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06-10-2008 City Council Regular Meeting PacketCity of Grand Island Tuesday, June 10, 2008 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Jeff Pederson City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Tom Brown Larry Carney John Gericke Peg Gilbert Joyce Haase Robert Meyer Mitchell Nickerson Bob Niemann Kirk Ramsey Jose Zapata Call to OrderCity of Grand Island City Council 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. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Alan Davis, Independent Bethel Baptist Church, 1223 East 6th Street 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. City of Grand Island City Council Item D1 #2008-BE-2 - Consideration of Determining Benefits for 2007 Weed Abatement Program Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Attorney Meeting: June 10, 2008 Subject: Determination of Benefits 2007 Weed Abatement Program Item #’s: D-1 & F-1 Presenter(s): Wesley D. Nespor, Attorney Background Article III of Chapter 17 to the Grand Island City Code contains a procedure for abating nuisances created by properties that have excessive growths of weeds, grasses and other vegetation. The City Code provides for owners to receive a notice to cut their weeds and grasses and if the owners do not comply with such notice, the City is authorized to do the work and bill the property owner. If the owner fails to pay the bill, the City is authorized by Section 17-38 of the City Code to levy an assessment on the property for the amount of the mowing expenses. Discussion The City Council, sitting as the Board of Equalization, is being asked to determine the benefits for the weed abatement program that took place during the growing season of 2007. There were a number of properties within the City of Grand Island which were not mowed after notice was given. The property owners did not respond to the notice, the City contracted to have the properties mowed, and sent a statement to the property owners for the cost of the mowing. The determination of benefits and levying of special assessments by ordinance on the properties are the next steps in the process of collecting the mowing expense. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Determine the benefits and approve levying the assessment against the property. 2. Continue the issue to a later date. Recommendation City Administration recommends that the Council determine the benefits of mowing done during 2007 and levy the unpaid benefits as a lien against the properties that were mowed. Sample Motion Move to adopt the resolution determining the special benefits of mowing and weed nuisance abatement for the properties listed and in the amounts set forth in the resolution. After the resolution is adopted, a separate motion to adopt the assessment ordinance will be made in the manner for adopting ordinances. Approved as to Form ¤ ___________ June 5, 2008 ¤ City Attorney R E S O L U T I O N 2008-BE-2 WHEREAS, pursuant to Sections 16-230 and 16-707, Neb. R.R.S. 1943, as amended, the City Clerk of the City of Grand Island, Nebraska, gave notice at least ten days prior thereto by publication in a newspaper having general circulation in the City and by mail to persons whose addresses were known to her that the City Council would meet as a Board of Equalization to equalize special weed cutting assessments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for the purpose of assessing the costs and expenses of cutting and removing weeds, grasses, or worthless vegetation to the various lots and pieces of ground during the 2007 season, that: 1. The special benefits accruing to the real estate hereinafter described for each cutting is the actual expense thereof plus $50.00 as costs for the City per lot or piece of ground or any combination thereof; and 2. The several lots and pieces of ground hereinafter described are respectively benefited by reason of such weed elimination as follows: Owner Location Legal Description Total Juanita Roman Life Estate 808 E 5th St Evans Addition Robert S & Frank S Roman Lot 7, Block 4 250.00 808 E 5th St Grand Island, NE 68801 Ronald L Hulme 616 E Yund Union Pacific Railway 2nd Add PO Box 33 Lot 7, Block 145 265.00 Miller, NE 68858 Washington Mutual Bank 1304 W North Front St Bonnie Brae Sub 2210 Enterprise Drive Lot 10, Block 13 100.00 Florence, SC 29501 The CIT Group 2316 N Lafayette College Add to West Lawn 715 S Metropolitan Ave Lots 7 and 9, Block 10 275.00 Oklahoma City OK 73108 Bank of New York, Trustee/Countrywide 936 S Kimball Hawthorne Place 7105 Corporate Drive Lot 45 125.00 Plano TX 75024 Secretary of Housing & Urban Development 1115 S Pine Vantine's Sub 501 Marquette Ave S 1/2, W 1/2 of E270' Lot 12 125.00 Minneapolis MI 55402 CITIFINANCIAL INC 814 S Claussen Ave Claussen Country View Add 1111 Northpoint Bldg 4 Ste 100 Lot 3, Block 3 155.00 Coppell TX 75019 R E S O L U T I O N 2008-BE-2 - (Cont.) - 2 - Vanguard Properties LLC 4016-4022 Northview Dr Northview 1st Sub Lot 4, Block 1 3811 - 29th Ave Ste 5 Northview 3rd Sub Lot 3 125.00 Kearney, NE 68845 Pathway Bank PO Box 428 Cairo NE 68824 Roger R & Jolene K Harrie 331 Hall St Buena Vista Sub 7538 Sky Park Rd Lot 126 90.00 Grand Island, NE 68801 Franklin Credit Management Six Harrison St New York NY 10013 Household Finance Corporation III 304 E 11th St Russell Wheeler's Addition 636 Grand Regency Blvd Lot 6, Block 38 140.00 Brandon FL 33510 Secretary of Housing & Urban Development 504 E 10th St Russell Wheeler's Addition 10909 Mill Valley Rd Lot 6, Block 32 205.00 Omaha NE 68154 Deutsche Bank National Trust 112 W Oklahoma South Grand Island Sub 7255 Bay Meadows Way W 1/2 Lot 4, Block 5 110.00 Jacksonville FL 32256 Andy Nelsen/Nelsen Enterprises Inc/AC 400 Industrial Lane Commercial Industrial Park Sub 11818 L Street Lot 6 100.00 Omaha, NE 68100 Secretary of Housing & Urban Development 107 E 12th St Russell Wheeler's Addition 501 Marquette Ave Lot 4, Block 40 125.00 Minneapolis MI 55402 Rodriguiez International Holdings Inc 423 W 4th St Original Town Attn: Carlos Rodriguez Lot 4, Block 39 115.00 2635 O Street Lincoln, NE 68510 Thomas Penke, Trustee 406 N 130th Suite 101 Omaha NE 68144 Bank of New York, Trustee/Countrywide 418 E 18th Street Morris 5th Addition 7105 Corporate Drive E 37' Lot 10 & W 43' Lot 11 110.00 Plano TX 75024 Block 8 - - - R E S O L U T I O N 2008-BE-2 - (Cont.) - 3 - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request from The Firehouse LLC dba The Firehouse, 418 West 4th Street for a Class "C" Liquor License Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: June 10, 2008 Subject: Public Hearing on Request from The Firehouse LLC dba The Firehouse, 418 West 4th Street for a Class “C” 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 the y 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 The Firehouse LLC dba The Firehouse, 418 West 4th Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Also included with the application was a request from Sarah Spencer, 1823 West 3rd Street for a Liquor Manager designation. The background report from the Police Department showed a felony theft conviction and misdemeanor assault conviction on Sarah Spencer’s spouse, John. However, Mr. Spencer did sign an affidavit of non- participation. 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. 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 the application. Sample Motion Move to approve the application from The Firehouse LLC dba The Firehouse, 418 West 4th Street for a Class “C” Liquor License contingent upon final inspections and with the restriction there be no involvement of any kind by John Spencer. Also approved is the request from Sarah Spencer, 1823 West 3rd Street for Liquor Manager designation, contingent upon Ms. Spencer completing a state approved alcohol server/seller training program. Item E2 Public Hearing on Request from Gibby's, Inc. dba Gibby's Pool Hall, 807 West 4th Street for an Addition to Class "C-35854" Liquor License Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: June 10, 2008 Subject: Public Hearing on Request from Gibby’s, Inc. dba Gibby’s Pool Hall, 807 West 4th Street for an Addition to Class “C-35854” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Gibby’s, Inc. dba Gibby’s Pool Hall, 807 West 4th Street has submitted an application for a Beer Garden, an addition to their Class “C-35854” Liquor License. The request includes a Beer Garden, an area of approximately 16’ x 24’ to be added to the west side of the existing building. (See attached drawing.) Discussion Chapter 2, Section 012.07 of the Nebraska Liquor Control Commission Rules and Regulations define “Beer garden” as “an outdoor area included in licensed premises, which is used for the service and consumption of alcoholic liquors, and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises, and preventing the passing of alcoholic liquors to persons outside the premises” City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, and Health Departments. 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 the application. Sample Motion Move to approve the request for a 16’ x 24’ Beer Garden addition for Gibby’s, Inc. dba Gibby’s Pool Hall, 807 West 4th Street, Liquor License “C-35854” contingent upon final inspections. Item E3 Public Hearing Regarding the 2009 CDBG Community Revitalization Phase III Grant Application Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Joni K City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Council Meeting: June 10, 2008 Subject: Public Hearing Concerning a Community Development Block Grant through the Nebraska Department of Economic Development Item 3: E-3 & G-7 Presenter(s): Joni Kuzma, Community Development Administrator Background The Nebraska Department of Economic Development (DED) is taking applications for Phase 3 of their Community Revitalization program. The City of Grand Island is one of 8 communities eligible to apply for these funds for a designated project area. Phase 1 was completed and resulted in the rehabilitation of 9 homes and the purchase of 4 homes by low-income first-time home buyers. Phase 2 is underway and anticipates the rehabilitation of 7 homes and the purchase of 2 homes by first-time home buyers. The City is applying for Community Development Block Grant (CDBG) funds in the amount of $254,230, of which $120,000 will be used for water main replacement (4-inch to 8-inch) to improve fire suppression capability, $108,314 for direct rehabilitation for homeowners and/or down payment assistance for first time homebuyers, $17,796 for General Administration and a percentage not to exceed 7% for Housing Administration ($8,120). This grant requires a 1:1 match by the City in the amount of $228,314. Neither General nor Housing Administration requires matching funds. A public hearing is required prior to submission of an application to the Nebraska Department of Economic Development to solicit public comment and input into the proposed project and grant application. The grant is due June 16, 2008. Discussion Notice of the public hearing was published on June 3, 2008 in the Grand Island Independent and public comment is solicited at this time. 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 “Phase 3 Community Revitalization” Department of Economic Development grant application and authorize the Mayor to sign all related documents. Sample Motion Move to approve the “Phase 3 Community Revitalization” Department of Economic Development grant application and authorize the Mayor to sign all related documents. Item E4 Public Hearing on Acquisition of Right-of-Way at the Southeast Corner of Old Potash Highway and North Road (Greg Baxter) Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: June 10, 2008 Subject: Public Hearing on Acquisition of Public Utility/Drainage Easement at the Northwest Corner of Old Potash Highway and North Road (Greg Baxter) Item #’s: E-4 & G-10 Presenter(s): Steven P. Riehle, Public Works Director Background Nebraska State Law requires a Public Hearing and Council approval for acquisition of property. A Public Utility/Drainage Easement is needed at the southeast corner of Old Potash Highway and North Road for Storm Drainage Project No. 2008-D-2; Moores Creek Drain Extension at Old Potash Highway. Discussion Storm Drainage Project No. 2008-D-2 will improve drainage for this part of Grand Island and give the property a better outlet for storm water. 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 Public Utility/Drainage Easement. Sample Motion Move to approve the acquisition of the Public Utility/Drainage Easement. Item F1 #9171 - Consideration of Assessments for 2007 Weed Abatement Program This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Approved as to Form ¤ ___________ June 5, 2008 ¤ City Attorney ORDINANCE NO. 9171 An ordinance levying a special tax to pay the cost to the City of cutting, destroying, and removing weeds, grasses, or worthless vegetation, pursuant to Sections 17-36 and 17-38 of the Grand Island City Code upon certain lots and pieces of ground; providing for the collection thereof; repealing ordinances or parts of ordinances in the Grand Island City Code in conflict herewith; and providing for the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. A special tax is hereby levied for the cost of cutting, destroying, and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and pieces of ground during the 2007 season in proportion to the special benefits to such real estate as determined and assessed by the City Council sitting as a Board of Equalization after due notice thereof, in the following amounts: Owner Location Legal Description Total Juanita Roman Life Estate 808 E 5th St Evans Addition Robert S & Frank S Roman Lot 7, Block 4 250.00 808 E 5th St Grand Island, NE 68801 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9171 (Cont.) - 2 - Ronald L Hulme 616 E Yund Union Pacific Railway 2nd Add PO Box 33 Lot 7, Block 145 265.00 Miller, NE 68858 Washington Mutual Bank 1304 W North Front St Bonnie Brae Sub 2210 Enterprise Drive Lot 10, Block 13 100.00 Florence, SC 29501 The CIT Group 2316 N Lafayette College Add to West Lawn 715 S Metrop olitan Ave Lots 7 and 9, Block 10 275.00 Oklahoma City OK 73108 Bank of New York, Trustee/Countrywide 936 S Kimball Hawthorne Place 7105 Corporate Drive Lot 45 125.00 Plano TX 75024 Secretary of Housing & Urban Development 1115 S Pine Vantine's Sub 501 Marquette Ave S 1/2, W 1/2 of E270' Lot 12 125.00 Minneapolis MI 55402 CITIFINANCIAL INC 814 S Claussen Ave Claussen Country View Add 1111 Northpoint Bldg 4 Ste 100 Lot 3, Block 3 155.00 Coppell TX 75019 Vanguard Properties LLC 4016-4022 Northview Dr Northview 1st Sub Lot 4, Block 1 3811 - 29th Ave Ste 5 Northview 3rd Sub Lot 3 125.00 Kearney, NE 68845 Pathway Bank PO Box 428 Cairo NE 68824 Roger R & Jolene K Harrie 331 Hall St Buena Vista Sub 7538 Sky Park Rd Lot 126 90.00 Grand Island, NE 68801 Franklin Credit Management Six Harrison St New York NY 10013 Household Finance Corporation III 304 E 11th St Russell Wheeler's Addition 636 Grand Regency Blvd Lot 6, Block 38 140.00 Brandon FL 33510 Secretary of Housing & Urban Development 504 E 10th St Russell Wheeler's Addition 10909 Mill Valley Rd Lot 6, Block 32 205.00 Omaha NE 68154 Deutsche Bank National Trust 112 W Oklahoma South Grand Island Sub 7255 Bay Meadows Way W 1/2 Lot 4, Block 5 110.00 Jacksonville FL 32256 Andy Nelsen/Nelsen Enterprises Inc/AC 400 Industrial Lane Commercial Industrial Park Sub 11818 L Street Lot 6 100.00 ORDINANCE NO. 9171 (Cont.) - 3 - Omaha, NE 68100 Secretary of Housing & Urban Development 107 E 12th St Russell Wheeler's Addition 501 Marquette Ave Lot 4, Block 40 125.00 Minneapolis MI 55402 Rodriguiez International Holdings Inc 423 W 4th St Original Town Attn: Carlos Rodriguez Lot 4, Block 39 115.00 2635 O Street Lincoln, NE 68510 Thomas Penke, Trustee 406 N 130th Suite 101 Omaha NE 68144 Bank of New York, Trustee/Countrywide 418 E 18th Street Morris 5th Addition 7105 Corporate Drive E 37' Lot 10 & W 43' Lot 11 110.00 Plano TX 75024 Block 8 SECTION 2. Such special tax shall be due and payable to the City thirty (30) days after such levy and shall become delinquent fifty (50) days after such levy. After the same shall become delinquent, interest at the rate of 14 percent (14%) per annum shall be paid thereon. The same shall be collected in the same manner as other city taxes. SECTION 3. Such special taxes shall be collected by the Finance Director of the City of Grand Island, Nebraska, as provided by law. SECTION 4. Such special taxes, if not previously paid, shall be certified to the County Clerk at the same time as the next certification for general revenue purposes. SECTION 5. Such special taxes, when received, shall be applied to reimburse the general fund. SECTION 6. All ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith be, and the same hereby are, repealed. ORDINANCE NO. 9171 (Cont.) - 4 - SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 10, 2008. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9172 - Consideration of Issuance of Industrial Development Revenue Bonds for Microgy Grand Island, LLC Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale Shotkoski, City Attorney Dave Springer, Finance Director Meeting: June 10, 2008 Subject: Approval of Ordinance to Issue Tax-Exempt Industrial Development Revenue Bonds for Microgy Grand Island, LLC Item #’s: F-2 Presenter(s): Dale Shotkoski, City Attorney Dave Springer, Finance Director Background On February 26, 2008, council approved the intent for the City of Grand Island to issue its industrial development revenue bonds, as authorized by Nebraska statutes, for the purpose of defraying the cost of acquisition, construction and equipping of certain solid waste disposal and biogas manufacturing facilities to be operated by Microgy at the Swift & Company beef processing facility in Grand Island. At the May 27, 2008 council meeting, a public hearing was conducted on this matter. Discussion The proposed Microgy facility, together with an additional holding pond, currently under construction at Swift, are intended to help reduce the flow and the solids content to our WWTP and provide an environmental friendly generation of biogas to be used in their facility. The Microgy facility meets the criteria for the issuance of these Industrial Development Revenue Bonds. These would be limited obligations of the City payable sole ly from payments made by the Company under a lease agreement with the City and will not constitute a liability to the City, nor would they be payable from any tax source. This evening, council is asked to consider the passage of the ordinance to issue these tax exempt bonds. The bond paper work is on file in the City Clerk’s office. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the ordinance. Sample Motion Move to approve the ordinance to issue Tax-Exempt Industrial Development Revenue Bonds to finance the Microgy Grand Island, LLC facility. Item G1 Receipt of Official Document - Tort Claim Filed by DeeAnn Steiner Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale Shotkoski, City Attorney Meeting: June 10, 2008 Subject: Receipt of Official Document – Tort Claim filed by DeeAnn Steiner Item #’s: G-1 Presenter(s): Dale Shotkoski, City Attorney Background The Cit y of Grand Island has received a Notice of Tort Claim on behalf of DeeAnn Steiner, alleging certain claims in connection with an accident which occurred on July 4, 2007 at the location of Third and Eddy Streets in Grand Island, Nebraska. Without getting into issues concerning the City’s and other parties’ liability, and whether the claim of DeeAnn Steiner, is fair and reasonable, we are simply providing a copy of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act. For a person to assert a tort claim against the City of Grand Island, a written notice of the claim must be filed with the City clerk, Secretary or other official responsible for keeping official records. The claim must be filed within one year of the accrual of the claim, and the Council has six months to act on the claim. No suit can be filed until after the Council acts on the claim, or the six months has run. Historically, the City of Grand Island has simply let the six months run. Not all claims result in a suit being filed, so it makes good sense to not act affirmatively in many instances. In any event, if you wish to look further into this claim, please contact the City Administrator’s office or the City Attorney, and we will provide you with the informa tion which we have in connection with the claim. Our recommendation is to continue to take no affirmative action on tort claims. It must be emphasized that by providing copies of alleged claims to you, we are not making an admission or representation that a claim has been properly filed in any respect. We also recommend that no comments concerning a particular claim be made during Council meetings, unless you decide to bring the matter on for formal consideration. Even then, we ask that comments be carefully considered so that the legal rights of all parties are preserved. Discussion This is not an item for council action other than to simply acknowledge that the claim has been received. Recommendation City Administration recommends that the Council take no action other than acknowledge receipt of the claim. Sample Motion Move to approve acknowledgement of the Tort Claim filed by DeeAnn Steiner. Item G2 Receipt of Official Document - Tort Claim Filed by Great West Casualty Company Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale Shotkoski, City Attorney Meeting: June 10, 2008 Subject: Receipt of Official Document – Tort Claim filed by Great West Casualty Company Item #’s: G-2 Presenter(s): Dale Shotkoski, City Attorney Background The City of Grand Island has received a Notice of Tort Claim from Great West Casualty Company on behalf of their insured vehicle driven by Jeff Raitt, alleging certain claims in connection with an accident which occurred on April 21, 2008 at the intersection of U.S. Highway 281 and State Street in Grand Island, Nebraska. Without getting into issues concerning the City’s and other parties’ liability, and whether the claim of Great West Casualty Company, is fair and reasonable, we are simply providing a copy of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act. For a person to assert a tort claim against the City of Grand Island, a written notice of the cla im must be filed with the City Clerk, Secretary or other official responsible for keeping official records. The claim must be filed within one year of the accrual of the claim, and the Council has six months to act on the claim. No suit can be filed until after the Council acts on the claim, or the six months has run. Historically, the City of Grand Island has simply let the six months run. Not all claims result in a suit being filed, so it makes good sense to not act affirmatively in many instances. In any event, if you wish to look further into this claim, please contact the City Attorney's office, and we will provide you with the information which we have in connection with the claim. Our recommendation is to continue to take no affirmative action on tort claims. It must be emphasized that by providing copies of alleged claims to you, we are not making an admission or representation that a claim has been properly filed in any respect. We also recommend that no comments concerning a particular claim be made during Council meetings, unless you decide to bring the matter on for formal consideration. Even then, we ask that comments be carefully considered so that the legal rights of all parties are preserved. Discussion This is not an item for council action other than to simply acknowledge that the claim has been received. Recommendation City Administration recommends that the Council take no action other than acknowledge receipt of the claim. Sample Motion Move to approve acknowledgement of the Tort Claim filed by Great West Casualty Company. Item G3 Approving Minutes of May 27, 2008 City Council Regular Meeting Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 27, 2008 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on May 27, 2008. Notice of the meeting was given in The Grand Island Independent on May 21, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember’s Brown, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. Councilmember Haase was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Pastor Scott Jones, Third City Christian Church, 4100 West 13th Street followed by the PLEDGE OF ALLEGIANCE. PUBLIC HEARINGS: Public Hearing on Request from M-Z Corporation dba J-Boys Seven Seas Lounge, 2332 North Broadwell Avenue for an Addition to Class “C-13059” Liquor License. RaNae Edwards, City Clerk reported that an application had been received from M-Z Corporation dba J-Boys Seven Seas Lounge, 2332 North Broadwell Avenue for an addition to Class “C-13059” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 9, 2008; notice to the general public of date, time, and place of hearing published on May 17, 2008; notice to the applicant of date, time, and place of hearing mailed on May 9, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Between 2777 North Broadwell Avenue and 204 East Roberts (Agricultural Services, Inc.). Robert Smith, Assistant Utilities Director reported that that a utility easement was needed between 2777 North Broadwell Avenue and 204 East Roberts in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to provide electrical service to a new pumping station and tanks now under construction by Agricultural Services and would contain primary underground cable and pad-mounted transformer. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Northwest of 3135 East Highway 30 – Elite 8 Trucking (Michael Paul Graham). Robert Smith, Assistant Utilities Director reported that that a utility easement was needed northwest of 3135 East Highway 30 – Elite 8 Trucking in order to have access to install, upgrade, ma intain, and repair power appurtenances, including lines and transformers. The easement would be used to locate underground primary electric cable and a pad-mounted transformer to provide electrical service to a new truck repair facility. Staff recommended approval. No public testimony was heard. Page 2, City Council Regular Meeting, May 27, 2008 Public Hearing on Rezoning Northview II, Lots 1-11, Block 1, from R1 Suburban Residential and R2 Low Density Residential to R3 Medium Density Residential. Chad Nabity, Regional Planning Director reported that the property is located west of North Road on Anne Marie Avenue. The purpose of the change was to build townhouse or condominium units on the property. No public testimony was heard. Public Hearing on Solid Waste Disposal Facilities Revenue Bonds for JBS Swift & Company (Microgy Grand Island, LLC Project). Nick Fourtune, Vice President of Microgy reported that on February 26, 2008, council approved the intent for the City of Grand Island to issue tax- exempt industrial development revenue bonds for Microgy Grand Island, LLC. The purpose of the bonds would defray the cost of acquisition, construction and equipping certain solid waste disposal and biogas manufacturing facilities to be operated by Microgy at the Swift & Company beef processing facility. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9169 – Consideration of Rezoning Northview II, Lots 1-11, Block 1, from R1 Suburban Residential and R2 Low Density Residential to R3 Medium Density Residential #9170 – Consideration of Amending Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Brown second the motion. Upon roll call vote, all voted aye. Motion adopted. Ordinance #9169 related to the aforementioned Public Hearing. Human Resources Director Brenda Sutherland reported Ordinance #9170 represented the changes negotiated by the Fraternal Order of Police #24 (FOP) retroactive to October 1, 2007. Ms. Sutherland highlighted those changes along with other areas of housekeeping in the salary ordinance. Discussion was held on sick leave pay out. Since this was not a comparable practice it was no longer included in the agreement. Motion by Niemann, second by Ra msey to approve Ordinances #9169 & #9170. City Clerk: Ordinances #9169 and #9170 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9169 and #9170 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Page 3, City Council Regular Meeting, May 27, 2008 Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9169 & #9170 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-14 was removed for further discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding item G-14. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 13, 2008 City Council Regular Meeting. Approving Request from Becky Janes, 2236 West 11th Street for Liquor Manager Designation for Red Lobster #0734, 3430 West 13th Street. #2008-136 – Approving 2008 High Intensity Drug Trafficking Area (HIDTA) Grant. #2008-137 – Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings with Dominion Construction Company of Scottsbluff, Nebraska in the Amount of $2,750.00 and Jerry Harders of Wood River, Nebraska in the Amount of 825.00. #2008-138 – Approving Acquisition of Utility Easement Located between 2777 North Broadwell Avenue and 204 East Roberts (Agricultural Services, Inc.) #2008-139 – Approving Acquisition of Utility Easement Located Northwest of 3135 East Highway 30 – Elite 8 Trucking (Michael Paul Graham). #2008-140 – Approving Nebraska Water Agency Response Network (WARN) Agreement. #2008-141 – Approving Contract with Moonwalks for Fun of Wichita, Kansas for Family Day in the Park Inflatable Obstacle Course. #2008-142 – Approving Bid Award for Handicap Ramp Project No. 2008-1 with Galvan Construction, Inc. of Grand Island, Nebraska in an Amount of $31,623.32. #2008-143 – Approving Bid Award for the 2008 Asphalt Resurfacing Project No. 2008-AC-1 with Gary Smith Construction Company, Inc. of Grand Island, Nebraska in an Amount of $797,882.76. #2008-144 – Approving Update to Resolution #2007-204; Purchase of (1) Wheel Loader for Use in the Sludge Disposal Operation for the Waste Water Division from Mid-Land Equipment of Omaha, Nebraska in an Amount of $12,250.00 (plus trade-in valued at $99,874.00). #2008-145 – Approving Time Extension to the Contract with The Diamond Engineering Company of Grand Island, Nebraska for Construction of Water Main District 453T and Sanitary Sewer District 522T, Lift Station #22 at the National Guard Helicopter Facility until June 30, 2008. #2008-146 – Approving Bid Award for Trucking of Sewage Sludge for the Waste Water Division with Butler County Landfill of David City, Nebraska in an Amount of $10.60 per ton. Page 4, City Council Regular Meeting, May 27, 2008 #2008-148 – Approving Agreement with McCook Community College for Advanced EMS Training Field Experience. #2008-149 – Approving Change Order #20 with Chief Construction of Grand Island, Nebraska for Law Enforcement Center in an Amount of $3,128.40 and a Decrease in Contingency Fund Balance of $22,815.14. #2008-150 – Approving Fraternal Order of Police (FOP) No. 24 Labor Agreement. #2008-147 – Approving Agreement for Preliminary Engineering Related to Safe Route to School Program for the Walk to Walnut Project with The Schemmer Associates of Lincoln, Nebraska and Sub-Consultant Rockwell & Associates of Grand Island, Nebraska for an Amount not-to- exceed $33,388.05. Discussion was held on the sub-contractor and awarding future bids to local contractors. Motion by Ramsey, second by Niemann to approve Resolution #2008-147. Upon roll call vote, Councilmember’s Brown, Zapata, Nickerson, Gericke, Carney, Ramsey, Niemann, and Meyer voted aye. Councilmember Gilbert voted no. Motion adopted. REQUESTS AND REFERRALS: Consideration of Referring Business Improvement District (BID) #8 Formation and Proposal to the Regional Planning Commission. Wes Nespor, Attorney reported BID #8 would replace the existing downtown Business Improvement District to facilitate improvements and to develop and promote a variety of beneficial activities within the downtown area. State Statutes require this matter be referred to the Regional Planning Commission. Motion by Gilbert, second by Brown to approve referring Business Improvement District (BID) #8 Formation and Proposal to the Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2008-151 – Consideration of Request from M-Z Corporation dba J-Boys Seven Seas Lounge, 2332 North Broadwell Avenue for an Addition to Class “C-13059” Liquor License. RaNae Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Motion by Nickerson, second by Zapata to approve Resolution #2008-151 contingent upon final inspections. Upon roll call vote, all voted aye. Motion adopted. Sgt. Dale Hilderbrand, President of the Fraternal Order of Police (FOP) No. 24 was present to sign the FOP Agreement. Mayor Hornady thanked the FOP and the City for negotiating an agreement. Page 5, City Council Regular Meeting, May 27, 2008 PAYMENT OF CLAIMS: Motion by Brown, second by Zapata to approve the Claims for the period of May 14, 2008 through May 27, 2008, for a total amount of $4,056,659.10. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 7:37 p.m. RaNae Edwards City Clerk Item G4 Approving Minutes of June 3, 2008 City Council Study Session Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION June 3, 2008 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on June 3, 2008. Notice of the meeting was given in the Grand Island Independent on May 28, 2008. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann, and Meyer. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Public Works Director Steve Riehle, and Finance Director David Springer. INVOCATION was given by Pastor Charles Greggory, First Baptist Church, 811 West 10th Street followed by the PLEDGE OF ALLEGIANCE. Recognition of Grand Island Senior High Boys Baseball 2008 Championship. Mayor Hornady and the City Council recognized the following Grand Island Senior High Boys Baseball Team and Coaches for the 2008 Championship Win: Adam Brown, Luke Farrar, Kash Kalkowski, Casey Griffin, Max Ayoub, Slade Bolles, Aaron Roberg, AJ Fruchtl, Aaron Scarborough, Jimmy Reed, Dylan Meier, Pete Kropp, Grant Baird, Dalton Ryba, Eric Schwieger, Brandon Tjaden, Bobby Yager, Nick Hines, Nathan Zook, and Kriby Wells along with Head Coach Rick Kissack and Pitching Coach Kevin Kier. Presentation of Groundwater Issues. Steve Riehle, Public Works Director reported that at the March 18, 2008 City Council Study Session, results of the groundwater survey were presented. Council requested staff bring back options to Council for further review. Mr. Riehle gave a PowerPoint presentation with the following solutions for groundwater intrusion: · Raise basements * Quick fix, creation of crawlspaces, creation of a full basement · Prohibit construction of new homes with basements * Some communities prohibit the construction of basements * The 2007 survey reported that a large majority of homes with groundwater intrusion problems were built before 1995 (141 out of 149) * 1995 requirement of subsurface drainage system for new construction · Set a minimum basement elevation for new home construction * Prescribe a minimum elevation for new basement construction using information from studies of highest groundwater elevations * This would have to be done on a lot by lot basis · Utilize de-commissioned municipal water wells as dewatering wells * Contaminatio n of de-commissioned municipal water wells · Build Full project from 2000 Dewatering Study * $23.2 million cost Page 2, City Council Study Session, June 3, 2008 * 2 identified areas * Installation of de-watering wells * Construction of discharge system - Discharge system is 85% or $19.7 million of the overall cost * Individual dewatering systems no longer needed * Expenses reduced for individuals with groundwater intrusion * Frees up space in the public storm sewer and sanitary sewer systems · Build Half Project from 2000 Dewatering Study * Substantial cost * Covers portion of identified areas * Installation of de-watering wells * Construction of discharge system - Discharge system is 85% or $19.7 million of the overall cost * Individual dewatering systems no longer needed * Expenses reduced for individuals with groundwater intrusion * Frees up space in the public storm sewer and sanitary sewer systems · Neighborhood Dewatering Districts * Current petition for creation of a neighborhood dewatering district - Currently 17 signatures * Smaller districts easier to manage/implement * District residents pay according to benefit * Greater quantity of water discharged then individual system - A single basement dewatering system with one pump discharges 80 gallons per minutes (GPM). The system designed in 2000 pumps 10,600 GPM (over 15 Million Gallons per Day) 24 hours per day for 365 days per year. · Discharge Option for Individual Dewatering * No capacity in existing gravity sanitary sewer lines, lift stations and force mains * Challenges to treating clean water · Sanitary Sewer System * System overload * Increased backups · Storm Sewer * Connect to storm sewer if available * Storm sewer districts built adjacent to each house * Quick fix * Minimal cost * Not always available * Utilizes existing storm sewer capacity * Allowed individual system connections · Ditch * Discharge to ditch if available * Causes constant source of water, hard to mow, kills grass, raises mosquito concerns, and adds to the problem down-gradient * Many areas of the community were developed before the city had jurisdiction over the area. These areas do not have storm sewer and the streets are substandard asphalt with no curb and gutter. Page 3, City Council Study Session, June 3, 2008 · Creation of a Storm Sewer District * Create a paving and storm sewer district * Create a storm sewer only district The following recommendations were presented: · Work with homeowners that wish to raise their basements · Allow construction of new homes with basements, share groundwater elevation information from past studies with homeowner/builder as part of the building permit process · Leave the decommissioned municipal water wells off-line · Continue to pursue funding for an outlet for the dewatering project that was identified in the 2000 groundwater study which allows for construction of any of the following: - Full dewatering project - Half dewatering project - Neighborhood dewatering districts · Provide an outlet for individual dewatering systems by creating neighborhood Street/Storm Sewer of Storm Sewer Only districts to council as requested by neighborhoods The following people spoke: · Roger Lindley, 923 East Phoenix Avenue · Cindy Larsen, 2011 Circle Drive · Edward Ryan, 1123 South Eddy Street Gary Mader, Utilities Department Director answered questions concerning city wells and filtration systems for those wells. Mr. Mader presented background information on the wells within the city. Discussion of additional wells was not feasible due to contamination. The Utilities Department would look into the cost of filtration systems. Jeff Pederson, City Administrator commented on the survey and the number of homes affected. Discussion was held concerning the funding of any projects. Mayor Hornady commented on a multifaceted approach to best solve these problems. Council recessed at 9:00 p.m. and reconvened at 9: 15 p.m. Discussion of 2008-2009 City Council Goals: Jeff Pedersen, City Administrator reported that challenges lie ahead of the City in the area of financial resources and the need to re-determine fiscal policies. Mr. Pedersen stressed the importance of discussing the attainability of prospective goals in a one-year goal timeline. David Springer, Finance Director updated the council on the following committed costs per year: · Heartland Events Center $570,000 2025 · Library Expansion $830,000 2016 · Law Enforcement Center $855,000 2018 · EDC $750,000 2013 Total $3,005,000 Page 4, City Council Study Session, June 3, 2008 The following goals were reviewed: Public Safety 1. Seek and secure funding for the development of the Fire Training Facility 2. Complete construction of Fire Station #1 (Completed) 3. Complete construction of Police/Sheriff Law Enforcement Center (Project virtually complete) 4. Secure funding and begin upgrade of Emergency Communication Center (Project virtually complete) Economic Development 5. Assist in creating and retaining quality jobs through LB 840 program (On-going) 6. Assist CRA in identifying and creating new business redevelopment projects (On-going) Infrastructure 7. Support infrastructure for sustained housing/commercial development (On-going) 8. Begin incremental implementation of the Railroad Corridor Study (Review engineering study recommendations and proceed accordingly) 9. Prepare a master plan for infrastructure development south of Grand Island (Determine funding and timetable for South Locust Street improvements) Government Efficiencies 10. Seek inter local partnerships that eliminates duplication and promotes efficiency (On- going) 11. Complete a comprehensive City Code review and update (On-going) 12. Develop a budget with no increase in the property tax levy (Completed) 13. Develop criteria for outside agency funding (On-going) Quality of Life 14. Complete construction of the Library expansion project (Completed) Page 5, City Council Study Session, June 3, 2008 15. Construct a children’s play area at Island Oasis (Consider mult i-year funding plan with targeted completion date) 16. Continue to support development of the Heartland Public Shooting Park (Focus on promotional programs and activities) 17. Update Parks and Recreation master plan (Consider appropriation of $60,000 in FY 08/09 Budget) 18. Start construction of Aerated Static Pile facility (Abandoned in favor of anaerobic digesters) 19. Implement the Community Appearance Plan (Increase funding in 08/09 budget for property acquisition and demolition) Public Health 20. Secure funding and begin construction of the Household Hazardous Waste facility (Continue with present efforts) 21. Continue to aggressively address environmental issues and advocate for citizens (On- going) 22. Develop language for smoking restrictions to be considered to be placed on the ballot (Completed) Additional goals suggested by Council were: · State Fair Relocation (Infrastructure) · Broadwell Grade Separation (Infrastructure) · Groundwater Mitigation (Quality of Life) · Investigate County Industrial Tracts (Government Efficiencies) ADJOURNMENT: The meeting was adjourned at 10:30 p.m. RaNae Edwards City Clerk Item G5 Approving Re-Appointment of Paul Leeper to the Civil Service Commission The Mayor has submitted the name of Paul Leeper to the Civil Service Commission. This re- appointment would become effective immediately upon Council approval and would expire on June 1, 2014. Approval is recommended. Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item G6 #2008-152 - Approving Authorization of Settlement with John R. Menard for Property along Capital Avenue Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Council Agenda Memo From: Wesley D. Nespor, Legal Department Meeting: June 10, 2008 Subject: Authorize Settlement of Menard Appeal Item #’s: G-6 Presenter(s): Wesley D. Nespor, Attorney Background The City previously authorized an improvement project to widen a portion of Capital Avenue. It was necessary to acquire permanent and temporary rights-of-way and easements to complete this project as designed. Negotiations to purchase the needed property from John R. Menard stalled and eminent domain proceedings were commenced. The Board of Appraisers awarded the sum of $126,230.00 which was deposited by the City last year in an account controlled by the Hall County Court. Mr. Menard appealed the award to the District Court seeking more money. Discussion After due consideration of all the factors, costs, and the potential outcome of a new trial in District Court, a settlement was negotiated by the legal department with John R. Menard subject to approval by the Nebraska Department of Roads (NDOR) and the City Council. Pre-approval has been received from the NDOR and approval is now sought from the Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Move to deny Recommendation City Administration recommends that the Council approve a resolution authorizing settlement with John R. Menard as follows: That the One Hundred Twenty-Six Thousand Two Hundred Thirty Dollars ($126,230.00) deposited with the Hall County Court in Case No. CI07-4107, together with any interest accrued thereon, may be released to John R. Menard. The City of Grand Island, Nebraska, shall pay to John R. Menard the additional sum of Thirty-Seven Thousand Two Hundred Eighty-Three Dollars and Sixty-Six Cents ($37,283.66) in full and complete settlement of all claims and damages arising out of the public taking of the subject property. Each party shall be responsible for its own costs and attorneys fees and no additional interest will be due on the settlement except the interest that has accrued on the amount deposited in County Court. Nothing in this Stipulation is intended to affect the City of Grand Island’s ability to specially assess the adjoining real estate for street improvements. Sample Motion Move to approve a resolution authorizing settlement with John R. Menard under the terms negotiated by the legal department. Approved as to Form ¤ ___________ June 5, 2008 ¤ City Attorney R E S O L U T I O N 2008-152 WHEREAS, the City of Grand Island, Nebraska condemned certain real estate belonging to John R. Menard; and WHEREAS, John R. Menard appealed the award of appraisers to the Hall County District Court; and WHEREAS, a settlement has been negotiated that is fair and reasonable; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the settlement is approved and the Mayor is authorized to sign the settlement agreement which provides, in pertinent part: That the One Hundred Twenty-Six Thousand Two Hundred Thirty Dollars ($126,230.00) deposited with the Hall County Court in Case No. CI07-4107, together with any interest accrued thereon, may be released to John R. Menard. The City of Grand Island, Nebraska, shall pay to John R. Menard, the additional sum of Thirty- Seven Thousand Two Hundred Eighty-Three Dollars and Sixty-Six Cents ($37,283.66) in full and complete settlement of all claims and damages arising out of the public taking of the subject property. Each party shall be responsible for its own costs and attorneys fees and no additional interest will be due on the settlement except the interest that has accrued on the amount deposited in County Court. Nothing in this Stipulation is intended to affect the City of Grand Island’s ability to specially assess the adjoining real estate for street improvements. Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2008-153 - Approving 2009 CDBG Community Revitalization Phase III Grant Application This item relates to the aforementioned Public Hearing Item E-3. Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Approved as to Form ¤ ___________ June 5, 2008 ¤ City Attorney R E S O L U T I O N 2008-153 WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local government authorized to file an application through the Nebraska Department of Economic Development for a Community Development Block Grant; and WHEREAS, the Nebraska Department of Economic Development is presently accepting grant applications for community revitalization; and WHEREAS, a grant application has been prepared to request funding for water main replacement, direct rehabilitation for homeowners and down payment assistance for first time homebuyers; and WHEREAS, a $254,230 grant is being requested to fund such programs, $120,000 of which will be used for water main replacement, $108,314 for direct rehabilitation for homeowners and/or down payment assistance for first time homebuyers, 7% ($17,796) will be for General Administration, and 7% (8,120) will be used for Housing Administration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City of Grand Island, Nebraska is hereby authorized to apply for financial assistance from the Nebraska Department of Economic Development for the purpose of funding water main replacement, Owner Occupied Rehabilitation and Down Payment Assistance for First Time Homebuyers for the City of Grand Island. 2. The Mayor is hereby authorized and directed to execute such grant application and other documentation on behalf of the City of Grand Island for such grant process. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G8 #2008-154 - Approving Contract for Affordable Housing Market Study CDBG 07-PP-021 Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Administrator Meeting: June 10, 2008 Subject: Award Contract for Affordable Housing Market Study, CDBG #07-PP-021 Item #’s: G-8 Presenter(s): Joni Kuzma, Community Development Administrator Background In January 2008, the Nebraska Department of Economic Development awarded a $25,000 CDBG Planning Grant to the City of Grand Island for completion of an Affordable Housing Market Study. The City will provide up to $16,500 in matching funds for a total project cost not to exceed $41,500. This Study will replace the previous Housing Study which was completed in 2001 and expired in 2006. Discussion A Request for Proposals was published in the April 7, 2008 Grand Island Independent and sent to seven (7) potential respondents. Four proposals were received by the City Clerk prior to the May 5, 2008, 4:00 p.m. deadline. A 3-member selection committee scored each proposal according to the criteria identified in the Request for Proposals. Those criteria included firm experience, approach to the study, qualifications of the project team, references, proposed project schedule, and proposed cost. Based on the cumulative score for each proposal, The Schemmer Associates, Inc. received the highest score and is recommended for approval to complete the Affordable Housing Market Study for an amount not to exceed $37,500. 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 awarding the contract for an Affordable Housing Market Study to The Schemmer Associates, Inc. and authorizing the Mayor to sign all related documents Sample Motion Move to award the contract for an Affordable Housing Market Study to The Schemmer Associates, Inc. of Omaha, Nebraska and authorize the Mayor to sign all related documents. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR AFFORDABLE HOUSING MARKET STUDY RFP DUE DATE: May 5, 2008 at 4:00 p.m. DEPARTMENT: Community Development PUBLICATION DATE: April 7, 2008 NO. POTENTIAL BIDDERS: 7 SUMMARY OF PROPOSALS RECEIVED Western Economic Services, LLC JEO Consulting Group, Inc. Portland, OR Lincoln, NE Hanna:Keelan Associates, P.C. The Schemmer Associates, Inc. Lincoln, NE Omaha, NE cc: Chad Nabity, Regional Planning Director Joni Kuzma, Com. Dev. Admin. Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney P1251 AGREEMENT THIS AGREEMENT, is entered into by the CITY OF GRAND ISLAND, hereinafter the “City”, and The Schemmer Associates Inc., 1044 North 115th Street, Suite 300, Omaha, Nebraska, 68508, hereinafter the “Contractor.” WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement of a Request for Proposals for an Affordable Housing Market Study for the City of Grand Island, and WHEREAS, the City, in the manner prescribed by law, has public ly opened, examined, and canvassed the proposals submitted, and has determined that the aforesaid Contractor submitted the best proposal based on the evaluation criteria listed in the Request For Proposals, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Affordable Housing Market Study proposal submitted by the Contractor, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his (hers), or their successors, as follows: 1. PURPOSE. The purpose of this Agreement is to provide a contract whereby the Contractor agrees to provide economic, demographic and housing data to the City as provided for in the Scope of Work. (Attachment 1) 2. EFFECTIVE DATE AND TIME OF PERFOMANCE. This Agreement takes effect upon its execution by the parties hereto, and is effective June 10, 2008 through June 10, 2010. 3. SCOPE OF WORK. See Attachment 1. 4. ASSISTANCE. The Schemmer Associates, Inc., through the City and Community Development Division, will furnish the Contractor with the assistance and direction in developing and refining the information provided in the Scope of Work listed as number 3 above. 5. COMPENASATION AND METHOD OF PAYMENT. That the City shall pay to the contractor for the performance of the work embraced in this contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of Thirty seven thousand five hundred dollars ($37,500) for all services, ma terials, and work covered by and included in the contract award and designated in the Scope of Work; payments thereof to be made in cash or its equivalent in the manner provided in the contract. 6. CONFLICT OF INTEREST. The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in any activity which would conflict in any manner or degree with the performance of its services under this Agreement. The Contractor further covenants that, in performing its duties under this Agreement, it will employ no person who has any who has any such interest. 7. MODIFICATION AND ASSIGNABILITY OF CONTRACT. This Agreement contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in this Agreement, are valid or binding. This Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties. The Contractor may not subcontract or assign its rights, including the right to compensation, or duties arising under this Agreement, except as specified in this Agreement, without receiving prior written consent from the City. All of the terms and conditions of this Agreement will bind any subcontractor or assignee. 8. SUSPENSION, TERMINATION and CLOSE OUT. If the Consultant fails to comply with the terms and conditions of this contract the City may pursue such remedies as are legally available including, but not limited to the suspension or termination of this contract in the manner specified herein: a. Suspension. If the Consultant fails to comply with the terms and conditions of this contract, or whenever the Consultant is unable to substantiate full compliance with the provisions of this contract, the City may suspend the contract pending corrective actions or investigate effective not less than 7 days following written notification to the Consultant or its authorized representative. The suspension will remain in full force and effect until the Consultant has taken corrective action to the satisfaction of the City and is able to substantiate its full compliance with these terms and conditions of this contract. No obligations incurred by the Consultant or its authorized representatives during the period of suspension will be allowable under the contract except; i. Reasonable, proper and otherwise allowable costs which the Consultant could not avoid during the period of suspension. ii. If upon investigation, the Consultant is able to substantiate complete compliance with the terms and conditions of this contract, otherwise allowable costs incurred during the period of suspension will be allowed. iii. In the event all or any portion of work prepared or partially prepared by the Consultant be suspended, abandoned, or otherwise terminated the City shall pay the Consultant for work performed to the satisfaction of the City, in accordance with the percentage of the work completed. b. Termination for Cause. If the Consultant fails to comply with the terms and conditions of this contract and any of the following conditions exist: i. The lack of compliance with the provisions of this contract is of such scope and nature that the City deems continuation of the contract to be substantially detrimental to the interests of the City. ii. The consultant has failed to take satisfactory action as directed by the City or its authorized representative within the time specified by same. iii. The consultant has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this contract; then, the City may terminate this contract in whole or in part, and thereupon shall notify the Consultant of the termination, the reasons therefore, and the effective date provided such effective date shall not be prior to notification of the Consultant. After this effective date, no charges incurred under any terminated portions are allowable. c. Termination for Other Grounds. This contract may also be terminated in whole or in part: i. By the City, with the consent of the Consultant, or by the Consultant with the consent of the City, in which case the two parties shall devise by mutual agreement, the conditions of termination in part, that portion to be terminated. ii. If the funds allocated by the City via this contract are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in purchasing said services. iii. In the event the City fails to pay the Consultant promptly or within 60 days after invoices are rendered, the City agrees that the Consultant shall have the right to consider said default a breach of this agreement and the duties of the Consultant under this agreement terminated. In such an event, the City shall then promptly pay the Consultant for all services performed and all allowable expenses incurred. iv. The City may terminate this contract at any time giving at least 10 days notice in writing to the Consultant. If the contract is terminated for convenience of the City as provided herein, the Consultant will be paid for time provided and expenses incurred up to the termination date. 9. COMPLIANCE WITH FEDERAL AND STATE LAW. Contractor agrees to comply with all state, federal, and municipal laws and regulations, including but not limited to the following: A. Section 109 of the Housing and Community Development Act of 1974. The Contractor and all subcontractors will comply with the following provision: No person of the United States may, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity founded in whole or in part with the fund made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. B. Minority Business Enterprise. Consistent with the provisions of Executive Order 11246, the Contractor will take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the Contractor will document all affirmative steps taken to solicit minority businesses and will forward this documentation along with the names of the minority subcontractors and suppliers to the City upon request. C. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48- 657, R.R.S.1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. 10. HOLD HARMLESS AND INDEMNIFICATION. The Contractor agrees that it is liable for any loss to the City which occurs due to the negligence, intentional acts, or failure for any reason, to comply by the Contractor and/or its agents, employees, subcontractors, or representatives with the terms of the contract. The Contractor further agrees to protect, defend and save the City, its appointed officials, agents, and employees, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense therefore, arising in favor of the Contractor’s employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts of omissions of the Contractor and/or its agents, employees, subcontractors, representatives, or the City under this Agreement. 11. COMMENCE WORK: The contractor shall start work as soon as possible after the contract is signed. 12. ELIGIBILITY. The Contractor certifies that the Contractor’s firm and the firm’s principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive order 12549, “Debarment and Suspension.” (24 CFR 24.505). 13. NOTICE. Notice will be sufficient if in writing and mailed to the parties’ liaisons at the addresses noted above. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first above written. Contractor: THE SCHEMMER ASSOCIATES, Inc. By: ________________________ ______________________ Bruce Fountain, AICP, EDFP Tax Identification Number Title : ______________________ Date: ___________________ CITY OF GRAND ISLAND, NEBRASKA By: ________________________________ Date: ____________________ Margaret Hornady, Mayor Attest: ____________________________ Date: ____________________ RaNae Edwards, City Clerk The contract is in due form according to law and is hereby approved. ________________________________________________________ Wesley D. Nespor, Assistant City Attorney ATTACHMENT 1 Scope of Work: The Affordable Housing Market Study will identify current needs for and gaps in community housing, outline a 5-year plan for housing development, focus on housing and infrastructure needs of 14 identified low-to-moderate income (LMI) areas, recommend housing strategies based on collected data, and provide an overview of housing throughout Grand Island. The selected consultant will be expected to perform the entire scope of services, including the following and other items as mentioned in the submitted proposal, but not limited to: · Determine depth and durability of housing market · Provide demographic analysis and estimated demand · Project employment related housing needs · Collect necessary data to evaluate and determine housing needs in each LMI area · Prioritize LMI areas by degree of housing needs · Identify significant infrastructure deficiencies or needs by area · Coordinate and conduct public meetings · Work with CD staff to recruit a steering committee & define responsibilities · Provide data to CD staff as needed for grant reporting · Provide verification of work completed and appropriate paperwork for drawdowns · Other objectives as identified and agreed upon by the consultant and the City · Provide 6-10 draft copies and an electronic copy for public review prior to approval of study · Provide completed 18 bound copies of the studies, two unbound copies, and one electronic copy, including reproducible attachments Approved as to Form ¤ ___________ June 6, 2008 ¤ City Attorney R E S O L U T I O N 2008-154 WHEREAS, in January 2008, the City of Grand Island, Nebraska, received a $25,000 Community Development Block Grant (CDBG) through the Nebraska Department of Economic Development; and WHEREAS, the CDBG Planning Grant was awarded for completion of an Affordable Housing Market Study; and WHEREAS, on April 7, 2008 an invitation for request for proposals was advertised in the Grand Island Independent and is on file with the City Clerk’s Office; and WHEREAS, on May 5, 2008, proposals were received and reviewed; and WHEREAS, the Community Redevelopment Authority and the Grand Island Area Economic Development Corporation have committed to a portion of the required 25% of matching funds; and WHEREAS, The Schemmer Associates, Inc. of Omaha, Nebraska, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code, for a contracted amount not to exceed $37,500.00. WHEREAS, said contract will be in effect from June 10, 2008 through June 10, 2010; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from The Schemmer Associates, Inc. of Omaha, Nebraska, to complete an Affordable Housing Market Study as funded through a Community Development Block Grant from the Nebraska Department of Economic Development, be approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island for this Planning Grant. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: - 2 - _______________________________ RaNae Edwards, City Clerk Item G9 #2008-155 - Approving Contract for Housing Management and Lead Based Paint Services CDBG 07-CR-002 Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: June 10, 2008 Subject: Approve Contract for Housing Management and Lead Based Paint Specialized Services for CDBG Grant #07-CR-002 Item #’s: G-9 Presenter(s): Joni Kuzma, Community Development Administrator Background The Nebraska Department of Economic Development (NEDED) has awarded the City of Grand Island Community Development Block Grant (CDBG) funding to facilitate community revitalization. This is the second phase of a three-phase program. The City was awarded CDBG funds in the amount of $261,010, in which $242,740 will be used for direct rehabilitation for homeowners or down payment assistance for first time homebuyers. Up to 7% of the grant may be used by Community Development for General Administration. Housing Administration and Lead Based Paint Services is budgeted at up to 7% ($22,992). However, due to an anticipated increase in Lead Based Paint Clearance costs, an additional $3,000 may be paid out of General Administration funds, if needed. The total contract amount may not exceed $25,992. Because of staff changes in the Community Development Division, the Housing Management portion of this grant will be contracted to a certified firm for completion. General Administrative duties will continue to be managed by the state Certified Grant Administrator, Joni Kuzma, and transition to Barb Quandt when she passes the state certification test. Discussion A Request for Proposals was published in the May 5, 2008 Grand Island Independent and sent to five (5) potential respondents. Two proposals were received by the City Clerk prior to the May 20, 2008, 4:00 p.m. deadline. A 2-member selection committee scored each proposal according to the criteria identified in the Request for Proposals. Those criteria included consultant experience, familiarity with Grand Island and similar programs, approach to the project, ability to provide required services, proposed schedule & capacity to provide service, references, and ability to work within grant award allocations. Community Development Services, LLC received the highest score and is recommended for approval to provide Housing Management and Lead Based Paint Specialized Services for an amount not to exceed $25,992. The contract agreement term will be June 10, 2008 through the end of the contract as set by the Department of Economic Development. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the contract with Community Development Services, LLC for Housing Management and Lead Based Paint and give approval for the Mayor to sign all related documents. Sample Motion Move to approve the contract with Community Development Services, LLC of Plainview, Nebraska for Housing Management and Lead Based Paint and authorize the Mayor to sign all related documents. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR HOUSING MANAGEMENT & LEAD BASED PAINT SPECIALIZED SERVICES RFP DUE DATE: May 20, 2008 at 4:00 p.m. DEPARTMENT: Community Development PUBLICATION DATE: May 2, 2008 NO. POTENTIAL BIDDERS: 5 SUMMARY OF PROPOSALS RECEIVED Housing Development Corporation Community Development Services LLC Hastings, NE Plainview, NE cc: Joni Kuzma, Community Development Admin. Jeff Pederson, City Administrator David Springer, Finance Director Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney P1253 10551.doc Page 1 of 8 COMMUNITY DEVELOPMENT SERVICES, LLC SERVICE / CONSULTANT AGREEMENT FOR HOUSING ADMINISTRATION THIS AGREEMENT made and entered into by and between the City of Grand Island, Nebraska, hereinafter referred to as the “City” and Community Development Services, LLC, hereinafter referred to as the “Consultant.” WITNESSES THAT: WHEREAS, the City and the Consultant are desirous of entering into a contract to formalize their relationship, and WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended through 1981, the State of Nebraska Department of Economic Development (DED) is authorized by the federal Department of Housing and Urban Development (HUD) to provide Community Development Block Grant Program funds (hereinafter referred to as CDBG funds) to units of local government selected to undertake and carry out certain programs and projects under the Nebraska State Community Development Block Grant Program in compliance with all applicable local, state and federal laws, regulations and policies, and WHEREAS, the City has been notified of CDBG funds reservation as a result of a CDBG application #07-CR-002 for the purposes set forth herein, and WHEREAS, the Scope of Work included in this contract is authorized as part of the City’s approved CDBG program, and WHEREAS, it would be beneficial to the City to utilize the Consultant as an independent entity to accomplish the Scope of Work set forth herein and such endeavor would tend to best accomplish the objectives of the local CDBG program. NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions contained herein and the mutual benefits to be derived therefrom, the parties hereto agree as follows: 1. Services to be Provided by the Parties a. The Consultant shall complete in a satisfactory and proper manner as determined by the City the work activities described in the Scope of Work (Attachment #1 to the contract). b. The City will provide such assistance and guidance as may be required to support the objectives set forth in the Scope of Work and will provide compensation for services as set forth in Section 3 below. 2. Time of Performance The effective date of this contract shall be the date of selection by the City. The termination date of the contract shall be upon the end of the required monitoring period as determined later by DED. 3. Consideration The City shall reimburse the Consultant for all allowable expenses agreed upon by the parties to complete the Scope of Work. In no event shall the total amount reimbursed by the City exceed the grant allowance of 7% of total award amount for Housing Administration (or $22,992), plus an additional $3,000 for excess Lead Based Paint costs, if needed. The additional funds will be paid out of General Administration funds. The total contract amount may not exceed $25,992. It is expressly understood 10551.doc Page 2 of 8 that claims for reimbursement shall not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of this agreement. It is also understood that this contract is funded in whole with CDBG funds through the State of Nebraska Community Development Block Grant Program as administered by DED and is subject to those regulations and restrictions normally associated with federally funded programs and any other requirements that the state may prescribe. 4. Records The Consultant agrees to maintain such records and follow such procedures as may be required under OMB Circular A102 and any such procedures that the City and DED may prescribe. In general such records will include information pertaining to the contract, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards (as appropriate), and performance. All such records and all other records pertinent to this contract and work undertaken under this contract shall be retained by the Consultant for a period of four years after the final audit of the City’s CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City shall request a longer period for record retention. The City, DED and duly authorized officials of the state and federal government shall have full access and the right to examine any pertinent documents, papers, records and books of the Consultant involving transactions to this local program and contract. 5. Relationship The relationship of the Consultant to the City shall be that of an independent Consultant rendering professional services. The consultant shall have no authority to execute contracts or to make commitments on behalf of the City and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City and the Consultant. 6. Suspension, Termination and Close Out If the Consultant fails to comply with the terms and conditions of this contract the City may pursue such remedies as are legally available including, but not limited to the suspension or termination of this contract in the manner specified herein: a. Suspension. If the Consultant fails to comply with the terms and conditions of this contract, or whenever the Consultant is unable to substantiate full compliance with the provisions of this contract, the City may suspend the contract pending corrective actions or investigate effective not less than 7 days following written notification to the Consultant or its authorized representative. The suspension will remain in full force and effect until the Consultant has taken corrective action to the satisfaction of the City and is able to substantiate its full compliance with these terms and conditions of this contract. No obligations incurred by the Consultant or its authorized representatives during the period of suspension will be allowable under the contract except; i. Reasonable, proper and otherwise allowable costs which the Consultant could not avoid during the period of suspension. ii. If upon investigation, the Consultant is able to substantiate complete compliance with the terms and conditions of this contract, otherwise allowable costs incurred during the period of suspension will be allowed. iii. In the event all or any portion of work prepared or partially prepared by the Consultant be suspended, abandoned, or otherwise terminated the City shall pay the Consultant for work 10551.doc Page 3 of 8 performed to the satisfaction of the City, in accordance with the percentage of the work completed. b. Termination for Cause. If the Consultant fails to comply with the terms and conditions of this contract and any of the following conditions exist: i. The lack of compliance with the provisions of this contract is of such scope and nature that the City deems continuation of the contract to be substantially detrimental to the interests of the City. ii. The consultant has failed to take satisfactory action as directed by the City or its authorized representative within the time specified by same. iii. The consultant has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this contract; then, the City may terminate this contract in whole or in part, and thereupon shall notify the Consultant of the termination, the reasons therefore, and the effective date provided such effective date shall not be prior to notification of the Consultant. After this effective date, no charges incurred under any terminated portions are allowable. c. Termination for Other Grounds. This contract may also be terminated in whole or in part: i. By the City, with the consent of the Consultant, or by the Consultant with the consent of the City, in which case the two parties shall devise by mutual agreement, the conditions of termination in part, that portion to be terminated. ii. If the funds allocated by the City via this contract are from anticipated sources of revenue, and if the anticipated sources of revenue do not become available for use in purchasing said services. iii. In the event the City fails to pay the Consultant promptly or within 60 days after invoices are rendered, the City agrees that the Consultant shall have the right to consider said default a breach of this agreement and the duties of the Consultant under this agreement terminated. In such an event, the City shall then promptly pay the Consultant for all services performed and all allowable expenses incurred. iv. The City may terminate this contract at any time giving at least 10 days notice in writing to the Consultant. If the contract is terminated for convenience of the City as provided herein, the Consultant will be paid for time provided and expenses incurred up to the termination date. 7. Changes, Amendments, Modifications The City may, from time to time, require changes or modifications in the scope of services to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation therefore, which are mutually agree upon by the City and the Consultant shall be incorporated in written amendments to this contract. 8. Personnel The Consultant represents that he/she has, or will secure at his/her own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees or have any contractual relationship to the City. All services required hereunder will be performed by the Consultant or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or local law to perform such services. 10551.doc Page 4 of 8 None of the work or services covered by this contract shall be subcontracted without prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this contract. 9. Assignability The Consultant shall not assign any interest on this contract, and shall not transfer any interest on this contract (whether by assignment or notation), without prior written consent of the City thereto; provided, however, that claims for money by the Consultant from the City under this contract may be assigned to a bank, trust company, or other financial institutions without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City. 10. Reports and Information The Consultant, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. 11. Findings Confidential All of the reports, information, data, etc., prepared or assembled by the Consultant under this contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without prior written approval of the City. 12. Copyright No reports, maps, or other documents produced in whole or in part under this contract shall be subject of an application for copyright by or on behalf of the Consultant. 13. Compliance With Local Laws The Consultant shall comply with all applicable laws, ordinances and codes of the state and local governments and the Consultant shall hold the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this contract and from failure to comply with any condition or term of this contract. 14. Executive Order 11246* (APPLICABLE TO CONSTRUCTION CONTRACTORS ONLY) 15. Title VI of the Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits or, or be subjected to discrimination under any program or activity receiving federal financial assistance. 16. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 17. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities a. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as 10551.doc Page 5 of 8 amended, 12 U 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provision of said Section 3. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these provisions. c. The Consultant will send to each labor organization or representative or workers with which he/she has collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative or his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or receipt of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Consultant will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its consultants and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 18. Age Discrimination Act of 1975, As Amended (42 U.S.C. 6161, et.seq.) The law provides that no person will be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. 19. Section 504 of the Rehabilitation Act of 1973, As Amended (29 U.S.C. 794) The law provides that no otherwise qualified individual will, solely by reason of his other handicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal assistance funds. 20. Executive Order 11246, As Amended This Order applies to all federally assisted construction contracts and subcontracts. The Grantee and subcontractors, if any, will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Grantee and subcontractors, if any, will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. 21. Conflict of Interest No officer, employee or agent of the Grantee who will participate in the selection, the award, or the administration of this grant may obtain a personal or financial interest or benefit from the activity or have 10551.doc Page 6 of 8 an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. It is further required that this stipulation be included in all subcontracts to this contract. Upon written request, exception may be granted upon a case by case basis when it is determined that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. These exceptions are granted by DED. 22. Audits and Inspections The City, DED, the State Auditor and HUD or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the CDBG project and this contract, by whatever legal and reasonable means are deemed expedient by the City, DED, the State Auditor and HUD. 23. Hold Harmless The Consultant agrees to indemnify and hold harmless the City, its appointed and elective officers and employees, from and against all loss and expense, including attorney's fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officers and employees from damages sustained by any person or persons, arising out of or in consequence of the Consultant's and its agents' negligent performance of work associated with this agreement. The Consultant shall not be liable for property and bodily injury as may result from the negligence of any construction contractor or construction subcontractor. This agreement contains all terms and conditions agreed to by the City and the Consultant. The attachments to this agreement are identified as follows: Attachment #1, Scope of Work, consisting of one page. WITNESS WHEREOF, the City and the Consultant have executed this contract agreement as of the date and year last written below. CONTRACTOR: COMMUNITY DEVELOPMENT SERVICES, LLC BY _______________________________ Leigh Alexander TITLE ____________________________ CDBG Certified Administrator DATE _____________________________ CITY OF GRAND ISLAND, NEBRASKA BY ________________________________ Margaret Hornady, Mayor DATE ______________________________ ATTEST: ___________________________ RaNae Edwards, City Clerk 10551.doc Page 7 of 8 The contract is in due form according to law and is hereby approved. ________________________________________________________ Wesley D. Nespor, Assistant City Attorney 10551.doc Page 8 of 8 ATTACHMENT 1 SCOPE OF WORK THE CONTRACTOR WILL AS FOLLOWS: 1. Provide housing administrative services for CDBG housing rehabilitation program. 2. Serve as the representative between homeowners, building contractors and the City for rehabilitation projects. 3. Assist city staff in maintaining housing rehabilitation project files. 4. Conduct preliminary inspections of homes pre-approved by city staff. 5. Prepare all work write-ups. 6. Perform ongoing construction monitoring inspections. Community Development staff may shadow inspections. 7. Work closely with new Community Development Administrator in learning and understanding rehabilitation and down payment assistance guidelines and provide opportunity for hands-on experience. 8. Ensure compliance with HUD’s Lead-Based Paint Regulations, and provide or arrange for Lead- Based Paint Inspections, Risk Assessments and Clearance Testing as needed. 9. Verify work completed and provide payment requests to city staff. 10. Perform final inspections and certify completion of work. 11. Provide progress reports to the City of Grand Island as requested. 12. Perform other related work necessary for NAHP housing rehabilitation program completion. 13. Maintain records as required by NDED and/or the City of Grand Island. 14. Perform Lead-Based Paint inspections and testing on pre-1978 homes 15. Perform Lead-Based Paint Risk Assessments as indicated by inspections 16. Perform Clearance Testing Approved as to Form ¤ ___________ June 5, 2008 ¤ City Attorney R E S O L U T I O N 2008-155 WHEREAS, in January 2008, the City of Grand Island, Nebraska, received a $261,010 Community Development Block Grant (CDBG) through the Nebraska Department of Economic Development; and WHEREAS, the CDBG Community Revitalization Grant was awarded for direct rehabilitation for homeowners and down payment assistance for first time homebuyers; and WHEREAS, on May 5, 2008 an invitation for request for proposals was advertised in the Grand Island Independent and is on file with the City Clerk’s Office; and WHEREAS, on May 20, 2008, proposals were received and reviewed; and WHEREAS, Community Development Services, LLC, from Plainview, Nebraska, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code, for a contracted amount not to exceed $25,992.00, which includes $22,992 in Housing Administration funds plus an additional $3,000 from General Administration funds, to cover increased costs for Lead Based Paint Services, if needed; and WHEREAS, said contract will be in effect from June 10, 2008 through the end of the CDBG contract period; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Community Development Services, LLC, from Plainview, Nebraska, to provide Housing Management and Lead Based Paint Services as funded through a Community Development Block Grant from the Nebraska Department of Economic Development, be approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island for this Planning Grant. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________ - 2 - RaNae Edwards, City Clerk Item G10 #2008-156 - Approving Acquisition of Right-of-Way at the Southeast Corner of Old Potash Highway and North Road (Greg Baxter) This item relates to the aforementioned Public Hearing Item E-4. Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Approved as to Form ¤ ___________ June 5, 2008 ¤ City Attorney R E S O L U T I O N 2008-156 WHEREAS, a Public Utility/Drainage Easement is required by the City of Grand Island from Greg Baxter in the southeast corner of Old Potash Highway and North Road for the construction of Storm Drainage Project No. 2008-D-2; Moores Creek Drain Extension at Old Potash Highway; and WHEREAS, a Public Hearing was held on June 10, 2008 for the purpose of discussing the proposed acquisition of the Public Utility/Drainage Easement along a tract consisting of Section 24-11-10 in the City Of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the northwest corner of Section 24-11-10 thence east on the north line of said Section 24-11-10 for a distance of 130’, thence south on a line 130’ east of and parallel to the west line of Section 24-11-10 for a distance of 60’, thence west on a line 60’ south of and parallel to the north line of Section 24-11-10 for a distance of 130’ thence north on the west line of Section 24-11-10 for a distance of 60’ to the point of beginning excepting there from the westerly 33’ and the northerly 33’ being road right-of-way. 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 an Agreement for Acquisition of the Public Utility/Drainage Easement with Greg Baxter, on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2008-157 - Approving Creation of Business Improvement District #7 and Initial Board, South Locust Street from Stolley Park Road to Highway 34 Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Legal Department Meeting: June 10, 2008 Subject: Expanding the Boundaries of Proposed Business Improvement District #7 and Reappointment of the Initial Board, South Locust Street (Area South of Stolley Park Road to Highway 34) Item #’s: G-11 Presenter(s): Dale Shotkoski, City Attorney Wesley D. Nespor, Attorney Background The Mayor and Council set preliminary boundaries and appointed an initial Board of Directors to Business Improvement District (BID) #7 on April 8, 2008. Upon further review, it is believed that the initial boundaries should be expanded so that parcels are not split and to give the Board better flexibility in determining the final boundaries. Discussion Pursuant to the authority given in Neb Rev Stats 19-4015 through 19-4038, cities may create Business Improvement Districts to facilitate improvements and to develop and promote a variety of beneficial activities. It is the belief of the legal department and planning department that the final boundaries submitted later in the formation process may be less than the initial boundaries but cannot contain parcels that were not included in the initial boundaries. An expanded boundary map has been prepared identifying parcels which the BID Board would like to consider for inclusion in BID #7. This requires a resolution by the Mayor and Council expanding the initial boundaries and reappointing the Business Improvement District’s Board. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to expand the boundaries and reappoint members of the Business Improvement District #7 Board. 2. Take no action on the issue. Recommendation City Administration recommends that the Council expand the boundaries and reappoint members of the Business Improvement District #7 Board. Sample Motion Move to expand the boundaries and reappoint members of the Business Improvement District #7 Board. Approved as to Form – _______________ June 5, 2008 • City Attorney R E S O L U T I O N 2008-157 WHEREAS, South Locust Street property owners have recommended that the City of Grand Island create a business improvement district with boundaries set out below; and WHEREAS, Section 19-4021, R.R.S. 1943, indicates that the boundaries of a business area for a potential business improvement district shall be declared by the city council prior to or at the same time as the appointment of the business improvement board; and WHEREAS, the outer boundaries of the potential Business Improvement District No. 7 should be expanded and are described on the attached map, marked as Exhibit “A”; and WHEREAS, it is suggested that a business improvement board be appointed to make recommendations to the city council for the potential establishment of a district and plans for improvements, if any, for such district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the property set out within the boundaries described on attached Exhibit “A” be declared as future Business Improvement District No. 7. BE IT FURTHER RESOLVED, that the following individuals be initially appointed to serve on the business improvement board: Jack Rasmussen, Gene McCloud, Dave Bartz, Bill Lawrey, Jeff Reed, Rhonda Saafeld, and Dan Naranjo. - - - Adopted by the City Council of the City of Grand Island, Nebraska on June 10, 2008. ____________________________________ _ Margaret Hornady, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Locust St SRiverside DrMidaro DrChanticleer StRamada RdBellwood DrRoush Ln Stolley Park Rd E Holcomb St US Highway 34 EBrahma StArrowhead RdCochin StUS Highway 34 W Wedgewood Dr Wyandotte St Stolley Park Rd W Brookline Dr Tri StP ark w o o d Dr Kingswood DrSandra Rd Grand Ave Hagge Ave Bantam StStagecoach RdExchange RdSylvan StDe Ann RdWoodland Dr Gamma St Santa Anita DrAshwood Ln Birch w o o d Ln US Highway 34 EUS Highway 34 W Brahma St Arrowhead RdC ochin St Stagecoach Rd Exhibit " A " Map Prepared by EJMMay 22, 2008 BID 7 Proposed EXHIBIT " A "Proposed BID 7 Item G12 #2008-158 - Approving Contract for Annual City Audit Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: June 10, 2008 Subject: Approving Contract for City and Electric and Water Utility Audits Item #’s: G-12 Presenter(s): Dave Springer, Finance Director Background The City of Grand Island is required to have an audit of its financial statement every fiscal year. This is true for the Electric and Water Utilities funds also. It has been the City’s policy to request proposals for audit services every five years. This was done in March of this year. Discussion We received responses from three firms, one for the City audit only, one for the Utilities audit only, and one that proposed doing both audits. All three firms were determined to be qualified and the City has utilized and received satisfactory services from each firm over the last decade. There can be significant savings in the examination and testing procedures involved in the audits by one firm doing both. There would be over an $88,000 savings for the five years by using the one firm for both audits, rather than using both of the other two. The recommendation is for Almquist, Maltzahn, Galloway & Luth, Grand Island, NE to perform both the City and the Electric and Water Utilities audits for the years ending September 30, 2008 – 2012. Their proposed fees are: 2008 $60,000 2009 61,100 2010 62,300 2011 63,600 2012 65,000 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 approval of the audit contract as presented. Sample Motion Move to approve the contract with Almquist, Maltzan, Galloway & Luth to perform both the Cit y and the Electric and Water Utilities audits for the years ending September 30, 2008 - 2012. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR AUDIT PROPOSALS RFP DUE DATE: April 21, 2008 at 3:00 p.m. DEPARTMENT: Finance PUBLICATION DATE: February 24, 2008 NO. POTENTIAL BIDDERS: 6 SUMMARY OF PROPOSALS RECEIVED McDermott & Miller Almquist, Maltzahn, Galloway & Luth Hastings, NE Grand Island NE BKD Lincoln , NE cc: David Springer, Finance Director Jeff Pederson, City Administrator Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney P1236 Approved as to Form ¤ ___________ June 5, 2008 ¤ City Attorney R E S O L U T I O N 2008-158 WHEREAS, proposals were solicited to perform a financial audit of city and utility funds, according to the Request for Proposals on file with the Finance Department; and WHEREAS, proposals were due on April 21, 2008; and WHEREAS, Almquist, Maltzan, Galloway & Luth of Grand Island; Nebraska, submitted a proposal in accordance with the terms of the Request for Proposals, such proposal being in the amount of $312,000 for five years of audit services for fiscal years ending September 30, 2008 through 2012; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The proposal of Almquist, Maltzan, Galloway & Luth of Grand Island; Nebraska, in the amount of $312,000 to perform annual audits of the City and the Electric and Water Utilities for the fiscal years ending September 30, 2008 – 2012 is hereby approved as the best evaluated proposal submitted for that purpose. 2. A contract for such projects be entered into between the City and said accounting firm, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2008-159 - Consideration of Request from The Firehouse LLC dba The Firehouse, 418 West 4th Street for a Class "C" Liquor License and Liquor Manager Request from Sarah Spencer, 1823 West 3rd Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 5, 2008 ¤ City Attorney R E S O L U T I O N 2008-159 WHEREAS, an application was filed by The Firehouse LLC, doing business as The Firehouse, 418 West 4th Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 31, 2008; such publication cost being $16.03; and WHEREAS, a public hearing was held on June 10, 2008, 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 and with the restriction there be no involvement of any kind by John Spencer. ____ 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 Sarah Spencer, 1823 West 3rd Street, as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2008-160 - Consideration of Request from Gibby's, Inc. dba Gibby's Pool Hall, 807 West 4th Street for an Addition to Class "C- 35854" Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 5, 2008 ¤ City Attorney R E S O L U T I O N 2008-160 WHEREAS, an application was filed by Gibby’s, Inc., doing business as Gibby’s Pool Hall, 807 West 4th Street for an addition to their Class "C-35854" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 31, 2008; such publication cost being $14.03; and WHEREAS, a public hearing was held on June 10, 2008, 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, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2008-161 - Consideration of Proposing a Ballot Measure to Prohibit the Addition of Fluoride to the City Water System Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo From: Jeff Pederson, City Administrator Meeting: June 10, 2008 Subject: Proposing a Ballot Measure to Prohibit the Addition of Fluoride to the City Water System Item #’s: I-3 Presenter(s): Jeff Pederson, City Administrator Background Nebraska State Statutes Section 71-3305 requires all cities with a population of one thousand or more to add fluoride to their city water systems by June 1, 2010. This statute also allows the voters of a city to vote to prohibit the addition of fluoride to the city water system either through a petitioned referendum or as a result of a vote following action by the Governing Body to place the issue on the ballot. Discussion Ballot language has been drafted as set forth in Resolution #2008-161 to allow for the voters of the City of Grand Island to vote on the issue of adopting or rejecting an ordinance to prohibit the addition of fluoride to the City water system. This issue, if approved by City Council, would be placed on the general election to be held on Tuesday, November 4, 2008. Capital cost to install a fluoride system is estimated to be $120,000. Placing the issue before the public on the November ballot would allow for the voters to make a determination on the issue prior to the time when the City would need to commit to the purchase of equipment to install the system in order to be compliant with the June, 2010 operation requirement. 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 Resolution #2008-161 authorizing at the general election to be held on Tuesday, November 4, 2008, the issue of whether the City of Grand Island should adopt or reject an ordinance to prohibit the addition of fluoride to the City water system be submitted to the qualified electors of the City. Sample Motion Move to approve Resolution #2008-161. RESOLUTION 2008-161 WHEREAS, Section 71-3305 of the Nebraska Statutes requires any city with a population of one thousand or more to add fluoride to the city’s water system; and WHEREAS, Section 71-3305 allows the voters of a city to vote to adopt an ordinance before June 1, 2010, to prohibit the addition of fluoride to the city water system; and WHEREAS, Section 71-3305 authorizes the governing body to place the ordinance to prohibit the addition of fluoride to the city water system on the ballot; and WHEREAS, the Mayor and City Council of the City of Grand Island, Nebraska, have determined that there is interest in determining whether fluoride should be added to the city’s water system. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: That at the general election to be held on Tuesday, November 4, 2008, the issue of whether the City of Grand Island, Nebraska, should adopt or reject an ordinance to prohibit the addition of fluoride to the City water system shall be submitted to the qualified electors of the City and to be presented in the following form: Shall the City of Grand Island, Nebraska, adopt an ordinance to prohibit the addition of fluoride to the City’s water system? ___ Yes (To prohibit fluoride from the water system) ___ No (Against the prohibition of fluoride from the water system) Section 2. That the City Clerk is authorized and directed to certify a copy of this resolution to the election commissioner/county clerk at least fifty days prior to the election. The City agrees to reimburse the election commissioner/county clerk for the expenses of conducting the election, as required by law. Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2008. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of May 26, 2008 through June 10, 2008 The Claims for the period of May 28, 2008 through June 10, 2008 for a total amount of $1,978,436.32. A MOTION is in order. Tuesday, June 10, 2008 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council