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01-10-2017 City Council Regular Meeting Packet City of Grand Island Tuesday, January 10, 2017 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 - 1/10/2017 Page 1 / 100 City of Grand Island Tuesday, January 10, 2017 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue 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 - 1/10/2017 Page 2 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item E-1 Public Hearing on Acquisition of Utility Easement - SW Corner of Schimmer Drive & Blaine Street - Hatchery Holdings, LLC Council action will take place under Consent Agenda item G-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/10/2017 Page 3 / 100 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:January 10, 2017 Subject:Acquisition of Utility Easement – SW Corner of Schimmer Drive and Blaine Street – Hatchery Holdings, LLC Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire a twenty (20.0) foot easement relative to the property of Hatchery Holdings, LLC, located through a part of the Northeast Quarter (NE ¼), Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska (the southwest corner of Schimmer Drive and Blaine Street), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The referenced property is being developed for a chicken hatchery. This easement will permit the Utilities Department to install the padmount transformer and high voltage power lines necessary to serve the facility. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 1/10/2017 Page 4 / 100 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 1/10/2017 Page 5 / 100 Grand Island Council Session - 1/10/2017 Page 6 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - Copper Creek Eighth Subdivision - The Guarantee Group, L.L.C. Council action will take place under Consent Agenda item G-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/10/2017 Page 7 / 100 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:January 10, 2017 Subject:Acquisition of Utility Easement – Copper Creek Eighth Subdivision – The Guarantee Group, L.L.C. Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of the Guarantee Group, L.L.C., through a part of Outlot “A” Copper Creek Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska (on the east side of Engleman Road and south of Old Potash Highway in Copper Creek Eighth Subdivision), in order to have access to install, upgrade, maintain, and repair water mains. Discussion The infrastructure for the Copper Creek Eighth Subdivision is currently being installed. As part of the work, a water main is being extended from Engleman Road, across Outlot “A”, to Little Bluestem Drive. The original plan had the water line bisecting the interior of the Outlot. However, due to design changes, the line was installed along the northern side of the tract. Upon final completion and acceptance of the project, the water line will be dedicated to the public. The proposed easement will permit the Utilities Department to operate and maintain the water main that will serve the area. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 1/10/2017 Page 8 / 100 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 1/10/2017 Page 9 / 100 Grand Island Council Session - 1/10/2017 Page 10 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item F-1 #9618 - Consideration of Vacation of Utility Easement and Right- of-Way in part of Outlot 'A' Copper Creek Eighth Subdivision Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/10/2017 Page 11 / 100 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:January 10, 2017 Subject:Ordinance #9618 – Vacation of Utility Easement – Part of Outlot ‘A’, Copper Creek Eighth Subdivision – The Guarantee Group, L.L.C. Presenter(s):Timothy Luchsinger, Utilities Director Background There is an existing twenty (20.0) foot wide easement that was dedicated for utility usage across part of Outlot ‘A’, Copper Creek Eighth Subdivision, in City of Grand Island, Hall County, Nebraska. Discussion The infrastructure for the Copper Creek Eighth Subdivision is currently being installed. As part of the work, a water main is being extended from Engleman Road, across Outlot ‘A’, to Little Bluestem Drive. The original plan had the water line bisecting the interior of the Outlot. However, due to design changes, the line was installed along the northern side of the tract. Due to these changes, the original utility easement needs to be vacated. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Ordinance #9618, and that the above described easement be vacated. Grand Island Council Session - 1/10/2017 Page 12 / 100 Sample Motion Move to approve Ordinance #9618, and vacate the utility easement and right-of-way in part of Outlot ‘A’, Copper Creek Eighth Subdivision, Grand Island, Hall County, Nebraska. Grand Island Council Session - 1/10/2017 Page 13 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney ORDINANCE NO. 9618 An ordinance to vacate an easement and right-of-way in part of Outlot ‘A’, Copper Creek Eighth Subdivision, Grand Island, Hall County, Nebraska, and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; and to provide for the publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the easement and right-of-way to be vacated being more particularly described as follows: Commencing at the northwest corner of Outlot ‘A’, Copper Creek Eighth Subdivision, Grand Island, Hall County, Nebraska; thence running southerly on the north line of said Outlot ‘A’ on an Assumed Bearing of S00°19’24”W, a distance of sixty two and seventy one hundredths (62.71) feet, to the ACTUAL Point of Beginning; thence running S89°10’14”E, a distance of three hundred thirteen and two hundredths (313.02) feet; thence running S26°44’25”W, a distance of ten and twenty eight hundredths (10.28) feet; thence running S63°15’35”E, a distance of twenty four and sixty hundredths (24.60) feet; thence running N89°10’14”W, a distance of three hundred thirty and forty eight hundredths (330.48) feet, to a point on the north line of said Outlot ‘A’; thence running N00°19’24”E, on the north line of said Outlot ‘A’, a distance of twenty (20.0) feet to the said Point of Beginning and containing 0.145 acres more or less. THIS SPACE RESERVED FOR REGISTER OF DEEDS Grand Island Council Session - 1/10/2017 Page 14 / 100 ORDINANCE NO. 9618 (Con’t) Such easement to be vacated as shown and particularly described on Exhibit “A” attached hereto dated 12/7/2016 and incorporated herein by reference. SECTION 2. The title to the property vacated by Section 1 of this Ordinance shall revert to the abutting properties. SECTION 3. This Ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and approval, and publication, without plat, within fifteen days, in one issue of the Grand Island Independent as by law provided. Enacted:January 10, 2017. ______________________________ Jeremy L. Jensen, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ January 4, 2017 ¤ City Attorney Approved as to Form ¤ ___________ January 4, 2017 ¤ City Attorney Grand Island Council Session - 1/10/2017 Page 15 / 100 Grand Island Council Session - 1/10/2017 Page 16 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-1 Approving Minutes of December 27, 2016 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 1/10/2017 Page 17 / 100 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 27, 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 December 27, 2016. Notice of the meeting was given in The Grand Island Independent on December 21, 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, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Christopher Rosenlund. INVOCATION was given by Pastor Dan Bremer, Grace Lutheran Church, 545 East Memorial Drive followed by the PLEDGE OF ALLEGIANCE. BOARD OF EQUALIZATION: Motion by Minton, second by Fitzke to adjourn to the Board of Equalization. Motion adopted. #2016-BE-7 - Consideration of Determining Benefits for Sanitary Sewer District No. 528. This item was pulled at the request of the Public Works Department. #2016-BE-8 - Consideration of Determining Benefits for Sanitary Sewer District No. 530T. Public Works Director John Collins reported that Sanitary Sewer District No. 530T was created to support the extension of sanitary sewer south along Highway 281 past Interstate 80. The construction had been completed and was done as a tap district. Staff recommended approval from Council to establish the tap connection fees for Sanitary Sewer District 530T. Motion by Donaldson, second by Paulick to approve Resolution #2016-BE-8. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Minton, second by Nickerson to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from Viaero Wireless for a Conditional Use Permit to allow for a 55’ Telecommunication Tower located at 2485 N. Diers Avenue. Reginal Planning Director Chad Nabity reported that a request had been received from Viaero Wireless for a conditional use permit to allow for a 55’ telecommunications tower located at 2485 N. Diers Avenue. Staff Grand Island Council Session - 1/10/2017 Page 18 / 100 Page 2, City Council Regular Meeting, December 27, 2016 recommended approval. Chris Riha representing Viaero Wireless spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement - 588 S. Stuhr Road - Hoppe Inc. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 588 S. Stuhr Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to install, operate, and maintain the high voltage power lines and transformer necessary to serve the area. Staff recommended approval. No public testimony was heard. Public Hearing on One & Six Year Street Improvement Plan. Public Works Director John Collins reported that the One & Six Year Street Improvement Plan consisted of the transportation projects in the Capital Improvement Program and was mandatory by State Law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. Staff recommended approval. No public testimony was heard. ORDINANCES: #9617 - Consideration of Approving Assessments for Sanitary Sewer District No. 528 (This item was pulled at the request of the Public Works Department.) CONSENT AGENDA: Motion by Paulick, second by Steele to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 13, 2016 City Council Regular Meeting. Approving Councilmember Appointments to Boards and Commissions. Approving Re-Appointments of Denise Kozel, Kent Sundberg, Brady Blauhorn, Terry Klanecky, Kurt Griess, and Craig Lewis to the Electrical Board. Approving Re-Appointments of Loran Peterson, Greg Geis, Mike McElroy, Mike Myers, Todd Bredthauer, Tom O’Neill, Russ Shaw, and Craig Lewis to the Mechanical Examining Board. Approving Re-Appointments of Rick Eberl, Ryan Logue, Jeremy Collinson, David Scoggins, and Craig Lewis to the Plumbers Examining Board. Approving Re-Appointments of Eric Olson, Todd Dvorak, Michael Nelson, Jimmy Olson, and William Clingman to the Police Pension Committee. Approving Appointments of Brad Laub and Tanner Greenough and the Re-Appointments of Scott Kuehl, Phil Thomas, and William Clingman to the Firefighters Pension Committee. Approving Appointment of James Pirnie to the Downtown Business Improvement District 2013 Board. Approving Appointment of Hector Rubio to the Regional Planning Commission Board. Grand Island Council Session - 1/10/2017 Page 19 / 100 Page 3, City Council Regular Meeting, December 27, 2016 #2016-308 - Approving Acquisition of Utility Easement - 588 S. Stuhr Road - Hoppe Inc. #2016-309 - Approving Purchase Agreement with Guarantee Group, LLC for Property for the Elevated Water Storage Tank in an Amount of $110,000.00. #2016-310 - Approving Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services. #2016-311 - Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2016. #2016-312 - Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department of Roads for Calendar Year 2017. #2016-313 - Approving Certificate of Final Completion for Drywall Installation for the Fleet Services Division with Indoor Air Technologies, Inc. of Victor, New York. #2016-314 - Approving Renewal of Service Agreement with Granicus, Inc. for Live Streaming/Video Archive for a monthly Amount of $285.31. #2016-315 – Approving Change Order No. 1 for the Veteran’s Athletic Soccer Field Bathroom/Concession Building with Mid Plains Construction Co. of Grand Island, Nebraska for an Increase of $4,363.00 and a Revised Contract Amount of $244,113.00. REQUESTS AND REFERRALS: Consideration of Approving a Request from Viaero Wireless for a Conditional Use Permit to allow for a 55’ Telecommunication Tower located at 2485 N. Diers Avenue. This item was related to the aforementioned Public Hearing. Discussion was held regarding the location and type of tower. Motion by Stelk, second by Fitzke to approve the request from Viaero Wireless for a Conditional Use Permit to allow for a 55’ Telecommunication Tower located at 2485 N. Diers Avenue. Upon roll call vote, all voted aye. Motion adopted. Consideration of Forwarding Blighted and Substandard Area #21 (Craig and Lesa Dixson) to the Hall County Regional Planning Commission. Regional Planning Director Chad Nabity reported that Craig and Lesa Dixson had submitted a Blighted and Substandard Study for an area in central Grand Island along U.S. Highway 30, east of Stuhr Road. Ron Depue, attorney for Craig and Lesa Dixson spoke in support. Motion by Haase, second by Paulick to approve the request from Craig and Lesa Dixson to forward Blighted and Substandard Area #21 to the Hall County Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 1/10/2017 Page 20 / 100 Page 4, City Council Regular Meeting, December 27, 2016 Consideration of Forwarding Blighted and Substandard Area #22 (Platte River Industrial Park, LLC) to the Hall County Regional Planning Commission. Regional Planning Director Chad Nabity reported that Platte River Industrial Park, LLC had submitted a Blighted and Substandard Study for an area located at the Cornhusker Army Ammunition Plant north of Old Potash Highway and west of 80th Road. Keith Marvin, consultant spoke in support. Discussion was held regarding the annexation requirement which would happen during the Redevelopment Plan. Mr. Nabity stated the other taxing entities would be notified. Motion by Haase, second by Nickerson to approve the request from Platte River Industrial Park, LLOC to forward Blighted and Substandard Area #22 to the Hall County Regional Planning Commission. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Donaldson, Hehnke, Haase, Stelk, and Nickerson voted aye. Councilmember Fitzke abstained. Motion adopted. RESOLUTIONS: #2016-316 - Consideration of Approving the One & Six Year Street Improvement Plan. This item was related to the aforementioned Public Hearing. Mr. Collins answered questions concerning the Sycamore Street underpass. Motion by Paulick, second by Donaldson to approve Resolution #2016-316. Upon roll call vote, all voted aye. Motion adopted. #2016-317 - Consideration of Approving Tap Fees for Sanitary Sewer District No. 530T. This item was related to the aforementioned Board of Equalization. Motion by Donaldson, second by Minton to approve Resolution #2016-317. Upon roll call vote, all voted aye. Motion adopted. #2016-318 – Consideration of Approving the Purchase of 40 Tasers from TASER International, Inc. as Sole Source Provider. Police Chief Robert Falldorf reported that the Police Department was currently using the X26 model Taser. Beginning January 1, 2017 TASER International would no longer sell, service or warranty the X26 Tasers. It was recommended that the Police Department replace their current Tasers with 40 X26P over five years interest free for a total amount of $49,588 with a trade-in of $3,800. Also designating TASER International as the Sole Source Provider. Motion by Nickerson, second by Pualick to approve Resolution #2016-318. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Stelk to approve the Claims for the period of December 14, 2016 through December 27, 2016 for a total amount of $4,994,397.41. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Stelk, and Nickerson voted aye. Councilmember Paulick abstained. Motion adopted. Grand Island Council Session - 1/10/2017 Page 21 / 100 Page 5, City Council Regular Meeting, December 27, 2016 Mayor Jensen introduced Austin Koeller with the Grand Island Independent. ADJOURNMENT: The meeting was adjourned at 7:47 p.m. RaNae Edwards City Clerk Grand Island Council Session - 1/10/2017 Page 22 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-2 #2017-1 - Approving Acquisition of Utility Easement - SW Corner of Schimmer Drive and Blaine Street - Hatchery Holdings, L.L.C. This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/10/2017 Page 23 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney R E S O L U T I O N 2017-1 WHEREAS, a public utility easement is required by the City of Grand Island from Hatchery Holdings, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on January 10, 2017, for the purpose of discussing the proposed acquisition of an easement located through a part of the Northeast Quarter (NE ¼), Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M., the centerline of the twenty (20.0) foot wide utility easement and right-of-way, in the City of Grand Island, Hall County, Nebraska; being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter (NE1/4), Section Five (5), Township Ten (10) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska; thence N90°00’00”W, along the northerly line of said Northeast Quarter (NE1/4), a distance of four hundred seventy eight and twenty seven hundredths (478.27) feet; thence S12°41’15”E, a distance of thirty three and eighty three hundredths (33.83) feet to a point on the southerly right-of-way line of Schimmer Drive, being the ACTUAL Point of Beginning; thence continuing S12°41’15”E, a distance of one hundred forty two (142.0) feet to the point of termination. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above-described easement and right-of-way containing 0.065 acres, more or less, as shown on the plat dated 11/10/2016, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Hatchery Holdings, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2017. _____________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/10/2017 Page 24 / 100 Grand Island Council Session - 1/10/2017 Page 25 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-3 #2017-2 - Approving Acquisition of Utility Easement - Copper Creek Eighth Subdivision - The Guarantee Group, L.L.C. This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/10/2017 Page 26 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney R E S O L U T I O N 2017-2 WHEREAS, a public utility easement is required by the City of Grand Island from The Guarantee Group, L.L.C., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including water lines; and WHEREAS, a public hearing was held on January 10, 2017, for the purpose of discussing the proposed acquisition of an easement located through a part of Outlot “A” Copper Creek Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska; being more particularly described as follows: Beginning at the northwest corner of Outlot ‘A’, Grand Island, Hall County, Nebraska; thence running easterly on the north line of said Outlot ‘A’, on an assumed bearing of S89°10’14:E, a distance of three hundred forty six and fifty three hundredths (346.53) feet, to the northeasterly corner of said Outlot ‘A’; thence running S00°12’04”E, a distance of thirty nine and nineteen hundredths (39.19) feet; thence running S26°44’25”W, a distance of twenty six and fifteen hundredths (26.15) feet; thence running N89°10’14”W, a distance of twenty two and twenty four hundredths (22.24) feet; thence running N26°44’17”W, a distance of thirty one and eight hundredths (31.08) feet; thence running N00°12’04”W, a distance of fourteen and seventy five hundredths (14.75) feet; thence running N89°10’14”W, a distance of three hundred twenty six and seventy one (326.71) feet, to a point on the north line said Outlot ‘A’; thence running N00°19’24”, a distance of twenty (20.0) feet to the said Point of Beginning. The above described easement and right-of-way containing a calculated area of 0.180 acres, more or less, as shown on the plat dated 12/7/2016, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from The Guarantee Group, L.L.C., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2017. ____________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/10/2017 Page 27 / 100 Grand Island Council Session - 1/10/2017 Page 28 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-4 #2017-3 - Approving Bid Award - Coal Handling Upgrade at Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/10/2017 Page 29 / 100 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:January 10, 2017 Subject:Coal Handling Upgrade at Platte Generating Station Presenter(s):Timothy G. Luchsinger, Utilities Director Background Platte Generating Station utilizes a conveyor system to transport coal from the point where train cars unload to the coal storage pile and additional conveyors to the coal storage bunkers. In a continued effort to mitigate dust and provide better personnel protection, the current project seals dust source points around coal handling equipment and addresses a long standing chute congestion problem. Discussion Specifications for the Coal Handling Upgrade were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on December 15, 2016. The engineer’s estimate for this project was $50,000.00. Bidder Bid Price Martin Engineering, Neponset, Illinois $49,764.11 The bid was reviewed by plant engineering staff. It is compliant with specifications and less than the engineer’s estimate. 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 - 1/10/2017 Page 30 / 100 Recommendation City Administration recommends that Council award the Contract for the Coal Handling Upgrade to Martin Engineering of Neponset, Illinois, as the low responsive bidder, with the bid in the amount of $49,764.11. Sample Motion Move to approve the bid in the amount of $49,764.11 from Martin Engineering for the Coal Handling Upgrade. Grand Island Council Session - 1/10/2017 Page 31 / 100 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:December 15, 2016 at 2:00 p.m. FOR:Coal Handling Upgrade DEPARTMENT:Utilities ESTIMATE:$50,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:December 3, 2016 NO. POTENTIAL BIDDERS:1 SUMMARY Bidder:Martin Engineering Neponset, IL Bid Security:Cashiers Check Exceptions:Noted Bid Price: Material:$25,693.00 Labor:$22,351.00 Sales Tax:$ 1,720.11 Total Bid:$49,764.11 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Ryan Schmitz, Production Engineer Karen Nagel, Utility Secretary P1926 Grand Island Council Session - 1/10/2017 Page 32 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney R E S O L U T I O N 2017-3 WHEREAS, the City of Grand Island invited sealed bids for Coal Handling Upgrade according to plans and specifications on file with the Utilities Department; and WHEREAS, on December 15, 2016, bids were received, opened and reviewed; and WHEREAS, Martin Engineering of Neponset, Illinois 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 $49,764.11; and WHEREAS, the bid of Martin Engineering is less than the estimate for Coal Handling Upgrade. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Martin Engineering in the amount of $49,764.11, for Coal Handling Upgrade, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2017. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/10/2017 Page 33 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-5 #2017-4 - Approving Final Plat and Subdivision Agreement for Brewer Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 1/10/2017 Page 34 / 100 Council Agenda Memo From:Regional Planning Commission Meeting:January 10, 2017 Subject:Brewer Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located north of 6th Street and west of Elm Street in the City of Grand Island, in Hall County, Nebraska. It consists of 2 lots and 0.2 acres. This property consists of 2 houses on a single lot. The houses have been on this site since at least 1951. Each house is served by its own waste water, water and electric services. In order to approve this subdivision Council has to grant a waiver to the minimum lot size requirement in the R4 zoning district. Discussion The plat for Brewer Subdivision, Final Plat was considered by the Regional Planning Commission at the January 4, 2017, meeting. A motion was made by Hoggatt and seconded by Maurer to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (Apfel, O’Neill, Ruge, Maurer, Robb, Rainforth, Rubio, Sears and Hoggatt) and no members voting no or 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 - 1/10/2017 Page 35 / 100 Recommendation City Administration recommends that Council approve the final plat as presented and waive the minimum lot size requirement per section 33-21 of the Subdivision Regulations. Sample Motion Move to approve as recommended. Grand Island Council Session - 1/10/2017 Page 36 / 100 Grand Island Council Session - 1/10/2017 Page 37 / 100 Developer/Owner Marlene Leece, Hidden Farms, Inc. 257 Bismark Road Grand Island, NE 68801 To create 2 lots located north of Sixth Street and west of Elm Street, in Grand Island, in the City of Grand Island, in Hall County, Nebraska. Size: 0.2 acres Zoning: R4 – High Density Residential Zone Road Access: City Street Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 1/10/2017 Page 38 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney R E S O L U T I O N 2017-4 WHEREAS Beverly J. Brewer, manager of Seahuskers Properties, LLC and Marlene Leece, president of Hidden Farms, Inc., being the owners of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “BREWER SUBDIVISION”, to be laid out into 2 Lots, on a Tract of Land comprising ALL OF Lot 8, Block 12, in the Original Town, 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, two houses are located on this single lot and have been since at least 1951 and such house were legal at the time of construction; and WHEREAS, the lot of such subdivision do not meet the minimum lot size requirements of the R4 zoning district; and WHEREAS, the houses are served with separate waste water, water and electrical services, and WHEREAS, §33-21 of the Grand Island City Code allows Council to modify or waive specific provision of the regulations and the Council finds that (1) The strict application of a particular provision would produce undue hardship. (2) Such hardship is not shared generally by other properties in the proposed subdivision, or in the case of modifications or waivers affecting an entire proposed subdivision the hardship is not shared generally with other similar subdivisions. (3) The authorization of the modification or waiver will not be a substantial detriment to adjacent property and the character of the proposed subdivision will not be adversely changed. (4) The granting of such modification or waiver is based upon demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice. (5) The granting of such modification will not unduly compromise the intent of this chapter.; 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. Grand Island Council Session - 1/10/2017 Page 39 / 100 - 2 - BE IT FURTHER RESOLVED that the final plat of Brewer 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, January 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/10/2017 Page 40 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-6 #2017-5 - Approving Final Plat and Subdivision Agreement for Lake Heritage Fourth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 1/10/2017 Page 41 / 100 Council Agenda Memo From:Regional Planning Commission Meeting:January 10, 2017 Subject:Lake Heritage 4th Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south of Highway 34 and east of Blaine Street in the City of Grand Island, in Hall County, Nebraska. It consisting of 2 lots and 9.54 acres. This subdivision proposes to subdivide Outlot A (the lake) into 2 Outlots consisting of the lake to split ownership. Discussion The plat for Lake Heritage 4th Subdivision, Final Plat was considered by the Regional Planning Commission at the January 4, 2017 meeting. A motion was made by Hoggatt and seconded by Maurer to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (Apfel, O’Neill, Ruge, Maurer, Robb, Rainforth, Rubio, Sears and Hoggatt) and no members voting no or 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 - 1/10/2017 Page 42 / 100 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 1/10/2017 Page 43 / 100 Grand Island Council Session - 1/10/2017 Page 44 / 100 Developer/Owner Doralene Niedfelt 1515 W. Highway 34 Grand Island, NE 68801 To create 2 lots located south of Highway 34 and east of Blaine Street, in Grand Island, in the City of Grand Island, in Hall County, Nebraska. Size: 9.54 acres Zoning: LLR – Large Lot Residential Road Access: City Roads Water Public: City water is not available. Sewer Public: City sewer is available. Grand Island Council Session - 1/10/2017 Page 45 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney R E S O L U T I O N 2017-5 WHEREAS Jerome W. Niedfelt Revocable Trust, Doralene Niedfelt, trustee, being the sole owner of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “LAKE HERITAGE FOURTH SUBDIVISION”, a subdivision being Outlot A, Lake Heritage Second Subdivision, 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 LAKE HERITAGE FOURTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/10/2017 Page 46 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-7 #2017-6 - Approving Intent to Create Fonner Park Business Improvement District Staff Contact: Jerry Janulewicz Grand Island Council Session - 1/10/2017 Page 47 / 100 Council Agenda Memo From:Jerom E. Janulewicz, City Attorney Meeting:January 10, 2017 Subject:Fonner Park Business Improvement District Presenter(s):Jerom E. Janulewicz, City Attorney Background The Fonner Park Business Improvement District 2013 expired in 2016 as a result of a termination date contained in the 2013 ordinance creating the district. Business owners within the district are seeking re-establishment of the Fonner Park Business Improvement District. In a letter to the Mayor and City Council dated July 21, 2016, the Fonner Park Business Improvement District expressed an interest to continue the business improvement district. In October 2016, council adopted a resolution appointing, Scott Zana, Buzz Douthit, Bruce Swihart, Tammy Slater, Mike Corman, and Bennett Chamness, to serve as the Board for the proposed BID and directed that the board make recommendations to the city concerning creation of the district. The board has since communicated its recommendations to the city in the form of the attached letters of November 15, 2016 and December 27, 2016. Before adopting an ordinance to create the district, a public hearing must be held upon notice mailed to the owners of property within the proposed district. Discussion The board members of the proposed business improvement district submitted their plan for Council’s consideration. The Council must hold a public hearing on the proposed creation of the district. Following the public hearing, Council may pass an ordinance to establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Adopt the Resolution and Notice of Public Hearing for Fonner Park Business Improvement District Grand Island Council Session - 1/10/2017 Page 48 / 100 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 adopt the Resolution setting the matter for public hearing. Sample Motion Move to approve the resolution for the Fonner Park Business Improvement District. Grand Island Council Session - 1/10/2017 Page 49 / 100 Grand Island Council Session - 1/10/2017 Page 50 / 100 Grand Island Council Session - 1/10/2017 Page 51 / 100 Grand Island Council Session - 1/10/2017 Page 52 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney R E S O L U T I O N 2017-6 WHEREAS, the Business Improvement District Board for the proposed Fonner Park Business Improvement District (hereinafter Fonner Park Business Improvement District) recommended that the City of Grand Island create a business improvement district along South Locust Street with boundaries in the form hereinafter set forth; and WHEREAS, the City Council has determined that a public hearing should be held on the proposed business improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, as follows: 1. Proposed District Boundaries. The proposed boundaries of the Fonner Park Business Improvement District are described as follows: Beginning at the southeast corner of Section Twenty One (21),Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Grand Island, Hall County, Nebraska; thence west on the south line of said Section Twenty One (21) to a point one hundred (100) feet west of the Southeast corner; thence north on a line one hundred (100) feet west of and parallel with the line common to Section Twenty One (21),Township Eleven (11) North, Range Nine (9) and Section Twenty Two (22),Township Eleven (11) North, Range Nine (9) to the north line of the Southeast Quarter (SE1/4) of Section Twenty One (21),Township Eleven (11) North, Range Nine (9); thence east on the north line of the Southeast Quarter (SE 1/4 ) of Section Twenty One (21),Township Eleven (11) North, Range Nine (9) a distance of one hundred (100) feet to the line common to Section Twenty One (21),Township Eleven (11) North, Range Nine (9) and Section Twenty Two (22),Township Eleven (11) North, Range Nine (9); thence continuing east on the north line of the Southwest Quarter (SW1/4) of Section Twenty Two (22),Township Eleven (11) North, Range Nine (9) for a distance of one hundred (100) feet; thence south on a line one hundred (100) feet east of and parallel with the line common to Section Twenty One (21),Township Eleven (11) North, Range Nine (9) and section Twenty Two (22),Township Eleven (11) North, Range Nine (9) to the south line of Section Twenty Two (22),Township Eleven (11) North, Range Nine (9); thence west on the south line of Section Twenty Two (22),Township Eleven (11) North, Range Nine (9) to the point of beginning. 2. Public Hearing; Protests. An Ordinance establishing the proposed district based upon the recommendations received from the improvement district board, providing for special assessments to be imposed and providing the maximum limit of the district shall be considered in a public hearing before the City Council on February 14, 2017, at 7:00 p.m. in the Council Chambers at City Hall in Grand Island, Nebraska. Grand Island Council Session - 1/10/2017 Page 53 / 100 At said hearing, the City Council shall hear all protests and receive evidence for or against the creation of the proposed district; rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and continue the hearing from time to time as the City Council may deem necessary. Proceedings shall terminate if written protest is made prior to the close of the hearing by the record owners of over fifty percent of the assessable units in the proposed district. 3.Activities; Revenue; Method of Assessment. a.The proposed activities to be supported by special assessments within the proposed district shall include: promotional activities; maintenance and improvement of the landscaped greenway; maintenance, repair, improvement and replacement of the sprinkler system in the greenway; regular mowing and trimming of the greenway; all facets of the purchase, care and replacement of trees, shrubs and grass and other decorative improvements; snow removal from sidewalks parallel of South Locust; employment of or contracting for personnel, purchase of equipment, materials, supplies or other expenses that accomplish the purposes of the district; other incidental or ongoing expenses as needed for the maintenance, improvement and beautification of the green belt area and to accomplish the goals and objectives of the Business Improvement Board of the district. b.The proposed or estimated costs for improvements and facilities within the proposed district is $44,541.00. The proposed special assessment shall be levied on a frontage foot basis based upon South Locust Street frontage. 4. Notice of Hearing; Owners. At least ten days prior to the date of the public hearing notice of the hearing shall be given by: A.One publication of this Resolution and Notice of Hearing in the Grand Island Independent; and B. Mailing a copy of this Resolution and Notice of Hearing to each owner of taxable property as shown on the latest tax rolls of the Hall County Treasurer. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 10, 2017. __________________________________ Jeremy L. Jensen, Mayor Attest: __________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/10/2017 Page 54 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-8 #2017-7 - Approving Intent to Create South Locust Business Improvement District Staff Contact: Jerry Janulewicz Grand Island Council Session - 1/10/2017 Page 55 / 100 Council Agenda Memo From:Jerom E. Janulewicz, City Attorney Meeting:January 10, 2017 Subject:South Locust Street Business Improvement District Presenter(s):Jerom E. Janulewicz, City Attorney Background The South Locust Street Business Improvement District 2013 expired in 2016 as a result of a termination date contained in the 2013 ordinance creating the district. Business owners within the district are seeking re-establishment of the South Locust Street Business Improvement District. In a letter to the Mayor and City Council dated July 21, 2016, the South Locust Street Business Improvement District expressed an interest to continue the business improvement district. In October 2016, council adopted a resolution appointing, Dan Naranjo, Rhonda Saalfeld, Norm Saale, Dena Sullivan, Nate Wieland, and Gene McCloud,, to serve as the Board for the proposed BID and directed that the board make recommendations to the city concerning creation of the district. The board has since communicated its recommendations to the city in the form of the attached letters of November 28, 2016 and December 27, 2016. Before adopting an ordinance to create the district, a public hearing must be held upon notice mailed to the owners of property within the proposed district. Discussion The board members of the proposed business improvement district submitted their plan for Council’s consideration. The Council must hold a public hearing on the proposed creation of the district. Following the public hearing, Council may pass an ordinance to establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 1/10/2017 Page 56 / 100 1.Adopt the Resolution and Notice of Public Hearing for South Locust Street Business Improvement District 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 adopt the Resolution setting the matter for public hearing. Sample Motion Move to approve the resolution for the South Locust Street Business Improvement District. Grand Island Council Session - 1/10/2017 Page 57 / 100 Grand Island Council Session - 1/10/2017 Page 58 / 100 Grand Island Council Session - 1/10/2017 Page 59 / 100 Grand Island Council Session - 1/10/2017 Page 60 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney R E S O L U T I O N 2017-7 WHEREAS, the Business Improvement District Board for the proposed South Locust Street Business Improvement District (hereinafter South Locust Street Business Improvement District) recommended that the City of Grand Island create a business improvement district along South Locust Street with boundaries in the form hereinafter set forth; and WHEREAS, the City Council has determined that a public hearing should be held on the proposed business improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.Proposed District Boundaries. The proposed boundaries of the South Locust Street Business Improvement District are described as follows: Beginning at the southeast corner of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska; thence west on the south line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. a distance of two hundred (200) feet; thence northerly on a line two hundred (200) feet west of and parallel to the east line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the north line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence east on the north line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the northeast corner of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence continuing east on the north line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. a distance of three hundred seventy-five (375) feet; thence south on a line three hundred seventy-five (375) feet east of and parallel to the west line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the south line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence west on the south line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the point of beginning. 2.Public Hearing; Protests. An Ordinance establishing the proposed district based upon the recommendations received from the improvement district board, providing for special assessments to be imposed and providing the maximum limit of the district shall be considered in a public hearing before the City Council on February 14, 2017, at 7:00 p.m. in the Council Chambers at City Hall in Grand Island, Nebraska. At said hearing, the City Council shall hear all protests and receive evidence for or against the creation of the proposed district; rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and continue the hearing from time to time as Grand Island Council Session - 1/10/2017 Page 61 / 100 the city council may deem necessary. Proceedings shall terminate if written protest is made prior to the close of the hearing by the record owners of over fifty percent of the assessable units in the proposed district. 3. Activities; Revenue; Method of Assessment. a.The proposed activities to be supported by special assessments within the proposed district shall include: promotional activities; maintenance and improvement of the landscaped greenway; maintenance, repair, improvement and replacement of the sprinkler system in the greenway; regular mowing and trimming of the greenway; all facets of the purchase, care and replacement of trees, shrubs and grass and other decorative improvements; snow removal from sidewalks parallel to South Locust; employment of or contracting for personnel, purchase of equipment, materials, supplies or other expenses that accomplish the purposes of the district; other incidental or ongoing expenses as needed for the maintenance, improvement and beautification of the green belt area and to accomplish the goals and objectives of the Business Improvement Board of the district. b.The proposed or estimated costs for improvements and facilities within the proposed district is $143,326.00 and shall include $88,326.00 from special assessments levied against property within the district, $30,000.00 in anticipated grant revenue from the Community Redevelopment Authority, and $25,000.00 in anticipated grant revenue from the Nebraska Environmental Trust. The proposed special assessment shall be levied on a frontage foot basis based upon South Locust Street frontage. 4. Notice of Hearing; Owners. At least ten days prior to the date of the public hearing notice of the hearing shall be given by: a. One publication of this Resolution and Notice of Hearing in the Grand Island Independent; and b.Mailing a copy of this Resolution and Notice of Hearing to each owner of taxable property as shown on the latest tax rolls of the Hall County Treasurer. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 10, 2017. ___________________________________ Jeremy L. Jensen, Mayor Attest: __________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/10/2017 Page 62 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-9 #2017-8 - Approving 2016 Storm Water Management Plan Program Grant Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/10/2017 Page 63 / 100 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:January 10, 2017 Subject:Approving 2016 Storm Water Management Plan Program Grant Presenter(s):John Collins PE, Public Works Director Background In 2004, the EPA expanded the “pollutant discharge” portion of the Clean Water Act of 1977 to include storm water runoff from all Nebraska communities with a population over 10,000. Subsequently, the City of Grand Island was designated as a National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Community in 2005. The City was issued a storm water permit for the time period of July 1, 2005 through December 31, 2010 by the Nebraska Department of Environmental Quality that includes a Storm Water Management Plan. Since 2011 the City has operated on an Administrative Extension, with a new 5 year permit cycle expected to be July 1, 2017 through December 31, 2022. As a result of the passage of LB1226 in the 2006 Nebraska Legislative Session, $2.5 million in funding was allocated for cities and counties with Storm Water permits to implement their local Storm Water Management Plans (SWMPs). Grant awards are distributed to applicants according to population size. The City has received funds from this storm water grant program each year since July 2007 for a total of $756,471.70 to date. The 2016 grant will increase this total to $787,405.25, as shown in the below table. Grand Island Council Session - 1/10/2017 Page 64 / 100 FISCAL YEAR GRANT AMOUNT RECEIVED 2007 $93,807.00 2008 $93,806.70 2009 $94,849.00 2010 $92,849.00 2011 $88,659.00 2012 $73,978.00 2013 $73,978.00 2014 $73,978.00 2015 $70,567.00 2016 $30,933.55 TOTAL GRANT DOLLARS RECEIVED $787,405.25 The past grant funds have been used for activities such as educating the public, developers/contractors of the requirements of the permit; storm sewer stenciling; dry weather inspections; municipal evaluations and facility run-off control planning; mapping of the storm sewer system; inspection of detention cells, and implementing Best Management Practices (BMP’s) at City owned facilities. Additionally, the grant funds have purchased a vehicle, GPS equipment, printer/plotter and various water sampling equipment. The funds from this grant are used for additional mapping of the storm sewer system, finalizing and implementing the construction (erosion/sediment control) program, wet weather sampling and supporting education efforts through various media forms, as they are available. Discussion The Storm Water Management Plan Program Intergovernmental Agreement, which provides $30,933.55 to the City to continue with this plan, was due Thursday, December 1, 2016. A 20% match, or $6,186.71, for the project is required and will be provided by the Public Works Department through staff time. Grant work under this program must be completed by June 30, 2018. The City has seven (7) Minimum Control Measures (MCM’s) that are identified in the storm water permit. Each MCM has a number of BMP’s that are used to carry out the MCM’s. An example BMP is marking curb inlets that remind the public not to dump in the inlet because it drains to a stream or river. Grant activities are restricted to the BMP’s and seven (7) Minimum Control Measures (MCM’s) identified in the City storm water permit. The seven (7) MCM’s are: 1.Education and Outreach 2.Public Involvement/Participation 3.Illicit Discharge Detection and Elimination 4.Construction Site Storm Water Runoff Control Grand Island Council Session - 1/10/2017 Page 65 / 100 5.Post-Construction Storm Water Management in new development and redevelopment 6.Pollution Prevention good housekeeping for municipal operations 7.Wet Weather Monitoring 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 approve a resolution directing the Mayor to sign the Intergovernmental Agreement. Sample Motion Move to approve the resolution. Grand Island Council Session - 1/10/2017 Page 66 / 100 Grand Island Council Session - 1/10/2017 Page 67 / 100 Grand Island Council Session - 1/10/2017 Page 68 / 100 Grand Island Council Session - 1/10/2017 Page 69 / 100 Grand Island Council Session - 1/10/2017 Page 70 / 100 Grand Island Council Session - 1/10/2017 Page 71 / 100 Grand Island Council Session - 1/10/2017 Page 72 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney R E S O L U T I O N 2017-8 WHEREAS, in 2005, the Environmental Protection Agency expanded the “pollutant discharge” portion of the Clean Water Act of 1977 to include storm water runoff from Nebraska communities with a population over 10,000; and WHEREAS, the City Of Grand Island was designated as a National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Community and was issued a storm water permit from the Nebraska Department of Environmental Quality; and WHEREAS, the City Of Grand Island has developed a Storm Water Management Plan (SWMP) in conformance with the storm water permit; and WHEREAS, the City Of Grand Island, Nebraska is an eligible unit of a general local government authorized to file an application through the Nebraska Department of Environmental Quality for a grant to implement the Storm Water Management Plans (SWMPs) to be used to implement the activities identified in the Sponsor’s NPDES Municipal Separate Storm Sewer System permit from the State of Nebraska; and WHERAS, the City is scheduled to receive $30,933.55 with the required twenty percent (20%) match for the project provided by the City of Grand Island, Public Works Department; and WHEREAS, the Nebraska Department of Environmental Quality’s deadline for the signed agreement was Thursday, December 1, 2016, with an extension granted to the City of Grand Island; and WHEREAS, funds will be awarded to the City upon execution and submission of the grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska, is hereby authorized to accept the funding from the Nebraska Department of Environmental Quality, for the Storm Water Management Plan Program Grant. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute such grant intergovernmental agreement and other documentation on behalf of the City Of Grand Island for such grant purposes. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/10/2017 Page 73 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item G-10 #2017-9 - Approving Agreements with NDOR-Intermodal Planning Division for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2017 Fiscal Year TRANSIT, Section 5305, Transportation Planning Program Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/10/2017 Page 74 / 100 Council Agenda Memo From: Terry Brown PE, Assistant Public Work Director Meeting: January 10, 2017 Subject: Approving Agreements with NDOR-Intermodal Planning Division for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2017 Fiscal Year TRANSIT, Section 5305, Transportation Planning Program Presenter(s): John Collins PE, Public Works Director Background All agreements must be approved by the City Council. In March 2013 the City of Grand Island was designated as a urbanized area with a population over 50,000 which requires the metropolitan area to establish a transportation planning process in accordance with Title 23 CFR 450 of the current federal transportation bill. On an annual basis, the MPO developes a Unified Planning Work Program (UPWP), which identifies work activities to be performed during the fiscal year. The UPWP is approved by the MPO Policy Board and City Council. The UPWP is then submitted to the Nebraska Department of Roads for review, and forwarded for approval for federal reimbusment by the Federal Highway Administration and Federal Transit Administration. Discussion The Nebraska Department of Roads-Intermodal Planning Divison has drawn up Program Agreements with the City of Grand Island for the purpose of assisting the Local Public Agency (LPA) in obtaining Federal financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the Grand Island Metropolitan Planning Area for Fiscal Year 2017. The agreement with the Department of Roads is attached for reference. The maximum Federal Transit Administration, Section 5305 Funding, participation under the FY 2017 (July 1, 2016 – June 30, 2017) Unified Planning Work Program (UPWP) is 80%, with a not to exceed amount of $27,875.00 for FY 2017 eligible costs. The local 20% funds would be the City’s obligation not to exceed $6,968.75 and can be part of inkind services (staff time & expenses). Grand Island Council Session - 1/10/2017 Page 75 / 100 Total cost is not expected to exceed $34,843.75 for the MPO transit planning portion. 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 authorizes the Mayor to sign the Fiscal Year 2017 Transit Transportation Planning Program agreement. Sample Motion Move to approve resolution authorizing the Mayor to sign the agreement. Grand Island Council Session - 1/10/2017 Page 76 / 100 Grand IslandCouncil Session - 1/10/2017Page 77 / 100 Grand IslandCouncil Session - 1/10/2017Page 78 / 100 Grand IslandCouncil Session - 1/10/2017Page 79 / 100 Grand IslandCouncil Session - 1/10/2017Page 80 / 100 Grand IslandCouncil Session - 1/10/2017Page 81 / 100 Grand IslandCouncil Session - 1/10/2017Page 82 / 100 Grand IslandCouncil Session - 1/10/2017Page 83 / 100 Grand IslandCouncil Session - 1/10/2017Page 84 / 100 Grand IslandCouncil Session - 1/10/2017Page 85 / 100 Grand IslandCouncil Session - 1/10/2017Page 86 / 100 Grand IslandCouncil Session - 1/10/2017Page 87 / 100 Grand IslandCouncil Session - 1/10/2017Page 88 / 100 Grand IslandCouncil Session - 1/10/2017Page 89 / 100 Grand IslandCouncil Session - 1/10/2017Page 90 / 100 Grand IslandCouncil Session - 1/10/2017Page 91 / 100 Grand IslandCouncil Session - 1/10/2017Page 92 / 100 Grand IslandCouncil Session - 1/10/2017Page 93 / 100 Grand IslandCouncil Session - 1/10/2017Page 94 / 100 Grand IslandCouncil Session - 1/10/2017Page 95 / 100 Grand IslandCouncil Session - 1/10/2017Page 96 / 100 Grand IslandCouncil Session - 1/10/2017Page 97 / 100 Grand IslandCouncil Session - 1/10/2017Page 98 / 100 Approved as to Form ¤ ___________ January 6, 2017 ¤ City Attorney R E S O L U T I O N 2017-9 WHEREAS, the Nebraska Department of Roads has prepared a Planning Agreement for Fiscal Year 2017 for the City of Grand Island for the purpose of providing partial funding of Grand Island Area Metropolitan Planning Organization’s (GIAMPO) transportation planning activities scheduled to be performed commencing July 1, 2016, as outlined in the Unified Planning Work Program attached to such agreements; and WHEREAS, the maximum amount of cash support from the State under such agreement is $27,875.00 (80%) of 49 USC Section 5305 funds for Fiscal Year 2017; and WHEREAS, the local 20% funds would be the City’s obligation not to exceed $6,968.75 and can be part of inkind services (staff time & expenses); and WHEREAS, an agreement with the Nebraska Department of Roads for Fiscal Year 2017 is required to proceed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the agreement with the Nebraska Department of Roads for the purpose of providing partial funding of Grand Island Area Metropolitan Planning Organization’s (GIAMPO) transportation planning activities scheduled to be performed commencing July 1, 2016, as outlined in the Unified Planning Work Program attached to such agreement is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the Planning Agreement for Fiscal Year 2017. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/10/2017 Page 99 / 100 City of Grand Island Tuesday, January 10, 2017 Council Session Item J-1 Approving Payment of Claims for the Period of December 28, 2016 through January 10, 2017 The Claims for the period of December 28, 2016 through January 10, 2017 for a total amount of $1,118,238.04. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 1/10/2017 Page 100 / 100