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05-27-2014 City Council Regular Meeting Packet City of Grand Island Tuesday, May 27, 2014 Council Session Packet City Council: Linna Dee Donaldson John Gericke Peg Gilbert Chuck Haase Julie Hehnke Kent Mann Vaughn Minton Mitchell Nickerson Mike Paulick Mark Stelk Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 5/27/2014 Page 1 / 366 City of Grand Island Tuesday, May 27, 2014 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Francois Erasmus, Seventh Day Adventist, 636 South Shady Bend Road 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 - 5/27/2014 Page 2 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item C-1 Overland Trails Council, Boy Scouts of America Presentation of the North Star Award to Officer Butch Hurst The Overland Trails Council, Boy Scouts of America will present the North Star Award to Officer Butch Hurst, one of Grand Island's finest Police Officers. Officer Butch Hurst has been approved for the North Star Award by the National Court of Honor, Boy Scouts of America. This award is for Officer Hurst as a Police Officer of the City of Grand Island and for his dedication to the area and community's youth. Over the past decade, Officer Hurst has made numerous presentations about DARE to Cub Scout Packs & Boy Scout Troops. He has lead Bicycle Rodeos and Bicycle Registrations at district and council events and has lead tours through the Grand Island Safety Center. He has worked as a counselor for the annual Academic & Sport Weekend held at Walnut Middle School for the past 10 years. Officer Hurst has also taught the Crime Prevention & Traffic Safety Merit Badges at the Scout Office and for the Merit Badge University, held annually at the Stuhr Museum. Congratulations Officer Hurst on a job well done. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 5/27/2014 Page 3 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item C-2 Proclamation “Pandemic 2014 – Zombies in the Heartland” May 29 – June 1, 2014 Coming to the Grand Island Heartland Public Shooting Park the weekend of May 29 thru June 1, 2014 will be the third Pandemic 2014 Zombies in the Heartland event. This event is an action packed 3-gun shooting event where individuals from all over the United States will use handguns, shotguns, and rifles to engage in zombie themed targets. The Mayor has proclaimed May 29 - June 1, 2014 as "Pandemic 2014 Zombie Week". See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 5/27/2014 Page 4 / 366 Grand Island Council Session - 5/27/2014 Page 5 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item E-1 Public Hearing on Request from Hooker Bros. Sand & Gravel, Inc. for a Conditional Use Permit for a Sand and Gravel Operation located at 3860 South Locust Street Staff Contact: Craig Lewis Grand Island Council Session - 5/27/2014 Page 6 / 366 Council Agenda Memo From :Craig A. Lewis, Building Department Director Meeting:May 27, 2014 Subject: Public Hearing on Request of Hooker Bros. Sand & Gravel Inc. for a Conditional Use Permit at 3860 S. Locust Item #’s:E-1 & H-1 Presenter:Craig Lewis, Building Department Director Background; This request is for council approval to allow for the continued operation of maintenance equipment, storage and stock piling of product and aggregate accessory to the operation of a sand and gravel facility at 3947 S. Locust Street. The current site at 3860 S. Locust was approved by the City council for a sand and gravel mining operation in May of 1994 and 2004, each for a ten year period. Mining and pumping of the sand and gravel pit has ceased but the operation of storage of product and equipment and a maintenance facility has remained. Finish grading and closing of the site has begun. A conditional use permit is required as the current zoning classification, TA or transitional agriculture does not allow for this type of use as a permitted principal use. The zoning classification does list as a conditional use, commercial mines, quarries, sand and gravel pits and accessory uses. Conditional uses as listed in the zoning code must be approved by the City Council. Discussion: City administration has developed the following restrictions, or conditions which appear appropriate to impose upon sand and gravel operations. These conditions appear appropriate to continue to regulate the use of this property. 1). USE: The proposed uses are limited to those listed in the application, accessory uses to the sand and gravel permit approved for 3947 S. Locust street, sand and gravel processing, storage, stocking piling, distribution, and sales, both wholesale and retail. Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants. Equipment storage and maintenance for the sand and gravel operation. 2). CLOSURE: Closure of the mining operation has begun with leveling of the stock piles and distribution of top soil around the lake. Grand Island Council Session - 5/27/2014 Page 7 / 366 3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10 years with the possibility of renewal for an additional time at the end of the 10 year period. (b).Pumping of product shall not be allowed. The finished width of developable property adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A setback of 100 feet from any adjacent property line shall be maintained from the lake edge. (c). Activities (including lighting) at the site shall be limited to daylight hours (15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No processing activities shall be permitted on Sundays or from fifteen minutes after sunset to fifteen minutes before sunrise. Two exceptions to this condition shall be in the months of March, April, October, and November activities may operate from 6:00a.m. to 10:00p.m.to allow for winter condition. The second exception shall be that trucking of the product shall be allowed on Sundays from 7:00 a.m. to 12:00 noon to allow for contracted sales. (d). Any internal combustion pump motors utilized shall be equipped with a functioning “hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels. (e). Materials and equipment shall not be stored on the property within any easements or the regulated floodway as determined by the Federal Emergency Management Agency or its successor and the entity with jurisdiction and authority to enforce floodplain regulations. No product, material or equipment shall be stored within any easement or in such a manor that it would violate any safety provisions of the National Electric Safety Code. (f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as practical and such real estate must, at all times, be kept in a clean and neat condition. (g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature whatsoever shall be dumped, placed or located upon such real estate. (h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable hazard or nuisance to adjacent land owners or to the general public. (i). Applicant shall maintain any and all drainage ditches that may be located upon the real property. (j). Applicant shall not permit the hauling of sand and gravel form the premises and over and across any public highway or road unless said sand and gravel is complete dry and free from water or is hauled in trucks which are designed and equipped so as to prevent water from leaking onto the traveled portion of the roadbed. (k). All water accumulated upon the premises by virtue of any pumping operations shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only surface waters that have historically flowed from the premises shall be permitted to leave the same through historical natural drainage ways. (l). Applicant shall continue accessory operations. If at any time during the life of the permit issued the operations shall cease for a period of a continuous 18 months the permit shall become null and void and subject to reapplication and rehearing. Additionally if at anytime during the life of the permit issued the operation shall cease for a period of a continuous 18 months the permit shall become void and a renewal shall be obtained before becoming once again operational. Grand Island Council Session - 5/27/2014 Page 8 / 366 ALTERNATIVES: It appears the Council has the following alternatives concerning the issue. 1. Approve the request with the proposed conditions, finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2. Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3. Approve the request with additional or revised conditions and findings of fact. 4. Refer the matter to a special committee for a determination of a finding of fact. RECOMMENDATION: Approve the request if all conditions are met as presented by City Administration and if the City Council finds that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. SAMPLE MOTION: Move to approve the conditional use with the condition identified by the City Administration, published in the Council packet and presented at the Council meeting and finding that the application conforms with the purpose of the zoning regulations. Grand Island Council Session - 5/27/2014 Page 9 / 366 Grand Island Council Session - 5/27/2014 Page 10 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - 2705 W. Hwy. 30 - BTW Properties, Inc. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/27/2014 Page 11 / 366 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:May 27, 2014 Subject:Acquisition of Utility Easement – 2705 U.S. Highway 30 – BTW Properties, Inc. Item #’s:E-2 & G-7 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 an easement relative to the property of BTW Properties, Inc., located in the southwest corner of property located at 2705 U.S. Highway 30, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The owner of the property is constructing a new building at this location. The easement will be used to place underground conduit, cable, and a pad-mounted transformer to supply electric power to the new building. 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 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 - 5/27/2014 Page 12 / 366 Grand Island Council Session - 5/27/2014 Page 13 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item E-3 Public Hearing on Redevelopment Plan for Property Located at 217 N. Locust Street, the former Masonic Temple Building Staff Contact: Chad Nabity Grand Island Council Session - 5/27/2014 Page 14 / 366 Council Agenda Memo From:Chad Nabity, AICP Meeting:May 27, 2014 Subject:Amendment to Redevelopment Plan for CRA Area #1 Item #’s:E-3 & I-3 Presenter(s):Chad Nabity, AICP CRA Director Background In 2000, the Grand Island City Council declared property referred to as CRA Area #1 as blighted and substandard and approved a generalized redevelopment plan for the property. The generalized redevelopment plan authorized the use of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site preparation including demolition, landscaping and parking. TIF can also be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. Anson Investment and Development, the owner of Tower 217 (Masonic Temple Building) has submitted a proposed amendment to the redevelopment plan that would provide for renovation and redevelopment of this property for mixed use commercial, office and residential space at 217 N. Locust Street in Grand Island, Nebraska. The CRA reviewed the proposed development plan on April 16, 2014 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on May 7, 2014. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on May 7, 2014. The Planning Commission approved Resolution 2014-06 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. Grand Island Council Session - 5/27/2014 Page 15 / 366 Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan amendment (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment, the draft TIF contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #1 and authorizes the CRA to execute a contract for TIF based on the plan amendment. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for renovation and rehabilitation of this property into commercial and residential units. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for as eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. There is $1,187,826 of identified expenses eligible for Tax increment financing associated with the proposed redevelopment plan amendment. The bond for this project will be issued for a period of 15 years and will end upon final payment of the bond principal and any associated interest. The proposed bond for this project will be issued for the expected TIF proceeds for the 15 year period of $236,000 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - 5/27/2014 Page 16 / 366 Redevelopment Plan Amendment Grand Island CRA Area #1 April 2014 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area #1 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area #1. Executive Summary: Project Description THE REDEVELOPMENT OF TOWER 217 FORMALLY KNOWN AS THE MASONIC TEMPLE BUILDING INTO A SEVEN STORY MIXED USE BUILDING COMBINING COMMERCIAL AND RESIDENTIAL SPACE IN DOWNTOWN GRAND ISLAND AT 217 N LOCUST STREET IN GRAND ISLAND, NEBRASKA INCLUDING FIRE/LIFE SAFETY IMPROVEMENTS AND BUILDING REHABILITATION. The use of Tax Increment Financing to aid in rehabilitation expenses associated with redevelopment of the Masonic Temple Building into Tower 217. The use of Tax Increment Finance is an integral part of the development plan and necessary to make this project cash flow. The project will result in renovated commercial space and additional market rate residential space in Downtown Grand Island. This project would not be possible without the use of TIF. Anson Investment and Development is the owner of the property and has been exploring options for the redevelopment of this property since April of 2012. The building is currently vacant. All activities related to the renovation of this building will be paid for by Anson Investment and Development. They will be seeking grants and other funding but will be responsible for all the costs associated with the project. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the acquisition, site work and remodeling. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2016 or 17 towards the allowable costs and associated financing for the acquisition and site work. TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) 217 N. Locust Street in Grand Island Nebraska Masonic Temple Building “Tower 217” Legal Descriptions: The west 17 1/2' of the south 44' Lot 3 and the north 8' of the south 52' of the west 22' and the south 44' of Lot 4 Block 66 of Original Town in Grand Island, Hall County, Nebraska. Grand Island Council Session - 5/27/2014 Page 17 / 366 Existing Land Use and Subject Property Grand Island Council Session - 5/27/2014 Page 18 / 366 The tax increment will be captured for the tax years the payments for which become delinquent in years 2017 through 2031 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from rehabilitation of this vacant historic building for mixed commercial and residential uses as permitted in the B3 Heavy Business Zoning District and as encouraged by numerous downtown development plans and studies. Statutory Pledge of Taxes. Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in the Redevelopment Project Area shall be divided, for the period not to exceed 15 years after the effective date of the provision, which effective date shall be January 1, 2016. a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on December 19, 2000.[§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. Grand Island Council Session - 5/27/2014 Page 19 / 366 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to rehabilitate the building for permitted uses on this property as defined by the current and effective zoning regulations. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: The Redevelopment Plan for Area #1 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does not provide for the demolition and removal any structures on this property. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. All of the area around the site in private ownership is planned for Downtown Commercial development; this includes housing and commercial uses within the same structure. This property is in private ownership. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Grand Island Council Session - 5/27/2014 Page 20 / 366 City of Grand Island Future Land Use Map Grand Island Council Session - 5/27/2014 Page 21 / 366 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned B3-Heavy Business zone. No zoning changes are anticipated with this project. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is rehabilitating the existing building in phases beginning with the basement, first and second floors. Life safety improvements including a second stairway to the top of the building will be included in the first phase. Fire sprinklers added to the building as each phase is completed. Upper floors will be unused until such time as all safety and building code requirements are met to allow occupancy of each floor. The developer is not proposing to increase the size of the building and current building meets the applicable regulations regarding site coverage and intensity of use. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. No new services are anticipated with this development. Electric utilities are sufficient for the proposed use of this building. No other utilities would be impacted by the development. The developer will be responsible for replacing any sidewalks damaged during construction of the project. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property, owned by the developer is currently vacant; no relocation is contemplated or necessary. [§18- 2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. Grand Island Council Session - 5/27/2014 Page 22 / 366 The developer owns this property and acquisition is not part of the request for tax increment financing. The estimated cost of rehabilitation of this property is $1,132,686. Planning related expenses for Architectural and Engineering services of $48,540 and are included as a TIF eligible expense. Legal, Developer and Audit Fees including a reimbursement to the City and the CRA of $6,600 are included as TIF eligible expense. The total of eligible expenses for this project is $1,187,826. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $236,000 from the proceeds of the TIF Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2016 through December 2030. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. Grand Island Council Session - 5/27/2014 Page 23 / 366 8. Time Frame for Development Development of this project is anticipated to be completed between June 2014 and December of 2018. Excess valuation should be available for this project for 15 years beginning with the 2016 tax year. It is anticipated that phase 1 of this project including the basement, first and second floors will be completed by December 31 of 2015 and that the other phases will move forward when feasible. 9. Justification of Project This is an historic building in downtown Grand Island that will be preserved with this project. Downtown redevelopment plans over the past 20 years have all stressed the need to develop additional upper story residential in the downtown area. The current downtown living units are all occupied. This project would add a combination of retail, office, restaurant and residential space within the confines of a single building. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $99,655. The proposed redevelopment will create additional valuation of between $466,000 and $715,000 of additional valuation depending on the final configuration of the space. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities long after the project is paid off. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools. Fire and police protection are available and should not be negatively impacted by this development. The addition of life safety elements to this building including fire sprinklers and a second exit actually reduce the chances of negative impacts to the fire department. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; The proposed project will have no impact on other firms locating or expanding in the area. Grand Island Council Session - 5/27/2014 Page 24 / 366 (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other employers and will result in additional housing choices for employees within the city as well as additional commercial opportunities. (e) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project will increase the quantity of available quality housing in Grand Island by a net of six single family homes. These types of smaller projects spread throughout the city will have a less drastic impact on neighborhoods and schools than a centralized larger housing project. Time Frame for Development Development of this project is anticipated to be completed during between June of 2014 and December 31 of 2018. The base tax year should be calculated on the value of the property as of January 1, 2015. Excess valuation should be available for this project for 15 years beginning in 2016 with taxes due in 2017. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $236,000 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the rehabilitation the developer will spend at least $1,187,826 on TIF eligible activities. The CRA will reserve the right to issue additional debt for this project upon notification by the developer of sufficient expenses and valuation to support such debt in the form of a second or third bond issuance. Grand Island Council Session - 5/27/2014 Page 25 / 366 BACKGROUND INFORMATION RELATIVE TO TAX INCREMENT FINANCING REQUEST Project Redeveloper Information Business Name: Tower 217 ______________________ Address: 703 West 17th Telephone No.: 308-850-2715 Fax No.: _____________________ Contact: Amos C Anson Brief Description of Applicant’s Business: Seven story mixed use commercial building in downtown NE. Present Ownership Proposed Project Site: Tower 217,LLC Proposed Project: Building square footage, size of property, description of buildings – materials, etc. Please attach site plan, if available. Grand Island Council Session - 5/27/2014 Page 26 / 366 Former Masonic Temple building, 30,000 s.f. total building area, will be transformed into a mixed use of commercial and residential tenants. The current building is constructed of concrete and brick and the new construction will be steel studs and non combustible materials. See CRA Life Safety application for more detail. If Property is to be Subdivided, Show Division Planned: VI.Estimated Project Costs: Acquisition Costs: A. Land $ B. Building $ Construction Costs: A. Renovation or Building Costs:$ 1,132,686 B. On-Site Improvements:$ 8,815 re-platting, demo, asbestos removal, tree removal, etc. Soft Costs: A. Architectural & Engineering Fees:$48,540 B. Financing Fees: $ 10,800 Closing costs, filing fees C. Legal/Developer/Audit Fees:$180,126 D. Contingency Reserves:$ E. Other (Please Specify)$ TIF fees TOTAL $ 1,380,967 Total Estimated Market Value at Completion:$ Source of Financing: Grand Island Council Session - 5/27/2014 Page 27 / 366 A. Developer Equity: $ 60,000 B. Commercial Bank Loan:$ Tax Credits: 1. N.I.F.A.$ 2. Historic Tax Credits $ D. Industrial Revenue Bonds:$ E. Tax Increment Assistance:$ F. Other(Private Investor)$1,089,386 G. CRA Grant $291,581 Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor: General Contractor: Amos Anson, Empire Development, PO Box 1665 Grand Island NE 68802 308-390-2455 Structural Engineer: Scott Burney, Olsson Associates 201 E. Second Street Grand Island, NE 68801 308-384-8750 Architect: Marvin Webb, AIA with Webb and Company Architects387 North Walnut Street Grand Island, NE 68801 Estimated Real Estate Taxes on Project Site Upon Completion of Project: (Please Show Calculations) Project Construction Schedule: Construction Start Date: 2014 Construction Completion Date: 2015 If Phased Project: Year ___ % Complete ___________________ Year ___% Complete XII.Please Attach Construction Pro Forma: XIII. Please Attach Annual Income & Expense Pro Forma: Grand Island Council Session - 5/27/2014 Page 28 / 366 TAX INCREMENT FINANCING REQUEST INFORMATION Describe Amount and Purpose for Which Tax Increment Financing is Requested: Tower217 is asking for $236,000 in TIF. The reason for the request is to offset the cost of the future taxes in order to have 15 years to pay off the construction loan before the taxes are “increased”. This will allow the project to cash flow and therefore be a success. Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed Project: Without TIF assistance the project will not cash flow and therefore will not be a successful business venture. See attached pro forma and CRA Life Safety application for further information. Municipal and Corporate References (if applicable). Please identify all other Municipalities, and other Corporations the Applicant has been involved with, or has completed developments in, within the last five (5) years, providing contact person, telephone and fax numbers for each: N/A Grand Island Council Session - 5/27/2014 Page 29 / 366 IV.Please Attach Applicant’s Corporate/Business Annual Financial Statements for the Last Three Years: New venture, none available Post Office Box 1968 Grand Island, Nebraska 68802-1968 Phone: 308 385-5240 Fax: 308 385-5423 Email: cnabity@grand-island.com Grand Island Council Session - 5/27/2014 Page 30 / 366 Pro Forma for first four floors: This is with the assumption the taxes are “frozen” for the first 15 years. As you can see in the bottom two lines, without the life safety grant in combination with the TIF financing, the project simply doesn’t cash flow. 09 Item Phase 01 Phase 02 Phase 03 Totals Insurance&Interest 4,800.00 0.00 0.00 4,800.00 Permits 1,200.00 0.00 0.00 1,200.00 Demo 5,112.00 1,586.00 2,117.00 8,815.00 Carpentry Labor 26,691.00 8,336.00 10,992.00 46,019.00 Materials 28,603.00 8,876.00 11,837.00 49,316.00 Roofing labor 0.00 0.00 0.00 0.00 Plumbing 0.00 0.00 0.00 0.00 HVAC 0.00 0.00 0.00 0.00 Electric 8,000.00 2,000.00 1,249.00 11,249.00 Insulation 0.00 0.00 0.00 0.00 Drywall Hang 0.00 0.00 0.00 0.00 Drywall Finish 0.00 0.00 0.00 0.00 Paint 0.00 0.00 0.00 0.00 Trim Labor 0.00 0.00 0.00 0.00 Cabinets 0.00 0.00 0.00 0.00 Countertops 0.00 0.00 0.00 0.00 Flooring Allowance 0.00 0.00 0.00 0.00 Lighting Allowance 0.00 0.00 0.00 0.00 Electronics 12,000.00 3,000.00 3,000.00 18,000.00 Fire Sprinklers 34,000.00 7,000.00 32,000.00 73,000.00 Concrete 12,426.00 3,924.00 5,250.00 21,600.00 Custom Cabinets 0.00 0.00 0.00 0.00 Appliances 0.00 0.00 0.00 0.00 Architect 15,550.00 2,000.00 2,000.00 19,550.00 Elevator 0.00 0.00 Sub Total 148,382.00 36,722.00 68,445.00 253,549.00 O&P 22,058.00 6,845.00 9,129.00 38,032.00 Total 170,440.00 43,567.00 77,574.00 291,581.00 Income w/Grant 878.77 114.16 992.93 w/o Grant (1,013.46) (369.52) (1,382.98) Typical plan used for interior lots. Above: Typical three bedroom home on a corner lot. Right: Typical three bedroom home on an interior lot. Note – NSP funds were used to tear down the garage in the background to make way for the home next door. Bottom: A four bedroom home on a corner lot where CRA provided water lines. Grand Island Council Session - 5/27/2014 Page 31 / 366 Grand Island Council Session - 5/27/2014 Page 32 / 366 Grand Island Council Session - 5/27/2014 Page 33 / 366 Grand Island Council Session - 5/27/2014 Page 34 / 366 REDEVELOPMENT CONTRACT This Redevelopment Contract is made and entered into as of the _____th day of ___________, 2012, by and between the Community Redevelopment Authority of the City of Grand Island, Nebraska (“Authority”), and, Anson Investment and Development, LLC, a Nebraska limited liability company (“Redeveloper”). WITNESSETH: WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska Constitution and Sections l8-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 2012, as amended (collectively the “Act”), has designated an area in the City as blighted and substandard; and WHEREAS, City and Redeveloper desire to enter into this Redevelopment Contract for redevelopment of a parcel in the blighted and substandard area; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows: ARTICLE I DEFINITIONS AND INTERPRETATION Section 1.01 Terms Defined in this Redevelopment Contract. Unless the context otherwise requires, the following terms shall have the following meanings for all purposes of this Redevelopment Contract, such definitions to be equally applicable to both the singular and plural forms and masculine, feminine and neuter gender of any of the terms defined: “Act” means Section 12 of Article VIII of the Nebraska Constitution, and Sections 18- 2101 through 18-2154, Reissue Revised Statutes of Nebraska, 2012, as amended, and acts amendatory thereof and supplemental thereto “Authority” means the Community Redevelopment Authority of the City of Grand Island, Nebraska. “City” means the City of Grand Island, Nebraska. “Governing Body” means the Mayor and City Council of the City. Grand Island Council Session - 5/27/2014 Page 35 / 366 “Holder” means the holders of TIF indebtedness issued by the Authority from time to time outstanding. “Liquidated Damages Amount” means the amounts to be repaid to Authority by Redeveloper pursuant to Section 6.02 of this Redevelopment Contract. “Project” means the improvements to the Redevelopment Area, as further described in Exhibit B attached hereto and incorporated herein by reference and, as used herein, shall include the Redevelopment Area real estate. “Project Cost Certification” means a statement prepared and signed by the Redeveloper verifying the Redeveloper has been legally obligated for the payment of Project Costs identified on Exhibit D “Project Costs” means only costs or expenses incurred by Redeveloper for the purposes set forth in §18-2103 (a) through (f), inclusive, of the Act as identified on Exhibit D. “Redeveloper” means Anson Investment and Development, LLC, a Nebraska limited liability company. “Redevelopment Area” means that certain real property situated in the City of Grand Island, Hall County, Nebraska, which has been declared blighted and substandard by the City pursuant to the Act, and which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. “Redevelopment Contract” means this redevelopment contract between the Authority and Redeveloper with respect to the Project. “Redevelopment Plan” means the Amended Redevelopment Plan for the Redevelopment Area related to the Project, prepared by the Authority and approved by the City pursuant to the Act. “Resolution” means the Resolution of the Authority, as supplemented from time to time, approving this Redevelopment Contract and the issuance of the TIF Indebtedness. “TIF Indebtedness” means any bonds, notes, loans, and advances of money or other indebtedness, including interest and premiums, if any, thereon, incurred by the Authority pursuant to Article III hereof and secured in whole or in part by TIF Revenues. “TIF Revenues” means incremental ad valorem taxes generated by the Project which are allocated to and paid to the Authority pursuant to the Act. Section 1.02 Construction and Interpretation. The provisions of this Redevelopment Contract shall be construed and interpreted in accordance with the following provisions: Grand Island Council Session - 5/27/2014 Page 36 / 366 (a)Wherever in this Redevelopment Contract it is provided that any person may do or perform any act or thing the word “may” shall he deemed permissive and not mandatory and it shall be construed that such person shall have the right, but shall not be obligated, to do and perform any such act or thing. (b)The phrase “at any time” shall be construed as meaning “at any time or from time to time.” (c)The word ‘including” shall be construed as meaning ‘‘including, but not limited to.” (d)The words ‘will” and “shall” shall each be construed as mandatory. (e)The words “herein,” “hereof,” “hereunder,”” hereinafter” and words of similar import shall refer to the Redevelopment Contract as a whole rather than to any particular paragraph, section or subsection, unless the context specifically refers thereto. (f)Forms of words in the singular, plural, masculine, feminine or neuter shall be construed to include the other forms as the context may require. (g)The captions to the sections of this Redevelopment Contract are for convenience only and shall not be deemed part of the text of the respective sections and shall not vary by implication or otherwise any of the provisions hereof. ARTICLE II REPRESENTATIONS Section 2.01 Representations by Authority. The Authority makes the following representations and findings: (a)the Authority is a duly organized and validly existing Community Redevelopment Authority under the Act. (b)The Redevelopment Plan has been duly approved and adopted by the City pursuant to Section 18-2109 through 18-2117 of the Act. (c)The Authority deems it to be in the public interest and in furtherance of the purposes of the Act to accept the proposal submitted by Redeveloper as specified herein. (d)The Redevelopment Project will achieve the public purposes of the Act by, among other things, increasing employment, improving public infrastructure, increasing the tax base, and lessening conditions of blight and substandard in the Redevelopment Area. Grand Island Council Session - 5/27/2014 Page 37 / 366 (e)(1) The Redevelopment Plan is feasible and in conformity with the general plan for the development of the City as a whole and the plan is in conformity with the legislative declarations and determinations set forth in the Act, and (2) Based on Representations made by the Redeveloper: (i) the Project would not be economically feasible without the use of tax-increment financing, (ii) the Project would not occur in the Redevelopment Area without the use of tax-increment financing, and (iii) the costs and benefits of the Project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the Authority and have been found to be in the long-term best interest of the community impacted by the Project. (f)The Authority has determined that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development: including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of’ the recurrence of insanitary or unsafe dwelling accommodations, or conditions of blight. Section 2.02 Representations of Redeveloper. The Redeveloper makes the following representations: (a)The Redeveloper is a Nebraska limited liability company, having the power to enter into this Redevelopment Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment Contract. (b)The execution and delivery of the Redevelopment Contract and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any Grand Island Council Session - 5/27/2014 Page 38 / 366 instrument or agreement. (c)There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Contract or, except as disclosed in writing to the Authority, as in any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d)Any financial statements of the Redeveloper or its Members delivered to the Authority prior to the date hereof are true and correct in all respects and fairly present the financial condition of the Redeveloper and the Project as of the dates thereof; no materially adverse change has occurred in the financial condition reflected therein since the respective dates thereof; and no additional borrowings have been made by the Redeveloper since the date thereof except in the ordinary course of business, other than the borrowing contemplated hereby or borrowings disclosed to or approved by the Authority. (e)The Project would not be economically feasible without the use of tax increment financing. (f)The Project would not occur in the Redevelopment Area without the use of tax-increment financing. (g)The Redeveloper is an accredited investor as that term is defined for purposes Regulation D, issued pursuant to the Securities Act of 1933, as amended. ARTICLE III OBLIGATIONS OF THE AUTHORITY Section 3.01 Division of Taxes. In accordance with Section 18-2147 of the Act, the Authority hereby provides that any ad valorem tax on the following real property in the Project: to wit: the property shown on attached Exhibit A, for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in this section. The effective date of this provision shall be January 1, 2016. Said taxes shall be divided as follows: (a)That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and (b)That proportion of the ad valorem tax on real property in the Redevelopment Area in excess of such amount (the “Incremental Ad Valorem Tax”), if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of Grand Island Council Session - 5/27/2014 Page 39 / 366 the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Project shall be paid into the funds of the respective public bodies. Section 3.02 Issuance of TIF Indebtedness Prior to______________, the Authority shall issue one TIF Note, in one taxable series, in a maximum principal amount of Two Hundred Thirty Six Thousand and no/100 Dollars ($236,000), in the form set forth in the Resolution for net funds available (collectively “TIF Indebtedness”) to be purchased by Redeveloper (“TIF Note Purchaser”), in a written form acceptable to Redeveloper’s attorney, and receive Note Proceeds from the TIF Note Purchaser in said amount. The Authority and Redeveloper agree that the form of the TIF Note and funding mechanism of the Note Proceeds will be set up similar to a line of credit so that the TIF Note Purchaser is required to pay the Note Proceeds to the Authority on or before the date the Authority needs funds in the Project Account in order for the City to make payment for completed Project Costs as described herein. Subject to the terms of this Agreement, the City Planning Director on behalf of the Authority shall have the authority to determine the timing of issuing the TIF Indebtedness and all the other necessary details of the TIF Indebtedness. No TIF Indebtedness will be issued until Redeveloper has (a) acquired fee title to the Redevelopment Area; (b) obtained financing commitments as described in Section 5.01; and (c) entered into a contract for construction of the Project. The Authority shall have no obligation to find a lender or investor to acquire the TIF Indebtedness, but rather shall issue the TIF Indebtedness to the Redeveloper upon payment of the principal amount thereof. The purchase price of the TIF Indebtedness may be offset against the Grant described in Section 3.04 hereof, in the sole discretion of the Authority. The TIF Indebtedness issued pursuant to the provisions of this contract constitutes a limited obligation of the Authority payable exclusively from that portion of the ad valorem real estate taxes mentioned in subdivision (1)(b) of Section 18-2147, R.R.S. Neb. 2012, as levied, collected and apportioned from year to year with respect to certain real estate located within the "Redevelopment Area" The TIF Indebtedness shall not constitute a general obligation of the Authority and the Authority shall be liable for the payment thereof only out of said portion of taxes as described in this paragraph. The TIF Indebtedness shall not constitute an obligation of the State of Nebraska or of the City or the Authority (except for such receipts as have been pledged pursuant to Section 3.03) and neither the State or Nebraska, the Authority nor the City shall be liable for the payment thereof from any fund or source including but not limited to tax monies belonging to either thereof (except for such receipts as have been pledged pursuant to Section 3.03). Neither the members of the Authority's governing body nor any person executing the TIF Indebtedness shall be liable personally on the TIF Indebtedness by reason of the issuance thereof. The Authority’s obligation to the holder of the TIF Indebtedness shall terminate, in all Grand Island Council Session - 5/27/2014 Page 40 / 366 events no later than 15 years from the effective date set forth in Section 3.01 hereof. Section 3.03 Pledge of TIF Revenues. The Authority hereby pledges 100% of the annual TIF Revenues as security for the TIF Indebtedness. Section 3.04 Grant of Proceeds of’ TIF Indebtedness. From the proceeds of the TIF indebtedness incurred as described on Exhibit C, the Authority shall grant the following sums to the following entities, to wit: 100% to the Redeveloper for Project Costs. Notwithstanding the foregoing, the amount of the grant shall not exceed the amount of Project Costs certified pursuant to Section 4.02. The grants shall be paid to the Redeveloper upon certification that the Redeveloper has incurred or is obligated to incur such Project Costs which include supporting documentation requested by Authority and shall, if requested by Redeveloper, be made in one or more advances. Section 3.05 Creation of Fund. The Authority will create a special fund to collect and hold the TIF Revenues. Such special fund shall be used for no purpose other than to pay TIF Indebtedness issued pursuant to Sections 3.02 above. ARTICLE IV OBLIGATIONS OF REDEVELOPER Section 4.01 Construction of Project; Insurance. (a) Redeveloper will complete the Project and install all infrastructure, improvements, buildings, fixtures, equipment and furnishings necessary to operate the Project. Redeveloper shall be solely responsible for obtaining all permits and approvals necessary to acquire, construct and equip the Project. Until construction of the Project has been completed, Redeveloper shall make reports in such detail and at such times as may be reasonably requested by the Authority as to the actual progress of Redeveloper with respect to construction of the Project. Promptly after completion by the Redeveloper of the Project, the Redeveloper shall furnish to the Authority a Certificate of Completion. The certification by the Redeveloper shall be a conclusive determination of satisfaction of the agreements and covenants in this Redevelopment Contract with respect to the obligations of Redeveloper and its successors and assigns to construct the Project. As used herein, the term “completion” shall meant substantial completion of the Project. (b) Any general contractor chosen by the Redeveloper or the Redeveloper itself shall be required to obtain and keep in force at all times until completion of construction, policies of Grand Island Council Session - 5/27/2014 Page 41 / 366 insurance including coverage for contractors’ general liability and completed operations and a penal bond as required by the Act. The City, the Authority and the Redeveloper shall be named as additional insured. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an owner, shall be required to purchase and maintain property insurance upon the Project to the full insurable value thereof. This insurance shall insure against the perils of fire and extended coverage and shall include “All Risk” insurance for physical loss or damage. The contractor or the Redeveloper, as the case may be, shall furnish the Authority with a Certificate of Insurance evidencing policies as required above. Such certificates shall state that the insurance companies shall give the Authority prior written notice in the event of cancellation of or material change in any of any of the policies. (c) Redeveloper shall pay, on execution hereof the sum of $1,000.00 to the City of Grand Island for administrative expenses related to payment of the tax increment revenue. Section 4.02 Cost Certification. The Redeveloper shall submit authentic documentation to the Authority on approved forms or format for payment of any expenses related to construction of the eligible Project Costs. The Redeveloper shall timely submit receipts, invoices, or proof of payment concurrently with the request for payment of Public Improvements and eligible Private Improvements costs. The City shall approve or reject the same with reasons stated, based on the review within ten (10) days of receipt of the same; provided, however, the Authority shall generally approve requests for payment made by Redeveloper that are consistent with this Agreement. To the extent TIF Proceeds are available, reimbursement by the Authority to the Redeveloper shall be made promptly after approval by the Authority. Section 4.03 Legal Costs. Redeveloper shall pay the Authority the sum of $5,000 for the costs incurred by the Authority associated with the issuance of the TIF Indebtedness. Redeveloper understands that the law firm assisting with the issuance of the TIF Indebtedness represents the Authority and not the Redeveloper. Section 4.04 No Discrimination. Redeveloper agrees and covenants for itself, its successors and assigns that as long as any TIF Indebtedness is outstanding, it will not discriminate against any person or group of persons on account of race, sex, color, religion, national origin, ancestry, disability, marital status or receipt of public assistance in connection with the Project. Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project, Redeveloper will not discriminate against any employee or applicant for employment because of race, religion, sex, color, national origin, ancestry, disability, marital status or receipt of public assistance. Redeveloper will comply with all applicable federal, state and local laws related to the Project. Grand Island Council Session - 5/27/2014 Page 42 / 366 Section 4.05 Pay Real Estate Taxes. Redeveloper intends to create a taxable real property valuation [over and above the valuation thereof as the same existed on January 1, 2015] of the Redevelopment Project Area of $750,000 no later than no later than January 1, 2016. During the period that any TIF Indebtedness is outstanding, neither the Redeveloper, nor its assigns, will (1) file a protest seeking to obtain a real estate property valuation on the Redevelopment Area of less than the sum of: (a) Seven Hundred Fifty Thousand Dollars ($750,000) and (b) the valuation of the Redevelopment Project Area as the same existed on January 1, 2015; (2) convey the Redevelopment Area or structures thereon to any entity which would be exempt from the payment of real estate taxes or cause the nonpayment of such real estate taxes; nor (3) allow real estate taxes and assessments levied on the Redevelopment Area and Project to become delinquent during the term that any TIF Indebtedness is outstanding. Redeveloper shall pay the real property ad valorem taxes for the project for the year 2030 prior to January 1, 2031. Section 4.07 Assignment or Conveyance. Any assignment or conveyance of the any portion of the Redevelopment, the Project or any interest therein prior to the termination of the 15 year period commencing on the effective date specified in Section 3.01 hereof Area by the Redeveloper shall be subject to the terms and conditions of this Redevelopment Contract. Section 4.08 Purchase of TIF Indebtedness. The Redeveloper shall purchase the TIF Indebtedness at 100% of the principal amount thereof upon issuance of such debt. The Authority may provide that such purchase be offset against the grant provided in Section 3.04 hereof. Section 4.09 Penal Bond. The Developer shall execute a penal bond for the Project with good and sufficient surety to be approved by the Authority meeting the requirements of Section 18-2151, Reissue Revised Statutes of Nebraska, as amended, on or prior to its execution of this Contract. Section 4.10 Immigration Status. The Redeveloper agrees that any contractor for the Project shall be required to agree to use a federal immigration verification system (as defined in §4-114, R.S.S. 2012) to determine the work eligibility status of new employees physically performing services on the Project and to comply with all applicable requirements of §4-114, R.S.S. 2012. Grand Island Council Session - 5/27/2014 Page 43 / 366 ARTICLE V FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES Section 5.01 Financing. Redeveloper shall pay all Project Costs and any and all other costs related to the Redevelopment Area and the Project which are in excess of the amounts paid from the proceeds of the TIF Indebtedness granted to Redeveloper. Prior to issuance of the TIF Indebtedness, Redeveloper shall provide Authority with evidence satisfactory to the Authority that private funds have been committed to the Redevelopment Project in amounts sufficient to complete the Redevelopment Project. Redeveloper shall timely pay all costs, expenses, fees, charges and other amounts associated with the Project which shall include such other fees and expenses imposed by the Authority. ARTICLE VI DEFAULT, REMEDIES; INDEMNIFICATION Section 6.01 General Remedies of Authority and Redeveloper. Subject to the further provisions of this Article VI, in the event of any failure to perform or breach of this Redevelopment Contract or any of its terms or conditions, by any party hereto or any successor to such party, such party, or successor, shall, upon written notice from the other, proceed immediately to commence such actions as may be reasonably designed to cure or remedy such failure to perform or breach which cure or remedy shall be accomplished within a reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or diligently pursued, or the failure to perform or breach shall not be cured or remedied within a reasonable time, this Redevelopment Contract shall be in default and the aggrieved party may institute such proceedings as may be necessary or desirable to enforce its rights under this Redevelopment Contract, including, but not limited to, proceedings to compel specific performance by the party failing to perform on in breach of its obligations. Section 6.02 Additional Remedies of Authority In the event that: (a)the Redeveloper, on successor in interest, shall fail to complete the construction of the Project on or before January 1, 2016, or shall abandon construction work for any period of 90 days, (b)the Redeveloper, on successor in interest, shall fail to pay real estate taxes or assessments on the Redevelopment Area on any part thereof or payments in lieu of taxes pursuant to Section 4.07 when due; or (c) There is, in violation of Section 4.08 of this Redevelopment Contract, and Grand Island Council Session - 5/27/2014 Page 44 / 366 such failure or action by the Redeveloper has not been cured within 30 days following written notice from Authority, then the Redeveloper shall be in default of this Redevelopment Contract. In the event of such failure to perform, breach or default occurs and is not cured in the period herein provided, the parties agree that the damages caused to the Authority would be difficult to determine with certainty and that a reasonable estimation of the amount of damages that could be incurred is the amount of the grant to Redeveloper pursuant to Section 3.04 of this Redevelopment Contract, less any reductions in the principal amount of the TIF Indebtedness, plus interest on such amounts as provided herein (the “Liquidated Damages Amount”). The Liquidated Damages Amount shall be paid by Redeveloper to Authority within 30 days of demand from Authority. Interest shall accrue on the Liquidated Damages Amount at the rate of one percent (1%) over the prime rate as published and modified in the Wall Street Journal from time to time and interest shall commence from the date that the Authority gives notice to the Redeveloper demanding payment. Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its obligation to pay real estate taxes or assessments with respect to the Project. Section 6.03 Remedies in the Event of Other Redeveloper Defaults. In the event the Redeveloper fails to perform any other provisions of this Redevelopment Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall be in default. In such an instance, the Authority may seek to enforce the terms of this Redevelopment Contract or exercise any other remedies that may be provided in this Redevelopment Contract or by applicable law; provided, however, that the default covered by this Section shall not give rise to a right or rescission on termination of this Redevelopment Contract, and shall not be covered by the Liquidated Damages Amount. Section 6.04 Forced Delay Beyond Party’s Control. For the purposes of any of the provisions of this Redevelopment Contract, neither the Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to the conveyance or preparation of the Redevelopment Area for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of forced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays in subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such forced delay, the time or times for performance of the obligations of the Authority or of the Redeveloper with respect to construction of the Project, as the case may be, shall be extended for the period of the forced delay: Provided, that the party seeking the benefit of the provisions of Grand Island Council Session - 5/27/2014 Page 45 / 366 this section shall, within thirty (30) days after the beginning of any such forced delay, have first notified the other party thereto in writing, and of the cause or causes thereof and requested an extension for the period of the forced delay. Section 6.05 Limitations of Liability; Indemnification. Notwithstanding anything in this Article VI or this Redevelopment Contract to the contrary, neither the City, the Authority, nor their officers, directors, employees, agents or their governing bodies shall have any pecuniary obligation or monetary liability under this Redevelopment Contract. The sole obligation of the Authority under this Redevelopment Contract shall be the issuance of the TIF Indebtedness and granting of a portion of the proceeds thereof to Redeveloper, as specifically set forth in Sections 3.02 and 3.04. The obligation of the City and Authority on any TIF Indebtedness shall be limited solely to the payment of the TIF Revenues on the TIF Indebtedness. Specifically, but without limitation, neither the City or Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of any representations, warranties or obligations hereunder. The Redeveloper releases the City and Authority from, agrees that neither the City or Authority shall be liable for, and agrees to indemnify and hold the City and Authority harmless from any liability for any loss or damage to property or any injury to or death of any person that may be occasioned by any cause whatsoever pertaining to the Project. The Redeveloper will indemnify and hold each of the City and Authority and their directors, officers, agents, employees and member of their governing bodies free and harmless from any loss, claim, damage, demand, tax, penalty, liability, disbursement, expense, including litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage or injury, actual or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, whether on not related to the Project, or resulting from or in any way connected with specified events, including the management of’ the Project, or in any way related to the enforcement of this Redevelopment Contract or army other cause pertaining to the Project. ARTICLE VII MISCELLANEOUS Section 7.01 Notice Recording. This Redevelopment Contract or a notice memorandum of this Redevelopment Contract shall be recorded with the County Register of Deeds in which the Redevelopment Area is located. Section 7.02 Governing Law. This Redevelopment Contract shall be governed by the laws of the State of’ Nebraska, Grand Island Council Session - 5/27/2014 Page 46 / 366 including but not limited to the Act. Section 7.03 Binding Effect; Amendment. This Redevelopment Contract shall be binding on the parties hereto and their respective successors and assigns. This Redevelopment Contract shall run with the Redevelopment Area. The Redevelopment Contract shall not be amended except by a writing signed by the party to be bound. Section 7.04 Third Party Enforcement, The provisions of this Redevelopment Contract which obligate the Redeveloper shall inure to the benefit of the holder of the TIF Indebtedness, the Hall County Assessor, the City and the Authority, any of whom may, but are not obligated to enforce the terms of this Redevelopment Contract in a court of law. IN WITNESS WHEREOF, City and Redeveloper have signed this Redevelopment Contract as of the date and year first above written. COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF ATTEST: GRAND ISLAND, NEBRASKA _________________________________By:___________________________________ Secretary Chairman STATE OF NEBRASKA ) ) ss. COUNTY OF HALL) The foregoing instrument was acknowledged before me this ______ day of ______, _____, by _______________ and ________________, Chair and Secretary, respectively, of the Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the Authority. __________________________________ Notary Public Grand Island Council Session - 5/27/2014 Page 47 / 366 Anson Investment and Development, LLC By:_____________________________ Manager STATE OF NEBRASKA ) ) ss. COUNTY OF __________) The foregoing instrument was acknowledged before me this ______ day of ______, _____, by ___________________, Manager of Anson Investment and Development, LLC, on behalf of the limited liability company. __________________________________ Notary Public Grand Island Council Session - 5/27/2014 Page 48 / 366 EXHIBIT A The west 17 1/2' of the south 44' Lot 3 and the north 8' of the south 52' of the west 22' and the south 44' of Lot 4 Block 66 of Original Town in Grand Island, Hall County, Nebraska. A-I Grand Island Council Session - 5/27/2014 Page 49 / 366 EXHIBIT B DESCRIPTION OF PROJECT Rehabilitation and interior remodeling of the former Masonic Temple into mixed use commercial and residential space. B- 1 Grand Island Council Session - 5/27/2014 Page 50 / 366 EXHIBIT C TIF INDEBTEDNESS 1.Principal Amount:$236,000 [annual payment amounts assumed are $15,733] 2.Payments:Semi-annually or more frequent, with payments limited to annual incremental taxes revenues from the project. 3. Interest Rate: Zero percent (0.00%) 4. Maturity Date:On or before December 31, 2030. C-1 Grand Island Council Session - 5/27/2014 Page 51 / 366 EXHIBIT D PROJECT COSTS All Project Costs payable from the proceeds of TIF indebtedness pursuant to the Act including: 1.Redevelopment Area rehabilitation and remodeling cost 2.Site demolition work and site preparation 3.Utility extensions, installation of gas, water, sewer and electrical lines and equipment 4.Façade improvements 5.Interior rehabilitation 6.Parking lot and sidewalk rehabilitation D-1 Grand Island Council Session - 5/27/2014 Page 52 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item E-4 Public Hearing on Acquisition of Utility Easement in Section 13- 11N-10 (Mid Plains Construction Co. – 418 N Webb Rd) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 53 / 366 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 27, 2014 Subject:Public Hearing on Acquisition of Utility Easement in Section 13-11N-10 (Mid Plains Construction Co. – 418 N Webb Rd) Item #’s:E-4 & G-14 Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A utility easement needs to be acquired within the lot at 418 N Webb Road to accommodate the development. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of utilities within the easement. Discussion To allow for the development in progress at 418 N Webb Road the owner has dedicated an easement. The new easement will be twenty-five (25) feet wide and run from the property line near W North Front Street to the north property line adjacent to Webb Road. The attached sketch details where this easement will be located. 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 - 5/27/2014 Page 54 / 366 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Easement. Sample Motion Move to approve the acquisition of the Easement. Grand Island Council Session - 5/27/2014 Page 55 / 366 013-2217PROJECT NO: DRAWN BY: 03/27/2014DATE: LJW EXHIBIT FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street 25' UTILITY EASEMENT 1R Grand Island Council Session - 5/27/2014 Page 56 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item E-5 Public Hearing on Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (Bosselman Pump & Pantry, Inc.) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 57 / 366 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 27, 2014 Subject:Public Hearing on Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (Bosselman Pump & Pantry, Inc.) Item #’s:E-5 & G-15 Presenter(s):John Collins PE, Public Works Director Background A public utility easement is needed to accommodate the extension of sanitary sewer to Interstate 80. The public utility easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easement. Such sanitary sewer district was created by City Council through Ordinance No. 9348 at the December 6, 2011 meeting. Discussion The purchase price of the necessary public utility easement is as follows, and has been agreed upon between the City and the property owner. Property Owner Legal Description Amount Bosselman Pump & Pantry, Inc. THE EAST 30 FEET OF LOTS SEVEN (7), EIGHT (8), NINE (9) AND TEN (10), BLOCK ONE (1), AND THE EAST 30 FEET OF OUTLOT ONE (1), BLCOK TWO (2), ALL IN BOSSELVILLE SUBDIVISION, HALL COUNTY, NEBRSAKA. SAID TRACT CONTAINS A CALCULATED AREA OF 29,556 SQUARE FEET OR 0.6749 ACRES MORE OR LESS. AND THE EAST 30 FEET OF A TRACT OF LAND AS DESCRIBED IN INSTRUMENT NO. 0201000476 OF THE $146,267.00 Grand Island Council Session - 5/27/2014 Page 58 / 366 REGISTER OF DEEDS OFFICE ONF HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 41,863 SQUARE FEET OR 0.961 ACRES MORE OR LESS. 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 acquisition of the necessary Public Utility Easement. Sample Motion Move to approve the acquisition of the necessary Public Utility Easement. Grand Island Council Session - 5/27/2014 Page 59 / 366 Grand Island Council Session - 5/27/2014 Page 60 / 366 Grand Island Council Session - 5/27/2014 Page 61 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item F-1 #9488 – Consideration of Amending Chapter 16 of the Grand Island City Code Relative to Fire Protection Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 5/27/2014 Page 62 / 366 Council Agenda Memo From:Fred Hotz, Fire Prevention Division Chief Meeting:May 27, 2014 Subject:Amendment to Various Sections of Chapter 16 of the Grand Island City Code Fire Protection Item #’s:F-1 Presenter(s):Fred Hotz, Fire Prevention Division Chief Background The City of Grand Island has for generations adopted and enforced fire codes which regulate life and fire safety features of buildings within the City of Grand Island. The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or general dangerous conditions in new and existing building, structures and premises, and to provide safety to fire fighter and emergency responders during emergency operations. In 2012, Council amended the fireworks ordinance to establish new sales and discharge times and date to begin in 2013. Currently, there is language in the code that refers to alarm systems that no longer exist and no such future systems are predicted to exist. Finally, in-home daycares have been regulated by the Nebraska Department of Health and Human Services, specifically the Child Division. As part of the licensure process for providers, DHHS requires a life safety inspection done by the State Fire Marshal’s Office, or their appointed designee. The Grand Island Fire Department is a designee of the State Fire Marshal’s Office for these life safety inspections. Requests for inspections are made directly to the City’s Fire Prevention Bureau. Discussion The City previously adopted and enforces the 2003 edition of the International Fire Code (IFC) as published by the International Code Council. Recently the City Council adopted the 2012 edition of the International Building Code. The IFC is the “sister” code to this Grand Island Council Session - 5/27/2014 Page 63 / 366 building code. The IFC 2012 is the most current edition and the Administration is requesting that the City adopt the 2012 International Fire Code. The proposed ordinance will adopt the 2012 IFC with the specific provisions listed not being adopted. To promote clarity and understanding, Administration is proposing to amend sections §16-13, §16-15, §16-16.1 and §16-22 to remove references to the year 2013. These sections were amended in 2012 by Council with the changes being in effect starting in 2013. As these sections are now in effect, it is best to remove the references to 2013 so as not to confuse the public. False alarm language found in section §16-6, §16-7 and §16-8 is antiquated and needs to be updated to conform with the types of alarms in use today. Administration is proposing to add two new provisions to Chapter 16 that govern in- home daycares. After DHHS upgraded the standards of care for home daycares a number of years ago, there were a large number of these daycares that were not in compliance with the new standards along with new home daycares. A provision was adopted to allow these existing and new home daycares a provisional license for up to 1 year during which time they were allowed to bring their homes into compliance with these new standards. Life Safety Compliance fell into this same one year provision. It is the determination of the Fire Prevention Bureau that home daycare services for children without some reasonable acceptable standard of safety should not be allowed in the City Of Grand Island. No other occupancy use is allowed this type of provisional license to come into compliance with safety standards. It is in the best interest of the children of the City for these proposed sections to be adopted. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve Ordinance No. 9488 amending Chapter 16 of City Code. Sample Motion Move to approve Ordinance No. 9488. Grand Island Council Session - 5/27/2014 Page 64 / 366 Approved as to Form ¤ ___________ May 22, 2014 ¤ City Attorney ORDINANCE NO. 9488 An Ordinance to revise Chapter 16 of the Grand Island City Code; to amend Sections 16-1 and 16-3 to adopt the International Fire Code; to delete Sections 16-3.1, 16-3.2, and 16-3.3 and to renumber and amend Section 16-3.4 pertaining to the International Fire Code; to add a new Section 16-3.2 pertaining to the definition of Care Facilities Within a Dwelling; to delete Sections 16-6 and 16-7 and to amend Section 16-8 pertaining to fire alarms; to amend Sections 16-13; 16-15; 16-16; 16-16.1 and 16-22; and to add Article VII, Sections 16-31 and 16-32; to repeal Sections 16-1; 16-3; 16-3.1; 16-3.2; 16-3.3; 16-3.4; 16-6; 16-7; 16-8; 16-13; 16-15; 16- 16.1 and 16-22 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 16-1; 16-3; 16-3.1; 16-3.2; 16-3.3; 16-3.4; 16-6; 16-7; 16-8; 16- 13; 16-15; 16-16; 16-16.1 and 16-22 of the Grand Island City Code are hereby amended to read as follows: CHAPTER 16 FIRE PROTECTION Article I. General §16-1. International Fire Code (IFC) Adopted The International Fire Code, 201203 Edition, published by the International Code Council, is hereby adopted, except for such portions as heretofore or hereafter have been deleted, modified, or amended by ordinance and set forth in this Code. The following sections of the Appendix shall also be adopted: Appendix B – Fire Flow Requirements for Buildings Appendix C – Fire Hydrant Locations and Distribution Appendix D – Fire Apparatus Access Roads Appendix E – Hazard Categories Grand Island Council Session - 5/27/2014 Page 65 / 366 ORDINANCE NO. 9488 (Cont.) Appendix F – Hazard Rankings Appendix I - Fire Protection Systems-Noncompliant Conditions One copy of said Code shall be filed in the office of the City Clerk as provided by law. §16-3. International Fire Code (IFC); Sections And Chapters Not Adopted It is especially provided that the following chapters, sections, and/or portions of the International Fire Code adopted pursuant to Section 16-1 above, are not adopted or approved, and the same shall be of no force and effect in accordance with state statutes: Section 105 – Permits Section 108 – Board of Appeals Chapter 11 – Construction Requirements for Existing Buildings Chapter 6138 – Liquefied Petroleum Gases Appendix A – Board of Appeals Appendix G – Cryogenic Fluids – Weight and Volume Equivalents §16-3.1. IFC – Amendment of Section 102.3 Repealed Section 102.3 of the International Fire Code is hereby amended to read as follows: 102.3 Change of use or occupancy. The provisions of the International Building Code shall apply to all buildings undergoing a change of occupancy. §16-3.2. IFC – Amendment of Section 102.4 Repealed Section 102.4 of the International Fire Code is hereby amended to read as follows: 102.4 Application of building code. The design and construction of new structures shall comply with the International Building Code. Repairs, alterations and additions to existing structures shall comply with the International Building Code. §16-3.3. IFC – Amendment of Section 102.5 Repealed Section 102.5 of the International Fire Code is hereby amended to read as follows: 102.5 Historic buildings. The construction, alteration, repair, enlargement, restoration, relocation or movement of existing buildings or structures that are designated as historic buildings when such buildings or structures do not constitute a distinct hazard to life or property shall be in accordance with the provisions of the International Building Code. §16-3.41. IFC – Amendment of Section 109.43 Section 109.43 of the International Fire Code is hereby amended to read as follows: 109.43 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties as prescribed by law. Each day that a violation continues after due notice has been served shall be deemed a separate offense. §16-3.2. IFC – Amendment of Chapter 2 Definitions Definition of Residential Group R-3, subsection Care Facilities Within a Dwelling, of the International Fire Code is hereby amended to read as follows: Grand Island Council Session - 5/27/2014 Page 66 / 366 ORDINANCE NO. 9488 (Cont.) Care facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code. §16-6. Fire Alarm System; Tampering Repealed Any person who shall in any manner break, mar, or without authority tamper with or in any manner interfere with any of the poles, wires, fire alarm boxes, fixtures, apparatus or machinery belonging or appertaining to the fire alarm system in the city or who shall mutilate or destroy any notices or printed, written or partly printed and partly written matter that may be posted up relating to the same shall be deemed guilty of a misdemeanor. §16-7. Fire Alarm Systems; Keys Repealed Any person who shall make or cause to be made any duplicate of any key belonging or in any manner pertaining to the City fire alarm system without first having obtained the permission of the city council shall be deemed guilty of a misdemeanor. §16-8. False Alarms Any person who shall activate cause any fire alarm system to be struck knowing such alarm to be false without the permission of the mayor or chief of the fire department shall be deemed guilty of a misdemeanor. Article II. Fireworks §16-13. Permit to Sell Fireworks It shall be unlawful for any person to sell or offer for sale permissible fireworks in the City without first making application to the Fire Administration Office (City Hall) for a permit and receiving a permit to do so from the Life Safety Division. Beginning in 2013, such Permits shall require that applicants disclose any location within the geographic boundaries of the City where they are storing fireworks for sale. Beginning in 2013 such Permits shall require applicants to offer proof of a valid liability insurance policy of at least one million dollars ($1,000,000.00) naming the City as an additional insured party. This policy must be in full force and effect for the entire period of lawful fireworks sales as set forth in §16-15. Such permits shall be in accordance with the City of Grand Island Fee Schedule and shall be valid for the calendar year in which issued, and shall at all times be displayed at the place of business of the holder thereof. Such permits shall not be transferable. §16-15. Dates and Times of Lawful Sale Permissible fireworks may be sold or offered for sale in the City of Grand Island on June 287 through and including July 4 of each year. Beginning in 2013 and each year thereafter permissible fireworks may be sold or offered for sale in the City of Grand Island on June 28 through and including July 4. Beginning in 2013 Ppermissible fireworks may only be sold during the following times: Grand Island Council Session - 5/27/2014 Page 67 / 366 ORDINANCE NO. 9488 (Cont.) June 28 through July 2 – 8:00 a.m. to 10:00 p.m. July 3 – 8:00 a.m. to 11:00 p.m. July 4 – 8:00 a.m. to midnight §16-16. Temporary Fireworks Stands Any person having obtained a permit to sell permissible fireworks may sell or offer for sale such fireworks only from a temporary stand or enclosure erected or placed on real estate for that purpose. No fireworks shall be sold from permanent buildings or structures in the City. If fireworks are to be sold from a temporary stand or enclosure, such stand or enclosure shall be of wood or steel frame construction covered with metal or wood. Any temporary enclosure or stand shall be permitted only in those areas of the City zoned for business or manufacturing, and only after a permit is obtained from the Life Safety Division for the erection or placement of such temporary enclosures or stands. Such temporary enclosures or stands shall be permitted to remain on real estate where permissible fireworks are sold for only the period beginning on June 22 through and including July 9 of each year. Any such temporary stand or enclosure shall not be located closer than twenty-five feet from any building, and at least one hundred feet from any station where gasoline and oil for motor vehicles is sold. Such temporary stand or enclosure shall not exceed five hundred square feet in size. Such temporary enclosures shall only be permitted as an accessory to a permitted principal use on improved property, no vacant lots shall be utilized for sale of fireworks. Temporary stands with customer openings adjacent to a public street or sidewalk shall maintain a ten (10) foot setback to protect customers from traffic on the adjacent street or sidewalk. §16-16.1. Signage Required Smoking shall not be permitted inside or within 50 feet of the temporary fireworks stand or sales area. At least one sign that reads as follows, in letters at least 2 inches in height on a contrasting background, shall be conspicuously posted on the exterior of each side of the fireworks stand: NO SMOKING WITHIN FIFTY FEET OR DISCHARGE OF FIREWORKS WITHIN THREE HUNDRED FEET OF THE PREMISES In addition to the "no smoking" sign, at least one sign, 2 foot by 3 foot in size, on a contrasting background, shall be posted on the exterior of the fireworks stand that reads as follows: THE GRAND ISLAND CITY CODE ALLOWS FIREWORKS TO BE DISCHARGED ONLY ON THE FOLLOWING DATES AND TIMES: June 27 through July 3 – 8:00 a.m. to 11:00 p.m. July 4 – 8:00 a.m. to midnight Beginning in 2013 and each year thereafter the language of the sign listed immediately above shall be altered to read as follows: Grand Island Council Session - 5/27/2014 Page 68 / 366 ORDINANCE NO. 9488 (Cont.) THE GRAND ISLAND CITY CODE ALLOWS FIREWORKS TO BE DISCHARGED ONLY ON THE FOLLOWING DATES AND TIMES: June 28 through July 2 – 8:00 a.m. to 10:00 p.m. July 3 – 8:00 a.m. to 11:00 p.m. July 4 – 8:00 a.m. to midnight §16-22. Discharge of Fireworks Permissible fireworks may be discharged, exploded, or used in the City of Grand Island on June 287 through and including July 4 of each year; provided that on such days the discharge and explosion of fireworks shall be permitted during the following times: June 27 through July 3………………. 8 a.m. to 11 p.m. July 4……………...…………………. 8 a.m. to midnight Beginning in 2013 and each year thereafter, the following fireworks and discharge schedule shall be in effect: June 28 through July 2 ……………………… 8:00 a.m. to 10:00 p.m. July 3 ……………………………………….. 8:00 a.m. to 11:00 p.m. July 4 ………………………………………… 8:00 a.m. to midnight The discharge of fireworks within the City of Grand Island on any dates or times other than as set out in this section shall require a permit from the Life Safety Division. Public exhibition applications shall be accompanied by documentation of a display license issued by the State Fire Marshal. Private party display applications will not require a State Fire Marshal license, but displays will be limited to permissible fireworks as described in §16-20 of this Article. Applicant shall also show that there will not be any substantial danger to people or property. Factors that will be considered when reviewing an application will include, but not be limited to, where the fireworks will be discharged, the procedures used to discharge the fireworks and the qualifications of the individuals discharging the fireworks. SECTION 2. Article VII, Sections 16-31 and 16-32 is hereby added to the Grand Island City Code to read as follows: Article VII. Home Day Care §16-31. Definition and Scope For purposes of this section, Home Day Care shall be defined by NFPA 101 (Life Safety Code). §16-32. Life Safety Inspection and Occupancy Permit For a new Home Day Care service, an application for occupancy shall be requested by owner of record. Only after a fire code official has conducted associated inspections indicating Grand Island Council Session - 5/27/2014 Page 69 / 366 ORDINANCE NO. 9488 (Cont.) the applicable provisions of the life and fire safety codes have been met shall new home day care services be permitted and or conducted. SECTION 3. The foregoing sections of Chapter 16 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 4. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 5. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 27, 2014. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 70 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item F-2 #9489 - Consideration of Approving Bond Anticipation Notes for Street Improvement Districts Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 5/27/2014 Page 71 / 366 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:May 27, 2014 Subject:Approving Bond Anticipation Notes Webb Road Street Improvement District No. 1260 and Westgate Road Paving District No. 1261 Item #’s:F-2 Presenter(s):Jaye Monter, Finance Director Bruce Lefler-Ameritas Investment Corp. Background Street Improvement District No. 1260 was created by the City Council on February 12, 2013. On April 9, 2013, resolution 2013-107 approved the continuation of such street improvement district. On March 11, 2014, resolution 2014-53 awarded the construction contract to Diamond Engineering Company for $1,361,451.80. The District consists of South Webb Road extending north from Stolley Park Road to the Union Pacific Railroad tracks. The project consists of widening the roadway from 24’ to 41’ for a 3-lane section with improved drainage and elimination of the ditch section. This project was estimated at $1.7 million total project costs (including engineering, construction, construction testing and services, etc.) and would be assessed to adjacent property owners. Street Improvement District No. 1261 was created by the City Council on April 23, 2013. On May 28, 2013, resolution 2013-156 approved the continuation of such street improvement district. On March 11, 2014, resolution 2014-54 awarded the construction contract to Diamond Engineering Company for $510,539.96. The District will consist of Westgate Road extending east from North Road to the existing hard surface portion of Westgate Road. This area was platted in November 1987. The project would consist of paving, as well as connecting the initial phase of the Moores Creek Drainway to this area and eliminating the ditch section. The total project was estimated at $580,000.00 (including construction, engineering, construction testing and services, etc.) and would be assessed to adjacent property owners. All property owners in this proposed district signed the district creation petition form. Grand Island Council Session - 5/27/2014 Page 72 / 366 Creatiion Ordinance # Construction Contract Engineering City Staff Engineering Total 9420 Webb Rd SID #1260 1,361,451.80$ 127,700.00$ 147,108.75$ 1,636,260.55$ 9427 Westgate Rd SID #1261 510,539.96$ 58,574.05$ -$ 569,114.01$ 2,205,374.56$ Discussion During the 2013-2014 Budget as noted on page 92 of the Budget Summary III book along with continued discussion of bond financing options at the March 11, 2014 Council meeting for these two street improvement districts, Bond Anticipation Notes (BANs) will be issued in the amount of $2,230,000 allowing for the funding of the project expenses at short term interest rates, for a two year term. In today’s environment, the interest rates on the BANs should be less than 0.50%. State statutes require that the permanent financing for Street Improvement and Paving projects cannot be put in place until the Certificate of Substantial Completion be obtained from the engineer. After the project is complete and any assessments have been levied, the permanent financing will be put into place to redeem the outstanding BANs. The permanent financing will be sized to include paid special assessments which will reduce the final bond size. 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 issuance of Bond Anticipation Notes in the amount of $2,230,000. Sample Motion Move to approve the issuance of Bond Anticipation Notes in the amount of $2,230,000. Grand Island Council Session - 5/27/2014 Page 73 / 366 1 ORDINANCE NO. 9489 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, SERIES 2014, OF THE CITY OF GRAND ISLAND, NEBRASKA, OF THE PRINCIPAL AMOUNT OF NOT TO EXCEED TWO MILLION TWO HUNDRED THIRTY THOUSAND DOLLARS ($2,230,000) FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR A PORTION OF THE COSTS OF CONSTRUCTING IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 1260 AND STREET IMPROVEMENT DISTRICT NO. 1261 PENDING THE ISSUANCE OF PERMANENT GENERAL OBLIGATION BONDS; PRESCRIBING THE FORM OF SAID NOTES; AGREEING TO ISSUE GENERAL OBLIGATION BONDS TO PAY THE NOTES AT MATURITY OR TO PAY THE NOTES FROM OTHER AVAILABLE FUNDS; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID NOTES; AND ORDERING THIS ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Section 1.The Mayor and City Council hereby find and determine: (a) That by Ordinance Nos. 9420 and 9421 of the City heretofore adopted, Street Improvement District No. 1260 and Street Improvement District No. 1261 have heretofore been created; (b) That for certain street and related improvements in Street Improvement District Nos. 1260 and 1261, the engineers of the City have prepared estimates for the cost of construction of the improvements in the aforesaid Districts, have taken bids for the project and contracts have been let in the approximate amount of $1,871,990, design and engineering costs of approximately $333,382 will be incurred, plus costs of issuance and underwriting and a portion of interest to accrue on said notes during construction estimated at a net amount of $24,628, for total estimated costs of $2,230,000; that the construction of the aforesaid improvements is expected to be completed by November 1, 2015; (c) That it is necessary for the City to have funds available to meet its payment obligations under the terms of contracts for the cost of the improvements to be constructed relative to the aforesaid improvement districts and to meet its obligations to provide interim financing therefor, it is necessary and advisable that the City now issue its notes in the principal amount of not to exceed $2,230,000 pending permanent financing pursuant to Sections 16-623 and 16-626 R.R.S. Neb. 2012, and other applicable Sections; that the City has authority under Section 10-137, R.R.S. Neb. 2012 to issue notes for the purpose of providing interim financing for the construction of said improvements, including a portion of the interest Grand Island Council Session - 5/27/2014 Page 74 / 366 2 to accrue on such notes and the costs of issuance thereof, all as set out above; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of Bond Anticipation Notes, Series 2014, in the amount of not to exceed $2,230,000, to pay a portion of the costs of the aforesaid improvements, the costs of issuance of said notes and a portion of the interest to accrue on said notes, do exist and have been done as required by law. Section 2.For the purpose of providing interim financing for the costs set out in Section 1 pending the issuance of permanent general obligation various purpose bonds by the City of Grand Island, there shall be and there are hereby ordered issued bond anticipation notes of the City of Grand Island, Nebraska, to be known as "Bond Anticipation Notes, Series 2014" of the aggregate principal amount of not to exceed Two Million Two Hundred Thirty Thousand Dollars ($2,230,000) (herein referred to as the "Notes" or the "notes"), consisting of fully registered notes numbered from 1 upwards in the order of issuance, in the denomination of $5,000 each, or integral multiples thereof; said Notes shall bear as date of original issue their date of delivery, each of said Notes shall mature on such date, shall bear interest at the rate or rates per annum and be issued in such principal amount as shall be determined in a written designation (the “Designation”) signed by the Mayor or City Treasurer/Finance Director of the City (the “Authorized Officers”) on behalf of the City Council of the City and which may be agreed to by Ameritas Investment Corp. (the “Underwriter”), which Designation may also determine or modify pricing terms as set forth in Section 6 below, all within the following limitations: (a)the aggregate principal amount of the Notes shall not exceed $2,230,000; (b)the aggregate amount of original issue premium and original issue discount (if any) may result in an aggregate net original issue discount (if any) not in excess of one percent (1.00%) of the stated principal amount of the Notes; (c)the maturity of the Notes may not be later than July 1, 2016; (d)the true interest cost of the Notes shall not exceed 1.50%; The Authorized Officers (or any one of them) are hereby authorized to make such determinations on behalf of the City Council and to evidence the same by execution and delivery of the Designation and such determinations, when made and agreed to by the Underwriter, shall constitute the action of the City Council without further action of the City Council. Grand Island Council Session - 5/27/2014 Page 75 / 366 3 Interest on the Notes shall be payable semiannually on May 15 and November 15 of each year, commencing November 15, 2014 (or such other dates as may be determined in the Designation, each of said dates an "Interest Payment Date") and the Notes shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the fifteenth day immediately preceding the Interest Payment Date (the "Record Date"), subject to the provisions of Section 4 hereof. The Notes shall be numbered from 1 upwards in the order of their issuance. No Note shall be issued originally or upon transfer or partial redemption having more than one principal maturity. Also provided, however, the City reserves the right to redeem any or all of said notes prior to maturity anytime on or after May 15, 2015 (or such other redemption date as may be determined in the Designation), upon not less than thirty days written notice, at par and accrued interest to the date fixed for redemption. Such notice of call for redemption shall be sufficient if it has been sent to a registered holder of said note or notes by first class mail addressed to the registered address of said registered holder. If less than all of the notes are called and redeemed, such notes shall be called in increments of $5,000 or integral multiples thereof. If less than all of the principal amount of any outstanding note is called for redemption, in such case upon the surrender of such note called for payment, there shall be issued to the registered owner of said note, without charge therefor, a registered note or notes for the unpaid principal balance in any of the authorized denominations authorized by this ordinance. The principal of said notes and any interest due on said notes upon maturity or earlier call for redemption shall be payable at the corporate office of Cornerstone Bank, in York, Nebraska, as Paying Agent and Registrar, upon presentation and surrender of the note or notes when due or when called for payment prior to maturity. Section 3.The Cornerstone Bank, in York, Nebraska, is hereby designated as Paying Agent and Registrar for the Bond Anticipation Notes herein ordered issued and is hereby authorized to make payments of interest and principal from funds available for such purposes as provided herein as the same fall due. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Notes. The names and registered addresses of the registered owner or owners of the Notes Grand Island Council Session - 5/27/2014 Page 76 / 366 4 shall at all times be recorded in such books. Any Note may be transferred pursuant to its provisions by said Paying Agent and Registrar by surrender of such Note for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner’s duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new note or notes of the same series, interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the notes by this ordinance, one note may be transferred for several such notes of the same series, interest rate and maturity, and for a like aggregate principal amount, and several such notes may be transferred for one or several such notes, respectively of the same series, interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a note, the surrendered note shall be cancelled and destroyed. All notes issued upon transfer of the notes so surrendered shall be valid obligations of the City evidencing the same obligations as the notes surrendered and shall be entitled to all the benefits and protection of this ordinance to the same extent as the notes upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any note called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 4.Said Notes shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. Section 5.Said notes shall be substantially in the following form: Grand Island Council Session - 5/27/2014 Page 77 / 366 5 UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL BOND ANTICIPATION NOTE OF THE CITY OF GRAND ISLAND, NEBRASKA SERIES 2014 No. R-1 Interest Rate Maturity Date Date of Original Issue CUSIP _____%__________ __, 20____________ __, 2014 ______ ___ Registered Owner:Cede & Co. 13-2555119 Principal Amount:____________________ THOUSAND DOLLARS ($_______) KNOW ALL PERSONS BY THESE PRESENTS: That the City of Grand Island, in the County of Hall, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner shown above and as shown on the registration books of the City on the maturity date shown above, the principal amount shown above in lawful money of the United States of America with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable semiannually on May 15 and November 15 of each year, commencing November 15, 2014 (each of said dates an "Interest Payment Date"). Said interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The principal of this note and any interest due upon maturity or earlier call for redemption are payable at the corporate office of Cornerstone Bank, as Paying Agent and Registrar, in York, Nebraska, upon presentation and surrender of the note when due or when called for payment prior to maturity. This note is redeemable at the option of the City prior to maturity at any time on or after May 15, 2015 at par and accrued interest to date fixed for redemption. Notice of call of any note for redemption prior to maturity shall be sufficient if given in writing and mailed by first class mail, postage prepaid, to the registered owner at the address shown on the note register not less than thirty days prior to the date fixed for redemption. This note is one of an issue of notes numbered from 1 upwards in order of issuance, of the total principal amount of ________________________________________________ ($_________) in the denomination of $5,000 or integral multiples thereof, of even date and like tenor herewith, issued by the City of Grand Island for the purpose of providing interim financing to pay a portion of the cost of improvements in Street Improvement District No.1260 and Street Improvement District No. 1261, including the cost of issuance of said notes and a portion of the interest to accrue on said notes, pending the issuance of permanent general obligation bonds. The issuance of this note and the other notes of this issue has been lawfully authorized by ordinance duly passed, signed and published by the Mayor and City Council of said City in strict compliance with Sections 16-623, 16-626 and 10-137, R.R.S. Neb. 2012, and all other applicable laws. The City agrees that the principal and interest of this note shall be payable from the proceeds of the issuance and sale of its general obligation bonds, the issuance and sale of its bond anticipation notes, or from other monies of the City lawfully available for such purposes. Grand Island Council Session - 5/27/2014 Page 78 / 366 6 The City reserves the right to issue additional bond anticipation notes for the purpose of paying the balance of the costs of the projects financed in part by this issue of notes or of other improvement projects of the City, for the purpose of refunding the notes of this issue at or prior to maturity and for the purpose of paying for additional improvements for the City. The ordinance under which these notes are issued constitutes an irrevocable contract between the City and the holders of all of said notes and said contract cannot be changed or altered without the written consent of the holders of seventy-five percent (75%) in principal amount of the notes of this series then outstanding. AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINA- TION OF THE SYSTEM OF BOOK-ENTRY-ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE, "DTC"), AND NOTWITH- STANDING ANY OTHER PROVISIONS OF THE ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS NOTE MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS NOTE MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE. UNLESS THIS NOTE IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A) TO THE REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE REGISTRAR FOR PAYMENT OF PRINCIPAL, AND ANY NOTE ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION HEREFOR IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN. This note shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this note did exist, did happen and were done and performed in regular and due form and time as provided by law. IN WITNESS WHEREOF the Mayor and Council of the City of Grand Island, Nebraska, have caused this note to be executed on behalf of the City with the manual or facsimile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be impressed or imprinted hereon, all as of the date of original issue specified above. Grand Island Council Session - 5/27/2014 Page 79 / 366 7 CITY OF GRAND ISLAND, NEBRASKA ___________________________________ Mayor ATTEST: __________________________________ City Clerk (SEAL) CERTIFICATE OF AUTHENTICATION This note is one of the notes of the issue designated therein and issued under the provisions of the ordinance authorizing said issue. CORNERSTONE BANK YORK, NEBRASKA Paying Agent and Registrar ____________________________________ Authorized Signature (Form of Assignment) For value received ________________________________________________ hereby sells, assigns and transfers unto ______________________________________ the within mentioned note and hereby irrevocably constitutes and appoints _____________________________________________, attorney, to transfer the same on the books of registration in the office of the within-in mentioned Paying Agent and Registrar with full power of substitution in the premises. Dated: ______________________________ ______________________________ ______________________________ Registered Owner(s) Witness: _________________________________________ Note:The signature of this assignment must correspond with the name as written on the face of the within-mentioned note in every particular, without alteration, enlargement or any change whatsoever. Grand Island Council Session - 5/27/2014 Page 80 / 366 8 Section 6.Each of the Notes shall be executed on behalf of the City with the manual or facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal (which may be a facsimile seal). The Notes shall be issued initially as "book-entry-only" notes using the services of The Depository Trust Company (“DTC”), with one typewritten note certificate per maturity being issued to DTC. In such connection, said officers are authorized to execute and deliver a Letter of Representations in the form required by DTC (including any blanket letter previously executed and delivered by the City), for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the Notes. Upon the issuance of the Notes as "book- entry-only" notes, the following provisions shall apply: (a)The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which the Depository holds Notes as securities depository (each, a "Bond Participant") or to any person who is an actual purchaser of a Note from a Bond Participant while the Notes are in book-entry form (each, a "Beneficial Owner") with respect to the following: (i)the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the Notes, (ii)the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Notes, including any notice of redemption, or (iii)the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Notes. The Paying Agent and Registrar shall make payments with respect to the Notes only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Notes to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Note, except as provided in (e) below. (b)Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Notes requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the Notes or (ii) to make available Notes registered in whatever name or names the Beneficial Owners transferring or exchanging such Notes shall designate. Grand Island Council Session - 5/27/2014 Page 81 / 366 9 (c)If the City determines that it is desirable that certificates representing the Notes be delivered to the Bond Participants and/or Beneficial Owners of the Notes and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of note certificates representing the Notes. In such event, the Paying Agent and Registrar shall issue, transfer and exchange note certificates representing the Notes as requested by the Depository in appropriate amounts and in authorized denominations. (d)Notwithstanding any other provision of this Ordinance to the contrary, so long as any Note is registered in the name of the Depository or any nominee thereof, all payments with respect to such Note and all notices with respect to such Note shall be made and given, respectively, to the Depository as provided in the Letter of Represen- tations. (e)Registered ownership of the Notes may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Notes may be delivered in physical form to the following: (i)any successor securities depository or its nominee; (ii)any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section. (f)In the event of any partial redemption of a Note unless and until such partially redeemed Note has been replaced in accordance with the provisions of this Ordinance, the books and records of the Paying Agent and Registrar shall govern and establish the principal amount of such Note as is then outstanding and all of the Notes issued to the Depository or its nominee shall contain a legend to such effect. If for any reason the Depository resigns and is not replaced, the City shall immediately provide a supply of printed note certificates for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement Notes upon transfer or partial redemption, the City agrees to order printed an additional supply of certificates and to direct their execution by manual or facsimile signature of its then duly qualified and acting Mayor and City Clerk of such City. In case any officer whose signature or facsimile thereof shall appear on any Note shall cease to be such officer before the delivery of such Note (including any note certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of such Note. The Notes shall not be valid and binding on the Grand Island Council Session - 5/27/2014 Page 82 / 366 10 City until authenticated by the Paying Agent and Registrar. The City Treasurer shall cause the Notes to be registered and authenticated. Upon execution, registration and authentication of the Notes, the City Treasurer is authorized to deliver them to Ameritas Investment Corp., as the initial purchaser thereof, upon receipt of 99.10% of the principal amount of the Notes (or such other amount as may be determined in the Designation) plus accrued interest thereon to date of payment for the Notes. Said initial purchaser shall have the right to direct the registration of the Notes and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The Mayor is hereby authorized to execute the Note Purchase Agreement with respect to the Notes. Section 7.The City covenants and agrees that it will take all steps required to complete the improvements described in Section 1 hereof in a manner to allow it to issue and sell its various purpose bonds or other bonds. The City further covenants and agrees to issue and sell its various purpose bonds or other bonds in a sufficient amount and at such times as will enable it to take up and pay off the bond anticipation notes herein ordered issued, both principal and interest, at or prior to maturity, to the extent not paid from other sources. Section 8.The City hereby reserves the right to issue additional bond anticipation notes for the purpose of paying the balance of the cost of the projects of the City set out in Section 1 hereof, for the purpose of refunding the Notes herein ordered issued at or prior to maturity or for the purpose of paying for additional improvements for the City. Section 9.The City Clerk shall make and certify a complete transcript of the proceedings had and done by said City precedent to the issuance of said Notes which shall be delivered to the purchaser of the Notes. After being executed by the Mayor and Clerk said Notes shall be delivered to the City Treasurer who shall be responsible therefor under her official bond. The City Treasurer is authorized and directed to deliver said Notes to the purchaser upon receipt of payment of the purchase price in accordance with the contract of the City with said purchaser. Section 10.The City hereby covenants to the purchasers and holders of the Notes that it will make no use of the proceeds of said Notes issue, including money held in any sinking fund attributable to said Notes which would cause the Notes to be arbitrage bonds within the meaning of the Internal Revenue Grand Island Council Session - 5/27/2014 Page 83 / 366 11 Code of 1986, as amended, and further covenants and agrees to take all actions necessary under current federal law to maintain the tax-exempt status (as to taxpayers generally) of interest payable on the Notes. The City hereby authorizes the Mayor or City Treasurer to designate the Notes as its “qualified tax- exempt obligations” under Section 265(b)(3)(B)(i)(III) of the Internal Revenue Code of 1986, as amended, and provide such covenants and warranties as determined necessary or appropriate in connection therewith. Section 11.If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance. Section 12.All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of said conflict hereby repealed. Section 13.The City hereby (a) authorizes and directs that a Mayor, Treasurer or Clerk execute and deliver, on the date of issue of the Notes, a continuing disclosure undertaking in accordance with the requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission (the “Rule”) in such form as determined necessary and appropriate by such Mayor, Treasurer or Clerk (the “Continuing Disclosure Undertaking”) and (b) covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Undertaking. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Undertaking shall not be considered an event of default hereunder; however, any Participating Underwriter (as such term is defined in the Continuing Disclosure Undertaking) or any Beneficial Owner or any Registered Owner of a Note (as such terms are defined in the Continuing Disclosure Undertaking) may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the City to comply with its obligations under this section, and under the Continuing Disclosure Undertaking. Section 14.The Preliminary Official Statement with respect to the Notes is hereby approved. The City Council hereby authorizes the Mayor and City Clerk (or either of them) to approve a Preliminary Official Statement with respect to the Notes and the information therein contained, and the Mayor and City Clerk (or either of them) are authorized to approve and deliver a final Official Statement Grand Island Council Session - 5/27/2014 Page 84 / 366 12 for and on behalf of the City, and said final Official Statement shall be delivered in accordance with the Rule. Section 15.In order to promote compliance with certain federal tax and securities laws relating to the Notes herein authorized (as well as other outstanding bonds) the policy and procedures attached hereto as Exhibit “A” (the “Post-Issuance Compliance Policy and Procedures”) are hereby adopted and approved in all respects. To the extent that there is any inconsistency between the attached Post-Issuance Compliance Policy and Procedures and any similar policy or procedures previously adopted and approved, the Post-Issuance Compliance Policy and Procedures shall control. Section 16.This Ordinance shall be published in pamphlet form as provided by law. This Ordinance shall take effect immediately upon its publication in pamphlet form. PASSED AND APPROVED this 27th day of May, 2014. ______________________________ Mayor ATTEST: ________________________________ City Clerk [SEAL] Grand Island Council Session - 5/27/2014 Page 85 / 366 13 EXHIBIT “A” Policy and Procedures Federal Tax Law and Disclosure Requirements for Tax-exempt Bonds and/or Build America Bonds ISSUER NAME:The City of Grand Island, in the State of Nebraska COMPLIANCE OFFICER (BY TITLE):City Treasurer/Finance Director POLICY It is the policy of the Issuer identified above (the “Issuer”) to comply with all Federal tax requirements and securities law continuing disclosure obligations for its obligations issued as tax-exempt bonds (or as direct pay build America bonds, as applicable) to ensure, as applicable (a) that interest on its tax-exempt bonds remains exempt from Federal income tax, (b) that the direct payments associated with its bonds issued as “build America bonds” are received by the Issuer in a timely manner and (c) compliance with any continuing disclosure obligations of the Issuer with respect to its outstanding bonds. PROCEDURES Compliance Officer. Review of compliance with Federal tax requirements and securities law continuing disclosure obligations as generally outlined below shall be conducted by the Compliance Officer identified above (the “Compliance Officer”). To the extent more than one person has been delegated specific responsibilities, the Compliance Officer shall be responsible for ensuring coordination of all compliance review efforts. Training. The Compliance Officer shall evaluate and review educational resources regarding post-issuance compliance with Federal tax and securities laws, including periodic review of resources published for issuers of tax-exempt obligations by the Internal Revenue Service (either on its website at http://www.irs.gov/taxexemptbond, or elsewhere) and the Municipal Securities Rulemaking Board (either on its Electronic Municipal Market Access website [“EMMA”] at http://www.emma.msrb.org, or elsewhere). Compliance Review. A compliance review shall be conducted at least annually by or at the direction of the Compliance Officer. The review shall occur at the time the Issuer’s annual audit takes place, unless the Compliance Officer otherwise specifically determines a different time period or frequency of review would be more appropriate. Scope of Review. Document Review. At the compliance review, the following documents (the “Bond Documents”) shall be reviewed for general compliance with covenants and agreements and applicable regulations with respect to each outstanding bond issue: (a)the resolution(s) and/or ordinance(s), as applicable, adopted by the governing body of the Issuer authorizing the issuance of its outstanding bonds, together with any documents setting the final rates and terms of such bonds (the “Authorizing Proceedings”), (b)the tax documentation associated with each bond issue, which may include some or all of the following (the “Tax Documents”): (i)covenants, certifications and expectations regarding Federal tax requirements which are described in the Authorizing Proceedings; (ii)Form 8038 series filed with the Internal Revenue Service; (iii)tax certificates, tax compliance agreements, tax regulatory agreement or similar documents; (iv)covenants, agreements, instructions or memoranda with respect to rebate or private use; (v)any reports from rebate analysts received as a result of prior compliance review or evaluation efforts; and (vi)any and all other agreements, certificates and documents contained in the transcript associated with the Authorizing Proceedings relating to federal tax matters. (c)the Issuer’s continuing disclosure obligations, if any, contained in the Authorizing Proceedings or in a separate agreement (the “Continuing Disclosure Obligations”), and Grand Island Council Session - 5/27/2014 Page 86 / 366 14 (d)any communications or other materials received by the Issuer or its counsel, from bond counsel, the underwriter or placement agent or its counsel, the IRS, or any other material correspondence relating to the tax-exempt status of the Issuer’s bonds or relating to the Issuer’s Continuing Disclosure Obligations. Use and Timely Expenditure of Bond Proceeds. Expenditure of bond proceeds shall be reviewed by the Compliance Officer to ensure (a) such proceeds are spent for the purpose stated in the Authorizing Proceedings and as described in the Tax Documents and (b) that the proceeds, together with investment earnings on such proceeds, are spent within the timeframes described in the Tax Documents, and (c) that any mandatory redemptions from excess bond proceeds are timely made if required under the Authorizing Proceedings and Tax Documents. Arbitrage Yield Restrictions and Rebate Matters. The Tax Documents shall be reviewed by the Compliance Officer to ensure compliance with any applicable yield restriction requirements under Section 148(a) of the Internal Revenue Code (the “Code”) and timely calculation and payment of any rebate and the filing of any associated returns pursuant to Section 148(f) of the Code. A qualified rebate analyst shall be engaged as appropriate or as may be required under the Tax Documents. Use of Bond Financed Property. Expectations and covenants contained in the Bond Documents regarding private use shall be reviewed by the Compliance Officer to ensure compliance. Bond-financed properties shall be clearly identified (by mapping or other reasonable means). Prior to execution, the Compliance Officer (and bond counsel, if deemed appropriate by the Compliance Officer) shall review (a) all proposed leases, contracts related to operation or management of bond-financed property, sponsored research agreements, take-or-pay contracts or other agreements or arrangements or proposed uses which have the potential to give any entity any special legal entitlement to the bond-financed property, (b) all proposed agreements which would result in disposal of any bond- financed property, and (c) all proposed uses of bond-financed property which were not anticipated at the time the bonds were issued. Such actions could be prohibited by the Authorizing Proceedings, the Tax Documents or Federal tax law. Continuing Disclosure. Compliance with the Continuing Disclosure Obligations with respect to each bond issue shall be evaluated (a) to ensure timely compliance with any annual disclosure requirement, and (b) to ensure that any material events have been properly disclosed as required by the Continuing Disclosure Obligation. Record Keeping. If not otherwise specified in the Bond Documents, all records related to each bond issue shall be kept for the life of the indebtedness associated with such bond issue (including all tax-exempt refundings) plus six (6) years. Incorporation of Tax Documents. The requirements, agreements and procedures set forth in the Tax Documents, now or hereafter in existence, are hereby incorporated into these procedures by this reference and are adopted as procedures of the Issuer with respect to the series of bonds to which such Tax Documents relate. Consultation Regarding Questions or Concerns. Any questions or concerns which arise as a result of any review by the Compliance Officer shall be raised by the Compliance Officer with the Issuer’s counsel or with bond counsel to determine whether non- compliance exists and what measures should be taken with respect to any non-compliance. VCAP and Remedial Actions. The Issuer is aware of (a) the Voluntary Closing Agreement Program (known as “VCAP”) operated by the Internal Revenue Service which allows issuers under certain circumstances to voluntarily enter into a closing agreement in the event of certain non-compliance with Federal tax requirements and (b) the remedial actions available to issuers of certain bonds under Section 1.141-12 of the Income Tax Regulations for private use of bond financed property which was not expected at the time the bonds were issued. Grand Island Council Session - 5/27/2014 Page 87 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item F-3 #9490 - Consideration of Amending Salary Ordinance Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 5/27/2014 Page 88 / 366 Council Agenda Memo From:Brenda Sutherland, Human Resources Director Meeting:May 27, 2014 Subject:Consideration of Salary Ordinance No. 9490 Item #’s:F-3 Presenter(s):Brenda Sutherland, Human Resources Director Background Wages for City employees are presented to the City Council for approval in the form of a salary ordinance. The salary ordinance presented represents the proposed changes in the Finance Department. Discussion Finance Director Monter has proposed eliminating the Utilities Service Manager position and replacing it with Finance Operations Manager. The new position will have a salary range of $42,432.00 - $60,000.10. This change will result in a savings of more than $20,000 per year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve proposed Salary Ordinance No. 9490. Sample Motion Move to approve Salary Ordinance No. 9490. Grand Island Council Session - 5/27/2014 Page 89 / 366 Approved as to Form ¤ ___________ May 22, 2014 ¤ City Attorney ORDINANCE NO. 9490 An ordinance to amend Ordinance 9467 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to amend the salary range of Life Safety Inspector; to move the position Shift Commander from non- union to the IAFF labor agreement; to correct the salary range of Public Information Officer; to rename the non-union position of Manager of Engineering Services to Assistant Public Works Director/Manager of Engineering Services remove the position and salary range of Utility Services Manager; to add the position and salary range of Finance Operations Supervisor; and to repeal those portions of Ordinance No. 9467 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 22.4279/32.0978 Exempt Accounting Technician – Solid Waste 16.5408/21.4897 40 hrs/week Assistant to the City Administrator 21.8156/30.7100 Exempt Assistant Public Works Director/Manager of Engineering Services 32.3969/48.2211 Exempt Assistant Utilities Director – Distribution 44.4396/62.7001 Exempt Grand Island Council Session - 5/27/2014 Page 90 / 366 ORDINANCE NO. 9490 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Assistant Utilities Director – Production 48.1230/67.9215 Exempt Assistant Utilities Director – Transmission 48.1230/67.9215 Exempt Attorney 27.9079/43.0605 Exempt Biosolids Technician 17.6851/26.0771 40 hrs/week Building Department Director 32.6923/47.7958 Exempt CADD Operator 20.0830/28.8903 40 hrs/week Cemetery Superintendent 19.9551/28.4283 Exempt City Administrator 58.3875/77.1429 Exempt City Attorney 39.5085/56.9666 Exempt City Clerk 24.6251/34.9120 Exempt Civil Engineer I 27.0775/38.0973 Exempt Civil Engineer II 31.4068/44.1455 Exempt Civil Engineering Manager – Utility PCC 34.2076/49.7904 Exempt Collection System Supervisor 22.4072/31.8516 40 hrs/week Community Service Officer 13.1859/18.0971 40 hrs/week Crime Analyst 17.8982/25.4093 40 hrs/week Custodian – Library, Police 12.0836/17.0518 40 hrs/week Customer Service Representative – Part time 8.6349/12.9524 40 hrs/week Electric Distribution Superintendent 34.0545/46.6736 Exempt Electric Distribution Supervisor 28.7582/39.4378 40 hrs/week Electric Underground Superintendent 30.3276/41.5738 Exempt Electrical Engineer I 27.0775/38.0973 Exempt Electrical Engineer II 31.4068/44.1455 Exempt Emergency Management Deputy Director 23.2769/31.9071 Exempt Emergency Management Director 33.1281/45.3975 Exempt Engineering Technician - WWTP 19.5842/27.6691 40 hrs/week Equipment Operator - Solid Waste 16.4788/23.2069 40 hrs/week Finance Director 38.4279/54.8583 Exempt Finance Operations Supervisor 20.4000/28.8462 Exempt Fire Chief 37.1058/52.7053 Exempt Fire EMS Division Chief 30.3461/43.8033 Exempt Fire Operations Division Chief 30.3461/43.8033 Exempt Fire Prevention Division Chief 30.3461/43.8033 Exempt Fleet Services Shop Foreman 20.9340/29.5087 40 hrs/week GIS Coordinator - PW 24.5800/37.3300 40 hrs/week Grand Island Council Session - 5/27/2014 Page 91 / 366 ORDINANCE NO. 9490 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Golf Course Superintendent 23.6733/34.1660 Exempt Grounds Management Crew Chief – Cemetery 18.1054/26.2287 40 hrs/week Grounds Management Crew Chief – Parks 19.0599/27.0153 40 hrs/week Human Resources Director 33.4291/49.5321 Exempt Human Resources Benefits/Risk Mgmt Coordinator 18.5295/27.9538 40 hrs/week Human Resources Recruiter 18.5295/27.9538 40 hrs/week Human Resources Specialist 17.6209/25.9549 40 hrs/week Information Technology Manager 31.5525/45.4516 Exempt Legal Secretary 19.6880/26.6079 40 hrs/week Librarian I 17.8423/25.0589 Exempt Librarian II 19.7586/28.1028 Exempt Library Assistant I 12.0495/17.4141 40 hrs/week Library Assistant II 13.9378/19.2122 40 hrs/week Library Assistant Director 24.1856/35.5553 Exempt Library Director 31.9181/45.7548 Exempt Library Page 7.7112/10.9625 40 hrs/week Library Secretary 14.8122/21.0506 40 hrs/week Maintenance Worker – Golf 14.8681/21.4781 40 hrs/week Meter Reader Supervisor 18.2914/26.7210 Exempt MPO Program Manager 23.6000/35.0800 Exempt Office Manager – Police Department 16.5531/22.9288 40 hrs/week Parks and Recreation Director 34.8556/49.9594 Exempt Parks Superintendent 24.3558/34.9389 Exempt Payroll Specialist 17.3727/24.4418 40 hrs/week Planning Director 34.5609/49.0850 Exempt Police Captain 29.5308/41.7349 Exempt Police Chief 37.1058/52.7053 Exempt Power Plant Maintenance Supervisor 30.0590/42.4865 Exempt Power Plant Operations Supervisor 31.8206/45.8129 Exempt Power Plant Superintendent – Burdick 34.8506/49.1581 Exempt Power Plant Superintendent – PGS 40.1775/56.6455 Exempt Project Manager – Public Works 29.5060/41.5140 Exempt Public Information Officer 22.1425/31.8960 Exempt Public Works Director 38.8546/54.9384 Exempt Public Works Engineer 30.8040/44.5421 Exempt Grand Island Council Session - 5/27/2014 Page 92 / 366 ORDINANCE NO. 9490 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Receptionist 13.5449/19.9690 40 hrs/week Recreation Coordinator 17.6958/25.3319 Exempt Recreation Superintendent 24.2201/35.4520 Exempt Regulatory and Environmental Manager 29.5716/42.4040 Exempt Senior Accountant 27.3163/38.0269 Exempt Senior Electrical Engineer 34.3679/48.3083 Exempt Senior Public Safety Dispatcher 17.6539/23.6674 40 hrs/week Senior Utility Secretary 15.2760/21.8131 40 hrs/week Shooting Range Superintendent 22.5910/33.1924 Exempt Solid Waste Division Clerk - Full Time 15.7208/20.8577 40 hrs/week Solid Waste Division Clerk - Part Time 13.9975/18.9398 40 hrs/week Solid Waste Foreman 17.6737/24.9849 40 hrs/week Solid Waste Superintendent 25.3985/36.7473 Exempt Street Superintendent 25.6090/37.2800 Exempt Street Foreman 20.1385/28.8891 40 hrs/week Turf Management Specialist 21.2760/30.1185 40 hrs/week Utilities Director 58.5218/81.9261 Exempt Utility Production Engineer 35.1468/50.4235 Exempt Utility Services Manager 27.7625/38.6391 Exempt Utility Warehouse Supervisor 23.8914/33.2154 40 hrs/week Victim Assistance Unit Coordinator 13.6763/19.2557 40 hrs/week Wastewater Plant Chief Operator 20.6506/29.1069 40 hrs/week Wastewater Plant Engineer 31.9969/46.6138 Exempt Wastewater Plant Operations Engineer 30.8040/44.0003 Exempt Wastewater Plant Maintenance Supervisor 23.7771/32.0177 40 hrs/week Wastewater Plant Project Manager 29.5060/41.5140 Exempt Wastewater Plant Regulatory Compliance Manager 25.2356/36.0685 Exempt Water Superintendent 26.3948/37.9014 Exempt Water Supervisor 22.7865/32.8339 40 hrs/week Worker / Seasonal 7.2500/20.0000 Exempt Worker / Temporary 7.2500/20.0000 40 hrs/week Grand Island Council Session - 5/27/2014 Page 93 / 366 ORDINANCE NO. 9490 (Cont.) - 5 - A shift differential of $0.10 per hour shall be added to the base hourly wage for persons in the employee classification Senior Public Safety Dispatcher who work a complete shift that begins between 3:00 p.m. and 11:00 p.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 14.7954/21.9173 40 hrs/week Fleet Services Mechanic 16.8776/25.0054 40 hrs/week Horticulturist 15.6222/23.1866 40 hrs/week Maintenance Worker – Cemetery 14.6833/21.7697 40 hrs/week Maintenance Worker – Parks 14.5853/21.6370 40 hrs/week Maintenance Worker – Streets 14.2770/21.1646 40 hrs/week Senior Equipment Operator – Streets 16.2104/24.0429 40 hrs/week Senior Maintenance Worker – Streets 16.2104/24.0429 40 hrs/week Traffic Signal Technician 16.2104/24.0429 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Grand Island Council Session - 5/27/2014 Page 94 / 366 ORDINANCE NO. 9490 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 15.3789/20.3509 40 hrs/week Cashier 14.1152/19.2344 40 hrs/week Custodian 16.4824/19.4635 40 hrs/week Electric Distribution Crew Chief 30.1073/38.2908 40 hrs/week Electric Underground Crew Chief 30.1073/38.2908 40 hrs/week Engineering Technician I 18.9731/27.1469 40 hrs/week Engineering Technician II 23.4544/32.1592 40 hrs/week GIS Coordinator 24.1309/33.8607 40 hrs/week Instrument Technician 28.3005/37.3872 40 hrs/week Lineworker Apprentice 18.3525/26.9104 40 hrs/week Lineworker First Class 27.8182/32.9010 40 hrs/week Materials Handler 22.9057/30.7045 40 hrs/week Meter Reader 16.5035/21.5210 40 hrs/week Meter Technician 22.1890/27.4234 40 hrs/week Power Dispatcher I 27.7874/38.6353 40 hrs/week Power Dispatcher II 29.1854/40.5728 40 hrs/week Power Plant Maintenance Mechanic 26.3037/32.7530 40 hrs/week Power Plant Operator 31.0740/36.1958 40 hrs/week Senior Accounting Clerk 17.2862/22.6435 40 hrs/week Senior Engineering Technician 29.6764/36.3172 40 hrs/week Senior Materials Handler 26.3736/34.4008 40 hrs/week Senior Meter Reader 19.5460/23.1988 40 hrs/week Senior Power Dispatcher 33.7612/46.3298 40 hrs/week Senior Power Plant Operator 30.6374/39.2761 40 hrs/week Senior Substation Technician 36.0732/37.3872 40 hrs/week Senior Water Maintenance Worker 21.4326/28.2219 40 hrs/week Substation Technician 33.3943/34.7199 40 hrs/week Systems Technician 29.4298/37.3872 40 hrs/week Tree Trim Crew Chief 26.3633/32.7394 40 hrs/week Utility Electrician 26.4192/34.7199 40 hrs/week Utility Technician 25.8034/36.2961 40 hrs/week Utility Warehouse Clerk 19.0662/23.5232 40 hrs/week Water Maintenance Worker 17.8567/24.6940 40 hrs/week Wireworker I 20.0604/28.3654 40 hrs/week Wireworker II 27.8182/32.9010 40 hrs/week Grand Island Council Session - 5/27/2014 Page 95 / 366 ORDINANCE NO. 9490 (Cont.) - 7 - SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 19.3834/ 27.3498 Police Sergeant 24.2602/ 33.5527 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of thirty (30) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in Grand Island Council Session - 5/27/2014 Page 96 / 366 ORDINANCE NO. 9490 (Cont.) - 8 - excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the Training and Special Events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the Training and Special Events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 17.7341/24.5896 212 hrs/28 days Firefighter / EMT 13.1756/19.1207 212 hrs/28 days Firefighter / Paramedic 14.7104/20.7759 212 hrs/28 days Life Safety Inspector 20.0097/28.3914 40 hrs/week Shift Commander 21.0210/27.5106 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees Grand Island Council Session - 5/27/2014 Page 97 / 366 ORDINANCE NO. 9490 (Cont.) - 9 - included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 15.2009/21.3891 40 hrs/week Equipment Operator – WWTP 17.2575/24.2831 40 hrs/week Maintenance Mechanic I 17.2575/24.2831 40 hrs/week Maintenance Mechanic II 19.3228/27.1892 40 hrs/week Maintenance Worker – WWTP 17.2575/24.2831 40 hrs/week Senior Equipment Operator – WWTP 18.6540/26.2479 40 hrs/week Wastewater Clerk 12.9851/18.2711 40 hrs/week Wastewater Plant Laboratory Technician 18.3195/25.7773 40 hrs/week Wastewater Plant Operator I 15.4347/21.7185 40 hrs/week Wastewater Plant Operator II 17.2575/24.2831 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-Service/Clerical labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 16.2819/21.7346 40 hrs/week Accounts Payable Clerk 15.4437/22.3440 40 hrs/week Administrative Assistant 16.0642/23.0406 40 hrs/week Audio Video Technician 16.2165/22.8773 40 hrs/week Building Inspector 20.0585/28.4606 40 hrs/week Building Secretary 15.1173/21.4842 40 hrs/week Community Development Administrator 17.5009/25.1630 40 hrs/week Community Development Specialist 16.0642/23.0406 40 hrs/week Computer Operator 19.5143/25.6528 40 hrs/week Computer Programmer 22.2569/32.6182 40 hrs/week Computer Technician 20.0997/26.4228 40 hrs/week Grand Island Council Session - 5/27/2014 Page 98 / 366 ORDINANCE NO. 9490 (Cont.) - 10 - Electrical Inspector 20.0585/28.4606 40 hrs/week Emergency Management Coordinator 15.1173/21.4842 40 hrs/week Engineering Technician – Public Works 20.6353/29.1027 40 hrs/week Evidence Technician 15.0085/21.9630 40 hrs/week Finance Secretary 15.1173/21.4842 40 hrs/week GIS Coordinator 22.8800/32.1053 40 hrs/week Maintenance Worker I – Building, Library 15.7703/21.3427 40 hrs/week Maintenance Worker II – Building, Police 16.6192/22.5290 40 hrs/week Parks and Recreation Secretary 15.1173/21.4842 40 hrs/week Planning Secretary 15.1173/21.4842 40 hrs/week Planning Technician 20.6972/29.1201 40/hrs/week Plans Examiner 20.0585/28.4606 40 hrs/week Plumbing Inspector 20.0585/28.4606 40 hrs/week Police Records Clerk – Full Time 13.4956/18.7852 40 hrs/week Public Safety Dispatcher 15.2370/22.2569 40 hrs/week Shooting Range Operator 20.9399/28.3844 40 hrs/week Stormwater Technician 20.6353/29.1027 40 hrs/week Utility Secretary 15.1173/21.4842 40 hrs/week A shift differential of $0.10 per hour shall be added to the base hourly wage for persons in the employee classification Public Safety Dispatcher who work a complete shift that begins between 3:00 p.m. and 11:00 p.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 8. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. All employees covered by the IAFF labor agreement, except Life Safety Inspector, shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $529.92 per year, divided into twenty-four (24) pay periods. All employees of the FOP labor Grand Island Council Session - 5/27/2014 Page 99 / 366 ORDINANCE NO. 9490 (Cont.) - 11 - agreement shall be paid a clothing and uniform allowance in addition to regular salary of $25.00 per pay period. If any such employee covered by the IAFF or FOP labor agreements shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Employees covered by the IBEW – Utilities, the IBEW – Finance labor agreements, and the non-union position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of $600 to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of $350. Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08 per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing allowance of $650.00 per year, divided into 26 pay periods. Non-union employees and employees covered by the FOP labor agreement, the IBEW Utilities, Finance, Service/Clerical and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed $1,000 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities and IBEW – Finance labor agreements shall be allowed a meal allowance for actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere Grand Island Council Session - 5/27/2014 Page 100 / 366 ORDINANCE NO. 9490 (Cont.) - 12 - with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by the IBEW labor agreement and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: (A) All employees covered in the IBEW Utilities and IBEW Finance labor agreements shall be paid for forty-seven percent (47%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed four hundred eighty-eight and one third hours (calculated at 47% x 1039 Grand Island Council Session - 5/27/2014 Page 101 / 366 ORDINANCE NO. 9490 (Cont.) - 13 - hours = 488.33 hours), the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement with the exception of Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred ninety-eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The Life Safety Inspector shall have a contribution to a VEBA The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Wastewater labor agreement shall be paid 37.5% of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed three hundred ninety-nine hours (calculated at 37.5% x 1064 hours = 399 hours). Employees covered by the IBEW Service/Clerical labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for forty percent (40%) of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed 433.60 hours (calculated at 40% x 1084 hours = 433.60 hours.) Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. All employees covered by the AFSCME labor agreement shall be paid forty-five (45%) of their accumulated medical leave bank Grand Island Council Session - 5/27/2014 Page 102 / 366 ORDINANCE NO. 9490 (Cont.) - 14 - at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred seventy-eight and eighty hundredths hours (calculated at 45% x 1064 hours = 478.80 hours). All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred eighty hours (calculated at 37.5% x 1,280 hours = 480 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave bank at the time of their death, not to exceed six hundred forty hours(50% x 1,280hours = 640 hrs.), based on the employee’s salary at the time of their death. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of $30.00 per pay period. Employees represented by the IBEW Service/Clerical labor agreement shall have a contribution made on their behalf to the Grand Island Council Session - 5/27/2014 Page 103 / 366 ORDINANCE NO. 9490 (Cont.) - 15 - VEBA account of $15 per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of $10 per pay period. SECTION 11. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 12. The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. retroactive to October 7, 2013. SECTION 13. Those portions of Ordinance No. 9467and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: May 27, 2014 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 104 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item F-4 #9491 - Consideration of Amending Chapter 10 of the Grand Island City Code Relative to Allowing Upright Markers in Section J Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 5/27/2014 Page 105 / 366 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:May 27, 2014 Subject:Approve City Code Amendment to Allow Upright Markers in Section J of City Cemetery Item #’s:F-4 Presenter(s):Todd McCoy, Parks and Recreation Director Background The Grand Island Cemetery is a 90 acre tract of land located in western Grand Island. The Cemetery facilitates approximately 160 interments annually. The property is becoming limited for space. A City Council study session was held on April 1, 2014 to consider options for addressing space issues at the Cemetery. To provide improved space selection, it was discussed to amend City Code so that upright markers could be sold in Section J. Discussion Flat marker lot sales in Section J are not popular with only a handful of spaces sold each year. Although allowing upright markers in Section J will not solve long term space issues, it will increase upright selection by 320 spaces immediately. It is recommended that City Code Section 10-17 be amended to allow upright markers in the four eastern rows in the South Block of Section J. CHAPTER 10 CEMETERY Article I. General §10-17. Tombstones, Monuments, Copings, etc. No tombstone, monument, gravemarker or vases shall be erected in the city cemetery except those that meet the approval of the cemetery and the following provisions: (1) All markers in the South Block of Section J shall be set flush with the turf with the exception of rows 170-339, 169-340, 168-341, and 167-342. Grand Island Council Session - 5/27/2014 Page 106 / 366 (2) A minimum five-inch wash shall be used on all new or reset stone or monument work, and all spaces of 30 inches or less between stones or monuments shall be filled with concrete on new or reset work. (3) No stone or monument shall extend beyond the property boundary of the lot owner. (4) No lot or grave copings, curbs, or above-ground corner stones shall be constructed within the cemetery. (5) All new foot stones shall be set flush with the turf, except to match existing above-ground foot stones on the same lot. (6) Permanent vases shall not be allowed in alleys in front of stones or monuments, nor shall they be allowed on the grave side of an individual pre-need marker. Permanent vases shall only be allowed on the ends of stones or monuments in Sections M, N and P of the cemetery. (7) It shall be the responsibility of the lot owner to reset any stones, monuments, or vases removed by the cemetery to allow room for a burial. (8) The maximum width of any stone or monument, including the wash, shall be 26 inches. No stone or monument requiring more than 26 inches for width shall be delivered to the cemetery without the prior written approval of the cemetery superintendent. Amended by Ordinance No. 9197, effective 11-12-2008 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that City Council approve an amendment to City Code to allow upright makers in Section J of the City Cemetery. Sample Motion Move to approve amending the City Code to allow upright makers in Section J of the City Cemetery. Grand Island Council Session - 5/27/2014 Page 107 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney ORDINANCE NO. 9491 An ordinance to amend Chapter 10 of the Grand Island City Code; to amend Sections 10-17 (1) to make general corrections to various code sections as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 10-17 (1) of the Grand Island City Code is hereby amended to read as follows: CHAPTER 10 CEMETERY Article I. General §10-17. Tombstones, Monuments, Copings, etc. No tombstone, monument, gravemarker or vases shall be erected in the city cemetery except those that meet the approval of the cemetery and the following provisions: (1) All markers in the South Block of Section J shall be set flush with the turf with the exception of rows 170-339, 169-340, 168-341, and 167-342. (2) A minimum five-inch wash shall be used on all new or reset stone or monument work, and all spaces of 30 inches or less between stones or monuments shall be filled with concrete on new or reset work. (3) No stone or monument shall extend beyond the property boundary of the lot owner. (4) No lot or grave copings, curbs, or above-ground corner stones shall be constructed within the cemetery. (5) All new foot stones shall be set flush with the turf, except to match existing above- ground foot stones on the same lot. (6) Permanent vases shall not be allowed in alleys in front of stones or monuments, nor shall they be allowed on the grave side of an individual pre-need marker. Permanent vases shall only be allowed on the ends of stones or monuments in Sections M, N and P of the cemetery. (7) It shall be the responsibility of the lot owner to reset any stones, monuments, or vases removed by the cemetery to allow room for a burial. (8) The maximum width of any stone or monument, including the wash, shall be 26 inches. No stone or monument requiring more than 26 inches for width shall be delivered to the cemetery without the prior written approval of the cemetery superintendent. Amended by Ordinance No._____ , effective _______2014 Grand Island Council Session - 5/27/2014 Page 108 / 366 ORDINANCE NO.9491 (Cont.) - 2 - SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: May 27, 2014. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 109 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-1 Approving Minutes of May 13, 2014 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 5/27/2014 Page 110 / 366 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 13, 2014 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 May 13, 2014. Notice of the meeting was given in The Grand Island Independent on May 7, 2014. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Kent Mann, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Mark Stelk, Mike Paulick, and Vaughn Minton. The following City Officials were present: City Administrator Mary Lou Brown, Assistant to the City Administrator Nicki Stoltenberg, Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works Director John Collins. INVOCATION was given by Pastor Rene Lopez, Iglesia de Dios, 2325 West State Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Hannah Sugita. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located at 539 S. Shady Bend Road (Tommy Jr. and Carey Ummel). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 539 S. Shady Bend Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of placing conduit, high voltage power cable, and a pad-mounted transformer to provide electric service to the new home on Lot 2. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 657 Shady Bend Road (Tommy Ummel Sr.). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 657 Shady Bend Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of placing conduit and high voltage cable on Lot 3 to provide electrical service to Lot 2. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located East of the UPRR Tracks and South of Airport Road (Darling National , LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located east of the UPRR tracks and south side of Airport Road was needed in order to have access to install, upgrade, maintain, and repair water lines for the purpose of constructing Water Main District 466T. The agreed upon value was $1.00. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 3010 W. Faidley Avenue (Steven and Rebecca Stec, Trustees). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3010 W. Faidley Avenue was needed in order to have access to install, Grand Island Council Session - 5/27/2014 Page 111 / 366 Page 2, City Council Regular Meeting, May 13, 2014 upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of providing a location for a new pad-mounted transformer between the business owned by Stec and Grand Island Therapy. The electric system is being upgraded and the overhead line across Faidley Avenue removed. This would provide a looped feed in the future. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located South of Fonner Park Road in the NW Corner of Fonner Park (Hall County Livestock Improvement Assoc.). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located south of Fonner Park Road in the NW corner of Fonner Park was needed in order to have access to install, upgrade, maintain, and repair water lines, valves and fire hydrants for the purpose of transferring ownership to the Utilities Department. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (K. Diane Bockmann). Public Works Director John Collins reported that acquisition of a utility easement to accommodate the extension of sanitary sewer to Interstate 80 was needed in order for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easement. The agreement upon amount was $18,606.08. Staff recommended approval. No public testimony was heard. Public Hearing Request from Elsa Vasquez dba La Zona Rosa Night Club, 611 East 4th Street for a Class “I” Liquor License. This item was pulled from the agenda at the request of the applicant. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9486 - Consideration of Amending Chapter 18 of the Grand Island City Code Relative to the Mechanical Codes #9487 - Consideration of Amending Chapter 26 of the Grand Island City Code Relative to the Uniform Plumbing Codes 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. Building Department Director Craig Lewis reported that Ordinances #9486 and #9487 would revise Chapters 18 and 26 of the Grand Island City Code to the 2012 editions for Mechanical Codes and Uniform Plumbing Codes. Motion by Donaldson, second by Minton to approve Ordinances #9486 and #9487. Grand Island Council Session - 5/27/2014 Page 112 / 366 Page 3, City Council Regular Meeting, May 13, 2014 Assistant to the City Administrator: Ordinances #9486 and #9487 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Assistant to the City Administrator: Ordinances #9486 and #9487 on second and final passage. All those in favor of the passage of these ordinances on second and final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon second and final passage, Ordinances #9486 and #9487 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-12 was pulled from the agenda for further discussion. Motion by Haase, second by Paulick to approve the Consent Agenda excluding item G-12. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of April 22, 2014 City Council Regular Meeting. Approving Minutes of May 6, 2014 City Council Study Session. #2014-100 - Approving High Intensity Drug Trafficking Area (HIDTA) Grant Funding. #2014-101 - Approving 2014 Justice Assistance Grant (JAG) Application and Funding. #2014-102 - Approving Acquisition of Utility Easement Located at 539 S. Shady Bend Road (Tommy Jr. & Carey Ummel). #2014-103 - Approving Acquisition of Utility Easement Located at 567 Shady Bend Road (Tommy Ummel Sr.). #2014-104 - Approving Acquisition of Utility Easement Located East of the UPRR Tracks and South of Airport Road (Darling National LLC). #2014-105 - Approving Temporary Construction Occupancy Agreement Located East of the UPRR Tracks and South of Airport Road (Darling National LLC) in an Amount of $1,310.00. #2014-106 - Approving Acquisition of Utility Easement Located at 3010 W. Faidley Avenue (Steven and Rebecca Stec, Trustees). #2014-107 - Approving Acquisition of Utility Easement Located South of Fonner Park Road in the NW Corner of Fonner Park (Hall County Livestock Improvement Assoc.). #2014-108 - Approving Bid Award - Boiler Feed Pump Motor Refurbishment - Platte Generating Station with EmTech, Inc. of Grand Junction, CO in an Amount of $49,252.75. #2014-109 - Approving Bid Award - Warehouse Construction at Phelps Control Center with Lacy Construction Company of Grand Island, NE in an Amount of $1,140,000.00. Utilities Director Tim Luchsinger reported that warehouse at the Phelps Control Center would house Grand Island Council Session - 5/27/2014 Page 113 / 366 Page 4, City Council Regular Meeting, May 13, 2014 equipment and parts as it relates to the work from the Utilities Transmissions & Substation group. The newly purchased ‘One Stop’ building will be home to the Utilities Engineering Group and the warehouse space will be used for their vehicle and equipment storage. Motion by Gilbert, second by Stelk to approve Resolution #2014-109. Upon roll call vote, all voted aye. Motion adopted. #2014-110 - Approving Change Order #2 for Utilities Management System Software with Mainsaver Software, Inc. of San Diego, CA for an Increase of $55,125.00 and a Revised Contract Amount of $290,485.00. #2014-111 - Approving Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (K. Diane Bockmann) in an Amount of $18,606.08. 2014-112 - Approving Temporary Construction Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (K. Diane Bockmann) in an Amount of $8,205.57. RESOLUTION: #2014-113- Consideration of Approving Request from Elsa Vasquez dba La Zona Rosa Night Club, 611 East 4th Street for a Class “I” Liquor License. This item was pulled from the agenda at the request of the applicant. PAYMENT OF CLAIMS: Motion by Hehnke, second by Stelk to approve the Claims for the period of April 23, 2014 through May 13, 2014, for a total amount of $7,290,722.98. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 7:17 p.m. Nicki Stoltenberg Assistant to the City Administrator Grand Island Council Session - 5/27/2014 Page 114 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-2 Approving Minutes of May 20, 2014 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 5/27/2014 Page 115 / 366 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION May 20, 2014 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 May 20, 2014. Notice of the meeting was given in the Grand Island Independent on May 14, 2014. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Mark Stelk, John Gericke, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Kurt Mann. Councilmembers Chuck Haase and Mike Paulick were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter, and City Engineer and Public Works Director John Collins. The PLEDGE OF ALLEGIANCE was said. Mayor Vavricek introduced Community Youth Council member Hannah Sugita. SPECIAL ITEMS: Heartland Events Center Financial Overview. Diane Willey, Sales and Marketing Director with the Heartland Events Center gave an update of the events in 2013. There were 115 events with 33 new events. New and repeat events were mentioned. More than 1/2 million people attended events at the Heartland Events Center. Challenges mentioned were concert attendance was down, changeovers/multiple events, no hotel property and BCC – “best kept secret”. Bruce Swihart commented on Fire School and Senior High Graduation which had taken place this past weekend. He commented on the Conference Center facility. Upgrades in the facility were completed with regards to audio and video. The next project being worked on was the upgrade of the scoreboard in the area along with three new cameras, production coordination and communication. Marcy Luth with Almquisst, Maltzahn, Galloway & Luth presented the 2012/2013 audit report of the Heartland Events Center. Total assets of $6,965,241 were down from last year. Current liabilities were about the same as last year. Total revenue was $3,255,613 due to increase box office sales. Expense total was $3,175,918. Long-term debt was discussed. Margaret Hornady, 2708 Arrowhead Road commented on the noise level of concerts stating the performers brought their own sound systems. 2014/2015 General Fund Budget Preview. Treasurer and Finance Director Jaye Monter gave a brief introduction of the General Fund. Reviewed was the budget calendar and what had taken place so far. The Finance Department was working on payroll costs, 400 Capital Fund, potential funding scenarios, department reviewing their requests and operating expense submissions. Grand Island Council Session - 5/27/2014 Page 116 / 366 Page 2, City Council Study Session, May 20, 2014 The 2014/2015 budget would provide a continued emphasis on a safer community, Metropolitan Planning Organization (MPO), and the effects of becoming a Metropolitan Statistical Area (MSA) with increased personnel costs (estimated $1,185,320 in 2015). Comments were made concerning grants to the Police Department which would be ending in the near future. The following Initial Budget Progress to Date was presented: Forecasted 2014 revenue complete o 2.5% normalized growth 2015 budget revenue built from forecast o 2.6% normalized growth Departments have been provided targets o 6.4% overall personnel cost increase driven by comparability o 0% operation increase Discussion was held concerning the benefits of the City being an MSA community. Total revenue projected for 2015 was a 2.6% increase. Ms. Monter explained the Municipal Equalization Funds which the City first received in 2013. Out of the 30 First Class Cities, Grand Island ranked 7th from the bottom as it related to mill levies. Revenue projections were reviewed with a loss of 1.3% for 2015. The following 2015 Budget Summary was presented: Incremental Cash Needs: Revenue Decline $ 955,000 Personnel costs including MSA impact $1,734,000 Debt retirement – Library $1,590,000 Capital Improvement Projects 400 Fund $ 556,000 TOTAL $4,835,000 Incremental Funding: Reduced debt payment $ 795,000 Reduced transfers $1,300,000 Unspent appropriations 2014 Budget $1,150,000 Cash reserve usage to pay Library debt $1,590,000 TOTAL $4,835,000 Reviewed was the budget timeline for Council meetings. Ms. Monter answered questions regarding basing the budget on a 0% increase for 2015. Discussion was held regarding future years need for tax increases and the paying off of debts. ADJOURNMENT: The meeting was adjourned at 8:23 p.m. RaNae Edwards City Clerk Grand Island Council Session - 5/27/2014 Page 117 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-3 Approving Re-Appointments of Julie Connelly, Karen Bredthauer, and Dennis McCarty to the Interjurisdictional Planning Commission Mayor Vavricek has submitted the re-appointments of Julie Connelly, Karen Bredthauer, and Dennis McCarty to the Interjurisdictional Planning Commission. The appointments would become effective immediately upon approval by the City Council and would expire on May 24, 2015. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 5/27/2014 Page 118 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-4 Approving Re-Appointment of Paul Leeper to the Civil Service Commission Mayor Vavricek has submitted the re-appointment of Paul Leeper to the Civil Service Commission. The appointment would become effective on May 31, 2014 upon approval by the City Council and would expire on June 1, 2020. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 5/27/2014 Page 119 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-5 #2014-114 - Approving Final Plat and Subdivision Agreement for Little Angel Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/27/2014 Page 120 / 366 Council Agenda Memo From:Regional Planning Commission Meeting:May 27, 2014 Subject:Little Angel Subdivision – Final Plat Item #’s:G-5 Presenter(s):Chad Nabity AICP, Regional Planning Director Background This property is located east of Congdon Ave and south of east 7th Street, in the City of Grand Island, in Hall County, Nebraska. Consisting of (2 Lots) and .920 acres. Discussion The plat for Little Angel Subdivision Final Plat was considered by the Regional Planning Commission at the May 7, 2014 meeting. A motion was made by Bredthauer and seconded by Reynolds to approve the plat as presented. A roll call vote was taken and the motion passed with 8 members present and voting in favor (Connick, O’Neill, Ruge, Hayes, Reynolds, Heckman, Haskins and Bredthauer) and two members abstaining (McCarty & Kjar). 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 - 5/27/2014 Page 121 / 366 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Michael Galvin Developer/Owner Michael Galvan 552 E Capital Ave Grand Island NE 68801 To create 2 lots located east of Congdon Ave and south of 7th St E, in the City of Grand Island, in Hall County, Nebraska. Size: .920 acres Zoning: R2 – Low Density Residential Zone Road Access: City Roads Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 5/27/2014 Page 122 / 366 April 22, 2014 Dear Members of the Board: RE: Final Plat – Little Angel Subdivision. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Little Angel Subdivision, located in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 2 lots, on a tract of land comprising all of Lot Eight (8), Lambert’s Subdivision, in the City of Grand Island, Hall County, Nebraska, said tract containing .920 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on May 7, 2014 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Building Department City Utilities Manager of Postal Operations Rockwell & Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 5/27/2014 Page 123 / 366 Grand Island Council Session - 5/27/2014 Page 124 / 366 Grand Island Council Session - 5/27/2014 Page 125 / 366 Grand Island Council Session - 5/27/2014 Page 126 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-114 WHEREAS Michael Galvan and Marilyn Galvan, husband and wife, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “LITTLE ANGEL SUBDIVISION”, to be laid out into 2 lots, on a tract of land comprising all of Lot Eight (8), Lambert’s Subdivision, in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of LITTLE ANGEL SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 127 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-6 #2014-115 - Approving Final Plat and Subdivision Agreement for Ummelville Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/27/2014 Page 128 / 366 Council Agenda Memo From:Regional Planning Commission Meeting:May 27, 2014 Subject:Ummelville 2nd Subdivision – Final Plat Item #’s:G-6 Presenter(s):Chad Nabity AICP, Regional Planning Director Background This property is located south of east 4th Street and west of Sky Park Rd., in the City of Grand Island, in Hall County, Nebraska. Consisting of (3 Lots) and 10.571 acres. Discussion The plat for Ummelville 2nd Subdivision Final Plat was considered by the Regional Planning Commission at the May 7, 2014 meeting. A motion was made by Bredthauer and seconded by Reynolds to approve the plat as presented. A roll call vote was taken and the motion passed with 8 members present and voting in favor (Connick, O’Neill, Ruge, Hayes, Reynolds, Heckman, Haskins and Bredthauer) and two members abstaining (McCarty & Kjar). 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 - 5/27/2014 Page 129 / 366 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Tommy Ummel Sr Developer/Owner Tommy Ummel Sr 567 South Shady Bend Road Grand Island NE 68801 To create 3 lots located south of 4th Street E and west of Sky Park Road, in the City of Grand Island, in Hall County, Nebraska. Size: 10.571 acres Zoning: 2 – Heavy Manufacturing Zone Road Access: City Roads Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 5/27/2014 Page 130 / 366 April 22, 2014 Dear Members of the Board: RE: Final Plat – Ummelville Second Subdivision. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Ummelville Second Subdivision, located in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 3 lots, on a tract of land comprising all of Lot One (1), Brodsky Industrial Empire Subdivision and all of Lot One (1), Ummelville Subdivision, all in the City of Grand Island, Hall County, Nebraska, said tract containing 10.571 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on May 7, 2014 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Building Department City Utilities Manager of Postal Operations Rockwell & Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - 5/27/2014 Page 131 / 366 Grand Island Council Session - 5/27/2014 Page 132 / 366 Grand Island Council Session - 5/27/2014 Page 133 / 366 Grand Island Council Session - 5/27/2014 Page 134 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-115 WHEREAS Tommy Ummel Sr., a single person, and Tommy Ummel Jr. and Cary K. Ummel, husband and wife, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “UMMELVILLE SECOND SUBDIVISION”, to be laid out into 3 lots, on a tract of land comprising all of Lot One (1), Brodsky Industrial Empire Subdivision and all of Lot One (1), Ummelville Subdivision all in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of UMMELVILLE SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 135 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-7 #2014-116 - Approving Acquisition of Utility Easement - 2705 W. Highway 30 - BTW Properties, Inc. This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 5/27/2014 Page 136 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-116 WHEREAS, a public utility easement is required by the City of Grand Island from BTW Properties, Inc., 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 May 27, 2014, for the purpose of discussing the proposed acquisition of a twenty foot wide easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The northerly twenty (20.0) feet of the southerly eighty (80.0) feet of the westerly forty (40.0) feet of Lot One (1), Commercial Industrial Park Fourth Subdivision in the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing 0.018 acres, more or less, as shown on the plat dated 5/7/2014, 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 BTW Properties, Inc., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska May 27, 2014. _________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 137 / 366 Grand Island Council Session - 5/27/2014 Page 138 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-8 #2014-117 - Approving Bid Award - Water Main Project 2014-W-6 at Old Fair Road and Highway 30 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/27/2014 Page 139 / 366 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:May 27, 2014 Subject:Water Main Project 2014-W-6 – Old Fair Road and Highway 30 Item #’s:G-8 Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main Project 2014-W-6 will connect two existing water mains near Old Fair Road and Highway 30. The existing mains were installed in 1973 and 1975 with the intention of being tied together in the future. The new construction will provide a looped feed to the surrounding commercial area, assist with system redundancy for maintenance, and increase fire protection capacity. The project will install an 8-inch diameter ductile-iron water main across Old Fair Road going north and continuing east along the south side of Old Potash Highway. The new main will connect the existing main that ends east of Old Fair Road to the existing main on Old Potash Highway that ends east of Old Highway 30. A site map of the area is attached for reference. Discussion Requests for bids were advertised in accordance with City Procurement Codes. Five plan service firms and six construction companies received copies of the bid documents and plans. Three bids were received and publicly opened at 2:00 p.m. on May 15, 2014. The bids have been reviewed and evaluated. All bids were without errors and exceptions. Tabulated below is the evaluated bid price from each of the bidders. Bidder Bid Security Exceptions Evaluated Bid Price Completion Diamond Engineering Co. Grand Island, Nebraska Universal Surety Co.None $62,715.88 90 days Van Kirk Bros Construction Sutton, Nebraska Universal Surety Co.None $57,455.05 180 days Grand Island Council Session - 5/27/2014 Page 140 / 366 Bidder Bid Security Exceptions Evaluated Bid Price Completion General Excavating Lincoln, Nebraska Universal Surety Co.None $87,727.43 120 Days Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council award the contract for Water Main Project 2014-W-6 to the low responsive bidder, Van Kirk Bros. Contracting of Sutton, Nebraska, in the amount of $57,455.05. Sample Motion Move to approve the contract for Water Main Project 2014-W-6 to Van Kirk Sand & Gravel, Inc., d/b/a Van Kirk Bros. Contracting of Sutton, Nebraska in the amount of $57,455.05. Grand Island Council Session - 5/27/2014 Page 141 / 366 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:May 15, 2014 at 2:00 p.m. FOR:Water Main Project 2014-W-6 - Old Fair Road and Highway 30 DEPARTMENT:Utilities ESTIMATE:$80,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:April 30, 2014 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:Diamond Engineering Co.Van Kirk Bros. Contracting Grand Island, NE Sutton, NE Bid Security:Universal Surety Co.Universal Surety Co. Exceptions:None None Bid Price:$62,715.80 $57,455.05 Completion:90 Days 180 Days Bidder:General Excavating Lincoln, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price:$87,727.43 Completion:120 Days cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Lynn Mayhew, Assist. Utilities Director Jamie Royer, Utilities Civil Eng. P1736 Grand Island Council Session - 5/27/2014 Page 142 / 366 Grand Island Council Session - 5/27/2014 Page 143 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-117 WHEREAS, the City of Grand Island invited sealed bids for construction of Water Main Project 2014-W-16 at Old Fair Road and Highway 30, according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 15, 2014, bids were received, opened and reviewed; and WHEREAS, Van Kirk Bros. Contracting of Sutton, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $57,455.05; and WHEREAS, the bid of Van Kirk Bros. Contracting is less than the estimate for the construction of Water Main Project 2014-W-16 at Old Fair Road and Highway 30. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Van Kirk Bros. Contracting in the amount of $57,455.05 for construction of Water Main Project 2014-W-16 at Old Fair Road and Highway 30, is hereby approved as the lowest responsible bid, and the Mayor is authorized to sign the contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 144 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-9 #2014-118 - Approving Bid Award - Truck Chassis with Service Crane Body & PTO Driven Under Deck Air Compressor - Water Shop Unit 903 Staff Contact: Tim Luchsinger,Stacy Nonhof Grand Island Council Session - 5/27/2014 Page 145 / 366 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, City Attorney Meeting:May 27, 2014 Subject:Truck Chassis with Service Crane Body & PTO Driven Underdeck Air Compressor (Unit 903), Water Shop - Utilities Department Item #’s:G-9 Presenter(s):Timothy Luchsinger, Utilities Director Background The Water Department budgeted for the replacement of Unit #903, a 1997 GMC Sierra with an underdeck compressor and a 4,000 watt generator. Bid documents were mailed to eight possible bidders, including all local dealers. Sufficient funds were budgeted in this year’s budget to replace the truck. Discussion Specifications for replacement of Unit #903 were prepared by Department staff, advertised in accordance with the City Purchasing Code, sent to eight potential bidders, and posted on the City’s Web Site. The bids were publically opened on May 13, 2014. One bid was received as tabulated below. The estimated amount for this replacement vehicle was $130,000. Bidder Base Bid Trade-In Net Bid Sid Dillon Ford $123,300.00 $(7,000.00) $116,300.00 Crete, Nebraska Cab & Chassis: Ford F550 Air Compressor:Van Air UDSM90 Crane: Palfinger – PSC-4329 Utility Body: Omaha Standard PCB 43-11 CS Exceptions: Noted Exceptions were noted, with only one negative; a lug wrench is not available. Grand Island Council Session - 5/27/2014 Page 146 / 366 After evaluating the bid for Unit #903, the Utilities Department recommends accepting the bid from Sid Dillon Ford of Crete, Nebraska, with a bid of $123,300.00, and a trade- in value of $7,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the 2015 Truck with Service Crane Body and PTO Driven Underdeck Air Compressor (Unit #903), from Sid Dillon Ford, in the amount of $123,300.00, and a trade-in value of $7,000.00, for a total expense of $116,300.00. Sample Motion Move to approve the purchase of a 2015 Truck with Service Crane Body & PTO Driven Underdeck Air Compressor (Unit #903), from Sid Dillon Ford of Crete, Nebraska, in the amount of $116,300.00, including trade-in. Grand Island Council Session - 5/27/2014 Page 147 / 366 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 13, 2014 at 2:00 p.m. FOR: 2014 Truck Chassis with Service Crane Body & PTO Driven Underdeck Air Compressor DEPARTMENT: Utilities ESTIMATE: $130,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: April 22, 2014 NO. POTENTIAL BIDDERS: 9 SUMMARY Bidder: Sid Dillon Ford Crete, NE Exceptions: Noted Bid Price: Make Model Cab & Chassis: Ford (2015) F-550 Air Compressor: Van Air UDSM90 Crane: Pal Finger PS4329 Utility Body: Omaha Standard PCB 43-11 CS Total Base Bid: $123,300.00 Less Trade-In: $ 7,000.00 Final Bid: $116,300.00 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Ruben Sanchez, Utility Water Dept. P1731 Grand Island Council Session - 5/27/2014 Page 148 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-118 WHEREAS, the City of Grand Island invited sealed bids for a 2014 Truck Chassis with Service Crane Body & PTO Driven Underdeck Air Compressor (Unit #903) according to plans and specifications on file with the Utilities Department; and WHEREAS, on May 13, 2014, one bid was received, opened and reviewed; and WHEREAS, Sid Dillon Ford of Crete, Nebraska, submitted a bid for a 2015 Truck Chassis with Service Crane Body & PTO Driven Underdeck Air Compressor (Unit #903), in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $116,300.00; and WHEREAS, the bid of Sid Dillon Ford is less than the estimate for the Truck Chassis with Service Crane Body & PTO Driven Underdeck Air Compressor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Sid Dillon Ford, in the amount of $123,300.00 and a $7,000.00 trade-in amount, for the 2015 Truck Chassis with Service Crane Body & PTO Driven Underdeck Air Compressor is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 149 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-10 #2014-119 - Approving Change Order #2 - AMEC Air Quality Control Project at Platte Generating Station Staff Contact: Tim Luchsinger,Stacy Nonhof Grand Island Council Session - 5/27/2014 Page 150 / 366 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:May 27, 2014 Subject:Air Quality Control System at Platte Generating Station – AMEC - Change Order #2 Item #’s:G-10 Presenter(s):Timothy Luchsinger, Utilities Director Background On December 21, 2011, EPA released the Mercury and Air Toxics Standards (MATS), requiring the maximum achievable control technology for mercury and other hazardous pollutants from electric generating units, with a compliance date of March 2015, although an additional one year for compliance may be granted by individual states. The City of Grand Island hired Kiewit Engineering to study the best options available to meet the MATS requirements. Kiewit developed a specification for an Engineering Procurement Contract (EPC) and it was publicly bid. On January 8, 2013, Council approved and the City of Grand Island entered in to an Engineering Procurement Contract with AMEC of Tucker, Georgia, to install a scrubber, baghouse, and mercury removal system at the Platte Generating Station for $41,189,331.00. Discussion During the initial engineering process to write the specification for the Air Quality Control System (AQCS), the requirements for the roofs to meet FM Global standards were not included in the specification. FM Global provides insurance for the power plants, and a higher standard for wind uplift is a requirement on the roof panels to prevent the roof panels from being blown off in high winds. To meet these requirements, more structural steel is required to fasten the roof panels. This change provides for the additional steel required to attach the panels to the structure. The basis for the change, the proposed change, and the cost change, have been reviewed by both Kiewit and Department management staff, and is justified and reasonable. Grand Island Council Session - 5/27/2014 Page 151 / 366 The total for this Change Order is $54,401.00 and increases the contract by 0.13% to $42,140,242.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends authorizing Change Order #2 to the Air Quality Control System at Platte Generating Station for FM Global roof requirements for an addition to the contract price of $54,401.00. Sample Motion Move to approve Change Order #2 with AMEC in the amount of $54,401.00 for the Air Quality Control System at Platte Generating Station. Grand Island Council Session - 5/27/2014 Page 152 / 366 May 14, 2014 TO:AMEC Kamtech, Inc. 1979 Lakeside Parkway, Suite 400 Tucker, GA 30084 770-688-2500 PROJECT:AQCS-Equipment Purchase and Construction You are hereby directed to make the following change in your contract: 1 Additional payment per the attached spreadsheet. ADD: The original Contract Sum $41,189,331.00 Previous Change Order Amounts 896,510.00$ The Contract Sum is increased by this Change Order 54,401.00$ The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date 42,140,242.00$ Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED:CITY OF GRAND ISLAND By:_________________________________Date ________________________ Attest: ___________________________________________________________ Approved as to Form, City Attorney ACCEPTED:AMEC Kamtech, Inc. By: _________________________________Date _________________________ $54,401.00 Change Order #2 Grand Island Council Session - 5/27/2014 Page 153 / 366 City of Grand Island Utilities Department General Work Contract - Change Order May 14, 2014Change Order #2 TO:AMEC Kamtech, Inc. 1979 Lakeside Parkway, Suite 400 Tucker, GA 30084 770-688-2500 PROJECT:AQCS-Equipment Purchase and Construction EWO7104 Contract:$41,189,331.00 Change O Description Amount 001 Additional structural steel to fasten the roof panels $54,401.00 002 per FM Global requirements on wind uplift 003 004 005 006 007 008 009 010 011 012 013 014 015 TOTAL CHANGE ORDER $54,401.00 Grand Island Council Session - 5/27/2014 Page 154 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-119 WHEREAS, AMEC of Tucker, Georgia, was awarded the contract for Air Quality Control System (AQCS) at Platte Generating Station, at the January 8, 2013 City Council meeting; and WHEREAS, during the initial engineering process, the requirements for the roofs to meet FM Global standards were not included in the specification; and WHEAREAS, FM Global provides insurance for power plants, and a higher standard for wind uplift is a requirement on the roof panels. These standards require more structural steel to fasten the roof panels to the structure; and WHEAREAS, the original Engineer, Kiewit Engineering, and Grand Island Utilities Staff agree that the change is justified and reasonable; and WHEREAS, Change Order #2 was prepared for a contract adjustment of an additional amount of $54,401.00, resulting in a final contract amount of $42,140,242.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #2 with AMEC of Tucker, Georgia, resulting in an additional cost of $54,401.00, for a final contract price of $42,140,242.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. ___________________________ Jay Vavricek, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 155 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-11 #2014-120 - Approving Certificate of Final Completion for Stagecoach Detention Cell Improvement Project No. 2013-D-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 156 / 366 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 27, 2014 Subject:Approving Certificate of Final Completion for Stagecoach Detention Cell Improvement Project No. 2013-D-1 Item #’s:G-11 Presenter(s):John Collins PE, Public Works Director Background Hooker Brothers Construction Co., of Grand Island, Nebraska was awarded a $112,544.70 contract by the City Council on July 9, 2013 to reshape the cell in order for it to remain dry for the installation of a concrete liner through the bottom of the cell. This liner will make for easier maintenance & improve water flow throughout the cell. Work on the project commenced on August 1, 2013 and was completed on September 13, 2013. Discussion The Stagecoach detention cell project in southwest Grand Island was designed in order to improve the condition of the existing cell. Survey information from the area was gathered to design a solution to the situation. It was found that the interior of the cell was lower in elevation than the outlet, or pump station, which drains the cell. This often times led to standing water making the cell unmaintainable, resulting in heavy vegetation. Several options were looked at, but it was decided that the most economical and maintainable design was to fill in the lower portion of the cell and install a new low flow liner from the inlet to the outlet. This concrete liner allows for low flows to run down this liner and keep the rest of the area dry. It is easily cleaned with a small loader. The rest of the cell was sloped to this liner so water can drain to it and will be maintainable most of the time. The bottom of the cell may still be affected by groundwater in wet times, but not as much since the bottom of the cell was raised a 1 foot in the middle and 1.5 feet on the outer edges. Grand Island Council Session - 5/27/2014 Page 157 / 366 The project was completed in accordance with the terms, conditions and stipulations of the bidding process. The project was completed at a total cost of $112,544.70. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Stagecoach Detention Cell Improvement Project No. 2013-D-1. Sample Motion Move to approve the resolution. Grand Island Council Session - 5/27/2014 Page 158 / 366 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Stagecoach Detention Cell Improvement Project No. 2013-D-1 CITY OF GRAND ISLAND, NEBRASKA May 27, 2014 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that the Stagecoach Detention Cell Improvement Project No. 2013-D-1 has been fully completed by Hooker Brothers Construction Co. of Grand Island, Nebraska under the contract dated July 9, 2013. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Stagecoach Detention Cell Improvement Project No. 2013-D-1 Item No.Description Total Quantity Unit Unit Price Total Cost Base Bid 1 8’ – 6” P.C. Concrete Flow Liner 2,296.00 s.f.$11.20 $25,715.20 2 Earthwork 1.00 l.s.$69,725.00 $69,725.00 3 Seeding – Unimproved Areas 1.89 Acr $9,050.00 $17,104.50 Total Base Bid = $112,544.70 em I hereby recommend that the Engineer’s Certificate of Final Completion for the Stagecoach Detention Cell Improvement Project No. 2013-D-1 be approved. _______________________________________________________________________________ John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor Grand Island Council Session - 5/27/2014 Page 159 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-120 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for the Stagecoach Detention Cell Improvement Project No. 2013-D-1, certifying that Hooker Brothers Construction Co., of Grand Island, Nebraska, under contract, has completed the project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for the Stagecoach Detention Cell Improvement Project No. 2013-D-1, in the amount of $112,544.70, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. ______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 160 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-12 #2014-121 - Approving Certificate of Final Completion for Fire Station No. 4 (3690 West State Street) & No. 3 (2310 South Webb Road) Concrete Pavement Replacement - 2013 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 161 / 366 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 27, 2014 Subject:Approving Certificate of Final Completion for Fire Station No. 4 (3690 West State Street) & No. 3 (2310 South Webb Road) Concrete Pavement Replacement - 2013 Item #’s:G-12 Presenter(s):John Collins PE, Public Works Director Background The Diamond Engineering Co. of Grand Island, Nebraska was awarded a $99,804.00 contract by the City Council on July 9, 2013 to alleviate some drainage issues at Station No. 4 (3690 West State Street), as well as improve the condition of the parking lot at Station No. 4 & No. 3 (2310 South Webb Road). Work on the project commenced on March 1, 2014 and was completed on May 6, 2014. Change Order No. 1 for Fire Station No. 3 was approved by City Council on April 8, 2014 in the amount of $1,435.00, which became necessary when removal of an existing culvert that was damaged and scheduled to be replaced as part of the original contract uncovered a buried valve box for an existing water main service. In order to install the new culvert a bend was placed in the proposed pipe to clear the valve box. The most cost effective method for installation of the bend was to install a concrete collar poured around the miter in the pipe. This change order addressed the concrete collar and the installation of a proper valve box, which resulted in a revised contract amount of $101,239.00. Discussion The project was completed in accordance with the terms, conditions and stipulations of the bidding process in the total amount of $102,058.53, for an overage of $819.53. This overage was due to additional removal and replacement of concrete. Grand Island Council Session - 5/27/2014 Page 162 / 366 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Fire Station No. 4 (3690 West State Street) & No. 3 (2310 South Webb Road) Concrete Pavement Replacement - 2013. Sample Motion Move to approve the resolution. Grand Island Council Session - 5/27/2014 Page 163 / 366 ENGINEER’S CERTIFICATE OF FINAL COMPLETION Fire Station No. 4 – 3690 West State Street & Fire Station No. 3 – 2310 South Webb Road Concrete Pavement Replacement – 2013 CITY OF GRAND ISLAND, NEBRASKA May 27, 2014 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Fire Station No. 4 (3690 West State Street) & Fire Station No. 3 (2310 South Webb Road) Concrete Pavement Replacement - 2013 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated July 9, 2013. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Fire Station No. 4 (3690 West State Street) & Fire Station No. 3 (2310 South Webb Road) Item No.Description Total Quantity Unit Unit Price Total Cost Bid Section “A” – Fire Station No. 4 - 3690 W State Street 1 Remove Asphalt Paving 224.00 s.y.$7.90 $1,769.60 2 Remove Concrete Paving 722.00 s.y.$7.30 $5,270.60 3 Remove Concrete Driveway 56.00 s.y.$8.50 $476.00 4 Remove Concrete Trail 32.00 s.y.$7.25 $232.00 5 10” P.C. Concrete Paving 1,037.00 s.y.$48.65 $50,450.05 6 6” P.C. Concrete Drainage Letdown 72.00 s.y.$61.10 $4,399.20 7 Over Excavation 100.00 c.y.$22.30 $2,230.00 8 Grading 1.00 l.s.$1,485.00 $1,485.00 Total Bid Section “A” = $66,312.45 em Item No.Description Total Quantity Unit Unit Price Total Cost Bid Section “B” – Fire Station No. 3 – 2310 S Webb Road 1 Remove 6” Concrete 158.50 s.y.$9.30 $1,474.05 2 Remove 24” CMP 30.00 l.f.$9.65 $289.50 3 Place 30” Equivalent Arch RCP 64.00 l.f.$185.00 $11,840.00 4 Place 30” Equivalent Flared End 1.00 ea.$2,000.00 $2,000.00 5 Junction Box w/ Beehive Grate 1.00 ea.$2,765.00 $2,765.00 6 Build 10” Concrete 275.50 s.y.$50.55 $13,926.53 7 Furnish & Fill Dirt 90.00 c.y.$22.40 $2,016.00 Total Bid Section “B” = $34,311.08 Grand Island Council Session - 5/27/2014 Page 164 / 366 Item No.Description Total Quantity Unit Unit Price Total Cost Change Order No. 1 – First Station No. 3 – 2310 S Webb Road CO 1-1 Remove Asphalt Paving 1.00 ea.$1,260.00 $1,260.00 CO 1-2 Remove Concrete Paving 1.00 ea.$175.00 $175.00 Total Bid Section Change Order No. 1= $1,435.00 Grand Total Bid Section “A” + “B” + Change Order No. 1= $102,058.53 I hereby recommend that the Engineer’s Certificate of Final Completion for Fire Station No. 4 (3690 West State Street) & Fire Station No. 3 (2310 South Webb Road) Concrete Pavement Replacement - 2013 be approved. _______________________________________________________________________________ John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor Grand Island Council Session - 5/27/2014 Page 165 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-121 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Fire Station No. 4 (3690 West State Street) & No. 3 (2310 South Webb Road) Concrete Pavement Replacement – 2013, certifying that The Diamond Engineering Company, of Grand Island, Nebraska, under contract, has completed the project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Fire Station No. 4 (3690 West State Street) & No. 3 (2310 South Webb Road) Concrete Pavement Replacement – 2013, in the amount of $102,058.53, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _____________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 166 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-13 #2014-122 - Approving Supplemental Agreement No. 1 with Kirkham Michael & Associates for Construction Engineering Services for the US Highway 30 Drainage Improvement Project Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 167 / 366 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:May 27, 2014 Subject:Approving Supplemental Agreement No. 1 with Kirkham Michael & Associates for Construction Engineering Services for the US Highway 30 Drainage Improvement Project Item #’s:G-13 Presenter(s):John Collins, Public Works Director Background All agreements must be approved by the City Council. The purpose of the US-30 Drainage Improvement project is to construct storm sewer to the detention cell at the former location of the Wasmer Elementary School from connections on Second Street at Logan Street, Broadwell Avenue, and Madison Street. The improvements will significantly reduce the likelihood of flooding during storm events on Second Street. The project includes constructing drainage inlets on First Street and Division Street between Logan Street and Madison Street, which will provide drainage relief in those areas as well. Other benefits the project will provide to the community include reconstruction of sidewalk ramps to Americans with Disabilities Act standards, construction of new concrete pavement, and relief for storm sewer that drains Third Street north of the project area. This project is receiving Federal Funding through the Surface Transportation Program (STP). The project will provide drainage improvements to areas not eligible for Federal Funding and, as per a February 2011 Drainage Study Report, the Federal Highway Administration (FHWA) agreed to participate on only 77% of the construction and utility relocation costs, which STP funding would then be applied on an 80/20 basis. The funding split for eligible construction and utility relocation costs is 61.6% Federal Aid and 38.4% local funds. Grand Island Council Session - 5/27/2014 Page 168 / 366 On November 13, 2012, City Council approved Supplemental Agreement No. 1 with the Nebraska Department of Roads (NDOR) for clarification on the Federal share payable for the eligible and participating costs of the Preliminary Engineering, Right-of-Way and Construction phases of this project. On May 14, 2013, City Council approved Supplemental Agreement No. 2 for limiting future obligations for the US Highway 30 Drainage Improvement Project. Funding shortfalls were caused by the current highway funding and authorization bill, the Moving Ahead for Progress in the 21st Century Act (MAP-21). To address the funding shortage, NDOR agreed to provide more funds to deliver projects already programmed through STP funds with First Class Cities, but required the Federal Aid funding for these projects to be capped. Under Supplemental Agreement No. 2 the maximum amount of STP funds that can be obligated for all project costs is $1,011,495. The maximum amount that can be obligated for construction engineering services is 61.6% of $130,000, or $80,080. On June 25, 2013, by Resolution No. 2013-198 the City entered into an agreement with Kirkham Michael & Associates for Construction Engineering Services for the project. The work was to be performed at actual costs with a maximum amount of $179,365.15, plus a fixed-fee-for-profit amount of $20,101.78, for a total agreement amount of $199,466.93. The fixed-fee is computed upon the direct labor or wage costs, indirect labor costs, indirect-non-labor costs, and direct payroll additives. Discussion Construction on the US-30 Drainage Improvement project commenced on August 28, 2013. The contract project duration was originally estimated to take 23 weeks to complete, however, project delays occurred in October and November that were beyond the Contractor’s control. The project delays were due to additional pavement work and due to inclement weather conditions affecting efficiency in operations. The existing pavement on Monroe Street on the east side of the Wasmer Detention Cell was in poor condition, but was not in the original plans to be replaced. The concrete pavement was reconstructed in October of 2013 as part of this project to ensure that the pavement would remain in acceptable condition while Broadwell Avenue traffic was detoured onto this section in 2014. The additional paving work resulted in approximately two weeks delay to the overall schedule due to accommodations for property access and untimely weather affecting subgrade conditions. In November of 2013, the Contractor was directed to cease storm sewer construction and complete all paving work at locations where work had started so that the workzone could be returned to normal traffic conditions and no temporary traffic control would be required over the winter. Inclement weather in late October and November affected the Contractor’s operations and resulted in approximately two weeks delay to the overall schedule. Grand Island Council Session - 5/27/2014 Page 169 / 366 The additional costs for Construction Engineering Services that were computed for this supplemental agreement account for days when full days of Construction Engineering Services were not required during the construction contract period in 2013. Through this supplemental agreement, the original agreement is amended and the fixed- fee-for-profit is increased from $20,101.78 to $21,897.71, an increase of $1,795.93. Actual costs are increased from $179,365.15 to $194,295.21, an increase of $14,930.06. The total agreement amount is increased from $199,466.93 to $216,192.92, an increase of $16,725.99 which the Consultant must not exceed without the prior written approval of the City of Grand Island. Due to the federal funding cap, the City’s participation in these costs will be 100%. Construction is on schedule to be completed in June of 2014. 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 approves the supplemental agreement with Kirkham Michael & Associates for Construction Engineering Services for the US- 30 Drainage Improvement Project. Sample Motion Move to approve Supplemental Agreement No. 1 with Kirkham Michael & Associates for Construction Engineering Services for the US-30 Drainage Improvement Project. Grand Island Council Session - 5/27/2014 Page 170 / 366 Grand Island Council Session - 5/27/2014 Page 171 / 366 Grand Island Council Session - 5/27/2014 Page 172 / 366 Grand Island Council Session - 5/27/2014 Page 173 / 366 Grand Island Council Session - 5/27/2014 Page 174 / 366 US HIGHWAY 30 DRAINAGE IMPROVEMENTS GRAND ISLAND, NEBRASKA US HIGHWAY 30 BROADWELL AVENUE LOGAN STREET MADISON STREET WASMER DETENTION CELL Grand Island Council Session - 5/27/2014 Page 175 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-122 WHEREAS, the City of Grand Island and Kirkham Michael and Associates, have previously executed a Construction Engineering Services Agreement (BK1349) for a transportation project for which the Local Public Agency (LPA) would like to obtain Federal funds; and WHEREAS, the City of Grand Island understands that it must continue to strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of this Federal-aid project; and WHEREAS, the City of Grand Island and Kirkham Michael and Associates wish to enter into a construction engineering services supplemental agreement setting out modifications and/or additional duties and/or funding responsibilities for the Federal-aid project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the attached Construction Engineering Services Supplemental Agreement No. 1 between the City of Grand Island and Kirkham Michael and Associates is hereby approved in the amount of $16,725.99 for a total cost of $216,192.92. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such consultant for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 176 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-14 #2014-123 - Approving Acquisition of Utility Easement in Section 13-11N-10 (Mid Plains Construction Co. – 418 N Webb Rd) This item relates to the aforementioned Public Hearing item E-5. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 177 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-123 WHEREAS, a utility easement is required by the City of Grand Island, from Mid Plains Construction Co. at 418 North Webb Road, Hall County, Nebraska, described as follows: A 25’ UTILITY EASEMENT LOCATED IN PART OF THE NORTHEAST QUARTER (NE ¼) OF SOUTHEAST QUARTER (SE ¼) OF SECTON THIRTEEN (13), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., GRAND ISLAND, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSETION OF THE WEST ROW OF WEBB ROAD AND THE NORTH ROW OF WEST NORTH FRONT STREET, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S89o21’25”W ALONG THE NORTH RIGHT-OF-WAY OF WEST NORTH FRONT STREET A DISTANCE OF 25.00 FEET; THENCE N01o22’27”W A DISTANCE OF 286.80 FEET TO A POINT ON SOUTH LINE OF INSTRUMENT NO. 2014-1400; THENCE N89o00’01”E A DISTANCE OF 25.00 FEET TO A POINT ON THE WEST ROW OF WEBB ROAD; THENCE S01o22’27”E A DISTANCE OF 286.95 FEET TO A POINT OF BEGINNING; SAID UTILITY EASEMENT CONTAINS A CALCULATED AREA OF 7173.30 SQUARE FEET OR 0.17 ACRES MORE OR LESS. WHEREAS, an Agreement for the utility easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the utility easement on the above described tract of land. 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, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 178 / 366 013-2217PROJECT NO: DRAWN BY: 03/27/2014DATE: LJW EXHIBIT FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street 25' UTILITY EASEMENT 1R Grand Island Council Session - 5/27/2014 Page 179 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-15 #2014-124 - Approving Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (Bosselman Pump & Pantry, Inc.) This item relates to the aforementioned Public Hearing item E-6. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 180 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-124 WHEREAS, a public utility easement is required by the City of Grand Island for the Sanitary Sewer District No. 530T; – Sanitary Sewer Extension to Interstate 80, to construct and maintain such project; and WHEREAS, acquisition of the public utility easement is as follows: Bosselman Pump & Pantry, Inc. – $146,267.00 THE LAST 30 FEET OF LOTS SEVEN (7), EIGHT (8), NINE (9) AND TEN (10), BLCOK ONE (1), AND THE EAST 30 FEET OF OUTLOT ONE (1), BLOCK TWO (2), ALL IN BOSSELVILLE SUBDIVISION, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 29,556 SQUARE FEET OR 0.679 ACRES MORE OR LESS. AND THE EAST 30 FEET OF A TARCT OF LAND AS DESCRIBED IN INSTRUMENT NO. 0201000476 OF THE REGISTER OF DEEDS OFFICE OF HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 41,863 SQUARE FEET OR 0.961 ACRES MORE OR LESS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such public utility easement from Bosselman Pump & Pantry, Inc., on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 181 / 366 Grand Island Council Session - 5/27/2014 Page 182 / 366 Grand Island Council Session - 5/27/2014 Page 183 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-16 #2014-125 - Approving Temporary Construction Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (Bosselman Pump & Pantry, Inc.) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 184 / 366 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 27, 2014 Subject:Approving Temporary Construction Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (Bosselman Pump & Pantry, Inc.) Item #’s:G-16 Presenter(s):John Collins PE, Public Works Director Background Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80 was created by City Council through Ordinance Resolution No. 9348 at the December 6, 2011 meeting. Temporary Construction easements are needed to accommodate the extension of sanitary sewer to Interstate 80, which must be approved by City Council. The temporary construction easements will allow for the installation of sanitary sewer to this area. A sketch is attached to show the temporary construction easement areas. Discussion A temporary construction easement is needed from one (1) property owner for Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80 to be constructed. Value of each tract was agreed upon between the City and the property owner. Property Owner Legal Description Amount Bosselman Pump & Pantry, Inc. THE WEST 50 FEET OF THE EAST 80 FEET OF LOTS SEVEN (7), EIGHT (8), NINE (9) AND TEN (10), BLOCK ONE (1), AND THE WEST 50 FEET OF THE EAST 80 FEET OF OUTLOT ONE (1), BLOCK TWO (2), ALL IN BOSSELVILLE SUBDIVISION, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 49,588 SQUARE FEET OR 1.138 ACRES MORE OR LESS. AND THE WEST 50 FEET OF THE EAST 80 FEET OF A TRACT OF LAND AS DESCRIBED IN INSTRUMENT NO. 0201000476 OF THE REGISTER OF DEEDS OFFICE OF HALL COUNTY, NEBRASKA. SAID TRACT $53,733.00 Grand Island Council Session - 5/27/2014 Page 185 / 366 CONTAINS A CALCULATED AREA OF 69,397 SQUARE FEET OR 1.593 ACRES MORE OR LESS. 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 Temporary Construction Easement between the City of Grand Island and the affected property owner for Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80, in the amount of $53,733.00. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 5/27/2014 Page 186 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-125 WHEREAS, a temporary construction easement is required by the City of Grand Island, from an affected property owner in the Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80 project area: Bosselman Pump & Pantry, Inc. – $53,733.00 THE WEST 50 FEET OF THE EAST 80 FEET OF LOTS SEVEN (7), EIGHT (8), NINE (9) AND TEN (10), BLOCK ONE (1), AND THE WEST 50 FEET OF THE EAST 80 FEET OF OUTLOT ONE (1), BLOCK TWO (2), ALL IN BOSSELVILLE SUBDIVISION, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 49,588 SQUARE FEET OR 1.138 ACRES MORE OR LESS. AND THE WEST 50 FEET OF THE EAST 80 FEET OF A TRACT OF LAND AS DESCRIBED IN INSTRUMENT NO. 0201000476 OF THE REGISTER OF DEEDS OFFICE OF HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 69,397 SQUARE FEET OR 1.593 ACRES MORE OR LESS. WHEREAS, such Temporary Construction easement has been reviewed and approved by the City Legal Department. 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 compensate the affected property owner for the Temporary Construction easement on the above described tracts of land, in the total amount of $53,733.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 187 / 366 Grand Island Council Session - 5/27/2014 Page 188 / 366 Grand Island Council Session - 5/27/2014 Page 189 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-17 #2014-126 - Approving Agreement with Schemmer Associates, Inc. for Construction Engineering Services for the State Street and Capital Avenue Connector Trail Project Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 190 / 366 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:May 27, 2014 Subject:Approving Agreement with Schemmer Associates, Inc. for Construction Engineering Services for the State Street and Capital Avenue Connector Trail Project Item #’s:G-17 Presenter(s):John Collins, Public Works Director Background All agreements must be approved by the City Council. The Federal-aid Transportation Enhancement (TE) Program provides funding to construct and restore transportation infrastructure that are not eligible to be funded through other programs. TE activities offer funding opportunities to help expand transportation choices and enhance the transportation experience. Project types eligible for this funding are hike/bike trails, historic preservation, and scenic or historic byways. Approved projects receive up to 80% Federal funding. The State Street and Capital Avenue Connector Trail Project will construct a 0.5 mile, 10' wide concrete recreational trail for bicycle and pedestrian use in northwest Grand Island. This project will begin on the State Street Trail 0.25 mile west of US Highway 281, extend north within City right-of-way along the west side of the Moores Creek Drainway, and end at the west end of the concrete trail that was recently completed along Capital Avenue under project STPAA-5436 for the Eagle Scout Trail. A pedestrian bridge will be constructed at the south end of the project over the drainage ditch that parallels State Street. The 20% match for the project is provided by the City of Grand Island through the Capital Improvements Fund. Discussion The City of Grand Island solicited the Request for Proposals for Engineering Consulting Services related to the State Street and Capital Avenue Connector Trail on May 9, 2011. Grand Island Council Session - 5/27/2014 Page 191 / 366 The scope of services in the Request for Proposals included Construction Engineering Services. Schemmer Associates, Inc. was selected to perform Construction Engineering Services based on qualifications detailed in the firm’s on-call proposal to NDOR for these services, their experience with Federal Aid Transportation projects, and their familiarity with the State Street and Capital Avenue Connector Trail project design and specifications. Public Works Engineering Division staff conducted negotiations to determine the appropriate scope and fee to satisfy FHWA and NDOR requirements and to ensure quality construction inspection and project management. The amount of hours calculated in the services for Construction Inspection and Material Sampling and Testing are considered appropriate; it is vital that observation and testing occur during all critical operations, such as concrete pavement placement and bridge construction. Schemmer Associates, Inc. project management staff will be required to conduct weekly on-site progress meetings. Schemmer Associates, Inc. will be paid a fixed-fee-for-profit of $8,414.23 and up to a maximum amount of $74,324.62 for actual costs in accordance with Exhibit “B”, with a total amount of $82,738.85. Due to heavy project workload in this upcoming construction season, City staff will participate to a limited extent in construction oversight and project management tasks. Construction is tentatively scheduled to begin in the summer of 2014. The project is expected to be completed in late fall of 2014. 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 approves the agreement with Schemmer Associates, Inc. to perform construction engineering services for the State Street and Capital Avenue Connector Trail Project. Sample Motion Move to approve the agreement with Schemmer Associates, Inc. to perform construction engineering services for the State Street and Capital Avenue Connector Trail Project. 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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to sign the attached construction engineering services agreement between the City of Grand Island, Nebraska and The Schemmer Associates, Inc. of Lincoln, Nebraska in the amount of $82,738.85. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 234 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-18 #2014-127 - Approving Use of Land Owned by the City of Grand Island (Capital and Webb Mini-Park) for Facilities to be Constructed on the Capital Avenue - Webb Road to Broadwell Avenue Project Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 235 / 366 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:May 27, 2014 Subject:Approving Use of Land owned by the City of Grand Island (Capital and Webb Mini-Park) for facilities to be constructed on the Capital Avenue - Webb Road to Broadwell Avenue Project Item #’s:G-18 Presenter(s):John Collins, Public Works Director Background The City and the Nebraska Department of Roads (NDOR) entered into an agreement, which was executed by the City on May 24, 2011 by Resolution No. 2011-124, which specified various duties and funding responsibilities for the Capital Avenue – Webb Road to Broadwell Avenue project. The agreement required that NDOR Standards and Specifications are to be used for design, construction inspection and quality control. This project will consist of removal of the existing 24’ wide asphalt roadway and construction of new concrete pavement on Capital Avenue from Webb Road through Broadwell Avenue. The new roadway will consist of five lane curbed concrete pavement. Other improvements include construction of sidewalks and a concrete hike/bike trail, updated street lighting, and construction of new storm sewer. A pedestrian signal will be constructed approximately 1000’ east of Webb Road to provide for safe crossing for users of the hike/bike trail. This project will be coordinated with the North Interceptor Sanitary Sewer project. Discussion As per guidance from the Nebraska Department of Roads, a critical component of any federal aid public transportation project are the land rights needed to facilitate the construction, operation and maintenance of the project in accordance with Federal Highway Administration 23 Code of Federal Regulations 1.23(a), which states “Interest to be acquired. The State shall acquire rights-of-way of such nature and extent as are adequate for the construction, operation, and maintenance of a project.” These rights ensure that the facility that is developed with Federal Transportation funds has a legal Grand Island Council Session - 5/27/2014 Page 236 / 366 right to exist and cannot be displaced by a competing land use, and a return on the investment will be realized. Property that is currently owned by the City of Grand Island that was initially purchased for a purpose other than for pedestrian, drainage and utility facilities cannot be readily used for this project, without execution of the Declaration as to Use document. The purpose or use consistent with the requirements of the project need to be established and of record by execution of a “Declaration as to Use” resolution. The duration the declaration is to be in effect is a minimum of 25 years from completion of construction. Once approved, a copy of the “Declaration as to Use” resolution must be placed on file at the Register of Deeds office. Submittal of final design plans and acquisition of right-of-way and easements are anticipated to be complete this summer. Relocation of utilities is planned to occur in early 2015 following completion of Phase 2 of the North Interceptor Sanitary Sewer project. Roadway construction is planned to begin in spring of 2015. 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 use of a portion of land owned by the City of Grand Island (Capital and Webb Mini-Park) for facilities to be constructed on the Capital Avenue - Webb Road to Broadwell Avenue Project. Sample Motion Move to approve the agreement. Grand Island Council Session - 5/27/2014 Page 237 / 366 GRAND ISLAND, NEBRASKA RESOLUTION NO. 127 DECLARATION AS TO USE WHEREAS; the City of Grand Island is the owner of a portion of the North Half of Fractional Section 7 , and a portion of the Northwest Quarter of Section 8 , both located in Township 11 North , Range 9 West of the Sixth Principal Meridian, Hall County, Nebraska, and WHEREAS; said portion of the North Half of Fractional Section 7 , and said portion of the Northwest Quarter of Section 8 , both located in Township 11 North , Range 9 West of the Sixth Principal Meridian, Hall County, Nebraska, are now being occupied by drainage facilities and utility facilities , and WHEREAS; The City of Grand Island hereby wishes to construct, operate, and maintain a pedestrian facilities, drainage facilities, and retaining wall facilities across a portion of said property, and WHEREAS; The pedestrian facilities, drainage facilities, and retaining wall facilities are to be constructed as part of Nebraska Department of Roads project URB-5436(5) , Control Number 42707 , and identified as Capital Avenue Paving Improvements , and WHEREAS; To comply with Federal Highway Administration 23 CFR 1.23(a) – “Interest to be acquired – The State shall acquire rights-of-way of such nature and extent as are adequate for the construction, operation, and maintenance of a project”; It is necessary for the City of Grand Island to declare that a portion of said property shall be used for the construction, operation, and maintenance of a pedestrian facilities, drainage facilities, and retaining wall facilities for a period of no less than twenty five years from the completion of its construction, and NOW THEREFORE, BE IT RESOLVED; that the Mayor and City Council of the City of Grand Island , Nebraska, hereby approves the use of a portion of said land owned by the City of Grand Island for the construction, operation, and maintenance of a pedestrian facilities, drainage facilities, and retaining wall facilities as shown on attached Exhibit “A”, and as aligned in project plans and specifications for Nebraska Department of Roads project URB- 5436(5) , Control Number 42707 , and identified as Capital Avenue Paving Improvements , for a period of no less than twenty five years from the completion of its construction. Passed and approved this 27th day of May, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ May 22, 2014 ¤ City Attorney Approved as to Form ¤ ___________ May 22, 2014 ¤ City Attorney Grand Island Council Session - 5/27/2014 Page 238 / 366 CAPITAL AVENUEWEBB ROAD EXHIBIT 'A'DECLARATION OF USE AREAGrand IslandCouncil Session - 5/27/2014Page 239 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-19 #2014-128 - Approving Bid Award for City Hall Parking Lot Pavement Replacement; Project No. 2014-P-3 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 240 / 366 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:May 27, 2014 Subject:Approving Bid Award for City Hall Parking Lot Pavement Replacement; Project No. 2014-P-3 Item #’s:G-19 Presenter(s):John Collins PE, Public Works Director Background On May 8, 2014 the Engineering Division of the Public Works Department advertised for bids for the City Hall Parking Lot Pavement Replacement; Project No. 2014-P-3. There were thirteen (13) potential bidders for the project. Discussion Two (2) bids were received and opened on May 19, 2014. The bids were submitted in compliance with the contract, plans and specifications. A summary of the bids is shown below. Bidder Exceptions Total Bid Bigzby’s Inc. of Grand Island, NE None $69,848.00 The Diamond Engineering Co. of Grand Island, NE Noted $93,754.75 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 5/27/2014 Page 241 / 366 Recommendation City Administration recommends that the Council approve awarding a contract to Bigzby’s Inc. of Grand Island, Nebraska in the total amount of $69,848.00 as the low compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 5/27/2014 Page 242 / 366 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:May 19, 2014 at 2:00 p.m. FOR:City Hall Parking Lot Pavement Replacement; Project No. 2014-P-3 DEPARTMENT:Public Works ESTIMATE:$95,000.00 FUND/ACCOUNT:40033535-90157 PUBLICATION DATE:May 8, 2014 NO. POTENTIAL BIDDERS:13 SUMMARY Bidder:BIGZBY’S, INC.Diamond Engineering Co. Grand Island, NE Grand Island, NE Exceptions:None Noted Bid Price:$69,848.00 $93,754.75 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent Craig Lewis, Building Dept. Director Keith Kurz, Public Works Engineer P1739 Grand Island Council Session - 5/27/2014 Page 243 / 366 Grand Island Council Session - 5/27/2014 Page 244 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-128 WHEREAS, the City of Grand Island invited sealed bids for City Hall Parking Lot Pavement Replacement; Project No. 2014-P-3, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on May 19, 2014 bids were received, opened, and reviewed; and WHEREAS, Bigzby’s Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $69,848.00, and WHEREAS, Bigzby’s Inc.’s bid is considered fair and reasonable for the project; and WHEREAS, funds are available in the Fiscal Year 2013/2014 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Bigzby’s Inc. of Grand Island, Nebraska in the amount of $69,848.00 is hereby approved as the lowest responsible bid. BE IT FUTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 245 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-20 #2014-129 - Approving Purchase of Police Department Specialty Vehicle Staff Contact: Steven Lamken Grand Island Council Session - 5/27/2014 Page 246 / 366 Council Agenda Memo From:Steven Lamken, Police Chief Meeting:May 27, 2014 Subject:Purchase of Police Department Multipurpose Vehicle Item #’s:G-20 Presenter(s):Steven Lamken, Police Chief Background The Police Department has a 1993 Step Van vehicle that is being used for the Tactical Response Team, the Hostage Negotiators, and as a Crime Scene/Command Post. The vehicle was purchased used in 2007. The vehicle has become mechanically unreliable with multiple problems, including not starting due to electrical problems draining the batteries. We have not been able to correct many of the problems after having several repair services work on it. In the 2013-2014 budget, the Police Department budgeted $15,000 for the purchase of a used vehicle to serve as a multipurpose vehicle for the Tactical Team, Hostage Negotiators and a Crime Scene/Command Post vehicle. The Department’s intent was to furnish and equip the vehicle ourselves. The Police Department has been unable to find a suitable vehicle for the amount of money budgeted. It was determined to be more practical to submit an RFP to companies that specialize in building specialized law enforcement vehicles. An RFP was developed, advertised and mailed to seven vendors. Three proposals were received ranging in cost from $59,525 to $121,840. Discussion The RFP allowed for either a new or used vehicle and specified as to how the vehicle was to be equipped. All three of the vendor proposals meet the specifications or provide acceptable alternates for equipment and outfitting. All three proposals offered a one year warranty on the vehicle, equipment and workmanship as specified in the RFP. The proposals were from: Grand Island Council Session - 5/27/2014 Page 247 / 366 1.LDV of Burlington, Wisconsin for the purchase of a gasoline engine, 2003 Ford E450 cab with chassis box truck, walk through design, with 22,000 miles of use for $59,525 2.Mag Trucks of Kansas City, Missouri for a diesel engine, 2005 Freightliner Step Van with 192,079 miles of use for $$64,800 3.Farber Specialty Vehicles of Reynoldsburg, Ohio for the purchase of a new, gasoline engine, (brand unspecified) cab with chassis box truck, walk through design, for $121,840 A team of officers and supervisors from the Police Department evaluated all three proposals. All team members selected the LDV proposal as the first choice and said that the vehicle would meet the Police Department’s needs. The LDV proposal was also reviewed by Roger Schweitzer, City Shops mechanic and found to meet the specifications for mechanical and electrical. Member of the Police Department will travel to Wisconsin to conduct an acceptance inspection of the vehicle and transport the vehicle back to Grand Island. The Police Department is recommending accepting the proposal from Lynch Diversified Vehicles, LDV, of Burlington, Wisconsin for a 2003 Ford E450 for a cost of $59,525. LDV is one of the largest suppliers of special service vehicles in North America and has designed engineered and manufactured over 20,000 specialty service vehicles worldwide. The $59,525 cost exceeds the budgeted line item amount of $15,000 for the Tactical Team Vehicle. The Police Department has $19,740 remaining in the department’s capital account line item for vehicles due to savings on other vehicle purchases. The remaining $24,785 over budget in total capital purchases will be allowed due to underruns in the Police Department’s operating and/or personnel budget categories for the 2013-2014 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 the purchase of a 2003 Ford E450 cab with chassis box truck with walk through design equipped as specified in the request for proposal from Lynch Diversified Vehicles of Burlington, Wisconsin for $59,525. Grand Island Council Session - 5/27/2014 Page 248 / 366 Sample Motion Move to approve the purchase of a 2003 Ford E450 cab with chassis box truck with walk through design equipped as specified in the request for proposal from Lynch Diversified Vehicles of Burlington, Wisconsin for $59,525. Grand Island Council Session - 5/27/2014 Page 249 / 366 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR MULTIUSE VEHICLE RFP DUE DATE:May 14, 2014 at 4:00 p.m. DEPARTMENT:Police PUBLICATION DATE:April 21, 2014 NO. POTENTIAL BIDDERS:7 SUMMARY OF PROPOSALS RECEIVED Mag Specialty Vehicles Lynch Diversified Vehicles, Inc. Kearney, MO Burlington, WI Farber Specialty Vehicles Reynoldsburg, OH cc:Steve Lamken, Police Chief Dean Elliott, Police Captain Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent P1732 Grand Island Council Session - 5/27/2014 Page 250 / 366 Grand Island Council Session - 5/27/2014 Page 251 / 366 Grand Island Council Session - 5/27/2014 Page 252 / 366 Grand Island Council Session - 5/27/2014 Page 253 / 366 Grand Island Council Session - 5/27/2014 Page 254 / 366 Grand Island Council Session - 5/27/2014 Page 255 / 366 Grand Island Council Session - 5/27/2014 Page 256 / 366 Grand Island Council Session - 5/27/2014 Page 257 / 366 Grand Island Council Session - 5/27/2014 Page 258 / 366 Grand Island Council Session - 5/27/2014 Page 259 / 366 LD LDV, Inc. | 80 tndBhiol Dtive Bulingt@, Wl 53105 800.558.5986 Fd262763.0t56 ww ldvuso com PRELIMINARY SPECIFICATIONS FOR: RAPID RESPONSE VEHICLE LDV MODEL # MCC26 May 12,2014 Grand Island Council Session - 5/27/2014 Page 260 / 366 LD PRIGING PAGE: Totalcommercialprice as specified, FOB Burlington, Wl USA Commercial discounted price as specified Delivery to Grand lsland Nebraska. Add: Delivery terms: On or before September 1,2014 PaymentTerms: Net30 Quote is firm for 60 dap from specification date Quoted price does not include any applicable FET, federal, state or local tax unless sDecified LDV,lnc. 180lnd6fr'@l &ive Buiington. Wl 53105 800.558.5986 Fq262763.0t56 ww-lctvuso.coh Grand Island Council Session - 5/27/2014 Page 261 / 366 LD 180 hdustiol Dive Burlington, Wl 53105 800.558.5986 Fox 262.763.0156 www.tovuso.com 2003 Ford E450 Super Du GVWR with spring rear suspension..6.81Gas V10 . Transmission: Electronic 4 - speed auto trans. 4.56 rear axle ratio. Power brakes. Power steering . Tires - LT225n5RX16E Alt-season. 16" steelwheels . Engine block heater . Charcoal painted front bumper. Mirrors - Stainless Velvac . One (1) high back seat for driver. One (1)jump seat for passenger (removable). Air conditioning . Stereo - AM/FM . Medium flint cloth interior. Passenger air bag delete. Vinylfloor covering - front. Manual locks & windows . Color - Oxford white clear coat. DOT triangle reflector kit with three (3) triangles. Brand New: Replace all six (6) tires with new tires. . Unfinished interior height 84" and exterior width of 96". Ceiling length 17' with a load space floor length of 15' 1 1" ' Single 42" wide rear door with Hansen hardware 42" wide X 77" high. Interior and exterior handles.' 30" wide sliding passenger door with sliding upper and fixed lower window ' Two (2) door entry handles. one (1) by side entry door and one (1) by rear door.' Back up alarm - Ecco sAg0lelectric 82db to 107db automatic sensor adjustor base color shall be white. Zone Defense color back up camera system with 7' LCD monitor w1h daynight camera.. Vehicle height sign on dash. 'Vehicle shall have a Final Stage Vehicle Certification and Altered Vehicle Certification as requiredby Federal Motor Vehicte Safety standards (FMVSS) 49 cFR part 567.5 and s6T.7' Payload sticker in cab area with vehicle axle load ratings and available axle payload as built. Grand lsland P D. (NE) MCC26 njp 5t12t2014 Grand Island Council Session - 5/27/2014 Page 262 / 366 LI 180 lndustiol Dive Burlington, Wl 53105 800.558.5986 Fox 262.763.0156 www.lovuso.corn Item Qtv 5.00 WALLS. CEILING AND FLOOR: 5.01 ' Walls are insulated with a minim um 2 112" of sound attenuation # M4O fiberglass, and install 3/4" and 112" plywood furring strips (preferred space for insulation and outlet depth).. 3/4" plywood sub-wall covering. Includes trim for rear door. ' Cover side walls, rear wall, cab divider and rear door in carpet (color - Solar Eclipse). ' Insulate ceiling with paperbacked fiberglass and install 1/2" CDX grade plywood furring strips.. f nstall 112" UL grade plywood sub-ceiling.. Cover ceiling in carpet (color - Saturn Grey).. LonsealLoncoin ll Flecks 150 Onyx non-skid commercialgrade pVC flooring.. Aluminum floor trim in all areas of entry. 6.00 ISEATTNG: Brand New: Fabricate and installfixed bench seating with aluminum base and removable cushions as shown on drawing. Bench seat cushions shall be covered in heavy-duty vinyl. Inside of seat base to be _ storage where possible. BENGH SEAT REQUIREMENTS: . Foam for seat backs and bottoms shall be firm density 'All bench seating material must meet Federal Motor Vehicle Safety Standards part 571.302 Flam mability of Interior Materials. . Material corners shall be squared or angled to fit precise cut of foam.. Foam shall be bonded to plywood backer with industrial grade adhesive. Stapling of fabric/vinyl to backer with industrial grade upholstery staples. ICABINETS: Brand New: (unless noted otherwise) Custom fabricated aluminum cabinets located as shown on drawing. Cabinet specifications: ' Base cabinets constructed of 0.080" powder coated aluminum with anodized aluminum frames. ' Base cabinet doors are double shell, formed from a single sheet of 0.080" aluminum, with a 0.040" aluminum door back attached. ' Overhead cabinets constructed of 0.064"powder coated aluminum with anodized aluminum frames. ' Overhead cabinets doors are double shell, formed from a single sheet of 0.064" aluminum, with a 0.040' aluminum door back attached. ' Overhead cabinets doors swing up on a full-length aluminum hinge, and are held open with a locking door stay. ' Overhead cabinets to have one adjustable shelf per door (24" high and taller cabinets only) - locked in place to your selected height. Shelves are formed from a single sheet of 0.064" mill finish aluminum, with 1 1/8" hemmed edges. _Triple pedestal removable custom laminate table Sft long.4 Custom fabricated aluminum framed dry erase marker board with pin strip.1 Storage system for customer supplied equipment. System to consist of the following:. E-track mounted to wall or bulkhead, 40ft total, 3 rows per storage area. Nine ratcheting straps for E-track, one oer row 6.01 6.02 7.00 7.01 7.02 7.03 7.04 Grand lsland P.D. (NE) MCC26 njp 5t12t2014 Grand Island Council Session - 5/27/2014 Page 263 / 366 LD Burlingfon, WI 53105 800.558.5986 Fox 262.763.0156 www.ldvuso.com Model # 935 evaporator cooling and heating climate system to have the following specifications: . Mounted on ceiling or at floor level and runs off engine . Delivers 32,000 BTU of cooling power @ 650 cubic feet of air flow per minute . Delivers 23,000 BTU of heating power @ 650 cubic feet of air flow per minute. Mounted faceplate with 4 adjustable louvers . Blower assembly is a three speed magnet motor cased in steel . Dimensions 18 314" Lx 13 114" W x 9 1/4" H Brand New:1 Coleman Polar Mach 9200 series low profile air conditioner. Includes: .9223-C87613,500 nominal BTU air conditioner with condensate pump. . 9330-8715 Ceiling Assembly with 5,600 BTU heat strip 1 20 I24OV AC ELECTRICAL SYSTEM : Brand New:1 Onan Commercial QG 5500 5.5kW 120 volt AC generator HGJAE (or current model) mounted in custom fabricated all aluminum compartment. Product features: . Sound rating at 10 ft (3 m) full load: 70 dB(A) . Cummins Onan OHV engine . Overspeed/underspeed protection . Fuel consumption is as follows: 50% load = 0.73 GPH, full load = 1.22 GPH Compartment shall be constructed to the following specifications: . Compartment shall be constructed from 0.187" aluminum with allwelded seams. . Compartment shall have 0.125" aluminum doors and 0.125" aluminum frames. . Door frames shall be riveted to the body and welded to the compartments. . Doors shall have stainless steel hinges attached to the doors and door frames with stainless machine screws. . Doors shall have slam latches and flush mounted handles. . Doors shall be held open in a 90" position with gas charged lifUsupport cylinders. . Doors shall be sealed with industrialgrade neoprene gasket. . Compartment shall have internal lighting when door is open. . Generator will be on heavy duty slides.o Note: Length of auxiliary pickup tubes (generator) shall prevent these devices from using more than 75% of vehicle's fuel tank capacity. Brand New:1 Hardwired Transient Voltage Surge Suppressor (TVSS) protection for entire AC power system, # 17120001 (or current model). Product features: . Tested to 25,000 Amps Fault Current per NEC Article 285 . UL US listed: U11449 2nd Edition . NEMA 4 plastic enclosure: 6.28"(H) x 4.18"(W) x 3.33"(D) . 2 Green LED indicators, one for each line . Red LED indicator for reduced or lost protection Brand New:1 60A-120l24oYac control panel with six (6) AC Breakers with 604 Gen/Shore Selector & meter (15140129) 15A-125Vac shore power inlet. Brand New:1 HUBBELL USB Charger Receptacle Tamper-Resistant Duplex - 125Vac Duplex Outlet, Two USB 3 Amp. SVDC, Tvpe A, 2.0 (150801 Grand lsland P.D. (NE) MCC26 njp 5t12t2014 Grand Island Council Session - 5/27/2014 Page 264 / 366 LDV, lnc. 180 lndustriol Dive Burlington, Wl 53105 800 558.5986 Fox 262 763.01 56 www.tovuso.com Item Qtv I 9.06 5 Specification grade 20A-125Vac duplex receptacle. Receptacle is not dedicated to any installed equipment.2 Specification grade 20A-125Vac exterior GFCI duplex receptacle with weatherproof PVC cover. GFCI receptacles will be wired in pairs to 20A circuit breakers located in the 120Vac electrical load _distribution center.1 lXantrax Portawattz 700W inverter. Inverter to power 125Yac duplex receptacle located at storage lcabinet. 9.07 9.08 10.00 I 12VDC ELECTRICAL SYSTEM: 10.01 1 160 amp electronic converter/charger. Brand New:2 6V Deep Cycle Glass Mat Batteries mounted in the interior.1 Battery Combiner to charge auxiliary batteries as needed while chassis is running.-Tl12Vdc control panelwith seven (7) UL listed magneticihydraulic circuit breakers with red LED I indicators with 12Ydc digital voltmeter. Brand New:3 Thin-Lite model 616 18" red 12Vdc fluorescent light fixtures located as shown on drawing.- O +A' flYdcfluorescent lights located as shown on drawing.+ Note: RedAlVhite lights to be on separate switch/circuit than other overhead lighting. Brand New: 3 Whelen 810 Series white quartz halogen scene light with 8-32' optics, model number 81OCAOZR _(or current model). Locations: . One (1) street side . One (1) curb side . One (1) rear RADIOS: Brand New:1 Install customer supplied communications radio in cab of vehicle. Installation includes: . NMO-style base on the roof or antenna raceway, as applicable. . LMR195 antenna cable routed to radio transceiver location in Carlon Carflex ENT conduit.. 12Vdc power routed to radio transceiver location.--_-lnoor nccess' Brand New:1 15" wide roof access ladder mounted on rear. Ladder features: . Allwelded construction for maximum strength . 1" diameter X 0.083" brush finished tubular aluminum rails Aluminum grip-strut rungs1 Diamond plate catwalk on roof 2ft wide from front to rear of truck roof.----_] mrsceltRreous rreus, Brand New:1 5 pound dry chemical fire extinguishers.1 First Aleft 9-volt combination Carbon Monoxide and Smoke alarms. 10.02 10.03 10.04 1n nA 10.06 10.07 11.00 11.01 12.00 12.O1 12.02 '13.00 13.01 13.02 Grand lsland P D (NE) MCC26 njp 5t12t2014 Grand Island Council Session - 5/27/2014 Page 265 / 366 LD Bulington, Wl 53105 800-558.5986 Fox 262.763.0156 www.lovuso.com Grand lsland P.D. (NE) MCC26 njp 5l't212014 Grand Island Council Session - 5/27/2014 Page 266 / 366 LD urH DrElstED uEilq$ lIHEST Snmrm. lunfiuruYAuE. 180Industial Drive Burlington, Wl 531(F Phone 262-768-0147 Fax262-761-2529 2003 Multiuse Vehicle The vehicle LDV is proposing for this RFP for a Multiuse Vehicle is a 2003 Ford E450 with a 16, body with approximately 22,000 miles, which was used by Striking Solutions (450 Satellite Blvd NE STE H, Suwanee GA30024-7135) as a promotional vehicle to display their merchandise. This vehicle will be modified as necessary to comply with the RFP specifications wherever possible; when it is not possible, alternates will be provided and explained. Here are a few pictures of the vehicle, which is currently located at LDV's headquarters in Burlington, Wisconsin: www.IDUUSA.com Grand Island Council Session - 5/27/2014 Page 267 / 366 LD lYrc[ UYEn$F|E0 YEIilGUE I HIHIEST STAf,oAnoS. I urrat[llEo uAtuE. 180 Industsial Drive Burlington, Wl 53105 Phone 262-76i1-0147 Fax262-767-2529 www.LDVUSA.com Grand Island Council Session - 5/27/2014 Page 268 / 366 Dean Elliott From: Sent: To: Subject: Dean Elliott Friday, April 18, 2014I:32 pM cityclerk@ grand-islano.com FW: TRT Specs. Here is the list of companies I will send individual emails to. I have either communicated with peopleor representatives at these companies. Capt. Elliott From: Dean Elliott Sent: Friday, April 18, Z0L4I:27 pM To: Dean Elliott Subject: FW: TRT Specs. Jerry Phillips Senior Sales Specialist / Design Consultant - "28 Years" Member: International Association of BombTechnicians & Investisators LDY- tyxgr !n[f;slfte8 tEXt€l$ J i1:,gsr<1 py$]is$$s9. i6l$et$Hs$ 'sAl:iE. 180 Industrlal Drive . Builington . WI 53i05 Office Direct: 262 ZSZ 2453 Toll Free: 800 SSB 59B6 Elt: 2433 Mobile: 4t4 349 S6t9 h tto : //www. ldvusa. com/ iphillips@ldvusa.com *******************************************************************************************************x*********** MAG TRUCKS Brad Carlson brad@magtrucks.com MAG Trucks 105 S. Jefferson, $uite C3 Kearney, MO 64060 Physical: 405 S. Leonard St. Liberty, MO 64068 Main:(800) 805-6818 x 101 | Fax: (816) 366_3952www,maqtrucks.com I www.maqspecialty.com | @ Grand Island Council Session - 5/27/2014 Page 269 / 366 ** * )t**** * ********************* *** ****** ****** **** **** ** tr** ** ** * ** ********* * ******* ********* **** ********** * ** ** * * * ** & fhrery$g"b , . : ,...tr* sr-\ $4 $trl$ rc. ffi .t'/ i tli.t L 1,;,r,ti :! i t, ,. - #'***..S** -f*ll Fr*e. i,3il0j 33i-318S' 9!:Jtint-<;€:"Jrl:e.sl:*irr::J +f, *l '. ''-, .. :.':1 --"..:,.'a r ... l"*1el_:nl*:t*r l*;p *lri,lrti-ei:irrr: friva*,f*rr*5 *it" :.'l*i] ***************************rk**************************************************rt********rk***************x*********** Note Seely Corrversion Specialist {:?:r Odyssey Speciotty Vehictes 3l / Richqrd tv4ine Rood I Whorton, NJ 07g85Desk: 973-328-2667 x31t I Ceil: 201_396_6519 Fex'. 973-328-2639 www.odyssevo uto.com h ttp ://www. od vsseva uto. com/ve h i c les/ste p va n s/n ewh a ve n p d -2 . h tm I * *** *** ** **** ******* ******* ** ** *** ******** ****** *** *** * ** ** ***** * ** * * *** ** *********** ** ******** ******* ****** ** ***** r: .'i"i,.l :.S-f -\g"*.** "&, $sYssffiY -giffiffi-f$usw*#ffi $peciatty Vehletes $afes ffi r$*JntrfJfdtr 1-S??_5$6-355S ---*-ffi;d s{rFrHFax 1-g I 7-6 jt 1-9982 I l:' Grand Island Council Session - 5/27/2014 Page 270 / 366 * *** *********** ********* ***** ** ****** ********* ** *** *** ** ** * ** *** ** * ********* **** ****** ******** **** *** **** ******* * * ******* * **** m'.i-:-!Eg4IrHEwg InU'q'3ssf r r' rv ;:";:,::-.:.: ffi $ry, 1ii1 $ Srving itd, Gr.iensbofo. NC::74il$ Nicole Carter Matthews Specialty Vehicles, Inc. Sales & Marketing Coordinator Office (877) 905-4678 ext.21,4 *** * * ******* ****************if*** ** * **** ** ****** * * * **** ** ***** *** **** *** ****** ****tf**** ****** ******** * **x*** ** *** ** ************* !,;;l':' 1 Ask for Bave Rabuck in Sal*$; Telephcne: d80.q$4, ZS$l Fax: 4S{.d64.59*$ Hoilrs: tr'londay - frid*1, S.tlS'3. ilr: Address: *ilalit:,'Ygns 1S,'t3 5. tndiar B*r]rl R* TemFe ;7 fC-raa Unite{l Stal*s co ve h icles/swaUswat--step-va n Capt. Elliott From: Steve Lamken Sent: Friday, April 11, 2014 9:2g AMTo: Dean Elliott Subject: RE: TRT Specs. UA -sh Grand Island Council Session - 5/27/2014 Page 271 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-129 WHEREAS, The Police Department’s current multiuse vehicle used by Tactical Response Team, Hostage Negotiators, and Crime Scene and Command is no longer reliable for emergency service; and WHEREAS, the Police Department prepared and submitted an request for proposal for a new or used multiuse vehicle; and WHEREAS, the request for proposal was mailed to seven vendors and advertised in the local newspaper, and WHEREAS, Lynch Diversified Vehicles, LDV, of Burlington, Wisconsin submitted a proposal for a 2003 Ford E450 vehicle for $59,525.00 that meets the specifications of the request for proposal. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, move to approve the purchase of a 2003 Ford E450 cab with chassis box truck with walk through design equipped as specified in the request for proposal from Lynch Diversified Vehicles of Burlington, Wisconsin for $59,525.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 272 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-21 #2014-130 - Approving Designated Depositories and City Treasurer Authorizations Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 5/27/2014 Page 273 / 366 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:May 27, 2014 Subject:Approving Designated Depositories and City Treasurer Authorizations Item #s:G-21 Presenter(s):Jaye Monter, Finance Director Background The last update of this document occurred in December 2010. It is now necessary to update the comprehensive list of depositories to reflect one name change that has occurred and add one additional bank to the approved list. Discussion The document updates the name change of Platte Valley State Bank to First National Bank and adds Bank of the West. The list as included in the Resolution is comprehensive. The change is included in paragraph number 1 of the resolution; there were no changes to any of the remaining paragraphs. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Resolution as presented. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the changes to the depository institutions. Grand Island Council Session - 5/27/2014 Page 274 / 366 Sample Motion Move to approve the designated depositories. Grand Island Council Session - 5/27/2014 Page 275 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-130 WHEREAS, in Section 16-712, R.R.S. 1943, the city treasurer shall deposit, and at all times keep on deposit, for safekeeping, in banks or capital stock financial institutions of approved and responsible standing all money collected, received or held by him/her as city treasurer; and WHEREAS, in Section 16-713, R.R.S.1943, the city treasurer may purchase certificates of deposit from and make time deposits in banks or capital stock financial institutions selected as depositories of city funds; and WHEREAS, in Section 16-714, R.R.S. 1943, for the security of the fund so deposited, the city treasurer shall require each depository to give bond for the safekeeping and payment of such deposits and the accretions thereof, which bond shall run to the city and be approved by the mayor. WHEREAS, in Section 16-715, R.R.S. 1943, In lieu of the bond required by section 16-714, any bank, capital stock financial institution, or qualifying mutual financial institution making application to become a depository may give security as provided in the Public Funds Deposit Security Act to the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that 1.Wells Fargo Bank Nebraska, N.A.; Great Western Bank; USbank, Union Bank and Trust Co.; Nebraska Public Agency Investment Trust (NPAIT); Smith Hayes Financial Services Corporation; ICMA Retirement Corp.; A.G. Edwards & Sons, Inc.; Ameritas Investment Corp.; Home Federal/Grand Island; The Equitable Building and Loan Association; First National Bank of Omaha; Five Points; Bank of New York Mellon; Cornerstone Bank; Exchange Bank; and Bank of the West be and hereby are, designated and approved as depositories for all money collected, received or held by the City of Grand Island, Nebraska. 2.The Finance Director or his/her designee, in his/her official capacity of the office, is directed and authorized to deposit such funds in said banks and capital stock financial institutions. 3.This authorization shall include the deposits of public funds in the hands of the Finance Director or his/her designee belonging to the City of Grand Island, Nebraska; the Tri-City Task Force; and the Grand Island Community Redevelopment Authority (CRA). 4.The Finance Director or his/her designee is hereby authorized to purchase certificates of deposit, treasury notes, treasury bills, treasury bond Grand Island Council Session - 5/27/2014 Page 276 / 366 - 2 - and or strips from the above named banks and capital stock financial institutions selected as depositories. 5.The Finance Director or his/her designee is hereby authorized by the mayor to require the depositories designated by this resolution to give security for the safekeeping and payment of City deposits and the accretion thereof, such security to be in the form and amounts as required by Nebraska statute and the Public Funds Deposit Security Act. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 277 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item G-22 #2014-131 - Approving Bid Award - Vinyl Sea Wall Construction at Sucks Lake Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 5/27/2014 Page 278 / 366 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:May 27, 2014 Subject:Bid Award for Vinyl Seawall Construction at Sucks Lake Item #’s:G-22 Presenter(s):Todd McCoy, Parks and Recreation Director Background Sucks Lake is a popular city park with trial access, picnic areas, playgrounds, and an urban lake. Citizens enjoy accessing the lake for viewing waterfowl and fishing. The lake is kept stocked with fish by the Nebraska Game and Parks Commission. The north shore of Sucks Lake has become eroded in recent years. Erosion creates accessibility issues and if left unchecked will become worse. Grand Island Council Session - 5/27/2014 Page 279 / 366 Discussion The Parks and Recreation Department is recommending adding a vinyl seawall to the north shore of Sucks Lake similar to the wall currently in place on the west end of the lake. These types of walls provide excellent shoreline access for fishing and enhance the overall aesthetics of the lake. Five bids were received for materials and installation of a vinyl seawall on the north side of Sucks Lake. Inland Marine Construction, Nebraska City, NE $80,850.00 Greenworks Landscaping & Design, Grand Island, NE $107,001.30 Platte River Designs, Columbus, NE $107,677.50 Diamond Engineering Co., Grand Island, NE $137,000.00 General Excavating, Lincoln, NE $160,230.00 Staff recommends Inland Marine Construction of Nebraska City to install the vinyl seawall. Inland Marine has good experience in the installation of vinyl seawall projects. The project will be funded by the Parks Misc. Capital Account 40044450-90027. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 5/27/2014 Page 280 / 366 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 City Council award the bid for the installation of the Vinyl Seawall at Sucks Lake to Inland Marine Construction of Nebraska City, Nebraska. Sample Motion Move to approve the installation of the Vinyl Seawall at Sucks Lake to Inland Marine Construction for a total of $80,850.00. Grand Island Council Session - 5/27/2014 Page 281 / 366 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:May 6, 2014 at 2:00 p.m. FOR:Vinyl Sea Wall Construction at Sucks Lake DEPARTMENT:Parks & Recreation ESTIMATE:$125,000.00 FUND/ACCOUNT:40044450-90027 PUBLICATION DATE:April 22, 2014 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:General Excavating Inland Marine Construction Lincoln, NE Nebraska City, NE Bid Security:Universal Surety Co.Cashier’s Check Exceptions:Noted None Bid Price: Price Per Linear Ft.:$218.00 $110.00 Total Price:$160,230.00 $80,850.00 Bidder:Diamond Engineering Co.Greenworks Landscaping & Design Grand Island, NE Grand Island, NE Bid Security:Universal Surety Co.Cashier’s Check Exceptions:Noted None Bid Price: Price Per Linear Ft.:$186.39 $145.58 Total Price:$137,000.00 $107,001.30 Grand Island Council Session - 5/27/2014 Page 282 / 366 Bidder:Platte River Designs Columbus, NE Bid Security:Cashier’s Check Exceptions:Noted Bid Price: Price Per Linear Ft.:$146.50 Total Price:$107,677.50 cc:Todd McCoy, Parks & Rec. Director Patti Buettner, Parks & Rec. Secretary Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent P1733 Grand Island Council Session - 5/27/2014 Page 283 / 366 CONTRACT AGREEMENT THIS AGREEMENT made and entered into this day of , by and between Inland Marine Construction hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for and in consideration with the VINYL SEA WALL CONSTRUCTION AT SUCKS LAKE; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his, or their successors, as follows: ARTICLE I. That the Contractor 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 contract documents as listed in the attached General Specifications, scope of work, and specific plans said documents forming the contract 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 contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of Eighty thousand eight hundred fifty Dollars $ 80,850.00 for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor 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 contractor 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 contractor. 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 contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor'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 VINYL SEA WALL CONSTRUCTION AT SUCKS LAKE. ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required insurance and bonds are approved, and that the Contractor shall complete the work by June 30, 2014, unless circumstances prohibit working conditions for the Vinyl Sea Wall Construction at Sucks Lake. It is understood and agreed that time is the essence of the contract. Page 1 of 2 Grand Island Council Session - 5/27/2014 Page 284 / 366 CONTRACT AGREEMENT (Continued) ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor 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 contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. The Contractor further agrees to maintain a drug- free workplace policy. ARTICLE VI. 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 a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. Contractor ______________________________________ By _____________________________________Date _____________________________ Title ___________________________________________ CITY OF GRAND ISLAND, NEBRASKA, By ____________________________________Date _____________________________ Mayor Attest: ________________________________________ City Clerk The contract, bonds and insurance are in due form according to law and are hereby approved. _______________________________________Date _____________________________ Attorney for the City Page 2 of 2 Grand Island Council Session - 5/27/2014 Page 285 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-131 WHEREAS, the City of Grand Island invited sealed bids for Vinyl Sea Wall Construction at Sucks Lake, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on May 6, 2014, five (5) bids were received, opened and reviewed; and WHEREAS, Inland Marine Construction from Nebraska City, NE submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $80,850.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Inland Marine Construction from Nebraska City, NE, in the amount of $80,850.00 for Vinyl Sea Wall Construction at Sucks Lake is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 286 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item H-1 Consideration of Approving Request from Hooker Bros. Sand & Gravel, Inc. for a Conditional Use Permit for a Sand and Gravel Operation located at 3860 South Locust Street This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Craig Lewis Grand Island Council Session - 5/27/2014 Page 287 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item I-1 #2014-132 - Consideration of Approving Professional Services for Library Bioinfiltration Garden Greener Nebraska Towns Grant Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 5/27/2014 Page 288 / 366 Council Agenda Memo From:Community Development Division Meeting:May 27, 2014 Subject:Approving Professional Services Grand Island Public Library Bioinfiltration Garden Greener Nebraska Towns Grant Item #’s:I-1 Presenter(s):Steve Fosselman, Library Director Jaye Monter, Finance Director Background In March of 2011, the City of Grand Island was one of eight Nebraska communities that received a $55,000 Greener Nebraska Towns Program grant. This grant consists of $25,000 for a Water Wise project and $30,000 for Tree Plantings. This grant has assisted in Grand Island’s vision to create short and long-range greenscape goals and a green community education plan. The dollar for dollar required match required for this grant will consist of in kind services from staff and approved use of funds from the Library Board’s Edith Abbott Memorial Library Projects account in the special revenue 295 fund, and from the Stormwater Grant account in the Special Revenue 251 Fund. Due to relinquished grant funds from one or more of the other seven Nebraska communities, Greener Nebraska Towns notified the City in March of this year the portion of the grant amount associated with the Water Wise project for the City Of Grand Island would increase from $25,000 to $48,000. City staff identified the Grand Island Public Library as an ideal site to design and construct a bioinfiltration garden for the water wise portion of the grant as a continuation of the library’s Building Program Document guiding the 2007 building expansion and renovation regarding sustainability. The 2007 library building expansion resulted in the closing of Washington Street between 2nd and 3rd streets specifically related to safety between the library and the designated parking lot. The construction of the educational green community biofiltration garden will subsequently remove eight parking spaces, leaving the number of parking spaces still significantly higher than required for in City Code. Grand Island Council Session - 5/27/2014 Page 289 / 366 In January of 2013, Council approved resolution 2013-18, authorizing Kinghorn Gardens, a landscape and design firm out of Omaha, Nebraska, as contractor for design services for the bioinfiltration project. Discussion With the design services complete, the City through the bid process received one bid from Vlcek Gardens for $42,885.19. Vlcek Gardens is a reputable firm with staff experienced with landscape projects similar to the proposed bioinfiltration garden at the Grand Island Public Library. The project has been scheduled to commence after the conclusion of the library’s Summer Reading Program to avoid any construction conflicts with patrons. During the Summer Reading Program, children and parents will learn about this waterwise project and will be invited to the community planting day in September. The City Staff recommends the contract be awarded to Vlcek Gardens for the amount of $42,885.19 for construction of the City Of Grand Island’s first Bioinfiltration Garden at the Grand Island Public Library. 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 contract for construction services of the Grand Island Public Library Biofiltration to Vlcek Gardens for $42,885.19. Sample Motion Move to approve contract to Vlacek Gardens for $42,885.19 for construction services of the Grand Island Public Library Biofiltration Garden. Grand Island Council Session - 5/27/2014 Page 290 / 366 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:March 25, 2014 at 2:15 p.m. FOR:Public Library Stormwater Garden Project DEPARTMENT:Community Development Division ESTIMATE:$30,000.00 FUND/ACCOUNT:25111601-25108 PUBLICATION DATE:March 10, 2014 NO. POTENTIAL BIDDERS:1 SUMMARY Bidder:Vlcek Gardens, Inc. Chapman, NE Bid Security:Cashier’s Check Exceptions:Noted Bid Price:$54,399.02 Alternate:$56,159.02 cc:Cindi McDowell, Community Development Admin. Jaye Monter, Finance Director Mary Lou Brown, City Administrator Stacy Nonhof, Purchasing Agent P1723 Grand Island Council Session - 5/27/2014 Page 291 / 366 Grand Island Council Session - 5/27/2014 Page 292 / 366 CONTRACT AGREEMENT THIS AGREEMENT made and entered into this 27th day of May, 2014, by and between Vlcek Gardens, hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published, for construction of Public Library Stormwater Garden Project; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself or themselves, and its or their successors, as follows: ARTICLE I. That the Contractor 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 contract documents as listed in the attached General Specifications, said documents forming the contract 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 contract to the said Contractor, such award being based on the acceptance by the City of the Contractor's bid; ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of forty two thousand eight hundred, eighty five dollars and nineteen cents ($42,885.19) for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. ARTICLE III. The contractor 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 contractor 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 contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless Public Library Stormwater Garden Project Grand Island Council Session - 5/27/2014 Page 293 / 366 Contract Agreement 2/4 of the method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the contractor'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 Public Library Stormwater Garden Project. ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required bond is approved. Work shall be completed no later than September 20th, 2014. ARTICLE V. 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 VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor 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. ARTICLE VII. During the performance of this contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability and to comply at all times with all applicable state and federal civil rights acts and executive orders of the President of the United States. ARTICLE VIII. Every public contractor and their subcontractors who are awarded a contract 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. ARTICLE IX. 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 a contract or subcontract, 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 subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. ARTICLE X. The City reserves the right to terminate this contract at any time upon sixty 60 days notice. If the contract is terminated, the contractor will be compensated for any services rendered to date of termination. ARTICLE XI. 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. Public Library Stormwater Garden Project Contract Agreement 3/4 Grand Island Council Session - 5/27/2014 Page 294 / 366 ARTICLE XII. LB 403: Every public consultant and his, her or its subconsultants 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 Contract Agreement as of the date and year first above written. By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: City Clerk The contract and bond are in due form according to law and are hereby approved. Date Attorney for the City Public Library Stormwater Garden Project Contract Agreement 4/4 Grand Island Council Session - 5/27/2014 Page 295 / 366 APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1)Compliance with Regulations: The Contractor 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 Contractor, 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 subcontractors, including procurements of materials and leases of equipment. The consultant 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 Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the consultant for work to be performed under a subagreement, including procurements of materials or leases of equipment, each potential subcontractors or supplier shall be notified by the contractor of the contractor 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 contractor 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 contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor 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 Contractor’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 contractor under the agreement until the contractor complies, and/or (b.)cancellation, termination or suspension of the agreement, in whole or in part. (6)Incorporation of Provisions: The contractor 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 Contractor 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 contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor t 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 contractor may request the United States to enter into such litigation to protect the interests of the United States. Grand Island Council Session - 5/27/2014 Page 296 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-132 WHEREAS, the City of Grand Island, Nebraska, in March 2011 received a $55,000 grant from the Greener Nebraska Towns Grant Program through the Nebraska Statewide Arboretum Division consisting of $25,000 for a Water Wise project and $30,000 for Tree Planting; and WHEREAS, the City Of Grand Island was notified in March of 2014 that additional grant funds would be added to the Water Wise portion of the grant making a total of $48,000 for the Water Wise project portion; and WHEREAS, the City, in January of 2013 approved resolution 2013-18 authorizing Kinghorn Gardens, a landscape and design firm from Omaha, NE as contractor for the design services for the bioinfiltration project at the Grand Island Public Library; and WHEREAS, Vlcek Gardens submitted a contract for landscape and bioinflitration garden construction in the amount of $42,885.19 for the Grand Island Public Library Bioinfiltration Garden: and WHEREAS, the proposed agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to award a contract to Vlcek Gardens in the amount of $42,885.19 for construction services and the Mayor is hereby authorized and directed to execute such documents on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 297 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item I-2 #2014-133 - Consideration of Approving FTE Amendment for the Finance Department Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 5/27/2014 Page 298 / 366 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:May 27, 2014 Subject:Approving Amendment to Finance Personnel FTE Budget Allocation Item #’s:I-2 Presenter(s):Jaye Monter, Finance Director Background During my fourteen year tenure in the Finance Department, I have played an instrumental role in the evaluation of work flow and the evolution of processes in the Finance Department. The total number of employees in the Finance Department has been reduced over time during my tenure due to leveraging technology to optimize effort and producing desired outcomes as efficiently as possible. Additionally, to maximize efficiencies and balance workloads, we have continually focused on shifting work to employees with the appropriate knowledge and skill set. In conjunction with an upcoming retirement and implementation of the City of Grand Island’s new utility billing and customer information system followed by the implementation of the utilities department management software system, the Finance Department is requesting a change in FTEs which will result in the elimination of the Utilities Service Manager position and the addition of a Finance Department Operations Supervisor to better serve both our internal and external customers. This reorganization will provide better service at a lower cost for the Finance Department. Discussion The Finance Department is requesting to eliminate the non-union position Utilities Service Manager and replace the position with a non-union Finance Department Operations Supervisor. This will allow technical management and supervision of other operations within the Finance Department including accounts payable, accounts receivable, customer receipting for city and utility departments, utility work orders and cash management. Each of these daily technical operational functions performed by staff in the Finance Department service both city and utility departments. Grand Island Council Session - 5/27/2014 Page 299 / 366 Currently the Utilities Service Manager reports directly to the Finance Director. The new Finance Department Operations Supervisor position will report directly to the Accountant position whose full-time assignments comprise the entire accounting, budgeting and cost of service analysis functions for the electric and water funds of the City of Grand Island. Within the reorganization of the Finance department, two Senior Accounting Clerk positions will report directly to the Accountant position in order for the Accountant to direct and shift clerical duties related to utility electric and water fund accounting to the Senior Accounting Clerks. The Accountant position will report directly to the Senior Accountant to allow the Senior Accountant to become cross trained and understand all accounting, budgeting and cost of service analysis functions for the electric and water funds. This reorganization will provide the maximum efficiencies needed in the Accountant position to apply the knowledge and skill set required for the electric and water fund accounting, budgeting and cost of service analysis. With the implementation of the City’s new utility billing and customer information system, the Finance Department Operations Supervisor will manage, oversee, and assume management responsibility for the daily operational transactions of the new utility billing and customer information software system. The Accountant position will understand the daily operational transactions in order to maintain responsibility of the general ledger accounting from the new billing system into the City’s financial software system. The new utility billing and customer information system will streamline processes, and automate current manual daily operation functions as well as current manual general ledger accounting functions thereby creating future time savings in both management positions. With the City’s new utility department management software system for cost tracking of utility work order activities, our intent is for work order origination to electronically start at the utility division level and not manually in the Finance Department. The Finance Department Operations Supervisor will oversee any daily operation transactions performed within the Finance Department and the Accountant position will oversee the accounting information coming from the new utility department management system into the City’s financial software system. The proposed change will result in a reduction in overall cost of more than $20,000 annually. The FTE adjustment will result in a net zero change to the number of FTEs in the department. The impending retirement is providing the opportune time to realign duties to maximize efficiency and effectiveness. The department will function at a more optimal level with the aforementioned changes. 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 - 5/27/2014 Page 300 / 366 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 this amendment to the Finance Personnel FTE Budget Allocation. Sample Motion Move to approve the amendment to the Finance Personnel FTE Budget Allocation with an addition of a Finance Operations Supervisor and the elimination of the Utilities Service Manager. Grand Island Council Session - 5/27/2014 Page 301 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-133 WHEREAS, the City of Grand Island and the Finance Department due to an impending retirement have an opportunity to realign duties to maximize efficiencies; and WHEREAS, this Finance Department will eliminate the non-union position Utilities Service Manager and replace the position with a non-union Finance Department Operations Supervisor; and WHEREAS, the FTE adjustment will result in a net zero change to the number of FTEs in the Finance Department; and WHEREAS, an amendment to the Finance Personnel FTE Budget Allocation is necessary to allow for the elimination of the non-union position Utilities Service Manager and the addition of the non-union Finance Department Operations Supervisor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that amending the Finance Personnel FTE Budget Allocation is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 302 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item I-3 #2014-134 - Consideration of Approving Amendment to Redevelopment Plan Area #1 for Property Located at 217 N. Locust Street, the former Masonic Temple Building This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 5/27/2014 Page 303 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-134 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 1 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: property acquisition, site preparation, planning activities utilities extensions, landscaping, and fees associated with the redevelopment project. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Grand Island Council Session - 5/27/2014 Page 304 / 366 - 2 - 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 1 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission with respect to the Redevelopment Contract. 2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall be January 1, 2015 as follows: a.That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b.That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c.The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. Grand Island Council Session - 5/27/2014 Page 305 / 366 - 3 - 4.The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 306 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item I-4 #2014-135 - Consideration of Approving Award of Proposal for Engineering & Consulting Services for Step 7 Detailed Site Assessment at the Former Grand Island Disposal Area Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/27/2014 Page 307 / 366 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:May 27, 2014 Subject:Approving Award of Proposal for Engineering & Consulting Services for Step 7 Detailed Site Assessment at the Former Grand Island Disposal Area Item #’s:I-4 Presenter(s):John Collins P.E. - Public Works Director Background The City of Grand Island leased approximately 47.5 acres of private land located in Southeast Hall County from July 1966 through February 1984 to operate a landfill disposal facility to accept municipal waste in accordance with State rules and regulations. Following a local complaint to the Nebraska Department of Environmental Quality (NDEQ) in 2007 regarding groundwater in the vicinity of the closed landfill, the NDEQ conducted a preliminary assessment and site investigation. Groundwater sampling conducted during the site investigation detected four (4) volatile organic compounds (VOC) along the East property boundary at concentrations greater than their respective maximum contaminant levels (MCL). The NDEQ then hired a consulting firm to perform a Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) Site Investigation, which was submitted to the NDEQ on October 25, 2010. On October 16, 2013, the City of Grand Island received a letter from the NDEQ requiring the City to perform a Step 7 Detailed Site Assessment (DSA) for this property pursuant to Nebraska revised statutes, Title 118 – Groundwater Quality Standards and Use Classification. The purpose of the Step 7 DSA is to collect sufficient information to confirm whether or not the source of the contaminants is the former Grand Island Disposal Area. The City submitted a work plan for the Step 7 DSA to the NDEQ on March 10, 2014. This work plan was subsequently approved by the NDEQ on March 31, 2014. Grand Island Council Session - 5/27/2014 Page 308 / 366 Discussion On April 25, 2014 a Request For Proposals (RFP) for engineering and consulting services for a Step 7 Detailed Site Assessment at the former Grand Island disposal area was advertised in the Grand Island Independent and sent to four (4) potential proposers. Five (5) proposals were received on May 13, 2014 from the following firms. G.N. Kuhn Engineering, LLC of Omaha, NE SCS Aquaterra of Omaha, NE B2 Environmental, Inc. of Grand Island, NE MILCO Environmental Services, Inc. of Kearney, NE GSI Engineering of Grand Island, NE The proposals were reviewed by Solid Waste Superintendent, Jeff Wattier; Solid Waste Foreman, Russ Swanson; and Public Works Storm Water Technician, Scott Sekutera. G.N. Kuhn Engineering, LLC of Omaha, Nebraska submitted the proposal that was chosen using evaluation criteria listed in the RFP. G.N. Kuhn Engineering, LLC will provide all engineering services to perform the Step 7 Detailed Site Assessment for submittal to the NDEQ for an amount not to exceed $79,950.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the proposal by G.N. Kuhn Engineering, LLC of Omaha, Nebraska for an amount not to exceed $79,950.00. Sample Motion Move to approve the proposal by G.N. Kuhn Engineering of Omaha, Nebraska. Grand Island Council Session - 5/27/2014 Page 309 / 366 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ENGINEERING & CONSULTING SERVICES FOR STEP 7 DETAILED SITE ASSESSMENT AT GRAND ISLAND DISPOSAL AREA RFP DUE DATE:May 13, 2014 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:April 25, 2014 NO. POTENTIAL BIDDERS:4 SUMMARY OF PROPOSALS RECEIVED G. N. Kuhn Engineering, LLC MILCO Environmental Services, Inc. Omaha, NE Kearney, NE SCS Aquaterra GSI Engineering Omaha, NE Grand Island, NE B2 Environmental, Inc. Grand Island, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent Jeff Wattier, Solid Waste Supt. P1734 Grand Island Council Session - 5/27/2014 Page 310 / 366 Grand IslandCouncil Session - 5/27/2014Page 311 / 366 Grand IslandCouncil Session - 5/27/2014Page 312 / 366 Approved as to Form ¤ ___________ May 27, 2014 ¤ City Attorney R E S O L U T I O N 2014-135 WHEREAS, the City Of Grand Island invited proposals for engineering & consulting services related to Step 7 Detailed Site Assessment at the Former Grand Island Disposal Area, according to the Request Proposals on file with the Solid Waste Division of the Public Works Department; and WHEREAS, on May 13, 2014 proposals were received, reviewed, and evaluated in accordance with established criteria; and WHEREAS, G.N. Kuhn Engineering, LLC, of Omaha, Nebraska submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code with the work performed at actual costs with a maximum of $79,950.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of G.N. Kuhn Engineering, LLC, of Omaha, Nebraska for engineering & consulting services for Step 7 Detailed Site Assessment at the Former Grand Island Disposal Area 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, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 313 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item I-5 #2014-136 - Consideration of Approving RFP for Cemetery Consulting Services Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 5/27/2014 Page 314 / 366 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:May 27, 2014 Subject:Approve Consulting Firm to Provide Cemetery Expansion Site Options Evaluation and Master Planning Item #’s:I-5 Presenter(s):Todd McCoy, Parks and Recreation Director Background The Grand Island Cemetery is a 90 acre tract of land located in western Grand Island. The Cemetery facilitates approximately 160 interments annually. The property is becoming limited for space. With current conditions, it is estimated that the Cemetery will be limited in lot selection in the next few years. Cemetery Spaces Available A proposal to develop a cemetery expansion master plan was rejected on January 28, 2014 in favor of more study. A City Council study session was held on April 1, 2014. Based on City Council feedback from the study session an RFP was advertised on April 11, 2014 to consider cemetery site options and master planning. Grand Island Council Session - 5/27/2014 Page 315 / 366 Discussion Five firms responded to the Cemetery Expansion Site Options Evaluation and Master Planning RFP. Confluence of Des Moines, Iowa Landmark Engineering Ltd of Loveland, Colorado The Tribute Companies of Hartland, Wisconsin Mekus Tanger, Inc. of Chicago, Illinois Vireo of Omaha, Nebraska Confluence of Des Moines, Iowa is recommended by staff because of their proposed approach, experience, and value of their proposal. Confluence agrees to provide the following service for a contract amount not to exceed $29,670. Expansion Option Evaluation o Consider viable cemetery locations by considering acquisition costs, topography, drainage, natural resources, visibility, and other site impacts. Presentation of Findings to City Council o A development and operational cost analysis will be prepared for each site. Strengths and weaknesses of each site will be compared. Professional recommendations will be provided. Master Plan o Utilizing City Council and staff input, a conceptual master plan for cemetery improvements will be provided. Funding for the master plan will be provided by the Cemetery Trust Fund. 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 City Council hire Confluence of Des Moines, Iowa to provide Cemetery Expansion Site Options Evaluation and Master Planning for the Grand Island City Cemetery. Grand Island Council Session - 5/27/2014 Page 316 / 366 Sample Motion Move to approve hiring Confluence to provide Cemetery Expansion Site Options Evaluation and Master Planning for the Grand Island Cemetery for an amount of $29,670. Grand Island Council Session - 5/27/2014 Page 317 / 366 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR CEMETERY EXPANSION SITE OPTIONS EVALUATION & MASTER PLAN RFP DUE DATE:May 6, 2014 at 4:00 p.m. DEPARTMENT:Parks & Recreation PUBLICATION DATE:April 10, 2014 NO. POTENTIAL BIDDERS:9 SUMMARY OF PROPOSALS RECEIVED MEKUS TANGER, Inc.Landmark Engineering Ltd Chicago, IL Loveland, CO The Tribute Companies, Inc.Vireo Hartland, WI Omaha, NE Confluence Cemetery Planning Resource Alliance Des Moines, IA Denver, CO cc:Todd McCoy, Parks & Recreation Director Patti Buetner, Park & Rec. Secretary Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhoff, Purchasing Agent P1729 Grand Island Council Session - 5/27/2014 Page 318 / 366 Approved as to Form ¤ ___________ May 23, 2014 ¤ City Attorney R E S O L U T I O N 2014-136 WHEREAS, the City of Grand Island is in the process of expanding the Grand Island City Cemetery; and WHEREAS, such project will require a consulting firm to complete a Cemetery Expansion Site Options Evaluation and Master Plan; and WHEREAS, the City of Grand Island issued a Request for Proposals (RFP) for consulting services for such project; and WHEREAS, five (5) proposals were received, opened and reviewed; and WHEREAS, Confluence of Des Moines, Iowa, submitted a proposal for such services in accordance with the Request for Proposals; and WHEREAS, a contract amount of $29,670.00 has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Consultant Agreement with Confluence of Des Moines, Iowa to complete a Cemetery Expansion Site Options Evaluation and Master Plan is hereby approved at a cost of $29,670.00. 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, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 319 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item I-6 #2014-137 - Consideration of Approving Settlement for Pre-84 Police Officers Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 5/27/2014 Page 320 / 366 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:May 27, 2014 Subject:Consideration of Approving Conciliation Agreements in Atwell, Mehlin, Dubbs, Mossman, and Arnold v. City of Grand Island Item #’s:I-6 Presenter(s):Robert J. Sivick, City Attorney Background In 1983 the Nebraska Legislature passed LB237 which contained the Police Officers Retirement Act (Act), codified in Article 10(a) of Chapter 16, §§16-1001 - 1019 of the Nebraska Revised Statutes. The Act and the resulting statutes addressed issues regarding pensions for police officers employed by Cities of the First Class. In November, 2012 it was discovered in 2005 the Police Pension Committee (Committee) ceased calculating lump sum pension benefits for pre-84 police retirees on a gender specific basis. On February 5, 2013 the Grand Island City Council (Council) approved Resolution 2013-26(B) which directed the Committee to henceforth calculate those benefits on a gender specific basis. In April, 2013 retired Grand Island Police Captain Peter E. Kortum filed a complaint against the City of Grand Island (City) with the United States Equal Employment Opportunity Commission (USEEOC) alleging he suffered discrimination on the basis of his gender when the City calculated his lump sum pension benefits. Shortly thereafter five other current Grand Island Police Officers hired prior to 1984 (Jerry L. Atwell, Kerry S. Mehlin, Danny D. Dubbs, Kelly J. Mossman, and Scott B. Arnold) also filed complaints with the USEEOC alleging they would face gender discrimination when they retired Discussion Rather than litigating the matters, the City entered into settlement negotiations with the police officers named above and the USEEOC. City legal staff negotiated terms which include a provision the City will not admit violating any provision of Title VII of the Civil Rights Act of 1964 which prohibits various forms of discrimination. In addition, City legal staff negotiated terms in which any payments would not include monetary damages but be limited to attorney’s fees in the amount of $715.35 per police officer for a combined total of $3,576.75. Grand Island Council Session - 5/27/2014 Page 321 / 366 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. 2.Move to reject. Recommendation City Administration recommends that the Council approve Resolution No. 2014-137 approving the Conciliation Agreements in the matters of Atwell, Mehlin, Dubbs, Mossman, and Arnold v. City of Grand Island. Sample Motion Move to approve Resolution No. 2014-137 approving the Conciliation Agreements in the matters of Atwell, Mehlin, Dubbs, Mossman, and Arnold v. City of Grand Island and authorizing the Mayor to sign the Conciliation Agreements on behalf of the City. 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Mehlin, Sergeants Jerry L. Atwell and Danny D. Dubbs, and Officers Kelly J. Mossman and Scott B. Arnold filed complaints against the City of Grand Island with the United States Equal Employment Opportunity Commission alleging they would suffer gender discrimination when their pension benefits would be calculated in the future; and WHEREAS, on March 25, 2014 the Grand Island City Council approved Ordinance 9477 setting forth a gender neutral formula for calculating public safety pensions; and WHEREAS, the City Legal Department negotiated Conciliation Agreements with the aforementioned persons; and WHEREAS, the terms of those Conciliation Agreements included the City paying a total of Three Thousand, Five Hundred, Seventy-Six Dollars and Seventy-Five Cents ($3,576.75) representing the total of individual payments to the aforementioned persons in the amount of Seven Hundred, Fifteen Dollars and Thirty-Five Cents ($715.35) for attorney’s fees; and WHEREAS, the City Legal Department and Administration believes the Conciliation Agreements are in the best interests of the parties involved and recommends approval of such. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City approve the five separate Conciliation Agreements in the matters of Atwell, Mehlin, Dubbs, Mossman, and Arnold v. City of Grand Island (U.S. Equal Employment Opportunity Commission – 32E-2013-00656, 32E- 2013-00657, 32E-2013-00663, 32E-2013-00689, and 32E-2013-00699 respectively) and disburse a total of Three Thousand, Five Hundred, Seventy-Six Dollars and Seventy-Five Cents ($3,576.75) representing the total of individual payments to the aforementioned persons in the amount of Seven Hundred, Fifteen Dollars and Thirty-Five Cents ($715.35) for attorney’s fees pursuant to the terms of the Conciliation Agreements. That the Mayor is authorized to execute on behalf of the City the aforementioned Conciliation Agreements. - - - Grand Island Council Session - 5/27/2014 Page 363 / 366 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, May 27, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/27/2014 Page 364 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item J-1 Approving Payment of Claims for the Period of May 14, 2014 through May 27, 2014 The Claims for the period of May 14, 2014 through May 27, 2014 for a total amount of $3,676,960.82. A MOTION is in order. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 5/27/2014 Page 365 / 366 City of Grand Island Tuesday, May 27, 2014 Council Session Item X-1 Strategy Session with Respect to Threatened Litigation The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 5/27/2014 Page 366 / 366