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10-10-2017 City Council Regular Meeting Packet
City of Grand Island Tuesday, October 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 - 10/10/2017 Page 1 / 285 City of Grand Island Tuesday, October 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 Nathan Frew, Abundant Life Christian Center, 3411 West Faidley 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 - 10/10/2017 Page 2 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item C-1 Recognition of Joel Holling, Parks and Recreation Turf Management Specialist for 25 Years of Service with the City of Grand Island The Mayor and City Council will recognize Parks & Recreation Turf Management Specialist for 25 years of service with the City of Grand. Mr. Holling was hired as a seasonal worker on May 6, 1991 were he worked a couple of seasons at the golf course. He was then hired as a Maintenance Worker II at the Golf Course on September 15, 1992 and was promoted to his current position as a Turf Management Specialist on April 28, 2008. We congratulate Mr. Holling on his dedicated service to the City of Grand Island for the past 25 years. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 10/10/2017 Page 3 / 285 Grand IslandCouncil Session - 10/10/2017Page 4 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item E-1 Public Hearing on Request from Whitey’s, Inc. dba Whitey’s Sports Bar & Grill, 2118 No. Webb Road for a 20’ x 20’ Addition to their “Class C” Liquor License Council action will take place under Consent Agenda item G-3. Staff Contact: RaNae Edwards Grand Island Council Session - 10/10/2017 Page 5 / 285 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:October 10, 2017 Subject:Public Hearing on Request from Whitey’s, Inc. dba Whitey’s Sport Bar & Grill, 2118 No. Webb Road for an Addition to Class “C-093291” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Whitey’s, Inc. dba Whitey’s Sports Bar & Grill, 2118 No. Webb Road has submitted an application for an addition to their Class “C-093291” Liquor License. The request includes the addition on the liquor license for storage. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, and Health Departments. The request is to add a 20’ x 20’ area to the north of their current license for storage purposes only. Staff is recommending approval contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Grand Island Council Session - 10/10/2017 Page 6 / 285 Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application contingent upon final inspections. Sample Motion Move to approve the application for an addition to Whitey’s, Inc. dba Whitey’s Sports Bar & Grill, 2188 No. Webb Road Liquor License “C-093291” for an addition of a 20’ x 20’ area for storage use only contingent upon final inspections. Grand Island Council Session - 10/10/2017 Page 7 / 285 Grand Island Council Session - 10/10/2017 Page 8 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item E-2 Public Hearing on Request from Irish Pub of Grand Island, Inc. dba McKinney's Irish Pub, 123 West 3rd Street for a Class “CK” Liquor License Council action will take place under Consent Agenda item G-4. Staff Contact: RaNae Edwards Grand Island Council Session - 10/10/2017 Page 9 / 285 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:October 10, 2017 Subject:Public Hearing on Request from Irish Pub of Grand Island, Inc. dba McKinney’s Irish Pub, 123 West 3rd Street for a Class “CK” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Irish Pub of Grand Island, Inc. dba McKinney’s Irish Pub, 123 West 3rd Street has submitted an application for a Class “CK” Liquor License. A Class “CK” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city along with a catering designation. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 10/10/2017 Page 10 / 285 McKinney’s Irish Pub currently has a Class “I” Liquor License. If approved this license would replace the current liquor license along with a change in ownership and Liquor Manager. Also submitted was a request for Liquor Manager Designation for Nathan Stewart, 5230 West Thatcher Lane, Lincoln, Nebraska. Staff recommends approval contingent upon final inspections and completion of a state approved alcohol server/seller training program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Irish Pub of Grand Island, Inc. dba McKinney’s Irish Pub, 123 West 3rd Street for a Class “CK” Liquor License contingent upon final inspections and Liquor Manager Designation for Nathan Stewart, 5230 West Thatcher Lane, Lincoln, Nebraska contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 10/10/2017 Page 11 / 285 LOCUSTST SBISMARK RD E LOCUSTST SSCHUFF STKOENIG ST W CHARLES ST W13THST W JO HN ST W BISMARKRD W A D A M S S T S 7TH ST ELOCUSTST SLIN C O L N A V E S PINE ST SLIN C O L N A V E N C L A R K S T S 4TH ST E7TH ST EANNA ST W C E D A R S T N U S H I G H W A Y 3 0 E8TH ST EO KLA HO M A A VE W6T H ST E7TH ST EKIMBALL AVE SGROFFST ASHTON AVE ESYCAMORE ST S7THST EW A L N U T S T S LOUISEST W PLUM ST SC L A R K S T N SO UTHFRONT ST W CHARLESST W2ND ST W ASHTONAVE W OAKST SLOCUSTST S8THST EPINE ST S5TH ST E2ND ST W D IVISIO N ST EWA S H IN G T O N S T S 9TH ST EG REE N WIC H ST N C E D A R S T N KIMBALLAVE SG R E E N W IC H S T S KI M B A L L A V E N KOENIG ST W K I M B A L L A V E N 1ST ST W 2ND ST E8TH ST W NORTHFRONTST W 6TH ST ESOUTH FRO NT ST W 3RD ST E7TH ST W SYCAMOREST S12TH ST W 11TH ST E3RD ST W10TH ST W 9TH ST W 2ND ST W LO UISE ST WDI VISION ST W4TH ST W6TH ST W 1ST ST W 5TH ST W G R E E N WIC H S T N 5TH ST EYUND ST11TH ST W 1ST ST EW A L N U T S T S8TH ST E10TH ST EE L M S T S C L E B U R N S T S C L E B U R N S T N C L E B U R N S T N E D D Y S T S E L M S T N WH E E L E R A V E N L O C U S T S T N S Y C A M O R E S T N E L M S T N C E D A R S T N P O P L A R S T VIN E S T NWA L N U T S T N VI N E S T N C L E B U R N S T N PIN E S T N L O C U S T S T N O A K S T N P L U M S T N O K L A H O M A A V E E E D D Y S T N G R E E N WI C H S T SWH E E L E R A V E N B E A L S T C E D A R S T S L A M B E R T S T S AIN T P A U L R D CHARLES ST E COURTST E PLU M ST N VINE ST SKOENIG ST E HANSEN ST VINE ST SKOENIG ST E U S H IG H W A Y 30 E OAK ST SMEVES AVEPINE ST SM E M O R IA L D RNORTHFRONT ST EUP W AYSO UTH FR O NT ST EP I E R P A R K U P R R D R µ Liquor ApplicationIrish Pub of Grand Island123 W. Third St.Class "CK" License Legend St. CenterlineLiquor License Locations123 W 3rd St 1500' Radius Grand Island Council Session - 10/10/2017 Page 12 / 285 Grand Island Council Session - 10/10/2017 Page 13 / 285 Grand Island Council Session - 10/10/2017 Page 14 / 285 Grand Island Council Session - 10/10/2017 Page 15 / 285 Grand Island Council Session - 10/10/2017 Page 16 / 285 Grand Island Council Session - 10/10/2017 Page 17 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item E-3 Public Hearing on Property Exchange for Part of Sterling Estates 8th Subdivision for Part of Sterling Park in Sterling Estates 4th Subdivision Council action will take place under Ordinances item F-3. Staff Contact: Chad Nabity Grand Island Council Session - 10/10/2017 Page 18 / 285 Council Agenda Memo From:Chad Nabity, AICP Meeting:October 10, 2017 Subject:Property Exchange - Part of Sterling Estates 8th Subdivision for Part of Sterling Park in Sterling Estates 4th Subdivision Presenter(s):Chad Nabity, Regional Planning Director Background In 2009, the City of Grand Island purchased 6.75 acres of ground for a park within the area to be developed as the Sterling Estates Subdivision south of Capital Avenue and west of the Moore’s Creek Drainway. In June of 2013 the adjoining property owners, from whom the park land was purchased, submitted a plat for the Sterling Estates Fourth Subdivision. In order to accommodate the planned lots, the owners requested that the City exchange a 10-foot-wide strip of property along the south side of the strip reserved to connect the park to the bike trail for a 10-foot-wide strip along the north side of that same strip. This is an even exchange for the property. The developers have also agreed to plat the park property as part of Sterling Estates 4th Subdivision. During negotiations with the City of Grand Island over the location of utilities, the owners of the subdivision proceeded with a smaller version of the 4th Subdivision and left the remainder of the property north of the park unplatted. It was platted as Sterling Estates 8th Subdivision with approvals in late 2016 and filed in 2017. As a result of these changes and adjustments to the lots, the exchange that was made in 2013 was unnecessary. The platting of the property to the north of the park in 2016 assumed that the property exchanged in 2013 had been traded back. The proposed exchange will insure that clear title is available for the Sterling Estates Park and for Lot 6, Block 2 and Lot 12, Block 1 of Sterling Estates 8th Subdivision as platted. Discussion The attached maps and copy of the Sterling Estates 4th Subdivision identify the property involved in the proposed exchange. The City will be exchanging Tract B for Tract A and Tract C for Tract D. Tracts A and B are identical in size and Tracts C and D are identical in size. Council will consider an ordinance that would swap the ownership of these properties. The ordinance is subject to a 30-day remonstrance period should any citizen Grand Island Council Session - 10/10/2017 Page 19 / 285 feel that the exchange is unfair to the City. City Staff will complete this transaction once the remonstrance period has ended. 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 ordinances and resolution as presented. Sample Motion Move to approve the Ordinance as presented. Grand Island Council Session - 10/10/2017 Page 20 / 285 City Owned Property Property for Park Park Property Platted with Sterling Estates 4th Subdivision Grand Island Council Session - 10/10/2017 Page 21 / 285 City Owned Property Property for Park Grand Island Council Session - 10/10/2017 Page 22 / 285 Grand Island Council Session - 10/10/2017 Page 23 / 285 Grand Island Council Session - 10/10/2017 Page 24 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item E-4 Public Hearing to Vacate Ewoldt Subdivision for Part of Prairie Commons Subdivision Council action will take place under Ordinances item F-4. Staff Contact: Chad Nabity Grand Island Council Session - 10/10/2017 Page 25 / 285 Council Agenda Memo From:Regional Planning Commission Meeting:October 10, 2017 Subject:Request to Vacate Lots Ewoldt Subdivision and Easements as Shown on the Attached Vacation Plat Presenter(s):Chad Nabity AICP, Regional Planning Director Background Prataria Ventures LLC., as the owner of the impacted property has requested that the City vacate Ewoldt Subdivision as shown on the attached vacation plat. Discussion This request was made to facilitate the replatting of this property into Prairie Commons Subdivision. Vacating and replatting these lots and easements will not result in any issues with installed utilities. Staff is recommending that Council retain the right-of-way and easements identified on the attached plat to vacate Ewoldt Subdivision. New easements and right of way have been dedicated for streets and utilities with the approval of Prairie Commons Subdivision in August of 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 ordinance to vacate Ewoldt Subdivision as requested. Sample Motion Move to approve as recommended. Grand Island Council Session - 10/10/2017 Page 26 / 285 Grand Island Council Session - 10/10/2017 Page 27 / 285 Grand Island Council Session - 10/10/2017 Page 28 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item F-1 #9655 - Consideration of Amending the Salary Ordinance Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 10/10/2017 Page 29 / 285 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:October 10, 2017 Subject:Consideration of Approving Salary Ordinance No. 9655 Presenter(s):Aaron Schmid, Human Resources Director Background The salary ordinance for employees of the City of Grand Island comes before Council when changes are necessary. The following explains the proposed change to the salary ordinance. Discussion The purpose of this salary ordinance is simply to correct an entry error for the Civil Engineer Manager position. The change is noted in the “red-line” copy of the ordinance. 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 proposed Salary Ordinance No. 9655. Sample Motion Move to approve Salary Ordinance No. 9655. Grand Island Council Session - 10/10/2017 Page 30 / 285 Approved as to Form ¤ ___________ ¤ City Attorney ORDINANCE NO. 9655 An ordinance to amend Ordinance 9652 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to rename the non-union position Assistant Public Works Director/Manager of Engineering Services to Assistant Public Works Director/Engineering; to remove the non-union position of Library Assistant Director; to move the IBEW Service/Clerical positions of Administrative Assistant – Utilities and Utility Secretary to the IBEW Utilities labor agreement; to amend the salary ranges of non-union employees; to amend the salary ranges of employees covered under the AFSCME labor agreement; to amend the salary ranges of employees covered under the IBEW Finance, IBEW Wastewater, IBEW Service Clerical and the IBEW Utilities labor agreements; to amend the salary ranges of employees covered under the FOP labor agreementto correct the salary range of the non-union position Civil Engineering Manager-PCC; and to repeal those portions of Ordinance No. 9652 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Grand Island Council Session - 10/10/2017 Page 31 / 285 ORDINANCE NO. 9655 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 25.0420/36.7545 Exempt Accounting Technician – Solid Waste 20.1118/25.2200 40 hrs/week Assistant to the City Administrator 23.6076/33.2328 Exempt Assistant Finance Director 33.9866/49.0855 Exempt Assistant Public Works Director/Engineering 38.9075/58.6000 Exempt Assistant Utilities Director – Engineering/Business Operations 52.4196/75.5731 Exempt Assistant Utilities Director – Production 54.4194/77.3596 Exempt Assistant Utilities Director – Transmission 54.4194/79.5179 Exempt Attorney 32.8943/48.8298 Exempt Biosolids Technician 19.9492/30.2055 40 hrs/week Building Department Director 38.9156/57.9988 Exempt CADD Operator 21.7392/31.2635 40 hrs/week Cemetery Superintendent 24.9930/37.0264 Exempt City Administrator 71.4964/83.4798 Exempt City Attorney 48.0254/66.6890 Exempt City Clerk 32.1275/43.2299 Exempt Civil Engineer I 30.9104/43.9238 Exempt Civil Engineer II 35.0776/50.5140 Exempt Civil Engineering Manager – Utility PCC 43.7585/57.610160.9521 Exempt Collection System Supervisor 25.2062/36.6306 40 hrs/week Community Service Officer – Part time 16.3821/22.3330 40 hrs/week Custodian – Library, Police 14.6526/20.9826 40 hrs/week Customer Service Representative – Part time 10.1816/14.0817 40 hrs/week Customer Service Team Leader 20.4821/28.0380 Exempt Electric Distribution Superintendent 38.0495/52.6906 Exempt Electric Distribution Supervisor 32.1304/46.4077 40 hrs/week Electric Underground Superintendent 33.8855/48.8524 Exempt Electrical Engineer I 29.3018/42.3606 Exempt Electrical Engineer II 33.9868/49.0856 Exempt Emergency Management Deputy Director 27.5291/40.4906 Exempt Emergency Management Director 39.1800/57.9988 Exempt Engineer I – Public Works 31.9298/45.3644 Exempt Engineer I – WWTP 31.9298/44.9241 Exempt Engineering Technician - WWTP 21.6888/29.9419 40 hrs/week Grand Island Council Session - 10/10/2017 Page 32 / 285 ORDINANCE NO. 9655 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator - Solid Waste 18.8402/27.0280 40 hrs/week Finance Director 44.5620/67.8909 Exempt Finance Operations Supervisor 23.5153/33.0311 Exempt Fire Chief 43.8841/66.8839 Exempt Fire EMS Division Chief 37.2284/53.9871 Exempt Fire Operations Division Chief 37.2284/53.9871 Exempt Fire Prevention Division Chief 36.4315/52.2063 Exempt Fleet Services Shop Foreman 24.8053/37.0367 40 hrs/week GIS Coordinator - PW 29.0889/43.3841 Exempt Golf Course Superintendent 25.6180/36.9726 Exempt Grounds Management Crew Chief – Cemetery 21.5304/31.1900 40 hrs/week Grounds Management Crew Chief – Parks 22.9087/32.8811 40 hrs/week Human Resources Director 39.2863/58.6741 Exempt Human Resources Benefits/Risk Mgmt Coordinator 23.8470/35.2851 40 hrs/week Human Resources Recruiter 23.8470/35.2851 40 hrs/week Human Resources Specialist 23.8470/35.2851 40 hrs/week Information Technology Manager 38.1246/57.5444 Exempt Legal Secretary 21.3052/28.7935 40 hrs/week Librarian I 23.5150/29.8553 Exempt Librarian II 26.2548/33.4820 Exempt Library Assistant I 14.3559/20.7473 40 hrs/week Library Assistant II 17.7411/25.1156 40 hrs/week Library Director 42.3759/64.8136 Exempt Library Page 10.2060/14.0796 40 hrs/week Library Secretary 16.8394/23.3320 40 hrs/week Maintenance Worker – Golf 16.4369/25.7469 40 hrs/week Meter Reader Supervisor 23.5153/30.5976 Exempt MPO Program Manager 25.5386/38.3336 Exempt Office Manager – Police Department 19.9156/28.6495 40 hrs/week Parks and Recreation Director 42.6304/64.8620 Exempt Parks Superintendent 31.7524/47.0128 Exempt Payroll Specialist 20.5197/29.7956 40 hrs/week Planning Director 40.5175/61.1830 Exempt Police Captain 37.3229/53.7815 Exempt Police Chief 46.2620/67.9351 Exempt Grand Island Council Session - 10/10/2017 Page 33 / 285 ORDINANCE NO. 9655 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Maintenance Supervisor 35.5371/48.0134 Exempt Power Plant Operations Supervisor 37.7260/52.1594 Exempt Power Plant Superintendent – Burdick 42.7013/60.5861 Exempt Power Plant Superintendent – PGS 49.2281/69.8144 Exempt Public Information Officer 28.2585/42.1368 Exempt Public Works Director 45.8640/68.3250 Exempt Public Works Engineer 33.3344/48.2010 Exempt Receptionist 16.2370/25.5802 40 hrs/week Recreation Coordinator 23.5145/33.6513 Exempt Recreation Superintendent 32.4386/49.4218 Exempt Regulatory and Environmental Manager 39.3449/53.8784 Exempt Senior Electrical Engineer 38.5745/53.7141 Exempt Senior Public Safety Dispatcher 19.9491/26.7956 40 hrs/week Senior Utility Secretary 19.3261/25.9884 40 hrs/week Shooting Range Superintendent 28.3884/42.9764 Exempt Solid Waste Division Clerk - Full Time 19.5948/24.7660 40 hrs/week Solid Waste Division Clerk - Part Time 17.4470/22.4888 40 hrs/week Solid Waste Foreman 22.7440/31.7591 40 hrs/week Solid Waste Superintendent 33.1380/48.8771 Exempt Street Superintendent 31.5101/46.8878 Exempt Street Foreman 24.1698/35.4161 40 hrs/week Transit Program Manager 27.2356/39.1203 Exempt Turf Management Specialist 23.0237/32.5926 40 hrs/week Utilities Director 74.5524/99.3789 Exempt Utility Production Engineer 38.0339/56.0660 Exempt Utility Warehouse Supervisor 26.9010/37.8519 40 hrs/week Victim Assistance Unit Coordinator 16.4543/24.0026 40 hrs/week Victim/Witness Advocate 15.0826/22.0017 40 hrs/week Wastewater Plant Chief Operator 24.1472/35.1586 40 hrs/week Wastewater Plant Engineer 34.6253/52.9966 Exempt Wastewater Plant Operations Engineer 33.4478/50.0133 Exempt Wastewater Plant Maintenance Supervisor 25.7302/36.5320 40 hrs/week Wastewater Plant Regulatory Compliance Manager 33.4501/39.9330 Exempt Water Superintendent 31.9568/46.7388 Exempt Water Supervisor 25.2435/36.7276 40 hrs/week Grand Island Council Session - 10/10/2017 Page 34 / 285 ORDINANCE NO. 9655 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Seasonal 9.0000/20.0000 Exempt Worker / Seasonal 9.0000/20.0000 40 hrs/week Worker / Temporary 9.0000/20.0000 40 hrs/week Worker / Parks & Recreation Part time 9.0000/20.0000 40 hrs/week A shift differential of $0.25 per hour shall be added to the base hourly wage for persons in the employee classification Senior Public Safety Dispatcher who work any hours or portion thereof that begins between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 20.2573/30.0084 40 hrs/week Fleet Services Mechanic 22.6354/33.5361 40 hrs/week Horticulturist 23.2001/34.4339 40 hrs/week Maintenance Worker – Cemetery 19.1529/28.3966 40 hrs/week Maintenance Worker – Parks 18.8928/28.0271 40 hrs/week Maintenance Worker – Streets 18.8841/27.9944 40 hrs/week Senior Equipment Operator – Streets 21.7407/32.2452 40 hrs/week Senior Maintenance Worker – Streets 21.5907/32.0228 40 hrs/week Traffic Signal Technician 21.4414/31.8015 40 hrs/week Grand Island Council Session - 10/10/2017 Page 35 / 285 ORDINANCE NO. 9655 (Cont.) - 6 - SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 17.7758/23.5229 40 hrs/week Administrative Assistant-Utilities 19.9718/28.7466 40 hrs/week Cashier 16.7924/22.8825 40 hrs/week Custodian 17.3168/20.7680 40 hrs/week Electric Distribution Crew Chief 35.0781/45.0560 40 hrs/week Electric Underground Crew Chief 35.0781/45.0560 40 hrs/week Engineering Technician I 22.0667/30.5436 40 hrs/week Engineering Technician II 27.5224/36.9386 40 hrs/week Instrument Technician 31.9675/42.1791 40 hrs/week Lineworker Apprentice 23.7367/34.0205 40 hrs/week Lineworker First Class 32.7290/39.6250 40 hrs/week Materials Handler 26.3770/34.1924 40 hrs/week Meter Reader 19.3859/25.5225 40 hrs/week Meter Technician 27.1987/32.9122 40 hrs/week Payroll Clerk 17.7758/23.5229 40 hrs/week Power Dispatcher I 30.7068/40.5910 40 hrs/week Power Dispatcher II 33.8351/44.4444 40 hrs/week Power Plant Maintenance Mechanic 30.5208/38.7529 40 hrs/week Power Plant Operator 33.2929/39.3280 40 hrs/week Senior Accounting Clerk 19.6926/25.7957 40 hrs/week Senior Engineering Technician 32.8642/41.2114 40 hrs/week Senior Materials Handler 30.5989/39.8894 40 hrs/week Senior Meter Reader 22.0869/26.3711 40 hrs/week Senior Power Dispatcher 39.8510/51.7230 40 hrs/week Senior Power Plant Operator 37.3984/46.7852 40 hrs/week Senior Substation Technician 39.6994/42.3424 40 hrs/week Senior Water Maintenance Worker 24.8696/33.3929 40 hrs/week Grand Island Council Session - 10/10/2017 Page 36 / 285 ORDINANCE NO. 9655 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Substation Technician 37.6973/39.2418 40 hrs/week Systems Technician 34.5846/42.4335 40 hrs/week Tree Trim Crew Chief 30.1578/38.5387 40 hrs/week Utility Electrician 29.7562/39.2376 40 hrs/week Utility Groundman 20.0063/28.0000 40 hrs/week Utility Secretary 18.2740/25.7861 40 hrs/week Utility Technician 29.8950/40.1815 40 hrs/week Utility Warehouse Clerk 22.3419/27.8128 40 hrs/week Water Maintenance Worker 21.5145/29.2439 40 hrs/week Wireworker I 23.6029/34.1615 40 hrs/week Wireworker II 32.7290/39.6250 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 21.4478/32.8582 Police Sergeant 26.8440/40.3104 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, Grand Island Council Session - 10/10/2017 Page 37 / 285 ORDINANCE NO. 9655 (Cont.) - 8 - vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of thirty (30) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the Training and Special Events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the Training and Special Events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 19.9429/27.6524 212 hrs/28 days Firefighter / EMT 15.1020/21.9163 212 hrs/28 days Firefighter / Paramedic 17.0188/24.0361 212 hrs/28 days Life Safety Inspector 22.9354/32.5426 40 hrs/week Shift Commander 24.3197/31.8276 212 hrs/28 days Grand Island Council Session - 10/10/2017 Page 38 / 285 ORDINANCE NO. 9655 (Cont.) - 9 - IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.50) per hour.SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW- WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 18.2141/25.6290 40 hrs/week Equipment Operator – WWTP 18.4488/25.9593 40 hrs/week Maintenance Mechanic I 18.8178/26.4785 40 hrs/week Maintenance Mechanic II 21.8008/30.6760 40 hrs/week Maintenance Worker – WWTP 19.4706/27.3972 40 hrs/week Wastewater Clerk 15.5592/21.8931 40 hrs/week Wastewater Plant Laboratory Technician 20.3696/28.6620 40 hrs/week Wastewater Plant Operator I 18.3622/25.8377 40 hrs/week Wastewater Plant Operator II 20.4815/28.8197 40 hrs/week Employees covered under the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work swing shift will receive an additional 15 cents ($0.15) per hour; employees who are regularly scheduled to work graveyard shift will receive an additional 25 cents ($0.25) per hour for wages attributable to those shifts. One lead Maintenance Worker Grand Island Council Session - 10/10/2017 Page 39 / 285 ORDINANCE NO. 9655 (Cont.) - 10 - covered under the IBEW Wastewater Treatment Plant labor agreement may receive forty dollars ($40) per pay period stipend. SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-Service/Clerical labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 19.2314/25.6718 40 hrs/week Accounts Payable Clerk 17.7219/25.6402 40 hrs/week Administrative Assistant 20.0426/28.7466 40 hrs/week Administrative Assistant - Parks 20.0426/28.7466 40 hrs/week Audio Video Technician 19.8525/28.0067 40 hrs/week Building Inspector 22.3577/31.7228 40 hrs/week Community Development Administrator 21.8869/31.4690 40 hrs/week Community Development Specialist 20.0901/28.8148 40 hrs/week Computer Operator 23.8896/31.4043 40 hrs/week Community Service Officer 16.3821/22.3330 40 hrs/week Computer Programmer 24.1507/35.3935 40 hrs/week Computer Technician 24.6061/32.3470 40 hrs/week Crime Analyst 21.6518/30.7380 40 hrs/week Electrical Inspector 22.3577/31.7228 40 hrs/week Emergency Management Coordinator 20.0426/28.7466 40 hrs/week Engineering Technician – Public Works 21.6837/30.5812 40 hrs/week Evidence Technician 17.0568/24.9604 40 hrs/week Finance Secretary 17.4735/24.8327 40 hrs/week GIS Coordinator 27.8771/39.1170 40 hrs/week Maintenance Worker I – Building, Library 16.8177/22.7602 40 hrs/week Maintenance Worker II – Building, Police 17.7229/24.0253 40 hrs/week Planning Technician 24.0966/33.9028 40/hrs/week Grand Island Council Session - 10/10/2017 Page 40 / 285 ORDINANCE NO. 9655 (Cont.) - 11 - Plans Examiner 23.3529/33.1351 40 hrs/week Plumbing Inspector 22.3577/31.7228 40 hrs/week Police Records Clerk – Full Time 15.6742/21.8178 40 hrs/week Public Safety Dispatcher 16.9834/24.8081 40 hrs/week Shooting Range Operator 23.3967/31.7146 40 hrs/week Stormwater Program Manager 22.0597/31.1116 40 hrs/week A shift differential of $0.15 per hour shall be added to the base hourly wage for persons in the employee classification Public Safety Dispatcher who work any hours or a portion thereof between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of $0.25 per hour shall be added to the base hourly wage for persons who work rotating shifts covered by the IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator. All employees covered under the FOP labor agreement and are regularly assigned to a shift whose majority of hours occur between 1800 hours and 0600 hours, shall be paid an additional thirty-five cents ($0.35) per hour. SECTION 8. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. Each employee, covered by the IAFF labor agreement, after their first year, except Life Safety Inspector, will be credited five hundred twenty-five dollars ($525) annual credit to be Grand Island Council Session - 10/10/2017 Page 41 / 285 ORDINANCE NO. 9655 (Cont.) - 12 - used for the purchase of the uniform item purchases as needed. New hires will receive four hundred dollars ($400) credit for the purchase of initial uniforms. After probation they shall receive an additional five hundred dollars ($500) for the purchase of a Class A uniform or other items as necessary. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary at the rate of Three Hundred Twenty-five dollars ($325.00) semi-annually. If any such employee covered by the FOP labor agreement shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. New employees covered by the IBEW – Utilities labor agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one-time reimbursement up to $1,200 to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to -$700 in Years 1 and 2; in Year 3 eligible up to $1,000. The non-union position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of $700 in Years 1 and 2; in Year 3 eligible up to $1,000 to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of $350. Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Employees covered by the IBEW Service/Clerical labor agreement in the Community Service Officer Full Time position shall be paid a uniform allowance at the rate of $10.00 per pay period. Employees in the non-union Community Service Officer Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed $10.00 per pay period. Grand Island Council Session - 10/10/2017 Page 42 / 285 ORDINANCE NO. 9655 (Cont.) - 13 - Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08 per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing allowance of $650.00 per year, divided into 26 pay periods. Non-union employees and employees covered by the FOP labor agreement, the IAFF labor agreement, the IBEW Finance, Service/Clerical and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed $1,500 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities labor agreement shall be allowed a meal allowance for actual cost, or up to $12.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Employees covered by the FOP labor agreement who are directed to be on stand- by duty by the Chief of Police or Police Captain shall receive one (1) hour of straight time pay for each eight (8) hours of standby duty or fraction thereof, that occurs between regularly assigned duty shifts. In the event that an employee covered by the FOP labor agreement is called in to work while off duty, the employee shall be paid for a minimum of two (2) hours at one and one-half (1.5) the regular rate of pay and for any additional time worked thereafter. Grand Island Council Session - 10/10/2017 Page 43 / 285 ORDINANCE NO. 9655 (Cont.) - 14 - Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by the IBEW labor agreements and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay 60% of the actual cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of $15 biweekly. The City will reimburse 60% of the actual cost of providing up to 2 pairs of steel toe or safety toe boots that meets the ANSI standard per contract year for employees covered by the IBEW Wastewater Treatment Plant labor agreement. SECTION 9. Employees shall be compensated for unused medical leave as follows: (A) All employees covered in the IBEW Utilities labor agreements shall have a contribution to a VEBA made on their behalf for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed five hundred eighty-six and eighteen hundredths hours (calculated at 53% x 1,106 hours = 586.18 hours), the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement, with the exception of Life Safety Inspector, Grand Island Council Session - 10/10/2017 Page 44 / 285 ORDINANCE NO. 9655 (Cont.) - 15 - shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred ninety-eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Service/Clerical, IBEW Finance, and IBEW Wastewater Treatment Plant labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for twenty-five percent (25%) of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed 334.75 hours (calculated at 25% x 1,339 hours = 334.75 hours.) Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees hired before October 1, 2014 covered by the AFSCME labor agreement shall be paid thirty-five (35%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred sixty-eight and sixty-five hundredths hours (calculated at 35% x 1339 hours = 468.65 hours). Grand Island Council Session - 10/10/2017 Page 45 / 285 ORDINANCE NO. 9655 (Cont.) - 16 - Employees hired on or after October 1, 2014, covered by the AFSCME labor agreement will not receive compensation at retirement for unused medical leave. Employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred eighty hours (calculated at 37.5% x 1,280 hours = 480 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid one hundred percent (100%) of their accumulated medical leave bank at the time of their death, not to exceed one thousand two hundred eighty (1,280) hours, based on the employee’s salary at the time of their death. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of $30.00 per pay period. Employees represented by the IBEW Service/Clerical, IBEW Wastewater Treatment Plant, and IBEW Finance labor Grand Island Council Session - 10/10/2017 Page 46 / 285 ORDINANCE NO. 9655 (Cont.) - 17 - agreements shall have a contribution made on their behalf to the VEBA account of $15 per pay period. Employees represented by the IBEW Utilities labor agreement shall have a contribution made on their behalf to their VEBA account in the amount of $20.00 per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of $10 per pay period. SECTION 11. An employee, who is represented by the FOP labor agreement, shall annually receive longevity pay based upon the total length of service with the City. Such pay shall be effective beginning with the first full pay period following completion of the specified years of service. Payment shall be made on a prorated basis on each regular pay day. The following rate schedule shall apply: ten years (beginning 11th year) - $ 645.50; fifteen years (beginning 16th year) - $ 830.50; 20 years (beginning 21st year) - $1,032.50; twenty-five years (beginning 26th year) - $1,247.50. SECTION 12. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 13. The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law, effective October 2, 2017. SECTION 14. Those portions of Ordinance No. 9652 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Grand Island Council Session - 10/10/2017 Page 47 / 285 ORDINANCE NO. 9655 (Cont.) - 18 - Enacted October 10, 2017. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 48 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item F-2 #9656 - Consideration of Amending Chapter 5 of the Grand Island City Code Relative to Mini-Pigs Staff Contact: Jerry Janulewicz Grand Island Council Session - 10/10/2017 Page 49 / 285 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:October 10, 2017 Subject:Chapter 5 Code Changes Presenter(s):Jerry Janulewicz, City Attorney Background A citizen of Grand Island was found to be in possession of a mini-pig in violation of City Code. This citizen forwarded a request to the Animal Advisory Board to change City Code to allow citizens to have mini-pigs within the city limits. The Animal Advisory Board then met to discuss the proposed changes and to either approve or disapprove proposed changes. What is being presented tonight are the changes approved by the Animal Advisory Board. Discussion Codes regarding mini-pigs from numerous cities across the United States were examined for guidance in crafting code changes for Grand Island. A mini-pig will be limited to pure-bred animals of the species Sus Scrofa Domesticus. The five allowed breeds under this definition are the Vietnamese Potbellied, Juliana, African Pygmy (or Guinea Hog), Yucatan and Ossabow Island pigs. Owners of mini-pigs will be required to license their pigs just as owners of dogs and cats are required to license their animals. Mini-pigs are required to provide proof of a series of vaccinations specific to pigs before the pig can be licensed. Also, mini-pigs will be required to be on a leash just as dogs are required to be on a leash if off the owner’s property. People will only be allowed to have one mini-pig that is no more than 100 pounds fully grown and measuring 22 inches in height at the shoulder. When applying for a license for a mini-pig, the owner must: show written proof from a licensed veterinarian that by the age of four (4) months the mini-pig has been spayed or neutered and show documentation that the mini-pig is a pure-bred of one of the five allowable breeds. Mini-pigs are required to be vaccinated and blood tested annually. Veterinarians will be required to complete a certificate of vaccination and blood testing and then provide a copy of that certificate to the Animal Control Authority. If any mini-pig tests positive for Grand Island Council Session - 10/10/2017 Page 50 / 285 pseudorabies, brucellosis or other disease, the mini-pig is to be housed by the Animal Control Authority until it is cured of the disease. If the mini-pig cannot be cured, then the Animal Control Authority will destroy the mini-pig. Any housing of a mini-pig and/or destruction will be at the cost of the owner of the mini-pig. 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 Ordinance amending Chapter 5 of City Code allowing for mini-pigs. Sample Motion Move to approve Ordinance No. 9656. Grand Island Council Session - 10/10/2017 Page 51 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney ORDINANCE NO. 9656 An ordinance to amend Chapter 5 of Grand Island City Code; to amend Sections 5-1, 5-12, 5-34 and Section 5-38; to add Sections 5-58 through 5-67; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 5-1, 5-12, 5-34 and Section 5-38 of the Grand Island City Code are hereby amended to read as follows: CHAPTER 5 ANIMALS Article I. General §5-1. Definitions As used in this chapter, the following terms mean: Abandon. To leave any animal in one’s care, whether as owner or custodian, for any unreasonable length of time without making effective provision for its food, water, or other care as is reasonably necessary for the animal’s health. Animal. Any live, member of the Animal Kingdom with the following exceptions: Human beings; Animals that are sold commercially as food for human consumption; Animals that are slaughtered as food for human or animal consumption; Animals that are slaughtered or processed for human use; Animals that are used for scientific research conducted at commercial or academic facilities; Animals that are used as commonly acceptable bait for lawful fishing activities; or Vermin. Animal Abuse. To knowingly, willfully, intentionally or inhumanely kill, maim, injure, torture, or beat an animal with the following exceptions: Euthanization or treatment by a Veterinarian or at a Veterinary Hospital or Clinic; Euthanization or treatment at an Animal Control Facility; Killing or injuring by members of law enforcement or Animal Control Officers in the course of their duties; Killing or injuring by persons protecting themselves or others from potential death or serious injury; or Training or disciplining an animal using commonly accepted methods. Grand Island Council Session - 10/10/2017 Page 52 / 285 ORDINANCE NO. 9656 (Cont.) - 2 - Animal Control Authority. The entity contracted to enforce the City of Grand Island’s animal control laws. This also includes any law enforcement agencies authorized to enforce local, State, or Federal animal control laws. Animal Control Officer. Any person employed or designated by any Animal Control Authority or law enforcement agency to enforce local, State, or Federal animal control laws. Animal Shelter. Any facility operated by the City or by the duly authorized Animal Control Authority for the purpose of impounding or caring for animals held under the authority of this chapter. Anti-Escape Barrier. Any housing, fencing, or device humanely designed to prevent a dog from leaving an area. Apiary. A place where bee colonies are kept. Auctions Facility. Any commercial establishment place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this ordinance. This section does not apply to individual sales of animals by owners. Bedding. Dry material such as straw, cedar or wood chips, or any other absorbent material that provides insulation. Bee. Any stage of the common domestic honey bee, Apis Mellifera Species. Birds. Any feathered vertebrate, including pigeons, but excluding poultry. Bite. Any seizure with the teeth or mouth by an animal which causes injury or harm. Boarding Kennel. Any commercial facility used to house animals owned by persons other than the owner or operator. Breeder. Any person or entity engaged in breeding and/or selling more than ten (10) animals in any twelve (12) month period. Circus. A commercial variety show featuring animal acts for public entertainment. Colony. A hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood. Commercial Animal Establishment. Any pet shop, grooming shop, auction facility, riding school or stable, performing animal exhibition, or kennel with the following exceptions: Grand Island Council Session - 10/10/2017 Page 53 / 285 ORDINANCE NO. 9656 (Cont.) - 3 - An animal shelter; A veterinary hospital or clinic; A commercial facility that sells, slaughters, or processes animals; or A commercial or academic animal research facility. Cruelly mistreat. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise inflict harm upon any animal. Cruelly neglect. To fail to provide any animal in one’s care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal’s health. Dangerous Animal. An animal that has killed a human being; has inflicted injury on a human being that requires medical treatment, or has killed a domestic animal without provocation with the following exceptions: An animal that is provoked; An animal that is serving as a guard for persons or property; or An animal that kills or injures a person who is trespassing. Domestic animal. Shall mean a cat, a dog, or livestock. Enclosure. Any tract of land intended to restrain or contain an animal by means of a building, fence, or any other means. Fowl. Any poultry, other than pigeons. Grooming Shop. A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed. Health Department. The agency or organization the City contracts with or designates to enforce the provisions of Chapter 5 - Animals of the Grand Island City Code related to public health and welfare. Hive. A structure intended for the housing of a bee colony. Hybrid animal. Any animal which is the product of the breeding of a domestic dog with a nondomestic canine species. Humane killing. The destruction of an animal by a method which causes the animal a minimum of pain and suffering. Kennel. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats. Grand Island Council Session - 10/10/2017 Page 54 / 285 ORDINANCE NO. 9656 (Cont.) - 4 - Livestock. Any hoofed animal commonly associated with domestic agricultural purposes, including but not limited to: horses, mules, donkeys, cows, sheep, goats, llamas, hogs, bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds, or poultry. Medical treatment. Treatment administered by a physician or other licensed health care professional. Mini-pig. A pure-bred animal of the species Sus Scrofa Domesticus, commonly known as Vietnamese Potbellied, Juliana, African Pygmy (Guinea Hog), Yucatan or Ossabow Island pigs. Mutilation. Intentionally causing permanent injury, disfigurement, degradation of function, incapacitation, or imperfection to an animal. Mutilation does not include conduct performed by a veterinarian licensed to practice veterinary medicine and surgery in this state or conduct that conforms to accepted veterinary practices. Owner. Any person(s), or legal entity having permanent control of an animal or housing, feeding, or controlling an animal for more than three (3) days with the following exceptions: A boarding kennel; or A veterinarian, veterinary hospital, or veterinary clinic. Performing Animal Exhibition. Any spectacle, display, act, circus, fair, or event in which animals perform. Pet. Any animal kept for pleasure or companionship rather than solely for utility. Pet Shop. Any person, partnership, or corporation, whether operated separately or in connection with another business except for a licensed kennel, that buys, sells, or boards any species of animal. Potentially Dangerous Animal. (a) Any animal that when unprovoked: inflicts an injury on a human being that does not require medical treatment; or injures a domestic animal; or chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or (b) Any specific animal with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals. Restraint. Securing an animal by a leash or lead which results in it being under the control of owner or custodian or being confined within the real property limits of its owner or custodian. Grand Island Council Session - 10/10/2017 Page 55 / 285 ORDINANCE NO. 9656 (Cont.) - 5 - Riding School or Stable. Any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule, or burro. Running at Large. Any dog or other animal off outside the premises of its owner or custodian and not controlled by a leash, cord, chain, rope, cage or other suitable means of physical restraint. Shelter. Any structure with a roof and at least three (3) walls designed and capable of protecting and/or housing one or more animals while providing protection from the elements and affording any animal housed or protected in it, the space to sit, stand, lie down, and turn around. Torture. Intentionally subjecting an animal to pain, suffering, or agony with the following exceptions: 1.The slaughter of animals as food for human or animal consumption; 2.The slaughter or processing of animals for human use; 3.The use of animals for scientific research conducted at commercial or academic facilities; 4.The use of animals as commonly acceptable bait for lawful fishing activities; 5.The extermination of vermin; 6.The euthanization or treatment of an animal by a Veterinarian or at a Veterinary Hospital or Clinic; 7.The euthanization or treatment of an animal at an animal control facility; 8.The killing or injuring of animals by members of law enforcement or Animal Control Officers in the course of their duties; 9.The killing or injuring of animals by persons protecting themselves or others from potential death or serious injury; or 10.The training or disciplining of animals using commonly accepted methods. Vermin. Animals that infest places where humans live, work, or control and which are commonly considered objectionable, excluding animals used solely as feeder animals. Examples include but are not limited to rodents and insects. Wild Animal. Any animal that is native to a foreign country, of foreign origin or character, not native to the United States, not native to the State of Nebraska, and/or is any wild, poisonous, or potentially dangerous animal not normally considered domesticated, including but not limited to monkeys, raccoons, skunks, snakes and lions but excluding birds and those animals listed on the Approved Animal List. Grand Island Council Session - 10/10/2017 Page 56 / 285 ORDINANCE NO. 9656 (Cont.) - 6 - Article III. Animal Licenses §5-12. Registration Fee; Amounts; Delinquent (A) The owner of any dog, cat or mini-pig over the age of three months in the City of Grand Island shall pay an annual pet license fee for said animal. Such fee shall be adopted by the governing body and identified in the City of Grand Island Fee Schedule. The annual pet license as provided in this section shall be for the period of January 1 through December 31 of the licensing year. The pet license provided for by this section shall be secured by each new owner or new resident within thirty days of establishing residency in the City or after acquiring said animal, notwithstanding the fact that the dog, cat or mini-pig may have been registered within the annual period by a previous owner or that the dog, cat or mini- pig had been registered with another authority other than the City of Grand Island. (B) The fee required in (A) above shall become due on January 1 of the licensing year and shall become delinquent on February 1 of each year. The owner of any dog, cat or mini-pig in the City of Grand Island registering the same after said fee has become delinquent shall pay a surcharge in accordance with the fees adopted by the governing body identified in the City of Grand Island Fee Schedule. (C) No dog, cat or mini-pig shall be registered and licensed unless and until the owner shall display a certificate of a licensed veterinarian showing that such dog or cat has been vaccinated for rabies. No mini-pig shall be registered and licensed unless and until the owner shall show proof of vaccination as found in Section 5-64 as found below. (D) The owner of any dog, cat or mini-pig that has been declared “potentially dangerous” or “dangerous” shall pay, in addition to the pet license above, an annual kennel inspection fee. Such fee shall become due at the time of the declaration, and then shall be paid annually thereafter with the annual fee becoming due on January 1 of the year following the declaration, and shall become delinquent on February 1 of said year. The kennel inspection fee shall be adopted by the governing body and identified in the City of Grand Island Fee Schedule. Article VI. Animal Control §5-34. Running at Large; Restraint Required It shall be unlawful for any owner to suffer or permit any dog or other animal to run at large within the corporate limits of the City of Grand Island. "Running at Large" shall mean any dog or other animal off the premises of the owner and not under the immediate control of a person physically capable of restraining the animal by holding a leash, cord, chain, rope, cage or other suitable means of physical restraint or if the animal is out of doors on the premises of the owner, the animal shall be in an adequate fenced in area or securely fastened to a leash, chain, or trolley system that is of a size and weight appropriate to the size, weight and temperament of the animal to prevent the animal from leaving the owner's premises. It shall be the duty of the Animal Control Authority or other appropriate city law enforcement officer to impound any animal found running at large within the City of Grand Island. Every animal found running at large in violation of this or any other section of the Grand Island City Code is declared to be a public nuisance and may be impounded at the discretion of the Animal Control Authority or other appropriate city law enforcement officer. Grand Island Council Session - 10/10/2017 Page 57 / 285 ORDINANCE NO. 9656 (Cont.) - 7 - §5-38. Animal Noise (A) No owner shall allow conditions to exist on said owner's property whereby the owner's animal or animals annoy or disturb any neighborhood or any person by loud, continuous, or frequent barking, howling, yelping, crowing, oinking, squealing or grunting. (B) Owners will be subject to fine pursuant to §1-7 of this code, or Nuisance Owner declaration pursuant to §5-46 at the discretion of the Animal Control Authority or other law enforcement personnel. SECTION 2.CHAPTER 5 OF THE Grand Island City Code is hereby amended by adding the following: Article X. Mini-Pigs §5-58. Number and Size Restrictions. It shall be unlawful for any person to own, keep, or harbor at any time more than one mini-pig, as defined in Section 5-1 above, per residential or dwelling unit within the city limits. Further, it shall be unlawful for any person to own, keep or harbor any mini-pig reaching a size greater than 100 pounds in weight and/or 22 inches in height measured at the shoulder within the city limits. §5-59. Spaying/Neutering. It shall be unlawful to own, keep or harbor a mini-pig within the city limits that is not spayed or neutered if four (4) months of age or older. §5-60. Restraint. It shall be unlawful for the owner of any mini-pig within the city to fail to keep their mini-pig securely restrained by a leash, cord, chain, rope, trolley system, or fence sufficient to confine the mini-pig in or upon their premises. §5-61. Damaging Property of Others. It shall be unlawful for the owner of a mini-pig to allow or permit their mini-pig to damage property of others or cause bodily injury. If the owner is adjudged guilty of a violation of this section, the court may, in addition to the penalty provided for the violation of this Code, order such disposition or destruction of the offending mini-pig as may seem reasonable and proper. §5-62. License Application. Written application for a pet license as required by provisions of this Chapter shall be made to the Animal Control Authority, or other authorized agency. The contents of the application shall contain: (a) The name and address of the owner of the mini-pig; Grand Island Council Session - 10/10/2017 Page 58 / 285 ORDINANCE NO. 9656 (Cont.) - 8 - (b)The color, age and sex of the mini-pig; (c)Documentation signed by a licensed veterinarian indicating that, upon reaching the age of four (4) months, the mini-pig has been neutered or spayed; (d)Documentation of the breed of the mini-pig conforming to the definition of mini-pig as found in Section 5-1 above; and (e)Other such information as may identify the mini-pig. The applicant shall certify to the information contained in such application under penalty of law for the willful making of any untrue statement. §5-63. Date for Obtaining License. Licenses required by Section 5-12 shall be procured in conformance with the requirements of Section 5-12. §5-64. Vaccination Required. Every mini-pig required to be licensed by this Article shall be vaccinated by a veterinarian licensed to practice in the State of Nebraska for the following diseases: Four (4) to Six (6) Weeks of Age:Erysipelas bacterin Leptospira ( 5 or 6 serotypes) bacterin Atrophic rhinitis vaccine Eight (8) to Ten (10) Weeks of Age:Repeat above schedule (unless second vaccine already administered) Biannually:Booster leptospira bacterin Annually:Booster erysipelas bacterin Tetanus toxoid (if recommended by veterinarian) Booster atrophic rhinitis vaccine Young mini-pigs shall be vaccinated within thirty (30) days after they have reached two (2) months of age. Unvaccinated mini-pigs acquired or moved into the State must be vaccinated within thirty (30) days after purchase or arrival, unless under two (2) months of age as specified above. Subject to the above, every such mini-pig shall be revaccinated following a period of not more than twelve (12) months since its last vaccination. §5-65. Blood Tests Required. Every mini-pig required to be licensed by this article shall, no later than the age of eight (8) weeks, be blood tested to ensure that the animal is not carrying pseudorabies or brucellosis. Such testing shall be repeated annually thereafter. In the event the animal tests positive for either disease, the animal shall be held by the Animal Control Authority and treated until cured, or if Grand Island Council Session - 10/10/2017 Page 59 / 285 ORDINANCE NO. 9656 (Cont.) - 9 - the disease is incurable, the animal shall be destroyed. The cost of holding and, if necessary, destroying the animal shall be borne by the owner of the animal. §5-66. Certificate of Vaccination and Blood Testing. It shall be the duty of each veterinarian, at the time of vaccinating or blood testing any mini-pig, to complete a certificate of vaccination and blood testing, which shall include but not be limited to the following information: (a) The owner’s name and address; (b)An adequate description of the animal, including but not limited to such items as the animal’s sex, age, name, and distinctive markings; (c)The date of vaccination; (d)The vaccination tag number; (e)The type of vaccine administered; (f)The manufacturer’s serial number of the vaccine used. Such veterinarian shall issue a tag with the certificate of vaccination; (g)The date of blood testing; and (h)The results of the blood tests. The veterinarian shall make and provide a copy of each certificate issued to the Animal Control Authority at the time of its issuance. In the event blood tests reveal the presence of pseudorabies, brucellosis, or other disease, the veterinarian shall notify the Animal Control Authority immediately. §5-67. Penalty for Violations. Any person upon whom a duty is placed by the provisions of this Article who shall fail, neglect, or refuse to perform such duty, or who shall violate any of the provisions of this Article, shall be fined pursuant to §1-7 of this Code and the owner shall be subject to the provisions of §5-46 Nuisance Owner of this Code. Each day that a violation of any section of this chapter continues shall constitute a separate and distinct offense and shall be punishable as such. The penalties herein provided shall be cumulative with and in addition to any penalty or forfeiture elsewhere in this chapter provided. SECTION 3. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Grand Island Council Session - 10/10/2017 Page 60 / 285 ORDINANCE NO. 9656 (Cont.) - 10 - Enacted: October 10, 2017. ___________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 61 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item F-3 #9657 - Consideration of Property Exchange for Part of Sterling Estates 8th Subdivision for Part of Sterling Park in Sterling Estates 4th Subdivision This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 10/10/2017 Page 62 / 285 Approved as to Form ¤ ___________ December 14, 17 ¤ City Attorney ORDINANCE NO. 9657 An ordinance directing and authorizing the conveyance of property to Starostka Group Unlimited, Inc.; providing for the giving of notice of such conveyance and the terms thereof; providing for notice of public hearing held on acquisition; providing for the right to file a remonstrance against such conveyance; authorizing the execution and delivery of a deed; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City will convey to Starostka Group Unlimited, Inc., a Nebraska corporation, the City’s interests in and to the lands described as follows: The south ten (10) feet of Lot Six (6), Block Two (2), and the south ten (10) feet of Lot Twelve (12), Block One (1), all in Sterling Estates Eighth Subdivision in the City of Grand Island, Hall County, Nebraska; SECTION 2. Conveyance of the real estate above described to Starostka Group Unlimited, Inc. shall be by special warranty deed for and in consideration of the subdivision agreements for Sterling Estates Fourth and Sterling Estates Eighth Subdivision and for and in consideration of conveyance to the City of Grand Island the following described tracts, to wit: A part of Outlot A in Sterling Estates Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the Northeast (NE) corner of Lot Eight (8), Block Two (2) in Sterling Estates Fourth Subdivision; thence north along the east boundary of said Outlot A a distance of 10 feet; thence west on a line parallel with the north boundary of said Lot Eight (8), Block Two (2) a distance of 124.0 feet; thence south to the northwest (NW) corner of said Lot Eight (8), Block Two (2); thence Grand Island Council Session - 10/10/2017 Page 63 / 285 ORDINANCE NO. 9657 (Cont.) - 2 - east upon the north boundary of Lot Eight (8), Block Two (2) to the point of beginning; and The South 10 feet of Outlot B in Sterling Estates Fourth Subdivision in the City of Grand Island, Hall County, Nebraska; SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. As required by law, by enactment of this Ordinance, the City Council of the City of Grand Island does hereby authorize the acquisition of the above-described tracts by action taken in a public meeting after notice and public hearing. SECTION 5. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 6. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to Starostka Group Unlimited, Inc., a special warranty deed for said real Grand Island Council Session - 10/10/2017 Page 64 / 285 ORDINANCE NO. 9657 (Cont.) - 3 - estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 10, 2017. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 65 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item F-4 #9658 - Consideration of Vacating Ewoldt Subdivision for Part of Prairie Commons Subdivision This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Chad Nabity Grand Island Council Session - 10/10/2017 Page 66 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney ORDINANCE NO. 9658 An ordinance to vacate the plat for Ewoldt Subdivision; to provide for the recording of this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the plat dated April 10, 2006 and approved by the City of Grand Island, Nebraska, on March 28, 2006 for Ewoldt Subdivision is hereby vacated, excepting a portion of Rae Road right-of-way, Grand Island, Nebraska, and more particularly described as follows: Commencing at the Southeast (SE) corner of Ewoldt Subdivision, said point also being the point of beginning; thence on an assumed bearing of S88°06’49”W, along the south line of said Ewoldt Subdivision, a distance of 1207.02 feet to a point being the Southwest (SW) corner of said Ewoldt Subdivision; thence N02°02’57”W, along the west line of said Ewoldt Subdivision, a distance of 30.00 feet to a point on the north right-of-way line of Rae Road; thence N88°06’49”E, along said north right-of-way line of Rae Road and being parallel with the south line of Ewoldt Subdivision, a distance of 754.09 feet; thence N43°06’49”E, along said * This Space Reserved for Register of Deeds * Grand Island Council Session - 10/10/2017 Page 67 / 285 ORDINANCE NO. 9658 (Cont.) - 2 - right-of-way line of Rae Road, a distance of 28.28 feet; thence N88°06’49”E, parallel with the south line of Ewoldt Subdivision, a distance of 260.61 feet; thence S80°11’30”E, along said north right-of-way line of Rae Road a distance of 49.34 feet; thence N88°06’49”E, along said north right-of-way line of Rae Road, a distance of 124.36 feet to a point on the east line of said Ewoldt Subdivision and also being the west right-of-way line of U.S. Highway 281; thence S01°30’12”E, along said east line, a distance of 40.00 feet to the point of beginning. Said right- of-way contains a calculated area of 43595.20 square feet or 1.001 acres more or less. And also excepting existing easements as described in Utilities Easement, Doc. #92-103358, filed 4/21/1992 and Public Utility Easement Doc. #92-110912, filed 12/22/1992, all at the Hall County Register of Deeds. SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted October 10, 2017. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 68 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item F-5 #9659 - Consideration of Amending Ordinance No. 9642 Chapter 23 of the Grand Island City Code - Rental Car Occupation Tax to Renumber Sections 23-81 through 23-91 Staff Contact: Jerry Janulewicz Grand Island Council Session - 10/10/2017 Page 69 / 285 Council Agenda Memo From:Jerry Janulewicz, City Attorney Meeting:October 10, 2017 Subject:An Ordinance to Amend Ordinance No. 9642 Codified as Grand Island City Code Chapter 23, Article IX Rental Car Occupation Tax, Renumbering Sections 23-81 to 23- 91 Presenter(s):Jerry Janulewicz, City Attorney Background On August 15, 2017, the City Council enacted Ordinance No. 9642 codified as Grand Island City Code Chapter 23, Article IX Rental Car Occupation Tax. Subsequent to its enactment, city staff discovered an error in the numbering of Sections 23-81 to 23-91 as set forth in the ordinance. This error created overlapping code sections by number. City staff is recommending adoption of an ordinance to renumber the following sections in Chapter 23, Article IX Rental Car Occupation Tax: §23-81 renumbered as §23-87; §23-82 renumbered as §23-88; §23-83 renumbered as §23-89; §23-84 renumbered as §23-90; §23-85 renumbered as §23-91; §23-86 renumbered as §23-92; §23-87 renumbered as §23-93; §23-88 renumbered as §23-94; §23-89 renumbered as §23-95; §23-90 renumbered as §23-96; §23-91 renumbered as §23-97; Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Move to deny Grand Island Council Session - 10/10/2017 Page 70 / 285 Recommendation City Administration recommends that the Council approve amending Ordinance No. 9642 to renumber Sections 23-81 to 23-91. Sample Motion Move to Ordinance No. 9659. Grand Island Council Session - 10/10/2017 Page 71 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney ORDINANCE NO. 9659 An ordinance to amend Ordinance No. 9642 codified as Grand Island City Code Chapter 23, Article IX Rental Car Occupation Tax, renumbering Sections 23-81 to 23-91; to provide for continued effect of Ordinance No. 9642; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Ordinance No. 9642 codified as Chapter 23, Article IX, Rental Car Occupation Tax, of the Grand Island City Code is hereby amended by renumbering sections 23- 81 through 23-91 as follows: §23-81 is renumbered as §23-87; §23-82 is renumbered as §23-88; §23-83 is renumbered as §23-89; §23-84 is renumbered as §23-90; §23-85 is renumbered as §23-91; §23-86 is renumbered as §23-92; §23-87 is renumbered as §23-93; §23-88 is renumbered as §23-94; §23-89 is renumbered as §23-95; §23-90 is renumbered as §23-96; §23-91 is renumbered as §23-97; SECTION 2. Except as amended hereby, Ordinance No. 9642, enacted August 15, 2017, is and shall remain in full force and effect. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 10, 2017. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 72 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-1 Approving Minutes of September 26, 2107 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 10/10/2017 Page 73 / 285 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 26, 2017 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on September 26, 2017. Notice of the meeting was given in The Grand Island Independent on September 20, 2017. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, and Roger Steele. Councilmember Mike Paulick was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Jimenez, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Grace Johnson. INVOCATION was given by Pastor Rene Lopez, Iglesia de Dios, 2325 West State Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Presentation of the Food & Beverage Occupation Tax Oversight Committee Annual Report. Chairman of the Food and Beverage Occupation Tax Oversight Committee Ron Depue gave the Annual Report of the committee as required by city code. He gave a brief history of the tax and what it was to be spent on. After review of all records it was the committee’s opinion that funds comply with all requirements of City Ordinances and Agreements. The Committee’s recommendation was that in addition to providing the required quarterly reports, Grow Grand Island and the Foundation provide to the City and the Committee monthly written confirmation that all Tax Funds are fully insured or collateralized as required by the Agreement. Discussion was held concerning the Grow Grand Island piece of the agreement and the $500,000 they received from the City. BOARD OF EQUALIZATION: Motion by Minton, second by Nickerson to adjourn to the Board of Equalization. Motion adopted. #2017-BE-6 - Consideration of Determining Benefits for Sanitary Sewer District No. 538T; North Engleman Road. Public Works Director John Collins reported that work had been completed and connection fees had been calculated. The costs had been charged to the adjacent property owners and due when a property “taps” or connects to the sanitary sewer system. Staff recommended approval. Grand Island Council Session - 10/10/2017 Page 74 / 285 Page 2, City Council Regular Meeting, September 26, 2017 Motion by Donaldson, second by Fitzke to approve Resolution #2017-BE-6. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Minton, second by Hehnke to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Amending Chapter 36 of the Grand Island City Code to Include an R-3-SL Medium Density Residential Small Lot Zoning District. Regional Planning Department Director Chad Nabity reported that the Grand Island Area Habitat for Humanity and local developer Amos Anson had requested an addition to City Code. Two options were submitted to the Planning Commission. The option presented as recommended would create a district that would not only lowers the minimum lot size and width but allowed for town home type development in a regular zoning district Staff recommended approval. The following people spoke in support: Amos Anson, 4234 Arizona Avenue Brian Schultz, 812 West 15th Street Dana Jelinek, 502 West 2nd Street Bret Forsman, 4238 Vermont Avenue Larry Glasier, 4236 Utah Avenue Ron Jelinek, 616 Swan Lane Frank Vivian, 2418 Brahma Street Dan Phillips, 517 South Grant Street Harold Rosenkotter, 4110 Terrace Circle No further public testimony was heard. Public Hearing on Request to Rezone Part of Lot 1 and all of Lot 2 of Proposed Meadow Lane Seventh Subdivision between Highway 34 and Goldenrod Drive and West of Shady Bend Road from LLR Large Lot Residential to B-2 General Business (Niedfelt Property Management, LLC). Regional Planning Director Chad Nabity reported that Niedfelt Property Management, LLC submitted an application to rezone part of Lot 1 and all of Lot 2 of the proposed Meadow Lane Seventh Subdivision between Highway 34 and Goldenrod Drive west of Shady Bend Road from LLR Large Lot Residential to B-2 General Business. Staff recommended approval. The following people spoke in opposition: Elaine Dooley, 3060 Roselawn Drive Ray Dooley, 3060 Roselawn Drive Steve Spaulding, 3204 So. Shady Bend Road Judy Herzog, 3415 Conrad Drive Christie DePoorter, 3821 Conrad Drive spoke in support and Harold Rosenkotter, 4110 Terrace Circle spoke in a neutral position. Grand Island Council Session - 10/10/2017 Page 75 / 285 Page 3, City Council Regular Meeting, September 26, 2017 No further public testimony was heard. Public Hearing on Acquisition of Property at 523 East 19th Street (Butterfield). Public Works Director John Collins reported that a parcel of land was available for purchase at 523 East 19th Street which was directly south of property currently owned by the City. A Treasurer’s Tax Deed would be issued if approved by Council with closing costs of approximately $2,800.00. Staff recommended approval. No public testimony was heard. ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9653 - Consideration of Amending Chapter 36 of the Grand Island City Code to Include an R-3-SL Medium Density Residential Small Lot Zoning District #9654 - Consideration of Request to Rezone Part of Lot 1 and all of Lot 2 of Proposed Meadow Lane Seventh Subdivision between Highway 34 and Goldenrod Drive and West of Shady Bend Road from LLR Large Lot Residential to B-2 General Business (Niedfelt Property Management, LLC) be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9653 - Consideration of Amending Chapter 36 of the Grand Island City Code to Include an R-3-SL Medium Density Residential Small Lot Zoning District This item was related to the aforementioned Public Hearing. Discussion was held regarding the possible increase of students and what that would do to the schools. Mr. Nabity stated it would not increase the density of housing units. Lot sizes of 35’ versus 40’ were discussed. Motion by Donaldson, second by Nickerson to approve Ordinance #9653. City Clerk: Ordinance #9653 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9653 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9653 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 10/10/2017 Page 76 / 285 Page 4, City Council Regular Meeting, September 26, 2017 #9654 - Consideration of Request to Rezone Part of Lot 1 and all of Lot 2 of Proposed Meadow Lane Seventh Subdivision between Highway 34 and Goldenrod Drive and West of Shady Bend Road from LLR Large Lot Residential to B-2 General Business (Niedfelt Property Management, LLC) This item was related to the aforementioned Public Hearing. Motion by Haase, second by Stelk to refer Ordinance #9654 back to the Planning Commission. A lengthy discussion was held regarding a solution to the drainage problem on the north side of this property. Also mentioned were traffic problems and no turning lanes on Highway 34. Discussion was also held regarding stipulations on the zoning change. Mr. Nabity said the Planning Commission could not negotiate zoning changes but a majority of the issues regarding drainage related to maintenance. The drainage plan could be a part of the subdivision agreement. Motion by Stelk, second by Jones to amend the motion to have the Planning Commission review the drainage problems and make recommendations to the Council. Upon roll call vote, Councilmembers Steele, Fitzke, Hehnke, Haase, Jones, and Stelk voted aye. Councilmembers Minton, Donaldson, and Nickerson voted no. Motion adopted. The proposed access easement on the south side of the property was mentioned. Christie DePoorter stated they had originally planned this property as large lot residential but were looking at the best possible use of this property and drainage control. Steve Spaulding commented on concerns of retention cells and mitigating water problems on this property. Ray Dooley commented on water coming down on Highway 34. Upon roll call vote of the main motion, Councilmembers Steele, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Minton voted no. Motion adopted. CONSENT AGENDA: Motion by Minton, second by Hehnke to approve the Consent Agenda excluding item G-6 (Resolution #2017-257). Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of September 12, 2107 City Council Regular Meeting. Approving Garbage Permits for Heartland Disposal and Mid-Nebraska Disposal, Inc. and Refuse Permits for Full Circle Rolloffs and O’Neill Transportation and Equipment LLC. #2017-254 - Approving Preliminary Plat, Final Plat and Subdivision Agreement for Millennial Estates Subdivision. It was noted that Starostka Group Unlimited, Inc., owners, had submitted the Preliminary and Final Plat and Subdivision Agreement for Millennial Estates Subdivision located north of 13th Street and east of North Road for the purpose of creating 153 lots (preliminary) on 49.8 acres and 38 lots (final) on 15.68 acres. Grand Island Council Session - 10/10/2017 Page 77 / 285 Page 5, City Council Regular Meeting, September 26, 2017 #2017-255 - Approving Final Plat and Subdivision Agreement for Eberl Subdivision. It was noted that Rick and Michele Eberl, owners, had submitted the Final Plat and Subdivision Agreement for Eberl Subdivision located North of Fort Kearney Road and east of Beck Road in the two-mile extraterritorial jurisdiction for the purpose of creating 2 lots on 4.47 acres. #2017-256 - Approving Final Plat and Subdivision Agreement for Leifeld Second Subdivision. It was noted that Clinton Rempe, owner, had submitted the Final Plat and Subdivision Agreement for Leifeld Second Subdivision located west of Worms Road and north of “D” Road in the two- mile extraterritorial jurisdiction for the purpose of creating 2 lots on 10.27 acres. #2017-257 - Approving Final Plat and Subdivision Agreement for Meadow Lane Seventh Subdivision. Motion by Haase, second by Minton to refer this item back to the Planning Commission. Upon roll call vote, all voted aye. Motion adopted. #2017-258 - Approving Bid Award - Water Main District 470T - NE Highway 2 & North Road with Van Kirk Brothers Contracting of Sutton, Nebraska in an Amount of $142,285.24. #2017-259 - Approving Acquisition of Property at 523 E 19th Street (Butterfield). #2017-260 - Approving Purchase and Installation of Belt Filters for the Wastewater Division of the Public Works Department from National Filter Media (NFM) of Winthrop, ME in an Amount of $22,825.60. #2017-261 - Approving Bid Award for Drainage Ditch Grading, Excavating, and Hauling 2018 with Harders Dozer and Scraper, LLC of Cairo, Nebraska; Klingman Irrigation Services of Grand Island, Nebraska; Dobesh Land Leveling, LLC of Grand Island, Nebraska; and Starostka Group Unlimited, Inc. of Grand Island, Nebraska. #2017-262 - Approving Bid Award for Final Clarifier No. 3 Skimmer Arm Assemblies (Replacement) for the Wastewater Division of the Public Works Department with Fab Tech Wastewater Solutions, LLC of O’Fallon, Missouri in an Amount of $38,000.00. #2017-263 - Approving Agreement for Engineering Consulting Services Related to Lift Station No. 11 Relocation and Force Main Reroute with Olsson Associates of Grand Island, Nebraska in an Amount of $128,342.00. #2017-264 - Approving Change Order No. 2 for North Broadwell Avenue Drainage Project No. 2017-D-3 with The Diamond Engineering Company of Grand Island, Nebraska for an Increase of $8,328.00 and a Revised Contract Amount of $148,689.50. #2017-265 - Approving Annual Payment for Utility Billing Software Support with N. Harris Computer Corporation dba Advanced Utility Systems of Chicago, Illinois in an Amount of $73,130.89. Grand Island Council Session - 10/10/2017 Page 78 / 285 Page 6, City Council Regular Meeting, September 26, 2017 RESOLUTIONS: #2017-266 - Consideration of Benefits for Sanitary Sewer District No. 538T; North Engleman Road. This item was related to the aforementioned Board of Equalization. Randy Skarka, 3803 Orleans Drive wanted to know where to pay his assessment. Motion by Haase, second by Donaldson to approve Resolution #2017-266. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Fitzke to approve the payment of claims for the period of September 13, 2017 through September 26, 2017 for a total amount of $8,145,173.41. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:14 p.m. RaNae Edwards City Clerk Grand Island Council Session - 10/10/2017 Page 79 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-2 Approving Appointment of Robert Thomas to the Tree Board Mayor Jensen has submitted the appointment of Robert Thomas to the Tree Board to replace Gregg Bostelman. The appointment would become effective immediately upon approval by the City Council and would expire on July 31, 2018. Staff Contact: Mayor Jeremy Jensen Grand Island Council Session - 10/10/2017 Page 80 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-3 #2017-267 - Approving Request from Whitey’s, Inc. dba Whitey’s Sports Bar & Grill, 2118 No. Webb Road for a 20’ x 20’ Addition to their “Class C” Liquor License This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 10/10/2017 Page 81 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-267 WHEREAS, an application was filed by Whitey’s, Inc. doing business as Whitey’s Sports Bar & Grill, 2118 North Webb Road for a 20’ x 20’ addition for storage use only to their Class "C-093291" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on September 30, 2017; such publication cost being $18.99; and WHEREAS, a public hearing was held on October 10, 2017 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 82 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-4 #2017-268 - Approving Request from Irish Pub of Grand Island, Inc. dba McKinney’s Irish Pub, 123 West 3rd Street for a Class “CK” Liquor License and Liquor Manager Designation for Nathan Stewart, 5230 West Thatcher Lane, Lincoln, NE This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 10/10/2017 Page 83 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-268 WHEREAS, an application was filed by Irish Pub of Grand Island, Inc. doing business as McKinney’s Irish Pub, 123 West 3rd Street for a Class "CK" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on September 30, 2017; such publication cost being $18.49; and WHEREAS, a public hearing was held on October 10, 2017 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Nathan Stewart, 5230 West Thatcher Lane, Lincoln, Nebraska as liquor manager of such business contingent upon completion of a state approved server/training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 84 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-5 #2017-269 - Approving Purchase of Electrical Circuit Breakers Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/10/2017 Page 85 / 285 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:October 10, 2017 Subject:Electrical Circuit Breakers, Contract #17-PCC-01 Presenter(s):Tim Luchsinger, Utilities Director Background The Grand Island electric system utilizes several 13,800 volt substations at various locations around the City. These substations contain, among other components, distribution electrical circuit breakers that interrupt power to different areas of the City when trouble on that circuit occurs. Additionally, substations have bus circuit breakers that interrupt power to a larger area of the City in the event the distribution circuit breaker fails. As the breakers age, replacement components become difficult or impossible to find. In addition, technical advances in breaker design make it more economical to replace old and worn out breakers with new ones. Several breakers have reached an age that warrants replacement. Discussion The request was advertised in accordance with City procurement requirements. Specifications were sent to seven regional distributors. Bids were publicly opened at 2:00 pm on September 19, 2017. Listed below is a tabulation of the bids received: Bids Received for four (4) 15.5 kV Bus Circuit Breakers Bidder Exceptions Bid Price Siemens Industry, Inc. Wendell, NC Noted $ 87,457.52 Wesco Distribution, Inc. Sioux City, IA Noted $139,172.76 Grand Island Council Session - 10/10/2017 Page 86 / 285 Bids Received for two (2) 15.5 kV Distribution Circuit Breakers Bidder Exceptions Bid Price Siemens Industry, Inc. Wendell, NC Noted $31,098.48 Wesco Distribution, Inc. Sioux City, IA Noted $39,491.56 Note: All prices have been adjusted to include sales tax. Both bids were evaluated by City personnel for conformance to the specifications. The lowest bid for bus circuit breakers from Siemens Industry, Inc., contained several exceptions. One notable exception is the type of operating mechanism provided. The specifications called for an electromagnetic operator instead of the traditional spring charge mechanism. Electromagnetic operators have been available for several years and offer a significant reduction in required maintenance due to very few moving parts. The traditional spring charge mechanisms are very complex mechanical machines that have many moving parts and require very precise maintenance to keep them working properly. In addition, the bus breaker specification called for higher voltage bushings with wider spacing to reduce the chances of outages due to birds. Siemens took exception to that requirement as well. The bid from Siemens was considered non-compliant. The bus breaker bid from Wesco Distribution, Inc., included some minor but acceptable exceptions. Both bids for distribution circuit breakers contained minor exceptions. None were disqualifying. Both bids were under the engineer’s estimate of $200,000.00. 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 a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of four (4) 15.5 kV bus circuit breakers from Wesco Distribution, Inc., for $139,172.76 and two (2) 15.5 kV distribution circuit breakers from Siemens Industry, Inc., for $31,098.48. Grand Island Council Session - 10/10/2017 Page 87 / 285 Sample Motion Move to approve the purchase of four (4) 15.5 kV bus circuit breakers from Wesco Distribution, Inc., for $139,172.76 and two (2) 15.5 kV distribution circuit breakers from Siemens Industry, Inc., for $31,098.48. Grand Island Council Session - 10/10/2017 Page 88 / 285 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 19, 2017 2:00 p.m. FOR:Electrical Circuit Breakers DEPARTMENT:Utilities ESTIMATE:$200,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:August 30, 2017 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:Wesco Distribution INC Siemens Sioux City, IA Wendell, NC Bid Security:Liberty Mutual Federal Insurance Exceptions:None None Bid Price: Bus Breakers:$130,068.00 $ 81,736.00 Feeder Breakers:$ 36,908.00 $ 29,064.00 Sales Tax:$ 11,688.32 $ 7,756.00 Total Bid:$178,664.32 $118,556.00 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Travis Burdett, Assist. Utilities Director P1993 Grand Island Council Session - 10/10/2017 Page 89 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-269 WHEREAS, the City of Grand Island invited quotes for Electrical Circuit Breakers, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 19, 2017, quotes were received, opened and reviewed; and WHEREAS, Wesco Distribution, Inc., of Sioux City, Iowa, submitted a quote for four 15.5 kV bus circuit breakers in the amount of $139,172.76; and WHEREAS, Siemens Industry, Inc., of Wendell, North Carolina, submitted a quote for two (1) 15.5 kV distribution circuit breakers in the amount of $31,098.48; and WHEREAS, the quotes from Wesco Distribution, Inc., and Siemens Industry, Inc., were less than the engineer’s estimate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of four (4) 15.5 kV bus circuit breakers from Wesco Distribution, Inc., for $139,172.76 and two (2) 15.5 kV distribution circuit breakers from Siemens Industry, Inc., for $31,098.48, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 90 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-6 #2017-270 - Approving Bid Award - Tree Trimming Project 2018- TT-1 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/10/2017 Page 91 / 285 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:October 10, 2017 Subject:Tree Trimming Contract 2018-TT-1 Presenter(s):Tim Luchsinger, Utilities Director Background Specifications for Tree Trimming Contract 2018-TT-1 were prepared for trimming trees from around powerlines throughout the Utilities Department’s Electrical Service Area. The work by private firms helps maintain the proper clearances for safe operation of the approximately 600 miles of electrical transmission and distribution lines. Discussion Fifteen sections across the Service Area were selected for inclusion in this year’s project. The work was publicly advertised and notification went to ten potential firms. One bid was received and publicly opened on September 28, 2017. The project’s estimate was $150,000.00. The bid from Leetch Tree Service has been reviewed and evaluated. It is without exceptions and is compliant with the specifications. Section Amount 1 $18,000.00 2 $ 8,650.00 3 $ 5,750.00 4 $ 6,975.00 5 $ 8,350.00 6 $14,900.00 7 $10,900.00 8 $ 8,875.00 9 $ 8,975.00 10 $15,900.00 11 $ 4,750.00 Section Amount Grand Island Council Session - 10/10/2017 Page 92 / 285 12 $ 4,400.00 13 $ 7,300.00 14 $16,300.00 15 $37,450.00 The project’s specifications provide for the City to select any or all sections to be awarded under this contract. It is recommended that Sections One (1) through Fourteen (14) be awarded in the amount $140,025.00. 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 award sections One (1) through Fourteen (14) of Tree Trimming Contract 2018-TT-1 to the low responsive bidder, Leetch Tree Service, LLC, of Grand Island, Nebraska in the amount of $140,025.00. Sample Motion Move to approve Tree Trimming Contract 2018-TT-1, Sections One (1) through Fourteen (14), to Leetch Tree Service, LLC, in the amount of $140,025.00. Grand Island Council Session - 10/10/2017 Page 93 / 285 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 28, 2017 at 2:15 p.m. FOR:Tree Trimming Contract 2018-TT-1 DEPARTMENT:Utilities ESTIMATE:$150,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:September 8, 2017 NO. POTENTIAL BIDDERS:10 SUMMARY Bidder:Leetch Tree Services Grand Island, NE Bid Security:Western Surety Co. Exceptions:None Bid Price: Section 1:$18,000.00 Section 2:$ 8,650.00 Section 3:$ 5,750.00 Section 4:$ 6,975.00 Section 5:$ 8,350.00 Section 6:$14,900.00 Section 7:$10,900.00 Section 8:$ 8,875.00 Section 9:$ 8,975.00 Section 10:$15,900.00 Section 11:$ 4,750.00 Section 12:$ 4,400.00 Section 13:$ 7,300.00 Section 14:$16,300.00 Section 15:$37,450.00 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator Renae Jimenez, Finance Director Stacy Nonhof, Purchasing Agent Bryan Fiala, Electric Distribution Supt. P1995 Grand Island Council Session - 10/10/2017 Page 94 / 285 Grand Island Council Session - 10/10/2017 Page 95 / 285 Tree Trimming Contract 2018-TT-1 Bids Received 9/28/2017 Budget Amount = $150,000.00 The City may select any or all sections to be awarded in this Contract. or - The City may award to a single Contractor for all sections or - award to multiple Contractors by individual section. Leetch Tree Service, LLC Section Grand Island, NE Section to be Awarded 1 $18,000.00 $18,000.00 2 $8,650.00 $8,650.00 3 $5,750.00 $5,750.00 4 $6,975.00 $6,975.00 5 $8,350.00 $8,350.00 6 $14,900.00 $14,900.00 7 $10,900.00 $10,900.00 8 $8,875.00 $8,875.00 9 $8,975.00 $8,975.00 10 $15,900.00 $15,900.00 11 $4,750.00 $4,750.00 12 $4,400.00 $4,400.00 13 $7,300.00 $7,300.00 14 $16,300.00 $16,300.00 15 $37,450.00 --- Total for All Sections Bid $177,475.00 $140,025.00 ************************************************************************************************************* Exceptions Noted.none Grand Island Council Session - 10/10/2017 Page 96 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-270 WHEREAS, the City of Grand Island invited sealed bids for Tree Trimming Project 2018-TT-1 for the Utilities Department, according to the plans and specifications on file with the Utilities Department; and WHEREAS, on September 28, 2017, a single compliant bid was received, opened and reviewed; and WHEREAS, the requested work has been divided into Fifteen (15) sections in order to achieve the best and lowest cost, and to expedite the completion of the work; and WHEREAS, Leetch Tree Service of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $140,025.00 for Fourteen (14) out of Fifteen (15) Sections of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: The bid from Leetch Tree Service in the amount of $140,025.00, for Fourteen (14) Sections of the contract is hereby approved as the lowest responsive bid submitted. A contract for such project be entered into between the City and Leetch Tree Service; and 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, October 10, 2017. ______________________________ Jeremy L. Jensen, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 97 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-7 #2017-271 - Approving Bid Award - Water Main Project 2018-W-2 - Ingalls - Louise - Yund - Division & Cherry Streets Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/10/2017 Page 98 / 285 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant Utilities Director Meeting:October 10, 2017 Subject:Water Main Project 2018-W-2 Ingalls – Louise – Division - Yund & Cherry Streets Presenter(s):Timothy Luchsinger, Utilities Director Background In the late 1940’s – early 1950’s, very small diameter water lines were installed. These were sufficient to serve homes during that era. However, domestic water usage has changed over the past 65 years due to requirements for fire protection, lawn irrigation and general life styles. Even with conservation and more efficient appliances, these small diameter lines do not meet modern requirements. Water Main Project 2018-W-2 will replace the existing 2” and 4” diameter water lines in two of these areas within the City. The work was identified in the Utilities Department’s Master Plan as a needed improvement along Ingalls Street and Louise Street and the other being along Yund Street, Cherry Street and Division Street. The work will improve capacity and fire protection for the existing areas. Discussion Bidding documents were advertised in accordance with City Procurement Codes. A total of 12 plan service firms and construction companies were notified of the project. Three bids were received and publicly opened at 2:00 p.m., on September 28, 2017. The engineer’s estimate for this project is $365,000. The bids have been reviewed, evaluated and tabulated below: Bidder Bid Security Exceptions Evaluated Bid Price The Diamond Engineering Co. Grand Island, NE Universal Surety Co. None $209,049.95 Starostka Group Unlimited Grand Island, NE Western Surety Co.None $274,558.81 Myers Construction, Inc. Broken Bow, NE Inland Insurance Co.None $299,826.32 Grand Island Council Session - 10/10/2017 Page 99 / 285 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 award the contract for construction of Water Main Project 2018-W-2 to the Diamond Engineering Company, of Grand Island, Nebraska, in the amount of $209,049.95. Sample Motion Move to approve the bid from The Diamond Engineering Company for Water Main Project 2018-W-2 construction in the amount of $209,049.95. Grand Island Council Session - 10/10/2017 Page 100 / 285 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 28, 2017 at 2:00 p.m. FOR:Water Main Project 2018-W-2 DEPARTMENT:Utilities ESTIMATE:365,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:September 11, 2107 NO. POTENTIAL BIDDERS:12 SUMMARY Bidder:Myers Construction, Inc.The Diamond Engineering Company Broken Bow, NE Grand Island, NE Bid Security:Inland Insurance Co.Universal Surety Co. Exceptions:None None Bid Price:$299,826.32 $209,049.95 Bidder:Starostka Group Unlimited, Inc. Grand Island, NE Bid Security:Western Surety Co. Exceptions:None Bid Price:$274,558.81 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator Renae Jimenez, Finance Director Stacy Nonhof, Purchasing Agent Jamie Royer, Civil Engineer 1 P1998 Grand Island Council Session - 10/10/2017 Page 101 / 285 Grand Island Council Session - 10/10/2017 Page 102 / 285 Grand Island Council Session - 10/10/2017 Page 103 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-271 WHEREAS, the City of Grand Island invited sealed bids for construction of Water Main Project 2018-W-2 – Ingalls, Louise, Yund, Cherry, and Division Streets, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 28, 2017, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $209,049.95; and WHEREAS, the bid of The Diamond Engineering Company is less than the estimate for construction of Water Main Project 2018-W-2. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company in the amount of $209,049.95 for construction of Water Main Project 2018-W-2, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 104 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-8 #2017-272 - Approving Bid Award - Purchase of Sulfuric Acid with Telemetry Program Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/10/2017 Page 105 / 285 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:October 10, 2017 Subject:Purchase of Sulfuric Acid with Telemetry Program Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Platte Generating Station utilizes a cooling tower, condenser and circulating piping as part of the plant’s cooling water system. The cooling tower uses heat exchangers to dissipate large heat loads to the atmosphere. Bulk sulfuric acid at the Platte Generating Power Plant is used for the pH control of the cooling tower system. The system’s cooling water impurities are concentrated through an evaporative cooling process and requires chemical treatment to prevent scaling, corrosion, and contamination and assists with conductivity. Depending on the time of year and the production load, approximately 140 gallons are used per day. The current contract to provide the additive is complete. A telemetry system installed by the supplier allows the tank level to be monitored by the supplier and shipments to be scheduled accordingly. Plant staff developed specifications for the purchase of sulfuric acid and issued for bid. Discussion The Utilities Department solicits bids annually for the sulfuric acid. The specifications require a firm price for the product to maintain the guaranteed dose rate. Bids were publicly opened on September 26, 2017. Two bids were received as listed below. The engineer’s estimate for this project was $100,000.00. Bidder Unit Price/Ton Taxes Estimated Annual Cost Telemetry Program Adjusted Bid Price Univar Omaha, NE $182.00 $12.74 $71,469.58 $0.00 $71,469.58 Brenntag Great Lakes Omaha, NE $158.00 $ 8.69 $45,839.75 $0.00 $45,839.75 Grand Island Council Session - 10/10/2017 Page 106 / 285 Department staff has reviewed the bids for compliance with the City’s detailed specifications. The bids were evaluated based upon the unit cost per ton and the cost of installing a telemetry program. Brenntag Great Lakes 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 Recommendation City Administration recommends that the purchase of Sulfuric Acid with Telemetry Program be awarded to Brenntag Great Lakes from Omaha, Nebraska, as the low responsive bidder, for a cost of $158.00 per ton; an annual cost estimate of $45,839.75; and the installation of the telemetry monitoring system at no cost. Sample Motion Move to approve the bid award for Purchase of Sulfuric Acid with Telemetry Program in the amount of $158.00 per ton per gallons of treated water, to Brenntag Great Lakes of Omaha, Nebraska. Grand Island Council Session - 10/10/2017 Page 107 / 285 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 26, 2017 at 2:00 p.m. FOR:Purchase of Sulfuric Acid with Telemetry Program DEPARTMENT:Utilities ESTIMATE:$100,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:September 14, 2017 NO. POTENTIAL BIDDERS:3 SUMMARY Bidder:Brenntag Great Lakes, LLC UNIVAR Omaha, NE Travelers Casualty & Surety Co. Bid Security:Cashier’s Check Kent, WA Exceptions:None Noted Unit Price:$158.00 $182.00 Sales Tax:$ 8.69 per ton $ 12.74 per ton Annual Est. Cost:$45,839.75 $71,469.58 Telemetry Cost: -0- -0- cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator Renae Jimenez, Finance Director Stacy Nonhof, Purchasing Agent Scott Sekutera, Reg. & Environ. Mgt. Karen Nagel, Utilities Secretary P2001 Grand Island Council Session - 10/10/2017 Page 108 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-272 WHEREAS, the City of Grand Island invited sealed bids for the Purchase of Sulfuric Acid with Telemetry Program, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 26, 2017, bids were received, opened and reviewed; and WHEREAS, Brenntag Great Lakes of Omaha, 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 cost of $158.00 per ton; an annual estimate of $45,839.75; and WHEREAS, the bid of Brenntag Great Lakes is less than the estimate for the Purchase of Sulfuric Acid with Telemetry Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Brenntag Great Lakes, in the cost of $158.00 per ton, for the Purchase of Sulfuric Acid with Telemetry Program, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 109 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-9 #2017-273 - Approving Change Order No. 2 for Curb Ramp Project No. 2017-CR-2 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/10/2017 Page 110 / 285 Council Agenda Memo From:Keith Kurz P.E., Assistant Public Works Director Meeting:October 10, 2017 Subject:Approving Change Order No. 2 for Curb Ramp Project No. 2017-CR-2 Presenter(s):John Collins PE, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $150,354.00 contract on April 11, 2017, via Resolution No. 2017-111 for Curb Ramp Project No. 2017-CR-2. On September 12, 2017, via Resolution No. 2017-245, City Council approved a time extension on this project from September 1, 2017 to October 1, 2017 with no adjustment in the contract amount. This project focused on installation of curb ramps along a portion of Custer Avenue, North Front Street, as well as an intersection on 1st Street. Discussion During construction it has been found that additional work is needed at the intersection of Custer Avenue and North Front Street to modify and rebuild a curb inlet. In addition to the curb inlet work the installation of the handicap ramps at the intersection of 5th Street and Custer Avenue caused the sidewalk slope not to match up with the yard of the adjacent property at 422 N Custer Avenue. A retaining wall is recommended at this location to prevent erosion from the resident’s yard. To allow for the additional work to take place it is requested the contract be extended to November 1, 2017. Change Order No.2 covers the materials, labor, equipment and time for such additional work on this project. The extra work adds a total cost of $7,670.00 to the project, resulting in a revised contract amount of $158,024.00. There are sufficient funds in Account No. 21000001-2100-40004. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 10/10/2017 Page 111 / 285 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 Change Order No. 2 for Curb Ramp Project No. 2017-CR-2. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/10/2017 Page 112 / 285 City of Grand Island CHANGE ORDER NUMBER 2 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: October 10, 2017 PROJECT: Curb Ramp Project No. 2017-CR-2 CONTRACTOR: The Diamond Engineering Company CONTRACT DATE: April 11, 2017 To address modification and rebuild of curb inlet at the intersection of Custer Avenue and North Front Street. Modify junction box into a curb inlet at northwest corner of Custer Avenue & North Front Street $ 1,650.00 LS Rebuild upper half of curb inlet at southwest corner of Custer Avenue & North Front Street $ 2,220.00 LS Build block retaining wall at 422 North Custer Avenue $ 3,800.00 LS Change Order No. 2 Total =$ 7,670.00 The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order .....................................................................................$150,354.00 Net Increase/Decrease Resulting from this Change Order .............................................................$ 7,670.00 Revised Contract Price Including this Change Order................................................................$158,024.00 Notice to Proceed Date ---------------------------------------------------------------------------------------- April 18, 2017 Original Completion Date ------------------------------------------------------------------------------------- September 1, 2017 Revised Completion Date ---------------------------------------------------------------------------------- November 1, 2017 Approval Recommended: By_______________________________________ John Collins PE, Public Works Director Date The Above Change Order Accepted:Approved for the City of Grand Island: The Diamond Engineering Company ____ By_________________________________ Contractor Jeremy L. Jensen, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Grand Island Council Session - 10/10/2017 Page 113 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-273 WHEREAS, on April 11, 2017, via Resolution 2017-111, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $150,354.00 for Curb Ramp Project No. 2017-CR-2; and WHEREAS, on September 12, 2017, via Resolution No. 2017-245, City Council approved Change Order No. 1 allowing for a time extension to October 1, 2017; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 2, and WHEREAS, the result of such modifications will increase the contract amount by $7,670.00, resulting in a revised contract amount of $158,024.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 2 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications set out as follows: Modify junction box into a curb inlet at northwest corner of Custer Avenue & North Front Street $ 1,650.00 LS Rebuild upper half of curb inlet at southwest corner of Custer Avenue & North Front Street $ 2,220.00 LS Build block retaining wall at 422 North Custer Avenue $ 3,800.00 LS Change Order No. 2 Total =$ 7,670.00 Revised Completion Date ------------------------------------------------------- November 1, 2017 - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 114 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-10 #2017-274 - Approving Inter-Local Agreement with Hall County for Roadway Snow Removal Services in and Around Grand Island Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/10/2017 Page 115 / 285 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:October 10, 2017 Subject:Approving Inter-local Agreement with Hall County for Roadway Snow Removal Services in and around Grand Island Presenter(s):John Collins PW, Public Works Director Background Council approval is required before entering into an agreement. Pursuing an inter-local agreement between governmental entities is an efficient means of collaborating efforts to better our community. Discussion The City of Grand Island Streets Division and Hall County Highway Department wish to create a partnership for providing snow removal and ice control services in and around Grand Island. The agreement has three (3) main components: 1.Exchanging snow removal and ice control services on rural cross section roadways in and around Grand Island, detailed in Exhibit A, for an annual payment of $500.00 per mile. This exchange will the provide more efficient snow plowing routes, ice control routes and “turn around” locations, address roadways in which jurisdiction is intermittent, and increase overall level of service by matching the roadway’s traffic volume and lane configuration to the appropriate agency’s operation. Hall County’s snow and ice control operation is set up for long stretches of rural cross section roadways with low volumes of traffic and the City of Grand Island’s operation focuses on shorter stretches of multi-lane roadways with higher traffic volumes. There will be an upfront cost of approximately $7,400.00 for these route changes but overall the City will benefit by receiving a higher level of snow removal service from the Streets Division staff on higher volume roadways since the total snow route mileage will be less and the focus can remain on main arterials. The reduction in City route mileage will also correspond to a reduction in ice control material and fuel usage which will save the City money throughout the winter season. Grand Island Council Session - 10/10/2017 Page 116 / 285 2.Exchanging City mowing services for County snow removal and ice control services in lieu of cash payment. The sections listed in Exhibit A have been maintained in this manner per historic “hand shake” agreements – this will formalize and make the agreements official. 3.Hall County providing additional equipment and operators to the City of Grand Island for residential area snow removal and, if necessary, arterial roadway snow removal. The City will reimburse the County for the services at a combined hourly rate comprised of the FEMA equipment hourly rental rate plus actual hourly operator costs. These services will be provided only when Hall County has completed their own snow removal operations for each storm. This section of the agreement addresses the need for Hall County equipment and operators in extreme emergency situations like the blizzard in February 2016. This will also allow the City and County to partner regularly on residential area snow removal in which the City has historically hired contract labor to assist. The partnership will provide a higher level of service for residents of Grand Island as the County owns/operates a greater amount of large equipment than the contractors that have bid on City snow removal in past years. Comparing motor grader and front end loader hourly costs for the last two (2) years of awarded contractor snow removal and Hall County’s snow removal assistance received during the 2016 blizzard, the City of Grand Island has a potential average cost savings over $50.00 per hour per machine by partnering with Hall County for the additional operated equipment. There will also be an operational cost savings for the City with a decreased amount of labor hours and fuel usage. 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 inter-local agreement with Hall County and pass a Resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve the inter-local agreement with Hall County. Grand Island Council Session - 10/10/2017 Page 117 / 285 INTERLOCAL COOPERATIVE AGREEMENT FOR ROADWAY SNOW REMOVAL SERVICES IN AND AROUND GRAND ISLAND, NEBASKA BY AND BETWEEN THE COUNTY OF HALL, NEBRASKA AND THE CITY OF GRAND ISLAND, NEBRASKA THIS AGREEMENT is made and entered into by and between the COUNTY of Hall, Nebraska, a body politic and corporate and a political subdivision of the State of Nebraska, hereinafter referred to as the “COUNTY”, and the CITY of Grand Island, Nebraska, a body politic and corporate and a political subdivision of the State of Nebraska, hereinafter referred to as the “CITY”, WITNESSTH: WHEREAS, the Interlocal Cooperation Act, NEB. REV. STAT. § 13-801, et seq. provides that units of local government of the State of Nebraska and Nebraska state agencies may enter into agreement for the joint and cooperative exercise of powers, privileges, or authority capable of being exercised by either agency; and WHEREAS, the Interlocal Cooperation Act further provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity, or other undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, the COUNTY and the CITY wish to enter into this interlocal agreement allowing the CITY to utilize certain COUNTY snow removal services on roadways within the CITY’S jurisdiction and the COUNTY wishes to utilize certain CITY snow removal services on roadways within the COUNTY’S jurisdiction. NOW, THEREFORE, in consideration of these facts, the parties hereto mutually covenant and agree as follows: 1a. The COUNTY agrees to perform snow removal and ice control services on CITY owned roadways as listed in Exhibit “A” and to perform said services in accordance with the HALL COUNTY HIGHWAY DEPARTMENT SNOW REMOVAL PLAN AND POLICES. Grand Island Council Session - 10/10/2017 Page 118 / 285 Interlocal Agreement between Hall County and Grand Island Roadway Snow Removal Services Page 2 of 4 1b. The CITY agrees to pay the COUNTY annually $500.00 per mile for snow removal and ice control services. This cost figure includes all labor, equipment, tools, materials, and supplies used or furnished by the COUNTY in the performance of snow removal and ice control services on the CITY owned roadways as listed in Exhibit “A”. 1c. The CITY agrees to perform snow removal and ice control services on COUNTY owned roadways as listed in Exhibit “A” and to perform said services in accordance with the CITY OF GRAND ISLAND SNOW AND ICE REMOVAL POLICY AND PROCEDURE. 1d. The COUNTY agrees to pay the CITY annually $500.00 per mile for snow removal and ice control services. This cost figure includes all labor, equipment, tools, materials, and supplies used or furnished by the CITY in the performance of snow removal and ice control services on the municipal roadways as listed in Exhibit “A”. 1e. The CITY agrees to perform right-of-way mowing services for the COUNTY along COUNTY owned roadways as listed in Exhibit “A” at the annual rate of $500 per mile. In lieu of cash payments for mowing services, the CITY and the COUNTY agree the annual mowing services provided by the CITY for the COUNTY shall be provided, on a mile for mile basis, in exchange for annual snow removal and ice control services provided by the COUNTY for the CITY , thereby reducing by the total miles billed by the COUNTY to the CITY. 2a. Whenever the CITY shall require the use of additional snow removal equipment, on CITY owned roadways not listed in Exhibit “A”, the CITY shall notify the COUNTY of its need for the use of COUNTY snow removal equipment, which shall be provided to the CITY by the COUNTY in accordance with the following: 2b. The use of COUNTY equipment under this agreement shall include but is not limited to Motor Graders, Dump Trucks with Snow Plows, Front-End Loaders, and Work Trucks. 2c. The CITY shall pay the COUNTY for the use of snow removal equipment, including COUNTY employees to operate the equipment, at a Federal Emergency Management Agency (FEMA) equipment rental rate plus the actual hourly cost of personnel. 2d. It is expressly understood by the parties that any COUNTY snow removal equipment to be used under Section 2 of this Agreement will not be available for CITY use until Grand Island Council Session - 10/10/2017 Page 119 / 285 Interlocal Agreement between Hall County and Grand Island Roadway Snow Removal Services Page 3 of 4 COUNTY snow removal operations for the storm have been deemed complete by the Hall County Public Works Director, or representative. 3. Governance: This agreement shall be co-governed by the Hall County Public Works Director and the City of Grand Island Street Superintendent. 4. Indemnification. Each party hereto agrees to indemnify and hold harmless the other party from and against all losses, liability, expenses, damages and claims, including attorney’s fees, arising out of or resulting from the indemnifying party’s acts or omissions in performing under this agreement, except to the extent caused by negligent or willful act or omission of the other party. Each party agrees to provide liability insurance to indemnify itself in the event that it becomes liable for the payment of a judgment based upon its acts or omissions, or the acts or omissions of its agents or employees in performing this agreement. 5. Modification: This agreement may be modified by written agreement of the Parties. 6. No Separate Entity: There shall be no separate legal entity created through this interlocal cooperative agreement. 7. Finances: This agreement shall be financed by the funds available to the parties hereto with both government entities assuring each other than each has fiscal capacity and authority to enter into and carry out this interlocal agreement. 8. Term and Duration: This agreement shall become effective on the date that the second party executes the agreement and shall continue in force and remain binding through completion of the project or until either party terminates the agreement upon a 90 day written notice to the other party. 9. Provision of Assistance: Pursuant to the Interlocal Cooperation Act, any party to this agreement, in the party’s sole discretion, may appropriate funds and may sell, lease, give, or otherwise provide assistance, including personnel and services, as may be within the party’s legal power to furnish. Grand Island Council Session - 10/10/2017 Page 120 / 285 Interlocal Agreement between Hall County and Grand Island Roadway Snow Removal Services Page 4 of 4 NOW THEREFORE, in consideration of the covenants and obligations contained herein, Hall COUNTY and the CITY of Grand Island duly execute this agreement. HALL COUNTY Executed this ____ day of __________, 2017. By: ________________________________ Pamela Lancaster, Chair Hall County Board of Supervisors Attest: _____________________________ Marla Conley Hall County Clerk CITY OF GRAND ISLAND Executed this ____day of __________, 2017. By: ________________________________ Jeremy Jensen, Mayor City of Grand Island, Nebraska Attest:_____________________________ RaNae Edwards City of Grand Island Grand Island Council Session - 10/10/2017 Page 121 / 285 INTERLOCAL COOPERATIVE AGREEMENT ROADWAY SNOW REMOVAL SERVICES Street Name From To Miles City County City County City County 13th Engleman Rd North Rd 1.00 0.86 0.14 1.00 1.00 0.00 Airport Rd Hwy 281 Sky Park Rd 2.00 0.30 1.70 0.00 2.00 0.30 1.70 Airport Rd Shady Bend Rd Gun Barrel Rd 1.00 0.63 0.37 0.00 1.00 0.63 0.37 Bismark Rd Stuhr Rd Shady Bend Rd 0.99 0.71 0.28 0.00 0.99 0.71 0.28 Blaine St Hwy 34 Guenther Rd 3.00 2.00 1.00 0.00 3.00 2.00 1.00 Capital Ave Sky Park Rd Hwy 30 1.40 0.49 0.91 0.00 1.40 0.49 0.91 Engleman Rd Hwy 2 Husker Hwy 5.00 2.00 3.00 0.00 5.00 5.00 0.00 North Rd Stolley Park Rd Husker Hwy 1.03 1.03 0.00 0.00 1.03 1.03 0.00 Old Potash Engleman Rd North Rd 1.00 0.93 0.07 1.00 0.00 1.00 0.00 Schimmer Dr North Rd South Locust 3.00 1.50 1.50 0.00 3.00 2.50 0.50 Seedling Mile Shady Bend Gun Barrel Rd 1.05 0.31 0.74 0.00 1.05 0.31 0.74 Shady Bend Rd Airport Rd Bismark Rd 3.03 2.09 0.94 0.00 3.03 2.09 0.94 Sky Park Rd White Cloud Rd Capital Ave 3.00 3.00 0.00 0.00 3.00 3.00 0.00 Stolley Park Rd Engleman Rd North Rd 0.97 0.47 0.50 0.00 0.97 0.47 0.50 Stuhr Rd Bismark Rd Hwy 34 2.00 0.96 1.04 1.04 0.96 0.96 1.04 Webb Rd Airport Rd Hwy 281 (north)0.03 0.03 0.00 0.00 0.03 0.03 0.00 Wildwood Dr North Rd South Locust St 3.00 2.00 1.00 0.00 3.00 2.00 1.00 Gold Core Rd Schimmer Rd Wildwood Dr 1.06 1.06 0.00 0.00 1.06 1.06 0.00 Juergen Schimmer Rd Wildwood Dr 1.00 1.00 0.00 0.00 1.00 1.00 0.00 Platte Valley Blvd Hwy 281 Juergen 0.13 0.13 0.00 0.00 0.13 0.13 0.00 Elk Dr Wildwood Dr Cougar Dr 0.16 0.16 0.00 0.00 0.16 0.16 0.00 Cougar Dr Elk Dr Antelope Dr 0.14 0.14 0.00 0.00 0.14 0.14 0.00 Antelope Dr Wildwood Dr Cougar Dr 0.16 0.16 0.00 0.00 0.16 0.16 0.00 Total 35.16 21.97 13.19 3.04 32.12 26.18 8.98 City pays County for snow removal 18.93 Miles City performs mowing and County performs snow removal 4.21 Miles Due to County for Snow Removal Services 14.73 Miles x $500/Mile = $7,364.53 OWNERSHIP SNOW REMOVAL ROW MOWING EXHIBIT A October 10, 2017 Grand Island Council Session - 10/10/2017 Page 122 / 285 NEBRASKA HIGHWAY 2 CAPITAL AVE 13TH ST OLD POTASH HWY STOLLEY PARK RD HUSKER HWY ENGLEMAN RDNORTH RDUS HIGHWAY 281SCHIMMER DR WILDWOOD DRSOUTH LOCUST STSTUHR RDSHADY BEND RDUS HIGHWAY 34 STOLLEY PARK RD BISMARK RD SEEDLING MILE RD US H IGHW A Y 30CAPITAL AVEBROADWELL AVEST PAUL RDSKY PARK RDABBOTT RD WHITE CLOUD RD AIRPORT RD OLD HIGHWAY 2NORTH RDENGLEMAN RDWEBB RDO LD H IGHW AY 30BLAINE STSWIFT RD US HIGHWAY 30IN T E R S T A T E 8 0 WILDWOOD DR GUENTHER RD FOSTER RDGOLD CORE RDJUERGEN RDPLATTE VALLEY BLVD ELK DRCOUGAR DRANTELOPE DRGUENTHER RD SCHIMMER DRMONITOR RDMONITOR RDSHADY BEND RDWOOD RIVER RD US HIGHWAY 281ROADWAY SNOW REMOVAL BY AGENCYIN & AROUND GRAND ISLAND Updated 09/07/2017 ResponsibleAgency NEBRASKA DOT HALL COUNTY GRAND ISLAND ± Pending Agreement Approval Grand Island Council Session - 10/10/2017 Page 123 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-274 WHEREAS, the City of Grand Island Streets Division and the Hall County Highway Department is proposing an Inter-Local Agreement for Roadway Snow Removal and Ice Control Services in and around Grand Island, Nebraska. WHEREAS, it is in the best interest of the City of Grand Island to approve the proposed Inter-Local Agreement; and WHEREAS, the proposed Inter-local Agreement has been reviewed by both the City of Grand Island and Hall County Legal Departments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Inter-local Agreement by and between the City of Grand Island and Hall County, Nebraska for Roadway Snow Removal Services in and around Grand Island, Nebraska is hereby approved; and 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, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 124 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-11 #2017-275 - Approving Change Order No. 3 for North Broadwell Avenue Drainage Project No. 2017-D-3 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/10/2017 Page 125 / 285 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:October 10, 2017 Subject:Approving Change Order No. 3 for North Broadwell Avenue Drainage Project No. 2017-D-3 Presenter(s):John Collins PE, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $140,361.50 contract on April 25, 2017, via Resolution No. 2017-127, for North Broadwell Avenue Drainage Project No. 2017-D-3. On August 22, 2017, via Resolution No. 2017-235, City Council approved Change Order No. 1 which allowed additional time to complete this project. This time extension was due to a potential conflict with the drainage pipe and water main at the north driveway into the Veterans Athletic Complex. With fall activities underway at the Veterans Athletic Complex, which require water service for the restrooms and concession stand, there wasn’t a good time prior to September 1, 2017 to relocate the water main. The completion date of this project was extended to December 15, 2017 via Change Order No. 1, with no contract amount modification. On September 26, 2017, via Resolution No. 2017-264, City Council approved Change Order No. 2 in the amount of $8,328.00, which addressed labor and materials necessary to correct a water main conflict. This change order avoided reconstruction of the existing water main. The storm sewer pipe will be waterproofed to prevent leakage, supported on either side of the existing water main to allow for less clearance and the existing water main will be insulated to prevent freezing from the proposed conditions of the new storm pipe. The drainage improvements are located on North Broadwell Avenue between BNSF Railroad and US Highway 281. Discussion Upon field setup to address the water main conflict groundwater was found to be roughly 3” higher than the existing water main. At this time an additional $8,000.00 is requested Grand Island Council Session - 10/10/2017 Page 126 / 285 through Change Order No. 3 to install a dewatering well and lower the groundwater in the area to allow the work approved in Change Order No. 2. The dewatering covered in Change Order No. 3 will result in a revised contract amount of $156,689.50. 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 Change Order No. 3 with The Diamond Engineering Company for North Broadwell Avenue Drainage Project No. 2017-D-3. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/10/2017 Page 127 / 285 CHANGE ORDER NO. 3 PROJECT: North Broadwell Avenue Drainage Project No. 2017-D-3 CONTRACTOR: The Diamond Engineering Company AMOUNT OF CONTRACT: $140,361.50 CONTRACT DATE: April 25, 2017 To allow dewatering on the North Broadwell Avenue Drainage Project No. 2017-D-3 to gain access to the water main. Description Quantity Unit Unit Price Extended Price Dewatering 1.00 LS $8,000.00 $ 8,000.00 Change Order No. 3 $ 8,000.00 Original Contract Amount …………….. $ 140,361.50 Change Order No. 1 …………….. $ 0.00 Change Order No. 2 …………….. $ 8,328.00 Change Order No. 3 …………….. $ 8,000.00 Revised Contract Amount …………….. $ 156,689.50 The Above Change Order Accepted: The Diamond Engineering Company By____________________________________ Date_______________________ Approval Recommended: By______________________________________________ Date________________ John Collins PE, Public Works Director/City Engineer Approved for the City of Grand Island, Nebraska By____________________________________ Date________________________ Mayor Attest_________________________________ City Clerk Grand Island Council Session - 10/10/2017 Page 128 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-275 WHEREAS, on April 25, 2017, via Resolution 2017-127, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $140,361.50 for North Broadwell Avenue Drainage Project No. 2017-D-3; and WHEREAS, on August 22, 2017, via Resolution No. 2017-235, City Council approved Changer Order No. 1 to allow for a contract extension to December 15, 2017, with no contract amount modification; and WHEREAS, on September 26, 2017, via Resolution No. 2017-264, City Council approved Change Order No. 2 in the amount of $8,328.00 to cover additional labor and material in addressing a water main conflict; and WHEREAS, due to groundwater being higher than the water main dewatering is necessary; and WHEREAS, Change Order No. 3 covers all work required to install a dewatering well; and WHEREAS, the extra work adds a total cost of $8,000.00 to the project, resulting in a revised contract amount of $156,689.50; and WEREAS, such change order is necessary to proceed with the project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 3 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska in the amount of $8,000.00 for North Broadwell Avenue Drainage Project No. 2017-D-3. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 129 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-12 #2017-276 - Approving Change Order No. 1 for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/10/2017 Page 130 / 285 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:October 10, 2017 Subject:Approving Change Order No. 1 for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 Presenter(s):John Collins PE, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $2,306,455.27 contract on March 28, 2017, via Resolution No. 2017-88, for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1. Currently Lift Station No. 20 pumps an average of 220,000 gallons per day. In order to accommodate future growth to handle a daily flow rate of over 1 million gallons a day, upgrades to this lift station are necessary. The existing force main from Lift Station No. 20 is also in need of replacement and or repair due to poor pipe condition. The force main has experienced multiple breaks within the past several years. Elimination of Lift Station No. 14 and abandonment of the force main has been completed. Discussion Manhole No. 75, which receives the Lift Station No. 20 force main is in need of immediate replacement, as it is currently leaking sewage and taking in groundwater which could cause a sinkhole. Lift Station No. 20 is the City’s largest lift station accommodating sewage disposal from the west and southwest portions, including US Highway 281 & I-80 businesses. Union Pacific Railroad (UPRR) tracks are also located in close proximity to Manhole No. 75 and the structural integrity and safety of such could be comprised should a sinkhole happen. If Manhole No. 75 were to go into complete failure all lines entering the manhole, including Lift Station No. 20, would backup and endanger public welfare. Hydrogen Sulfide has exponentially corroded Manhole No. 75 as evidenced by the needed thickness of 4” now being 1”. Grand Island Council Session - 10/10/2017 Page 131 / 285 In order to complete this work Change Order No. 1 is necessary, in the amount of $97,640.79, resulting in a revised contract agreement of $2,404,096.06 and a completion extension from March 15, 2018 to April 14, 2018. 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 Change Order No. 1 for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 with The Diamond Engineering Company of Grand Island, Nebraska. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/10/2017 Page 132 / 285 CHANGE ORDER NO. 1 PROJECT:Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 CONTRACTOR:The Diamond Engineering Company AMOUNT OF CONTRACT: $2,306,455.27 CONTRACT DATE: March 29, 2017 Manhole No. 75, which receives the Lift Station No. 20 force main is in need of immediate replacement, as it is currently leaking sewage and taking in groundwater which could cause a sinkhole. Summary of Change Order No. 1 to allow for replacement is detailed below. Item No.Description Quantity Unit Unit Price Total Price CO1-1 Mobilization 1.00 LS $ 5,488.51 $ 5,488.51 CO1-2 Site Preparation 1.00 LS $13,438.35 $13,438.35 CO1-3 Tree Removal 2.00 EA $ 284.46 $ 568.92 CO1-4 Dewatering 1.00 LS $ 9,073.80 $ 9,073.80 CO1-5 Bypass Pumping 1.00 LS $18,428.03 $18,428.03 CO1-6 Remove Existing Sanitary Sewer Manhole 1.00 EA $ 2,439.45 $ 2,439.45 CO1-7 Remove Existing 12” Sanitary Sewer Pipe (Force Main)15.00 LF $ 51.75 $ 776.25 CO1-8 Remove Existing 15” Sanitary Sewer pipe (Gravity)20.00 LF $ 42.71 $ 854.20 CO1-9 Remove Existing 24” Sanitary Sewer Pipe (Gravity)40.00 LF $ 38.61 $ 1,544.40 CO1-10 6-Foot Type III Concrete Sanitary Sewer Manhole 1.00 EA $ 6,597.13 $ 6,597.13 CO1-11 Additional Manhole Depth 10.00 VF $ 333.04 $ 3,330.40 CO1-12 12” DI Sanitary Sewer Force Main 15.00 LF $ 162.51 $ 2,437.65 CO1-13 15” PVC (SDR 35) Sanitary Sewer Pipe 20.00 LF $ 145.51 $ 2,910.20 CO1-14 24” PVC (SDR 35) Sanitary Sewer Pipe 40.00 LF $ 149.97 $ 5,998.80 CO1-15 Erosion & Sedimentation Control 1.00 LS $ 1,982.89 $ 1,982.89 CO1-16 Fence Removal/Replacement 50.00 LF $ 32.09 $ 1,604.50 CO1-17 Restoration 1.00 LS $20,137.31 $20,137.31 Correction to original contract amount (s/b $2,306,485.27 instead of $2,306,455.27)$ 30.00 Change Order No. 1 Total =$97,640.79 Contract Price Prior to this Change Order…………………………………$2,306,455.27 Net Increase Resulting from this Change Order……………………………$ 97,640.79 Revised Contract Price Including this Change Order………………………$2,404,096.06 Notice to Proceed Date ------------------------------------------------------------------------------March 30, 2017 Original Completion Date ---------------------------------------------------------------------------March 15, 2018 Revised Completion Date --------------------------------------------------------------------------April 14, 2018 Grand Island Council Session - 10/10/2017 Page 133 / 285 2 | Page City of Grand Island | Change Order No. 1 Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1 The Above Change Order Accepted: The Diamond Engineering Company By____________________________________Date_______________________ Approval Recommended: By______________________________________________Date________________ John Collins PE, Public Works Director/City Engineer Approved for the City of Grand Island, Nebraska By____________________________________Date________________________ Mayor Attest_________________________________ City Clerk Grand Island Council Session - 10/10/2017 Page 134 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-276 WHEREAS, on March 28, 2017, via Resolution No.2017-88, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $2,306,455.27 for Lift Station No. 20 Upgrade and Force Main Rehabilitation & Lift Station No. 14 Abandonment; Project No. 2017-S-1; and WHEREAS, it has been determined that modifications need to be made to allow for repair of Manhole No. 75, which receives the Lift Station No. 20 force main; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $97,640.79 for a revised contract price of $2,404,096.06; and WHEREAS, the project completion date will be extended from March 15, 2018 to April 14, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 in the amount of $97,640.79 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 135 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-13 #2017-277 - Approving Certificate of Final Completion for Sanitary Sewer District No. 539; North Webb Road and 13th Street Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/10/2017 Page 136 / 285 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:October 10, 2017 Subject:Approving Certificate of Final Completion for Sanitary Sewer District No. 539; North Webb Road and 13th Street Presenter(s):John Collins PE, Public Works Director Background Sanitary Sewer District No. 539 was created by the City Council on August 9, 2016 to serve three (3) residential lots and two (2) commercial lots with City sanitary sewer service. The district boundary lies within an area between Webb Road and Kennedy Drive, and Dixie Square and 13th Street (see attached sketch). Legal notice of the creation of the District was published in the Grand Island Independent on August 15, 2016. Starostka Group Unlimited, Inc. of Grand Island, Nebraska was awarded a $105,483.25 contract for construction of Sanitary Sewer District No. 539; North Webb Road and 13th Street on March 28, 2017. Work commenced on May 19, 2017 and was completed on September 21, 2017. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. Construction was completed with an underrun of $19,939.49, for a total cost of $85,543.76. The underrun is a result of dewatering not being necessary on this project. Additional project costs are shown below. ADDITIONAL COSTS The Grand Island Independent Advertising $ 157.76 Hall County Register of Deeds Filing Fees $ 252.00 Island Sprinkler Sprinkler Repair $ 74.51 Midwest Right-of-Way Easement Acquisition Services $ 4,685.00 Phillip J Harders Easements $ 500.00 Calvary Baptist Church Easements $ 1,535.00 Richard A Rischling Easements $ 6,005.00 Sheffield Tree Service Tree Removal $ 3,800.00 Grand Island Public Works Engineering Engineering & Design $ 2,267.46 Subtotal Additional District Costs = $19,276.73 Grand Island Council Session - 10/10/2017 Page 137 / 285 Total project cost is $104,820.49, with an assessable amount of $69,430.57, which will be presented to the Board of Equalization on November 17, 2017. The remaining costs were necessary to construct a line west from Dixie Square to address deficiencies with the system along Webb Road from prior construction. 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. 539; North Webb Road and 13th Street and set the Board of Equalization date of November 14, 2017. Sample Motion Move to approve the Certificate of Final Completion for Sanitary Sewer District No. 539; North Webb Road and 13th Street and set the Board of Equalization date of November 14, 2017. Grand Island Council Session - 10/10/2017 Page 138 / 285 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Sanitary Sewer District No. 539; North Webb Road and 13th Street CITY OF GRAND ISLAND, NEBRASKA October 10, 2017 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Sanitary Sewer District No. 539; North Webb Road and 13th Street has been fully completed by Starostka Group Unlimited, Inc. of Grand Island, Nebraska under the contract dated April 4, 2017. 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. Item No.Description Total Quantity Unit Unit Price Total Cost Base Bid Section 1 Mobilization / Demobilization 1.00 LS $ 9,001.00 $ 9,001.00 2 Connect to Existing Manhole 1.00 EA $ 1,847.00 $ 1,847.00 3 Construct 4' Diameter Manhole, Type 1 3.00 EA $ 3,262.00 $ 9,786.00 4 construct 4' Diameter Manhole, Extra Depth 4.60 VF $ 422.00 $ 1,941.20 5 8" Gravity Sewer Line 710.00 LF $ 31.60 $ 22,436.00 6 6" Sanitary Service Line 63.30 LF $ 40.70 $ 2,576.31 7 4" Sanitary Service Line 43.00 LF $ 29.85 $ 1,283.55 8 Sanitary Service Connections (4") 2.00 EA $ 70.00 $ 140.00 9 Sanitary Service Connections (6") 3.00 EA $ 78.00 $ 234.00 10 Remove & Replace 6" Concrete Pavement 79.90 SY $ 92.00 $ 7,350.80 11 Remove & Replace 6" Concrete Drive/Sidewalk 27.60 SY $ 126.00 $ 3,477.60 12 Remove & Replace Center Island Landscape 1.00 LS $ 2,472.00 $ 2,472.00 13 Tree Stump Removal (Pine Trees) 1.00 LS $ 2,365.00 $ 2,365.00 14 Clearing & Grubbing 1.00 LS $ 2,038.00 $ 2,038.00 15 Remove 5' Chain Link Fence 66.00 LF $ 6.95 $ 458.70 16 Replace 5' Chain Link Fence 40.00 LF $ 11.60 $ 464.00 17 Remove / Relocate 4' Chain Link Fence 165.00 LF $ 18.60 $ 3,069.00 18 Turf Seed Application (Type 1) 1.00 AC $12,603.00 $ 12,603.00 19 Turf Sod 2,858.00 SF $ 0.70 $ 2,000.60 20 Dewatering - EA $18,000.00 $ - Total Base Bid Section = $ 85,543.76 Additional Costs: The Grand Island Independent Advertising $ 157.76 Hall County Register of Deeds Filing Fees $ 252.00 Island Sprinkler Sprinkler Repair $ 74.51 Midwest Right-of-Way Easement Acquisition Services $ 4,685.00 Phillip J Harders Easements $ 500.00 Calvary Baptist Church Easements $ 1,535.00 Richard A Rischling Easements $ 6,005.00 Sheffield Tree Service Tree Removal $ 3,800.00 Grand Island Public Works Engineering Design & Construction Services $ 2,267.46 Additional Costs = $ 19,276.73 Grand Total = $ 104,820.49 Grand Island Council Session - 10/10/2017 Page 139 / 285 2 | Page City of Grand Island | Certificate of Final Completion Sanitary Sewer District No. 539; North Webb Road and 13th Street I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer District No. 539; North Webb Road and 13th Street be approved. _______________________________________________________________________________ John Collins – City Engineer/Public Works Director Jeremy L. Jensen – Mayor Grand Island Council Session - 10/10/2017 Page 140 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-277 WHEREAS, the City Engineering/Public Works Director for the City of Grand Island issued a Certificate of Final Completion for Sanitary Sewer District No. 539; North Webb Road and 13th Street certifying that Starostka Group Unlimited, Inc. of Grand Island, Nebraska, under contract, has completed such project for the total construction amount of $85,543.76; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, additional project costs equate to $19,276.73, as shown ADDITIONAL COSTS The Grand Island Independent Advertising $ 157.76 Hall County Register of Deeds Filing Fees $ 252.00 Island Sprinkler Sprinkler Repair $ 74.51 Midwest Right-of-Way Easement Acquisition Services $ 4,685.00 Phillip J Harders Easements $ 500.00 Calvary Baptist Church Easements $ 1,535.00 Richard A Rischling Easements $ 6,005.00 Sheffield Tree Service Tree Removal $ 3,800.00 Public Works Engineering Design & Construction Services $ 2,267.46 Subtotal Additional District Costs = $ 19,276.73 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. 539; North Webb Road and 13th Street, in the amount of $104,820.49 is hereby confirmed. 2.The City Council will sit as a Board of Equalization on November 14, 2017 to determine benefits and set assessments for Sanitary Sewer District No. 539; North Webb Road and 13th Street. 3.- - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 141 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-14 #2017-278 - Approving Amendment No. 1 to Engineering Consulting Agreement for 13th Street Roadway Improvements; Project No. 2018-P-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/10/2017 Page 142 / 285 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:October 10, 2017 Subject:Approving Amendment No. 1 to Engineering Consulting Agreement for 13th Street Roadway Improvements; Project No. 2018-P-1 Presenter(s):John Collins PE, Public Works Director Background Roadway improvements along 13th Street from Moores Creek to North Road, as well as intersection improvements at 13th Street and North Road are planned. Public Works Engineering staff is proposing a three lane curb and gutter roadway section with associated sidewalk and other miscellaneous improvements. This project also will get much needed drainage improvements to the 13th and North Road intersection which do not exist today. On August 22, 2017, via Resolution No. 2017-236, City Council approved an agreement with Alfred Benesch & Company of Lincoln, Nebraska in the amount of $15,000.00 for 13th Street Roadway Improvements; Project No. 2018-P-1. This agreement accounts for design concepts for the proposed three lane curb and gutter roadway section with associated sidewalk and other miscellaneous improvements, such as drainage. Discussion The original agreement did not include geotechnical sampling and reporting, Right-of- Way and easement acquisition assistance, and final design services all of which are included in Amendment No. 1 for the 13th Street Roadway Improvements; Project No. 2018-P-1. It is now requested to supplement the original agreement with Alfred Benesch & Company to allow for such additional services, in the amount of $141,281.25 for a revised agreement total of $156,281.25. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 10/10/2017 Page 143 / 285 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 Amendment No. 1 to the original agreement with Alfred Benesch & Company of Lincoln, Nebraska, in the amount of $141,281.25. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/10/2017 Page 144 / 285 Grand Island Council Session - 10/10/2017 Page 145 / 285 Grand Island Council Session - 10/10/2017 Page 146 / 285 Grand Island Council Session - 10/10/2017 Page 147 / 285 Grand Island Council Session - 10/10/2017 Page 148 / 285 Grand Island Council Session - 10/10/2017 Page 149 / 285 Grand Island Council Session - 10/10/2017 Page 150 / 285 Grand Island Council Session - 10/10/2017 Page 151 / 285 Grand Island Council Session - 10/10/2017 Page 152 / 285 Grand Island Council Session - 10/10/2017 Page 153 / 285 Grand Island Council Session - 10/10/2017 Page 154 / 285 Grand Island Council Session - 10/10/2017 Page 155 / 285 Grand Island Council Session - 10/10/2017 Page 156 / 285 Grand Island Council Session - 10/10/2017 Page 157 / 285 Grand Island Council Session - 10/10/2017 Page 158 / 285 Grand Island Council Session - 10/10/2017 Page 159 / 285 Grand Island Council Session - 10/10/2017 Page 160 / 285 Grand Island Council Session - 10/10/2017 Page 161 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-278 WHEREAS, on August 22, 2017, via Resolution No. 2017-236 the Grand Island City Council approved entering into an agreement with Alfred Benesch & Company of Lincoln, Nebraska in the amount of $15,000.00 for conceptual design services for 13th Street Roadway Improvements; Project No. 2018-P-1; and WHEREAS, the original agreement is now being amended to include final design services for such project; and WHEREAS, such amendment is in the amount of $141,281.25, for a revised agreement amount of $156,281.25; and WHEREAS, Amendment No. 1 to the original agreement with Alfred Benesch & Company of Lincoln, Nebraska is required to proceed with this project NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Alfred Benesch & Company of Lincoln, Nebraska for final design services related to 13th Street Roadway Improvements; Project No. 2018-P-1 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 162 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-15 #2017-279 - Approving Supplemental Agreement No. 1 with Nebraska Department of Transportation (NDOT) for Improving US Highway 281 in Grand Island Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/10/2017 Page 163 / 285 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:October 10, 2017 Subject:Approving Supplemental Agreement No. 1 with Nebraska Department of Transportation (NDOT) for Improving US Highway 281 in Grand Island Presenter(s):John Collins PE , Public Works Director Background On November 8, 2016, via Resolution No. 2016-285, City Council approved an agreement with the Nebraska Department of Transportation (NDOT) for improvements to US Highway 281; south of US Highway 30, north to Chapman Road. At that time the City cost share on the portion within City limits was estimated at $3,822,000.00. Discussion Public Works staff is requesting permission to include the replacement of sixty-five (65) existing high pressure sodium lighting luminaires with new LED luminaires beginning just north of the Union Pacific Railroad overhead bridge to the north side of the Burlington Northern overhead bridge. This change will allow for improved safety by creating consistent lighting for commuters on US Highway 281, and will result in a $5,000.00 deduction within this section of the original agreement. Also, the work in the original agreement pertaining to North Broadwell Avenue was mistakenly described as resurfacing and is actually reconstruction, which will be corrected with Supplemental Agreement No. 1. The reconstruction cost was accounted for in the original cost 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 - 10/10/2017 Page 164 / 285 Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign Supplemental Agreement No. 1 for Improving US Highway 281 in Grand Island. Sample Motion Move to approve authorization for the Mayor to sign the supplemental agreement. Grand Island Council Session - 10/10/2017 Page 165 / 285 Grand Island Council Session - 10/10/2017 Page 166 / 285 Grand Island Council Session - 10/10/2017 Page 167 / 285 Grand Island Council Session - 10/10/2017 Page 168 / 285 Grand Island Council Session - 10/10/2017 Page 169 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-279 WHEREAS, on November 8, 2016, via Resolution No. 2016-385, Grand Island City Council approved an agreement with the Nebraska Department of Transportation (NDOT) 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 estimated at $3,822,000.00; and WHEREAS, it is being requested to include the replacement of sixty-five (65) existing high pressure sodium lighting luminaires with new LED luminaires beginning just north of the Union Pacific Railroad overhead bridge to the north side of the Burlington Northern overhead bridge; and WHEREAS, this change will allow for improved lighting for commuters on US Highway 281, and will result in a $5,000.00 deduction within this section of the original agreement; and WHEREAS, the work in the original agreement pertaining to North Broadwell Avenue was mistakenly described as resurfacing and is actually reconstruction; and WHEREAS, a supplemental agreement with the Nebraska Department of Transportation (NDOT) 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 Supplemental Agreement with the Nebraska Department of Transportation (NDOT) 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 supplemental agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 170 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-16 #2017-280 - Approving Engineering Services Agreement for Old Potash Highway Corridor Study Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/10/2017 Page 171 / 285 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:October 10, 2017 Subject:Approving Engineering Services Agreement for Old Potash Highway Corridor Study Presenter(s):John Collins PE, Public Works Director Background This project will establish a master plan for the Old Potash Highway corridor from approximately North Road to Webb Road, including intersections to the north and south of Old Potash Highway. The interaction between the various traffic features is complex, making it necessary to create an overall master plan to ensure that the individual projects will function together and address other safety issues in these areas. It is anticipated that this plan will include widening and reconfiguring Old Potash Highway, signal and geometric improvements at each intersection, access management throughout the corridor, and probably improvements to the north and south of the Old Potash Highway corridor. Improvements are needed to allow the corridor to safely handle the ever increasing traffic in this area. On July 10, 2017 the Engineering Division of the Public Works Department advertised for Engineering Services for Old Potash Highway Corridor Study, with eighteen (18) potential respondents. Discussion Three (3) engineering firms submitted qualifications for the engineering services for Old Potash Highway Corridor Study. Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for Olsson Associates’ services will be provided on a time and expense basis not to exceed $249,963.26. Amendments will be required in the future for preliminary engineering design, final engineering design and construction phase services. Grand Island Council Session - 10/10/2017 Page 172 / 285 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement with Olsson Associates of Grand Island, Nebraska, in the amount of $249,963.26. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/10/2017 Page 173 / 285 Grand Island Council Session - 10/10/2017 Page 174 / 285 Grand Island Council Session - 10/10/2017 Page 175 / 285 Grand Island Council Session - 10/10/2017 Page 176 / 285 Grand Island Council Session - 10/10/2017 Page 177 / 285 Grand Island Council Session - 10/10/2017 Page 178 / 285 Grand Island Council Session - 10/10/2017 Page 179 / 285 Grand Island Council Session - 10/10/2017 Page 180 / 285 Grand Island Council Session - 10/10/2017 Page 181 / 285 Grand Island Council Session - 10/10/2017 Page 182 / 285 Grand Island Council Session - 10/10/2017 Page 183 / 285 Grand Island Council Session - 10/10/2017 Page 184 / 285 Grand Island Council Session - 10/10/2017 Page 185 / 285 Grand Island Council Session - 10/10/2017 Page 186 / 285 Grand Island Council Session - 10/10/2017 Page 187 / 285 Grand Island Council Session - 10/10/2017 Page 188 / 285 Grand Island Council Session - 10/10/2017 Page 189 / 285 Grand Island Council Session - 10/10/2017 Page 190 / 285 Grand Island Council Session - 10/10/2017 Page 191 / 285 Grand Island Council Session - 10/10/2017 Page 192 / 285 Grand Island Council Session - 10/10/2017 Page 193 / 285 Grand Island Council Session - 10/10/2017 Page 194 / 285 Grand Island Council Session - 10/10/2017 Page 195 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-280 WHEREAS, on July 10, 2017 the Engineering Division of the Public Works Department advertised for Engineering Services for Old Potash Highway Corridor Study; and WHEREAS, on July 25, 2017 three (3) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria Olsson Associates of grand Island, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and Olsson Associates of Grand Island, Nebraska wish to enter into an Engineering Services Agreement to provide engineering services for such study; and WHEREAS, amendments will be brought before council at a later date to address preliminary design services, final design services, and construction phase services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and Olsson Associates of Grand Island, Nebraska for engineering services related to Old Potash Highway Corridor Study, in the amount of $249,963.26, 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, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 196 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-17 #2017-281 - Approving Small Cell License and Pole Attachment Agreement with Verizon Wireless Staff Contact: Jerry Janulewicz Grand Island Council Session - 10/10/2017 Page 197 / 285 Council Agenda Memo From:Jerry Janulewicz, City Attorney Meeting:October 10, 2017 Subject:Resolution and Proposed Agreement with Verizon Wireless, LLC – Sky Park Road and Baron Lane Presenter(s):Jerry Janulewicz, City Attorney Background Verizon Wireless, LLC, a limited liability registered to do business in Nebraska, has applied for approval to place a wireless antenna facility on a new city light pole located at the intersection of Sky Park Road and Baron Lane. The agreement follows the basic format of agreements previously approved by council, which allow private attachments to city’s utility poles, with some specific changes to this agreement that were the result of negotiations between the Verizon Wireless, LLC and city’s legal and utilities departments. The terms of the agreement are similar to the agreement approved by Council in August, 2017. Discussion The proposed agreement includes a five-year term and provides that its attachments to the pole must meet safety and equipment requirements of the Utilities Department. Any additional attachments on cities poles will require separate applications from and agreements with Verizon Wireless. Council is advised that the trend in wireless communications is toward smaller antennas, sometimes referred to as micro cells and distributed antenna systems, for both data backhaul and mobile voice/data services. This trend is fueled by ever-increasing demands for wireless access as well as the industry move toward 5G service, which will be needed to support new technologies such as autonomous cars and the “internet of things.” Thus, pole attachment agreements with Verizon, Mobilitie, and others will become more commonplace. Grand Island Council Session - 10/10/2017 Page 198 / 285 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/10/2017 Page 199 / 285 Grand Island Council Session - 10/10/2017 Page 200 / 285 Grand Island Council Session - 10/10/2017 Page 201 / 285 Grand Island Council Session - 10/10/2017 Page 202 / 285 Grand Island Council Session - 10/10/2017 Page 203 / 285 Grand Island Council Session - 10/10/2017 Page 204 / 285 Grand Island Council Session - 10/10/2017 Page 205 / 285 Grand Island Council Session - 10/10/2017 Page 206 / 285 Grand Island Council Session - 10/10/2017 Page 207 / 285 Grand Island Council Session - 10/10/2017 Page 208 / 285 Grand Island Council Session - 10/10/2017 Page 209 / 285 Grand Island Council Session - 10/10/2017 Page 210 / 285 Grand Island Council Session - 10/10/2017 Page 211 / 285 Grand Island Council Session - 10/10/2017 Page 212 / 285 Grand Island Council Session - 10/10/2017 Page 213 / 285 Grand Island Council Session - 10/10/2017 Page 214 / 285 Grand Island Council Session - 10/10/2017 Page 215 / 285 Grand Island Council Session - 10/10/2017 Page 216 / 285 Grand Island Council Session - 10/10/2017 Page 217 / 285 Grand Island Council Session - 10/10/2017 Page 218 / 285 Grand Island Council Session - 10/10/2017 Page 219 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-281 WHEREAS, to improve cellular communications and data transmission in the area, Verizon Wireless LLC (“Verizon”) desires to install and maintain an wireless antenna facility on a new city light pole located at the intersection of Sky Park Road and Baron Lane; and WHEREAS, pursuant to the terms of the proposed five-year license agreement, in consideration for a license granting permission for the placement, operation and maintenance of wireless facilities, City will receive a pole attachment fee at such amount as set by City Ordinance. Verizon will pay the cost of installing the light pole at the location and will pay for electric service at a metered rate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND that the proposed license agreement between the City of Grand Island and Verizon Wireless, LLC for placement of a wireless antenna facility on a new city light pole located at the intersection of Sky Park Road and Baron Lane should be and the same is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 220 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-18 #2017-282 - Approving Proposal for Olympic Bunker Trap Site Additions Staff Contact: Todd McCoy Grand Island Council Session - 10/10/2017 Page 221 / 285 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:October 10, 2017 Subject:Approve Olympic Bunker Trap Site Additions and Target Release System Presenter(s):Todd McCoy, Parks and Recreation Director Background On October 27, 2015 City Council authorized by Resolution 2015-297 the construction of a new Olympic Bunker Trap venue at Heartland Public Shooting Park. The bunker trap project is currently underway. The project has been coordinated and funded by efforts from the Grand Island Skeet and Sporting Clays Club, Inc. Recently GI Skeet and Sporting Clays Club was successful in applying for a Nebraska Game and Parks Commission grant on behalf of the City of Grand Island. The grant will provide $202,500 of Federal funds towards the project. Discussion Because Nebraska Game and Parks requires that the City of Grand Island hold the grant, the City procurement process was used to accept proposals for Site Additions and the Target Release System for the bunker trap. Bunker Trap Site Additions RFP One proposal was received on September 26, 2017 from Chief Construction of Grand Island, Nebraska. Items included in the Chief proposal include: 20’ x 60’ open air shooting pavilion, 27’ x 560’ parking area extension, irrigation, seeding, fencing, steel support brackets for 15 trap machines, doors and ramping modifications, 4’ x 230’ sidewalk, 20’ x 60’ concrete shooter pad, electrical, plumbing for floor drains, painting, ATA trap mounting brackets. The proposed contact amount from Chief was $248,903.00. Bunker Target Release System RFP One proposal was received on September 26, 2017 from Briley Manufacturing Company of Houston, Texas. Items included in the Briley Manufacturing proposal include: 15 bunker traps, computer sequencer, microphones with stands, relay box, chip card Grand Island Council Session - 10/10/2017 Page 222 / 285 counting system, system backup parts, delivery and installation. The proposed contact amount from Briley Manufacturing was $55,650.00. The proposal from Chief Construction and Briley Manufacturing total $304,553.00. The City General Fund will initially pay the expenses with reimbursement from the Game and Parks grant in the about of $202,500.00 and GI Skeet and Sporting Clays Club reimbursing the City $102,053.00. After full reimbursement the City’s net expense from the two proposals will be $0.00. 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 City Council approve the proposals from Chief Construction of Grand Island, Nebraska and Briley Manufacturing Company of Houston, Texas. Sample Motion Move to approve the resolutions to provide Bunker Trap Site Additions from Chief Construction ($248,903.00) and a Bunker Trap Target Release System from Briley Manufacturing ($55,650.00). Grand Island Council Session - 10/10/2017 Page 223 / 285 Grand Island Council Session - 10/10/2017 Page 224 / 285 Grand Island Council Session - 10/10/2017 Page 225 / 285 Grand Island Council Session - 10/10/2017 Page 226 / 285 Grand Island Council Session - 10/10/2017 Page 227 / 285 Grand Island Council Session - 10/10/2017 Page 228 / 285 Grand Island Council Session - 10/10/2017 Page 229 / 285 Grand Island Council Session - 10/10/2017 Page 230 / 285 Grand Island Council Session - 10/10/2017 Page 231 / 285 Grand Island Council Session - 10/10/2017 Page 232 / 285 Grand Island Council Session - 10/10/2017 Page 233 / 285 Grand Island Council Session - 10/10/2017 Page 234 / 285 Grand Island Council Session - 10/10/2017 Page 235 / 285 Grand Island Council Session - 10/10/2017 Page 236 / 285 Grand Island Council Session - 10/10/2017 Page 237 / 285 Grand Island Council Session - 10/10/2017 Page 238 / 285 Grand Island Council Session - 10/10/2017 Page 239 / 285 Grand Island Council Session - 10/10/2017 Page 240 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-282 WHEREAS, the Heartland Public Shooting Park is owned and operated by the City of Grand Island, Nebraska; and WHEREAS, the Grand Island Skeet and Sporting Clays Club approached the City with the idea of adding a new Olympic Bunker Trap Range venue at the Heartland Public Shooting Park; and WHEREAS, the City of Grand Island issued a Request for Proposals (RFP’s) to provide and install an Olympic Bunker Trap Site Additions for such project; and WHEREAS, on September 26, 2017 one (1) request for proposal was received, opened and reviewed; and WHEREAS, Chief Construction from Grand Island, Nebraska submitted a proposal for such project in accordance with the Request for Proposals; and WHEREAS, a proposal amount of $248,903.00 has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Chief Construction from Grand Island, Nebraska to provide and install an Olympic Bunker Trap Site Additions at the Heartland Public Shooting Park is hereby approved at a cost of $248,903.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 241 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-19 #2017-283 - Approving Proposal for Olympic Bunker Trap Target Release System This item is related to item G-18. Staff Contact: Todd McCoy Grand Island Council Session - 10/10/2017 Page 242 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-283 WHEREAS, the Heartland Public Shooting Park is owned and operated by the City of Grand Island; and WHEREAS, the Grand Island Skeet and Sporting Clays Club approached the City with the idea of adding a new Olympic Bunker Trap Range venue at the Heartland Public Shooting Park; and WHEREAS, the City of Grand Island issued a Request for Proposals (RFP’s) to provide and install an Olympic Bunker Trap Target Release System for such project; and WHEREAS, on September 26, 2017 one (1) request for proposal was received, opened and reviewed; and WHEREAS, Briley Manufacturing Company from Houston, Texas, submitted a proposal for such project in accordance with the Request for Proposals; and WHEREAS, a proposal amount of $55,650.00 has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that proposal from Briley Manufacturing Company from Houston, Texas to provide and install an Olympic Bunker Trap Target Release System at the Heartland Public Shooting Park is hereby approved at a cost of $55,650.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 243 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-20 #2017-284 - Approving Purchase of (6) 36” Cut Mowers Staff Contact: Todd McCoy Grand Island Council Session - 10/10/2017 Page 244 / 285 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:October 10, 2017 Subject:Bid Award for Six (6) New 36” Cut Mowers for use within the Cemetery Division Presenter(s):Todd McCoy, Parks and Recreation Director Background On September 22, 2017 the Parks and Recreation Department advertised for bids to purchase six (6) new 36” cut mowers. The replacement items are necessary as the current equipment is becoming less dependable. The new equipment will provide additional years of service and meets the requirements of the Cemetery operation. Discussion Two bids were received. Buffalo Outdoor Power of Kearney, Nebraska $22,950.00 Midwest MotorSports, LLC of Geneva, Nebraska $23,814.00 Staff recommends the low bid from Buffalo Outdoor Power. The bid provides for six (6) new 36” riding mowers in the about of $3,825 each. The total price of the bid is $22,950.00. Funds were budgeted this year for this purchase in capital account 10044405-85615. 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 - 10/10/2017 Page 245 / 285 Recommendation City Administration recommends that the City Council approve the purchase of six (6) new 36” cut mowers. Sample Motion Move to approve the purchase of six (6) new 36” cut mowers from Buffalo Outdoor Power of Kearney, Nebraska for a total purchase price of $22,950.00. Grand Island Council Session - 10/10/2017 Page 246 / 285 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 3, 2017 at 2:00 p.m. FOR:(6) 36” Cut Mowers DEPARTMENT:Parks & Recreation ESTIMATE:$24,810.00 FUND/ACCOUNT:10044405-85615 PUBLICATION DATE:September 22, 2017 NO. POTENTIAL BIDDERS:3 SUMMARY Bidder:Buffalo Outdoor Power Midwest MotorSports, LLC Kearney, NE Geneva, NE Exceptions:None None Bid Price:$22,950.00 $23,814.00 cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Admin. Assist. Marlan Ferguson, City Administrator Renae Jimenez, Finance Director Stacy Nonhof, Purchasing Agent Mark Sands, Cemetery Superintendent P2005 Grand Island Council Session - 10/10/2017 Page 247 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-284 WHEREAS, the City of Grand Island invited sealed bids for Six (6) New 36” Cut Mowers, Scag Liberty Z Model #SZL36-18FR with Hurricane Mulch Kit Installed for the Grand Island Cemetery, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on October 3, 2017, two (2) bids were received, opened and reviewed; and WHEREAS, Buffalo Outdoor Power from Kearney, Nebraska submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $22,950.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Buffalo Outdoor Power from Kearney, Nebraska in the amount of $22,950.00 for Six (6) New 36” Cut Mowers, Scag Liberty Z Model #SZL36-18FR with Hurricane Mulch Kit Installed for the Grand Island Cemetery is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 248 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-21 #2017-285 - Approving Authorization to Seek Federal Assistance from the Land and Water Conservation Fund Program Staff Contact: Todd McCoy Grand Island Council Session - 10/10/2017 Page 249 / 285 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:October 10, 2017 Subject:Authorization to Seek Federal Assistance from the Land and Water Conservation Fund Program Presenter(s):Todd McCoy, Parks and Recreation Director Background On April 11, 2017 City Council approved a contract with Olsson Associates to design the expansion of the Veterans Sports Complex utilizing Food and Beverage tax funds. The expansion is planned to add six additional ball fields, picnic areas, additional green space, and the City of Grand Island’s very first splash pad. The objective of this expansion is to provide a high-quality facility for the residents of Grand Island, but also to pull in visitors from across the state of Nebraska, by greatly expanding Grand Island’s capacity for hosting baseball and softball tournaments. This project will have vast and important impacts on Grand Island’s quality of life, recreation opportunities, and visitor revenue. Discussion The City of Grand Island Parks and Recreation Department proposes to apply for federal assistance from the Land and Water Conservation Fund program. The application will be requesting $150,000 of funding toward the proposed expansion of the Veteran’s Sports Complex. The grant is due October 13, 2017. Funding from Land and Water funds requires a 1:1 match. Matching dollars are anticipated from the Food and Beverage tax funding. The City will specifically ask that the grant help with park amenities such as picnic shelters, landscaping, and playground equipment. Grand Island Council Session - 10/10/2017 Page 250 / 285 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the grant application 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 approves the resolution to authorize the Mayor to sign all related documents as it relates to funding assistance to the Land and Water Conservation Fund Program for the expansion of the Veterans Sports Complex. Sample Motion Move to approve the resolution to authorize the Mayor to sign all related documents as it relates to funding assistance from the Land and Water Conservation Fund Program for the expansion of the Veterans Sports Complex. Grand Island Council Session - 10/10/2017 Page 251 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-285 WHEREAS, the City of Grand Island, Nebraska proposes to apply for federal assistance from the Land and Water Conservation Fund Program for park amenities such as playground equipment and picnic shelters; and WHEREAS, the Mayor is authorized to sign documents to obtain financial assistance, including a Project Agreement with the State of Nebraska and the National Park Service; and WHEREAS, the City of Grand Island Nebraska will, within thirty (30) days following federal approval, obtain the necessary consultant or appraisal service for this project as directed and as required by Nebraska Game and Parks Commission staff; and WHEREAS, the City of Grand Island, Nebraska has budgeted or currently has available its 50 percent match of the proposed total project funds and will allocate these funds toward this project upon project approval by the Nebraska Game and Parks Commission; and WHEREAS, such project will be funded through the Food and Beverage Tax; and WHEREAS, the City of Grand, Nebraska has the financial capability to operate and maintain the completed project and park property in a safe, attractive and sanitary manner; and WHEREAS, the City of Grand Island, Nebraska will not discriminate against any person on the basis of race, color, age, religion, disability, sex or national origin in the use of any property or facility acquired or developed pursuant to the project proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-354 (1964), and any of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17; and WHEREAS, no property acquired and/or developed under this project shall, without the approval of the Nebraska Game and Parks Commission and the Secretary of the Interior, be converted to other than public outdoor recreation use and, such approval may be granted only if it is in accord with the then existing Statewide Comprehensive Outdoor Recreation Plan (SCORP), and only upon such conditions as deemed necessary to assure the substitution of other outdoor recreation properties of at least equal fair market value and of reasonable equivalent usefulness and location; and WHEREAS, the City of Grand, Nebraska will replace the land in the event of a conversion in use in accordance with Section 6(f)(3) of the Land and Water Conservation Fund Act of 1965, as amended; and WHEREAS, the City of Grand Island, Nebraska agrees to comply with all State and Federal requirements and standards where they can be applied in making the facilities developed under this project, and all future projects, accessible to and usable by the disabled. Grand Island Council Session - 10/10/2017 Page 252 / 285 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 253 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-22 #2017-286 - Approving Emergency Declaration for PGS Turbine Repairs Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/10/2017 Page 254 / 285 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:October 10, 2017 Subject:Emergency Declaration for Platte Generating Station Turbine Repairs Presenter(s):Timothy G. Luchsinger, Utilities Director Background A major inspection and overhaul of the turbine generator at Platte Generating Station is performed every five years. During this inspection, the turbine generator is completely disassembled and all components are cleaned, inspected, repaired, or replaced as necessary. On May 23, 2017 Council approved the contract for the Turbine Generator overhaul to Reliable Turbine Services for $892,891.00 which included time and material rates for additional work. The turbine generator is currently disassembled and contractors have identified several components in need of repair which could not have been identified until the unit was disassembled. The cost of the additional repairs is estimated at $1,000,000.00, and would extend the current outage an additional two weeks. City Procurement Code requires that purchases over $40,000.00 for the electric utility be formally advertised for bid, and a contract be approved by Council. The Procurement Code also allows Council to issue a declaration of emergency and authorize emergency procurement based on the most competitive method that the situation allows. Discussion Under normal procurement procedures, the soonest that a bid award could be completed is at the November 14, 2017 meeting, with a repair completion date sometime in December, resulting in the unavailability of generation capacity at Platte Generating Station during the peak demand season. Power to meet this demand would need to be purchased from the market or through the use of gas-fired generation at Burdick Station. It would also eliminate the potential for surplus power sales from Platte Grand Island Council Session - 10/10/2017 Page 255 / 285 Generating Station to the market. These costs would impact customers financially through an increase of the Power Cost Adjustment. The engineering staff at Platte Generating Station, along with their third-party technical field advisor, has evaluated the recommended repairs and determined which repairs are needed at this time to continue the safe and reliable operation of the turbine generator. It is recommendation by the Department that a declaration of emergency procurement be authorized, and Reliable Turbine Services proceed with the repairs through a contract change order. Repair costs would be based on the rates provided in the contract and monitored by plant management staff. It is projected that the repairs could be completed and the plant operational by November 6, 2017. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council authorize the declaration of emergency procurement for Emergency Repairs to the Platte Generating Station Turbine. Sample Motion Move to approve authorize the declaration of emergency procurement for Emergency Repairs to the Platte Generating Station Turbine. Grand Island Council Session - 10/10/2017 Page 256 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-286 WHEREAS, a major inspection and overhaul of the turbine generator at Platte Generating Station is performed every five years and during this inspection the generator is completely disassembled and all components are cleaned, inspected, repaired, or replaced as necessary; and WHEREAS, at the May 23, 2017 meeting, Council approved the contract for the Turbine Generator overhaul to Reliable Turbine Services for the fall outage in the amount of $892,891.00; and WHEREAS, during this inspection, it was discovered that several components need repair which could not have been identified until the unit was disassembled and the cost of the additional repairs is estimated at $1,000,000.00 and would extend the current outage an additional two weeks; and WHEREAS, the City’s Procurement Code allows Council to issue a declaration of emergency and authorize emergency procurement based on the most competitive method that the situation allows. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a declaration of emergency procurement for Emergency Repairs to the Platte Generating Station Turbine is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 257 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item G-23 #2017-287 – Approving Purchase of 3/4 Ton Dodge Truck from State Contract for the Fire Department Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 10/10/2017 Page 258 / 285 Council Agenda Memo From:Fire Chief Cory Schmidt Meeting:October 10, 2017 Subject:Purchase of a new Dodge Ram 2500 Presenter(s):Fire Division Chief Tim Hiemer Background The Fire Department attempts to maintain its fleet of vehicles to insure as long of service life as possible. The Fire Department also subscribes to a fleet replacement program that uses a lifecycle cost analysis and recommends the replacement of a vehicle once the total maintenance cost has reached 100% of the current value of the vehicle. At this point the cost of ownership would be more than what the vehicle is worth. The current 2003 Ford F150 has reached this point and due to continued maintenance issues, should be replaced. Discussion The vehicle the Grand Island Fire Department would like to purchase is a Dodge Ram 2500 equipped with a snow plow. This vehicle will replace a current staff vehicle and also add to the ability of the department to provide timely emergency response during major snow events. The Fire Department currently has one vehicle, a 2000 ¾ ton Chevy Suburban, which is used primarily for plowing snow and towing trailers. Current practice is to staff that vehicle with one person during major snow events in order to plow the streets in front of emergency response vehicles. However, due to an increase in call volume over the years it has now become evident that during major snow events, two vehicles are needed to ensure timely emergency response. Fire Administration requested $38,000 in the FY 2017-18 budget for the purchase of this vehicle. A Dodge Ram 2500 with a factory installed snow plow was found using state bid. The purchase price is $35,804 and the vehicle is available through Gene Steffy Chrysler, Jeep, Dodge Ram from Fremont, Nebraska. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 10/10/2017 Page 259 / 285 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 Dodge Ram 2500 for the Grand Island Fire Department at the cost of $35,804 from State bid. Sample Motion Move to approve the purchase of a Dodge Ram 2500 with snow plow for the Grand Island Fire Department at the cost of $35,804 utilizing State bid through Gene Steffy Chrysler, Jeep, Dodge Ram from Fremont, Nebraska. Grand Island Council Session - 10/10/2017 Page 260 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-287 WHEREAS, the Grand Island Fire Department currently has a 2003 Ford F150 in the fleet; and WHEREAS, the truck has electrical issues and over 100,000 miles, reliability and safety are in question; and WHEREAS, replacing the truck will decrease the maintenance cost, and provide another vehicle capable of plowing snow for emergency response. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, move to approve the purchase of a Dodge Ram 2500 with snow plow for $35,804 utilizing State bid through Gene Steffy Chrysler, Jeep, Dodge Ram of Fremont, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 261 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item I-1 #2017-288 - Consideration of a Bill of Sale and Assignment of Rights for the Transfer of the Kaneko Sculptures to the City of Grand Island Staff Contact: Jerry Janulewicz Grand Island Council Session - 10/10/2017 Page 262 / 285 Council Agenda Memo From:Jerry Janulewicz, City Attorney Meeting:October 10, 2017 Subject:Acceptance of Kaneko Sculptures Presenter(s):Jerry Janulewicz, City Attorney Background Grow Grand Island, Inc., a Nebraska nonprofit corporation, Grow Grand Island Arts & Humanities Committee, and the Grand Island Community Foundation, hereinafter jointly referred to as the “Donors”, collaborated to provide funding for and purchase of two ceramic sculptures created by artist Jun Kaneko to be donated to the City of Grand Island. The sculptures are installed at Railside Plaza in downtown Grand Island. In addition to the gift and assignment of license rights, the Grand Island Community Foundation holds $10,000 in an encumbered account to be utilized to pay the City’s property insurance deductible if the sculptures are damaged. Discussion In addition to the donation of the physical sculptures donors obtained assignment of certain of the artist’s rights and waiver of rights under the Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 106A, a United States law granting certain rights to artists. The donation of the sculptures is accompanied by an assignment of license rights under VARA. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Move to deny Recommendation City Administration recommends that the Council adopt the resolution accepting the gift of the sculptures and the assignment of license. Sample Motion Move to approve ratify and approve the resolution accepting the gift of the Kaneko sculptures and assignment of license. Grand Island Council Session - 10/10/2017 Page 263 / 285 DECLARATION OF GIFT AND ASSIGNMENT GRAND ISLAND COMMUNITY FOUNDATION, INC., a Nebraska nonprofit corporation, and GROW GRAND ISLAND ARTS & HUMANITIES COMMITTEE, hereinafter jointly referred to as the “DONORS”, do hereby give, grant, and transfer to the CITY OF GRAND ISLAND, NEBRASKA, hereinafter referred to as “CITY,” all DONORS’ right, title, and interest in and to two ceramic sculptures created by artist Jun Kaneko as set forth and depicted in the License Agreement dated August 24, 2017, by and among Jun Kaneko Studio, L.L.C., Jun Kaneko, and GROW GRAND ISLAND ARTS & HUMANITIES COMMITTEE, attached hereto and marked “Exhibit A”. Further, DONORS do hereby assign and transfer to CITY all DONORS’ right, title, and interest in and to the License Agreement dated August 24, 2017, by and among Jun Kaneko Studio, L.L.C., Jun Kaneko, and GROW GRAND ISLAND ARTS & HUMANITIES COMMITTEE. Date: __________________, 2017 GROW GRAND ISLAND ARTS & HUMANITIES COMMITTEE By: ________________________ Tammy Morris, Chair GRAND ISLAND COMMUNITY FOUNDATION By: ________________________ Melissa DeLaet, CEO Accepted by the CITY OF GRAND ISLAND, NEBRASKA Date: _____________________, 2017 By: __________________________ Jeremy L. Jensen [attest] ____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 264 / 285 Grand Island Council Session - 10/10/2017 Page 265 / 285 Grand Island Council Session - 10/10/2017 Page 266 / 285 Grand Island Council Session - 10/10/2017 Page 267 / 285 Grand Island Council Session - 10/10/2017 Page 268 / 285 Grand Island Council Session - 10/10/2017 Page 269 / 285 Grand Island Council Session - 10/10/2017 Page 270 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-288 WHEREAS, Grow Grand Island, Inc., a Nebraska nonprofit corporation, Grow Grand Island Arts & Humanities Committee, and the Grand Island Community Foundation, hereinafter jointly referred to as the “Donors”, collaborated to provide funding for and purchase of two ceramic sculptures created by artist Jun Kaneko to be donated to the City of Grand Island; and WHEREAS, said sculptures are installed at Railside Plaza in the City of Grand Island; and WHEREAS, Donors desire to give, grant, and convey said sculptures to the City of Grand Island and to assign to the City of Grand Island the Donors’ license rights in and to said sculptures; and WHERAS, The City of Grand Island desires to accept the donation of the sculptures and assignment of license rights; and WHEREAS, by adoption of this Resolution, the City of Grand Island hereby expresses is appreciation for Donors’ gift and donation to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Donors’ gift of two ceramic sculptures created by artist Jun Kaneko to the City of Grand Island and the assignment of license rights pertaining thereto should be and the same hereby are accepted in the name of and on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 271 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item I-2 #2017-289 - Consideration of Change Order No. 1 with CMBA Architects for the EM/911 Building Staff Contact: Jon Rosenlund Grand Island Council Session - 10/10/2017 Page 272 / 285 Council Agenda Memo From:Jon Rosenlund, Director of Emergency Management Meeting:October 10, 2017 Subject:Approving Change Order to Design & Build Contract for Change of Location Presenter(s):Jon Rosenlund, Director of Emergency Management Background The City Council awarded the bid for Design and Build of an Emergency Management and 911 Communications Center (EM911) with CMBA Architects in October 2016. In June 2017, the bids received for the construction of the EM911 Center exceeded the budget and were rejected. As a result, certain design changes and a location change are proposed by the Emergency Management Department, Fire Department and City Administrator. These proposed changes are intended to keep the building under budget, but to also capitalize on a location change to improved security of the facility. These changes require this Change Order with CMBA for the Design and Building of this facility. Discussion In October 2016, the City Council approved by Resolution 2016-255 a Design and Build contract for $250,000.00 with CMBA Architects to design and manage the construction of an Emergency Management and 911 Communications facility located at Fonner Park Road adjacent to the Fire Station #1. Intended to also serve as a joint training facility for the Fire Department, the building offered expanded office and classroom space for that secondary function. In June 2017, a request for proposals to construct the facility resulted in bids that exceeded the budget and were rejected. As a result, the building’s size, design and infrastructure have been modified to meet the budgetary constraints yet still meet its primary function as an Emergency Operations and 911 Center. However, in consequence of these design changes, the facility can no longer meet the secondary function of Fire Department training site and its co-location with Fire Station #1 no longer provided the Fire Department the capabilities it needs as it improves its training capacity at that location. Grand Island Council Session - 10/10/2017 Page 273 / 285 At this same time, the City Administrator was in contact with owners of undeveloped land on the Southwest corner of 13th Street and North Road for the purchase of this land for the purpose of constructing the EM911 structure at that location. This 3.6 acres would also be ideal for the relocation of Fire Station #4, which is being considered under a different agreement. That agreement would have Menard’s paying for the 3.6 acres and building a new fire station in exchange for the current Fire Station #4 and land. The proposed location is easily serviced by City Utilities, can easily connect to the City Network at the nearby node location, is further from natural and manmade hazards, and is not as bound by other City or public facilities in the area. Therefore, the Department, working with the Fire Department and City Administrator, have identified 13th Street and North Road as their preferred location for the EM911 facility which will allow for greater geo-diversity from the current City Hall 911 location, further distance from natural and other hazards, and less interruption of Fire Department development of its training facilities at Fonner Park Road. This proposal was provided to the joint City and County Interlocal Committee for Emergency Management for their input and reaction. They approved this move and recommended it to the entire Council. With the location change, certain changes are required to the original CMBA Design and Build contract signed in October 2017 to accommodate the site change. This change order contract is attached and the increase is $25,500.00. 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 change order of $25,500.00. Sample Motion Move to approve the Change Order with CMBA. Grand Island Council Session - 10/10/2017 Page 274 / 285 Grand Island Council Session - 10/10/2017 Page 275 / 285 Grand Island Council Session - 10/10/2017 Page 276 / 285 Grand Island Council Session - 10/10/2017 Page 277 / 285 Grand Island Council Session - 10/10/2017 Page 278 / 285 Grand Island Council Session - 10/10/2017 Page 279 / 285 Grand Island Council Session - 10/10/2017 Page 280 / 285 Grand Island Council Session - 10/10/2017 Page 281 / 285 Grand Island Council Session - 10/10/2017 Page 282 / 285 Proposed Boring Location E911 Emergency Building Legend Proposed Soil Test Boring 100 ft N➤➤N © 2017 Google © 2017 Google © 2017 Google Grand Island Council Session - 10/10/2017 Page 283 / 285 Approved as to Form ¤ ___________ December 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-289 WHEREAS, on October 13, 2016, by Resolution 2017-, the City Council of the City of Grand Island previously approved the bid of CMBA of Grand Island, Nebraska for the Design and Build of an Emergency Management and 911 Facility; and WHEREAS, the design and location of that structure has been altered to meet budgetary constraints and capitalize on a newly available and more appropriate location; and WHEREAS, The CMBA has requested a change order to their original contract to accommodate the necessary design and engineering changes for this new location; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the site and design changes are beneficial to the City of Grand Island and its Departments and agree to the change order to the original Design and Build Contract with CMBA of Grand Island, Nebraska, totaling $25,500.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract modification on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 10, 2017. _______________________________________ Jeremy Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/10/2017 Page 284 / 285 City of Grand Island Tuesday, October 10, 2017 Council Session Item J-1 Approving Payment of Claims for the Period of September 27, 2017 through October 10, 2017 for a total amount of $2,023,711.24. A MOTION is in order. Staff Contact: Renae Jimenez Grand Island Council Session - 10/10/2017 Page 285 / 285