Loading...
11-08-2016 City Council Regular Meeting Packet City of Grand Island Tuesday, November 8, 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 - 11/8/2016 Page 1 / 174 City of Grand Island Tuesday, November 8, 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 - Father Robert Lewis, St. Stephen's Episcopal Church, 422 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 - 11/8/2016 Page 2 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item C-1 Recognition of Fire Chief Cory Schmidt for 20 Years of Service with the Grand Island Fire Department The Mayor and City Council will recognize Fire Chief Cory Schmidt for 20 years of service with the City of Grand Island Fire Department. Mr. Schmidt was hired as a Firefighter/EMT on October 21, 1996, was promoted to Fire Captain on February 13, 2000 and to his current position of Fire Chief on October 1, 2012. We congratulate Chief Schmidt on his dedicated service to the City of Grand Island for the past 20 years. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 11/8/2016 Page 3 / 174 Grand IslandCouncil Session - 11/8/2016Page 4 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item E-1 Public Hearing on Acquisition of Ingress/Egress Easements Located at 602 & 804 W Stolley Park Road (Grand Island Public Schools) Council action will take place under Consent Agenda item G-17. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 5 / 174 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:November 8, 2016 Subject:Public Hearing on Acquisition of Ingress/Egress Easements Located at 602 & 804 W Stolley Park Road (Grand Island Public Schools) Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Public ingress/egress easements are needed on the east and west side of Adams Street, north of Stolley Park Road to accommodate traffic flow for Starr Elementary and Barr Middle School. Discussion Each ingress/egress easement will allow for driveway improvements to both Starr Elementary and Barr Middle School from Adams Street, both of which are detailed on the attached sketches. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation Public Works Administration recommends that the Council conduct a Public Hearing and approve acquisition of the ingress/egress easements. Sample Motion Move to approve the acquisition of the ingress/egress easements. Grand Island Council Session - 11/8/2016 Page 6 / 174 Grand Island Council Session - 11/8/2016 Page 7 / 174 Grand Island Council Session - 11/8/2016 Page 8 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item E-2 Public Hearing on Acquisition of Public Utility Easements at the Intersection of Adams Street and Stolley Park Road (Grand Island Public Schools, Krauss, Olson & Street) Council action will take place under Consent Agenda item G-18. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 9 / 174 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:November 8, 2016 Subject:Public Hearing Concerning Acquisition of Public Utility Easements at the Intersection of Adams Street and Stolley Park Road (Grand Island Public Schools, Krauss, Olson & Street) Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion To aid in traffic flow and safety in the area of the new Starr Elementary and Barr Middle School a traffic signal will be installed at the intersection of Adams Street and Stolley Park Road. In order for this to be accomplished a small permanent utility easement is needed from property owners at the Adams Street and Stolley Park Road intersection for placement of the traffic signal appurtenances. The crosswalk signal will be removed from the Barr Middle School entrance on Stolley Park Road. The proposed easements are shown on the attached sketches. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve the acquisition of the public utility easements. Sample Motion Move to approve the acquisition of the public utility easements. Grand Island Council Session - 11/8/2016 Page 10 / 174 Grand Island Council Session - 11/8/2016 Page 11 / 174 Grand Island Council Session - 11/8/2016 Page 12 / 174 Grand Island Council Session - 11/8/2016 Page 13 / 174 Grand Island Council Session - 11/8/2016 Page 14 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item F-1 #9609 - Consideration of Approving Bond Ordinance for Public Safety Bond Staff Contact: Renae Griffiths, Finance Director Grand Island Council Session - 11/8/2016 Page 15 / 174 Council Agenda Memo From:Renae Griffiths, Finance Director Meeting:November 8, 2016 Subject:Approving Public Safety Bond for Financing of 911 Facility and Fire Equipment Presenter(s):William Clingman, Assistant Finance Director Blaine Spady, Municipal Capital Advisors Michael Rogers, Gilmore & Bell, P.C. Background The financing of an ambulance and quint fire truck for the Fire Department was originally approved in the 2016 budget. Financing was reaffirmed as a part of the 2017 budget as the equipment is not scheduled to be delivered until the 2017 fiscal year. On July 26, 2016 an increase to the City telephone occupation tax was approved to finance the construction of a new emergency management/911 communications facility. An amount of $3.4 million was approved in the 2017 budget for financing of this facility. Discussion Currently an RFQ is out to find a bond underwriter for the coming year. This RFQ closes at 4 PM on November 8, 2016. The selected underwriter will market and sell the public safety bonds and any other bonds through the 2017 year. The public safety bonds that are to be issued will be done so at a later date when the underwriter has been selected. The description of the bond issuance to the underwriter in the RFQ is as follows: This issue is all new money to finance the building of a new 911 call center and the purchase of a new ambulance and a new firetruck. The issue will be BQ with a PAR amount of approximately $4,450,000 with a twenty (20) year term. The City will base the debt service of the Bond to reflect the shorter term financing of the ambulance and firetruck, and the longer term financing of the 911 call center. This structure will result in higher debt service payments during the first ten (10) years of the Bond retiring approximately $2,590,000 and lower debt service payments in the last ten (10) years of the Bond retiring approximately $1,860,000. Grand Island Council Session - 11/8/2016 Page 16 / 174 Should any excess funds be available due to savings realized through the design process for the 911 facility, then those excess funds will be used to purchase equipment related to public safety. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Take no action or fail to approve the ordinance. This would require using reserve cash instead of issuing bonds. Recommendation City Administration recommends that the Council approve the issuance of Bonds in the not to exceed the amount of $4.55 million. Sample Motion Move to approve Ordinance No. 9609 that approves the issuance a Public Safety Bond. Grand Island Council Session - 11/8/2016 Page 17 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney ORDINANCE NO. 9609 AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC SAFETY TAX ANTICIPATION BONDS OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED FOUR MILLION FIVE HUNDRED FIFTY THOUSAND DOLLARS ($4,550,000) FOR THE PURPOSE OF PURCHASING PUBLIC SAFETY VEHICLES AND PUBLIC SAFETY EQUIPMENT, CONSTRUCTING IMPROVEMENTS TO PUBLIC SAFETY FACILITIES AND MISCELLANEOUS COSTS ASSOCIATED THEREWITH; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS AND DIRECTING THE DETERMINATION OF CERTAIN TERMS OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES TO PAY THE SAME; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. The Mayor and Council of the City of Grand Island, Nebraska, hereby find and determine: that it is necessary for the City to provide funds for the purpose of purchasing and maintaining public safety vehicles and public safety equipment, constructing improvements to public safety facilities and paying miscellaneous costs associated therewith (the “Project”); that in order to pay the cost of the Project, it is necessary and advisable for the City to issue its Public Safety Tax Anticipation Bonds in the amount of not to exceed $4,550,000; that the taxable valuation of all taxable property within the City as most recently determined, is $2,933,977,196; that the City has previously issued and outstanding its Public Safety Tax Anticipation Refunding Bonds, Series 2011, in the outstanding principal amount of $1,585,000 (the “Outstanding Bonds”); that other than the Outstanding Bonds, the City currently has no bonds outstanding under the provisions of Sections 18-1201 and 18-1202 R.R.S. Neb. 2012 (the “Act”); that pursuant to Section 18-1201 Reissue Revised Statutes of Nebraska, 2012, as amended, the Mayor and Council of the City of Grand Island do hereby provide for the levying of a special tax, all as more specifically described in Section 10 hereof; that the annual debt service on the Outstanding Grand Island Council Session - 11/8/2016 Page 18 / 174 ORDINANCE NO. 9609 2 Bonds and the bonds herein authorized shall not in any year exceed $1,450,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Public Safety Tax Anticipation Bonds, Series 2016 (the “Series 2016 Bonds”) in the stated principal amount of not to exceed $4,550,000 pursuant to the Act do exist and have been done as required by law. Section 2. (a) The Mayor and Council further find and determine that (i) it is necessary, desirable, advisable and in the best interest of the City to issue the Series 2016 Bonds in order to provide funds to pay the costs of the Project; and, (ii) all conditions, acts and things required by law to exist or to be done precedent to the issuance of the Series 2016 Bonds, in the aggregate stated principal amount of not to exceed $4,550,000 pursuant to the Act, and other applicable statutes, do exist and have been done as required by law. To provide funds for the purpose of paying the costs of the Project as set forth in Section 1 hereof, there shall be and there are hereby ordered issued the Public Safety Tax Anticipation Bonds, Series 2016, of the City, in the aggregate stated principal amount of not to exceed Four Million Five Hundred Fifty Thousand Dollars ($4,550,000). (b) The Series 2016 Bonds or any portion thereof are hereby authorized to be sold (a) through a private placement to a bank or (b) pursuant to a negotiated sale with an underwriter as determined by an Authorized Officer (herein defined), as initial purchaser (the “Underwriter”). In connection with such sale, the Mayor, Finance Director or City Administrator (each, an “Authorized Officer”) are hereby authorized to specify, determine, designate, establish and appoint, as the case may be, in one or more written designations which may be included in a bond purchase agreement (each, a “Designation”), (i) whether the Series 2016 Bonds will be sold through a private placement to a bank or through a negotiated sale with the Underwriter, (ii) the aggregate purchase price of the Series 2016 Bonds and the underwriting discount which shall not Grand Island Council Session - 11/8/2016 Page 19 / 174 ORDINANCE NO. 9609 3 exceed 1.00% of the aggregate stated principal amount thereof, (iii) the form and contents of any bond purchase agreement in connection with such sale, (iv) the title, dated date, aggregate principal amount (including the aggregate principal amounts of serial bonds and term bonds, if any), which aggregate stated principal amount shall not exceed $4,550,000, and the final maturity date, which shall not be later than December 31, 2036, (v) the principal amounts maturing in each year, (vi) the rate or rates of interest to be borne by each principal maturity, provided that the true interest cost of the Series 2016 Bonds shall not exceed 3.00%, (vii) the principal payment dates and interest payment dates, (viii) whether the Series 2016 Bonds will be subject to redemption prior to their stated maturity, and if subject to such optional redemption, the provisions governing such redemption, including a redemption price not to exceed 104% of the principal amount then being redeemed plus accrued interest to the date of redemption, (ix) the amount and due date of each sinking fund installment for any of the Series 2016 Bonds issued as term bonds, (x) the designation of the Paying Agent and Registrar and the form and content of any agreement between the City and such entity and (xi) all other terms and provisions of the Series 2016 Bonds not otherwise specified or fixed by this Ordinance. (c) The Series 2016 Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof (or such other denominations as may be determined in the Designation). The Series 2016 Bonds shall bear date of original issue of the date of delivery thereof. Interest on the Series 2016 Bonds, at the respective rates for each maturity, shall be payable semiannually on such dates as shall be determined in the Designation (each of said dates an “Interest Payment Date”) and the Series 2016 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the fifteenth day immediately preceding the Interest Payment Date (the “Record Grand Island Council Session - 11/8/2016 Page 20 / 174 ORDINANCE NO. 9609 4 Date”), subject to the provisions of Section 4 hereof. The Series 2016 Bonds shall be numbered from 1 upwards in the order of their issuance. No Series 2016 Bond shall be issued originally or upon transfer having more than one principal maturity. The initial bond numbering and principal amounts for each of the Series 2016 Bonds issued shall be designated by the City’s Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Series 2016 Bonds prior to maturity shall be made by the Paying Agent and Registrar, as designated pursuant to Section 3 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each Series 2016 Bond, as of the Record Date for such Interest Payment Date, to such owner’s registered address as shown on the books of registration as required to be maintained in Section 3 hereof. Payments of principal and accrued interest thereon due at maturity shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the Series 2016 Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Series 2016 Bond as the absolute owner of such Series 2016 Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such Series 2016 Bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any Series 2016 Bond in accordance with the terms of this Ordinance shall be valid and effectual and shall be a discharge of the City and said Paying Agent and Registrar, in respect of the liability upon the Series 2016 Bonds or claims for interest to the extent of the sum or sums so paid. Section 3. The Authorized Officers are hereby authorized to designate the Paying Agent and Registrar for the Series 2016 Bonds in the Designation, which Paying Agent and Registrar may be the City Treasurer or a bank or trust company. If the Paying Agent and Registrar is a Grand Island Council Session - 11/8/2016 Page 21 / 174 ORDINANCE NO. 9609 5 bank or trust company, said Paying Agent and Registrar shall serve in such capacities under the terms of an agreement entitled “Paying Agent and Registrar’s Agreement” between the City and said Paying Agent and Registrar and the Mayor and City Clerk are hereby authorized to execute said agreement. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Series 2016 Bonds at its designated office. The names and registered addresses of the registered owner or owners of the Series 2016 Bonds shall at all times be recorded in such books. Any Series 2016 Bond may be transferred pursuant to its provisions at the office of said Paying Agent and Registrar by surrender of such Series 2016 Bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner’s duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner’s or owners’ risk and expense), registered in the name of such transferee owner or owners, a new Series 2016 Bond or Series 2016 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Series 2016 Bonds by this Ordinance, one Series 2016 Bond may be transferred for several such Series 2016 Bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such Series 2016 Bonds may be transferred for one or several such Series 2016 Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Series 2016 Bond, the surrendered Series 2016 Bond shall be canceled and destroyed. All Series 2016 Bonds issued upon transfer of the Series 2016 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 2016 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 2016 Bonds upon transfer of which they were delivered. The Grand Island Council Session - 11/8/2016 Page 22 / 174 ORDINANCE NO. 9609 6 City and said Paying Agent and Registrar shall not be required to transfer any Series 2016 Bond during any period from any Record Date until its immediately following Interest Payment Date. Section 4. In the event that payments of interest due on the Series 2016 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Series 2016 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 5. If the date for payment of the principal of or interest on the Series 2016 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Grand Island, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 6. The Series 2016 Bonds shall be subject to redemption prior to maturity as determined in the Designation. Section 7. The Series 2016 Bonds shall be in substantially the following form: Grand Island Council Session - 11/8/2016 Page 23 / 174 ORDINANCE NO. 9609 7 UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL PUBLIC SAFETY TAX ANTICIPATION BOND OF THE CITY OF GRAND ISLAND, NEBRASKA SERIES 2016 No.$ Interest Rate Maturity Date Date of Original Issue [Cusip No.] _____________ , 2016 Registered Owner: Principal Amount:Dollars ($ ) KNOW ALL PERSONS BY THESE PRESENTS: That the City of Grand Island, in the County of Hall, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable semiannually on _________ and _________ of each year, commencing _________, 2016 (each of said dates an “Interest Payment Date”). Said interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The principal hereof and unpaid accrued interest thereon due at maturity are payable upon presentation and surrender of this bond at the office of ________________, the Paying Agent and Registrar, in ___________, Nebraska. Interest on this bond due prior to maturity will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs, to such owner’s registered address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. This bond is one of an issue of fully registered bonds of the total principal amount of _______________________ Dollars ($________________), of even date and like tenor except as to date of maturity, rate of interest and denomination which were issued by the City for the purpose of purchasing and maintaining public safety vehicles and public safety equipment, constructing improvements to the police station and fire station and paying miscellaneous costs associated therewith all in strict compliance with Section 18-1201 and18-1202 R.R.S. Neb. 2012, as amended. The issuance of said bonds has been authorized by proceedings duly had and an ordinance legally passed, approved and published by the Mayor and Council of said City (the Grand Island Council Session - 11/8/2016 Page 24 / 174 ORDINANCE NO. 9609 8 “Ordinance”). Any or all of the bonds of said issue maturing on or after ____________, 20__, are subject to redemption at the option of the City, in whole or in part, on _______________________or at any time thereafter, at the principal amount thereof together with accrued interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made from time to time as shall be directed by the Mayor and Council of the City. The City may select the Series 2016 Bonds for optional redemption in its sole discretion. Notice of redemption shall be given by mail to the registered owner of any Series 2016 Bond called for redemption in the manner specified in the Ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in the amount of $5,000 or integral multiples thereof. This bond is transferable by the registered owner or such owner’s attorney duly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the Ordinance, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the date for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of _________, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as required by law and that the indebtedness of said City, including this bond, does not exceed any limitation imposed by law. The City has agreed to make a special levy of taxes as permitted by Section 18-1201 R.R.S. Neb., 2012, as amended, (the “Act”) of not more than 5¢ per $100 of taxable value on all the taxable property within the City, which tax shall be sufficient in rate and amount to fully pay the principal and interest of this bond, the other bonds of this issue and other bonds outstanding pursuant to the Act, as the same become due. The City agrees that said bonds shall be secured by such tax so assessed and levied and shall be payable out of the funds derived from such tax. [AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINATION OF THE SYSTEM OF BOOK-ENTRY-ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE, “DTC”), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE Grand Island Council Session - 11/8/2016 Page 25 / 174 ORDINANCE NO. 9609 9 ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE PAYING AGENT AND REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE. UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A) TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF PRINCIPAL, AND ANY BOND ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN.] This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Grand Island, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be imprinted hereon or affixed hereto, all as of the date of original issue specified above. CITY OF GRAND ISLAND, NEBRASKA __(Do Not Sign)___________ Mayor ATTEST: _(Do Not Sign)______________________ City Clerk (SEAL) Grand Island Council Session - 11/8/2016 Page 26 / 174 ORDINANCE NO. 9609 10 CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond is one of the series designated therein and has been registered to the owner named in said bond and the name of such owner has been recorded in the books of record maintained by the undersigned as Paying Agent and Registrar for said issue of bonds. ____________________________________ ___________________________, Paying Agent and Registrar Grand Island Council Session - 11/8/2016 Page 27 / 174 ORDINANCE NO. 9609 11 (Form of Assignment) For value received hereby sells, assigns and transfers unto ________________________________________________________________(Social Security or Taxpayer I.D. No. ) the within bond and hereby irrevocably constitutes and appoints , attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Dated:____________________________________ Registered Owner(s) __________________________________________ __________________________________________ Signature Guaranteed By ____________________________ Authorized Officer(s) Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. Grand Island Council Session - 11/8/2016 Page 28 / 174 ORDINANCE NO. 9609 12 Section 8. Each of the Series 2016 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City’s seal. If the Series 2016 Bonds are sold through a private placement with a bank, the following provisions relating to the Depository shall not apply. If the Series 2016 Bonds are sold through a negotiated sale with the Underwriter, the Series 2016 Bonds shall be issued initially as “book-entry-only” bonds under the services of The Depository Trust Company (the “Depository”), with one typewritten bond per maturity being issued to the Depository. In such connection said officers are authorized to execute and deliver a Letter of Representations (the “Letter of Representations”) in the form required by the Depository (which may be in the form of a blanket letter, including any such letter previously executed and delivered), for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer and payment of the Series 2016 Bonds. With respect to the issuance of the Series 2016 Bonds as “book-entry-only” bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which the Depository holds Series 2016 Bonds as securities depository (each, a “Bond Participant”) or to any person who is an actual purchaser of a Series 2016 Bond from a Bond Participant while the Series 2016 Bonds are in book-entry form (each, a “Beneficial Owner”) with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the Series 2016 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Series 2016 Bonds, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Series 2016 Bonds. The Paying Agent and Registrar shall make payments with respect to the Series 2016 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Series 2016 Bonds to the extent of Grand Island Council Session - 11/8/2016 Page 29 / 174 ORDINANCE NO. 9609 13 the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in (e) below. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Series 2016 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the Series 2016 Bonds or (ii) to make available Series 2016 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such Series 2016 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the Series 2016 Bonds be delivered to the ultimate beneficial owners of the Series 2016 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the Series 2016 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the Series 2016 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any Series 2016 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such Series 2016 Bond and all notices with respect to such Series 2016 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Series 2016 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Series 2016 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section. If for any reason the Depository is terminated or resigns and is not replaced, the City shall immediately provide a supply of printed bond certificates, duly executed by manual or facsimile signatures of the Mayor and City Clerk and sealed with the City’s seal, for issuance upon the transfers from the Depository and subsequent transfers. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for Grand Island Council Session - 11/8/2016 Page 30 / 174 ORDINANCE NO. 9609 14 issuance of replacement certificates upon transfer, the City agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting Mayor and City Clerk and by imprinting thereon or affixing thereto the City’s seal. In case any officer whose signature or facsimile thereof shall appear on any Series 2016 Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of such bond. The Series 2016 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The Series 2016 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration, and authentication of the Series 2016 Bonds, they shall be delivered to the City Treasurer, who is authorized to deliver them to a bank, in the case of a private placement, or to the Underwriter, as initial purchaser thereof, in the case of a negotiated sale. The Series 2016 Bonds are hereby authorized to be sold to a bank, in the case of a private placement, or to the Underwriter, in the case of a negotiated sale, for a sum to be determined in the Designation, plus accrued interest, if any, thereon to date of payment and delivery. Such purchaser and its agents, representatives and counsel (including bond counsel for the City) are hereby authorized to take such actions on behalf of the City as are necessary to effectuate the closing of the issuance and sale of the Series 2016 Bonds, including without limitation, authorizing the release of the Series 2016 Bonds by the Depository at closing. The officers of the City (or any one of them) are hereby authorized to execute and deliver a Bond Purchase Agreement, in the case of a negotiated sale with the Underwriter, or any other form of purchase agreement or term sheet as may be required in a private placement, for and on behalf of the City. Said initial purchaser shall have the right to direct the registration of the Series 2016 Grand Island Council Session - 11/8/2016 Page 31 / 174 ORDINANCE NO. 9609 15 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the Series 2016 Bonds, a copy of which shall be delivered to the initial purchaser thereof. The officers of the City are further authorized to do any and all things necessary and appropriate in connection with the issuance of the Series 2016 Bonds. Section 9. The proceeds of the Series 2016 Bonds shall be applied to the payment of the costs of the Project as described in Section 1 hereof upon order of the Mayor and Council. Accrued interest received from the sale of the Series 2016 Bonds, if any, shall be applied to pay interest first falling due on said Series 2016 Bonds. Expenses of issuance of the Series 2016 Bonds may be paid from the proceeds of the Series 2016 Bonds. Section 10. The City agrees that it shall, pursuant to Section 18-1201 R.R.S. Neb. 2012, as amended, levy a special tax so long as any of the Series 2016 Bonds remain outstanding of not more than 5¢ per $100 of taxable value on all the taxable property within the City. The City further agrees that such tax shall be levied in such amount so that in each calendar year in which payments of principal and interest fall due on the Series 2016 Bonds and the Outstanding Bonds, the anticipated amount to be collected from such tax shall be an amount of not less than 112% of the total amount of principal and interest payable on the Series 2016 Bonds and the Outstanding Bonds in such calendar year. The Series 2016 Bonds and the Outstanding Bonds shall be secured by such tax and shall be payable out of the funds derived from such tax. On receipt of such taxes, the City Treasurer shall hold such tax in a separate fund for the purpose of paying the Series 2016 Bonds and the Outstanding Bonds. Section 11. The City hereby covenants to the purchasers and holders of the Series 2016 Bonds hereby authorized that it will make no use of the proceeds of said bond issue, including monies held in any sinking fund for the Series 2016 Bonds, which would cause the Series 2016 Grand Island Council Session - 11/8/2016 Page 32 / 174 ORDINANCE NO. 9609 16 Bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the Series 2016 Bonds. The City hereby designates the Series 2016 Bonds as its “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that it does not reasonably expect to issue tax-exempt bonds or other tax-exempt obligations aggregating in principal amount more than $10,000,000 during calendar 2016, taking into consideration statutory exceptions for refunding issues and excluding for such purposes any and all “private activity bonds” issued by the City in such year within the meaning of Section 141 of the Code other than “qualified 502(c)(3) bonds” as defined in Section 145 of the Code. Section 12. The City’s obligations under this Ordinance with respect to any or all of the Series 2016 Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Series 2016 Bonds and any such Series 2016 Bond shall no longer be deemed to be outstanding hereunder if such Series 2016 Bond has been purchased by the City and canceled or when the payment of the principal of and interest thereon to the date of maturity (a) shall have been made or caused to be made in accordance with the terms thereof or (b) shall have been provided for by depositing with a national or state bank having trust powers, or trust company, in trust, solely for such payment (i) sufficient money to make such payment and/or (ii) direct general obligations (including obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as “U.S. Government Obligations”) in such amount and bearing interest payable and maturing Grand Island Council Session - 11/8/2016 Page 33 / 174 ORDINANCE NO. 9609 17 or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided. Any money so deposited with such bank or trust company may be invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest and income from U.S. Government Obligations in the hands of such bank or trust company in excess of the amount required to pay principal of and interest on the Series 2016 Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. Section 13. In the case of a negotiated sale with the Underwriter, the Authorized Officers are hereby directed and authorized to approve, deem final and deliver a Preliminary Official Statement and a final Official Statement in connection with the Series 2016 Bonds, all in accordance with Rule 15c2-12 promulgated by the Securities and Exchange Commission. In the case of a private placement with a bank, the Authorized Officers are hereby directed and authorized to approve, deem final and deliver any form of private placement memorandum that may be required or requested by the bank purchasing the Series 2016 Bonds. Section 14. This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. PASSED AND APPROVED this 8th day of November, 2016. ____________________________________________________________________ City Clerk Mayor (SEAL) Grand Island Council Session - 11/8/2016 Page 34 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item F-2 #9610 - Consideration of Approving Ordinance for Financing related to Food & Beverage Projects such Financing will be Direct Borrowing from a Financial Institution Staff Contact: Renae Griffiths, Finance Director Grand Island Council Session - 11/8/2016 Page 35 / 174 Council Agenda Memo From:Renae Griffiths, Finance Director Meeting:November 8, 2016 Subject:Consideration of Approving Ordinance for Financing related to Food & Beverage Projects such Financing will be Direct Borrowing from a Financial Institution Presenter(s):William Clingman, Assistant Finance Director Blaine Spady, Municipal Capital Advisors Michael Rogers, Gilmore & Bell, P.C. Background In May of 2016 the Food & Beverage Occupation Tax was continued by a vote of the people. One of the primary purposes of this tax is to provide funding for “Ongoing enhancement and development of recreation and athletic facilities.” During the 2017 budget process the topic of taking on debt and using the food and beverage occupation tax funds to service such debt was also discussed. Discussion In 2015 the Nebraska State Legislature approved LB152 that allows cities to borrow from “state-chartered or federally chartered financial Institutions” if traditional bond financing is “impractical.” A drawdown loan was selected as the most practical choice for the financing of the projects due to the several variables that could impede the use of traditional bond financing. The primary reasons are: Financing is for multiple projects Potential grant funding may reduce the amount needed for some of the projects Time requirement for spending of traditional bond proceeds Allows only what is needed during the defined timeframe to be borrowed Finally, this financing doesn’t specifically authorize any individual project. Each project will still need to go through the normal procurement process required by City Code and, when required, be approved via a resolution from the City Council. Grand Island Council Session - 11/8/2016 Page 36 / 174 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Take no action or fail to approve the ordinance. This would require using reserve cash or slowing down the timeline for projects. Recommendation City Administration recommends that the Council approve the $5 million draw down loan from the bank. Sample Motion Move to approve Ordinance No. 9610 that approves the Financing related to Food & Beverage Projects noting such Financing will be Direct Borrowing from a Financial Institution. Grand Island Council Session - 11/8/2016 Page 37 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney ORDINANCE NO. 9610 AN ORDINANCE AUTHORIZING A LOAN FROM A BANK TO THE CITY, EVIDENCED BY A PROMISSORY NOTE, IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED FIVE MILLION DOLLARS ($5,000,000) TO PROVIDE FINANCING FOR A PORTION OF THE COSTS OF CERTAIN IMPROVEMENTS TO THE PARKS AND TRAILS SYSTEM OF THE CITY; PRESCRIBING THE TERMS AND FORM OF SUCH LOAN AND PROMISSORY NOTE; PROVIDING FOR PAYMENT OF THE INTEREST ON AND PRINCIPAL OF SUCH LOAN AND PROMISSORY NOTE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM; AND RELATED MATTERS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1. The Mayor and Council (the “Council”) of the City of Grand Island, Nebraska (the “City”) hereby find and determine as follows: (a)It is necessary for the City to finance a portion of the costs of certain improvements to the Parks and Trails system of the City (the “Project”); (b)The City has proposed to finance the Project through a loan (the “Loan”) to the City by a bank to be determined as described herein (the “Bank”), evidenced by a promissory note (the “Note”), pursuant to authority granted to the City in Section 18-201, Reissue Revised Statutes of Nebraska (the “Act”); (c)Pursuant to the requirements of the Act, financing the Project through traditional bond financing would be impractical; (d)The public notice for the meeting at which this ordinance is being considered included a clear notation that this ordinance authorizing a direct borrowing from a bank was on the agenda; (e)The municipal budget of the City for fiscal year 2016-17 is $225,303,910.00 and the City has no other indebtedness issued pursuant to the Act; (f)The City considered proposals from multiple financial institutions prior to consideration of this ordinance; and (g) All conditions, acts and things required by law to exist or to be done precedent to the Loan, evidenced by the Note, in the principal amount of not to exceed $5,000,000 pursuant to the Act, for the purpose of financing the Project and related expenses, do exist and have been done in due form and time as required by law. Section 2. (a) The Mayor and Council further find and determine that all conditions, acts and things required by law to exist or to be done precedent to the Loan, evidenced by the Note, Grand Island Council Session - 11/8/2016 Page 38 / 174 ORDINANCE NO. 9610 (Cont.) 2 pursuant to the Act, do exist and have been done as required by law. The Note shall consist of one fully registered Note without coupons. To evidence the Loan, the Note or any portion thereof is hereby authorized to be issued to the Bank pursuant to terms approved by the Mayor, Finance Director or City Administrator (each, an “Authorized Officer”). In connection therewith, an Authorized Officer is hereby authorized to execute a Designation of Final Terms, which may be evidenced by the terms of the Note as delivered to the Bank (the “Designation”) to specify, determine, designate, establish and appoint, as the case may be (i) the maximum drawable principal amount of the Note, in an amount not to exceed $5,000,000, (ii) the title (including series designation), dated date, and the final maturity date of the Note, which shall not be later than December 31, 2028, (iii) the period during which the City may draw on the Loan (the “Draw-down Period”), which may not be longer than two years, (iv) the rate or rates of interest on the Note, provided that the interest rate during the Draw-down Period (defined herein) shall not exceed 2.00%, and further provided that interest rates during the Amortization Period (defined herein) shall not exceed the ten-year treasury rate in effect on the first day of the Amortization Period plus 0.50% (v) the dates of payments on the Note, (vi) the date of original issue of the Note (the “Date of Original Issue”), (vii) the amounts of the Initial Advance (defined herein) and the amounts, terms and limitations of any and all subsequent Advances, terms regarding amortization of the Note and (viii) all other terms and provisions of the Note not otherwise specified or fixed by this Ordinance, including but not limited to terms of the Note as may be required by the Bank which are, in an Authorized Officer’s sole discretion, reasonable and appropriate. (b) On the Date of Original Issue, an initial advance (the “Initial Advance”) will be made in the principal amount of not less than $50,000 (which amount may be determined in the Designation), by transferring such amount to the Bank. All subsequent advances (each, an “Advance”) will be made, if at all, upon the written request of the City to the Bank, at least five Business Days prior to the date on which such Advance is to be made; provided, however. The final Advance must occur within Draw-down Period. The Draw-down Period shall extend from the Date of Original Issue to the earlier of (a) the two-year anniversary of the date of issuance of the Note, (b) the date on which the City makes a principal payment on the Note, or (c) the date on which the City certifies in writing to the Bank that all required funds have been drawn, even if less than $5,000,000, which Draw-down Period may be adjusted in the Designation as may be determined necessary or appropriate by an Authorized Officer. At the end of the Draw-down Period, the Note shall be amortized during a period of years (the “Amortization Period”) as shall be provided in the Designation and such Amortization Period shall begin on next succeeding day, whether or not a business day, after the end of the Draw-down Period. (c)The Note shall be subject to redemption at the option of the City prior to the stated maturities thereof at any time (or on or after such other date as may be determined in the Designation), as a whole, or in part from time to time in such principal amount and from such maturity or maturities as the City, in its sole and absolute discretion shall determine, and in the event that less than all of the Note is to be called for redemption, the portion of the Note to be redeemed shall be selected by lot, at a redemption price of the amount thereof, together with the interest accrued on such principal amount to the date fixed for redemption. If less than all of the principal amount thereof is to be redeemed, in such case upon the surrender of the Note there shall be issued to the registered owner thereof without charge therefor, Grand Island Council Session - 11/8/2016 Page 39 / 174 ORDINANCE NO. 9610 (Cont.) 3 for the then unredeemed balance of the principal amount thereof, a Note of like series, maturity and interest rates in any of the authorized denominations provided by this Ordinance. Notice of redemption of the Note stating its designation, date, maturity and principal amounts shall be given by the Registrar by mailing such notice by first-class mail, postage prepaid, not less than thirty (30) days prior to the date fixed for redemption to the registered owners at their most recent addresses appearing upon the books of registry, but failure to mail such notice shall not affect the proceedings for redemption. Notice of redemption need not be given to the holder of any Note, whether registered or not, who has waived notice of redemption. Notice of redemption having been given as provided above or notice of redemption having been waived by the owners of Note called for redemption who have not been given such notice as provided above, the Note so called for redemption shall become due and payable on the designated redemption date. If on or before the said redemption date funds sufficient to pay the Note so called for redemption at the applicable redemption price and accrued interest to said date have been deposited or caused to have been deposited by the City with the Registrar for the purposes of such payment and notice of redemption thereof has been given or waived as hereinbefore provided, then from and after the date fixed for redemption interest on such Note so called shall cease to accrue and become payable. If such funds shall not have been so deposited with the Registrar as provided on or before the date fixed for redemption, such call for redemption shall be revoked and the Note so called for redemption shall continue to be outstanding the same as though they had not been so called, and shall continue to bear interest until paid at such rate as they would have borne had they not been called for redemption, and shall continue to be protected by this Ordinance and entitled to the benefits and security hereof. Section 3. Interest on the Note at the respective rates for each maturity shall be payable semiannually as provided in the Designation (each of such dates an “Interest Payment Date”) from the Date of Original Issue or the most recent Interest Payment Date, whichever is later, until maturity or earlier redemption by check or draft mailed by the Registrar or its successor on such Interest Payment Date to the registered owner of each Note at such registered owner’s address as it appears on the Note Register maintained by the Registrar or its successor at the close of business on the fifteenth day preceding such Interest Payment Date (the “Record Date”) subject to the provisions of the following paragraph. The principal on the Note and the interest due at maturity or upon redemption prior to maturity is payable in lawful money of the United States of America to the registered owners thereof upon presentation and surrender of such Note to the Registrar. In the event that payments of interest due on the Note on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Note as of a special date of record for payment of such defaulted interest as shall be designated by the Registrar whenever moneys for the purpose of paying such defaulted interest become available. If the date for payment of the principal of or interest on the Note shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Grand Island, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Grand Island Council Session - 11/8/2016 Page 40 / 174 ORDINANCE NO. 9610 (Cont.) 4 Section 4. The Note shall be executed on behalf of the City by the manual or facsimile signatures of the Mayor and Clerk and shall have the City Seal impressed or imprinted on the Note. In case any officer whose signature or a facsimile of whose signature shall appear on the Note and shall cease to be such officer before the delivery of the Note, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. Notwithstanding such execution, the Note shall be valid or obligatory for any purpose or entitled to any security or benefit under this Ordinance unless and until a certificate of authentication on the Note has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Note need not be signed by the same representative. The executed certificate or authentication on the Note shall be conclusive evidence that it has been authenticated and delivered under this Ordinance. Section 5. The Note shall be in substantially the following form, with such changes as may be approved by an Authorized Officer: Grand Island Council Session - 11/8/2016 Page 41 / 174 ORDINANCE NO. 9610 (Cont.) 5 UNITED STATES OF AMERICA STATE OF NEBRASKA CITY OF GRAND ISLAND, NEBRASKA PROMISSORY NOTE, SERIES 2016 Interest Rate Maturity Date Date of Issue As described herein __________, 20_____________, 2016 REGISTERED OWNER: PRINCIPAL AMOUNT: SEE SCHEDULE I ATTACHED HERETO The CITY OF GRAND ISLAND, NEBRASKA (the “City”), hereby acknowledges itself to owe and for value received, hereby promises to pay to the Registered Owner named above or its registered permitted assigns, but only from the sources and other funds hereinafter described in lawful money of the United States of America, on the Maturity Date stated above (or earlier as hereinafter referred to), in semi-annual installments on the dates herein specified, the lesser of (i) the principal sum of $_______, or (ii) the aggregate principal amount advanced by the Registered Owner from time to time as shown in the attached Schedule I, together with interest on the unpaid principal balance from time to time outstanding, computed on a three hundred sixty (360) day year with twelve 30-day months, as follows: Prior to the end of the Draw-down Period (as described in the ordinance authorizing this Note), the unpaid principal balance of this Note shall bear interest at a rate of ____% per annum from the Date of Issue through and including the date on which the Draw-down Period ends; and from and after the end of the Draw-down Period through and including the Maturity Date, a fixed rate per annum equal to the 10-year U.S. Treasury Rate as published by the U.S. Treasury on the first day of the Amortization Period (as described in the Ordinance authorizing this Note) plus ___%. All interest on this Note shall be computed on the basis of a three hundred sixty (360) day year with twelve 30-day months. Commencing on _________, 20__, and continuing on ____________ and ____________ thereafter during the Draw-down Period, interest on the advanced and unpaid principal balance of this Note shall be due and payable. Commencing on the first ____________ or ___________ of the Amortization Period, and continuing on each ____________ and _____________ thereafter, level semiannual installments of principal and interest in the amounts necessary to fully amortize the outstanding principal balance of this Note based on a __-year amortization commencing on the first day of the Amortization Period shall be due and payable. A final installment representing the entire unpaid principal balance of this Note, and all accrued and unpaid interest thereon and all fees and charges in connection therewith, shall be due and payable on __________, 20___. An amortization schedule showing the dates and amounts of such payments shall be attached hereto as Schedule II upon commencement of the Amortization Period. Grand Island Council Session - 11/8/2016 Page 42 / 174 ORDINANCE NO. 9610 (Cont.) 6 The Principal Amount and the interest due at maturity, on the dates herein specified, or upon redemption prior to maturity, is payable to the Registered Owner hereof in lawful money of the United States of America without deduction for services as paying agent at the office of the Note Registrar and Paying Agent, the City Treasurer of the City of Grand Island, Nebraska, (the “Registrar”), upon presentation and surrender of this note. Principal and interest on this note due prior to maturity or earlier redemption shall be paid by check or draft mailed by the Registrar on the date such principal and interest is due and payable to the Registered Owner at such Registered Owner’s address as it appears on the registration books of the Registrar as of the close of business on the fifteenth day preceding the date on which interest on this note is payable (the “Record Date”). Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the Record Date such interest was payable, and shall be payable to the person who is the Registered Owner of this note (or of one or more predecessor notes hereto) on such special Record Date for payment of such defaulted interest as shall be fixed by the Registrar whenever money for such purpose become available. For the prompt payment of this note, both principal and interest at the time the same becomes due, the full faith, credit, and resources of the City are hereby pledged. This note is subject to redemption at the option of the City prior to the stated maturity thereof at any time, as a whole, or in part from time to time in such principal amounts and from such maturity or maturities as the City, in its sole and absolute discretion, shall determine, and in the event that less than all the note is to be called for redemption, the particular amount of the note to be redeemed shall be selected by lot at the redemption price of the principal amount thereof, together with the interest accrued on such principal amount to the date fixed for redemption. Notice of redemption of this note shall be given to the Registered Owner hereof by first- class mail, postage prepaid, not less than thirty (30) days prior to the date fixed for redemption, all as more particularly set forth in the Ordinance (hereinafter defined). Notice of redemption having been given as provided in the Ordinance (hereinafter defined), or notice of redemption having been waived, and funds for the payment thereof having been deposited with the Registrar, this note shall cease to bear interest from and after the date fixed for redemption. This note is issued for the purpose of financing the costs of certain improvements to the Parks and Trails system of the City and paying the costs of issuance of this note. This note is issued under the authority of and in compliance with the laws of the State of Nebraska governing the City, and pursuant to Ordinance No. ____ of the City (the “Ordinance”) duly enacted and by proceedings duly had by the Mayor and Council. This note is transferable by the Registered Owner hereof as provided by the Ordinance and subject to the restrictions on transfer specified in Section 7 of the Ordinance and only upon delivery of an Investor Letter, as described in the Ordinance. The City and the Registrar may deem and treat the Registered Owner hereof as the absolute owner for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes. If the date for payment of the principal of or interest on note shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Grand Island, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking Grand Island Council Session - 11/8/2016 Page 43 / 174 ORDINANCE NO. 9610 (Cont.) 7 institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. The City has in the Ordinance designated such note as a “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B)(i) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this note did exist, did happen and were done and performed in regular and due form and time as required by law, and that the indebtedness of the City, including this note, does not exceed any statutory limitation imposed by law. The City agrees that this note shall be secured by and be payable from any and all general fund resources of the City, including but not limited to any and all authorized levies of taxes, and shall not, to the fullest extent permitted by law, be limited as to payment to the City’s general fund resources for any specific fiscal year, pursuant to Section 18-201, Reissue Revised Statutes of Nebraska. The City reserves the right to provide for payment of principal and interest on the Note from the further issuance of notes, bonds or other methods of financing. This note shall not be valid or become obligatory for any purpose until it shall have been authenticated by the execution by the Registrar of the Certificate of Authentication endorsed hereon. The records of the Registered Owner as to the Principal Amount and accrued interest outstanding, the date of the advances of such Principal Amount and payment of principal and interest on the Note shall be binding upon all parties. IN WITNESS WHEREOF, the Mayor and Council have caused this note to be executed on behalf of the City by the manual or facsimile signatures of its Mayor and Clerk and have caused the City Seal to be impressed or imprinted hereon, all as of the Date of Issue set forth above. CITY OF GRAND ISLAND, NEBRASKA ATTEST: By: (Facsimile Signature) Mayor By: (Facsimile Signature) Clerk [S E A L] NOTE REGISTRAR AND PAYING AGENT’S CERTIFICATE OF AUTHENTICATION This note is described in the within-mentioned Ordinance. CITY TREASURER, CITY OF GRAND ISLAND, NEBRASKA, Note Registrar and Paying Agent By: ____________________________________ Grand Island Council Session - 11/8/2016 Page 44 / 174 ORDINANCE NO. 9610 (Cont.) 8 ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto ______________________________________________________________________________ Print or Type Name, Address and Social Security Number or other Taxpayer Identification Number of Transferee the within note and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________ agent to transfer the within note on the books kept by the Paying Agent for the registration thereof, with full power of substitution in the premises. Dated: _______________________________________________________ NOTICE: The signature to this assignment must correspond with the name of the Registered Owner as it appears upon the face of the within note in every particular. Signature Guaranteed By: ____________________________________ (Name of Eligible Guarantor Institution as defined by SEC Rule 17 Ad-15 (17 CFR 240.17 Ad-15)) By:______________________________ Title:______________________________ Grand Island Council Session - 11/8/2016 Page 45 / 174 ORDINANCE NO. 9610 (Cont.) 9 SCHEDULE 1 TABLE OF OUTSTANDING PRINCIPAL AMOUNT CITY OF GRAND ISLAND, NEBRASKA PROMISSORY NOTE, SERIES 2016 Date Principal Amount Advanced Outstanding Principal Amount Notation Made By Grand Island Council Session - 11/8/2016 Page 46 / 174 ORDINANCE NO. 9610 (Cont.) 10 SCHEDULE II ATTACH AMORTIZATION SCHEDULE UPON START OF AMORTIZATION PERIOD Grand Island Council Session - 11/8/2016 Page 47 / 174 ORDINANCE NO. 9610 (Cont.) 11 Section 6. The Note shall be executed on behalf of the City with the manual or facsimile signatures of the Mayor and Clerk. In case any officer whose signature or facsimile thereof shall appear on the Note shall cease to be such officer before the delivery of such Note (including any note certificate delivered to the Registrar for issuance upon transfer), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of the Note. The Note shall not be valid and binding on the City until authenticated by the Registrar. The Note shall be delivered to the Registrar for registration and authentication. Upon execution, registration and authentication of the Note, they shall be delivered to the City Treasurer, who is authorized to deliver them to the Bank upon receipt of (a) the full purchase price of the Note, and (b) delivery to the City of an investor letter in substantially the form of Exhibit A hereto, but with such changes as may be approved by an Authorized Officer. Section 7. The City Treasurer of the City of Grand Island, Nebraska, is hereby appointed as Note Registrar and Paying Agent (the “Registrar”) for the Note. The Registrar shall keep the books for the registration and transfer of Note at its office in Grand Island, Nebraska. The names and registered addresses of the registered owner or owners of the Note shall at all times be recorded in such books. The transfer of the Note may be registered upon the books kept for the registration and registration of transfer of Note only (i) upon presentation and surrender thereof to the Registrar together with an assignment duly executed by the registered owner or such registered owner’s attorney or legal representative in such form as shall be satisfactory to the Registrar, (ii) the City shall consent to such transfer in its discretion and (iii) the assignee is a bank or a qualified institutional buyer as defined in Rule 144A promulgated by the Securities and Exchange Commission and the registered owner has obtained from such proposed transferee and provided to the Registrar, prior to such transfer and assignment, an investor letter in substantially the form of Exhibit A hereto. Upon any such registration of transfer, the City shall execute and the Registrar shall authenticate and deliver in exchange for such Note, a new Note of any denomination or denominations authorized by this Ordinance of the same series and maturity and in the same aggregate principal amount and bearing interest at the same rate. Note may be exchanged at the principal office of the Registrar for a like aggregate principal amount of Note and the City shall execute and the Registrar shall authenticate and deliver Note which the owner making the exchange is entitled to receive, numbered consecutively beginning after the last number then outstanding and of the same maturity and bearing interest at the same rate as the Note surrendered for exchange. The Registrar may impose a charge sufficient to defray all costs and expenses incident to registrations of transfer and exchanges. In each case the Registrar shall require the payment by the owner requesting exchange or transfer of any tax or other governmental charge required to be paid with respect to such exchange or transfer. The Registrar shall not be required to transfer Note for a period of 15 days next preceding any interest or principal payment date or to transfer any Note for a period of 30 days next preceding any date fixed for redemption. The Registrar shall also be responsible for making the payments of principal and interest as the same fall due upon the Note from funds provided by the City for such purpose. Payments of interest due upon the Note prior to maturity or redemption shall be made by the Registrar by mailing a check in the amount due for such interest on each interest payment date to the registered owner of each Note as of the close of business on the Grand Island Council Session - 11/8/2016 Page 48 / 174 ORDINANCE NO. 9610 (Cont.) 12 fifteenth day of the month immediately preceding the month in which interest on the Note is payable, addressed to such owner’s registered address as shown on the books of registration as required to be maintained under this Section 7. Payments of principal due at maturity or at any date fixed for redemption prior to maturity, together with any accrued interest then due, shall be made by the Registrar upon presentation and surrender of the Note at the office of the Registrar. The City and the Registrar may treat the registered owner of the Note as the absolute owner of the Note for purposes of making payment thereon and for all other purposes. All payments on account of interest or principal made to the registered owner of the Note shall be valid and effectual and shall be a discharge of the City and the Registrar in respect of the liability upon the Note or claims for interest to the extent of the sum or sums so paid. Section 8. After the Note is executed by the City it shall be delivered to the Registrar for authentication and registration as to ownership, and in the denominations designated in writing by the purchaser thereof identified in the Designation. After execution, authentication and registration of the Note, the City Treasurer is authorized and directed to deliver the Note to the purchaser upon receipt of the purchase price of the Note (or such other amount as may be determined in the Designation). Section 9. The City hereby agrees that the Loan, evidenced by the Note, shall be secured by and be payable from any and all general fund resources of the City, including but not limited to any and all authorized levies of taxes, including but not limited to the City’s food and beverage tax, and shall not, to the fullest extent permitted by law, be limited as to payment to the City’s general fund resources for any specific fiscal year. The City reserves the right to provide for payment of principal and interest on the Note from the further issuance of notes, bonds or other methods of financing. Section 10. The Clerk shall make and certify one or more complete transcripts of the proceedings had and done by the City precedent to the issuance of said Note, one of which transcripts shall be delivered to the purchaser of the Note. After being executed by the Mayor and Clerk, said Note shall be delivered to purchaser. Section 11. The City hereby covenants and agrees that it will make no use of the proceeds of the Note which would cause the Note to be an arbitrage bond within the meaning of Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and further covenants to comply with said Sections 103(b)(2) and 148 and all applicable regulations thereunder throughout the term of said issue, including all requirements with respect to payment and reporting of rebates, if applicable. The City hereby covenants to take all action necessary to preserve the tax-exempt status of the interest on the Note for federal income tax purposes under the Code with respect to taxpayers generally. The City further agrees that it will not take any actions which would cause the Note to constitute “private activity bonds” within the meaning of Section 141 of the Code. The City hereby designates the Note as its “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that it does not reasonably expect to issue bonds or other obligations aggregating in principal amount more than $10,000,000 during the calendar year in which the Note is issued (taking into consideration the exception for current refunding issues). The Mayor is hereby authorized to make, or cause to be made, any and all certifications deemed necessary in connection with the designation of the Note as “qualified tax-exempt obligations”. Grand Island Council Session - 11/8/2016 Page 49 / 174 ORDINANCE NO. 9610 (Cont.) 13 Section 12. The City’s obligation under this Ordinance shall be fully discharged and satisfied as to the Note authorized and issued hereunder, and said Note shall no longer be deemed outstanding hereunder when payment of the principal of such Note plus interest thereon to the date of maturity or redemption thereof (a) shall have been made or caused to be made in accordance with the terms thereof; or (b) shall have been provided by depositing with the Registrar or in escrow with a national or state bank having trust powers, in trust solely for such payment (i) sufficient moneys to make such payment or (ii) direct general obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States of America or obligations of an agency of the United States of America (herein referred to as “Government Obligations”), in such amount and maturing as to principal and interest at such times, as will insure the availability of sufficient moneys to make such payment, and such Note shall cease to draw interest from the date of their redemption or maturity and, except for the purposes of such payment, shall no longer be entitled to the benefits of this Ordinance; provided that, with respect to any Note called or to be called for redemption prior to the stated maturity thereof, notice of redemption shall have been duly given. If moneys shall have been deposited in accordance with the terms hereof with the Registrar as escrow agent in trust for that purpose sufficient to pay the principal of such Note, together with all interest due thereon to the due date thereof or to the date fixed for the redemption thereof, as the case may be, all liability of the City for such payment shall forthwith cease, determine and be completely discharged, and such Note shall no longer be considered outstanding. Section 13. Without in any way limiting the power, authority or discretion elsewhere herein granted or delegated, the Council hereby (a) authorizes and directs the Authorized Officers, the City Attorney and all other officers, officials, employees and agents of the City to carry out or cause to be carried out, and to perform such obligations of the City and such other actions as they, or any of them, in consultation with bond counsel, the initial purchaser of the Note and its counsel, shall consider necessary, advisable, desirable or appropriate in connection with this Ordinance and issuance, sale and delivery of the Note, including without limitation and whenever appropriate the execution and delivery thereof and of all other related documents, instruments, certifications and opinions, and (b) delegates, authorizes and directs the Mayor the right, power and authority to exercise his own independent judgment and absolute discretion in (i) determining and finalizing the terms, provisions, form and contents of any official statement utilized in offering the Note for sale to the public, (ii) determining and finalizing all other terms and provisions to be carried by the Note not specifically set forth in this Ordinance, and (iii) the taking of all actions and the making of all arrangements necessary, proper, appropriate, advisable or desirable in order to effectuate the issuance, sale and delivery of the Note. The execution and delivery by the Mayor or by any such other officers, officials, employees or agents of the City of any such documents, instruments, certifications and opinions, or the doing by them of any act in connection with any of the matters which are the subject of this Ordinance, shall constitute conclusive evidence of both the City’s and their approval of the terms, provisions and contents thereof and all changes, modifications, amendments, revisions and alterations made therein and shall conclusively establish their absolute, unconditional and irrevocable authority with respect thereto from the City and the authorization, approval and ratification by the City of the documents, instruments, certifications and opinions so executed and the actions so taken. Section 14. If any one or more of the provisions of this Ordinance should be determined by a court of competent jurisdiction to be contrary to law, then such provisions shall be deemed severable from the remaining provisions of this Ordinance and the invalidity thereof shall in no Grand Island Council Session - 11/8/2016 Page 50 / 174 ORDINANCE NO. 9610 (Cont.) 14 way affect the validity of the other provisions of this Ordinance or of the Note and the owners of the Note shall retain all the rights and benefits accorded to them under this Ordinance and under any applicable provisions of law. If any provisions of this Ordinance shall be held or deemed to be or shall, in fact, be inoperative or unenforceable or invalid in any particular case in any jurisdiction or jurisdictions, or in all cases because it conflicts with any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable or invalid in any other case or circumstances, or of rendering any other provision or provisions herein contained inoperative or unenforceable or invalid to any extent whatever. Section 15.All ordinances, resolutions or orders, or parts thereof in conflict with the provisions of this Ordinance are to be extent of such conflict hereby repealed. Section 16.This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. PASSED AND APPROVED this 8th day of November, 2016. ATTEST:Mayor City Clerk [SEAL] Grand Island Council Session - 11/8/2016 Page 51 / 174 ORDINANCE NO. 9610 (Cont.) 15 EXHIBIT A FORM OF INVESTOR LETTER ______________, 2016 City of Grand Island, Nebraska Grand Island, Nebraska Gilmore & Bell, P.C. Omaha, Nebraska Re:$______________ Promissory Note, Series 2016, dated _______________, 2016 Ladies and Gentlemen: The undersigned, _____________________________, as purchaser (the “Purchaser”) of the above-referenced note (the “Note”) issued by the City of Grand Island, Nebraska, (the “City”) pursuant to and on the terms set forth in Ordinance No. ____ of the City passed by the City Council on ______________, 2016, and the Designation of Final Rates and Terms dated _________, 2016, and executed by officials of the City (together, the “Ordinance”), hereby represents and warrants to you that: 1.Capitalized terms used herein and not otherwise defined are used with the meanings given such terms in the Ordinance. 2.The Purchaser has duly authorized, by all necessary action, the purchase of the Note and the right to receive the payments of principal of and interest on the Note pursuant to the terms and provisions of the Ordinance (the “Payments”). 3.The Purchaser is a qualified institutional buyer as defined in Rule 144A under the Securities Act of 1933, as amended (the “Securities Act”), because the Purchaser is [Insert Basis of Qualification]. The Purchaser has sufficient knowledge and experience in financial and business matters, including purchase and ownership of municipal and other tax-exempt obligations, to be able to evaluate the risks and merits of the investment represented by the Note, the Payments, and the Ordinance. The Purchaser is able to bear the economic risks of that investment, including a complete loss of such investment. 4.The Purchaser understands that the obligations of the City to make the Payments under the Ordinance and the Note are payable from the sources described in the Ordinance. 5.The Purchaser acknowledges that it has either been supplied with or has been given access to information, including financial statements and other financial information, which it has asked for and the Purchaser has had the opportunity to ask questions and receive answers from appropriate officers of the City concerning the City, the Note, the Payments, the Ordinance and the security therefor, so that the Purchaser has been able to evaluate the risks and Grand Island Council Session - 11/8/2016 Page 52 / 174 ORDINANCE NO. 9610 (Cont.) 16 merits of purchasing the Note and make its decision to purchase the Note on the terms set forth in the Ordinance. 6.The Purchaser made its own inquiry and analysis with respect to the Ordinance, the Note, the Payments, and the security therefor, and other factors affecting the security and payment of such payments set forth in the Ordinance. The Purchaser is aware that the business of the City involves certain economic variables and risks that could adversely affect the security for the payments to be made by the City to the Purchaser under the terms of the Ordinance and the Note. The Purchaser has examined the legal documents relating to the Note and the Ordinance, including the proposed legal opinion to be delivered by Gilmore & Bell, P.C. as to the validity of and tax status of interest on the Note. 7.The Purchaser understands that the Note (including the right to receive the Payments under the terms of the Ordinance) (a) are not being registered or otherwise qualified for sale under the securities laws and regulations of any state, (b) will not be listed on any securities exchange, (c) do not and will not carry a credit rating from any credit rating service and (d) will be delivered in a form which may not be readily marketable. 8.The Purchaser understands that the Note (including the right to the Payments under the terms of the Ordinance) have not been registered under the Securities Act in reliance upon certain exemptions from registration. The Purchaser represents to you that it is purchasing the Note for investment for its own account and not with a view toward resale or the distribution thereof, in that it does not now intend to resell or otherwise dispose of the Note or any part of its interest in the Note. The Purchaser agrees not to sell, transfer or otherwise dispose of the Note or all or any part of its interest in the Note or the Ordinance unless the transferee executes a letter of representation in substantially the form of this letter and such sale, transfer or other disposition is in compliance with applicable securities laws and the provisions of the Ordinance. 9.The Purchaser agrees to indemnify and hold harmless the City with respect to any claim asserted against the City that is based upon the Purchaser’s sale, transfer or other disposition of the Note or all or any part of the Purchaser’s interests in the Note or the Ordinance in violation of the provisions hereof or of the Ordinance, other than any claim that is based upon the gross negligence or willful misconduct of the City. 10.The Purchaser has executed and delivered this letter in connection with issuance of the Note as an inducement to the City to cause the issuance of the Note and the execution and delivery thereof to the Purchaser. Only the addressees hereof may rely upon this letter. ______________________________ By: ______________________________________ Authorized Officer Grand Island Council Session - 11/8/2016 Page 53 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item F-3 #9611 - Consideration of Approving Ordinance for Refinancing of Heartland Event Center Staff Contact: Renae Griffiths, Finance Director Grand Island Council Session - 11/8/2016 Page 54 / 174 Council Agenda Memo From:Renae Griffiths, Finance Director Meeting:November 8, 2016 Subject:Consideration of Approving Ordinance for Refinancing of Heartland Event Center Presenter(s):William Clingman, Assistant Finance Director Blaine Spady, Municipal Capital Advisors Michael Rogers, Gilmore & Bell, P.C. Background The Heartland Event Center (HEC) lease purchase agreement and related bonds were originally created and issued in 2004. They were subsequently refinanced in 2011. Currently the lease purchase agreement will be paid off in June of 2025. Discussion The refinancing done in 2011 is eligible to be refinanced again. The estimated cost savings from this refinancing to the City is at least $130,000. The payoff date for the lease purchase agreement will not be changed as a result of this refinancing. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Take no action or fail to approve the ordinance. This would require continued payments on the 2011 refinancing. Recommendation City Administration recommends that the Council approve the refinancing of the Heartland Event Center debt. Sample Motion Move to approve Ordinance No. 9611 that approves the refinancing of HEC. Grand Island Council Session - 11/8/2016 Page 55 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney ORDINANCE NO. 9611 AN ORDINANCE PROVIDING FOR THE PURCHASE AND LEASING OF AN AGRICULTURAL EXPOSITION AND EVENTS CENTER FOR THE CITY OF GRAND ISLAND; AUTHORIZING EXECUTION AND DELIVERY OF A FOURTH ADDENDUM TO LEASE PURCHASE AGREEMENT WITH FONNER PARK EXPOSITION AND EVENTS CENTER, INC., AMENDING AND CONFIRMING THE TERMS OF A LEASE PURCHASE AGREEMENT PREVIOUSLY ENTERED INTO, RELATING TO THE CONSTRUCTION AND ACQUISITION OF SAID EVENTS CENTER FOR USE BY THE CITY OF GRAND ISLAND, NEBRASKA; APPROVING THE EXECUTION OF DOCUMENTS WITH RESPECT TO SAID FOURTH ADDENDUM; PROVIDING FOR CONFIRMATION OF THE ACCEPTANCE OF TITLE; APPROVING THE TERMS OF A TRUST INDENTURE AND SECURITY AGREEMENT; MAKING CERTAIN DETERMINATIONS WITH RESPECT TO REFUNDING BONDS TO BE ISSUED UNDER SUCH INDENTURE; AUTHORIZING THE APPROVAL OF A PURCHASE AGREEMENT AND OTHER TERMS; PROVIDING FOR THE CALLING AND REDEMPTION OF REFUNDED BONDS PREVIOUSLY ISSUED; PROVIDING FOR CERTAIN MATTERS WITH RESPECT TO THE EXEMPTION OF INTEREST ON THE REFUNDING BONDS AND PROVIDING FOR THE PUBLISHING OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA (the “City”) as follows: Section 1. The Mayor and Council hereby find and determine: that the City has previously approved the execution and delivery of that Lease Purchase Agreement dated as of October 9, 2001 (the “Original Lease Purchase Agreement”) by and between the City and Fonner Park Exposition and Events Center, Inc., (the “Corporation”), a Nebraska nonprofit corporation, which agreement has been supplemented and amended by that Addendum to Lease Purchase Agreement dated August 26, 2003 (the “First Addendum”) and further supplemented and amended by that Second Addendum to Lease Purchase Agreement dated December 1, 2004 (the “Second Addendum”) and further supplemented and amended by that Third Addendum to Lease Purchase Agreement dated September 1, 2011 (the “Third Addendum” and together with the Original Lease Purchase Agreement, First Addendum and Second Addendum, the “Existing Agreement”); that pursuant to the Third Addendum, the Corporation issued Refunding Building Bonds (Heartland Events Center Project), Series 2011, (the “Refunded Bonds”), which the Refunded Bonds were issued for the purpose of refunding the Corporation’s Building Bonds (Heartland Events Center Project), Series 2004, date of original issue — December 28, 2004 (the “2004 Bonds”), which the 2004 Bonds were issued to pay the costs of the construction and acquisition of an agricultural exposition and events center to serve the City and its inhabitants (the “Project”) and which the Refunded Bonds remain outstanding and unpaid in the principal amount of $4,100,000; that since the Refunded Bonds were issued, the rates of interest available in the market have so declined that by the Corporation issuing its refunding bonds to provide for the payment and redemption of the Refunded Bonds, a substantial savings in the amount of yearly running interest will be made, thereby reducing the amount of payments required of the City under the Existing Agreement; that the Corporation has been formed under the Nebraska nonprofit corporation laws exclusively for purposes permitted by Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”); that it is necessary and advisable to Grand Island Council Session - 11/8/2016 Page 56 / 174 ORDINANCE NO. 9611 (Cont.) 2 further supplement and amend the terms of the Existing Agreement in order to provide for the refunding of the Refunded Bonds and a reduction in the payments required of the City under the Existing Agreement, as allowed by the terms of the Existing Agreement; that the documents necessary for such purposes have been prepared and said documents should be approved and their execution authorized. Section 2. The City of Grand Island shall enter into the Fourth Addendum to Lease Purchase Agreement, with the Corporation, modifying the terms of the Existing Agreement (the “Fourth Addendum” and together with the Existing Agreement, the “Agreement”) and whereby the Corporation has constructed and acquired the Project in accordance with specifications approved by the City and with a set schedule of payments relating to the acquisition of the Project and that the Fourth Addendum in substantially the form as the Third Addendum, but with such changes as an Authorized Officer (as herein defined) may approve, providing for the resetting of the amount of installment purchased payments, is hereby approved. Section 3. The Mayor, Finance Director or City Administrator (each, an “Authorized Officer”) be and they are hereby authorized and directed to execute and deliver on behalf of the City the Fourth Addendum, including any necessary counterparts, in substantially the form as the Third Addendum entered into in connection with the Refunded Bonds, but with such changes or modifications therein (specifically including the determination of the final amounts of the installment purchase payments) as to an Authorized Officer seem necessary, desirable or appropriate on behalf of the City; and said Authorized Officers are further authorized and directed to execute and deliver any other documents or certificates and to do all other things necessary or appropriate in connection with the Agreement, including causing the Refunded Bonds to be called for redemption. Section 4. The Mayor and Council hereby confirm the approval by the City of the formation of the Corporation, including the Articles of Incorporation and Bylaws thereof and the five currently serving directors thereof; and further approve the Trust Indenture and Security Agreement (the “Indenture”) from the Corporation in favor of a bank or trust company as designated by an Authorized Officer, as trustee, under which Refunding Building Bonds (Heartland Events Center Project), Series 2016, in the aggregate principal amount of not to exceed $3,850,000 (the “Refunding Bonds”) are to be issued, and the City hereby approves the issuance of the Refunding Bonds, in such principal amount (or any lesser principal amount) and bearing interest at rates as shall be set forth in the Indenture resulting in present value savings to the City of not less than $130,000 over the debt service on the Refunded Bonds, and the sale of said bonds through (a) a private placement with a bank or (b) a negotiated sale to an underwriter as designated by an Authorized Officer, as initial purchaser, (the “Underwriter”) in accordance with the terms of a Bond Purchase Agreement in the form approved by an Authorized Officer (the “Bond Purchase Agreement”), at a discount from the stated principal amounts not to exceed 1.00%, plus or minus any original issue discount or premium, is hereby approved. An Authorized Officer is hereby further authorized to sign the approval form on the Bond Purchase Agreement, term sheet or other such purchase agreement as may be necessary or appropriate in the case of a private placement, on behalf of the City and to approve at the time of closing of the purchase of the Refunding Bonds the final form of the Indenture, which Indenture shall be in substantially the form of the Trust Indenture and Security Agreement entered into in connection Grand Island Council Session - 11/8/2016 Page 57 / 174 ORDINANCE NO. 9611 (Cont.) 3 with the Refunded Bonds, but with such changes as to an Authorized Officer seem necessary, desirable or appropriate on behalf of the City. Section 5. In connection with the execution and delivery of the Fourth Addendum and the issuance by the Corporation of the Refunding Bonds, the following determinations and approvals are hereby made by the Mayor and Council: (a)The City herby declares, as provided in the Agreement, that it will take title to the Project (including additions) when the Refunding Bonds are discharged. (b)The City hereby approves the Direction to Give Notice of Redemption of the Refunded Bonds in the form approved by an Authorized Officer and authorizes an Authorized Officer to direct the Corporation to execute and deliver such Direction for Call, with any changes deemed necessary and appropriate by the Corporation, to the Trustee. The City further authorizes the Authorized Officers to take any and all actions necessary and appropriate to effect the redemption of the Refunded Bonds. (c)The Authorized Officers, or each individually, are hereby further authorized to do any and all things and execute and approve any and all documents deemed by them to be necessary and appropriate in connection with the issuance of the Refunding Bonds and the redemption of the Refunded Bonds. Section 6. The Mayor and Council hereby state that it is the intention of the City that interest on the Refunding Bonds issued by the Corporation shall be excludable from gross income under the federal income tax by virtue of Section 103 of the Code and Revenue Ruling 63-20 and Revenue Procedure 82-26 of the Internal Revenue Service and the Mayor and Council hereby authorize the Authorized Officers (or any one or more of them) to take all actions necessary or appropriate to carry out said intention and for obtaining such interest exclusion. The City hereby covenants with the Corporation for the benefit of the purchasers and holders of the Refunding Bonds that it will make no use of the proceeds of said issue, including monies held in any sinking fund for the payments set forth in the Agreement or principal and interest on the Refunding Bonds, which would cause the Refunding Bonds to be arbitrage bonds within the meaning of Section 103 and 148 and other related sections of the Code and further covenants to comply with said Sections 103 and 148 and related sections and all applicable regulations thereunder throughout the term of said issue, including all requirements with respect to reporting and payment of rebates, if applicable. The City hereby designates the Refunding Bonds (as issued on behalf of the City) as the City’s “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that is does not reasonably expect to issue or have issued on its behalf tax-exempt bonds or other tax-exempt interest bearing obligations aggregating in principal amount more than $10,000,000 during calendar year 2016 (taking into consideration the exception for current refunding issues), provided that the amount of the Refunding Bonds hereby designated shall be reduced as and to the extent that all or a portion of the Refunding Bonds may be determined to be “deemed designated” in accordance with the provision of Section 265(b)(3)(D) of the Code. The officers of the City (or any one of them) are hereby authorized to make allocations of the Refunding Bonds (as to principal maturities) and of the proceeds of the Refunding Bonds and debt service funds (related to Grand Island Council Session - 11/8/2016 Page 58 / 174 ORDINANCE NO. 9611 (Cont.) 4 payments due under the Agreement) of the City as may be deemed appropriate under the federal tax laws and regulations, specifically including any allocations relating to the determination of all or a portion of the Refunding Bonds as “deemed designated”. Any such allocations made and determinations set forth in a certificate by an officer of the City (which may be in cooperation with any certification provided by the Corporation) shall be and constitute authorized determinations made on behalf of the City with the same force and effect as if set forth in this Ordinance. Section 7. In the case of a negotiated sale with the Underwriter, the Mayor and Council hereby authorize an Authorized Officer to approve, deem final and deliver on behalf of the City the Preliminary Official Statement and the final Official Statement for the Refunding Bonds, all in accordance with Rule 15c2-12 promulgated by the Securities and Exchange Commission. In the case of a private placement with a bank, the Authorized Officers are hereby directed and authorized to approve, deem final and deliver any form of private placement memorandum that may be required or requested by the bank purchasing the Refunding Bonds. Section 8. This Ordinance shall be in force and take effect from and after its publication as provided by law. Passed and approved this 8th day of November, 2016. Mayor Attest: City Clerk Grand Island Council Session - 11/8/2016 Page 59 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-1 Approving Minutes of October 25, 2016 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 11/8/2016 Page 60 / 174 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 25, 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 October 25, 2016. Notice of the meeting was given in The Grand Island Independent on October 19, 2016. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Jeremy Jones was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, Assistant City Attorney Stacy Nonhof, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Patrick Tum-Monge and board member Amber Alvidrez. INVOCATION was given by Pastor John Hayes, Grace Baptist Church, 115 South Vine Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Police Chief Robert Falldorf for 30 Years of Service with the Grand Island Police Department. Mayor Jensen and the City Council recognized Police Chief Robert Falldorf for 30 years of service with the Grand Island Police Department. Police Chief Falldorf was present for the recognition. Recognition of Utilities Director Tim Luchsinger for 30 Years of Service with the City of Grand Island. Mayor Jensen and the City Council recognized Utilities Director Tim Luchsinger for 30 years of service with the City of Grand Island Utilities Department. Mr. Luchsinger was present for the recognition. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement - Southeast Corner of Highways 34 & 281 (Museum Board of Hall County, NE). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located in the southeast corner of Highway 34 & 281 was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would be used to provide electrical service including a transformer and high voltage power line for new facilities of an outdoor entertainment area and future restroom at Stuhr Museum. Staff recommended approval. No public testimony was heard. CONSENT AGENDA: Consent agenda item G-11 (Resolution #2016-263) was pulled for further discussion. Motion by Paulick, second by Donaldson to approve the Consent Agenda excluding item G-11. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 11, 2016 City Council Regular Meeting. Grand Island Council Session - 11/8/2016 Page 61 / 174 Page 2, City Council Regular Meeting, October 25, 2016 Approving Minutes of October 18, 2016 City Council Study Session. Approving Request for Liquor Manager Designation from Maria Garcia, 610 East 12th Street #8, Wood River, NE for Fiesta Latina, 2815 South Locust Street. #2016-256 - Approving (4) 2017 Ford Police Interceptor Vehicles under State Contract from Anderson Ford Group of Lincoln, Nebraska in an Amount of $113,736.00. #2016-257 - Approving Acquisition of Utility Easement - Southeast Corner of Highways 34 & 281 - Museum Board of Hall County, NE. #2016-258 - Approving Bid Award for Utilities Tree Trimming Contract 2017-TT-1 with Leetch Tree Service of Grand Island, Nebraska in an Amount of $146,775.00. #2016-259 - Approving Certificate of Final Completion for Water Main District 468 - Stauss Road; and Setting the Board of Equalization Hearing for November 22, 2016. #2016-260 - Approving Change Order No. 7 for North Interceptor Phase II; Project No. 2013-S- 4 with S.J. Louis Construction, Inc. of Rockville, Minnesota for an Increase of $265,030.45 and a Revised Contract Amount of $21,191,937.19. #2016-261 - Approving Designating a Portion of Orleans Drive, North of Faidley Avenue, as No Parking. #2016-262 - Approving Amendment to Purchase Agreement for Enterprise Asset Management System (EAMS) with Cartegraph Systems, Inc. of Dubuque, Iowa in an Amount of $19,000.00. #2016-263 - Approving Interlocal Agreement with Hall County Regarding Library Services to Hall County Residents. Library Director Steve Fosselman stated the Library Board and Hall County approved the Interlocal Agreement to allow Hall County residents outside the city limits free library cards. Alan Lepler, president of the Library Board and Hall County Supervisors Gary Quandt and Jane Richardson spoke in support. Motion by Nickerson, second by Minton to approve Resolution #2016-263. Upon roll call vote, all voted aye. Motion adopted. #2016-264 - Approving Bid Award for Portable Fire Training Tower and Burn Room with WHP of Overland Park, Kansas in an Amount of $585,127.00. #2016-265 - Approving Change Order for Braun Ambulance with North Central Ambulance Sales and Service of Lester Prairie, Minnesota for an Increase of $769.00 and a Revised Contract Amount of $219,208.00. #2016-266 – Approving Vital Sign Monitor and Cardiac Defibrillator Maintenance Contract with Physio Control for 4 Years in an Amount of $30,192.00. Grand Island Council Session - 11/8/2016 Page 62 / 174 Page 3, City Council Regular Meeting, October 25, 2016 RESOLUTIONS: #2016-267 - Consideration of Approving Changes to Speed Limit Resolution No. 2010-171. Public Works Director John Collins reported that the Engineering Division of the Public Works Department had completed a review of speed limits for the community and was recommending several changes due to annexation and traffic flow. Motion by Stelk, second by Fitzke to approve Resolution #2016-267 Upon roll call vote, all voted aye. Motion adopted. #2016-268 - Consideration of Approving Animal Control Contract with the Central Nebraska Humane Society. Assistant City Attorney Stacy Nonhof reported that the current contract with Central Nebraska Humane Society would expire on October 31, 2016. Negotiations had taken place and a mutual agreement had been reached. The new contract was a yearly contract with automatic renewals for a flat fee of $370,000.00. Reviewed were changes to the current contract. Discussion was held regarding additional costs to the City for services not provided by the Humane Society. Humane Society Executive Director Laurie Dethloff answered questions concerning the proposed contract and how it would affect their service to the public. Comments were made regarding balancing the budget and if the Police Department would be able to handle this service. Gail Yenny, member of the Humane Society board commented on the number of personnel it took to take care of these animals and the increase in wages. City Administrator Marlan Ferguson commented on licensing and looking at doing animal control in-house and what the costs would be. Councilmember Paulick made a motion that this be brought back to Council in 28 days. The motion died due to a lack of a second. Motion by Minton, second by Stelk to approve Resolution #2016-268. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Donaldson, second by Hehnke to approve the Claims for the period of October 12, 2016 through October 25, 2016 for a total amount of $4,261,132.97. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. RaNae Edwards City Clerk Grand Island Council Session - 11/8/2016 Page 63 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-2 Approving Minutes of November 1, 2016 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 11/8/2016 Page 64 / 174 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION November 1, 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 November 1, 2016. Notice of the meeting was given in the Grand Island Independent on October 26, 2016. Council President Linna Dee Donaldson called the meeting to order at 7:00 p.m. The following Councilmembers were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Mayor Jeremy Jensen and Councilmembers Jeremy Jones and Julie Hehnke were 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. Council President Donaldson introduced Community Youth Council member Addisyn Dupler and board member Zach Shultz. INVOCATION was given by Community Youth Council member Addisyn Dupler followed by the PLEDGE OF ALLEGIANCE. SPECIAL ITEMS: Presentation and Discussion regarding the Grand Island Fire Department. City Administrator Marlan Ferguson stated the Mayor and City Council had determined to have a balanced budget for Fiscal Year 2018. It was the administrations intent to review each department’s operation activities to determine the level of service provided versus the cost of the service. The Grand Island Fire Department was the first of several departments to inform the council and public of what they do. Fire Chief Cory Schmidt reviewed the history of the Grand Island Fire Department (GIFD). The fire department was organized in 1874 as a volunteer department. In 1921 GIFD changed from a volunteer fire department to a paid fire department. In 1980 ALS ambulance services started, in 2000 paramedics were assigned to engine companies, and in 2002 fire stations and crews began to specialize. Currently there were 3 shifts which were 24 hours long. There were 21 personnel on each shift assigned to 4 stations with a minimum personnel staffing of 17 per shift. Total personnel for the Fire Department were 70. The reason for the 24 hour shifts was to reduce overtime costs and/or number of personnel. There were four stations strategically located throughout Grand Island: Station 1, 409 E. Fonner Park Road (2007) Grand Island Council Session - 11/8/2016 Page 65 / 174 Page 2, City Council Study Session, November 1, 2016 Station 2, 1720 North Broadwell Avenue (1956) Station 3, 2310 South Webb Road (1987) Station 4, 3690 West State Street (1996) Chief Schmidt explained the personnel changes over the years. In 1985-87 they added 6 firefighters when Station #3 opened. Another 9 firefighters were added in 1996 when Station #4 was opened and in 2000 they added 6 firefighters. Discussion was held concerning the number of employees over the last 10 years. In 2006 there were 69 employees. Response times were reviewed with the average travel time of 3:34 for Fire and 2:57 for EMS. Explained was the rolling stock which included 7 ambulances and 7 fire/pumper trucks. The vehicle replacement plan for fire engines was 20 years of total service; aerials – 25 year service life; and ambulances – purchase one every other year, the goal was to have units not older than 14 years. Chief Schmidt stated they would need a fire engine within 3 years and an ambulance every other year. There were three major divisions – Fire Operations and Training; Emergency Medical Services (EMS); and Fire Prevention, each under a Division Chief. Division Chief Tim Heimer explained the Fire Operations and Training division which consisted of fire suppression, hazardous materials, technical rescue, severe weather response, aircraft rescue and firefighting, medical responses (including vehicle accidents), service calls, public education, structure fires, motor vehicle crashes, automatic alarms, vehicle and grass fires, and medical calls. Training and recruiting were explained. Division Chief Russ Blackburn explained the Emergency Medical Services (EMS) paramedic and EMT training. Explained were types of calls such as cardiopulmonary resuscitation, severe trauma, stroke, and ST segment elevation myocardial infraction along with response times. Discussion was held concerning private ambulances and staffing. Division Chief Fred Hotz explained the Fire Prevention Division which consisted of code enforcement, arson investigations, and public education. He commented on the importance of fire prevention and the difference it makes. Explained was what they don’t inspect, such as single and two family dwellings, multifamily residential property if no commons areas are under 11 units, buildings and structures on private residential property. What they do inspect are commercial buildings new and existing which includes: factories, mercantile stores, businesses, body shops, malls, restaurants, strip malls, hospitals, adult care, health care, child care, home child care, state fairgrounds, etc. Mentioned were inspections of health facilities, liquor licensures, corrections facilities, and underground storage tanks which were delegated by the State Fire Marshal’s office. In 2015 the Fire Department collected $92,000 in permits such as commercial buildings to build and/or occupy, new occupancy permits in existing buildings, open burning, and fireworks stands/trailers. This division also does arson investigation, public education, and fire prevention education in the public schools. Grand Island Council Session - 11/8/2016 Page 66 / 174 Page 3, City Council Study Session, November 1, 2016 Chief Schmidt stated the Insurance Services Office (ISO) evaluates fire departments and helps determine the fire insurance premiums for property owners in the department’s jurisdiction. Currently GIFD has a rate of 3 on a scale of 1 to 10. The next scheduled evaluation was November 29, 2016. The following issues for a volunteer fire department were mentioned: Recruitment and retention is very difficult Availability of volunteers during business hours Number of personnel available can vary Amount of time required substantial Level of proficiency is hard to maintain Trend in Nebraska, as cities grow, they tend to transition from volunteer to career departments Response times are critical Insurance rates Reviewed were the personnel and operating budgets. Due to minimum staffing, terms of contract, rising insurance costs, and increased call volume in the personnel budget it made cost reduction difficult. Covered was the increased call volume since 2011. In order to meet future demands there was a need to staff an additional ALS ambulance. Presented were cost recovery options such as fees for service, increased EMS transports, and the contract with Hall County which currently was $196,200. Discussion was held regarding the number of calls for EMS for each station. Station #4 calls were growing, but most of the EMS calls came out of Station #2. Comments were made concerning cost recovery such as long distance transfers, 24 hour shifts, peak staffing, and billing collection rates. ADJOURNMENT: The meeting was adjourned at 9:18 p.m. RaNae Edwards City Clerk Grand Island Council Session - 11/8/2016 Page 67 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-3 Approving Re-Appointments of Dean Sears, Derek Apfel, and John Hoggatt to the Interjurisdictional Planning Commission Mayor Jensen has submitted the re-appointments of Dean Sears, Derek Apfel, and John Hoggatt to the Interjurisdictional Planning Commission. The appointments would become effective December 1, 2016 upon approval by the City Council and would expire on November 30, 2017. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 11/8/2016 Page 68 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-4 Approving Re-Appointment of Jason Hornady to the Grand Island Facilities Corporation Board Mayor Jensen has submitted the re-appointment of Jason Hornady to the Grand Island Facilities Corporation board. The appointment would become effective December 1, 2016 upon approval by the City Council and would expire on November 30, 2019. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 11/8/2016 Page 69 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-5 Approving Request for Liquor Manager Designation from Robert Mahood, 312 N Pine Street for Nathan Detroit’s, 316 N Pine Street Staff Contact: RaNae Edwards Grand Island Council Session - 11/8/2016 Page 70 / 174 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:November 8, 2016 Subject:Request from Robert Mahood, 312 N. Pine Street for Liquor Manager Designation with Nathan Detroit’s, 312 N. Pine Street Presenter(s):RaNae Edwards, City Clerk Background Robert Mahood, 312 N. Pine Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Nathan Detroit’s, 312 N. Pine Street. This application has been reviewed by the Police Department and City Clerk’s Office. See Police Department report attached. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Mr. Mahood has completed a state approved alcohol server/seller training program. Staff recommends approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. Grand Island Council Session - 11/8/2016 Page 71 / 174 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Robert Mahood, 312 N. Pine Street for Liquor Manager Designation in conjunction with the Class “C-31274” Liquor License for Nathan Detroit’s, 312 N. Pine Street. Grand Island Council Session - 11/8/2016 Page 72 / 174 Grand Island Council Session - 11/8/2016 Page 73 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-6 #2016-269 - Approving Final Plat and Subdivision Agreement for Copper Creek Estates Ninth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 11/8/2016 Page 74 / 174 Council Agenda Memo From:Regional Planning Commission Meeting:November 8, 2016 Subject:Copper Creek Ninth Subdivision –Final Plat Presenter(s):Chad Nabity, Regional Planning Director Background This property is located south of Old Potash Highway and east of Engleman Road in the City of Grand Island, in Hall County, Nebraska. It has 2 lots on 5.555 acres, including a lot for a water tower to be owned and operated by the City of Grand Island. Discussion The final plat for Copper Creek Ninth Subdivision was considered by the Regional Planning Commission at the November 2, 2016 meeting. A motion was made by Ruge and seconded by Rainforth to approve and recommend that City Council approve the final plat of Copper Creek Estates Ninth Subdivision. A roll call vote was taken and the motion passed with eight members present (Apfel, O’Neill, Ruge, Robb, Rainforth, Sears, 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 Grand Island Council Session - 11/8/2016 Page 75 / 174 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 11/8/2016 Page 76 / 174 Grand Island Council Session - 11/8/2016 Page 77 / 174 The Guarantee Group LLC Developer/Owner Guarantee Group L.L.C Sean O’Connor 2502 N. Webb Road Grand Island NE 68801 To create 2 lots located south of Old Potash Highway and east of Engleman Road, in the City of Grand Island, in Hall County, Nebraska. Size: 5.555 acres Zoning: R2 – Low Density Residential Zone Road Access: City roads are available Water Public: City water is available Sewer Public: City sewer will be available. Grand Island Council Session - 11/8/2016 Page 78 / 174 Grand Island Council Session - 11/8/2016 Page 79 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-269 WHEREAS the Guarantee Group, L.L.C, A Nebraska Limited Liability Company, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “COPPER CREEK ESTATES NINTH SUBDIVISION”, to be laid out into 2 Lots, on a Tract of Land Located in Part of the Northwest Quarter (NW1/4) of Section Twenty-three (23), Township Eleven (11) North, Range Ten (10) 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 it; 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 herein before 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 COPPER CREEK ESTATES NINTH 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, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 80 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-7 #2016-270 - Approving Final Plat and Subdivision Agreement for Summerfield Estates Tenth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 11/8/2016 Page 81 / 174 Council Agenda Memo From:Regional Planning Commission Meeting:November 8, 2016 Subject:Summerfield Estates Tenth Subdivision –Final Plat Presenter(s):Chad Nabity, Regional Planning Director Background This property is located north of 13th Street and east of North Road in the City of Grand Island, in Hall County, Nebraska. It has 17 lots on 5.333 acres. Discussion The final plat for Summerfield Estates Tenth Subdivision was considered by the Regional Planning Commission at the November 2, 2016 meeting. A motion was made by Ruge and seconded by Rainforth to approve and recommend that City Council approve the final plat of Summerfield Estates Tenth Subdivision. A roll call vote was taken and the motion passed with eight members present (Apfel, O’Neill, Ruge, Robb, Rainforth, Sears, 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 Grand Island Council Session - 11/8/2016 Page 82 / 174 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 11/8/2016 Page 83 / 174 Grand Island Council Session - 11/8/2016 Page 84 / 174 TPCR Developments LLC and Donald R. and Jeri Erickson Developer/Owner TPCR Developments 620 N. Webb Road Grand Island NE 68803 To create 17 lots located north 13th Street and west of Highway 281, in the City of Grand Island, in Hall County, Nebraska. Size: 5.333 acres Zoning: R3 – Medium Density Residential Road Access: City roads are available Water Public: City water is available Sewer Public: City sewer is available. . Grand Island Council Session - 11/8/2016 Page 85 / 174 Grand Island Council Session - 11/8/2016 Page 86 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-270 WHEREAS TPCR Developments, LLC, A Nebraska Limited Liability Company, and Donald R. and Jeri L. Erickson, being the owners of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “SUMMERFIELD ESTATES TENTH SUBDIVISION”, to be laid out into 17 Lots, on a Tract of Land comprising all of Lots Five (5) and Six (6), Seven (7) and Eight (8), Block Two (2) Summerfield Estates Fifth Subdivision, all of Lot Four (4), Summerfield Estates Sixth Subdivision and a part of the West Half of the Southwest Quarter (W1/2 SW1/4), all in Section Twelve (12), Township Eleven (11) North, Range Ten (10) 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 it; 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 herein before 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 SUMMERFIELD ESTATES TENTH 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, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 87 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-8 #2016-271 - Approving the Purchase of a 2017 Motor Grader for the Utilities Department Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/8/2016 Page 88 / 174 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:November 8, 2016 Subject:Approving Purchase of a 2017 Motor Grader for Platte Generating Station Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Maintenance staff for the Utilities Generation and Water Production maintains the gravel roads at Platte Generating Station, Burdick Station, the Wellfield, and water pumping sites. The total of these sites have over 16 miles of gravel roads. The Maintenance staff is also responsible for snow removal of these gravel roads, as well as emergency snow removal of Wildwood Drive between Highway 281 and South Locust. Wildwood Drive will drift shut, and must be cleared during each shift change for the continued operation of Platte and Burdick Generating Stations and maintain access to the water pumping facilities. The current model is a 1962 Grader acquired used from the Street Department many years ago. This unit has provided many years of service, but it is becoming more difficult to get parts for repairs. During the major snow storm of 2016, the unit broke down while clearing snow. The new 2017 Caterpillar Model 12M3 Motor Grader will have increased power and a heavy duty multi-directional dozer/snow plow blade for the front. Discussion The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) in 2014, with Resolution 2014-326. To meet competitive bidding requirements, the Utilities Department obtained pricing from the NJPA Contract No. 032515 awarded to Caterpillar. Utilities Department staff is recommending the purchase of the Motor Grader from Nebraska Machinery Company (NMC Cat) in the amount of $285,353.00. An amount of $350,000.00 was approved in the 2015-2016 FY budget for this purchase. Grand Island Council Session - 11/8/2016 Page 89 / 174 The current 1962 grader will be disposed of through an online auction site. 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 Council approve the purchase of a new Motor Grader from NMC Cat for a purchase price of $285,353.00. Sample Motion Move to approve the purchase of a new Motor Grader from NMC Cat for a purchase price of $285,353.00. Grand Island Council Session - 11/8/2016 Page 90 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-271 WHEREAS, the City of Grand Island Production Division of the Utilities Department budgeted for a 2017 Motor Grader in the current budget; and WHEREAS, on October 28, 2014 with Resolution 2014-326, the City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA) to meet competitive bidding requirements; and WHEREAS, to meet competitive bidding requirements, the Utilities Department obtained pricing from the NJPA Contract No. 032515 awarded to Caterpillar, such bid being in the amount of $285,353.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2017 Motor Grader from the NJPA Contract No. 032515, in the amount of $285,353.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 91 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-9 #2016-272 - Approving Amendment #2 with JEO to the Architectural Service Project 2015-AS-1 - Remodel of the Utilities Service Center Building Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 11/8/2016 Page 92 / 174 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:November 8, 2016 Subject:Contract for Architectural Services for the Electric Service Center Building at 1116 W. N. Front – Amendment #2 Presenter(s):Tim Luchsinger, Utilities Director Background On April 28, 2015, City Council approved a contract with JEO Architects for an initial amount of $45,000.00 to evaluate space requirements and develop a conceptual design and building estimate for the remodel of the Electric Service Center Building at 1116 W. N. Front Street and a new garage to be constructed immediately north of the existing garage. It was determined by City staff to use a phased approach for this project. Discussion Phases 1 and 2 have been completed with a preliminary design of the new garage and remodel as well as the development of the construction drawings and specifications that were issued for bids. The Vehicle Storage Building Construction Contract was awarded to Rathman & Manning Corporation on July 12, 2016. Phase 3 of the Contract for Architectural Services includes the construction administration of the new building. The contracted amount needed to perform Phase 3 is $36,000.00. This is a not to exceed amount billed on actual hours worked. Alternatives It appears that the Council that 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 a future date 4. Take no action on the issue Grand Island Council Session - 11/8/2016 Page 93 / 174 Recommendation City Administration recommends that the Council approve Amendment #2 to the Contract for Architectural Services for the Electric Service Center Building at 1116 W. N. Front Street with JEO Architects with a not to exceed amount of $36,000.00. Sample Motion Move to approve Amendment #2 to the Contract for Architectural Services for the Electric Service Center Building at 1116 W. N. Front Street with JEO Architects with a not to exceed amount of $36,000.00. Grand Island Council Session - 11/8/2016 Page 94 / 174 The AIA Document B104 - 2007 Standard Form of Agreement Between Owner and Architect by and between the following Owner and Architect: OWNER: City of Grand Island Utilities Department City of Grand Island City Hall, P.O. Box 1968 Grand Island, NE 68802-1968 ARCHITECT: JEO Architecture, Inc. 2700 Fletcher Ave Lincoln, NE 68504 for the following project: PROJECT: "Architectural Services Project 2015-AS-1" is hereby amended as follows: Include PART 3 – Construction Administration Phase: JEO shall be compensated for these services in accordance with standard hourly billing rates with a not-to-exceed amount of $36,000. ADDITION $36,000.00 The original Contract Sum $45,000.00 (PART 1) Previous Amendment Amounts $99,000.00 (PART 2) The Contract Sum is increased by this Amendment $36,000.00. (PART 3) The Contract Sum is decreased by this Amendment $0.00 The total modified Contract Sum to date $180,000.00 Approval and acceptance of this Amendment acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED: CITY OF GRAND ISLAND By:_ Date Attest: Approved as to Form, City Attorney ACCEPTED: JEO Architecture, INC. By: Date 10-19-2016 Grand Island Council Session - 11/8/2016 Page 95 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-272 WHEREAS, a contract with JEO Architects was awarded on April 28, 2015 to evaluate space requirements and develop a conceptual design and building estimate for the remodel of the Electric Service Center Building at 1116 W. North Front Street; and WHEREAS, it was determined by City staff to use a phased approach for this project, and Phase 2 is nearing completion; and WHEREAS, Phase 3 includes construction administration of the new building; and WHEREAS, the contracted amount needed to perform Phase 3 will be a not to exceed amount of $36,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Phase 3 of the Contract for Architectural Services for the Electric Service Center Building at 1116 W. North Front Street is hereby approved, and the Mayor is authorized to sign Amendment #2 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 96 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-10 #2016-273 - Approving Bid Award for Drywall Installation for the Fleet Services Division Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 97 / 174 Council Agenda Memo From:John Collins, Public Works Director Meeting:November 8, 2016 Subject:Approving Bid Award for Drywall Installation for the Fleet Services Division Presenter(s):John Collins, Public Works Director Background Fleet Services is responsible for a 6,000 square foot repair shop space located at 1111 W. North Front St. The existing ceiling drywall is aged and there are locations that fell last year that had to be patched. On October 13, 2016, Fleet Services advertised for Drywall Installation services to place new 5/8” drywall over the existing. The new drywall will also serve as an additional fire barrier. Funds for the improvement were approved in the 2016/2017 budget. Discussion The Bid Request package was mailed to ten (10) potential bidders. One (1) bid was received and opened on October 26, 2016. Indoor Air Technologies, Inc. of Victor, NY submitted a bid in the amount of $26,700.00. The Fleet Services Division and the Purchasing Division reviewed the bid received and determined that it meets specifications. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 11/8/2016 Page 98 / 174 Recommendation City Administration recommends that the Council approve the bid award and contract for Fleet Services Drywall Installation to Indoor Air Technologies, Inc. of Victor, NY in the amount of $26,700.00. Sample Motion Move to approve the bid award and contract for Fleet Services Drywall Installation to Indoor Air Technologies, Inc. of Victor, NY in the amount of $26,700.00. Grand Island Council Session - 11/8/2016 Page 99 / 174 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 26, 2016 at 2:00 p.m. FOR:Fleet Services Drywall Installation DEPARTMENT:Public Works ESTIMATE:$30,000.00 FUND/ACCOUNT:61010001-85612 PUBLICATION DATE:October 13, 2016 NO. POTENTIAL BIDDERS:10 SUMMARY Bidder:Indoor Air Technologies, Inc. Victor, NY Bid Security:Cashier’s Check Exceptions:None Bid Price:$26,700.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent P1908 Grand Island Council Session - 11/8/2016 Page 100 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-273 WHEREAS, the City of Grand Island invited sealed bids for Fleet Services Drywall Installation, according to Request for Bid on file with the Public Works Department; and WHEREAS, on October 25, 2016 bids were received, opened and reviewed; and WHEREAS, Indoor Air Technologies, Inc. of Victor, NY, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $26,700.00; and WHEREAS, Indoor Air Technologies, Inc.’s bid is fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Indoor Air Technologies, Inc. of Victor, NY in the amount of $26,700.00 for Fleet Services Drywall Installation is hereby approved as the lowest responsive and responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 101 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-11 #2016-274 - Approving Bid Award for Snow Removal Services 2016/2017 for the Streets Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 102 / 174 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:November 8, 2013 Subject:Approving Bid Award for Snow Removal Services 2016/2017 for the Streets Division of the Public Works Department Presenter(s):John Collins, Public Works Director Background Snow Removal Services 2015-2016 bid request was advertised on October 12, 2016 and mailed to nine (9) potential bidders. The intent of this contract is to secure prices for equipment and labor to clear snow from City-owned Streets during snow removal operations in the 2016-2017 winter season. Discussion Two bids were received and opened on October 25, 2016. Below is the historic bid awards and current bid summary. 2016-2017 BID SUMMARY Bid Item (per hour) 2013-2014 Bid Award 2014-2015 Bid Award 2015-2016 Bid Award B&B Tree LLC, dba Tom’s Tree Service Diamond Engineering Dump Trucks $120.00 $165.00 $185.00 $138.00 NO BID Front End Loaders $165.00 $200.00 $220.00 $175.00 $310.00 Motor Graders $175.00 $220.00 $240.00 NO BID $310.00 Skid Steers N/A N/A N/A $115.00 NO BID Truck with Plow (16k-20k GVW)N/A NO BID NO BID $120.00 NO BID Truck with Plow (20k-35k GVW)N/A NO BID NO BID $130.00 NO BID Pick-up with Plow (1 ton)N/A NO BID NO BID $98.00 NO BID Grand Island Council Session - 11/8/2016 Page 103 / 174 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding the contract for Snow Removal Services 2016-2017 to B&B Tree LLC, dba Tom’s Tree Service, of Grand Island, Nebraska. Sample Motion Move to approve awarding contract to B&B Tree LLC, dba Tom’s Tree Service. Grand Island Council Session - 11/8/2016 Page 104 / 174 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 25, 2016 at 2:00 p.m. FOR: Snow Removal Services 2016-2017 DEPARTMENT: Public Works ESTIMATE: Dump Trucks for Hauling Snow $185.00 per hour Front End Loaders $220.00 per hour Motor Graders $240.00 per hour Truck w/Plow (16,000-20,000 GVW) $130.00 per hour Truck w/Plow (20,000-35,000 GVW) $135.00 per hour Pick-up w/Plow (1 Ton or larger) w/Plow $100.00 per hour FUND/ACCOUNT: 21033502-85213 PUBLICATION DATE: October 12, 2016 NO. POTENTIAL BIDDERS: 9 SUMMARY Bidder: Diamond Engineering Co. B & B Tree LLC dba Tom’s Tree Service Grand Island, NE Grand Island, NE Exceptions: None None Bid Price: Per Hour Per Hour Dump Trucks: No Bid $138.00 Front End Loaders: $310.00 $175.00 Motor Graders: $310.00 No Bid Skid Steers: No Bid $115.00 Truck w/Plows (16,000-20,000) No Bid $120.00 Truck w/Plows (20,000-35,000) No Bid $130.00 Pick-up w Plow (1 ton) No Bid $ 98.00 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Shannon Callahan, Street Supt. Stacy Nonhof, Purchasing Agent Renae Griffiths, Finance Director P1907 Grand Island Council Session - 11/8/2016 Page 105 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-274 WHEREAS, the City Of Grand Island invited sealed bids for Snow Removal Services 2016-2017, according to specifications on file in the office of the Public Works Department; and WHEREAS, on October 25, 2016 two bids were received, opened and reviewed; and WHEREAS, B&B Tree LLC, dba Tom’s Tree Service of Grand Island, Nebraska, submitted a bid in accordance with terms of the advertisement of the specifications and all other statutory requirements contained therein, such bid being as follows: Cost Per Hour Trucks for Hauling Snow $ 138.00 per hour Front End Loaders $ 175.00 per hour Motor Graders $ NO BID Skid Steers $ 115.00 per hour Truck (16,000-20,000 GVW) with Plow $ 120.00 per hour Truck (20,000-35,000 GVW) with Plow $ 130.00 per hour Pick-up (1 Ton) with Plow $ 98.00 per hour NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of B&B Tree LLC, dba Tom’s Tree Service of Grand Island, Nebraska for snow removal services in the amounts identified above is hereby approved as the lowest responsible bid submitted. BE IT FURTHER RESOLVED, that a contract between the City and such contractor for such snow removal services be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 106 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-12 #2016-275 - Approving Skid Steer Buy-Back for Streets Division Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 107 / 174 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:November 8, 2016 Subject:Approving Skid Steer Buy-Back for Streets Division Presenter(s):John Collins PE, Public Works Director Background The Streets Division currently owns two skid steers; one compact track loader and one rubber tire skid steer. The compact track loader is a front line machine for the Streets Division’s concrete repair crew that is primarily used for concrete removal (sawing, hammering, and excavating). The tracks on the machine make it ideal for cleaning detention cells and performing dirt work during the winter months. This unit has a number of attachments that allow it to be used for other functions like loading trees and mowing. It is one of the most versatile and heavily used pieces of equipment that is owned by the Streets Division. The rubber tire skid steer is used mainly for asphalt roadway patching. The equipment clears and loads millings from sections of roadway in preparation for new hot-mix asphalt. In November of 2014, the City Council approved the purchase of a new compact track loader and future participation in a buyback program with Central Nebraska Bobcat of Grand Island, NE. The Buyback program gives the City an opportunity to own a new machine, at minimal cost, each year lowering the risk of down time for a key piece of equipment and reducing equipment maintenance costs. The details of the approved buyback program are attached. Examples of Compact Track Loaders Grand Island Council Session - 11/8/2016 Page 108 / 174 This year the Streets Division is proposing upgrading the rubber tire skid steer to a compact track loader. There are two reasons for this change in equipment specifications. First, the rubber tire skid steer is used by the Asphalt crew the majority of the time and this past summer we had several issues with the tires on the new asphalt patches, either the tires were popping (causes crew downtime) or marring the asphalt – a track machine will alleviate these issues. Secondly, the use of two track machines in the winter is more efficient for cleaning and mowing detention cells. Last winter $2,500 was spent for rental of an additional compact track loader to assist this winter work but the upgrade would eliminate the need for a rental machine. Typically a compact track loader rental is one month or 50 hours, which ever happens first. This is an average cost of $50/hour compared to the cost on our machine at $11/hour. Discussion Skid Steer A – Compact Track Loader trading for same: The purchase price of a new compact track loader is $49,190.67 with an estimated trade- in value of $43,330.31 for the old unit; net purchase price for the new compact track loader would be $5,860.36. This price is based on 450 hours of use on the current compact track loader which may vary slightly at time of delivery. The breakdown calculation of cost based on the buyback program is below. T650 T4 Bobcat Compact Track Loader Cost of Use $11/HR @ 450 HRS $4,950.00 New Machine Price Increase $910.36 Net Purchase Price $5,860.36 Skid Steer B – Rubber Tire Skid Steer trading for Compact Track Loader: The purchase price of a new compact track loader is $45,326.58 with an estimated trade- in value of $31,694.12 for the old unit; net purchase price for the new compact track loader would be $13,632.46. This price is based on 250 hours of use on the current skid steer which may vary slightly at time of delivery. The breakdown calculation of cost based on the buyback program is below. S570 T4 Bobcat Skid Steer Loader Cost of Use $8/HR @ 250 HRS $2,000.00 Upgraded, New Machine Price Increase $11,632.46 Net Purchase Price $13,632.46 Grand Island Council Session - 11/8/2016 Page 109 / 174 The Skid Steer B cost for a new machine price increase will be significantly less next year and our trade-in will have a higher value. The above price breakdown reflects the cost to upgrade to a skid steer with tracks. Public Works staff is recommending the participation in Bobcat’s buyback program and the purchase of One (1) New Compact Track Loader for $49,190.67 with a trade-in value of $43,330.31 for a net purchase price of $5,860.36 and One (1) New Compact Track Loader for $45,326.58 with a trade-in value of $31,694.12 for a net purchase price of $13,632.46. 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 participation in Bobcat’s buyback program and the purchase of One (1) New Compact Track Loader for $49,190.67 with a trade-in value of $43,330.31 for a net purchase price of $5,860.36 and One (1) New Compact Track Loader for $45,326.58 with a trade-in value of $31,694.12 for a net purchase price of $13,632.46. Sample Motion Move to approve the participation in Bobcat’s buyback program and the purchase of One (1) New Compact Track Loader for $49,190.67 with a trade-in value of $43,330.31 for a net purchase price of $5,860.36 and One (1) New Compact Track Loader for $45,326.58 with a trade-in value of $31,694.12 for a net purchase price of $13,632.46. Grand Island Council Session - 11/8/2016 Page 110 / 174 Approved as to Form ¤ ___________ November 4, 20162 ¤ City Attorney R E S O L U T I O N 2016-275 WHEREAS, the City of Grand Island City Council approved participation in a buyback program with Central Nebraska Bobcat of Grand Island, NE in November of 2014; and WHEREAS, Central Nebraska Bobcat quoted a price for purchasing a new T650 T4 compact track loader for $49,190.67 with a trade-in value of $43,330.31 for a net purchase price of $5,860.36; and WHEREAS, Central Nebraska Bobcat quoted a price for purchasing a new T570 T4 compact track loader for $45,326.58 with a trade-in value of $31,694.12 for a net purchase price of $13,632.46. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of new T650 T4 compact track loader for $49,190.67 with a trade-in value of $43,330.31 for a net purchase price of $5,860.36 and the purchase of a new T570 T4 compact track loader for $45,326.58 with a trade- in value of $31,694.12 for a net purchase price of $13,632.46 from Central Nebraska Bobcat of Grand Island, NE is approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 111 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-13 #2016-276 - Approving Purchase of a New Air Compressor for the Streets Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 112 / 174 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:November 8, 2016 Subject:Approving Purchase of a new Air Compressor for the Streets Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Streets Division of the Public Works Department has funds available in the 2016- 2017 fiscal year for a new Air Compressor. Air compressors are most commonly used for clearing debris from joints and cracks prior to applying crack sealant material and clearing debris from pot holes before filling with patching material. Unit 263, Street’s currently owned 1985 air compressor, will be offered to other divisions and if necessary will be sold as surplus. Discussion The equipment specifications for a new Air Compressor awarded under State of Nebraska Contract No. 14288 OC to Logan Contractors Supply of Omaha, Nebraska meets all the requirements for the Streets Division. The purchase price of the new Air Compressor under the State of Nebraska Contract is $20,405.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of a new Air Compressor awarded under State of Nebraska Contract No. 14288 OC to Logan Contractors Supply of Omaha, Nebraska for a purchase price of $20,405.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/8/2016 Page 113 / 174 Approved as to Form ¤ ___________ November 4, 20162 ¤ City Attorney R E S O L U T I O N 2016-276 WHEREAS, the Streets Division of the Public Works Department for the City of Grand Island, has funds available in the 2016-2017 Fiscal Year for a new Air Compressor; and WHEREAS, the State of Nebraska Contract No. 14288 OC meets all equipment specifications and all statutory bidding requirements; and WHEREAS, the State of Nebraska awarded said contract to Logan Contractors Supply of Omaha, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment is authorized for a new Air Compressor in the amount of $20,405.00 from Logan Contractors Supply of Omaha, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 114 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-14 #2016-277 - Approving Purchase of a New Asphalt Roller for the Streets Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 115 / 174 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:November 8, 2016 Subject:Approving Purchase of a New Asphalt Roller for the Streets Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Streets Division performs a great deal of asphalt patching during construction season to maintain the asphalt roads in good condition. The last few years, Streets has averaged a placement of over 3,000 tons of hot-mix asphalt per season. The quality of the patches dictates how long they will hold up to traffic and extreme weather conditions. The most important criteria of placing asphalt is compaction; proper compaction and smoothness is achieved with a steel drum, vibratory roller. Streets currently uses a 2005 Dynapac Roller with approximately 785 hours. The roller is a key component is Streets asphalt program and downtime should be limited as much as possible. The steel drums have divots and scars from heavy use which are decreasing the quality of the hot-mix asphalt patches. The divets and scars are mostly from rolling in cold-mix patches in the winter in which patching takes place on both concrete and asphalt streets. If a new roller purchase is approved, the existing roller will continue being used for rolling in cold-mix patches in the winter to avoid this type of wear and tear on the new machine. Discussion The Streets Division has funds budgeted in the 2016-2017 fiscal year for a new steel drum, vibratory roller. In 2013, The Grand Island City Council approved the use of the Huston-Galveston Area Council (HGAC) with Resolution 2013-193. To meet competitive bidding requirements, the Streets Division obtained contract pricing from HGAC Contract No. SM10-16 awarded to 4 Rivers Equipment LLC of Fort Collins, CO. Grand Island Council Session - 11/8/2016 Page 116 / 174 Public Works staff is recommending the purchase of a new Dynapac CC1300Plus Tandem Asphalt Roller from 4 Rivers Equipment of Fort Collins, CO in the amount of $56,747.55. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of a new Dynapac CC1300Plus Tandem Asphalt Roller from 4 Rivers Equipment of Fort Collins, CO in the amount of $56,747.55. Sample Motion Move to approve the purchase of a new Dynapac CC1300Plus Tandem Asphalt Roller from 4 Rivers Equipment of Fort Collins, CO in the amount of $56,747.55. Grand Island Council Session - 11/8/2016 Page 117 / 174 DYNAPAC TANDEM ASPHALT ROLLERS Dynapac CC800, CC900, CC900S, CC1000 CC1100, CC1200, CC1300 CC1100C, CC1200C, CC1300C Grand Island Council Session - 11/8/2016 Page 118 / 174 2 BUILDING ON EXPERIENCE DYNAPAC IS THE WORLD’S MOST SPECIALIZED and experienced manufacturer of compaction and paving equipment. Our expertise has resulted in numerous successful innovations. To put it simply, we know this business and we’ve got the power to transform groundbreaking ideas into cost-efficient solutions and reliable machines. That is why Dynapac is a winner when you compare overall profitability and life-cycle cost. In our lean and target-oriented organization, there are very short and straight paths between development, manufacturing and our worldwide service network. As a result, you benefit from quality products, exceptional maintenance and service, and overall superior equipment perfor- mance. Our small tandem vibratory rollers are a series of highly efficient rollers that can make your project more profitable and strengthen your reputation as a trustworthy working partner. Grand Island Council Session - 11/8/2016 Page 119 / 174 8 STREET-SMART COMPACT TANDEM ROLLERS QUIETER THAN EVER ON THE SURFACE All three double-drum models feature vibration and drive on both drums. A large drum diameter makes them especially effective on soft asphalt. The optimum ratio of drum diameter to static linear load reduces the risk of cracks. All models in the series are perfect for urban areas, streets and roads. The CC1300 is also suitable for compacting subbases and bases and has the capacity to follow a paver. IN THE DRIVER’S SEAT An optional sideways sliding seat and operator-friendly dual front and reverse controls improve visibility for better control and better compaction. The ample clear- ance at the edge of the drums makes this true even close to high curbs. The series features a new control panel and low noise and vibration levels to reduce operator fatigue. A low center of gravity keeps the machines stable, and sturdy handgrips and steps enable safe boarding. An interlock system prevents the engine from acci- dentally starting. An automatic brake lock is applied if the engine stops or if there is a problem in the hydrau- lic or electric brake circuits. EASE OF MAINTENANCE Three separate filters in the sprinkler water system ensure no clogged sprinkler nozzles. The entire system can be drained easily without special tools. Filters for hydraulic fluid, engine oil and fuel are easily accessible. Modularity is a cornerstone when it comes to building Dynapac rollers, which are built from many existing com- mon parts. This means parts are easily accessible and readily available, which reduces equipment downtime. SUSTAINABLE PRODUCTIVITY Dynapac develops and manufactures products with the goal of sustainability: low operating costs and long-last- ing quality equipment that creates high-quality results for the companies who use Dynapac. These articulated small tandem asphalt rollers are no exception. The rollers are powered by a water-cooled Kubota diesel engine. The Dynapac CC1100 and CC1200 feature a 35 hp engine, while the CC1300 features a 45 hp en- gine. The low noise level benefits the operator and the surroundings, especially during night work. Long service intervals mean fewer oil changes and less money spent on routine maintenance. The corrosion-free water tanks are made of impact-resistant and recyclable polyethylene plastic. As an option, the machines can be equipped with biodegradable hydraulic oil. DYNAPAC’S SERIES OF ARTICULATED COMPACT TANDEM ROLLERS – the Dynapac CC1100, CC1200 and CC1300 – are designed for compaction on city streets where size and noise matter most. The series has an operating weight of 2.4 metric tons to 4 metric tons and is available with double steel vibratory drums or one vibration drum and four static rubber tires - a combi version. All models feature design improvements and an en- gine that is quieter than ever. Grand Island Council Session - 11/8/2016 Page 120 / 174 DYNAPAC CC1100 CC1200 CC1300 QUIETER THAN EVER The rubber tires are operated in pairs by separate drive motors. ALL MODELS AVAILABLE AS COMBI VERSION The combi rollers reduce the risk of marring newly laid asphalt when making sharp turns. Hydraulic fluid, engine oil and fuel system filters are easy to reach and easy to change. Long service intervals means less downtime. The corrosion-free and impact-resistant water tank is made of recyclable material. Large opening for easy filling. Easily drained sprinkler system. No special tools required. Safety interlock to prevent accidents — The operator must be in the seat before the engine will start. Ergonomic F/R handle. Silent, water- cooled diesel engine. Automatic brake lock if the engine stops or if there is a problem in the hydraulic or electric brake circuits. Grand Island Council Session - 11/8/2016 Page 121 / 174 10 ATTENTION TO DETAIL - THE BASE OF PERFECTION Silent and powerful water-cooled Kubota diesel engine. The large easy-to-open engine hood contributes to great accessibility. The water tank has a large opening for easy filling. Pressurized sprinkler system with a powerful water pump and self-draining sprinkler tubes and nozzles. Fail-safe brakes on both drums (or drum + combi wheels), which apply automatically in the event of a failure in the engine, hydraulics or an electrical fault in the brake system. Sturdy handgrips and ergonomic steps enable safe boarding.High clearance of the edge of the drums facilitates compac- tion close to high curbstones. Excellent view over the drum edges for better control and compaction results. Grand Island Council Session - 11/8/2016 Page 122 / 174 11 CC Plus Package for CC1100, CC1200 and CC1300 CHOOSE BETWEEN CC AND CC PLUS PACKAGES Biodegradable hydraulic fluid Fire extinguisher Footrest Hearing protectors CC PLUS Package for Dynapac CC1100, CC1200 and CC1300 + combi versions Options for CC and CC Plus Dynapac CC1100, CC1200 and CC1300 Options for CC Plus package: Driving lights, right-and-left handed Dual frequency Flow divider Slidable lux seat Included: Backup alarm Working lights Foldable ROPS incl. 3-inch seat belt License plate light Rear-view mirror, traffic view Service kit 50/500/1000H Side direction lights (driving lights required) Slow Moving Vehicle sign Special color (one or two) Tool set Towing eyelet Water tank cover, lockable CC Package for Dynapac CC1100, CC1200 and CC1300 + combi versions Included: Backup alarm Brake release CE Sign Dual arm rest Dual forward/reverse control Foldable ROPS incl. seatbelt Rotating beacon Sprinkler timer Spring-loaded scrapers Slideable comfort seat Vibration shut off, front drum Working lights Options for CC package: Canopy roof without ROPS CE mark and rotating beacon Grand Island Council Session - 11/8/2016 Page 123 / 174 COMMITTED TO SUSTAINABLE PRODUCTIVITY We stand by our responsibilities towards our customers, towards the environment and the people around us. We make performance stand the test of time. This is what we call - Sustainable Productivity.PMI 3492 0244 93 - February 2015 CC800 CC900 CC900S CC1000 CC1100 CC1200 CC1300 CC1100C CC1200C CC1300C We reserve the right to change specifications without notice. Photos and illustrations do not always show standard versions of machines.The above information is a general description only, is not guaranteed and contains no warranties of any kind. HYDRAULIC SYSTEM Driving axial piston pump with variable displacement and servo. Two radial piston motors with constant displacement. Vibration gear pump/motors with constant displacement. Steering gear pump with constant displacement. Service brake hydrostatic in forward and reverse lever. Parking/ emergency brake, fail-safe brake in both drums. Drum width, in 31,5 35 35 39 42 47 51 MASSES Operating mass , lb 3,475 3,500 3,600 3,700 5,200 5,750 8,600 (incl. ROPS) Module mass, lb 1,630/1,845 1,650/1,850 1,700/1,900 1,730/1,970 2,500/2,700 2,800/2,975 4,200/4,400 (front/rear) TRACTION Speed range (mph) 0-6 0-6 0-6 0-6 0-6 0-6.2 0-6.2 Vertical oscillation (Deg) ±13 ±13 ±13 ±13 ±10 ±10 ±10 Theor. Gradeability (%) 40% 40% 40% 40% 49% 43% 37% COMPACTION Centrifugal force , lb 3,820 3,820 3,800 3,820 5,170 6,070 7,420 Nominal amplitude, in 0,02 0,02 0,01 0,01 0,02 0,02 0,02 Static linear load lb/in 52/58 46/53 49/53 44/50 59/64 59/63 82/86 (front/rear) Vibration frequency, VPM 4,200 4,200 4,200 4,200 3,420 3,420 3,120 (high/low amplitude) Water tank, Gal 30 30 30 30 42 42 53 ENGINE Manufacturer/Model KubotaD1105-E4B KubotaD1105-E4B KubotaD1105-E4B KubotaD1105-E4B Kubota D1701-M T4i Kubota D1701-M T4i Kubota V2203-M T4i Rated power (hp), @ 2,600 rpm 24 24 24 24 35 35 44 SAE J1995 Drum width, in 42 47 51 MASSES Operating mass, lb 5,075 5,350 8,300 (incl. ROPS) Module mass, lb 2,500/2,575 2,775/2,575 4,275/4,025 (front/rear) TRACTION Speed range (mph) 0-6 0-6 0-6 Vertical oscillation (Deg) ±10 ±10 ±10 Theor. Gradeability (%) 68% 63% 37% COMPACTION Centrifugal force, lb 5,170 6,070 7,420 Nominal amplitude, in 0,02 0,02 0,02 Static linear load lb/in 59/63 59/55 83/78 (front/rear) Vibration frequency, VPM 3,420 3,420 3,120 (high/low amplitude) Water tank, Gal 42 42 53 ENGINE Manufacturer/Model Kubota D1701-M T4i Kubota D1701-M T4i Kubota V2203-M T4 Rated power (hp), @ 2,600 rpm 35 35 44 SAE J1995 Fuel tank capacity, Gal 13 13 13 Mining, Rock Excavation and Construction LLC 3700 E 68th Ave, Commerce City, CO 80022 USA Phone: +1 800 732-6762, Fax+1 303 288-8828 www.atlascopco.us Grand Island Council Session - 11/8/2016 Page 124 / 174 Approved as to Form ¤ ___________ November 4, 20162 ¤ City Attorney R E S O L U T I O N 2016-277 WHEREAS, the Houston-Galveston Area Council Buying Group (HGAC) was utilized to secure competitive bids for a new steel drum, vibratory roller by the Streets Division of the Public Works Department; and WHEREAS, HGAC Contract No. SM10-16 was awarded to 4 Rivers Equipment LLC of Fort Collins, CO; and WHEREAS, the Public Works Department has recommended the purchase of the new Dynapac CC1300Plus Tandem Asphalt Roller from 4 Rivers Equipment LLC of Fort Collins, CO for a purchase price of $56,747.55. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment for the purchase of the new Dynapac CC1300Plus Tandem Asphalt Roller from 4 Rivers Equipment LLC of Fort Collins, CO in the amount of $56,747.55 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 125 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-15 #2016-278 - Approving Parking Restrictions and Loading/Unloading Zone on the West Side of 324 West 4th Street for Aguilar Printing Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 126 / 174 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:November 8, 2016 Subject:Approving Parking Restrictions and Loading/Unloading Zone on the West Side of 324 West 4th Street for Aguilar Printing Presenter(s):John Collins PE, Public Works Director Background Council action is required to designate parking restrictions on any public street. A request was submitted by the property/business owner of 324 W 4th Street to designate a loading/unloading zone, timed parking, and a handicap parking stall along the west side of the property, as shown on the attached sketch. Discussion The Public Works Department reviewed the request for this area and concurs with the designation of a loading/unloading zone, twenty (20) minute parking stalls and a handicap parking stall on the west side of this property, as requested. These parking restrictions will allow for deliveries to and from this business, as well as rotation of available parking. 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 designating a loading/unloading zone, twenty (20) minute parking stalls and a handicap parking stall on the west side of this property. Sample Motion Move to approve the resolution. Grand Island Council Session - 11/8/2016 Page 127 / 174 Grand Island Council Session - 11/8/2016 Page 128 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-278 WHEREAS, the City Council, by authority of §22-77 of the Grand Island City Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of vehicles in or on any public street, public property, or portion thereof; and WHEREAS, to accommodate a property/business request, the Public Works Department is requesting the designation of a loading/unloading zone, twenty (20) minute parking stalls and a handicap parking stall on the west side of 324 W 4th Street, as noted on the attached sketch; and WHEREAS, it is recommended that such parking restrictions be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.A Loading/Unloading Zone is hereby designated on the west side of 324 W 4th Street, north approximately twenty (20) feet from 4th Street. 2.Twenty (20) minute parking is hereby designated on the west side of 324 W 4th Street, north from the Loading/Unloading Zone for approximately forty (40) feet. 3.A handicap parking stall is hereby designated on the west side of 324 W 4th Street, first parking space north of 4th Street. 4.The City’s Street Division of the Public Works Department shall erect and maintain the signs and pavement markings as necessary to effect the above regulation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 129 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-16 #2016-279 - Approving Bid Award for Sanitary Sewer District No. 538T, Ext of Sanitary Sewer to Serve Lot One (1) Jack Voss Horse Country Club Third Subdivision, Lot One (1) Miracle Valley Second Subdivision, and Part of the W 1/2 SW 1/4 of Misc Tracts 2-11-10 (W of Engleman Rd, N of Michigan Ave) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 130 / 174 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:November 8, 2016 Subject:Approving Bid Award for Sanitary Sewer District No. 538T, Ext of Sanitary Sewer to Serve Lot One (1) Jack Voss Horse Country Club Third Subdivision, Lot One (1) Miracle Valley Second Subdivision, and Part of the W 1/2 SW 1/4 of Misc Tracts 2-11-10 (W of Engleman Rd, N of Michigan Ave) Presenter(s):John Collins PE, Public Works Director Background On October 10, 2016 the Engineering Division of the Public Works Department advertised for bids for Sanitary Sewer District No. 538T. The solicitation was sent to eighteen (18) potential bidders. This tap district will serve three (3) lots, with the potential to serve more lots upon the development of Jack Voss Horse Country Club 3rd Subdivision. The area is presently served with both water and electric. Discussion Five (5) bids were received and opened on October 21, 2016. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Van Kirk Bros. Contracting of Sutton, NE None $59,610.00 The Diamond Engineering Co. of Grand Island, NE None $66,430.00 General Excavating of Lincoln, NE None $95,920.00 Myers Construction, Inc. of Broken Bow, NE None $98,652.00 Starostka Group Unlimited of Grand Island, NE None $105,146.65 Funds are available in Account No. 53030055-85213. Grand Island Council Session - 11/8/2016 Page 131 / 174 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award to Van Kirk Bros. Contracting of Sutton, Nebraska in the amount of $59,610.00. Sample Motion Move to approve the bid award. Grand Island Council Session - 11/8/2016 Page 132 / 174 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 21, 2016 at 2:00 p.m. FOR:Sanitary Sewer Districts 538T and 539 DEPARTMENT:Public Works ESTIMATE:$100,000.00 FUND/ACCOUNT:53030055-85213 PUBLICATION DATE:October 10, 2016 NO. POTENTIAL BIDDERS:14 SUMMARY Bidder:Starostka Group Unlimited Van Kirk Bros. Contracting Grand Island, NE Sutton, NE Bid Security:Western Surety Co.Universal Surety Co. Exceptions:None None Bid Price:$87,146.65 $41,610.00 Dewatering:$18,000.00 $18,000.00 Total:$105,146.65 $59,610.00 Bidder:Myers Construction, Inc.The Diamond Engineering Co. Broken Bow, NE Grand Island, NE Bid Security:Merchants Bonding Co.Universal Surety Co. Exceptions:None None Bid Price:$80,652.00 $48,430.00 Dewatering:$18,000.00 $18,000.00 Total:$98,652.00 $66,430.00 Grand Island Council Session - 11/8/2016 Page 133 / 174 Bidder:General Excavating Lincoln, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price:$77,920.00 Dewatering:$18,000.00 Total:$95,920.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Tara Ogren, WW Project Manager P1906 Grand Island Council Session - 11/8/2016 Page 134 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-279 WHEREAS, the City of Grand Island invited sealed bids for Sanitary Sewer District No. 538T, according to plans and specifications on file with the Public Works Department; and WHEREAS, on October 21, 2016 bids were received, opened, and reviewed; and WHEREAS, Van Kirk Bros. Contracting of Sutton, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $59,610.00; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Van Kirk Bros. Contracting of Sutton, Nebraska in the amount of $59,610.00 for Sanitary Sewer District No. 538T is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 135 / 174 5#0+6#4;5'9'46#2&+564+%66':*+$+6#.')'0&Grand IslandCouncil Session - 11/8/2016Page 136 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-17 #2016-280 - Approving Acquisition of Ingress/Egress Easements Located at 602 & 804 W Stolley Park Road (Grand Island Public Schools) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 137 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-280 WHEREAS, ingress/egress easements are required by the City of Grand Island, from Grand Island Public School Systems aka Grand Island School District No. 2, for public access to the property at 602 & 804 W Stolley Park Road; and WHEREAS, a public hearing was held on November 8, 2016, for the purpose of discussing the proposed acquisition of an ingress/egress easements described as follows: A TRACT OF LAND DEDICATED FOR ACCESS EASEMENT PURPOSES IN PART OF LOT ONE (1), GRAND ISLAND PUBLIC SCHOOLS SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT ONE (1); THENCE S01o06’49”E ON THE EAST LINE OF SAID LOT ONE (1) A DISTANCE OF 1282.33 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE CONTINUING S01o06’49”E ON THE EAST LINE OF SAID LOT ONE (1) A DISTANCE OF 210.01 FEET; THENCE N34o19’31”W A DISTANCE OF 94.72 FEET; THENCE N01o06’49”W PARALLEL WITH THE EAST LINE OF SAID LOT ONE (1) A DISTANCE OF 83.41 FEET; THENCE N46o30’01”E A DISTANCE OF 70.24 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 0.17 ACRES MORE OR LESS. AND A TRACT OF LAND DEDICATED FOR ACCESS EASEMENT PURPOSES IN PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW ¼, SE ¼) OF SECTION TWENTY- ONE (21), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT ONE (1) NOTTINGHAM ESTATES TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; SAID POINT BEING THE ACTUAL POINT OF BEGINNING; THENCE S37o31’19”E ON AN ASSUMED BEARING A DISTANCE OF 97.63 FEET; THENCE S01o07’16”E A DISTANCE OF 78.13 FEET; THENCE S30o46’09W A DISTANCE OF 125.70 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ADAMS STREET; THENCE N01o07’16”W ON SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 263.53 FEET; THENCE N89o28’21”E ON SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 0.27 ACRES MORE OR LESS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire ingress/egress easements from Grand Island Public Schools aka Grand Island School District 2, on the above-described lots of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 138 / 174 Grand Island Council Session - 11/8/2016 Page 139 / 174 Grand Island Council Session - 11/8/2016 Page 140 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-18 #2016-281 - Approving Acquisition of Public Utility Easements at the Intersection of Adams Street and Stolley Park Road (Grand Island Public Schools, Krauss, Olson & Street) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 141 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-281 WHEREAS, public utility easements are required by the City of Grand Island, from the property owners adjacent to the Adams Street and Stolley Park Road intersection for installation of a traffic signal at such intersection; and WHEREAS, a public hearing was held November 8, 2016 for the purpose of discussing the acquisition of the proposed public utility easements, as follows: Grand Island Public Schools aka Hall County School District 2 – COMMENCING AT THE SOUTHEAST CORNER OF LOT ONE (1); SAID POINT BEING THE ACTUAL POINT OF BEGINNING; THENCE WESTERLY ON THE SOUTH LINE OF SAID LOT ONE (1) A DISTANCE OF 35.00 FEET; THENCE NORTHERLY AND PARALLEL TO THE EAST LINE OF SAID LOT ONE (1) A DISTANCE OF 50.00 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF SAID LOT ONE (1) A DISTANCE OF 35.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT ONE (1); THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT ONE (1) A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1750.0905 SQUARE FEET, MORE OR LESS. AND Donald E Krauss and Constance L Krauss – COMMENCING AT THE NORTHWEST CORNER OF SAID LOT NINE (9); THENCE EASTERLY ON THE NORTH LINE OF SAID LOT NINE (9) A DISTANCE OF 68.32 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ADAMS STREET AS RECORDED IN INSTRUMENT NO. 78001284 IN THE HALL COUNTY REGISTER OF DEEDS OFFICE; SAID POINT BEING THE ACTUAL POINT OF BEGINNING; THENCE SOUTHEASTERLY ON SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 12.69 FEET TO A POINT ON THE EAST LINE OF SAID LOT NINE (9); THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT NINE (9) A DISTANCE OF 6.64 FEET; THENCE NORTHWESTERLY AND PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF ADAMS STREET A DISTANCE OF 21.03 FEET TO A POINT ON THE NORTH LINE OF SAID LOT NINE (9); THENCE EASTERLY ON THE NORTH LINE OF SAID LOT NINE (9) A DISTANCE OF 5.03 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 67.4382 SQUARE FEET, MORE OR LESS. AND Peter Andrew Olson – COMMENCING AT THE NORTHEAST CORNER OF SAID LOT EIGHT (8); THENCE WESTERLY ON THE NORTH LINE OF SAID LOT EIGHT (8) A DISTANCE OF 68.32 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF ADAMS STREET AS RECORDDED IN INSTRUMENT NO. 78000560 IN THE HALL COUNTY REGISTER OF DEEDS OFFICE; SAID POINT BEING THE ACTUAL POINT OF BEGINNING; THENCE SOUTHWESTERLY ON SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 12.69 FEET TO A POINT ON THE WEST LINE OF SAID LOT EIGHT (8); THENCE SOUTHERLY ON THE WEST LINE OF SAID LOT EIGHT (8) A DISTANCE OF 3.29 FEET; THENCE NORTHEASTERLY PARALLEL WITH THE EASTERLY RIGHT OF WAY LINE OF ADAMS STREET A DISTANCE OF 16.82 FEET TO A POINT ON THE NORTH LINE OF SAID LOT EIGHT (8); THENCE WESTERLY ON THE NORTH LINE OF SAID LOT EIGHT (8) A DISTANCE OF 2.51 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 29.5091 SQUARE FEET MORE OR LESS. AND Grand Island Council Session - 11/8/2016 Page 142 / 174 - 2 - John T. Street and Colleen K. Street – COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT ONE (1); THENCE WESTERLY ON THE SOUTH LINE OF SAID LOT ONE (1) A DISTANCE OF 165.92 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF ADAMS STREET AS RECORDED IN INSTRUMENT NO. 78000994 IN THE HALL COUNTY REGISTER OF DEEDS OFFICE; SAID POINT BEING THE ACTUAL POINT OF BEGINNING; THENCE NORTHWESTERLY ON SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 20.14 FEET TO A POINT ON THE WEST LINE OF SAID LOT ONE (1); THENCE NORTHERLY ON THE WEST LINE OF SAID LOT ONE (1) A DISTANCE OF 5.37 FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE EASTERLY RIGHT OF WAY LINE OF ADAMS STREET A DISTANCE OF 26.56 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT ONE (1); THENCE WESTERLY ON THE SOUTH LINE OF SAID LOT ONE (1) A DISTANCE OF 3.65 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 69.8757 SQUARE FEET MORE OR LESS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire public utility easements as described on attached exhibits hereto, to allow for installation of a traffic signal at the intersection of Adams Street and Stolley Park Road. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 143 / 174 Grand Island Council Session - 11/8/2016 Page 144 / 174 Grand Island Council Session - 11/8/2016 Page 145 / 174 Grand Island Council Session - 11/8/2016 Page 146 / 174 Grand Island Council Session - 11/8/2016 Page 147 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-19 #2016-282 - Approving Certificate of Final Completion for Sanitary Sewer District No. 528 and 530T Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 148 / 174 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:November 8, 2016 Subject:Approving Certificate of Final Completion for Sanitary Sewer District No. 528 and 530T Presenter(s):John Collins PE, Public Works Director Background On June 10, 2014, by Resolution No. 2014-163, Van Kirk Brothers Contracting of Sutton, Nebraska was awarded a contract for Sanitary Sewer District No. 528 and 530T in the amount of $3,374,118.70. On February 10, 2015, by Resolution No. 2015-38 City Council approved Change Order No. 1, which allowed for additional work days on both Sanitary Sewer District No. 528 & 530T due to inclement weather, problems with dewatering, and subcontractor construction issues that hindered the ability to reach the original contract deadline. Change Order No. 1 was at no monetary cost to the City. On March 24, 2015, by Resolution No. 2015-75 City Council approved Change Order No. 2 which authorized two (2) locations; Guenther Road and 1,000 feet south of Guenther Road, to change from direct borings to open cuts at each location. This change resulted in a net credit of $47,507.46, for a revised contact amount of $3,326,611.24. On June 9, 2016, by Resolution No. 2015-145 City Council approved Change Order No. 3 which allowed for additional work days for Sanitary Sewer District No. 530T, and was no additional monetary cost to the City. On March 8, 2016, by Resolution No. 2016-48 City Council approved Change Order No. 4 to consolidate final quantities and extra items encountered during the construction projects. This change order resulted in an overall increase of $124,202.98, for a revised total contract amount of $3,450,814.22. This project extended sanitary sewer to Wildwood Subdivision, as well as south along US Highway 281 to Interstate 80. Work on the project commenced July 2014, with substantial completion recognized July 27, 2015 and August 12, 2015 for Sanitary Sewer District No. 528 and 530T respectively. Final completion was established July 2016. Grand Island Council Session - 11/8/2016 Page 149 / 174 Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Construction work for both Sanitary Sewer District No. 528 and 530T was completed at a total cost of $3,450,814.22. Additional project costs are shown below. ADDITIONAL PROJECT COSTS – Sanitary Sewer District No. 528 Olsson & Associates Preliminary & Construction Engineering $ 106,578.78 City of Grand Island Public Works Engineering Preliminary & Construction Engineering $ 65,000.00 The Grand Island Independent Advertising $ 117.10 Hall County Register of Deeds Filing Fees $ 28.00 Bank of America Miscellaneous Project Costs (rentals)$ 2,344.97 John Hinkle Landscaping Restoration $ 451.00 Rick Johnson Sod $ 10.12 Subtotal Additional Project Costs = $ 174,529.97 ADDITIONAL PROJECT COSTS – Sanitary Sewer District No. 530T Olsson & Associates Preliminary & Construction Engineering $ 201,240.49 City of Grand Island Public Works Engineering Preliminary & Construction Engineering $ 55,000.00 The Grand Island Independent Advertising $ 151.62 Hall County Register of Deeds Filing Fees $ 210.00 Kirby Smith Easements $ 7,430.00 Karen Diane Bockmann Easements $ 26,811.65 Bosselman Pump & Pantry Easements $ 200,000.00 Lawney Rathman Easements $ 47,342.00 Subtotal Additional Project Costs = $ 538,185.76 Total project costs, for both sanitary sewer districts, equate to $4,163,529.95, of which all or a portion of will be assessed to the affected property owners, within each separate district, at the Board of Equalization on December 13, 2016. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Sanitary Sewer District No. 528 and 530T and set the Board of Equalization date of December 13, 2016. Sample Motion Move to approve the Certificate of Final Completion for Sanitary Sewer District No. 528 and 530T and set the Board of Equalization date of December 13, 2016. Grand Island Council Session - 11/8/2016 Page 150 / 174 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sanitary Sewer District No. 528 Sanitary Sewer District No. 530T CITY OF GRAND ISLAND, NEBRASKA November 8, 2016 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Sanitary Sewer District No. 528 & 530T have been fully completed by Van Kirk Brothers Contractors of Sutton, Nebraska under the contract dated June 10, 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. Sanitary Sewer District No. 528 & 530T Item No.Description Total Quantity Unit Unit Price Total Cost Sanitary Sewer District No. 528 C1.01 24" Sanitary Sewer Main $ 2,977.00 LF $ 60.00 $ 178,620.00 C1.02 15" Sanitary Sewer Main $ 100.00 LF $ 42.00 $ 4,200.00 C1.03 12" PVC Sanitary Sewer Main $ 15.00 LF $ 50.00 $ 750.00 C1.04 10" PVC Sanitary Sewer Main $ 1,511.00 LF $ 50.00 $ 75,550.00 C1.05 24" Sanitary Sewer Main Cap $ - EA $ 600.00 $ - C1.06 15" Sanitary Sewer Main Cap $ 1.00 EA $ 360.00 $ 360.00 C1.07 12" Sanitary Sewer Main Cap $ 1.00 EA $ 300.00 $ 300.00 C1.08 48" Dia. Precast Manhole - Type 2 (5' Depth) $ 12.00 EA $ 3,800.00 $ 45,600.00 C1.09 Additional Manhole Depth, Type 2 $ 116.60 VF $ 318.00 $ 37,078.80 C1.10 6" PVC Sanitary Sewer Service $ 814.00 LF $ 30.00 $ 24,420.00 C1.11 6" PVC Sanitary Sewer Service - Casing Per Detail $ - LF $ 47.00 $ - C1.12 6" PVC Sanitary Sewer Service Inserta Tee $ 6.00 EA $ 350.00 $ 2,100.00 C1.13 10" x 6" PVC Sanitary Service Tee $ 21.00 EA $ 215.00 $ 4,515.00 C1.14 6" Service Cap $ 27.00 EA $ 25.00 $ 675.00 C1.15 Dry Bore and Install 36" Encasement $ 425.00 LF $ 663.00 $ 281,775.00 C1.16 Remove Existing 15" Sanitary Sewer Cap $ 1.00 EA $ 350.00 $ 350.00 C1.17 Remove Asphalt Paving $ 7,946.00 SY $ 4.00 $ 31,784.00 C1.18 Remove Asphalt Driveway $ 632.00 SY $ 5.00 $ 3,160.00 C1.19 Temporary Access to Properties $ 1.00 LS $ 20,000.00 $ 20,000.00 C1.20 Remove Concrete Driveway $ 482.00 SY $ 6.00 $ 2,892.00 C1.21 Remove Landscaping $ 1.00 LS $ 3,500.00 $ 3,500.00 C1.22 Remove, Salvage, and Reuse 18" R.C. Pipe $ - LF $ 30.00 $ - C1.23 Remove, Salvage, and Reuse 15" R.C. Pipe $ - LF $ 25.00 $ - C1.24 Remove, Salvage, and Reuse 12" R.C. Pipe $ - LF $ 20.00 $ - C1.25 Remove, Salvage, and Ruse 18" Flared End Section $ - EA $ 150.00 $ - C1.26 Remove, Salvage, and Reuse 12" R.C. Flared End Section $ - EA $ 125.00 $ - C1.27 Remove 36" Arch Corrugated Metal Pipe $ 40.00 LF $ 15.00 $ 600.00 C1.28 Remove 24" Corrugated Metal Pipe $ 48.00 LF $ 10.00 $ 480.00 C1.29 Remove 18" Corrugated Metal Pipe $ 89.00 LF $ 10.00 $ 890.00 Grand Island Council Session - 11/8/2016 Page 151 / 174 C1.30 Remove 12" Corrugated Metal Pipe $ 174.00 LF $ 10.00 $ 1,740.00 C1.31 Remove 12" PVC Pipe $ 60.00 LF $ 10.00 $ 600.00 C1.32 8" P.C. Concrete Paving $ 7,355.00 SY $ 45.00 $ 330,975.00 C1.33 6" P.C. Concrete Paving $ 1,506.03 SY $ 41.00 $ 61,747.23 C1.34 3" Gravel Driveway $ - SY $ 3.25 $ - C1.35 24" Round Equivalent R.C. Storm Sewer Pipe $ 80.00 LF $ 80.00 $ 6,400.00 C1.36 18" Round Equivalent R.C. Storm Sewer Pipe $ 32.00 LF $ 74.00 $ 2,368.00 C1.37 24" R.C. Storm Sewer Pipe $ 80.00 LF $ 60.00 $ 4,800.00 C1.38 18" R.C. Storm Sewer Pipe $ 542.00 LF $ 52.00 $ 28,184.00 C1.39 15" R.C. Storm Sewer Pipe $ 377.00 LF $ 40.00 $ 15,080.00 C1.40 24" R.E. R.C. Flared End Section $ 4.00 EA $ 900.00 $ 3,600.00 C1.41 18" R.E. R.C. Flared End Section $ 2.00 EA $ 680.00 $ 1,360.00 C1.42 24" R.C. Flared End Section $ 2.00 EA $ 885.00 $ 1,770.00 C1.43 18" R.C. Flared End Section $ 10.00 EA $ 750.00 $ 7,500.00 C1.44 15" R.C. Flared End Section $ 10.00 EA $ 720.00 $ 7,200.00 C1.45 12" R.C. Flared End Section $ 8.00 EA $ 600.00 $ 4,800.00 C1.46 Adjust Manhole to Grade $ 7.00 EA $ 250.00 $ 1,750.00 C1.47 Concrete Header $ 24.00 LF $ 30.00 $ 720.00 C1.48 Seeding, Agricultural Areas $ 2.00 AC $ 1,800.00 $ 3,600.00 C1.49 Seeding, Unimproved Areas $ 2.49 AC $ 1,800.00 $ 4,482.00 C1.50 Seeding, Improved Areas $ 0.50 AC $ 1,800.00 $ 900.00 C1.51 Over-Excavation $ - CY $ 1.00 $ - C1.52 Dewatering $ 4,603.00 LF $ 76.00 $ 349,828.00 C1.53 Traffic Control $ 1.00 LS $ 5,000.00 $ 5,000.00 C1.54 Mobilization/Demobilization $ 1.00 LS $ 43,000.00 $ 43,000.00 C1.55 Sediment and Erosion Control $ 1.00 LS $ 10,000.00 $ 10,000.00 Subtotal Sanitary Sewer District No. 528 = $ 1,617,004.03 Alternate Bid No. 1 Sanitary Sewer District No. 528 C1.56 Cold Mill and Remove Asphalt Paving and Salvage to City $ - SY $ 7,146.00 $ - C1.57 Cold Mill and Remove Asphalt Driveway and Salvage to City $ - SY $ 580.00 $ - Alternate Bid No. 1 Sanitary Sewer District No. 528 $ - Sanitary Sewer District No. 528 Change Order No. 1 - Time Extension $ - n/a $ - $ - Sanitary Sewer District No. 528 Change Order No. 2 - See Santiary Sewer District No. 530T $ - n/a $ - Sanitary Sewer District No. 528 Change Order No. 3 - Time Extension $ - n/a $ - $ - Grand Island Council Session - 11/8/2016 Page 152 / 174 Sanitary Sewer District No. 528 Change Order No. 4 CO4-1 Additional Staking at Nebraska Truck Service $ 1.00 LS $ 8,472.63 $ 8,472.63 CO4-2 Restock 24" Sanitite Cap $ 1.00 LS $ 100.74 $ 100.74 CO4-3 Additional Driveway for Island Towing $ 1.00 LS $ 2,318.40 $ 2,318.40 CO4-4 Temporary Fence and Gates at Bauer Built Tires, Nebraska Truck Center & Island Towing $ 1.00 LS $ 3,506.04 $ 3,506.04 CO4-5 Remove 18" R.C. Pipe $ 480.00 LF $ 18.00 $ 8,640.00 CO4-6 Remove 15" R.C. Pipe $ 140.00 LF $ 15.00 $ 2,100.00 CO4-7 Remove 12" R.C. Pipe $ 240.00 LF $ 13.00 $ 3,120.00 CO4-8 Remove 18" F.E.S. $ 100.00 EA $ 2.00 $ 200.00 CO4-9 Remove 12" R.C. F.E.S. $ 100.00 EA $ 2.00 $ 200.00 CO4-10 Millings Various Locations $ 1.00 LS $ 10,726.35 $ 10,726.35 CO4-11 Crushed Rock and Millings at GI Trailers $ 1.00 LS $ 6,193.24 $ 6,193.24 CO4-12 12" R.C. Storm Sewer Pipe $ 1.00 LS $ 6,384.00 $ 6,384.00 CO4-12 Area Inlet at High-Tech Diesel $ 3,250.00 LS $ 1.00 $ 3,250.00 CO4-13 Erosion & Control Mat $ 13,942.30 LS $ 1.00 $ 13,942.30 Subtotal Change Order No. 4 = $ 69,153.70 GRAND TOTAL SANITARY SEWER DISTRICT NO. 528 = $1,686,157.73 Sanitary Sewer District No. 530T C2.01 Mobilization/Demobilization $ 1.00 LS $ 43,000.00 $ 43,000.00 C2.02 Dewatering $ 9,769.00 LF $ 76.00 $ 742,444.00 C2.03 Clearing & Grubbing $ 1.00 LS $ 8,500.00 $ 8,500.00 C2.04 24" Sanitary Sewer Line, SDR 26 $ 3,952.50 LF $ 48.00 $ 189,720.00 C2.05 18" Sanitary Sewer Line, SDR 26 $ 5,392.00 LF $ 43.00 $ 231,856.00 C2.06 15" Sanitary Sewer Line, SDR 26 $ 5.00 LF $ 65.00 $ 325.00 C2.07 12" PVC Sanitary Sewer Line, SDR 26 $ 320.00 LF $ 30.00 $ 9,600.00 C2.08 Jack and Bore 26" x 0.563" W.T. Steel Casing $ 66.00 LF $ 656.00 $ 43,296.00 C2.09 Jack and Bore 30" x 0.500" W.T. Steel Casing $ 230.00 LF $ 631.00 $ 145,130.00 C2.10 Jack and Bore 24" x 0.438" W.T. Steel Casing $ 212.00 LF $ 442.00 $ 93,704.00 C2.11 48" Dia. Precast Manhole - Type 2 (5' Depth) $ 27.00 EA $ 3,800.00 $ 102,600.00 C2.12 48" Dia. Precast Drop Manhole - Type 3 $ 1.00 EA $ 4,900.00 $ 4,900.00 C2.13 Additional Manhole Depth, Type 2 $ 199.30 VF $ 318.00 $ 63,377.40 C2.14 Install 15" Sewer Pipe Plug $ 1.00 EA $ 360.00 $ 360.00 C2.15 Install 23" Sewer Pipe Plug $ 4.00 EA $ 300.00 $ 1,200.00 C2.16 6" Sewer Service Connection $ 5.00 EA $ 765.14 $ 3,825.70 C2.17 Remove and Replace Barb Wire Fence $ 5,757.00 LF $ 4.30 $ 24,755.10 C2.18 Remove Tree (›6" in Dia.) $ 1.00 EA $ 400.00 $ 400.00 C2.19 Gravel Surfacing $ 160.53 TN $ 19.00 $ 3,050.07 C2.20 Seeding, Unimproved Areas $ 7.80 AC $ 1,850.00 $ 14,430.00 C2.21 Sediment and Erosion Control $ 1.00 LS $ 25,000.00 $ 25,000.00 C2.22 Traffic Control $ 1.00 LS $ 4,300.00 $ 4,300.00 C2.23 48" Dia. Precast Manhole - Type 3 $ 2.00 EA $ 3,800.00 $ 7,600.00 C2.24 Additional Manhole Depth, Type 3 $ 22.27 VF $ 318.00 $ 7,081.86 Subtotal Sanitary Sewer District No. 530T = $1,770,455.13 Grand Island Council Session - 11/8/2016 Page 153 / 174 Sanitary Sewer District No. 528 Change Order No. 1 - Time Extension $ 0 Sanitary Sewer District No. 530T Change Order No. 2 CO2-1 Guenther Road Additions - Remove Concrete Pavement change quantity to 80 $ - CO2-2 Guenther Road Additions - Replace 9" Concrete Pavement change quantity to 80 $ - CO2-3 Guenther Road Additions - Subgrade Prep change quantity to 80 $ - CO2-4 Guenther Road Additions - Remove & Reset 48" RCP, remove line item $ - CO2-5 Guenther Road Additions - Wells Drill that would not be needed remove line item $ - CO2-6 Sign Bore Additions - 48" Manhole Sta. 63+25, change quantity, no change in total price $ - CO2-7 Sign Bore Additions - 48" Manhole Sta. 64+53, change quantity, no change in total price $ - CO2-8 Guenther Road Deletion - Jack & Bore 36" x 0.563"WT Steel Casing in lieu of open trenching sewer main $ - CO2-9 Sign Bore Deletion - Jack & Bore 30" x 500" WT Steel Casing in lieu of open trenching sewer main LUMP SUMP CHANGE ORDER $ - Subtotal Change Order No. 2 = $ (47,507.46) Sanitary Sewer District No. 528 Change Order No. 3 - Time Extension $ 0 Sanitary Sewer District No. 530T Change Order No. 4 CO4-1 Downtime for Potential Contamination $ 1.00 LS $ 15,872.14 $ 15,872.14 CO4-2 Rock Bedding Due to Clay Liner $ 1.00 LS $ 11,795.00 $ 11,795.00 CO4-3 Re-stock Charge (ended 200' short) $ 1.00 LS $ 662.17 $ 662.17 CO4-4 Break-through of Concrete Foundation $ 1.00 LS $ 7,459.19 $ 7,459.19 CO4-5 Modification of Manhole and Forcemain Tie-In $ 1.00 LS $ 4,907.88 $ 4,907.88 CO4-6 Added Gates and Barbed Wire Fence at Bockmann Property $ 1.00 LS $ 1,012.44 $ 1,012.44 Subtotal Change Order No. 4 = $ 41,708.82 GRAND TOTAL SANITARY SEWER DISTRICT NO. 530T = $ 1,764,656.49 Grand Total Sanitary Sewer District No. 528 & 530T = $ 3,450,814.22 Item Grand Island Council Session - 11/8/2016 Page 154 / 174 ADDITIONAL PROJECT COSTS – Sanitary Sewer District No. 528 Olsson & Associates Preliminary & Construction Engineering $ 106,578.78 City of Grand Island Public Works Engineering Preliminary & Construction Engineering $ 65,000.00 The Grand Island Independent Advertising $ 117.10 Hall County Register of Deeds Filing Fees $ 28.00 Bank of America Miscellaneous Project Costs (rentals)$ 2,344.97 John Hinkle Landscaping Restoration $ 451.00 Rick Johnson Sod $ 10.12 Subtotal Additional Project Costs = $ 174,529.97 ADDITI ADDITIONAL PROJECT COSTS – Sanitary Sewer District No. 530T Olsson & Associates Preliminary & Construction Engineering $ 201,240.49 City of Grand Island Public Works Engineering Preliminary & Construction Engineering $ 55,000.00 The Grand Island Independent Advertising $ 151.62 Hall County Register of Deeds Filing Fees $ 210.00 Kirby Smith Easements $ 7,430.00 Karen Diane Bockmann Easements $ 26,811.65 Bosselman Pump & Pantry Easements $ 200,000.00 Lawney Rathman Easements $ 47,342.00 Subtotal Additional Project Costs = $ 538,185.76 Sanitary Sewer District No. 528 Total Costs - $1,860,687.70 Sanitary Sewer District No. 530T Total Costs - $2,302,842.25 Total Costs Sanitary Sewer District No. 528 & 530T - $4,163,529.95 I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer District No. 528 & 530T be approved. _______________________________________________________________________________ John Collins, PE - City Engineer/Public Works Director Jeremy L. Jensen – Mayor Grand Island Council Session - 11/8/2016 Page 155 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-282 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Sanitary Sewer District No. 528 and 530T, certifying that Van Kirk Brothers Contractors of Sutton, Nebraska, under contract, has completed such sanitary sewer districts; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the both sanitary sewer districts; 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: 1.The Certificate of Final Completion for Sanitary Sewer District No. 528 in the total amount of $1,860,687.70 and Sanitary Sewer District No. 530T in the total amount of $2,302,842.25 is hereby confirmed. 2.The City Council will sit as the Board of Equalization on December 13, 2016 to determine benefits and set assessments for both Sanitary Sewer District No. 528 and 530T. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 156 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-20 #2016-283 - Approving Amendment to Library Personnel FTE Budget Allocation Staff Contact: Steve Fosselman Grand Island Council Session - 11/8/2016 Page 157 / 174 Council Agenda Memo From:Grand Island Public Library Board Meeting:November 8, 2016 Subject:Approving Amendment to Library Personnel FTE Budget Allocation Presenter(s):Steve Fosselman, Library Director Background Librarian Kathleen Nonneman will be retiring this December and so the Grand Island Public Library has undertaken a review of the best means to fill this opening. The library has concluded that filling within the Library Assistant I & II line of the Library Personnel FTE Budget Allocation will be more cost-effective, better suits library service needs at this time, and provides adequate continuity of service. This change doesn’t increase the library’s total FTE’s, but since the City Council-approved budget authorizes allocations for various library personnel classifications, an amendment to the Library Personnel FTE Budget Allocation is necessary. Discussion This changes the Library Personnel FTE Budget Allocation as follows: Personnel Classification Budgeted Revised Net Change Librarian I & II 3.0 FTE 2.0 FTE - 1.00 FTE Library Assistant I & II 15.0 FTE 16.0 FTE + 1.00 FTE Budget saving by this action is estimated at least $18,000. 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 - 11/8/2016 Page 158 / 174 Recommendation City Administration recommends that the Council approve this amendment to the Library Personnel FTE Budget Allocation. Sample Motion Move to approve this amendment to the Library Personnel FTE Budget Allocation. Grand Island Council Session - 11/8/2016 Page 159 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-283 WHEREAS, the Grand Island Public Library has undertaken a review of the best means to fill an employment opening due to the retirement of a Librarian I and has concluded that hiring within the Library Assistant I/II line of the Library Personnel FTE Budget Allocation will be more cost-effective, better suits library service needs at this time and provides adequate continuity of service; and WHEREAS, this change doesn’t increase the library’s total FTE’s, but involves changes to classification allocations within the library’s FTE budget; and WHEREAS, the City Council-approved budget authorizes allocations for various library personnel classifications; and WHEREAS, an amendment to the Library Personnel FTE Budget Allocation is necessary to allow for a net reduction of 1.00 FTE in the Librarian I and II classifications and a net increase of 1.00 FTE in the Library Assistant I and II classifications. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Council approves this amendment to the Library Personnel FTE Budget Allocation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 160 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item G-21 #2016-284 - Approving Purchase of 2017 Police Fleet Vehicle Staff Contact: Robert Falldorf, Police Chief Grand Island Council Session - 11/8/2016 Page 161 / 174 Council Agenda Memo From:Robert Falldorf, Police Chief Meeting:November 8, 2016 Subject:2017 Police Fleet Vehicle Purchase Presenter(s):Robert Falldorf, Police Chief Background The Police Department has $133,000 budgeted in Capital expenditures for the purchase of five (5), vehicles. Four (4) of these vehicles for the Patrol fleet were already approved for purchase at the 10-25-16 City Council meeting from Anderson Ford Group for a total of $113,736. The state contract just came out for this request to purchase our fifth vehicle, a 2017 Chevrolet Impala from Sid Dillon Chevrolet of Wahoo, Nebraska for $20,433. This vehicle will be added to our fleet as an unmarked vehicle for use in our Criminal Investigation Division. Discussion The Police Department has $133,000 budgeted in Capital Outlay for the purchase of five (5) fleet vehicles in the FY 2017 budget. Approval was already authorized at the 10-25- 16 City Council meeting to purchase four (4) of the five (5) fleet vehicles from the State of Nebraska contract for a total of $113,736. This would leave $19,264 in the Capital Outlay Vehicle line item to apply toward the purchase of our fifth vehicle. The State of Nebraska contract, 14632 (OC), just came out for the purchase request of our fifth vehicle, a 2017 Chevrolet Impala from Sid Dillon Chevrolet of Wahoo, Nebraska for the amount of $20,433. In consideration for the approval for purchase of this fifth vehicle, this would place us $1,169 short in our Capital Outlay Vehicle line item to make this purchase. It is the intent of the Police Department to still seek approval for this purchase, knowing that we will have more than enough excess budget authority from unspent money in other line items when considering our total budget at the end of FY 2017. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 11/8/2016 Page 162 / 174 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of One (1) 2017 Chevrolet Impala vehicle at the cost of $20,433 under State contract from Sid Dillon Chevrolet, Wahoo, Nebraska. Sample Motion Move to purchase One (1) 2017 Chevrolet Impala vehicle at the cost of $20,433 under State contract from Sid Dillon Chevrolet, Wahoo, Nebraska. Grand Island Council Session - 11/8/2016 Page 163 / 174 Grand Island Council Session - 11/8/2016 Page 164 / 174 Grand Island Council Session - 11/8/2016 Page 165 / 174 Grand Island Council Session - 11/8/2016 Page 166 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-284 WHEREAS, the City has budgeted $133,000 for the purchase of five, 5, Police Department fleet vehicles; and WHEREAS, the State of Nebraska has released the State contracts for vehicle purchases which include the one (1) vehicle the Police Department wants to purchase under State Contract 14632 (OC); and WHEREAS, the Police Department wishes to purchase one (1) 2017 Chevrolet Impala for a total of $20,433 under State Contract from Sid Dillon Chevrolet, Wahoo, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) 2017 Chevrolet Impala for a total of $20,433 under State Contract from Sid Dillon Chevrolet, Wahoo, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 167 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item I-1 #2016-285 - Consideration of Approving Agreement with Nebraska Department of Roads (NDOR) for Improving US Highway 281 in Grand Island Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 11/8/2016 Page 168 / 174 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:November 8, 2016 Subject:Approving Agreement with Nebraska Department of Roads (NDOR) for Improving US Highway 281 in Grand Island Presenter(s):John Collins PE, Public Works Director Background The Nebraska Department of Roads (NDOR) is preparing plans for improvements to US Highway 281 from south of US Highway 30 north to Chapman Road, with the City cost sharing on the portion within City limits. All agreements must be approved by the City Council. Discussion The improvements to US Highway 281 consist of the following: Resurfacing Concrete pavement removal, reconstruction, and repairs Lighting Sidewalk & curb ramps Curb & gutter Storm sewer Adjusting manholes Guardrail Trench widening Crack & joint sealing, and fog sealing Granular subdraing Median surfacing Culverts Bridge dreck repairs, rail remodeling, joint repairs, deck resurfacing, and pier sealing Permanent pavement markings Grand Island Council Session - 11/8/2016 Page 169 / 174 The City of Grand Island has requested that the State include the following work in the project, as stated in the program agreement: Additional lighting on US Highway 281 Lighting and reconstruction of North Broadwell Avenue Increase left turn lane offsets on northbound US Highway 281 with the intersections of Old Potash Highway, Faidley Avenue, 13th Street, and State Street Increase left turn lane offsets on the southbound US Highway 281 with the intersection of Old Potash Highway The total cost of work within City limits is currently estimated to be $10,597,500 with the City’s share at $3,822,000.00. The actual cost is likely to be greater than the preliminary estimates as details of design are further developed. The agreement is attached for further review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Grand Island Council Session - 11/8/2016 Page 170 / 174 Approved as to Form ¤ ___________ November 4, 2016 ¤ City Attorney R E S O L U T I O N 2016-285 WHEREAS, the Nebraska Department of Roads is improving US Highway 281 from south of US Highway 30 north to Chapman Road, with the City cost sharing on the portion within City limits; and WHEREAS, such improvements shall consist of resurfacing; concrete pavement removal, reconstruction, and repairs; lighting; sidewalk & curb ramps; curb & gutter; storm sewer; adjusting manholes; guardrail; trench widening; crack & joint sealing, and fog sealing; granular subdraing; median surfacing; culverts; bridge dreck repairs, rail remodeling, joint repairs, deck resurfacing, and pier sealing; and permanent pavement markings; and WHEREAS, this project is to be constructed with a cost share from the City of Grand Island, currently estimated at $3,822,000.00; and WHEREAS, an agreement with the Nebraska Department of Roads is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Nebraska Department of Roads for the improvement to US Highway 281 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 11/8/2016 Page 171 / 174 BROADWELL AVE.STATE ST.CUSTER AVE.W CAPITAL AVE. W 13TH ST. W FAIDLEY AVE.N WEBB RD.O LD H IGH W AY 2W OLD POTASH HWY. 36 32 33 34 45 10 1 R R 3 2 281 281 R 9 WR 10 W T 12 NT 11 N281-2(127) IN GRAND ISLAND & NORTH DETOUR ROUTE PROJECT CONSTRUCTION LEGEND NOT FINAL - SUBJECT TO CHANGE PRELIMINARY PLAN E AIRPORT RD.ST. PAUL RD.N CUSTER AVE.W 2ND ST. HALL COUNTY C.N. 42690 NB HWY 281 CLOSUREEXHIBIT "B" SHEET 1 OF 2 EXHIBIT "B" Grand Island Council Session - 11/8/2016 Page 172 / 174 BROADWELL AVE.STATE ST.CUSTER AVE.W CAPITAL AVE. W 13TH ST. W FAIDLEY AVE.N WEBB RD.O LD H IGH W AY 2W OLD POTASH HWY. 36 32 33 34 45 10 1 R R 3 2 281 281 R 9 WR 10 W T 12 NT 11 N281-2(127) IN GRAND ISLAND & NORTH DETOUR ROUTE PROJECT CONSTRUCTION LEGEND NOT FINAL - SUBJECT TO CHANGE PRELIMINARY PLAN E AIRPORT RD.ST. PAUL RD.N CUSTER AVE.W 2ND ST. HALL COUNTY C.N. 42690 EXHIBIT "B" SHEET 2 OF 2SB HWY 281 CLOSUREExhibit "B" Grand Island Council Session - 11/8/2016 Page 173 / 174 City of Grand Island Tuesday, November 8, 2016 Council Session Item J-1 Approving Payment of Claims for the Period of October 26, 2016 through November 8, 2016 The Claims for the period of October 26, 2016 through November 8, 2016 for a total amount of $3,804,269.91. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 11/8/2016 Page 174 / 174