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06-23-2009 City Council Regular Meeting PacketCity of Grand Island Tuesday, June 23, 2009 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 Larry Carney Scott Dugan John Gericke Peg Gilbert Chuck 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 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 #2009-BE-2 - Consideration of Determining Benefits for 2008 Weed and Nuisance Special Assessments Tuesday, June 23, 2009 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 23, 2008 Subject: Determination of Benefits 2008 Weed Abatement Program Item #’s: D-1 & F-1 Presenter(s): Wesley D. Nespor, Attorney Background The Grand Island City Code contains a procedure for abating nuisances on properties such as excessive growths of weeds or litter. 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. The City also removed rotted foodstuffs from a garage pursuant to Court order and needs to recover its costs. Discussion The City Council, sitting as the Board of Equalization, is being asked to determine the benefits for nuisance abatement and the weed abatement program that took place during the growing season of 2008. 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 or otherwise abated the nuisance, 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 and nuisance abatement done during 2008 and levy the unpaid benefits as a lien against the properties. Sample Motion Move to adopt the resolution determining the special benefits of abating nuisances 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 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-BE-2 WHEREAS, pursuant to Nebraska law the City Clerk of the City of Grand Island, Nebraska, gave notice at least ten (10) 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 nuisance abatement and 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 removing nuisances, cutting and removing weeds, grasses, or worthless vegetation to the various lots and pieces of ground during the 2008 season, that: 1. The special benefits accruing to the real estate hereinafter described is the actual expense thereof plus $50.00 as costs for the City per lot or piece of ground or any combination thereof for cutting vegetation and the actual costs for other nuisance abatement; and 2. The several lots and pieces of ground hereinafter described are respectively benefited by reason of such weed elimination as follows: Name/Address Location Description Assessment Juanita Roman Life Estate Robert S. and Frank S. Roman 808 E. 5th Street Grand Island, NE 68801 808 E. 5th Street Lot 7, Block 4, Evans Addition, City of Grand Island, Hall County, Nebraska $115.00 Ronald L. Hulme PO Box 33 Miller, NE 68858 616 E. Yund Lot 7, Block 145, Union Pacific Railway 2nd Addition, City of Grand Island, Hall County, Nebraska $240.00 Liobardo Rivera & Efrain Lazarin c/o MGC Mortgage Inc. 7195 Dallas Parkway Plano, TX 75024 1213 N. Cherry Lot 4, Block 2, George's Loan Subdivision, City of Grand Island, Hall County, Nebraska $125.00 Warren G & Ruth Alleen Bosley c/o Matthew M. Bosley Cons 1212 15th Street Lincoln, NE 68502 1515 W. 1st Street Lot 3, Block 20, Kernohan & Decker's Addition, City of Grand Island, Hall County, Nebraska $100.00 Franklin Credit Management 101 Hudson St., Fl 6 Jersey City, NY 073021 331 E. Hall Street Lot 126, Buena Vista Subdivision, City of Grand Island, Hall County, Nebraska $115.00 Kevin A. Long Sr. 4215 W. Capital Ave. Lot 4, Ross 1st Subdivision, City $185.00 R E S O L U T I O N 2009-BE-2 Cont. - 2 - 4215 W. Capital Avenue Grand Island, NE 68803 of Grand Island, Hall County, Nebraska M & L Investments LLC 1819 N. Custer Avenue Grand Island, NE 68803 917½ W. 12th Street S52' of Lot 4, Block 49, Russell Wheeler's Addition, City of Grand Island, Hall County, Nebraska $105.00 Secretary of Housing and Urban Development Attn: Single Family Property Disposition Branch Denver Homeownership Center Wells Fargo Tower North 633 17th Street Denver, CO 80202-3607 1418 N. Huston Lot 203, Westlawn Addition, Grand Island, Hall County, Nebraska $231.73 - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request from Alm, LLC dba Senor Lucky’s, 115 West 3rd Street for a Class "C" Liquor License Tuesday, June 23, 2009 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 23, 2009 Subject: Public Hearing on Request from Alm, LLC dba Senor Lucky’s, 115 West 3rd 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 they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Alm, LLC dba Senor Lucky’s, 115 West 3rd Street ha s 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. 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. Also submitted was a Liquor Manager Designation for Abbigal Meyer, 328 South Plum Street. 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 of Alm, LLC dba Senor Lucky’s, 115 West 3rd Street for a Class “C” Liquor License contingent upon final inspections and the request from Abbigal Meyer, 328 South Plum Street for a Liquor Manager Designation contingent upon Ms. Meyer completing a state approved alcohol server/seller training program. Item E2 Public Hearing on Request from Mama Ines, Inc. dba Mama Ines, 384 N. Walnut Street for a Class "I" Liquor License Tuesday, June 23, 2009 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 23, 2009 Subject: Public Hearing on Request from Mama Ines, Inc. dba Mama Ines, 384 N. Walnut Street for a Class “I” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city counc il in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Mama Ines, Inc. dba Mama Ines, 384 N. Walnut Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of spirits, wine and beer on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted was a Liquor Manager Designation for Iliana Garcia, 517 North Ruby Avenue. The original application was received by the City Clerk’s office on May 20, 2009 and was scheduled for the June 9, 2009 City Council meeting. John Cunningham, Attorney for the applicant asked that the item be pulled after reviewing the Police and Building Department reports. (See attached). This item was then rescheduled for the June 23rd City Council meeting. There has been and still are issues related to this application. The original application did not have birth certificates, spouse’s information, or a signed lease included, which makes this a false application. On June 18th I contacted the Liquor Control Commission and visited with Kristina Radicia about this application. She faxed me the additional information she had received from Mr. Cunningham, however I did not receive a signed copy of the lease. There is also a concern that there is a church within 150 feet. 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 make no recommendation with stipulations for this application. Sample Motion Move to make no recommendation with stipulations for the application of Mama Ines, Inc. dba Mama Ines, 384 N. Walnut Street for a Class “I” Liquor License. Stipulations included: 1) final inspections by the Building and Health Departments, and 2) complete a state approved alcohol server/seller training program for Liquor Manager designation requested by Iliana Garcia, 517 North Ruby Avenue. The liquor license application lists Yisnel Gonzalez as the Vice President, Emilio Padron as the Secretary-Treasurer, and Jorge Azola as the President. The application also shows that all three subjects have lived in Miami, Florida From 1999 until 2009. I checked Spillman for all three subjects. I was only able to find Azola. He was cited for driving during suspension on 3/11/09. I checked NCJIS and found that he plead guilty to driving without a license. I could not locate the other two subjects in Spillman or NCJIS. On the application, it clearly asks "Has anyone who is a party to this application, or their spouse, ever been convicted of or plead guilty to any charge. Charge means any charge alleging a felony, misdemeanor, violation of a federal or state law, a violation of a local law, ordinance or resolution." The "No" box was checked. Jorge's failure to disclose his conviction for driving without a license technically makes the application false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). I wanted to contact all three subjects and speak with them about their application. However, I can't find a phone number for any of them in the application. Under Premise Information, there is no phone number. Under Corporation Phone Number, it is blank. Under the Officers/Stockholders section, addresses and phone numbers are not required. Under the section that deals with the president of the corporation, there are blanks for home address and home phone. However, the home address for the president (Jorge Azola) is listed as the same address as the business, and there isn't a home phone number listed. On 6/1/09, I stopped by 384 N. Walnut. The application states that the business was going to open on this date. However, the front doors were locked, and there were no lights on inside. When I peered in the front doors, I saw a table that had four Heineken beer bottles sitting on it. The front doors also had a sign on it that said the place is a restaurant and a nightclub. It listed its weekend hours as 9 PM until 5 AM. The sign was in Spanish and English. The English word "Street" for the address was spelled "Steerts." At this time, the Grand Island Police Department can't recommend that this application be approved. The president of the corporation failed to disclose a traffic conviction. The application only lists one "home" address which is actually the business address. The application doesn't have any phone numbers listed for any of the applicants. Two out of the three people listed on the application couldn't be found in Spillman or NCJIS. All three also have lived in Florida for the past ten years and just moved to Grand Island in 2009. I am unable to run criminal history checks on liquor license investigations. I also have to wonder with two other bars in the immediate vicinity if there is enough parking. Also, there could be and issue with having a residence somewhere in the business. More contact and background information is needed on the applicants. Date, Time: Thu Jun 04 14:39:46 CDT 2009 Reporting Officer: Vitera CONTINUATION On 6/15/09, I received some paperwork from City Clerk RaNae Edwards which included addresses for the applicants. There was also a phone number of a contact person (“Daris”) who would act as a translator. I called Daris, and she said she would bring the applicants to the police department on 6/17/09. On 6/17/09, I spoke to all three applicants individually with Daris translating. The first person I spoke to was Jorge Azola. Jorge is Daris’ stepfather. Jorge advised that he was born in Cuba. He spent one year in jail in Cuba for selling fans on the street. Other than that, Jorge said he didn’t spend time in jail or prison for anything else. Jorge moved to Florida in 2000. He said that he didn’t spend any time in jail or prison in Florida. For the last two years, Jorge owned a company called “DJ Spray Corp.” His company cleaned damage to walls and ceilings. If the damage was so great that cleaning wasn’t an option, he would demolish the damaged area and rebuild it. His company was struggling, so he moved to Grand Island in February of 2009 to work at Swift. I asked about the name “Mama Ines.” Daris advised that Mama Ines is a real person who is very well known in Cuba. Mama Ines was a black woman who worked for Cuban families. She might not have been treated well, but she always had a positive attitude and kept working to make a better life for her children. Mama Ines (the business) is mostly a restaurant. However, on weekends at 2100 hours, they will only serve a light menu (appetizers) and play music. They have no plans for live bands. Their employees will include the three applicants, the liquor manager (Iilana- Jorge’s brother’s girlfriend), Daris, and Daris’ mother. Daris’ mother has owned a bakery and restaurant in Florida. The three applicants plan on keeping their jobs at Swift. I made it very clear to Jorge that cooperation with law enforcement is critical to him obtaining and keeping a liquor license. I also advised him of some of the most common complaints against liquor license holders and then referred him to the Nebraska Liquor Control Commission’s (NLCC) website for a comp lete list of liquor laws. After speaking with Jorge, I spoke to Emilio Padron. Emilio advised he was born in Cuba and came to the United States on 4/5/05. He moved to Grand Island in December of 2008. Emilio said he didn’t spend time in jail or prison in Cuba. He said that he was arrested for theft in Florida but was never charged because it was all a misunderstanding. He worked as an interstate trucker while he lived in Florida. After speaking with Emilio, I spoke to Yisnel Garcia-Gonzalez. Yisnel was born in Cuba and moved to Florida in 2006. He moved to Grand Island on 2/9/09. He advised that he has never spent time in jail or prison in Cuba or the United States. He has worked as a trucker and also helped Jorge with his restoration business. Since the majority of my conversation was with Jorge, I asked Daris to relay that conversation to Emilio and Yisnel. I also told Daris that I didn’t have any problems with Mama Ines obtaining a liquor license. However, the applicants have spent most of their life in Cuba. They moved here from Florida and have only been in Nebraska for a few months. I ran nationwide criminal histories on all three applicants. They didn’t have any criminal history with the exception of the theft arrest that Emilio mentioned. I also checked all three applicants and the liquor manager through ICE. They are all in the Country legally. I checked all the applicants and liquor manager for warrants. None of them had a warrant for their arrest. It sounds like there are some other issues with the application such as not providing a complete application on two different occasions. On 6/18/09, I called Investigator Lorri Rogers. She advised that she has not completed her investigation into Mama Ines’ application. However, she did tell me that she noticed right away that their application was lacking birth certificates and/or Naturalization paperwork. RaNae Edwards advised that they were missing a signature on a lease agreement. RaNae called the NLCC and was told that they received a birth certificate but not on all the applicants. The incomplete application technically makes the application false. However, it sounds to me that there was a breakdown in communication between the NLCC and the City of Grand Isla nd. From a law enforcement perspective only based mainly on background checks, I don’t see any reason why an approval of the license shouldn’t be recommended. However, if there are still problems with the application being complete after adding information on two different occasions, the Council will have to decide whether that coupled with other reports from different departments is reason to not recommend an approval. Item E3 Public Hearing on Request from Hooker Bros. Sand & Gravel for a Conditional Use Permit for a Sand and Gravel Operation Location at 3947 South Locust Street Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: June 23, 2009 Subject: Public Hearing on Request of Hooker Bros. Sand & Gravel, Inc. for a Conditional Use Permit to Allow for the Operation of a Sand and Gravel Pumping Facility at 3947 South Locust Street (S1/2 of SW 1/4 Section 34-11- 9 77.3 Acres) Item #’s: E-3 & H-1 Presenter: Craig Lewis , Building Department Director Background This request is for council approval to allow for the operation of a sand and gravel pumping facility at the above referenced location. A conditional use permit is required as the current zoning classification, TA or Transitional Agriculture does not allow for this type of use as a permitted principal use. The zoning classification does list as a conditional use, commercial mines, quarries, sand and gravel pits and accessory uses. Conditional uses as listed in the zoning code must be approved by the City Council. Discussion Sand and gravel operations have been a part of Grand Island and the surrounding areas for a long time, as the City of Grand Island continues to grow conditions need to be implemented to assure a compatible existence for both. City administration has developed the following restrictions, or conditions which appear appropriate to impose upon sand and gravel operations. 1). USE: The proposed uses are limited to those listed in the application, sand and gravel pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail. Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants. 2). CLOSURE: A closure statement identifying improvements to the property after the closing of the sand and gravel operation has been provided along with the application. 3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10 years with the possibility of renewal for an additional time at the end of the 10 year period. (b).Pumping of product shall not be allowed within 150 feet of any public road right of way and protected by a 6 foot earthen berm during pumping. The finished width of developable property adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A setback of 100 feet from any adjacent property line shall be maintained between the pumping operations and a finished developable width of 150’ shall be provided. (c).Pumping and other activities (including lighting) at the site shall be limited to 6:00am to 10:00pm Monday through Saturday, no Sunday operation. (d). Any internal combustion pump motors utilized shall be equipped with a functioning “hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels. (e). Materials and equipment shall not be stored on the property within any easements or the regulated floodway as determined by the Federal Emergenc y Management Agency or its successor and the entity with jurisdiction and authority to enforce floodplain regulations. No product, material or equipment shall be stored within any easement or in such a manor that it would violate any safety provisions of the National Electric Safety Code. (f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as practical and such real estate must, at all times, be kept in a clean and neat condition. (g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature whatsoever shall be dumped, placed or located upon such real estate. (h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable hazard or nuisance to adjacent land owners or to the general public. (i). Applicant shall maintain any and all drainage ditches that may be located upon the real property. (j). Applicant shall not permit the hauling of sand and gravel from the premises over and across any public highway or road unless said sand and gravel is complete dry and free from water or is hauled in trucks which are designed and equipped so as to prevent water from leaking onto the traveled portion of the roadbed. (k). All water accumulated upon the premises by virtue of such mining and pumping operations shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only surface waters that have historically flowed from the premises shall be permitted to leave the same through historical natural drainage ways. (l). Applicant shall begin the mining operation within a period of 18 months from the issuance of this permit or if the applicant fail to begin operations within the 18 months the permit shall be considered null and void and subject to reapplication and rehearing. Additionally if at anytime during the life of the permit issued the operation shall cease for a period of a continuous 18 months the permit shall become void and a renewal sha ll be obtained before becoming once again operational. ALTERNATIVES It appears the Council has the following alternatives concerning the issue. 1. Approve the request with the proposed conditions, finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2. Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3. Approve the request with additional or revised conditions and findings of fact. 4. Refer the matter to a special committee for a determination of a finding of fact. RECOMMENDATION Approve the request if all conditions are met as presented by City Administration and if the City Council finds that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. SAMPLE MOTION Move to approve the conditional use with the condition identified by the City Administration, published in the Council packet and presented at the Council meeting and finding that the application conforms with the purpose of the zoning regulations. Item E4 Public Hearing for Program Income Reuse Funds Application Tuesday, June 23, 2009 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 23, 2009 Subject: Approving Use of Revolving Loan Funds for Storm Sewer Drainage Update at Platte Valley Industrial Park Item #’s: E-4 & G-3 Presenter(s): Joni Kuzma, Community Development Administrator Background The City of Grand Island maintains a revolving loan (program income reuse) fund comprised of recaptured monies from Community Development Block Grant (CDBG) Economic Development loans. The Community Development Division manages the funds and submits semi-annual program income reports to the Nebraska Department of Economic Development regarding the fund status and projects proposed and/or completed. The City adopted a CDBG Reuse Plan in 1994 that serves as the guideline for qualifying projects. The Grand Island Area Economic Development Corporation submitted an application to the Reuse Committee on May 20, 2009 requesting $4,995.00 of Revolving Loan funds to update a previously completed Storm Sewer Drainage study for the Platte Valley Industrial Park. The 2002 study was completed by Olsson Associates and funded by the City of Grand Island. The Program Income Reuse Committee met on June 3, 2009 and voted to refer the grant request to the City Council and recommend that the Council approve use of $4,995.00 of Reuse funds for the proposed project. A public hearing is required to invite public comment regarding the recommendation for obligation of Reuse Funds. A legal notice was published June 13, 2009 in the Grand Island Independent for a public hearing at the June 23, 2009 Council meeting. Discussion The project meets all of the requirements for use of Revolving loan funds. A qualifying project must: 1. Be used for Economic Development. The Platte Valley Industrial Park is targeted for business and industrial development. 2. Meet a National Objective as identified by the Department of Economic Development. This project meets the National Objective of “aiding in the prevention or elimination of slums or blight.” 3. Be located in a qualifying area. This project is within the city limits of Grand Island. 4. Meet a local objective: “to encourage the redevelopment of vacant or blighted buildings and land.” At this time the Council is requested to approve the use of Revolving Loan funds for the proposed project at the Platte Valley Industrial Park. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the use of Revolving Loan funds for the proposed project at the Platte Valley Industrial Park and authorize the Mayor to sign all related documents. 2. Refer the issue to a Committee 3. Postpone the issue to future date Recommendation City Administration recommends that the Council approve the use of Revolving Loan funds for the proposed project at the Platte Valley Industrial Park and authorize the Mayor to sign all related documents. Sample Motion Move to approve the use of Revolving Loan funds for the proposed project at the Platte Valley Industrial Park and authorize the Mayor to sign all related documents. Item E5 Public Hearing for a Disaster Recovery Program Community Development Block Grant Tuesday, June 23, 2009 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 Council Meeting: June 23, 2009 Subject: Public Hearing on Disaster Recovery Program Community Development Block Grant Item #: E-5 & G-4 Presenter(s): Joni Kuzma, Community Development Background The Federal Emergency Management Agency has allocated a supplemental appropriation of about $5.5 million to the State of Nebraska for long-term recovery efforts for damage caused by the severe storms, tornadoes, and flooding related to the June 20, 2008 FEMA federal disaster declaration. The supplemental appropriation is being provided through the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant program (CDBG) and will be administered by the Nebraska Department of Economic Development. The State of Nebraska published an Action Plan for proposed use Supplemental 2008 CDBG Disaster Recovery Funding Action Plan for disaster relief of unmet needs. Disaster Recovery Program funds are to be used only for activities related to disaster relief, long- term recovery, and restoration of infrastructure in areas covered by the Federal Emergency Management agency (FEMA) declaration of major disaster 1770-DR. Only damages occurring during the incident period from May 22, 2008 to June 24, 2008 are considered. At least 50% of the Disaster Recovery Funds will be used for activities that meet the National Objectives of primarily benefiting persons of low- and moderate –income. Local units of government are eligible to apply for these funds for project activities that meet one of three national objectives: 1) benefiting low- and moderate-income persons; or 2) aiding in the prevention or elimination of slums or blight; or, 3) meeting other community deve lopment needs having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare of the community and other financial resources are not available to meet such needs. The Nebraska Department of Economic Development (DED) began accepting applications for this program on June 1, 2009. 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. A legal notice was published in the June 13, 2009 Grand Island Independent with notice of this council meeting and contact information for written comments. Discussion In February 2009, the City responded to a “2008 CDBG Disaster Allocation Notification request for needs” from the Nebraska Department of Economic Development. The “request” asked communities to identify unmet infrastructure, housing, and/or business needs resulting from the applicable disaster(s); and to recognize what needs have been met in the areas eligible for assistance. Hall County was an eligible area for public assistance. Comments from the City’s response were included in the final Annual Action Plan that was submitted to HUD. . The City of Grand Island is requesting a Disaster Recovery Grant for $803,500.00, plus $40,175.00 in General Administration, for installation of a sanitary sewer interceptor and sewer main collection system upgrade to address an urgent community development need that occurred as a result of high ground water levels and flooding between May 22 and June 24, 2008. The proposed project encompasses two southern areas of Grand Island (581 households) to improve protection of homes from future sanitary sewer backups. Total project cost, including Admin, is projected at $1,003,675. No matching funds are required but the City has budgeted $160,000 for the balance of project costs above the grant award. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Disaster Recovery Program Community Development Block Grant application and authorize the Mayor to sign all related documents 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. Recommendation City Administration recommends that Council approves the Disaster Recovery Program Community Development Block Grant application and authorizes the Mayor to sign all related documents. Sample Motion Move to approve the Disaster Recovery Program Community Development Block Grant application and authorize the Mayor to sign all related documents. Item F1 #9223 - Consideration of Assessments for 2008 Weed and Nuisance Abatement Program This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Wes Nespor City of Grand Island City Council Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney ORDINANCE NO. 9223 An ordinance levying a special tax to pay the cost to the City of removing nuisances, cutting, destroying, and removing weeds, grasses, or worthless vegetation, pursuant to the Grand Island City Code upon certain lots and pieces of ground; providing for the collection thereof; 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 removing nuisances, cutting, destroying, and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and pieces of ground during the 2008 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: Name/Address Location Description Assessment Juanita Roman Life Estate Robert S. and Frank S. Roman 808 E. 5th Street Grand Island, NE 68801 808 E. 5th Street Lot 7, Block 4, Evans Addition, City of Grand Island, Hall County, Nebraska $115.00 * This Space Reserved for Register of Deeds * ORDINANCE NO. 9223 (Cont.) - 2 - Ronald L. Hulme PO Box 33 Miller, NE 68858 616 E. Yund Lot 7, Block 145, Union Pacific Railway 2nd Addition, City of Grand Island, Hall County, Nebraska $240.00 Liobardo Rivera & Efrain Lazarin c/o MGC Mortgage Inc. 7195 Dallas Parkway Plano, TX 75024 1213 N. Cherry Lot 4, Block 2, George's Loan Subdivision, City of Grand Island, Hall County, Nebraska $125.00 Warren G & Ruth Alleen Bosley c/o Matthew M. Bosley Cons 1212 15th Street Lincoln, NE 68502 1515 W. 1st Street Lot 3, Block 20, Kernohan & Decker's Addition, City of Grand Island, Hall County, Nebraska $100.00 Franklin Credit Management 101 Hudson St., Fl 6 Jersey City, NY 073021 331 E. Hall Street Lot 126, Buena Vista Subdivision, City of Grand Island, Hall County, Nebraska $115.00 Kevin A. Long Sr. 4215 W. Capital Avenue Grand Island, NE 68803 4215 W. Capital Ave. Lot 4, Ross 1st Subdivision, City of Grand Island, Hall County, Nebraska $185.00 M & L Investments LLC 1819 N. Custer Avenue Grand Island, NE 68803 917½ W. 12th Street S52' of Lot 4, Block 49, Russell Wheeler's Addition, City of Grand Island, Hall County, Nebraska $105.00 Secretary of Housing and Urban Development Attn: Single Family Property Disposition Branch Denver Homeownership Center Wells Fargo Tower North 633 17th Street Denver, CO 80202-3607 1418 N. Huston Lot 203, Westlawn Addition, Grand Island, Hall County, Nebraska $231.73 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. ORDINANCE NO. 9223 (Cont.) - 3 - 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. 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 23, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9224 - Consideration of Amendment to Chapter 23-79 of the Grand Island City Code Relative to Food Services, Drinking Places, and Restaurant Tax Tuesday, June 23, 2009 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 23, 2009 Subject: Amendment to Chapter 23-79 of the Grand Island City Code Relative to Food Services, Drinking Places, and Restaurant Tax Item #’s: F-2 Presenter(s): Jeff Pederson, City Administrator Background On September 9, 2008, the City Council passed Ordinance No. 9189, instituting a 1.5% occupation tax on prepared food and non-alcoholic beverages. The Ordinance contains a Sunset provision that limits the duration of the tax to the collection of $5,062,500. The money will be used to service a Lease Purchase Agreement with Wells Fargo whereby the City of Grand Island will own a recreational building on the grounds of Fonner Park that will serve as an Exposition Building during the annual run of the Nebraska State Fair. With the revelation in October of 2008 that athletic fields presently located at Fonner Park would be lost due to parking needs for the State Fair, the City began a planning process to replace/relocate the softball and soccer facilities from that site. Subsequently, a long-term Lease was approved with the State of Nebraska for 78 acres of land associated with the State Veterans Home that is located North of HW-2 and West of Broadwell Street. The Parks & Recreation Department, in cooperation with the State Fair Board, formulated a Master Plan for athletic facilities on the site that includes a Phase 1 component for replacement of existing facilities at a projected cash cost of $1.5m. The City Council has participated in two Study Sessions in review of the site development Plan. Discussion This proposed Ordinance amends Ordinance No. 9189 to allow up to $1.5m of revenue from the Occupation Tax to be utilized for athletic fields development on the land that is under lease from the State of Nebraska. The Sunset Provision of the Ordinance is expanded to add $1.5m to the amount of money to be generated prior to the Sunset of the Ordinance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council pass Ordinance No. 9224, amending Ordinance No. 9189 to provide revenue for the funding of replacement athletic fields on the Veterans Home site. Sample Motion Move to approve Ordinance No. 9224. Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney ORDINANCE NO. 9224 An ordinance to amend Grand Island City Code Chapter 23, Section 23-79, pertaining to food services, drinking places and restaurant tax, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publicatio n and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 23-79 of the Grand Island City Code is hereby amended to read as follows: Article VII. FOOD SERVICES, DRINKING PLACES, AND RESTAURANT TAX §23-79. Sunset Provision. The occupation tax imposed by this Article shall terminate and collection of the tax shall cease upon the completion of the following: (A) The City meeting all of its financing obligations with Wells Fargo Brokerage Services, L.L.C. and all debt obligations in the principal amount of Five Million Sixty-Two Thousand Five Hundred and No/100 Dollars ($5,062,500.00) and releases from Wells Fargo Brokerage Services, L.L.C. are obtained; and (B) Recreatio nal field development in the amount of $1.5 million on the property described as follow: A TRACT OF LAND LOCATED IN PART OF THE EAST HALF (E1/2) OF SECTION FIVE (5), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER (E1/4) CORNER OF SECTION 5-T11N-R9W; THENCE ON AN ASSUMED BEARING OF N88°50'06"W UPON THE SOUTH LINE OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION 5 A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY (ROW) LINE OF BROADWELL AVENUE; THENCE S00°51'43"W UPON AND ALONG SAID WESTERLY ROW LINE A DISTANCE OF 179.46 FEET; THENCE N88°10'08"W A DISTANCE OF 254.75 FEET; THENCE S29°09'23"W A DISTANCE OF 250.49 FEET; THENCE N88°50'06"W PARALLEL WITH SAID SOUTH LINE ORDINANCE NO. 9224 (Cont.) - 2 - OF NE1/4 A DISTANCE OF 1,748.67 FEET; THENCE N00°37'43"E A DISTANCE OF 397.71 FEET TO SAID SOUTH LINE OF THE NE1/4; THENCE N00°37'43"E A DISTANCE OF 1,233.17 FEET; THENCE S88°25'59"E A DISTANCE OF 69.05 FEET; THENCE N00°43'20"E A DISTANCE OF 59.94 FEET; THENCE S88°21'19"E A DISTANCE OF 259.64 FEET; THENCE S88°20'18"E A DISTANCE OF 498.58 FEET; THENCE S88°24'58"E A DISTANCE OF 1,150.41 FEET TO A POINT BEING ON SAID WESTERLY ROW LINE OF BROADWELL AVENUE, SAID POINT ALSO BEING THE WESTERLY LINE OF NEBRASKA STATE ROW DESCRIBED IN STATE OF NEBRASKA DEPARTMENT OF ROADS DOCUMENT NO. 93-104239, RECORDED MAY 26, 1993, REGISTER OF DEEDS, HALL COUNTY, NEBRASKA; THENCE S11°16'37"E UPON AND ALONG SAID WESTERLY ROW LINES OF BROADWELL AVENUE AND STATE DEED A DISTANCE OF 212.80 FEET; THENCE S00°38'41"E UPON AND ALONG SAID WESTERLY ROW LINES A DISTANCE OF 489.24 FEET; THENCE S20°27'26"E UPON AND ALONG SAID WESTERLY ROW LINES A DISTANCE OF 243.20 FEET; THENCE S00°00'05"E UPON AND ALONG SAID WESTERLY ROW LINES A DISTANCE OF 354.81 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 3,414,493.776 SQUARE FEET OR 78.39 ACRES MORE OR LESS. SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 23, 2009. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of June 9, 2009 City Council Regular Meeting Tuesday, June 23, 2009 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 June 9, 2009 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 June 9, 2009. Notice of the meeting was given in The Grand Island Independent on June 3, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Meyer, Haase, Carney, Ramsey, Nickerson, Zapata, and Gericke. Councilmember’s Niemann, Dugan, and Gilbert were 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 Mayor Hornady followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council members Mikayla Walsh and Sarah Stoltenberg along with CYC Board Member Adrian Velez. PRESENTATIONS AND PROCLAMATIONS: Presentation from Hastings Economic Development Corporation. Jack Schreiner, President of Hastings Economic Development Corporation (HEDC), Vern Powers, Mayor of the City of Hastings, Dee Haussler, Director of HEDC, and George Anderson Chairman of the Board of the Hastings Utilities presented the City of Grand Island a $5,000 check on behalf of the City of Hastings and the County of Adams to assist Grand Island in completing the State Fair relocation project. PUBLIC HEARINGS: Public Hearing on Request from Richard Milton dba Milton Motel LLC for a Conditional Use Permit for Construction of a Recreational Vehicle Camper Site Located at 3201 South Locust Street. Craig Lewis, Building Department Director reported that Richard Milton d/b/a Milton Motel LLC had submitted a request for a conditional use permit to allow a recreational vehicle camper site at 3201 South Locust Street. Staff recommended approval with the following conditions: 1. All interior roads and streets shall be improved to the design standards as identified in Section 36-96(G), permanent, dust-free like asphalt, concrete or paving brick. 2. Annual inspection shall be conducted by the Building Department to check compliance with City Codes, conditions imposed, and adopted building, plumbing, electrical, and fire codes. 3. A 90 day time limit on the maximum allowable stay shall be imposed on all recreational vehicles and campers in the camp ground. No RV shall be allowed to remain longer than a 90 day consecutive period. 4. The size of any propane tank or other fuel container shall be limited to original equipment supplied by the manufacture, no additional or external tanks shall be permitted. Page 2, City Council Regular Meeting, June 9, 2009 5. No skirting of any kind shall be allowed to be utilized with any recreational vehicle or camper within the camp grounds. Richard and Sandy Milton, 109 East Ashton spoke in support. No further public testimony was heard. Public Hearing on Request from Mosaic Group Home for a Conditional Use Permit for a Group Care Home Located at 1517 Hope Street. Craig Lewis, Building Department Director reported that Mosaic Group Home had requested a conditional use permit for the construction of a group home facility at 1517 Hope Street. Staff recommended approval. Tom Zuk representing Holland Basham Architects from Omaha spoke in support. No further public testimony was heard. Public Hearing on Application for Edward Byrne memorial Justice Assistance Grant (JAG) 2009. Steve Lamken, Police Chief reported that Grand Island Police Department and Hall County Sheriff’s Department were eligible to receive Justice Assistance Grant money in the amount of $20,020.50 and $6,673.50 respectively. Staff recommended approval. No public testimony was heard. CONSENT AGENDA: Motion by Zapata, second by Nickerson to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 26, 2009 City Council Regular Meeting. Approving Minutes of June 1 and 2, 2009 City Council Special Study Session (Goal Retreat). #2009-126 – Approving Bid Award for Burdick Cooling Tower Fire Protection with Continental Fire Sprinkler Company of Omaha, Nebraska in an Amount of $42,226.00. #2009-127 – Approving Pilot Study Agreement for Radionuclide Testing between the City of Grand Island and Water Remediation Technology of Fort Collins, Colorado. #2009-128 – Approving Small Government Enterprise License Agreement from Environmental Systems Research Institute (ESRI) in an Amount of $105,000.00 to be paid in three annual installments. #2009-129 – Approving Application for Edward Byrne Memorial Justice Assistance Grant (JAG) 2009. #2009-130 – Approving Setting Board of Equalization Hearing to Determine Benefits – 2008 Weed/Nuisance Abatement Program. #2009-131 – Approving Amendment No. 3 to the Agreement with Kirkham Michael of Omaha, Nebraska for Engineering Consulting Services for Storm Sewer Design Relative to the Wasmer Detention Cell in an Amount of $36,467.21 and a Revised Contract Amount of $121,341.65. #2009-132 – Approving Addendum Number 2 to the Agreement with Black & Veatch Corporation of Kansas City, Missouri for the Design of an Anaerobic Digestion System to Purchase Software for Waste Water Financial Modeling in an Amount of $14,500.00. Page 3, City Council Regular Meeting, June 9, 2009 #2009-133 – Approving Final Waste Water Cost of Service Based Rate Study Report with Black & Veatch Corporation of Kansas City, Missouri. #2009-134 – Approving Amendment No. 1 to the Agreement with CH2M Hill of Englewood, Colorado for Lift Station 19 Improvements in an Amount of $40,372.00 and a Revised Contract Amount of $416,390.00. #2009-135 – Approving Amendment No. 2 to the Consulting Services Agreement for Major Permit Modification at the Solid Waste Landfill with Aquaterra Environmental Solutions, Inc. in an Amount not to exceed $17,760.00. #2009-136 – Approving Resolution Directing Property Owners Sean L. and Mikki M. McNelis to Install Sidewalk at 2915 Lee Street. REQUESTS AND REFERRALS: Consideration of Request from Richard Milton dba Milton Motel LLC for a Conditional Use Permit for Construction of a Recreational Vehicle Camper Site Located at 3201 South Locust Street. This item related to the aforementioned Public Hearing. Motion by Ramsey, second by Carney to approve the request from Richard Milton dba Milton Motel LLC for a Conditional Use Permit for construction of a recreation vehicle camper site located at 3201 South Locust Street with the following conditions: 1. All interior roads and streets shall be improved to the design standards as identified in Section 36-96(G), permanent, dust-free like asphalt, concrete or paving brick. 2. Annual inspection shall be conducted by the Building Department to check compliance with City Codes, conditions imposed, and adopted building, plumbing, electrical, and fire codes. 3. A 90 day time limit on the maximum allowable stay shall be imposed on all recreational vehicles and campers in the camp ground. No RV shall be allowed to remain longer than a 90 day consecutive period. 4. The size of any propane tank or other fuel container shall be limited to original equipment supplied by the manufacture, no additional or external tanks shall be permitted. 5. No skirting of any kind shall be allowed to be utilized with any recreational vehicle or camper within the camp grounds. Discussion was held regarding the buffer zone. Council President Meyer commented about an e- mail received from Councilmember Dugan concerning the recommendation of a fence around the property. Motion by Meyer, second by Gericke to amend the motion to add a fence according to the City Code. Upon roll call vote, Councilmember’s Meyer, Haase, and Zapata voted aye. Councilmember’s Carney, Ramsey, Nickerson, and Gericke voted no. Motion failed. Upon roll call vote of the main motion, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, June 9, 2009 Consideration of Request from Mosaic Group Home for a Conditional Use Permit for a Group Care Home Located at 1517 Hope Street. This item related to the aforementioned Public Hearing. Motion by Ramsey, second by Zapata to approve the request from Mosaic Group Home for a conditional use permit for construction of a group care home located at 1517 Hope Street. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2009-137 – Approving Authorizing Placement of $1.5 Million with the Department of Administrative Services for Athletic Fields Replacement. This item was pulled from the Agenda at the request of the City Administrator. PAYMENT OF CLAIMS: Motion by Nickerson, second by Gericke to approve the Claims for the period of May 27, 2009 through June 9, 2009, for a total amount of $2,779,701.38. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 7:40 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of June 16, 2009 City Council Study Session Tuesday, June 23, 2009 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 16, 2009 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 Community Meeting Room of City Hall, 100 East First Street, on June 16, 2009. Notice of the meeting was given in the Grand Island Independent on June 10, 2009. Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Gericke, Nickerson, Ramsey, Dugan, Carney, Gilbert, Niemann, and Meyer. Councilmember’s Haase and Zapata were absent. 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 Mayor Margaret Hornady followed by the PLEDGE OF ALLEGIANCE. Further Discussion of Master Plan for Veterans Home Athletic Complex. Steve Paustian, Parks and Recreation Director reported since the initial presentation of the Veterans Home Athletic Complex, staff had met with interested parties who would potentially use the facility. Presented were the Master Plans and costs for providing an Athletic Complex facility to be located on Veterans Home property that would accommodate the majority of potential user recommendations. Phase 1 which would replace the Fonner Park ball fields was estimated at $1.5 million. Future phase costs at current dollars were $4,482,185.00 with future phase cost in 7 years at 3% inflation at $5,529,671.63. Discussion was held concerning time frame, contractor’s vs City labor to relocate the current fields, traffic issues, and playground area. Mr. Paustian stated the City would reuse chain link fences, irrigatio n, etc. from the Fonner complex. City Administrator Jeff Pederson commented on the continued financing/funding of this project and stated projected debt repayment from the occupation tax, if amended would be used towards this project. David Stoltz, 3131 North Shady Bend Road spoke in support and mentioned the future demands of soccer fields. Currently all fields were full and status quo for the new fields would not be enough. Lewis Kent, 624 East Meves Avenue mentioned concerns of the cost. Review of 2009/2010 Fee Schedule. David Springer, Finance Director gave an overview of the budget process and what had been accomplished so far. With capital costs and payroll cost the 2009-2010 budget would be very tight. Cash balances were estimated at $3.1 to $3.2 million. Page 2, City Council Study Session, June 16, 2009 Police Chief Steve Lamken answered questions regarding the Reserved Daily Parking fee change. Rental fee vs metered fee was explained. Mr. Springer stated projected number of increased fees for 2009-2010 would be a modest increase. Review of 2009/2010 Full Time Equivalent’s (FTE) Requests. David Springer, Finance Director explained the FTE requests. (See attached summary of FTE requests). Discussion was held concerning the importance of FTE’s for public safety. Mayor Hornady commented on the sustainability of these new employees after the grant funds run out. Fire Chief Troy Hughes presented a PowerPoint presentation and answered questions about the need and sustainability for the new FTE’s. Police Chief Steve Lamken commented on changes in his department and what had been done to make it more efficient. Grant funding for the FTE’s requested were questionable. The Police Department does not have the revenue stream as do some other departments within the City. Comments were made by Council whether the requested Fire and Police FTE’s would be enough. Emergency Management Director Jon Rosenlund answered questions concerning the County’s match for the requested FTE. Review of 2009/2010 Outside Agencies Funding Requests. David Springer, Finance Director reported Outside Agencies were contacted to submit their requests for the 2009/2010 fiscal year. (See attached summary of Outside Agency’s requests). The following people reported on the services provided to the City of Grand Island: · Melissa Delay, 610 West Division – Hope Harbor · Shelly Pointer, 4071 Zola Lane – Crisis Center · Teresa Engelhardt, 304 East Third Street – Senior Citizens Industries, Inc. · Anita Pinon, 2004 North Wheeler Apt. 8 – Multi Cultural Coalition · John Meister, 1417 North Piper – Izaac Walton Kids Fishing Derby · Larry Seifert, 1211 4th Avenue, Dannebrog – Izaac Walton Kids Fishing Derby · Geroge Solt, 3523 East Seedling Mile Road – Izaac Walton Kids Fishing Derby · Teresa Anderson, 2922 Lake Park Lane, Hastings, Central Nebraska Health Department · Ryan King, 3416 Graham Avenue – Central Nebraska Health Department · Richard Fruehling, 5604 South Blaine Street - Central Nebraska Health Department · Betty Curtis, 3221 Ramada Road - Clean Community Systems Discussion was held by Council whether or not fund ing of the outside agencies should be continued and/or decreased. Several Councilmember’s commented on the importance of the Health Department funding. Statutory requirements were discussed with regards to public funds and how they could be used. City Attorney Dale Shotkoski explained the Interlocal Agreement in place with the Central District Health Department. Finance Director David Springer stated the Fee Schedule, FTE’s and Outside Agencies would be brought back to the June 23, 2009 Council meeting for final approval. Page 3, City Council Study Session, June 16, 2009 ADJOURNMENT: The meeting was adjourned at 9:50 p.m. RaNae Edwards City Clerk Item G3 #2009-138 - Approving Program Income Reuse Funds Application This item relates to the aforementioned Public Hearing Item E-4. Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-138 WHEREAS, the City of Grand Island maintains a Revolving Loan Fund of recaptured Community Development Block Grant (CDBG) Economic Development grant monies; and WHEREAS, a request has been made from the Grand Island Area Economic Development Corporation for use of $4,995 of the funds to update a previously completed Storm Sewer Drainage study for the Platte Valley Industrial Park; and WHEREAS, the proposed project is an eligible use according to the 1994 City Reuse Plan and generally meets the Nebraska State Economic Development Objective, meets the Local Objective, is located in a qualifying area, and is a precursor to additional economic development impacting infrastructure improvements within the city; and WHEREAS, the Reuse Committee met on June 3, 2009 and voted to refer the application request to the City Council with a recommendation for approval of $4,995 in reuse funds for the project; and WHEREAS, a Public Hearing was held at the June 23, 2009 Council meeting and legal notice published 10 days prior to said meeting; and WHEREAS, Council action is required to commit revolving loan funds to this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island commits reuse funds for the purpose of a Storm Sewer Drainage update at the Platte Valley Industrial Park and authorizes the Mayor to sign all related documents on behalf of the City of Grand Island for this reuse project. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G4 #2009-139 - Approving Disaster Recovery Program Community Development Block Grant Application This item relates to the aforementioned Public Hearing Item E-5. Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-139 WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974, as amended, for Small Cities Community Development Block Grant Program (CDBG); and WHEREAS, the City of Grand Island, Nebraska, has obtained it citizens’ comments on community development and housing needs and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application for CDBG funds; and WHEREAS, the City is applying for $843,675 of block grant funds for installation of a sanitary sewer interceptor and sewer main collection system upgrade to address an urgent community development need that occurred as a result of high ground water levels and flooding between May 22 and June 24, 2008; WHEREAS, the total project cost is projected to be $1,003,675, which includes $803,500 for grant project costs, $40,175 for General Administration, and $160,000 of matching funds for the balance of the project; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: The City of Grand Island, Nebraska is hereby authorized to apply for Community Development Block Grant Neighborhood Stabilization Program funds; and the Mayor is hereby authorized and directed to execute such grant application and any and all contracts, documents or other memoranda between the City of Grand Island and the Nebraska Department of Economic Development so a to effect acceptance of the grant application. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G5 #2009-140 - Approving Recovery Act - Energy Efficiency and Conservation Block Grant Application Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Gary Mader, Utilities Director Joni Kuzma, Community Development Administrator Meeting: June 23, 2009 Subject: Approving Energy Efficiency & Conservation Block Grant Application Item #’s: G-5 Presenter(s): Joni Kuzma, Community Development Administrator Background The American Recovery and Reinvestment Act of 2009 appropriates funding for the Department of Energy (DOE) to award formula-based grants to states, U.S. territories, units of local government, and Indian tribes under the Energy Efficiency and Conservation Block Grant (EECBG) Program. The purpose of the EECBG program is to assist eligible entities in creating and implementing strategies to · Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practical, maximizes benefits for local and regional communities; · Reduce the total energy use of the eligible entities; and · Improve energy efficiency in the building sector, the transportation sector, and other appropria te sectors. Cities that were eligible for direct formula grants from the DOE were those that had a population of at least 35,000, or that were one of the 10 highest populated cities of the state in which the city is located. Grand Island is an eligible entity and has been allocated $199,000 in the State and Local Government Formula Allocation. The grant requires eligible units of local government to submit a proposed Energy Efficiency and Conservation Strategy to the Department of Energy no later than 120 days after the effective date of the grant award. All funds must be obligated/committed within 18 months of the effective date of the award and expended within 36 months of the effective dates of the award. Up to 20% of the grant award may be used for grant administration. The application is due on June 25, 2009 Discussion At minimum, the grant will fund development of a required Energy and Efficiency Conservation Strategy for the City of Grand Island. Other activities may be included but staff is assessing eligible activities and options. The matrix included in this packet identifies eligible categories that may be used in selecting priorities for the Energy Strategy. This activity will be completed within 120 days of the effective date of the grant award. Any other related activity cannot take place until the Strategy is approved by the Department of Energy. All units of local government must designate the proper authority to apply for and receive funding based on Title V, Subtitle E, Energy Efficiency and Conservation Block Grants. In this case, the Mayor must be authorized to receive grant funds and implement the EECBG Program. Council action is required to designate the Mayor as the duly authorized official. 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 designate the Mayor as the duly authorized official to apply for and receive grant funding from the Energy Efficiency Conservation Block Grant and authorize the Mayor to sign all related grant documents. Sample Motion Move to designate the Mayor as the duly authorized official to apply for and receive grant funding from the Energy Efficiency Conservation Block Grant and authorize the Mayor to sign all related grant documents. U.S. Department of Energy - Energy Efficiency and Renewable Energy Energy Efficiency and Conservation Block Grants Program Eligible Activities The Solution Center - Eligible Activities page is designed as a resource for individuals looking for information on energy efficiency and renewable energy. It includes energy savings information tailored to local and state governments and Indian tribes. Information is arranged by eligible activity, and includes a definition of each as well as related best practices, samples of completed projects that can be used as a reference for your own energy efficiency projects, and links to related project resources. Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-140 WHEREAS, the American Recovery and Reinvestment Act of 2009 appropriates funding for the Department of Energy (DOE) to award formula-based grants to states, U.S. territories, units of local government, and Indian tribes under the Energy Efficiency and Conservation Block Grant (EECBG) Program; and WHEREAS, Grand Island is an eligible entity and has been allocated $199,000 in the State and Local Government Formula Allocation for energy efficiency planning; and WHEREAS, the grant will fund development of a required Energy and Efficiency Conservation Strategy for the City of Grand Island to be completed within 120 days of the effective date of the grant award; and WHEREAS, all units of local government must designate the proper authority to apply for and receive funding based on Title V, Subtitle E, Energy Efficiency and Conservation Block Grants; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that The Mayor is identified as the duly authorized official to apply for and receive funding for the Energy Efficiency Conservation Block Grant and is authorized to sign all related grant documents. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2009-141 - Approving Bid Award for Handicap Ramp Project No. 2009-1 Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: June 23, 2009 Subject: Approving Bid Award for Handicap Ramp Project No. 2009-1 Item #’s: G-6 Presenter(s): Steven P. Riehle, Public Works Director Background On May 29, 2009 the Engineering Division of the Public Works Department advertised for bids for the construction of handicap ramps along various streets in the City. The ramps are required in conjunction with street resurfacing in accordance with Federal ADA (Americans with Disabilities Act) regulations. The ADA compliant curb ramps in the 2009 project are adjacent to the streets in the 2009 Asphalt Resurfacing program. If the ramps are not completed this calendar year, the City will not be in compliance with the ADA act. The City is also required to have a planned schedule for upgrading public sidewalks to conform to ADA requirements. The current schedule and budget will bring the City into compliance in approximately 25 years. Discussion Two (2) bids were received and opened on June 9, 2009. The Engineering Division of the Public Works Department and the Purchasing Division of the City's Attorney's Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price Galvan Construction Inc. of Grand Island, NE None $128,002.90 The Diamond Engineering Co. of Grand Island, NE None $135,943.87 Funds are available in Account No. 10033506-85351. 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 Public Works Administration recommends that the Council approve the bid award to Galvan Construction Inc. of Grand Island, Nebraska in the amount of $128,002.90. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 9, 2009 at 11:00 a.m. FOR: Handicap Ramp Project No. 2009-1 DEPARTMENT: Public Works ESTIMATE: $216,661.46 FUND/ACCOUNT: 10033506-85351 PUBLICATION DATE: May 29, 2009 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Diamond Engineering Co. Galvan Construction Grand Island, NE Grand Island, NE Bid Security: Universal Surety Co. AMCO Insurance Co. Exceptions: None None Bid Price: $135,920.07 $128,002.89 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator P1342 Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-141 WHEREAS, the City of Grand Island invited sealed bids for Handicap Ramp Project Number 2009-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on June 9, 2009 bids were received, opened, and reviewed; and WHEREAS, Galvan Construction Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $128,002.90; and WHEREAS, Galvan Construction Inc.’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Galvan Construction Inc. of Grand Island, Nebraska in the amount of $128,002.90 for Handicap Ramp Project No. 2009-1 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2009-142 - Approving Bid Award for Sanitary Sewer District No. 76 Replacement; Vine Street, Between Ashton Avenue and Koenig Street Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: June 23, 2009 Subject: Approving Bid Award for Sanitary Sewer District No. 76 Replacement; Vine Street, Between Ashton Avenue and Koenig Street Item #’s: G-7 Presenter(s): Steven P. Riehle, Public Works Director Background This replacement is necessary due to the deterioration of the sanitary sewer line that serves this area, along with the collapse of a portion of Vine Street. The bids for Sanitary Sewer District No. 76 were originally opened on April 14, 2009. The apparent low bidder was Starostka Group Unlimited, Inc. of Grand Island, Nebraska. Starostka’s bid was incomplete as no unit price was filled in for the bid item “Steel Sheet Piling”. Public Works Engineers recommended that sheet piling or some other form of protection is needed to ensure that the work can be completed safely and to prevent an overrun of the concrete street removal and replacement bid items. All of the bids that were received on April 14, 2009 were rejected. The plans and specifications were revised to eliminate the bid item for sheet piling. The specifications were revised to require the contractor to bid the work using a method and means of construction that would provide a safe trench as well as protect the sections of the street that are not being removed. On May 29, 2009 the Public Works Department re-advertis ed for bids for the replacement of Sanitary Sewer District No. 76 on Vine Street, between Ashton Avenue and Koenig Street. Discussion Three (3) bids were received and opened on June 9, 2009. The Public Works Department and the Purchasing Division of the City Attorney's Office reviewed the bids. The engineer's estimate for the project was $301,323.13. A summary of the bids is shown below. Bidder Exceptions Bid Price The Diamond Engineering Co. of Grand Island, NE None $211,322.19 General Excavating of Lincoln, NE None $222,244.35 K2 Construction of Lincoln, NE Noted $157,398.43 The plans and specifications called for removal and replacement of the center portion of Vine Street. Sections of the street have already collapsed and pavement removal would be needed at each of the 8 sanitary sewer service lateral connections. The bid submitted by K2 Construction of Lincoln, Nebraska was not compliant with the plans and specifications for the project. K2 Construction’s bid was to replace the sanitary sewer main by pipe bursting. Pipe bursting was not listed as an allowable alternate method of construction in the bid specifications because of the pavement removal that is needed. The bid submitted by The Diamond Engineering Company meets all of the requirements of the bid plans and specifications. Funds are available in Account No. 53030055.85213.53009. 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 Public Works Administration recommends that the Council approve the bid award to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $211,322.19. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 9, 2009 at 11:15 a.m. FOR: Sanitary Sewer District No. 76 Replacement DEPARTMENT: Public Works ESTIMATE: $301,323.13 FUND/ACCOUNT: 53030055-58213-53009 PUBLICATION DATE: May 30, 2009 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Diamond Engineering Co. General Excavating Grand Island, NE Lincoln, NE Bid Security: Universal Surety Co. Universal Surety Co. Exceptions: None None Bid Price: $211,322.19 $222,244.35 Bidder: K2 Construction Lincoln, NE Bid Security: International Fidelity Ins. Co. Exceptions: Noted Bid Price: $157,398.40 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Fred Tustin, WWTP P1343 Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-142 WHEREAS, the City of Grand Island invited sealed bids for replacement of Sanitary Sewer District No. 76 on Vine Street, between Ashton Avenue and Koenig Street, according to plans and specifications on file with the Public Works Department; and WHEREAS, on June 9, 2009 bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $211,322.19; and WHEREAS, The Diamond Engineering Company bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $211,322.19 for replacement of Sanitary Sewer District No. 76 on Vine Street, between Ashton Avenue and Koenig Street is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract between the City and such contractor for such sanitary sewer replacement services be entered into, 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 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2009-143 - Approving Agreement with Union Pacific Railroad for Preliminary Engineering Services Related to Quiet Zone Improvements Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: June 23, 2009 Subject: Approving Agreement with Union Pacific Railroad for Preliminary Engineering Services Related to Quiet Zone Improvements Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background The first phase of the quiet zone project for the City Of Grand Island is along the Union Pacific Railroad (UPRR) tracks for the crossings at Elm, Walnut, Pine and Oak Streets. The second phase of the quiet zone is for crossings at Blaine Street/Custer Avenue, Broadwell Avenue, and Lincoln Avenue. The crossings at Blaine/Custer, Pine and Oak will be silent; with no railroad engine horn or wayside horn required. The crossings at Broadwell, Lincoln, Elm and Walnut will have wayside horns installed. The wayside horns will be mounted at the side of the street near the crossing and direct the horn blast down the street. A Notice of Intent (NOI) to establish a quiet zone along the UPRR corridor through the phase I crossings was sent to the railroad on January 15, 2009. The NOI is required by the quiet zone regulations of the Federal Railroad Administration. The submittal included preliminary plans for roadway improvements that were identified as Supplemental Safety Measures (SSM’s) at the diagnostic review. SSM’s that were incorporated into the quiet zone plans include things such as raised medians in the roadway in advance of the crossings to discourage motorists from driving around the crossing arms. The UPRR is allowed 60 days to respond to the NOI so they can review the preliminary plans, study the crossings within the proposed quiet zone, and respond with comments. The comments that were received from the railroad were incorporated into the plans and a request to initiate a preliminary engineering agreement was sent to the UPRR on May 19, 2009. The proposed agreement was prepared by the railroad and is being forwarded for council consideration this evening. All agreements must be approved by the City Council. The Union Pacific Railroad (UPRR) requires an agreement be entered into for the preliminary engineering work by the UPRR on the needed railroad improvements to interface with the proposed wayside horns. Discus sion The UPRR requests a $5,000.00 deposit for each location (both Elm & Walnut Streets) to perform preliminary engineering services, development of costs estimates and the review of preliminary layouts in connection with the quiet zone project. Council approval of the agreement for the preliminary engineering and submittal of the $10,000 will start the UPRR on the preliminary engineering. A subsequent “wayside horn agreement” with the UPRR will be needed after preliminary engineering work is completed. The wayside horn agreement will cover the construction, operation and maintenance of the wayside horns. Public Works engineering staff and the city’s consultant, Felsburg, Holt & Ullevig Consulting Engineers are ready to finalize the plans once the UPRR completes the preliminary engineering work. We are pressing forward with the work in an effort to have horns constructed in 2009. 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 Public Works Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement for preliminary engineering for wayside horns at the Walnut & Elm Street crossings and pay the Union Pacific Railroad the sum of $10,000.00. Sample Motion Move to approve authorization for the Mayor to sign the agreement and the approve payment of $10,000.00 to the Union Pacific Railroad for the Walnut and Elm Street Crossings. AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES THIS AGREEMENT, for good and valuable consideration, the receipt of which is hereby acknowledged, is made and entered into effective this ______ day of __________, 2009, by and between Union Pacific Railroad Company Delaware Corporation (hereinafter, “the Railroad”) and the City of Grand Island, a Municipal Corporation of the State of Nebraska (hereinafter the “Public Authority”). Now, therefore, in consideration of the premises, and the promises and conditions hereinafter set forth, the parties hereto agree as follows. 1. The Project and the Work. The Public Authority has stated its intention to proceed initially with a project, as follows, Grand Island Quiet Zone, (hereinafter referred to as “the Project”). The Public Authority has requested that the Railroad conduct preliminary engineering services, develop cost estimates and review preliminary layouts in connection with the Project. Any of the Railroad’s work (whether performed directly by Railroad or by others they contract with) associated with such services is called the “Work” in this Agreement. The Railroad is agreeable to complying with the Public Authority’s request, subject to the terms and conditions of this Agreement. 2. Payment and Deposit for Work. The Public Authority authorizes the Railroad to proceed with the Work relating to the Project. The Public Authority shall pay and reimburse the Railroad for all actual Cost that Railroad incurs in performing such Work. On the date of execution of this Agreement, the Public Authority tenders to Railroad a deposit in the amount specified by Railroad in its web- posted Deposit Schedule (hereinafter, this is referred to as the “Deposit”). The Railroad will apply the Deposit to the total Cost of the Work. If the Deposit is insufficient to pay for the actual Cost of the Work, Railroad will notify the Public Authority of the estimated or actual shortfall and the Public Authority within ten (10) days shall pay that additional amount to the Railroad. Railroad is not required to proceed with the Work until the additional payment for the Work is received. If the Deposit and any additional payment for the Work exceeds the actual Cost of the Work, Railroad will either refund the overage or apply it to the Cost of future Railroad work associated with the Project after the preliminary services are performed, at the Public Authority’s election. 3. “Cost” as used herein means all costs and expenses of labor, supplies, and material incurred for or in connection with the Railroad’s performance of the Work, including, without limitation, direct and indirect labor additives, delivery charges, and Railroad’s additives and overhead, as such are in effect on the date Railroad prepares its estimates or final billing. 4. If the Public Authority elects to go forward with the Project after these preliminary services are performed, Railroad and Public Authority agree to enter into the separate Agreement for the construction of the project and other activities, identified as the [select either Wayside Horn Agreement or Agreement Regarding Quiet Zone Warning Devices], which is currently posted on Railroad’s website. _________________________________________ [PUBLIC AUTHORITY] _________________________________________ [UNION PACIFIC] Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-143 WHEREAS, the Union Pacific Railroad is performing preliminary engineering services related to the Quiet Zone Improvements; and WHEREAS, such services shall consist of preliminary engineering services, development of cost estimates, and the review of preliminary layouts in connection with the Quiet Zone Improvement Project; and WHEREAS, the sum of $10,000.00 shall be paid to the Union Pacific Railroad ($5,000.00 each for Walnut Street and Elm Street crossings); and WHEREAS, an agreement with the Union Pacific Railroad is required to proceed with the preliminary engineering services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Union Pacific Railroad for the preliminary engineering services related to the Quiet Zone Improvements is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City Of Grand Island. BE IT FURTHE RESOLVED, that the sum of $10,000.00 will be paid to the Union Pacific Railroad for the Walnut Street and Elm Street crossings. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2009-144 - Approving Change Order #1 - Cooling Tower Piping Modifications - Burdick Power Plant Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader; Wesley Nespor City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: June 23, 2009 Subject: Change Order #1 - Judds Brothers Construction Company – Burdick Cooling Tower Piping Modifications Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background In the fall of last year, a contract was awarded for the replacement of the cooling tower on the #3 electric generating unit at the Burdick Station Power Plant. The construction of the new cooling tower is completed, with performance testing to be completed during the upcoming summer. The replacement cooling tower is a counter flow tower, which has a different inlet piping arrangement, requiring changes to the existing piping. Judds Brothers Construction Company of Lincoln, Nebraska was awarded the contract for the Burdick Cooling Tower Piping Modifications on January 13, 2009, in the amount of $266,125.00. Discussion During Judds Brothers Construction Company’s excavation work, unsuitable materials were found in the underlying soil which prevented the soil from being reused. This area was at one time a sand pit, that was later filled with broken concrete, re-bar and other debris. The area was excavated, rough fill disposed of, and clean fill hauled in and placed to provide firm support for the new piping. Also, an inspection of existing piping found a number of problems not known at the time the original repair specifications were developed. The problems included a cracked drain pipe and support cradle and a debris filled recirculation supply line. The attached spreadsheet outlines the additional work performed by Judds Brothers Construction Company. This work was not included in the original specifications and was required to complete the project. The change to the contract is an increase of $14,910.02, for a final contract cost of $281,035.02. Utility engineering staff has reviewed the proposed Change Order and finds it accurate and reasonable for the extra work performed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends authorizing Change Order #1 to the Burdick Cooling Tower Piping Modifications Contract at the C.W. Burdick Station Power Plant for an addition to the contract price of $14,910.02. Sample Motion Move to approve Change Order #1 to the contract for Burdick Cooling Tower Piping Modifications with Judds Brothers Construction Company. Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-144 WHEREAS, the City Electric Department invited sealed bids for Burdick Cooling Tower Piping Modifications; and WHEREAS, on December 30, 2008, bids were received, opened and reviewed; and WHEREAS, Judds Brothers Construction Company of Lincoln, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $266,125; and WHEREAS, after excavation work began, unsuitable materials were found in the underlying soil which prevented the soil from being reused, and clean fill was hauled in and placed to provide firm support for the new piping; and WHEREAS, old piping and supports needed to be repaired or modified for equipment installation to accommodate the new. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for Judds Brothers Construction Company of Lincoln, Nebraska, in the amount of $14,910.02, for a total contract cost of $281,035.02, for Cooling Piping Modifications at Burdick Station, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2009-145 - Approving 2009/2010 Fee Schedule Tuesday, June 23, 2009 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 23, 2009 Subject: Approve 2009-2010 Fee Schedule Item #’s: G-10 Presenter(s): Dave Springer, Finance Director Background At the June 16, 2009 council study session, staff presented recommended changes to the current fee schedule. After some discussion, staff was directed to bring the schedule back for formal approval at the June 23, 2009 regular council meeting. Discussion The changes represent increases due to cost pressures, corrections, additions of new fees or deletions of ones no longer needed. No fees were changed from the study session presentation last week. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommendation for requested Fee Schedule changes. 2. Modify the request to meet the policy direction of the Council. 3. Postpone the issue to a future date. Recommendation City Administration recommends that the City Council adopt the Fee Schedule. Sample Motion Move to approve the Fee Schedule for 2009-2010. Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-145 WHEREAS, the 2009/2010 budget process requires an update of the Fee Schedule for numerous services that the City provides; and WHEREAS, the City Council has reviewed proposed changes with city staff at a study session; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2009/2010 proposed Fee Schedule be accepted and incorporated into that year’s budget. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2009-146 - Approving 2009/2010 FTE’s Tuesday, June 23, 2009 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 23, 2009 Subject: Approve 2009-2010 FTE Requests Item #’s: G-11 Presenter(s): Dave Springer, Finance Director Background At the June 16 council study session, staff presented departmental requests for additional personnel or Full Time Equivalents (FTE). Justifications were presented by staff and cost concerns were expressed by council. Discussion The Council felt that even with the City assuming the personnel costs of the added Police Officers and Firefighters upon the ending of grant funding, that there is a need for these positions and that hiring and having their initial training years paid by grant was beneficial to the City. By consensus, it was agreed that Emergency Management is in need of additional support in a Communications Specialist. The two job reclassifications are to more closely reflect the actual duties of those positions. It is expected that the new hires will result in meaningful overtime reductions in those departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommendation for requested FTEs. 2. Modify the request to meet the policy direction of the Council. 3. Postpone the issue to a future date. Recommendation City Administration recommends that the City Council approve the FTE requests as presented for incorporation into the final budget. Sample Motion Move to approve the FTE requests for incorporation into the 2009-2010 budget. Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-146 WHEREAS, the 2009 / 2010 budget process requires a projection of the personnel costs; and WHEREAS, because of the city’s growth and expansion of city services and operations, additional staffing is necessary; and WHEREAS, the net result would be an increase of 11.0 Full Time Equivalent Employees (FTE) and approximately $550,000 in the general fund and the same city wide. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2009/2010 proposed budget be prepared to include the 11.0 FTE’s and $550,000 in the general fund and the same city wide. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2009-147 - Approving 2009/2010 Outside Agencies Funding Tuesday, June 23, 2009 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 23, 2009 Subject: Approve 2009-2010 Funding for Outside Agencies Item #’s: G-12 Presenter(s): Dave Springer, Finance Director Background At the June 16, 2009 study sessio n, the funding for Outside Agencies was discussed. Agencies briefly outlined their programs and need for city support. Discussion Council agreed to a proposal suggested last year, that the funding for charitable organizations be reduced to zero over a five year period from the 2009 funding level. The Health Department and Clean Community Systems would be funded as requested. The Convention and Visitors Bureau and Multicultural Coalition should be considered for inclusion with Agencies with Working Relationships with the City and contracts or inter-local agreements be researched. The reason that all of these entities are presented to council, is that there is no agreement in place which sets a funding amount. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommendation for Outside Agency funding. 2. Modify the request to meet the policy direction of the Council. 3. Postpone the issue to a future date. Recommendation City Administration recommends approval of the funding as presented. Sample Motion Move to approve the Outside Agency funding for incorporation into the 2009-2010 budget. OUTSIDE AGENCY FUNDING 2006 2007 2008 2009 2010 ADMINISTRATION ORGANIZATION FUNDED FUNDED FUNDED FUNDED REQUESTED RECOMMENDATION Hope Harbor 4,500$ 4,500$ $4,500 $4,500 $4,500 $3,600 Convention and Visitors Bureau 10,000$ 10,000$ $10,000 $10,000 $15,000 $8,000 Council for International Visitors 1,000$ 1,000$ $1,000 $1,000 $1,000 $800 Crisis Center 12,000$ 12,000$ $12,000 $12,000 $13,000 $9,600 G. I. Dive and Rescue Team - Trailer 2,000$ 2,000$ $0 $0 $0 $0 Retired and Senior Volunteer Program (RSVP)10,000$ 10,000$ $10,000 $10,000 Note:$0 Senior Citizens Industries, Inc.15,000$ 15,000$ $15,000 $15,000 $15,000 $12,000 Multicultural Coalition 10,000$ 10,000$ $10,000 $10,000 $10,000 $8,000 Izaac Walton Kids Fishing Derby 2,000$ 2,000$ $2,000 $2,000 $2,000 $1,600 Grand Island Sports Council $100,000 $0 Central Nebraska Ethnic Festival 198$ $212 $450 $300 $300 (Temporary office space and postage) Totals 66,500$ 66,500$ 64,712$ 64,950$ 160,800$ 43,900$ Note: The RSVP Program closed on March 31, 2009 and returned $6,667 in unspent grant monies to the City. AGENCIES WITH WORKING RELATIONSHIPS WITH CITY DEPARTMENTS 2006 2007 2008 2008 2009 ADMINISTRATION ORGANIZATION FUNDED FUNDED FUNDED FUNDED REQUESTED RECOMMENDATION Central Nebraska Health Department 135,000$ 125,000$ 120,000$ 120,000$ 120,000$ $120,000 Clean Community Systems 20,000$ 20,000$ 20,000$ 20,000$ 20,000$ $20,000 Totals 155,000$ 145,000$ 140,000$ 140,000$ 140,000$ $140,000 TOTAL OUTSIDE AGENCIES 221,500$ 211,500$ 204,712$ 204,950$ 300,800$ 183,900$ Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-147 WHEREAS, the Mayor and Council have reviewed application materials from the following not for profit entities and determined that each provides services that constitute a legitimate public purpose; and WHEREAS, each entity has agreed to submit an annual audit or accounting reflecting how public funds are being expended to accomplish such public purpose; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that funding is hereby approved for the 2009-2010 budget year to the following agencies in the stated amounts: Central District Health Department $120,000 Central Nebraska Ethnic Festival 300 Crisis Center 9,600 Grand Island Area – Clean Community Systems 20,000 Grand Island Area Council for International Visitors 800 Grand Island / Hall County Convention and Visitors Bureau 8,000 Grand Island Izaak Walton – Fishing Derby 1,600 Hope Harbor 3,600 Multicultural Coalition 8,000 Senior Citizens Industries, Inc. 12,000 BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contracts with such agencies on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Hooker Bros. Sand & Gravel for a Conditional Use Permit for a Sand and Gravel Operation Location at 3947 South Locust Street This item relates to the aforementioned Public Hearing Item E-3. Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item I1 #2009-148 - Approving Request from Alm, LLC dba Senor Lucky’s, 115 West 3rd Street for a Class "C" Liquor License and Liquor Manager Designation for Abbigal Meyer, 328 South Plum Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-148 WHEREAS, an application was filed by Alm, LLC, doing business as Senor Lucky’s, 115 West 3rd 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 June 13, 2009; such publication cost being $14.73; and WHEREAS, a public hearing was held on June 23, 2009 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Abbigal Meyer, 328 South Plum 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 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2009-149 - Approving Request from Mama Ines, Inc. dba Mama Ines, 384 N. Walnut Street for a Class "I" Liquor License and Liquor Manager Designation for Iliana Garcia, 517 North Ruby Avenue This item relates to the aforementioned Public Hearing Item E-2. Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-149 WHEREAS, an application was filed by Mama Ines, Inc., doing business as Mama Ines, 384 N. Walnut Street for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on June 13, 2009; such publication cost being $14.73; and WHEREAS, a public hearing was held on June 23, 2009 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Iliana Garcia, 417 North Ruby Avenue 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 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2009-150 - Approving Appointment of Mary Lou Brown as Finance Director Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Council Agenda Memo From: Mayor Margaret Hornady Meeting: June 23, 2009 Subject: Appointment of City Finance Director/City Treasurer Item #’s: I-3 Presenter(s): Mayor Margaret Hornady Background January 12, 2009, City Finance Director, David Springer notified the City of his intention to retire as of April 17, 2009. As the search for his replacement has been difficult, he graciously offered to extend his retirement date until August 7, 2009. Mr. Springer began his employment with the City on May 24, 2000. The Finance Director/City Treasurer position is considered a statutory officer of the City of Grand Island and is appointed by the Mayor and approved by the City Council. Discussion The City began its search for a new Finance Director in late January 2009. The recruitment efforts included advertising in various local news papers, national online publications, various State League of Municipalities publications, and direct mail just to name a few sources. I am pleased to announce that a candidate has been chosen to bring forward for appointment. Mary Lou Brown, a native Nebraskan who currently resides near Denver Colorado is my recommendation for the next Finance Director/City Treasurer. Mary Lou will be begin at step 4 of the pay scale which equates to $85,965.35 per year. Mary Lou comes to us with a strong background in corporate accounting, finance and treasury. Her educational background includes a B.A. in Business and French from Gustavus Adolphus College in St. Peter, Minnesota and a M.B.A. in Finance from Creighton University in Omaha, Nebraska. She is currently the Director of Bankruptcy Claims as a member of the Adelphia Bankruptcy Team. Prior to her work with Adelphia, she worked as a Senior Director of Human Resources Operations with Dex Media, a Senior Director of Financial Planning and Analysis with Qwest Communications, and held similar titles with US West Dex and US West, Inc. She has a reputation of being a person of high ethical standards, a problem solver, and someone who enjoys a challenge. Her successful career history is attributed to her strong technical knowledge and her leadership skills. While she doesn’t come in with municipal experience I have every confidence that she is someone who will learn quickly and be able to bring people together to find solutions. It is with great pleasure that I forward Ms. Mary Lou Brown to the City Council for their approval of her as the next City Finance Director/City Treasurer. 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 Mayor Margaret Hornady recommends that the Council approve the appointment of Mary Lou Brown to be the Finance Director/City Treasurer for the City of Grand Island. Sample Motion Move to approve the appointment of Mary Lou Brown as Finance Director/City Treasurer for the City of Grand Island. Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-150 WHEREAS, under Neb. Rev. Stat., §16-308, the office of Finance Director for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of Finance Director; and WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall hold the position until the end of the Mayor’s term of office; and WHEREAS, this position appointed by the Mayor may be removed at any time by the Mayor with approval of a majority of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Mary Lou Brown is hereby duly appointed the Finance Director for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2009-151 - Approving Project for Athletic Field Complex at Veterans Home Tuesday, June 23, 2009 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 23, 2009 Subject: Approving Project for Athletic Field Complex at Veterans Home Item #’s: I-4 Presenter(s): Jeff Pederson, City Administrator Background In order to authorize the Athletic Fields Replacement Project for expenditure authority, the City Council needs to take formal action to designate it in the Budget. Project expenditures need to begin soon, particularly for the design of grading and drainage on the site. Discussion Sufficient appropriation exists in the Capital Projects Fund for the current budget year to allow the project to get underway. The balance of the $1.5m appropriation necessary to be included in the 2009/2010 Budget will be determined and included in that Budget for consideration and adoption in August. 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 #2009-151 authorizing the Athletic Fields Replacement Project for expenditure authority. Sample Motion Move to approve Resolution #2009-151. Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-151 WHEREAS, the Nebraska State Legislature has adopted Legislative Bill 224 which allows for up to One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) in cash or legally binding commitments provided by or on behalf of the City of Grand Island for the purpose of relocating and reconstructing recreational facilities displaced by the relocation of the Nebraska State Fair to Grand Island; and WHEREAS, the City of Grand Island intends to relocate and reconstruct its recreational facilities, which cost may exceed One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), and wishes to comply with the law as amended by Legislative Bill 224, which has been signed by the Governor of the State of Nebraska and WHEREAS, the City has adopted a budget for fiscal year 2008-2009, which budget contains within it appropriation for capital projects which were identified at the time of the adoption of the budget; and WHEREAS, the City wants to take on the relocation of the recreational facilities as a capital project which will require an adjustment of other projects previously adopted for the capital fund. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the relocation of the recreational facilities from the Hall County Livestock Improvement Association location to land recently leased from the State of Nebraska near Eagle Scout Lake, west of Broadwell, be a project allowed to be funded in the 2008-2009 and 2009-2010 budget capital fund, which project shall have sufficient appropriation by making the following adjustments to the Capital Fund. --- Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk- Item I5 #2009-152 - Approving Certifying $1.5 Million to State of Nebraska for Veteran Home Athletic Field Complex Tuesday, June 23, 2009 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 23, 2009 Subject: Approving Certifying $1.5 Million to State of Nebraska for Veteran Home Athletic Field Complex Item #’s: I-5 Presenter(s): Jeff Pederson, City Administrator Background With the passage of LB 224 in this Session of the Nebraska Unicameral, replacement of capital facilities lost at Fonner Park due to the location of the Nebraska State Fair became an eligible cost of the State Fair Construction Budget. In recognition of the loss of athletic facilities at Fonner Park due to the location of the State Fair to Grand Island, the Bill specifically allowed for up to $1.5m of the required city contribution of $8.5m (to host the State Fair) to become part of the “plan of improvements” for the State Fair through the relocation of existing improvements from the Fonner property to a different site. Discussion LB 224 requires that contributed funds intended for use for replacement of existing improvements be certified in cash or in a legally-binding commitment. Following a process that included site acquisition and the development of a site development Plan, it is desire of the City to utilize the provisions of LB 224 to allow the construction of replacement fields for $1.5m to count towards the city contribution of $8.5m. This Resolution sets forth a procedure whereby the City will place $1.5m in Trust by July 1 in order to satisfy that requirement. The City will use a local lending institution for the purposing of establishing the Trust Account, and all project transactions will be administered through the Trust. 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 pass Resolution No. 2009-152 authorizing the placement of $1.5m in a Trust Account for the purpose of construction of replacement athletic facilities. Sample Motion Move to approve Resolution #2009-152. Approved as to Form ¤ ___________ June 19, 2009 ¤ City Attorney R E S O L U T I O N 2009-152 WHEREAS, the City of Grand Island currently has recreational facilities on land leased from the Hall County Livestock Improvement Association, which fields will be relocated onto land leased from the State of Nebraska due to the relocation of the Nebraska State Fair; and WHEREAS, the Nebraska State Legislature has adopted Legislative Bill 224 which allows for up to One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) in cash or legally binding commitments provided by or on behalf of the City of Grand Island for the purpose of relocating and reconstructing recreational facilities displaced by the relocation of the Nebraska State Fair to Grand Island; and WHEREAS, the City of Grand Island intends to relocate and reconstruct its recreational facilities, which cost may exceed One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), and wishes to comply with the law as amended by Legislative Bill 224, which has been signed by the Governor of the State of Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the amount of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) in cash shall be provided by the City of Grand Island, Nebraska for the purpose of relocating and reconstructing recreational facilities displaced by the relocation of the Nebraska State Fair to Grand Island, which amount shall be placed on deposit with the Nebraska Department of Administrative Services to be held in trust for use by the City of Grand Island for the purposes outlined in LB 224 or Wells Fargo Bank, National Association as agreed to by the Nebraska Department of Administrative Services and the City of Grand Island to hold said funds, which funds shall be restricted in use solely for the relocation and reconstructing of said recreational facilities. Said funds shall be placed with the Nebraska Department of Administrative Services or the agreed upon escrow agent by July 1, 2009. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 23, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk- Item J1 Approving Payment of Claims for the Period of June 10 2009 through June 23, 2009 The Claims for the period of June 10, 2009 through June 23, 2009 for a total amount of $3,210,996.63. A MOTION is in order. Tuesday, June 23, 2009 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council