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04-24-2018 City Council Regular Meeting Packet City of Grand Island Tuesday, April 24, 2018 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, NE 68801 Grand Island Council Session - 4/24/2018 Page 1 / 120 City of Grand Island Tuesday, April 24, 2018 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Father Robert Lewis, St. Stephen's Episcopal Church, 422 West 2nd Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 4/24/2018 Page 2 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item E-1 Public Hearing on Request from La Mexicana, Inc. dba La Mexicana, 3333 Ramada Road, Suite B for a Class “I” Liquor License Council action will take place under Consent Agenda item G-4. Staff Contact: RaNae Edwards Grand Island Council Session - 4/24/2018 Page 3 / 120 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:April 24, 2018 Subject:Public Hearing on Request from La Mexican, Inc. dba La Mexicana, 3333 Ramada Road, Suite B for a Class “I” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion La Mexicana, Inc. dba La Mexicana, 3333 Ramada Road, Suite B has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 4/24/2018 Page 4 / 120 Also submitted was a request for Liquor Manager Designation for Veronica Alvarez, 609 S. Stuhr Road. Ms. Alvarez has completed a state approved alcohol server/seller training program. Staff recommends 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. 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 La Mexicana, Inc. dba La Mexicana, 3333 Ramada Road, Suite B for a Class “I” Liquor License contingent upon final inspections and Liquor Manager Designation for Veronica Alvarez, 609 S. Stuhr Road. Grand Island Council Session - 4/24/2018 Page 5 / 120 Grand Island Council Session - 4/24/2018 Page 6 / 120 Grand Island Council Session - 4/24/2018 Page 7 / 120 Grand Island Council Session - 4/24/2018 Page 8 / 120 Grand Island Council Session - 4/24/2018 Page 9 / 120 Class “I” Liquor License Application: La Mexicana ! ! ! ! ! ! ! ^_ MIDARO DR TRI STSANDRA RD LOCUST ST ACCESS DE ANN RDLAKE ST LOCUST ST SEXCHANGE RDARLENE AVEKNOTT AVEUS 34 HWY EWOODLAND BLVDWOODLAND CIR US 34 HWY W WOODLAND DR RAMADA RD LOCUST ST SLOCUST ST SRAMADA RDUS 34 HWY W US 34 HWY E LAKE ST WOODLAND DR LAKE ST LOCUST ST SLOCUST ST SUS 34 HWY W LAKE ST LOCUST ST SLOCUST ST SKNOTT AVE Ê 3333 Ramada Road, Suite B Legend ^_3333 Ramada Road, Suite B !Licensed Locations Roads Grand Island Council Session - 4/24/2018 Page 10 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement located at West Park Plaza (West Park Plaza Mobile Home Park, LLC) Council action will take place under Consent Agenda item G-5. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/24/2018 Page 11 / 120 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:April 24, 2018 Subject:Acquisition of Utility Easement – Part of Section 27-11- 10 – West Park Plaza Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of West Park Plaza Mobile Home Park, LLC, located through a part of the Southeast Quarter (SE ¼), Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th PM, in the City of Grand Island, Hall County, Nebraska (West Park Plaza), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The owner of the property at West Park Plaza is preparing to upgrade the facilities in the Mobile Home Park. As part of the redevelopment, a new underground power line needs to be installed adjacent to an interior access road. The proposed easement will allow the Utilities Department to install, access, operate and maintain the underground power line, pad-mount transformers and related electrical equipment which will serve the area. After the new underground power line is in service, the existing overhead power line, along the northerly side of the property will be removed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 4/24/2018 Page 12 / 120 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 4/24/2018 Page 13 / 120 Grand Island Council Session - 4/24/2018 Page 14 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement located East of Capital Avenue and E. Highway 30 Intersection (Richard & Kim Landell) Council action will take place under Consent Agenda item G-6. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/24/2018 Page 15 / 120 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:April 24, 2018 Subject:Acquisition of Utility Easement – East of the Capital Avenue and East Highway 30 Intersection - Landell Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Richard and Kim Landell, through a part of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼), Section One (1), Township Eleven (11) North, Range Nine (9) West of the 6th PM, in the City of Grand Island, Hall County, Nebraska (east of Capital Avenue and east of the Highway 30 Intersection), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The owner of the property at 4413 E. Highway 30 is preparing to locate a new business on the property. As part of the development, the existing power line needs to be upgraded. The proposed easement will allow the Utilities Department to install, access, operate and maintain the power line, transformer and related electrical infrastructure which serves the area. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 4/24/2018 Page 16 / 120 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 4/24/2018 Page 17 / 120 Grand IslandCouncil Session - 4/24/2018Page 18 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item E-4 Public Hearing on Development of 2018-2019 Annual Action Plan for CDBG Activities Council action will take place under Consent Agenda item G-13. Staff Contact: Amber Alvidrez Grand Island Council Session - 4/24/2018 Page 19 / 120 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting:April 24, 2018 Subject:Public Hearing on the Development of 2018-2019 Annual Action Plan for CDBG Activities Presenter(s):Amber Alvidrez, Community Development Administrator Background Grand Island became an Entitlement Community in September 2015. A large part of the planning process for this Community Development Block Grant (CDBG) model is the creation of the 3, 4 or 5-year Consolidated Plan, and the Annual Action Plan. The Consolidated Plan represents the City’s goals for CDBG funding in broad scope, it identifies the areas and focus of CDBG priorities. The City has chosen to complete a 3-year Consolidated Plan which is currently in place and covers the time period of 2016-2018. The Five Priorities outlined in the Consolidated Plan are as follows in order of identified importance: •Increase Quality & Affordable Housing Options •Cultivate Small and Emerging Businesses •Support Public Services for Neighborhoods and Vulnerable Populations •Improve Public Facilities •Create Re-Investment Opportunities in Downtown The Annual Action Plan breaks down the priorities and lists specific dollar amounts and which projects will be funded in the assigned year. A separate Annual Action Plan is prepared for each Fiscal Year. The public hearing today is to discuss the planned programs for the 2018-2019 Annual Action Plan. Discussion Projects being considered for the 2018-2019 Annual Action Plan are outlined in the Power Point presentation. Grand Island Council Session - 4/24/2018 Page 20 / 120 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Accept the Development of 2018-2019 Annual Action Plan for CDBG Activities. 2.Do not accept the Development of 2018-2019 Annual Action Plan for CDBG Activities. Recommendation City Administration recommends that the Council accept the Development of 2018-2019 Annual Action Plan for CDBG Activities. Sample Motion Move to accept the Development of 2018-2019 Annual Action Plan for CDBG Activities. Grand Island Council Session - 4/24/2018 Page 21 / 120 Development of 2018-2019 Annual Action Plan for CDBG Activities April 24, 2018 Grand Island Council Session - 4/24/2018 Page 22 / 120 Objective To inform the public of the priorities identified by the Community Needs Assessment and the planned priorities for CDBG funding throughout the 2018-2019 Annual Action Plan. HUD requires the Community Development Division to hold one public hearing during the planning process, and another once the plan is complete and ready for submission. COMMUNITY DEVELOPMENT Grand Island Council Session - 4/24/2018 Page 23 / 120 The Funding Priorities To gain perspective on the City’s goals for funding priorities and to meet the consultation requirements of the 2016-2018 Consolidated Plan, the City identified the following five priorities listed in order of priority: Increase Quality & Affordable Housing Options Cultivate Small and Emerging Businesses Support Public Services for Neighborhoods and Vulnerable Populations Improve Public Facilities Create Re-Investment Opportunities in Downtown COMMUNITY DEVELOPMENT Grand Island Council Session - 4/24/2018 Page 24 / 120 Prospective Projects At this time the City is planning on implementing three projects with 2018-2019 CDBG funding. These projects include: Owner Occupied Rehab through Housing Development Corporation Sewer and Water Single Unit Residential Rehab Continuation of the Public Service Grant (Previously called the Continuum of Care Grant ) Community Development has also created a Stakeholders group to serve as a consultation body during the process of deciding on CDBG funding amounts. The next public hearing which will review the exact dollar amounts for each project will be held in July. COMMUNITY DEVELOPMENT Grand Island Council Session - 4/24/2018 Page 25 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-1 Approving Minutes of April 10, 2018 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 4/24/2018 Page 26 / 120 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 10, 2018 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 April 10, 2018. Notice of the meeting was given in The Grand Island Independent on April 4, 2018. 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, Interim Finance Director William Clingman, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council members Maddy Oakeson and Dalton Vieth. INVOCATION was given by Mayor Jensen followed by the PLEDGE OF ALLEGIANCE. PRESENTATION AND PROCLAMATIONS: Presentation by Almquist, Maltzahn, Galloway, & Luth for Fiscal Year Ended 9-30-17 City Single Audit and General Purpose Financial Statements and Electric and Water Audit Reports. Terry Galloway from Almquist, Maltzahn, Galloway, & Luth presented the fiscal year ending September 30, 2017 City Single Audit and General Purpose Financial Statements and Electric and Water Audit Reports. The City received the highest level of accounting from an outside agency. Mr. Galloway answered questions concerning the cash reserves. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement - 3304 E. Seedling Mile Road (Duffay Hemmingsen). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3304 E. Seedling Mile Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to install, access, operate and maintain the primary electric pad-mounted transformer that will serve this property. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 2304 E. Seedling Mile Road (A O M Machining, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2304 E. Seedling Mile Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to install, access, operate and maintain the Grand Island Council Session - 4/24/2018 Page 27 / 120 Page 2, City Council Regular Meeting, April 10, 2018 primary electric pad-mounted transformer that will serve this property. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 6950 St. Paul Road (Leo & Jeanne Mettenbrink). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 6950 St. Paul Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would allow the Utilities Department to install, access, operate and maintain the power line, transformer and related electrical infrastructure which serve the area. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Permanent Easement for West Stolley Park Road and Engleman Road Sanitary Sewer Extension; Project No. 2017-S-3 and Sanitary Sewer District No. 540T (H & H Self Storage, LLC). Public Works Director John Collins reported that a permanent easement was needed to accommodate extension of sanitary sewer to the West Stolley Park Road and Engleman Road area. The public utility easement would allow for the construction, operation, maintenance, extension, repair, replacement, and removal of material within the easement. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Permanent Easement for West Stolley Park Road and Engleman Road Sanitary Sewer Extension; Project No. 2017-S-3 and Sanitary Sewer District No. 540T (Shafer & Hartman Farms, LLC). Public Works Director John Collins reported that a permanent easement was needed to accommodate extension of sanitary sewer to the West Stolley Park Road and Engleman Road area. The public utility easement would allow for the construction, operation, maintenance, extension, repair, replacement, and removal of material within the easement. Staff recommended approval. No public testimony was heard. Public Hearing on Request to Rezone Property located at 2333 Webb Road from CD Commercial Development to CD Amended Commercial Development (Zanadu, Inc.). Regional Planning Director Chad Nabity reported that an application had been made to rezone property described as Lot One (1) Block Nine (9) of the Second Amendment to Lot 1, Block 9 of Continental Gardens Subdivision in the City of Grand Island, NE, from CD Commercial Development Zone to Amended CD Commercial Development Zone. Staff recommended approval. No public testimony was heard. Public Hearing on Amendment to the Redevelopment Plan for CRA Area 1 for Site Specific Redevelopment Plan located at 408 East 2nd Street (Weinrich Developments, Inc.). Regional Planning Director Chad Nabity reported that Weinrich Developments Inc, had a contract to purchase property owned by the Grand Island CRA at 408 East 2nd Street and had submitted a proposed amendment to the redevelopment plan that would provide acquisition and redevelopment of this property for residential purposes. Staff recommended approval. No public testimony was heard. Grand Island Council Session - 4/24/2018 Page 28 / 120 Page 3, City Council Regular Meeting, April 10, 2018 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: #9683 - Consideration of Amendments to Chapter 32 of the Grand Island City Code Relative to Streets and Sidewalks #9684 - Consideration of Approving Request to Rezone Property located at 2333 Webb Road from CD Commercial Development to CD Amended Commercial Development (Zanadu, Inc.) 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. #9683 - Consideration of Amendments to Chapter 32 of the Grand Island City Code Relative to Streets and Sidewalks Public Works Director John Collins reported that in order to comply with the encroachment requirements specified in the agreements for Federal-aid Transportation projects through the Nebraska Department of Transportation, Grand Island City Code was being revised to specifically address underground lawn irrigation systems located in public Right-of-Way. Staff recommended approval. Motion by Donaldson, second by Fitzke to approve Ordinance #9683. City Clerk: Ordinance #9683 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 #9683 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 #9683 is declared to be lawfully adopted upon publication as required by law. #9684 - Consideration of Approving Request to Rezone Property located at 2333 Webb Road from CD Commercial Development to CD Amended Commercial Development (Zanadu, Inc.) This item related to the aforementioned Public Hearing. Motion by Haase, second by Minton to approve Ordinance #9684. Grand Island Council Session - 4/24/2018 Page 29 / 120 Page 4, City Council Regular Meeting, April 10, 2018 City Clerk: Ordinance #9684 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 #9684 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 #9684 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-9 (Resolution #2018-94) was removed for further discussion. Motion by Stelk, second by Hehnke to approve the Consent Agenda excluding item G-9. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of March 27, 2018 City Council Regular Meeting. Approving Request from Deanna Frankforter, 2611 Apache Road for Liquor Manager Designation for Pumpers, 1904 No. Diers Avenue. Approving Request from Beverly Wolfe, 1608 Coventry Lane for Liquor Manager Designation for Platt Duetsche, 1315 West Anna Street. #2018-89 - Approving Acquisition of Utility Easement - 3304 E. Seedling Mile Road (Daffay Hemmingsen). #2018-90 - Approving Acquisition of Utility Easement - 2304 E. Seedling Mile Road (A O M Machining, LLC). #2018-91 - Approving Acquisition of Utility Easement - 3950 St. Paul Road (Leo & Jeanne Mettenbrink). #2018-92 - Approving Bid Award for Platte Generating Station Coal Crusher Replacement with American Pulverizer Company of St. Louis, Missouri in an Amount of $175,500.00. #2018-93 - Approving Purchase of 2019 Ford F-250 4x4 Truck with Utility Body for the Utilities Department Water Shop from State Contract with Sid Dillon of Ceresco, Nebraska in an Amount of $48,644.00. #2018-94 - Approving Engineering Consulting Agreement for Transfer Station Operations and Facility Improvement Study with SCS Engineers of Omaha, Nebraska in an Amount of $60,130.00. Solid Waste Superintendent Jeff Wattier answered questions concerning recycling. Motion by Nickerson, second by Minton to approve Resolution #2018-94. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 4/24/2018 Page 30 / 120 Page 5, City Council Regular Meeting, April 10, 2018 #2018-95 - Approving Addition to 2018 One Year Street Improvement Plan. #2018-96 - Approving Acquisition of Permanent Easement for West Stolley Park Road and Engleman Road Sanitary Sewer Extension; Project No. 2017-S-3 and Sanitary Sewer District No. 540T (H & H Self Storage, LLC). #2018-97 - Approving Temporary Construction Easement for West Stolley Park Road and Engleman Road Sanitary Sewer Extension; Project No. 2017-S-3 and Sanitary Sewer District No. 540T (H & H Self Storage, LLC). #2018-98 - Approving Acquisition of Permanent Easement for West Stolley Park Road and Engleman Road Sanitary Sewer Extension; Project No. 2017-S-3 and Sanitary Sewer District No. 540T (Shafer & Hartman Farms, LLC). #2018-99 - Approving Change Order No. 2 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 for a Time Extension of June 30, 2018. #2018-100 - Approving Bid Award for Curb Ramp Project No. 2018-CR-2 CDBG with Galvan Construction, Inc. of Grand Island, Nebraska in an Amount of $137,246.75. #2018-101 - Approving Renewal Agreement for GIS Software with Environmental Systems Research Institute (ESRI) in an Amount of $105,000.00 for three years. #2018-102 - Approving 2018 High Intensity Drug Trafficking Area (HIDTA) Grant. #2018-103 - Approving Public Service Grant Sub-Recipient Agreement with the Multicultural Coalition of Grand Island. REQUESTS AND REFERRALS: Consideration of Forwarding Blighted and Substandard Area #26 to the Hall County Regional Planning Commission (Fred Hoppe). Regional Planning Director Chad Nabity reported that a Substandard and Blight Study was prepared for Fred Hoppe by Marvin Planning Consultants. This study was for approximately 28.42 acres of property in northeast Grand Island located west of the Central Nebraska Railroad tracks and between Capital Avenue and 12th Street. The study as prepared and submitted indicated this property could be considered blighted and substandard. Staff recommended approval. Keith Marvin with Marvin Consulting from David City, Nebraska spoke in support. Brian Schulz, 812 West 15th Street representing Habitat for Humanity spoke in support. Motion by Donaldson, second by Stelk to approve. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 4/24/2018 Page 31 / 120 Page 6, City Council Regular Meeting, April 10, 2018 RESOLUTIONS: #2018-104 - Consideration of Approving Amendment to the Redevelopment Plan for CRA Area 1 for Site Specific Redevelopment Plan located at 408 East 2nd Street (Weinrich Developments, Inc.). This item was related to the aforementioned Public Hearing. Staff recommended approval. Councilmember Haase commented on the cash flow for this project and stated he didn’t see a need for TIF financing. Motion by Fitzke, second by Minton to approve Resolution #2018-104. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Jones, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. #2018-105 - Consideration of Skeet Field Expansion Project to be Donated at Heartland Public Shooting Park. Parks & Recreation Director Todd McCoy reported that Grand Island Skeet and Sporting Clay’s, Inc. had proposed to build three (potentially four if funding allowed) new skeet ranges. The skeet ranges would be overlaid on top of the existing trap ranges. The additional skeet ranges would enhance HPSP by making events run more quickly, increase efficiency, and make the park more attractive for larger events. The total cost of the improvement was estimated at $225,000 to be funded privately. Upon completion of the project the City would be responsible for maintaining the improvement. Staff recommended approval. Discussion was held regarding maintenance and staffing. Mr. McCoy stated there was a chance that in the future he would need more employees. Motion by Fitzke, second by Donaldson to approve Resolution #2018-105. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Jones to approve the payment of claims for the period of March 28, 2018 through April 10, 2018 for a total amount of $2,079,453.18. Upon roll call vote, all voted aye. ADJOURNMENT: The meeting was adjourned at 8:04 p.m. RaNae Edwards City Clerk Grand Island Council Session - 4/24/2018 Page 32 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-2 Approving Minutes of April 17, 2018 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 4/24/2018 Page 33 / 120 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION April 17, 2018 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on April 17, 2018. Notice of the meeting was given in the Grand Island Independent on April 11, 2018. President Vaughn Minton called the meeting to order at 7:00 p.m. The following Councilmembers were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Linna Dee Donaldson, Vaughn Minton, Roger Steele, and Mike Paulick. Mayor Jeremy Jensen, Councilmembers Julie Hehnke and Michelle Fitzke were absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Assistant Finance Director William Clingman, City Attorney Jerry Janulewicz and Public Works Director John Collins. President Vaughn Minton introduced Community Youth Council members Isaac Ruzicka and Connor Henke. INVOCATION was given by Community Youth Council member Isaac Ruzicka followed by the PLEDGE OF ALLEGIANCE. SPECIAL ITEMS: Discussion Regarding On Street Parking and Street Widths. Regional Planning Director Chad Nabity reported that in 2014 the Grand Island City Council adopted revised street standards and typical street cross sections to Chapter 33 of the Grand Island City Code. These new standards specifically allowed public street widths narrower than the 37’ standard street with restrictions on parking. Since 2014 some of these narrower streets had been built and others had been approved with parking limited to one side of the street. City staff was concerned that long term this would create enforcement issues. City staff was recommending the following changes to Chapters 33 and 36 to address concerns with street widths and parking. Remove Appendix C from the Subdivision Regulations and replace it with the Street Width Matrix. Appendix C was adopted by Council as the street standards for the City of Grand Island in 2014. The typical street standards regulated by Appendix C, including the preferred location for utilities and sidewalks would be maintained and enforced by the Grand Island Public Works department as plans for new streets were submitted for engineering approval. The Street Width Matrix would provide guidance to and options for developers regarding allowable street widths in various zoning districts along with street parking availability within those districts based on the street width. Grand Island Council Session - 4/24/2018 Page 34 / 120 Page 2, City Council Study Session, April 17, 2018 Along with these changes City Staff was recommending that the Yard Requirements and Off Street Parking Requirements be amended to specify that residential units with garages facing the street need to have a minimum setback from the garage door to the property line of 25 feet to allow a vehicle to be parked on the driveway without overhanging the public right of way. Some communities allowed parking on both sides of the street on narrower streets. This creates issues for maintaining a 20’ fire lane. For fire safety and access it was necessary to maintain at least a 20’ lane. A 32’ wide street with parking on one side allowed for at least a 24’ wide fire lane. Kearney had recently approved changes to allow 32’ wide streets with parking on both sides provided the driveways to the houses are offset in such a manner that parking was not allowed on both sides of the street at the same location. This maintained a 24’ fire lane and allowed parking on both sides of the street. This does require that the developer commit to where the driveways will be placed on the lots at the time of platting and street design. The street width matrix presented would become part of the Subdivision regulations if adopted and would dictate widths and what parking was allowed. The proposal would require that developers who want to build 32 foot streets specify where the driveways would fall on each lot at the time of subdivision to insure that the minimum fire lane could be maintained. The second change suggested would require that overhead doors for residential garages set back a minimum of 25 feet, at least one car length from the property. The Regional Planning Commission discussed these proposed changes at their February meeting and recommended approval of them after a public hearing at their March meeting. Comments were made by Council concerning not being in favor of parking on one side of the street. Mr. Nabity said they had not had any input from developers regarding these changes. Presentation of OpenGov Budget Tool. Assistant Finance Director William Clingman reported that on November 7, 2017 a presentation was given to the City Council about the OpenGov budget tool that the City was looking to purchase. On November 14, 2017 the purchase of the OpenGov software was approved. Given was a brief overview of the OpenGov budget tool that City staff would use for the 2018- 2019 budget year. City Council members would be given read access to the proposed budget once it had been reviewed by City Administration. Mr. Clingman stated the OpenGov platform provided two basic reports, the budgeting platform and the budget book tool. The two basic reports were the Budget Milestone Report and Budget to Actual Report. Reviewed were the two reports, primarily the budget to actual report. The final step of the OpenGov budget process would be to create the budget book that would be provided to the public and City Council. This was in the process of being created and it would not be ready to present until approximately July 2018. Grand Island Council Session - 4/24/2018 Page 35 / 120 Page 3, City Council Study Session, April 17, 2018 Discussion was held regarding Council budget polices. Initial proposals by the departments would not be seen by Council until Administration had reviewed the figures. Mr. Clingman stated they could export the figures at any given time so Council could see the changes. City Administrator Marlan Ferguson stated he had advised the departments they could figure a 2% increase on General Fund expenses from last year’s budget. June 12, 2018 would be the beginning of the budget process for FY 2018-2019. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. RaNae Edwards City Clerk Grand Island Council Session - 4/24/2018 Page 36 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-3 Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645 South Locust Street Staff Contact: RaNae Edwards Grand Island Council Session - 4/24/2018 Page 37 / 120 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:April 24, 2018 Subject:Approving Renewal of Pawnbrokers Official Bond Presenter(s):RaNae Edwards, City Clerk Background Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business of pawnbroker are required to make application to the Mayor and City Council. Along with the application and fee, a bond is required which is to be approved by the Mayor and City Council. Each license expires on April 30th of each year and must be renewed prior to that date. Discussion G.I. Loan Shop, 1004 West Second Street and Express Pawn, 645 South Locust Street has submitted their application, fee, and bond for renewal of their pawnbroker’s license. (See attached) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the renewals 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 application and bond for renewal of pawnbroker’s license. Sample Motion Move to approve the renewal applications and bonds for G.I. Loan Shop, 1004 West 2nd Street and Express Pawn, 645 South Locust Street. Grand Island Council Session - 4/24/2018 Page 38 / 120 Grand Island Council Session - 4/24/2018 Page 39 / 120 Grand Island Council Session - 4/24/2018 Page 40 / 120 Grand Island Council Session - 4/24/2018 Page 41 / 120 Grand Island Council Session - 4/24/2018 Page 42 / 120 Grand Island Council Session - 4/24/2018 Page 43 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-4 #2018-106 - Approving Request from La Mexicana, Inc. dba La Mexicana, 3333 Ramada Road, Suite B for a Class “I” Liquor License and Liquor Manager Designation for Veronica Alvarez, 609 S. Stuhr Road This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 4/24/2018 Page 44 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-106 WHEREAS, an application was filed by La Mexicana, Inc. doing business as La Mexicana, 3333 Ramada Road, Suite B for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 14, 2018; such publication cost being $18.99; and WHEREAS, a public hearing was held on April 24, 2018 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 Veronica Alvarez, 609 S. Stuhr Road as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 45 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-5 #2018-107 - Approving Acquisition of Utility Easement located at West Park Plaza (West Park Plaza Mobile Home Park, LLC) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/24/2018 Page 46 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-107 WHEREAS, a public utility easement is required by the City of Grand Island from West Park Plaza Mobile Home Park, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on April 24, 2018, for the purpose of discussing the proposed acquisition of a twenty (20.0) foot utility easement located through a part of the Southeast Quarter (SE ¼) of Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northeast corner of the Southeast Quarter (SE1/4), Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th PM, Grand Island, Hall County, Nebraska; thence on an assumed bearing of S0°39’43”E, along the easterly line of said Southeast Quarter (SE1/4), a distance of one hundred five and fifty three hundredths (105.53) feet; thence S88°51’59”W, a distance of thirty three (33.0) feet to a point on the westerly right-of-way line Engleman Road, being the ACTUAL Point of Beginning; thence continuing S88°51’59”W, a distance of nine hundred ninety nine and ninety five hundredths (999.95) feet to the point of termination. The above easement and right of way containing 0.46 acres, more or less, as shown on the plat dated 2/22/2018, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from West Park Plaza Mobile Home Park, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2018. _________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 47 / 120 Grand Island Council Session - 4/24/2018 Page 48 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-6 #2018-108 - Approving Acquisition of Utility Easement located East of Capital Avenue and E. Highway 30 Intersection (Richard & Kim Landell) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 4/24/2018 Page 49 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-108 WHEREAS, a public utility easement is required by the City of Grand Island from Richard Landell and Kim Landell, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on April 24, 2018, for the purpose of discussing the proposed acquisition of a twenty (20.0) foot utility easement located through a part of the Southwest Quarter of the Southeast Quarter (SW ¼, SE ¼) of Section One (1), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of the Southeast Quarter (SW1/4,SE1/4), Section One (1), Township Eleven (11) North, Range Nine (9) West of the 6th PM, in Hall County, Nebraska; thence easterly, along the southerly line of said Southwest Quarter of the Southeast Quarter (SW1/4,SE1/4), a distance of one thousand two hundred seventy two and three tenths (1,272.3) feet; thence northerly and perpendicular to the southerly line of the said Southwest Quarter of the Southeast Quarter (SW1/4,SE1/4), a distance of thirty three (33.0) feet to a point on the northerly right-of-way line of Capital Avenue, being the ACTUAL Point of Beginning; thence deflecting left 18°06’51” in a northwesterly direction, a distance of one hundred eighty three (183.0) feet to the point of termination. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above easement and right of way containing 0.08 acres, more or less, as shown on the plat dated 3/20/2018, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Richard Landell and Kim Landell, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2018. ______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 50 / 120 Grand IslandCouncil Session - 4/24/2018Page 51 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-7 #2018-109 - Approving Award of Proposal for Sludge Dewatering Polymer Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/24/2018 Page 52 / 120 Council Agenda Memo From:Jon Meough PE, Wastewater Treatment Plant Engineer Meeting:April 24, 2018 Subject:Approving Award of Proposal for Sludge Dewatering Polymer Presenter(s):John Collins PE, Public Works Director Background A Request for Proposals (RFP) to supply polymer for the primary/final clarifier sludge was advertised in the Grand Island Independent on January 12, 2018. The RFP was also sent to seventeen (17) potential proposers by the Wastewater Division of the Public Works Department. Four (4) proposals were received and opened on February 7, 2018. All four (4) responding suppliers were selected to provide polymer and conduct onsite testing at the Wastewater Treatment Plant (WWTP). Consolidated Water Solutions of Omaha, Nebraska Polydyne, Inc. of Riceboro, Georgia Hawkins Water Treatment Group of Roca, Nebraska Nalco Water of Lincoln, Nebraska Discussion Proposals were evaluated and ranked based upon the following criteria, using the weight percentages assigned to each element. Vendor experience with product – 25% Delivery time – 10% Jar testing performance report (jar testing done within previous 12 months is acceptable – 25% Performance testing on actual Belt Filter Presses – 40% The evaluation team consisted of the WWTP Operations Engineer and Biosolids Technician. WWTP staff is in mutual agreement that the polymer selection and optimal performance setup have been achieved by Consolidated Water Solutions of Omaha, Nebraska. The polymer supplied and tested by Consolidated Water Solutions is the most Grand Island Council Session - 4/24/2018 Page 53 / 120 cost effective in terms of Operator handling time and polymer expense per dry ton cake produced and is also more stable. Different dewatering conditions can be handled by using one product with this polymer. 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 award of the proposal to Consolidated Water Solutions of Omaha, Nebraska in the amount of $1.51 per pound (including shipping). Sample Motion Move to approve the award. Grand Island Council Session - 4/24/2018 Page 54 / 120 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR SLUDGE DEWATERING POLYMER RFP DUE DATE:February 7, 2018 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:January 12, 2018 NO. POTENTIAL BIDDERS:17 SUMMARY OF PROPOSALS RECEIVED Consolidated Water Solutions Polydyne, Inc. Omaha, NE Riceboro, GA Hawkins Water Treatment Group Nalco Water Roca, NE Lincoln, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator William Clingman, Interim Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent P2031 Grand Island Council Session - 4/24/2018 Page 55 / 120 AGREEMENT THIS AGREEMENT made and entered into this ____ day of __________, 2018, by and between CONSOLIDATED WATER SOLUTIONS hereinafter called the Vendor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused agreement documents to be prepared and an advertisement of a Request for Proposals for Sludge Dewatering Polymer for Primary/Final Clarifier Sludge for the City of Grand Island- 2018, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined that the aforesaid Vendor submitted the best proposal based on the evaluation criteria listed in the Request For Proposals, a copy thereof being attached to and made a part of this agreement, and has duly awarded to the said Vendor an agreement therefore, for the sum or sums named in the Polymer Proposal Form with terms & conditions submitted by the Vendor, a copy thereof being attached to and made a part of this agreement; NOW, THEREFORE, in consideration of the compensation to be paid to the Vendor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Vendor for itself, himself, or themselves, and its, his (hers), or their successors, as follows: ARTICLE I. That the Vendor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the agreement documents as listed in the attached Request for Proposals for Sludge Dewatering Polymer for Primary/Final Clarifier Sludge for the City of Grand Island- 2018 and in the attached Polymer Proposal Form as Submitted by the Vendor; said documents forming the agreement and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this agreement to the said Vendor, such award being based on the acceptance by the City of the Vendor's proposal; ARTICLE II. That the City shall pay to the Vendor for the performance of the work embraced in this agreement according to the quantities of polymer actually received as authorized and approved by the City. The Vendor will accept as full compensation therefore the sum (subject to adjustment as provided by the agreement) as follows: Polymer $1.51 per pound (Including Shipping) for all services, materials, and work covered by and included in the agreement award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the agreement. Such price shall be held firm by the Vendor from April 25, 2018 through April 24, 2019, with the possibility of up to a 5% increase in each of Year 2 and Year 3. ARTICLE III. The Vendor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the Vendor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Vendor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The Vendor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the vendor's name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of attached Request for Proposals for Sludge Dewatering Polymer for Primary/Final Clarifier Sludge for the City of Grand Island- 2018. ARTICLE IV. That the Vendor shall begin supplying the polymer as soon as possible after the agreement is signed. ARTICLE V. The term of this agreement shall be from the date of the last party signing the agreement to April 24, 2019. The agreement shall be automatically extended in one year increments upon the same terms and conditions unless terminated Grand Island Council Session - 4/24/2018 Page 56 / 120 2 | Page Sludge Dewatering Polymer for Primary/Final Clarifier Sludge City of Grand Island, Nebraska Agreement by service of notice of termination by any party on or before July 31st of any year this agreement continues in full force and effect. ARTICLE VI. The Vendor agrees to comply with all applicable State fair labor standards in the execution of this agreement as required by Section 73-102, R.R.S. 1943. The Vendor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this agreement, the Vendor and all Sub Vendors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, gender, national origin, age or disability. The Vendor agrees to comply with all applicable Local, State and Federal rules and regulations. ARTICLE VII. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE VIII. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or an agreement or sub agreement, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a Sub Vendor under an agreement to the prime Vendor or higher tier Sub Vendor or any person associated therewith, as an inducement for the award of a Sub Vendor to order. ARTICLE IX. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE X. LB 403: Every public Vendor and his, her or its Sub Vendors who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CONSOLIDATED WATER SOLUTIONS By ________________________________________ Title ______________________________ CITY OF GRAND ISLAND, NEBRASKA, By Attest____________________________________ Jeremy L. Jensen, Mayor RaNae Edwards, City Clerk The agreement is in due form according to law and is hereby approved. ______________________________ Stacy Nonhof, Asst. City Attorney Grand Island Council Session - 4/24/2018 Page 57 / 120 3 | Page Sludge Dewatering Polymer for Primary/Final Clarifier Sludge City of Grand Island, Nebraska Agreement APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this agreement, the vendor, for itself, its assignees and successors in interest (hereinafter referred to as the "vendor") agrees as follows: (1)Compliance with Regulations: The vendor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. (2)Nondiscrimination: The Vendor, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subvendors, including procurements of materials and leases of equipment. The vendor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3)Solicitations for Subvendors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the vendor for work to be performed under a subagreement, including procurements of materials or leases of equipment, each potential subvendor or supplier shall be notified by the vendor of the vendor's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4)Information and Reports: The vendor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a vendor is in the exclusive possession of another who fails or refuses to furnish this information the vendor shall so certify to the City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5)Sanctions for Noncompliance: In the event of the vendor's noncompliance with the nondiscrimination provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.)withholding of payments to the vendor under the agreement until the vendor complies, and/or (b.)cancellation, termination or suspension of the agreement, in whole or in part. (6)Incorporation of Provisions: The vendor shall include the provisions of paragraphs (1) through (6) in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The vendor shall take such action with respect to any subagreement or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a vendor becomes involved in, or is threatened with, litigation with a subvendor or supplier as a result of such direction, the vendor may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the vendor may request the United States to enter into such litigation to protect the interests of the United States. Grand Island Council Session - 4/24/2018 Page 58 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-109 WHEREAS, on January 12, 2018 a Request for Proposals (RFP) was advertised in the Grand Island Independent to supply Sludge Dewatering Polymer; and WHEREAS, on February 7, 2018 four (4) proposals were received and opened; and WHEREAS, all four (4) responding suppliers were selected to provide polymer and conduct onsite testing at the Wastewater Treatment Plant (WWTP), and WHEREAS, after extensive testing required to compare the product Consolidated Water Solutions of Omaha, Nebraska has shown the best value in testing of their polymer in the Belt Filter Press facility based on cost per ton of solids processed; and WHEREAS, Consolidated Water Solutions will honor the price of $1.51 per pound (including shipping) from April 25, 2018 through April 24, 2019, with the possibility of a 5% increase in each of Year 2 and Year 3. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the supply of a manufactured polymer form Consolidated Water Solutions of Omaha, Nebraska, in the amount of $1.51 per pound (including shipping) from April 25, 2018 through April 24, 2019 for supply and services in Sludge Dewatering Polymer for the Belt Filter Press process is hereby approved as the manufactured liquid polymer proposed for the best value per ton of solids processed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 59 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-8 #2018-110 - Approving Nebraska Unified Certification Program for Disadvantaged Business Enterprises Agreement in Connection with the City’s Transit Program Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/24/2018 Page 60 / 120 Council Agenda Memo From:Charley Falmlen, Transit Program Manager Meeting:April 24, 2018 Subject:Approving Nebraska Unified Certification Program for Disadvantaged Business Enterprises Agreement in Connection with the City’s Transit Program Presenter(s):John Collins PE, Public Works Director Background The City of Grand Island is the recipient of the United States Department of Transportation (USDOT) financial assistance, which includes Federal Highway Administration (FHWA), Federal Aviation Administration (FAA), and the Federal Transit Administration (FTA). The FTA requires that all communities which receive these funds adopt a Disadvantaged Business Enterprise (DBE) Plan. This plan sets forth how the City of Grand Island will ensure that DBE’s have an equal opportunity to receive and participate in Department of Transportation-assisted contracts. On June 27, 2017, via Resolution No. 2017-183, Grand Island City Council approved the Disadvantaged Business Enterprise Plan for the City of Grand Island. Discussion In an effort to streamline the certification process for all eligible Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) the State of Nebraska has established the Nebraska Unified Certification Program (NUCP) for Disadvantaged Business Enterprises Agreement. Such agreement will consist of the City of Grand Island, Lincoln Airport Authority (LAA), Lincoln Area Metropolitan Planning Organization (LAMPO), Lincoln StarTran (StarTran), Omaha Airport Authority (OAA), Omaha Metro Area Transit (Metro), Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA), and Nebraska Department of Transportation (NDOT). The NUCP will follow all certification procedures and standards of 49 CFR Part 26 and 49 CFR Part 23 on the same basis as the recipients. The advantage for all disadvantaged business enterprise and recipients of financial assistance is one standardized application will be utilized with a uniform application process, such that an applicant is required to apply only once for certification that will be honored by all recipients. Grand Island Council Session - 4/24/2018 Page 61 / 120 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 Nebraska Unified Certification Program for Disadvantaged Business Enterprises Agreement in connection with the City’s Transit Program. Sample Motion Move to approve the resolution. Grand Island Council Session - 4/24/2018 Page 62 / 120 [1] Nebraska Unified Certification Program (NUCP) Agreement Rev. 03.28.2018-1 Nebraska Unified Certification Program for Disadvantaged Business Enterprises A. Statement of Policy It is the policy of all State of Nebraska (Nebraska) recipients of United States Department of Transportation (USDOT) financial assistance (Recipients)—including assistance from the Federal Highway Administration (FHWA), Federal Aviation Administration (FAA), or the Federal Transit Administration (FTA)—that eligible Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) firms, as described in Code of Federal Regulations, Title 49, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs (49 CFR Part 26) and Code of Federal Regulations Title 49, Part 23, Participation of Disadvantaged Business Enterprise in Airport Concessions (49 CFR Part 23), will have a level playing field on which to participate in USDOT-assisted contracts. In an effort to help remove barriers that may exist to the participation of all eligible DBE/ACDBE firms the Recipients enter into this agreement (Agreement) establishing a DBE/ACDBE Unified Certification Program (UCP) in accordance with the requirements of 49 CFR Part 26.81, “What are the requirements for Unified Certification Programs?”, 49 CFR Part 23.31, “What certification standards and procedures do recipients use to certify ACDBEs?”, and 49 CFR Part 23.39, “What other certification requirements apply in the case of ACDBEs?”. The name of the UCP shall be the Nebraska Unified Certification Program (NUCP). The purpose of the NUCP is to create a simplified and efficient “one-stop shopping” DBE/ACDBE certification process for firms applying for status in Nebraska. To this end the NUCP will utilize one standardized application and will follow and abide by a uniform application process, such that an applicant is required to apply only once for certification that will be honored by all Recipients. The NUCP will follow all certification procedures and standards of 49 CFR Part 26 and 49 CFR Part 23 on the same basis as the Recipients. The NUCP will cooperate fully with all oversight, review, and monitoring activities of the USDOT and its operating administrations. The NUCP will implement all USDOT directives and guidance concerning certification matters. The Recipients agree to commit sufficient resources and expertise to the NUCP to ensure it is capable of carrying out all of the requirements of a UCP program as set forth under 49 CFR Part 26.81, 49 CFR Part 23.31 and 49 CFR Part 23.39. The Nebraska Department of Transportation (NDOT), as a member and the designated sole certifying agency of the NUCP, will create and maintain an official directory of all Grand Island Council Session - 4/24/2018 Page 63 / 120 [2] Nebraska Unified Certification Program (NUCP) Agreement Rev. 03.28.2018-1 currently certified and active DBE/ACDBE firms in Nebraska. The NDOT will publish the directory on its website (http://dot.nebraska.gov/business-center/civil-rights/) and will also provide a printed version upon request. The NUCP shall be fully implemented and operational no later than eighteen (18) months following the approval of the Agreement by the U.S. Secretary of Transportation or their designee, as required by 49 CFR Part 26.81(a)(2). B. Signatories The following entities, as Recipients identified as being subject to the requirements of 49 CFR Part 26.21, “Who must have a DBE program?” and 49 CFR Part 23.21, “Who must submit an ACDBE program to FAA, and when?”, are signatories to the Agreement (Signatories):  City of Grand Island (Grand Island);  Lincoln Airport Authority (LAA);  Lincoln Area Metropolitan Planning Organization (LAMPO);  Lincoln StarTran (StarTran);  Omaha Airport Authority (OAA);  Omaha Metro Area Transit (Metro);  Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA); and  Nebraska Department of Transportation (NDOT). (a) The Signatories agree to accept and comply with the terms and conditions of the Agreement and accept as a DBE/ACDBE any firm the NUCP has certified. (b) The Signatories will ensure through subgrant agreements that subrecipients accept and comply with all provisions of the Agreement and accept as a DBE/ACDBE those firms the NUCP has certified. (c) Any additional entity in Nebraska becoming subject to the requirements of 49 CFR Part 26.21 and 49 CFR Part 23.21 will be made a Signatory to the Agreement. (d) The Signatories agree to designate the NDOT Highway Civil Rights Office (HCRO) as the sole certifying agency of the NUCP. C. Certification Determination Process (a) The NUCP shall make all DBE/ACDBE certification decisions on behalf of all Signatories. All certification decisions will be based on the eligibility requirements set Grand Island Council Session - 4/24/2018 Page 64 / 120 [3] Nebraska Unified Certification Program (NUCP) Agreement Rev. 03.28.2018-1 forth in 49 CFR Part 26 and 49 CFR Part 23. The NUCP will ensure that only applicants that fully meet those eligibility standards are certified as a DBE/ACDBE. (1) Certification decisions by the NUCP shall be binding on all Signatories within the state. (2) The NUCP shall provide “one-stop shopping” to applicants for DBE/ACDBE certification, such that an applicant will be required to apply only once for certification that will be honored by all Signatories. (3) All certifications made by the NUCP shall be pre-certifications, i.e. certifications that have been made final before the due date for bids or offers on a contract on which a firm seeks to participate as a DBE/ACDBE. (b) The NUCP will provide to applicants the DBE/ACDBE Uniform Certification Application form approved by USDOT pursuant to 49 CFR 26.83 and as published in Appendix F to 49 CFR Part 26. The application may be obtained from the NDOT HCRO upon request or downloaded directly from the NDOT website. (c) All applications for DBE/ACDBE certification and all matters pertaining to DBE/ACDBE certifications in Nebraska will be reviewed and processed by the NDOT HCRO as the “one stop shop” and sole certifying agency of the NUCP. Any determination made by the NDOT HCRO will be the determination of the NUCP. (1) All applications for DBE/ACDBE certification and all matters pertaining to the certification of firms may be submitted directly to the NDOT HCRO. Other signatories receiving documentation or information related to the DBE/ACDBE certification of a firm will forward it to the NDOT HCRO within seven (7) days of receipt. (2) The NDOT HCRO DBE/ACDBE program staff will conduct all application reviews and make a certification determination in accordance with the requirements of 49 CFR Part 26 and 49 CFR Part 23 using the process described in the NDOT DBE/ACDBE Program Plan. (d) The NUCP will not process an application for DBE/ACDBE certification from a firm having its principal place of business outside Nebraska if the firm is not certified by the UCP in its home state. (e) The NUCP will share its information and documents concerning any certified firm whose home state is Nebraska with another UCP that is reviewing an interstate DBE/ACDBE application from the firm. (f) Determinations on in-state applications for DBE/ACDBE certification will be made by the NUCP within 90 days of receipt from the applicant firm all the information required Grand Island Council Session - 4/24/2018 Page 65 / 120 [4] Nebraska Unified Certification Program (NUCP) Agreement Rev. 03.28.2018-1 under 49 CFR Part 26 and 49 CFR Part 23. The 90-day time period may be extended once, for no more than an additional 60 days, upon written notice to the firm explaining fully and specifically the reasons for the extension. If the NUCP fails to make a decision by the applicable timeline it is deemed a constructive denial of the application, on the basis of which the applicant firm may appeal to the USDOT under the provisions of 49 CFR 26.89, “What is the process for certification appeals to the Department of Transportation?”. (g) Determinations on interstate applications for DBE/ACDBE certification will be made by the NUCP within 60 days of receipt from the applicant firm all the information required and allowed for under 49 CFR Part 26 and 49 CFR Part 23. If the NUCP fails to make a decision by the applicable timeline it is deemed a constructive denial of the application, on the basis of which the applicant firm may appeal to the USDOT under 49 CFR 26.89. (h) The DBE/ACDBE Directory will be maintained on the NDOT website for viewing and download. The directory will provide an up-to-date list of NUCP-certified firms; will indicate whether a firm is a DBE or ACDBE; and will indicate the type of work each firm is eligible to perform as a DBE/ACDBE. The directory will also include each firm’s address, telephone number and fax number, and the name of its contact person. Printed versions of the DBE/ACDBE Directory will be provided by the NDOT HCRO upon request. (i) The DBE/ACDBE Directory, electronic and printed version, will be updated by the NDOT on an as-needed basis. D. Appeals of Denials of Certification (a) In the event a firm is denied DBE/ACDBE certification by NUCP, the firm may appeal the decision to the USDOT under the provisions of 49 CFR Part 26.89 within 90 days of the date of the final decision by the NUCP. The appeal must be filed in writing to: U. S. Department of Transportation Departmental Office of Civil Rights 1200 New Jersey Ave. SE Washington, DC 20590-0001 (b) Any firm denied DBE/ACDBE certification by the NUCP shall be eligible to reapply for certification one year after the date the firm received a written explanation of the reasons for denial. E. Removal of DBE/ACDBE Eligibility (a) All matters of DBE/ACDBE certification eligibility and decertification in Nebraska will be reviewed and processed by the NDOT HCRO as the sole certifying agency of Grand Island Council Session - 4/24/2018 Page 66 / 120 [5] Nebraska Unified Certification Program (NUCP) Agreement Rev. 03.28.2018-1 the NUCP. Any determination made by the NDOT HCRO will be the determination of the NUCP. (b) Once the NUCP has certified a DBE/ACDBE, it shall remain certified until and unless the NUCP has removed its certification, in whole or in part, through the procedures of 49 CFR Part 26.87, “What procedures does a recipient use to remove a DBE’s eligibility?”, except as provided under 49 CFR Part 26.67, “What rules determine social and economic disadvantage?”, specifically 49 CFR Part 26.67(b)(1). (c) Third-party complaints: A third party may file with the NUCP a written complaint alleging that a currently certified DBE/ACDBE firm is ineligible for certification and specifying the alleged reasons why the firm is ineligible. (1) The confidentiality of a complainant’s identity will be protected as provided in 49 CFR 26.109(b). (2) A third-party complaint may be submitted directly to the NDOT HCRO. Other Signatories receiving a third-party complaint will forward it to the NDOT HCRO within five (5) business days of receipt (3) Third-party complaints will be reviewed and processed by the NUCP in accordance with the provisions of 49 CFR 26.87. The NUCP will provide written notice to the firm against which the third-party complaint has been filed. (4) If the NUCP determines, based on its review, that there is reasonable cause to believe that the firm is ineligible, the NUCP will provide written notice to the firm of its intent to find the firm ineligible and decertify it, setting forth the reasons for the proposed determination. If the NUCP determines that such reasonable cause does not exist, the NUCP will notify the complainant and the firm in writing of this determination and the reasons for it. All statements of reasons for findings on the issue of reasonable cause will specifically reference the evidence in the record on which each reason is based. The complainant or firm may appeal the determination of the NUCP as provided in 49 CFR Part 26.89. (d) NUCP-initiated proceedings: If, based on notification by a firm of a change in its circumstances or other information that comes to the attention of the NUCP, it is determined there is reasonable cause to believe a currently certified firm is no longer eligible for certification, the NUCP will provide written notice to the firm of the intent to decertify it, setting forth the reasons for the proposed determination and referencing with specificity the evidence in the record on which each reason is based. (e) USDOT directive to initiate proceedings: (1) If the concerned operating administration of the USDOT determines that information in the certification records of the NUCP, or other information available to the concerned operating administration, provides reasonable cause to believe that Grand Island Council Session - 4/24/2018 Page 67 / 120 [6] Nebraska Unified Certification Program (NUCP) Agreement Rev. 03.28.2018-1 a currently certified firm does not meet DBE/ACDBE eligibility criteria, the concerned operating administration may direct the NUCP to initiate a proceeding to remove the firm’s DBE/ACDBE certification as required by 49 CFR 26.87. (2) The concerned operating administration will provide the NUCP and the firm a notice setting forth the reasons for the directive, including any relevant documentation or other information as required by 49 CFR 26.87. (3) The NUCP will immediately commence and prosecute a proceeding to remove the firm’s DBE/ACDBE eligibility as provided by 49 CFR 26.87. (f) Informal Hearing: When the NUCP notifies a firm that there is reasonable cause to remove its DBE/ACDBE eligibility, the firm will be given an opportunity for an informal hearing, at which the firm may respond to the reasons for the proposal to remove its eligibility in person and provide information and arguments why it should remain certified. (1) The hearing will be conducted in accordance with the provisions of 49 CFR 26.87. (2) The firm has 15 days from receipt of the notice of proposed removal of DBE/ACDBE eligibility to make the request for an informal hear in writing to the NUCP. If the firm does not make a request for a hearing within this time, the decision by the NUCP to decertify the firm becomes administratively final. (g) Appeal to USDOT: The firm and/or the complainant may appeal the NUCP final decision to the USDOT within 90 days of the date of the decision as provided in 49 CFR Part 26.89. The appeal must be made in writing to: U. S. Department of Transportation Departmental Office of Civil Rights 1200 New Jersey Ave. SE Washington, DC 20590-0001 Pending a decision by the USDOT on the appeal, the decision by the NUCP remains in effect. F. Reciprocity (a) The NUCP may elect to enter into a written reciprocity agreement with a UCP in other state. The decision to execute such an agreement shall be made by a unanimous vote of the Signatories. G. Non-disclosure/Confidentiality (a) The NUCP will safeguard from disclosure to unauthorized persons all information gathered as part of the DBE/ACDBE certification process that may reasonably be Grand Island Council Session - 4/24/2018 Page 68 / 120 [7] Nebraska Unified Certification Program (NUCP) Agreement Rev. 03.28.2018-1 regarded as confidential business information, consistent with applicable Federal, state, and local law. Notwithstanding any contrary provisions of Federal, state or local law, the NUCP will not release personal information submitted in response to the personal net worth requirements of 49 CFR Part 26.67, “What rules determine social and economic disadvantage?” and 49 CFR Part 23.35, “What is the personal net worth standard for disadvantaged owners of ACDBEs?” to a third party (other than USDOT) without the written consent of the submitter. H. NUCP Contact Information Any documents, information or questions regarding the NUCP and the DBE/ACDBE certification of or eligibility of a firm doing business in Nebraska may be submitted to the contact below. NUCP Contact Information NDOT HCRO Troy Larsen, HCR Mgr. 1500 Hwy 2 P.O. Box 94759 Lincoln NE 68509-4759 Phone: (402) 479-4531 Fax: (402) 479-3728 E-mail: troy.larsen@nebraksa.gov Grand Island Council Session - 4/24/2018 Page 69 / 120 [8] Nebraska Unified Certification Program (NUCP) Agreement Rev. 03.28.2018-1 Nebraska UCP Signatory Partners City of Grand Island Name: _______________________________ Title: ____________________________ Signature: _____________________________________ Date: ___________________ Lincoln Airport Authority Name: _______________________________ Title: ____________________________ Signature: _____________________________________ Date: ___________________ Lincoln Area Metropolitan Planning Organization Name: _______________________________ Title: ____________________________ Signature: _____________________________________ Date: ___________________ Lincoln StarTran Name: _______________________________ Title: ____________________________ Signature: _____________________________________ Date: ___________________ Omaha Airport Authority Name: _______________________________ Title: ____________________________ Signature: _____________________________________ Date: ___________________ Omaha Metro Area Transit Name: _______________________________ Title: ____________________________ Signature: _____________________________________ Date: ___________________ Grand Island Council Session - 4/24/2018 Page 70 / 120 [9] Nebraska Unified Certification Program (NUCP) Agreement Rev. 03.28.2018-1 Omaha-Council Bluffs Metropolitan Area Planning Agency Name: _______________________________ Title: ____________________________ Signature: _____________________________________ Date: ___________________ Nebraska Department of Transportation Name: _______________________________ Title: ____________________________ Signature: _____________________________________ Date: ___________________ ### Grand Island Council Session - 4/24/2018 Page 71 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-110 WHEREAS, The City of Grand Island is the recipient of the United States Department of Transportation (USDOT) financial assistance, which includes Federal Highway Administration (FHWA), Federal Aviation Administration (FAA), and the Federal Transit Administration (FTA); and WHEREAS, the Federal Transit Authority requires that all communities which receive these funds adopt a Disadvantaged Business Enterprise Plan; and WHEREAS, on June 27, 2017, via Resolution No. 2017-183, Grand Island City Council approved the Disadvantaged Business Enterprise Plan for the City of Grand Island; and WHEREAS, the State of Nebraska has established the Nebraska Unified Certification Program (NUCP) for Disadvantaged Business Enterprises Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska hereby approves and adopts the Nebraska Unified Certification Program (NUCP) for Disadvantaged Business Enterprises Agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 72 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-9 #2018-111 - Approving Change Order No. 2 for Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017-S-2A Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/24/2018 Page 73 / 120 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 24, 2018 Subject:Approving Change Order No. 2 for Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017-S-2A Presenter(s):John Collins PE, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $304,380.16 contract by the City Council on May 23, 2017, via Resolution No. 2017- 151, for the Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017-S-2A. On August 22, 2017, via Resolution No. 2017-230, Grand Island City Council approved Change Order No. 1 in the amount of 44,632.63, which allowed for repair of Manhole No. 477; the base had fallen in and was severely deteriorated. There are approximately 230 miles of gravity sewer within the City of Grand Island’s collection system. The majority of this infrastructure is between 26 and 75 years old, and between 8 and 18 inches in diameter. The majority of the sanitary sewer rehabilitations are related to old clay tile pipe and or damaged / dilapidated manholes. Discussion A time extension is requested from April 30, 2018 to July 15, 2018 in order to complete this project. The Diamond Engineering Company is performing other time sensitive work for the City and with Dodge Elementary School nearby, it is more practical to complete this project when school is out for the summer. The excavation for this project is very deep and a full closure of Bismark Road will be required, with a detour in place during the manhole replacement work in this area. There will be no cost associated with Change Order No. 2, leaving the contract agreement amount of $349,012.79. Grand Island Council Session - 4/24/2018 Page 74 / 120 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. 2 for the Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017- S-2A with The Diamond Engineering Company of Grand Island, Nebraska. Sample Motion Move to approve the resolution. Grand Island Council Session - 4/24/2018 Page 75 / 120 CHANGE ORDER NO. 2 PROJECT:Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017-S-2A CONTRACTOR:The Diamond Engineering Company AMOUNT OF CONTRACT: $304,380.16 CONTRACT DATE: May 23, 2017 Contract Price Prior to this Change Order…………………………………$304,380.16 Change Order No. 1 Net Increase…………….……………………………$ 44,632.63 Revised Contract Price Including Change Order No. 1…..………………$349,012.79 Notice to Proceed Date ------------------------------------------------------------------------------ May 23, 2017 Original Completion Date ---------------------------------------------------------------------------March 31, 2018 First Revised Completion Date -------------------------------------------------------------------- April 30, 2018 Second Revised Completion Date ------------------------------------------------------------ July 15, 2018 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 - 4/24/2018 Page 76 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-111 WHEREAS, on May 23, 2017, via Resolution No.2017-151, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $304,380.16 for Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017-S-2A; and WHEREAS, On August 22, 2017, via Resolution No. 2017-230, Grand Island City Council approved Change Order No. 1 in the amount of 44,632.63, which allowed for repair of Manhole No. 477; the base had fallen in and was severely deteriorated; and WHEREAS, it has been determined that additional time is necessary to complete such project; and WHEREAS, such modifications have been incorporated into Change Order No. 2; and WHEREAS, there will be no cost associated with such time extension, leaving the contract agreement amount of $349,012.79; and WHEREAS, the project completion date will be extended from April 30, 2018 to July 15, 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. 2, at no additional cost, 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, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 77 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-10 #2018-112 - Approving Amendment No. 2 with HDR Engineering, Inc. for Wastewater Treatment Plant Laboratory, Operations Control Center, and Administrative Building Renovation Consulting Services for Project No. 2017-WWTP-2 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/24/2018 Page 78 / 120 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 24, 2018 Subject:Approving Amendment No. 2 with HDR Engineering, Inc. for Wastewater Treatment Plant Laboratory, Operations Control Center, and Administrative Building Renovation Consulting Services for Project No. 2017- WWTP-2 Presenter(s):John Collins PE, Public Works Director Background The Wastewater Administration building, which was constructed in 1978, is located at 3013 East Swift Road. The 3,500 square feet building is the primary station for employees involved with management, accounting, laboratory and operations. Over the 4 decades since the building was completed, the building, safety, and environmental regulations have increased, and become more stringent. Additionally, the plant operations have expanded with the growth of the City. As part of assessing the Wastewater Division’s ability to comply with existing and anticipated environmental regulations the lab was reviewed. Identified issues included: A Heating, Ventilation, and Air Conditioning (HVAC) system shared with the laboratory and rest of the building, posing an immediate safety hazard. Lack of a fire suppression system. Outdated and/or marginally functional equipment. Limited physical space that will not be able to accommodate future needs. Electrical and mechanical limitations that must be expanded to handle future needs and can be made more efficient. When the investigation was expanded to the rest of the building it was determined that the electrical and mechanical systems also limited the operators work stations and that the physical space was insufficient for their needs. SCADA and other monitoring equipment are in need of updating. The Solids Handling Building (Building 6) was constructed to add a second floor. Engineering and Wastewater employees investigated moving some combination of the management, accounting, operations, and/or lab groups to this location, but the current Grand Island Council Session - 4/24/2018 Page 79 / 120 costs of ADA compliance combined with the construction costs would make the price high relative to at grade construction. Additionally there are advantages to having these groups remain in proximity to each other, and located at the plant entrance. The potential of building a new building to house the lab and operators was compared to building an addition (which would require temporary housing for some staff) to the existing building (which would still require some renovation). A new building would be less disruptive during construction, but the continuous benefits of maintaining proximity weighed in favor of adding to the existing building. On June 13, 2017, via Resolution No. 2017-167, City Council approved an agreement between the City and HDR Engineering, Inc. of Omaha, Nebraska for consulting services to renovate the Wastewater Treatment Plant Laboratory, Operations Control Center, and Administrative Building, in the amount of $57,000.00. On December 12, 2017, via Resolution No. 2017-348, City Council approved Amendment No. 1 to the original agreement to add design development, final design, and bidding phase services. Such amendment resulted in an agreement increase of $220,289.00, for a revised agreement amount of $277,289.00. Discussion Additional design work is necessary to finalize plans for bidding purposes, resulting in Amendment No. 2 to the original agreement. The additional design work will address the building’s water service, roof drainage, mechanical room issues, fiber connection, lab humidification, and small miscellaneous items. Amendment No. 2 increases the agreement by $22,400.00, for a revised agreement amount of $299,689.00. Funds for the consulting services are in the approved 2017/2018 Wastewater Division budget. 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 Amendment No. 2 to the agreement with HDR Engineering, Inc. of Omaha, Nebraska, for a revised consulting Grand Island Council Session - 4/24/2018 Page 80 / 120 agreement amount of $299,689.00 for Wastewater Treatment Plant Laboratory, Operations Control Center, and Administrative Building Renovation; Project No. 2017- WWTP-2. Sample Motion Move to approve the resolution. Grand Island Council Session - 4/24/2018 Page 81 / 120 Grand Island Council Session - 4/24/2018 Page 82 / 120 Grand Island Council Session - 4/24/2018 Page 83 / 120 Grand Island Council Session - 4/24/2018 Page 84 / 120 Grand Island Council Session - 4/24/2018 Page 85 / 120 4/9/2018 EXHIBIT B-1 Grand Island WWTP Laboratory, Administration, Operations Building Renovation Design Added Scope Items Item No. Description Engineering Hours Modeling Hours Overall Total Hours Overall Total Dollars 1 Water Service Plan and Profile - Preparation and Submittal 16 8 2 Roof Drain Routing and Discharge 3 Building-wide Softener System 4 5 Provide ATV Access to South Door 12 9 6 8 7 Accommodate Ice Maker in Lab 2 2 8 Accommodate Relocation of PTZ Camera and Weather Station 2 1 9 Re-establish Fiber Connection to Portable Building 2 1 10 Add Flagpole Light 2 1 11 New Equipment Coordination 12 Addition and Deletion of Lab Humidification Limit 13 Add Window to Existing Builiding Wall 6 4 Total 94 56 150 $22,400 9 14 8 4 Locate New Water Heater in Existing Electrical/Mechanical Room (Insufficient Room in New Mechanical Room due to Softener System). 4 8 Use City Treatment Plant General Conditions instead of City Division 1 - General Specifications. 15 8 4 Grand Island Council Session - 4/24/2018 Page 86 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-112 WHEREAS, on June 13, 2017, via Resolution No. 2017-167, City Council approved a consulting agreement between the City of Grand Island and HDR Engineering, Inc. of Omaha, Nebraska for Wastewater Treatment Plant Laboratory, Operations Control Center, and Administrative Building Renovation; Project No. 2017-WWTP-2, in the amount of $57,000.00; and WHEREAS, on December 12, 2017, via Resolution No. 2017-348, City Council approved Amendment No. 1 to the original agreement to add design development, final design, and bidding phase services, resulting in an agreement increase of $220,289.00; and WHEREAS, additional design work is necessary to finalize plans for bidding purposes, resulting in Amendment No. 2; and WHEREAS, such modifications to the original agreement are detailed in Amendment No. 2 and result in an agreement increase of $22,400.00, for a revised agreement amount of $299,689.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 2 to the original consulting agreement with HDR of Omaha, Nebraska for Wastewater Treatment Plant Laboratory, Operations Control Center, and Administrative Building Renovation; Project No. 2017-WWTP-2 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, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 87 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-11 #2018-113 - Approving Legal Description Correction Concerning Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (Longleaf, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/24/2018 Page 88 / 120 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 24, 2018 Subject:Approving Legal Description Correction Concerning Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S- 4 (Longleaf, LLC) Presenter(s):John Collins PE, Public Works Director Background On August 12, 2014 City Council approved the acquisition of a permanent public utility easement in the amount of $440.00 from Longleaf, LLC for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4. Such easement authorized construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easement. Discussion It was recently discovered that the legal description doesn’t correctly identify the permanent utility easement the City was to acquire. City Council is being asked to approve the correct legal description for this tract of land to allow for refiling of the corrected Permanent Easement Deed. 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 - 4/24/2018 Page 89 / 120 Recommendation City Administration recommends that the Council approve the corrected legal description for the previously acquired permanent public utility easement from Longleaf, LLC. Sample Motion Move to approve the resolution. Grand Island Council Session - 4/24/2018 Page 90 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-113 WHEREAS, acquisition of a permanent public utility easement from Longleaf, LLC was approved by Grand Island City Council on August 12, 2014, via Resolution No. 2014- 210 for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4, to construct and maintain such project; and WHEREAS, a public hearing was held on August 12, 2014, for the purpose of discussing such permanent public utility easement acquisition; and WHEREAS, the original legal description doesn’t correctly identify the permanent utility easement the City was to acquire; and WHEREAS, the correct legal description for the acquired permanent public utility easement is as follows: Longleaf, LLC - $440.00 A TRACT OF LAND COMPRISING PART OF LOT ONE (1), BLOCK EIGHT (8), REPLAT CONTINENTAL GARDENS, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT ONE (1); THENCE SOUTHERLY ALONG THE WEST LINE OF LOT ONE (1) A DISTANCE OF 25.65 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE PER ISNT. NO. 201404306, FILED JULY 14, 2014 AND ALSO BEING THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE OF CAPITAL AVENUE, A DISTANCE OF 52.56 FEET; THENCE SOUTHWESTERLY TO A POINT ON THE WEST LINE OF SAID LOT ONE (1), SAID POINT BEING 71.84 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT ONE (1); THENCE NORTHERLY ALONG SAID WEST LINE OF LOT ONE (1) A DISTANCE OF 46.19 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1,214 SQURE FEET OR 0.028 ACRES MORE OR LESS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to correct the legal description for the previously acquired permanent public utility easement from Longleaf, LLC, on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 91 / 120 Grand IslandCouncil Session - 4/24/2018Page 92 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-12 #2018-114 - Approving Renewal of Agreement for Enterprise Asset Management System for the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 4/24/2018 Page 93 / 120 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:April 24, 2018 Subject:Approving Renewal of Agreement for Enterprise Asset Management System for the Public Works Department Presenter(s):John Collins PE, Public Works Director Background A Request for Proposals (RFP) for an Enterprise Asset Management System (EAMS) for the Public Works Department was advertised in the Grand Island Independent on February 15, 2014. The RFP was also sent to twenty (20) potential proposers by the Engineering Division of the Public Works Department. The EAMS implementation focuses on the needs of the Public Works Department, such as the work order process, customer service requests, asset reports, asset inspections, preventative maintenance, inventory, workflow management, capital improvement tracking, and document support. Full implementation was initially estimated at three (3) years, resulting in a significant improvement in planning, budgeting, and reporting. Discussion Since acquisition the required annual license fee has been paid under the original three (3) year agreement, which expires June 30, 2018. In order to continue using the current application renewal of the original agreement is necessary, with the recommendation of continuing with the original vendor; Cartegraph Systems, Inc. of Dubuque, Iowa. Changing applications would be effort intense and require additional fees. An agreement with Cartegraph Systems, Inc. in the total amount of $240,210.00 has been reached for the full three (3) year term of the agreement, with an annual cost of $80,070.00 for each of the three (3) years. 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 - 4/24/2018 Page 94 / 120 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 three (3) year agreement renewal with Cartegraph Systems, Inc. of Dubuque, Iowa in the total amount of $240,210.00, with an annual cost of $80,070.00 for each of the three (3) years. Sample Motion Move to approve the resolution. Grand Island Council Session - 4/24/2018 Page 95 / 120 Grand Island Council Session - 4/24/2018 Page 96 / 120 Grand Island Council Session - 4/24/2018 Page 97 / 120 Grand Island Council Session - 4/24/2018 Page 98 / 120 Grand Island Council Session - 4/24/2018 Page 99 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-114 WHEREAS, on June 24, 2014, via Resolution No. 2014-177, Grand Island City Council approved an agreement with Cartegraph Systems, Inc. of Dubuque, Iowa for an Enterprise Asset Management System (EAMS) for the Public Works Department; and WHEREAS, such agreement focuses on the needs of the Public Works Department, such as the work order process, customer service requests, asset reports, asset inspections, preventative maintenance, inventory, workflow management, capital improvement tracking, and document support; and WHEREAS, the amount of data collection required to carry out this task was underestimated and is cause for a renewal of the original agreement for another three (3) year term; and WHEREAS, an agreement with Cartegraph Systems, Inc. in the total amount of $240,210.00 has been reached for the full three (3) year term of the agreement, with an annual cost of $80,070.00 for each of the three (3) years. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement renewal with Cartegraph Systems, Inc. of Dubuque, Iowa is hereby approved in the total amount of $240,210.00, with an annual cost of $80,070.00 for each of the three (3) years. 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, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 100 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item G-13 #2018-115 - Approving Development of 2018-2019 Annual Action Plan for CDBG Activities This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Amber Alvidrez Grand Island Council Session - 4/24/2018 Page 101 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-115 WHEREAS, on August 25, 2015, the City of Grand Island became an Entitlement Community; and WHEREAS, the United States Department of Housing and Urban Development requires multiple certifications in order to comply with the Community Development Block Grant Program requirements; and WHEREAS, all grantees are required to develop an Annual Action Plan that list community priorities and funding allocations; and WHEREAS, the Community Development Division is required to develop an Annual Action Plan every fiscal year with the required documentation to serve under the Entitlement Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City of Grand Island, Nebraska is hereby approves and adopts the development of the Community Development Block Grant, 2018-2019 Annual Action Plan; and the Mayor is hereby authorized to sign such certifications on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 102 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item I-1 #2018-116 - Consideration of Approving Downtown Business Improvement District Boundaries and Initial Board Staff Contact: Jerry Janulewicz Grand Island Council Session - 4/24/2018 Page 103 / 120 Council Agenda Memo From:Jerom E. Janulewicz, City Attorney Meeting:April 24, 2018 Subject:Downtown Business Improvement District Presenter(s):Jerom E. Janulewicz, City Attorney Background Downtown Business Improvement District 2013 will expire on September 30, 2018 as provided by the 2013 ordinance creating the district. By a letter to the Mayor and City Council, the Downtown Business Improvement Board expressed an interest to continue the business improvement district. Due to the limited duration of the current BID, the current statutory process must be followed to establish a BID for the Downtown Improvement Area. This process requires adoption of a resolution establishing boundaries of the proposed BID and appointing a board with directions that it prepare and submit its recommendations to the City. Upon receipt of recommendations, a public hearing must be held on the establishment of the district, the district boundaries, and the method of raising revenue. At that public hearing, property owners and/or users of space within the district may object to the district’s creation. Discussion The Downtown Improvement Board recommends recreation of the district. Adoption of the proposed resolution is the first step required in the establishment of a business improvement district. The following individuals hereby are appointed to serve on the Downtown Business Improvement Board: Andy Gdowski, James Pirnie, Tom Ziller, Amos Anson, Ryan Hand, Jackie Bowen, Jon Myers, Tom Wald, Zachary Butz, and Brent Lindner. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Adopt the Resolution 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 - 4/24/2018 Page 104 / 120 Recommendation City Administration recommends that the Council adopt the resolution establishing boundaries of the proposed Downtown Business Improvement District and appointing a business improvement board. Sample Motion Move to approve the Resolution for the Downtown Business Improvement District. Grand Island Council Session - 4/24/2018 Page 105 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-116 WHEREAS, Downtown Business Improvement District 2013 was established for a period of five years; and WHEREAS, property owners, residents, business operators, and users of space within Downtown Business Improvement District 2013 recommended that the City of Grand Island re-create, effective October 1, 2018, a Business Improvement District with boundaries set forth below; and WHEREAS, Section 19-4021, R.R.S. 1943, provides that the boundaries of a proposed business improvement district shall be declared by the City Council prior to or at the same time as the appointment of the Business Improvement Board; and WHEREAS, a Business Improvement Board should be appointed to make recommendations to the Mayor and City Council to include, but not limited to, the establishment of a business improvement district, the district boundaries, and a plan or plans in the business area. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, as follows: 1)The outer boundaries of the proposed Downtown Business Improvement District are as follows: Beginning at a point being the intersection of the South line of Third Street and the West line of Kimball Avenue; thence South on the West line of Kimball Avenue to a point One Hundred Thirty-Two feet (132') South of the South line of First Street; thence West on a line One Hundred Thirty-Two fee (132') South of and parallel to the South line of First Street to the West line of Sycamore Street; thence Southerly on the Westerly line of Sycamore Street to the North line of Court Street; thence Westerly on the North line of Court Street to the West line of Pine Street; thence Southerly on the West line of Pine Street to the North line of Charles Street; thence Westerly on the North line of Charles Street and an extension thereof to the East line of Walnut Street; thence Northerly on the East line of Walnut Street to a point One Hundred Thirty-Two Feet (132') North of the North line of Division Street; thence West on a line One Hundred Thirty-Two Feet (132') North of and parallel to the North line of Division Street and an extension thereof to the East line of Cedar Street; thence Northerly on the East line of Cedar Street to the South line of First Street; thence West on the South line of First Street to the West line of Elm Street; thence Southerly on the West line of Elm Street for a distance of One Hundred Thirty-Two Feet (132'); thence Westerly on a line One Hundred Thirty-Two Feet (132') South of and parallel to the South line of First Street to the East line of Eddy Street; thence Northerly on the East line of Eddy Street to the South line of South Front Street; thence Easterly on the South line of South Front Street to the West line of Oak Street; thence Southerly on the West line of Oak Street to the South line of Third Street; thence Westerly on the South line of Third Street and an extension thereof to the point of beginning. (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the Northeast corner of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence continuing East on the North line of Section Grand Island Council Session - 4/24/2018 Page 106 / 120 - 2 - Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. for a distance of Three Hundred Seventy-Five Feet (375'); thence South on a line Three Hundred Seventy-Five Feet (375') East of and parallel to the West line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the South line of Section Twenty-Seven (27), Township Eleven (l l), North, Range Nine (9) West of the 6th P.M.; thence West on the South line of Section Twenty Seven (27), Township Eleven (l l) North, Range Nine (9) West of the 6th P.M. for a distance of Three Hundred Seventy-Five Feet (375') to the point of beginning. 2)The area within the above-described boundaries is an established area of the city zoned for business, public, and commercial purposes. 3)The following individuals hereby are appointed to serve on the Downtown Business Improvement Board: Andy Gdowski, James Pirnie, Tom Ziller, Amos Anson, Ryan Hand, Jackie Bowen, Jon Myers, Tom Wald, Zachary Butz, and Brent Lindner. 4)The Downtown Business Improvement Board shall make recommendations to the City Council with respect to: a)The establishment and boundaries of the district; b)The purposes of the district and the public improvements and facilities to the to be included within the district; c)A plan or plans for improvements in the business area; d)Whether businesses and users of space in the district shall be subject to the general business occupation tax or that the real property in the district will be subject to the special assessments authorized by the Business Improvement District Act; e)The proposed method of assessment to be imposed within the district or rate of occupation tax to be imposed; and f)Such other matters as are necessary or advisable regarding the proposed business improvement district. 5)The board shall select from its members a chairperson and a secretary and shall comply with Nebraska Revised Statutes §§ 84-712 to 713 (public records) and 84-1408 to 1414 (public meetings). - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 107 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item I-2 #2018-117 - Approving FY 2018-2019 Annual Budget for Fonner Park Business Improvement District and setting Date for Board of Equalization Staff Contact: William Clingman, Interim Finance Director Grand Island Council Session - 4/24/2018 Page 108 / 120 Council Agenda Memo From:William Clingman, Interim Finance Director Meeting:April 24, 2018 Subject:Approving FY 2018-2019 Annual Budget for Fonner Park Business Improvement District and setting Date for Board of Equalization Presenter(s):William Clingman, Interim Finance Director Background On February 14, 2017, the City Council adopted Ordinance #9622 creating the Fonner Park Business Improvement District. The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On April 17, 2018 the Fonner Park BID Board met and approved the 2018-2019 budget which provides for special assessments in the amount of $47,016. Discussion In this district, assessments are paid by property owners based on the front footage of the property. Owners are billed for the assessment after approval by City Council sitting as the Board of Equalization on June 12, 2018. The budgeted assessments of $47,016 will be charged to property owners in the district based on their front footage. The BID pays the City a fee of $1,200 for accounting services. A copy of the proposed 2018-2019 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the proposed Budget for the Fonner Park BID and set the date for the Board of Equalization. 2.Modify the budget and/or reschedule the Board of Equalization. Grand Island Council Session - 4/24/2018 Page 109 / 120 Recommendation City Administration recommends that the Council approve the proposed Budget for the Fonner Park BID and set the date of June 12, 2018 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2018-2019 Budget for the Fonner Park BID and set the date of June 12, 2018 for the Board of Equalization. Grand Island Council Session - 4/24/2018 Page 110 / 120 Grand Island Council Session - 4/24/2018 Page 111 / 120 Fonner Park BID 2018 Budget ASSESSMENT PER FRONT FOOTAGE $9.50 Front Footage 4949 $47,016 REVENUE 94011413 Account Planned Carry Over from 2014/2015 74140 Special Asessments $47,016 74787 Interest Revenue 74795 Other Revenue $20,000 TOTAL REVENUE $67,016 APPROPRIATIONS Account 85213 Contract Services $35,000 85245 Printing & Binding Services $100 85249 Snow & Ice Removal $2,500 85305 Utility Services $5,000 85319 Repair & Maint - Land Improve. $21,000 85413 Postage $250 85416 Advertising 85419 Legal Notices $450 85490 Other Expenditures $1,500 85505 Office Supplies $100 85560 Trees and Shrubs $1,000 85590 Other General Supplies $100 TOTAL OPERATING EXPENSE $67,000 ANNUAL EXCESS/(LOSS)$16 Original Ordinance #9622 Grand Island Council Session - 4/24/2018 Page 112 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-117 WHEREAS, the City Council has considered the proposed budget of the Fonner Park Business Improvement District for their fiscal year 2018-2019; and WHEREAS, the City has received the front footage amounts for the individual properties within the Fonner Park Business Improvement District as shown in the office of the Hall County Assessor in effect on the first day of January, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The budget for the Fonner Park Business Improvement District is hereby considered. 2.A proposed assessment schedule shall be prepared. 3.A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on June 12, 2018 at 7:00 p.m. in the City Council chambers of City Hall 100 East First Street, Grand Island NE. 4.Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5.Notice of hearing shall be mailed to all property owners of the Fonner Park Business Improvement District by U.S. Mail, postage prepaid - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 113 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item I-3 #2018-118 - Approving FY 2018-2019 Annual Budget for South Locust Business Improvement District and setting Date for Board of Equalization Staff Contact: William Clingman, Interim Finance Director Grand Island Council Session - 4/24/2018 Page 114 / 120 Council Agenda Memo From:William Clingman, Interim Finance Director Meeting:April 24, 2018 Subject:Approving FY 2018-2019 Annual Budget for South Locust Business Improvement District and setting Date for Board of Equalization Presenter(s):William Clingman, Interim Finance Director Background On February 14, 2017, the City Council adopted Ordinance #9623 creating the South Locust Business Improvement District. The creating ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The creating Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On April 17, 2018 the South Locust BID Board met and approved the 2018-2019 budget which provides for special assessments in the amount of $90,780. Discussion In this district, assessments are paid by property owners based on the front footage of the property. Owners are billed for the assessment after approval by City Council sitting as the Board of Equalization on June 12, 2018. The budgeted assessments of $90,780 will be charged to property owners in the district based on their front footage. The BID pays the City a fee of $1,800 for accounting services. A copy of the proposed 2018-2019 budget is attached for review. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the proposed Budget for the South Locust BID and set the date for the Board of Equalization. 2.Modify the budget and/or reschedule the Board of Equalization. Grand Island Council Session - 4/24/2018 Page 115 / 120 Recommendation City Administration recommends that the Council approve the proposed Budget for the South Locust BID and set the date of June 12, 2018 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. Sample Motion Move to approve the 2018-2019 Budget for the South Locust BID and set the date of June 12, 2018 for the Board of Equalization. Grand Island Council Session - 4/24/2018 Page 116 / 120 Grand Island Council Session - 4/24/2018 Page 117 / 120 Grand Island Council Session - 4/24/2018 Page 118 / 120 Approved as to Form ¤ ___________ April 20, 2018 ¤ City Attorney R E S O L U T I O N 2018-118 WHEREAS, the City Council has considered the proposed budget of the South Locust Business Improvement District for their fiscal year 2018-2019; and WHEREAS, the City has received the front footage amounts for the individual properties within the South Locust Business Improvement District as shown in the office of the Hall County Assessor in effect on the first day of January, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The budget for the South Locust Business Improvement District is hereby considered. 2.A proposed assessment schedule shall be prepared. 3.A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on June 12, 2018 at 7:00 p.m. in the City Council chambers of City Hall 100 East First Street, Grand Island NE. 4.Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5.Notice of hearing shall be mailed to all property owners of the South Locust Business Improvement District by U.S. Mail, postage prepaid - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2018. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 4/24/2018 Page 119 / 120 City of Grand Island Tuesday, April 24, 2018 Council Session Item J-1 Approving Payment of Claims for the Period of April 11, 2018 through April 24, 2018 The Claims for the period of April 11, 2018 through April 24, 2018 for a total amount of $6,198,835.47. A MOTION is in order. Staff Contact: William Clingman Grand Island Council Session - 4/24/2018 Page 120 / 120