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09-27-2016 City Council Regular Meeting Packet City of Grand Island Tuesday, September 27, 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 - 9/27/2016 Page 1 / 272 City of Grand Island Tuesday, September 27, 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 Stan Davis, New Life Community Church, 301 West 2nd 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 - 9/27/2016 Page 2 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item E-1 Public Hearing on Request from Franco Entertainment, LLC dba The Brick House, 115-117 West 3rd Street for a Class “I” Liquor License Council action will take place under Resolutions item I-1. Staff Contact: RaNae Edwards Grand Island Council Session - 9/27/2016 Page 3 / 272 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 27, 2016 Subject:Public Hearing on Request from Franco Entertainment, LLC dba The Brick House, 115-117 West 3rd Street for a Class “I” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Franco Entertainment, LLC dba The Brick House, 1115-117 West 3rd Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale 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 - 9/27/2016 Page 4 / 272 Also submitted with the application was a request from Maria Garcia, 644 East Meves for a Liquor Manager Designation. On April 26, 2016, the City Council voted 6-3 to deny the request from Azteca Market, LLC dba The Brick House, 115-117 West 3rd Street for a Class “I” Liquor License based on Nebraska State Statutes 53-125 (2) & (13b); 53-132 (2a), (2b), & (2c); and 010.01 NCLL’s Rules and Regulations. On July 6, 2016 the matter was heard before the Nebraska Liquor Control Commission. The matter was continued to allow Maria Garcia to be present and present a plan for operation. On August 9, 2016 the matter was heard again by the Nebraska Liquor Control Commission. After testimony the Commission voted to deny the liquor license. (See attached Order.) On August 31, 2016 a letter was sent to Ms. Garcia notifying her of the September 27, 2016 hearing date and the requirement for her to contact the Building Department, Fire Department, and Health Department for inspections and interviews two weeks prior to the hearing. Failure to request inspections and/or complete interviews would result in a recommendation of denial from the staff to the City Council. No inspections have been requested to date; therefore staff recommends denial of this request. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council deny this application. Sample Motion Move to deny the application for Franco Entertainment, LLC dba The Brick House, 115- 117 West 3rd Street for a Class “I” Liquor License and Manager Designation for Maria Garcia, 644 East Meves based on failure to request inspections and/or complete interviews. Grand Island Council Session - 9/27/2016 Page 5 / 272 Grand Island Council Session - 9/27/2016 Page 6 / 272 Grand Island Council Session - 9/27/2016 Page 7 / 272 Grand Island Council Session - 9/27/2016 Page 8 / 272 Grand Island Council Session - 9/27/2016 Page 9 / 272 Grand Island Council Session - 9/27/2016 Page 10 / 272 Grand Island Council Session - 9/27/2016 Page 11 / 272 Grand Island Council Session - 9/27/2016 Page 12 / 272 Grand Island Council Session - 9/27/2016 Page 13 / 272 Grand Island Council Session - 9/27/2016 Page 14 / 272 Grand Island Council Session - 9/27/2016 Page 15 / 272 Grand Island Council Session - 9/27/2016 Page 16 / 272 Grand Island Council Session - 9/27/2016 Page 17 / 272 Working Together for a Better Tomorrow. Today. City Hall ● 100 East First Street ● Box 1968 ● Grand Island, Nebraska 68802-1968 (308)385-8888, Ext. 888 ● FAX: 385-8888 ● Emergency: 385-5000 Fire Department Fire Report: Re: 115 W. 3rd St. - The Brick House In April of 2015, a routine inspection of the building was conducted and it was determined that the building was not safe for occupancy under the current conditions. Owners were conducting “parties” in building and this activity was ordered to be stopped. A couple weeks later it was discovered construction remodel work was being conducted but no application was submitted nor was a permit issued. In July of 2015 a permit was issued. Within the time frame from July thru the rest of the year, the remodel was either postponed or abandoned. I have attached the list of identified fire code violations of an inspection report mailed out on the 9th of August, 2016 after an application for a liquor license was denied by the Liquor Commission. I have not been contacted since, however I did contact Francisco by phone on the 15 of Sept. 2016 informing him he needed to address these issues and that he needed to come in to discuss them. Among a number of violations, the one issue that certainly needs to be addressed for the building to be issued an occupancy permit is the question of occupant load. The original plans submitted in July of 2015 are not representative of the current actual setup. The concern is that the occupant load may have significantly increased so that an automatic sprinkler system is required. _____________________________ Fred Hotz, Fire Prevention Division Chief City of Grand Island Fire Department 100 East 1st Street Grand Island, NE 68801 office (308) 385-5444 ext. 228 fax# (308) 385-5423 fhotz@grand-island.com 5444 220 5423 Grand Island Council Session - 9/27/2016 Page 18 / 272 Grand Island Council Session - 9/27/2016 Page 19 / 272 Grand Island Council Session - 9/27/2016 Page 20 / 272 Grand Island Council Session - 9/27/2016 Page 21 / 272 Grand Island Council Session - 9/27/2016 Page 22 / 272 Grand Island Council Session - 9/27/2016 Page 23 / 272 Grand Island Council Session - 9/27/2016 Page 24 / 272 Grand Island Council Session - 9/27/2016 Page 25 / 272 Grand Island Council Session - 9/27/2016 Page 26 / 272 Grand Island Council Session - 9/27/2016 Page 27 / 272 Grand Island Council Session - 9/27/2016 Page 28 / 272 Grand Island Council Session - 9/27/2016 Page 29 / 272 Grand Island Council Session - 9/27/2016 Page 30 / 272 Grand Island Council Session - 9/27/2016 Page 31 / 272 Grand Island Council Session - 9/27/2016 Page 32 / 272 4TH ST W LOCUST ST SE L M S T N DIVISIO N ST W PINE ST SW H E E L E R A V E N KOENIG ST W D IVISIO N ST E7TH ST W VIN E S T N OAK ST SKI M B A L L A V E N LOCUSTST SWA L N U T S T N VIN E S T S ASHTON AVE E KOENIGST E HANSENST DIVISIO N ST WNORTHFRONTST W Y U N DST8TH ST W LO U ISEST W3RD ST W SCHUFF ST CHARLESST W 1ST ST E6TH ST W O A K S T N ASHTONAVE WWH E E L E R A V E S C E D A R S T N S Y C A M O R E S T N KI M B A L L A V E N KOENIGST W L O C U S T S T N 1ST ST W 6TH ST ESOU TH FRONT ST W 2ND ST E3RD ST E5TH ST W 2ND ST W 4TH ST E5TH ST EP I ERPARKLOUISE ST W7TH ST EE L M S T S CHARLES ST W E D D Y S T N L O C U S T S T N PIERPARK W A L N U T S T SWH E E L E R A V E N C L A R K S T S WA L N U T S T S E L M S T N VIN E S T N KIMBALL AVE SC L E B U R N S T N PIN E S T N LOCUSTST SE D D Y S T S C L E B U R N S T S C E D A R S T S C E D A R S T N PL U M S T N SYCAMORE ST SCHARLES ST E COURT ST E P LU M S T N KOENIG ST E UPRR DRPINE ST SSO UTH FRO N T ST Eµ Liquor ApplicationThe Brick House115-117 W 3rd St.Class "I" License Legend StreetCenterlineLiquor License Locations115 W 3rd St Grand Island Council Session - 9/27/2016 Page 33 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item E-2 Public Hearing on Request from Simbert, LLC dba Peacock Lounge, 2430 Broadwell Avenue for a Class “C” Liquor License Council action will take place under Consent Agenda item G-5. Staff Contact: RaNae Edwards Grand Island Council Session - 9/27/2016 Page 34 / 272 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 27, 2016 Subject:Public Hearing on Request from Simbert, LLC dba Peacock Lounge, 2430 N. Broadwell Avenue 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 Simbert, LLC dba Peacock Lounge, 2430 N. Broadwell Avenue 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. See attached Police Department report. Grand Island Council Session - 9/27/2016 Page 35 / 272 Also submitted with the application was a request from Guadalupe Valderaz, 240 North Waldo Avenue for a Liquor Manager Designation. Staff recommends approval of the application contingent upon final inspections and Liquor Manager Designation for Guadalupe Valderaz contingent upon completing a state approved alcohol server/seller training program. 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 Simbert, LLC dba Peacock Lounge, 2430 N. Broadwell Avenue for a Class “C” Liquor License contingent upon final inspections and Liquor Manager Designation for Guadalupe Valderaz, 240 North Waldo Avenue contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 9/27/2016 Page 36 / 272 Grand Island Council Session - 9/27/2016 Page 37 / 272 Grand Island Council Session - 9/27/2016 Page 38 / 272 Grand Island Council Session - 9/27/2016 Page 39 / 272 Grand Island Council Session - 9/27/2016 Page 40 / 272 Grand Island Council Session - 9/27/2016 Page 41 / 272 C L E B U R N S T N CAPITAL AVE E 18T H S T W C E D A R S T NASHLEY PARK22NDST E17TH ST W COTTAGE ST KRUSEAVEE D D Y S T N 19THST W L O C U S T S T N 23RDST EW H E E L E R A V E NROBERTSCT WALNUTST NWAUGH ST W COTTAGE ST 23R D ST W BROADWELL AVE NLAFAYETTE AVE NSTATE ST W PROSPECT ST COLLEGEST FORREST ST COLLEGE ST ASHLEYPARK CAPITAL AVE W HUSTON AVE NGRAND ISLAND AVEGRAND ISLAND AVEKRUSE AVEPARK AVE N20TH ST WCENTENNIALDR21ST ST W22ND ST W OLD HIGHWAY 2 W ROBERTS ST W ROBERTS ST E µ Liquor ApplicationPeacock Lounge2430 N. Broadwell Ave.Class "C" License Legend CenterlineLiquor License Locations2430 N Broadwell Ave 1500'Radius Grand Island Council Session - 9/27/2016 Page 42 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item E-3 Public Hearing on Request from YZ GYZS, LLC dba The Filling Station, 217 E. Stolley Park Road, Suite N for a Catering Designation to Class “C-113025” Liquor License Council action will take place under Consent Agenda item G-6. Staff Contact: RaNae Edwards Grand Island Council Session - 9/27/2016 Page 43 / 272 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 27, 2016 Subject:Public Hearing on Request from YZ GYZ, LLC dba The Filling Station, 217 E. Stolley Park Road, Suite N for a Catering Designation to Class “C-113025” Liquor License Presenter(s):RaNae Edwards, City Clerk Background YZ GYZ, LLC dba The Filing Station, 217 E. Stolley Park Road, Suite N has submitted an application for a catering designation to their Class “C-113025” Liquor License. This request would allow The Filling Station to deliver, sell or dispense alcoholic liquors, including beer, for consumption at a location designated on a Special Designated License (SDL). Discussion 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, Police, and Health Departments. 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. Grand Island Council Session - 9/27/2016 Page 44 / 272 Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application for a catering designation from YZ GYZ, LLC dba The Filling Station, 217 E. Stolley Park Road, Suite N Liquor License “C-113025”. Grand Island Council Session - 9/27/2016 Page 45 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item F-1 #9600 - Consideration of Annexation of Property Proposed for Platting as Caldwell Subdivision an Addition to the City of Grand Island located at the South East Corner of Shady Bend Road and Seedling Mile Road (Final Reading) Staff Contact: Chad Nabity Grand Island Council Session - 9/27/2016 Page 46 / 272 Council Agenda Memo From:Regional Planning Commission Meeting:September 27, 2016 Subject:An Ordinance to include Caldwell Subdivision as an Addition to the City of Grand Island, Nebraska Presenter(s):Chad Nabity, AICP Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that any and all property subdivided adjacent to the Corporate Limit of the City of Grand Island be annexed into the City at the time of subdivision approval. Kenneth D. Caldwell and Pamela R. Caldwell as the owners of the property, submitted Caldwell Subdivision as an Addition to the City of Grand Island. The Hall County Regional Planning Commission recommended approval of the subdivision at their meeting on August 10, 2016. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the second reading of the ordinance. The first reading was approved by the City Council at their August 23, 2016 meeting. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of that property. Annexation of this property will not result in the extension of the Grand Island Zoning Jurisdiction. No new residences would be added to the City as a result of this annexation however 3 lots will be created. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/27/2016 Page 47 / 272 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 pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on first reading. Grand Island Council Session - 9/27/2016 Page 48 / 272 Grand Island Council Session - 9/27/2016 Page 49 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney ORDINANCE NO. 9600 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Caldwell Subdivision in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after Kenneth D. Caldwell and Pamela R. Caldwell, as owners of the property submitted a plat of Caldwell Subdivision an Addition to the City of Grand Island for approval; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island requires that owners of property proposed for subdivision adjacent to the Corporate Limits submit such subdivisions as additions to the City; and WHEREAS, according to Neb. R.R.S. §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and * This Space Reserved For Register of Deeds * Grand Island Council Session - 9/27/2016 Page 50 / 272 ORDINANCE NO. 9600 (Cont.) - 2 - WHEREAS, on August 23, 2016 the City Council of the City of Grand Island approved such annexation on first reading and on September 13, 2016 approved such annexation on second reading and on September 27, 2016 approved such annexation on third and final reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. Grand Island Council Session - 9/27/2016 Page 51 / 272 ORDINANCE NO. 9600 (Cont.) - 3 - SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Grand Island Council Session - 9/27/2016 Page 52 / 272 ORDINANCE NO. 9600 (Cont.) - 4 - Enacted: September 27, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 53 / 272 ORDINANCE NO. 9600 (Cont.) - 5 - Grand Island Council Session - 9/27/2016 Page 54 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item F-2 #9605 - Consideration of Vacation of Sanitary Sewer Easement in Miracle Valley Second Subdivision (Joseph M & Lori J Brown – 2807 N Engleman Road & Randall J & Brenda S Skarka – 2819 N Engleman Road) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/27/2016 Page 55 / 272 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 27, 2016 Subject:Consideration of Vacation of Sanitary Sewer Easement in Miracle Valley Second Subdivision (Joseph M & Lori J Brown – 2807 N Engleman Road & Randall J & Brenda S Skarka – 2819 N Engleman Road) Presenter(s):John Collins PE, Public Works Director Background A sanitary sewer easement was dedicated with the plat of Miracle Valley Second Subdivision and filed with Hall County Register of Deeds on May 29, 2009 as Document No. 200904160. This sanitary sewer easement is no longer needed. Discussion The property owners, Joseph M & Lori J Brown, are requesting to vacate such dedicated sanitary sewer easement within Miracle Valley Second Subdivision. There are no utilities currently within this easement that will be affected by the vacation. The attached sketch details the referenced easement to be vacated. 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 pass an ordinance vacating the sanitary sewer easement located in Miracle Valley Second Subdivision. Sample Motion Move to pass an ordinance vacating the easement. Grand Island Council Session - 9/27/2016 Page 56 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9605 An ordinance to vacate an existing sanitary sewer easement and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That existing sanitary sewer easement located in Miracle Valley Second Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Lot 1- Beginning at the northwest corner of Lot One (1), Miracle Valley Second Subdivision, point being Thirty Five (35.0) feet east and Twenty (20.0) feet south to an existing easement and being the point of beginning; thence south and parallel with the west line and Thirty Five (35.0) feet east of said Lot One (1) a distance of One Hundred Thirteen and Five Tenths (113.5); thence east along the south line of said Lot One (1) a distance of Twenty (20.0) feet, thence northerly a distance of One Hundred Thirteen and Five Tenths (113.5) feet to a point on the southerly line of a Twenty (20.0) foot easement, thence west a distance of Twenty (20.0) feet to the point of beginning. Lot 2- Beginning at the northwest corner of Lot Two (2), Miracle Valley Second Subdivision; thence easterly and along the north line of Lot Two (2) a distance of Thirty Five (35.0) feet to the point Grand Island Council Session - 9/27/2016 Page 57 / 272 ORDINANCE NO. 9605 (Cont.) - 2 - of beginning; thence south and parallel with the west line and Thirty Five (35.0) feet east of said Lot Two (2) a distance of Two Hundred Sixty Eight and Twenty Four Hundredths (268.24) feet to an existing Eight (8.0) foot easement; thence east along the north line of the existing Eight (8.0) foot easement distance of Twenty (20.0) feet, thence north parallel to the west line of said Lot Two (2) a distance of Two Hundred Sixty Eight and Twenty Four Hundredths (268.24) feet to the north line of said Lot Two (2), thence west Twenty (20.0) feet to the point of beginning. is hereby vacated. Such easement to be vacated is shown and more particularly described on Easement Vacation Exhibit 1 attached hereto. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 27, 2016 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 58 / 272 Grand Island Council Session - 9/27/2016 Page 59 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item F-3 #9606 - Consideration of Approving Salary Ordinance Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 9/27/2016 Page 60 / 272 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:September 27, 2016 Subject:Salary Ordinance Presenter(s):Aaron Schmid, Human Resources Director Background The salary ordinance for employees of the City of Grand Island comes before Council when changes are necessary. The following explains the changes to the salary ordinance. Discussion The City Of Grand Island (City) maintains a labor agreement with the International Brotherhood of Electrical Workers (IBEW) Local 1597 (Utilities Department). An amendment to the labor agreement presented to Council on September 27, 2016 creates the position of Utilities Groundman. The proposed salary ordinance would reflect the amendment changes. 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 Salary Ordinance # 9606. Sample Motion Move to approve Salary Ordinance #9606. Grand Island Council Session - 9/27/2016 Page 61 / 272 Approved as to Form ¤ ___________ September 21, 2016 ¤ City Attorney ORDINANCE NO. 9606 An ordinance to amend Ordinance 9599 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to rename the non-union position of Assistant Utilities Director – Distribution to Assistant Utilities Director – Engineering/Business Operations; to amend the salary ranges of non-union employees; to add the position and salary range of Utility Groundman to the IBEW Utilities labor agreement; to amend the salary ranges of employees covered under the IBEW Utilities, IBEW Finance, IBEW Wastewater and the IBEW Service Clerical labor agreements; to amend the salary ranges of employees covered under the IAFF labor agreement; and to repeal those portions of Ordinance No. 9599 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 24.3126/35.4090 Exempt Accounting Technician – Solid Waste 19.5260/24.4854 40 hrs/week Assistant to the City Administrator 22.9200/32.2648 Exempt Grand Island Council Session - 9/27/2016 Page 62 / 272 ORDINANCE NO. 9606 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Assistant Finance Director 32.9968/47.6559 Exempt Assistant Public Works Director / Manager of Engineering Services 37.7743/54.2593 Exempt Assistant Utilities Director – Engineering/Business Operations 50.8928/72.7995 Exempt Assistant Utilities Director – Production 52.8344/75.1064 Exempt Assistant Utilities Director – Transmission 52.8344//77.2019 Exempt Attorney 31.9363/47.4075 Exempt Biosolids Technician 19.3682/28.7671 40 hrs/week Building Department Director 34.3474/50.2154 Exempt CADD Operator 21.1060/30.3529 40 hrs/week Cemetery Superintendent 24.2651/35.3204 Exempt City Administrator 69.4139/81.0483 Exempt City Attorney 46.6266/62.8430 Exempt City Clerk 31.1918/41.9708 Exempt Civil Engineer I 30.0101/42.6444 Exempt Civil Engineer II 34.0560/49.0428 Exempt Civil Engineering Manager – Utility PCC 42.4840/56.4371 Exempt Collection System Supervisor 24.4720/35.1373 40 hrs/week Community Service Officer – Part time 16.0216/21.8416 40 hrs/week Custodian – Library, Police 14.2258/20.3715 40 hrs/week Customer Service Representative – Part time 9.8850/13.6081 40 hrs/week Customer Service Team Leader 19.8856//27.2214 Exempt Electric Distribution Superintendent 36.9413//51.1559 Exempt Electric Distribution Supervisor 31.1960//42.9612 40 hrs/week Electric Underground Superintendent 32.8985//45.5663 Exempt Electrical Engineer I 28.4483/41.1268 Exempt Electrical Engineer II 32.9968/47.6559 Exempt Emergency Management Deputy Director 26.7273/38.8064 Exempt Emergency Management Director 38.0388/55.2138 Exempt Engineer I – Public Works 30.9998//44.0430 Exempt Engineer I – WWTP 30.9998/43.6156 Exempt Engineering Technician - WWTP 21.0571/29.0698 40 hrs/week Equipment Operator - Solid Waste 18.2915/26.2408 40 hrs/week Finance Director 43.2640/65.9135 Exempt Grand Island Council Session - 9/27/2016 Page 63 / 272 ORDINANCE NO. 9606 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Finance Operations Supervisor 22.8303/31.8219 Exempt Fire Chief 42.6060/64.1018 Exempt Fire EMS Division Chief 36.1441/51.3723 Exempt Fire Operations Division Chief 36.1441/51.3723 Exempt Fire Prevention Division Chief 35.3704/49.2884 Exempt Fleet Services Shop Foreman 24.0828/35.9580 40 hrs/week GIS Coordinator - PW 28.2416/41.1809 40 hrs/week Golf Course Superintendent 24.8718/35.8958 Exempt Grounds Management Crew Chief – Cemetery 20.9033/30.2816 40 hrs/week Grounds Management Crew Chief – Parks 22.2415/31.8399 40 hrs/week Human Resources Director 38.1420/54.6416 Exempt Human Resources Benefits/Risk Mgmt Coordinator 23.1524/34.2574 40 hrs/week Human Resources Recruiter 23.1524/34.2574 40 hrs/week Human Resources Specialist 23.1524/34.2574 40 hrs/week Information Technology Manager 37.0143/55.8684 Exempt Legal Secretary 20.6847/27.9549 40 hrs/week Librarian I 22.8301/27.6438 Exempt Librarian II 25.4900/31.0018 Exempt Library Assistant I 13.2925/19.2105 40 hrs/week Library Assistant II 16.4269/23.2552 40 hrs/week Library Assistant Director 33.0625/50.6375 Exempt Library Director 41.1416/61.9101 Exempt Library Page 9.4500/13.0367 40 hrs/week Library Secretary 16.3489/22.6524 40 hrs/week Maintenance Worker – Golf 15.9582/24.9970 40 hrs/week Meter Reader Supervisor 22.8303/29.4775 Exempt MPO Program Manager 24.7948//37.2171 Exempt Office Manager – Police Department 19.3355/27.8150 40 hrs/week Parks and Recreation Director 41.3888/62.9729 Exempt Parks Superintendent 30.8275/43.7165 Exempt Payroll Specialist 19.9220/28.1091 40 hrs/week Planning Director 39.3374/59.4009 Exempt Police Captain 36.2358/52.2150 Exempt Police Chief 44.9146/64.1018 Exempt Grand Island Council Session - 9/27/2016 Page 64 / 272 ORDINANCE NO. 9606 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Maintenance Supervisor 34.5020/46.6150 Exempt Power Plant Operations Supervisor 36.6273/50.6401 Exempt Power Plant Superintendent – Burdick 41.4575/57.0760 Exempt Power Plant Superintendent – PGS 47.7943/65.7695 Exempt Public Information Officer 27.4354/40.9095 Exempt Public Works Director 44.5283/66.3350 Exempt Public Works Engineer 32.3635/46.7971 Exempt Receptionist 15.7641/24.1323 40 hrs/week Recreation Coordinator 22.8296/32.5196 Exempt Recreation Superintendent 31.4938/47.9823 Exempt Regulatory and Environmental Manager 38.1989/48.9803 Exempt Senior Electrical Engineer 37.4510/52.1496 Exempt Senior Public Safety Dispatcher 19.3681/25.9995 40 hrs/week Senior Utility Secretary 18.7632/24.0633 40 hrs/week Shooting Range Superintendent 27.5615/41.5311 Exempt Solid Waste Division Clerk - Full Time 19.0241/24.0447 40 hrs/week Solid Waste Division Clerk - Part Time 16.9388/21.8338 40 hrs/week Solid Waste Foreman 22.0816/30.8341 40 hrs/week Solid Waste Superintendent 32.1728/47.4535 Exempt Street Superintendent 30.5923/44.6933 Exempt Street Foreman 23.4658/34.1031 40 hrs/week Turf Management Specialist 22.3531/31.6433 40 hrs/week Utilities Director 72.3810/96.4843 Exempt Utility Production Engineer 36.9261/54.4330 Exempt Utility Warehouse Supervisor 26.1175/36.7494 40 hrs/week Victim Assistance Unit Coordinator 15.9750/23.3035 40 hrs/week Victim/Witness Advocate 14.6433/21.3609 40 hrs/week Wastewater Plant Chief Operator 23.4439/32.8585 40 hrs/week Wastewater Plant Engineer 33.6168/49.7621 Exempt Wastewater Plant Operations Engineer 32.4735/47.8596 Exempt Wastewater Plant Maintenance Supervisor 24.9808/35.3205 40 hrs/week Wastewater Plant Regulatory Compliance Manager 32.4759/38.7699 Exempt Water Superintendent 31.0260/45.3774 Exempt Water Supervisor 24.5083/35.6579 40 hrs/week Grand Island Council Session - 9/27/2016 Page 65 / 272 ORDINANCE NO. 9606 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Seasonal 9.0000/20.0000 Exempt Worker / Seasonal 9.0000/20.0000 40 hrs/week Worker / Temporary 9.0000/20.0000 40 hrs/week Worker / Parks & Recreation Part time 9.0000/20.0000 40 hrs/week A shift differential of $0.25 per hour shall be added to the base hourly wage for persons in the employee classification Senior Public Safety Dispatcher who work any hours or portion thereof that begins between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 19.2927/28.5794 40 hrs/week Fleet Services Mechanic 21.5575/31.9391 40 hrs/week Horticulturist 22.0953/32.7942 40 hrs/week Maintenance Worker – Cemetery 18.2409/27.0444 40 hrs/week Maintenance Worker – Parks 17.9931/26.6925 40 hrs/week Maintenance Worker – Streets 17.9849/26.6613 40 hrs/week Senior Equipment Operator – Streets 20.7054/30.7097 40 hrs/week Senior Maintenance Worker – Streets 20.5626/30.4979 40 hrs/week Traffic Signal Technician 20.4204/30.2871 40 hrs/week Grand Island Council Session - 9/27/2016 Page 66 / 272 ORDINANCE NO. 9606 (Cont.) - 6 - SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 17.1747/22.7274 40 hrs/week Cashier 16.1078/21.9496 40 hrs/week Custodian 17.3168/20.4487 40 hrs/week Electric Distribution Crew Chief 33.1338/42.1399 40 hrs/week Electric Underground Crew Chief 33.1338/42.1399 40 hrs/week Engineering Technician I 20.2823/29.0202 40 hrs/week Engineering Technician II 25.0730/34.3783 40 hrs/week Instrument Technician 30.7736/40.6546 40 hrs/week Lineworker Apprentice 22.3011/32.7003 40 hrs/week Lineworker First Class 32.5714/38.5227 40 hrs/week Materials Handler 24.0652/32.2588 40 hrs/week Meter Reader 18.6488/24.3187 40 hrs/week Meter Technician 25.1338/31.0630 40 hrs/week Payroll Clerk 17.1747/22.7274 40 hrs/week Power Dispatcher I 29.1939/40.5910 40 hrs/week Power Dispatcher II 30.6628/42.6266 40 hrs/week Power Plant Maintenance Mechanic 29.7946/37.0998 40 hrs/week Power Plant Operator 32.6470/38.0280 40 hrs/week Senior Accounting Clerk 19.1655/25.1053 40 hrs/week Senior Engineering Technician 32.6595/39.9680 40 hrs/week Senior Materials Handler 29.1633/38.0396 40 hrs/week Senior Meter Reader 22.0869/26.2145 40 hrs/week Senior Power Dispatcher 36.5342/50.1352 40 hrs/week Senior Power Plant Operator 35.7892/45.8804 40 hrs/week Senior Substation Technician 39.6994/41.1455 40 hrs/week Senior Water Maintenance Worker 24.3938/32.1211 40 hrs/week Grand Island Council Session - 9/27/2016 Page 67 / 272 ORDINANCE NO. 9606 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Substation Technician 36.7512/38.2101 40 hrs/week Systems Technician 32.3881/41.1455 40 hrs/week Tree Trim Crew Chief 29.8621/37.0845 40 hrs/week Utility Electrician 28.6586/37.6629 40 hrs/week Utility Groundman 20.0000/28.0000 40 hrs/week Utility Technician 27.7195/38.9914 40 hrs/week Utility Warehouse Clerk 21.5966/26.6451 40 hrs/week Water Maintenance Worker 19.9348/27.5678 40 hrs/week Wireworker I 23.48 81/33.2122 40 hrs/week Wireworker II 32.5714/38.5227 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 20.3647/31.1988 Police Sergeant 25.4884/38.2746 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, Grand Island Council Session - 9/27/2016 Page 68 / 272 ORDINANCE NO. 9606 (Cont.) - 8 - vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of thirty (30) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the Training and Special Events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the Training and Special Events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 19.9429/27.6524 212 hrs/28 days Firefighter / EMT 15.1020/21.9163 212 hrs/28 days Firefighter / Paramedic 17.0188/24.0361 212 hrs/28 days Life Safety Inspector 22.9354/32.5426 40 hrs/week Grand Island Council Session - 9/27/2016 Page 69 / 272 ORDINANCE NO. 9606 (Cont.) - 9 - Shift Commander 24.3197/31.8276 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) for an entire 24 hour shift, the employee will receive an additional fifty cents ($.50) per hour. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 17.4298/24.5254 40 hrs/week Equipment Operator – WWTP 18.0428/25.3881 40 hrs/week Maintenance Mechanic I 18.4488/25.9593 40 hrs/week Maintenance Mechanic II 21.1658/29.7825 40 hrs/week Maintenance Worker – WWTP 18.9035/26.5992 40 hrs/week Wastewater Clerk 14.8892/20.9503 40 hrs/week Wastewater Plant Laboratory Technician 19.8728/27.9629 40 hrs/week Wastewater Plant Operator I 17.6136/24.7844 40 hrs/week Wastewater Plant Operator II 19.6465/27.6448 40 hrs/week Employees covered under the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work swing shift will receive an additional 15 cents ($0.15) per hour; employees who are regularly scheduled to work graveyard shift will receive an additional 25 Grand Island Council Session - 9/27/2016 Page 70 / 272 ORDINANCE NO. 9606 (Cont.) - 10 - cents ($0.25) per hour for wages attributable to those shifts. One lead Maintenance Worker covered under the IBEW Wastewater Treatment Plant labor agreement may receive forty dollars ($40) per pay period stipend. SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-Service/Clerical labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 18.4474/24.6252 40 hrs/week Accounts Payable Clerk 17.1226/24.7731 40 hrs/week Administrative Assistant 18.9977/27.2480 40 hrs/week Administrative Assistant - Parks 18.7801/26.6898 40 hrs/week Audio Video Technician 18.9071/26.6730 40 hrs/week Building Inspector 21.7593/30.8738 40 hrs/week Community Development Administrator 20.6968/29.7579 40 hrs/week Community Development Specialist 18.9977/27.2480 40 hrs/week Computer Operator 22.7520/29.9089 40 hrs/week Community Service Officer 16.0216/21.8416 40 hrs/week Computer Programmer 23.6772/34.6995 40 hrs/week Computer Technician 23.4344/30.8067 40 hrs/week Crime Analyst 20.7194/29.4144 40 hrs/week Electrical Inspector 21.7593/30.8738 40 hrs/week Emergency Management Coordinator 18.7801/26.6898 40 hrs/week Engineering Technician – Public Works 21.2585/29.9816 40 hrs/week Evidence Technician 16.5199/24.1747 40 hrs/week Finance Secretary 16.8826/23.9929 40 hrs/week GIS Coordinator 26.5496/37.2543 40 hrs/week Maintenance Worker I – Building, Library 16.4879/22.3139 40 hrs/week Grand Island Council Session - 9/27/2016 Page 71 / 272 ORDINANCE NO. 9606 (Cont.) - 11 - Maintenance Worker II – Building, Police 17.3754/23.5542 40 hrs/week Planning Technician 23.2256/32.6774 40/hrs/week Plans Examiner 22.5088/31.9374 40 hrs/week Plumbing Inspector 21.7593/30.8738 40 hrs/week Police Records Clerk – Full Time 15.1442/21.0800 40 hrs/week Public Safety Dispatcher 16.5289/24.1441 40 hrs/week Shooting Range Operator 22.8260/30.9411 40 hrs/week Stormwater Program Manager 21.5743/30.4270 40 hrs/week Utility Secretary 16.8826/23.9929 40 hrs/week A shift differential of $0.15 per hour shall be added to the base hourly wage for persons in the employee classification Public Safety Dispatcher who work any hours or a portion thereof between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of $0.25 per hour shall be added to the base hourly wage for persons who work rotating shifts covered by the IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator. SECTION 8. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. All employees covered by the IAFF labor agreement, except Life Safety Inspector, will be credited five hundred twenty-five dollars ($525) annual credit to be used for the purchase of the uniform item purchases as needed. New hires will receive four hundred dollars ($400) credit for the purchase of initial uniforms. After probation they shall receive an additional five Grand Island Council Session - 9/27/2016 Page 72 / 272 ORDINANCE NO. 9606 (Cont.) - 12 - hundred dollars ($500) for the purchase of a Class A uniform or other items as necessary. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary of $25.00 per pay period. If any such employee covered by the FOP labor agreements shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. New employees covered by the IBEW – Utilities labor agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one- time reimbursement up to $1,200 to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to $600 annually. The non-union position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of $600 to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of $350. Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Employees covered by the IBEW Service/Clerical labor agreement in the Community Service Officer Full Time position shall be paid a uniform allowance at the rate of $10.00 per pay period. Employees in the non-union Community Service Officer Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed $10.00 per pay period. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08 per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing allowance of $650.00 per year, divided into 26 pay periods. Grand Island Council Session - 9/27/2016 Page 73 / 272 ORDINANCE NO. 9606 (Cont.) - 13 - Non-union employees and employees covered by the FOP labor agreement, the IAFF labor agreement, the IBEW Utilities, Finance, Service/Clerical and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed $1,500 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities labor agreement shall be allowed a meal allowance for actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by the IBEW labor agreements and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay 60% of the actual cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Grand Island Council Session - 9/27/2016 Page 74 / 272 ORDINANCE NO. 9606 (Cont.) - 14 - Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of $15 biweekly. The City will reimburse 60% of the actual cost of providing up to 2 pairs of steel toe or safety toe boots that meets the ANSI standard per contract year for employees covered by the IBEW Wastewater Treatment Plant labor agreement. SECTION 9. Employees shall be compensated for unused medical leave as follows: (A) All employees covered in the IBEW Utilities labor agreements shall be paid for forty-seven percent (47%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed four hundred eighty- eight and one third hours (calculated at 47% x 1,039 hours = 488.33 hours), the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement, with the exception of Life Safety Inspector, shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred ninety- eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Service/Clerical, IBEW Finance, and IBEW Grand Island Council Session - 9/27/2016 Page 75 / 272 ORDINANCE NO. 9606 (Cont.) - 15 - Wastewater Treatment Plant labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for twenty-five percent (25%) of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed 334.75 hours (calculated at 25% x 1,339 hours = 334.75 hours.) Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees hired before October 1, 2014 covered by the AFSCME labor agreement shall be paid thirty-five (35%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred sixty-eight and sixty-five hundredths hours (calculated at 35% x 1339 hours = 468.65 hours). Employees hired on or after October 1, 2014, covered by the AFSCME labor agreement will not receive compensation at retirement for unused medical leave. All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred eighty hours (calculated at 37.5% x 1,280 hours = 480 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave Grand Island Council Session - 9/27/2016 Page 76 / 272 ORDINANCE NO. 9606 (Cont.) - 16 - bank at the time of their death, not to exceed six hundred forty hours (50% x 1,280 hours = 640 hrs.), based on the employee’s salary at the time of their death. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of $30.00 per pay period. Employees represented by the IBEW Service/Clerical, IBEW Wastewater Treatment Plant, and IBEW Finance labor agreements shall have a contribution made on their behalf to the VEBA account of $15 per pay period. Employees represented by the IBEW Utilities labor agreement shall have a contribution made on their behalf to their VEBA account in the amount of $20.00 per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of $10 per pay period. SECTION 11. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. Grand Island Council Session - 9/27/2016 Page 77 / 272 ORDINANCE NO. 9606 (Cont.) - 17 - SECTION 12.The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law effective October 3, 2016. SECTION 13. Those portions of Ordinance No. 9599 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: September 27, 2016 ____________________________________ Jeremy L. Jensen, Mayor Attest:________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 78 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-1 Approving Minutes of September 13, 2016 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 9/27/2016 Page 79 / 272 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 13, 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 September 13, 2016. Notice of the meeting was given in The Grand Island Independent on September 7, 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, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Michelle Fitzke was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council Esdras Castaneda. INVOCATION was given by Pastor Tim Kilstrom, Spirit of Life Church, 2304 Macron Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Fred Tustin, Collection System Supervisor with the Wastewater Treatment Plant of the Public Works Department for 40 Years of Service with the City of Grand Island. Mayor Jensen and the City Council recognized Fred Tustin for his 40 years of service with the City. Mr. Tustin was present for the recognition. Recognition of Police Sergeant Dale Hilderbrand for 25 Years of Service with the Grand Island Police Department. Mayor Jensen and the City Council recognized Sergeant Dale Hilderbrand for his 25 years of service with the Grand Island Police Department. Sergeant Hilderbrand was present for the recognition. BOARD OF EQUALIZATION: Motion by Donaldson, second by Minton to adjourn to the Board of Equalization. Motion adopted. #2016-BE-5 (B) - Consideration of Determining Benefits for Downtown Business Improvement District 2013. Finance Director Renae Griffiths reported that the City Council in its capacity as the Board of Equalization was required to determine the benefits for Downtown BID 2013. Special assessments were for the amount of $97,828.62 (70%) or $98,345.04 (100%). Presented were two Resolutions with the 70% and 100% assessment for owner occupied residents. Veronica Zuniga, 120 West Koenig Street requested the lower assessment. Motion by Donaldson, second by Nickerson to approve Resolution #2016-BE-5 (B). Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 9/27/2016 Page 80 / 272 Page 2, City Council Regular Meeting, September 13, 2016 RETURN TO REGULAR SESSION: Motion by Hehnke, second by Paulick to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from Steadfast Builders, LLC for a Conditional Use Permit for Parking a Food Trailer on the South Side of the Building Located at 1504 North Eddy Street. Building Department Director Craig Lewis reported that an application had been received from Steadfast Builders, LLC for a Conditional Use Permit to allow for a temporary food trailer on the south side of the building located at 1504 North Eddy Street. Staff recommended approval for one year. Lowell Poland, 1512 No. Eddy Street spoke in support. No further public testimony was heard. Public Hearing on Request from David and Debra McMullen for a Conditional Use Permit to Allow Construction of a New House while Living in the Existing House located at 3225 N. Webb Road. Building Department Director Craig Lewis reported that an application had been received from David and Debra McMullen for a Conditional Use Permit to allow for the construction of a new house while they lived in the existing house located at 3225 N. Webb Road. Staff recommended approval for one year. David McMullen, 3225 N. Webb Road spoke in support. Paul Wicht, 1708 Jerry Drive questioned the process. No further public testimony was heard. Public Hearing on Request from Steve and Beckie Glause for a Conditional Use Permit for a 99’ Monopole for Wireless Telecom located at 235 Roberts Road. Building Department Director Craig Lewis reported that an application had been received from Verizon Wireless on behalf of Steve and Beckie Glause for a Conditional Use Permit for a 99’ Telecommunication Tower located at 235 W. Roberts Road. Staff recommended. Jeffrey Skinner representing Verizon Wireless spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement - 804 W. Stolley Park Road (Hall County School District 2). Utilities Director Tim Luchsinger reported acquisition of a utility easement located at 804 W. Stolley Park Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would provide for underground electric line which would replace the existing overhead connection between two power lines. The relocation was necessary to accommodate the new traffic signals at Adams Street and Stolley Park Road. Staff recommended approval. No public testimony was heard. Public Hearing on Budget Amendment for Community Development Block Grant 13-CR-002, 13-CR-102 and 14-CR-002. Community Development Specialist Charley Falmlen reported that the proposed budget amendments would move all remaining funds from all Comprehensive Revitalization grants into the “Public Facilities” category which would accommodate the National Objectives for such work as that of Lions Club Park and the ADA Ramps. Staff recommended approval. No public testimony was heard. Public Hearing on Proposed Fiscal Year 2016-2017 City of Grand Island and Community Redevelopment Authority (CRA) Budgets (Cont.). Finance Director Renae Griffiths reviewed Grand Island Council Session - 9/27/2016 Page 81 / 272 Page 3, City Council Regular Meeting, September 13, 2016 changes to the FY2016-2017 Budget. Staff recommended approval. No public testimony was heard. Public Hearing on Establishing Rates for the General Property Occupation Tax for Downtown Parking District No. 1 for FY 2016-2017. Finance Director Renae Griffiths reported this was the annual Council action to establish the occupation tax for Downtown Improvement and Parking District No. 1. FY 2016-2017 occupation tax factor was $.1563 per square foot and would provide taxes of $38,142.85. Staff recommended approval. No public testimony was heard. Public Hearing on General Property, Downtown Improvement Parking District #2 (Ramp) and Community Redevelopment Authority (CRA) Tax Request for FY 2016-2017. Finance Director Renae Griffiths reported that state statutes required the City to conduct a public hearing if the property tax request changes from one year to the next. Property tax request for FY 2016-2017 general property tax was $9,509,021, Parking District No. 2 at $8,000, and the Community Redevelopment Authority property tax at $762,834. Staff recommended approval. No public testimony was heard. Public Hearing on Annual Report by the Grand Island Area Economic Development Corporation/Citizen Advisory Review Committee on the Economic Development Program Plan. Dehn Renter, member of the Citizen Advisory Review Committee (CARC) stated the CARC had met and recommended approval of the EDC Annual Report. Dave Taylor, president of Grand Island Area Economic Development Corporation (GIAEDC) gave the annual report. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Right-of-Way in N ½ SW ¼ SW ¼ Section 27-11-9; 3205 S Locust Street (Milton Motels, LLC). Public Works Director John Collins reported that acquisition of public right-of-way was needed to allow for the development of Talon Apartments First Subdivision located at 3205 South Locust Street. Staff recommended approval. No public testimony was heard. ORDINANCES: #9600 - Consideration of Annexation of Property Proposed for Platting as Caldwell Subdivision an Addition to the City of Grand Island located at the South East Corner of Shady Bend Road and Seedling Mile Road (Second Reading). Motion by Paulick, second by Minton to approve Ordinance #9600 on second reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9601 - Consideration of Creation of Water Main District 469T - Engleman Road from Stolley Park Road, North 1/2 Mile #9602 - Consideration of Assessments for Downtown Business Improvement District 2013 #9603 - Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement Parking District No. 1 Grand Island Council Session - 9/27/2016 Page 82 / 272 Page 4, City Council Regular Meeting, September 13, 2016 #9604 - Consideration of Approving FY 2016-2017 Annual Single City Budget and the Annual Appropriations Bill be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Stelk seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9601 - Consideration of Creation of Water Main District 469T - Engleman Road from Stolley Park Road, North 1/2 Mile Utilities Director Tim Luchsinger reported that the proposed Water Main District 469T was an integral part of the Master Plan in order to link between the supply, storage and distribution components of the system. The project would provide a new water main along Engleman Road from Stolley Park Road, north for ½ mile, and connect to the existing piping. The construction completes the westerly backbone of the water system. Motion by Minton, second by Jones to approve Ordinance #9601. City Clerk: Ordinance #9601 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9601 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 #9601 is declared to be lawfully adopted upon publication as required by law. #9602 - Consideration of Assessments for Downtown Business Improvement District 2013 Motion by Donaldson, second by Stelk to approve Ordinance #9602 (B). City Clerk: Ordinance #9602 (B) on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9602 (B) 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 #9602 (B) is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 9/27/2016 Page 83 / 272 Page 5, City Council Regular Meeting, September 13, 2016 #9603 - Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement Parking District No. 1 Motion by Paulick, second by Hehnke to approve Ordinance #9603. City Clerk: Ordinance #9603 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9603 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 #9603 is declared to be lawfully adopted upon publication as required by law. #9604 - Consideration of Approving FY 2016-2017 Annual Single City Budget and the Annual Appropriations Bill Mayor Jensen commented on the quality of the leadership team. He committed to a balanced General Fund budget for 2017-2018. Motion by Nickerson, second by Paulick to approve Ordinance #9604. City Clerk: Ordinance #9604 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Donaldson, Hehnke, Jones, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. City Clerk: Ordinance #9604 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Donaldson, Hehnke, Jones, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9604 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Stelk, second by Jones to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 23, 2016 City Council Regular Meeting. Approving Re-appointment of Tom Gdowski to the Community Redevelopment Authority (CRA) Board. #2016-210 - Approving Acquisition of Utility Easement - 804 W. Stolley Park Road - Hall County School District 2. Grand Island Council Session - 9/27/2016 Page 84 / 272 Page 6, City Council Regular Meeting, September 13, 2016 #2016-211 - Approving Budget Amendment and Contract Extension for Community Development Block Grant 13-CR-002, 13-CR-104 and 14-CR-002 (4th Street & Lion's Club Park). #2016-212 - Approving Designating Portions of Jefferson Street and 3rd Street at 1306 West 3rd Street as No Parking. #2016-213 - Approving Certificate of Final Completion for South Locust Traffic Signal Relocation; Project No. 2016-TS-1 with Heartland Electric Company of Grand Island, Nebraska. #2016-214 - Approving Certificate of Final Completion for the 2015 Asphalt Resurfacing Project No. 2015-AC-1 with J.I.L. Asphalt Paving Co., Inc. of Grand Island, Nebraska. #2016-215 - Approving Change Order No. 1 for Annual Pavement Markings for the Streets Division of the Public Works Department with Straight-Line Striping, Inc. of Grand Island, Nebraska for an Increase of $17,000.00 and a Revised Contract Amount of $94,918.00. #2016-216 - Approving Certificate of Final Completion for Community Development Block Grant Handicap Ramps 4th to 5th Streets; Sycamore Street to Eddy Street; Project No. 2014-2G (Prairie Land Construction, Inc.) with Prairie Land Construction, Inc., of Loomis, Nebraska. #2016-217 - Approving Acquisition of Public Right-of-Way in N ½ SW ¼ SW ¼ Section 27-11- 9; 3205 S Locust Street (Milton Motels, LLC). REQUESTS AND REFERRALS: Consideration of a Request from Steadfast Builders, LLC for a Conditional Use Permit for Parking a Food Trailer on the South Side of the Building Located at 1504 North Eddy Street. This item was related to the aforementioned Public Hearing. Discussion was held regarding maintaining the property and parking lot space. Lowell Poland stated they eventually would like to operate a restaurant out of the existing building. Motion by Paulick, second by Minton to approve for one year. Upon roll call vote, all voted aye. Motion adopted. Consideration of a Request from David and Debra McMullen for a Conditional Use Permit to Allow Construction of a New House while Living in the Existing House located at 3225 N. Webb Road. This item was related to the aforementioned Public Hearing. Motion by Nickerson, second by Hehnke to approve for one year. Upon roll call vote, all voted aye. Motion adopted. Consideration of a Request from Verizon Wireless on behalf of Steve and Beckie Glause for a Conditional Use Permit for a 99’ Monopole for Wireless Telecom located at 235 Roberts Road. This item was related to the aforementioned Public Hearing. Grand Island Council Session - 9/27/2016 Page 85 / 272 Page 7, City Council Regular Meeting, September 13, 2016 Motion by Nickerson, second by Donaldson to approve with a lighted tower. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2016-218 - Consideration of Approving General Property, Downtown Improvement Parking District #2 (Ramp) and Community Redevelopment Authority (CRA) Tax Request for FY 2017. This item was related to the aforementioned Public Hearing. Motion by Paulick, second by Minton to approve Resolution #2016-218. Upon roll call vote, all voted aye. Motion adopted. #2016-219 - Consideration of Approving 1% Increase to the Restricted Revenues Lid Limit. Finance Director Renae Griffiths reported that in 1998 the Nebraska State Legislature passed LB 989 which put a lid on the amount of restricted revenues a political subdivision could budget for. The restricted revenues that the City of Grand Island included in the budget were: Property Taxes, Local Option Sales Tax, Motor Vehicle Tax, Highway Allocation and Municipal Equalization Funds. The additional 1% increase for FY 2016-2017 State of Nebraska budget report would increase the prior year restricted revenues base by $294,784.01. This increase in restricted funds authority was not an increase in budgeted revenues or authorized expenditures. It only provided the ability to increase restricted revenues in order to budget all restricted revenue funding sources each budget year. Motion by Jones, second by Minton to approve Resolution #2016-219. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Donaldson, Hehnke, Jones, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. #2016-220 - Consideration of Approving the Annual Report by the Grand Island Area Economic Development Corporation/Citizen Advisory Review Committee on the Economic Development Program Plan. This item was related to the aforementioned Public Hearing. Motion by Donaldson, second by Minton to approve Resolution #2016-220. Upon roll call vote, all voted aye. Motion adopted. #2016-221 - Consideration of Approving Funding for Grand Island Area Economic Development Corporation. Economic Development President Dave Taylor presented the application for funding $350,000 to the Grand Island Area Economic Development Corporation. Motion by Stelk, second by Paulick to approve Resolution #2016-221. Upon roll call vote, all voted aye. Motion adopted. #2016-222 - Consideration of Approving Economic Development Incentive Agreement with Borer Wholesale, 147 East Roberts Street. Economic Development President Dave Taylor presented the LB840 Incentive Agreement for Borer Wholesale, 147 East Roberts Street in the amount of $117,000.00 to create 8 additional full-time employees. Borer Wholesale is an existing business of wholesale supplier of irrigation, municipal and industrial line shaft turbine pumps and a repair center for irrigation pumps. They currently have 10 employees. The company Grand Island Council Session - 9/27/2016 Page 86 / 272 Page 8, City Council Regular Meeting, September 13, 2016 intends to expand their market share by conducting more municipal and industrial work and increasing their presence in the export market. Motion by Donaldson, second by Hehnke to approve Resolution #2016-222. Upon roll call vote, all voted aye. Motion adopted. #2016-223 - Consideration of Approving Economic Development Incentive Agreement with Inland Truck Parts Company, 4400 College Boulevard, Suite 145, Overland Park, Kansas. Economic Development President Dave Taylor presented the LB840 Incentive Agreement for Inland Truck Parts Company, 4400 College Boulevard, Suite 145, Overland Park, Kansas in the amount of $197,000.00 to create 20 new full-time employees. Inland Truck Parts Company will be located at the Platte Valley Industrial Park, Lot #16. They are one of the country’s largest after-market wholesale truck parts distributors and shop service providers in the U.S. They are 100% employee owned with approximately 650 employee owners in 28 locations. Motion by Paulick, second by Jones to approve Resolution #2016-223. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Donaldson, second by Hehnke to approve the Claims for the period of August 24, 2016 through September 13, 2016 for a total amount of $6,311,213.44. Unanimously approved. OTHER ITEMS: ADJOURN TO EXECUTIVE SESSION: Motion by Paulick, second by Hehnke to adjourn to Executive Session at 8:51 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 Donaldson, second by Hehnke to return to Regular Session at 9:47 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:47 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/27/2016 Page 87 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-2 Approving Minutes for September 20, 2016 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 9/27/2016 Page 88 / 272 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION September 20, 2016 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on September 20, 2016. Notice of the meeting was given in the Grand Island Independent on September 14, 2016. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following Councilmembers were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Miranda Keiper. INVOCATION was given by Community Youth Council member Miranda Keiper followed by the PLEDGE OF ALLEGIANCE. SPECIAL ITEMS: General and Financial Information on Food & Beverage Occupation Tax. City Administrator Marlan Ferguson stated the Food and Beverage Tax had been in place since July 2016 with estimated revenue of $2 million. Kent Birnie, 1224 West Anna Street commented on his small business and the impact this tax would have on his business. Ron Depue, 208 North Locust Street commented on the Food and Beverage Oversight Tax Committee meeting last Thursday, September 15, 2016. Assistant Finance Director William Clingman stated it was the responsibility of the business owner to consult with a tax professional and/or the Nebraska Department of Revenue when figuring the food and beverage tax. The Food and Beverage tax rate was 1.5% and was applicable to food and beverages subject to Nebraska sales tax which included alcoholic beverages. Returns of the taxes were due by or must be postmarked on the 25th of the following month. Late returns were subject to a 10% penalty and interest of 1% for each month they were late. Reviewed was the history of the food and beverage tax total receipts since 2008. FY 2015-2016 total receipts were $1,718,878.80 through August 2016. Mr. Clingman gave an example of how to calculate the tax, what was subject to the tax and what was non-taxable. Occupation tax was subject to sales tax. The Finance Department was working with the restaurant owners in making sure the correct tax was collected. Grand Island Council Session - 9/27/2016 Page 89 / 272 Page 2, City Council Study Session, September 20, 2016 Currently there were three establishments on payment plans. The following three commercial establishments were past due: Uncle Ed’s Steakhouse, Carnivore’s, and McKinney’s. Mr. Clingman stated they had been working with the Health Department in identifying who had food permits and were required to pay the tax. Parks and Recreation Director Todd McCoy stated his department had a long list of worthwhile and overdue projects that could benefit from the food and beverage tax funding. The following four major projects were: Veterans Athletic Field Complex Expansion – expanding the Veterans Athletic Field Complex would alleviate scheduling conflict with local leagues and provide facilities to keep pace with the growing demand of area competitive sports teams. With the improvements, the complex would be a desirable location for state and regional tournaments. It was estimated that the annual expense to operate the additional fields was approximately $75,000 for staffing, fuel, fertilizer, electricity, weed control, equipment, etc. Island Oasis Expansion and Update – in 2004 an Aquatic Master Plan was completed recommending a dedicated children’s play pool be added to Island Oasis. In 2007 the City hired Water Technology and Olsson and Associates to design a children’s area project. Funding had not been available to complete the project. A budget of $1.7 million was estimated to complete a dedicated children’s wet play area at Island Oasis. It was estimated that the annual expense to operate the additional expansion was approximately $50,000 for staffing, additional pool chemicals, natural gas, electricity, and maintenance. Heartland Public Shooting Park 100-Meter Range – the immediate need to a new range is driven by the National 4-H Shooting Championships. The National 4-H Shooting Championships has continued to grow each year. The existing 100-meter range no longer meets their needs. Building a new range would also make HPSP more attractive to new regional and national events. Additionally, the range would enhance existing HPSP events like Zombies in the Heartland, American Marksman, Sportsman Team Challenge, Steel Challenge, and more. Engineers have estimated the new range to cost near $800,000. Second Large Baseball Field – the American Legion Baseball Field at Ryder Park is Grand Island’s only true large competitive baseball field. Since the addition of high school baseball and the explosion of select teams, Grand Island is in need of an additional 90’ base field. A new baseball field would accommodate more teams and take pressure off Ryder and Ashley fields. The new baseball field project including facilities is estimated to cost $750,000. Additionally, the Parks and Recreation Department had a number of ongoing needs for park updates, hike/bike trail expansion, and more. Below is a tentative list of potential projects to be completed in the next five years. 2016 Fieldhouse Turf $ 170,145 2017 Vet’s Soccer Concession/Bathroom Bldg $ 250,000 2017 Lions Park Irrigation $ 50,000 2017 Sterling Parks Phase 3 $ 150,000 2017 Misc: Replace Playground, Parking Lots, etc.$ 150,000 Grand Island Council Session - 9/27/2016 Page 90 / 272 Page 3, City Council Study Session, September 20, 2016 2018 Phase II Veterans Complex $1,500,000 2018 Replace Original Two Water Park Slides $ 300,000 2018 Island Oasis Expansion $1,700,000 2018 Sterling Park Phase 4 $ 150,000 2018 Misc: Replace Playground, Parking Lots, etc.$ 150,000 2018 Hike/Bike Trail Development $ 250,000 2019 HPSP 100 Meter Range $ 800,000 2019 Seawall Sucks Lake South Bank $ 200,000 2019 Baseball Field Ryder Park $ 750,000 2019 Grace Abbott Band Stand $ 100,000 2019 Hike/Bike Trail Development $ 75,000 2019 Misc: Replace Playground, Parking Lots, etc. $ 150,000 2020 George Park Field Upgrade $ 200,000 2020 Splash Pad $ 400,000 2020 Skate Park Upgrades $ 300,000 2020 Hike/Bike Trail Development $ 75,000 2020 Misc: Replace Playground, Parking Lots, etc. $ 150,000 2021 Misc: Replace Playground, Parking Lots, etc. $ 175,000 2021 Hike/Bike Trail Development $ 75,000 $8,270,145 City Administration was recommending the consideration of a ten year $5 million bond to fund the completion of the four major projects. Annual bond payments were estimated at $541,623. Conservative estimates show the food and beverage revenue would generate $6.25 million during the same time period. Discussion was held regarding the additional cost of maintaining these additional facilities which would require additional employees. Mentioned was the need for an indoor community pool and archery range. Kurt Haecker, 2604 Riverside Drive on behalf of the Executive Committee of Grow Grand Island presented a brief overview of Grow Grand Island. Their mission was to grow Grand Island, cultivate bold ideas that create business and quality of life opportunities in our region through planning, partnering and doing. The following goals were presented for Grow Grand Island: Help Existing Businesses Grow Assist & Nurture Entrepreneurial Culture Enhance Community Image & Marketing Activities Improve Educational Attainment that Align w/Employer Needs Continue to Develop our Community Assets Grow Grand Island, Inc. a non-profit organization was in the process of applying for a 501 c 3 status in order to accept funds from the City. Chamber of Commerce President Cindy Johnson explained the following Grow Grand Island (GGI) grant process: Grand Island Council Session - 9/27/2016 Page 91 / 272 Page 4, City Council Study Session, September 20, 2016 GGI finalizes project in committee Submits application (growgrandisland.com) App. Reviewed by GGI Grant Committee Grand Committee recommendation of GGI Exec. GGI Exec approves/denies/approves different $$$ GGI Exec. Reviews finances Grant App. Signed by GGI Exec. Chair, Grant Chair, Finance Chair, & authorized City Official (when applicable) Ms. Johnson stated there were currently 13 projects at a cost of $1,700,000. She also commented on the function of the Oversight Committee. It was to advise the public and city officials with regard to the food and beverage tax; confirm the food and beverage tax revenues are accounted for in the designated special revenue funds; and confirm the collected funds are being expended on eligible projects as provided by city ordinances. Husker Harvest Days was mentioned regarding funding from GGI and what the City could do to help keep this venue in Hall County. City Attorney Jerry Janulewicz explained the agreement between the City of Grand Island and Grow Grand Island, Inc. with regard to the Food and Beverage Tax. He stated the voter-approved ballot measure directed the occupation tax be used for the following community enhancements: 1. The annual financial commitment to the Nebraska State Fair as required by state law; 2. Promote entertainment, agricultural and livestock shows, trade shows and similar events that will attract visitors to Grand Island; 3. Ongoing enhancement and development of recreational and athletic facilities such as hike, bike and recreational trails, ball fields and other community activity needs; and 4. Invest in community development projects and activities that stimulate progress and growth for Grand Island. Grow Grand Island, Inc., a Nebraska nonprofit corporation (“GGI”), was organized and established through the effort of community minded individuals and organizations for the purpose of promoting, encouraging, and developing projects and programs to promote entertainment, agricultural and livestock shows, trade shows and similar events that would attract visitors to Grand Island and to invest in community development projects and activities that stimulate progress and growth for Grand Island. ADJOURNMENT: The meeting was adjourned at 8:39 p.m. RaNae Edwards City Clerk Grand Island Council Session - 9/27/2016 Page 92 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-3 Approving Re-appointments of Gail Yenny, Ray O’Connor, and Tom O’Neill and Appointment of Mike Schuster to the Citizens Advisory Review Committee Board Mayor Jensen has submitted the re-appointments of Gail Yenny, Ray O'Connor, and Tom O'Neill to the Citizens Advisory Review Committee board. He also has submitted the appointment of Mike Schuster to replace Ken Staab on this board. The appointments would become effective October 1, 2016 upon approval by the City Council and would expire on September 30, 2018. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 9/27/2016 Page 93 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-4 Approving Garbage Permits for Heartland Disposal and Mid- Nebraska Disposal, Inc. and Refuse Permits for Full Circle Rolloffs and O’Neill Transportation and Equipment LLC Staff Contact: RaNae Edwards Grand Island Council Session - 9/27/2016 Page 94 / 272 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:September 27, 2016 Subject:Approving Garbage and Refuse Haulers Permits Presenter(s):RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2015/2016: Heartland Disposal, 1839 East 4th Street Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle Rolloffs, 1839 East 4th Street Refuse O’Neill Transportation and Equipment, 7100 West Old Potash Hwy Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the renewal for garbage/refuse permits. 2.Disapprove or deny the renewals. 3.Modify the renewals to meet the wishes of the Council. 4.Table the issue Grand Island Council Session - 9/27/2016 Page 95 / 272 Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2016/2017. Sample Motion Move to approve the renewal for garbage/refuse permits for 2016/2017. Grand Island Council Session - 9/27/2016 Page 96 / 272 Grand Island Council Session - 9/27/2016 Page 97 / 272 Grand Island Council Session - 9/27/2016 Page 98 / 272 Grand Island Council Session - 9/27/2016 Page 99 / 272 Grand Island Council Session - 9/27/2016 Page 100 / 272 Grand Island Council Session - 9/27/2016 Page 101 / 272 Grand Island Council Session - 9/27/2016 Page 102 / 272 Grand Island Council Session - 9/27/2016 Page 103 / 272 Grand Island Council Session - 9/27/2016 Page 104 / 272 Grand Island Council Session - 9/27/2016 Page 105 / 272 Grand Island Council Session - 9/27/2016 Page 106 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-5 #2016-224 - Approving Request from Simbert, LLC dba Peacock Lounge, 2430 Broadwell Avenue for a Class “C” Liquor License and Liquor Manager Designation for Guadalupe Valderaz, 240 North Waldo Avenue This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 9/27/2016 Page 107 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-224 WHEREAS, an application was filed by Simbert, LLC doing business as Peacock Lounge, 2430 N. Broadwell Avenue 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 September 17, 2016; such publication cost being $16.77; and WHEREAS, a public hearing was held on September 27, 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 Guadalupe Valderaz, 240 North Waldo Avenue as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 108 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-6 #2016-225 - Approving Request from YZ GYZ, LLC dba The Filling Station, 217 E. Stolley Park Road, Suite N for a Catering Designation to Class “C-113025” Liquor License This item relates to the aforementioned Public Hearing item E-3. Staff Contact: RaNae Edwards Grand Island Council Session - 9/27/2016 Page 109 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-225 WHEREAS, an application was filed by YZ GYZ, LLC doing business as The Filling Station, 217 E. Stolley Park Road, Suite N for a Catering Designation to Class "C- 113025" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on September 17, 2016; such publication cost being $17.26; and WHEREAS, a public hearing was held on September 27, 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:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 110 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-7 #2016-226 - Approving Final Plat and Subdivision Agreement for Caldwell Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 9/27/2016 Page 111 / 272 Council Agenda Memo From: Regional Planning Commission Meeting: September 27, 2016 Subject: Caldwell Subdivision –Final Plat Presenter(s): Chad Nabity, Regional Planning Director Background This property is located east of Shady Bend Rd and south of Seedling Mile Road, in the City of Grand Island, in Hall County, consisting of 2 lots and .160 acres. Discussion The final plat for Caldwell Subdivision was considered by the Regional Planning Commission at the August 10, 2016 meeting. A motion was made by Hoggatt and seconded by Rainforth to approve and recommend that City Council approve the final plat of Schimmer’s Third Subdivision. A roll call vote was taken and the motion passed with 8 members present (Huismann, Sears, O’Neill, Maurer, Apfel, Rainforth, Hoggatt and Kjar) voting in favor and no members present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 9/27/2016 Page 112 / 272 Grand Island Council Session - 9/27/2016 Page 113 / 272 Developers/Owners Ken Caldwell 3715 E Seedling Mile Rd Grand Island NE 68801 To create 3 Lots on a tract of land located south of Seedling Mile Rd., and east of Shady Bend Rd., Grand Island NE. Size: 10.081 acres. Zoning: TA – Transitional Agricultural Zone. Road Access: Public streets are available. Water Public: Water is available. Sewer Public: Sewer is available. Grand Island Council Session - 9/27/2016 Page 114 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-226 WHEREAS, Kenneth D. Caldwell and Pamela R. Caldwell, husband and wife, being the said owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “CALDWELL SUBDIVISION”, a tract of land comprising a part of Lot C Garden Subdivision of Lot One (1), Mainland in Section Thirteen (13), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by them; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of CALDWELL SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 115 / 272 Grand Island Council Session - 9/27/2016 Page 116 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-8 #2016-227 - Approving Certificate of Final Completion for Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Water Improvements; Project No. 2014-W-14 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/27/2016 Page 117 / 272 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 27, 2016 Subject:Approving Certificate of Final Completion for Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 Presenter(s):John Collins PE, Public Works Director Background On September 23, 2014, by Resolution No. 2014-297, The Diamond Engineering Company of Grand Island, Nebraska was awarded a contract for Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 in the amount of $925,292.70. On February 24, 2015, by Resolution No. 2015-54 City Council approved Change Order No. 1, which allowed for grading to remedy poor drainage of Moores Creek from Old Potash Highway to the proposed Faidley Avenue, correction of a concrete outfall structure which drains into Moore’s Creek that was not found during the survey for the project, modifications to storm sewer connections to existing structures and allowed for a sleeve to account for misshaped pipe that was encountered during the water main lowering. Change Order No. 1 was in the amount of $49,028.57 for a revised contract amount of $974,321.27. This project extended paving to join the two (2) segments of Faidley Avenue, between North Road and Irongate Avenue. Work on the project commenced May 2014, with substantial completion December 2014 and final completion July 2015. Final grading touchup work and final cover seeding was established by July 2016. Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Construction work was completed at a total cost of $958,552.06, which is an underrun of $15,769.21. Additional project costs are shown below. Grand Island Council Session - 9/27/2016 Page 118 / 272 ADDITIONAL PROJECT COSTS Alfred Benesch & Company Preliminary & Construction Engineering $ 137,592.94 The Grand Island Independent Advertising $ 104.80 Hall County Register of Deeds Filing Fees $ 28.00 Straight-Line Striping Pavement Markings $ 399.25 Traffic Safety Warehouse Flashing Warning Light $ 402.70 Additional Project Costs = $138,527.69 Total project costs equate to $1,097,079.75. 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 Certificate of Final Completion for Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14. Sample Motion Move to approve the Certificate of Final Completion for Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14. Grand Island Council Session - 9/27/2016 Page 119 / 272 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 CITY OF GRAND ISLAND, NEBRASKA September 13, 2016 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated September 23, 2014. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 Item No.Description Total Quantity Unit Unit Price Total Cost Bid Section A - 1 Mobilization / Demobilization 1.00 LS $13,200.00 $13,200.00 2 Earthwork Measured in Embankment 4,958.00 CY $10.70 $53,050.60 3 Over Excavation 4,414.00 CY $7.60 $33,546.40 4 Moores Creek Excavation 2,718.00 CY $8.20 $22,287.60 5 SWPPP 0.90 LS $625.00 $562.50 6 Traffic Control 1.00 LS $1,600.00 $1,600.00 7 Remove Pavement 60.00 SY $7.50 $450.00 8 Remove Concrete Sidewalk 9.00 SY $1.40 $12.60 9 Remove Manhole 1.00 EA $365.00 $365.00 10 Remove Dead End Barricade 1.00 LS $140.00 $140.00 11 Build 9" P.C. Concrete Pavement 9,394.00 SY $38.40 $360,729.60 12 Build Concrete Curb and Gutter 70.00 LF $17.50 $1,225.00 13 Build 6" P.C. Concrete Driveway 54.00 SY $33.80 $1,825.20 14 Build 4" P.C. Concrete Sidewalk 32,640.00 SF $2.80 $91,392.00 15 Build 6" P.C. Concrete Ramp 221.00 SF $11.00 $2,431.00 16 Adjust Manhole to Grade 6.00 EA $580.00 $3,480.00 17 Detectable Warning Panel 56.00 SF $28.50 $1,596.00 18 Install R1-1 (30"x30") Sign 0.00 EA $100.00 $0.00 19 Install R1-1 (36"x36") Sign 2.00 EA $125.00 $250.00 20 Install R1-3P (18"x6") Sign 4.00 EA $55.00 $220.00 21 Install W3-1 (30"x30") Sign 2.00 EA $121.60 $243.20 22 Install Sign Post 4.00 EA $93.80 $375.20 23 Install Red Flags 4.00 EA $20.65 $82.60 24 4" Yellow Paint Pavement Marking, Grooved 1,900.00 LF $1.65 $3,135.00 25 24" White Paint Pavement Marking, Grooved 72.00 EA $9.00 $648.00 26 Build Crubn Inlet Protection 15.00 LF $130.00 $1,950.00 27 Build Silt Fence - Inlet Protection 390.00 LF $4.50 $1,755.00 28 Build Culvert Inlet Protection 54.00 SY $4.60 $248.40 Grand Island Council Session - 9/27/2016 Page 120 / 272 29 Erosion Control, Class 1D 9,591.00 AC $1.80 $17,263.80 30 Seeding 9.18 AC $3,730.00 $34,241.40 31 Cover Crop 0.00 LS $449.60 $0.00 32 Remove Concrete Splash Basin 3.00 LF $376.00 $1,128.00 33 Remove 30" Corrugated Metal Pipe 27.00 EA $11.90 $321.30 34 Remove 30" Flared End Section w/ Grate 1.00 LF $150.00 $150.00 35 Remove 30" Reinforced Concrete Storm Sewer Pipe 10.00 EA $11.30 $113.00 36 Build Type "D" Modified Curb Inlet 12.00 EA $2,115.00 $25,380.00 37 Build Area Inlet 0.50 EA $4,235.00 $2,117.50 38 Build "In-Pavement" Storm Sewer Junction Box 4.00 EA $3,115.00 $12,460.00 39 Build "Out-Pavement" Storm Sewer Junction Box 6.00 EA $3,070.00 $18,420.00 40 Build 24" Concrete Plug 0.00 EA $165.00 $0.00 41 Build 18" Storm Sewer Flared End Section 1.00 EA $583.60 $583.60 42 Build 30" Stomr Sewer Flared End Section 4.00 EA $909.00 $3,636.00 43 Build 36" Storm Sewer Flared End Section 1.00 EA $1,605.00 $1,605.00 44 Build 48" Storm Sewer Flared End Section 4.00 EA $1,850.00 $7,400.00 45 18" Reinforced Concrete Stomr Sewer Pipe, Class III 792.00 LF $44.70 $35,402.40 46 24" Reinforced Concrete Storm Sewer Pipe, Class III 78.00 LF $52.20 $4,071.60 47 30" Reinforced Concrete Storm Sewer Pipe, Class III 181.00 LF $72.10 $13,050.10 48 36" Reinforced Concrete Storm Sewer Pipe, Class III 488.00 LF $83.50 $40,748.00 49 48" Reinforced Concrete Storm Sewer Pipe, Class III 231.00 LF $122.50 $28,297.50 50 Build 30" Reinforced Concrete Outfall Structure 1.00 LS $2,085.00 $2,085.00 51 Build 30" Reinforced Concrete Collar 1.00 EA $740.00 $740.00 Total Bid Section A =$846,015.10 Bid Section B - 1 Remove 6" Plug and Plug Block 3.00 EA $96.30 $288.90 2 12" Restrained Jioint Pipe Water Main 30.00 LF $132.90 $3,987.00 3 12" Retainer Gland 8.00 EA $209.80 $1,678.40 4 12" x 22.5 Degree Bend 4.00 EA $791.75 $3,167.00 5 24" Water Main 40.00 LF $240.00 $9,600.00 6 24" Retainer Gland 8.00 EA $582.15 $4,657.20 7 24" x 22.5 Degree Bend 4.00 EA $1,927.60 $7,710.40 8 Fire Hydrant (Complete)3.00 EA $4,840.00 $14,520.00 9 Adjust 6" Valve Box to Grade 9.00 EA $324.40 $2,919.60 10 Adjust 12" Valve Box to Grade 2.00 EA $324.40 $648.80 11 Adjust Fire Hydrant to Grade 3.00 EA $1,360.00 $4,080.00 12 Concrete Blocking for Fittings 24.00 CY $375.00 $9,000.00 13 Fire Hydrant Blocking 1.00 CY $441.60 $441.60 Grand Island Council Session - 9/27/2016 Page 121 / 272 14 1" Corp Stop 6.00 EA $445.60 $2,673.60 15 1" Plug 6.00 EA $35.20 $211.20 Total Bid Section B = $65,583.70 Change Order No. 1 - CO1-1 Moores Creek Excavation 1,801.00 CY $12.87 $23,178.87 CO1-2 Remove Erosion Control, Class 1D 796.00 SY $1.32 $1,050.72 CO1-3 Erosion Control, Class 13 4,375.00 SY $2.09 $9,143.75 CO1-4 Remove & Salvage 48" RCP FES 4.00 EA $356.95 $1,427.80 CO1-5 Remove & Salvage 48" RCP 214.00 LF $20.08 $4,297.12 CO1-6 6" Reinf. Conc. Outfall Structure @ Sta. 324+90 1.00 LS $3,000.00 $3,000.00 CO1-7 Tap Existing Manhole 0.00 LS $1,325.00 $0.00 CO1-8 30" Round Equivalent Reinforced Concrete Storm Sewer Pipe, Class III 14.00 LF $130.00 $1,820.00 CO1-9 Build 30" Round Equivalent Reinforced Concrete Collar 1.00 EA $835.00 $835.00 CO1- 10 24" M.J. Solid Sleeve 1.00 EA $2,200.00 $2,200.00 Total Change Order No. 1 = $46,953.26 The Diamond Engineering Co. Grand Total =$958,552.06 Item ADDITIONAL PROJECT COSTS Alfred Benesch & Company Preliminary & Construction Engineering $ 137,592.94 The Grand Island Independent Advertising $ 104.80 Hall County Register of Deeds Filing Fees $ 28.00 Straight-Line Striping Pavement Markings $ 399.25 Traffic Safety Warehouse Flashing Warning Light $ 402.70 Subtotal Additional Project Costs = $ 138,527.69 Total Costs - $1,097,079.75 I hereby recommend that the Engineer’s Certificate of Final Completion for Faidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14 be approved. _______________________________________________________________________________ John Collins, PE - City Engineer/Public Works Director Jeremy L. Jensen – Mayor Grand Island Council Session - 9/27/2016 Page 122 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-227 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for aidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed such project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for aidley Avenue Paving Improvements; Project No. 2014-P-1 & Faidley Avenue Water Improvements; Project No. 2014-W-14, in the amount of $1,097,079.75 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 123 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-9 #2016-228 - Approving Certificate of Final Completion for South Blaine Street Bridge Replacements; Project No. 2014-B-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/27/2016 Page 124 / 272 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 27, 2016 Subject:Approving Certificate of Final Completion for South Blaine Street Bridge Replacements; Project No. 2014-B-1 Presenter(s):John Collins PE, Public Works Director Background On January 13, 2015 The Diamond Engineering Company of Grand Island, Nebraska was awarded a contract for the South Blaine Street Bridge Replacements; Project No. 2014-B- 1 in the amount of $384,983.95. On August 11, 2015, by Resolution No. 2015-213 City Council approved Change Order No. 1, which granted an extension for project completion and addressed the condition of the asphalt roadway with an upgrade to concrete pavement in the amount of $40,994.72 for a revised contract amount of $425,978.67. The bridge replacement was to update the north bridge structure with two (2) box culverts and the south bridge structure with two (2) Arch RCP culvert pipes. The roadway was also widened to improve traffic flow in the area. Work on the project commenced September 2015, with substantial completion April 2016. Final touchup grading work and cover seeding was established by July 2016. Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Construction work was completed at a total cost of $429,851.12. Additional project costs are shown below. ADDITIONAL PROJECT COSTS Alfred Benesch & Company Preliminary & Construction Engineering $105,440.33 The Grand Island Independent Advertising $ 118.32 Hall County Register of Deeds Filing Fees $ 62.00 Speece Lewis Engineers, Inc.Structural Inspections $ 962.53 Additional Project Costs = $ 106,583.18 Grand Island Council Session - 9/27/2016 Page 125 / 272 Total project costs equate to $536,434.30. 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 Certificate of Final Completion for South Blaine Street Bridge Replacements; Project No. 2014-B-1. Sample Motion Move to approve the Certificate of Final Completion for South Blaine Street Bridge Replacements; Project No. 2014-B-1. Grand Island Council Session - 9/27/2016 Page 126 / 272 ENGINEER’S CERTIFICATE OF FINAL COMPLETION South Blaine Street Bridge Replacements; Project No. 2014-B-1 CITY OF GRAND ISLAND, NEBRASKA September 13, 2016 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that South Blaine Street Bridge Replacements; Project No. 2014-B-1 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated January 13, 2015. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. South Blaine Street Bridge Replacements; Project No. 2014-B-1 Item No.Description Total Quantity Unit Unit Price Total Cost Base Bid - 1 Mobilization / Demobilization 1.00 LS $11,574.95 $11,574.95 2 Build 7" P.C. Concrete Pavement 628.00 SY $48.57 $30,501.96 3 Gravel Surface Course 4.40 CY $22.99 $101.16 4 Earthwork Measured in Embankment 3,600.00 CY $18.48 $66,528.00 5 Over Excavation 0.00 CY $22.99 $0.00 6 Concrete for Concrete Box Culvert 418.18 CY $361.38 $151,121.89 7 Reinforcing Steel for Concrete Box Culvert 45,595.00 LBS $1.45 $66,112.75 8 Crushed Rock Base Course 110.00 CY $85.58 $9,413.80 9 Dewatering for Structure @ Sta. 102+65 0.00 DAY $256.41 $0.00 10 Dewatering for Structure @ Sta. 106+91 18.00 DAY $256.41 $4,615.38 11 Traffic Control 1.00 LS $4,626.04 $4,626.04 12 4" Yellow Paint Pavement Marking, Grooved 1,160.00 LF $2.73 $3,166.80 13 4" White Paint Pavement Marking, Grooved 1,160.00 LF $2.73 $3,166.80 14 Seeding 2.50 AC $3,782.53 $9,456.33 15 Wetland Seeding 0.06 AC $3,819.67 $229.18 16 Cover Crop 0.00 AC $1,361.64 $0.00 17 SWPPP 1.00 LS $857.66 $857.66 18 Temporary Silt Fence 613.00 LF $5.39 $3,304.07 19 Erosion Control, Class 2C 350.00 SY $6.47 $2,264.50 20 Fabric Silt Checks 0.00 LF $8.13 $0.00 21 Build Barbed Wire Fence 99.00 LF $6.88 $681.12 22 Clearing and Grubbing 1.00 LS $1,061.02 $1,061.02 23 Remove Pavement 220.00 SY $6.81 $1,498.20 24 Remove Structure @ Sta. 102+69 1.00 LS $6,578.32 $6,578.32 25 Remove Structure @ Sta. 106+89 1.00 LS $6,092.02 $6,092.02 26 Remove Trees 1.00 LS $1,998.25 $1,998.25 27 Remove Fence 825.00 LF $1.01 $833.25 28 Remove and Reset Custom Steel Fence 0.00 LF $33.60 $0.00 Total Base Bid =$385,783.44 Grand Island Council Session - 9/27/2016 Page 127 / 272 Change Order No. 1 - CO1-1 Remove Pavement 760.00 SY $6.64 $5,046.40 CO1-2 Build 7" P.C. Concrete Pavement 866.00 SY $46.56 $40,320.96 CO1-3 Reduction of Contract Price for Remove Pavement 220.00 SY -$0.17 -$37.40 CO1-4 Reduction of Contract Price for Build 7" P.C. Concrete Pavement 628.00 SY -$2.01 -$1,262.28 Total Change Order No. 1 = $44,067.68 THE DIAMOND ENGINEERING COMPANY GRAND TOTAL =$429,851.12 Item ADDITIONAL PROJECT COSTS Alfred Benesch & Company Preliminary & Construction Engineering $ 105,440.33 The Grand Island Independent Advertising $ 118.32 Hall County Register of Deeds Filing Fees $ 62.00 Speece Lewis Engineers, Inc.Structural Inspections $ 962.53 Subtotal Additional Project Costs = $ 106,583.18 Total Costs - $536,434.30 I hereby recommend that the Engineer’s Certificate of Final Completion for South Blaine Street Bridge Replacements; Project No. 2014-B-1 be approved. _______________________________________________________________________________ John Collins, PE - City Engineer/Public Works Director Jeremy L. Jensen – Mayor Grand Island Council Session - 9/27/2016 Page 128 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-228 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for South Blaine Street Bridge Replacements; Project No. 2014-B-1, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed such project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for South Blaine Street Bridge Replacements; Project No. 2014-B-1, in the amount of $536,434.30 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 129 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-10 #2016-229 - Approving Continuation of Sanitary Sewer District No. 539; North Webb Road and 13th Street Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/27/2016 Page 130 / 272 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 27, 2016 Subject:Approving Continuation of Sanitary Sewer District No. 539; North Webb Road and 13th Street Presenter(s):John Collins, Public Works Director Background Sanitary Sewer District 539 was created by the City Council on August 9, 2016. Legal notice of the creation of the District was published in the Grand Island Independent on August 15, 2016, with notification being mailed to all involved property owners. Discussion The district completed the 30-day protest period at 5:00 p.m., Thursday, September 15, 2016. There was one (1) protest filed against this District by an affected property owner. This owner represents 417.40 front feet, or 30.52% of the total District frontage of 1,367.50 feet. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1.Approve the continuation of Sanitary Sewer District 539. 2.Refer the issue to a Committee. 3.Postpone the issue to a future date. 4.Take no action on the issue. Recommendation City Administration recommends that the Council approve the continuation of Sanitary Sewer District 539. Sample Motion Move to approve the continuation of Sanitary Sewer District 539. Grand Island Council Session - 9/27/2016 Page 131 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-229 WHEREAS, Sanitary Sewer District No. 539, North Webb Road and 13th Street, was created by Ordinance No. 9596 on August 9, 2016; and WHEREAS, notice of the creation of such sewer district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed, and WHEREAS, the protest period ended on September 15, 2016, and one (1) protest representing 30.52% of the total District frontage was received. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Sanitary Sewer District No. 539, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 132 / 272 Grand Island Council Session - 9/27/2016 Page 133 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-11 #2016-230 - Approving Promissory Note for Hall County Sanitary Sewer Improvement District No. 2; Sanitary Sewer Improvements - 2014 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 9/27/2016 Page 134 / 272 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:September 27, 2016 Subject:Approving Promissory Note for Hall County Sanitary Sewer Improvement District No. 2; Sanitary Sewer Improvements - 2014 Presenter(s):John Collins PE, Public Works Director Background The City Council awarded the bid for construction of Hall County Sanitary Improvement District No. 2; Sanitary Sewer Improvements – 2014 to Myers Construction, Inc. of Broken Bow, Nebraska on May 12, 2015, via Resolution No. 2015-125, in the amount of $2,180,806.00. On April 12, 2016, by Resolution No. 2016-83 City Council approved Change Order No. 1, which addressed large amount of unknown debris encountered on a portion of the project near Lift Station No. 25 which caused increased boring expenses, debris disposal and additional work days in the amount of $47,018.75 for a revised contract amount of $2,227,824.75. On June 28, 2016, by Resolution No. 2016-158, City Council approved Change Order No. 2 which addressed energy requirements for the southern lift station, and rectified final quantity amounts, in the amount of $16,880.00, for a revised contract amount of $2,244,704.75. Work on the project commenced July 28, 2015, with final completion June 3, 2016. On July 26, 2016, by Resolution No. 2016-177, City Council approved the Certificate of Final Completion for such project in the amount of $2,572,013.30. The difference of the final construction cost and the Certificate of Final Completion amounts is due to engineering, filing, advertising, easements, and power source for Lift Station No. 25 & 26, which equate to $327,308.55. This project continued the extension of sanitary sewer to the south side of Interstate 80 along US Highway 281. Grand Island Council Session - 9/27/2016 Page 135 / 272 Discussion As noted in the July 26, 2016 memo to City Council $2,369,722.83, of the $2,572,013.30 total project cost, will be the responsibility of Sanitary Sewer Improvement District No. 2. The attached Promissory Note has been approved by Sanitary Sewer Improvement District No. 2 and provides for semi-annual installations in the amount of $60,000.00 principal plus accrued interest commencing December 1, 2016 and on each June 1 and December 1 thereafter. Interest rate on such note shall be 2.5% with a term of twenty (20) years. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Promissory Note for Sanitary Sewer Improvement District No. 2 in the amount of $2,369,723.00 with a 2.5% interest rate for a twenty (20) year term. Sample Motion Move to approve. Grand Island Council Session - 9/27/2016 Page 136 / 272 Grand Island Council Session - 9/27/2016 Page 137 / 272 Grand Island Council Session - 9/27/2016 Page 138 / 272 Grand Island Council Session - 9/27/2016 Page 139 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-230 WHEREAS, with the extension of sanitary sewer to the south side of Interstate 80 along US Highway 281 the City Of Grand Island is requesting to enter into a Promissory Note with Sanitary Sewer Improvement District No. 2 to accommodate repayment of such sanitary sewer extension; and WHEREAS, the final construction cost of such sanitary sewer extension is $2,572,013.30, of which $2,369,722.83 is the responsibility of Sanitary Sewer Improvement District No. 2; and WHEREAS, such promissory note provides for semi-annual installations in the amount of $60,000.00 principal plus accrued interest commencing December 1, 2016 and on each June 1 and December 1 thereafter; and WHEREAS, the interest rate of 2.5% shall apply to the promissory note for a term of twenty (20) years. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the promissory note for Sanitary Sewer Improvement District No. 2 is hereby approved in the amount of $2,369,723.00 with a 2.5% interest rate for a twenty (20) year term. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016 _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 140 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-12 #2016-231 - Approving HDR Engineering as the Sole Source to Provide the PGS 2016 CCR Program Documentation and Sampling Requirement Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 9/27/2016 Page 141 / 272 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Asst. City Attorney Meeting:September 27, 2016 Subject:Platte Generating Station Coal Combustion Residual (CCR) Rule Compliance Documentation Presenter(s):Timothy G. Luchsinger, Utilities Director Background On April 17, 2015, the U.S. Environmental Protection Agency (EPA) published the final rule for the regulation and management of Coal Combustion Residual (CCR) under the Resource Conservation and Recovery Act (RCRA). The rule became effective on October 19, 2015. In general, CCR compliance activities include publication of public information on the web, signage, groundwater sampling, and impoundment structural and safety assessment is required for the Platte Generating Station. Platte Generating Station personnel reviewed the regulations and determined consulting services were needed to meet the initial CCR Rule compliance schedule. HDR Engineering was hired as the sole source to ensure timeliness, high quality and consistency among other electric utilities and independent power producers in Nebraska. Discussion To ensure the same high quality and consistency for the next phase of the CCR requirements for compliance for the 2016 phase, it is recommended that HDR Engineering continue as the sole source. HDR is providing professional consultant services regarding CCR to Omaha Public Power District, Hastings Utilities, Fremont Utilities and the Public Power Generation Agency. The following areas will be addressed: Task 100 - CCR Rule Groundwater Sampling Task 200 - CCR Closure Plan Task 300 – CCR Post-Closure Plan Task 400 – Run-on/Run-off Control System Plan The total cost to be approved not to exceed fee amount of $86,290.00 Grand Island Council Session - 9/27/2016 Page 142 / 272 In accordance with City procurement code, plant staff recommends that the Council authorize HDR Engineering continue their services as the sole source for the Platte Generating Station CCR requirements. 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 authorize HDR, Inc., of Omaha, Nebraska, as the sole source for providing Engineering services to meet the Coal Combustion Residuals program 2016 documentation and sampling for Platte Generating Station. Sample Motion Move to authorize HDR, Inc., of Omaha, Nebraska, as the sole source for providing Engineering Services for the Platte Generating Station 2016 CCR program documentation and sampling requirements. Grand Island Council Session - 9/27/2016 Page 143 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-231 WHEREAS, on April 17, 2015 the U.S. Environmental Protection Agency (EPA) published the final rule for the regulation and management of Coal Combustion Residual (CCR) under the Resource Conservation and Recovery Act (RCRA), and this rule became effective on October 19, 2015; and WHEREAS, after review of the regulations it was determined that consulting services were needed to meet the initial CCR Rule compliance schedule; and WHEREAS, HDR Inc., of Omaha Nebraska was determined to be the sole source to provide this service; and WHEREAS, the total cost will be a not to exceed fee in the amount of $86,290.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that HDR Engineering, Inc., of Omaha, Nebraska is authorized as the sole source, to provide Engineering Services for the Platte Generating Station 2016 CCR Program documentation and sampling requirements. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 144 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-13 #2016-232 - Approving the Certificate of Final Completion for Water Main Project 2016-W-3 at 13th & Beal Streets Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 9/27/2016 Page 145 / 272 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:September 27, 2016 Subject:Certificate of Final Completion – 13th and Beal Street Intersection – Water Main Project 2016-W-3 Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main Project 2016-W-3 has been completed by the Diamond Engineering Company of Grand Island, Nebraska. The work eliminated a conflict between the water main and sanitary sewer main within the intersection and now conforms to current clearance requirements. A site map of the area is attached for reference. Discussion The project has been completed in accordance with the terms and conditions of the contract documents and plans. The final contract amount for the work was $23,348.57. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council accept the Certificate of Final Completion for Water Main Project 2016-W-3 at the Intersection of 13th and Beal Streets. Sample Motion Move to accept the Certificate of Final Completion for Water Main Project 2016-W-3 – 13th and Beal Street Intersection. Grand Island Council Session - 9/27/2016 Page 146 / 272 Grand Island Council Session - 9/27/2016 Page 147 / 272 Grand Island Council Session - 9/27/2016 Page 148 / 272 Utilities Department Water Main Project 2016-W-3 Grand Island Council Session - 9/27/2016 Page 149 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-232 WHEREAS, the Utilities Engineer and the Public Works Director have issued a Certificate of Final Completion for Water Main Project 2016-W-3 within the intersection of 13th Street and Beal Street, in the City of Grand Island, Nebraska, certifying that the Diamond Engineering Company of Grand Island, Nebraska has completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the Engineer’s certificate of final completion; and WHEREAS, the Mayor concurs with the recommendation of the Public Works Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2016-W-3 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 150 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-14 #2016-233 - Approving the Certificate of Final Completion for Water Main Project 2015-W-10 - Gulf Stream Drive and Citation Way Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 9/27/2016 Page 151 / 272 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:September 27, 2016 Subject:Certificate of Final Completion – Gulf Stream Drive and Citation Way – Water Main Project 2015-W-10 Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main Project 2015-W-10 has been completed by the Diamond Engineering Company of Grand Island, Nebraska. The work replaced a section of water main that had begun to deteriorate at the northerly end of the Central Nebraska Regional Airport within Gulf Stream Drive and Citation Way. A site map of the area is attached for reference. Discussion The project has been completed in accordance with the terms and conditions of the contract documents and plans. The final contract amount for the work was $213,513.16. 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 accept the Certificate of Final Completion for Water Main Project 2015-W-10 at the northerly end of the Central Nebraska Regional Airport within Gulf Stream Drive and Citation Way. Sample Motion Move to accept the Certificate of Final Completion for Water Main Project 2015-W-10 – Gulf Stream Drive and Citation Way at the Central Nebraska Regional Airport. Grand Island Council Session - 9/27/2016 Page 152 / 272 Grand Island Council Session - 9/27/2016 Page 153 / 272 Grand Island Council Session - 9/27/2016 Page 154 / 272 Grand Island Council Session - 9/27/2016 Page 155 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-233 WHEREAS, the Utilities Engineer and the Public Works Director have issued a Certificate of Final Completion for Water Main Project 2015-W-10 within Gulf Stream Drive and Citation Way at the Central Nebraska Regional Airport in the City of Grand Island, Nebraska, certifying that the Diamond Engineering Company of Grand Island, Nebraska has completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the Engineer’s certificate of final completion; and WHEREAS, the Mayor concurs with the recommendation of the Public Works Director’s recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2015-W-10 is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 156 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-15 #2016-234 - Approving Employee Assistance Program Renewal Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 9/27/2016 Page 157 / 272 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:September 27, 2016 Subject:Approval of Employee Assistance Program (EAP) Contract Renewal Presenter(s):Aaron Schmid, Human Resources Director Background The City of Grand Island provides employees with an Employee Assistance Program (EAP). This benefit is designed to assist employees in resolving personal problems (e.g. mental health, family issues, substance/alcohol abuse, financial issues) through counseling by qualified mental health professionals. The City also utilizes EAP for in- house services such as critical incident stress debriefing, harassment training and wellness education. The City currently has a contract with Family Resources of Greater Nebraska (Family Resources) that will expire September 30, 2016. Discussion The current contract with Family Resources includes an option for renewal. The renewal period would run from October 1, 2016 to September 30, 2017. EAP would continue to honor their current pricing at $9,000 per year. Family Resources has held their pricing consistent for the past three years. The City and employees continue to be satisfied with services. 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 - 9/27/2016 Page 158 / 272 Recommendation City Administration recommends that the Council approve the contract with Family Resources of Greater Nebraska PC to provide EAP services to City employees. Sample Motion Move to approve the contract with Family Resources of Greater Nebraska to provide EAP services to City employees. Grand Island Council Session - 9/27/2016 Page 159 / 272 1 EMPLOYEE ASSISTANCE PROGRAM CONTRACT between The City of Grand Island and Family Resources of Greater Nebraska PC Helping You Move Forward! October 1, 2016 – September 30, 2017 July 29, 2016 Grand Island Council Session - 9/27/2016 Page 160 / 272 2 FAMILY RESOURCES OF GREATER NEBRASKA PC EMPLOYEE ASSISTANCE PROGRAM EMPLOYER AGREEMENT This Agreement is made by and between Family Resources of Greater Nebraska, PC, a Nebraska professional corporation, (hereinafter FRGN) and the City of Grand Island (hereinafter Employer.) Whereas, FRGN provides Employee Assistance Program services; and Whereas, Employer desires to provide such services to its employees; Now therefore, the parties agree that Employer will purchase from FRGN, Employee Assistance Program services for its employees in the manner and on the terms and conditions as set forth below. Term and Termination: This agreement shall be for a term of one year commencing October 1, 2016. Either party may terminate this Agreement at any time upon sixty days prior written notice to the other party. Eligibility for Services: The services provided by FRGN under this agreement shall be available to Employer’s employees and employee family members, hereinafter called clients. Employee family members as used herein shall mean: a.the employee’s spouse; b.the employee’s domestic partner c.the employee’s minor children; d.the employee’s parents, siblings or others who regularly reside with the employee and are legal dependents of the employee. Fees: For services provided under this agreement, the Employer shall pay FRGN an annual fee of $9,000.00 to be billed on a quarterly basis. The fee shall be paid quarterly in installments equal to twenty-five percent (25%) of the annual fee which will be billed in the amount of $2250.00. The City of Grand Island agrees to submit an updated employee roster on a quarterly basis. Grand Island Council Session - 9/27/2016 Page 161 / 272 3 Contract Renewal: This agreement shall be for a term of one year commencing October 1, 2016 and shall automatically renew for the 12 month period of October 1, 2016 to September 30, 2017 thereafter unless terminated as provided herein. Either party may terminate this Agreement at any time upon sixty days prior written notice to the other party. If this agreement is terminated by either party during a period for which payment has already been made, FRGN shall refund to the Employer within thirty (30) days after the effective date of termination, the pro-rata portion of fees paid for the period of time following termination. Program Services: In consideration for the fee described in paragraph 3, FRGN will provide program services that are designed to identify and resolve problems for clients impaired by personal concerns. These services may vary from case to case depending upon the nature of the client’s presenting issue(s) and the various resources available for its resolution, but shall generally include the following Employee Assistance services: a.Meet with client for assessment of presenting issues and/or concerns. b.Develop and recommend a plan of action. c.When clinically appropriate, mental health/substance abuse professionals shall provide short-term, solution-focused counseling to assist clients resolve concerns. d.When clinically appropriate, refer within FRGN or to outside professionals, for appropriate diagnosis, treatment, on-going therapy and/or assistance. e.Where the client is referred for treatment, on-going therapy and/or assistance, provide follow-up contact to monitor progress and assist with post-treatment planning. f.Assist with assessing insurance or other third-party payment of expenses of outside services to which referred. Employer services: Consult with and train appropriate persons within the Employer’s organization to identify and resolve job-performance issues relating to employee concerns. The above services shall be limited in quantity to those services purchased by Employer and described in EXHIBIT A, attached hereto. Additional services described in EXHIBIT B are also available to Employer on an as-needed basis at the fees stated therein. This Employee Assistance Program shall not provide medical diagnosis or treatment, long term counseling, psychiatric care, legal advice or financial advice, but may refer employees to appropriate resources within FRGN or to other professionals that provide those services. Access to Services: All initial contacts by the client shall be with FRGN’s Grand Island office, either in person or by telephone. Assessment and counseling services for clients will be provided at the offices of FRGN in Grand Island unless it is in the best interest of the client to be served in another location with services provided by a FRGN affiliate provider. Additional Services: If a client is referred for services beyond those provided under this Agreement, the clients will be advised of this and his/her financial responsibility for the cost of such services, and assisted in evaluating any available health insurance Grand Island Council Session - 9/27/2016 Page 162 / 272 4 reimbursement or other third-party coverage. Such services may, when deemed appropriate, be provided by FRGN or an affiliate described in paragraph 5 above. Reports: FRGN shall provide annual and quarterly reports to the Employer that shall contain the following information: Quarterly: a.Total number of client inquiries regarding program services. b.Total number of clients who actually used the services. Annually as requested: c.Total number of contacts with employees and family members. d.Whether the contacts were in person or telephone sessions. e.What additional referrals, if any, were made to professional or community resources. f.Nature of referrals to services, (i.e., whether they were self-initiated, initiated by a family member or by the Employer.) g.Such other information to which the parties mutually agree. Employer’s Obligations: In addition to payment of fees as provided in paragraph 4 herein, the Employer shall: a.Provide FRGN with a current employee roster, including employee’s mailing address and update such information on a quarterly basis. b.Appoint an internal employee assistance coordinator to plan and assist in implementing the program and act as Liaison with the program. c.Provide FRGN with a copy of all employment polices currently in force. d.Provide FRGN with current hospitalization and health insurance policies and other employee benefits relevant to the program to enable FRGN to make effective referrals. Confidentiality: Reports and information provided to Employer shall be summaries and shall not identify any employee or family member by name or other identifier. Information regarding any identified or identifiable individual employee or family member shall be confidential, and shall not be provided to the Employer without the individuals’ expressed written consent. A copy of FRGN’s Policy on Client Confidentiality is attached to this agreement. HIPAA Privacy Rule: Family Resources of Greater Nebraska agrees to the provisions of these requirements to protect the interest of all parties and agrees to provide each client with the appropriate HIPPA documentation. Miscellaneous: The laws of the State of Nebraska shall govern this agreement. This agreement may not be assigned, except as provided in paragraph 5 regarding FRGN affiliates, without the written agreement of both parties. The foregoing constitutes the entire agreement of the parties and supersedes all prior agreements either oral or written. Grand Island Council Session - 9/27/2016 Page 163 / 272 5 IN WITNESS THEREOF, the parties have executed this agreement on ___________, 2016. City of Grand Island Family Resources of Greater Nebraska, PC By:___________________________By:_________________________ Mayor Attest: By:___________________________ City Clerk Resolution # ___________________ Approved as to Form: By: ___________________________ City Attorney Grand Island Council Session - 9/27/2016 Page 164 / 272 6 EXHIBIT A Employee Assistance Program Services Purchased by The City of Grand Island From Family Resources of Greater Nebraska, PC Six Session Per Incident EAP Provide up to six 50-minute sessions per family member per incident with a licensed mental health professional or substance abuse counselor, per contract year. Sessions for initial consultation and assessment are included in the six-session limit. Complete evaluations for substance abuse utilize only one EAP session. Sessions remaining after the assessment is completed may be used for short-term, solution focused therapy if such therapy is determined by the assessing clinician to be clinically appropriate. Sessions are available to all full and part time employees, their spouses, life partners, significant others if in two year minimum relationship, their dependent children under the age of 26, and dependent parents who resides with the employee (proof of residence and dependency required). Provide up to two follow-up phone contacts per client, per incident if deemed necessary by the therapist. Provide 24-hour emergency telephone access to a licensed mental health professional. Provide up to four employee orientation meetings for new hires upon request of personnel department as well as unlimited access via the Family Resources website. Provide up to twenty hours of onsite supervisory and/or employee Wellness Education In-services, when requested. Topics to be selected by an authorized Official of the City of Grand Island. Provide Mandatory Supervisory Sessions upon request and obtain all necessary paperwork to conduct business with referral source. At the discretion of Family Resources staff, up to three sessions may be required per mandatory referral, at no additional cost to the city. This process would not affect an employees’ personal sessions. Releases of information would be obtained during this process to insure complete cooperation between EAP, employee, City supervisor and HR in correcting workplace behavior or performance situations. Provide sufficient posters and brochures at Employer’s sites to promote EAP services. Provide electronic newsletters up to six times per contract year to the office of Human Resources for inclusion in the city’s employee newsletter. Compile and submit quarterly utilization reports Provide up to 50 hours per contract year of telephone consultation with licensed mental health professionals for Employer’s designated managers. The time of each call will be recorded and counted against the annual total. The minimum time recorded shall be 10 minutes. Response time for this consultation will be 15 minutes for those calls designated as Grand Island Council Session - 9/27/2016 Page 165 / 272 7 an “emergency” by Employer’s designated managers and 2 hours for all other calls. (Employer will provide FRGN with list of managers/administrators approved to receive this service) Provide an educational information library for all employees to access on the Family Resources website. Grand Island Council Session - 9/27/2016 Page 166 / 272 8 EXHIBIT B Additional Employee Assistance Program Services Available to The City of Grand Island From Family Resources of Greater Nebraska, PC *The following services are available on an as-requested basis. On-site critical incident stress debriefing services: $150.00/counselor/hour (including travel time) This service includes the following: FRGN shall provide a qualified mental health provider who will serve as the coordinator of Critical Incident Stress Debriefing services. This mental health provider will work closely with Employer’s existing in-house team of trained professionals and will serve as the contact for initiation of services, contact and coordination of the team, oversee periodic meetings and training and will serve as the mental health provider at each incident as requested by Employer. The mental health provider’s time will be recorded in minimum segments of at least 15 minutes and charges for the service will be billed to Employer quarterly. Additional phone consultation with designated managers @$25.00 per call. This service allows Employer the opportunity to purchase telephone consultation in addition to the 10 hours provided in Exhibit A. Additional follow-up phone calls for employees and covered family members @ $25.00 per call. This service allows employer the opportunity to purchase additional follow-up services beyond the two follow-up contacts provided in Exhibit A. (This service may be helpful for clients using EAP services because of a supervisory referral.) With the prior approval of Employer, in-person, follow-up for employees or covered family members @ $80.00 per hour Wellness educational in-services: $150.00/hour. (beyond the 20 hours included Exhibit A) Interpretation Services: $50.00 per hour Contracted interpreters must meet certain standards as set forth by the management of Family Resources of Greater Nebraska. Group Conflict Resolution involving three or more employees: $150.00 per hour plus mileage Emotional Quotient Inventory: $250.00 per employee Includes testing, scoring, individual employee report, one department report, and one department follow-up session with Family Resources staff. Recommended delivery through departments Can be contracted for one department up to full staff Grand Island Council Session - 9/27/2016 Page 167 / 272 9 Confidentiality Policy Employee Assistance Program As an Employee Assistance Program Provider, Family Resources of Greater Nebraska (FRGN) strives to maintain the highest standards of program confidentiality to comply with legal and ethical mandates and meet the needs of our clients. In this regard, we have established specific guidelines for our own professional conduct with respect to protecting the confidence of client company employees and immediate family members. Basic Philosophy: Except as noted in subsequent sections, FRGN, including our clinicians, staff, sub-contractors and affiliates will refrain from disclosing or communicating any information identifying and/or describing a user of our services to anyone, including an employee’s family, fellow employees or supervisors, or any other persons outside our organization. Release of Confidential Information: When assistance of any employee is requested by that person’s employer and/or supervisor, we will request that the employee sign a Release of Information Form allowing our clinicians (including sub-contractors, consultants and affiliates) to communicate with the company and/or supervisor to facilitate the documentation, assessment and resolution of work-related performance problems. That release shall specify the information that may be disclosed, the purpose for such disclosure, and the effective period during which confidential information may be released to a specific party. If the employee declines to sign the Release of Information Form, we cannot confirm that the employee is a client. The company and/or supervisor may request such a release from the employee in conjunction with reviewing the performance-based consequences that will occur if the clinician cannot provide the company/supervisor with reason to expect a realistic improvement in the employee’s job performance. We will request from the employee a signed Release of Information Form, which authorizes the EAP to release information to the company and/or supervisor when documentation of work performance or relationships appears necessary for making an accurate assessment or to ensure appropriate action on the part of the employee or supervisor in resolving the problem. Communication with Treatment Providers: When an employee’s issues necessitate referral to a treatment provider outside of FRGN, the employee will be asked to sign a Release of Information Form allowing our clinician or consultant to share relevant assessment information with the intended treatment provider. If it is not possible to obtain a written release (as in telephone assessment), the clinician will ask for verbal permission to release the aforementioned information and will document in the employee’s record whether permission is verbally granted. Communication of Aggregate Information: In the case of employees who refer themselves to FRGN or who are referred by a family member, we will verify such referrals only through aggregate demographic data reported to the company on a quarterly basis. The same type of information will be reported on employee family members who use our services. This demographic information does not contain data that could be used to identify specific individuals and/or family members. Disclosure Without a Release: Federal or state laws may, in specific instances, require the disclosure of employee information irrespective of a signed and authorized release form. When a clinician has reasonable suspicion that physical or sexual abuse of a child or vulnerable adult has occurred or that there is a threat of harm to oneself or another person by the employee or an immediate family member, then disclosure to the appropriate authorities is necessary and, in Grand Island Council Session - 9/27/2016 Page 168 / 272 10 many instances, legally mandated. Records may also have to be released without a signed consent by the employee or family member if subpoenaed by a court of law. Security Clearance: With client companies whose employees have security clearances, FRGN agrees to work cooperatively with security personnel, within established State and Federal guidelines, on medical records and information. FRGN requests that the company’s personnel and/or department charged with overseeing and maintaining security continues to assume primary responsibility to ensure the integrity of the company security system. Security personnel will need to manage and assess security issues with those employees referred by self or the company for EAP services. If security obtains a signed consent from a referred employee for the disclosure of confidential information to the company and/or security personnel, FRGN will provide the designated information that may be needed by security personnel to assess the employee’s risk in this respect. In the absence of a signed and authorized release, the employer must assume the responsibility for monitoring employees deemed to be a risk for breaching security. Grand Island Council Session - 9/27/2016 Page 169 / 272 11 POINTS OF CLARIFICATION INTERPRETOR NEEDS: Family Resources of Greater Nebraska agrees to provide interpretive services if and when any employee of the City of Grand Island and/or their family members as covered in the EAP, who do not speak proficient English or who may be hearing impaired, requests utilization of the EAP services. The City of Grand will be billed all fees, in addition to the basic contract amount, incurred by Family Resources through interpreter contracting. See fee schedule. Spanish Counseling services are provided in Grand Island at the office of a Family Resources affiliate. EMPLOYEE LIST The City of Grand Island must agree to provide a current employee list at the beginning of each quarter of the contract to be utilized for employment verification at the initial time of service. HANDLING OF HARRASSMENT ISSUES: Should any therapist providing service to any employee of the City of Grand Island become aware of any type of harassment issues occurring in the workplace, it will be the policy of Family Resources of Greater Nebraska to request said employee to sign a release of information so that open communication can begin between the employee, the therapist, and the Personnel Administrator for the City of Grand Island. RANDOM DRUG TESTING FOLLOW-UP: In accordance with a organization’s drug testing policy, Family Resources through the contracted EAP service, would provide counseling and evaluation services, up to six sessions, to any employee who tests positive for drug use in the workplace. These mandatory sessions do not count against an employees’ personal sessions. Complete substance abuse evaluations require the use of two of the six EAP sessions available to any one individual to complete. CONFLICT RESOLUTION SERVICES: If conflict resolution is needed between two employees, their individual EAP sessions may be utilized. If conflict resolution services are needed between three or more people or within a total department, additional group conflict resolution services may be purchased. See fee schedule. LOCATION OF SERVICE DELIVERY: All EAP services would be delivered in the Family Resources of Greater Nebraska offices in Grand Island, Kearney or York, NE unless it is in the best interest of the client to be served by an affiliate provider in another location. Practice staff will determine this need upon initial contact with the Family Resources office. Grand Island Council Session - 9/27/2016 Page 170 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-234 WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City has the authority to make all contracts and do all other acts in relation to the property and concerns of the City necessary to the exercise of its corporate powers; and WHEREAS, Family Resources of Greater Nebraska PC is the service provider of the City of Grand Island’s Employee Assistance Program (EAP); and WHEREAS, the proposed contract renewal is for $9,000 per year for the contract duration of one year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the agreement by and between the City of Grand Island and Family Resources of Greater Nebraska PC for the period of October 1, 2016 through September 30, 2017. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 171 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-16 #2016-235 - Approving Amendment to IBEW Labor Contract Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 9/27/2016 Page 172 / 272 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:September 27, 2016 Subject:Consideration of Approving Amendment to the Labor Contract between the City of Grand Island and the IBEW Local 1597 (Utilities Department) Bargaining Unit Presenter(s): Aaron Schmid, Human Resources Director Background The City of Grand Island (City) maintains a labor agreement with the International Brotherhood of Electrical Workers (IBEW) Local 1597 (Utilities Department). Proposed changes to the labor agreement must be mutually agreed upon between the City and the Union. Discussion The proposed amendment to the labor contract would create a new job classification titled Utilities Groundsman. The purpose of the new position is to dedicate a specific resource to tree trimming activities. Currently, the Lineworker Apprentice position absorbs these activities. The proposed change would re-allocate one (1) Lineworker Apprentice position to one (1) Utilities Groundsman position. The current wage scale for a Lineworker Apprentice is $21.7042 - $31.8251 per hour. The Utilities Groundsman wage scale would be $20.0000 - $28.0000 per hour. Please find included with this memo a Utilities Groundsman job description along with the labor contract amendment language. The remaining terms of the labor contract will remain unchanged for the duration of the contract. Alternatives It appears the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. 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 - 9/27/2016 Page 173 / 272 Recommendation The City Administration recommends approval of the Amendment to the Labor Contract between the City of Grand Island and the IBEW Local 1597 (Utilities Department) Bargaining Unit. Sample Motion Move to approve. Grand Island Council Session - 9/27/2016 Page 174 / 272 Grand Island Council Session - 9/27/2016 Page 175 / 272 Grand Island Council Session - 9/27/2016 Page 176 / 272 Printed: 9/23/2016 City of Grand Island Page 1 of 3 Rev. 06/28/2016 Utilities Groundsman (8033) IBEW Utilities UTILITIES GROUNDSMAN DEPARTMENT:Electric Utilities CLASSIFICATION:Non Exempt DIVISION:Line JOB CLASS:8033 DEFINITION Learn and perform a variety of semi-skilled and skilled tasks involved in the maintenance of overhead electrical services for the City of Grand Island. SUPERVISION RECEIVED AND EXERCISED Receives immediate supervision from supervisory or managerial staff. Exercises no supervision. ESSENTIAL FUNCTIONS Perform essential duties on tree crew; assist in identifying obstructed lines; work with crew chief in removing limbs and trees accordingly; chip wood from limbs and trees; grind stumps as necessary and clean up debris. Assist as a groundsman with the installation and maintenance of primary and secondary voltage power lines and systems; assist in replacing old or malfunctioning power lines. Perform routine maintenance on electrical equipment, machinery and tools; ensure that service vehicles are equipped to respond to emergency situations. Observe all established safety standards while performing work including the wearing of safety apparel, proper placement of work barricades and warning signs and grounding of machinery and equipment. Assist with cleaning vehicles, equipment and City facilities associated with electric lines work. Operate and use a wide variety of equipment including various hydraulic, hand and power tools, various trucks, wire pulling equipment, and chippers. Regular attendance that is punctual and dependable is required. Display honest, trustworthy, and ethical behavior when dealing with internal and external customers. Establish and maintain cooperative working relationships with those contacted in the course of work. Perform other duties as assigned. QUALIFICATIONS Knowledge of: Safe work practices. Grand Island Council Session - 9/27/2016 Page 177 / 272 Printed: 9/23/2016 City of Grand Island Page 2 of 3 Rev. 06/28/2016 Utilities Groundsman (8033) IBEW Utilities Names, uses and locations of materials and line equipment stored on maintenance vehicles. Pertinent Federal, State, and local laws, codes and regulations. Ability to: Learn proper tree removal and trimming techniques. Learn names, uses and locations of materials and line equipment stored on line and bucket trucks. Learn to identify voltage level and types of power lines. Lift and/or move heavy weights. Perform work during adverse weather conditions. Perform work from ladders, at varying heights above ground level and in confined spaces. Drive and operate all vehicles and equipment assigned. Communicate clearly and concisely, both orally and in writing. Learn and perform duties usually associated with groundsman position. Interpret and apply Federal, State and local policies, procedures, laws and regulations. Read and understand maps, blueprints and drawings. License or Certification: Possession of, or ability to obtain and maintain, an appropriate, valid Class A commercial driver’s license within six (6) months of hire. Possession of, or ability to obtain and maintain, an appropriate valid certification in cardio-pulmonary resuscitation and first aid within six (6) months of hire. EXPERIENCE AND TRAINING GUIDELINES Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Professional tree trimming experience is desired. Training: A high school diploma or GED is required, supplemented by training in electrical work. WORKING ENVIRONMENT Duties are performed both indoors and out. Indoor work is typically performed in a workshop setting. While working outdoors, incumbent is exposed to inclement weather conditions. Duties may also require the incumbent to work in confined spaces. Grand Island Council Session - 9/27/2016 Page 178 / 272 Printed: 9/23/2016 City of Grand Island Page 3 of 3 Rev. 06/28/2016 Utilities Groundsman (8033) IBEW Utilities PHYSICAL REQUIREMENTS Activities: Sitting Frequent Standing Frequent Walking Frequent Reaching Frequent Climbing Frequent Bending Frequent Squatting Frequent Kneeling Frequent Twist/Turn Frequent Balance Frequent Simple Grasping Frequent Handling Frequent Lifting Chair to Floor 85# Minimal 50# Occasional 25# Frequent Waist Level 75# Minimal/Occasional Above Shoulder 50# Occasional 25# Frequent Push/Pull 100# Occasional 50# Frequent Carry: 50 feet 50# Occasional 25# Frequent Use of Feet Foot Controls: Right Frequent Left Frequent Grand Island Council Session - 9/27/2016 Page 179 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-235 WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City has the authority to make all contracts and do all other acts in relation to the property and concerns of the City necessary to the exercise of its corporate powers; and WHEREAS, an employee bargaining unit at the City Of Grand Island is represented by the Internal Brotherhood of Electrical Workers (IBEW) Local 1597; and WHEREAS, representatives of the City and IBEW, Local 1597 met to negotiate a labor amendment; and WHEREAS, the labor amendment creates the job classification of Utility Groundsman; and WHEREAS, the labor amendment specifies a pay scale for the position; and WHEREAS, the City reached an agreement with the IBEW and the agreement has been presented to City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the Labor Amendment by and between the City Of Grand Island and the Internal Brotherhood of Electrical Workers (IBEW) Local 1597for the period of September 27, 2016 through September 30, 2017. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor ATTEST: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 180 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-17 #2016-236 - Approving Annual Payment for Utility Billing Software Support Staff Contact: Renae Griffiths, Finance Director Grand Island Council Session - 9/27/2016 Page 181 / 272 Council Agenda Memo From:Renae Griffiths, Finance Director Meeting:September 27, 2016 Subject:Approving Annual Payment for Utility Billing Software Support Presenter(s):Renae Griffiths Finance Director Background On July 9, 2013, Council approved the purchase and implementation of Advanced Utility Systems CIS Infinity software solution for Utility Billing via resolution 2013-227. This software serves as the billing platform for the Electric, Water and Wastewater funds within the City of Grand Island. The system officially went live on April 1, 2015. Discussion The total cost for the period of 10/1/2016 to 9/30/2017 is $69,648.47 (5.14% increase). This includes annual maintenance support for CIS Infinity, the core software, and Infinity.Link, the online payment website. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 2016-2017 invoice from AUS for software support and licensing. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the Annual Utility Billing Support Invoice in the amount of $69,648.47. Sample Motion Move to approve the Annual Utility Billing Support Invoice from Advanced Utility Systems. Grand Island Council Session - 9/27/2016 Page 182 / 272 Grand Island Council Session - 9/27/2016 Page 183 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-236 WHEREAS, on July 9, 2013, by Resolution 2013-227, the City of Grand Island approved the proposal of N. Harris Computer Corporation, dba Advanced Utility Systems, to implement new utility billing software; and WHEREAS, in order to receive continued maintenance support from the company, it is necessary to make annual payments to Advanced Utility Systems; and WHEREAS, the cost for the period of October 1, 2016 to September 30, 2017 for CIS Infinity support is $58,198.22; and WHEREAS, the cost for the period of October 1, 2016 to September 30, 2017 for Infinity.Link support is $11,450.25. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the payment to Advanced Utility System for Annual Maintenance Support in the amount of $69,648.47 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. ______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 184 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-18 #2016-237 - Approving Pole Attachment License Agreement with Mobilitie, LLC Staff Contact: Jerry Janulewicz Grand Island Council Session - 9/27/2016 Page 185 / 272 Council Agenda Memo From:Jerry Janulewicz, City Attorney Meeting:September 27, 2016 Subject:Resolution and Proposed Agreement with Mobilitie, LLC Presenter(s):Jerry Janulewicz, City Attorney Background Mobilitie, LLC, a limited liability registered to do business in Nebraska, has applied for approval to place wireless communications antennas and equipment on two poles owned by the City of Grand Island and managed by the City Utilities Department. The poles are located in the public right of way north of Fonner Park near the intersection of Fonner Park Road and Pleasant View Drive. The agreement follows the basic format of agreements previously approved by council which allow private attachments to utility poles, with some specific changes to this agreement that were the result of negotiations between the Mobilitie, LLC and city’s legal and utilities departments. Discussion The Nebraska Public Service Commission granted to Mobilitie, LLC, a Certificate of Public Convenience and Necessity to provide facilities-based and resold interexchange and local exchange telecommunications services in the state of Nebraska. As such, under Nebraska statutes and rules of the Federal Communications Commission, Mobilitie may utilize public right-of-way as a public utility, subject to the city’s rules and regulations. Such use is subject to regulation by the city, however, such regulations cannot operate to prohibit such use and the regulations may not favor one form or provider of telecommunications over another. Mobilitie informed the city that it will not be providing wireless telecommunications to the ultimate consumers of wireless services. Rather, its telecommunications equipment will provide a “backhaul” link between wireless communications equipment used by another company or companies that provide wireless communications services and equipment to the ultimate consumers. The proposed agreement includes a five year term and provides that its attachments to the poles must meet safety and equipment requirements of the Utilities Department. Any additional pole attachments must the city’s regulations and approval process in effect at the time any such new or additional attachments applications are submitted by Mobilitie. Grand Island Council Session - 9/27/2016 Page 186 / 272 Council is advised that city staff expects increased activity regarding telecommunications issues as this is an area of immense technological change. Due to the difficulty and expense of developing the large cellular antennas and antenna sites seen in the past, the trend is toward smaller antennas placed on utility, street light, and traffic signal poles. This type of system, known as a distributed antenna system or “DAS,” requires multiple antennas to provide the broadband wireless coverage expected by the public. The FCC’s regulations encourage this development and places some limits on the ability of local governments to regulate these systems. City staff will be reviewing the legal environment with a view toward revising the city’s code sections, as needed, regarding zoning, telecommunications, utility pole attachments, private poles in public right-of-way, and associated matters, balancing the public’s expectation of wireless broadband service with the aesthetic and safety concerns surrounding the use of the right-of-way. Conclusion This item is presented to the City Council for approval of the resolution which, if approved, provides authority for its execution of the agreement with Mobilitie, LLC on behalf of the City of Grand Island. 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 resolution. Sample Motion Move to approve. Grand Island Council Session - 9/27/2016 Page 187 / 272 PL Draft - 9/15/2016 License Agreement Between The City Of Grand Island & Mobilitie, LLC Grand Island Council Session - 9/27/2016 Page 188 / 272 Doc #01-2961585.5 LICENSE AGREEMENT THIS AGREEMENT, made as of [________], 2016, between the City of Grand Island, hereinafter called Licensor, and Mobilitie, LLC, hereinafter called Licensee. WITNESSETH WHEREAS, Licensee provides communication services in the territory in which Licensor provides electric power. WHEREAS, Licensor owns all poles to be used jointly by the parties. WHEREAS, the parties wish to provide for Licensee’s use of Licensor’s utility poles and street light poles. NOW, THEREFORE, the parties hereby agree as follows: 2 Grand Island Council Session - 9/27/2016 Page 189 / 272 Doc #01-2961585.5 ARTICLE I DEFINITIONS As used in this Agreement: (A)Licensor’s “poles” means utility poles and street light poles owned by Licensor and poles owned by third parties, to which Licensor is authorized to permit Licensee to attach its facilities. (B)“Attachments” means antennas, messengers, guy strands, aerial wires, cables, amplifiers, associated power supply equipment and other transmission apparatus necessary for the proper operation of Licensee’s communication facilities. ARTICLE II SCOPE OF AGREEMENT (A)Subject to the provisions of the Agreement, including the proper execution of APPENDIX 1 and 2, Licensor hereby issues to Licensee, for any lawful communication purpose, revocable nonexclusive authorization for the attachment of Licensee’s cables, equipment and facilities to Licensor’s poles within the territory in which both parties now or hereafter operate. This Agreement does not authorize or grant permission to Licensee to affix attachments to traffic control poles or to install Licensee’s poles in the public Right-of-Way. Should Licensee desire to install Licensee’s poles in the public Right-of-Way, Licensee will adhere to Licensor’s reasonable and non-discriminatory regulations and application process for the installation of such poles. (B)No use, however extended, of Licensor’s poles or payment of any fees 3 Grand Island Council Session - 9/27/2016 Page 190 / 272 Doc #01-2961585.5 or charges required under this Agreement shall create or vest in Licensee any ownership or property rights in said poles, but Licensee’s rights therein shall be and remain a mere license. Nothing herein contained shall be construed to compel Licensor to construct, retain, extend, place or maintain any facilities not needed for its own service requirements, nor to reconstruct, replace or substitute any facilities damaged, destroyed or discontinued. (C)Licensee acknowledges that Licensor has heretofore entered into, and may in the future enter into, agreements and arrangements with third parties allowing the attachment of their facilities to the poles covered by this Agreement. Licensor agrees that no such agreement or arrangement will, in any way, diminish the scope of the license granted hereby or Licensee’s rights hereunder. (D)Licensee’s attachment to poles belonging to a third party shall be subject to any restrictions in the Agreement between that third party and Licensor authorizing the attachment. ARTICLE III FEES AND CHARGES (A)Licensee shall pay to Licensor the fees and charges specified in and in accordance with the terms and conditions of APPENDIX 1. (B)Nonpayment of any amount due under this Agreement shall constitute a default of this Agreement. (C)At the expiration of One (1) year from the date of this Agreement and at the end of every one (1) year period thereafter, Licensor may adjust the fees and charges specified in APPENDIX 1 after notice made in writing to Licensee not later than 4 Grand Island Council Session - 9/27/2016 Page 191 / 272 Doc #01-2961585.5 sixty (60) days before the end of the one (1) year period or the end of any subsequent one (1) year period thereafter. Any such adjustment shall reflect only changes in Licensor’s costs, determined in a manner consistent with the determination of the fees and charges specified in APPENDIX 1. ARTICLE IV SPECIFICATIONS (A)Licensee’s fiber, cable, equipment and facilities shall be placed and maintained in accordance with the requirements and specifications of APPENDIX 2. Licensor shall have the right, upon reasonable notice to Licensee, to make reasonable changes and amendments to APPENDIX 2. Unless different standards are specified herein, the provisions of the National Electrical Code and the National Electrical Safety Code, and any amendments thereto or replacements thereof, shall be applicable. ARTICLE V LEGAL AUTHORITY (A)The parties shall at all times observe and comply with, and the provisions of this Agreement are subject to all laws, ordinances and regulations which in any manner affect the rights and obligations of the parties under this Agreement, so long as such laws, ordinances or regulations remain in effect. 5 Grand Island Council Session - 9/27/2016 Page 192 / 272 Doc #01-2961585.5 ARTICLE VI ISSUANCE OF LICENSES (A)Upon execution of this Agreement, the parties will prepare a list indicating to which of the Licensor’s poles Licensee’s facilities are then attached; Licensee shall be deemed to have a license hereunder for attachment to all such poles. Before attaching to additional poles of Licensor, Licensee must make application for and receive license therefore in the form of Exhibit A, hereto. (B)Licensor shall have the right at any time to issue reasonable rules and regulations concerning submission of applications and attachments to poles of Licensor, which rules and regulations shall be binding upon submission of a copy thereof to Licensee. ARTICLE VII POLE REPLACEMENTS, RESTRICTIONS AND REARRANGEMENTS (A)In the event Licensor determines that the space on any pole to which Licensee wishes to make attachment is required for its exclusive use or that the pole may not reasonably be rearranged or replaced, Licensor may refuse attachment to that pole. (B)In the event Licensor determines that any pole to which Licensee wishes to make attachments is inadequate or otherwise needs rearrangement of the existing facilities thereon to support or accommodate the additional facilities of Licensee in accordance with the specifications set forth in APPENDIX 2, Licensor will indicate on the application (Exhibit A) the changes necessary to provide adequate pole space and the estimated cost thereof to Licensee and return the application to Licensee. If 6 Grand Island Council Session - 9/27/2016 Page 193 / 272 Doc #01-2961585.5 Licensee wishes that such changes be made and returns the application marked to so indicate, Licensor will make such changes, including the replacement of inadequate poles, and Licensee shall pay Licensor in accordance with the terms of APPENDIX 1. Licensee shall also reimburse the owner or owners of other facilities attached to said poles for any expense incurred by it or them in transferring or rearranging said facilities to accommodate Licensee’s attachments. (C)Should Licensor need for its own service requirements the space occupied by Licensee’s attachments on any of Licensor’s poles, Licensee will be notified that it shall either surrender its license for that pole and, at its own expense, vacate the space by removing its attachments, or it shall authorize Licensor to replace the pole at the expense of Licensee, in the same manner as stated in the preceding Paragraph (B) covering the replacement or rearrangement of poles when required to accommodate Licensee’s attachments; or, if Licensor advises Licensee that Licensee’s desired attachments can be accommodated on present poles of Licensor by rearranging Licensor’s facilities thereon, Licensee shall authorize Licensor to make such arrangements at the expense of Licensee. Licensee shall also reimburse the owner or owners of other facilities attached to said poles for any expense incurred by it or them in transferring or rearranging said facilities to accommodate Licensee’s attachments. Any strengthening of poles will be provided at the expense of Licensee in accordance with the specifications in APPENDIX 2. (D)When Licensor receives multiple applications for attachment to any pole that must be replaced or rearranged to provide sufficient space, Licensor will, to the extent that it is practical to do so, prorate the common expenses of engineering, rearrangement and replacement, if any, among all the applicants. Licensee shall 7 Grand Island Council Session - 9/27/2016 Page 194 / 272 Doc #01-2961585.5 be bound by Licensor’s determination as to any such proration of costs to Licensee. (E)Whenever it is necessary for Licensor to make pole replacements or rearrangements in order to accommodate Licensee’s cable, equipment and facilities, Licensor will endeavor to have such work performed as soon as is practicable upon consideration of Licensor’s service requirements, but only after issuance of the license to, and acceptance of responsibility for costs by, Licensee. (F)Licensee shall provide all anchors and guying necessary for its facilities. If the presence of Licensee’s facilities on Licensor’s poles make it necessary for Licensor to modify its existing guying or add new guying to its poles, then the cost of such modifications or additions shall be reimbursed by Licensee. (G)When Licensor’s facilities occupy space on a pole owned by a third party, Licensee shall reimburse Licensor for any expense incurred in transferring or rearranging its facilities thereon, if such transfer or rearrangement is the result of Licensee’s use or proposed use of said pole. ARTICLE VIII CONSTRUCTION AND MAINTENANCE OF FACILITIES (A)Licensee shall, at its own expense, make and maintain its pole attachments in a safe condition and in thorough repair, and in a manner reasonably acceptable to Licensor, and so as not to conflict with the use of Licensor’s poles by Licensor or by other authorized users thereof, or interfere with other facilities thereon or which may from time to time be placed thereon. If reasonably necessary to satisfy any of the above conditions, Licensee shall, upon 30 days’ notice from Licensor and at its own expense, relocate or replace its facilities on Licensor’s poles, or transfer them to 8 Grand Island Council Session - 9/27/2016 Page 195 / 272 Doc #01-2961585.5 substituted poles, or perform any other work in connection with its facilities that may reasonably be required by Licensor; provided, however, that in cases of emergency, Licensor may arrange to relocate or replace the attachments placed on its poles by Licensee, transfer them to substituted poles or perform any other work in connection with Licensee’s facilities that may be required in the maintenance, replacement, removal or relocation of Licensor’s poles or of the facilities thereon, or which may be placed thereon, or for the service needs of Licensor, and Licensee shall reimburse Licensor for the expense thereby incurred; provided further, however, that Licensee shall have no obligation to relocate, replace, or transfer its facilities solely to accommodate the service needs of any person other than Licensor, unless such person shall make arrangements, satisfactory to Licensee, to reimburse Licensee for such work. (B)All tree trimming required on account of Licensee’s attachments shall be done by Licensee at its sole risk and expense and in a manner satisfactory to Licensor. The parties may agree that Licensor shall conduct tree trimming and be reimbursed by Licensee. ARTICLE IX TERMINATION OF LICENSES (A)Upon notice from Licensor to Licensee that the use of any pole is not authorized by Federal, State, County authorities or private property owners, the license covering the use of such pole shall immediately terminate and shall be surrendered and Licensee shall remove its fiber, cables, equipment and facilities at once from the affected pole or poles at Licensee’s expense. 9 Grand Island Council Session - 9/27/2016 Page 196 / 272 Doc #01-2961585.5 (B)Licensee may at any time remove its facilities from any pole of Licensor, but shall immediately give Licensor written notice of such removal and surrender of License in the form of Exhibit B attached hereto and made a part hereof. If Licensee surrenders its license for a pole but fails to remove its facilities from that pole within thirty (30) days, Licensor shall have the right, upon reasonable notice, to remove Licensee’s facilities at Licensee’s expense and without any liability on the part of Licensor for damage or injury to Licensee’s facilities. In the event that Licensee’s fiber, cables, equipment and facilities shall be removed from any pole as provided by this Article, no attachment shall again be made to such pole unless Licensee shall have first complied with all of the provisions of this Agreement as though no such attachment had previously been made. (C)Licensor shall have the right, upon written notice, to terminate the license for a particular pole: (1)If, in Licensor’s reasonable judgment, its service needs require full utilization of that pole; or (2)If changes in the physical facilities, space or location requirements or service requirements of Licensor render such poles inadequate to support the facilities of Licensee; provided, however, that in such event Licensee may request the substitution of suitable poles upon the same terms and conditions as would be applicable under ARTICLE VII. ARTICLE X INSPECTIONS OF LICENSEE’S INSTALLATIONS 10 Grand Island Council Session - 9/27/2016 Page 197 / 272 Doc #01-2961585.5 (A)Licensor reserves the right to make periodic inspections of any part of the fiber, cable, equipment and facilities of Licensee on its poles, and Licensee shall reimburse Licensor for the expense of such inspections, provided that, if Licensee’s facilities which are to be inspected are co-located on a pole with the equipment of another party, the cost of such inspection shall be divided among the parties with facilities on said inspected pole. Inspections will be made no more than once a year and only upon notice to Licensee unless, in Licensor’s judgment, such inspections are required for reasons involving safety or are required because of Licensee’s violation of the terms of this Agreement. The charge for the inspection shall be in accordance with the terms and conditions of APPENDIX 1. The making of such inspections or the failure to do so shall not operate to relieve Licensee of any responsibility, obligation or liability assumed under this Agreement. (B)If any fiber, cable, equipment and facilities of Licensee shall be found on a pole for which no license is outstanding, Licensor, without prejudice to its other rights or remedies under this Agreement or otherwise, may (1) impose a charge, and (2) require Licensee to remove such fiber, cable, equipment and facilities forthwith or Licensor may remove them without liability and the expense of removal shall be borne by Licensee; provided, however, that if Licensee shall forthwith make application for a license in the form of Exhibit A hereto, Licensor will not require such removal unless necessary for Licensor’s service requirements and, except in the case of an emergency, will not remove Licensee’s facilities without first giving 30 days notice to Licensee. For the purpose of determining the charge, absent satisfactory evidence to the contrary, the unlicensed use shall be treated as having existed for a period of two (2) years prior to its discovery or for the period beginning with the date of this Agreement, whichever 11 Grand Island Council Session - 9/27/2016 Page 198 / 272 Doc #01-2961585.5 period shall be the shorter; and the fee, at the appropriate rate as shown in APPENDIX 1, for each year and for any portion of a year contained in such period, shall be due and payable forthwith. Any such fee imposed by Licensor shall be in addition to its rights to any other sums due and payable and to any claims or damages under this Agreement or otherwise. No act or failure to act by Licensor with regard to said fee or said license shall not operate retroactively or constitute a waiver by Licensor of any of its rights or privileges under this Agreement or otherwise. ARTICLE XI LIABILITY AND DAMAGES (A)Licensor shall exercise precaution to avoid damaging the communication fiber of the Licensee and shall make an immediate report to the Licensee of the occurrence of any such damage caused by its employees, agents or contractors. Licensor agrees to reimburse the Licensee for all reasonable costs incurred by the Licensee for the physical repair of such facilities damaged by the negligence of Licensor; provided, however, Licensor shall not be liable to Licensee for any interruption of Licensee’s service or for interference with the operation of Licensee’s communication fiber, or for any special, indirect, or consequential damages. (B)Licensee shall exercise precaution to avoid damaging the facilities of Licensor and of others attached to poles or anchors, and shall make an immediate report to the owner of facilities so damaged; and Licensee assumes all responsibility for any and all direct loss and from such damage caused by Licensee’s employees, agents or contractors. 12 Grand Island Council Session - 9/27/2016 Page 199 / 272 Doc #01-2961585.5 (C)Notwithstanding anything in this Agreement to the contrary, no party shall be liable for consequential, special, incidental or indirect damages, regardless of whether said claim is based upon contract, warranty, tort (including negligence and strict liability) or other theory of law. (D)Licensee shall indemnify, protect and save harmless the Licensor from any and all damages and costs, including reasonable attorney fees, incurred by the Licensor as a result of acts by the Licensee, its employees, agents or contractors, including but not limited to the cost of relocating poles, anchors or guys resulting from a loss of right-of-way or property owner consents and/or the cost of defending those rights and/or consents. (E)The Licensee shall indemnify, protect and save harmless the Licensor from any and all claims, demands, causes of actions and costs, including attorney fees, for damages to property and injury or death to persons, including but not limited to payments under any Workmen’s Compensation Law or under any plan for employee’s disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, or use or removal of Licensee’s facilities or by their proximity to the facilities of other parties attached to a pole or anchor, or by any act or omission of the Licensee’s employees, agents or contractors on or in the vicinity of the Licensor’s poles, anchors or guys. (F)The Licensee shall indemnify, protect and save harmless the Licensor from any and all claims, demands, causes of action and costs, including attorney fees, which arise directly or indirectly from the construction and operation of Licensee’s facilities, including but not limited to taxes, special charges by others and from and against all claims, demands and costs, including attorney fees, for infringement of 13 Grand Island Council Session - 9/27/2016 Page 200 / 272 Doc #01-2961585.5 patents with respect to the manufacture, use and operation of Licensee’s facilities in combination with poles, anchors, guys or otherwise. (G)Licensee shall promptly advise the Licensor of all claims relating to damage of property of injury to or death of persons, arising or alleged to have arisen in any manner, directly or indirectly, from the erection, maintenance, repair, replacement, presence, use or removal of the Licensee’s facilities. Copies of all accident reports and statements made by the Licensee or others shall be furnished promptly to the Licensor. (H)Licensor shall promptly advise the Licensee of all claims relating to damage of property of injury to or death of persons, arising or alleged to have arisen in any manner, directly or indirectly, from the erection, maintenance, repair, replacement, presence, use or removal of the Licensee’s facilities. Copies of all accident reports and statements made by the Licensor or others shall be furnished promptly to the Licensee. ARTICLE XII INSURANCE (A)Licensee shall obtain and maintain insurance, including endorsements insuring the indemnification provisions of this Agreement, issued by an insurance carrier satisfactory to Licensor to protect the Licensor and joint user from and against all claims, demands, causes of actions, judgments, costs, including attorney fees, expenses and liabilities of every kind and nature which may arise or result, directly or indirectly from or by reason of such loss, injury or damage as covered in this Agreement including ARTICLE XI preceding. (B)The amount of such insurance: Insurance Coverage Limits 14 Grand Island Council Session - 9/27/2016 Page 201 / 272 Doc #01-2961585.5 1.Worker’s Compensation Statutory Employer’s Liability: a.Bodily Injury by Accident $ 500,000 each accident b.Bodily Injury by Disease $1,000,000 policy limit c.Bodily Injury by Disease $ 500,000 each employee 2.Comprehensive Automobile a.Bodily Injury and Property $1,000,000 Damage Combined Single Limit 3.Comprehensive General Liability a.Bodily Injury and Property $1,000,000 each person Damage Combined $2,000,000 aggregate (C)Licensee shall submit to Licensor certificates by each company insuring Licensee upon each new issuance or renewal to the effect that is has insured Licensee for all liabilities of Licensee covered by this Agreement and that it will not cancel or change any such policy of insurance issued to Licensee except after 60 days written notice to Licensor. (D)All insurance required in accordance with (B) and (C) preceding must be effective before Licensor will authorize attachment to a pole and/or anchor, utilization of an anchor/guy strand or occupancy of a conduit system and shall remain in force until such Licensee’s facilities have been removed from all such poles, anchors, or conduit systems. In the event that the Licensee shall fail to maintain the required insurance coverage, Licensor may pay any premium thereon falling due, and the Licensee shall forthwith reimburse the Licensor for any such premium paid. 15 Grand Island Council Session - 9/27/2016 Page 202 / 272 Doc #01-2961585.5 ARTICLE XIII LICENSE NOT EXCLUSIVE Nothing herein contained shall be construed as a grant of any exclusive license, right or privilege to Licensee. Licensor shall have the right to grant, renew and extend rights and privileges to others not parties to this Agreement, by contract or otherwise, to use any poles covered by this Agreement. ARTICLE XIV ASSIGNMENT OF RIGHTS (A)Licensee shall have the right to assign this Agreement to any parent, subsidiary, affiliate, or any person, firm, or corporation that shall control, be under control of, or be under common control with Licensee, or to any entity to which Licensee may be merged or consolidated or which purchases all or substantially all of the assets of Licensee that are subject to this Agreement. (B)Except for the right to assign pursuant to Article XIV(A), Licensee shall not assign or transfer the privileges contained in this Agreement without the prior consent in writing of Licensor. Licensor shall not unreasonably withhold such consent. (C)Notwithstanding the foregoing, Licensee may provide capacity across Licensee’s communications facilities to a third party without the consent required in this Article XIV, so long as Licensee retains control over and remains solely responsible for, such communications facilities. (D)Subject to the provisions of Paragraphs (A) and (B) hereof, this Agreement shall extend to and bind the successors and assigns of the parties hereto. ARTICLE XV 16 Grand Island Council Session - 9/27/2016 Page 203 / 272 Doc #01-2961585.5 TERMINATION OF AGREEMENT (A)If Licensee breaches any of the terms or conditions of this Agreement or defaults in any of its obligations under this Agreement and shall fail within thirty (30) days after written notice from Licensor to correct such default or breach, Licensor may, at its option, forthwith terminate this Agreement and all licenses granted hereunder, or the licenses covering the poles as to which such default or breach shall have occurred. Notwithstanding the foregoing, if, at the end of this thirty (30) day period, Licensee is making diligent efforts to correct such default or breach, Licensor shall provide Licensee an additional sixty (60) days to correct such default or breach. If Licensee fails to correct such default or breach at the end of this sixty (60) day period Licensor may, at its option, forthwith terminate this Agreement and all licenses granted hereunder, or the licenses covering the poles as to which such default or breach shall have occurred. (B)Notwithstanding Article XV(A), if Licensee’s breach results in a situation in which, in Licensor’s reasonable judgment, public safety is endangered, Licensor may take steps, at Licensee’s sole cost and expense, to cure such breach and ensure public safety. Should Licensor take such steps, Licensor may send Licensee an invoice detailing the cost of such steps. Upon receipt of this invoice, Licensee shall have sixty (60) days to reimburse Licensor for the cost of such steps. If Licensee fails to reimburse Licensor within these sixty (60) days, Licensor may terminate this Agreement and all licenses granted hereunder, or the licenses covering the poles as to which such default or breach shall have occurred. (C)Licensor shall have the right to terminate this entire Agreement or individual licenses granted hereunder, without notice (1)If the Licensee’s facilities are maintained or used in 17 Grand Island Council Session - 9/27/2016 Page 204 / 272 Doc #01-2961585.5 violation of any law or in aid of any unlawful act or understanding; or (2)If any permit or other authorization which may be required by any governmental authority for the operation or maintenance of Licensee’s fiber, cables, wire, equipment and facilities on Licensor’s poles is revoked, denied, or not granted before the date when possession of such permit or authorization becomes a condition of continued operations; or (3)If Licensee defaults under ARTICLE IV. (D)Licensee may terminate this Agreement at any time by removing its facilities from all of Licensor’s poles, as provided in ARTICLE IX (B). ARTICLE XVI TERM OF AGREEMENT (A)This Agreement shall, unless terminated in accordance with its provisions, continue in effect for an initial term of five years. Licensor or Licensee may terminate this Agreement at the end of the initial term by notifying Licensee in writing at least one (1) year prior to the end of that term. If not so terminated, this Agreement shall continue in force upon the same terms and conditions for a further term of five (5) years, and for successive one (1) year terms thereafter, until terminated by Licensor or Licensee at the end of any such term upon not less than one (1) year’s written notice to the other party. Upon termination of the Agreement in accordance with any of its terms, all outstanding licenses shall terminate and Licensee shall immediately remove its fiber, cables, equipment and facilities from all poles of Licensor. Upon Licensee’s failure to do so, 18 Grand Island Council Session - 9/27/2016 Page 205 / 272 Doc #01-2961585.5 Licensor shall have the right to remove Licensee’s fiber, cable, equipment and facilities at the cost and expense of Licensee and without any liability therefore. (B)Licensor hereby reserves the right to amend, revise, modify, or restate its ordinances, rules, regulations and procedures regarding pole attachments and pole attachment licensing, telecommunications facilities, and private use of public right-of- way. (C)Notwithstanding anything in this Agreement to the contrary, applications submitted by Licensee for permission to install new or additional attachments to Licensor’s poles or new or additional use of the public right-of-way shall be subject to and governed by the ordinances, rules, regulations and procedures in effect at the time the application is received by Licensor. ARTICLE XVII NOTICES Notices under this Agreement may be given by posting the same in first class mail to the Licensee as follows: Legal Department Mobilitie, LLC 2220 University Drive Newport Beach, CA 92660 and to the Licensor as follows: Mayor City of Grand Island 19 Grand Island Council Session - 9/27/2016 Page 206 / 272 Doc #01-2961585.5 P.O. Box 1968 Grand Island, NE 68802-1968 ARTICLE XVIII RECORDS The Licensee shall file a complete set of as-built records for its communication system, including all extensions and modification in the Grand Island Electric Utilities Department for the area where the Licensor provides electric power. 20 Grand Island Council Session - 9/27/2016 Page 207 / 272 Signature Page for License Agreement WITNESS (ATTEST)MOBILITIE, LLC BY Title WITNESS (ATTEST)CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation BY Title:Mayor Grand Island Council Session - 9/27/2016 Page 208 / 272 Doc #01-2961585.5 Exhibit A APPLICATION AND POLE ATTACHMENT LICENSE *Pole Attachment Application No. Date (Licensee) (Street Address) (City and State) CITY OF GRAND ISLAND UTILITIES DEPARTMENT: In accordance with the terms and conditions of the License Agreement between us, dated , application is hereby made for a nonexclusive license to attach communications facilities to poles, anchors, and/or utilize anchor/guy strands. Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: USE REVERSE SIDE FOR ADDITIONAL LOCATIONS (Licensee) By: Title: Phone Number: * Individual applications to be numbered in sequential ascending order by License. Grand Island Council Session - 9/27/2016 Page 209 / 272 Doc #01-2961585.5 Pole Attachment License Number is hereby granted to attach the communications facilities described in this application to poles, anchors, utilize anchor/guy strands. CITY OF GRAND ISLAND UTILITIES DEPARTMENT (Licensor) By: Title: Phone Number: 23 Grand Island Council Session - 9/27/2016 Page 210 / 272 Doc #01-2961585.5 Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Pole Location: Equipment to be attached: Description of requested attachment: Grand Island Council Session - 9/27/2016 Page 211 / 272 Doc #01-2961585.5 25 Grand Island Council Session - 9/27/2016 Page 212 / 272 Doc #01-2961585.5 Exhibit B NOTIFICATION OF POLE ATTACHMENT ABANDONMENT * Abandonment Notice No. Date (Licensee) (Street Address) (City and State) CITY OF GRAND ISLAND UTILITIES DEPARTMENT: In accordance with the terms and conditions of the License Agreement between us, dated , notification is hereby made of abandonment of pole attachments of communications equipment as listed below: Pole Location: Pole Location: Pole Location: Pole Location: (Use reverse side for additional locations) (Licensee) By: Title: Phone Number: CITY OF GRAND ISLAND UTILITIES DEPARTMENT (Licensor) By: Title: Phone Number: Grand Island Council Session - 9/27/2016 Page 213 / 272 Doc #01-2961585.5 *Individual abandonment notifications to be numbered in sequential ascending order by Licensee. Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: Pole Location: 27 Grand Island Council Session - 9/27/2016 Page 214 / 272 Doc #01-2961585.5 APPENDIX 1 SCHEDULE OF FEES AND CHARGES THIS APPENDIX 1 is, from the effective date hereof, an integral part of the License Agreement between the City of Grand Island, herein called Licensor, and Mobilitie, LLC, therein called Licensee, dated , (hereinafter called the Agreement), and contains the fees and charges governing the use of Licensor’s poles to accommodate the fiber, cable, wire equipment and facilities of Licensee in the territory in which both parties hereto now or hereafter operate. The effective date of this APPENDIX 1 is . POLE ATTACHMENTS 1.ATTACHMENT FEE:$6.00 per pole per annum. a.Computation: For the purpose of computing the total attachment fees due hereunder, the total fee shall be based upon the number of poles to which attachments are actually made, on the first day of June and the first day of December of each year. The first advance payment of the annual charge for Licenses granted under this Agreement shall be prorated from the date that the attachment is made to the pole to the first regular payment date. b.Payment Date: Attachment fees shall be due and payable semiannually, in advance, on the first day of January for the first half of the calendar year next preceding, and on the first day of July for the last half of the calendar year. Grand Island Council Session - 9/27/2016 Page 215 / 272 Doc #01-2961585.5 Failure to pay such fees within 20 days after presentment of the bill therefore or on the specified payment date, whichever is later, shall constitute a default of this Agreement. c.Termination of License: Upon termination or surrender of a license granted hereunder, the applicable attachment fee shall be prorated for the period during which the attachment was made to Licensor’s pole during the final semiannual period and shall be credited to Licensee; provided, however, that there shall be no proration of an attachment fee if the license is terminated as a result of any act or omission of Licensee in violation of this Agreement. 2.OTHER CHARGES a.Computation: (1)All charges incurred by Licensor as a result of inspections, engineering, rearrangements, removals of Licensee’s facilities from Licensor’s poles and any other work performed for Licensee shall be based upon the full cost and expense to Licensor for performing such work plus the appropriate current overhead rate on the costs incurred in performing such work for Licensee. The cost to Licensor shall be determined in accordance with the regular and customary methods used by Licensor in determining such costs. (2)The charge for replacement of poles shall include the entire non- betterment cost to Licensor, including the increased cost of larger poles, sacrificed life value of the poles removed, cost of removal less any salvage recovery and the cost of transferring Licensor’s facilities from the old to the new poles. 29 Grand Island Council Session - 9/27/2016 Page 216 / 272 Doc #01-2961585.5 b.Power Usage: The Facilities that Licensee is installing on the poles may require the use of electrical power to be billed in accordance with the Electric Rate Schedule established by City Ordinance. Licensor shall provide monthly billing to Licensee for such power usage. c.Payment Date: All bills for such other charges shall be payable upon presentment to Licensee, and shall be deemed delinquent if not paid within 30 days after presentment to Licensee. 30 Grand Island Council Session - 9/27/2016 Page 217 / 272 Doc #01-2961585.5 DATED: WITNESS (ATTEST)Mobilitie, LLC BY Title: WITNESS (ATTEST)CITY OF GRAND ISLAND, NE A Municipal Corporation BY Title:Mayor Grand Island Council Session - 9/27/2016 Page 218 / 272 Doc #01-2961585.5 APPENDIX 2 ATTACHMENTS TO POLES THIS APPENDIX 2 is, from the effective date hereof, an integral part of the License Agreement (hereinafter called the Agreement) between the City of Grand Island, therein called Licensor, and Mobilitie, LLC, therein called Licensee, dated and contains certain minimum requirements and specifications governing the attachment of fiber, cables, equipment and facilities of Licensee (sometimes called Attachments in this Appendix) to poles of Licensor in the territory in which both parties hereto now or hereafter operate. The effective date of this Appendix 2 is . GENERAL 1. The Licensee is responsible for the proper design, construction and maintenance of its Attachments. Attachments generally will be limited to strand support cable, wire, service drops, terminals and necessary appurtenances deemed by Licensor to be suitable for pole mounting. 2.Any rearrangement of Licensor’s facilities or replacement of poles required to accommodate Licensee’s Attachments shall be done by Licensor or a contractor authorized by Licensor. 3.The fees and charges specified in APPENDIX 1 shall be applicable, (to all licenses granted to Licensee hereunder) without regard to the methods of attachment used. Grand Island Council Session - 9/27/2016 Page 219 / 272 Doc #01-2961585.5 4.Licensee’s Attachments shall be plainly identified by appropriate marking, satisfactory to Licensor. 5.Licensee’s workmen shall assure themselves that any pole to be climbed has sufficient strength or is adequately braced or guyed to support the weight of the workmen. 6.All requirements of the National Electrical Safety Code referred to herein shall mean the 2007 Edition of such code, or any later amendment or replacement thereof, and shall include any additional requirements of any applicable Federal, State, County or Municipal Code. References to simply the Safety Code, or to N.E.S.C., have the same meaning. 7.While many of the standards and technical requirements for Licensee’s cable, equipment and facilities are set forth herein, Licensor reserves the right to specify the type of construction required in situations not otherwise covered in this Appendix. In such cases, Licensor will in its discretion furnish to Licensee written material which will specify and explain the required construction. 8.Licensee’s Attachments shall not use or carry voltages or currents in excess of the limits prescribed for cable television conductors by the National Electrical Safety Code Section 230 F1 & F2. However, all parts of the Licensee’s Attachments carrying voltages in excess of 60 volts AC (rms) to ground or 135 volts DC to ground, except for momentary signaling or control voltages, shall be enclosed in an effectively grounded sheath or shield. All energized parts of Licensee’s Attachments shall be suitably covered to prevent accidental contact to the general public, Licensor’s workmen or workmen of another licensee having facilities on the same pole. 33 Grand Island Council Session - 9/27/2016 Page 220 / 272 Doc #01-2961585.5 9.Licensor shall determine whether Licensee’s Attachments cause or may cause electrical interference with Licensor’s or any other Licensee’s communication facilities. Licensee shall, on demand of the Licensor, correct immediately at Licensee’s expense any such interference including, if necessary, removal of the Attachments causing the interference. 10.No Attachment shall use the earth as the sole conductor for any part of the circuit. 11.Licensee shall not circumvent Licensor’s or any other licensee’s corrosion mitigation measures (e.g., short circuit insulating joints). GROUNDING AND BONDING 12.All power supplies shall be grounded. The neutral side of the power drop shall be continuous and not fused. The neutral line shall also be bonded to any power supply cabinet. Any cabinet shall be connected to an earth ground at the pole. In areas where the Licensor has a ground wire (which is connected to the Licensor’s neutral) running down the pole, the cabinet can be connected to it. Where a Licensor vertical ground wire is not available, the Licensee must place a ground rod. All cabinets, housings and metal socket bases on a common pole shall be bonded to each other, to the Licensor’s strand and to the Licensee’s strand. 13.Where two or more aerial suspension strands are located on the same pole, the suspension strands shall be bonded together. Licensee shall attach the bonding wire to its strand and leave a sufficient length of wire to complete the bond. Where the strands of two or more licensees are to be bonded together, the licensee 34 Grand Island Council Session - 9/27/2016 Page 221 / 272 Doc #01-2961585.5 placing the last strand, if authorized to do so by the other licensees, shall make both connections. Where such authorization is not granted by the licensee owning the existing strand, Licensee shall attach the bonding wire to its strand and leave enough wire to permit making a connection and shall be responsible for completing the bonding. Licensee may bond its cable sheath to Licensor’s common neutral, vertical ground wires, and ground rods at whatever frequency Licensee desires. All vertical ground wires shall be covered by a molding. Ground rods installed by Licensee shall be in accordance with National Electrical Safety Code. 14.Strands attached to the same bolt do not have to be bonded. 15.Where a Licensee’s strand leaves a pole which carries other strands supporting cable television cables, and Licensee’s strand continues to a pole carrying power facilities of Licensor, Licensee’s fiber cable shall be: (A)Bonded to other cable television strands on the pole that it leaves; (B)Bonded to an effective ground preferably within two spans but not greater than ten (10) spans after leaving said pole, and; (C) Bonded with a No. 6 solid, soft-drawn copper wire. The wire must be attached to the strand with an approved clamp, such as a lashing wire clamp, designed for attachment to each specific size of strand involved (for example, Chance Lashing Wire Clamp, Catalog Number 9000, or equivalent). 17.Strands supporting drop wire shall be bonded to the cable suspension strand. 35 Grand Island Council Session - 9/27/2016 Page 222 / 272 Doc #01-2961585.5 18.Any connecting or bonding to Licensor’s facilities shall be done by Licensor and the connecting or bonding wire shall be sufficient length to allow Licensor to complete the connection or bond. CLEARANCES 19.Licensee’s Attachments are subject to cable television facilities clearances and shall meet all of the pertinent clearance requirements of the National Electric Safety Code. Safety Code rules covering the most commonly encountered conditions are listed below: NESC 2007 Edition General Rule (A)Vertical clearance on poles 235 jointly occupied by communication fiber, cable television facilities, and power facilities (B)Mid-span clearance between communication 235 fiber, cable television facilities, and power facilities (C)Crossing clearances of facilities 233 carried on different supports (D)Clearances from street light 238 brackets and associated wiring (E)Clearances of conductors from 233 another line 36 Grand Island Council Session - 9/27/2016 Page 223 / 272 Doc #01-2961585.5 (F)Clearances of vertical and lateral 239 conductors from other wires and surfaces on the same support (G)Clearances in any direction from 235 line conductors and supports, and to vertical or lateral conductors, span or guy wires, attached to the same support (H)Vertical clearance of wires above 232 ground or rails (I)Structures for overhead lines 280 1. Supporting structure items one (1) thru five (5) 2.Unusual conductor supports LOCATION AND SPACING 20.Licensor shall specify the location of Licensee’s Attachments on each pole, including the location of Licensee’s riser cables. Where Licensor has installed its own communication circuits (supervisory control circuits) for operation of its electric system, clearance of Licensee’s facilities from these communication circuits shall be the same as from Licensor’s common neutral conductor. 37 Grand Island Council Session - 9/27/2016 Page 224 / 272 Doc #01-2961585.5 21.The minimum vertical separation between Licensee’s strand, and the strand of another licensee when located on same side of pole shall be twelve (12) inches. Licensee’s strand shall be located at a point on the pole that provides the minimum clearance allowed by the National Electric Safety Code from the ground. Licensee may, however, agree with another licensee to reduce the separation between their respective strands. Separation between the bolt holes must be in any event at least four (4) inches. 22.Licensee shall be required to place all of its Attachments, so not to interfere with climbing space, as defined in the National Electrical Safety Code. 23.Through bolts may not be placed less than ten inches from the top of the pole. When through bolts present a hazard to climbing; i.e., extend more than two inches beyond the nut, they shall be trimmed to a safe length. 24.Pole steps will not be allowed on any Licensor pole, except to specific cases judged to be in the interest of safety by the Licensor. LOADING 25.The Licensee shall furnish to Licensor as a part of Exhibit A to this Agreement the details as to the ultimate strength, tension at 60F, and maximum tension in its suspension strand or conductor under the applicable storm loading specifications in Code. 38 Grand Island Council Session - 9/27/2016 Page 225 / 272 Doc #01-2961585.5 26.Licensee shall furnish to Licensor as a part of Exhibit A to this Agreement details as to the weight and size of its fiber/cables, suspension strands and/or conductors, with and without the ice loading, as specified by the National Electrical Safety Code (Rule 251) or appropriate local code for the loading area concerned. NESC Rule 250 covers the degree of loading (light, medium, heavy) appropriate in different sections of the country. Where a local code designates a heavier degree of loading than the NESC, the local requirements shall govern. 27.Licensee may lash its fiber/cable to the strand of another licensee, where this is acceptable to all other licensees involved and to Licensor. Maximum tension of Licensee’s strand shall not exceed 60% of the breaking strength under applicable storm loading, as defined by the National Electrical Safety Code (Rule 251). Where local codes designate a heavier degree of loading than the NESC, the local requirements shall govern. GUYING 28.Guying will be required on poles where the total unbalanced load, including the tension due to Licensee’s Attachments under the appropriate storm loading prescribed by the National Electrical Safety Code (Rule 251), exceed 200 pounds unless the pole was designed as an unguyed corner pole and the pole has adequate strength and stability, in the opinion of Licensor, to withstand the additional load. 29.Guys, when required, shall be of such material and dimensions as to provide adequate strength to withstand the transverse loads specified in the National Electrical Safety Code (Rule 252B), and the longitudinal load assumed in the Code 39 Grand Island Council Session - 9/27/2016 Page 226 / 272 Doc #01-2961585.5 (Rule 252C). Guys on poles which also support power facilities shall be in compliance with the National Electrical Safety Code (Rule 261C and 282). 30.Guy guards shall be installed in compliance with NESC (Rule 282E). 31.Licensee may attach its guy to Licensor’s anchor rods only where Licensor specifically authorizes it in writing. Should it be necessary to replace the anchor at a later date to provide added strength for Licensor’s requirements, the anchor shall be replaced at Licensee’s expense if the existing anchor rod would support Licensor’s Attachments without regard to Licensee’s guy. 32.More than one licensee may use a common guy to sustain their combined load. 33.Guys shall be insulated as specified in the Safety Code (Rules 215 and 283) and at any location where Licensee’s guy parallels Licensor’s guy with insulator. Licensee’s guys shall not short circuit Licensor’s guy insulators. 34.Cross guying of Licensee’s guys with Licensor’s guys is not allowed. 35.Material used for guys shall be compatible from a corrosion standpoint with the hardware to which it is attached. 40 Grand Island Council Session - 9/27/2016 Page 227 / 272 Doc #01-2961585.5 DATED: WITNESS (ATTEST)Mobilitie, LLC BY Title: WITNESS (ATTEST)CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation BY Title: Mayor Grand Island Council Session - 9/27/2016 Page 228 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-237 WHEREAS, Mobilitie, LLC, (“Mobilitie”) requested permission from the City to place wireless telecommunications equipment on two city utility poles located near the intersection of Fonner Park Road and Pleasant View Drive; and WHEREAS, Mobilitie intends to utilize the wireless telecommunications equipment to provide a “backhaul” link between wireless communications equipment used by another company or companies that provide wireless communications services and equipment to the ultimate consumers; and WHEREAS, The Nebraska Public Service Commission granted to Mobilitie, LLC, a Certificate of Public Convenience and Necessity to provide facilities-based and resold interexchange and local exchange telecommunications services in the state of Nebraska, and WHEREAS, Mobilitie executed a proposed license agreement for the placement of attachments on City’s utility poles as specified in its application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the License Agreement by and between the City of Grand Island and Mobilitie, LLC should be and hereby is approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 229 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item G-19 #2016-238 – Approving MOU with Central Nebraska Humane Society for Extension of Contract Staff Contact: Jerry Janulewicz Grand Island Council Session - 9/27/2016 Page 230 / 272 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:September 27, 2016 Subject:Approval of Memorandum of Understanding Extending Current Contract with CNHS Presenter(s):Jerry E. Janulewicz, City Attorney Background The City of Grand Island has a contract with the Central Nebraska Humane Society (CNHS) for providing Animal Control and Pet Licensing services for the City. This contract was approved by Council on September 24, 2013, and is set to expire at midnight on September 30, 2016. Discussion An RFP for Animal Control Services was issued in July of this year and proposals were opened on July 27, 2016. The City and CNHS are currently in negotiations for new contract. CNHS and the City are in agreement on extending the current contract by one month to allow for continued negotiations. Both parties believe that a new agreement will be reached in this time frame. Both parties have agreed upon the Memorandum of Understanding that extends the current contract under all current terms and conditions for one month. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Move to deny Recommendation City Administration recommends that the Council approve the Resolution approving the execution of the Memorandum of Understanding to extend the current Animal Control Contract. Grand Island Council Session - 9/27/2016 Page 231 / 272 Sample Motion Move to approve authorizing the Resolution approving the execution of the Memorandum of Understanding to extend the current Animal Control Contract. Grand Island Council Session - 9/27/2016 Page 232 / 272 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into on September 27, 2016, between the CENTRAL NEBRASKA HUMANE SOCIETY, ("CNHS") and the CITY OF GRAND ISLAND, Hall County, Nebraska, a political subdivision duly organized and existing under the Constitution and Laws of the State of Nebraska (the "City"). WHEREAS, the City and CNHS desire to continue the existing contract entered into on September 24, 2013, until midnight October 31, 2016; and WHEREAS, the City and CNHS desire to continue negotiations on a new contract; and WHEREAS, the City and CNHS expect to have an agreement on a new contract by November 1, 2016. In consideration of the mutual promises and covenants set forth in this MOU and for other good valuable consideration, the parties hereby agree as follows: Section 1. CNHS Responsibilities. CNHS will continue to provide all services as defined in the contract between the City and CNHS dated September 24, 2013. Section 2. City Responsibilities. The City will continue to abide by all terms of the current contract dated September 24, 2013, and will pay CNHS the monthly amount provided in said contract. Section 3. Term. The term of this MOU shall commence October 1, 2016 and end at midnight on October 31, 2016. Section 4. Entire Memorandum of Understanding. This MOU and all exhibits attached hereto constitute the entire MOU between the parties, superseding any other written and oral MOUs between the parties. If any section of this MOU is held to be invalid by a court of competent jurisdiction, such section shall be reformed to the extent necessary to be held valid, and the parties agree that the remainder of this MOU shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have executed this MOU the day and year first above written. Grand Island Council Session - 9/27/2016 Page 233 / 272 CENTRAL NEBRASKA HUMANE SOCIETY By: ___________________________________ Title: _________________________________ Printed Name: __________________________ CITY OF GRAND ISLAND, NEBRASKA By: ___________________________________ Title: _________________________________ Printed Name: __________________________ Attest: ____________________________________ RaNae Edward, City Clerk Grand Island Council Session - 9/27/2016 Page 234 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-238 WHEREAS, the City and the Central Nebraska Humane Society entered into a contract on September 24, 2013, for Animal Control Services; and WHEREAS, the current contract will expire on September 30, 2016 at midnight; and WHEREAS, the City is currently in negotiations with the Central Nebraska Humane Society for a new contract; and WHEREAS, it is necessary to extend the current contract for one month to allow for continued service while negotiations continue; and WHEREAS, both parties are in agreement to extend the current contract for one month and have agreed upon a Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Memorandum of Understanding with the Central Nebraska Humane Society for an extension of the current Animal Control Contract is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 235 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item I-1 #2016-239 - Consideration of Request from Franco Entertainment, LLC dba The Brick House, 115-117 West 3rd Street for a Class “I” Liquor License and Liquor Manager Designation for Maria Garcia, 644 East Meves This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 9/27/2016 Page 236 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-239 WHEREAS, an application was filed by Franco Entertainment, LLC doing business as The Brick House, 115-117 West 3rd Street for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on September 17, 2016; such publication cost being $16.77; and WHEREAS, a public hearing was held on September 27, 2016 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Maria Garcia, 644 East Meves as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 237 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item I-2 #2016-240 - Consideration of Approving Agreement with the Clean Community Systems Staff Contact: Jerry Janulewicz Grand Island Council Session - 9/27/2016 Page 238 / 272 Council Agenda Memo From:Jerry Janulewicz, City Attorney Meeting:September 27, 2016 Subject:Agreement with Grand Island Area Clean Community System Presenter(s):Jerry Janulewicz, City Attorney Background As part of the FY 2016-2017 annual budget that was approved on September 13, 2016, an appropriation of $25,000.00 to Grand Island Area Clean Community System was made. Prior to any monies being paid out to Grand Island Area Clean Community System, an Agreement is needed to specify the obligations of each party and payment terms. Discussion The Legal Department drafted a proposed Agreement and submitted it to Clean Community System for approval. The Executive Director and Board of Directors for Clean Community System have approved the proposed Agreement. Some of the obligations of CCS are: develop and print 20,000 utility bill inserts one to two times per year on environmental issues; develop and print 20,000 recycling brochures annually, updating recycling opportunities in Grand Island; provide and maintain information on environmental/recycling issues and concerns; provide consulting services to implement integrated solid waste plans; conduct presentations on environmental issues and concerns to school groups, civic organizations and governmental agencies; and secure grant funding on an annual basis to provide household hazardous waste collection and disposal services for the citizens of Grand Island. The full Agreement is attached for your review. The City will pay CCS on a quarterly basis ($6,250.00) and not the full amount up front as has been done in the past. Both parties have the right to terminate this agreement now upon 60 days written notice. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 9/27/2016 Page 239 / 272 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Agreement with Grand Island Area Clean Community System. Sample Motion Move to approve the Agreement with Grand Island Area Clean Community System. Grand Island Council Session - 9/27/2016 Page 240 / 272 Grand Island Council Session - 9/27/2016 Page 241 / 272 Grand Island Council Session - 9/27/2016 Page 242 / 272 Grand Island Council Session - 9/27/2016 Page 243 / 272 Grand Island Area Clean Community System September 27, 2016 Grand Island City Council Grand Island Council Session - 9/27/2016 Page 244 / 272 Location & Hours of Operation 3661 Sky Park Road 2B Grand Island, NE 68803 308-385-5095 www.cleancommunity.org Facility hours are: Monday - Friday 8 AM – 4:30 PM 1st & 3rd Saturday 8 AM - Noon Grand Island Council Session - 9/27/2016 Page 245 / 272 Grand Island Area Clean Community System 2016 BOARD OF DIRECTORS Ray Aguilar, President Patsy Steenson, Secretary Ken Barber, Treasurer Nell Bohnart Dustin Wilkie Carolyn Urbom Jim Hartman Grand Island Council Session - 9/27/2016 Page 246 / 272 Staff Denise McGovern-Gallagher Audra Nava Elise Kostbahn Executive Director Certified Household Keep Grand Island Beautiful Hazardous Waste Technician Coordinator Grand Island Council Session - 9/27/2016 Page 247 / 272 Funding 501c3 Two distinct organizations with separate funding sources Our facility and programs are supported by public and private donations Grants from: Financial support: Grand Island Council Session - 9/27/2016 Page 248 / 272 Clean Community System: Protecting and Enriching our Community and Environment Grand Island Council Session - 9/27/2016 Page 249 / 272 Betty Curtis Household Hazardous Waste Facility at work October 1 – December 31, 2015 (137 visitors) 15,059 pounds January 1 – December 31, 2015 (564 visitors) 45,898 pounds January 1 – September 19, 2016 (759 Visitors) 81,728 pounds Grand Island Council Session - 9/27/2016 Page 250 / 272 Items that we take … Acids Adhesives and glues Aerosol cans Ammonia Antifreeze (unused ONLY) Art and hobby paints (oil-based ONLY) Bleach Brake fluid (unused ONLY) Caulk (unused or in usable condition) Car wax and cleaners Charcoal lighter fluid Disinfectants Drain opener Fertilizer Fingernail polish and remover Fluorescent bulbs Furniture polish and wax Insecticide and insect repellent Lighter fluid Lubricating oil Mercury (MUST call before transporting) Mothballs Motor Oil Organic solvents Oven cleaner Windshield wiper fluid Paint Paint strippers Pesticides Pet shampoos and sprays Pool & spa chemicals Rat and mouse poison Septic tank cleaners Shoe polish Smoke detectors Spot removers Thermostats Toilet bowl cleaner Transmission fluid (unused ONLY). Tub and tile cleaner Varnish Wood preservatives Grand Island Council Session - 9/27/2016 Page 251 / 272 Processing of Hazardous Waste Grand Island Council Session - 9/27/2016 Page 252 / 272 Disposal of Household Hazardous Waste Any substance containing ingredients that could negatively affect your safety, health or the environment. Alerting words: poison, danger, warning, caution, toxic, flammable, corrosive, explosive, combustible, and irritant. 20-55 gallon drums of latex paint 8 loose pack boxes of flammables 1-1/2 loose pack boxes of aerosols 2-4’ & 8” florescent bulb containers 2 boxes of pesticides & herbicides Mercury, Road Flares, & organic acids $14,548.85 Grand Island Council Session - 9/27/2016 Page 253 / 272 Recycling in Grand Island Many community businesses assist with recycling efforts in Grand Island •46 total partners listed in the Community Recycling Guide. •Guides were distributed to 23,000 Grand Island residents by way of the March utility bill. •Guides were also distributed through our office and area events. Grand Island Council Session - 9/27/2016 Page 254 / 272 Swap Shop Consists of products that are brought in for disposal that are still in usable condition. The Swap Shop is free of charge and open to the public. There is a limit of 50 pounds per week, based on season and intake. January 1 – September 19, 2016 635 visitors reused 21,121.5 pounds Grand Island Council Session - 9/27/2016 Page 255 / 272 Electronic Recycling November 14, 2015 – 16,740 pounds April 23, 2016 – 7,000 pounds Grand Island Council Session - 9/27/2016 Page 256 / 272 TV Recycling Look for exciting news in the near future! Grand Island Council Session - 9/27/2016 Page 257 / 272 Keep America Beautiful February 15, 2016 Clean Community System earned the Keep America Beautiful President’s Circle Award for creating clean, green and beautiful communities. Grand Island Council Session - 9/27/2016 Page 258 / 272 Keep Grand Island Beautiful Neighborhood Clean-up - Capital Avenue Trailer Park We collected furniture, large appliances, tires, pallets & unpainted wood Adopt-A-Road Grant dollars to assist in clean-up efforts $50.00/mile (both sides of road or $10.00/acre for common areas). Through this grant we cleaned up 75 miles of roadways and 100 acres. Grand Island Council Session - 9/27/2016 Page 259 / 272 2016 City wide Clean-up August 13-21 Over 600 Volunteers 15,940 pounds of waste Grand Island Council Session - 9/27/2016 Page 260 / 272 Our Brush Up Dollars at Work for a Brighter Grand Island Before Grand Island Council Session - 9/27/2016 Page 261 / 272 Nebraska State Fair Husker Harvest Days Grand Island Council Session - 9/27/2016 Page 262 / 272 Public Service and Environmental Education Grand Island Council Session - 9/27/2016 Page 263 / 272 Summer Education Programs Summer Parks Programming Picture Frames Bubble Pipes Pom Pom Shooters Grand Island Council Session - 9/27/2016 Page 264 / 272 City Library Program Kids Rock Painting CD Dream Catchers Grand Island Council Session - 9/27/2016 Page 265 / 272 Rowe Platte River Safari, UNL Kids College, and Art-in-the-Park Boats & Boat Racing Baskets Crowns & Pirate Hats Grand Island Council Session - 9/27/2016 Page 266 / 272 Educational Programming on Recycling “Bottle Cap Art Projects” Three Area Schools participated in Bottle Cap Art Projects: Stolley Park Elementary 4th Graders - Howard Elementary 2nd Graders (2 classes) – Wood River Elementary School The project demonstrated the importance of recycling, the impact of potential garbage and the importance of working together. The students collected the bottle caps, came up with a design and adhered the bottle caps to plywood to create the art. Art was featured at local events and fairs. All four won lst place ribbons at the Hall County Fair and all four pieces won awards at the Nebraska State Fair. Grand Island Council Session - 9/27/2016 Page 267 / 272 Stolley Park – 1st Wood River Little Eagles Club – 2nd Howard School – 2nd Howard School – 3rd Grand Island Council Session - 9/27/2016 Page 268 / 272 2015/2016 Budget Income: Grants: Nebraska Environmental Trust – 14-103 $ 37,500 Nebraska Environmental Trust – 16-101 90,850 NE Department of Environmental Quality – HHW 110,000 NE Department of Environmental Quality – Cleanup 27,275 NE Department of Environmental Quality – Public ED 42,275 Facility Assistance: City of Grand Island 25,000 Other Communities & Organizations 7,500 $ 340,400 Expenses: Hazardous Waste Disposal 117,050 Operating Expenses 56,600 Supplies 15,500 Personnel 146,500 Roadside/Common Area Clean-up 4,750 $ 340,400 Grand Island Council Session - 9/27/2016 Page 269 / 272 Thank you for your assistance! Grand Island Council Session - 9/27/2016 Page 270 / 272 Approved as to Form ¤ ___________ September 23, 2016 ¤ City Attorney R E S O L U T I O N 2016-240 WHEREAS, the City of Grand Island approved an appropriation of Twenty-Five Thousand and No/100 Dollars ($25,000.00) to Grand Island Area Clean Community System in the FY 2016-2017 budget; and WHEREAS, the City of Grand Island and Grand Island Area Clean Community System have reached an Agreement for services and payment; and WHEREAS, Grand Island Area Clean Community System has executed said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement with Grand Island Area Clean Community System. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 9/27/2016 Page 271 / 272 City of Grand Island Tuesday, September 27, 2016 Council Session Item J-1 Approving Payment of Claims for the Period of September 14, 2016 through September 27, 2016 The Claims for the period of September 14, 2016 through September 27, 2016 for a total amount of $. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 9/27/2016 Page 272 / 272