 4.41 FEET; THENCE DEFLECTING 41o22’39” TO THE RIGHT A DISTANCE OF 54.17 FEET; THENCE DEFLECTING 47o51’35” TO THE RIGHT A DISTANCE OF 16.84 FEET; THENCE DEFLECTING 90o00’00” TO THE LEFT A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS AN AREA OF 247 S.F. OR 0.005 ACRES, MORE OR LESS TOTAL TEMPORARY EASEMENT COMPENSATION $8,570.00 WHEREAS, such Temporary Construction easements have been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owners for the Temporary Construction easements on the above described tracts of land, in the total amount of $8,570.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: Grand Island Council Session - 6/14/2016 Page 179 / 239 - 4 - _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 180 / 239 Grand Island Council Session - 6/14/2016 Page 181 / 239 Grand Island Council Session - 6/14/2016 Page 182 / 239 Grand Island Council Session - 6/14/2016 Page 183 / 239 Grand Island Council Session - 6/14/2016 Page 184 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-21 #2016-144 - Approving Section 125 Cafeteria Plan Renewal Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 6/14/2016 Page 185 / 239 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:June 14, 2016 Subject:Proposed Approval of Section 125 Cafeteria Plan Renewal Presenter(s):Aaron Schmid, Human Resources Director Background The City of Grand Island provides a section 125 cafeteria plan to its employees. A Cafeteria Plan is a reimbursement plan governed by IRS Section 125 which allows employees to contribute a certain amount of their gross income to a designated account or accounts before taxes are calculated. The City currently utilizes TASC as the third party administrator (TPA) of the cafeteria plan. TASC processes claims and performs other administrative services in accordance with the service contract. TASC has been the TPA for the City since 2010. Discussion Administration is proposing a one year renewal of the Section 125 administration fees with TASC. The current rate of $3.66 per enrollee will remain unchanged for the January 1, 2017 plan year. The annual compliance renewal fee will be waived for the plan year. TASC continues to offer satisfactory performance and competitive pricing. A one year renewal will offer the flexibility to consider a future RFP process if necessary. TASC’s offer to continue the current fees into the next plan year will result in no budgetary increases. Please find included with this memo the proposed renewal letter and the original contract for reference. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 6/14/2016 Page 186 / 239 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 Section 125 Cafeteria Plan renewal. Sample Motion Move to approve the Section 125 Cafeteria Plan renewal. Grand Island Council Session - 6/14/2016 Page 187 / 239 Grand Island Council Session - 6/14/2016 Page 188 / 239 Grand Island Council Session - 6/14/2016 Page 189 / 239 Grand Island Council Session - 6/14/2016 Page 190 / 239 Grand Island Council Session - 6/14/2016 Page 191 / 239 Grand Island Council Session - 6/14/2016 Page 192 / 239 Grand Island Council Session - 6/14/2016 Page 193 / 239 Grand Island Council Session - 6/14/2016 Page 194 / 239 Grand Island Council Session - 6/14/2016 Page 195 / 239 Grand Island Council Session - 6/14/2016 Page 196 / 239 Grand Island Council Session - 6/14/2016 Page 197 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-144 WHEREAS, the City provides a section 125 cafeteria plan for its employees, as authorized by the City of Grand Island Personnel Rules and Regulations and federal regulations; and WHEREAS, TASC is the Third Party Administrator for the City’s cafeteria plan; and WHEREAS, the City’s cafeteria plan is administered by TASC for a fee of $3.66 per enrollee and this fee will remain the same for the duration of a one year renewal period beginning January 1, 2017; and WHEREAS, TASC will waive the annual compliance renewal fee for the January 1, 2017 plan year. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of TASC is hereby approved for third party administrator services to assist in the administration of a Section 125 Cafeteria Plan. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. ______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 198 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-22 #2016-145 - Approving Dental Plan Renewal Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 6/14/2016 Page 199 / 239 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:June 14, 2016 Subject:Approval of Dental Benefits Presenter(s):Aaron Schmid, Human Resources Director Background The City of Grand Island provides dental benefits to its employees. The City has a self- funded plan. The plan premiums are used to pay claims. The City currently utilizes Delta Dental as the third party administrator (TPA) of the plan. Delta processes claims and performs other administrative services in accordance with the service contract. Delta has been the TPA for the City since 2010. Discussion Administration is proposing a three year renewal of the plan administration fees with Delta Dental. The proposed Administrative Services Only (ASO) fee would be $4.23 per employee per month (PEPM). This would be an increase from the current ASO fee of $3.85 PEPM. The current ASO fee has not increased in the six years with Delta. Administration’s review the experience period finds the proposed increase to be appropriate. Delta continues to offer satisfactory performance and competitive pricing. Delta also offers a large network of providers to service our employees. Please find included with this memo the proposed renewal letter and the original contract for reference. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date Grand Island Council Session - 6/14/2016 Page 200 / 239 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the dental plan renewal. Sample Motion Move to approve the dental plan renewal. Grand Island Council Session - 6/14/2016 Page 201 / 239 Grand Island Council Session - 6/14/2016 Page 202 / 239 Grand Island Council Session - 6/14/2016 Page 203 / 239 Grand Island Council Session - 6/14/2016 Page 204 / 239 Grand Island Council Session - 6/14/2016 Page 205 / 239 Grand Island Council Session - 6/14/2016 Page 206 / 239 Grand Island Council Session - 6/14/2016 Page 207 / 239 Grand Island Council Session - 6/14/2016 Page 208 / 239 Grand Island Council Session - 6/14/2016 Page 209 / 239 Grand Island Council Session - 6/14/2016 Page 210 / 239 Grand Island Council Session - 6/14/2016 Page 211 / 239 Grand Island Council Session - 6/14/2016 Page 212 / 239 Grand Island Council Session - 6/14/2016 Page 213 / 239 Grand Island Council Session - 6/14/2016 Page 214 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-145 WHEREAS, the City provides a dental plan for its employees, as authorized by the City of Grand Island Personnel Rules and Regulations and federal regulations; and WHEREAS, Delta Dental of Nebraska is the Third Party Administrator for the City’s dental plan; and WHEREAS, the City’s dental plan is administered by Delta Dental of Nebraska for a fee of $3.85 per employee per month; and WHEREAS, Delta Dental of Nebraska’s fee will increase $4.23 per employee per month for a three year period effective October 1, 2016. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Delta Dental of Nebraska is hereby approved for third party administrator services to assist in the administration of a dental plan. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. ______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 215 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-23 #2016-146 - Approving Agreement with Tyler Technologies for Tyler Content Manager (TCM) Product Staff Contact: Renae Griffiths, Finance Director Grand Island Council Session - 6/14/2016 Page 216 / 239 Council Agenda Memo From:Renae Griffiths, Finance Director Meeting:June 14, 2016 Subject:Approval of Agreement with Tyler Technologies for Tyler Content Manager (TCM) Product Presenter(s):Renae Griffiths, Finance Director Background The City of Grand Island currently uses Laserfiche in conjunction with its financial software, Munis, to electronically store some financial records. Currently the City is operating version 10 of the Munis software, but in the near term it will be upgraded to version 11. Version 11 will no longer support Laserfiche and requires a different document storage method. The only method that will be supported by Tyler Technologies, who provides Munis, is TCM. The implementation of TCM was budgeted by the Information Technology Internal Service Fund for the 2016 fiscal year. The budget for this item was set at $100,000. Discussion The addition of TCM will not only provide a replacement for Laserfiche, but will also allow several tasks to be performed more efficiently and accurately. TCM will allow for streamlined and paperless approval of invoices that end up on the bimonthly schedule of bills. Staff time will no longer need to be spent sending paper throughout the City for review, analysis and approval. The review, analysis and approval will now take place electronically. The accuracy of images will also be improved Improved document control thru indexing and retention settings Controls for sensitive information contained on documents. Documents that contain confidential information will be stored in a secure format with sensitive information being redacted for those individuals who are not authorized to view that information. This will allow quick retrieval of these documents when needed and enable these documents to be stored digitally. As they are currently being stored in paper format in a locked location. TCM will provide one storage location for multiple types of financial records. Grand Island Council Session - 6/14/2016 Page 217 / 239 TCM Cost Summary One Time Recurring Software $ 28,000.00 $ 2,430.00 Services $ 36,025.00 $ - TOTAL $ 64,025.00 $ 2,430.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve 2.Disapprove or deny agreement 3.Refer to a committee Recommendation City Administration recommends that the Council approve the agreement with Tyler Technologies. Sample Motion Move to approve the agreement with Tyler Technologies for Tyler Content Manager. Grand Island Council Session - 6/14/2016 Page 218 / 239 Quoted By:Sandy Gallagher Date:5/23/2016 Quote Expiration:11/19/2016 Quote Name:City of Grand Island-ERP-TCM Upgrade from Laserfiche, Dashboard, TCAL upgrade and TCM Conversion Quote Number:2016-20618 Quote Description:Upgrade to TCMSE, Dashboard, TCALs, LF to TCM Conversion Sales Quotation For City of Grand Island P. O. Box 1968 Grand Island, Nebraska 68802 Phone (308) 385-5444 Tyler Software and Related Services Description License Impl. Days Impl. Cost Data Conversion Module Total Year One Maintenance Productivity: Tyler Content Manager SE Upgrade $23,000.00 10 @ $1,275.00 $12,750.00 $0.00 $35,750.00 $8,100.00 Tyler Content Manager Auto Indexing and Redaction (SE) $5,000.00 2 @ $1,275.00 $2,550.00 $0.00 $7,550.00 $900.00 Role Tailored Dashboard $22,000.00 4 @ $1,275.00 $5,100.00 $0.00 $27,100.00 $3,960.00 Other: Tyler Content Manager SE - AP Opt 1 - Checks - 3 Doc Types - F $0.00 0 @ $1,275.00 $0.00 $1,800.00 $1,800.00 $0.00 Tyler Content Manager SE - Payroll Standard - Employee, Address - 11 Doc Types - B $0.00 0 @ $1,275.00 $0.00 $7,000.00 $7,000.00 $0.00 Tyler Content Manager SE - Payroll - Option 4 Check History - 1 Doc Type - B $0.00 0 @ $1,275.00 $0.00 $1,000.00 $1,000.00 $0.00 Sub-Total:$50,000.00 $20,400.00 $9,800.00 $80,200.00 $12,960.00 2016-20618 - Upgrade to TCMSE, Dashboard, TCALs, LF to TCM Conversion CONFIDENTIAL 1 of 5 Grand Island Council Session - 6/14/2016 Page 219 / 239 Tyler Software and Related Services Description License Impl. Days Impl. Cost Data Conversion Module Total Year One Maintenance Less Discount:$22,000.00 $0.00 $0.00 $22,000.00 $10,530.00 TOTAL:$28,000.00 16 $20,400.00 $9,800.00 $58,200.00 $2,430.00 Other Services Description Quantity Unit Price Unit Discount Extended Price TCM Conversion - Implementation 3 $1,275.00 $0.00 $3,825.00 Tyler Content Manager SE Installation (Existing Clients) 1 $1,500.00 $0.00 $1,500.00 Tyler Content Manager SE Upgrade Forms/GoDocs/Conv (Existing Clients) 1 $500.00 $0.00 $500.00 TOTAL: $5,825.00 3rd Party Hardware, Software and Services Description Quantity Unit Price Unit Discount Total Price Unit Maintenance Unit Maintenance Discount Total Year One Maintenance Tyler Unlimited CAL Upgrade 1 $31,000.00 $31,000.00 $0.00 $6,200.00 $6,200.00 $0.00 3rd Party Software Sub-Total: $31,000.00 $0.00 $6,200.00 $0.00 TOTAL: $0.00 $0.00 Summary One Time Fees Recurring Fees Total Tyler Software $28,000.00 $2,430.00 Total Tyler Services $36,025.00 $0.00 Total 3rd Party Hardware, Software and Services $0.00 $0.00 Summary Total $64,025.00 $2,430.00 Contract Total $66,455.00 2016-20618 - Upgrade to TCMSE, Dashboard, TCALs, LF to TCM Conversion CONFIDENTIAL 2 of 5 Grand Island Council Session - 6/14/2016 Page 220 / 239 Detailed Breakdown of Conversions (included in Contract Total) Description Unit Price Unit Discount Extended Price Tyler Content Manager SE - AP Opt 1 - Checks - 3 Doc Types $1,800.00 $0.00 $1,800.00 Tyler Content Manager SE - Payroll - Option 4 Check History - 1 Doc Type $1,000.00 $0.00 $1,000.00 Tyler Content Manager SE - Payroll Standard - Employee, Address - 11 Doc Types $7,000.00 $0.00 $7,000.00 TOTAL: $9,800.00 2016-20618 - Upgrade to TCMSE, Dashboard, TCALs, LF to TCM Conversion CONFIDENTIAL 3 of 5 Grand Island Council Session - 6/14/2016 Page 221 / 239 Optional Tyler Software & Related Services Description License Impl. Days Impl. Cost Data Conversion Module Total Year One Maintenance Other: Tyler Content Manager SE Disaster Recovery $0.00 0 @ $1,275.00 $0.00 $0.00 $0.00 $11,250.00 TOTAL:$0.00 0 $0.00 $0.00 $0.00 $11,250.00 Unless otherwise indicated in the contract or Amendment thereto, pricing for optional items will be held for Six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval: Date: Print Name: P.O. #: All primary values quoted in US Dollars Tyler Discount Detail Description License License Discount License Net Maintenance Basis Year One Maint Discount Year One Maint Net Productivity: Role Tailored Dashboard $22,000.00 $22,000.00 $0.00 $3,960.00 $1,980.00 $1,980.00 Tyler Content Manager Auto Indexing and Redaction (SE) $5,000.00 $0.00 $5,000.00 $900.00 $450.00 $450.00 Tyler Content Manager SE Upgrade $23,000.00 $0.00 $23,000.00 $8,100.00 $8,100.00 $0.00 Other: TOTAL:$50,000.00 $22,000.00 $28,000.00 $12,960.00 $10,530.00 $2,430.00 2016-20618 - Upgrade to TCMSE, Dashboard, TCALs, LF to TCM Conversion CONFIDENTIAL 4 of 5 Grand Island Council Session - 6/14/2016 Page 222 / 239 Comments Conversion prices are based on a single occurrence of the database. If additional databases need to be converted, these will need to be quoted. Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the size and scope of your project. The actual amount of services depends on such factors as your level of involvement in the project and the speed of knowledge transfer. Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy. Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel. Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users. In the event Client acquires from Tyler any edition of Tyler Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Tyler Content Manager software with non-Tyler applications, Client must purchase or upgrade to Tyler Content Manager Enterprise Edition. Tyler Content Manager SE Disaster Recovery includes up to 100GB of storage. Should additional storage be needed it may be purchased at an annual fee of $1,000 per 100GB with a total cap of storage at 750GB. Tyler's cost is based on all of the proposed products and services being obtained from Tyler. Should significant portions of the products or services be deleted, Tyler reserves the right to adjust prices accordingly. 2016-20618 - Upgrade to TCMSE, Dashboard, TCALs, LF to TCM Conversion CONFIDENTIAL 5 of 5 Grand Island Council Session - 6/14/2016 Page 223 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-146 WHEREAS, the City of Grand Island the Munis Software provide by Tyler Technologies; and WHEREAS, in order to upgrade the software to the most current version Tyler Content Manager is required; and WHEREAS, Tyler Content Manager will be need to be implemented as the document management system for Munis; and WHEREAS, Tyler Content Manager offers several improvements over the current system; and WHEREAS, Tyler Content Manager will have a one-time cost of $64,025.00 and a recurring yearly cost of $2,430.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the agreement with Tyler Technologies for the Tyler Content Manager and services necessary to implement the software. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 224 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item G-24 #2016-147 - Approving Microsoft Licensing Enterprise Agreement Staff Contact: Renae Griffiths, Finance Director Grand Island Council Session - 6/14/2016 Page 225 / 239 Council Agenda Memo From:Renae Griffiths, Finance Director Meeting:June 14, 2016 Subject:Approving Microsoft Licensing Enterprise Agreement Presenter(s):Renae Griffiths, Finance Director Background In 1997, the City of Grand Island installed a network at City Hall and made the determination to standardize the organization with Microsoft products. On June 11, 2013, Council adopted Resolution 2013-174 approving an agreement for Microsoft software license renewals for a 3 year period ending June 30, 2016. The end of this term necessitates that a contract renewal be completed. This three year agreement provides licensing for Microsoft products installed on desktops, laptops and servers owned by the City of Grand Island with the exception of the Public Library. The Public Library is entitled to special Microsoft pricing through TechSoup, a 501(c)(3) nonprofit that provides donated and discounted products and services to nonprofits, charities, and public libraries. The types of licenses included in this agreement are Windows operating systems, Office Professional, Windows Servers, Exchange Email Server licenses, and Core Client Access licenses. This agreement also includes Software Assurance benefits, which allow upgrades to the highest version release available throughout the term of the agreement. Discussion Based on the number of users/desktops for the State of Nebraska pool, the City of Grand Island receives the lowest software pricing available for the proposed Microsoft Enterprise Agreement currently held by En Pointe Technologies Sales Inc., 18701 S. Figueroa St, Gardena, CA 90248, a Nebraska State Contract reseller. This agreement is for a term of 36 months beginning July 1, 2016 through June 30, 2019 and is payable in three annual installments of $93,927.60 for a total of $281,782.80. There is also a required annual true-up order for additions/changes since the initial order or last true-up order. The final true-up cost for the contract ending June 2016 is $9,230.52. The Microsoft Licensing agreement costs are included in the Information Technology Division budget. Grand Island Council Session - 6/14/2016 Page 226 / 239 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the three year Enterprise Agreement of Microsoft licenses. 2.Disapprove or deny the agreement. 3.Modify the Resolution to meet the wishes of the Council. Recommendation City Administration recommends that the Council approve the new three year Microsoft licensing agreement for $281,782.80, payable in three installments of $93,927.60 and an annual true-up order each June to cover added licenses. Sample Motion Move to approve the three-year Microsoft Licensing Agreement with En Pointe Technologies Sales Inc. in the amount of $281,782.80 and required annual true-up orders each June. Grand Island Council Session - 6/14/2016 Page 227 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-147 WHEREAS, the Information Technology Division of the Finance Department continually works on maintaining the City’s computer network, computer hardware, software, etc.; and WHEREAS, due to the number of computer users and devices, and the constant need for computer upgrades, it is imperative to consistently maintain the entire city network system; and WHEREAS, on June 11, 2013 by Resolution 2013-174, the City Council of the City of Grand Island authorized the Information Technology Division of the Finance Department to renew software license agreements which include a three-year term expiring June 30, 2016; and WHEREAS, the City of Grand Island can utilize the State of Nebraska negotiated pricing to renew the Enterprise Agreement for a period of three years expiring June 30, 2019; and WHEREAS, the Enterprise agreements have been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the software three-year Microsoft Enterprise Agreement to En Pointe Technologies Sales Inc. a Nebraska State Contract reseller at a cost of $281,782.80 to be paid in three annual installments of $93,927.60 plus any annual true- up order that accounts for changes since the initial order or last order is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 228 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item I-1 #2016-148 - Consideration of Approving Resolution Regarding Food and Beverage Funds prior to 7-1-16 Staff Contact: Jerry Janulewicz Grand Island Council Session - 6/14/2016 Page 229 / 239 Council Agenda Memo From:Renae Griffiths, Finance Director Meeting:June 14, 2016 Subject:Approving Use of Surplus Food and Beverage Occupation Use Tax Presenter(s):Jerry Janulewicz, City Attorney Background Ordinance No. 9315, adopted August 11, 2011, in regards to tax receipts received from the City’s food services and drinking places occupation privilege tax were designated to be utilized: (i) To make the City’s required debt payments on the fieldhouse and the Recreational Field development as required by Grand Island City Code §23-79(A) and (B). If any surplus remains after meeting these obligations then that surplus shall be designated; and (ii) To make the City’s quarterly payments to the Nebraska State Fair Support and Improvement Fund as required by Neb Rev. Stat. §2-108-110. If any surplus remains after meeting the obligations as stated in Grand Island City Code §23-65(C)(i) and (ii) then that surplus shall be designated. Discussion It is currently estimated after the final payment (June 30, 2016) on the Grand Island Fieldhouse that we’ll have $1 million in surplus on the food and beverage occupation tax. Pursuant to the ordinance, we can designate how those funds will be spent. The artificial turf at the fieldhouse needs changed and we’d also like to pay for design and construction of restrooms at the Veteran’s Sports Complex. The remaining money will then be designated to cover future quarterly payments to the Nebraska State Fair for the City’s match. The surplus funds would also be transferred to a special revenue fund to ensure they are reserved for payment of these three items. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the resolution designating use of the surplus money. 2.Take no action on the resolution. Grand Island Council Session - 6/14/2016 Page 230 / 239 3.Refer to committee. Recommendation City Administration recommends that the Council approve the designation of the surplus food and beverage occupation tax money. Sample Motion Move to approve the resolution designating the use of the surplus food and beverage occupation tax money. Grand Island Council Session - 6/14/2016 Page 231 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-148 WHEREAS, pursuant to Ordinance No. 9315, adopted August 11, 2011, tax receipts received from the City’s food services and drinking places occupation privilege tax were designated to be utilized: (i) To make the City’s required debt payments on the fieldhouse and the Recreational Field development as required by Grand Island City Code §23-79(A) and (B). If any surplus remains after meeting these obligations then that surplus shall be designated; and (ii) To make the City’s quarterly payments to the Nebraska State Fair Support and Improvement Fund as required by Neb Rev. Stat. §2-108-110. If any surplus remains after meeting the obligations as stated in Grand Island City Code §23-65(C)(i) and (ii) then that surplus shall be designated; and WHEREAS, On June 30, 2016, the City’s debt for construction of the Grand Island Fieldhouse and Recreational Field development will be fully paid; and WHEREAS, the City’s obligation to make quarterly payments to the Nebraska State Fair Support and Improvement Fund is paid to date and a surplus currently remains after meeting this obligation; and WHEREAS, future payments to the Nebraska State Fair Support and Improvement Fund will be paid from the City’s food and beverages retailer occupation tax receipts; and WHEREAS, Council desires to designate use of surplus funds remaining in the City’s food services and drinking places occupational privilege tax account. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the surplus funds remaining in the City’s food services and drinking places occupation privilege tax fund should be and are hereby designated to be used for the following purposes: 1.To pay expenses to be incurred for removal and replacement of artificial field turf at the Grand Island Fieldhouse; 2.To pay expenses to be incurred for design and construction of restrooms at the City’s Veterans Sports Complex; and 3.The remainder to pay future quarterly payments to the Nebraska State Fair Support and Improvement Fund as required by Neb Rev. Stat. §2-108-110. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ Grand Island Council Session - 6/14/2016 Page 232 / 239 - 2 - RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 233 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item I-2 #2016-149 - Consideration of Appointment of Robert Falldorf as Police Chief Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 6/14/2016 Page 234 / 239 Council Agenda Memo From:Mayor Jeremy Jensen Meeting:June 14, 2016 Subject:Appointment of Robert Falldorf as Police Chief Presenter(s):Mayor Jeremy Jensen Background The provisions of the Nebraska Civil Service Act, §19-1805 to §19-1847, applies to all present full time police officers of the City of Grand Island and future appointees to such position including Police Chief. The Civil Service Act and Grand Island City Code §12-2 provides that the Mayor, with the approval of City Council, is the appointing authority for purposes of selecting, appointing, or employing any person to hold a position or employment under the Civil Service Act. A vacancy in the office of Police Chief will exist due to the announced retirement of the current Police Chief. The Mayor obtained from the City’s Civil Service Commission a list of candidates for the office of Police Chief and, with respect to such candidates, considered all relevant factors in the selection of a successor Police Chief as provided by Nebraska Revised Statute §19-1829. From the list of candidates provided by The Civil Service Commission, the Mayor selected Robert Falldorf for appointment to the office of Police Chief subject to approval of the City Council. Discussion I am pleased to present Robert Falldorf as my choice for appointment to the Police Chief position. Falldorf has spent his entire law enforcement career in Grand Island where he served as a police officer from 1986 to 1993 for the city of Grand Island Police Department. As a police officer Falldorf responded to and investigated calls for police service and represented the department in many programs and functions. Falldorf was then promoted to a police sergeant and held that position until 2003. As a police sergeant, Falldorf demonstrated direct supervisory experience in both the uniform patrol and the investigative function of the police department and provided technical and administrative direction to police officers while assisting in their professional growth and development. Grand Island Council Session - 6/14/2016 Page 235 / 239 Since 2003 Falldorf has served as a police captain for the Grand Island Police Department. Current duties include management responsibility for crime prevention, code enforcement, training, records management, budgeting, and victim services. Falldorf also has management experience in the uniform patrol function of Grand Island’s municipal police department. Falldorf earned a bachelor’s degree from Kearney State College in criminal justice and has a master’s degree in public administration from the University of Nebraska Omaha. He is also a Federal Bureau of Investigations National Academy graduate. Falldorf will have a starting salary of $114,247.14 annually and is prepared to start work on June 20, 2016. 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 I recommend the approval of Robert Falldorf as the Police Chief. Sample Motion Move to approve Robert Falldorf as the Police Chief. Grand Island Council Session - 6/14/2016 Page 236 / 239 Approved as to Form ¤ ___________ June 10, 2016 ¤ City Attorney R E S O L U T I O N 2016-149 WHEREAS, the provisions of the Nebraska Civil Service Act, §§ 19-1805 to 19- 1847, applies to all present full time police officers of the City of Grand Island and future appointees to such position including Police Chief; and WHEREAS, the Civil Service Act and Grand Island City Code § 12-2 provides that the Mayor, with the approval of City Council, is the appointing authority for purposes of selecting, appointing, or employing any person to hold a position or employment under the Civil Service Act; and WHEREAS, a vacancy in the office of Police Chief will exist due to the announced retirement of the current Police Chief; and WHEREAS, the Mayor obtained from the City’s Civil Service Commission a list of candidates for the office of Police Chief and, with respect to such candidates, considered all relevant factors in the selection of a successor Police Chief as provided by Nebraska Revised Statute § 19-1829; and WHEREAS, from the list of candidates provided by The Civil Service Commission, the Mayor selected Robert Falldorf for appointment to the office of Police Chief subject to approval of the City Council; and WHEREAS, Robert Falldorf has accepted the offer and is prepared to start work on June 20, 2016 at Step 11 of the Police Chief salary table of $114,247.14. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Robert Falldorf is hereby duly appointed the Police Chief for the City of Grand Island, Nebraska, for such tenure as provided by law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 14, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 6/14/2016 Page 237 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item J-1 Approving Payment of Claims for the Period of May 25, 2016 through June 14, 2016 The Claims for the period of May 25, 2016 through June 14, 2016 for a total amount of $8,730,324.76. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 6/14/2016 Page 238 / 239 City of Grand Island Tuesday, June 14, 2016 Council Session Item X-1 Strategy Session with Respect to Labor Negotiations with Fraternal Order of Police (FOP) #24 The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 6/14/2016 Page 239 / 239