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08-26-2014 City Council Regular Meeting Packet City of Grand Island Tuesday, August 26, 2014 Council Session - Updated 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 - Updated - 8/26/2014 Page 1 / 463 City of Grand Island Tuesday, August 26, 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 Darren Guthridge, Trinity United Methodist Church, 511 North Elm Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - Updated - 8/26/2014 Page 2 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item C-1 Presentation of the Grand Island Fire Department’s Citizen’s Citation Award to Megan Gangwish and Deb O’Hara Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - Updated - 8/26/2014 Page 3 / 463 Council Agenda Memo From:EMS Division Chief Russ Blackburn Meeting:August 26, 2014 Subject:Citizen's Citation Item #’s:C-1 Presenter(s):EMS Division Chief Russ Blackburn Background Every day, about ten people die from unintentional drowning. Of these, two are children aged 14 or younger. Drowning ranks fifth among the leading causes of unintentional injury death in the United States. More than 50% of drowning victims treated in emergency departments (EDs) require hospitalization or transfer for further care (compared with a hospitalization rate of about 6% for all unintentional injuries). These nonfatal drowning injuries can cause severe brain damage that may result in long-term disabilities such as memory problems, learning disabilities, and permanent loss of basic functioning (e.g., permanent vegetative state). Children ages 1 to 4 have the highest drowning rates. In 2009, among children 1 to 4 years old who died from an unintentional injury, more than 30% died from drowning. Among children ages 1 to 4, most drownings occur in home swimming pools. Drowning is responsible for more deaths among children 1-4 than any other cause except congenital anomalies (birth defects). Among those 1-14, fatal drowning remains the second-leading cause of unintentional injury-related death behind motor vehicle crashes. Learn Cardiopulmonary Resuscitation (CPR). In the time it takes for paramedics to arrive, your CPR skills could save someone’s life. (CDC website, Unintentional Drowning: Get the Facts) Discussion On July 4, 2014 there was party of family and friends at a house on Midaro Drive. Children had been swimming in a nearby sand pit lake with lifejackets on and adult supervision. The children were called out of the water because it was time to eat. A father went up to the house to get his daughter some food. Without anyone knowing, his daughter went out on the dock on the lake. When he returned with the food he could not Grand Island Council Session - Updated - 8/26/2014 Page 4 / 463 find his daughter. His daughter was found floating in the lake lifeless. The father pulled is daughter from the lake to the lawn and called for someone to call 9-11. Megan Gangwish heard the call for help. Megan a recent nursing school graduate and experienced Emergency Room Technician ran to help. She started doing chest compressions on the “purple,” pulseless, and not breathing child. As people ran to the house to call for help Deb O’hara heard what had happened. Deb a nurse for 38 years also ran to help. Deb found Megan doing chest compressions so she started mouth to mouth ventilations on the child. After chest compressions and about six artificial ventilations over the course of about 1 minute, the child started to breathe on her own coughing up water. This is the state the paramedics found her upon their arrival. The patient continued to regain consciousness during the ambulance trip to the hospital. She was talking to the paramedic by the time they arrived at the hospital. The girl has made a full recovery. She remembered tripping on the dock and falling into the water. If it had not been for Ms. Gangwish’s and Ms. O’Hara’s bystander CPR this story could have had a much sadder ending. Recommendation It is recommended that Megan Gangwish and Deb O’Hara be presented with the Grand Island Fire Department’s Citizen’s Citation for their life saving efforts on July 4, 2014. Grand Island Council Session - Updated - 8/26/2014 Page 5 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item E-1 Public Hearing on Request from Jacqueline E. Bowen dba j. elizabeth and the Happy Brush, 305 West 3rd Street for a Class “I” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - Updated - 8/26/2014 Page 6 / 463 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:August 26, 2014 Subject:Public Hearing on Request from Jacqueline E. Bowen dba j. elizabeth and the Happy Brush, 305 West 3rd Street for a Class “I” Liquor License Item #’s:E-1 & I-1 Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Jacqueline E. Bowen dba j. Elizabeth and the Happy Brush, 305 West 3rd Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Grand Island Council Session - Updated - 8/26/2014 Page 7 / 463 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Jacqueline E. Bowen dba j. Elizabeth and the Happy Brush, 305 West 3rd Street for a Class “I” Liquor License contingent upon final inspections and completion of a state approved alcohol server/seller training program. Grand Island Council Session - Updated - 8/26/2014 Page 8 / 463 08/19/14 Grand Island Police Department 450 14:29 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 09:19:00 08/12/2014 Occurred before : 09:19:00 08/12/2014 When reported : 09:19:00 08/12/2014 Date disposition declared : **/**/**** Incident number : L14081294 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 305 3rd St W State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 11404 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 40655 08/12/14 Bowen, Stephen T Owner NM 128294 08/12/14 Bowen, Jacqueline E Owner LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT24 LT24 Specialty Store IMAGE CODES FOR INCIDENT: Seq Imag Image code for a users description field --- ---- ---------------- ------------------------------ 1 DOC DOCUMENT Mobile Report LAW INCIDENT NARRATIVE: Liquor License Investigation Grand Island Council Session - Updated - 8/26/2014 Page 9 / 463 I received a copy of a Class I (beer, wine, distilled spirits, on sale only) Individual Liquor License application from Jacqueline Bowen for a business called j. elizabeth and the Happy Brush. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 13:06:41 08/15/2014 318 Grand Island Police Department Supplemental Report Date, Time: Fri Aug 15 13:06:57 CDT 2014 Reporting Officer: Vitera Unit- CID I received a copy of a Class I (beer, wine, distilled spirits on sale only) Individual Liquor License application from Jacqueline "Jackie" Bowen for a business called "j. elizabeth and the Happy Brush." According to the application, Jackie is married to Stephen Bowen. I did not see where Stephen had signed a Non-Participation agreement. Jackie included a detailed business plan which states in part "The mission of j. elizabeth is to create and recreate art from a variety of repurposed items, especially reclaimed window sashes." 'The Happy Brush' has a separate entrance and will be open for regular hours and for private parties. The idea behind it is that it combines a 'paint-your- own' studio where customers can come in during business hours and pick out a blank canvass or piece of ceramic pottery to paint." There will also be two rooms that can be rented for birthday, Christmas, and bachelorette parties. Whether a customer is painting during normal business hours, taking a painting class, or attending a party of some sort, alcoholic beverages will be available in all of those situations. While examining the application, the only issue that jumped out at me is the fact that a church (Iglesia Evangelica Pentecostes) across the street is within 150' of the proposed business. There is a page in the application that says Jackie submitted assessor's documents which puts the corner of the church 137 feet from the corner of Jackie's building. I Grand Island Council Session - Updated - 8/26/2014 Page 10 / 463 did not measure it myself. The Wine Bar is also within 150 of the church. Nebraska State Statute 53-177 says: (1) Except as otherwise provided in subsection (2) of this section, no license shall be issued for the sale at retail of any alcoholic liquor within one hundred fifty feet of any church, school, hospital, or home for aged or indigent persons or for veterans, their wives or children. This prohibition does not apply (a) to any location within such distance of one hundred fifty feet for which a license to sell alcoholic liquor at retail has been granted by the commission for two years continuously prior to making of application for license, (b) to hotels offering restaurant service, to regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquor is not the principal business carried on, if such place of business so exempted was established for such purposes prior to May 24, 1935, or (c) to a college or university in the state which is subject to section 53-177.01. (2) If a proposed location for the sale at retail of any alcoholic liquor is within one hundred fifty feet of any church, a license may be issued if the commission gives notice to the affected church and holds a hearing as prescribed in section 53-133 which states: (1) The commission shall set for hearing before it any application for a retail license, craft brewery license, or microdistillery license relative to which it has received: (a) Within forty-five days after the date of receipt of such application by the city, village, or county clerk, a recommendation of denial from the city, village, or county; (b) Within ten days after the receipt of a recommendation from the city, village, or county, or, if no recommendation is received, within forty- five days after the date of receipt of such application by the city, village, or county clerk, objections in writing by not less than three persons residing within such city, village, or county, protesting the issuance of the license. Withdrawal of the protest does not prohibit the commission from conducting a hearing based upon the protest as originally filed and making an independent finding as to whether the license should or should not be issued; (c) Within forty-five days after the date of receipt of such application by the city, village, or county clerk, objections by the commission or any duly appointed employee of the commission, protesting the issuance of the license; or (d) An indication on the application that the location of a proposed retail establishment is within one hundred fifty feet of a church as described in subsection (2) of section 53-177. (2) Hearings upon such applications shall be in the following manner: Notice indicating the time and place of such hearing shall be mailed or electronically delivered to the applicant, the local governing body, each individual protesting a license pursuant to subdivision (1)(b) of this section, and any church affected as described in subdivision (1)(d) of Grand Island Council Session - Updated - 8/26/2014 Page 11 / 463 this section, at least fifteen days prior to such hearing. The notice shall state that the commission will receive evidence for the purpose of determining whether to approve or deny the application. Mailing or electronic delivery to the attorney of record of a party shall be deemed to fulfill the purposes of this section. The commission may receive evidence, including testimony and documentary evidence, and may hear and question witnesses concerning the application. The commission shall not use electronic delivery with respect to an applicant, a protestor, or a church under this section without the consent of the recipient to electronic delivery. After noticing that the business will be within 150' of a church, I continued to peruse the application. I observed that Jackie and Stephen didn't disclose any criminal convictions, the building where their proposed business will be located has not had a liquor license within the last two years, and they have never had a liquor license before. The Bowen's have lived in Grand Island since at least 1997. I checked on the Bowen's through Spillman and NCJIS. Neither one of them had any potential convictions listed in Spillman. Jackie had a speeding conviction from 2011 in Wyoming listed in NCJIS. Stephen had a conviction for having a dog or cat at large in 2006 in NCJIS. I also checked the Bowen's through a paid law enforcement-only database but didn't find anything damaging to the application. I did a general Internet search and couldn't pinpoint anything of interest. I attempted to call Jackie on 8/18/14 to set up an interview. One phone number on the application (395-8120) was not a good number. I left a voicemail after calling the business number. I also e-mailed Jackie at both addresses she provided. I corresponded with NSP Investigator Fiala who was able to contact Jackie and set up a meeting for 8/19/14 at 0900 at her business. Investigator Fiala and I met Jackie at the agreed upon time and place. Investigator Fiala went over his checklist of questions, and then I asked Jackie a few questions. Even though Jackie is applying for a license which allows her to sell distilled spirits, she is not planning on selling hard liquor at this time. She feels most of her customers will want wine, and some of them will want a "craft" beer. Jackie will be the sole employee working at the business. Jackie also emphasized that alcohol sales will not be the primary source of her income from the business. In fact, when she first wanted to put her business at 305 W. 3rd, she never considered getting a liquor license. Some of her potential customers told her it would be nice to have some wine available while they are painting. I told Jackie about some of the typical problems (noise, minors, over- serving, fights, etc...) that the police department encounters with establishments that sell alcohol. Her business doesn't seem conducive to those problems. All in all, Jackie's application looks good. I believe the issue with her business being within 150' of a church can be resolved by the NLCC. The two minor undisclosed infractions are insignificant. A person obviously Grand Island Council Session - Updated - 8/26/2014 Page 12 / 463 can't predict the future, but it appears to me that alcohol sales and consumption at j. elizebeth and the Happy Brush shouldn't be a problem from a law enforcement perspective. The Grand Island Police Department has no objection to the license and recommends that the Council give its approval. Grand Island Council Session - Updated - 8/26/2014 Page 13 / 463 1ST ST W PIN E S T N 3RD ST W E L M S T N 2ND ST WWA L N U T S T N4TH ST W 5TH ST W 4TH ST EO A K S T N6TH ST W KOENIG ST W S Y C A M O R E S T N E L M S T S PINE ST SC E D A R S T S 3RD ST E7TH ST W 5TH ST ELOCUST ST SDIVISION ST W E D D Y S T N 2ND ST ESYCAMORE ST SE D D Y S T S C HARLES ST W 1ST ST EC E D A R S T N L O C U S T S T N C L E B U R N S T S C L E B U R N S T N W A L N U T S T S SOUTH FRO NT ST EC L A R K S T S VI N E S T N SO UTH FRON T ST W KI M B A LL A V E N6TH ST EWH E E L E R A V E N KOENIG ST EC L A R K S T N ASHTON AVE ENORTH FRONT ST W CHARLES ST E COURT ST E SCHUFF ST G R E E N WIC H S T S WH E E L E R A V E S LO UISE ST W L O C U S T S T N D IVISION ST W KI M B A LL A V E N KOENIG ST W CHARLES ST W C E D A R S T N 2ND ST W PINE ST SWA L N U T S T SWH E E L E R A V E N µ Liquor Application305 W. 3rd St.J. ElizabethClass "I" Legend Street CenterlineLiquor License Locations305 W 3rd St. 1500' Radius Grand Island Council Session - Updated - 8/26/2014 Page 14 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item E-2 Public Hearing on Request from Red Lobster Hospitality, LLC dba Red Lobster #0734, 3430 West 13th Street for a Class “I” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - Updated - 8/26/2014 Page 15 / 463 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:August 26, 2014 Subject:Public Hearing on Request from Red Lobster Hospitality, LLC dba Red Lobster #0734, 3430 West 13th Street for a Class “I” Liquor License Item #’s:E-2 & I-2 Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Red Lobster Hospitality, LLC dba Red Lobster #0734, 3430 West 13th Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Grand Island Council Session - Updated - 8/26/2014 Page 16 / 463 Also submitted with the application was a request from Sean Korth, 17303 “M” Street, Omaha, NE for a Liquor Manager Designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Red Lobster Hospitality, LLC dba Red Lobster #0734, 3430 West 13th Street for a Class “I” Liquor License contingent upon final inspections and Manager Designation for Sean Korth, 17303 “M” Street, Omaha, NE contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - Updated - 8/26/2014 Page 17 / 463 WEBB RD NDIERS AVE N13TH ST W STATE ST W US HIGHWAY 281 NALLEN DRFAIDLEY AVE WSAGEWOOD AVEASPEN CIRWINDRIDGE AVERIDGEWOOD AVEOVERLAND DR18TH ST W 17TH ST W 16TH ST W 15TH ST W 14TH ST W DEERWOOD AVE FROSTFIRE AVE WESTSIDE ST CONESTOGA DRISLE RDCEDAR RIDGE CTSTARWOOD AVECONCORD AVE FAIDLEY PLIRONGATE AVEUS HIGHWAY 281 Nµ Liquor Application3430 W. 13th St.Red Lobster#0734 Class " C" Legend Street CenterlineLiquor License Locations3430 W 13th St. 1500' Radius Grand Island Council Session - Updated - 8/26/2014 Page 18 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item E-3 Public Hearing on Acquisition of Utility Easement - Next to S. Hwy. 281 by Case New Holland Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - Updated - 8/26/2014 Page 19 / 463 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:August 26, 2014 Subject:Acquisition of Utility Easement – along the west side of S. Highway 281 to the south of 3445 West Stolley Park Road – CNH Industrial America LLC Item #’s:E-3 & G-8 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 CNH Industrial America LLC, located along the west side of South U.S. Highway 281 to the south of 3445 West Stolley Park Road, 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 This easement will be used to construct a new three phase overhead power line. The line will provide CNH with a direct feed from the new Substation “J” being constructed on South Blaine Street. The new line should improve reliability of electric service to CNH by isolating it from large feeder circuits serving residential areas. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - Updated - 8/26/2014 Page 20 / 463 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement. Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - Updated - 8/26/2014 Page 21 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 22 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item E-4 Public Hearing on Acquisition of Utility Easement - On the South Side of Airport Road just East of St. Paul Road - Copart Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - Updated - 8/26/2014 Page 23 / 463 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:August 26, 2014 Subject:Acquisition of Utility Easement – Copart of Connecticut, Inc. – on the South Side of Airport Road just east of St. Paul Road Item #’s:E-4 & G-9 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 Copart of Connecticut, Inc., located off of Airport Road just east of St. Paul Road on the south side, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair water lines. Discussion This easement will be used install water lines along Airport Road to provide a loop system (or back-up) to the existing line on Skypark Road. Another benefit this loop will also improve the available firefighting capacity in the entire Airport Area. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for two thousand seven hundred sixty dollars and 00/100 ($2,760.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - Updated - 8/26/2014 Page 24 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 25 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item E-5 Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (J & B Rentals, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - Updated - 8/26/2014 Page 26 / 463 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:August 26, 2014 Subject:Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (J & B Rentals, LLC) Item #’s:E-5 & G-14 Presenter(s):John Collins PE, Public Works Director Background Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City, Missouri have developed multi-year replacement plan for the City of Grand Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor, entitled the “North Interceptor” will replace aged force main sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. The new North Interceptor route was developed to incorporate, and partner with other utilities for the Capital Avenue Widening Project, and the new Headworks Pumping Station Project at the Wastewater Treatment Plant. This project is funded by SRF Project No. C317867-01, however easements, legal fees & administrative costs are not reimbursable by these funds. A phased approach of constructing the North Interceptor is as follows: Phase I - Wastewater Treatment Plant (WWTP) to 7th Street / Skypark Road Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue Phase II (Part B) - Broadwell Avenue to Webb Road Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19) Nebraska State Statutes stipulate that the acquisition of property requires a public hearing and approval by the City Council. Public utility easements are needed in the North Interceptor Phase II, Part A & B projects to accommodate public utilities. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Grand Island Council Session - Updated - 8/26/2014 Page 27 / 463 Discussion A permanent easement is needed from one (1) property owner in these project areas. All documents have been signed and returned by the property owner. Authorization of the document is contingent upon City Council approval. Following is a summary of the payments, totaling $100.00, for the property. Tract No Owner Legal Total 6 J & B Rentals, LLC A TRACT OF LAND COMPRISING PART OF LOT TWO (2) NORWOOD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT TWO (2); THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT TWO (2) A DISTANCE OF 85.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE SOUTH LINE OF THE NORTH 85.00 FEET OF SAID LOT TWO (2) A DISTANCE OF 62.00 FEET; THENCE SOUTHERWESTERLY TO A POINT ON THE WEST LINE OF SAID LOT TWO (2), SAID POINT BEING 122.73 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT TWO (2); THENCE NORTHELRY ALONG SAID WEST LINE OF LOT TWO (2) A DISTANCE OF 37.73 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1,170 SQUARE FEET OR 0.027 ACRES MORE OR LESS. $100.00 $100.00 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 conduct a Public Hearing and approve acquisition of the Permanent Easements, in the amount of $100.00. Sample Motion Move to approve the acquisition of the Easement. Grand Island Council Session - Updated - 8/26/2014 Page 28 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 29 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 30 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 31 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item E-6 Public Hearing on Amendment to Redevelopment Plan for CRA Area 6 located at 620 West State Street Staff Contact: Chad Nabity Grand Island Council Session - Updated - 8/26/2014 Page 32 / 463 Council Agenda Memo From:Chad Nabity, AICP Meeting:August 26, 2014 Subject:Amendment to Redevelopment Plan for CRA Area 6 Item #’s:E-6 & I-5 Presenter(s):Chad Nabity, AICP CRA Director Background In 2007, the Grand Island City Council declared property referred to as CRA Area 6 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. Super Market Developers a subsidiary of Associated Wholesale Grocers (the developer) has submitted a proposed amendment to the redevelopment plan that would provide for site acquisition, demolition and construction of a new grocery store, in line retail space and restaurant pad site at the Five Points Location in Grand Island, Nebraska. At their meeting on July 9, 2014 the CRA reviewed the proposed development plan and forwarded it to the Hall County Regional Planning Commission for recommendation. 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 August 6, 2014. The Planning Commission approved Resolution 2014-08 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 - Updated - 8/26/2014 Page 33 / 463 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 6 and authorizes the CRA to execute a contract for TIF based on the plan amendment. The redevelopment plan for amendment provide for site acquisition, demolition and construction of a new grocery store, in line retail space and restaurant pad site at the Five Points Location 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. The total tax increment financing allowed for this project may not exceed $1,600,000 during this 15 year period. 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 continue approve the resolution as submitted. Grand Island Council Session - Updated - 8/26/2014 Page 34 / 463 Redevelopment Plan Amendment Grand Island CRA Area 6 June 2014 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 6 within the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area 6. Executive Summary: Project Description THE ACQUISITION OF PROPERTY AT FIVE POINTS EAST OF BROADWELL AVENUE AND NORTH OF STATE STREET BY THE DEVELOPER AND SUBSEQUENT SITE PREPARATION, DEMOLITION, UTILITY IMPROVEMENTS, LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR BUILDING A NEW GROCERY STORE, INLINE RETAIL SPACE AND RESTAURANT SPACE AT THIS LOCATION. The use of Tax Increment Financing (“TIF”) to aid in the acquisition of property, demolition of existing structures, necessary site work and installation of public utilities and street improvements necessary to redevelop this site. The use of TIF makes it feasible to complete all of the phases of the proposed project within the timeline presented. This project could not be completed without the use of TIF. The acquisition, site work and construction of all improvements will be paid for by the developer. 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 towards the allowable costs and associated financing for the acquisition and site work. TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE PROPERTY AND RELATED SITE WORK WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) This property is located at the northeast corner of Broadwell Avenue and State Street in northeast Grand Island including the attached map identifies the subject property and the surrounding land uses: Legal Descriptions Lot 3 of Skag-Way Subdivision and Lot 1 of Skag- Way Second Subdivision. Grand Island Council Session - Updated - 8/26/2014 Page 35 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 36 / 463 The tax increment will be captured for the tax years the payments for which become delinquent in years 2017 through 2030 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 the construction of new commercial space on this property. 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. Grand Island Council Session - Updated - 8/26/2014 Page 37 / 463 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 October 9, 2007.[§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 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 acquire the necessary property and provide the necessary site work for the construction of a permitted use on this property. 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 6 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. The applicant will be acquiring the property from the current owner. b. Demolition and Removal of Structures: The project to be implemented with this plan does intend several structures along on the subject property to be removed or demolished. The structures to be demolished are all non-residential in nature and use. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. The site is planned for commercial development. [§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 - Updated - 8/26/2014 Page 38 / 463 City of Grand Island Future Land Use Map Grand Island Council Session - Updated - 8/26/2014 Page 39 / 463 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned B2- General 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 proposing remove all of the structures on the subject property in two phases. The buildings on Lot 3 of Skag-Way Subdivision will be demolished and a new grocery store will be constructed at that location, fuel pumps will be added near Broadwell Avenue and after the construction of the new store the old store will be demolished and the site will be prepared for additional retail and restaurant space to be constructed at a time when the market allows for said construction. The property is zoned B2 and could accommodate a building of up to 100% of the property [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. Water mains will have to be extended throughout the site to support the configuration of the proposed development. New water and sewer services may be required for 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] Grand Island Council Session - Updated - 8/26/2014 Page 40 / 463 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This amendment does not provide for acquisition of any residences and therefore, no relocation is contemplated. [§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] Barry Sandstrom, Chairman of the Grand Island Community Redevelopment Authority, is President of Home Federal Bank in Grand Island and Home Federal has a branch office and an ATM on the property. Mr. Sandstrom will recuse himself from action on this application. 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. The developer is proposing to purchase this property for redevelopment for $2,600,000 in October of 2014 provided that TIF is available for the project as define. The cost of property acquisition is being included as a TIF eligible expense. Costs for site preparation, utility and parking improvements are estimated at $3,004,953 as related to the demolition and site preparation are included as a TIF eligible expense. It is estimated based on the proposed increased valuation of $4,416,000 will result in $1,600,000 of increment generated over a 15 year period, substantially less than the TIF allowable expenses. 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 $1,600,000 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: Grand Island Council Session - Updated - 8/26/2014 Page 41 / 463 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, in that it will allow for the utilization of and redevelopment of commercial lots. This will not significantly impact traffic at the Five Points intersection. New commercial development will raise property values and provide a stimulus to keep surrounding properties properly maintained. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. 8. Time Frame for Development Development of phase one of this project (including construction of the new grocery store) is anticipated to be completed between October of 2014 and October of 2015. Demolition of the existing Skagway store and preparation of the eastern portion of the site for further development will occur after the opening of the new store. Excess valuation should be available for this project for 15 years beginning with the 2016 tax year. 9. Justification of Project Skagway has been a commercial anchor for the Five Points neighborhood since the 1950’s. This redevelopment and reinvestment by AWG at this location represents a great opportunity to strengthen and sustain this neighborhood commercial development. This is infill development in an area with all city services available. This project does not propose to tear down any buildings with historic value. 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. Grand Island Council Session - Updated - 8/26/2014 Page 42 / 463 As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed AWG-Skagway North Redevelopment Project, including: Project Sources and Uses. Approximately $1,600,000.00 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $14,430,000.00 in private sector financing; a private investment of $9.02 for every TIF dollar investment. Use of Funds. Description TIF Funds Private Funds Total Site Acquisition $1,600,000 $1,000,000 $2,600,000 Site preparation $3,004,953 Legal and Plan Building Costs Phase 1 $4,725,000 $4,725,000 Phase 2 $3,000,000 $3,000,000 Fuel Center $500,000 $500,000 Personal Property $1,000,000 $1,000,000 Soft Costs $1,200,000 $1,200,000 TOTALS $1,600,000 $14,429,953 $16,029,953 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2014, valuation of approximately $3,442,551. Based on the 2013 levy this would result in a real property tax of approximately $75,783. It is anticipated that the assessed value will increase by $4,416,000, upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $97,200.00 annually adjusted with a 2% appreciation in value for 15 years resulting in $1,600,000 of increment over the 15 year period. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2014 assessed value:$ 3,442,551.00 Estimated value after completion $ 7,858,035.00 Increment value $ 4,415,484.00 Annual TIF generated (estimated)$ 97,200.00 TIF bond issue $ 1,600,000.00 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $3,442,591. The proposed demolition, new parking lot and renovations at this location will result in an additional $4,415,444 of taxable valuation based on an analysis by the Hall County Grand Island Council Session - Updated - 8/26/2014 Page 43 / 463 Assessor’s office. 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 impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This project will protect and enhance the existing employment within the Project Area by maintaining a grocery store at this location. Additional employment is anticipated with the inline retail and restaurant also proposed at this site. At project stabilization employment is expected to increase to 28 full time equivalent employees. Temporary construction employment will increase during the construction. The construction period is expected to exceed 12 months. (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 facility could draw employees from other similar facilities within the City. The latest available labor statistics show that the Grand Island labor pool is 27,961 with a 3.3% unemployment rate1. (e) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This will provide appropriate development at a key entrance into the City of Grand Island. Five Points is an iconic location in Grand Island. This redevelopment plan will result in substantial new construction in the neighborhood. Skagway has been a key business at the Five Points location for more than 60 years. This site has had a neighborhood grocery store since before the area to the north and east was developed. Redevelopment of this site will preserve this neighborhood commercial district and strengthen and preserve the surrounding residential values. Personal property in the project is subject to current property tax rates. Personal property for the Project is estimated at $1,000,000 resulting in an estimated personal property tax for the first year of operations of $22,000. Personal property tax is not subject to TIF and 1 https://neworks.nebraska.gov Labor Force, Employment and Unemployment for Grand Island City in May 2014 Grand Island Council Session - Updated - 8/26/2014 Page 44 / 463 will be paid to the normal taxing entities. There will additionally be more city sales taxes paid to the city of Grand Island as a result of new taxable sales at the restaurant and inline stores. Time Frame for Development Development of phase 1 of this project is anticipated to be completed during between October 2014 and October of 2015. 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 with the 2016 tax year. 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 $1,600,000 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the purchase price of the property and estimates of the expenses of renovation activities and associated engineering fees, the developer will spend more than $5,000,000 on TIF eligible activities. See Attached Site Plan and Interior Renovation Plan Grand Island Council Session - Updated - 8/26/2014 Page 45 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 46 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 47 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 48 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 49 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 50 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 51 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 52 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 53 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 54 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 55 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 56 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 57 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 58 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 59 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 60 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 61 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 62 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 63 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 64 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 65 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 66 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 67 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 68 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 69 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 70 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 71 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 72 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 73 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 74 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 75 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 76 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 77 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 78 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 79 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 80 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 81 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 82 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 83 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 84 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 85 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 86 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 87 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 88 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 89 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 90 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 91 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 92 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 93 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 94 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 95 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 96 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 97 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 98 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 99 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 100 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 101 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 102 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item E-7 Public Hearing on Amendment to Redevelopment Plan for CRA Area 9 located at 2228 N. Webb Road Staff Contact: Chad Nabity Grand Island Council Session - Updated - 8/26/2014 Page 103 / 463 Council Agenda Memo From:Chad Nabity, AICP Meeting:August 26, 2014 Subject:Amendment to Redevelopment Plan for CRA Area #9 Item #’s:E-7 & I-6 Presenter(s):Chad Nabity, AICP CRA Director Background In 2012, the Grand Island City Council declared property referred to as CRA Area 9 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. The developer intends to use Tax Increment Financing to aid in renovation of the existing retail space at this site. This project would not be possible without the use of TIF. The property is located within Redevelopment Area 9 at 2228 N Webb Road, Lot 10 of Grand Island Mall Eighth Subdivision and Lot 2 of the Grand Island Mall Fifteenth Subdivision in Grand Island, Nebraska. The CRA reviewed the proposed development plan on July 9, 2014 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on August 6, 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 August 6, 2014. The Planning Commission approved Resolution 2014-07 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 - Updated - 8/26/2014 Page 104 / 463 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 9 and authorizes the CRA to execute a contract for TIF based on the plan amendment. This includes the renovation, reconfiguration and expansion of existing retail space located with the Grand Island Mall property north of Shopko and south of Dollar Tree at 2828 N Webb Road. 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. The total tax increment financing allowed for this project may not exceed $6,447,250 during this 15 year period. 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 - Updated - 8/26/2014 Page 105 / 463 Site Specific Redevelopment Plan Grand Island CRA Area 9 June 2014 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 9 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 9. Executive Summary: Project Description THE RENOVATION AND REDEVELOPMENT OF THE GRAND ISLAND MALL AT 2228 N WEBB ROAD LOT 10 OF GRAND ISLAND MALL EIGHTH SUBDIVSION AND LOT 2 OF GRAND ISLAND MALL FIFTHTEEN SUBDIVISION. THE SUBSEQUENT SITE WORK, UTILITY, ENGINEERING, LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR REDEVELOPMENT AND RENOVATION AT THIS LOCATION. The developer intends to use Tax Increment Financing to aid in renovation and conversion of 128,000 square feet of leasable ‘open air’ tenant space and the development of out parcels on the existing mall property. The developer intends to connect a drive between the east and west sides of the mall by opening a vehicle and pedestrian plaza through the center of the mall creating additional tenant spaces with exterior entrances. The developer is trying to attract national retailers as an anchor to the shopping center. This project would not be possible in an affordable manner without the use of TIF. The site is owned by the developer. All site work, demolition and utilities will be paid for by the developer. 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 towards the allowable costs and associated financing for the remodeling and site work. TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE PROPERTY AND RELATED SITE WORK WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) This property is located between State Street and Capital Avenue and between U.S. Highway 281 and Webb Road in northwest Grand Island. The attached map identifies the subject property and the surrounding land uses: Legal Descriptions Lot 10 of Grand Island Mall Eighth Subdivision and Lot 2 of the Grand Island Mall Fifteenth Subdivision in the City of Grand Island, Hall Grand Island Council Session - Updated - 8/26/2014 Page 106 / 463 County, Nebraska. It is anticipated that these will be replatted to facilitate the redevelopment. Grand Island Council Session - Updated - 8/26/2014 Page 107 / 463 The tax increment will be captured for the tax years the payments for which become delinquent in years 2016 through 2030 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 the vacant commercial space into smaller tenant spaces. 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, 2015. 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 April 24, 2012. [§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 - Updated - 8/26/2014 Page 108 / 463 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 an existing conforming use on this property. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: There is no proposed acquisition by the authority or the developer. b. Demolition and Removal of Structures: The project to be implemented with this plan amendment does not call for the demolition and removal of any existing structures. Partial demolition and renovation of the existing Grand Island Mall will be necessary to facilitate the planned development and vehicular and pedestrian plaza between the east and west sides of the Mall. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. The site is planned for highway commercial development. [§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 - Updated - 8/26/2014 Page 109 / 463 City of Grand Island Future Land Use Map Grand Island Council Session - Updated - 8/26/2014 Page 110 / 463 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned CD Commercial Development zone. The CD zone is a planned unit development with the look, style placement and size of the buildings approved by with a Development Plan approved by the Grand Island City Council. The proposed redevelopment will require a revised development plan for the Grand Island Mall Commercial Development zone. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. No other planning changes are contemplated. The proposed use for commercial retail space is permitted in the CD zoning district. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is proposing rehabilitate the existing structure a conforming structure and use in the CD zoning district and add additional structures as may be permitted with a revised development plan. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities This site has full service to municipal utilities. No utilities would be impacted by the development. It is anticipated that the developer will need to extend sewer and water to various new lots to be created on this property. All improvements will be paid for by the developer. 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 maintained as retail center. The proposed use of this property would continue as a retail commercial space. No individuals or families will be relocated as a result of this project.[§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 - Updated - 8/26/2014 Page 111 / 463 The developer has owned the property since 2013 it was acquired at a cost of $1,818,000. The cost of property acquisition is not being included as a TIF eligible expense. Costs for rehabilitation of the existing structure are estimated at $10,009,805. The cost of onsite improvements including the extension of utilities is estimated at $3,165,805. Fees and reimbursement to the City and the CRA will be included as a TIF eligible expense. 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 $6,447,250 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 31, 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, in that it will allow for the utilization of and redevelopment of commercial lots. This will not significantly impact traffic at this location. Renovated commercial development will raise property values and provide a stimulus to keep surrounding properties properly Grand Island Council Session - Updated - 8/26/2014 Page 112 / 463 maintained. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. 8. Time Frame for Development Development of this project (including demolition, site preparation and new construction) is anticipated to be completed between October 2014 and June of 2016. Additional buildings will be added as the market permits. Excess valuation should be available for this project for 15 years beginning with the 2016 tax year. 9. Justification of Project The U.S. Highway 281 Corridor is a major entrance for the City of Grand Island from the north and from I-80. The majority of the new commercial development in Grand Island in the past 10 years has occurred along this stretch of highway. The Grand Island Mall area was one of the first pieces in this corridor to develop. The pattern that has been most successful with buildings facing onto U.S. 281 was not as obvious a pattern for success as it is today. The opportunity to partner with owners of key building along this corridor as they redevelop and reinvest in their properties is important to making those favorable first impressions. Buildings to both the north and the south of this property have been redeveloped with faces toward both U.S. 281 and Webb Road. The completion of this project will transform this area. 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. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed Grand Island Mall Redevelopment Project, including: Project Sources and Uses. Approximately $6,447,250 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $14,638,399 in private sector financing; a private investment of $2.27 for every TIF dollar investment.1 1 This does not include any investment in personal property at this time. Grand Island Council Session - Updated - 8/26/2014 Page 113 / 463 Use of Funds. Description TIF Funds Private Funds Total Site Acquisition $1,818,000 $1,818,000 Site preparation $3,165,805 $3,165,805 Legal and Plan* Building Costs Renovation Phase 1 $6,447,250 $3,562,555 $10,009,805 Out Parcels Phase 2 $2,657,000 $2,657,000 General Conditions $805,630 $805,630 Personal Property Soft Costs $2,629,409 $2,629,409 TOTALS $6,447,250 $14,638,399 $21,570,029 Tax Revenue. The property to be redeveloped is anticipated to have a January 1, 2014, valuation of approximately $2,044,858. Based on the 2013 levy this would result in a real property tax of approximately $45,015. It is anticipated that the assessed value will increase by $19,525,171, upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $429,818.00 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2014 assessed value:$ 2,044,858.00 Estimated value after completion $ 21,570,029.00 Increment value $ 19,525,399.00 Annual TIF generated (estimated)$ 429,818.00 TIF bond issue $ 6,447,250.00 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $2,044,858. The proposed renovation of this facility will result in an estimated additional $19,525,399 of taxable valuation based on an analysis by the Hall County Assessor’s office. 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 Grand Island Council Session - Updated - 8/26/2014 Page 114 / 463 schools. Fire and police protection are available and should not be impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; This project will protect and enhance the existing employment within the Project Area by redeveloping prime commercial space at this location. Most of the retail space at this location is vacant. It could result in a new national retailers locating in Grand Island. The new retail facilities will employ managerial and sales staff at these locations. New businesses would result in a net increase in employment. At project stabilization employment is expected to increase by 368 employees including a mixture of part time, full time and managerial positions. Temporary construction employment will increase during the construction. The construction period is expected to be 18 to 36 months. The proposed facility will provide jobs for persons employed by the contractors that will be involved with the project. (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 may create additional demand for retail service employees in the Grand Island area and could impact other retailers. The proposed retailers represent businesses not located in Grand Island but they will potentially create competition for businesses located here. The latest available labor statistics show that the Grand Island labor pool is 27,961 with a 3.3% unemployment rate2. (e) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. Personal property in the project is subject to current property tax rates and would generate additional property tax for all entities in the first year. Annual city sales taxes at this location at project stabilization are expected to approach $25,000,000. Based on the current city sales tax rate of 1.5% this would be projected at $375,000. Time Frame for Development Development of this project is anticipated to be completed during between October 2014 and June of 2016 with out-parcels to be developed as the market demands. The base tax year should be calculated on the value of the property as of January 1, 2015. The tax increment on excess valuation should be available for this project for 15 years beginning in 2016. 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 2 https://neworks.nebraska.gov Labor Force, Employment and Unemployment for Grand Island City in May 2014 Grand Island Council Session - Updated - 8/26/2014 Page 115 / 463 or an amount not to exceed $6,447,250 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 cost of renovation, site preparation, engineering, expenses and fees reimbursed to the City and CRA, and financing fees the developer will spend over $13,000,000 of TIF eligible activities over $10,000,000 of which are directly related to remodeling and rehabilitating the existing building. It is anticipate by the Hall County Assessor’s office that this property if redeveloped as proposed will see a 10 fold increase in valuation. 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Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizen Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizen Advisory Review Committee is required by State Statute and the Grand Island City Code to make a semi-annual report to the City Council. Discussion The Citizen Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee looks forward to receiving and reviewing meritorious applications for consideration in the future. The committee received the semi-annual report from the Economic Development Corporation at its meeting of August 14, 2014 and voted to forward it on to the City Council for its review and acceptance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Accept the semi-annual report of the Citizen Advisory Review Committee. 2.Do not accept the semi-annual report of the Citizen Advisory Review Committee. Grand Island Council Session - Updated - 8/26/2014 Page 150 / 463 Recommendation City Administration recommends that the Council accept the semi-annual report of the Citizen Advisory Review Committee. Sample Motion Move to accept the semi-annual report of the Citizen Advisory Review Committee. Grand Island Council Session - Updated - 8/26/2014 Page 151 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 152 / 463 Current LB-840 projectsCurrent LB-840 projects Active Projects •Bosselman Tank & Trailer –Add 8 employees –Expires February 2017 •Chief Industries –Add 41 employees –Expires May 2017 •Rogue Manufacturing –Add 12 employees –Expires December 2015 Forgiven Projects in 2014 •Case IH –Add 20 employees –Forgiven January 2014 •Hastings Foods –Add 35 employees –Forgiven April 2014 GIAEDC will request LB-840 operating funds for 2015 Grand Island Council Session - Updated - 8/26/2014 Page 153 / 463 Changes LB-840 ProcessChanges LB-840 Process •Site visit •Market Study (partnership with Nebraska Business Development Center– UNK) •Review prior three year financials –Review financial commitments & credit history (D & B) •Review proforma for future three years •Review company’s business plan •Identify key management & employees –Outlining skills & experience •Highly confidential process –CRC chairman & City Administrator review all application information & financials Grand Island Council Session - Updated - 8/26/2014 Page 154 / 463 LB-840 WorksheetLB-840 Worksheet Grand Island Council Session - Updated - 8/26/2014 Page 155 / 463 LB-840 Funding StatusLB-840 Funding Status LB-840 balance as of 8/1/2014 $319,136.00 Quarterly EDC payment (operational funds) $0 LB-840 funds for Chief Industries ($239,000.00) LB-840 funds for Bosselman Tank & Trailer (40,000) Ending LB-840 job creation funds $40,136.00 Grand Island Council Session - Updated - 8/26/2014 Page 156 / 463 EDC LandEDC Land Platte Valley Industrial Park (4 lots / 25 acres) Platte Valley Industrial Park- East (280 acres) Homestead (160 acres) East & Homestead Cornhusker Industrial Park (226 Acres) Grand Island Council Session - Updated - 8/26/2014 Page 157 / 463 Enhanced Marketing EffortsEnhanced Marketing Efforts •Increased usage of state-owned databases –LOIS –Synchronist •Virtual tour of properties will be added in Q4 Grand Island Council Session - Updated - 8/26/2014 Page 158 / 463 Adding Value to Adding Value to Business CommunityBusiness Community •Entrepreneur / Business Development –Business development resource for existing and new businesses to assist in growth –Fiber optic connectivity at Platte Valley Industrial Park (1.5 mg to 30 mg of internet speed) Grand Island Council Session - Updated - 8/26/2014 Page 159 / 463 Enhanced Community PartnershipsEnhanced Community Partnerships •Partnered with Chamber of Commerce to coordinate to tours of four Grand Island businesses to 20 University of Nebraska-Omaha students. –Hornady Manufacturing –The Chocolate Bar –Beavercreek Marketing / Rasmussen Associates –Bosselman Companies •Business interviews with State DED –Visited over 20 Grand Island Businesses –Data will be used with new state administration –FAM tour with DED on August 20, 2014 –Meet with State DED Director and other EDCs to discuss possible changes to State incentive programs on August 21, 2014 •2014 Housing Study –13 area agencies, plus City staff involved •Grow Grand Island –Partnership with EDC, Chamber & CVB Grand Island Council Session - Updated - 8/26/2014 Page 160 / 463 Project LeadsProject Leads Grand Island Council Session - Updated - 8/26/2014 Page 161 / 463 Additional ProjectsAdditional Projects Grand Island Council Session - Updated - 8/26/2014 Page 162 / 463 2015 Strategic Initiatives2015 Strategic Initiatives Grand Island Council Session - Updated - 8/26/2014 Page 163 / 463 Questions Grand Island Council Session - Updated - 8/26/2014 Page 164 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item F-1 #9494 - Consideration of Amending Grand Island City Code Chapters 17-6, Notice to Remove; Noncompliance with Notice and 17-52, Notice to Abate: Remove Nuisance Staff Contact: Steven Lamken Grand Island Council Session - Updated - 8/26/2014 Page 165 / 463 Council Agenda Memo From:Steven Lamken, Police Chief Meeting:August 26, 2014 Subject:Amendment of Ordinance 17-6, Notice to Remove: Noncompliance with Notice and Ordinance 17-52, Notice to Abate; Remove Nuisance Item #’s:F-1 Presenter(s):Steven Lamken, Police Chief Background The Nebraska Legislature revised State Statute 16-230 in 2013. The revisions in the statute provides for cities to establish the method of notice for specific nuisances. The Police Department and Legal Department are recommending that the City amend ordinances 17-6 and 17-52 to provide for notice of violation to be done by either personal service or by first class mail and posting of the property. Discussion The Nebraska Legislature revised State Statute 16-230 in 2013. The revisions in the statute provides for first class cities to establish the method of notice of violation for specific nuisances spelled out in the statute, such as litter and weeds. The changes in the statute allows for notice to be by first class mail. The statute also requires an appeal process for violators which we do not have in code. City code currently requires notice of violations of litter and weeds to be made either by personal service and or certified or registered first class mail. The use of certified mail can create significant problems in expediting code enforcement for these violations. In addition the use of certified mail is an expensive method of notification. Certified letters cost $6.49 per letter and must be delivered by an employee to the Post Office for posting. The Police Department sends hundreds of litter and weed violation certified letters each year. When a violation occurs, a code enforcement officer will attempt to find the most current address for a property owner or responsible person if they cannot provide personal service. A certified letter of notice of violation then must be prepared and delivered to the Grand Island Council Session - Updated - 8/26/2014 Page 166 / 463 Post Office. Certified mail requires an owner or person responsible for a property in violation to receive and sign for the letter of notice. The receipt is then returned to the Police Department via the mail. The Postal Service will make multiple attempts to serve the certified letter. Under our current code, our code enforcement officers cannot move forward with correcting a violation or taking enforcement action until the Police Department receives a signed certified letter receipt or the certified letter is returned to us unserved by the Postal Service. Some certified letters are served and signed for and receipt returned to the Police Department within a week. Sometimes the Postal Service can affirm through their attempts to deliver the letter that the address is no longer current and will return the letter within a several days to a couple of weeks. In these cases a code enforcement officer can then move forward working to resolve the violation. In some cases the certified letter service can become lengthy. The Postal Service either cannot serve the letter to a responsible person or they are unable to determine if the address is accurate. Some chronic violators know the system being used and will intentionally avoid responding to the Postal Service attempts to serve the letter. These situations can create significant delays in a violation being corrected. Two examples are letters that were taken to the Post Office on May 16th and on June 13th and have not been served or returned unserved to the Police Department as of August 1st. Citizens observe and report a litter or weed violation and have the expectation that action will be taken to correct the violation. It is frustrating to citizens when nothing is done for weeks or months. Even a delay of a couple of weeks becomes an irritant. It creates the impression that City government is either incompetent or unconcerned. Such beliefs, while inaccurate, erode citizen support for City government. It is also frustrating for the code enforcement officers to receive continued complaints of inaction while there are violations pending that they cannot act upon. The Police Department and Legal Department are recommending that the City amend ordinances 17-6 and 17-52 to provide for notice of violation to be made either by personal service or by first class mail and posting of the property. The Police Department will mail out a letter to the owner or responsible person at the last known address requiring them to correct the violation or respond to the code enforcement officer within five (5) days. The letter will also provide language informing the person of the appeal process. In addition the code enforcement officer will affix a notice of violation to the building on the property or place a notice of violation on the property. The notice will provide information as to the nature of the code violation and Police Department contact information. The posted notice will also provide language informing the person of the appeal process. The notice will be approximately the size of a standard piece of stationary and printed on highly visible, weather resistant, stock. A first class letter and posting a notice will cost less than $1.00 per violation in material costs. Grand Island Council Session - Updated - 8/26/2014 Page 167 / 463 Changing the ordinances will allow CSOs to address and abate weed ordinance violations in a more efficiently and in a timely manner. The processing of litter violation complaints will also be more efficient; however, litter violations where we are unable to establish contact with an owner or responsible person and or the owner or responsible person refuses to correct the violation will continue to be problematic. We will continue to work to correct these violations and or take enforcement action. The City code identifies either the Health Department or City employees as responsible for code enforcement. The proposed appeal hearing language in Section 17-6 provides for an appeal hearing to be heard either by the Director of the Health Department or the Police Chief or their designee depending upon which department would be responsible for the enforcement action. The appeal process meets requirement in State Statute 16- 230. The recommended changes in City code will: Provide adequate notice of violation by providing personal service or by first class letter and posting the property. Create greater efficiencies in processing code violations in the Police Department. Reduce the time in many instances required to take corrective action and or enforcement action on litter and weed violations. Provide an appeal process that is required in statute. Create savings in the cost of providing notice of violations. 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 amending of City Code, Chapter 17, Sections 17-6 and 17-52 as presented to provide for notice of violation to be done by either personal service or by first class mail and posting of the property. Grand Island Council Session - Updated - 8/26/2014 Page 168 / 463 Sample Motion Move to approve the amending of City Code, Chapter 17, Sections 17-6 and 17-52 as presented to provide for notice of violation to be done by either personal service or by first class mail and posting of the property. Grand Island Council Session - Updated - 8/26/2014 Page 169 / 463 Neb. Rev. Stat. § 16-230 (1) A city of the first class by ordinance may require lots or pieces of ground within the city or within the city's extraterritorial zoning jurisdiction to be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon. The city may require the owner or occupant of all lots and pieces of ground within the city to keep the lots and pieces of ground and the adjoining streets and alleys free of excessive growth of weeds, grasses, or worthless vegetation, and it may prohibit and control the throwing, depositing, or accumulation of litter on any lot or piece of ground within the city. (2) Any city of the first class may by ordinance declare it to be a nuisance to permit or maintain excessive growth of weeds, grasses, or worthless vegetation or to litter or cause litter to be deposited or remain thereon except in proper receptacles. The city shall establish by ordinance the height at which weeds, grasses, or worthless vegetation are a nuisance. (3) Any owner or occupant of a lot or piece of ground shall, upon conviction of violating any ordinance authorized under this section, be guilty of a Class V misdemeanor. (4) Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any. The city shall establish the method of notice by ordinance. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the city to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the city clerk. A hearing on the appeal shall be held within fourteen days after the filing of the appeal and shall be conducted by an elected or appointed officer as designated in the ordinance. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the city may have such work done. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the city may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys. (5) For purposes of this section: (a) Litter includes, but is not limited to: (i) Trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk; Grand Island Council Session - Updated - 8/26/2014 Page 170 / 463 (b) Weeds includes, but is not limited to, bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial peppergrass (Lepidium draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa), and ragweed (Ambrosiaceae); and (c) Weeds, grasses, and worthless vegetation does not include vegetation applied or grown on a lot or piece of ground outside the corporate limits of the city but inside the city's extraterritorial zoning jurisdiction expressly for the purpose of weed or erosion control. Credits Laws 1901, ch. 18, § 48, XXXVII, p. 255; Laws 1915, ch. 84, § 1, p. 222; Laws 1975, LB 117, § 1; Laws 1988, LB 934, § 2; Laws 1991, LB 330, § 1; Laws 1995, LB 42, § 2; Laws 2004, LB 997, § 1; Laws 2009, LB 495, § 5, eff. Aug. 30, 2009; Laws 2013, LB 643, § 1, eff. Sept. 6, 2013. Grand Island Council Session - Updated - 8/26/2014 Page 171 / 463 NOTICE City of Grand Island Grand Island Police Department The property at ______________________________________(address), legally described as _________________________________________ has been inspected and found in violation of Grand Island City Code as indicated below: §17-3. _____ It shall be the duty of every owner, and person in possession, charge, or in control of any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boarding house, or eating place, or in possession, in charge, or in control of any shop, place of business, or manufacturing establishment, where garbage, litter, refuse, yard waste, or other waste material is created, or accumulated, to remove or cause to be removed from the premises where accumulated such garbage, litter, refuse, yard waste or waste material. It shall be unlawful to place garbage, litter, refuse, yard waste, or waste material in any alley, easement, or vacant property. §17-4. _____ to permit, keep, or maintain thereon any such condition liable to become putrid or injurious to the public health, or any such condition liable to produce disease, or which is conducive to the breeding and existence of rats, mice, flies, mosquitoes, bacteria, or any other rodent or insects. §17-50. _____ to allow or maintain any growth of twelve inches or more in height of weeds, grasses, or worthless vegetation and upon conviction such owner, agent, occupant, or person shall be penalized in accordance with the provisions of the Grand Island City Code. §17-10. _____ accumulation of waste occasioned by the construction, alteration, remodeling, rebuilding, repairing, and/or demolition of buildings or structures shall be removed and disposed of by the owner or contractor §17-57. _____ to cause, maintain, or permit the placement of any unlicensed or inoperable vehicle or any vehicle parts on any tract of land within the City of Grand Island except as permitted in City Code §32-2. _____ to permit the limbs, branches or foliage of any tree or shrub upon such property to project into or extend over any street, lane, or sidewalk in such manner that there shall be a clearance of less than fourteen feet between the surface of such street, lane, or less than eight feet between the sidewalk and such limbs, branches, or foliage. to plant, grow, keep or maintain, or cause to be planted, grown, kept, or maintained, any hedge, bush or shrubbery of any kind or nature, within the public right-of-way to be continuous of five feet (5’) or more and of a height over three feet (3’) above the roadway surface measured from the nearest top of the roadway surface or the centerline grade of the roadway, whichever is higher. §32-3. _____ to permit the limbs, branches or foliage of any tree or shrub upon such property to project into or extend over any alley in such manner that there shall be a clearance of less than fourteen feet between the surface of the alley and such limbs, branches or foliage. The owner or owner's duly authorized agent and/or occupant of the lot or piece of ground, within five (5) days after receipt of such notice, may request a hearing with the City to appeal the decision to abate or remove a nuisance by filing a written appeal with the Office of the City Clerk, 100 East 1st Street, P.O. Box 1968, Grand Island, Nebraska 68802-1968. A hearing on the appeal shall be held within fourteen (14) days after the filing of the appeal. The hearing officer shall render a decision on the appeal within five (5) business days after the conclusion of the hearing. If the appeal fails, the City may have such work done. If within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the City or fails to comply with the order to abate and remove the nuisance, the City may have such work done and the actual cost of such work together with an administrative fee of $50.00 shall be assessed against such lot or land; and/or, the City of Grand Island may issue a citation and notice to appear in Hall County Court. __________________________________________________________________ Code Enforcement Officer Date Grand Island Council Session - Updated - 8/26/2014 Page 172 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney ORDINANCE NO. 9494 An ordinance to amend Chapter 17 of Grand Island City Code ; to amend Section 17-6 and Section 17-52; to clarify and/or make general corrections to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 17-6 and Section 17-52of the Grand Island City Code is hereby amended to read as follows: §17-6. Notice to Remove; Noncompliance with Notice Whenever it shall come to the knowledge of the Health Director, his or her designee or employees of the City of Grand Island, that there exists upon such lot or parcel of ground such nuisance, the Health Director, his or her designee or employees of the City of Grand Island shall cause a notice to abate and remove said nuisance within five (5) days to be served upon the owner or the owner's authorized agent, and upon the tenant or occupant of said premises. Said notice shall be served either in person or by mailing such notice by first-class mail, postage prepaid and by certified or registered mail and posting notice of the violation on the property. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the City to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the City Clerk. A hearing on the appeal shall be held within fourteen days after the filing of the appeal and shall be conducted by the Health Director or his/her designee or the Police Chief or his/her designee. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the City may have such work done. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the City or fails to comply with the order to abate and remove the nuisance, the City may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the City may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets or alleys. If such owner, lessee, tenant, or occupant shall have failed or refused to abate and remove such nuisance at the expiration of the date fixed upon such notice, the Director of Health, his or her designee or employees of the City of Grand Island may cause such nuisance to be removed from such parcel or lot, and from any roads, streets, or alleys abutting thereon as set forth in §17-7 of this Chapter. Grand Island Council Session - Updated - 8/26/2014 Page 173 / 463 ORDINANCE NO. 9494 (Cont.) - 2 - §17-52. Notice to Abate; Remove Nuisance Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. or by mailing such notice by first- class mail, postage prepaid and posting notice of the violation on the property. Within five days after receipt of such notice or publication or posting, whichever is applicable, if the owner or occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done. If unpaid for two months after such work is done, the city may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys. SECTION 2. Any ordinance 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: August 26, 2014. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 174 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item F-2 #9495 - Consideration of Salary Ordinance Staff Contact: Brenda Sutherland Grand Island Council Session - Updated - 8/26/2014 Page 175 / 463 Council Agenda Memo From:Brenda Sutherland, Human Resources Director Meeting:August 26, 2014 Subject:Consideration of Approving Salary Ordinance No. 9495 Item #’s:F-2 Presenter(s):Brenda Sutherland, Human Resources Director Background A Salary Ordinance is presented each year as a part of the budget process. Wages for City employees are presented to the City Council for approval in the form of a salary ordinance. Some wages are set as a part of negotiated labor agreements and others through salary surveys that are conducted. Discussion Wage changes presented in this Ordinance are for the positions in the AFSCME bargaining unit, FOP bargaining unit and the non-union positions. The FOP labor agreement was approved by City Council last year. The AFSCME labor agreement was recently approved on August 12, 2014 and the non-union employee wages were presented to Council last year with a three year plan for phased implementation. This Ordinance executes the aforementioned wage changes. The non-union positions were surveyed last summer by Paul Essman. When the City became a metropolitan statistical area (MSA), a new array had to be identified and used going forward. The Cities used in the new array for non-union employees were as follows; Ames, IA, Cheyenne, WY, Iowa City, IA, Jefferson City, MO, Lawrence, KS, Rapid City, SD, Manhattan, KS, Sioux City, IA and St. Joseph, MO. Wages for the positions represented by the AFSCME Labor Agreement will increase on average by approximately 8.5%. Wages for the positions represented by the FOP Labor Agreement will increase on average by 6.8% and non-union positions moved on average 6%. I want to stress that the term on average means that some positions were higher than the average and some lower. These averages were based on movement at the top step in the pay scale. Grand Island Council Session - Updated - 8/26/2014 Page 176 / 463 Other changes represented in this Ordinance are changes that were approved by Council in the AFSCME Labor Agreement that will go into effect on October 1, 2014. Those changes include the payout of medical leave at retirement and the increase in tool allowance for employees in the Fleet Services division. The wages represented in this proposed Ordinance are included in the proposed 2014/2015 fiscal year 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 proposed Salary Ordinance No. 9495. Sample Motion Move to approve Salary Ordinance No. 9495. Grand Island Council Session - Updated - 8/26/2014 Page 177 / 463 Approved as to Form ¤ ___________ ¤ City Attorney ORDINANCE NO. 9495 An ordinance to amend Ordinance 9490 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 ranges of the employees covered under the AFSCME labor agreement; to amend the salary ranges of non-union employees; 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. 9490 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 22.9886/32.9003 Exempt Accounting Technician – Solid Waste 16.5408/21.4897 17.9715/23.0181 40 hrs/week Assistant to the City Administrator 21.8156/30.7100 22.3610/31.4778 Exempt Assistant Public Works Director / Manager of Engineering Services 32.3969/48.2211 33.2069/50.4151 Exempt Assistant Utilities Director – Distribution 44.4396/62.7001 47.6003/67.6416 Exempt Assistant Utilities Director – Production 48.1230/67.9215 51.5458/73.2746 Exempt Grand Island Council Session - Updated - 8/26/2014 Page 178 / 463 ORDINANCE NO. 9495 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Assistant Utilities Director – Transmission 48.1230/67.9215 51.5458/73.2746 Exempt Attorney 27.9079/43.0605 28.6056/44.1370 Exempt Biosolids Technician 17.6851/26.0771 18.1272/26.7290 40 hrs/week Building Department Director 32.6923/47.7958 33.5096/48.9906 Exempt CADD Operator 20.0830/28.8903 20.5851/29.6126 40 hrs/week Cemetery Superintendent 19.9551/28.4283 20.8630/30.9603 Exempt City Administrator 58.3875/77.1429 63.7373/79.0715 Exempt City Attorney 39.5085/56.9666 40.4963/58.3908 Exempt City Clerk 24.6251/34.9120 26.6290/38.0214 Exempt Civil Engineer I 27.0775/38.0973 27.7544/40.1236 Exempt Civil Engineer II 31.4068/44.1455 32.1919/46.4935 Exempt Civil Engineering Manager – Utility PCC 34.2076/49.7904 35.0629/52.4386 Exempt Collection System Supervisor 22.4072/31.8516 22.9674/32.6479 40 hrs/week Community Service Officer 13.1859/18.0971 14.1913/19.6625 40 hrs/week Crime Analyst 17.8982/25.4093 40 hrs/week Custodian – Library, Police 12.0836/17.0518 13.0050/18.3520 40 hrs/week Customer Service Representative – Part time 8.6349/12.9524 8.8508/13.2762 40 hrs/week Electric Distribution Superintendent 34.0545/46.6736 36.0403/49.1560 Exempt Electric Distribution Supervisor 28.7582/39.4378 30.4351/41.5354 40 hrs/week Electric Underground Superintendent 30.3276/41.5738 32.0961/43.7850 Exempt Electrical Engineer I 27.0775/38.0973 27.7544/40.1236 Exempt Electrical Engineer II 31.4068/44.1455 32.1919/46.4935 Exempt Emergency Management Deputy Director 23.2769/31.9071 23.8588/34.3400 Exempt Grand Island Council Session - Updated - 8/26/2014 Page 179 / 463 ORDINANCE NO. 9495 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Emergency Management Director 33.1281/45.3975 33.9564/48.8590 Exempt Engineering Technician - WWTP 19.5842/27.6691 20.0738/28.3608 40 hrs/week Equipment Operator - Solid Waste 16.4788/23.2069 17.2286/24.9764 40 hrs/week Finance Director 38.4279/54.8583 39.3885/59.0413 Exempt Finance Operations Supervisor 20.4000/28.8462 20.9100/29.5674 Exempt Fire Chief 37.1058/52.7053 38.0334/56.7241 Exempt Fire EMS Division Chief 30.3461/43.8033 32.6600/47.1433 Exempt Fire Operations Division Chief 30.3461/43.8033 32.6600/47.1433 Exempt Fire Prevention Division Chief 30.3461/43.8033 32.6600/45.7964 Exempt Fleet Services Shop Foreman 20.9340/29.5087 22.6375/32.1368 40 hrs/week GIS Coordinator - PW 24.5800/37.3300 25.1945/38.2633 40 hrs/week Golf Course Superintendent 23.6733/34.1660 24.2651/35.0203 Exempt Grounds Management Crew Chief – Cemetery 18.1054/26.2287 18.5580/28.2286 40 hrs/week Grounds Management Crew Chief – Parks 19.0599/27.0153 19.5364/29.0753 40 hrs/week Human Resources Director 33.4291/49.5321 34.2649/50.7704 Exempt Human Resources Benefits/Risk Mgmt Coordinator 18.5295/27.9538 19.6100/30.4434 40 hrs/week Human Resources Recruiter 18.5295/27.9538 19.6100/30.4434 40 hrs/week Human Resources Specialist 17.6209/25.9549 19.1903/29.6632 40 hrs/week Information Technology Manager 31.5525/45.4516 33.9584/50.0820 Exempt Legal Secretary 19.6880/26.6079 20.1802/27.2731 40 hrs/week Librarian I 17.8423/25.0589 18.2883/25.6853 Exempt Librarian II 19.7586/28.1028 20.2526/28.8054 Exempt Library Assistant I 12.0495/17.4141 12.3507/17.8495 40 hrs/week Grand Island Council Session - Updated - 8/26/2014 Page 180 / 463 ORDINANCE NO. 9495 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Library Assistant II 13.9378/19.2122 15.0006/20.6771 40 hrs/week Library Assistant Director 24.1856/35.5553 27.6411/41.9108 Exempt Library Director 31.9181/45.7548 35.6605/51.9403 Exempt Library Page 7.7112/10.9625 7.9040/11.2366 40 hrs/week Library Secretary 14.8122/21.0506 15.3677/21.8400 40 hrs/week Maintenance Worker – Golf 14.8681/21.4781 15.2398/23.1708 40 hrs/week Meter Reader Supervisor 18.2914/26.7210 18.7488/27.3890 Exempt MPO Program Manager 23.6000/35.0800 24.1900/35.9570 Exempt Office Manager – Police Department 16.5531/22.9288 17.5184/24.6771 40 hrs/week Parks and Recreation Director 34.8556/49.9594 37.5134/54.7930 Exempt Parks Superintendent 24.3558/34.9389 26.2129/38.1401 Exempt Payroll Specialist 17.3727/24.4418 18.3412/26.3055 40 hrs/week Planning Director 34.5609/49.0850 36.7534/53.3309 Exempt Police Captain 29.5308/41.7349 32.1609/45.5589 Exempt Police Chief 37.1058/52.7053 39.5548/56.7241 Exempt Power Plant Maintenance Supervisor 30.0590/42.4865 30.8105/43.5488 Exempt Power Plant Operations Supervisor 31.8206/45.8129 34.2469/49.0714 Exempt Power Plant Superintendent – Burdick 34.8506/49.1581 37.3294/53.0324 Exempt Power Plant Superintendent – PGS 40.1775/56.6455 43.0351/61.1099 Exempt Project Manager – Public Works 29.5060/41.5140 30.2438/42.5519 Exempt Public Information Officer 22.1425/31.8960 24.0579/35.4724 Exempt Public Works Director 38.8546/54.9384 39.8259/59.1275 Exempt Public Works Engineer 30.8040/44.5421 31.5741/45.6556 Exempt Grand Island Council Session - Updated - 8/26/2014 Page 181 / 463 ORDINANCE NO. 9495 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Receptionist 13.5449/19.9690 14.6124/21.9522 40 hrs/week Recreation Coordinator 17.6958/25.3319 19.0905/28.0424 Exempt Recreation Superintendent 24.2201/35.4520 27.6185/41.2440 Exempt Regulatory and Environmental Manager 29.5716/42.4040 30.3109/44.6594 Exempt Senior Accountant 27.3163/38.0269 27.9991/38.9775 Exempt Senior Electrical Engineer 34.3679/48.3083 35.2271/50.8778 Exempt Senior Public Safety Dispatcher 17.6539/23.6674 18.3667/24.2591 40 hrs/week Senior Utility Secretary 15.2760/21.8131 15.6579/22.3584 40 hrs/week Shooting Range Superintendent 22.5910/33.1924 24.3135/36.2336 Exempt Solid Waste Division Clerk - Full Time 15.7208/20.8577 17.0806/22.3412 40 hrs/week Solid Waste Division Clerk - Part Time 13.9975/18.9398 15.2083/20.2869 40 hrs/week Solid Waste Foreman 17.6737/24.9849 19.4289/27.5942 40 hrs/week Solid Waste Superintendent 25.3985/36.7473 27.7256/41.2443 Exempt Street Superintendent 25.6090/37.2800 27.2993/40.1226 Exempt Street Foreman 20.1385/28.8891 21.6740/31.3880 40 hrs/week Turf Management Specialist 21.2760/30.1185 21.8079/30.8715 40 hrs/week Utilities Director 58.5218/81.9261 65.0835/89.0128 Exempt Utility Production Engineer 35.1468/50.4235 36.0255/53.1054 Exempt Utility Warehouse Supervisor 23.8914/33.2154 24.4887/34.9820 40 hrs/week Victim Assistance Unit Coordinator 13.6763/19.2557 14.4738/20.7240 40 hrs/week Wastewater Plant Chief Operator 20.6506/29.1069 22.2252/30.7296 40 hrs/week Wastewater Plant Engineer 31.9969/46.6138 32.7969/47.7791 Exempt Wastewater Plant Operations Engineer 30.8040/44.0003 31.5741/45.1003 Exempt Grand Island Council Session - Updated - 8/26/2014 Page 182 / 463 ORDINANCE NO. 9495 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Wastewater Plant Maintenance Supervisor 23.7771/32.0177 24.3715/32.8181 40 hrs/week Wastewater Plant Project Manager 29.5060/41.5140 30.2436/42.5519 Exempt Wastewater Plant Regulatory Compliance Manager 25.2356/36.0685 25.8665/36.9703 Exempt Water Superintendent 26.3948/37.9014 28.4074/41.4713 Exempt Water Supervisor 22.7865/32.8339 23.5898/34.2437 40 hrs/week Worker / Seasonal 7.2500/20.0000 Exempt Worker / Temporary 7.2500/20.0000 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 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 16.1640/23.9447 40 hrs/week Fleet Services Mechanic 16.8776/25.0054 18.3122/27.1309 40 hrs/week Horticulturist 15.6222/23.1866 17.5359/26.0270 40 hrs/week Maintenance Worker – Cemetery 14.6833/21.7697 40 hrs/week Grand Island Council Session - Updated - 8/26/2014 Page 183 / 463 ORDINANCE NO. 9495 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility 15.7845/23.4024 Maintenance Worker – Parks 14.5853/21.6370 15.6427/23.2057 40 hrs/week Maintenance Worker – Streets 14.2770/21.1646 15.4192/22.8578 40 hrs/week Senior Equipment Operator – Streets 16.2104/24.0429 17.5883/26.0865 40 hrs/week Senior Maintenance Worker – Streets 16.2104/24.0429 17.5478/26.0264 40 hrs/week Traffic Signal Technician 16.2104/24.0429 17.5072/25.9663 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: 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 Grand Island Council Session - Updated - 8/26/2014 Page 184 / 463 ORDINANCE NO. 9495 (Cont.) - 8 - Classification Hourly Pay Range Min/Max Overtime Eligibility 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 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 19.8680/29.2110 Police Sergeant 24.2602/ 33.5527 24.8667/35.8359 Grand Island Council Session - Updated - 8/26/2014 Page 185 / 463 ORDINANCE NO. 9495 (Cont.) - 9 - 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 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 Grand Island Council Session - Updated - 8/26/2014 Page 186 / 463 ORDINANCE NO. 9495 (Cont.) - 10 - 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 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 Grand Island Council Session - Updated - 8/26/2014 Page 187 / 463 ORDINANCE NO. 9495 (Cont.) - 11 - 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 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 Grand Island Council Session - Updated - 8/26/2014 Page 188 / 463 ORDINANCE NO. 9495 (Cont.) - 12 - 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 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 Grand Island Council Session - Updated - 8/26/2014 Page 189 / 463 ORDINANCE NO. 9495 (Cont.) - 13 - $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 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, Grand Island Council Session - Updated - 8/26/2014 Page 190 / 463 ORDINANCE NO. 9495 (Cont.) - 14 - 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 15 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 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 Grand Island Council Session - Updated - 8/26/2014 Page 191 / 463 ORDINANCE NO. 9495 (Cont.) - 15 - 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 employeesEmployees hired before October 1, 2014 covered by the AFSCME labor agreement shall be paid fortythirty-five (4535%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred seventysixty-eight and eighty sixty-five hundredths hours (calculated at 4535% x 1064 1339 hours = 478.80468.65 hours). Employees hired on or after October 1, 2014, covered by the AFSCME labor agreement will not receive compensation at retirement for unused medical leave. 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, Grand Island Council Session - Updated - 8/26/2014 Page 192 / 463 ORDINANCE NO. 9495 (Cont.) - 16 - 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 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. Grand Island Council Session - Updated - 8/26/2014 Page 193 / 463 ORDINANCE NO. 9495 (Cont.) - 17 - 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 effective October 6, 2014. SECTION 13. Those portions of Ordinance No. 9490 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: August 26, 2014 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 194 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-1 Approving Minutes of August 12, 2014 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - Updated - 8/26/2014 Page 195 / 463 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING August 12, 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 August 12, 2014. Notice of the meeting was given in The Grand Island Independent on August 6, 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, City Clerk RaNae Edwards, Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works Director John Collins. INVOCATION was given by Pastor Mark Oberbeck, Northridge Assembly of God, 3025 Independence Avenue followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Eshan Sood and board member Randy See. PUBLIC HEARINGS: Public Hearing on Request from Full Circle Venue LLC dba Full Circle Venue, 3333 Ramada Road for an Addition to Class “C-88739” Liquor License. City Clerk RaNae Edwards reported that an application for an addition to Class “C-88739” Liquor License had been received from Full Circle Venue LLC dba Full Circle Venue, 3333 Ramada Road. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on July 14, 2014; notice to the general public of date, time, and place of hearing published on August 2, 2014; notice to the applicant of date, time, and place of hearing mailed on July 14, 2014; along with Chapter 4 of the City Code. Staff recommended approval with the following conditions: 1.Phase I of the building improvement safety plan must be completed. 2.Panic hardware be placed on an exit door from the lounge into Denny’s. No public testimony was heard. Public Hearing on Request from Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on July 23, 2014; notice to the general public of date, time, and place of hearing published on August 2, 2014; notice to the applicant of date, time, and place of hearing mailed on July 23, 2014; along with Chapter 4 of the City Code. Staff recommended denial based on the fact the building had no water service and did not meet the safety requirements as set out in Grand Island City Code 4 – 7 (H). Tom Wagoner, attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing on Request from Gloria and John Trejo for a Conditional Use Permit for Off Street Parking for the Grand Island Public Schools located at 622 N. Jefferson Street. Regional Planning Director Chad Nabity reported that Gloria and John Trejo requested a Conditional Use Grand Island Council Session - Updated - 8/26/2014 Page 196 / 463 Page 2, City Council Regular Meeting, August 12, 2014 Permit to allow for the construction of a parking lot at 622 N. Jefferson Street to provide parking for the elementary school. Staff recommended approval with the condition that all applicable city code sections including landscaping be provided in compliance with the City Code. Gary Lonowski, 1409 West 4th Street and George Gundelfinger, 1419 West 7th Street had questions concerning the fencing. No further public testimony was heard. Public Hearing on Request from Central Nebraska Transload, LLC for a Conditional Use Permit for Ethanol Transload (Semi-Truck to Rail Car) and Store in Rail Car on Site located at 1213/1215 – 1221 East Highway 30. Regional Planning Director Chad Nabity reported that Central Nebraska Transload, LLC requested an amendment to the three year temporary Conditional Use Permit for a chemical warehouse and distribution facility. The amendment would allow for the additional loading of ethanol rail cars from semi-trailers. Staff recommended approval Randy Gard, Executive Director of the Grand Island Area Economic Development Corporation and Chad Campbell, 1305 College Street spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 823 East 4th Street (Blender, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 823 East 4th Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to locate underground electric conduit, cable, and a pad-mounted transformer for an existing building that is being refurbished. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 2211 South Locust Street (J. Larry Fugate). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2211 South Locust Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place underground conduit, conductor, and a pad-mounted transformer to provide electricity to the new Taco Bell. Staff recommended approval. No public testimony was heard. Public Hearing on a Redevelopment Plan for CRA Area 13R located West of Lincoln Avenue and North of Phoenix Avenue. Regional Planning Director Chad Nabity reported that Phil Ramsel commissioned a Blight and Substandard study of 1.26 acres referred to as CRA Area No. 13R. The study focused on property bounded by the hike bike trail on the north, on the east by Lincoln Avenue and Phoenix Avenue to the south. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (Nouzovsky & Longleaf, LLC). Public Works Director John Collins reported that acquisition of public utility easements were needed for the North Interceptor in order to replace aged force main sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Drainage Easement for Westgate Drainage District No. 2013- D-4 (MHEC Land Trust, VI). Public Works Director John Collins reported that acquisition of a drainage easement was needed for the Westgate Drainage District No. 2013-D-4. The easement would be twenty (20) feet wide and allow for drainage within the district. Staff recommended approval. No public testimony was heard. Grand Island Council Session - Updated - 8/26/2014 Page 197 / 463 Page 3, City Council Regular Meeting, August 12, 2014 Public Hearing on Proposed Fiscal Year 2014-2015 City of Grand Island and Community Redevelopment Authority (CRA) Budgets. Finance Director Jaye Monter stated this public hearing would remain open until the 2014-2015 Budget was approved on September 9, 2014. The 2014-2015 Budget was submitted with no tax increase. The existing revenue sources and current levels of taxation would enable the City to continue the funding of the ICMA public safety recommendations, maintain existing or improved levels of service to the community, meet State Statutes regarding employee wage and salary increases, address necessary infrastructure maintenance, improvements and construction with a $9.5 million capital program and retire the 2009 Various Purpose General Obligation bond. The 2015 proposed funding sources were reviewed. The 400 Fund Capital Projects totaled $9,510,922. The following summaries of requests were presented: Streets $6,132,990 Drainage $1,175,000 Parks $1,712,932 Fire/Emergency Center $ 250,000 Info. Tech. Dept.$ 40,000 Grand Generation $ 100,000 GITV $ 100,000 Total Capital Requests:$9,510,922 A five year summary was presented for the future financial forecast of the City. These figures were based on no tax rate increases and no Food & Beverage Occupation Tax Revenue. A 3% revenue growth was figured for all years, 6% personnel services growth in 2016 & 2017, 8% in 2018, 2019 & 2020, 3% operating expense growth for all years, 3% General Fund Capital Department Equipment growth for all years, and no additional employees. Ending cash balances were presented as follows: 2016 - $6,661,757; 2017 - $5,801,201; 2018 - $4,072,138; 2019 - $2,864,008; and 2020 - $1,388,274. The following future planning potential Capital Projects were presented: 50-year-old Fire Station #2 Alternative 911 Center Improve ISO rating with fire training tower addition 20-year-old Island Oasis Complete development of Veteran’s Athletic fields Fieldhouse turf replacement Downtown redevelopment Cemetery expansion G.I. Veterans Home acquisition and redevelopment Grander vision action plan No public testimony was heard. CONSENT AGENDA: Consent items G-21 and G-22 were removed for further discussion. Motion by Donaldson, second by Minton to approve the Consent Agenda excluding items G-21 and G-22. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 22, 2014 City Council Regular Meeting. Grand Island Council Session - Updated - 8/26/2014 Page 198 / 463 Page 4, City Council Regular Meeting, August 12, 2014 Approving Minutes of July 29, 2014 City Council Special Meeting/Study Session. Approving Appointment of Jerry Huismann to the Regional Planning Commission. Approving Request of Fonner Park Exposition and Events Center, Inc. (Heartland Events Center) for Ratification of Nomination and Election of Board of Directors. #2014-203 - Approving Acquisition of Utility Easement located at 823 East 4th Street (Blender, LLC). #2014-204 - Approving Acquisition of Utility Easement located at 2211 S. Locust Street (J. Larry Fugate). #2014-205 - Approving Bid Award for Cooling Tower Stacks and Fan Blades at Platte Generating Station with EvapTech, Inc. of Lenesa, KS in an Amount of $204,466.00. #2014-206 - Approving Bid Award for Precipitator, Bottom Ash and Boiler Industrial Cleaning - Fall 2014 Outage at Platte Generating Station with Meylan Enterprises of Omaha, NE in an Amount of $119,604.60. #2014-207 - Approving Bid Award for 2015 Complete Hook Lift Truck with Dump Body and Platform/Water Tank and Pump for Platte Generating Station with Hansen International Truck, Inc. of Grand Island, NE in an Amount of $118,444.00. #2014-208 - Approving Bid Award for Voltage Regulator Upgrade at Platte Generating Station - Spring Outage 2015 with ABB, Inc. of St. Laurent, Quebec, Canada in an Amount of $544,236.00. #2014-209 - Approving Agreement for Temporary Construction Easement for Faidley Avenue Paving Improvements; Project No. 2014-P-1 (Concord Development, LLC & Grand Island Surgical Center, LLC). #2014-210 - Approving Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (Nouzovsky & Longleaf, LLC). #2014-211 - Approving Temporary Construction Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4 (Nouzovsky). #2014-212 - Approving Acquisition of Drainage Easement for Westgate Drainage District No. 2013-D-4 (MHEC Land Trust, VI). #2014-213 - Approving Change Order No. 1 for Headworks Improvement Project No. WWTP- 2013-1 with Garney Companies, Inc. of Gardner, KS for a Decrease of $24,745.00 and a Revised Contract Amount of $16,893.255.00. #2014-214 - Approving Bid Award for One (1) Automated Oil & Grease Extraction System for the Wastewater Division with Horizon Technology, Inc. of Salem, NH in an Amount of $32,864.97. Grand Island Council Session - Updated - 8/26/2014 Page 199 / 463 Page 5, City Council Regular Meeting, August 12, 2014 #2014-215 - Approving Agreement with NDOR for the Grand Island Area Metropolitan Planning Organization (GIAMPO) Long Range Transportation Plan. #2014-216 - Approving Change Order No. 3 for North Interceptor Phase I; Project No. 2012-S-6 with Merryman Excavation, Inc. of Woodstock, IL for an Increase of $183,791.80 and a Revised Contract Amount of $8,655,459.97. #2014-217 - Approving Agreements for Temporary Construction Easements for Capital Avenue Widening – Webb Road to Broadwell Avenue. #2014-218 - Approving Temporary Construction Easement for Westgate Drainage District No. 2013-D-4 (MHEC Land Trust, VI). #2014-219 - Approving Contract for Information Technology Network Administration Support with Duey’s Computer Service, Inc. of Lincoln, NE in an Amount of $3,435 monthly with a 3% increase each September 1st thru August 31, 2017. Discussion was held regarding the prepayment of services and the three year contract with no early termination clause. Motion by Haase, second by Nickerson to approve Resolution #2014-219. Andrew Duey, President of Duey’s Computer Service, Inc. from Lincoln, NE commented on the early termination. He stated the three year agreement was in exchange for a 40% discount. Comments were made regarding a contract for three years with a new administration coming on board. Motion by Haase, second by Gilbert to amend Section 6 to strike “the monthly maintenance fee shall be prepaid” and add a section for early termination clause. Upon roll call vote, Councilmember Haase voted aye. Councilmembers Minton, Paulick, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Donaldson, and Mann voted no. Motion failed. Upon roll call vote of the main motion, Councilmembers Minton, Stelk, Gericke, Nickerson, Hehnke, Donaldson, and Mann voted aye. Councilmembers Paulick, Gilbert, and Haase voted no. Motion adopted. #2014-220 - Approving Bid Award for Furnishing Labor & Equipment to Transport Material to Sterling Estates Park with Hooker Brothers Construction Co. of Grand Island, NE in an Amount of $19,950.00. Parks & Recreation Director Todd McCoy explained the Master Plan for the Parks and Recreation Department. Lewis Kent, 624 Meves Avenue spoke in opposition. Motion by Haase, second by Gericke to approve Resolution #2014-220. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request from Gloria and John Trejo for a Conditional Use Permit for Off Street Parking for the Grand Island Public Schools located at 622 N. Jefferson Street. This item was related to the aforementioned Public Hearing. Motion by Paulick, second by Mann to approve. Grand Island Council Session - Updated - 8/26/2014 Page 200 / 463 Page 6, City Council Regular Meeting, August 12, 2014 George Gundelfinger, 1419 West 7th Street commented on markers and fencing around the property. Motion by Paulick, second by Gericke to amend the motion to add a 6’ privacy fence sight obscuring fence on the west and south side of the property. Upon roll call vote, Councilmembers Paulick, Stelk, Gericke, Haase, and Donaldson voted aye. Councilmembers Minton, Gilbert, Nickerson, Hehnke, and Mann voted no. Mayor Vavricek cast the deciding no vote. Motion failed. Gloria Trejo, 622 N. Jefferson Street spoke in support. Upon roll call vote of the main motion, Councilmembers Minton, Stelk, Nickerson, Donaldson, and Mann voted aye. Councilmembers Paulick, Gericke, Gilbert, Hehnke, and Haase voted no. Mayor Vavricek cast the sixth and deciding vote in favor. Motion adopted. Consideration of Request from Central Nebraska Transload, LLC for a Conditional Use Permit for Ethanol Transload (Semi-Truck to Rail Car) and Store in Rail Car on Site located at 1213/1215 – 1221 East Highway 30. This item was related to the aforementioned Public Hearing. Discussion was held concerning the flammable chemicals. Fire Division Chief Tim Hiemer stated the Fire Department didn’t have a problem with this request. Motion by Paulick, second by Haase to approve the request. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2014-221 - Consideration of Request from Full Circle Venue LLC dba Full Circle Venue, 3333 Ramada Road for an Addition to Class “C-88739” Liquor License. This item was related to the aforementioned Public Hearing. Motion by Donaldson, second by Gilbert to approve Resolution #2014-221 with conditions. Upon roll call vote, all voted aye. Motion adopted. #2014-222 - Consideration of Request from Luisa M. Lovato dba Ritmos Nightclub, 611 East 4th Street for a Class “I” Liquor License. This item was related to the aforementioned Public Hearing. Motion by Stelk, second by Hehnke to deny Resolution #2014-222 based upon no water service to the building. Upon roll call vote, all voted aye. Motion adopted. #2014-223 - Consideration of Redevelopment Plan for CRA Area 13R located West of Lincoln Avenue and North of Phoenix Avenue. This item was related to the aforementioned Public Hearing. Discussion was held regarding the impact to public land. Motion by Gilbert, second by Haase to approve Resolution #2014-223. Upon roll call vote, all voted aye. Motion adopted. #2014-224 - Consideration of Approving Special Revenue Fund for Pioneer Consortium Council for Library Services. Library Director Steve Fosselman reported that about four years ago the City Council authorized the City’s public library to participate in a statewide Pioneer Consortium Grand Island Council Session - Updated - 8/26/2014 Page 201 / 463 Page 7, City Council Regular Meeting, August 12, 2014 Joint Entity Agreement for Library Services. As a participant in this consortium, the Grand Island Public Library saved over $10,000 annually for software maintenance. The Pioneer Consortium Council board has designated Grand Island Public Library as the Financial Agent. Requested was the approval of a Special Revenue Fund for the Pioneer Consortium Council for Library Services of the joint entity agreement. Motion by Haase, second by Hehnke to approve Resolution #2014-224. Upon roll call vote, all voted aye. Motion adopted. #2014-225 - Consideration of Approving Resolution of Support for Continued Funding of Highway Improvement Projects – US Highway 30 & US Highway 281. Public Works Director John Collins reported this was a resolution to support the Nebraska Department of Roads intent to reconstruct the existing roadway, culverts, and shoulders on US Highway 30 and milling and resurfacing of the existing roadway and offset left turn lanes on US Highway 281. Motion by Donaldson, second by Minton to approve Resolution #2014-225. Upon roll call vote, all voted aye. Motion adopted. #2014-226 - Consideration of Approving Labor Agreement with AFSCME, Local 251. Human Resources Director Brenda Sutherland reported this contract was for four years. The largest impact was wages due to the City becoming a Metropolitan Statistical Area (MSA). Explained were the major changes in the contract such as vacation, stand-by pay, medical leave hours, medical leave pay out, and reimbursement for safety boots. Motion by Minton, second by Paulick to approve Resolution #2014-226. Upon roll call vote, Councilmembers Minton, Paulick, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Donaldson, and Mann voted aye. Councilmember Haase voted no. Motion adopted. Kevin Brown, Lincoln, NE and Roger Schweitzer, AFSCME representatives were present to sign the contract. #2014-227 - Consideration of Approving FY 2014-2015 Annual Budget for Downtown Business Improvement District 2013 and Setting Date for Board of Equalization. Finance Director Jaye Monter reported the Downtown Business Improvement District 2013 had submitted their budget for special assessments in the amount of $92,700. Motion by Donaldson, second by Minton to approve Resolution #2014-227. Upon roll call vote, all voted aye. Motion adopted. #2014-228 - Consideration of Approving FY 2014-2015 Annual Budget for Fonner Park Business Improvement District from Stolley Park Road to Fonner Park Road and Setting Date for Board of Equalization. Finance Director Jaye Monter reported the Fonner Park Business Improvement District had submitted their budget for special assessments in the amount of $39,592. Motion by Paulick, second by Hehnke to approve Resolution #2014-228. Upon roll call vote, all voted aye. Motion adopted. #2014-229 - Consideration of Approving FY 2014-2015 Annual Budget for the South Locust Business Improvement District 2013 from Stolley Park Road to Highway 34 and Setting Date for Grand Island Council Session - Updated - 8/26/2014 Page 202 / 463 Page 8, City Council Regular Meeting, August 12, 2014 Board of Equalization. Finance Director Jaye Monter reported that South Locust Business Improvement District 2013 had submitted their budget for special assessments in the amount of $70,170. Motion by Minton, second by Mann to approve Resolution #2014-228. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Gilbert, second by Donaldson to approve the Claims for the period of July 23, 2014 through August 12, 2014, for a total amount of $11,303,242.08. Unanimously approved. Council recessed at 9:19 p.m. and reconvened at 9:29 p.m. Discussion Concerning the Proposed Fiscal Year 2014-2015 City of Grand Island and Community Redevelopment Authority (CRA) Budgets. This item related to the aforementioned Public Hearing. Councilmember Haase recommended the unspent funds be carried forward for the Grand Generation Center. City Attorney Robert Sivick stated the terms of the new agreement were being negotiated with the Grand Generation Center. Proposed was $100,000 per year be budgeted annually. Motion by Haase, second by Gericke that $100,000 for the Grand Generation Center be budgeted and the unspent balance be carried forward. Upon roll call vote, Councilmembers Paulick, Stelk, Gericke, Hehnke, and Haase voted aye. Councilmembers Minton, Gilbert, Nickerson, Donaldson, and Mann voted no. Mayor Vavricek cast the deciding no vote. Motion failed. A lengthy discussion was held concerning the projects that had not been completed in this fiscal budget year and who was responsible for completing and paying for the projects. Mr. Sivick stated the City would lease the building and the Grand Generation Center would maintain the building. Motion by Gilbert, second by Stelk to decrease the Capital Improvement budget by $250,000 by eliminating the Fire Station 2 & Emergency Center RFQ. Councilmembers Stelk, Gilbert, Nickerson, and Donaldson voted aye. Councilmembers Minton, Paulick, Gericke, Hehnke, Haase, and Mann voted no. Motion failed. Public Works Director John Collins explained what the RFQ would include. Fire Division Chief Tim Hiemer commented on the need to study relocating Fire Station 2 and an alternate Emergency Center. City Administrator Mary Lou Brown stated the $250,000 was to study the best location and the project would take some time. Comments were made regarding moving the 911 Center to the Burdick Station. Emergency Management Director John Rosenlund stated he didn’t know if Burdick Station was still an option. The study would create a new plan and answer those questions for both the Fire Station and 911 Center. He would like to see some money put in the budget to start the process. Mayor Vavricek confirmed the 911 Center budget was joint with Hall County. Mr. Collins stated the $250,000 budget request was figured on 6% of the total project. A new fire station would be approximately $5 million with architectural services. Grand Island Council Session - Updated - 8/26/2014 Page 203 / 463 Page 9, City Council Regular Meeting, August 12, 2014 Discussion was held regarding the Parks and Recreation Department concerning the tennis court at Ryder Park with the Tennis Association reimbursing the City. The splash park was discussed also. Mr. McCoy said the splash park had been looked at and was in the 5 year plan but not in this year’s budget. Comments were made concerning property valuation increases. Future revenue options were presented. Mentioned was the Grander Visioning survey and needing money to do those projects. Discussion was also held concerning the Food and Beverage tax which would expire on December 31, 2015. Mr. Sivick stated any ballot measure to renew this tax would have to be at the Election Commissioners Office by early September, 2014 to be included on the General Election ballot. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Nickerson to adjourn to Executive Session at 11:05 p.m. for the purpose of a strategy session with respect to negotiations with IBEW. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Gericke, second by Gilbert to return to Regular Session at 11:53 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 11:53 p.m. RaNae Edwards City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 204 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-2 Approving Minutes of August 14, 2014 City Council Special Meeting Staff Contact: RaNae Edwards Grand Island Council Session - Updated - 8/26/2014 Page 205 / 463 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 14, 2014 Pursuant to due call and notice thereof, a Special 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 August 14, 2014. Notice of the meeting was given in the Grand Island Independent on August 8, 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, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, and Kent Mann. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works Director John Collins. INVOCATION was given by Community Youth Council member Allie Richardson followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Allie Richardson. SPECIAL ITEMS: 2014-2015 Utility Electric and Water Proposed Budgets. Utilities Director Tim Luchsinger reported the Utilities Department had $550,000,000 in insurable assets, 25,000 electric meters, 17,000 water meters and 139 full-time employees. The following budget guidelines were used for the Utilities 2014-2015 budget: conservative (low) revenue forecast; conservative (high) operating costs; maintain adequate cash reserves; and manage controllable operating expenses and capital expenditures. Cash reserves guidelines where listed as the following: working capital, replacement power, asset replacement, capital improvement reserve, and debt service reserve. He recommended a minimum cash reserve of $31,300,000 in the electric fund and $3,200,000 in the water fund. Reviewed was the Electric Department 520 Fund. The total Electric Capital Budget was $23,357,867. Mentioned were future considerations of the Platte Generating Station Emission Controls. Operation was planned for May 2015 with capital cost funded by bond proceeds. Projected O & M costs where scheduled at $2,500,000 annually. Discussion was held concerning operating costs and revenues. Mr. Luchsinger stated rate increases were not planned and he explained the projections for the department. Mentioned was an additional cost to operate PGS once the emission controls were in place. He stated Nebraska utilities needed to reduce their carbon emissions by 26%. Renewable energy was mentioned. Workforce development improvements were scheduled for less than $100,000 in the next two years. Reviewed was the Water Department 525 Fund. Total Water Capital Improvement Budget was $3,450,000. Wireless meter reading had been installed in the Merrick County area and in some apartment buildings within the City. The new billing system would be incorporated with the new Grand Island Council Session - Updated - 8/26/2014 Page 206 / 463 Page 2, City Council Special Meeting, August 14, 2014 meters. There were no rate increases projected for water for at least the next five years. Explained was the water project to the Airport. Needs of the downtown area were discussed. 2014-2015 Solid Waste Proposed Budget. Public Works Director John Collins introduced Solid Waste Superintendent Jeff Wattier. Mr. Wattier reported the Solid Waste budget was comprised of two components: Landfill on Husker Highway and the Transfer Station. This was an enterprise fund that received no funding from the General Fund. All revenues were generated from tipping fees and were one of the few divisions with competition. This division served both residents and non-residents. The current landfill site life was 6 – 7 years in Cells 1 & 2. Cells 3 & 4 have approximately a 30 year life. Reviewed were the routine capital replacement schedule for the transfer station and landfill. The proposed 2015 budget included: personnel - $992,492 (8.6% increase); operations - $993,526 (less than 1% decrease); and capital - $860,000 (10.7% increase). Capital Expenditures proposed were: new dozer at landfill ($800,000); additional litter fencing at landfill ($20,000); concrete replacement at transfer station ($20,000); and new reinforced gate entrance at landfill ($20,000). There were no FTE changes and no rate increases proposed. Mr. Wattier answered questions concerning recycling. Since the hail storm they had seen a lot of shingles in the landfill. 2014-2015 Wastewater Proposed Budget. Public Works Director John Collins introduced Wastewater Superintendent Marvin Strong. Mr. Strong reviewed the funding sources totaling $27,098,327 and expenditures of $33,078,916. The 2015 overview had an ending cash balance of $10,081,269 which contained $3.3 million of restricted cash for bond reserve requirements. Mr. Strong explained the Wastewater Treatment Plant (WWTP) capacity. The plant was currently operating at less than 1/2 of its organic capacity. The residential population of Grand Island could potentially double before the WWTP would run out of organic capacity. Reviewed were the 2015 projected operations & maintenance savings. Electricity was 4% lower and contract services, diesel fuel, and other general supplies (sludge disposal) was 4.8% lower than FY 2014. Mr. Strong commented on the 2014/2015 Capital Projects. The Headworks project was on schedule, may be done early and below budget. North Interceptor Phase 1 was completed and was designed to accommodate projected growth through the Year 2062. North Interceptor Phase 2 was designed to accommodate projected growth through the Year 2062. Phase 2b would be completed in conjunction with Capital Avenue widening project. Other projects mentioned were US Highway 281 Sewer Assessment District, Wildwood Subdivision, and Husker Highway Sanitary Sewer. City Administrator Mary Lou Brown complemented Mr. Strong and his team with working with JBS. 2014-2015 Golf Course Proposed Budget. Parks & Recreation Director Todd McCoy stated the rounds averaged around 30,000 each year. These figures fluctuated due to the weather. Revenues were forecast at $674,746 for 2013-2014. Proposed capital projects for 2014-2015 were to replace the clubhouse windows at $30,000 and recondition 26 golf carts at $48,000. Grand Island Council Session - Updated - 8/26/2014 Page 207 / 463 Page 3, City Council Special Meeting, August 14, 2014 Discussion was held concerning the new irrigation system. Mr. McCoy stated they hoped to see some energy savings in the near future. RESOLUTIONS: #2014-230 – Consideration of Approving 2014-2015 Fee Schedule. Finance Director Jaye Monter reviewed the following proposed changes to the 2014-2015 Fee Schedule: Administration – elimination of State issued liquor licenses Parks Department – fee increases for Cemetery, Golf Course, Heartland Public Shoot Park Fire Department – addition of 8 new fees Public Works – new Special Event fees Wastewater Treatment Plant – increase of various fees Solid Waste – addition of uncovered load fees Motion by Minton, second by Nickerson to approve Resolution #2014-230. Special Events fees were discussed. Police Chief Lamken commented on the lack of resources for police escorts. Currently they supplied off duty officers at the expense of the event sponsors. Ms. Monter stated the cost to the City for insurance was $2,000 annually for use of state highways for special events. Motion by Donaldson, second by Nickreson to remove the Special Event fee from the Public Works Department. Upon roll call vote, Councilmembers Paulick, Stelk, Gericke, Nickerson, Hehnke, Haase, Donaldson, and Mann voted aye. Councilmembers Minton and Gilbert voted no. Motion adopted. Discussion was held regarding the Lincoln Park Pool costs and revenues. Mr. McCoy stated the fees were fairly low. Last year the fees were raised a little. They were forecasting $55,000 in expenses and $45,000 in revenues. Discussed was the definition of the Engine company run fee. Ms. Monter stated this would be specified in the final budget document. Motion by Gilbert, second by Haase to delay the final vote of the fee schedule as amended to a later date prior to budget approval. Upon roll call vote, Councilmembers Paulick, Stelk, Gilbert, Nickerson, Hehnke, Haase, and Donaldson voted aye. Councilmembers Minton, Gericke, and Mann voted no. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:34 p.m. RaNae Edwards City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 208 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-3 Approving Minutes of August 19, 2014 City Council Special Meeting Staff Contact: RaNae Edwards Grand Island Council Session - Updated - 8/26/2014 Page 209 / 463 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 19, 2014 Pursuant to due call and notice thereof, a Special 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 August 19, 2014. Notice of the meeting was given in the Grand Island Independent on August 16, 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, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, and Kent Mann. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and Public Works Street Superintendent Shannon Callahan. INVOCATION was given by Community Youth Council member Diego Tum-Monge followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Diego Tum-Monge and board member Maria Lopez. SPECIAL ITEMS: CRA 2014-2015 Proposed Annual Budget. Regional Planning Director Chad Nabity gave an overview of the Community Redevelopment Authority (CRA) budget. The CRA was requesting property tax revenues of $686,119 with a proposed levy of $0.026. The CRA budget highlights were: operating expenses - $88,550; façade improvement - $200,000; property purchase - $200,000; Lincoln Pool, bond payment principal and interest - $198,050; other projects - $175,000; and Fire, Life Safety and Infrastructure Grants - $200,000. The following carry over projects were mentioned: Kaufman Park project; Life Safety Grant for Tower 217; J Elizabeth Façade Grant; and Ryan Waind Chiropractic office. Reviewed were the proposed Fire, Life Safety and Infrastructure Grant Program. The goal was to add 50 additional upper story residential units in Downtown Grand Island within the next 5 years. Improvements needed would include but were not limited to: fire sprinklers, additional exits, monitoring equipment, fire separation walls, and elevators to meet fire and building code requirements. This 5 year program, beginning with the 2015 fiscal year, was proposed to be funded by the City of Grand Island - $100,000 and the CRA - $100,000 to be match by private funds from the developer. Funds would not be paid until Occupancy Certificates were obtained for new residential units. The program would be reviewed by the CRA annually beginning with the 2017 fiscal year budget and presented to Council with the CRA budget. The program could be cancelled or suspended based on the results of the review. The following people spoke in support of the Fire, Life Safety and Infrastructure Grant Program: Jeremiah Krance, 201 West 17th Street Grand Island Council Session - Updated - 8/26/2014 Page 210 / 463 Page 2, City Council Special Meeting, August 19, 2014 Tom Ziller, 324 West 18th Street Amos Anson, 4234 Arizona Avenue Comments were made by Council of the importance of revitalizing Downtown. Discussion was held concerning the process for approving the grants. Motion by Gilbert, second by Haase to approve the CRA budget as presented with the Fire, Life Safety and Infrastructure Grant Program. Upon roll call vote, all voted aye. Motion adopted. Motion by Donadlson, second by Gilbert to reduce the $250,000 item for the study of the Fire Station and backup Emergency 911 Center be reduced to $50,000 to relocate the 911 Center. Discussion was held regarding the appropriateness of this motion as this time. City Attorney Bob Sivick stated due to the open meetings laws and this item not being on the agenda this should be brought back at a later date. Tracy Overstreet representing The Grand Island Independent spoke in opposition of the motion and commented on filing a complaint with the City due to the number of changes of the agendas less than 48 hours before the meetings. Insurance Reserve Fund. Finance Director Jaye Monter updated the Council on the cash reserve balances within the Insurance Reserve Fund. The Insurance Reserve Fund consisted of Worker’s Compensation, General Insurance, and Health Insurance funds. Total budgeted for 2015 was $5,602,347. Claims had increased and $8,409,000 was budgeted for 2015. Proposed 2015 ending cash balance for General Property was $713,835; Work Comp - $879,347; and Health Insurance - $3,109.165. RESOLUTIONS: 2014-231 Consideration of Approving Health Insurance Renewal with Blue Cross Blue Shield. Human Resources Director Brenda Sutherland reported the City had a partially self-funded health and dental benefits plan for its employees. Claims were paid by the premium dollars generated through the plan to a specified limit and a third party, Blue Cross Blue Shield of Nebraska, administered and paid claims and provided stop loss coverage. Explained was the Health Savings Account (HSA) and the recommendation of increasing the HSA contribution to $1,250 for single coverage and $2,500 for family coverage. Also recommended was to adjust the contribution for new employees based on their starting date to be calculated quarterly. The funding level for the 2014-2015 budget would remain the same as last year at $7.2 million. Councilmember Minton recused himself from this item. Motion by Nickerson, second by Paulick to approve Resolution #2014-231. Discussion was held regarding increasing the HSA Seed fund. Ms. Sutherland stated the goal was to incentivize employees to move to the high deductible plan and continue to control rising costs with increased consumerism. Explained was the transitional fee. Grand Island Council Session - Updated - 8/26/2014 Page 211 / 463 Page 3, City Council Special Meeting, August 19, 2014 Motion by Gilbert, second by Paulick to leave the HAS contribution at the same level. Upon roll call vote, Councilmembers Stelk, Gilbert, Hehnke, Haase, and Donaldson voted aye. Councilmembers Paulick, Gericke, Nickerson, and Mann voted no. Mayor Vavricek cast the sixth and deciding no vote. Motion failed. Upon roll call vote of the main motion, Councilmembers Paulick, Stelk, Gericke, Nickerson, Hehnke, Haase, Donaldson, and Mann voted aye. Councilmember Gilbert voted no. Motion adopted. #2014-232 - Consideration of Approving Voluntary Employee Vision Plan. Human Resources Director Brenda Sutherland reported that as part of the City’s comprehensive benefit package to its employee, vision was not included. Request for proposals had been issued for a voluntary employee vision plan with no funding from the City. Eye Med from Mason, OH had been recommended to provide the voluntary vision plan. Motion by Paulick, second by Minton to approve Resolution #2014-232. Upon roll call vote, all voted aye. Motion adopted. OTHER ITEMS: Food and Beverage Occupation Tax Ballot Language. Finance Director Jaye Monter reported that any ballot measure for voter consideration in the 2014 General Election would need to be submitted to the Hall County Election Office no later than September 2, 2014. The current food and beverage occupation tax would expire on December 31, 2015. Any new occupation tax or rate increase would be subject to voter approval. The following potential allocation of the tax proposed was: Provide a funding source for the Nebraska State Fair host city expense (2015 budget amount is $425,000). Remainder of the revenue would be dedicated to the city’s capital improvement projects. The following people spoke in support of using part of this money for marketing the City of Grand Island: Cindy Johnson, President of the Chamber of Commerce, 309 West 2nd Street Brad Mellema, Director of the Convention and Visitors Bureau Joseph McDermott, Executive Director of the Nebraska State Fair Steve Kunzman, President of Fonner Park, 2408 Riverside Drive Lewis Kent, 624 Meves Avenue Comments were made concerning the importance of bringing events to the City. Mr. McDermott, Ms. Johnson, and Mr. Mellema commented on incentives to bring events to Fonner Park. Mr. Kunzman asked why this had to be decided now since this tax did not sunset until December 31, 2015. Comments were made by Council to take more time to discuss this issue. Motion by Minton, second by Stelk to approve the ballot language as presented for the Food and Beverage Occupation Ballot. Comments were made concerning changes in the governing body and wanting to hear their thoughts before this issue is decided. Grand Island Council Session - Updated - 8/26/2014 Page 212 / 463 Page 4, City Council Special Meeting, August 19, 2014 Motion by Gilbert, second by Hehnke to postpone this matter until after the budget has been completed after the first of October. Upon roll call vote, Councilmembers Minton, Paulick, Stelk, Gericke, Gilbert, Hehnke, Haase, Donaldson, and Mann voted aye. Councilmember Nickerson voted no. Motion adopted. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Haase to adjourn to Executive Session at 9:33 p.m. for the purpose of a strategy session with respect to labor negotiations with IBEW - Utilities. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Paulick, second by Gilbert to return to Regular Session at 10:28 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 10:28 p.m. City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 213 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-4 #2014-234 - Approving Preliminary Plat for Sterling Estates Subdivision and Final Plat and Subdivision Agreement for Sterling Estates Fourth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - Updated - 8/26/2014 Page 214 / 463 Council Agenda Memo From: Regional Planning Commission Meeting: August 26, 2014 Subject: Sterling Estates Preliminary Plat & Sterling Estates Fourth Subdivision – Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located south of Capital Ave and east of North Road, in the City of Grand Island, in Hall County, Nebraska. Consisting of (78 Lots) and 23.46 acres. Discussion The final plat for Sterling Estates Fourth Subdivision was considered by the Regional Planning Commission at the August 6, 2014 meeting. A motion was made by Ruge and seconded by McCarty to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (McCarty, O’Neill, Connick, Ruge, Heckman, Reynolds, Kjar, Haskins and Bredthauer) and no members abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - Updated - 8/26/2014 Page 215 / 463 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - Updated - 8/26/2014 Page 216 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 217 / 463 Niedfelt Property Management Preferred LLC Developer/Owner Niedfelt Property Management Preferred LLC PO Box 1445 Grand Island NE 68802 To create 78 lots located south of Capital Ave and east of North Rd., in the City of Grand Island, in Hall County, Nebraska. Size: 23.46 acres Zoning: R1 – Suburban Residential Zone Road Access: City Roads Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - Updated - 8/26/2014 Page 218 / 463 July 22, 2014 Dear Members of the Board: RE: Preliminary Plat – Sterling Estates and Final Plat - Sterling Estates Fourth and Fifth Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a preliminary and final plat of Sterling Estates Fourth and Fifth Subdivision, located in the City of Grand Island, in Hall County Nebraska. These final plats propose to create 78 lots on Sterling Estates Fourth Subdivision, on a tract of land located in part of the Northwest Quarter (NW1/4) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in Grand Island, Hall County, NE said tract containing 23.46 acres and 9 lots on Sterling Estates Fifth Subdivision, a replat of all of Lots 1-6, Block 6, Sterling Estates Subdivision in the City of Grand Island in the City of Grand Island, Hall County, Nebraska, said tract containing 3.26 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 August 6, 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 Olsson Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - Updated - 8/26/2014 Page 219 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 220 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-234 WHEREAS the Niedfelt Property Management Preferred, LLC., a Nebraska Limited Liability Company, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “STERLING ESTATES FOURTH SUBDIVIDION”, to be laid out into 78 lots, on a tract of land located in part of the Northwest Quarter (NW1/4) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement 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 STERLING ESTATES FOURTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 221 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-5 #2014-235 - Approving Final Plat and Subdivision Agreement for Sterling Estates Fifth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - Updated - 8/26/2014 Page 222 / 463 Council Agenda Memo From: Regional Planning Commission Meeting: August 26, 2014 Subject: Sterling Estates Fifth Subdivision – Final Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located south of Capital Ave and east of North Road, in the City of Grand Island, in Hall County, Nebraska. Consisting of (9 Lots) and 3.26 acres. Discussion The final plat for Sterling Estates Fifth Subdivision was considered by the Regional Planning Commission at the August 6, 2014 meeting. A motion was made by Ruge and seconded by McCarty to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (McCarty, O’Neill, Connick, Ruge, Heckman, Reynolds, Kjar, Haskins and Bredthauer) and no members abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - Updated - 8/26/2014 Page 223 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 224 / 463 Niedfelt Property Management Preferred LLC Developer/Owner Niedfelt Property Management Preferred LLC PO Box 1445 Grand Island NE 68802 To create 9 lots located south of Capital Ave and east of North Rd., in the City of Grand Island, in Hall County, Nebraska. Size: 3.26 acres Zoning: R1 – Suburban Residential Zone Road Access: City Roads Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - Updated - 8/26/2014 Page 225 / 463 July 22, 2014 Dear Members of the Board: RE: Preliminary Plat – Sterling Estates and Final Plat - Sterling Estates Fourth and Fifth Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a preliminary and final plat of Sterling Estates Fourth and Fifth Subdivision, located in the City of Grand Island, in Hall County Nebraska. These final plats propose to create 78 lots on Sterling Estates Fourth Subdivision, on a tract of land located in part of the Northwest Quarter (NW1/4) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in Grand Island, Hall County, NE said tract containing 23.46 acres and 9 lots on Sterling Estates Fifth Subdivision, a replat of all of Lots 1-6, Block 6, Sterling Estates Subdivision in the City of Grand Island in the City of Grand Island, Hall County, Nebraska, said tract containing 3.26 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 August 6, 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 Olsson Associates This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - Updated - 8/26/2014 Page 226 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 227 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-235 WHEREAS the Niedfelt Property Management Preferred, LLC., a Nebraska Limited Liability Company, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “STERLING ESTATES FIFTH SUBDIVIDION”, to be laid out into 9 lots, a replat of all of Lots 1-6, Block 6, Sterling Estates 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 STERLING ESTATES FIFTH 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, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 228 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-6 #2014-236 - Approving Final Plat and Subdivision Agreement for TLST Spiehs Subdivision Staff Contact: Chad Nabity Grand Island Council Session - Updated - 8/26/2014 Page 229 / 463 Council Agenda Memo From: Regional Planning Commission Meeting: August 26, 2014 Subject: TLST Spiehs Subdivision – Final Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located south of Capital Ave. and east of St. Paul Rd., in the City of Grand Island, in Hall County, Nebraska. Consisting of (2 Lots) and 5.781 acres. Discussion The plat for TLST Spiehs Subdivision Final Plat was considered by the Regional Planning Commission at the August 6, 2014 meeting. A motion was made by Ruge and seconded by McCarty to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (McCarty, O’Neill, Connick, Ruge, Heckman, Reynolds, Kjar, Haskins and Bredthauer) and no members abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - Updated - 8/26/2014 Page 230 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 231 / 463 Timothy Spiehs & Gary Ummel Developer/Owner Timothy Spiehs 909 E Capital Ave Grand Island NE 68801 Gary Ummel 1723 St Paul Rd Grand Island NE 68801 To create 2 lots located south of Capital Ave and east of St. Paul Rd., in the City of Grand Island, in Hall County, Nebraska. Size: 5.781 acres Zoning: LLR – Large Lot Residential Zone Road Access: City Roads Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - Updated - 8/26/2014 Page 232 / 463 July 22, 2014 Dear Members of the Board: RE: Final Plat – TLST Spiehs Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of TLST Spiehs 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 a part of Lot One (1), Norwood Subdivision and a part of the North Ten (10) Acres of the West Half of the Northwest Quarter (W ½ NW ¼) all in section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, said tract containing 5.781 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 August 6, 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 LLC This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - Updated - 8/26/2014 Page 233 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 234 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-236 WHEREAS Timothy S. Spiehs and Lisa M. Spiehs, husband and wife, and Gary Ummel and Estel Ummel, husband & wife being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “TLST SPIEHS SUBDIVISION”, to be laid out into 2 lots, on a tract of land comprising a part of Lot One (1), Norwood Subdivision and a part of the North Ten (10) Acres of the West Half of the Northwest Quarter (W1/2 NW1/4) all in Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement 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 TLST SPIEHS 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, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 235 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-7 #2014-237 - Approving Preliminary and Final Plat and Subdivision Agreement for Kurz Subdivision Staff Contact: Chad Nabity Grand Island Council Session - Updated - 8/26/2014 Page 236 / 463 Council Agenda Memo From: Regional Planning Commission Meeting: August 26, 2014 Subject: Kurz Subdivision – Preliminary Plat & Final Plat Item #’s: G-7 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of 8th St and east of Superior St., in the City of Grand Island, in Hall County, Nebraska. Consisting of (7 Lots) and 1.80 acres. Discussion The preliminary and final plat for Kurz Subdivision was considered by the Regional Planning Commission at the August 6, 2014 meeting A motion was made by Ruge and seconded by McCarty to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (McCarty, O’Neill, Heckman, Ruge, Connick, Reynolds, Kjar, Haskins and Bredthauer) and no members abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - Updated - 8/26/2014 Page 237 / 463 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - Updated - 8/26/2014 Page 238 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 239 / 463 Grand Island Area Habitat for Humanity Developer/Owner Grand Island Area Habitat for Humanity PO Box 1001 Grand Island NE 68802 To create 7 lots located north of 8th Street and east of Superior St., in the City of Grand Island, in Hall County, Nebraska. Size: 1.80 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 - Updated - 8/26/2014 Page 240 / 463 July 22, 2014 Dear Members of the Board: RE: Preliminary Plat & Final Plat – Kurz Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Kurz Subdivision, located in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 7 lots, on a tract of land in part of the Northeast Quarter of the Southeast Quarter (NW 1/4 , SE 1/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, said tract containing 1.80 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 August 6, 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 Keith Kurz This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126. Grand Island Council Session - Updated - 8/26/2014 Page 241 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 242 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-237 WHEREAS the Grand Island Area Habitat for Humanity, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “KURZ SUBDIVISION”, to be laid out into 7 lots, on a tract of land in part of the Northeast Quarter of the Southwest Quarter (NE1/4, SE1/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement 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 KURZ 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, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 243 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-8 #2014-238 - Approving Acquisition of Utility Easement - Next to South Hwy. 281 by Case New Holland This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - Updated - 8/26/2014 Page 244 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-238 WHEREAS, a public utility easement is required by the City of Grand Island from CNH Industrial America LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on August 26, 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: Commencing at the northeast corner of the Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼), Section Twenty Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th PM, in the City of Grand Island, Hall County, Nebraska; thence westerly along the northerly line of said Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼), a distance of four hundred fifty seven and three tenths (457.3) feet to a point on the westerly right-of-way line of U.S. Highway 281 being the ACTUAL Point of Beginning; thence southeasterly 110o 16’ 00” left and running along the westerly right-of-way of said U.S. Highway 281, a distance of three hundred ninety eight and six tenths (398.6) feet to a point of curvature, thence continuing southeasterly along the westerly right-of-way of said U.S. Highway 281, on a 2,774.79 foot radius curve to the right (initial tangent which coincides with the last described course produced), a distance of nine hundred seventy and one tenth (970.1) feet to a point of termination being on the southerly line of the said Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼), said point being one hundred thirty two and four tenths (132.4) feet west of the southeast corner of the said Southeast Quarter of the Northeast Quarter (SE ¼, NE ¼). The above described easement and right-of-way containing 0.6 acres, more or less, as shown on the plat dated 11/15/2013, marked Exhibit “D” 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 CNH Industrial America LLC, on the above-described tract of land. - - - Grand Island Council Session - Updated - 8/26/2014 Page 245 / 463 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska August 26, 2014. _____________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 246 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 247 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-9 #2014-239 - Approving Acquisition of Utility Easement - On the South Side of Airport Road just East of St. Paul Road - Copart This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - Updated - 8/26/2014 Page 248 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-239 WHEREAS, a public utility easement is required by the City of Grand Island from Copart of Connecticut, 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 August 26, 2014, for the purpose of discussing the proposed acquisition of a twenty-seven foot wide easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The northerly twenty seven (27.0) feet of Lot One (1) Garden Place. The above described easement and right-of-way containing 0.92 acres, more or less, as shown on the plat dated 1/15/2013, 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 Copart of Connecticut, Inc., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska August 26, 2014. ______________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 249 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 250 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-10 #2014-240 - Approving Bid Award - Communication Tower & Shelter Project at Phelps Control Center Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - Updated - 8/26/2014 Page 251 / 463 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:August 26, 2014 Subject:Contract for Phelps Control Center Communication Tower and Shelter Building Item #’s:G-10 Presenter(s):Tim Luchsinger, Utilities Director Background The Utilities Department relies on wireless radio communications, both hand held and truck mounted, for work throughout the City. In addition, other wireless communication equipment is utilized, such as the recently installed smart metering system pilot project. To improve the sending and receiving of signals, and to provide additional tower space on which to mount future equipment, Department engineering staff determined a 120 foot tall steel lattice tower, similar to a cell phone tower, would be the best solution. In addition, a small standalone building would be at the base of the tower to house the necessary communication equipment. The tower and building would be placed at the Phelps Control Center where the existing equipment resides. A conditional use permit from the City has been obtained, as well as a permit from the Federal Aviation Administration. Discussion The bid package was sent directly to 9 potential bidders and advertised. The following bids were received by the City on August 12, 2014 for providing the tower and shelter building, and the labor and materials to install both. The engineer’s estimate for this work was $175,000. Bidder Bid Price Exceptions Platte Valley Communications, Grand Island,NE $ 73,723.00 None Allstate Tower Inc., Henderson, KY $109,086.00 Noted Grand Island Council Session - Updated - 8/26/2014 Page 252 / 463 Alternatives It appears that the Council that the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the contract for the Phelps Control Center Communication Tower and Shelter to the low bidder, Platte Valley Communications of Grand Island, Nebraska, in the amount of $73,723.00. Sample Motion Move to approve the contract for the Phelps Control Center Communication Tower and Shelter to Platte Valley Communications of Grand Island, Nebraska, in the amount of $73,723.00. Grand Island Council Session - Updated - 8/26/2014 Page 253 / 463 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:August 12, 2014 at 2:30 p.m. FOR:Communication Tower & Shelter Project DEPARTMENT:Utilities ESTIMATE:$175,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:July 21, 2014 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:Allstate Tower Inc.Platte Valley Communications, Inc. Henderson, KY Grand Island, NE Bid Security:Old Republic Surety Co.Cashier’s Check Exceptions:Noted None Bid Price:$101,950.00 $68,900.00 Sales Tax:$ 7,136.00 $ 4,823.00 Total Bid:$109,086.00 $73,723.00 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. Jeff Mead, Utilities Senior Engineeer P1747 Grand Island Council Session - Updated - 8/26/2014 Page 254 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-240 WHEREAS, the City of Grand Island invited sealed bids for Phelps Control Center Communication Tower and Shelter Building, according to plans and specifications on file with the Utilities Department; and WHEREAS, on August 12, 2014, bids were received, opened and reviewed; and WHEREAS, Platte Valley Communications 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 $73,723.00; and WHEREAS, the bid of Platte Valley Communications is less than the estimate for the Phelps Control Center Communication Tower and Shelter Building. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Platte Valley Communications of Grand Island Nebraska, in the amount of $73,723.00, for the Phelps Control Center Communication Tower and Shelter Building, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 255 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-11 #2014-241 - Approving Bid Award - Ortho-Polyphosphate for Corrosion Control Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - Updated - 8/26/2014 Page 256 / 463 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:August 26, 2014 Subject:Purchase of Liquid Ortho-Polyphosphate for Corrosion Control Item #’s:G-11 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The City was issued an Administrative Order by the Nebraska Health and Human Services on March 24, 1998, requiring compliance with the Lead and Copper Rule. Because City water was corrosive enough to leach copper from household plumbing and fixtures in excess of EPA limits, the order required the preparation of an Optimum Corrosion Control Treatment program (OCCT). The OCCT program includes the addition of liquid ortho-polyphosphate solution to the source water to reduce the corrosiveness of the naturally occurring source water. The addition was implemented in May 2003. Subsequent testing of the water system indicates that the goal of reducing corrosiveness, and thus copper levels, to comply with the regulatory order has been achieved. Discussion The Utilities Department solicits bids annually for the treatment solution. The current contract to provide the additive for this year is completed. Therefore, specifications for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control for another year were prepared and issued for bid. The specifications require a firm price for the product to maintain the guaranteed dose rate. Bids were publicly opened on August 14, 2014. Four bids were received as listed below. The bids were evaluated based upon the total cost to treat 4.5 billion gallons of water (a high estimate of annual treatment needed). The engineer’s estimate for this project was $175,000.00. Bidder Unit Price/gal Price/mil gal Annual cost Carus Phosphates, Inc.$ 4.651 $18.604 $ 83,718.00 Grand Island Council Session - Updated - 8/26/2014 Page 257 / 463 Hawkins, Inc.$ 4.780 $19.120 $ 86,040.00 Shannon Chemical Corporation $ 6.770 $27.080 $121,860.00 AquaSmart, Inc.$ 8.620 $31.890 $143,505.00 Department staff has reviewed the bids for compliance with the City’s detailed specifications. The products proposed by the suppliers are similar in chemical composition, as well as with another product successfully used in the past. The current dosage rate has been approved as part of the OCCT and has proven to achieve compliance with State Health Department Regulations. Based on using the same dosage rates, the current supplier, Carus Phosphates, is recommended as the low evaluated bidder. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the purchase of Liquid Ortho-Polyphosphate for Corrosion Control be awarded to Carus Phosphates, Inc., from Peru, Illinois, as the low responsive bidder, for a not-to-exceed price of $18.604 per million gallons of water treated; an annual amount estimate at $83,718.00. The actual annual amount will depend on City water usage. Sample Motion Move to approve bid award for Liquid Ortho-Polyphosphate for Corrosion Control in the amount of $18.604 per million gallons of treated water, to Carus Phosphates, Inc., of Peru, Illinois. Grand Island Council Session - Updated - 8/26/2014 Page 258 / 463 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:August 14 2014 at 2:00 p.m. FOR:Purchase of Liquid Ortho-Polyphosphate for Corrosion Control DEPARTMENT:Utilities ESTIMATE:$175,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:August 5, 2014 NO. POTENTIAL BIDDERS:10 SUMMARY Bidder:Hawkins, Inc.Carus Chemical Company Minneapolis, MN Peru, IL Bid Security:Western Surety Co.International “Fidelity Ins. Co. Exceptions:None None Unit Price Bid:$4.78 $4.651 Unit Cost of Treatment:$19.12 $18.604 Total Cost:$86,040.00 $83,718.00 Bidder:Aqua Smart, Inc.Shannon Chemical Atlanta, GA Exton, PA Bid Security:Cashier’s Check Cashier’s Check Exceptions:Noted None Unit Price Bid:$8.62 $6.77 Unit Cost of Treatment:$31.89 $27.08 Total Cost:$143,505.00 $121,860.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary Emily Muth, Reg./Environmental Mgr. P1758 Grand Island Council Session - Updated - 8/26/2014 Page 259 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-241 WHEREAS, the City Water Department invited sealed bids for Liquid Ortho- Polyphosphate for Corrosion Control; and WHEREAS, on August 14, 2014, bids were received, opened and reviewed; and WHEREAS, Carus Phosphates, Inc., of Peru, Illinois, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, for a not to exceed price or $18.604 per million gallons of water treated, at an annual amount estimated at $83,718.00 (the actual annual amount will depend on City water usage); and WHEREAS, the bid of Carus Phosphates, Inc., is less than the estimate for Liquid Ortho-Polyphosphate for Corrosion Control. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Carus Phosphates, Inc., of Peru, Illinois, for a not to exceed price of $18.604 per million gallons of water treated, in an annual amount estimated at $83,718.00, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 260 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-12 #2014-242 - Approving Change Order #1 - Construction of Substation "J" - IES Commercial, Inc. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - Updated - 8/26/2014 Page 261 / 463 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:August 26, 2014 Subject:Substation J Construction - Change Order #1 Item #’s:G-12 Presenter(s):Timothy Luchsinger, Utilities Director Background On September 24, 2013, City Council approved the contract for construction of a new electrical substation to IES Commercial, Inc., of Holdrege, Nebraska. The new substation is located in the northwest corner of Platte Generation Station property. The substation was recommended in order to reliably serve the expanding load in the Platte Valley Industrial Park and along the Highway 281 corridor. Construction is well underway with an estimated completion later this year. Discussion During the construction of the substation, several minor changes were made to improve the design and correct minor deficiencies. In addition, due to the separation of the control building and relay panels from the construction contract, some labor and material quantities were unknown when contracts were originally awarded. All additions to date have been included. The total for this change order is $97,844.00 and increases the contract by approximately 4% to $2,570,678.38. 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 - Updated - 8/26/2014 Page 262 / 463 Recommendation City Administration recommends that Council approve Change Order #1 to the Contract for Substation J Construction to IES Industrial, Inc., of Holdrege, Nebraska, in the amount of $97,844.00, for a final contract amount of $2,570,678.38. Sample Motion Move to approve Change Order #1 for Substation J Construction to IES Industrial, Inc., in the amount of $97,844.00, for a final contract amount of $2,570,678.38. Grand Island Council Session - Updated - 8/26/2014 Page 263 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 264 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 265 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-242 WHEREAS, IES Commercial, Inc., of Holdrege, Nebraska was awarded the contract for construction of Substation J, at the September 24, 2013 City Council meeting; and WHEREAS, during construction, several minor changes were made to improve the design and correct minor deficiencies; and WHEREAS, due to the separation of the control building and relay panels from the construction contract, some labor and material quantities were unknown when contracts were originally awarded; and WHEAREAS, Change Order #1 was prepared for a contract adjustment of an increase in the amount of $97,844.00, resulting in a final contract amount to date of $2,570,678.38. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with IES Commercial, Inc., of Holdrege, Nebraska, resulting in an increased cost of $97,844.00, for a final contract price to date of $2,570,678.38, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________ Jay Vavricek, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 266 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-13 #2014-243 - Approving Change Order #1 - Installation of 72/48 Fiber - Contract #2013-OPWG-V with IES Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - Updated - 8/26/2014 Page 267 / 463 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:August 26, 2014 Subject:Change Order #1 – Installation of 72/48 Fiber OPGW Shield Wire – IES Item #’s:G-13 Presenter(s):Timothy Luchsinger, Utilities Director Background The referenced project was awarded to IES Commercial, Inc., of Holdrege, Nebraska at the September 24, 2013 Council meeting. The construction contract completes the fiber optics loop between the Electric Service Center (1116 W. North Front Street) and the City’s Substation “B” (3645 Faidley Avenue). The project also extends fiber to the Utilities Engineering Office (1306 W. 3rd Street); and to the City Library (211 N. Washington Street). The installation provides high speed communication, internet service, and redundant network connections between City Hall and off-site locations. Attached is a site map of the project. Discussion The project specified furnishing and installing an OPGW (optical ground wire) aerial fiber optic cable. The OPGW is installed at the top of power poles and provides multiple functions. The conductive part of the cable serves to “ground” the electric system, and shields the high-voltage conductors from lightning strikes. The optical fibers within the cable are used for transmitting voice, data, and system control communication. During installation of the OPGW cable, it was determined that instead of removing the existing shield wire and replacing it with the new OPGW, it would be beneficial to utilize both sets of conductors. This would provide additional system protection, and a quicker and cleaner installation; thereby insuring a safer work environment, and less chance of power outages during and following the reconstruction. Grand Island Council Session - Updated - 8/26/2014 Page 268 / 463 Since less labor was required for shield conductor change-out, the Utilities Department entered into negotiations with IES to reduce the project’s original contract amount of $307,117.00. The result is Change Order #1, decreasing the contract amount by $34,000.00. The new contract amount is $273,117.00. 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 Change Order #1, decreasing the contract amount due to IES Commercial, Inc., by $34,000.00. Sample Motion Move to approve Change Order #1; decreasing the amount due to IES Commercial, Inc., of Holdrege, Nebraska, by $34,000.00, for Contract 2013-PPGW-V – Installation of 72/48 Fiber OPGW Shield Wire. Grand Island Council Session - Updated - 8/26/2014 Page 269 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 270 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-243 WHEREAS, IES Commercial, Inc., of Holdrege, Nebraska was awarded the contract for Installation of 72/48 Fiber OPGW Shield Wire, at the September 24, 2013 City Council meeting; and WHEREAS, during installation of the OPGW cable, it was determined that instead of removing the existing shield wire and replacing it with the new OPGW, it would be beneficial to utilize both sets of conductors; and WHEREAS, this change would provide additional system protection, and a quicker and cleaner installation; thereby insuring a safer work environment, and less chance of power outages during and following the reconstruction; and WHEREAS, the Utilities Department entered into negotiations with IES to reduce the project’s original contract amount; and WHEAREAS, Change Order #1 was prepared for a contract adjustment of a decrease in the amount of $34,000.00, resulting in a final contract amount of $273,117.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with IES Commercial, Inc., of Holdrege, Nebraska, resulting in a decreased cost of $34,000.00, for a final contract price of $273,117.00, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. ________________________________ Jay Vavricek, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 271 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-14 #2014-244 - Approving Acquisition of Public Utility Easement for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S- 4 (J & B Rentals, LLC) This item relates to the aforementioned Public Hearing item E-5. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - Updated - 8/26/2014 Page 272 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-244 WHEREAS, a public utility easement is required by the City of Grand Island, from an affected property owner for the North Interceptor Phase II; Sanitary Sewer Project No. 2013-S-4, described as follows: Tract No Owner Legal Total 6 J & B Rentals, LLC A TRACT OF LAND COMPRISING PART OF LOT TWO (2) NORWOOD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT TWO (2); THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT TWO (2) A DISTANCE OF 85.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG THE SOUTH LINE OF THE NORTH 85.00 FEET OF SAID LOT TWO (2) A DISTANCE OF 62.00 FEET; THENCE SOUTHERWESTERLY TO A POINT ON THE WEST LINE OF SAID LOT TWO (2), SAID POINT BEING 122.73 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT TWO (2); THENCE NORTHELRY ALONG SAID WEST LINE OF LOT TWO (2) A DISTANCE OF 37.73 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1,170 SQUARE FEET OR 0.027 ACRES MORE OR LESS. $100.00 $100.00 WHEREAS, an agreement for the public 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 public utility easement on the above described tract of land, in the amount of $100.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 273 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-15 #2014-245 - Approving the Adoption of a Resolution Designating Responsible Charge Individuals for Federal Aid Transportation Projects Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - Updated - 8/26/2014 Page 274 / 463 Council Agenda Memo From:Terry Brown, Assistant Public Works Director Meeting:August 26, 2014 Subject:Approving the Adoption of a Resolution Designating Responsible Charge Individuals for Federal Aid Transportation Projects Item #’s:G-15 Presenter(s):John Collins PE, Public Works Director Background Grand Island is a Local Public Agency (LPA) in the State of Nebraska receiving federal transportation funding from the Federal Highway Administration (FHWA). FHWA federal transportation funds are limited to Roadway, Bridge, and Trail Projects. As a sub- recipient of federal transportation funding, the City of Grand Island is charged with the responsibility of spending these funds in accordance with Federal and State law. The Nebraska Department of Roads (NDOR) administers these funds under guidelines in the NDOR's Local Projects Agency (LPA) Manual. Discussion There are a number of requirements to comply with the NDOR’s LPA Manual, one of which is the designation of a Responsible Charge (RC) individual to oversee federal aid transportation projects. At the December 21, 2010 council meeting Project Manager, Scott Griepenstroh, was named the City’s RC for all projects receiving federal transportation funding. With the recent resignation of Scott, all projects are being transferred to Terry Brown, Assistant Public Works Director, as the RC. 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 - Updated - 8/26/2014 Page 275 / 463 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation Public Works Administration recommends that the Council approve a resolution, designating Terry Brown as the Responsible Charge for all currently active federal aid transportation projects. Sample Motion Move to approve the resolution designating Responsible Charge individuals. Grand Island Council Session - Updated - 8/26/2014 Page 276 / 463 DISCLAIMER APPLICABLE TO THE LPA RESOLUTION DESIGNATING RC The following is a resolution drafted by the Nebraska Department of Roads (NDOR) that includes definitions and substantive commitments required of a Local Public Agency (LPA) when designating a public employee to be in Responsible Charge (RC) of a Federal-aid transportation project. This sample resolution should only be used after the LPA has thoroughly reviewed all Federal-aid program requirements, investigated all issues related to the LPA’s statutory duties and responsibilities, and determined that it is in its best interest to designate a RC public employee and to undertake a Federal-aid project. NDOR has not made any effort to investigate, or include in this sample resolution, the other requirements that the LPA must meet in order to undertake a project of this type or to designate a RC. Any changes to the definitions or the substantive commitments of this sample resolution shall be approved in advance in writing by NDOR, or such changes will be considered null and void. The LPA is ultimately responsible for all language used in its actual resolution and in making sure that the resolution is accurate and complete and meets all requirements of Federal, State and local laws, rules, regulations, policies and guidelines, and the NDOR LPA Guidelines Manual for Federal-aid Projects. Grand Island Council Session - Updated - 8/26/2014 Page 277 / 463 RESOLUTION (DESIGNATING RC) City of Grand Island ______ Resolution No. __2014-245___ Whereas: The CITY OF GRAND ISLAND has a full-time public employee on staff, or has obtained the services of a full-time public employee (an inter-local cooperation agreement, if applicable, is attached) who is fully qualified and has the time and interest in serving as a “Responsible Charge” (RC) for this project. The designated RC will be in day-to-day responsible charge of all aspects of the project, from planning through post-construction activities, with the express purpose of doing all things necessary for the project to remain eligible for federal-aid transportation project funding; and Whereas: the RC will ensure that, at a minimum, (1) the project receives independent and careful development, supervision and inspection, (2) the project is constructed in compliance with the plans and specifications, (3) all aspects of the project, from planning through construction activities, including all environmental commitments, remain eligible for federal funding, and (4) decisions made and actions taken for the project have adequate supporting documentation filed in an organized fashion. For purposes of this resolution, the following definitions will apply: Fully qualified means a person who has satisfactorily completed all applicable Nebraska Department of Roads (NDOR) training courses and who has met the other requirements necessary to be included on the NDOR list of qualified Local Public Agency (LPA) RCs. Full-time public employee means a public employee who meets all the requirements and is afforded all the benefits of full-time employees as that phrase is applied to other employees of the employing public entity. A person is not a full-time public employee if that person provides outside private consulting services, or is employed by any private entity, unless that person can prove to NDOR in advance, that employee’s non-public employment is in a field unrelated to any aspect of the project for which federal aid is sought. Public employee means a person who is employed solely by a county, a municipality, a political subdivision; a Native American tribe; a school district; another entity that is either designated by statute as public or quasi-public; or an entity included on the list of entities determined by the NDOR, and approved by the Federal Highway Administration (FHWA), as fulfilling public or quasi-public functions. Grand Island Council Session - Updated - 8/26/2014 Page 278 / 463 Responsible charge means the public employee who is fully empowered by the LPA and has actual day-to-day working knowledge and responsibility for all decisions related to all aspects of the federal-aid project from planning through construction project activities, including all environmental commitments. The RC is the day-to-day project manager, and the LPA’s point-of-contact for the project. Responsible charge does not mean merely delegating the various tasks; it means active day-to-day involvement in identifying issues, investigating options, working directly with stakeholders, making decisions, and actively monitoring project construction. It is understood that the RC may delegate or contract certain technical tasks associated with the project so long as the RC actively manages and represents the owner’s interests in the delegated technical tasks. Be It Resolved: by the City Council of the CITY OF GRAND ISLAND that: TERRY BROWN is hereby designated as Responsible Charge (RC) for pre-construction and construction phases, in accordance with the Project Program Agreement previously executed, the NDOR LPA Guidelines Manual for Federal-aid Projects, and all Federal, State and local laws, rules, regulations, policies and guidelines for the following Federal-aid transportation projects: NDOR Project Number [SRTS-40(57)], NDOR Control Number [42521], Walk to Walnut Safe Routes to School Project at 15th Street and Custer Avenue NDOR Project Number [URB-5436(5)], NDOR Control Number [42707], Capital Avenue Widening from Webb Road to Broadwell Avenue NDOR Project Number [URB-30-4(151)], NDOR Control Number [42477], Storm Sewer from US Highway 30 to Wasmer Detention Cell NDOR Project Number [ENH-40(59)], NDOR Control Number [42650], Bike Trail along Moore’s Creek Drainway; State Street to Capital Avenue Grand Island Council Session - Updated - 8/26/2014 Page 279 / 463 NDOR Project Number [ENH-40(61)], NDOR Control Number [42666] Mormon Island bridges on Locust Street north of I-80 NDOR Project Number [ENH-40(60)], NDOR Control Number [42651] Grand Island – 3rd Street & Wheeler Avenue Historical Lighting Project NDOR Project Number [URB-5409(2)] NDOR Control Number [42706] Various Locations in Grand Island The City of Grand Island assures and agrees that: 1)It has authorized and fully empowered the RC to be in day-to-day responsible charge of the subject federal-aid project; this does not mean merely supervising, overseeing or delegating the various tasks, it means active day-to-day involvement in the project including identifying issues, investigating options, working directly with stakeholders, and decision-making. 2)The RC is a full-time public employee. 3)The RC is fully qualified and has successfully completed required training to serve as a RC. 4)It will allow the RC to spend all time reasonably necessary to properly discharge all duties associated with the project, including ensuring that all aspects of the project, from planning through post-construction activities, remain eligible for federal-aid highway project funding. 5)It will not assign other duties to the RC that would affect his or her ability to properly carry out the duties set out in this agreement. 6)It will provide necessary office space, materials and administrative support for the RC. 7)It will fully cooperate with, support and not unreasonably interfere with the day-to-day control of the RC concerning the acts necessary for making the project eligible for federal funding. 8)It will take all necessary actions and make its best good faith efforts to comply and assist the RC in complying with all federal and state requirements and policies applicable to federal-aid transportation projects, including, but not limited to, all applicable requirements of 23 CFR 635.105. Grand Island Council Session - Updated - 8/26/2014 Page 280 / 463 9)It will take all necessary actions and make its best good faith efforts to ensure that the RC’s work on the project would be deemed to meet the same standards that the Nebraska Department of Roads must meet under 23 CFR 635.105. 10)It will comply with the conflict-of-interest requirements of 23 CFR 1.33. 11)It will notify NDOR immediately in the event the designated RC(s) will no longer be assigned to the project. A supplemental agreement designating a replacement RC may be required by NDOR. 12)It is ultimately responsible for complying with all federal and state requirements and policies applicable to federal-aid highway projects. This includes meeting all post- construction environmental commitments. The LPA understands that failure to meet any eligibility requirements for federal funding may result in the loss of all Federal funding for the project. In the event that the acts or omissions of RC, the LPA or its agents or representatives result in a finding that a project is ineligible for Federal funding, the LPA will be required to repay NDOR some or all previously paid Federal funds and any costs or expenses NDOR has incurred for the project, including but not limited to, those costs for the RC. The CITY OF GRAND ISLAND understands that the following are the duties of the RC: a)Serve as the LPA’s contact for issues or inquiries for Federal-aid projects assigned by the LPA; b)Ensure that all applicable Federal, State and local laws, rules, regulations, policies and guidelines are followed during the development and construction of the project; c)Know and follow the NDOR LPA Guidelines Manual for Federal-aid Projects; d)Have active day-to-day involvement in identifying issues, investigating options, working directly with stakeholders, and decision-making; e)Ensure that the project plans and specifications are sealed, signed and dated by a professional engineer licensed in the State of Nebraska, and that estimates have been prepared and the construction has been observed by a professional engineer licensed in the State of Nebraska or a person under the direct supervision of a professional engineer licensed in the State of Nebraska (reference Neb. Rev. Stat. § 81-3445); f)Competently manage and coordinate the project day-to-day operations, including all project-related decisions, on behalf of the LPA, which includes the LPA’s governing body, staff and any extended staff dedicated to the project such as consulting engineers; g)Ensure that project documents are thoroughly checked, reviewed and have had quality control measures applied, prior to submitting to NDOR and/or FHWA; h)Monitor the progress and schedule of the project and be responsible for ensuring that the project is completed on time in accordance with established milestone dates; i)Properly serve as the owner’s representative, and to visit the project site during construction on a frequency commensurate with the magnitude and complexity of the project; j)Ensure that proper construction management processes have been developed and implemented for the project; Grand Island Council Session - Updated - 8/26/2014 Page 281 / 463 k)Serve as a steward of the public funds, i.e. ensure that the public gets what it is paying for; l)Attend all required training including the annual workshop; and m)Fulfill continuing education requirements as specified in the NDOR LPA Guidelines Manual for Federal-aid Projects. Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. The City Council of the CITY OF GRAND ISLAND Vaughn Minton Kent Mann Peg Gilbert Mark Stelk Julie Hehnke Linna Dee Donaldson Mike Paulick Mitch Nickerson Chuck Haase John Gericke Council Member_______________________________ Moved the adoption of said resolution Member ___________________ Seconded the motion Roll Call: ___Yes ___No ___Abstained ___Absent Resolution adopted, signed and billed as adopted ____________________________________ Jay Vavricek, Mayor Attest: _________________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 282 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-16 #2014-246 - Approving Agreement for Temporary Construction Easement for Faidley Avenue Paving Improvements; Project No. 2014-P-1 (T & E Cattle Company) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - Updated - 8/26/2014 Page 283 / 463 Council Agenda Memo From:Keith Kurz PE, Public Works Engineer Meeting:August 26, 2014 Subject:Approving Agreement for Temporary Construction Easement for Faidley Avenue Paving Improvements; Project No. 2014-P-1 (T & E Cattle Company) Item #’s:G-16 Presenter(s):John Collins PE, Public Works Director Background On January 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for Faidley Avenue Paving Improvements; Project No. 2014-P-1. Alfred Benesch & Company of Lincoln, Nebraska was awarded an agreement in the amount of $60,885.81 for engineering design services, by Resolution No. 2014-49. This project will extend paving to join the two (2) existing segments of Faidley Avenue, between North Road and Irongate Avenue. Temporary Construction Easements are necessary for this project to be completed, which must be approved by City Council. Discussion Temporary construction easements are needed from T & E Cattle Company in this project area. The necessary documents have been signed and returned by the property owner. Authorization of the documents is contingent upon City Council approval. There will be no compensation for said temporary construction easements. Grand Island Council Session - Updated - 8/26/2014 Page 284 / 463 Temp Easement No Owner/Address Legal Payment Payment of Damages Total 1 T & E Cattle Company Temporary Access Easement No. 1- A temporary access easement located in part of the West Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: A 15 foot strip adjacent to the existing north R.O.W. line of Faidley Avenue, in the West Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West, said temporary access easement contains a calculated area of 0.41 acres (17,663.4 square feet) more or less. AND A 30 foot strip adjacent to the existing south R.O.W. line of Faidley Avenue in the West Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West. Said temporary access easement contains a calculated area of 0.81 acres (35,316.3 square feet) more or less. Temporary Access Easement No. 2 – A temporary access easement located in part of the East Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: The Northwesterly portion of the East Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West, north of the existing 80 foot Faidley Avenue R.O.W. and south of the existing 60 foot ditch R.O.W.. Said temporary access easement contains a calculated area of 2.74 acres (119,407.1 square feet) more or less. AND A 15 foot strip adjacent to the existing south R.O.W. line of Faidley Avenue in the East Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West. Said temporary acess easement contains a calculated area of 0.32 acres (13,808.4 square feet) more or less. $0.00 $0.00 $0.00 Grand Total $0.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee Grand Island Council Session - Updated - 8/26/2014 Page 285 / 463 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Agreement for Temporary Construction Easements between the City of Grand Island, Public Works Department and the affected property owner in the Faidley Avenue Paving Improvements; Project No. 2014-P-1. Sample Motion Move to approve the Temporary Construction Easement Agreement. Grand Island Council Session - Updated - 8/26/2014 Page 286 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 287 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 288 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-246 WHEREAS, a temporary construction easement agreement is required by the City of Grand Island, from the affected property owner in the Faidley Avenue Paving Improvements; Project No. 2014-P-1 area, as follows: Temp Easement No Owner/Address Legal Payment Payment of Damages Total 1 T & E Cattle Company Temporary Access Easement No. 1- A temporary access easement located in part of the West Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: A 15 foot strip adjacent to the existing north R.O.W. line of Faidley Avenue, in the West Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West, said temporary access easement contains a calculated area of 0.41 acres (17,663.4 square feet) more or less. AND A 30 foot strip adjacent to the existing south R.O.W. line of Faidley Avenue in the West Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West. Said temporary access easement contains a calculated area of 0.81 acres (35,316.3 square feet) more or less. Temporary Access Easement No. 2 – A temporary access easement located in part of the East Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: The Northwesterly portion of the East Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West, north of the existing 80 foot Faidley Avenue R.O.W. and south of the existing 60 foot ditch R.O.W.. Said temporary access easement contains a calculated area of 2.74 acres (119,407.1 square feet) more or less. AND A 15 foot strip adjacent to the existing south R.O.W. line of Faidley Avenue in the East Half of the Southwest Quarter of Section 13, Township 11 North, Range 10 West. Said temporary acess easement contains a calculated area of 0.32 acres (13,808.4 square feet) more or less. $0.00 $0.00 $0.00 Grand Total $0.00 Grand Island Council Session - Updated - 8/26/2014 Page 289 / 463 - 2 - WHEREAS, an Agreement for Temporary Easements 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 Agreements for Temporary Easements on the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 290 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-17 #2014-247 - Approving Agreement for Utility Relocation Services to be performed by NorthWestern Energy for the Capital Avenue – Webb Road to Broadwell Avenue Project Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - Updated - 8/26/2014 Page 291 / 463 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:August 26, 2014 Subject:Approving Agreement for Utility Relocation Services to be performed by NorthWestern Energy for the Capital Avenue – Webb Road to Broadwell Avenue Project Item #’s:G-17 Presenter(s):John Collins PE, Public Works Director Background All agreements must be approved by the City Council. The Capital Avenue – Webb Road to Broadwell Avenue widening 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. This project will receive federal funding through the Surface Transportation Program (STP), which has typically been applied on an 80/20 basis. However, due to changes brought about by the new federal highway bill, the Moving Ahead for Progress in the 21st Century Act (MAP-21), federal funding for this project has been capped. Reference is made to Resolution 2013-141 approved by City Council on May 14, 2013. The improvements require that utilities owned by the City of Grand Island, Northwestern Energy and CenturyLink are relocated due to the roadway widening and the construction of the hike/bike trail. Grand Island Council Session - Updated - 8/26/2014 Page 292 / 463 Discussion During the project design process, Public Works staff and the design team from Olsson Associates met with officials from NorthWestern Energy to review impacts the roadway improvement would have on their gas line and associated facilities. Through these meetings, it was determined where aboveground structures will be in conflict with the roadway improvements and where underground gas line will need to be relocated. The estimated cost for the relocation work of NorthWestern Energy’s facilities is $620,000.00. Since the facilities resided in a private easement formerly owned by NorthWestern Energy on the north side of Capital Avenue, the relocation work is a project cost and eligible for federal aid. The Nebraska Department of Roads Local Projects Division developed the agreement for utility relocation services. The Capital Improvements Program will fund the utility relocation costs, and the City will be reimbursed 80% of the actual costs. Final design plans have been submitted by Olsson Associates to the Nebraska Department of Road for review. Acquisition of right-of-way and easements has been completed. Construction of this project is anticipated to begin in 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 agreement for Utility Relocation Services to be performed by NorthWestern Energy for the Capital Avenue – Webb Road to Broadwell Avenue Project. Sample Motion Move to approve the agreement. Grand Island Council Session - Updated - 8/26/2014 Page 293 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 294 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 295 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 296 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 297 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 298 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 299 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 300 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 301 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 302 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 303 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 304 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 305 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 306 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 307 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 308 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 309 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-247 WHEREAS, the City of Grand Island is developing a transportation project for which it intends to obtain Federal funds; and WHEREAS, the City of Grand Island as a sub-recipient of Federal-Aid funding is charged with the responsibility of expending said funds in accordance with Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of the Federal-aid project; and WHEREAS, the City of Grand Island and Northwestern Energy wish to enter into a Utility Services Agreement to provide utility relocation services for the Federal-aid project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Utility Services Agreement between the City of Grand Island and Northwestern Energy is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 310 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item G-18 #2014-248 - Approving Subordination Agreement for Miguel & Maria Mendoza - 405 E. 3rd Street Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - Updated - 8/26/2014 Page 311 / 463 Council Agenda Memo From:Tonja Carey, Community Development Council Meeting:August 26, 2014 Subject:Approving Subordination Agreement for 405 E. 3rd Street Item #’s:G-18 Presenter(s):Jaye Monter, Finance Director Background The City Of Grand Island has a Deed of Trust filed on property owned by Miguel A. Mendoza and Maria I. Mendoza, a married couple, located at 405 E. 3rd Street, in the amount of $24,697.34. On November 13, 2008, Community Development Block Grant funds in the amount of $24,697.34 were loaned to Miguel A. Mendoza and Maria I. Mendoza, a married couple, to assist in the rehabilitation of a home in the Owner- occupied rehabilitation program as part of the Community Development Block Grant program. The legal description is: Lot Four (4), Block Seventy (70), Original Town, now City Of Grand Island, Hall County, Nebraska. The owner is requesting permission from the City to subordinate to a new mortgage amount of $43,000.00 and accept second position to the first mortgage. Miguel A. Mendoza and Maria I. Mendoza, a married couple, currently own the property and are seeking a new mortgage with First National Bank of Omaha. The new lender is requesting first position on the Deed of Trust. The house will remain occupied and property taxes will continue to be paid. The equity in the property is in excess of the lien amounts held by both the City and the bank. Discussion The City’s current lien is in the amount of $24,697.34, which has a balance of $12,140.79 due to 10% being forgiven annually. A new lien in the amount of $43,000.00 with First National Bank of Omaha would replace the City of Grand Island’s senior lien. By law, Grand Island Council Session - Updated - 8/26/2014 Page 312 / 463 the new lien, with First National Bank of Omaha, would be junior in priority to the City’s lien; however, the First National Bank of Omaha, has asked the City to subordinate its lien to the new lien. The appraised value of the property is $95,000.00, as of August 1, 2014, and is sufficient to secure the first mortgage of $43,000.00 and the City’s remaining mortgage of $12,140.79. The new loan would secure a fixed interest rate of 4.375%. The City’s loan, with a remaining balance of $12,140.79, is a zero percent interest loan that is due only when the homeowners sell the house. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Subordination Agreement 2.Refer the issue to a Committee 3.Postpone the issue to a later date 4.Take no action on the issue RECOMMENDATION City Administration recommends that the Council approves the Subordination Agreement with First National Bank of Omaha, placing the City in the junior position to the new Deed of Trust. Sample Motion Move to recommend approval of the Subordination Agreement with First National Bank of Omaha, placing the City in the junior position to the new Deed of Trust. Grand Island Council Session - Updated - 8/26/2014 Page 313 / 463 Subordination Request from Miguel Mendoza Santamaria & Maria I. Mendoza The City Of Grand Island has a Deed of Trust filed on property at 405 E. 3rd Street in the amount of $24,697.34. On November 13, 2008, Community Development Block Grant funds were loaned to the owners to assist in the rehabilitation of a home in the Owner- occupied rehabilitation program. The address is 405 E. 3rd Street. The legal description is: Lot Four (4), Block Seventy (70), Original Town, now City Of Grand Island, Hall County, Nebraska. The owner is requesting permission from the City to subordinate to a new mortgage to be held by First National Bank of Omaha and thereby accept second position to the new mortgage. Miguel A. Mendoza and Maria I. Mendoza, a married couple, currently own the property and are seeking a new mortgage with First National Bank of Omaha. The new lender is requesting first position on the Deed of Trust. The house will remain occupied and property taxes will continue to be paid. The equity in the property is in excess of the lien amounts held by both the City and the bank. The City’s current lien is in the amount of $24,697.34, which has a current balance of $12,140.79 due to 10% being forgiven annually. A new lien in the amount of $43,000.00 with First National Bank of Omaha would replace the City of Grand Island’s senior lien. By law, the new lien would be junior in priority to the City’s lien; however, the First National Bank of Omaha, has asked the City to subordinate its lien to the new lien. The appraised value of the property is $95,000.00 as of August 1, 2014, and is sufficient to secure the first mortgage of $43,000.00 and the City’s remaining mortgage of $12,140.79. The new loan would secure a fixed interest rate of 4.375%. The City’s loan, with a remaining balance of $12,140.79, is a zero percent interest loan that is due only when the homeowners sell the house. $ 43,000.00 New lien $ 12,140.79 City’s lien $ 55,140.79 First and second lien total $ 95,000.00 August 1, 2014 Appraisal amount Old house payment: $0 (mortgage was paid in full) New house payment: $431.31 4.375% fixed interest rate Grand Island Council Session - Updated - 8/26/2014 Page 314 / 463 SUBORDINATION AGREEMENT COMES NOW the City of Grand Island, Nebraska, secured party/beneficiary and hereby partially subordinates its trust deed/real estate lien recorded November 13, 2008 on the following described real estate: Lot Four (4), Block Seventy (70), Original Town, now City Of Grand Island, Hall County, Nebraska. It is the intent of this Agreement that the trust deed for amounts loaned by First National Bank of Omaha to Miguel Mendoza Santamaria & Maria I. Mendoza (Borrower) that has been or is about to be filed, shall be superior to the trust deed/real estate lien of the City of Grand Island, its successors and assigns recorded November 13, 2008, up to the amount of $43,000.00 plus interest and amounts advanced to protect the collateral. Thereafter, the City of Grand Island’s lien shall have priority. It is further understood that this subordination shall include all current obligations, extensions, renewals, advances or modifications made by the City of Grand Island, Nebraska to Borrowers which is secured by the trust deed/real estate lien recorded November 13, 2008 as Document Number 0200809416 in the records of the Register of Deeds of Hall County, Nebraska. Nothing in this Subordination Agreement is intended as a promise to provide financing or make advances to Borrowers by the City of Grand Island, Nebraska and it is not the intention of the City of Grand Island, Nebraska to warrant or guarantee the obligations of Borrowers but merely to partially subordinate its lien interests under the instrument recorded at Document Number 0200809416. It is understood that First National Bank of Omaha intends to lend funds to Borrowers but that the subordinated amount is not to exceed $43,000.00 plus interest and amounts advanced to protect the collateral. Nothing in this instrument is intended to relieve Borrowers of their obligation to the City of Grand Island, Nebraska or to subordinate any other lien interests including, but not limited to, real estate taxes and special assessments. Dated: __________________City of Grand Island, Nebraska By_____________________________________ STATE OF NEBRASKA )Jay Vavricek, Mayor )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me on ______________________, 2014, by Jay Vavricek, Mayor of the City of Grand Island, Nebraska. ______________________________ Notary Public Grand Island Council Session - Updated - 8/26/2014 Page 315 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-248 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated September 17, 2008 and recorded on November 13, 2008, as Instrument No.0200809416, in the amount of $24,697.34 secured by property located at 405 E. 3rd Street and owned by Miguel A.Mendoza and Maria I. Mendoza, a married couple, said property being described as follows: Lot Four (4), Block Seventy (70), Original Town, now City Of Grand Island, Hall County, Nebraska. WHEREAS Miguel A. Mendoza & Maria I. Mendoza, wish to execute a Deed of Trust in the amount of $43,000 with First National Bank of Omaha, to be secured by the above- described real estate upon the subordination of the City’s Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans; and WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties; and WHEREAS, the City Attorney’s office has reviewed and approved the proposed agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust Miguel A. Mendoza and Maria I. Mendoza, a married couple, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of First National Bank of Omaha, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 316 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-1 #2014-249 - Consideration of Request from Jacqueline E. Bowen dba j. elizabeth and the Happy Brush, 305 West 3rd Street for a Class “I” Liquor License This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - Updated - 8/26/2014 Page 317 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-249 WHEREAS, an application was filed by Jacqueline E. Bowen doing business as J. Elizabeth, 305 West 3rd Street for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on August 16, 2014; such publication cost being $16.28; and WHEREAS, a public hearing was held on August 26, 2014 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 318 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-2 #2014-250 - Consideration of Request from Red Lobster Hospitality, LLC dba Red Lobster #0734, 3430 West 13th Street for a Class “I” Liquor License and Liquor Manager Designation for Sean Korth, 17303 “M” Street, Omaha, NE This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - Updated - 8/26/2014 Page 319 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-250 WHEREAS, an application was filed by Red Lobster Hospitality, LLC doing business as Red Lobster #0734, 3430 West 13th Street for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on August 16, 2014; such publication cost being $16.77; and WHEREAS, a public hearing was held on August 26, 2014 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Sean Korth, 17303 “M” Street, Omaha, NE as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 320 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-3 #2014-251 - Consideration of Approving Contract for HRIS Solution Staff Contact: Brenda Sutherland Grand Island Council Session - Updated - 8/26/2014 Page 321 / 463 Council Agenda Memo From:Brenda Sutherland, Human Resources Director Meeting:August 26, 2014 Subject:Consideration of approving a Human Resources Information System Item #’s:I-3 Presenter(s):Brenda Sutherland, Human Resources Director Background The Human Resources Department is charged with the recruitment, benefits and risk management administration, labor relations and records management, in addition to other duties for the City of Grand Island. Over the last six years the Human Resources Department has automated the recruitment process with an applicant tracking system and the employee appraisal system. This has helped tremendously with space issues as well as the savings the City has experienced by cutting down on its use of paper and toner. Discussion The Human Resources Department would request that it be able to continue to automate its services where it can. Before Council is a contract for a Human Resources Information System which we’ll refer to as HRIS going forward. A HRIS will automate the records kept in the Human Resources Department. Information that is currently handled in the form of paper that is physically carried to the Human Resources office will now take place in an electronic environment saving time and money. Managers will have the ability to access employee information on-line instead of coming to Human Resources and asking for a file to be pulled. They’ll be able to see an employee’s training and certifications and get notices when a certification that is required for employment is nearing its expiration. They’ll have access powerful reporting and analytical features to help increase their strategic planning. Employees will also have access to their information. They’ll be able manage their benefits, make updates when they move or even pull a report that shows what the City pays on their behalf for wages and benefits. Grand Island Council Session - Updated - 8/26/2014 Page 322 / 463 Currently, the City’s personnel records are all on paper and stored in Human Resources. Should the City be unfortunate enough to experience a disaster such as fire or tornado, it would lose all of its personnel records. There is no back-up. Payroll records are backed up and stored off site. There is nothing in place for personnel records. Loss of information such as this would be devastating for the City, not to mention records that we are required to have by law, would be gone. The ability to have these records stored electronically and hosted offsite would allow security and peace of mind. The Human Resources Department advertised a Request for Proposals in April. Several impressive companies participated in the process. A committee comprised of John Collins, Public Works Director, William Clingman, Senior Accountant in Finance, Captain Dean Elliott from the Police Department, Terri Maloy from Human Resources and I narrowed the list and interviewed vendors. The reason for the committee makeup was to find a product that was easy to use and provided not only the administrative functions that were important to H.R. but also the tools needed by departments to be more efficient and effective in the management of their people. The company that was chosen unanimously by the committee is EPICOR. EPICOR is a fully web enabled product that uses Microsoft technology. It is a fully integrated system that allows managers and employees a program to use for all of their human resources needs. EPICOR is a global company headquartered in Austin, Texas. The HCM division, which is who the City would work with for implementation and service, is in Denver, Colorado. The cost that would be experienced this year upon approval would be $47,064. Dollars for this project were approved in the current budget with the assumption that we would find a product we wanted to move forward with. This amount represents the software license, annual maintenance fee and hosting fees for the remainder of the year. I have requested further funding for implementation that is part of the 2014/2015 budget. The cost for implementation will not exceed the estimate of $55,350 for professional services and $1,200 for a project control center set up fee. There will also be hosting fees of $1,000 per month. There will be ongoing costs for hosting and annual maintenance. After the initial expenditures the cost annually for this product will be approximately $25,352. This covers the annual maintenance fees and hosting. The hosting fees are guaranteed for a five year period. 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 - Updated - 8/26/2014 Page 323 / 463 Recommendation City Administration recommends that the Council approve the contract with EPICOR to provide HRIS software and services. Sample Motion Move to approve the contract with EPICOR to provide HRIS software and services. Grand Island Council Session - Updated - 8/26/2014 Page 324 / 463 Epicor HCM Statement of Work Consulting Services Estimate for Epicor HCM City of Grand Island Submitted by David Madison Effective Date 8th July 2014 5th August 2014 Grand Island Council Session - Updated - 8/26/2014 Page 325 / 463 Initials © Epicor Software Corporation 2014 2 Epicor HCM SOW Project Budget This consulting estimate represents an estimate based on our experience in similar implementations and is meant to define project scope rather than specific project details. Please review this document to ensure your requirements are fully understood. The services listed below are at a rate of $150.00 (USD) per hour. Services are billed as incurred. Item Epicor HCM Services Hours Cost 1 Project Control Center Setup Fixed $1,200.00 2 Business Analysis and Planning 38 3 Project Management 42 4 Data Conversion 48 5 Health and Welfare Implementation 24 6 Absence Tracking Configuration 16 7 Employee Self Service Analysis and Configuration 8 8 On-Line Benefit Enrollment 16 9 Manager Self Service Analysis and Configuration 8 10 Training and Development Analysis and Configuration 12 11 System Configuration 10 12 Test System Delivery and Project Review 14 13 Live System Delivery and Project Review 14 14 Go Live Support 6 15 End User Training 32 16 Interface – Epicor HCM to MUNIS 40 Total Cost 328 $50,400.00 Item Epicor HCM Services – Optional Hours Cost 17 Project Management 2 18 Interface – MUNIS to Epicor HCM – Accumulators 16 Total Cost – Optional 18 $2,700.00 Item Epicor HCM Services – Customizations/Reports Hours Cost 19 Project Management 3 20 Product Customization – Pay Steps 8 Grand Island Council Session - Updated - 8/26/2014 Page 326 / 463 Initials © Epicor Software Corporation 2014 3 Epicor HCM SOW 21 Report Creation – Absences Report 12 Total Cost – Customizations /Reports 23 $3,450.00 Grand Island Council Session - Updated - 8/26/2014 Page 327 / 463 Initials © Epicor Software Corporation 2014 4 Epicor HCM SOW Project Expenses Travel and other expenses for Epicor personnel are not included in this proposal and will be billed separately. Typical travel and other expenses include the following: Expense Description Amount Material & Expenses Actual Travel Time 1/2 Rate Meals Perdiem $50.00/Day (USD) in the United States $70.00/Day (USD) outside the United States Mileage Mileage will be reimbursed at the standard Mileage Rate established by the IRS in effect at the time the mileage is incurred Car Rental Actual Airport Parking/Taxi Actual Hotel Actual Airfare Actual Grand Island Council Session - Updated - 8/26/2014 Page 328 / 463 Initials © Epicor Software Corporation 2014 5 Epicor HCM SOW Services Description 1) Project Control Center Setup The Readiness Coordinator services clients by providing the guidance and tools necessary to launch a successful implementation project. Activities Included  Conducts a welcome call with the client  Serves as the client’s primary contact until the Kick Off Meeting  Creates the Project Control Center website for the project which allows the client and Epicor team access to all project documentation, tools, and other project materials  Creates the Project Control Center users and trains the client on usage  Conducts Epicor team preparation activities 2) Business Analysis and Planning This vital service defines project scope and Epicor service deliverables for phase one of the implementation. This service is comprised of four key elements: Analysis Preparation Preparing your goals, understanding your objectives, and identifying/documenting your business processes are key elements to ensure a successful analysis visit. Your Epicor consultant will send our analysis preparation documents covering information related to your key business processes and implementation objectives. These documents must be returned to Epicor at least one week prior to your analysis for productive working sessions to occur. Analysis This meeting is comprised of your primary project manager, key implementation related decision makers, subject matter experts, and any IT personnel involved in the project.  Location/Duration  Client Site – 2 ½ days  Epicor Participants  1 implementation consultant  Content Discussed  Meeting foundations and general business overview  HR business process analysis for core product functional areas  Module analysis time is included in the module line item quotes, and can be performed during this visit if necessary.  Discuss and define high level timeline objectives On-Site Follow-up and Deliverables Grand Island Council Session - Updated - 8/26/2014 Page 329 / 463 Initials © Epicor Software Corporation 2014 6 Epicor HCM SOW Upon completion of the analysis visit your Epicor implementation team will refine outstanding requirements that were incomplete or required additional discussion and provide the following items as final deliverables:  Detailed analysis document presenting the decisions made during the visit  Project plan that includes resource identification and timelines On-going Analysis As your project progresses, time has been allocated to continue to refine outstanding or additional requirements.  8 hours 3) Project Management An average of four hours per week will be spent by your Epicor project manager to ensure your implementation is managed effectively. The client’s project manager has responsibility for all aspects of the project with the Epicor project manager working in conjunction with them to ensure a successful project implementation. Project management involves ongoing reviews of the project plan to ensure time frames, scope and resources are managed effectively. The customer project manager will work closely with the Epicor Project Manager to:  Ensure overall project objectives are met  Ensure project timelines are met  Ensure budgets are adhered to  Follow-up on past due tasks as required  Report on project status to steering committee  Identify overall project resource requirements  Track all project costs (planned vs. actual)  Represent the project team at executive meetings  Track planned vs. actual objectives, timelines, and expenses  Track unresolved issues and special topics  Facilitate project wide communication among project team members as needed  Ensures that the team is on track following the project time line  Monitor results vs. objectives, assist team members as needed 4) Data Conversion Epicor will electronically convert data into Epicor HCM from the data sources and functional areas listed below. Activities Included  Discuss data conversion process  Review client provided data  Map client data elements to HCM Grand Island Council Session - Updated - 8/26/2014 Page 330 / 463 Initials © Epicor Software Corporation 2014 7 Epicor HCM SOW  Perform one test and one live data conversion Data Source  MUNIS Current and historical data will be converted into the following Epicor HCM functional areas  Personal Demographic (name, address, phone, birthdate, national ID)  Status and Termination History  Job History  Base Pay History  Location History (department, location, supervisor, etc.)  Employee Benefit Enrollments (current only)  Dependent Benefit Enrollments (current only)  Dependents  Absence Enrollments (time off plans, current year only)  Absence Occurrences (current year only)  Code Lists (associated to the converted information above) Service Assumptions  No new Epicor HCM data structures must be created to convert data (unless specifically noted)  Acceptance testing and data verification is the responsibility of the client  The client must extract the data out of the existing systems  Fabricating data due to missing records or other reasons is not included  Data conversion activities will be performed at Epicor The client is required to provide quality data for the conversion. Below are a list of common data quality issues and other items that may increase final data conversion costs: Issue Data source file format/structure changes between test and live conversions Duplicate records within data source Data in the source file must be transformed (using formulas or manually) before import Orphaned person or code records Missing primary/foreign key data elements Inability to match data between two different sources Terminated employees that don’t have complete status history Historical records that have effective dates prior to the employee’s original hire date 5) Health and Welfare Implementation This service includes the configuration of your organization’s benefit plans within Epicor HCM. We will work with you to review and document your plans and to help you understand the Epicor HCM benefit tracking functionality. Grand Island Council Session - Updated - 8/26/2014 Page 331 / 463 Initials © Epicor Software Corporation 2014 8 Epicor HCM SOW During the review and analysis of your benefit structure we will determine the best method of implementing your benefit plans within Epicor HCM. Epicor HCM uses pre-defined benefit functions to calculate premiums, coverage and eligibility, unless specifically noted. Activities Included  Setup of up to 20 benefit plans with up to 4 options, and eligibility rules.  Testing of eligibility and contribution calculations Service Assumptions  Configuration for open / new enrollment / Life Events is not included in this service.  Your Benefit calculations fit Epicor HCM’s standard calculation formulas 6) Absence Tracking Configuration This service includes the configuration of your organization’s absence plans within Epicor HCM. We will work with you to review and document your plans and to help you understand the Epicor HCM absence tracking functionality. Some typical absence categories include Vacation, Sick, PTO, Jury Duty, Bereavement, and Floating Holiday. Activities Included  Setup of up to 12 accruing absence plans with up to 5 levels of accrual rates based on years of service using one of the standard service dates.  Setup of up to 8 non-accruing absence plans.  Testing and Documentation  Leave Tracking analysis and configuration (6 hours) Service Assumptions  Setup of related employee and manager self-service components or routing is not included  Your Absence plan accrual rules fit Epicor HCM’s standard calculation formulas 7) Employee Self Service Analysis and Configuration This service includes an analysis discussion and configuration work intended to facilitate the implementation of the Employee Connect module. The following items are included: Analysis  Identify, analyze and provide solutions for employee user business event processes  Discuss routing, approvals, and communication Configuration  Employee Portal: configure one employee security role based on the analysis performed  Routing: configure for up to 4 employee data maintenance tasks with up to 3 levels of routing using the standard Epicor HCM recipients. Grand Island Council Session - Updated - 8/26/2014 Page 332 / 463 Initials © Epicor Software Corporation 2014 9 Epicor HCM SOW  Self-sufficiency: train one HR user on the creation/modification of basic content components (e.g. announcements) and modifying the standard employee role by adding/removing components and tabs Exclusions  Pay stub layout 8) On-Line Benefit Enrollment This service includes an analysis discussion and configuration work intended to facilitate the implementation of online Benefit enrollment, including Open enrollment, New Hire enrollment, and Life events: Analysis  Identify, analyze and provide solutions for employee user business event processes  Discuss routing, approvals, and communication Configuration  Configure the On-Line Benefit components of one employee self-service security role  Routing: Configure New Enrollment and Life Events including up 3 levels of routing using the standard Epicor HCM recipients.  Self-sufficiency: Train one HR user on configuring and administering the on-line benefit enrollment process.  New Enrollment: Training and configuration for new enrollment templates.  Open Enrollment: Training and configuration for Open enrollment templates.  Life Events: Training and configuration for Life Event process. 9) Manager Self Service Analysis and Configuration This service typically involves an analysis discussion and configuration work intended to facilitate the implementation of the Manager Self Service functionality. The following items are included: Analysis  Identify, analyze and provide solutions for manager user business event processes  Discuss routing, approvals, and communication Configuration  Manager Portal: configure one manager security role based on the analysis performed  Configure up to 3 tasks by utilizing standard task editor tools.  Routing: configure for up to 3 manager data maintenance tasks with up to 3 levels of routing using the standard Epicor HCM recipients.  Self-sufficiency: train one HR user on the creation/modification of basic content components (e.g. announcements) and modifying the manager role by adding/removing components and tabs Grand Island Council Session - Updated - 8/26/2014 Page 333 / 463 Initials © Epicor Software Corporation 2014 10 Epicor HCM SOW 10) Training and Development Analysis and Configuration This service typically involves an analysis discussion and configuration work intended to facilitate the implementation of the training and development functionality. The following items are included: Analysis  Evaluate training tracking needs and requirements  Determine employee training process and evaluate impact on current manager and employee self-service capabilities  Discuss routing, approvals, and communication Configuration  Configure the Training & Development components of the employee and manager security roles  Tailor the standard training roles using base system capabilities based on the inclusions and assumptions below  Configure system wide Training & Development settings  Configure 1 training program with up to 15 requirements (client will be responsible for providing the content for each)  Configure up to 2 corporate and employee goals using the standard Epicor HCM goal types  Routing configuration for the Edit My Class Enrollments task that includes up to 3 levels of routing using the standard Epicor HCM recipients  Self-sufficiency: train one HR user on the configuration of basic Training and Development components and modifying the manager and employee roles by adding/removing components and tabs  System Variables: configure Training & Development related system wide settings Service Assumptions  Manager and employee self-service have already been implemented  Training related data will not be converted 11) System Configuration Epicor HCM will perform the following HCM system configuration items based on the results of the implementation analysis performed. Once specific requirements are identified, a more precise estimate can be provided. System Security  Row security rules: Create 2 row security rules based on 1 – 2 standard Epicor HCM fields  Security roles: Includes creating or modifying 2 security roles for users that have specialized access restrictions System Variables Epicor will configure the relevant system wide settings and variables (global constants) that define user and administrator interactions with the system. Grand Island Council Session - Updated - 8/26/2014 Page 334 / 463 Initials © Epicor Software Corporation 2014 11 Epicor HCM SOW Checklist Setup Epicor will create 1 checklist in Epicor HCM. Includes up to 3 steps either: Generated by an alert, Assigned to employees (performed by the client), or Associated to a task Exclusions  User Creation  Code Table filtering 12) Test System Delivery and Project Review This service includes the following activities necessary for the successful delivery and test launch of Epicor HCM. Test System Restoration The Epicor HCM implementation team will restore your Epicor HCM system containing the service items performed during the implementation. Test System Review Epicor will perform a project review and UAT discussion. This meeting should be comprised of your primary project manager and any key subject matter experts relevant to the service items being discussed.  Location  Remote  System Review  User Acceptance Training  Project Plan Review 13) Live System Delivery and Project Review This service includes the following activities necessary for the successful delivery and live launch of Epicor HCM. Live System Restoration The Epicor HCM implementation team will restore your Epicor HCM system containing the service items performed during the implementation. Project Review Epicor will perform a project review and go live discussion. This meeting should be comprised of your primary project manager and any key subject matter experts relevant to the service items being discussed.  Location  Client Site  System Review  Introduction to Product Support Grand Island Council Session - Updated - 8/26/2014 Page 335 / 463 Initials © Epicor Software Corporation 2014 12 Epicor HCM SOW  Project Plan Review Project Closure Epicor HCM will provide related documentation to obtain final acceptance for services provided. 14) Go Live Support After delivery and launch of the live Epicor HCM system, a stabilization period occurs. It is expected the regularly scheduled conference calls will continue for a two to four week period. During this period, Epicor HCM will provide information and assistance related to the service items delivered. If the stabilization period extends beyond the anticipated duration then additional charges will apply. 15) End User Training Delivery Methods These three classes can be delivered by the following methods. Your Epicor HCM consultant will work with you to determine the best mix for your particular needs.  Client Site  An Epicor University Trainer or HCM Consultant will travel to your site to provide the training  Up to 6 students are included. Additional students, up to 10, can be accommodated at a cost of $200 per training day for each students over 6  Virtual Client Site  An Epicor University Trainer will provide the training virtually over the internet  Up to 4 students are included. Additional students, up to 10, can be accommodated at a cost of $200 per training day for each participant over 4 Training classes  HCM: User Basics – 1 day (8 Hours)  HCM: Administrator – 2 days (16 Hours)  HCM: Basic Report Writer – 1 day (8 Hours) 16) Interface – Epicor HCM to MUNIS Epicor will create a Link template to export the information noted below to a file that can be imported into a payroll system. The export template can be operated manually or processed on a pre-defined schedule. Link is a data transfer module that allows you to export data from Epicor HCM to other workforce- related systems or vendors. This service includes the following activities:  Analyzing and documenting the export file and field requirements  Configuring and programming the Link export template  File, field, and scenario testing  Delivery to a test and/or live Epicor HCM system Grand Island Council Session - Updated - 8/26/2014 Page 336 / 463 Initials © Epicor Software Corporation 2014 13 Epicor HCM SOW  End user training on interface operation Payroll System  MUNIS Specifications and Estimate No specifications have been provided for this interface. Once the full requirements have been defined and specifications obtained or defined, the estimate will be reviewed and adjusted if necessary. The estimate provided is based on our prior experience interfacing to various proprietary payroll systems and efforts to define interface requirements for generic payroll export files. Export Files Included Employee Data File – one record per employee HCM Table Name HCM Field Name Payroll Field Name USysLnkExportPersonHist ExportGroup Payroll Company USysLnkExportPersonHist UniqueID Payroll ID tPerson FirstName Employee First Name tPerson LastName Employee Last Name tPersonNationalID NationalID Social Security Number tPersonAddress Address Address Line 1 tPersonAddress Address2 Address Line 2 tPersonAddress City City tPersonAddress StateProvinceCode State Postal Code tPersonAddress PostalCode Zip Code tPersonPhone AreaCode Home Area Code tPersonPhone Phone Home Phone Number tPersonal BirthDate Birth Date tPersonal FamilyStatusCode Actual Martial Status tPersonal GenderCode Gender tPersonal EthnicGroupCode EEO Ethnic Code tJob EEOCategoryCode EEO Occupation Code tPersonBasePayHist PersonBasePayPayrollFrequencyCode Pay Frequency Code tPersonBasePayHist PersonBasePayStartDate Primary Rate Effective Date tPersonBasePayHist PersonBasePayFrequencyCode Rate Type tPersonBasePayHist PersonBasePayAmount Rate 1 Amount tJob OvertimeStatusCode FLSA Code tPersonLocationHist DepartmentCode Home Department tPersonJobHist JobCode Job Title tPersonLocationHist DepartmentCode Department tPersonLocationHist DivisionCode Division tPersonLocationHist SectionCode Section tPersonLocationHist ShiftCode Shift tPersonStatusHist LatestHireDate Hire Date Grand Island Council Session - Updated - 8/26/2014 Page 337 / 463 Initials © Epicor Software Corporation 2014 14 Epicor HCM SOW tPersonStatusHist StatusCode Employee Status tPersonStatusHist SeniorityDate Seniority Date tPersonStatusHist PersonStatusStartDate Leave of Absence Start Date tPersonStatusHist PersonStatusEndDate Leave of Absence Return Date tPersonTermination EffectiveDate Termination Date tPersonTermination TerminationReasonCode Termination Reason tPersonStatusHist NormalHoursPerWeek Standard Hours tPersonStatusHist LatestHireDate Rehire Date tJob WorkersCompensationCode Workers Comp Code tPersonUnionHist UnionCode Union Code tPersonTax FederalFilingStatus Federal Marital Status tPersonTax FederalTaxExemptions Federal Exemptions tPersonTax FederalAdditionalWithholding Federal Extra Tax $ tPersonTax SUISDITaxCode SUI/SDI Tax Jurisdiction Code Deduction Data File – one record per employee benefit HCM Table Name HCM Field Name Payroll Field Name USysLnkExportPersonHist ExportGroup Payroll Company USysLnkExportPersonHist UniqueID Payroll ID tBenefitPlanOption BenefitPlanCode Deduction Code tPersonBenefitContributionHist EmployeeContributionAmount Deduction Amount tPersonBenefitContributionHist EmployeeContributionAmount Deduction Factor Direct Deposit Data File – one record per employee direct deposit HCM Table Name HCM Field Name Payroll Field Name USysLnkExportPersonHist ExportGroup Payroll Company USysLnkExportPersonHist UniqueID Payroll ID tPersonDirectDeposit DirectDepositAccountTypeCode Bank Deposit Deduction Code tPersonDirectDeposit AccountNumber Bank Deposit Account Number tPersonDirectDeposit ABARoutingNumber Bank Deposit Transit/ABA tPersonDirectDeposit DeductionAmount Bank Deposit Deduction Amount tPersonDirectDeposit PrimaryDepositFlag Bank Full Deposit Flag Service Assumptions  The Link software module must be licensed by the client  The files generated are comma delimited with a header record denoting the field name  The files generated contain only data that has been changed  The client is required to perform user acceptance testing  The total number of payroll companies does not exceed 5  Deduction codes within multiple payroll companies must be identical  Changes to the fields listed above may incur additional charges Grand Island Council Session - Updated - 8/26/2014 Page 338 / 463 Initials © Epicor Software Corporation 2014 15 Epicor HCM SOW  The client is responsible for ensuring there is an import routine or mechanism that can import the export file produced by Epicor HCM Project Notes Before commencing with the interface project, please verify all requirements and scenarios are understood. Ensure all internal departments affected are part of the decision to commence with the project and are involved in defining the methodology employed. Below is a list of common items that can increase the final cost of an interface project: Issue Example Field additions or changes after specifications have been finalized Change source value for Home Department to Cost Center Code from Department Code End user training must be repeated Go live was delayed, project team additions or turnover Project go live or user acceptance testing delays beyond one month after delivery Project was put on hold due to de-prioritization New data scenarios discovered after specifications have been finalized Specification did not include how to handle the deletion of Address Line 2 Poor data quality Template is configured to send Department and 20% of employees are assigned to the incorrect department Grand Island Council Session - Updated - 8/26/2014 Page 339 / 463 Initials © Epicor Software Corporation 2014 16 Epicor HCM SOW Services Description – Optional 17) Project Management See item #3 above. 18) Interface – MUNIS to Epicor HCM – Accumulators This user initiated interface will leverage the Data Import Utility to import payroll accumulators into Epicor HCM on a per pay period basis. Accumulators such as YTD gross pay, QTD net pay, MTD hours worked, or other earnings, deductions or hours worked can then be viewed or reported on. The interfaced data will be available from the Year-To-Date Earnings page. The interfaced data will be overwritten each time the interface is run, only the final year-end figures are retained in history. The Data Import Utility provides a two-step process to ensure errors are caught before applying the data to the database.  Step 1: Import and review activity report  Step 2: Commit to database The activity report displays both the data that will be successfully imported along with any error records that will be excluded. Service Includes  Installation of the Data Import Utility  Review of the client provided import file  Configuration specific to an accumulator import  Import of associated accumulator codes  Testing and delivery  Train one HR user on interface operation and associated activity report The required interface file format is described below:  Accepted file is a Tab Delimited ASCII file  The file must contain one (1) record per Employee, per Accumulator Code, per As Of Date  File must be provided in the following format Field Name Maximum Length Comments Payroll Company/Group Code 15 Unique ID/Payroll ID/Employee ID/Person ID 15 Unformatted Accumulator Code 15 Grand Island Council Session - Updated - 8/26/2014 Page 340 / 463 Initials © Epicor Software Corporation 2014 17 Epicor HCM SOW Accumulator Amount 8 As of Date 11 MM/DD/YYYY Import Details  1 file with the following information:  Employee payroll accumulators  Epicor HCM destination:  tPersonYearToDateEarnings Notes  Although Epicor can accommodate alternative file formats, changes to the pre-defined custom import routine will be required and additional charges will apply.  This service includes configuration for up to 4 payroll companies (or import groups) with each payroll company having up to 150 accumulator codes. Project Notes Before commencing with the interface project, please verify all requirements and scenarios are understood. Ensure all internal departments affected are part of the decision to commence with the project and are involved in defining the methodology employed. Below is a list of common items that can increase the final cost of an interface project: Issue Example Field additions or changes after specifications have been finalized Original specifications should have included employee personal email address End user training must be repeated Go live was delayed, project team additions or turnover Project go live or user acceptance testing delays beyond one month after delivery Project was put on hold due to de-prioritization New data scenarios discovered after specifications have been finalized Specification did not include how to handle the import of transfers Poor data quality Import is configured to receive Department and 20% of employees are assigned to the incorrect department Grand Island Council Session - Updated - 8/26/2014 Page 341 / 463 Initials © Epicor Software Corporation 2014 18 Epicor HCM SOW Services Description – Customizations/Reports 19) Project Management See item #3 above. 20) Product Customization – Pay Steps Epicor will enhance the Epicor HCM product capabilities with the new/modified features noted below. Customization Description On the Hire Person and Enter Personnel Action tasks, new functionality will be added that allows the user to select the appropriate pay step from a drop down list and the pay rate will automatically fill in the Base Pay Amount value. Activities Included  Analyze and document requirements  Architectural review  Develop the customization  Perform testing, including relevant scenarios  Deliver to a test and/or live Epicor HCM system  Create user documentation  Train end user on customization operation Service Assumptions  Although Epicor’s customization methodology limits the risk of customizations being adversely affected during upgrades, customizations are not guaranteed to upgrade to future versions without assistance, and may incur additional cost.  Modifications to standard reports, reporting views, on-line help, or other Epicor HCM objects are not included unless specifically noted.  Until further detail is determined, the task hours are a high level estimate only. Project Notes Below is a list of common items that can increase the final cost of a customization project: Issue Example Changes to specifications after requirements have Three additional fields are requested after the estimate is provided and Grand Island Council Session - Updated - 8/26/2014 Page 342 / 463 Initials © Epicor Software Corporation 2014 19 Epicor HCM SOW been finalized programming has commenced Unexpected data scenarios Two new data entry scenarios were discovered after requirements were completed, programming needs changed End user training must be repeated Go live was delayed, project team additions or turnover Project go live or user acceptance testing delays beyond one month after delivery Project was put on hold due to reprioritization More than 2 deliveries to a client system Test system was refreshed from production and the customization was overwritten before testing was completed 21) Report Creation – Absences Report Epicor will enhance the Epicor HCM product capabilities with the new reports noted below. Reports Description  Epicor will create an Absences report that displays a list of employees and their absences within a date range. The report will limit to show only those employees that have reached a threshold of absences taken during that date range (e.g. 70% of days have time off). Epicor’s Report Creation Methodology  Analyze and document requirements  Develop the report  Perform testing, including relevant filter scenarios  Deliver to a test and/or live Epicor HCM system  Create user documentation Service Assumptions  Although Epicor’s report creation methodology limits the risk of reports being adversely affected during upgrades, custom reports are not guaranteed to upgrade to future versions without assistance and may incur additional cost.  Modifications to other standard reports, reporting views, on-line help, or other Epicor HCM objects are not included unless specifically noted.  Until further detail is determined, the task hours are a high level estimate only. Project Notes Below is a list of common items that can increase the final cost of a report creation project: Issue Example Changes to specifications after requirements have been finalized Three additional fields are requested after the estimate is provided and programming has commenced Unexpected data scenarios A calculated field on the report sums up bonus amounts, counts the number of bonuses, and averages them by department, subsequent investigation finds large volumes of records with zero bonus amounts, thus affecting the Grand Island Council Session - Updated - 8/26/2014 Page 343 / 463 Initials © Epicor Software Corporation 2014 20 Epicor HCM SOW final results End user training must be repeated Go live was delayed, project team additions or turnover Project go live or user acceptance testing delays beyond one month after delivery Project was put on hold due to reprioritization More than 2 deliveries to a client system Test system was refreshed from production and the report was overwritten before testing was completed Grand Island Council Session - Updated - 8/26/2014 Page 344 / 463 Initials © Epicor Software Corporation 2014 21 Epicor HCM SOW Assumptions 1. This estimate is based on our current understanding of your requirements to date. The details in this document were used to develop our time and cost estimates. If any of these details change, our time and cost estimates may also change. 2. Requests by the client for Epicor to provide services that are outside the scope of this engagement will be defined through Epicor’s change control process and will be charged at standard Epicor hourly rates. 3. This proposal expires 90 days after the effective date. 4. Costs for upgrading to a new version are not included if a new release becomes available during your implementation. 5. This estimate does not include custom solutions or interfaces unless specifically identified in this document. 6. Unless specifically noted, conditional routing is not included. 7. Manager security is based on the standard Epicor HCM organization structure (the supervisor field). 8. Extensive Re-engineering of your business processes may incur additional costs. 9. Travel time and expenses for Epicor personnel are not included in Epicor’s fees in the Project Budget. 10. Project delays may incur additional costs. 11. The client will allow remote access to its server/environment for troubleshooting. 12. Invoicing is twice a month for services incurred during that time period. Invoices are Due Upon Receipt. 13. Implementation work tasks and deliverables such as designs, data conversion rules, etc. are expected to be reviewed and approved by the customer in a timely manner. Failure to do so will impact the project budget and timeline. 14. This document does not include any down time and/or expenses derived from project team members not attending or being late to pre-established work appointments. 15. This document assumes the client will be deploying the software as remote hosted or SAAS, if the client elects to deploy on-premise, additional charges for installation will be required. Grand Island Council Session - Updated - 8/26/2014 Page 345 / 463 Initials © Epicor Software Corporation 2014 22 Epicor HCM SOW Roles and Responsibilities Defining your implementation team is essential. The roles, responsibilities and skill sets listed below are your guide in assembling your team. Roles Responsibilities Skill Set Project Manager  Acts as team leader, facilitator and coordinator. Organizes all activities relating to the implementation. Makes decisions regarding the implementation process.  Planning, coordinating, and overseeing the installation and implementation of the software  Monitoring overall progress of the project within the organization  Serving as the primary point of contact with Epicor HCM Human Resource Systems Corporation  Communicating project status and assignments to the implementation team  Arranging for the definition, review and implementation of data mapping, data conversion, customizations, and definitions of business rules for Epicor HCM  Approving specification documents  Scheduling activities and coordinating services  Review system upgrade/service pack features  Assessing the need and developing specifications for customizations and enhancements to the system.  Preferably someone who has been through a system conversion  Highly organized  Makes decisions regarding the implementation process  General understanding of client HR Practices  Ability to train others  Skilled in such areas as requirements definition, business process design, etc. Senior HR Executive  Serves as overall project sponsor and approves the implementation project  Allocating resources to the project  Ensuring representation from each functional area of the Human Resource department  Ensuring management support prior to and throughout the project  Budget approval Human Resource System Administrator  Acts as the daily operational resource for the functional HR aspects of system implementation and use.  Assuring that the system meets HR requirements  Performing security setup and alterations for new or existing users  Performing procedure setup and alterations for new or existing users  Creating advanced queries and reports that satisfy information management requirements  Serving as the primary support regarding system functionality within the organization  Specifying required outputs and contents, such as reports, interfaces, files, or data feeds to other systems  Assuring that codes and processes meet functional requirements  Someone with an aptitude for systems / understands database structures  Strong experience with HR systems  Skilled in troubleshooting  Preferably someone who has been through a system conversion  Skilled in such areas as testing, configuration, documentation, etc. Database Administrator  Represents and makes decisions on behalf of the Information Technologies or Information Services department. Provide technical system administration for SQL Server and the operation system.  Ensuring the network environment and all other hardware specifications are met and that each hardware item is installed and performs as required.  Installing and operating both the client and server software  Installing upgrades and service packs  Ensuring each workstation accessing the HRIS meets the technical specifications and performs as required  PC support experience  Knows where the data resides / can extract the data  May be able to answer questions regarding data mapping / data usage  Knows the ins and outs of the interfaces  This may be multiple people based upon experience Human Resource Subject Matter Experts  Represents each functional area with HR.  Assuring that each area of the functional needs are met  Performing data entry  Specifying business rules and processes to be accommodated  Knows their data and where it is in current HR system  Knows and understands their workflows / processes  Can answer questions regarding data mapping / data usage External Vendor Contacts  Provides file specifications  Coordinates interface testing within their organization Grand Island Council Session - Updated - 8/26/2014 Page 346 / 463 Initials © Epicor Software Corporation 2014 23 Epicor HCM SOW Signatures We appreciate this opportunity to assist your team in completing the project described in this document. Please indicate your agreement with the services, terms, and conditions outlined in this Statement of Work by signing in the space indicated below and returning a copy of this document. Client Agreed and Accepted by: (signed) Name: Title: Date: PO#: Epicor By: Name: Title: Date: Confidentiality: This proposal has been prepared to provide information on Epicor Software and its approach to implementing proprietary Epicor Software products. The information contained herein is considered confidential and proprietary and is intended solely for the use in the evaluation of Epicor Software and its products. The information contained herein shall not be disclosed, in whole or part, to any third party including other employees not participating in the review or performance of this SoW. The data shall be maintained with the same degree of care the above named customer company uses to maintain its own confidential information. Grand Island Council Session - Updated - 8/26/2014 Page 347 / 463 By signing this document, the undersigned, if a corporation, the corporate authorized officer agrees: 1. That the foregoing information is accurate. 2. To pay when due all invoices to Epicor. 3. To pay on all delinquent invoices interest at the maximum lawful interest rate. 4. That Epicor in the event of litigation arising out of this agreement shall be entitled to their reasonable cost and expenses incurred, including attorney fees. 5. That this agreement and subsequent contracts/purchase orders shall be constructed in accordance with the laws of the state of the division of Epicor in which this credit is intended. 6. That Epicor is authorized to check references and to obtain, from whatever source necessary such information, personal, or business, as may be required concerning this application for credit including authorization to banks to release information to Epicor. Applicant’s Signature: Date: Print Name: Title: Company Name: Phone: Fax: Billing Address: City: St: Zip: Credit Limit Requested (required): Country: Div/Subsidiary of: Full Address: Check One: Corporation Partnership Proprietorship Federal Tax ID: D&B #: Name & Home Address of Proprietor, Partners, or Officers (if incorporated) Name: Social Security Number: Address: City: St: Zip: Name: Social Security Number: Address: City: St: Zip: Type of Business: Date Established: Estimated Annual Sales: Accounts Payable Contact: Accounts Payable Phone : Are you tax-exempted? (If Yes, Attach Tax Exempt Certificate) Are you a distributor? (If yes, Attach Resale Certificate(s)) Trade References (3 required – List open accounts only) Note: Please provide fax numbers to expedite process Name: Phone: Fax: Acct No: Address: City: St: Zip: Name: Phone: Fax: Acct No: Address: City: St: Zip: Name: Phone: Fax: Acct No: Address: City: St: Zip: Bank Reference (Required) Bank Name: Phone: Fax: Contact/Rep: Address: City: St: Zip: Checking Acct Number(s): Loan Acct Number(s): For the purposes of obtaining merchandise/equipment from Epicor, the following statements in writing are made knowing that Epicor is relying upon same should credit be extended. It is further understood that the information supplied is confidential and shall be regarded as continuous until another is substituted for it and the firm listed below agrees to inform Epicor of any material change in their financial status. Grand Island Council Session - Updated - 8/26/2014 Page 348 / 463 MASTER CUSTOMER AGREEMENT (United States Region) 1. Customer Epicor Name of entity and address Epicor Software Corporation 804 Las Cimas Parkway NE 68801 US Austin, TX 78746 ("Customer")("Epicor") Signature Signature Printed Name Printed Name Title Title Date Date City of Grand Island 100 E 1st Street Grand Island THIS MASTER CUSTOMER AGREEMENT (the “Agreement”) is made and entered into by and between Epicor Software Corporation or its Affiliate identified below (“Epicor”) and the undersigned customer (“Customer”) as of the date signed by Epicor (“Effective Date”). This Agreement includes the Epicor Master Customer Agreement –General Terms (“Terms”)accompanying this document and each Addendum hereto, which Terms and Addenda will form part of the Agreement. The following terms and conditions also apply to this Agreement: Choice of Law;Additional Dispute Resolution.Except as otherwise provided herein, the internal laws of the State of Texas govern this Agreement. Any arbitration under the Section headed “Dispute Resolution” in the Terms will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, in a location selected by the party initiating the arbitration. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding any provisions herein with respect to applicable substantive law governing this Agreement, the agreement to arbitrate and any arbitration conducted pursuant thereto shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.Each party submits to the non-exclusive jurisdiction and venue of the state or federal courts located in Travis County, Texas, for purposes of permitted applications of injunctive or other provisional relief, and for any litigation ancillary to arbitration, including without limitation, litigation or to compel arbitration or enforce an arbitral award. Each party waives right to jury trial in connection with any Dispute. BY EXECUTING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS AND AGREES TO BE LEGALLY BOUND BY THE SAME. Name of entity and address Epicor Customer Master Signature Page (ESC-ERP-US) 070313.docx Confidential Page 1 of 1 Grand Island Council Session - Updated - 8/26/2014 Page 349 / 463 Mmuckala 369 hours at $150.00 per hour 55,350.00$ SEE STATEMENT OF WORK FOR DETAILS There is also a fixed Fee for Project Control Center Setup 1,200.00$ ESTIMATED TOTAL 56,550.00$ See Attachment, if any, for a more detailed description of the Products/Services to be delivered. Estimated Completion Date: (scheduled after Customer accepts Agreement). Rev. 03/25/2014MCA Client Services Order Form CONFIDENTIAL Date Customer Officer Signature Printed Name Title The prices set fort below are exclusive of taxes. Client Services Pricing Email Grand Island Estimate Expiration Date: September 30, 2014 This estimate does not include Epicor's reasonable travel, lodging, or other out-of-pocket costs. The estimate is valid for sixty days from the Order Date. After signing this Agreement, Customer must request each listed Product/Service within nine months. Implementation Services: NE 68801 Customer Address 100 E 1st Street bsutherland@grand-island.comFaxPhone308-389-0119 Contact Postal Code TitleBrenda Sutherland Human Resources Director Country USCityState/Prov Customer No.Site ID City of Grand Island MASTER CUSTOMER AGREEMENT – CLIENT SERVICES ORDER FORM Product: Epicor HCM This Client Services Order Form is incorporated by reference into and governed by the Master Customer Agreement (“Agreement ”) between Customer and Epicor. Capitalized terms not defined herein have the meanings given in the Agreement. Order Date August 1, 2014 Sales Rep Customer Grand Island Council Session - Updated - 8/26/2014 Page 350 / 463 Mmuckala Title Phone Fax E-Mail Monthly Fee Minimum Active Emploee Record Count: 1,371.15$ -$ (371.15)$ 1,000.00$ * Candidate Connect (self-sevice) Fees commence in month 4. Please Note: OrgPublisher is a desktop product and cannot be hosted by Epicor. Rev. 02/13/2014MCA Hosting Services Order Form Date: CONFIDENTIAL Other: Officer Signature: Printed Name: Title: Minimum active Employee Monthly Fee:800 Minimum Candidate Connect (self service) Monthly Fee *: Order Expiration Date:September 30, 2014 Customer:City of Grand Island Minimum Montly Total Monthly Hosting Service Fees 5 YearsInitial Term: End of Initial Term:Initial Epicor HCM version: Software Location Address Epicor's Co-Location Facility MASTER CUSTOMER AGREEMENT – HOSTING SERVICES ORDER FORM Product: Epicor HCM Hosted Deployment This Hosting Services Order Form is incorporated by reference into and goverend by the Master Customer Agreement Hosted Deployment ("Agreement") between Customer and Epicor. Capitalized terms not defined herein have the meanings given in the Agreement. Order Date August 1, 2014 Sales Rep Customer No.Site ID Customer City of Grand Island Country Shipping Address 100 E 1st Street City Grand Island State/Prov NE Postal Code 68801 City State/Prov Postal Code Country US Billing Address 100 E 1st Street City Grand Island State/Prov NE Postal Code 68801 Country US Shipping Contact Brenda Sutherland Billing Contact Brenda Sutherland Title Human Resources Director Human Resources Director Phone 308-389-0119 308-389-0119 The prices set forth below are exclusive of taxes. Fax E-Mail bsutherland@grand-island.com bsutherland@grand-island.com Grand Island Council Session - Updated - 8/26/2014 Page 351 / 463 Mmuckala Title Phone Fax E-Mail One-Time Discount Rev. 03/25/2014 Product Additional HR/Manager Users Employee Connect Module 800 3,168.00$ 1,144.00$ Link Module Number of Named Users MASTER CUSTOMER AGREEMENT – SOFTWARE ORDER FORM Product: Epicor HCM This Software Order Form is incorporated by reference into and goverend by the Master Customer Agreement ("Agreement ") between Customer and Epicor. Capitalized terms not defined herein have the meanings given in the Agreement. Order Date Customer No. Customer City Sales Rep Site ID Software Location Address State/Prov August 1, 2014 City of Grand Island Epicor's Co-Location Facility Postal Code Country Phone Fax 6,620.00$ 800 State/Prov State/Prov Postal Code Postal Code Country Country NE 68801 100 E 1st Street Grand Island City Billing Address City US NE 68801 US Epicor HCM Grand Island Version Number Shipping Address 100 E 1st Street 1,820.00$ 15,840.00$ 3,000.00$ 600.00$ 33,100.00$ 9,100.00$ Number of Active Employee Records License Fees Software Licensing and Maintenance Pricing 16 bsutherland@grand-island.com Shipping Contact Title Brenda Sutherland Brenda Sutherland Human Resources Director 308-389-0119 bsutherland@grand-island.com Billing Contact Human Resources Director 308-389-0119 E-Mail The prices set fort below are exclusive of taxes. Annual Support Fees 91 MCA Software Order Form Notes: Order Expiration Date: CONFIDENTIAL Date: City of Grand Island TOTAL Title: 32,712.00$ Training & Development Module 13,352.00$ (34,048.00)$ Officer Signature: Customer: Printed Name: September 30, 2014 5,720.00$ Grand Island Council Session - Updated - 8/26/2014 Page 352 / 463 MCA Master Terms v050514 (American English).docx Confidential Page 1 of 8 MASTER CUSTOMER AGREEMENT – GENERAL TERMS 1. Certain Definitions 1.1. “Addendum” means an addendum to the Agreement that sets out additional terms and conditions applicable to a Product offering, which expressly incorporates the Agreement by reference. 1.2. “Affiliate” means any entity that directly or indirectly, Controls, is Controlled by, or is under common Control with the subject entity. 1.3. “Control” or “Controlled”, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interest in the applicable entity. 1.4. “Customer” means the entity named as the Customer on the signature page to these Terms. 1.5. “Customization” means a specific software-based Deliverable that includes new code or an adaptation (e.g., a change to source code) to the base Software and/or product embedded customized objects, which Deliverable has been furnished as part of a Services Statement of Work. 1.6. “Customization Support” means the maintenance and support services Epicor provides for a Customization then subscribed to an annual Customization Support plan as described in a “Support” Addendum, where available. 1.7. “Deliverables” means Epicor’s proprietary (e.g., non third party) Products and Documentation, and any tangible and intangible materials, including reports, studies, base cases, drawings, findings, manuals, procedures and recommendations that are prepared by Epicor or its subcontractors in the course of furnishing the Products and Documentation. 1.8. “Documentation” means Epicor’s standard read-me and online help materials, user documentation and training materials normally made available by Epicor in connection with a specific Product. 1.9. “Hardware” means equipment sold by Epicor pursuant to an Order. 1.10. “Malicious Code” means a virus, worm, time bomb, Trojan horse or any other similar harmful or malicious code. 1.11. “Order” means Epicor’s standard order form documentation for ordering certain Products. 1.12. “Products” means, collectively, Software, Support, Services, Customizations, Customization Support, Subscription Services and/or Hardware. 1.13. “Services” means the professional services to be furnished by Epicor to Customer as specified in a Statement of Work. 1.14. “Software” means the specific application software product or modules set forth in an Order. 1.15. “Software Update” means a patch, workaround, improvement, correction, modification or derivative to the Software that is made generally available by Epicor as part of a Support subscription. 1.16. “Statement of Work” means Epicor’s standard form for ordering Services or Subscription Services Products from Epicor. 1.17. “Subscription Services” means software delivered on a software as a service (SaaS) basis and application management or similar services performed on subscription or recurring basis as set forth in an Order or Statement of Work. 1.18. “Support” means the maintenance and support services Epicor provides for the Software licensed hereunder as described in a “Support” Addendum. 1.19. “Support Term” has the meaning given in the “Software Support” Addendum. 1.20. “Third Party Software” means Software that is licensed by Customer directly from a third party vendor under a separate end user license agreement and/or maintenance and support agreement (as denoted on an Order), even if Epicor arranges for the license of such third party software to Customer and invoices Customer for such third party software. 2. Software License 2.1. Grant of License. Subject to the terms and conditions herein and any limitations set forth in an Order, Epicor grants Customer a worldwide, personal, non-transferable, and non-exclusive license for the use of the Software described in an Order (“License”). The License is also perpetual, subject to Epicor’s right to terminate in accordance with this Agreement. The License is for the object code (run-time) version of the Software and Documentation together with such Software Updates as may hereafter be provided by Epicor to Customer. Risk of loss for any Software media licensed hereunder shall pass to Customer upon delivery by Epicor to Epicor’s designated carrier. 2.2. Internal Use. The License purchased herein is granted solely to Customer for its internal data processing and data management needs. Customer agrees that the License does not permit Customer to: (i) use the Software for a timesharing or service bureau application, (ii) provide access to the Software or Documentation to third parties without Epicor’s prior written consent, which may be withheld in its sole discretion, or (iii) sublicense or encumber the Software and Documentation except as otherwise permitted herein. 2.3. Third Party Software. Customer’s use of Third Party Software is subject to the terms and conditions of the license agreement that accompanies the Third Party Software. The Third Party Software may only be used in conjunction with Software supplied by Epicor, except as otherwise denoted on an Order. The Third Party Software is warranted, and where applicable subject to indemnification, by the manufacturers/licensors thereof. Accordingly, Epicor makes no warranties of any kind, express or implied, nor offers any indemnification with respect to Third Party Software. Grand Island Council Session - Updated - 8/26/2014 Page 353 / 463 MCA Master Terms v050514 (American English).docx Confidential Page 2 of 8 2.4. License Fees. The Software is licensed for a onetime license fee listed on an Order, except as otherwise set forth therein. 2.5. Copies. Customer may make a reasonable number of copies of the Software and Documentation solely for its own data archival or disaster recovery purposes. Customer shall not permit any third party to copy the Software or Documentation. 2.6. License Type Descriptions. The Software is licensed to you subject to the associated license type(s) designated on an Order and/or the related Documentation. 2.7. Software Warranties and Disclaimers 2.7.1. Epicor warrants for a period of 180 days following the date the Software is initially shipped or made electronically available to Customer that: (i) the Software, when used in an operating environment specified in its Documentation, will substantially conform to its Documentation under normal use, (ii) any media upon which the Software is supplied will be free from defects in design, material or workmanship, and (iii) the Software as originally delivered does not contain any Malicious Code. 2.7.2. Epicor does not warrant that the functions contained in the Software will meet Customer’s requirements or needs, or that the operation of the Software will be uninterrupted or error free. 2.7.3. Except as provided in Section 11, Epicor’s entire liability and Customer’s sole and exclusive remedy for the breach of any warranty made in Section 2.7.1 is to use commercially reasonable efforts to provide fixes with respect to any error or Malicious Code in the Software in a timely manner; provided that Epicor is not responsible to correct, cure or otherwise remedy any error in the Software resulting from (a) an alteration, addition, adjustment or repair that is not performed by Epicor or its Affiliates or (b) misuse, damage or unlicensed use of the Software by Customer or a third party. 2.7.4. This Section 2.7 does not apply with respect to the Third Party Software, which is governed by any warranties included in the license agreement that accompanies the Third Party Software. 2.8. Escrow. The source code for Epicor’s proprietary Software is deposited in escrow. Customer may subscribe to the Epicor’s master escrow arrangement at any time upon agreeing to its terms and paying the applicable fees therefor. 2.9. U.S. Government Restricted Rights. The Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Licensed Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Licensed Software or Commercial Computer Licensed Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this Agreement. 3. Software Support; Customization Support. Epicor’s delivery of Support and Customization Support (where available) is subject to the additional terms and conditions contained in a separate “Support” Addendum. 4. Professional Services. The following are the terms and conditions under which Epicor provides Services: 4.1. Scope of Service. Any Services to be performed by Epicor will be described in separately executed Statements of Work. 4.2. Changes in Scope. Any changes to the scope contemplated in a Statement of Work must be made by a written change order or amendment to the Statement of Work signed by an authorized representative of each party. 4.3. Services Fees and Expenses. Except as otherwise set forth in a Statement of Work, Services are billed on a time and materials basis periodically as work is performed with payment rendered by Customer under the terms described in the applicable Statement of Work. Epicor reserves the right to withhold Services while any Services fees remain overdue, to the extent such fees are not the subject of a bona fide dispute communicated to Epicor in writing. Customer will reimburse Epicor for reasonable out-of-pocket expenses incurred in performance of the Services, which include but are not limited to travel expenses, per diem and mileage as specified in a Statement of Work. The parties shall confer from time to time as needed before and during a Services engagement to discuss and agree upon any reasonable expense parameters for the particular engagement. 4.4. Hours of Service. Services will be performed during normal local business hours, Monday through Friday, excluding holidays, or as otherwise set forth in the Statement of Work. Customer may request in writing extended hours of Services at the prevailing surcharge rates. 4.5. Customizations. Epicor will perform Customizations as set out in a Statement of Work, when applicable, in which case Customer will have the same license usage rights to the Customizations as it has to the Software licensed hereunder. Customizations are not covered by Support. Customization Support is separately available pursuant to the terms of a separate “Support” Addendum. 4.6. Services Warranties. Epicor represents and warrants that (i) the Services will be provided by qualified personnel with reasonable skill and care in accordance with generally accepted industry standards, (ii) in performing the Services it will not introduce Malicious Code into Customer’s system(s), and (iii) each Customization will substantially conform to the agreed specification for a period of 90 days following delivery of the Customization to Customer. In the case of Epicor’s breach of the aforementioned warranties, Epicor’s obligation and Customer’s remedy is for Epicor to re-perform the affected Services and/or repair the affected Customization, as the case may be, at no additional cost to Customer. Grand Island Council Session - Updated - 8/26/2014 Page 354 / 463 MCA Master Terms v050514 (American English).docx Confidential Page 3 of 8 4.7. Customer Responsibilities. During a Services engagement Customer will provide Epicor with reasonable access to requested resources such as: (i) Customer’s personnel, facilities, equipment, hardware, software, network and information for Services to be performed on-site, and (ii) timely decision-making, notification of relevant issues or information and granting of approval or permissions as reasonably necessary for Epicor to perform the Services. 5. Subscription Services. Epicor’s delivery of Subscription Services, if any, is subject to the additional terms and conditions contained in a separate “Subscription Services” Addendum. 6. Hardware. The following are the terms and conditions under which Epicor resells Hardware: 6.1. Purchase Price. Customer shall pay all Hardware fees listed in an Order pursuant to the terms listed therein. 6.2. Risk of Loss/Security Interest. Except as otherwise provided in an Order, risk of loss for Hardware purchased hereunder shall pass to Customer upon delivery by Epicor to Epicor’s designated carrier. For shipments within the United States, title to the Hardware will also pass to Customer upon delivery by Epicor to Epicor’s designated carrier; provided that Customer grants Epicor a security interest in the Hardware and any replacements or proceeds thereof until full payment has been made to Epicor and authorizes Epicor to take reasonable steps to perfect its security interest thereunder. For shipments to destinations located outside the United States (i) title to the Hardware remains with Epicor and shall not pass to Customer, and Customer may not transfer such Hardware without Epicor’s prior written consent until Epicor receives the purchase price in full, and (ii) Epicor shall have the authority to repossess, sell or otherwise deal with and/or dispose of the Hardware and any replacements or proceeds thereof and to take any other reasonable steps to protect its interest thereunder if any part of the purchase price becomes overdue. At Customer’s request, Epicor will insure the Hardware against risk of loss and damage while in transit and will add the costs of such insurance to Customer’s invoice for payment. Until full payment for the Hardware is made, Customer must, and must cause its transferees to, notify Epicor in writing in advance of any transfer of the Hardware and the resulting location thereof. 6.3. Preparation. Customer is responsible for all preparation of its facilities as necessary to operate the Hardware. 6.4. Operating System Software License. The Hardware purchased hereunder may require certain operating system software, which is furnished to Customer subject to the license terms furnished by the third party hardware or software supplier (“Manufacturer’s Software”). 6.5. Warranty and Indemnification Disclaimer. 6.5.1. Epicor Proprietary Hardware. Epicor warrants that its (or its Affiliates’) proprietary Hardware purchased under this Agreement will be free of defects in materials and workmanship for a period of 1 year from the date shipped. If any such Hardware is discovered to contain a defect in material or workmanship and Customer reports the defect to Epicor in writing during the warranty period, Epicor will, at its option, repair or replace the defective Hardware within a reasonable period of time. If Epicor is unable to repair or replace the defective Hardware, Epicor will refund to Customer the purchase price paid by Customer for such Hardware. The foregoing is Customer’s sole and exclusive remedy for Epicor’s breach of the warranty set forth in this Section. 6.5.2. Third-party Sourced Hardware. Third-party sourced Hardware purchased and/or Manufacturer’s Software licensed under this Agreement is warranted, and where applicable subject to indemnification, by the suppliers and/or licensors thereof. Accordingly, and unless otherwise provided herein, Epicor makes no warranties of any kind, express or implied, with respect to the third party-sourced Hardware or Manufacturer’s Software. Epicor agrees to pass through to Customer and otherwise make available to Customer any and all warranties and indemnification in force and available by the manufacturers of such Hardware or Manufacturer’s Software. 7. Payments 7.1. Pricing; Payment Terms. Except as otherwise set forth in an Order or Statement of Work all payments are due within 14 days following the date invoiced without any setoff or reduction. 7.2. Taxes. All prices are exclusive of all applicable country, provincial, state and local sales, use, value added, excise, privilege, franchise and similar taxes (“Taxes”). Customer shall be responsible for all Taxes however designated or levied, against the sale, licensing, delivery, or use of the Products (other than Taxes based upon Epicor’s net income). 8. Confidentiality 8.1. Confidential Information. As used herein, “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) in connection with this Agreement. Confidential Information includes, without limitation, the Deliverables, copies or abstracts made thereof as well as any modules, samples, prototypes or parts thereto and the details of the employees of the parties or their Affiliates and Customer’s data. Confidential Information does not include any information that (i) is already known to the Receiving Party or received by the Receiving Party from a third party, free of any obligation to keep it confidential; (ii) becomes publicly known through no wrongful act of the Receiving Party; (iii) is independently developed by the Receiving Party without the use of the Disclosing Party’s Confidential Information; or (iv) is approved for release by written authorization of the Disclosing Party. 8.2. Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement without the Disclosing Party’s prior written permission. 8.3. Protection. The Receiving Party agrees to keep confidential all Confidential Information disclosed to it by the Disclosing Party, and to protect the confidentiality thereof in the same manner as it protects the confidentiality of its own, but no less than reasonable care. Grand Island Council Session - Updated - 8/26/2014 Page 355 / 463 MCA Master Terms v050514 (American English).docx Confidential Page 4 of 8 8.4. Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. 8.5. Return. Receiving Party will return all originals, copies and summaries of the Confidential Information upon termination or expiration of this Agreement or upon Disclosing Party’s request, or in the alternative, destroy the same and certify in writing to Disclosing Party that all such Confidential Information has been destroyed. 8.6. Duration. The obligations with respect to Confidential Information will continue until such time it ceases to be considered confidential under Section 8.1. 9. Proprietary Rights; Restriction on Use 9.1. Deliverables. Epicor retains exclusive ownership in all Deliverables developed, created or furnished by Epicor hereunder and will own all intellectual property rights, title and interest in any ideas, concepts, know how, documentation or techniques developed by Epicor under this Agreement. All rights not expressly granted in this Agreement are reserved by Epicor and its suppliers. 9.2. Trademark and Copyright Notices. Customer shall not remove, alter or destroy any proprietary, trademark or copyright notices placed upon or contained within any Deliverables. Customer does not and shall not acquire any rights of any kind in or to any trademark, trade name, logo or product designation under which a Deliverable was or is marketed and may not make any use of the same for any purposes. 9.3. Usage Restrictions. Except to the extent permitted by law without the possibility of contractual waiver, Customer may not reverse engineer, modify, decrypt, extract, disassemble, or decompile any Deliverable, or permit anyone else to do so (a “Prohibited Action”). Before Customer exercises any legal right to conduct a Prohibited Action it must provide Epicor with reasonable prior written notice and will not unreasonably refuse to accept any alternative course of action that Epicor proposes to satisfy Customer’s legal rights in lieu of conducting a Prohibited Action. Customer may not disclose any Deliverable to an Epicor competitor or disclose results of any benchmark test of the Deliverable to any third party without Epicor’s prior written approval, which may be withheld in Epicor’s sole discretion. For the avoidance of doubt, an Epicor authorized partner is not deemed an Epicor competitor for purposes of this clause. 9.4. High Risk Use. The Products are not fault-tolerant and are not designed or intended for use in hazardous environments, including without limitation, in the operation of aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles or weaponry systems, or any other application in which failure of the Products could lead to death or serious bodily injury of a person, or to severe physical or environmental damage (each, a “High Risk Use”). Epicor and its suppliers expressly disclaim any express or implied warranty or representation of fitness for High Risk Use. 10. Additional Express Warranties; Disclaimers 10.1. Additional Express Warranty. In addition to the Product-specific express warranties granted herein or in an Addendum hereto, Epicor hereby warrants that it is authorized to enter into this Agreement and supply the Deliverables hereunder. 10.2. General Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, INCLUDING SECTIONS 2.7.1, 4.6, 6.5.1 AND 10.1, NEITHER EPICOR, NOR ITS SUPPLIERS, SUBCONTRACTORS OR AGENTS MAKE ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND EPICOR AND ITS SUPPLIERS, SUBCONTRACTORS AND AGENTS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, REASONABLE SKILL AND CARE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 11. Indemnity 11.1. By Epicor 11.1.1. Subject to the terms and conditions contained herein, Epicor will, at its own expense, defend Customer and its Affiliates, and their directors, officers and employees (each, an “Customer Indemnified Party”) against any claim, demand, suit, proceeding or action (each, a “Claim”), and shall indemnify Customer Indemnified Parties against any damages, costs (including but not limited to reasonable attorney fees and costs) finally awarded against them or amounts agreed to in a monetary settlement arising out of or in connection with such Claim to the extent the Claim is made or brought by or on behalf of a third party alleging that the Products furnished by Epicor hereunder infringe any copyright or patent, or misappropriate any trade secret, of such third party issued, honored or enforceable under U.S. laws or the laws of any other country where Epicor or its Affiliates have business operations (“Customer Claim”). Epicor has no obligation under this Section or otherwise to the extent a Customer Claim is based on any use of (i) the Products not in accordance with the Agreement or the applicable Documentation, (ii) the Products in combination with other products not contemplated hereunder or in the applicable Documentation to the extent the infringement is caused by such combination, (iii) or modification to the Products other than by or at Epicor’s direction, (iv) a superseded Software version if a corrective Software Update has been made available to Customer for no additional license fee, or (v) a Customization to the extent based on Customer supplied intellectual property, materials or information. Further Epicor has no obligation under this Section with respect to Customer Claims involving third-party sourced Hardware (including Manufacturer’s Software) and Third Party Software. Grand Island Council Session - Updated - 8/26/2014 Page 356 / 463 MCA Master Terms v050514 (American English).docx Confidential Page 5 of 8 11.1.2. If a Customer Claim occurs, or if Epicor reasonably believes a Customer Claim may occur, Epicor may at its sole discretion and at no cost to Customer (i) modify the Product so that it no longer infringes or misappropriates, (ii) secure for Customer the right to continue using the Products in accordance with this Agreement, or (iii) if (i) and (ii) are not commercially and reasonably feasible, terminate this Agreement with respect to the Product(s) that are or may be subject to the Customer Claim and refund to Customer, as applicable, (a) where Software or a Customization is or may be the subject of a Customer Claim, the depreciated value of the license fees paid for such Software or Services fees paid for such Customization (in either case based on a 5-year straight line depreciation schedule commencing on the date such Software or Customization was first delivered) and (b) where Support, Services (other than involving a Customization) or Subscription Services are the subject of the Customer Claim, the fees paid for the applicable Product during the then preceding 12-month period. This Section provides Epicor’s entire liability and Customer’s sole and exclusive remedy for infringement and misappropriation Claims. 11.1.3. Epicor’s obligations under this Section 11.1 are conditioned on the Customer Indemnified Party providing the following: (i) prompt notice of any Claim for which indemnification is sought, (ii) sole control of the defense and settlement of such Claims or the appeal of any award, and (iii) reasonable assistance and cooperation at Epicor’s expense; provided however that Epicor may not enter into any settlement imposing any liability or obligation on the Customer Indemnified Party without the Customer Indemnified Party’s consent, not to be unreasonably withheld or delayed. 11.2. By Customer 11.2.1. Customer will, at its own expense, defend Epicor and its Affiliates, and their directors, officers and employees (each, an “Epicor Indemnified Party”) against any Claim, and shall indemnify Epicor Indemnified Parties against any damages, costs (including but not limited to reasonable attorney fees and costs) finally awarded against them or amounts agreed to in a monetary settlement arising out of or in connection with such Claim to the extent the Claim (any of the following, an “Epicor Claim”) (a) is made or brought by or on behalf of a third party in connection with (i) any Customer supplied intellectual property, materials or information, or (ii) Customer’s use of the Products not in accordance with, or as contemplated by, this Agreement or applicable Documentation or in violation of any law, rule or regulation or (b) results from Customer’s use of the Subscription Services whereby Customer (i) uses the Subscription Services to store or transmit any Malicious Code, (ii) interferes with or disrupts the integrity of the Subscription Services, or (iii) gains unauthorized access to the Subscription Services or their related Epicor systems or networks. 11.2.2. Customer’s obligations under this Section 11.2 are conditioned on the Epicor Indemnified Party providing the following: (i) prompt notice of any Claim for which indemnification is sought, (ii) sole control of the defense and settlement of such Claims, and (iii) reasonable assistance and cooperation at Customer’s expense; provided however that Customer may not enter into any settlement imposing any liability or obligation on the Epicor Indemnified Party without the Epicor Indemnified Party’s consent, not to be unreasonably withheld or delayed. 12. Exclusion and Limitation of Liability 12.1. Exclusion of Certain Damages. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR (i) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, OR (ii) DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, OR LOSS OF BUSINESS INFORMATION OR OTHER DATA (IN EACH CASE WHETHER DIRECT OR INDIRECT), AND CLAIMS AGAINST A PARTY BY ANY THIRD PARTY ARISING IN CONNECTION WITH THIS AGREEMENT WHETHER ARISING IN LAW OR IN EQUITY, IN CONTRACT, IN TORT, IN STRICT OR PRODUCT LIABILITY, BREACH OF STATUTORY DUTY, OR IN ANY OTHER FORM OF ACTION, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR WHETHER SUCH EXCLUSION CAUSES ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSES. 12.2. Limitation of Liability. The parties hereto specifically agree that except for amounts properly payable to Epicor hereunder, the total liability of a party to the other for damages under this Agreement with respect to an affected Product will be limited to direct damages and shall not exceed the sum of (i) Software license fees paid by Customer to Epicor, (ii) maintenance and support fees paid by Customer to Epicor for the then current Support Term, and/or (iii) Services or Subscription Services fees paid by Customer to Epicor during the immediately preceding 12-month period; as the case may be for the affected Product(s) giving rise to the applicable cause(s) of action. Notwithstanding the foregoing, Epicor’s total liability to Customer for damages relating to Third Party Software or Hardware will not exceed the license and/or Hardware fees, as the case may be, paid by Customer to Epicor therefore. 12.3. Exceptions. Paragraphs 12.1 and 12.2 do not apply to (i) claims arising out of death or personal injury or damage to tangible property, caused by a party’s negligence, (ii) a party’s breach of its obligations under Sections 8 (Confidentiality), 9 (Proprietary Rights; Restrictions in Use), , or 13 (Regulatory Provisions), or (iii) Section 11 (Indemnification). Grand Island Council Session - Updated - 8/26/2014 Page 357 / 463 MCA Master Terms v050514 (American English).docx Confidential Page 6 of 8 12.4. Reliance. Epicor and Customer have not relied upon and agree they will have no remedy arising from any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. 13. Regulatory Provisions 13.1. Export. Certain of the Deliverables and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party agrees to comply with all international and national laws and regulations that apply to the Deliverables and such derivatives. These laws include U.S Export Administration Regulations, and importation, end user, end-use and destination restrictions issued by the U.S. and other governments. 13.2. Anti-Corruption. Customer has not, and upon each submission of an Order or Statement of Work shall have not, received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Epicor’s employees or agents in connection with this Agreement. 13.3. Personal Data. It is acknowledged that from time to time, you may provide or make available to Epicor certain data which represents data which is personal to individual persons (“Personal Data”) (such as name, surname, title, address, contact telephone numbers and email addresses as well as any other data which is treated as “personal data” under applicable laws on personal data). Customer agrees that Epicor may use such Personal Data, which is provided or made available by Customer, and may transfer such data to any of Epicor’s Affiliates or suppliers for them to use such data, for the sole purpose of administering and performing Epicor’s obligations and services under this Agreement. Customer agrees that it will obtain all necessary consents which may be required to enable Customer to provide Epicor with any such Personal Data and which may be required for Epicor to be able to use such Personal Data in accordance with this clause above and will provide Epicor with confirmation of such consents upon Epicor’s request. 14. Non-Solicitation. Subject to applicable law, so long as Epicor is performing Support, Services or Subscription Services hereunder and for 12 months thereafter, each party agrees that it and its Affiliates will not, without the other party’s consent, directly or indirectly solicit for employment (or as an independent contractor) or hire as a result of such solicitation any employee or independent contractor of the other party or its Affiliates for a period of 6 months after the date such person’s employment or services contract was terminated. This Section will not restrict the right of a party or its Affiliates to: (i) solicit or recruit generally in the media or online, or (ii) hire or engage the other party’s or its Affiliates’ employees or independent contractors who answer any general advertisement or who otherwise voluntarily apply for hire or engagement without having been initially personally solicited or recruited by or on behalf of the other party. If a party or its Affiliate hires an employee or engages an independent contractor of the other party or its Affiliates in contravention of this Section, then such party shall pay to the other party an amount equal to the salary or fees paid to that person over the last 12 months of their engagement with the other party or its Affiliate, such amount being a genuine pre-estimate by the parties of liquidated damages and not a penalty. 15. Audit. On Epicor’s written request, no more frequently than annually, Customer shall provide Epicor with a signed written certification (i) verifying that the Deliverables have been used in complete compliance with the terms of this Agreement, including any user limitations and (ii) listing the locations at which the Deliverables are being used. Customer agrees to grant Epicor reasonable access to all relevant locations and provide reasonable co-operation, upon prior notice during normal business hours, to allow Epicor to audit Deliverable usage, and confirm the information provided by Customer in its signed written certification. 16. Term; Termination 16.1. Termination for Cause. Either party may terminate this Agreement, a License, Order and/or Statement of Work for cause upon 30 days written notice of a material breach by the other party of its obligations under this Agreement or the affected License, Order or Statement of Work, if such breach remains uncured at the expiration of such period. 16.2. Effects of Termination. Upon termination of this Agreement, a License, Order and/or Statement of Work, as the case may be, for any reason: (i) all rights and obligations of the parties under this Agreement and/or such License, Order or Statement of Work will automatically terminate except for rights of action accruing prior to termination, (ii) all amounts due thereunder shall continue to be due on their due dates (including the remainder of any annual fee paid on a periodic basis), and (iii) Epicor will promptly refund to Customer any non-applied, prepaid Services fees. Upon termination of a License Customer shall immediately return or destroy the applicable Deliverables and all portions and copies thereof and, if requested by Epicor, shall certify in writing as to the destruction or return of the same. Termination of one or more Licenses, Orders and/or Statements of Work will not terminate the Agreement. 16.3. Surviving Provisions. Those provisions that by their nature should survive termination of the License or this Agreement, as the case may be, will survive termination. These include, without limitation: The provisions included on the signature page to the Agreement respecting Choice of Law and Alternative Dispute Resolution and Sections 1, 2.3, 2.4, 2.7.2 to 2.7.4, 2.9, 4.3, 6.1, 6.2, 6.4, 6.5, 7, 8, 9, 10.2, and 11 through 19 of these Terms and any payment-related obligations under an Addendum. 17. Dispute Resolution. Except for debt recovery actions by Epicor for amounts due to it hereunder or indemnity claims under Section 11, in the event of any dispute, claim, or controversy arising out of, relating to, or in connection with this Agreement (whether based in contract, in tort, upon a statutory provision, or otherwise), including, without Grand Island Council Session - Updated - 8/26/2014 Page 358 / 463 MCA Master Terms v050514 (American English).docx Confidential Page 7 of 8 limitation, the formation, performance, breach, termination, enforcement, interpretation or validity thereof (a “Dispute”): 17.1. Negotiation/Mediation. Customer and Epicor will first attempt to resolve the Dispute through confidential negotiation either through negotiations between designated executives with authority to resolve the Dispute, or if mutually agreed, through confidential mediation, utilizing a mutually agreeable mediator. If the parties are unable to resolve the Dispute through negotiation or mediation within 30 days following the initial notice of a Dispute (or such longer period as is agreed in writing), the Dispute shall be finally resolved through arbitration. 17.2. Arbitration. If Customer and Epicor are unable to resolve the Dispute in accordance with Section 17.1 the Dispute shall be fully and finally settled through arbitration administered pursuant to the rules and in the location designated in the Additional Dispute Resolution provision set forth on the signature page to these Terms before a single arbitrator. Any award rendered in such arbitration proceedings will be executory, final, and binding on each of the parties. To the extent permitted by law (i) each party to the arbitration will pay its own costs and expenses (including attorney’s fees) in connection with the arbitration, (ii) the arbitrator’s fees and the administrative expenses of the arbitration will be paid equally by the parties thereto, and (iii) the arbitrator will not have the power to award punitive damages. The parties shall treat as confidential, and except as required by law no party may disclose the existence, contents, or results of an arbitration brought in accordance with this Agreement, or the documents presented and evidence produced by its opposing parties, or any analysis or summaries derived from such evidence. 17.3. Enforcement. The award rendered by the arbitrator may be recognized and enforced by any court having jurisdiction, and any necessary applications may be made to such courts for judicial acceptance of the award and an order of enforcement. Such court proceedings will disclose only the minimum amount of information concerning the arbitration as is required to obtain such recognition, enforcement, acceptance or order. 17.4. Equitable Relief; Right to Termination. Notwithstanding the terms of this Section 17, each party shall have the right to seek immediate injunctive or other provisional relief, in any court of competent jurisdiction, against or from any ongoing or impending injury or damage, which mediation or arbitration would not in the party’s reasonable opinion avoid and each party shall at all times have the right to exercise any contractual right it may have to withhold the performance of its obligations and/or terminate this Agreement, an Order and/or Statement of Work as permitted hereunder. 17.5. Conflict. To the extent the terms of this Section 17 are modified by or conflict with Additional Dispute Resolution provision on the signature page to this Agreement, the terms of the Additional Dispute Resolution provision shall modify this Section 17 to the extent of the modification or conflict. 17.6. UN Convention on Contracts Not Applicable. This Agreement is not to be governed by the United Nations Convention on Contracts for the International Sales of Goods. 18. Assignment. Customer may not assign, license, sublicense or otherwise transfer this Agreement or any rights under this Agreement, whether voluntarily or by operation of law, without Epicor’s prior written consent. Without limiting the scope of the previous sentence any sale or transfer of assets, stock or any interest in Customer, or any merger, consolidation restructuring, or other business reorganization, which, by operation of law, transfers this Agreement and such rights, is to be considered a transfer covered by the previous sentence. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Epicor may assign this Agreement upon written notice to Customer if the assignee agrees to be bound in writing by Epicor’s obligations hereunder. 19. General 19.1. Headings. Headings contained in this Agreement are for convenience only and are not part of this Agreement and do not in any way interpret, limit or amplify the scope, extent or intent of this Agreement or any of the provisions hereof. 19.2. Complete Agreement. This Agreement, including any Order, Statement of Work, Addendum or a supplement or an amendment hereto, constitutes the entire Agreement between the parties on the subject hereof and supersedes all other prior or contemporaneous agreements, negotiations, representations and proposals, written or oral. Each party acknowledges that in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty other than as expressly set out in this Agreement. In the event of a conflict between this Agreement and any Order or Statement of Work entered into in connection herewith, this Agreement will control except as expressly provided otherwise in the applicable Order or Statement of Work. This Agreement does not operate as an acceptance of any conflicting terms and conditions and shall prevail over any conflicting provision of any purchase order or any other instrument of Customer, it being understood that any purchase order issued by Customer shall be for Customer’s convenience only. 19.3. Severability. If any provision of the Agreement is deemed to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect and the parties will promptly amend the Agreement to give effect to the stricken provision to the maximum extent possible. 19.4. Modifications and Waiver. No modification of, or amendment or addition to this Agreement is valid or binding unless set forth in writing signed by a representative of each party; provided that an Order becomes valid and binding against Customer once signed and submitted by Customer. The waiver or failure of either party to exercise in any respect any right or remedy provided herein shall not be deemed a waiver of any future right or remedy hereunder. 19.5. Electronic Signatures. The parties consent to electronic signatures for the purpose of executing this Agreement by e-mail or other electronic means, subject to compliance with any applicable laws, rules or regulations. In no Grand Island Council Session - Updated - 8/26/2014 Page 359 / 463 MCA Master Terms v050514 (American English).docx Confidential Page 8 of 8 event shall the electronic execution expand such assent to include any terms other than those explicitly set forth in this Agreement. 19.6. Force Majeure. Neither party will be responsible for its failure to timely perform under this Agreement when its failure results from any cause beyond its reasonable control. 19.7. Relationship. The parties are independent contractors. This Agreement does not create a joint venture or partnership between the parties; and no party is by virtue of this Agreement authorized as an agent, employee or representative of the other party. 19.8. Business Contact Information. Customer agrees to allow Epicor and its Affiliates to store and use Customer’s business contact information, including names, business phone numbers, and business e-mail addresses, anywhere they do business. Such information will be processed and used solely in connection with the parties’ business relationship. 19.9. Notice. Notices hereunder shall be sent to the addresses on the face of this Agreement, or to such other address(es) as specified by a notice complying herewith, and shall be deemed delivered (i) on the date shown on the postal return receipt or on the courier or facsimile with confirmation of delivery, or (ii) within 5 days after deposit in first class mail or registered post. 19.10. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and taken together will constitute a single instrument. Grand Island Council Session - Updated - 8/26/2014 Page 360 / 463 Epicor MCA – Support Addendum CONFIDENTIAL Rev. 07/10/2013 MASTER CUSTOMER AGREEMENT – SOFTWARE SUPPORT ADDENDUM Product: Epicor HCM This Software Support Addendum (“Addendum”) is incorporated by reference into and governed by the Master Customer Agreement (“Agreement”) between Customer and Epicor. Capitalized terms not defined herein have the meanings given in the Agreement. The following are the terms and conditions under which Epicor provides “standard” maintenance and support services (“Support”) during the Support Terms: 1.1. Support Centers. Epicor will provide telephone and e-mail support to Customer to answer general Software product questions and to identify and diagnose Software issues during the normal local business hours of the regional support center that services the Software licensed by Customer hereunder, Monday through Friday. Premium and/or after- hours support is separately available for an additional charge at Epicor’s then standard rates. 1.2. Web Portal. Epicor will provide Customer unlimited access to its Support self-service Web portal, where available. 1.3. Software Updates. Epicor will make available to Customer (for no additional license fees) all Software Updates to Software licensed by Customer hereunder, if and when commercially released. 1.4. On-site Support. Epicor’s delivery of onsite Support, if any, is subject to the additional terms and conditions contained in a separate addendum. 1.5. Initial Support Term. The Support term for Software initially licensed by Customer begins on the date such Software is shipped or electronically furnished by Epicor and ends 12 complete calendar months thereafter (“Initial Term”). 1.6. Renewal. After the Initial Term, Support will automatically renew on the terms and conditions set forth herein from year to year (each, a “Support Term”) unless terminated by Customer upon written notice given at least 90 days prior to the expiration of the then current Support Term. 1.7. Co-Terminus Support. Support for Software licensed after the first day of the Initial Term shall begin on the date such Software is shipped or made electronically available to Customer by Epicor and shall end at the end of the then current Support Term. The Support fees applicable thereto will be prorated ratably on an annualized basis over the remainder of the Support Term. 1.8. Maintenance and Support Fees. Customer shall pay all maintenance and support fees listed (i) on an Order pursuant to the terms listed therein and (ii) on a renewal invoice prior to beginning of the next Support Term, unless terminated in accordance with Section 1.6 of this Addendum. Epicor reserves the right to withhold Support while any maintenance and support fees remain overdue. Epicor may increase the annual maintenance and support fees applicable to the ensuing Support Term (as denoted in a renewal invoice); provided that in no event may the annual percentage increase to Epicor’s standard rate with respect to Epicor’s proprietary Software exceed the sum of (i) the year-over-year percentage increase in the regional consumer price index generally used by Epicor for purposes of this computation, plus (ii) 2%. 1.9. Support Limitations. Customer acknowledges that it may need to update to a then more current Software Update release in order to obtain Software fixes (e.g., bug fixes or service pack releases (SCR) or similar releases) or other Support. Epicor is not responsible for Software errors that result from alterations, additions, adjustments or repairs made by third parties other than at Epicor’s direction. 1.10. Support Warranties. Epicor warrants that it will use commercially reasonable efforts to perform Support and that the Support furnished pursuant to Section 1.1 herein will be provided by qualified personnel in a professional and workmanlike manner. 1.11. Microsoft Embedded Maintenance. Customer’s subscription to the Microsoft Embedded Maintenance program as indicated on an Order entitles Customer to receive new product versions to certain Microsoft Software products supplied by Epicor, if and when commercially released by Microsoft Corporation, during the applicable coverage period. 1.12. Third Party Software Support. Epicor is not responsible to perform Support for certain Third Party Software, as denoted on an Order, in which case the maintenance and support services, if any, will be available from the third party supplier. Grand Island Council Session - Updated - 8/26/2014 Page 361 / 463 Agreements\Customer\Amend\City of Grant Island MCA Amend 0814.docx Page 1 of 1 Amendment to Master Customer Agreement This Amendment to Master Customer Agreement (“Amendment”) is made and entered into as of the date signed by Epicor below, by and between Epicor Software Corporation (“Epicor”) and City of Grand Island (“Customer”). R E C I T A L S A. Customer and Epicor are entering into a Master Customer Agreement (the “Agreement”) pursuant to which Customer may obtain certain products and services from Epicor. B. Epicor and Customer desire to amend the Agreement as provided herein. NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained below, Epicor and Customer hereby agree as follows: 1. In Section 1 of the signature page to the Agreement replace “State of Texas” with “State of Nebraska”; replace “Travis County, Texas” with “Travis County, Texas and Hall County, Nebraska”; and delete the last sentence. 2. In Section 7 of Agreement – General Terms, replace “14” with “45”. 3. Respecting the Agreement – General Terms (Epicor HCM Hosted Deployment), references to “Exhibit(s) A” means the Hosting Services Order Form(s) entered into from time to time, including that Hosting Services Order dated August 1, 2014. Except as provided herein the terms and conditions of the Agreement shall remain in full force and effect. All terms not defined in this Amendment shall have the meanings ascribed to them in the Agreement. IN WITNESS WHEREOF, the undersigned parties have executed this Amendment as of the date first above written. City of Grand Island Epicor Software Corporation By: By: Print Name: Print Name: Title: Title: Date: Date: Grand Island Council Session - Updated - 8/26/2014 Page 362 / 463 Epicor HCM Hosting MCA Terms v.06/30/2014 Confidential Page 1 of 3 Master Customer Agreement – General Terms Epicor HCM Hosted Deployment 1. Introduction. a. Under this Agreement, Epicor agrees to provide Customer with the non-exclusive use of the necessary hardware, operating system software, Internet access, and hosting services required to host Customer's Epicor HCM human resource information system at Epicor's third party co-location site. b. Customer acknowledges that it must provide its Epicor HCM users with the required version of a supported Web browser and also contract with a third party Internet service provider ("ISP") or other carrier to provide Internet connectivity to Epicor's co-location site. c. Customer has or will license the Epicor HCM software and other Epicor or third-party software, if any, under a separate software license agreement(s). Customer acknowledges that in a hosted setting, the Epicor HCM product is subject to certain restrictions and limitations as compared to a self-hosted license of the Epicor HCM software. 2. Fees and Taxes. a. Customer agrees to pay Epicor the applicable fees specified on Exhibit(s) A. These fees will be invoiced monthly, in advance, and are due on or before the first day of each month. At Epicor’s discretion, past due invoices shall bear interest at the rate of 1½% per month or at the highest legal rate, whichever is less. In addition, Epicor reserves the right to deny access to Customer's Epicor HCM system(s) if any invoice is more than fifteen days past due. b. The fees specified on Exhibit(s) A shall be payable based on the minimum active employee record count, any increases in active employee records, and the number of named users (user ID/password log-ons) for Customer's Epicor HCM system(s) hosted by Epicor. Epicor will take the active employee record and other required counts on or about the fifteenth day of each month. Customer hereby authorizes Epicor to access its Epicor HCM software and data to determine the correct invoicing under this Agreement and other written agreements with Epicor. At the end of each term of this Agreement, Epicor may change the applicable fees upon sixty days advance written notice to Customer. c. Customer acknowledges that the pricing on Exhibit(s) A is based on the term of this Agreement and certain penalties may apply if Customer terminates the Agreement early. (See Article 10.) d. The fees applicable to this Agreement do not include any customs fees, duties, sales, use, value added, or other excise taxes based on or measured by the charges due and payable pursuant to this Agreement. Any such taxes, other than Epicor's employment or income taxes, now or hereafter imposed under the authority of a federal, state or local taxing jurisdiction relating to this Agreement and any penalties or interest thereon due to acts or omissions of Customer, shall be payable to Epicor by Customer, or in lieu thereof, Customer shall provide Epicor with a tax exemption certificate acceptable to Epicor and such taxing authorities. 3. Licensing of the Epicor HCM Software. Customer shall license Epicor HCM by signing the Epicor HCM Software License Agreement. Each of Customer's associated Affiliates shall also have the option to license copies of Epicor HCM or access an Affiliate's copy of Epicor HCM by signing additional Exhibits A to the Epicor HCM Software License Agreement and/or the Epicor HCM Hosting Services Agreement. 4. Hardware, Operating System Software, and Internet Access. a. Epicor agrees to provide Customer with the non-exclusive use of the necessary computer hardware, operating system software, and one or more Internet Protocol (“IP”) addresses required to permit Customer to gain Internet access to its Epicor HCM software hosted by Epicor. b. Epicor agrees to install and test such hardware, operating system software, and IP addresses prior to providing Customer with its initial password and user ID. 5. Hosting Services. a. Installation. Epicor agrees to install and test Customer's Epicor HCM software and provide Customer with one initial password and log-on ID. Data conversions, customizations, and other implementation services are available, and are priced and provided under a separate agreement. b. Maintenance and Epicor HCM Updates. Maintenance for Customer's Epicor HCM system is required during the term of this Agreement. Maintenance will be provided to Customer under the terms, conditions and pricing of Epicor's Maintenance Agreement. Epicor intends to install major updates and new versions of the Epicor HCM software within one year of their release. Within the one year timeframe, Epicor will work with Customer to determine a mutually acceptable time for the implementation of upgrades. Customer acknowledges that any customizations to its Epicor HCM system may not be compatible with future releases of the standard software products. With Customer’s approval (e-mail is acceptable), Epicor will perform the required modifications to Customer’s customizations at Epicor’s hourly rate. c. Database and Operating System Administration. Epicor agrees to perform necessary administration for the ongoing maintenance of the database and the operating system. Customer shall have limited system administration and database administration rights and responsibilities. Therefore, any process or procedure that requires “backend” SQL Server access is not available. d. Access and Uptime. Customer's Epicor HCM software is scheduled to be available for access and use on a 7 x 24 x 365 basis, except for scheduled hardware, software, and access maintenance periods. "Uptime" is defined as the percentage of time, on a daily basis, that Customer's Epicor HCM software is operational on the hardware and available for access and use. Epicor agrees to provide a minimum of 95% Uptime for Customer's Epicor HCM software, not including scheduled maintenance. Notwithstanding the prior sentence, Epicor will strive to achieve a goal of 99% Uptime, not including scheduled maintenance. The Uptime guarantee does not apply to factors beyond Epicor's control, such as power outages, interruptions of Internet access, "crashes," or system failures caused by Customer, et cetera. Grand Island Council Session - Updated - 8/26/2014 Page 363 / 463 Epicor HCM Hosting MCA Terms v.06/30/2014 Confidential Page 2 of 3 e. Penalty. If Epicor fails to meet the 95% Uptime guarantee, upon Customer's written request, Epicor will credit Customer's next monthly invoice one day for each instance that the guarantee was not met. f. Monitoring. Epicor agrees to use monitoring software to monitor vital statistics of the Epicor HCM system(s), operating system software, and bandwidth utilization. g. Virus Protection. Epicor agrees to install and maintain reputable virus protection software to monitor Customer's Epicor HCM system. h. Firewall. Epicor agrees to install and maintain reputable firewall software at Epicor's Internet access point. i. Epicor HCM Back-ups. Epicor agrees to back-up Customer's data once a day to a separate, secure location. j. Restoration of Back-ups. In the event of a hardware/system failure, Epicor agrees to respond to the need to restore a back-up within four business hours. Epicor agrees to complete any such restoration within 24 hours of the time Epicor begins the restoration. Restorations made at Customer's request that are unrelated to a hardware/system failure will be completed within two business days and will be performed and billed at Epicor's hourly rate. 6. Customer's Obligations. a. Internet Access. Customer is responsible for connectivity between its location(s) and Epicor's IP address. b. Hardware/Software. Customer is responsible to provide and maintain suitable personal computer(s) and associated software for Customer's users in accordance with Epicor’s then current Epicor HCM Technical Operating Specifications. c. Data. Customer shall own and be responsible for the accuracy of the data stored in its Epicor HCM system(s). Although Epicor will take reasonable precautions to prevent the loss of Customer's data, Epicor does not guarantee against such loss. Epicor advises Customer to maintain copies of all source documents of the data entered into its Epicor HCM system(s). d. Virus Protection. Customer agrees to use commercially reasonable efforts to keep its hardware and software virus free and to avoid the transmission of software viruses to Epicor’s hardware and software. e. Security. Customer agrees that it will not violate or attempt to violate the security of Epicor's facilities, the Epicor HCM software, hardware, operating system software, or telecommunications facilities, and will not attempt to gain access to, or otherwise interfere with, any copies of Epicor HCM that are not licensed to Customer. f. Spamming. Customer agrees that it will not use Epicor's hardware, software, or telecommunications facilities to send unsolicited e-mail, "spam," "chain letters," or other communications to third parties (other than Customer-approved communications to Customer's own employees or associates). g. Privacy. Customer shall be responsible for complying with all laws and regulations governing privacy with regard to its use of the Epicor HCM system. Customer shall defend and indemnify Epicor against all claims arising from Customer’s failure to comply with any such laws or regulations. 7. Confidentiality. a. Retention of Proprietary Rights in Confidential Information. The parties recognize that in the course of fulfilling this Agreement each party may disclose to the other information concerning its employees, applicants, trade secrets, business plans, product designs, product plans, systems, and other proprietary information. Such information individually and collectively constitutes "Confidential Information." All such Confidential Information disclosed by either party shall remain the sole property of the party disclosing the same, and the receiving party shall have no interest or rights with respect to such information except as set forth in this Agreement or other written agreements between the parties. b. Confidentiality. Each party agrees to maintain the Confidential Information of the other party in trust and confidence to the same extent that it protects its own confidential information, and further agrees to take all reasonable precautions to prevent any unauthorized disclosure of such information. The parties acknowledge that in the event of any breach of this subsection, the other party will not have an adequate remedy in money or damages. Therefore, in addition to any other remedies, the party seeking protection shall be entitled, immediately upon request, to obtain an injunction against such breach from any court of competent jurisdiction. c. Information Not Protected. The commitments in subsections (a) and (b) above shall impose no obligation on the receiving party with respect to any portion of the received information that: (i) through no act or failure to act on the part of the receiving party is now, or hereafter becomes, generally known or available; (ii) is furnished to others by the disclosing party without restriction on disclosure; (iii) is hereafter furnished to the receiving party by a third party as a matter of right and without restriction on disclosure; (iv) is known to the receiving party at the time of receiving such information; or (v) is immaterial or frivolous. 8. Warranty. a. Epicor warrants that it will provide effective operation of the Epicor HCM software, hardware, operating system software, Internet access, and hosting services to Customer under this Agreement. b. Epicor warrants that the operating system software provided by Epicor under this Agreement shall be properly licensed when Customer uses the Epicor HCM software and operating system software in accordance with their intended use, and in accordance with the Epicor HCM Software License Agreement and this Agreement. c. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, CUSTOMER EXPRESSLY AGREES THAT USE OF THE HARDWARE, OPERATING SYSTEM SOFTWARE, INTERNET ACCESS, AND HOSTING SERVICES IS AT CUSTOMER'S SOLE RISK. EPICOR DOES NOT WARRANT THAT THESE ITEMS WILL BE UNINTERRUPTED OR ERROR FREE AND EPICOR PROVIDES NO WARRANTY REGARDING THE USE, OPERATION, PERFORMANCE, OR SECURITY OF THE INTERNET. d. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 9. Limitation of Liability. a. THE PARTIES AGREE THAT EPICOR'S LIABILITY FOR ANY AND ALL CLAIMS OF ANY KIND, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR FROM EPICOR'S PERFORMANCE OR BREACH THEREOF, SHALL NOT EXCEED THREE TIMES THE MONTHLY FEE PAID BY CUSTOMER TO EPICOR UNDER THIS AGREEMENT FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT CAUSED THE LOSS OR DAMAGE. Grand Island Council Session - Updated - 8/26/2014 Page 364 / 463 Epicor HCM Hosting MCA Terms v.06/30/2014 Confidential Page 3 of 3 b. IN NO EVENT SHALL EPICOR BE LIABLE FOR INDIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF EPICOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE OF PRODUCT, ANY ASSOCIATED EQUIPMENT AND/OR SOFTWARE, OR COST OF SUBSTITUTE FACILITIES, EQUIPMENT, SOFTWARE OR SERVICES. 10. Term and Termination. a. This Agreement shall become effective when it is executed by both parties. The initial term of this Agreement is shown on Exhibit(s) A. The term shall automatically renew for the same period(s) of time until either party provides at least sixty days written notice to the other, prior to the expiration of the current term, of its desire to terminate at the end of the stated term. b. Customer acknowledges that the pricing under this Agreement is based on the stated term of the Agreement. In the event of early termination by Customer without cause, or in the event of early termination by Epicor for cause, Customer agrees to pay Epicor an early termination charge equal to the following percentages of the remaining monthly minimum and variable recurring charges: i) 75% of the charges that would have otherwise been applicable under the Agreement for the next twelve months remaining in the agreed upon term; and ii) 50% of the charges that would have otherwise been incurred during any remaining months in the agreed upon term. Any variable monthly recurring charges that are based on active employee records or the number of named users will be payable using the highest number of active employee records and named users in Customer's Epicor HCM system(s) during the twelve months prior to the early termination. c. Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches any obligation and fails to cure such breach within thirty days after receiving notice. Termination of this Agreement automatically terminates all Exhibits A. However, termination of one Exhibit A has no effect on the remaining Exhibits A or this Agreement, so long as the defaulting party complies with this Agreement and the remaining Exhibits A. Each party is entitled to all legal and equitable remedies, including injunctive relief. d. Termination of this Agreement due to Customer's breach shall not affect any sums due to Epicor. All of Customer's rights shall immediately terminate, and all unpaid charges shall become immediately due and payable. e. If requested by Customer within thirty days of the termination of this Agreement or an Exhibit A, and provided that Customer is in good financial standing with Epicor, Epicor shall provide Customer with a copy of the most recent back-up of Customer's applicable Epicor HCM software and data. f. After termination, Epicor shall retain title to and/or use of all hardware and operating system software; and shall be permitted to reassign any IP addresses previously assigned to Customer. 11. Miscellaneous. a. Prohibition Against Assignment. Customer may not assign this Agreement without Epicor's express written consent. Epicor shall not withhold its consent if Customer merges or consolidates into another entity or otherwise transfers or sells all or substantially all of its assets to a third party. b. Force Majeure. Neither party shall be liable, nor shall any credit allowance or other remedy be extended, for any failure of performance, equipment, or software due to causes beyond such party's reasonable control, including, but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action, or request of any governmental entity or agency, or any civil or military authority; or national emergencies, insurrections, riots, or wars. c. Notices. Any notice required to be sent under this Agreement shall be sent by certified mail to Epicor, c/o Contract Administration, or to Customer at the respective address set forth in this Agreement and shall be effective when received. d. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. e. Entire Agreement. This Agreement contains the full and exclusive statement of the parties with respect to the subject matter and supersedes all previous communications and negotiations, written and oral, between the parties. f. Severability. If any provision of this Agreement is held to be invalid, such provision shall be deleted from the Agreement and the remaining provisions shall remain in full force and effect. g. No Waiver. No waiver or modification of any of the provisions of this Agreement shall be binding unless made in writing and signed, by the waiving party if a waiver, and both parties if a modification. h. Purchase Orders. The terms and conditions of Customer's purchase order(s), if any, whether issued before or after this Agreement is signed, shall not be binding between the parties. i. Legal Proceedings/Collection Costs. In the event of any legal proceeding between the parties to enforce any rights arising out of or relating to this Agreement, the prevailing party in such legal proceeding shall be entitled to recover its reasonable costs and attorneys' fees. Each party agrees to pay any reasonable collection costs that the other party incurs. ACCEPTED AND AGREED TO BY: Epicor Software Corporation Customer Signature Signature Name Printed Name Title Title Date Date Grand Island Council Session - Updated - 8/26/2014 Page 365 / 463 Human Resources HRIS HUMAN RESOURCES INFORMATION SYSTEM Grand Island Council Session - Updated - 8/26/2014 Page 366 / 463 Human Resources HRIS What is a human resources information system? HRIS is a software or online solution for the data entry, data tracking, and data information needs of the human resources, payroll, management, and accounting functions within a business. Grand Island Council Session - Updated - 8/26/2014 Page 367 / 463 Human Resources HRIS Why does the City need an HRIS solution? 1.Information protection – there is currently no back -up for the City’s personnel records. 2.Information access – managers and employees would have access to appropriate information at their fingertips. 3.Management tool – Managers will be able to access information that may be critical to help them connect their efforts in meeting strategic objectives. Grand Island Council Session - Updated - 8/26/2014 Page 368 / 463 Human Resources Information Protection Pilger, NE Clerk’s Office June 17, 2014 Source: Omaha.com Downtown Fire July 13, 2014 Source: theindependent.com Grand Island Council Session - Updated - 8/26/2014 Page 369 / 463 Human Resources Information Access & Management Tool Why is this important? *succession planning *employee development *maximizing talent pool *compliance Managers and supervisors will have access to information about *employment history *education & certifications *performance *attendance *reports Grand Island Council Session - Updated - 8/26/2014 Page 370 / 463 Human Resources Global Employee Records Absence Tracking Benefits Administration Recruitment Management Salary Administration and Planning Competency Administration Manager Self Service Reporting and Analysis Configuration Tools Grand Island Council Session - Updated - 8/26/2014 Page 371 / 463 Human Resources HRIS Initial Cost: Budget year 2013/2014 License Fees - $32,712 (one time fee) Annual Maintenance Fee - $13,352 Monthly Hosting Fee - $1000 $32,712 +$13,352 +$1,000 $47,064 Grand Island Council Session - Updated - 8/26/2014 Page 372 / 463 Human Resources Additional Costs: Budget Year 2014/2015 Up to but not to exceed 369 hours of implementation services @ $150 per hour ($55,350). $1,200 project control center set-up fee. Implementation schedule: 3 – 4 months Grand Island Council Session - Updated - 8/26/2014 Page 373 / 463 Human Resources Annual Ongoing Costs: Maintenance and Hosting Fees $25,352 Grand Island Council Session - Updated - 8/26/2014 Page 374 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney RESOLUTION 2014-251 WHEREAS, the City employs and is required to maintain employment records for its employees; and WHEREAS; the City Human Resources Department advertised a Request for Proposals to find a vendor to provide HRIS software; and WHEREAS, a committee comprised of members from the Public Works, Finance, Police and Human Resources Departments reviewed proposals and chose a qualified vendor; and WHEREAS, the vendor selected is EPICOR headquartered in Austin, Texas; and WHEREAS, the costs for the HRIS will be $32,712 for the software license fees, $13, 352 for annual maintenance fees, $1,000 monthly hosting fees and $150 per hour for professional services for implementation, not to exceed $55,350 and $1,200 for a fixed fee for project control center set up; and WHEREAS, the hosting fees are guaranteed for a period of five years. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the contract with EPICOR to provide HRIS software and services is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 375 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-4 #2014-252 - Consideration of Approving Contract with Tele-Works Inc. for Interactive Voice Response and Alertworks Calling Systems Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - Updated - 8/26/2014 Page 376 / 463 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:August 26, 2014 Subject:Approving Contract with Tele-Works Inc. for Interactive Voice Response (IVR) Alertworks Calling Systems Item #s:I-4 Presenter(s):Jaye Monter, Finance Director Background On July 9, 2013, Council approved resolution 2013-277 to replace the City’s current 34 year old utility billing and customer information system. Tele-Works Inc. (TWI), the provider named in the contract with N. Harris Computer Corporation, provides the Infinity.Teleconnect hosted IVR supporting the Alertworks Calling System. One component unit not added at the time of the new utility billing system contract was the addition of an Interactive Voice Response (IVR) system which enables the ability to automate inbound and outbound calls with customers. System automation of inbound calls will allow customers to make payments to a utility account via an automated interactive voice response (IVR) system in English or Spanish with a credit card or bank account. Outbound calls will provide automation of notices to customers regarding past due accounts or notices such as a service interruptions. Discussion Currently, customers can make credit card payments over the phone with a customer service representative between the hours of 8:00-5:00 and also in person during those office hours. The process of taking credit card and bank account information over the phone is extremely less secure for the customer along with an increased risk for potential errors and noncompliance of credit card and bank information polies for the City. Along with the extensive time it takes for the customer service representatives to take these payments over the phone, the cost of the IVR system will bring better efficiencies to our customer service representative employees and improved security and convenience for our customers. Grand Island Council Session - Updated - 8/26/2014 Page 377 / 463 In addition payments through the IVR alertworks calling system will enable customers to make utility payments 24/7, seven days a week, 365 days a year. The TWI Infinity.Teleconnect IVR system will not only allow customers to make payments more quickly when calling in, but it will also provide the City Of Grand Island customers with several additional time saving features. These are: 1.Customers can hear account balance or payment history, and make payments by credit card or eCheck 2.24/7 self-service for making payment, account access and an automated Frequently Asked Question (FAQ) 3.Real time interface with the new AUS billing system to show customer payments 4.Ability to make payments in English or in Spanish The implementation of the IVR system will result in a significant direct time savings for Finance Department customer service representative staff. The TWI system also includes an outbound calling product call Alertworks. This sytem will provide numerous features to the Customer Service staff as well. These features are: 1.Send courtesy call reminders to overdue customers with convenient Press-2-to- Pay option. This Press-2-to-Pay option will allow customers to immediately initiate payment for their overdue account. TWI history shows businesses will typically capture payments from 50% customers who are past due. 2.Send other time critical call-outs (e.g., service interruption) 3.All calls via the Alertworks system are logged regarding the length of the call, if the call was answered and how the call was answered (person or voicemail). 4.The system allows messages to be set with high priority status. This means that all recipients on the calling list will receive the message within 90 minutes. The system requires the purchase of minutes for outbound calls. These minutes never expire and the initial proposal based upon the number of current City Of Grand Island customers include purchasing enough minutes for 1-2 years, but will greatly vary depending on how much Alertworks outbound calling is utilized. Initial and recurring cost for the Infinity.Teleconnect IVR and Hosted Alertworks system is broken down as follows: Product or Service One-Time Fee Annual Fee Hosted Inbound Infinity.Teleconnect IVR $ 10,000 $ 20,300 Hosted alertworks N/A $ 4,375 Harris Advanced Utility Systems AP and maintenance $ 5,000 $ 1,000 Initial purchase of 21,000 minutes that do not expire $ 3,780 N/A Totals $ 18,780 $ 25,675 Grand Island Council Session - Updated - 8/26/2014 Page 378 / 463 Year 1 Total $ 44,455 Subsequent Years Annual Fees $ 25,675 Alternative It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the change order Resolution 2014-252 as presented. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approves the change order Resolution 2014-252 for the contract for the IVR system provided by TWI. Sample Motion Move to approve the contract with TWI for the IVR and Alertworks system. Grand Island Council Session - Updated - 8/26/2014 Page 379 / 463 STATEMENT OF WORK SOW No. 8194 Project: Hosted Infinity.Teleconnect IVR and Hosted alertworks Date: July 28, 2014 This Statement of Work (“SOW” / “Contract” / “Agreement”) is made by and between Tele-Works, Incorporated (“TWI”), a Virginia corporation, and Grand Island, NE (“Client” or “Agency” or “City”). This SOW and any other documents referenced herein constitute the full Agreement between the parties per the terms and conditions contained herein. CONTACT INFORMATION Agency: Grand Island, NE Account Manager: Erik Amelink Contact: Monica Moctezuma Phone: (540) 951-6463 PRICE QUOTATION PRICING IS VALID FOR 180 DAYS. Product or Service One-Time Fee Annual Fee Hosted Inbound Infinity.Teleconnect IVR* $10,000 $20,300 Hosted alertworks (requires purchase of prepaid minute package: 21,000 minutes=$3,780**) n/a $4,375 Harris Advanced Utility Systems API plus the first year of annual maintenance (20%) ^ $5,000 $1,000 Totals $15,000 $25,675 Notes: * Requires use of TWI Payment Processing Services. Contact your account Manager with questions. **Prepaid Minutes Package: alertworks outbound calling minutes are purchased in advance; prepaid minutes packages are refilled automatically when the balance falls to zero; prepaid minutes never expire (see alertworks terms and conditions below) as long as the Agency maintains an active Annual Subscription. Cost of initial package is included in Purchase Order Total below. ^TWI will invoice for the API fee on behalf of Harris Computer Systems and will directly pass through 100% of these fees to Harris. Following Year 1, annual maintenance on the Advanced Utility Systems API will be billed by Harris according to the terms in the applicable contract between Harris and the Agency. Purchase Order Total: $44,455 DESCRIPTION OF PRODUCTS AND SERVICES TWI will provide the Agency with the following products and services under this SOW: Hosted AUS Infinity.Teleconnect IVR The Infinity.Teleconnect IVR application will integrate with the Agency’s Advanced Utility Systems (AUS) database via an AUS Web Services Application Program Interface (API) written for Infinity.Teleconnect, which will be obtained by the Agency. The API must be installed on a Web server within the Agency’s data center and connected to the Agency’s Database. The Web services API must be accessible to TWI’s hosted platform through the Internet. Harris AUS is responsible for the Agency’s Infinity.Teleconnect API installation and maintenance. Infinity.Teleconnect allows Agency customers to obtain general utility account status and balance information and, optionally, to make a payment on their account. Users log in by providing their utility account number with optional validation using the street number of the service address. Infinity.Teleconnect customers can to be transferred to the Agency’s customer service number by explicit request or if it becomes evident that the user is having difficulty with the IVR. Users also have the option to provide a missing or update an existing primary contact phone number. The Agency’s phone system will handle any after-hours conditions (no other types of call transfers are provided by Infinity.Teleconnect). The Infinity.Teleconnect application is available in English or Spanish. Infinity.Teleconnect allows users to make a payment on their account by credit card or check and receive an Infinity.Teleconnect generated confirmation number. The Agency will be provided with a log of all payments accessible through a Web-based administration tool. The Agency will be responsible for obtaining and maintaining a TWI approved Internet payment gateway to facilitate real-time authorizations for credit cards and to facilitate the processing of check payments. Upon contract execution, TWI’s project team will inform the Agency of deliverables and project milestones with a view to establishing mutual timeline expectations. The annual subscription provides access to TWI Customer Care 24/7/365 support for the purposes of ongoing support and assistance as well as access to new features as they are released. Working in concert with alertworks (outbound phone notifications) the Agency can enable an outbound message to include an option for call recipients to press 2 to make a payment. If selected, alertworks will automatically begin the inbound call flow experience at the main menu, using the account number in the contact source file to bypass the account number login. The user is then given the payment options offered by the Agency. (If no account number information is present, the call will be defaulted to the account number entry prompt). The duration of the “Press 2 to Pay” call will be counted as outbound minute usage. Grand Island Council Session - Updated - 8/26/2014 Page 380 / 463 Alertworks ™ Outbound Notification System Alertworks™ provides tools for the Agency to rapidly deliver messages via telephone, email and SMS text messaging. Alertworks is used by Agency departments to cost-effectively deliver outbound calls and emails for past due bills, service impacting notices, or any business process that could benefit from a proactive customer alert. Standard alertworks Features:  Web-Based Campaign Control – An easy-to-use web interface is used for creating and managing outbound phone and e-mail notifications.  Voice, email, SMS – Send notifications by phone/voice, email, and text message; email broadcasts relayed through Agency’s SMTP server.  Contact Sources – ability to import contact information from multiple contact sources, with user friendly field mapping interface.  Scheduling – Notifications can be scheduled in advance to run at a set time (e.g., reminder call-outs could be set to run in the evening when people are home from work).  Retry Attempts / Voice Mail / Alternate Content – The system includes multiple configuration settings that the Agency can use depending on the result of the call; these include setting the number of retry attempts, detecting voice mail, leaving a message, and leaving an alternate message for voice mail.  Message Content – Message content can be created and delivered with recorded voice (WAV) or by typing in a message and allowing the text-to-speech (TTS) engine read the message to the call recipient.  Customer-Specific Merge Values – Voice and email messages can be delivered with customer specific data “merged” into the message for read back via TTS,  Reporting – Alertworks provides comprehensive reporting on the results of call out attempts, including the final disposition of each call that was placed (e.g. delivered to human, voicemail, busy, etc.). Additionally, if using the call retry feature, a record of each call attempt is kept. A report of each call campaign can be exported to a Microsoft Excel spreadsheet that includes all of the information imported in the contact list which can simplify updating source databases.  Advanced Voicemail Detection – TWI uses the latest algorithms that allow for more accurate detection of voicemail and answering machine systems. While industry standard detection rates hover around 72% accuracy, TWI’s accuracy has reached 90+% in benchmark testing.  Press-2-to-Pay – Call recipients can “Press 2” from the outbound call to enter the IVR system to make a payment directly from the outbound call. This feature is designed to drive more payments by making it easier on customers to make a payment by entering the inbound call flow at the payment step, thus avoiding log-in requirement and the need to have their account number on hand. TERMS AND CONDITIONS Cover Page and Terms and Conditions: Issuance of a purchase order / notice-to-proceed based on this Statement of Work (SOW) represents agreement to the terms and conditions of this SOW. Complete Agreement. This SOW constitutes the complete agreement and terms and conditions relative to the products and services described herein. Term / Contract Commitment. By agreeing to the terms of this SOW, the Agency is making a 12-month commitment to the TWI hosted services and payment for those services as they are defined in this SOW. The Agency may terminate the contract prior to the end of the 12-month commitment period, or any subsequent annual term, but will not be entitled to any refunds for unused products or services. After the first year, either party may terminate this Agreement at any time upon thirty (30) days prior written notice to the other party. Payment Terms. The Agency will pay the fees listed in this SOW as follows (this SOW may not include all types of fees referenced). TWI Terms are NET 30.  TWI invoices for 100% of the following at the Notice-to-Proceed unless terms defined in the price quotation state otherwise: One-Time Set-up Fees, First Year’s Subscription Fees, and alertworks First Prepaid Minutes Package.  TWI invoices for alertworks SMS Text Messages monthly for the total number of transactions processed in that month. The rate for messages is $.07/transaction.  TWI invoices for subsequent Annual Subscription Fees each year prior to the start of the Annual Term.  TWI invoices for alertworks Minute Packages at the time a new Package is refilled.  Annual Fee Adjustment: Following the first year, all annual fees described in this SOW will be increased by 3% each year.  Additional Services: If Agency requests any professional services from TWI in order to deploy Agency services or applications, including but not limited to, application development and enhanced support services, TWI will provide any such additional professional services at its standard rates (currently $175/hour). Delivery of Services. TWI shall provide its Products and Services as specified in this SOW to Client, subject to the terms and conditions set forth herein and in the SOW. Client understands that the timely completion of the project is contingent upon timely performance by Client of all of Client’s obligations described in this SOW. In the event that progress on the project is slowed or halted due to a delay by Client, project schedules including milestones and deadlines may be delayed at TWI discretion. TWI shall not be liable for any delays or failure to perform resulting from Client’s failure to timely provide any information, content or other deliverables necessary to provide the Products and Services to Client. Client also accepts that availability of features outlined above may be limited or delayed by the functionality available through the APIs. Copyright. The Software is owned by TWI and is protected by United States copyright laws and applicable international treaties and/or conventions. The Licensed Software, and any and all modifications and improvements thereto and derivative works thereof, shall remain the exclusive property of TWI, and Agency shall have no right, title or interest therein whatsoever. Grand Island Council Session - Updated - 8/26/2014 Page 381 / 463 Intellectual Property. All right, title, and interest, including all intellectual property rights in the Products and Services and any associated hardware and software of TWI or its licensors, and any updates, upgrades or modifications thereof, or in any ideas, know- how, and programs developed by TWI or its licensors during the course of performance of this Agreement shall remain the property of TWI or its licensors. All right, title, and interest in any content communicated via TWI infrastructure through use of the Products and Services shall remain the sole property of Agency. Without the prior express written consent of TWI, Agency may not, and shall not allow any third party (by license agreement or otherwise), to (a) take any action that would cause the loss or abandonment of TWI proprietary rights in the Licensed Software; (b) use in connection with a service bureau service, resell, distribute, publicly display, transfer, rent, lease, lend, copy, modify, translate, enhance, time-share, license, sublicense, electronically transmit or prepare derivative works of the Licensed Software, in whole or in part; (c) disassemble, decompile or reverse engineer in any way, any of the Licensed Software; or (d) otherwise use in any way the Licensed Software in any manner not expressly authorized by this Agreement. With respect to any Hosted Subscriber Services contracted by Agency, Agency will be responsible for, and shall pay any applicable fees associated with, any unauthorized use by Agency or Agency’s end-users of the Hosted Subscriber Services, telephone numbers assigned to Agency, and Agency’s account. In the event Agency becomes aware of such unauthorized use, Agency shall promptly notify TWI. Outbound Notifications Terms and Conditions  Minutes Usage: A call of thirty (30) seconds or less will be billed the same as a call of thirty (30) seconds. After the first thirty (30) seconds, calls will be billed in six (6) second increments. All call costs are rounded up to the nearest cent. There is no charge for calls that do not connect.  Standard and High-Volume Call-Out Capacity: The Client can make call-outs using either of two call-out capacities. Standard Capacity provides the ability to place approximately 12 simultaneous calls; High-Volume Capacity provides the ability to place hundreds of calls simultaneously.  High-Volume Call-Out Capacity Surcharge: When using High-Volume Capacity Call-Out, Outbound Call Minutes are used up at a 50% higher rate than during Standard Capacity Call-Outs. For example, a 60 second high-volume outbound call would use 90 seconds of Outbound Call Minutes.  SMS Transactions: An SMS transaction represents each text message that is sent or received through the TWI SMS Gateway. TWI charges for each transaction processed at the rate defined in this SOW.  SMS Response Messaging: TWI counts each message received, including responses, as a transaction.  SMS Message Length: A standard text message is limited to 160 characters (including letters, numbers, spaces, symbols, and punctuation). Alertworks will automatically break up the message and send it in separate messages. Each message sent will count as a transaction.  SMS Message Delivery: TWI cannot guarantee the delivery of every text message. Deliverability and response times are dependent upon the carrier and their network.  SMS Supported “Response” Messages: An end user can opt-out by replying with the text message, “STOP.” This will block the number from receiving future messages. The user may text back “RESUME” to unblock the number. The automatic STOP and RESUME feature is not optional nor are the responses case sensitive. Alertworks will post response messages up to 5 days from the time the recipient receives the message.  SMS Client Responsibilities: The Client is responsible for ensuring that approval to send text messages to intended recipients has been obtained; for the quality and appropriateness of the phone numbers used in its broadcast events; and for appropriately maintaining information regarding opt-ins and cancellations. The Client is responsible for ensuring that all text messages are sent in accordance with applicable federal and state laws, rules, and regulations and in accordance with best practices according to guidelines such as those of the Mobile Marketing Association. Support for Hosted Subscriber Services: During the Term, TWI shall be responsible for providing support to Agency with regard to the Hosted Subscriber Services according to TWI’s prevailing Product and Services Support Policy. Agency shall be responsible for providing support to its end users with regard to the Hosted Subscriber Services. TWI reserves the right to discontinue provision of support and maintenance on Products and Services according to the termination clause in this Agreement. Client Responsibilities: Client is responsible for assigning resources to the effort with TWI and ensuring they are generally available to interact with TWI project resources as necessary throughout the life of the project. Additionally, Client is responsible for making available or collaborating with TWI in identifying the appropriate Application Programming Interface (API) or other method of integrating to/communicating with the Client’s customer database. Network Traffic. Agency acknowledges that TWI is providing a hosted service, which means that Agency content and data will pass through hosted TWI servers that are not segregated or in a separate physical location from servers on which the content of other third parties is or will be transmitted or stored. Content. Agency is and shall be solely responsible for the creation, editorial content, control, and all other aspects of content. Agency represents and warrants that it has obtained (or will obtain, prior to transmission) all authorizations and permissions required to use and transmit the content over the TWI Hosted Platform as part of the Hosted Subscriber Services. No Harmful Code. Agency represents and warrants to TWI and its suppliers that no content shall be knowingly transmitted by Agency or end users through the TWI Hosted Platform containing any program, routine or device which is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, including without limitation, any ‘time bomb’, virus, drop dead device, malicious logic, worm, Trojan horse or trap or back door (collectively, “Harmful Code”). Lawful Purposes. Agency agrees that it will use TWI Products and Services only for lawful purposes and in accordance with this Agreement. Agency shall comply with all applicable laws and regulations when using the Products and Services, including without limitation, compliance with applicable international export and privacy laws, privacy policies of Agency and third parties and other laws regarding the transfer and/or transmission of data. Grand Island Council Session - Updated - 8/26/2014 Page 382 / 463 Prohibited Uses. TWI hosted IVR cannot be used to “front end” calls to the Agency’s live agent queue or call group. The Agency must direct its customers to TWI’s IVR by routing callers through the Agency’s phone system auto-attendant and presenting the IVR as a choice. The auto-attendant should clearly inform those choosing the IVR option that they will encounter an automated phone experience and not directly speak to a live representative. Agency will be responsible for, and shall pay any applicable fees associated with, any unauthorized use, including but not limited to the aforementioned “front ending” of the Agency phone system, by Agency or Agency’s end-users of the Hosted Subscriber Services, telephone numbers assigned to Agency, and Agency’s account. In the event Agency becomes aware of such unauthorized use, Agency shall promptly notify TWI, TWI will issue to Agency, at Agency’s request and expense, replacement telephone number(s) for use with the Hosted Subscriber Services. Critical Applications. Agency acknowledges and agrees that the Products and Services are not designed, intended, authorized or warranted to be suitable for hosting life-support applications or other critical applications where the failure or potential failure of the Products and Services can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support systems, delays in getting medical care or other emergency services, and Agency assumes all risk arising out of such use and shall indemnify Tele-Works, Inc. and its suppliers for damages and expenses (including legal fees) arising out of same. Emergency uses. If the products and services are used in emergency situations for outbound notifications, then the products and services are intended to only increase the notice which will be given. There is and cannot be any guarantee that all persons intended to be contacted will be contacted. Tele-Works, Inc. accepts no responsibility for any failure of the products and services to contact any person(s) and is not responsible for any damage or injury which results from any failure to contact anyone. Agency Maintenance. Agency is responsible for, and Tele-Works, Inc. is not liable for Agency’s failure in, (a) housing items received from TWI, including but not limited to the Hardware and the Licensed Software, in a safe and stable environment that is out of the way of foot or machinery traffic, suitable for electronic equipment and within a secure network environment; (b) properly configuring, developing, programming, hosting and operating its hardware, software, web sites, content and all applications, and their respective telephone and Internet connections, to allow necessary access to and use of the TWI Hosted Platform and Hosted Subscriber Services in accordance with the documentation provided by TWI and all applicable protocols and requirements of the TWI Hosted Platform; and (c) providing any connections necessary to communicate with the TWI-provided Hardware, Software, and/or Hosted Platform. Agency is responsible for all standard maintenance and licensing for the application web server and/or telephony server including, but not limited to, data archival and backup, service packs, security patches and updates and domain registration. Agency will license and install anti-virus software and periodically update virus definitions to assure that the Licensed Software and Hardware are protected from viruses that could be contracted from any source including, but not limited to, the local network, the Internet, email, physical disk or data exchange. Force Majeure. Except for Agency’s obligations to pay money, neither party shall be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, earthquakes, strikes, war, crime, terrorism, shortages of materials, internet, power or telecommunications failures, or computer equipment or software problems not caused by the party’s gross negligence. LIMITATION OF LIABILITY. IN NO EVENT SHALL TELE-WORKS, INC. LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF FEES PAID BY AGENCY FOR THE PRODUCTS AND SERVICES GIVING RISE TO THE LIABILITY DURING THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. TELE-WORKS, INC. SHALL HAVE NO LIABILITY FOR UNFINISHED PROJECTS WHERE NO COMPLETE PRODUCTS AND SERVICES HAVE BEEN DELIVERED. DISCLAIMER. TELE-WORKS, INC. DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES SHALL MEET ALL OF AGENCY’S REQUIREMENTS, OR THAT THE USE OF THE PRODUCTS AND SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. PRODUCT AND SERVICES ARE PROVIDED TO AGENCY ON AN “AS IS” BASIS. TELE-WORKS, INC. MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATING TO THE PRODUCTS AND SERVICES OR ANY OTHER MATERIALS OR SERVICES FURNISHED OR PROVIDED TO AGENCY UNDER THIS AGREEMENT. TELE-WORKS, INC. SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT. Grand Island Council Session - Updated - 8/26/2014 Page 383 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 384 / 463 Infinity.Teleconnect –Advanced IVR powered by Tele-Works Infinity.Teleconnect IVR Infinity.Teleconnect is the product of a collaborative partnership between Advanced and Tele-Works, so you are assured of a smooth, proven integration for your CIS Infinity database. Partners in InnovationHosted and On-Premise IVR for Utilities ™Infinity.Teleconnect interactive voice response provides your customers with convenient self-service options through their touch-tone phone. Customers may access their account information for balance inquiries or to make payments. Also multiple language options are available, allowing you to provide automated account access for all your customers. Infinity.Teleconnect helps to streamline revenue collection, and with our notification feature you can make proactive past-due reminder call-outs to delinquent accounts. This final reminder gives customers an option to pay prior to having their service disconnected, and customers even have the option to “press 2” to enter the IVR system and make a payment while on the call. This is a powerful tool to keep customers informed at a very low cost to the utility. Infinity.Teleconnect ties directly to your utility database, which means staff and customers are always accessing the most current account information. Even at the cashier's desk, payments are logged directly to your database with no manual steps. 1080 South Main Street Blacksburg, VA 24060 (540) 953-2631 (800) 296-2631 www.tele-works.com info@tele-works.com Customers can hear account balance and payment history, 3 and make payments by credit card or eCheck 24/7 self-service account access and automated FAQ 3 Send courtesy call reminders to overdue customers with 3 convenient Press-2-to-Pay option Send other time critical call-outs (e.g., boil alert or service 3 interruption) Choose real-time or batch integration 3 Choose hosted or on-site IVR 3 Features Ensures customers are informed and satisfied with 3 proactive outbound notifications Reduce past due accounts and shutoffs by 30-70% 3 Handle more questions, take more payments, reach 3 out to more customers – without adding staff See a full return-on-investment in less than 12 months! 3 Benefits Tele-Works is the leading provider of IVR products for utility and local government markets. Since 1986, Tele-Works has worked to make IVR affordable for all size utilities. It's 10 p.m. Are you still serving your customers? Grand Island Council Session - Updated - 8/26/2014 Page 385 / 463 Keeping Everyone Informed Streamline revenue collection while simultaneously keeping your customers informed. AlertworksTM is a multipurpose outbound notification system that allows you to communicate with your customers quickly and easily. Utilities and other government departments can use alertworksTM to send all types of notifications by phone and email; you can customize messags however you wish. AlertworksTM helps utilities improve collections while delivering better customer service. Proactive reminder call-outs made to past-due accounts give customers a final chance to pay before getting disconnected. Customers even have the option to “press 2” to enter an automated payment system (IVR) to make a payment while on the call. These reminder calls are proven to reduce shut-offs due to delinquency by 30-70%. “Since we did the past due reminder call-outs last week to 296 customers, we only have 56 on our lock list today, which compares to 112 last month. Outbound IVR cut our shut-offs 50%.” Vikki Blackman, Customer Service Manville Water Supply Corp., TX Features + Deliver all types of notifications by phone or email + Make courtesy calls to past-due customers reminding them to pay + Convenient Press-2-to-Pay option allows customer to make a payment directly from the outbound call + Insert customer specific information (e.g. name, amount due, service address) into messages and improve responsiveness + Make high-volume call-outs to thousands of customers in minutes (e.g. boil alerts, weather notices) + Messages can be made using text-to-speech or recorded voice + Manage call schedule, retry attempts, call capacity, and caller ID + Advanced voicemail detection system + Comprehensive call reporting module with complete call disposition (post call results back into your CIS database) AlertworksTM is in use at more than 50 utilities across North America. Contact Tele-Works to learn more about how alertworksTM can alleviate pressure on staff at a very low cost to your utility. . ..1080 South Main Street Blacksburg, VA 24060 (540) 953-2631 (800) 296-2631 www.tele-works.cominfo@tele-works.com Tele-Works delivers industry leading interactive voice response (IVR) and eGovernment products to utilities and local governments throughout North America. Our products help keep citizens informed and local governments moving forward. alertworksTM Outbound Notification System for Utilities and Municipalities Grand Island Council Session - Updated - 8/26/2014 Page 386 / 463 FeaturesReal‐time IVR interface with CIS Infinity24/7 customer self‐service accessHear account balances and payment historyPay bills by credit card or eCheckGet answers to common questionsAdditional FeaturesSystem‐wide messagesNSF –non sufficient funds (disallow payment or credit card only)Account status (e.g., scheduled for disconnect, inactive)Capture customer phone numbersConsumption historyCTI/Screen popEnglish and Spanish call flowsInfinity.Teleconnect™Utility Billing IVRInfinity.Teleconnect™–Collaborative IVR solution from TWI and AdvancedAvailable as a hosted or on‐premise solution.Grand IslandCouncil Session - Updated - 8/26/2014Page 387 / 463 Features:Manage multiple call campaignsDeliver customer‐specific messages with data from your CIS Infinity database“Press‐2‐to‐Pay” to enter Infinity.Teleconnect™and make paymentHigh volume callouts, email, and text alertsRecorded voice or text‐to‐speechBenefits:Proactive notifications ensure customers are informed and satisfiedReduce delinquencies and shutoffs by 30‐70%IVR pays for itself in only a few months!Voice Broadcast –Automated Outbound CallingAutomatically call thousands of customers in minutesExamples:Past‐due courtesy callsService interruptionsBoil alertsWeather alertsWater restriction noticesAvailable as a hosted or on‐premise solution.Grand IslandCouncil Session - Updated - 8/26/2014Page 388 / 463 IVR Call Reminder5 Days -Cut off service / DisconnectIVR Taking PaymentsBill Due DatePast Due LetterNext Billing Cycle Bill5 days –Door HangerWhen to use IVRGrand IslandCouncil Session - Updated - 8/26/2014Page 389 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-252 WHEREAS, On July 3, 2013, by Resolution No. 2013-277, City Council awarded the utility billing, collection and customer information system to Advance Utility systems and the CIS Infinity software solution, a division of N. Harris Computer Corporation of Toronto, Ontario, Canada, in the amount of $932,500; and WHEREAS, Tele-Works Inc. is the vendor for an interactive voice response system named in the contract with Advanced Utility Systems; and WHEREAS, Tele-Works Inc. was originally listed at a TBD price; and WHEREAS, the price for Infinity.Teleconnect, an interactive voice response and interface to CIS, hosted IVR, from Tele-Works Inc. has been agreed upon in the amount of $44,455; and WHEREAS, it has been determined that this modification is necessary to proceed with this project, which have been incorporated into this project Change Order No. 1; and WHEREAS, the result of such modification will increase the estimated total project cost amount by $44,455 for a total project cost of $976,955; and WHEREAS, the City will need to execute a separate agreement with Tele-Works Inc. for this interactive voice response system; and WHEREAS, the cost of this agreement with Tele-Works Inc., is a one-time fee of $18,780 and recurring annual fees of $25,675, for a total year one cost of $44,455. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that authorization to proceed with the increased scope described in Change Order No. 1 with Tele-Works Inc. for the interactive voice response system with a one-time fee of $18,780 and recurring annual fees of $25,675, for a total year one cost of $44,455. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Change Order No. 1, utility billing, collection and customer information system project, on behalf of the City of Grand Island. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the contract with Tele-Works Inc. for the interactive voice response system. - - - Grand Island Council Session - Updated - 8/26/2014 Page 390 / 463 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 391 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-5 #2014-253 - Consideration of Amendment to Redevelopment Plan for CRA Area 6 located at 620 West State Street This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Chad Nabity Grand Island Council Session - Updated - 8/26/2014 Page 392 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-253 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. 6 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 - Updated - 8/26/2014 Page 393 / 463 AWG Five Points – 620 W State St 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, 2016 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 - Updated - 8/26/2014 Page 394 / 463 AWG Five Points – 620 W State St 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, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 395 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-6 #2014-254 - Consideration of Amendment to Redevelopment Plan for CRA Area 9 located at 2228 N. Webb Road This item relates to the aforementioned Public Hearing item E-7. Staff Contact: Chad Nabity Grand Island Council Session - Updated - 8/26/2014 Page 396 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-254 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. 9 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, building rehabilitation, demolition, site preparation, utilities extensions, landscaping, concrete 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 - Updated - 8/26/2014 Page 397 / 463 - 2 - Grand Island Mall – 2228 N Webb Rd 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 9 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, 2016 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 - Updated - 8/26/2014 Page 398 / 463 - 3 - Grand Island Mall – 2228 N Webb Rd 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, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 399 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-7 #2014-255 - Consideration of Approving a Confirmation Resolution Declaring a Portion of the Grand Island Mall located at 2228 N. Webb Road an Enhanced Employment Area Eligible for the Imposition of an Occupation Tax Staff Contact: Chad Nabity Grand Island Council Session - Updated - 8/26/2014 Page 400 / 463 Council Agenda Memo From:Chad Nabity, AICP Meeting:August 26, 2014 Subject:Resolution Confirming Community Redevelopment Authority Declaration as an Enhanced Employment Area for property located at 2828 N. Webb Road Item #’s:I-7 Presenter(s):Chad Nabity, AICP CRA Director Background In April of 2012, the Grand Island City Council declared property referred to as CRA Area 9 as blighted and substandard and approved a generalized redevelopment plan for the property. On August 13, 2014 the Grand Island CRA declared a portion of the property (as shown on attached Exhibit A and described in the attached resolution) contained within CRA Area 9 an Enhance Employment Area (EEA) eligible for the imposition of an occupation tax to pay for costs associated with redevelopment of this property as allowed by the Community Redevelopment Statutes of the State of Nebraska. Tthe CRA has the authority to designate an area or portion of an area that has been declared blighted and substandard as an EEA. The property in the EEA is therefore eligible for the imposition of an occupation tax. The actual decision to impose an occupation tax must be made and approved by the City Council in the form of an ordinance. Since Council must ultimately agree to such a tax it makes sense to ask Council to confirm the declaration made by the CRA prior to negotiating the details of any occupation tax with the owner\developer and tenants within the area. Discussion At this time, Council is being asked to confirm the decision made by CRA at their August 13, 2014 meeting and pass the attached resolution declaring property described in Exhibit A an EEA. The owners of the property have requested that CRA and Council approve this area as an EEA. The stated intent of the owner/developer is to redevelop this property for retail uses as shown in the Site Specific Redevelopment Plan included with an application for Tax Grand Island Council Session - Updated - 8/26/2014 Page 401 / 463 Increment Financing (TIF). Based on the projected increase in valuation the TIF is expected to generate about $6.4 million. The TIF eligible expenses for this project are expected to exceed $13 million not including the acquisition of the property. Declaring this area an EEA would allow the City to impose an occupation tax that can be used to fund revenue bonds to cover the rest of the eligible redevelopment expenses. The developers have talked about asking for a sales tax on any and all items and services subject to a sales tax within the describe area of between 0.5% and 1.0%. The exact details and the imposition of the tax would occur at a later date through an agreement between the City Council. Declaration of this property as an EEA does not impose any additional taxes but does give authority to do so in the future and gives a clear indication to the developers of possible funding streams related to this project. 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 City Administration recommend that the Council approve the Resolution confirming this area as an Enhance Employment Area eligible for the imposition of an occupation tax. Sample Motion Move to approve the resolution as submitted. Grand Island Council Session - Updated - 8/26/2014 Page 402 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 403 / 463 Council Agenda Memo From:Chad Nabity, Regional Planning Director Meeting:July 29, 2014 Subject:Enhanced Employment Area Item #’s:S1 Presenter(s):Chad Nabity, Regional Planning Director Background What is an Enhance Employment Area as authorized by LB562? This bill allows for the designation of Enhanced Employment Areas (EEA). These areas can be up to 600 acres in size. Multiple EEA’s can be created within a city. The creation of the EEA allows the City to place an occupation tax on the businesses (potential businesses) within the boundaries of the EEA. Bonds can be issued to pay for public infrastructure (utilities, streets, storm sewer) in any EEA along with anything that tax increment financing money can be spent on and a variety of programming and enforcement expenses related to parking and promotions. The bonds are to be paid off using revenue from the occupation tax. The tax does not expire until such time as the bonds are paid off. When did it go into effect? LB 562 went into effect on September 1, 2007. Portions were modified in 2014 by LB 474 to specifically exclude certain transactions already subject to taxes under specific section of state statutes. The current statutory references are attached. Discussion What are the requirements to create an EEA? The Community Redevelopment Authority can designate any approved redevelopment area or portion of a redevelopment area as an EEA. Grand Island Council Session - Updated - 8/26/2014 Page 404 / 463 In Grand Island, the City Council can declare areas not with a redevelopment area as an EEA if a developer can assure Council that the creation of this EEA would result in the creation of at least 15 new full time equivalent jobs and investment of at least $1,000,000 new monies. This requirement is adjusted based on the population of the county in which community is located. All of the owners and businesses within the area have to agree to the occupation tax or it cannot be assessed. The proceeds from this tax must then be used to pay off bonds issued for specific purposes as detailed in statute. Any development that is in a designated redevelopment area or meets the employment and investment requirements is eligible to use this tool if the EEA is approved. What if the EEA is also an area that is blighted and substandard? An EEA can be created in an area that has been declared blighted and substandard and used in addition to TIF to fund projects. What type of occupation tax can be assessed? The legislature left this very wide open. For example, this could be an extra one half cent tax on all retail transactions. The indications are that this would not scare off major retailers. It could be 50 cents per seat on theater admissions. It could be based on square footage of the development or on the number of parking spaces. If this were to be used in a manufacturing setting it could be an add on fee of $1.00 per widget made and transported from the property. The developer and businesses in the EEA have to be involved in determining how the tax will be levied as they have to unanimously agree to the imposition of the tax by the City. Who collects the occupation tax? The City passes an ordinance enacting the tax and the City would be responsible for collecting the tax. The legislation allows the City to recoup the cost of this activity. After the original passage of the LB 562, a meeting was held by the Nebraska League of Municipalities to discuss implementation of this and the Cities represented at meeting suggested that the rates be set at 5% of for collection on the first $1,000,000 of debt and 3% for everything over $1,000,000. This would mean that if $1,000,000 of debt were issued the City would send $95 of every $100 to the bond holder when the money is collected. If $2,000,000 of debt were issued the city would send $96 of every $100 collected or would keep a weighted percentage of 4% the average of 3% and 5%. The more debt that is issued the closer the administrative fee would come to approaching 3%. Are these general obligation bonds of the City? Grand Island Council Session - Updated - 8/26/2014 Page 405 / 463 They are revenue bonds based on the occupation tax. They can however be backed by the full faith and credit of the City if the City chooses to do so. That is not a requirement. If they are not backed by the full faith and credit of the City they would not count as City issued debt. How would these bonds work? The bonds can be sold at a general issue just like any other bonds. The developer may also choose to forego the general issue and purchase the bonds directly. The developer may or may not borrow money from a bank using the bonds as collateral. As the tax is collected the bonds are retired and the loan is also paid off. What advantage does this give the City? The City does not have to foot the bill for the cost of development and gives developers more tools for creating development within the City. What advantage does this give the developer? The developer does not need as much money up front to get the development going. Those businesses that are made possible by the new infrastructure will pay for the costs of the infrastructure. Who loses if the occupation tax is not paid the bonds are not retired? The bond holder or the bank that loaned money with those bonds as collateral loses in that case. The City still has the infrastructure around the developed site. Conclusion It is anticipated that the owners of properties along the 281 Corridor including the Grand Island Mall and vacant K-Mart building may wish to consider asking the City Council to approve the use of this tool to further redevelopment efforts on those properties. This item is presented to the City Council in a Study Session to allow for any questions to be answered and to create a greater understanding of the issue at hand. Grand Island Council Session - Updated - 8/26/2014 Page 406 / 463 Statutory References: 18-2103. Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (1) An authority means any community redevelopment authority created pursuant to section 18-2102.01 and a city or village which has created a community development agency pursuant to the provisions of section 18-2101.01 and does not include a limited community redevelopment authority; (2) Limited community redevelopment authority means a community redevelopment authority created pursuant to section 18-2102.01 having only one single specific limited pilot project authorized; (3) City means any city or incorporated village in the state; (4) Public body means the state or any municipality, county, township, board, commission, authority, district, or other political subdivision or public body of the state; (5) Governing body or local governing body means the city council, board of trustees, or other legislative body charged with governing the municipality; (6) Mayor means the mayor of the city or chairperson of the board of trustees of the village; (7) Clerk means the clerk of the city or village; (8) Federal government means the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America; (9) Area of operation means and includes the area within the corporate limits of the city and such land outside the city as may come within the purview of sections 18-2123 and 18-2123.01; (10) Substandard areas means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; Grand Island Council Session - Updated - 8/26/2014 Page 407 / 463 (11) Blighted area means an area, which (a) by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision; (12) Redevelopment project means any work or undertaking in one or more community redevelopment areas: (a) To acquire substandard and blighted areas or portions thereof, including lands, structures, or improvements the acquisition of which is necessary or incidental to the proper clearance, development, or redevelopment of such substandard and blighted areas; (b) to clear any such areas by demolition or removal of existing buildings, structures, streets, utilities, or other improvements thereon and to install, construct, or reconstruct streets, utilities, parks, playgrounds, public spaces, public parking facilities, sidewalks or moving sidewalks, convention and civic centers, bus stop shelters, lighting, benches or other similar furniture, trash receptacles, shelters, skywalks and pedestrian and vehicular overpasses and underpasses, and any other necessary public improvements essential to the preparation of sites for uses in accordance with a redevelopment plan; (c) to sell, lease, or otherwise make available land in such areas for residential, recreational, commercial, industrial, or other uses, including parking or other facilities functionally related or subordinate to such uses, or for public use or to retain such land for public use, in accordance with a redevelopment plan; and may also include the preparation of the redevelopment plan, the planning, survey, and other work incident to a redevelopment project and the preparation of all plans and arrangements for carrying out a redevelopment project; (d) to dispose of all real and personal property or any interest in such property, or assets, cash, or other funds held or used in connection with residential, recreational, commercial, industrial, or other uses, including parking or other Grand Island Council Session - Updated - 8/26/2014 Page 408 / 463 facilities functionally related or subordinate to such uses, or any public use specified in a redevelopment plan or project, except that such disposition shall be at its fair value for uses in accordance with the redevelopment plan; (e) to acquire real property in a community redevelopment area which, under the redevelopment plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitate the structures, and resell the property; and (f) to carry out plans for a program of voluntary or compulsory repair, rehabilitation, or demolition of buildings or other improvements in accordance with the redevelopment plan; (13) Redevelopment plan means a plan, as it exists from time to time for one or more community redevelopment areas, or for a redevelopment project, which (a) conforms to the general plan for the municipality as a whole and (b) is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the community redevelopment area, zoning and planning changes, if any, land uses, maximum densities, and building requirements; (14) Redeveloper means any person, partnership, or public or private corporation or agency which enters or proposes to enter into a redevelopment contract; (15) Redevelopment contract means a contract entered into between an authority and a redeveloper for the redevelopment of an area in conformity with a redevelopment plan; (16) Real property means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens; (17) Bonds means any bonds, including refunding bonds, notes, interim certificates, debentures, or other obligations issued pursuant to the Community Development Law except for bonds issued pursuant to section 18-2142.04; (18) Obligee means any bondholder, agent, or trustee for any bondholder, or lessor demising to any authority, established pursuant to section 18-2102.01, property used in connection with a redevelopment project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with such authority; (19) Person means any individual, firm, partnership, limited liability company, corporation, company, association, joint-stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof; (20) Community redevelopment area means a substandard and blighted area which the community redevelopment authority designates as appropriate for a renewal project; Grand Island Council Session - Updated - 8/26/2014 Page 409 / 463 (21) Redevelopment project valuation means the valuation for assessment of the taxable real property in a redevelopment project last certified for the year prior to the effective date of the provision authorized in section 18-2147; (22) Enhanced employment area means an area not exceeding six hundred acres (a) within a community redevelopment area which is designated by an authority as eligible for the imposition of an occupation tax or (b) not within a community redevelopment area as may be designated under section 18-2142.04; (23) Employee means a person employed at a business as a result of a redevelopment project; (24) Employer-provided health benefit means any item paid for by the employer in total or in part that aids in the cost of health care services, including, but not limited to, health insurance, health savings accounts, and employer reimbursement of health care costs; (25) Equivalent employees means the number of employees computed by (a) dividing the total hours to be paid in a year by (b) the product of forty times the number of weeks in a year; (26) Business means any private business located in an enhanced employment area; (27) New investment means the value of improvements to real estate made in an enhanced employment area by a developer or a business; (28) Number of new employees means the number of equivalent employees that are employed at a business as a result of the redevelopment project during a year that are in excess of the number of equivalent employees during the year immediately prior to the year that a redevelopment plan is adopted; and (29) Occupation tax means a tax imposed under section 18-2142.02. Source:Laws 1951, c. 224, § 3, p. 797; R.R.S.1943, § 14-1603; Laws 1957, c. 52, § 4, p. 249; Laws 1961, c. 61, § 3, p. 227; R.R.S.1943, § 19-2603; Laws 1965, c. 74, § 3, p. 303; Laws 1969, c. 106, § 2, p. 488; Laws 1973, LB 299, § 3; Laws 1979, LB 158, § 2; Laws 1980, LB 986, § 2; Laws 1984, LB 1084, § 2; Laws 1993, LB 121, § 143; Laws 1997, LB 875, § 5; Laws 2007, LB562, § 2; Laws 2012, LB729, § 1; Laws 2013, LB66, § 2; Laws 2014, LB1012, § 1. Effective Date: April 3, 2014 18-2142.02. Enhanced employment area; redevelopment project; levy of general business occupation tax authorized; governing body; powers; occupation tax; power to levy; exceptions. Grand Island Council Session - Updated - 8/26/2014 Page 410 / 463 A city may levy a general business occupation tax upon the businesses and users of space within an enhanced employment area for the purpose of paying all or any part of the costs and expenses of any redevelopment project within such enhanced employment area. After March 27, 2014, any occupation tax imposed pursuant to this section shall make a reasonable classification of businesses, users of space, or kinds of transactions for purposes of imposing such tax, except that no occupation tax shall be imposed on any transaction which is subject to tax under section 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602, or 77-4008 or which is exempt from tax under section 77- 2704.24*. The collection of a tax imposed pursuant to this section shall be made and enforced in such a manner as the governing body shall by ordinance determine to produce the required revenue. The governing body may provide that failure to pay the tax imposed pursuant to this section shall constitute a violation of the ordinance and subject the violator to a fine or other punishment as provided by ordinance. Any such occupation tax agreed to by the authority and the city shall remain in effect so long as the authority has bonds outstanding which have been issued stating such occupation tax as an available source for payment. Source:Laws 2007, LB562, § 8; Laws 2014, LB474, § 6. Effective Date: March 27, 2014 18-2142.03. Enhanced employment area; use of eminent domain prohibited. Eminent domain shall not be used to acquire property that will be transferred to a private party in the enhanced employment area. Source:Laws 2007, LB562, § 9. 18-2142.04. Enhanced employment area; authorized work within area; levy of general business occupation tax authorized; exceptions; governing body; powers; revenue bonds authorized; terms and conditions. (1) For purposes of this section: (a) Authorized work means the performance of any one or more of the following purposes within an enhanced employment area designated pursuant to this section: (i) The acquisition, construction, maintenance, and operation of public offstreet parking facilities for the benefit of the enhanced employment area; (ii) Improvement of any public place or facility in the enhanced employment area, including landscaping, physical improvements for decoration or security purposes, and plantings; Grand Island Council Session - Updated - 8/26/2014 Page 411 / 463 (iii) Construction or installation of pedestrian shopping malls or plazas, sidewalks or moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses and underpasses, and any useful or necessary public improvements; (iv) Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the enhanced employment area; (v) Creation and implementation of a plan for improving the general architectural design of public areas in the enhanced employment area; (vi) The development of any public activities and promotion of public events, including the management, promotion, and advocacy of retail trade activities or other promotional activities, in the enhanced employment area; (vii) Maintenance, repair, and reconstruction of any improvements or facilities authorized by the Community Development Law; (viii) Any other project or undertaking for the betterment of the public facilities in the enhanced employment area, whether the project is capital or noncapital in nature; (ix) Enforcement of parking regulations and the provision of security within the enhanced employment area; or (x) Employing or contracting for personnel, including administrators for any improvement program under the Community Development Law, and providing for any service as may be necessary or proper to carry out the purposes of the Community Development Law; (b) Employee means a person employed at a business located within an enhanced employment area; and (c) Number of new employees means the number of equivalent employees that are employed at a business located within an enhanced employment area designated pursuant to this section during a year that are in excess of the number of equivalent employees during the year immediately prior to the year the enhanced employment area was designated pursuant to this section. (2) If an area is not blighted or substandard, a city may designate an area as an enhanced employment area if the governing body determines that new investment within such enhanced employment area will result in at least (a) two new employees and new investment of one hundred twenty-five thousand dollars in counties with fewer than Grand Island Council Session - Updated - 8/26/2014 Page 412 / 463 fifteen thousand inhabitants, (b) five new employees and new investment of two hundred fifty thousand dollars in counties with at least fifteen thousand inhabitants but fewer than twenty-five thousand inhabitants, (c) ten new employees and new investment of five hundred thousand dollars in counties with at least twenty-five thousand inhabitants but fewer than fifty thousand inhabitants, (d) fifteen new employees and new investment of one million dollars in counties with at least fifty thousand inhabitants but fewer than one hundred thousand inhabitants, (e) twenty new employees and new investment of one million five hundred thousand dollars in counties with at least one hundred thousand inhabitants but fewer than two hundred thousand inhabitants, (f) twenty-five new employees and new investment of two million dollars in counties with at least two hundred thousand inhabitants but fewer than four hundred thousand inhabitants, or (g) thirty new employees and new investment of three million dollars in counties with at least four hundred thousand inhabitants. Any business that has one hundred thirty-five thousand square feet or more and annual gross sales of ten million dollars or more shall provide an employer-provided health benefit of at least three thousand dollars annually to all new employees who are working thirty hours per week or more on average and have been employed at least six months. In making such determination, the governing body may rely upon written undertakings provided by any owner of property within such area. (3) Upon designation of an enhanced employment area under this section, a city may levy a general business occupation tax upon the businesses and users of space within such enhanced employment area for the purpose of paying all or any part of the costs and expenses of authorized work within such enhanced employment area. After March 27, 2014, any occupation tax imposed pursuant to this section shall make a reasonable classification of businesses, users of space, or kinds of transactions for purposes of imposing such tax, except that no occupation tax shall be imposed on any transaction which is subject to tax under section 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66- 4,146, 77-2602, or 77-4008 or which is exempt from tax under section 77-2704.24*. The collection of a tax imposed pursuant to this section shall be made and enforced in such a manner as the governing body shall by ordinance determine to produce the required revenue. The governing body may provide that failure to pay the tax imposed pursuant to this section shall constitute a violation of the ordinance and subject the violator to a fine or other punishment as provided by ordinance. Any occupation tax levied by the city under this section shall remain in effect so long as the city has bonds outstanding which have been issued under the authority of this section and are secured by such occupation tax or that state such occupation tax as an available source for payment. The total amount of occupation taxes levied shall not exceed the total costs and expenses of the authorized work including the total debt service requirements of any bonds the proceeds of which are expended for or allocated to such authorized work. The assessments or taxes levied must be specified by ordinance and the proceeds shall not be used for any purpose other than the making of such improvements and for the repayment of bonds issued in whole or in part for the financing of such improvements. The authority to levy the general business occupation tax contained in this section and the authority to issue bonds secured by or payable from such occupation tax shall be independent of and separate from any occupation tax referenced in section 18-2103. Grand Island Council Session - Updated - 8/26/2014 Page 413 / 463 (4) A city may issue revenue bonds for the purpose of defraying the cost of authorized work and to secure the payment of such bonds with the occupation tax revenue described in this section. Such revenue bonds may be issued in one or more series or issues where deemed advisable, and each such series or issue may contain different maturity dates, interest rates, priorities on revenue available for payment of such bonds and priorities on securities available for guaranteeing payment thereof, and such other differing terms and conditions as are deemed necessary. The following shall apply to any such bonds: (a) Such bonds shall be limited obligations of the city. Bonds and interest on such bonds, issued under the authority of this section, shall not constitute nor give rise to a pecuniary liability of the city or a charge against its general credit or taxing powers. Such limitation shall be plainly stated upon the face of each of such bonds; (b) Such bonds may (i) be executed and delivered at any time and from time to time, (ii) be in such form and denominations, (iii) be of such tenor, (iv) be payable in such installments and at such time or times not exceeding twenty years from their date, (v) be payable at such place or places, (vi) bear interest at such rate or rates, payable at such place or places, and evidenced in such manner, (vii) be redeemable prior to maturity, with or without premium, and (viii) contain such provisions as shall be deemed in the best interest of the city and provided for in the proceedings of the governing body under which the bonds shall be authorized to be issued; (c) The authorization, terms, issuance, execution, or delivery of such bonds shall not be subject to sections 10-101 to 10-126; and (d) Such bonds may be sold at public or private sale in such manner and at such time or times as may be determined by the governing body to be most advantageous. The city may pay all expenses, premiums, and commissions which the governing body may deem necessary or advantageous in connection with the authorization, sale, and issuance thereof from the proceeds or the sale of the bonds or from the revenue of the occupation tax described in this section. Source:Laws 2007, LB562, § 10; Laws 2014, LB474, § 7. Effective Date: March 27, 2014 *Notes on exceptions listed in §18-2142.02 and §18-2142.04: §53-160 Manufacture and wholesale distribution of Beer and Wine §66-489, §66-489.02, §66-4,140, §66-4,145, §66-4,146, Fuel Taxes §77-2602 Cigarettes §77-4008 Tobacco §77-2704.24 Leases between related companies Grand Island Council Session - Updated - 8/26/2014 Page 414 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 415 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 416 / 463 R E S O L U T I O N 2014-255 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND CONFIRMING THE DESIGNATION OF AN ENHANCED EMPLOYMENT AREA BY THE COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA; AND CONFIRMING THAT SUCH REAL PROPERTY IS ELIGIBLE FOR THE IMPOSITION OF AN OCCUPATION TAX PURSUANT TO THE COMMUNITY DEVELOPMENT LAW, CHAPTER 18, ARTICLE 21, REISSUE REVISED STATUTES OF NEBRASKA, AS AMENDED WHEREAS, the City of Grand Island, Nebraska (the “City”) has determined it necessary, desirable, advisable, and in the best interests of the City to undertake and carry out redevelopment projects in certain areas of the City that are determined to be blighted and substandard and in need of redevelopment; and WHEREAS, the Community Development Law, Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended (the “Act”), prescribes the requirements and procedures for designating areas of the City as blighted and substandard under the Act, which areas are designated by the Act as community redevelopment areas (herein the “Redevelopment Area”); and WHEREAS, the City has, by its ordinance created the Community Redevelopment Authority of the City of Grand Island (the “Authority”); and WHEREAS, Section 18-2103(22) of the Act provides that the Authority may designate a portion of a Redevelopment Area as an “enhanced employment area” eligible for the imposition of an occupation tax for the purposes set forth in Section 18- 2142.02 and 18-2142.04 of the Act. WHEREAS, on April 24th, 2012, the Mayor and Council of the City held a public hearing in the Council Room at the Grand Island City Hall in the City, all in accordance with the requirements of the Act and by Resolution No 2012-114 did find and determine that certain area more fully described below (the “Redevelopment Area”) be declared blighted and substandard and in need of redevelopment as required by the Act; and WHEREAS, the owners of the Redevelopment Area have requested that the Authority designate the Redevelopment Area as an “enhanced employment area’ pursuant to Section 18-2103(22) of the Act and determine the same to be eligible for the imposition of an occupation tax pursuant to said Section; and WHEREAS, the Authority has determined, by its Resolution No 180 that the Redevelopment Area is an “enhanced employment area” as defined in the Act and eligible for imposition on an occupation tax in accordance with the Act. Grand Island Council Session - Updated - 8/26/2014 Page 417 / 463 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA AS FOLLOWS: Section 1. The Mayor and City Council hereby confirm that the Redevelopment Area is an “enhanced employment area” as described in Section 18-2103(22) of the Act and is an area eligible for the imposition of an occupation tax for the purposes set forth in Sections 18-2142.02 and 18-2142.04 of the Act. The Redevelopment Area is more particularly described as follows, to wit: A tract of land comprising all of Lot Ten (10), Grand Island Mall Eighth Subdivision and all of Lot Two (2), Grand Island Mall Fifteenth Subdivision, all in the City of Grand Island, Hall County, Nebraska, and containing 16.428 acres more or less. EXCEPTING THEREFROM A tract of land comprising a part of Lot Ten (10), Grand Island Mall Eighth Subdivision and a part of Lot Two (2), Grand Island Mall Fifteenth Subdivision, all in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Beginning at the northwest corner of said Lot Ten (10); thence running easterly on the north line of said Lots Ten (10), on an Assumed Bearing of N8947’33”E, a distance of Two Hundred Thirty Five (235.00) feet, to the Actual Point of Beginning; thence continuing N8947’33”E, on the north line of said Lot Ten (10) and said Lot Two (2), a distance of Two Hundred Fifty Three and Fifty Hundredths (253.50) feet; thence running S0012’27”E, a distance of Two Hundred Six (206.00) feet; thence running S8947’33”W, a distance of Two Hundred Fifty Three and Fifty Hundredths (253.50) feet; thence running N0012’27”W, a distance of Two Hundred Six (206.00) feet, to the Actual Point Of Beginning and containing 1.672 acres more or less. Net 14.756 acres more or less. Section 2. This Resolution shall take effect as provided by law. DATED: August 26, 2014. THE CITY OF GRAND ISLAND, NEBRASKA By: ________________________ Jay Vavricek, Mayor ATTEST: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 418 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-8 #2014-256 - Consideration of Approving Certificate of Final Completion for Water Main District 458T - Blaine, Schimmer to Wildwood, to Gold Core Road and Setting the Board of Equalization Hearing Date for September 23, 2014 Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - Updated - 8/26/2014 Page 419 / 463 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:August 26, 2014 Subject Water Main District 458T – Platte Valley Industrial Park East – Certificate of Final Completion Item #’s:I-8 Presenter(s):Timothy Luchsinger, Utilities Director Background Platte Valley Industrial Park East (PVIP-E) is located on the west side of Blaine Street, between Schimmer Drive and Wildwood Drive. PVIP-E is a 280 acre tract of land owned by the Grand Island Area Economic Development Corporation (GIAEDC). Water Main District 458T was authorized by the Council on November 23, 2010 to provide municipal water service adjacent to the properties, thereby making the area more attractive for commercial and industrial usage. On October 26, 2010 the City Council approved funding assistance for installation of infrastructure from a grant from the Nebraska Department of Economic Development. The monies were provided from the Community Development Block Grant (CDBG) Disaster Recovery Program. At the same time, additional funding was also allocated from the Local Area Economic Development LB 840 Program and an easement credit from the GIAEDC. Discussion As a cost savings from the economy of scale, a joint Utilities/Public Works Contract was prepared for construction of water and sewer lines to the PVIP-E area. Specifications for the project were developed and bids advertised and received in accordance with the City Purchasing Code. On April 10, 2012, The Diamond Engineering Company of Grand Island was awarded the joint contract for a total of $1,262,909.56. The contract consisted of installing 8,700 feet of sanitary sewer and 8,500 feet of 16” diameter water main. The bid award was based on the least total cost for the entire project (water main and sanitary sewer). Grand Island Council Session - Updated - 8/26/2014 Page 420 / 463 Attached is the Engineer’s Certificate of Final Completion for Water Main District 458Tverifying that all construction has been completed in accordance with the terms, conditions, and stipulations of the contract, plans, and specifications. The total project cost for the water main construction was $856,068.68. The City has just received final grant disbursements for the project. The funding assistance includes: $334,762.00 from the original Community Development Block Grant; $32,909.00 from the amended Grant reallocation; $36,985.00 for easement reimbursements from the EDC; and $119,758.45 from LB 840 funding. The total funding assistance for Water Main District 458T is $524,414.45. The remaining balance of $331,654.23 will be charged to the properties receiving benefit within the district’s boundary. Those connection fees are due when a property “taps” the water main for service. This is the City’s standard method used to recoup costs when water mains are installed across undeveloped lands. The connection (tap) fee for properties within the boundary of Water Main District 458T is $21.510958 per front foot. Attached for reference are copies of the tabulation of construction costs for Water Main District 458T; a tabulation of connection fees for the properties within District 458T, and the district’s boundary plat. 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 It is recommended Council accept the Certificate of Final Completion for Water Main District 458T and sit as a Board of Equalization on September 23, 2014, to establish the connection fees for the properties within the district. Sample Motion Move to accept the Certificate of Final Completion for Water Main District 458T and sit as a Board of Equalization on September 23, 2014, to establish the connection fees for the properties within the district. Grand Island Council Session - Updated - 8/26/2014 Page 421 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 422 / 463 WATER MAIN DISTRICT 458T THE DIAMOND ENGINEERING COMPANY 5/12/2014 Platte Valley Industrial Park East P O Box 1327 Wildwood Dr - Gold Core to Blaine St Grand Island, NE 68802 Blaine St - Wildwood Dr to Schimmer Dr Tel: (308) 382-8362 Fax: (308) 382-8389 BID TOTAL QUANTITIES PLACED TOTAL AMT Item Description Unit $ Unit COMPLETED $ C. 1.01 16" d.i. pipe (SJ) 62.15 8,414.00 l.f. $522,930.10 C. 1.02 16" d.i. pipe (RJ) 76.60 126.00 l.f. $9,651.60 C. 1.03 30"x0.500" Steel casing 275.00 120.00 l.f. $33,000.00 C. 1.04 16"X16"x16" tapping sleeve (MJ) 7,265.00 1.00 ea. $7,265.00 C. 1.05 16"x16"x16" Tee (MJ) 975.00 1.00 ea. $975.00 C. 1.06 16"x16"x6" tee (MJ) 675.00 16.00 ea. $10,800.00 C. 1.07 16"X22 1/2° Ell (MJ) 555.00 10.00 ea. $5,550.00 C. 1.08 16"X6" Reducer (MJ) 405.00 1.00 ea. $405.00 C. 1.09 16" sleeve coupling 510.00 21.00 ea. $10,710.00 C. 1.10 16" Tapping Valve 7,430.00 1.00 ea. $7,430.00 C. 1.11 16" Butterfly Valve 2,553.00 10.00 ea. $25,530.00 C. 1.12 valve box 145.00 11.00 ea. $1,595.00 C. 1.13 Fire Hydrant assembly Type 1 1,400.00 16.00 ea. $22,400.00 C. 1.14 Fire Hydrant Assembly Type 2 1,980.00 1.00 ea. $1,980.00 C. 1.15 Thrust Block 350.00 23.00 ea. $8,050.00 C. 1.16 Thrust Block - Invert "A" 965.00 3.00 ea. $2,895.00 C. 1.17 Thrust Block - Invert "B" 820.00 3.00 ea. $2,460.00 C. 1.18 remove asph./conc. Driveway 5.80 0.00 s.y. $0.00 C. 1.19 replace asph./conc. Driveway 31.00 0.00 s.y. $0.00 C. 1.20 remove asph./conc. Roadway 6.80 83.40 s.y. $567.12 C. 1.21 replace concrete roadway 34.50 83.40 s.y. $2,877.30 C. 1.22 remove and replace gravel roadway 18.00 10.00 ton $180.00 C. 1.23 Residential Type Seeding & Restoration 9,535.00 0.40 Ac $3,814.00 C. 1.24 Non-Residential Type Seeding & Restoration 2,695.00 4.45 Ac $11,992.75 C. 1.25 Row Crop Area Restoration 340.00 6.70 Ac $2,278.00 C. 1.26 Dewatering 9.55 2,593.00 l.f. $24,763.15 C. 1.27 Temporary Traffic Control 1,250.00 1.00 L.S. $1,250.00 C. 1.28 Temporary Fencing 4,370.00 1.00 L.S. $4,370.00 C. 1.29 Remove & Replace Permanent Fencing 1,586.00 1.00 L.S. $1,586.00 CONTRACT TOTAL AMOUNT $727,305.02 Easements $45,987.50 City Supplied Materials $23,834.13 Services & Supplies $4,446.08 Engineering $37,577.04 Overhead $16,918.91 PROJECT TOTAL $856,068.68 Less PVSB Easement Reimbursement -$36,985.00 Less CDBG Reimbursement -$334,762.00 Less CDBG Amendment -$32,909.00 LB 840 Funds -$119,758.45 Total Reimbursement -$524,414.45 ASSESSABLE TOTAL $331,654.23 Grand Island Council Session - Updated - 8/26/2014 Page 423 / 463 TABULATION OF CONNECTION FEES 5/12/2014 WATER MAIN DISTRICT 458T WWO 22919 ITEM AMOUNT Contract = $727,305.02 Easements = $45,987.50 City Materials = $23,834.13 Engineering = $37,577.04 Overhead = $16,918.91 Services & Supplies $4,446.08 Total Project = $856,068.68 Less PVSB Easement -$36,985.00 Less CDBG = -$334,762.00 Less CDBG Amendment = -$32,909.00 LB 840 Funds -$119,758.45 Total Reimbursements = -$524,414.45 Assessable = $331,654.23 Connection Fee / FF $21.510958 SEE ATTACHED FRONT TOTAL OWNER PARCEL #PROPERTY DESCRIPTION FOOTAGE CONNECTION FEE Blattner Family Trust 400209217 Part SW 1/4, SE 1/4 1,145.46 $24,639.94 10 Trailwood Creek Section 5, T-10-N, R-9-W "C" Lufkin, TX 75901 Grand Island Area 400209225 Part SW 1/4, SE 1/4 2,575.34 $55,398.03 Economic Development Section 5, T-10-N, R-9-W "D" PO Box 1151 Grand Island, NE 68802 Grand Island Area 400209209 Part E 1/2, NE 1/4 3,800.03 $81,742.29 Economic Development 400209160 Section 5, T-10-N, R-9-W "E" PO Box 1151 Part N 1/2, SE 1/4 Grand Island, NE 68802 Section 5, T-10-N, R-9-W Charles H Henderson 400209047 Part W 1/2, NW 1/4 2,646.23 $56,922.94 Mary Alice Henderson, H/W Section 4, T-10-N, R-9-W "F" 24 E Laurel Street Harrisonburg, VA 22801 Grand Island Area 400209055 Part SW 1/4 2,558.91 $55,044.61 Economic Development Section 4, T-10-N, R-9-W "G" PO Box 1151 Grand Island, NE 68802 Adeline M Stelk 400209241 Part N 1/2, NE 1/4 2,691.95 $57,906.42 2659 W Wildwood Dr Section 8, T-10-N, R-9-W "H" Grand Island, NE 68801 Part NE 1/4, NW 1/4 Section 8, T-10-N, R-9-W Total Footage 15,417.92 Total All Connection Fees $331,654.23 Grand Island Council Session - Updated - 8/26/2014 Page 424 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 425 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 426 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 427 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 428 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 429 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 430 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 431 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 432 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-256 WHEREAS, the City Engineer/Public Works Director and the Utilities Director for the City of Grand Island have issued a Certificate of Final Completion for Water Main District 458T certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract has completed the water main project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: The City Engineer/Public Works Director’s Certificate of Final Completion for Water Main District 458T is hereby confirmed. That the City Council will sit as a Board of Equalization on September 23, 2014, to determine benefits and set assessments for Water Main District 458T. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _____________________________ Jay Vavricek, Mayor Attest: ____________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 433 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-9 #2014-257 - Consideration of Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sanitary Sewer District No. 527T – Platte Valley Industrial Park Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - Updated - 8/26/2014 Page 434 / 463 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:August 26, 2014 Subject:Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sanitary Sewer District No. 527T – Platte Valley Industrial Park Item #’s:I-9 Presenter(s):John Collins PE, Public Works Director Background This was a combined project of the City’s Public Works and Utilities Departments for the installation of sanitary sewer lines and water main to provide municipal utility infrastructure to the Platte Valley Industrial Park Site. The project is located in a 280 acre tract of land purchased by the Grand Island Area Economic Development Corporation, more commonly known as Platte Valley Industrial Park-East. The development area is located between Gold Core Drive and Blaine Street, and between Schimmer Drive and Wildwood Drive. Attached for reference is a map showing the construction area. Funding assistance was provided for the project from the 2010 Community Development Block Grant (CDBG) Economic Development Program in the amount of $935,000. This Block Grant required a City’s matching fund of $1,275,000. On October 26, 2010 the City Council approved authorizing the application for the Economic Development Grant from the Nebraska Department of Economic Development. Additionally, $575,000 in Local Area Economic Development LB 840 funds were allocated to the project. The contract for Sanitary Sewer District No. 527T was awarded to The Diamond Engineering Company of Grand Island, Nebraska on April 10, 2012, in the amount of $484,384.60. Work on this project commenced in May, 2012 and was completed in January, 2013. Discussion Sanitary Sewer District No. 527T was created on November 23, 2010 as a special economic development activity for development of a business/industrial park/site which will eventually be occupied by eligible benefited businesses. Grand Island Council Session - Updated - 8/26/2014 Page 435 / 463 The project provided nearly one mile of extended 18”, and 15” sanitary sewer service along the length of Wildwood Drive and Schimmer Drive, between Gold Core and Blaine Street. The connection fees for Sanitary Sewer District 527T are computed based on the construction being done as a “Tap” district. This is the standard method used by the City to recoup costs when sanitary sewer mains are installed across undeveloped lands. Those fees are due when a property “taps” the main for service. The connection fee for properties included in the referenced district is $40.97 per front foot. Sanitary sewer work on the project was completed at a construction price of $508,855.21. Other credited funds are $331,138.00, with a total project cost of $592,606.80. Project costs break down as follows: Original Bid by Diamond Engineering $ 486,953.20 Change Order No. 1 $ 9,572.88 Miscellaneous $ 12,329.13 SUBTOTAL (Construction Price)$ 508,855.21 Internal Public Works Construction Engineering Costs $ 83,751.59 SUBTOTAL (Engineering / Inspections)$ 83,751.59 State of Nebraska DED CDBG $(254,572.00) LB 840 Funds $ (76,566.00) SUBTOTAL (Other Funding)$(331,138.00) TOTAL COST $ 261,468.80 The final assessment for Sanitary Sewer District 527T, Platte Valley Industrial Park East is $261,468.80. The assessed cost in the district and the City's costs break down as follows: Total Assessed to Blattner Family Trust $ 47,526.22 Total Assessed to Grand Island Area Grand Island Council Session - Updated - 8/26/2014 Page 436 / 463 Economic Development Corporation $213,942.58 TOTAL COST $261,468.80 The Engineers Estimate for the project was underrun in the amount of $6,261.61. 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 It is recommended that the Council accept the Certificate of Final Completion for Sanitary Sewer District 527T, and sit as Board of Equalization on September 23, 2014 to set the connection fee amount for the properties within the boundaries of Sanitary Sewer District 527T as tabulated on the attached listing. Sample Motion Move to approve the resolution in Certificate of Final Completion for Sanitary Sewer District 527T with the Diamond Engineering Company of Grand Island, Nebraska; and Move to approve City Council sit as a Board of Equalization on September 23, 2014 to determine benefits and set assessments for Sanitary Sewer District 527T. Grand Island Council Session - Updated - 8/26/2014 Page 437 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 438 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 439 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 440 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 441 / 463 Grand IslandCouncil Session - Updated - 8/26/2014Page 442 / 463 Schimmer Dr WBlaine St S WildwoodDr WSchimmer Dr WScheel Rd WildwoodDr WBlaine St SBlaine St S Gold Core Dr C14-11 C14-12 C14-13 C14-14C14-15C14-16C14-17C14-18 C15-12 C15-13 C15-14 C15-15 C15-16 C15-17 C15-18 C15-19 D15-1 D15-2 D15-3 D15-4 D15-5 D15-6 D15-7 D14-1 D14-2 D14-3 D14-4 D14-5 D14-6 D14-7 D14-8 D14-9³Grand Island Council Session - Updated - 8/26/2014 Page 443 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 444 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 445 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 446 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 447 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 448 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-257 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Platte Valley Industrial Park East; Sanitary Sewer District 527T, certifying that The Diamond Engineering Co., of Grand Island, Nebraska, under contract, has completed the improvement project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: The Certificate of Final Completion for Platte Valley Industrial Park East; Sanitary Sewer District 527T, certifying that The Diamond Engineering Co., of Grand Island, Nebraska, is hereby confirmed, for the total amount of $496,526.08; and The City Council will sit as a Board of Equalization on September 23, 2014 to determine benefits and set assessments for Sanitary Sewer District 527T. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 449 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-10 #2014-258 - Consideration of Approving the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Advisory Review Committee on the Economic Development Program Plan This item relates to the aforementioned Public Hearing item E-8. Staff Contact: Grand Island Council Session - Updated - 8/26/2014 Page 450 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-258 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §38-5 require a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on August 14, 2014; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 451 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item I-11 #2014-259 - Consideration of Approving Interlocal Agreement with Hall County Regarding Transit Services Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - Updated - 8/26/2014 Page 452 / 463 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:August 26, 2014 Subject:Consideration of Approving Interlocal Agreement with Hall County Regarding Transit Services Item #’s:I-11 Presenter(s):John Collins PE, Public Works Director Background In March of 2012, the City of Grand Island was declared a Census Defined Urbanized Area. This designation changes the funding streams and responsibilities for a number of programs, including those used to provide Transportation Services within the City of Grand Island. With this new designation, Section 5307 Urban Transit Funds became available to the City of Grand Island. On September 25, 2012 the Grand Island City Council authorized the Mayor to send a letter requesting the City of Grand Island be named the recipient of these transit funds. The Governor then approved the request. Discussion Since the mid-1970s, Hall County, using Section 5311 Rural Transit Funding, has provided elderly and para-transit services through Senior Citizens Industries, Inc. Over the years, this service has evolved into a full-scale, portal-to-portal transit service, providing transportation to all residents of Hall County through a combination of busses and discounted cab vouchers. With the “Urbanized” designation, the City of Grand Island began receiving 5307 funds for transportation services, instead of the 5311 funds Hall County was receiving. However, in order for us to plan for and contract with an entity to provide transit services within the City of Grand Island, and in order for the services to continue through this transitional period, the attached Interlocal Agreement is being proposed to you for approval. This Interlocal Agreement was approved by the Hall County Board of Supervisors on March 12, 2014. Grand Island Council Session - Updated - 8/26/2014 Page 453 / 463 This agreement will allow Hall County to continue to contract with Senior Citizens Industries, Inc. to provide the same level of transit services within the City of Grand Island as they have in the past. The agreement will also allow the City of Grand Island to provide a payment of $104,665.00 to Hall County, as shown in the proposed 2014-2015 budget in fund 226. The budget shows $110,.00 for 2014-2015 fiscal year Transit Services. The proposed agreement will end on September 30, 2015, which is the end of the fiscal year for the City of Grand. 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 Interlocal Agreement with Hall County as presented. Sample Motion Move to approve the resolution. Grand Island Council Session - Updated - 8/26/2014 Page 454 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 455 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 456 / 463 Grand Island Council Session - Updated - 8/26/2014 Page 457 / 463 Approved as to Form ¤ ___________ August 25, 2014 ¤ City Attorney R E S O L U T I O N 2014-259 WHEREAS, Hall County has been providing transit services to all of the citizens of Hall County through an agreement with Senior Citizens Industries, Inc. and the State of Nebraska to use Section 5311 Rural Transit Funds within Hall County for almost 40 years; and WHEREAS, the City of Grand Island, Nebraska has been declared a Census Defined Urbanized Area with a population of more than 50,000 people; and WHEREAS, funding for transit services in Grand Island will be impacted because of the declaration of Grand Island as a Census Defined Urbanized Area; and WHEREAS, the City and the County wish to continue to provide transit services to the Citizens who reside within the Census Defined Urbanized Area; and WHEREAS, the State of Nebraska has made available unallocated funding under the Section 5311 Rural Transit Program that will allow Grand Island residents to continue to avail themselves of transit services in the same manner as has previously been provided within the agreement between Hall County and Senior Citizens Industries, Inc.; and WHEREAS, it is in the best interest of the citizens of Grand Island, and the governing bodies of both Grand Island and Hall County for the City to fund transit services in the City through the existing contract between Hall County and Senior Citizen Industries, Inc. until such time as the City is ready to authorize a separate contract for the provision of transit services within the City; and WHEREAS, the City of Grand Island and the Hall County, Nebraska, have indicated an interest in working together to provide transit services in their respective jurisdictions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement between the City of Grand Island and Hall County for transit services 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, August 26, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - Updated - 8/26/2014 Page 458 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item J-1 Approving Payment of Claims for the Period of August 13, 2014 through August 26, 2014 The Claims for the period of August 13, 2014 through August 26, 2014 for a total amount of $6,612,291.73. A MOTION is in order. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - Updated - 8/26/2014 Page 459 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item S-1 Discussion Concerning the Proposed Fiscal Year 2014-2015 City of Grand Island and Community Redevelopment Authority (CRA) Budgets Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - Updated - 8/26/2014 Page 460 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item X-1 Strategy Session with Respect to Labor Negotiations with IBEW and International Association of Firefighters (IAFF - Local 647) 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 - Updated - 8/26/2014 Page 461 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item X-2 Strategy Session with Respect to a Real Estate Purchase 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 - Updated - 8/26/2014 Page 462 / 463 City of Grand Island Tuesday, August 26, 2014 Council Session - Updated Item X-3 Strategy Session with Respect to Litigation which is Imminent as Evidenced by Communication or a Claim or Threat of Litigation to or by the Public Body 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 - Updated - 8/26/2014 Page 463 / 463