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09-22-2009 City Council Regular Meeting PacketCity of Grand Island Tuesday, September 22, 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 C1 Recognition of Gary Mader, Utilities Department Director for 35 Years of Service with the City of Grand Island The Mayor and City Council will recognize Gary Mader, Utilities Department Director for 35 Years of Service with the City of Grand Island. Mr. Mader was hired on August 1, 1974 as a Utilities Engineer I and was promoted to Utilities Engineer-Mechanic on February 1, 1975. That position was reclassified to Engineer III on January 30, 1978. He was then promoted to his current position of Utilities Director on May 5, 1986. We Congratulate Mr. Mader for his dedication and service to the City of Grand Island. Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C2 Proclamation "Public Power Week" October 4-10, 2009 Since 1907, the City of Grand Island Utilities Department has provided low-cost, safe and reliable electricity to the community of Grand Island. This community-owned, locally controlled, not-for-profit electric utility serves our community in a dependable and trustworthy way. The Mayor would like to recognize the City of Grand Island Utilities Department for the contributions they make to our community by proclaiming October 4-10, 2009 as "Public Power Week". See attached PROCLAMATION. Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item C3 Proclamation "Community Planning Month" October 2009 Community planning helps manage the constant change that affects all municipalities. The month of October is designated as National Community Planning Month throughout the United States and its territories. Mayor Hornady has proclaimed the month of October as "Community Planning Month" in the City of Grand Island and recognizes the contributions made by many professional planners here in the city and county. See attached PROCLAMATION. Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Mayor Hornady City of Grand Island City Council Item E1 Public Hearing on the Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, City Attorney Meeting: September 22, 2009 Subject: Public Hearing Concerning the Semi-Annual Report by the Citizen’s Review Committee on the Economic Development Program Plan Item #’s: E-1 & G-4 Presenter(s): Dale M. Shotkoski, City Attorney Dehn Renter, Chairman, Citizen’s Advisory Review Committee Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens’ Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizens Advisory Review Committee is required by State Statute and the Grand Island City Code to make a semi-annual report to the City Council. Discussion The Citizens Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee looks forward to receiving and reviewing meritorious applications for consideration in the future. The committee received the semi-annual report from the Economic Development Corporation at its meeting of September 9, 2009, and voted to forward it on to the City Council for its review and acceptance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Accept the semi-annual report of the Citizens’ Advisory Review Committee. 2. Do not accept the semi-annual report of the Citizens’ Advisory Review Committee. Recommendation City Administration recommends that the Council accept the semi-annual report of the Citizens’ Advisory Review Committee. Sample Motion Move to accept the semi-annual report of the Citizens’ Advisory Review Committee. Item E2 Public Hearing for Program Income Reuse Funds Guidelines for Housing Tuesday, September 22, 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 Meeting: September 22, 2009 Subject: Approving Program Income Reuse Plan Guidelines for Housing Item #’s: E-2 & G-5 Presenter(s): Joni Kuzma, Community Development Administrator Backgro und The Nebraska Department of Economic Development allows local governments to retain program income from the Housing Category on eligible Community Development Block Grant activities that rehabilitate or support housing. The current City of Grand Island Program Income Reuse Plan was adopted by Council on January 8, 1996. Since that time many of the Department of Economic Development reuse guidelines have been modified. The proposed Reuse Plan has been updated to reflect compliance with Department guidelines. Discussion Program Income Reuse Funds are administered by the Community Development Division for activities that rehabilitate or support housing located within Community Development Block Grant (CDBG) project area boundaries. Program Income generally means gross income received by the City through the repayment of housing rehabilitation loans, first-time homebuyer subsidy loans, sale of property, other miscellaneous receipts or from a sub-recipient of the City that was generated from the use of CDBG funds. Funds received from deferred payment/forgivable loans or grants are maintained in an interest bearing account. Reuse Funds may be expended only for projects that meet identified National Objective(s) primarily benefiting low-and-moderate income persons. Community Development provides program and fiscal management of Reuse Funds, meets semi-annual reporting requirements of the Department of Economic Development, and incorporates changes made by the Department. A public hearing is required to amend the Reuse Plan. A public hearing notice was published in the Grand Island Independent on Saturday, September 12, 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 City Administration recommends that the Council approve the Program Income Reuse Plan. Sample Motion Move to approve the Program Income Reuse Plan. Item F1 #9239 - Consideration of Approving Salary Ordinance Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: September 22, 2009 Subject: Salary Ordinance Item #’s: F-1 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island conducts salary surveys to identify comparable wages for its employees. It has been three years since the last survey for the non-union employee group. The City Council recently passed a budget that specified 3.5% as the budget authority that was to be used to implement the results of the current salary survey. Discussion The cities that were used in the array were: Ames, Iowa, Council Bluffs, Iowa, Fremont, Hastings, Kearney, and North Platte, Nebraska, and Salina Kansas. The Council gave direction to use a more balanced array and in doing so there are three cities that are larger and four that are smaller. Ames and Salina have been used in the City’s array for several years. Council Bluffs has been added this year as it was added by the CIR in the IAFF case. This survey produced wages at both ends of the spectrum meaning that some positions saw a great deal of movement while other positions were frozen. While there will be some major movement in some salary tables, the highest adjustment that an employee will experience at implementation is 7.8% and the lowest is 0%. The salary range will be adjusted per the survey results. Employees will not move backwards in their current hourly wage, however, they could move backwards in step placement. Should an employee move into lower steps in the new range they will be placed in the next closest step that gives them at least a 2% increase. This means that an employee may go backwards in their placement on the scale but will receive an initial increase in October and then will be eligible for step movement at their evaluation date. This type of implementation allows the City to remain compliant with State of Nebraska comparability statutes while controlling the pace of salary increases to fall within the 3.5% budget authority that was approved by Council for the new Fiscal Year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Salary Ordinance #9239. Sample Motion Move to approve Salary Ordinance #9239. Approved as to Form ¤ ___________ September 18, 2009September 18, 2009September 18, 2009September 15, ORDINANCE NO. 9239 An ordinance to amend Ordinance 9231 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to move the non union and IBEW-Information Technology positions listed below to the new IBEW- Service/Clerical group; to amend the job classifications of Maintenance Worker I – Golf and Maintenance Worker II – Golf to Maintenance Worker – Golf; to amend the salary ranges of the non union employees; to separate the full time Solid Waste Division Clerk from the part time Solid Waste Division Clerk; covered under the AFSCME labor agreement; IBEW-Utilities and IBEW-Finance labor agreements; the IBEW-WWTP labor agreement; the FOP labor agreement; and the IAFF labor agreement ; and to repeal those portions of Ordinance No. 9231 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accountant 1617.06/2276.10 1728.80/2437.60 Exempt Accounting Technician – Solid Waste 1093.44/1538.67 1200.00/1577.60 40 hrs/week ORDINANCE NO. 9239(Cont.) - 2 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Assistant to the City Administrator 1539.07/2166.77 1681.60/2367.20 Exempt Assistant Utility Director – Administration 3005.32/4229.13 3262.40/4592.00 Exempt Assistant Utility Director – PGS & PCC 3255.46/4581.33 3532.80/4974.40 Exempt Attorney 2150.91/3026.67 2151.20/3319.20 Exempt Biosolids Technician 1329.96/1872.14 1363.21/1918.94 40 hrs/week Building Department Director 2452.05/3449.03 2520.00/3585.60 Exempt Cemetery Superintendent 1464.95/2062.42 Exempt City Administrator 3967.46/5583.39 4310.48/6065.29 Exempt City Attorney 2864.86/4032.02 2978.40/4192.00 Exempt City Clerk 1646.54/2317.09 1799.20/2532.80 Exempt Civil Engineering Manager – Public Works Engineering 2182.24/3071.80 2289.60/3283.20 Exempt Civil Engineering Manager – Utility PCC 2400.12/3379.05 2560.00/3655.20 Exempt Collection System Supervisor 1510.07/2125.10 1727.20/2455.20 40 hrs/week Community Service Officer 887.58/1248.55 968.00/1316.00 40 hrs/week Custodian – Library, Police 887.08/1251.81 40 hrs/week Electric Distribution Superintendent 2403.77/3381.86 2500.00/3426.40 Exempt Electric Distribution Supervisor 2030.77/2856.54 2111.20/2895.20 40 hrs/week ORDINANCE NO. 9239(Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Electric Underground Superintendent 2140.60/3011.97 2226.40/3052.00 Exempt Electrical Engineer I 1963.80/2764.73 2026.40/2796.80 Exempt Electrical Engineer II 2276.15/3203.71 2350.40/3240.80 Exempt Emergency Management Deputy Director 1580.85/2224.51 1708.80/2336.80 Exempt Emergency Management Director 2249.86/3165.80 2432.00/3324.80 Exempt EMS Division Chief 1990.58/2800.84 2289.17/3220.97 Exempt Engineering Technician - WWTP 1418.74/1996.13 1509.60/2132.80 40 hrs/week Engineering Technician Supervisor 1621.62/2282.65 1687.20/2442.40 Exempt Equipment Operator - Solid Waste 1209.74/1703.66 40 hrs/week Finance Director 2855.05/4017.67 Exempt Fire Chief 2601.25/3659.41 2724.00/3860.00 Exempt Fire Operations Division Chief 2142.56/3014.68 2399.66/3376.44 Exempt Fire Prevention Division Chief 1990.58/2800.84 2110.02/2968.89 Exempt Fire Training Division Chief 1990.58/2800.84 2110.02/2968.89 Exempt Fleet Services Superintendent 1630.56/2295.94 1930.40/2727.20 Exempt Fleet Services Supervisor 1358.58/1911.85 1536.80/2140.80 40 hrs/week Golf Course Superintendent 1824.72/2567.68 1824.80/2633.60 Exempt ORDINANCE NO. 9239(Cont.) - 4 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Grounds Management Crew Chief – Cemetery 1368.25/1925.50 40 hrs/week Grounds Management Crew Chief – Parks 1409.29/1983.25 40 hrs/week Human Resources Director 2509.86/3530.34 2576.80/3671.20 Exempt Human Resources Specialist 1300.87/1830.21 1380.00/2028.00 40 hrs/week Information Technology Manager 2316.32/3259.09 Exempt Information Technology Supervisor 1943.36/2734.93 2032.00/3123.20 Exempt Legal Secretary 1142.42/1609.57 1517.60/2040.80 40 hrs/week Librarian I 1281.11/1801.98 1325.60/1844.00 Exempt Librarian II 1409.41/1982.94 1468.00/2068.00 Exempt Library Assistant I 893.83/1257.38 928.80/1278.40 40 hrs/week Library Assistant II 985.94/1387.29 1023.20/1410.40 40 hrs/week Library Assistant Director 1671.62/2352.10 1672.00/2383.20 Exempt Library Clerk 749.19/1055.59 765.60/1062.40 40 hrs/week Library Director 2262.37/3184.54 Exempt Library Page 580.93/817.68 594.40/822.40 40 hrs/week Library Secretary 999.09/1405.37 1111.20/1579.20 40 hrs/week Maintenance Worker – Golf 1115.40/1573.00 40 hrs/week Manager of Engineering Services 2239.98/3151.48 2466.40/3540.00 Exempt Meter Reader Supervisor 1402.93/1975.75 Exempt ORDINANCE NO. 9239(Cont.) - 5 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Office Manager – Police Department 1195.90/1683.25 1215.20/1683.25 40 hrs/week Parking Monitor 594.59/837.60 648.80/881.60 40 hrs/week Parks and Recreation Director 2558.81/3599.05 Exempt Parks Superintendent 1707.12/2401.41 1788.00/2528.80 Exempt Payroll Specialist 1275.36/1794.32 40 hrs/week Planning Director 2537.18/3569.42 Exempt Police Captain 1979.75/2785.60 2142.40/3013.60 Exempt Polic e Chief 2724.39/3834.86 2724.00/3860.00 Exempt Police Records Clerk - Part Time 935.60/1317.32 992.00/1380.80 40 hrs/week Power Plant Maintenance Supervisor 2244.07/3156.59 Exempt Power Plant Operations Supervisor 2335.70/3286.31 2336.00/3363.20 Exempt Power Plant Superintendent – Burdick 2558.46/3600.21 Exempt Power Plant Superintendent – PGS 2949.50/4148.57 Exempt Public Information Officer 1470.54/2068.91 1606.40/2260.80 Exempt Public Works Director 2866.03/4033.13 Exempt Receptionist 961.79/1353.34 992.00/1435.20 40 hrs/week Recreation Superintendent 1618.55/2276.68 1674.40/2402.40 Exempt Regulatory and Environmental Specialist 2213.05/3112.95 Exempt Senior Accountant 1826.15/2568.93 2105.60/2931.20 Exempt Senior Communications Specialist/EMD 1198.64/1685.98 1296.00/1771.20 40 hrs/week ORDINANCE NO. 9239(Cont.) - 6 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Senior Electrical Engineer 2492.06/3506.35 2572.00/3546.40 Exempt Senior Equipment Operator, Solid Waste 1270.24/1787.37 40 hrs/week Senior Utility Secretary 1002.03/1413.19 1146.00/1636.40 40 hrs/week Shooting Range Superintendent 1618.55/2276.68 1674.40/2402.40 Exempt Solid Waste Division Clerk - Full Time 898.54/1264.12 1143.20/1531.20 40 hrs/week Solid Waste Division Clerk - Part Time 898.54/1264.12 1017.89/1390.40 40 hrs/week Solid Waste Superintendent 1838.29/2586.82 Exempt Street Superintendent 1758.89/2477.35 1880.00/2736.80 Exempt Street Supervisor 1396.18/1963.59 1478.40/2100.80 40 hrs/week Turf Management Specialist 1415.21/1991.14 1640.00/2321.60 40 hrs/week Utility Director 3896.36/5481.07 4157.60/5957.60 Exempt Utility Production Engineer 2630.29/3701.68 Exempt Utility Services Manager 2059.48/2898.16 2140.00/2978.40 Exempt Utility Warehouse Supervisor 1601.66/2252.73 1745.60/2438.40 40 hrs/week Victim Assistance Unit Coordinator 935.60/1317.32 1004.00/1413.60 40 hrs/week Wastewater Engineering/Operations Superintendent 2051.64/2887.97 2052.00/2903.20 Exempt Wastewater Plant Chief Operator 1310.87/1845.26 1516.00/2136.80 40 hrs/week Wastewater Plant Maintenance Supervisor 1516.01/2133.58 40 hrs/week ORDINANCE NO. 9239(Cont.) - 7 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 1832.80/2468.00 Wastewater Plant Process Supervisor 1572.10/2213.43 1900.00/2561.60 40 hrs/week Water Superintendent 1937.68/2725.61 /2736.80 Exempt Water Supervisor 1652.15/2326.74 1672.80/2410.40 40 hrs/week Worker / Seasonal 580.00/1600.00 Exempt Worker / Temporary 580.00/1600.00 40 hrs/week SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, exclud ing shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 1110.06/1561.01 40 hrs/week Fleet Services Attendant/Clerk 1009.13/1423.30 40 hrs/week Fleet Services Inventory Specialist 1106.90/1557.86 40 hrs/week Fleet Services Mechanic 1266.28/1780.94 40 hrs/week Horticulturist 1172.08/1651.40 40 hrs/week Maintenance Worker – Cemetery 1101.64/1550.50 40 hrs/week Maintenance Worker – Parks 1094.29/1541.04 40 hrs/week Maintenance Worker – Streets 1071.16/1507.39 40 hrs/week Senior Equipment Operator – Streets 1216.22/1712.39 40 hrs/week Senior Maintenance Worker – Parks 1216.22/1712.39 40 hrs/week Senior Maintenance Worker – Streets 1216.22/1712.39 40 hrs/week Traffic Signal Technician 1216.22/1712.39 40 hrs/week ORDINANCE NO. 9239(Cont.) - 8 - SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Clerk 1112.01/1471.52 40 hrs/week Cashier 1020.64/1390.80 40 hrs/week Custodian 1191.81/1407.37 40 hrs/week Electric Distribution Crew Chief 2176.99/2768.73 40 hrs/week Electric Underground Crew Chief 2176.99/2768.73 40 hrs/week Engineering Technician I 1371.90/1962.94 40 hrs/week Engineering Technician II 1695.94/2325.37 40 hrs/week GIS Coordinator 1744.86/2448.39 40 hrs/week Instrument Technician 2046.35/2703.39 40 hrs/week Lineworker Apprentice 1327.03/1945.84 40 hrs/week Lineworker First Class 2011.47/2378.99 40 hrs/week Materials Handler 1656.26/2220.18 40 hrs/week Meter Reader 1193.34/1556.14 40 hrs/week Meter Technician 1604.44/1982.93 40 hrs/week Power Dispatcher I 2009.25/2793.64 40 hrs/week Power Dispatcher II 2110.34/2933.73 40 hrs/week Power Plant Maintenance Mechanic 1901.96/2368.30 40 hrs/week Power Plant Operator 2246.90/2617.25 40 hrs/week Senior Accounting Clerk 1249.93/1637.30 40 hrs/week Senior Engineering Technician 2145.83/2626.02 40 hrs/week Senior Materials Handler 1907.02/2487.45 40 hrs/week Senior Meter Reader 1413.33/1677.46 40 hrs/week Senior Power Dispatcher 2441.20/3350.01 40 hrs/week Senior Power Plant Operator 2215.32/2839.98 40 hrs/week Senior Substation Technician 2608.37/2703.39 40 hrs/week ORDINANCE NO. 9239(Cont.) - 9 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Senior Water Maintenance Worker 1549.75/2040.66 40 hrs/week Substation Technician 2414.66/2510.52 40 hrs/week Systems Technician 2128.00/2703.39 40 hrs/week Tree Trim Crew Chief 1906.27/2367.31 40 hrs/week Utilities Electrician 1910.30/2510.52 40 hrs/week Utility Technician 1865.79/2624.50 40 hrs/week Utility Warehouse Clerk 1378.64/1700.91 40 hrs/week Water Maintenance Worker 1291.18/1785.58 40 hrs/week Wireworker I 1450.53/2051.04 40 hrs/week Wireworker II 2011.47/2378.99 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Police Officer 1376.13/1923.74 Police Sergeant 1722.37/2360.04 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, ORDINANCE NO. 9239(Cont.) - 10 - vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. There shall also be established for each employee in the bargaining unit a Training and Special Events bank of fifty (50) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the training and special events bank. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants fr om parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are not deducted from the training and special events bank. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid fo r such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Fire Captain 1800.44/2496.42 212 hrs/28 days Firefighter / EMT 1337.63/1941.19 212 hrs/28 days Firefighter / Paramedic 1493.45/2109.24 212 hrs/28 days ORDINANCE NO. 9239(Cont.) - 11 - SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 1104.57/1554.23 40 hrs/week Equipment Operator – WWTP 1254.02/1764.54 40 hrs/week Maintenance Mechanic I 1254.02/1764.54 40 hrs/week Maintenance Mechanic II 1404.09/1975.70 40 hrs/week Maintenance Worker – WWTP 1254.02/1764.54 40 hrs/week Senior Equipment Operator – WWTP 1355.49/1907.30 40 hrs/week Wastewater Clerk 943.56/1327.67 40 hrs/week Wastewater Plant Laboratory Technician 1331.18/1873.11 40 hrs/week Wastewater Plant Operator I 1121.57/1578.17 40 hrs/week Wastewater Plant Operator II 1254.02/1764.54 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical group are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 1093.44/1538.67 40 hrs/week Administrative Assistant 1180.58/1662.19 40 hrs/week Audio Video Technician 1115.35/1569.42 40 hrs/week Building Inspector 1415.47/1991.53 40 hrs/week Building Secretary 999.09/1405.37 40 hrs/week Community Development Administrator 1245.34/1752.33 Exempt Communication Specialist/EMD 1030.93/1454.21 40 hrs/week Computer Operator 1434.40/1885.62 40 hrs/week ORDINANCE NO. 9239(Cont.) - 12 - Computer Programmer 1703.42/2285.98 40 hrs/week Computer Technician 1477.44/1942.22 40 hrs/week Custodian – Police, Full Time 887.08/1251.81 40 hrs/week Ele ctrical Inspector 1415.47/1991.53 40 hrs/week Emergency Management Coordinator 991.57/1394.84 40 hrs/week Engineering Technician – Public Works 1418.74/1996.13 40 hrs/week Evidence Technician 887.58/1248.55 40 hrs/week Finance Secretary 999.09/1405.37 40 hrs/week GIS Specialist 1681.79/2359.90 40 hrs/week Maintenance Worker I – Building, Library 1028.34/1446.75 40 hrs/week Maintenance Worker II – Building, Library, Police 1082.92/1527.18 40 hrs/week Parks and Recreation Secretary 999.09/1405.37 40 hrs/week Planning Secretary 999.09/1405.37 40 hrs/week Planning Technician 1521.35/2140.47 40/hrs/week Plans Examiner 1415.47/1991.53 40 hrs/week Plumbing Inspector 1415.47/1991.53 40 hrs/week Police Records Clerk – Full Time 935.60/1317.32 40 hrs/week Purchasing Technician 1071.93/1507.82 40 hrs/week Shooting Range Operator 1368.25/1925.50 40 hrs/week Stormwater Technician 1418.74/1996.13 40 hrs/week Utility Secretary 999.09/1405.37 40 hrs/week SECTION 8. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. All employees covered by the IAFF labor agreement shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $484.00 per year, divided into twenty-four (24) pay periods. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary of $25.00 per pay period. If any such ORDINANCE NO. 9239(Cont.) - 13 - employee covered by the IAFF or FOP labor agreements shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Non-union employees and employees covered by the FOP labor agreement, the IBEW Utilities and Finance labor agreements, may receive an annual stipend not to exceed $1,000 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities and IBEW – Finance labor agreements shall be allowed a meal allowance for actual cost, or up to $7.00 per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground Superintendent, and Engineering Technician Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by the IBEW labor agreement and employees covered by the ORDINANCE NO. 9239(Cont.) - 14 - AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications Fleet Services Supervisor, Fleet Services Superintendent, and Fleet Services Mechanic shall receive a tool allowance of $10 biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: (A) For all non-union employees the City will include in the second paycheck in January of each year, payment for an employee’s unused medical leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be based on 50% of the accumulated hours above 960 at the employee’s current pay rate at the time of such compensation. (B) All employees covered in the IBEW Utilities and IBEW Finance labor agreements shall be paid for forty-seven percent (47%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed four hundred eighty-eight and one third hours (calculated at 47% x 1039 hours = 488.33 hours), the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred ninety-eight and eighty-eight ORDINANCE NO. 9239(Cont.) - 15 - hundredths hours (calculated at 38% x 1,576 hours = 598.88 hours). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Wastewater labor agreement shall be paid 37.5% of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed three hundred ninety-nine hours (calculated at 37.5% x 1064 hours = 399 hours). Non- union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for one-half of their accumulated medical leave at the time of their retirement. The amount of contribution will be based upon the employee’s salary at the time of retirement. All employees covered by the AFSCME labor agreement shall be paid forty-five (45%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred seventy-eight and eighty hundredths hours (calculated at 45% x 1064 hours = 478.80 hours). All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred five hours (calculated at 37.5% x 1,080 hours = 405 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave bank at the time of their death, not to exceed five hundred forty hours (50% x 1,080 hours = 540 hrs.), based on the employee’s salary at the time of their death. ORDINANCE NO. 9239(Cont.) - 16 - (C) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. The City Administrator shall receive a vehicle allowance of Five Hundred Dollars ($500.00) per month in lieu of mileage allowance, divided into two equal payments of Two Hundred Fifty Dollars ($250.00). SECTION 11. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 12. The salary adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law the first full pay period in October, 2009. SECTION 13. Those portions of Ordinance No. 9132 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: ____________________________________ ORDINANCE NO. 9239(Cont.) - 17 - Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9240 - Consideration of Amendment to Ordinance No. 9232; Vacation of a Portion of the Public Alley located in Rollins Second Subdivision Tuesday, September 22, 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: September 22, 2009 Subject: Consideration of Amendment to Ordinance No. 9232; Vacation of a Portion of the Public Alley located in Rollins Second Subdivision Item #’s: F-2 Presenter(s): Steven P. Riehle, Public Works Director Background On September 8, 2009 the City Council approved Ordinance No. 9232, which vacated the public alley between Lot One (1), Block Nine (9) and Lot Ten (10), Block Nine (9) in Rollins Addition. Discussion Ordinance No. 9232 incorrectly listed the description for the alley vacation, due to the area being resubdivided. The accurate description for the alley vacation is a portion of the public alley between Lot One (1) and Lot Two (2), Block Nine (9) Rollins Addition and Lot Two (2) in Rollins Second Subdivision. 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 an ordinance to vacate the alley with the correct legal description. Sample Motion Move to approve Ordinance No. 9240. Approved as to Form ¤ ___________ September 17, 2009 ¤ City Attorney ORDINANCE NO. 9240 An ordinance to vacate a portion of the public alley between Lot One (1) and Lot Two (2), Block Nine (9) Rollins Addition and Lot Two (2) in Rollins Second Subdivision to Grand Island, Hall County, Nebraska and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of the public alley located between Lot One (1) and Lot Two (2) in Block Nine (9) in Rollins Addition and Lot Two (2) in Rollins Second Subdivision to Grand Island, Hall County, Nebraska is hereby vacated and more particularly described as follows: COMMENCING THE SOUTHWEST CORNER OF LOT 2 OF SAID BLOCK 9, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID ALLEY RIGHT OF WAY (R.O.W.); THENCE ON AN ASSUMED BEARING OF N61°34'32"E ALONG SAID NORTH ALLEY R.O.W. LINE A DISTANCE OF 46.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N61°34'32"E ALONG SAID NORTH ALLEY R.O.W. LINE A DISTANCE OF 59.55 FEET TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 9, SAID POINT • THIS SPACE RESERVED FOR REGISTER OF DEEDS • ORDINANCE NO. 9240 (Cont.) - 2 - ALSO BEING THE POINT OF INTERSECTION OF SAID NORTH ALLEY R.O.W. LINE AND THE WEST R.O.W. LINE OF EDDY STREET; THENCE S28°12'23"E A DISTANCE OF 16.15 FEET TO THE NORTHEAST CORNER OF LOT 2 OF ROLLINS SECOND SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE OF EDDY STREET AND THE SOUTH LINE OF SAID ALLEY R.O.W.; THENCE S61°35'21"W ALONG SAID SOUTH ALLEY R.O.W. LINE A DISTANCE OF 59.49 FEET; THENCE N28°25'28"W A DISTANCE OF 16.13 FEET TO THE POINT OF BEGINNING. SAID PUBLIC ALLEY R.O.W. CONTAINS 961 SQUARE FEET OR 0.02 ACRES MORE OR LESS. A public utility easement shall be retained in the area where the alley is vacated. Such public alley to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this Ordinance shall revert to the abutting properties. SECTION 3. This Ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 22, 2009 ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of September 8, 2009 City Council Regular Meeting Tuesday, September 22, 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 September 8, 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 September 8, 2009. Notice of the meeting was given in The Grand Island Independent on September 2, 2009. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Nickerson, Zapata and Gericke. Councilmember Haase was absent. The following City Officials were present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown, 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 Lauren Cantrell and Danielle Jim along with Board Member Jared Stockwell. PRESENTATIONS AND PROCLAMATIONS: Recognition of Michael Peterson, Fleet Services with the Public Works Department for 25 Years of Service with the City of Grand Island. The Mayor and City Council recognized Michael Peterson, Fleet Inve ntory Specialist with the Public Works Department for 25 years of service with the City of Grand Island. Michael Peterson was present. Presentation from Central District Health Department Regarding H1N1 Update. Teresa Anderson, Executive Director of the Central District Health Department updated the Council on the H1N1 Flu. Presented were recommended action steps under the current flu conditions. ADJOURN TO BOARD OF EQUALIZATION: Motion by Meyer, second by Nickerson, carried unanimously to adjourn to the Board of Equalization. #2009-BE-3 – Consideration of Determining Benefits for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road. Mary Lou Brown, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #4. Special assessments were for the amount of $26,233.69. #2009-BE-4 – Consideration of Determining Benefits for Business Improvement District #6, Second Street. Mary Lou Brown, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #6. Special assessments were for the amount of $39,293.84. #2009-BE-5 – Consideration of Determining Benefits for Business Improvement District #7, South Locust Street from Stolley Park Road to Highway 34. Mary Lou Brown, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #7. Special assessments were for the amount of $46,615.31. Page 2, City Council Regular Meeting, September 8, 2009 Motion by Nickerson, second by Ramsey to approve Resolutions #2009-BE-3, #2009-BE-4, and #2009-BE-5. Upon roll call vote, all voted aye. Motion adopted. #2009-BE-6 – Consideration of Determining Benefits for Business Improvement District #8, Downtown. Mary Lou Brown, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #8. Special assessments were for the amount of $89,410.19. Presented were three Resolutions with a 0%, 70% and 100% assessment for owner occupied residents. Discussion was held on residents paying any assessment. Bruce Eberle, 3219 Hiawatha Place commented on how the assessment was arrived at for BID #8. Wendy Alexander, 123 North Locust, Apt. 805 and Lynn Buckley, 123 North Locust, Apt. 1103 spoke in opposition. Motion by Gilbert, second by Ramsey to approve Resolution #2009-BE-6 (B). Upon roll call vote, Councilmember’s Gilbert, Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember’s Meyer, Niemann, Carney, and Gericke voted no. Mayor Hornady voted aye to make the sixth deciding vote. Motion adopted. RETURN TO REGULAR SESSION: Motion by Meyer, second by Ramsey carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from Olsson Associates for a Conditional Use Permit for a Soil Vapor Extraction Trailer Located at 373 North Vine Street. Craig Lewis, Building Department Director reported that Olsson Associates had submitted an application for an extension of a current conditional use permit located at 373 North Vine Street. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 441 Pheasant Drive (Roy R. Rathgeber). Gary Mader, Utilities Director reported that a utility easement was needed at 441 Pheasant Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place underground cable and a pad- mounted transformer to a new home being constructed on the lot. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Alley Right of Way Located at 518 North Eddy Street in Lot 9, Block 10 of Rollins Addition (Bank of Doniphan). Steve Riehle, Public Works Director reported that the Bank of Doniphan was dedicating a 16 feet wide alley to create an “L” shaped alley between 5th and 6th Streets from Clark Street to Eddy Street to replace the one being vacated by Ordinance #9230. Staff recommended approval. No public testimony was heard. Public Hearing on General Property, Parking District #2 (Ramp) and Community Development Authority Tax Request. Mary Lou Brown, Finance Director reported that state statutes requires the City to conduct a public hearing if the property tax request changes from one year to the next. Property tax request for the general property tax was $6,406,867, Parking District No. 2 at $8,000, and the Community Redevelopment Authority property tax at $425,000. Staff recommended approval. No public testimony was heard. Page 3, City Council Regular Meeting, September 8, 2009 Public Hearing on Establishing the Rates for the General Occupation Tax for Downtown Parking District No. 1. Mary Lou Brown, Finance Director reported that this was the annual Council action to establish the occupation tax for Downtown Improvement and Parking District No. 1. FY 2009-2010 occupation tax factor was $.1588 per square foot and would provide taxes of $40,000. Staff recommended appr oval. No public testimony was heard. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9231 – Consideration of Approving Salary Ordinance #9232 – Consideration of Vacation of East 52.8 Feet of Alley Between 5th and 6th Street, from Clark Street to Eddy Street in Block 9 of Robbins Addition (Bank of Doniphan at 518 North Eddy Street) #9233 – Consideration of Approving FY 2009-2010 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 #9234 – Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement and Parking District No. 1 #9235 – Consideration of Assessments for Business Improvement District #4, South Locust Street from Stolley park Road to Fonner Park Road #9236 – Consideration of Assessments for Business Improvement District #6, Second Street #9237 – Consideration of Assessments for Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 #9238 – Consideration of Assessments for Business Improvement District #8, Downtown be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. Brenda Sutherland, Human Resources Director reported that Ordinance #9231 was the salary ordinance setting the wages for the upcoming fiscal year. Explained was the non-union increase of 3% and the salary survey. Motion by Carney, second by Nickerson to approve Ordinance #9231. Discussion was held concerning the 3% versus 4.5%. The 3% would be an across the board raise for non-union employees. Jeff Pederson, City Administrator commented on the salary survey and recommended the survey should be implemented if Council voted on the 3.5%. He mentioned that the non-union salaries could be pulled from this ordinance and be brought back to Council at the next meeting. Motion by Meyer, second by Nickerson to table this vote until after the vote was taken on the budget. Upon roll call vote, Councilmember’s Meyer, Niemann, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Gilbert voted no. Motion adopted. #9232 – Consideration of Vacation of East 52.8 Feet of Alley Between 5th and 6th Street, from Clark Street to Eddy Street in Block 9 of Robbins Addition (Bank of Doniphan at 518 North Eddy Street) Page 4, City Council Regular Meeting, September 8, 2009 Steve Riehle, Public Works Director reported that Ordinance #9232 would vacate a public alley at 518 North Eddy Street. Discussion was held on the drive thru at the bank and parking. Motion by Carney, second by Dugan to approve Ordinance #9232. City Clerk: Ordinance #9232 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9232 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9232 is declared to be lawfully adopted upon publication as required by law. #9233 – Consideration of Approving FY 2009-2010 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 Mary Lou Brown, Finance Director reported Ordinance #9233 related to the aforementioned Public Hearing. Motion by Ramsey, second by Zapata to approve Ordinance #9233. Discussion was held regarding the non-union employee salaries. Motion by Carney, second by Gericke to amend Ordinance #9233 to reflect a reduction of non-union salaries from 4.5% to 3.5%. Discussion was held regarding the salary survey, cost-of-living, implementation process, and non- union employees covered by the CIR. Jeff Pederson, City Administrator mentioned the comparability between positions regarding the salary survey. Health insurance was recommended by Administration to increase from 15% to 16% across the board. Brenda Sutherland, Human Resources Director explained the insurance coverage and the process of salary surveys being done every three years. She mentioned the Department Director’s hadn’t been done for four years. Upon roll call vote of the amendment, Councilmember’s Meyer, Carney, Dugan, and Gericke voted aye. Councilmember’s Niemann, Gilbert, Ramsey, Zapata, and Nickerson voted no. Motion failed. City Clerk: Ordinance #9233 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Niemann, Ramsey, Zapata, and Nickerson voted aye. Councilmember’s Councilmember’s Meyer, Gilbert, Carney, Dugan and Gericke voted no. Motion failed. Discussion was held regarding deleting money in the budget for the Hike/Bike Trails, Heartland Shooting Park, and Lincoln Pool. Reduction in force was mentioned. Council recessed at 9:10 p.m. and reconvened at 9:25 p.m. Motion by Gericke, second by Dugan to approve Ordinance #9233 with the addition of 3.5% for non- union employees. Page 5, City Council Regular Meeting, September 8, 2009 Motion by Meyer, second by Nickerson to have the number of speeches each councilmember can speak be removed. Upon roll call vote, all voted aye. Motion adopted. Motion by Niemann, second by Meyer to amend the budget by adjusting the following by eliminating: · Street Sweeper $168,000.00 · Hike/Bike Trail $200,000.00 · Lincoln Pool $ 68,000.00 · Total $436,000.00 Comments were made that these items would only come back next year. Reduction in the cash reserves were discussed. Upon roll call vote, councilmember’s Meyer, Niemann, Gilbert, Carney, and Zapata voted aye. Councilmember’s Dugan, Ramsey, Nickerson, and Gericke voted no. Mayor Hornady voted no. Motion failed. Motion by Gilbert, second by Nickerson to eliminate over-time in non-emergency departments. Discussion was held on emergency situation such as snow removal and waste water emergencies such as we had last year. Upon roll call vote, Councilmember Gilbert voted aye. Councilmember’s Meyer, Niemann, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted no. Motion failed. Motion by Carney, second by Ramsey to call for the question. Upon roll call vote, Councilmember’s Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember’s Meyer, Niemann, and Gilbert voted no. Motion adopted. City Clerk: Ordinance #9233 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember’s Meyer, Niemann, and Gilbert voted no. Motion adopted. City Clerk: Ordinance #9233 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember’s Meyer, Niemann, and Gilbert voted no. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9233 is declared to be lawfully adopted upon publication as required by law. #9234 – Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement and Parking District No. 1 #9235 – Consideration of Assessments for Business Improvement District #4, South Locust Street from Stolley park Road to Fonner Park Road #9236 – Consideration of Assessments for Business Improvement District #6, Second Street #9237 – Consideration of Assessments for Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 Page 6, City Council Regular Meeting, September 8, 2009 #9238 – Consideration of Assessments for Business Improvement District #8, Downtown Mary Lou Brown, Finance Director reported Ordinances #9234, #9235, #9236, #9237 and #9238 related to the aforementioned Public Hearing and Board of Equalization. Motion by Meyer, second by Zapata to approve Ordinances #9234, #9235, #9236, #9237 and #9238. City Clerk: Ordinances #9234, #9235, #9236, #9237 and #9238 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Councilmember’s Meyer and Gilbert voted no on Ordinance #9239. Motion adopted. City Clerk: Ordinance #9234, #9235, #9236, #9237 and #9238 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Councilmember’s Meyer and Gilbert voted no on Ordinance #9239. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9234, #9235, #9236, #9237 and #9238 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-17 and G-19 were removed for further discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding G-17 and G-19. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 25, 2009 City Council Regular Meeting. #2009-207 – Approving Final Plat and Subdivision Agreement for Country Club Third Subdivision. It was noted that Ramiro and Barbara Faz, owners had submitted the Final Plat and Subdivision Agreement for Country Club Third Subdivision for the purpose of creating 2 lots on a tract of land all of Lot One, Country Club 2nd Subdivision comprising of approximately .813 acres. #2009-208 – Approving Final Plat and Subdivision Agreement for J.H. Harders Third Subdivision. It was noted that Marie H. Harder Estate , owners had submitted the Final Plat and Subdivision Agreement for J.H. Harders Third Subdivision for the purpose of creating 2 lots on a tract of land north of Capital Avenue and west of St. Paul Road comprising of approximately 10.5148 acres. Councilmember Gilbert voted no. #2009-209 – Approving Acquisition of Utility Easement Located at 441 Pheasant Drive (Roy R. Rathgeber). #2009-210 – Approving Bid Award for Burdick Station GT1 Generator Rotor Inspection and Testing with TurboCare Generator Services, Inc. of Farmington, New Mexico in an Amount of $75,627.38. #2009-211 – Approving Bid Award for Burdick Station Controls Computer Upgrade with Metso Automation of Landsdale, Pennsylvania in an Amount of $224,167.00. #2009-212 – Approving Supplemental Agreement Number 1 with the Nebraska Department of Roads for Repairs to a Portion of US Highway 34/US Highway 281. #2009-213 – Approving Time Extension of October 15, 2009 to the Contract with Galvan Construction, Inc. of Grand Island, Nebraska for Construction of Handicap Ramp Project No. 2009- 1. Page 7, City Council Regular Meeting, September 8, 2009 #2009-214 – Approving Amendment #3 to the Consulting Services Agreement for Major Permit Modification at the Solid Waste Landfill with Aquaterra Environmental Solutions, Inc. of Omaha, Nebraska in an Amount not to exceed $28,800.00. #2009-215 – Approving Award of Proposal for Engineering Consulting Services for the Central Community College to Wood River Drainage Project with Olsson Associates of Grand Island, Nebraska in an Amount of Actual Costs with a Maximum of $51,900.00. #2009-216 – Approving Acquisition of Alley Right of Way Located at 518 North Eddy Street in Lot 9, Block 10 of Rollins Addition (Bank of Doniphan). #2009-217 – Approving Change Order Number 3 for Capital Avenue Widening, Street Improvement District #1256 with The Diamond Engineering Company of Grand Island, Nebraska for an Increase of $88,735.01 and a Revised Contract Amount of $3,851,360.44. #2009-218 – Approving Bid Award for Surface Prep and Painting of Island Oasis Water Park with Jameson Painting of Minden, Nebraska in an Amount of $58,974.00. #2009-219 – Approving Bid Award for Furnishing & Installation of Well at the Veterans Athletic Field Complex with Nunnenkamp Well Co., Inc. of Grand Island, Nebraska in an Amount of $29,890.00. #2009-220 – Approving Bid Award for Furnishing & Installation of Irrigation System at the Veterans Athletic Field Complex with Nature’s Helper of Omaha, Nebraska in an Amount of $123,750.00. #2009-221 – Approving Bid Award for Grading Improvements for the Veterans Athletic Field Complex with Slepicka Construction of Dorchester, Nebraska in an Amount of $83,526.25. #2009-223 – Approving Authorizing Park and Recreation Department Staff to Apply for Trail Grant. #2009-225 – Approving Annual Agreement for Financial Software Licensing and Support with Tyler Technologies, Inc., MUNIS Division of Falmouth, Maine in an Amount of $114,357.50. #2009-222 – Approving Agreement with the Nebraska Game and Parks Commission for Enhancement of Hunter Education at the Heartland Public Shooting Park. Steve Paustian, Parks and Recreation Director reported that the Nebraska Game and Parks Commission had developed a program where the Commission would provide two boxes of ammunition to each successful participant in the hunter education pr ogram firing a shotgun. This agreement would hold harmless the Game and Parks Commission. Motion by Gilbert, second by Dugan to approve Resolution #2009-222. Upon roll call vote, all voted aye. Motion adopted. #2009-224 – Approving First Amendment to Lease Agreement with Fonner Park Exposition and Events Center, Inc., Hall County Livestock Improvement Association, City of grand Island, and the Nebraska State Fair Board. Councilmember Dugan stated he would pull any item from the Consent Agenda that dealt with the Nebraska State Fair in order for the City to be transparent. Page 8, City Council Regular Meeting, September 8, 2009 Motion by Dugan, second by Meyer to approve Resolution #2009-224. Upon roll call vote, all voted aye. Motion adopted. ORDINANCE: #9231 – Consideration of Approving Salary Ordinance Motion by Dugan, second by Meyer to approve Ordinance #9231 for all unions and pull out the non- union portion and bring back to Council on September 22, 2009. Lewis Kent, 624 Meves Avenue spoke in support of the unions. Upon roll call vote, all voted aye. Motion adopted. REQUEST S AND REFERRALS: Consideration of Request from Olsson Associates for a Conditional Use Permit for a Vapor Extraction Trailer Located at 373 North Vine Street. This item related to the aforementioned Public Hearing. Motion by Nic kerson, second by Zapata to approve the request from Olsson Associates for a Conditional Use Permit for a vapor extraction trailer located at 373 North Vine Street. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2009-226 – Consideration of Approving General Property, Parking District #2 (Ramp) and Community Redevelopment Authority Tax Request. This item related to the aforementioned Public Hearing. Motion by Ramsey, second by Zapata to approve Resolution #2009-226. Upon roll call vote, Councilmember’s Meyer, Niemann, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Gilbert voted no. Motion adopted. #2009-227 – Consideration of Approving 1% Increase to the Lid Limit. Mary Lou Brown, Finance Director reporte d that in 1998 the Nebraska State Legislature passed LB 989 which put a cap on the amount of restricted revenues a political subdivision could budget for. The restricted revenues that the City of Grand Island included in the budget were Property Taxes, Local Option Sales Tax, Motor Vehicle Tax, Highway Allocation and State Aid. Of those restricted revenues, property tax was the only revenue that the City could control. The increase in restricted funds authority using the 1% additional amount and the population growth (when available) was not an increase in budgeted revenues. It only provided the ability to increase restricted revenues, particularly property tax, in a future year if necessary. Motion by Meyer, second by Gericke to approve Resolution #2009-227. Upon roll call vote, Councilmember’s Meyer, Niemann, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Gilbert voted no. Motion adopted. #2009-228 – Consideration Directing Property Owner to repair Sidewalk at 216 South Oak Street. Steve Riehle, Public Works Director reported that the City had the authority to direct the repair and Page 9, City Council Regular Meeting, September 8, 2009 replacement of sidewalks by owners of the abutting property. The sidewalk at 216 South Oak Street was in need of repair and/or replacement. Discussion was held on the ability for the property owner to pay for the repair of the sidewalk. Motion by Meyer, second by Ramsey to approve Resolution #2009-228. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Gericke to approve the Claims for the period of August 26, 2009 through September 8, 2009, for a total amount of $3,941,872.65. Unanimously approved. Motion by Dugan, second by Gericke to approve the Claims for the Period of July 29, 2009 through September 8, 2009 for the Veterans Athletic Field Complex for a total amount of $1,573.68. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 10:30 p.m. RaNae Edwards City Clerk Item G2 Approving Garbage Permits for Central Waste Disposal, Clark Brothers Sanitation, Heartland Disposal, Mid-Nebraska Disposal and Refuse Permits for Full Circle, O’Neill Transportation and Equipment, and Scott’s Hauling Tuesday, September 22, 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: September 22, 2009 Subject: Approving Garbage and Refuse Haulers Permits Item #’s: G-2 Presenter(s): RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2009/2010: Cent ral Waste Disposal, 147 East Roberts Garbage Clark Brothers Sanitation, 3080 West 2nd Street Garbage Heartland Disposal, 2423 W. Old Lincoln Hwy. Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle, Inc., 4331 Juergen Road Refuse O’Neill Transportation and Equipment, 558 S. Stuhr Rd. Refuse Scott’s Hauling, 3230 Westside Street Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the renewal for garbage/refuse permits. 2. Disapprove or deny the renewals. 3. Modify the renewals to meet the wishes of the Council. 4. Table the issue Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2009/2010. Sample Motion Move to approve the renewal for garbage/refuse permits for 2009/2010. Item G3 Approving Request from Bobby L. Washington, 214 North Custer for Liquor Manager Designation for Pizza Hut, 1608 South Locust Street Tuesday, September 22, 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: September 22, 2009 Subject: Request from Bobby L. Washington, 214 North Custer Street for Liquor Manager Designation for Pizza Hut, 1608 South Locust Street Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background Bobby L. Washington, 214 North Custer Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C- 31060” Liquor License for Pizza Hut, 1608 South Locust Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Cont rol Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Bobby L. Washington, 214 North Custer Street for Liquor Manager Designation in conjunction with the Class “C-31060” Liquor License for Pizza Hut, 1608 South Locust Street with the stipulation that Mr. Washington complete a state approved alcohol server/seller training program. Item G4 #2009-229 - Approving Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan This item relates to the aforementioned Public Hearing Item E-1. Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Approved as to Form ¤ ___________ September 16, 2009 ¤ City Attorney R E S O L U T I O N 2009-229 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §2-110 require a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on September 22, 2009; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2009-230 - Approving Program Income Reuse Funds Guidelines for Housing This item relates to the aforementioned Public Hearing Item E-2. Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council 1 PROGRAM INCOME REUSE PLAN for COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS (Housing or other non-economic development income) City of Grand Island, Nebraska PART I: Type of Plan Program Income Reuse Funds will be administered locally for activities that rehabilitate or support housing located within Community Development Block Grant (CDBG) project area boundaries at the time funds are expended. Program Income generally means gross income received by the City through the repayment of housing rehabilitation loans, first- time homebuyer subsidy loans, sale of property, other miscellaneous receipts or from a sub-recipient of the City that was generated from the use of CDBG funds. Receipts generated from program income will be considered to be program income regardless of the number of times it may be reused. Program Income includes, but is not limited to: · payments of principal and/or interest on loans made using CDBG funds, · proceeds from the disposition (by sale or long-term lease) of real property purchased or improved with CDBG funds, · interest earned on program income pending its disposition, · interest earned on CDBG funds held in an interest-bearing account. The City of Grand Island will provide program and fiscal management of Reuse Funds, meet semi-annual reporting requirements of the Department of Economic Development, and incorporate all future changes made by the Department. PART II: Goals and Objectives of the Plan Reuse Funds will be expended only for projects that meet identified National Objective (s) primarily benefiting low-and-moderate income persons. Other Local Objectives include: 1. To rehabilitate housing occupied by a low-to-moderate-income homeowner to improve it to Nebraska Department of Economic Development Rehabilitation Standards, 2. To acquire and demolish blighted structures for redevelopment, 3. To provide down payment assistance or direct subsidy for purchase of a home by a low-to-moderate-income first-time homebuyer, 4. To provide safe, affordable housing options for low-to-moderate-income residents, 2 5. To update infrastructure needed for safe, affordable housing, Program Income may be spent prior to a CDBG grant award if the housing activities associated with that grant are eligible uses within the Reuse Plan. The City reserves the option to move program income within current grants as long as it is spent prior to any drawdown of federal funds for that activity. If Reuse Funds exceed the allowable limit as set by the Nebraska Department of Economic Development, the City may return all or a portion of the funds to the Department. PART III: Elements of the Plan Eligible Applicants 1. Low-to-moderate-income persons 2. Middle income persons if specified by the Nebraska Department of Economic Development Eligible Activities 1. Rehabilitation of residential property occupied by the homeowner 2. Direct subsidy/first-time homebuyer assistance to expand homeownership among persons of low-to-moderate-income 3. Other CDBG activity as allowed by the Department of Economic Development and consistent with National Objectives Types of Assistance 1. Grants, Deferred or Forgivable loans 2. Other assistance as allowed by the Department of Economic Development Guidelines for Assistance 1. Rehabilitation of residential property: a. Maximum of $25,000 b. 0% interest c. Deferred/forgivable loan term of either 5 or 10 years depending on dollar amount of subsidy per unit (HUD guidelines) 2. Direct Subsidy/First-time Homebuyer Assistance a. Maximum of $20,000, or 20% of the purchase price, whichever is less b. 0% interest c. Deferred/forgivable loan term of either 5 or 10 years depending on dollar amount of subsidy per unit (HUD guidelines) The most current and applicable program guidelines will apply to projects financed with program income. 3 PART IV: Compliance Compliance with Department of Housing and Urban Development (HUD), Nebraska Department of Economic Development and Community Development Block Grant regulations will be the duty of local City staff. The Program Income Reuse Plan will be administered with the most current and applicable guidelines and regulations. If a consultant is hired by the City for an individual project, it would be the City’s responsibility to ensure consultant/contractor compliance with local, state, and federal regulations. Local, state, and federal regulations may include but not be limited to: 1) 24 CFR 5, 2) City of Grand Island and Nebraska Department of Economic Development construction standards, 3) Section 2301(d)(2) of HERA, 4) Section 203 (b) Single Family Mortgage Limit, 5) Section 110 of the Housing and Community Development Act of 1974, as amended, 6) Fair Labor Standards Act of 1938, as amended (29 USC 102 et seq), 7) section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701(u), 8) Davis Bacon Act as amended (40 USC 276-a-276-5) and Section 2 of the June 13, 1934 Act, as amended (48 Stat 948.40 USC 276 (c), popularly known as The Copeland Act, and/or 9) the 2003 International Energy Conservation Code. PART V: Financial Management Funds received from deferred payment/forgivable loans or grants will be deposited into a separate, interest bearing account by the servicing agent. The City maintains multiple accounts in various financial institutions. These funds will be used prior to drawing down funds for the same housing activities or committed as matching funds for a new grant award. Revenues and expenditures will be monitored and maintained through the City financial management system. Original Reuse Plan approved by City Council 1-8-1996 The amended Program Income Reuse Plan was adopted by the Grand Island City Council on September 22, 2009 at a regularly scheduled Council meeting. Meeting minutes are on file with the City and available by request. Resolution #________________ This Program Income Reuse Plan is hereby approved by the Nebraska Department of Economic Development (NEDED) on this ______ day of _______________, 2009. ________________________________________________________________________ DED Representative Name and Title DATE Approved as to Form ¤ ___________ September 18, 2009 ¤ City Attorney R E S O L U T I O N - 2009-230 WHEREAS, the Nebraska Department of Economic Development allows local governments to retain program income from the Housing Category on eligible Community Development Block Grant activities that rehabilitate or support housing; and WHEREAS, Program Income Reuse Funds are administered by the Community Development Division for activities that rehabilitate or support housing located within Community Development Block Grant (CDBG) project area boundaries; and WHEREAS, Nebraska Department of Economic Development periodically updates official program income reuse requirements which necessitate revisions to local guidelines; and WHEREAS, a public hearing was held on September 22, 2009 to solicit public comment regarding the plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Program Income Reuse Plan for housing activities is adopted and approved and that such revised plan be submitted to the Nebraska Department of Economic Development. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2009-231 - Approving Neighborhood Stabilization/Community Development Block Grant Program Guidelines Tuesday, September 22, 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 Meeting: September 22, 2009 Subject: Approving Neighborhood Stabilization Program guidelines Item #’s: G-6 Presenter(s): Joni Kuzma, Community Development Administrator Background The City of Grand Island has been awarded a $993,000 Neighborhood Stabilization Program 1 grant from the Nebraska Department of Economic Development to acquire and demolish six vacant and blighted structures for redevelopment with new housing. These funds were generated from Title III Division B of the Housing and Economic Recovery Act of 2008 that appropriated funds for emergency assistance for the redevelopment of abandoned and foreclosed upon homes and residential properties. The Neighborhood Stabilization Program 1 (NSP 1) grant is new to the Department of Economic Development and is required to meet Department of Housing and Urban Development (HUD) regulations, as well as the regular Community Development Block Grant (CDBG) program regulations. Acquisition/Demolition Guidelines and Direct Subsidy Guidelines for First-Time Homebuyers have been created to meet both HUD and Block Grant requirements. Subordination Guidelines that govern both NSP 1 and CDBG deferred payment, forgivable loan or grant funds have also been updated for approval. Discussion Community Development staff, in coordination with the Department of Economic Development, have developed guidelines that regulate the use of Neighborhood Stabilization Program 1 grant funds. The guidelines proposed for approval are 1. NSP 1 Acquisition/Demolition Program Guidelines 2. NSP 1 Direct Subsidy for First-Time Homebuyers Guidelines 3. Subordination Guidelines The guidelines must be approved by Council prior to submission to the Department of Economic Development for final approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Neighborhood Stabilization Program 1 and Subordination Guidelines. Sample Motion Move to approve the Neighborhood Stabilization Program 1 and Subordination Guidelines. 1 SUBORDINATION GUIDELINES for City of Grand Island Community Development Block Grant Housing Programs 1) Community Development will subordinate within the following conditions: a. Re-financing the original home loan to reduce the amount of interest paid or to reduce the amount of the original monthly payment. b. Re-financing the original home loan for debt consolidation. c. Only one subordination per person for the duration of the program in which they participated. d. Loans must be with a NIFA or an FHA approved lender, unless it is an interest rate reduction loan and the loan amount does not increase. Only then will other consideration be given for another banking institution. e. There may be extenuating circumstances attached to a subordination request. Community Development staff will consider each client on a case by case basis. f. All subordination requests must be submitted to the Community Development Division at least 15 days prior to a regularly scheduled City Council meeting. All subordinations must be approved by the Grand Island City Council before agreements can be signed. If changes are made to the final HUD statement after the 15 day requirement, the document will be rejected and the process will need to start over and be rescheduled for another Council meeting. g. The dollar amount of the loan recorded on the filed Subordination document must not exceed the loan amount submitted to the City on the HUD statement and the City’s lien must be secured in full. 2) Community Development will not subordinate if the following conditions exist: a. There will not be adequate equity in the housing unit to cover both the new first mortgage and the existing City of Grand Island lien after refinancing is completed. b. Applicant has previously been granted one (1) subordination request during the period of eligibility of the program. c. Other conditions exist that may increase the dollar amount of the original mortgage. 2 These Community Development Block Grant Subordination guidelines were adopted by the Grand Island City Council on September 22, 2009 at a regularly scheduled Council meeting. Meeting minutes are on file with the City and available by request. _____________________________________________________ __9-22-09_____________ Margaret Hornady, Mayor Date Resolution #________________ 1 NSP 1 ACQUISITION/DEMOLITION PROGRAM GUIDELINES PURPOSE It is the main goal of the Neighborhood Stabilization Program 1 (NSP 1) is to assist eligible communities to acquire and/or demolish blighted structures for future redevelopment. The program will prevent the spread of blight and its influence, provide assistance to those of the greatest need, and improve the availability and desirability of future redevelopment, which will increase the attractiveness of existing neighborhoods, and increase local employment. This program will be operated by the City of Grand Island. The Grand Island City Council is responsible for the establishment of the following guidelines. DEFINITION OF BLIGHTED STRUCTURE Blighted structures will follow the Nebraska Department of Economic Development (DED) Community Development Block Grant (CDBG) NSP 1 definition. “This definition includes, but is not limited to, “any dwelling, garage, outbuilding, warehouse, commercial building or any other structure or part of a structure, which: because of the effects of fire, wind, flood, or other natural disaster; because of physical deterioration; or, because of demolition, or partial demolition, not carried out to completion within a reasonable period of time. This structure is not habitable as dwelling, or, in the case of a non-dwelling structure, is no longer useful for the purpose for which the non-dwelling structure was intended, and which has been designated by the City as detrimental to the public health or safety in its present condition and use.” 1.0 APPLICANT ELIGIBILITY 1.1 General (Conflict of Interest) No member of the governing body, official, employee, agent or member of their immediate family of the City of Grand island who exercises policy, decision-making functions or responsibilities in connection with the planning and implementation of the NSP program shall directly or indirectly benefit from this program, unless the Nebraska Department of Economic Development (DED) has granted written exception to that member. This prohibition shall continue for one year after an individual’s relationship with the City ends. Any other employee, officer, or board member may be eligible , but will be treated no differently in the determination of applications accepted for funding. 2.0 PROPERTY ELIGIBILITY 2.1 Location The structures to be acquired and/or demolished will be located in the community of Grand Island that are eligib le for NSP 1 funds as defined by DED in Exhibit M of the original grant application. The eligible zip code areas are 68801 and 68803. 2 2.2 Unit Characteristics Only vacant and blighted units (residential) will be eligible for demolition. A vacant property is defined as property that is not inhabited by any person for any dwelling purpose for at least 90 days. 2.3 Condition Prior to demolition the unit will need to be determined vacant and blighted by the City building Department or a qualified inspector. The inspector will be required to complete an approved “structure condition survey” form, which will be provided by the City. The City will also review and certify the report. Structure photographs and other information will be reviewed and approved by the Department of Economic Development Community Development Block Grant (DED CDBG) Contract Manager prior to the start of any demolition occurrence. Documentation must be completed to verify that the structure meets the Department of Economic Development NSP1 definition of “blighted structure”. This documentation must be certified by the DED CDBG Certified Administrator 2.4 Environmental Review Agencies requiring compliance with historic designations, floodplains, archeological significance, hazardous material (i.e. lead paint, asbestos), etc. will be consulted prior to acquisition and/or demolition. Any and all required permits will be obtained prior to demolition. A unit determined by such agencies to have un- resolvable compliance issues will not be eligible for demolition. 3.0 TYPE OF FINANCIAL ASSISTANCE 3.1 NSP Program The City will negotiate a purchase price or other means of acquisition with the owner of an eligible property. The purchase price must be below 1% of the fair market price as determined by a third party appraiser. The purchase price may not exceed $60,000, depending on available grant funds. Properties eligible for purchase and/or demolition will be scored and ranked on a set of predetermined criteria. Following completion of scoring and ranking, the City will purchase and demolish properties until funding is gone. Potential properties for acquisition may be solicited from interested property owners through public notice (Grand Island Independent, other electronic and print media) and direct mailing. Property owners will have opportunity to submit property information for a period of at least15 days from either the publication or direct contact dates. Each property will be scored on the criteria noted in section 3.3. A committee comprised of at least one staff member from Community Development Division, Regional Planning, and the Building Departments will review proposals. Property owners will be notified in writing of the City’s interest in negotiating for purchase of their property. Properties that do not meet at the scoring criteria of vacancy standards, blighted criteria, 1% below market value purchase price, and redevelopment potential will not be eligible for the program. Property owners of ineligible or non-selected properties will be notified in writing. The City must acquire properties at a cost at least 1% below the fair market price. Demolition may not begin until the lien holder and property owner provide written permission to the City to demolish. The property title transfer to the City after purchase may serve as written permission. 3 3.2 Demolition funds The City will follow City Code Chapter 27 with regard to Procurement in selection of demolition services. 3.3 Scoring Criteria Property may only be considered for scoring if it meets basic threshold requirements for program eligibility including vacancy and blighted standards may be purchased for 1% less than fair market value, and environmental review does not result in findings. Scoring Criteria 1. Location of property a. Property not located in Census Tract defined as 51% LMI 5 b. Property located in an area designated as Blighted and Substandard by the City Council 5 c. Housing types in neighborhood are consistent with developers’ 5 standard housing design 2. Size of lot a. Width 1) Smaller than 52.8 square feet 0 2) Between52.8 square feet and 66 square feet 3 3) Equal to 66 square feet 5 4) Greater than 66 square feet 7 b. Area (total lot size) 1) Smaller 6,969 square feet 0 2) Between 6,969 and 8,712 square feet 3 3) Equal to 8,712 square feet 5 4) Greater than 8,712 square feet 7 3. Age of Structure a. 1990 or later 0 b. 1970 – 1989 3 c. 1940 – 1969 5 d. 1939 or earlier 7 4. Quality of infrastructure a. Sanitary Sewer 3 b. Water lines 3 c. Street surfacing 1) gravel 0 2) asphalt 3 3) fair Portland cement 5 4) good Portland cement 7 4 5. Property tax status a. Property taxes paid current 0 b. Property taxes six (6) months delinquent 3 c. Property taxes twelve (12) months delinquent 5 d. Property taxes delinquent for greater than twelve (12) months 7 6. Assessed value a. Greater than $80,000 0 b. $60,000 to $79,999 3 c. $40,000 to $59,999 5 d. Less than $40,000 7 7. Property cannot be used for fire training 5 8. Timeline for acquisition/demolition a. Property can be under contract 180 days or more 0 b. Property can be under contract 180 days or less 3 c. Property can be under contract in 120 days or less 5 d. Property can be under contract in 60 days or less 7 TOTAL POSSIBLE POINTS 75 In case of a tie, the oldest structure may receive priority. If there is no difference in age of structure, the larger lot size may be given priority. If the tie cannot be broken through differences in scoring criteria, properties may be selected through a lottery process. 4.0 DEMOLITION PROCESS Upon decision by the City of Grand Island to fund acquisition/demolition projects based upon the priority ranking from the scoring process, the following steps will be taken: 1. Property will be inspected 2. Third party appraisal conducted 3. Required photos and documentation completed and submitted to DED for approval 4. Negotiations for purchase price occurred 5. Environmental Review conducted 6. Contractor for demolition procured 7. Proper permits will be obtained 8. Property demolished 9. Property is inspected 5.0 GRIEVANCE PROCEDURE In the event that any applicant feels he/she has been unfairly treated or discriminated against during the process of selection for the direct subsidy program, he/she may appeal the decision, specifying the complaint in writing to the Community Development Division for their consideration. A written appeal must be submitted to Community Development staff within 15 calendar days after notification of the decision. The Community Development Advisory Committee will review the appeal and determine a course of action as appropriate. If needed, the Advisory Committee will make a recommendation to support or overturn the decision of Community Development staff within 45 days of receipt of the written appeal. The decision will be in writing and mailed to the applicant. 5 If a satisfactory resolution cannot be attained as a result of this meeting, the Advisory Committee may make a recommendation to the Grand Island City Council who can make the final determination for resolution. 6.0 AMENDM ENTS TO PROGRAM GUIDELINES In an ongoing effort to improve the quality of the City of Grand Island NSP Program, the City will accept suggestions from the public, program participants, contractors, program staff, or members of the Grand Island City Council with regard to program guideline amendments. All suggestions received will be taken under consideration by the City. Upon approval of NEDED and adoption by the Grand Island City Council, the amendment will be included in the program guidelines. 7.0 OFFICIAL CONTACT OFFICE The place of contact for this program shall be the City of Grand Island, City Hall, 100 E. 1st St., Grand Island, Nebraska. Any grievances, suggestions, or requests for information should be directed to this office. This in no way shall be construed to limit other interested parties from distributing information about the program or receiving suggestions for amendments to the program. All grievances shall be directed to the City in writing. NSP 1 Program Guidelines Approval These NSP guidelines are hereby approved by action of the Grand Island City Council for the City of Grand Island this 22nd day of September, 2009 ___________________________________________________________________ _9-22-09___________ Margaret Hornady, Mayor Date Resolution # ________ These NSP 1 guidelines are hereby approved by the Nebraska Department of Economic Development (NDED) this ___ day of ______________,2009 ___________________ DED Representative Date NSP 1 Direct Subsidy Guidelines 1 DIRECT SUBSIDY GUIDELINES for FIRST-TIME HOMEBUYERS The City of Grand Island provides home ownership opportunities for low-income, first- time persons through direct subsidy loans to help purchase a home. With NSP 1 funds, the City plans to target low to moderate income first-time homebuyers in eligible zip code areas: 68801 and 68803. The geographical project area is located within the city limits of Grand Island. The City has received Community Development Block Grant funds from the Nebraska Department of Economic Development through the Neighborhood Stabilization Program (1) to redevelop demolished or vacant properties and provide direct subsidy loans to eligible, qualifying low-to-moderate-income, first-time homebuyers. Applicant Eligibility Applicants must be first-time homebuyers to be eligible for the subsidy program. A first time homebuyer is generally defined as a person who has not had ownership interest in their principle residence or other residential property at anytime in the last 3 years. Generally all members of a household over age 18 planning to occupy the house must meet the first-time homebuyer eligibility criteria. However, if a parent plans to live with the applicant, the parent does not have to be a first-time homebuyer. There are two specific exceptions to the first-time homebuyer criteria. 1) If the principal residence has been lost due to legal action (i.e. divorce where no proceeds were realized) or 2) A family member was required to relocate to maintain employment for the same company. Applicants owning and occupying a mobile home are eligible for first-time homebuyer status. Eligible clients owning a mobile home will be required to sell the unit. Sale proceeds may be applied to the new home purchase or used to reimburse the direct subsidy program after property obligations are satisfied and if they exceed the asset allowance. An applicant may retain ownership of the mobile home only if rental income (less payment/s due) is counted as personal income. The assessed value of a retained mobile home will be used to determine the applicant asset total. The Community Development Division will accept applications and qualify persons for the program on a “first-come, first-serve” basis. Applications will be accepted until all slots have been filled with income-qualified and approved persons. Additional applications may be accepted in case an approved applicant cannot achieve program requirements and no longer qualifies for the program. The next available applicant may NSP 1 Direct Subsidy Guidelines 2 then be notified. If more than one application is considered to be equal in approval and acceptance dates, the applicant with the lowest, qualifying household income will be given priority. If income determination does not resolve the tie, the selection of applicant will be based on a lottery. Applications will be accepted during regular business hours of the Community Development office, Monday through Friday, 8:00 a.m. to 5:00 p.m. Completed applications are kept on file for 6 months from the application date and, unless changes have occurred in the household, generally considered as eligible for the program. All applicants will be notified by letter of approval or denial for the program. For the NSP 1 program, an applicant must be able to: · contribute a minimum of $1000 towards the purchase price, · secure a first mortgage from a reputable lender, · attend and complete an approved REACH first-time homebuyer/owner education course or a HUD approved first-time homebuyer course, and · provide all of the information requested on the Program Checklist. All applications will be reviewed based on the Fair Housing Act of 1988. Discrimination due to race or color, national origin, religion, sex, age, handicap or familial status will not be allowed. Geographic Eligibility The NSP 1 Program will be confined to the target areas of zip codes 68801 and 68803 within the corporate city limits of Grand Island, Nebraska. Income Eligibility An applicant may not exceed a household income maximum that is at or below 120% Hall County Area Median Income guidelines, adjusted by family size. Household income is the anticipated gross annual income defined by Section 8 Part 5 Program Annual Income with third party verification and meets the definition of 24 CFR 5.609. Households between 60% and 120% are the target population. Applicants with income less than 60% of median may need to acquire additional assistance from other sources to qualify. The income of all household members age 18 or older will be counted toward total household income, regardless of relationship to the applicant. Income will be verified and documented by Community Development staff. The most current HUD income guidelines will be used to determine eligibility. Any income issue not explicitly defined in these guidelines shall be subject to the current income guidelines as set by the Nebraska Department of Economic Development. Applicants must: 1) complete a City of Grand Island application package, which includes but is not limited to basic demographic and personal information, income verifications, NSP 1 Direct Subsidy Guidelines 3 checking/ savings/other accounts information, 2) furnish U.S. Individual Tax returns for the previous three (3) years or applicable data, and 3) provide any other documents requested to determine eligibility. A signed copy of tax returns or official forms generated by the IRS must be submitted. Applicants will be required to sign third party verification for employment and to allow the City access to information about all open accounts. Retirement, pension, etc. information must be supplied by the applicant. It is the responsibility of the applicant to obtain and provide needed documents. Applicants may choose a preferred financing option for the first mortgage. However, the City reserves the right to refuse program eligibility if the amount of the loan will result in a housing payment burden. For this program, housing payments may be considered a burden if the Principal, Interest, Taxes, and Insurance (PITI) exceed 30% of gross income. An applicant with debt that exceeds 45%, including PITI, will not be eligible for program funds until the debt load is reduced below that percentage. The amount of direct subsidy, combined with the PITI payment, may or may not be based on the income of all adult persons moving into the home. If an adult member of a household chooses not to be included on the Lenders loan documents and/or the Lenders Deed of Trust, the gross income of all adult members may be considered in the amount of assistance provided. In some cases, families who exclude other adult members of the household from the lender loan and lender deed of trust may not qualify for the program. All adult members (excluding qualifying children and or adult parents) of the household must sign the City of Grand Island Loan Documents and Promissory Note. Households that need someone to co-sign Loan Documents will not be eligible. Applicant Review Process Direct Subsidy applications will be available from the Community Development office and accepted during regular business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. Applications will be tracked by date of completion by applicant and date/time accepted by Community Development staff. Completed applications will be kept on file for a period of six (6) months from the application date. Applications will be reviewed by Community Development staff to determine eligibility for the program and approve or deny the application. The Mayor will sign the Deed of Trust. All applicants will be notified in writing of approval or denial for the program. First Mortgage Eligibility Receipt of a direct subsidy will be contingent on the ability of the applicant to secure a first mortgage or enter into a program to establish sufficient credit to qualify for a first mortgage. The applicant must obtain a mortgage loan from a lender who agrees to comply with bank regulator guidance for non-traditional mortgages. Applicants will be responsible for the selection of the first mortgage lender. However, the City reserves the right to confirm adherence to federal guidelines, require the applicant to apply for a NIFA loan and/or to contact other lenders. NSP 1 Direct Subsidy Guidelines 4 Allowable Assets Applicant/s shall not have liquid assets exceeding $10,000.00. “Liquid assets” are defined as checking accounts, certificates of deposits, savings accounts, savings bonds, stocks, and bonds. Liquid assets in excess of $10,000.00 must be liquidated even if a penalty results and used towards the purchase of the home. This may result in a reduction of assistance. Liquid assets sha ll not include (1) individual retirement accounts (IRA’S), retirement, pension, or welfare plan funds governed by provision of the Employment Retirement Income Security Act (ERISA). 20 U.S. St/St 1001, et seq., or Internal Revenue Code, 26 U.S.C. St/St1, et seq.; or (2) other funds held in employment benefit or investment plans where withdrawal of such shall cause the applicant to incur a tax or other penalty. However, interest from these accounts will be counted as income. Pre-paid funeral arrangements will not be considered as an asset. Conversion of liquid assets to the above described accounts in order to avoid personal contribution to homeownership will be considered “asset dumping”. If this occurs, an applicant will not be eligible for the program for at least two years. Property Eligibility: The purchase price of property that the City may acquire with NSP 1 funds for demolition and redevelopment must be purchased at a cost of at least 1% less than the fair market value as established by a third party appraisal. New construction must meet or exceed the City of Grand Island and the Nebraska Department of Economic Development construction standards, including the following: · 2006 Edition of International Building Code and International Residential Code with local amendments (adopted by the City 05/01/08) · 2006 Edition of Uniform Plumbing Code with local amendments. (adopted 04/24/07) · 2006 Edition of Uniform Mechanical Code with local amendments. (adopted 04/24/07) · 2008 Edition of National Electrical Code – State with local amendments. (adopted 11/01/08) · 2003 International Energy Conservation Code For NSP 1 funds, property definitions shall be as follows: Blighted structure. Blighted structure includes, but is not limited to, any dwelling, garage, outbuilding, warehouse, commercial building, or any other structure or part of a structure, which: (a) because of the effects of fire, wind, flood or other natural disaster; (b) because of physical deterioration; or, (c) because of demolition, or partial demolition, not carried out to completion within a reasonable period of time; is no longer habitable as a dwelling or, in the case of a non-dwelling structure was intended, and which has been NSP 1 Direct Subsidy Guidelines 5 designated by a State CDBG-recipient unit of local government or non-profit organization as detrimental to the public health or safety in its present condition and use. Vacant: Properties that are not inhabited by any person for any dwelling purpose for at least 90 days. Current Market Appraised Value: The current market appraised value means the value of a foreclosed upon home or residential property that is established through an appraisal made in conformity with the appraisal requirement of the URA at 49 CRF 24.103 and completed within prior to 60 days an offer made for the property by a grantee, sub- recipient, or individual homebuyer. Sale of Home Restriction: (Section 2301(d)(2) of HERA, directs that, if an abandoned or foreclosed-upon home, or residential property is purchased, redeveloped, or otherwise sold to an individual as a primary residence, then such sale shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition. Property must be located within the designated target area. Under no circumstances will 1) potential homeowners receive assistance or reduced interest rates if the action would result in displacing an existing household or 2) be allowed to purchase a property with owners or tenants currently living in the unit, regardless of the status of rent payments. No person(s) will be displaced as a result of the NSP 1 program. A signed copy of the Residential Anti-Displacement and Relocation Assistance Act has been approved by the Grand Island City Council and is on file with the Nebraska Department of Economic Development. For the NSP program, the property purchased may only be a newly constructed unit. Property or a portion of property assisted through this program may not be used or retained for any rental purpose. The amount of direct subsidy depends upon the purchase price of the home. The subsidy may not exceed $20,000.00 or 20% of the purchase price, which ever is the lesser of the two. The purchase price of the home must not exceed the appraised value or Section 203 (b) Single Family Mortgage Limit ($271,050). The total monthly mortgage payment will include monthly homeowner’s insurance premiums and property tax payments. Additional funds may be leveraged by the applicant from other sources such as employer contributions in an employer assisted housing program. Direct Payment Subsidy Subsidy will be in the form of direct assistance to the property and will not exceed $20,000.00, or 20% of the purchase price, which ever is the lesser of the two. If the subsidized property is sold, changes occupancy, is no longer the principal residence of the homeowner, or is in violation of the intended use during the period of affordability, the note will become due upon demand. The property may neither be used as a rental property nor may the occupant rent-out any portion of the home. NSP 1 Direct Subsidy Guidelines 6 The direct payment subsidy from the City of Grand Island will be secured by a second mortgage in the form of a Real Property Mortgage Lien for a period of 10 years. The Mortgage Lien and a corresponding Promissory Note will be filed as a Public Record and filed with the Hall County Register of Deeds. Failure to abide by NSP 1 program regulations may result in legal action by the City of Grand Island. The amount owed will decrease as follows: 00 – 12 months 00% 13 – 24 months 10% 25 – 36 months 20% 37 – 48 months 30% 49 – 60 months 40% 61 – 72 months 50% 72 – 84 months 60% 85 – 96 months 70% 96 – 108 months 80% 108 – 120 months 90% 120 - months plus 1 day 100% The affordability period for homes purchased through Habitat for Humanity is ten (10) years. The homebuyer assumes a 0% interest first mortgage for a period of 20 to 30 years depending on applicant income compared to the purchase price of the home. The purchase price of a Habitat built home is less than fair market value because the cost to build a house for this program creates another level of affordability for very low income homebuyers. The second mortgage begins to be reduced after the 5th year of purchase, reduces 20% annually for five (5) years and is forgiven at the end of ten (10) years. If a property is sold within ten (10) years of purchase, the home must be made available to homebuyers at or below 120% Area Median Income. Resale restrictions will be defined in the Note to Secure the Deed of Trust and the Deed of Trust, which will be filed with Hall County. NSP 1 direct subsidy loans will be subject to subordination guidelines adopted September 22, 2009 by the Grand Island City Council. (APPENDIX __) Lease Agreements Applicants may be required or elect to lease for a period of time prior to obtaining permanent financing. Community Development staff of the City have sole discretion to offer or require a lease. Applicants approved to lease a property will sign a City of Grand Island lease agreement. Rent will be based on the estimated total of the Principal, Interest, Taxes, and Insurance payment required for purchase. The Housing Development Corporation (HDC) will act as Supervised Account Manager, manage applicant supervised accounts, and help determine appropriate use of the escrowed funds per NSP 1 guidelines. Rent will be paid directly to the Housing Development Corporation. All or a portion of the rent may be escrowed by the HDC in NSP 1 Direct Subsidy Guidelines 7 an interest bearing account and can be used to escrow for homeowner contribution to permanent financing loan, closing costs, debt reduction, or other approved activity. The escrow account will be held in the name of the Housing Development Corporation and the use of the rents will be determined by the City with recommendation from HDC. If the renter/prospective homeowner does not purchase the home, all rents in the escrow account belong to the City. During the lease agreement, the City of Grand Island may pay the property taxes and homeowners insurance. Tenants will be responsible for utilities, lawn maintenance, and/or snow removal. As outlined in the lease agreement, any modifications to the structure must be submitted in writing as a request to the City of Grand Island and approved in writing by the City prior to undertaking any modification. Pets may be allowed on the premises during the lease period with prior approval from the City of Grand Island. Tenants must provide proof of renters insurance which may be easily converted to homeowners insurance. The City and/or the Housing Development Corporation will maintain keys to all locks and tenants must agree to allow the City and its partners the right to inspect the home. Return Applicants After an applicant has received direct subsidy and/or closing cost assistance, they will not be eligible for funds that are targeted at First Time Home Buyers again unless one of the following occurs: a) the applicant received no monetary proceeds due to a divorce from the originally subsidized home and the verification of which is stated in the divorce decree, or b) the unit was destroyed by an Act of God. Applicant Responsibility The applicant may select from an inventory of specific homes constructed with NSP 1 funds to purchase with Direct Subsidy. The purchase price to the buyer includes the cost to purchase the home and a realtor/finders fee. An applicant may be required to or elect to lease for a period of time. In that event, the applicant and the City will enter into a lease agreement. (SEE Lease Agreement section) A potential buyer may be asked to provide lawn care and/or snow removal during the lease period. All applicants must attend a HUD or REACH approved First Time Homebuyer Class to be eligible for the program. A certificate of completion must be achieved prior to closing. Applicants must maintain loan eligibility throughout the lease period. Applicants must not increase credit card balances, enter into any additional loan agreements, or assume responsibility for other debt loads. This includes co-signing loans for other individuals. If there is a change in the status of the household or loss of a job prior to the loan closing, the applicant must notify the City. NSP 1 Direct Subsidy Guidelines 8 City of Grand Island Responsibility As reasonable, the City will expedite the purchase of a home once the applicant has made a selection. Application review and income verifications will be completed in a timely manner. The City is a public entity, therefore most documents are considered to be public record. However, personal information about the applicant (social security number, account numbers, etc.) will be confidential and not subject to public record requirements. The City of Grand Island will follow Procurement Policies as adopted by the Grand Island City Council and set forth in Chapter 27 of City Code. Realtor and Seller Responsibility Realtors must contact the City prior to showing homes to an eligible buyer. The City will establish maximum purchase price and review the property for eligibility. Fair Housing Policy and Affirmative Marketing The City of Grand Island is an Equal Opportunity Employer, maintains an Affirmative Action Marketing Plan, and adheres to Fair Housing Policy. Fair Housing information will be distributed to all applicants who complete and return the Intake Application Packet. REACH and HUD approved First Time Homebuyer classes teach a legislative component within its curriculum. City staff and/or project partners attend at least one Fair Housing event annually. The Neighborhood Stabilization Program 1 will adhere to: · Section 110 of the Housing and Community Development Act of 1974, as amended · Fair Labor Standards Act of 1938, as amended (29 USC 102 et seq) · Davis Bacon Act as amended (40 USC 276-a – 276 -5) And Section 2 of the June 13 1934 Act, as amended (48 Stat 948.40 USC 276 (c), popularly known as The Copeland Act · Contract Work Hours and Safety Standards Act (40 USC 327 et seq · Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701 (u) Affirmative Action Measures · Maintains Fair Housing section in public brochure racks in a high-traffic, public area in Grand Island City Hall · The City has a Fair Housing Ordinance, which is in compliance with state law · Distributes Fair Housing information to applicants · Works with neighborhood associations and non-profit groups to promote affordable housing development for disparate groups · Promotes Fair Housing through informational promotions on the Grand Island Educational Television scrolling display NSP 1 Direct Subsidy Guidelines 9 · Attend Fair Housing training events · Contract and partner with agencies to provide translation and/or special needs services · Review Fair Housing activities annually to determine new distribution methods or reevaluate existing activities · Community Development offices are handicapped accessible Grievance Procedures: In the event that any applicant feels he/she has been unfairly treated or discriminated against during the process of selection for the direct subsidy program, he/she may appeal the decision, specifying the complaint in writing to the Community Development Division for their consideration. A written appeal must be submitted to Community Development staff within 15 calendar days after the reason for the appeal. The Community Development Advisory Committee will review the appeal and determine a course of action as appropriate. If needed, the Advisory Committee will make a recommendation to support or overturn the decision of Community Development staff within 45 days of receipt of the written appeal. The decision will be in writing and mailed to the applicant. If a satisfactory resolution cannot be attained as a result of this meeting, the Advisory Committee may make a recommendation to the Grand Island City Council who can make the final determination for resolution. General (Conflict of Interest): No member of the governing body, official, employee, agent or member of their immediate family of the City of Grand island who exercises policy, decision-making functions or responsibilities in connection with the planning and implementation of the NSP program shall directly or indirectly benefit from this program, unless the Nebraska Department of Economic Development (NDED) has granted written exception to that member. This prohibition shall continue for one year after an individual’s relationship with the City ends. Any other employee, officer, or board member may be eligible, but will be treated no differently in the determination of applications accepted for funding. Reuse of funds generated a sale of the property during the affordability period with recapture provisions for NSP 1 grant #09-3N-11: If a homeowner sells a property purchased with NSP 1 Direct Subsidy funds or homeownership changes for other reasons, the remaining balance will be due and payable to the City of Grand Island. The funds will be placed in an interest bearing account managed by the City. Property assisted for purchase through the Housing Development Corporation and the City of Grand Island will adhere to NSP recapture provisions. NSP 1 Direct Subsidy Guidelines 10 Reuse funds may be used for allowable Community Development Block Grant activities and will be administered according to the City of Grand Island Reuse Plan, NSP 1 eligible activities until February 16, 2013. Thereafter, CDBG income limits and CDBG eligible activities will apply when applicable. The activity funded with reuse funds will follow current program guidelines as eligible uses until February 16, 2013. After February 16, 2013, funds must be used for CDBG-eligible housing activities. Reuse funds may be packaged with existing program funds; however, the most restrictive requirements apply. Any amendment to the Reuse Plan must be approved by the Grand Island City Council and submitted to DED for final approval. Reuse of Program Income All program income the City of Grand Island received from the NSP 1 program will be placed into an interest bearing account and may be used for allowable NSP 1 activities until February 16, 2013 and, thereafter, for Community Development Block Grant activities. Reuse funds will be administered according to the City of Grand Island Reuse Plan, CDBG income limits and as applicable, NSP eligible activities or CDBG eligible housing activities, including allowable administrative fees, when applicable. The activity funded with reuse funds will follow current program guidelines. Reuse funds may be packaged with existing program funds; however, the most restrictive requirements apply. Any amendment to the Reuse Plan must be approved by the Grand Island City Council and submitted to DED for final approval. Process for Amending Program Guidelines: In an ongoing effort to improve the quality of the City of Grand Island NSP 1 program, the City may accept suggestions to amend the guidelines from the public, program participants, other agencies, or partners. All proposals for amendments or changes will be considered and must be submitted in writing to Community Development staff and Advisory Committee. The Advisory Committee may forward the suggestions to the Grand Island City Council for approval. Any guideline changes must be formally adopted by the City Council and submitted to the Nebraska Department of Economic Development for final approval. The guideline amendment(s) will only become effective following DED approval. NSP 1 Direct Subsidy Guidelines 11 The Neighborhood Stabilization Program 1 guidelines were adopted by the Grand Island City Council on September 22, 2009 at a regularly scheduled Council meeting. Meeting minutes are on file with the City and available by request. __________________________________________________ 9/22/09 Margaret Hornady, Mayor Date Resolution #________________ These NSP 1 guidelines are hereby approved by the Nebraska Department of Economic Development (NEDED) on this ________ day of _______________, 2009. ________________________________________________________________________ DED Representative Name and Title DATE Acknowledgement of receipt of Direct Subsidy Guidelines by homebuyer(s): _____________________________________________________ __________________ BUYER DATE _____________________________________________________ __________________ BUYER DATE Approved as to Form ¤ ___________ September 18, 2009 ¤ City Attorney R E S O L U T I O N 2009-231 WHEREAS, the City of Grand Island has been awarded a $993,000 Neighborhood Stabilization Program 1 (NSP 1) grant from the Nebraska Department of Economic Development to acquire and demolish six vacant and blighted structures for redevelopment with new housing; and WHEREAS, NSP 1 Acquisition/Demolition Guidelines and NSP 1 Direct Subsidy Guidelines for First-Time Homebuyers have been drafted for the Community Development Neighborhood Stabilization Program to meet both Department of Housing and Urban Development and Community Development Block Grant (CDBG) requirements; and WHEREAS, Subordination Guidelines that govern both NSP 1 and CDBG deferred payment, forgivable loan or grant funds have also been updated for approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the NSP 1 Acquisition/Demolition Program Guidelines, the NSP 1 Direct Subsidy for First-Time Homebuyers Guidelines, and NSP 1/CDBG Subordination Guidelines are adopted and approved and that such guidelines be submitted to the Nebraska Department of Economic Development. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2009-232 - Approving Bid Award for Bottom and Fly Ash Structures Painting - Platte Generating Station Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: September 22, 2009 Subject: Bottom and Fly Ash Structures Painting Item #’s: G-7 Presenter(s): Gary R. Mader, Utilities Director Background The Platte Generating Station utilizes specialized elevated tanks in its bottom and fly ash collection systems operation. The bottom and fly ash structures were built when the Platte Generating Station was originally constructed over 25 years ago. The tanks were coated with specialized painting systems to prevent corrosion of the shells and support structures. Inspections of the tanks indicate the chemical properties of the fly ash have caused the paint to peel and the base metal to rust. The exposed steel is in need of protection to extend the life of these structures. Plant staff developed specifications for repainting of the tanks. Discussion The specifications for the Bottom and Fly Ash Structures Painting were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on September 1, 2009. Specifications were sent to 24 potential bidders and responses were received as listed below. The engineer’s estimate for this project was $260,000.00. Original Adjusted Bidder Bid Price Bid Price F & H Companies, Inc., Wichita, KS $ 115,395.00 $117,446.00 W.S. Bunch Company, Omaha, NE $ 205,377.00 Mongan Painting Co., Inc., Cherokee, IA $ 207,422.00 Techno Coatings, Inc., Anaheim, CA $ 247,720.00 TMI Coatings, St. Paul, MN $ 320,640.00 Lindner Painting, Inc., Lincoln, NE $ 584,344.00 The bids were reviewed by Utility Engineering staff. F & H Companies has proposed paint application with brushes and rollers rather than being sprayed. This exception has been evaluated, and is an acceptable substitution. F & H Companies did not show sales tax in their bid submission. Therefore, a 7.0% material tax figure was added to the bid price for evaluation purposes. Plant engineering staff checked three references of the low bidder. All were positive in their evaluation of the contractor’s work. The low compliant bid is from F & H Companies and is less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for Bottom and Fly Ash Structures Painting to F & H Companies of Wichita, KS, as the low responsive bidder, with a contract price of $117,446.00. Sample Motion Move to approve award of the contract for Bottom and Fly Ash Structures Painting in the amount of $117,446.00 to F & H Companies. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 1, 2009 at 11:00 a.m. FOR: Bottom and Fly Ash Structures Painting DEPARTMENT: Utilities ESTIMATE: $260,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: July 31, 2009 NO. POTENTIAL BIDDERS: 24 SUMMARY Bidder: Techno Coatings, Inc. W.S. Bunch Company Anaheim, CA Omaha, NE Bid Security: Fidelity & Deposit Co. United Fire & Casualty Co. Exceptions: Noted None Bid Price: Material: $38,109.00 $22,877.00 Labor: 207,690.00 180,773.00 Sales Tax: 1,921.00 1,727.00 Total: $247,720.00 $205,377.00 Bidder: Mongan Painting Co., Inc. F & H Companies, Inc. Cherokee, IA Wichita, KS Bid Security: Merchants Bonding Co. $6,000.00 Exceptions: None Noted Bid Price: Material: $50,932.00 $29,306.00 Labor: 152,925.00 86,089.00 Sales Tax: 3,565.00 ---- . Total: $207,422.00 $115,395.00 Bidder: TMI Coatings Lindner Painting, Inc. St. Paul, MN Lincoln, NE Bid Security: North American Specialty Ins. Co. Merchants Bonding Co. Exceptions: None None Bid Price: Material: $32,000.00 $79,200.00 Labor: 286,400.00 499,600.00 Sales Tax: 2,240.00 5,544.00 Total: $320,640.00 $584,344.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary P1358 Approved as to Form ¤ ___________ September 16, 2009 ¤ City Attorney R E S O L U T I O N 2009-232 WHEREAS, the City Electric Department invited sealed bids for Bottom and Fly Ash Structures Painting at the Platte Generating Station; and WHEREAS, on September 1, 2009, bids were received, opened and reviewed; and WHEREAS, F & H Companies of Wichita, Kansas, 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 $117,446.00; and WHEREAS, the bid of F & H Companies of Wichita, Kansas is less than the estimate for Bottom and Fly Ash Structures Painting at the Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of F & H Companies of Wichita, Kansas, in the amount of $117,446.00 for Bottom and Fly Ash Structures Painting at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2009-233 - Approving Bid Award for Natural Gas Supply to Burdick Station Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: September 22, 2009 Subject: Award of Natural Gas Supply Contract between the City of Grand Island and Seminole Energy Services Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background The Burdick Station power plant generating units are fueled by either fuel oil or natural gas. The current natural gas supply contract for the Burdick Station Power Plant expires on September 30, 2009. Therefore, bids for continued service were solicited for continued supply. The Burdick Station generators are most often used to meet summer peak electric demand, but can also be used other times of the year to meet emergency conditions. Because of the current soft market conditions and down economy, natural gas prices are down and transport capacity is more available than it has been for several years. Therefore, the term of this bid solicitation was extended to two years, expiring on September 30, 2011. Discussion The specifications for Natural Gas Supply were advertised and published in accordance with the City Procurement Code and bid documents were sent to five potential bidders. The bids were publicly opened at 11:00 a.m. on September 10, 2009. Two bids were received as tabulated below. Seminole Energy Services, Denver, CO ONEOK Energy Marketing, Tulsa, OK The Bids were evaluated for contract compliance and delivered cost at the Burdick Station Power Plant. Since the natural gas usage is for emergency and peaking needs, the actual amount of gas used under the contract is not known at the time of award. The contract includes provisions to provide primary firm transport availability through the contract term, with the gas commodity price determined at the time of use based on price indices as published daily in an industry publication, Gas Daily Price Guide. Bid evaluation is based on historic average usages. Both bidders submitted bids compliant with the contract specifications. Utilities department staff conducted bid evaluations as described above. The lowest evaluated bid was received from Seminole Energy Services. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Natural Gas Supply Contract to Seminole Energy Services of Denver, CO. Sample Motion Move to approve to award the Natural Gas Supply Contract to Seminole Energy Services. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 10, 2009 at 11:00 a.m. FOR: Natural Gas Supply to Burdick Power Station DEPARTMENT: Utilities FUND/ACCOUNT: 520 PUBLICATION DATE: August 17, 2009 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Seminole Energy Services Oneok Energy Marketing & Trading Holdrege, NE Grand Island, NE cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Tim Luchsinger, Assist. Utilities Director P1360 Approved as to Form ¤ ___________ September 16, 2009 ¤ City Attorney R E S O L U T I O N 2009-233 WHEREAS, the City Electric Department invited sealed bids for Natural Gas Supply Agreement through September 2011 to the Burdick Station Power Plant, according to the contract specifications on file at the Utilities Department office; and WHEREAS, it was stipulated that bid prices and/or final award prices would not be publicly disclosed; and WHEREAS, on September 10, 2009, bids were received, opened and reviewed; and WHEREAS, Seminole Energy Services, with sales offices in Denver, CO, submitted bids in accordance with the terms of the advertisement of bids and the contract specifications and all other statutory requirements contained therein; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Seminole Energy Services, for the Natural Gas Supply Agreement through September 30, 2011, is approved as the lowest responsive bid submitted. BE IT FURTHER RESOLVED, that an agreement between the City and such contractor be entered into for such project; 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, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2009-234 - Approving Termination of Contract for Mercury Monitor Emissions with Sick Maihak Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Wesley Nespor, Asst. City Attorney/Purchasing Meeting: September 22, 2009 Subject: Contract Termination – PGS Mercury Continuous Emissions Monitor Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background As part of environmental regulatory requirements, the Platte Generating Station was mandated by the federal Clean Air Mercury Rule (CAMR) to have a mercury emissions monitor in service by January 1, 2009. In September 2006, Black & Veatch (B & V) of Kansas City was awarded a contract for the engineering for procurement and installation of the mercury monitor. B & V developed specifications and bids were solicited for the required monitor. The contract for the purchase of the mercury emissions monitoring equipment was awarded at the March 27, 2007 City Council meeting to Sick Maihak of Bloomington, MN for $149,900. Discussion Since the installation of the mercury emissions monitoring equipment, the mercury monitoring regulations have been suspended. Also, the installed mercury emissions monitoring equipment is not fully functional with the terms of the specifications, over two years after contract award. Therefore, Utilities Department staff and representatives from Sick Maihak, Inc., have met to discuss the project. The parties mutually agree that cancellation is an appropriate course of action at this time. The original contract includes specific provisions for mutually agreed contract cancellation. There have been no payments to Sick Maihak. The Utilities Department recommends terminating the Platte Generating Station Mercury Continuous Emissions Monitor contract pursuant to Article GC.15 of the original contract. The proposed contract cancelation document was prepared by the engineering consultant for this project, Black and Veatch, and is attached. The full contract is available in the office of the City Clerk or the Utilities Department. 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 authorize termination of the Contract for the PGS Mercury Continuous Emissions Monitoring with Sick Maihak, Inc., with no further liability with respect to claims for reimbursement from Sick Maihak, Inc. Sample Motion Move to approve termination of the contract with Sick Maihak, Inc., for the PGS Mercury Continuous Emissions Monitor. Approved as to Form ¤ ___________ September 16, 2009 ¤ City Attorney R E S O L U T I O N 2009-234 WHEREAS, in 2008, the federally issued Clean Air Mercury Rule (CAMR) required the installation of Mercury monitors to measure power plant mercury emissions; and WHEREAS, the City of Grand Island, Utilities Department awarded the bid for the purchase of the required mercury monitor at the March 27, 2007 City Council meeting to Sick Maihak of Bloomington, Minnesota for $149,000; and WHEREAS, in March of 2008, the Federal District of Columbia Circuit Court of Appeals vacated the CAMR, voiding the previously promulgated regulatory action; and WHEREAS, the installed mercury monitoring equipment is not fully functional within the terms of the specifications; and WHEREAS, the City has not made any payments to Sick Maihak to date, and will not be receiving any further billing; and WHEREAS, no replacement regulation has been developed; and WHEREAS; Utilities Department staff, representatives from Black & Veatch and representatives from Sick Maihak, Inc., met to discuss methods to cancel the project, and mutually agreed that cancellation is an appropriate course of action pursuant to Article GC.15 of the original contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on behalf of the City, to terminate the contract with Sick Maihak, Inc., for the purchase of mercury emissions monitoring equipment, with no further liability with respect to claims for reimbursement from Sick Maihak. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2009-235 - Approving Negotiated Bid Amount of Metso Automation for the Burdick Controls Computer Upgrade - 2009 Tuesday, September 22, 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: September 22, 2009 Subject: Burdick Controls Computer Upgrade - 2009 Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background In 1997, the burner management controls for Burdick Units 1 and 2 and the plant controls for Unit 3 were replaced with a digital control system. This digital control system included personal computers as the operator interfaces. These personal computers utilize Windows 95 as their operating systems. Windows 95 is an obsolete operating system and replacement of a failed workstation is no longer supported. To allow further use of this system, the workstations must be upgraded to Windows XP operating systems and the computers, software and graphics that interface with the control system must be replaced. Specifications to provide the engineering, components, and field service personnel were drafted by plant engineering staff and issued for bid. Discussion The specifications for the Burdick Controls Computer Upgrade were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on August 25, 2009. The engineer’s estimate for this project was $200,500.00. Bidder Bid Price Metso Automation $ 224,167.00 Since only one bid was received, Council approval was given at the September 8th, 2009 Council meeting to enter into negotiations with Metso to negotiate with the contractor for contract reductions. Negotiations resulted in revising two specific areas of the bid, replacement computer costs and contractor on-site service time. The contractor has agreed to allow the computers to be purchased directly from a third party supplier by the City of Grand Island, and billing separately for actual service time expenses incurred by Metso during the installation of the system. The revised contract price from Metso, excluding the computers and on-site service expenses is $195,265. Department staff estimates that the direct computer purchase by the City will cost $9,365, and that on-site service costs can be limited to $4,080. Adding those costs to the revised contract price would bring the total project cost to $208,710, a savings of $15,457 over the original bid of $224,167. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the Contract for Burdick Controls Computer Upgrade to Metso Automation of Lansdale, Pennsylvania, as the sole source, at a revised contract price of $195,265.00. Sample Motion Move to approve award of the contract in the amount of $195,265.00 to Metso Automation for the Burdick Controls Computer Upgrade. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Wes Nespor, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: August 25, 2009 at 11:00 a.m. FOR: Burdick Controls Computer Upgrade - 2009 DEPARTMENT: Utilities ESTIMATE: $200,500.00 FUND/ACCOUNT: 520 PUBLICATION DATE: July 31, 2009 NO. POTENTIAL BIDDERS: 1 SUMMARY Bidder: Metso Automation, Power Lansdale, PA Bid Security: The Insurance Company of the State of Pennsylvania Exceptions: None Bid Price: Material: $40,038.00 Labor: 184,129.00 Sales Tax: None Total Bid: $224,167.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator Pat Gericke, Utilities Admin. Assist. Lynn Mayhew, Utility Engineer Karen Nagel, Utilities Secretary P1356 Approved as to Form ¤ ___________ September 17, 2009 ¤ City Attorney R E S O L U T I O N 2009-235 WHEREAS, the City Electric Department invited sealed bids for Burdick Controls Computer Upgrade; and WHEREAS, on August 25, 2009, bids were received, opened and reviewed; and WHEREAS, Metso Automation of Lansdale, Pennsylvania, submitted the only 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 $224,167.00 and WHEREAS, negotiations with Metso Automation resulted in revising two specific areas of the bid, replacement computer costs and contractor on-site service time; and WHEREAS, the revised contract price from Metso Automation, excluding the computers and on-site service expenses is $195,265; and WHEREAS, Metso Automation is the original supplier of the control system, and the sole source for providing the control system upgrade, short of replacing the entire system. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the revised bid of Metso Automation of Lansdale, Pennsylvania, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2009-236 - Approving Demolition and Disposal of Concrete for the Anaerobic Digestion Site at the Waste Water Treatment Plant Tuesday, September 22, 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: September 22, 2009 Subject: Approving Bid Award for Demolition and Disposal of Concrete for the Anaerobic Digestion Site at the Waste Water Treatment Plant Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background On August 26, 2009 an Advertisement to Bidders for Demolition and Disposal of Concrete for the Anaerobic Digestion Site was published in the Grand Island Daily Independent. Discussion Bids were received and opened at City Hall and the following 6 bidders responded: Bidder Exceptions Bid Price Hooker Brothers Construction Co. None $31,500.00 Dobesh Land Leveling None $45,640.00 O’Neill Transportation & Equip. None $65,000.00 Anderson Excavating Co. None $132,613.00 Judds Bros. Construction Co. None $133,125.00 MWE Services None $220,400.00 Hooker Brothers Construction Co. 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. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution authorizing the Mayor to approve and execute the contract with Hooker Brothers Construction Co. of Grand Island, Nebraska on behalf of the City of Grand Island. 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 Hooker Brothers Construction Co. of Grand Island, Nebraska in the amount of $31,500.00. 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: September 9, 2009 at 11:00 a.m. FOR: Demolition & Disposal of Concrete for Anaerobic Digestion Site DEPARTMENT: Public Works ESTIMATE: $100,000.00 FUND/ACCOUNT: 5300054-85213-53045 PUBLICATION DATE: August 26, 2009 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Dobesh Land Leveling MWE Services Grand Island, NE Lincoln, NE Exceptions: None None Bid Price: $45,640.00 $220,400.00 Bidder: Anderson Excavating Co. Hooker Brothers Construction Co. Omaha, NE Grand Island, NE Exceptions: None None Bid Price: $132,613.00 $31,500.00 Bidder: Judds Bros. Construction Co. O’Neill Transportation & Equip. Lincoln, NE Grand Island, NE Exceptions: None None Bid Price: $133,125.00 $65,000.00 cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Wes Nespor, Purchasing Agent Jeff Pederson, City Administrator John Henderson, WWTP Sup. P1364 Approved as to Form ¤ ___________ September 17, 2009 ¤ City Attorney RESOLUTION 2009-236 WHEREAS, an Advertisement to Bidders for Demolition and Disposal of Concrete for the Anaerobic Digestion Site was published in the Grand Island Daily Independent on August 26, 2009; and WHEREAS, the City of Grand Island invited sealed bids according to plans and specifications on file with the City Clerk; and WHEREAS, on September 9, 2009, bids were received, opened and reviewed; and WHEREAS, Hooker Brothers Construction Co., 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 $31,500.00; and WHEREAS, the sum of the low bids for project is below the estimate of such project; and WHEREAS, such Bid is reasonable and acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Hooker Brothers Construction Co. of Grand Island, in the amount of $31,500.00 for Demolition and Disposal of Concrete for Anaerobic Digestion Site is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. Margaret Hornady, Mayor Attest: RaNae Edwards, City Clerk Item G12 #2009-237 - Approving Amendment to Resolution 2009-217; Change Order Number 3 for Capital Avenue Widening, Street Improvement District Number 1256 Tuesday, September 22, 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: September 22, 2009 Subject: Approving Amendment to Resolution 2009-217; Change Order Number 3 for Capital Avenue Widening, Street Improvement District Number 1256 Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background On September 8, 2009 the City Council passed Resolution 2009-217 approving Change Order Number 3 for the Capital Avenue widening project. Discussion Resolution 2009-217 incorrectly listed the change order value at $88,735.01. The actual total for Change Order Number 3 for the Capital Avenue widening project is $141,330.31. 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 update to Resolution 2009-217 to reflect the correct amount of $141,330.31 for Change Order Number 3 for the Capital Avenue widening project. Sample Motion Move to approve the update to Resolution 2009-217. Approved as to Form ¤ ___________ September 17, 2009 ¤ City Attorney R E S O L U T I O N 2009-237 WHEREAS, on May 13, 2008, by Resolution 2008-122, the City Council of the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska, the bid in the amount of $3,379,328.25 for Street Improvement District 1256 for the widening of Capital Avenue from the Moores Creek Drainway to Webb Road; and WHEREAS, on August 12, 2008, by Resolution 2008-206, the City of Grand Island approved Change Order Number 1 which resolved conflicts with new and existing sanitary sewer infrastructure in preparation for a future sanitary sewer lift station and increased the contract price by $351,219.24; and WHEREAS, on March 10, 2009, by Resolution 2009-48, the City of Grand Island approved Change Order Number 2 whic h provided for additional work due to the relocation of a fire hydrant, the lowering of the Grand Island Mall water main, storm sewer modifications, sanitary sewer force main tie-in restraints, existing power line clearance requirements and sanitary sewer manhole concrete inverts and increased the contract price by $32,077.94; and WHEREAS, on September 8, 2009, by Resolution 2009-217, the City of Grand Island approved Change Order Number 3; and WHEREAS, Resolution 2009-217, had an incorrect dollar amount of $88,735.00 for Change Order Number 3; and WHEREAS, the correct dollar amount for Change Order Number 3 is $141,330.31; and WHEREAS, the result of Change Order Number 3 will increase the contract amount by $141,330.31 for a revised contract price of $3,903,955.74; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order Number 3 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska on Street Improvement District 1256. BE IT FURTHER RESOLVED, that Resolution No. 2009-217 is rescinded. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2009-238 - Approving Amendment to the One & Six Year Street Improvement Plan Tuesday, September 22, 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: September 22, 2009 Subject: Approving Amendment to the One & Six Year Street Improvement Plan Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background On February 10, 2009 the City Council approved the 2009-2014 One & Six Year Street Improvement Plan. The plan was submitted to the State of Nebraska Board of Classifications and Standards on February 18, 2009. Changes to the plan during the year must be submitted to the State of Nebraska Board of Classifications and Standards. Discussion The concrete base course underneath the asphalt surfacing on 1st Street, from Clark Street to Eddy Street is failing. The stresses on the roadway are significant because of the braking force of trucks approaching the Eddy Street traffic signal. The existing surface has always been hard to maintain in an acceptable condition because of the high volume of trucks on US Highway 30. Rather tha n perform temporary repairs with concrete patching and replacing the asphalt surface, Public Works Administration is recommending that the entire 37’ wide street be replaced with 10” thick concrete pavement from just east of Clark Street up to the west curb line of Eddy Street. The concrete surface will have an estimated life of over 35 years and will perform much better then the existing surfacing. Public Works has plans and specifications prepared for the project to replace 1st Street. The bids for the project will be opened in October 2009 with council consideration for award of the contract at the October 13, 2009 council meeting. The funds for the work will come from the existing concrete pavement repair budget. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Public Works Administration recommends that the Council approve the amendment to the One & Six Year Street Improvement Plan. Sample Motion Move to approve the amendment. Board of Public Roads Classifications and Standards Form 10 Notification of Revision of One-Year Plan County: City: Grand Island Village: Reason for Revision: Upgrading from asphalt resurfacing as maintenance work to replacement with 10" concrete pavement at 37 feet wide. Location Description: 1st Street from Clark Street to Eddy Street Existing Surface Type and Structures: (Such as dirt, gravel, asphalt, concrete, culvert, or bridge) asphalt surfacing on a concrete base course Average Daily Traffic: 2008 = , 2028 = Classification Type: (As shown on Functional Classification Map) Major Arterial PROPOSED IMPROVEMENT Design Standard Number: Urban Major Arterial Surfacing Thickness: 10 inch Width: 37 feet Grading Concrete Right of Way Lighting Aggregate Curb & Gutter Utility Adjustments ....................................................... Armor Coat Drainage Structures Fencing ....................................................... Asphalt Erosion Control Sidewalks ....................................................... Bridge to Remain in Place Roadway Width: Length: Type: New Bridge Roadway Width: Length: Type: Box Culvert Span: Rise: Length: Type: Culvert Diameter: Length: Type: Bridges and Culverts Sized Yes N/A Hydraulic Analysis Pending Other Construction Features: The street also serves as a highway and carries eastbound US Highway 30 traffic. There will be 8.5 feet wide (including curb) parallel parking stalls along the north side of the street. The southernmost lane will be 13 feet wide including the curb. The center lane will be 15.5 feet wide to provide clearance between parked cars and through traffic. The new 10" thick portland cement concrete roadway will be constructed to NDOR standards with dowel bars placed for load transfer at the transverse contraction joints. ê COUNTY ê CITY ê STATE ê FEDERAL ê OTHER TOTAL ESTIMATED COST (in Thousands) ê OPTIONAL 77 77 Project Length: (Nearest Tenth, State Unit of Measure) 0.1 Project No. M310-570 Signature: Title: Public Works Director/City Engineer Date: September 22, 2009 NBCS Form 10, Jul 96 Approved as to Form ¤ ___________ September 17, 2009 ¤ City Attorney R E S O L U T I O N 2009-238 WHEREAS, on February 10, 2009 the City of Grand Island City Council approved the 2009-2014 One & Six Year Street Improvement Plan; and WHEREAS, the City of Grand Island Public Works Director has presented a revision to the plan providing for concrete replacement of 1st Street between Clark Street and Eddy Street; and WHEREAS, said revision to the plan for year 2010 is adopted as proposed, with, Project M310-570 being added to the plan; and WHEREAS, the said Council deems it in the best interest of the City to adopt said plan as presented, with the above mentioned revision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2010 Street Improvement Plan for the City Of Grand Island be and hereby is adopted and approved as revised. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2009-239 - Approving Purchase Agreement for SelfCheck Machine Self Pay Components with SirsiDynix Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Library Director Meeting: September 22, 2009 Subject: Approving Purchase Agreement for SelfCheck Machine Self Pay Components with SirsiDynix Item #’s: G-14 Presenter(s): Steve Fosselman, Library Director Background Through previous City Council approval, the Grand Island Public Library has been contracting with SirsiDynix (formerly Dynix) since 1993 on a variety of automation system needs, including installation of hardware and software to operate the automated circulation of items. Since that initial contract, our library has periodically received City Council approval for various 3M system components such as SelfCheck machines certified and configured to work with the SirsiDynix software. Discussion Timely automation system enhancements to our library’s SelfCheck capabilities are necessary to continue improving our efficiency through effective use of technology. At this time our SelfCheck machines constitute 60-65% of our checkouts. Through field hardware/software upgrades of these machines, even greater efficiency can be gained by allowing self-payment of fines and fees. Many desired self-service transactions are currently redirected to our staffed service desks because of the need to make payments. By adding bill/coin and debit/credit payment options to SelfCheck machines in each of the three major areas of the library, patrons can perform this routine task without staff intervention which frees up employees’ time to assist patrons in other ways. We anticipate that ease of payment in this fashion will also result in increased revenues. Purchase of these components in the amount of $26,508 through SirsiDynix assures they are certified and configured to work with the SirsiDynix software, and provides consistent analysis of potential future transportability of these and previously-installed components to an open source integrated library system being analyzed through the library’s Council-approved affiliation with the Pioneer Library Consortium. Because these components are directly linked to SirsiDynix’s database server, purchasing through SirsiDynix assures the library of consistent maintenance service regardless of the source of the problem, and discounts have been negotiated with SirsiDynix based on previous purchases. This is a budgeted expense in the library’s account 10044301-85620, which has a current balance of $35,000 for automation enhancements. 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 this Purchase Agreement in the amount of $26,508 for SelfCheck Machine Self Pay Components with SirsiDynix. Sample Motion Move to approve this Purchase Agreement in the amount of $26,508 for SelfCheck Machine Self Pay Components with SirsiDynix. ******************************************************************************************************************************************************* File: ____________________________ SirsiDynix Confidential Page 1 of 2 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into between Sirsi Corporation dba SirsiDynix (“SirsiDynix”) and the customer listed in the signature block below (“Customer”). The above parties agree to the following. 1. SERVICES. 1.1 Statement of Work. SirsiDynix will perform the mutually agreed upon services for Customer described in one or more quote or statement of work (“SOW”) as the parties may agree to in writing from time to time. Each SOW, once executed by the authorized representatives of the parties, shall become a part of the Agreement. Except as expressly stated elsewhere in this Agreement, in the event of a conflict between the terms of this Agreement and the terms of a SOW, the terms of this Agreement shall prevail. “Quote” means Quote #_GIPL 3M FinesFees 91509, and/or the document executed by the parties specifically referencing this Schedule, which contains Customer’s order specific information, including description of Software and Maintenance ordered, License Metrics and associated fees and payment terms. 1.2 Change Orders. Either Party may propose a change order to add to, reduce or change the work ordered in the SOW. Each change order shall specify the change(s) to the services or deliverables, and the effect, if any, on the time of performance and on the fees owed to SirsiDynix, due to the change. Once executed by both parties, a change order shall become a part of the SOW. 1.3 Estimated Costs. Unless otherwise expressly stated in the applicable Quote or SOW, Professional Services shall be provided on a time and materials (“T&M”) basis at SirsiDynix’s T&M rates in effect at the time the Professional Services are performed. On a T&M engagement, if an estimated total amount is stated in the applicable SOW, that amount is solely a good faith estimate for Customer’s budgeting and SirsiDynix’s resource scheduling purposes and not a guarantee that the work will be completed for that amount. 1.4 Delays/Costs Overruns. In the event of any delay in Customer’s performance of any of the obligations set forth herein or any other delays caused by Customer, the milestones, fees and date(s) set forth in the Quote shall be adjusted on a T&M basis as reasonably necessary to account for such delays, and the adjustment shall be made by change order in accordance with the provisions above. 2. PROJECT MANAGEMENT. 2.1 Responsibility. SirsiDynix shall be responsible for securing, managing, scheduling, coordinating and supervising SirsiDynix personnel, including its subcontractors, in performing the Services. 2.2 Cooperation. Customer shall provide SirsiDynix with good faith cooperation and access to such information, facilities, personnel and equipment as may be reasonably required by SirsiDynix in order to provide the Services, including, but not limited to, providing security access, information, and software interfaces to Customer’s applications, and Customer personnel, as may be reasonably requested by SirsiDynix from time to time. Customer acknowledges and agrees that SirsiDynix performance is dependent upon the timely and effective satisfaction of Customer’s responsibilities hereunder and timely decisions and approvals of Customer in connection with the Services. SirsiDynix shall be entitled to rely on all decisions and approvals of Customer. 2.3 Subcontractors. SirsiDynix may subcontract or delegate any work under any SOW to any third party without Customer’s prior written consent, provided however that SirsiDynix shall remain responsible for the performance, acts and omissions of any such subcontractors. 2.4 Customer Data. Customer’s data must be provided to SirsiDynix in a format approved by SirsiDynix or additional charges will apply. 2.5 Remote Access. For installation of the System, Customer shall ensure that SirsiDynix’s assigned technical personnel are able to access the System remotely. Customer shall be responsible for providing access through any security measures it deems necessary. SirsiDynix alone shall decide whether access to the System is sufficient for installation purposes. “System” means the total complement of hardware and Software furnished and maintained by SirsiDynix. The Authorization for Data Release form attached hereto may set forth additional details regarding SirsiDynix’s access to and use of Customer’s personnel, facilities and equipment. 3. LICENSE AND OWNERSHIP. 3.1 Ownership. All intellectual property rights including all copies thereof in any SirsiDynix products and the results of the services including (without limitation) all deliverables and all Intellectual Property embodied herein shall, subject to Section 3.2 below, vest solely and absolutely in SirsiDynix or its licensors. 3.2 Limited License. SirsiDynix grants Customer, upon full payment of the applicable fees and charges, a personal, nontransferable, nonexclusive, irrevocable license to use the deliverables solely for its own internal business needs. 4. TERMINATION. Where the non-breaching Party has a right to terminate this Agreement, the non-breaching Party may, at its discretion, either terminate this Agreement, or the applicable SOW. Upon termination for any reason, all work products, including all drafts and works in progress of deliverables shall be delivered to Customer. Upon SirsiDynix’s receipt of a notice of termination, SirsiDynix shall cease and shall cause any agent or subcontractor to cease all work under, the applicable SOW and minimize any additional costs or reimbursable expenses unless otherwise directed in writing by Customer. Except as may be expressly set forth in the applicable SOW, after such termination, Customer shall pay SirsiDynix fees for services performed to the date of termination on a time and materials basis together with any expenses reasonably incurred in connection therewith. The parties obligations under this section and Section 3 of this Agreement shall survive any termination of this Agreement. ******************************************************************************************************************************************************* File: ____________________________ SirsiDynix Confidential Page 2 of 2 The Effective Date of this Agreement shall be _________________________. IN WITNESS WHEREOF, the parties have caused this Professional Services Agreement to be executed by their duly authorized representatives as identified below. Edith Abbott Memorial Library SirsiDynix Authorizing Signature Authorizing Signature Name Name Address Address Title Title Date Date 100.00$ 100.00 Quote #GIPL 3M FinesFees 91509 Zone #2 Issued 9/15/2009 Exipres 11/14/2009 Prices include product, installation and first 15 mo. support and maintenance. Unit Extended Annual Unit Qty Description Price Price Maint Maint 3M - RFID 8410 Self-Check Options 3 Fines & Fees Payment BASIC&FLEXIBLE 8,766.00 26,298.00 2,985.00 995.00 Field Upgrade Includes software,card swipe,coin/bill acceptor. Annual subscription fee of $995 required after year 1. NOTE: Card Cash & Coin Payment. David Tuttle, MLS Senior Marketing Consultant : RFID & Self Check Office : 800-288-8020 x5410 Direct: 801-492-3920 Cell : 801-691-8318 Email : david.tuttle@sirsidynix.com Grand IslandGrand IslandGrand IslandGrand IslandPublicPublicPublicPublic Total Price 26,298.00 Shipping 210.00 Grand Total 26,508.00 Estimated Annual Maintenance Contract 2,985.00 After Year 1 All information contained within this document is confidential and may not be shared with anyone outside of the institution to which it has been issued. Failure to comply will result in nulification of this quotation and all pricing listed therein. Approved as to Form ¤ ___________ September 17, 2009 ¤ City Attorney R E S O L U T I O N 2009-239 WHEREAS, the Grand Island Public Library has contracted with SirsiDynix (formerly Dynix) since 1993 on a variety of automation system needs, including installation of hardware and software to operate the automated circulation of items; and WHEREAS, timely automation system enhancements to the library’s SelfCheck capabilities are necessary to continue improving library efficiency through effective use of technology; and WHEREAS, through field hardware/software upgrades of these machines, even greater efficiency can be gained by allowing self-payment of fines and fees, which frees up employees’ time to assist patrons in other ways. WHEREAS, purchasing of these automation system enhancements through SirsiDynix is recommended to assure consistent maintenance with SirsiDynix equipment that is directly linked to the SirsiDynix database server, and provides consistent analysis of potential future transportability of these and previously-installed components to an open source integrated library system being analyzed through the library’s Council-approved affiliation with the Pioneer Library Consortium. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of SelfCheck Machine Self Pay Components at the Grand Island Public Library from SirsiDynix (formerly Dynix) in the amount of $26,508.00 is hereby approved; and the Mayor is hereby authorized and directed to execute such Purchase Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on September 22, 2009. _____________________________________ Margaret Hornady, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Jeanie Bartz to Amend the Park Plan for Kingswood Estates Mobile Park Located at 2323 Bellwood Drive Tuesday, September 22, 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: September 22, 2009 Subject: Request of Jeanie Bartz, Property Manager for Kingswood Estates to Amend the Park Plan for Kingswood Estates Mobile Park Located at 2323 Bellwood Drive Item #’s: H-1 Presenter(s): Craig Lewis , Building Department Director Background This is a request to modify the park plan for Kingswood Estates Mobile Home Park, to allow for the conversion of ten existing manufactured home sites into recreational vehicle sites. This park has been in existence for a number of years and is requesting City Council approval to modify the park to include 10 recreational vehicle sites. The proposal is to convert 10 existing manufactured home sites into recreational vehicle spaces. Section 21-6 of the Grand Island City Code provides that parks may have spaces for recreational vehicles provided that such spaces are identified on the park plan and that such spaces do not exceed twenty percent of the total number of spaces provided in the park. Any revisions, modifications, or additions to the park plan must be reviewed and approved by the City Council. Discussion This request is to modify ten existing manufactured home sites, lot numbers 17, 20, 22, 23, 118, 119, 125, 126, 130, & 131. The modification would allow for recreational vehicles to be placed on the sites. The City Code allows for not more than 20 % for the spaces in the park to be recreational vehicle sites, with the total spaces provided at 213 and 20% of that number being 42 the proposal would comply with the maximum number allowed in the code. The City Code section 21-18 allowing recreational vehicle sites requires a minimum of 1,500 square feet of space for each recreational vehicle site, a minimum site width of 30’, a setback between vehicles of 12’, a setback to the site boundary of 5’, and one hard surfaced vehicle parking pad of 180 square feet for a passenger vehicle. Utility services to these proposed sites will be provided with 5 centrally located meters billed to the Park. The existing water, sewer and electrical services to the proposed sites will need to be modified to accommodate the new use. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request to allow the recreational vehicle sites proposed within the existing park. Sample Motion Move to approve the request to modify the park plan as presented for Kingswood Estates Mobile Home Park with the condition that required improvements be completed within 180 days. Item I1 #2009-240 - Consideration of Approving Funding of Economic Development Request Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Marlan Ferguson - EDC President City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown , Finance Director Meeting: September 22, 2009 Subject: Approving Economic Development Funding Request Item #’s: I-1 Presenter(s): Mary Lou Brown , Finance Director Background On July 22, 2003, the City Council approved Ordinance No.8830 adopting an Economic Development Program for the City of Grand Island in conformance with Neb. Rev. Stat. 18-2710. This provides for annual funding of $750,000 by the City. Discussion A request has been received from the Grand Island Area Economic Development Corporation, duly approved by the Citizen’s Review Committee for payment of $350,000. Said funds to be used for operating expenses, community publicity, and promotion. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for funds. 2. Disapprove or Deny the request for funds. 3. Modify the Resolution to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the request for funds. Sample Motion Move to approve the request for funds to allow payment of $350,000 to the Grand Island Area Economic Development Corporation. Approved as to Form ¤ ___________ September 16, 2009 ¤ City Attorney R E S O L U T I O N 2009-240 WHEREAS, on July 22, 2003, by Ordinance No. 8830, the Grand Island City Council approved and adopted an Economic Development Program for the City of Grand Island prepared in conformity with Neb. Rev. Statute No. 18-2710; and WHEREAS, such program was amended on August 12, 2003, by Ordinance No. 8832; and WHEREAS, the program provides for $750,000 in annual funding to be provided by the City of Grand Island; and WHEREAS, a request has been made by the Grand Island Area Economic Development Corporation and the Economic Development Program’s Citizens Review Committee for the payment of $350,000 to be used for operating expenses, community publicity and promotion. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is given to forward $350,000 in City funding to the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 22, 2009. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of September 9, 2009 through September 22, 2009 The Claims for the period of September 9, 2009 through September 22, 2009 for a total amount of $4,442,570.48. A MOTION is in order. Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J2 Approving Payment of Claims for the Period of September 9, 2009 through September 22, 2009 for Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of September 9, 2009 through September 22, 2009 for the following requisitions. #3 $2,100.00 A MOTION is in order. Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J3 Approving Payment of Claims for the Period of August 12, 2009 through September 22, 2009 for the State Fair Recreation Building The Claims for the Recreational Building for the following requisitions. #3 $4,000.00 A MOTION is in order. Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item X1 Update Concerning IBEW Union Negotiations The City Council may vote to go into Executive Session as required by State law to discuss IBEW Union negotiations. Tuesday, September 22, 2009 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council