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08-23-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, August 23, 2011 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Linna Dee Donaldson Scott Dugan Randy Gard John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Todd Bowen, Grace Covenant Church, 418 West 12th Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Brian Sands, Street Supervisor with the Public Works Department for 45 Years of Service with the City of Grand Island The Mayor and City Council will recognize Brian Sands Street Supervisor with the Public Works Department for 45 years of service with the City of Grand Island. Mr. Sands was hired on August 18, 1966 as a Laborer; was promoted to Utilities Worker II - Streets on August 1, 1970; Equipment Operator I on November 16, 1971; Equipment Operator II on February 1, 1975; Foreman I on November 10, 1975, Foreman II on February 10, 1991; and to his current position of Street Supervisor on November 1, 1992. We congratulate Mr. Sands for his dedication and service to the City of Grand Island. Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Amendment to the Redevelopment Plan for Property Located at 213 N. Ruby Avenue Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: August 23, 2011 Subject: Amendment to Redevelopment Plan for CRA Area #6 Item #’s: E-1 Presenter(s): Chad Nabity, AICP CRA Director Background In 2007, the Grand Island City Council declared property referred to as CRA Area #6 as blighted and substandard and approved a generalized redevelopment plan for the property. The generalized redevelopment plan authorized the use of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site preparation including demolition, landscaping and parking. TIF can also be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. Token LLC, Todd and Kelly Enck, as the developer has submitted a proposed amendment to the redevelopment plan that would provide for site acquisition, demolition and construction of an existing single family home and subsequent construction f a duplex at 213 N Ruby in Grand Island, Nebraska. The CRA reviewed the proposed development plan on July 27, 2011 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on August 3rd. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan ame ndment at a meeting on August 3rd. The Planning Commission approved Resolution 2011-03 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan amendment (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment, the draft TIF contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #6 and authorizes the CRA to execute a contract for TIF based on the plan amendme nt. The redevelopment plan for amendment permits site acquisition, demolition and construction of the existing single family home and subsequent construction of a duplex housing unit on the property at 213 N Ruby. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for an eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The total tax increment financing allowed for this project may not exceed $43,255 during this 15 year period. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the resolution 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Redevelopment Plan Amendment Grand Island CRA Area #6 July 2011 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area #6 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area #6. Executive Summary: Project Description THE DEMOLITION OF THE EXISTING SINGLE FAMILY HOUSE AT 213 N RUBY AND THE SUBSEQUENT SITE WORK, UTILITY IMPROVEMENTS, ENGINEERING, LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR REBUILDING A DUPLEX AT THIS LOCATION. The use of Tax Increment Financing to aid in demolition of existing structures along with costs associated with redevelopment of this site with a new duplex. The use of Tax Increment Financing makes it affordable to provide additional housing in Grand Island at this location at a contract rent that is consistent with the neighborhood. This project would not be possible in an affordable manner witho ut the use of TIF. The site is owned by the developer and will be acquired for actual purchase price by a Limited Liability Corporation owned and controlled by the developer. All site work, demolition and utilities will be paid for by the developer. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the acquisition, site work and remodeling. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2012 towards the allowable costs and associated financing for the acquisition and site work. TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE PROPERTY AND RELATED SITE WORK WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) This property is located at the northeast corner of 213 N Ruby in northeast Grand Island. The attached map identifies the subject property and the surrounding land uses: · Legal Descriptions Lot 8 Block 31 of Packer and Barr’s Second Addition to the City of Grand Island. The tax increment will be captured for the tax years the payments for which become delinquent in years 2014 through 2028 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from development of a duplex housing unit at this location. Statutory Pledge of Taxes. Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in the Redevelopment Project Area shall be divided, for the period not to exceed 15 years after the effective date of the provision, which effective date shall be January 1, 2013. a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on October 9, 2007.[§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are cons istent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to acquire the necessary property and provide the necessary site work for the construction of a permitted use on this property. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: The Redevelopment Plan for Area #6 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does for the demolition and removal of an existing substandard housing unit at this location. The structure to be demolished is a vacant substandard residential structure owned by the applicant. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. The site is planned for mixed-used commercial development. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] City of Grand Island Future Land Use Map d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned R4-High Density Residential zone. No zoning changes are anticipated with this project. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is proposing to remove the existing structures from the property. The R4 zoning district allows 1 dwelling unit per 1000 square feet of property. The size of the lot is 6720 square feet; enough to legally accommodate a duplex housing unit. The property is zoned R4 and could accommodate a building of up to 60% of the property area; allowable coverage would be about 4,032 square feet. The proposed units including the attached garages will cover about 2,400 square feet, well within the allowable coverage. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. New water and sewer services may be required for this building. No other utilities would be impacted by the development. The developer will be responsible for replacing any sidewalks damaged during construction of the project. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property, owned by the developer is currently vacant, no relocation is contemplated. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The developer has purchased the property for this redevelopment in June of 2009. The cost of property acquisition $24,377.55 is included as a TIF eligible expense. Costs for demolition, site preparation, landscaping and concrete $18,872 portions of this as related to the demolition and site preparation are included as a TIF eligible expense. Engineering and design fees are estimated at $1,400 and are included as a TIF eligible expense. Fees and reimbursement to the City and the CRA of $2750 are included as a TIF eligible expense. Finance, interest and closing costs of $2000 are included as a TIF eligible expense. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $43,255 from the proceeds of the TIF Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2013 through December 2028. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, conve nience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan, in that it will allow for the utilization of and redevelopment of commercial lots. This will not significantly impact traffic at the Five Points intersection. Renovated commercial development will raise property values and provide a stimulus to keep surrounding properties properly maintained. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. 8. Time Frame for Development Development of this project (including demolition, site preparation and new construction) is anticipated to be completed between October 2011 and September of 2012. Excess valuation should be available for this project for 15 years beginning with the 2013 tax year. 9. Justification of Project This is a residential neighborhood characterized by single family dwellings on smaller lots. The existing structure is considered badly worn by the Hall County Assessor and has a number of safety issues that cannot be fixed without the cost of the repairs exceeding the value of the building. The City of Grand Island is in need of additional housing units and this development will remove one very poor housing unit and replace it with 2 brand new units. This is infill development in an area with all city services available. This project does not propose to tear down any buildings with historic value. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $14,500. The proposed demolition, and subsequent construction of a duplex at this location will result in an additional $135,800 of taxable valuation based on an analysis by the Hall County Assessor’s office. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities long after the project is paid off. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this deve lopment. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools. Fire and police protection are available and should not be impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; The proposed facility will provide jobs for persons employed with T.C. Enck Construction. It will have no impact on other firms locating or expanding in the area. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other emplo yers and will result in additional housing choices for employees within the city. (e) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project will increase the available quality housing in Grand Island by a net of 2 units. The existing structure is worn out and not acceptable as a housing unit. These types of smaller projects spread throughout the city will have a less drastic impact on neighborhoods and schools than a centralized larger housing project. This neighborhood has not had a great deal of new development in many years and some newer buildings, especially ones that replace worn out buildings are likely to raise all of the property values. Time Frame for Development Development of this project is anticipated to be completed during between October 1, 2011 and September 1 of 2012. The base tax year should be calculated on the value of the property as of January 1, 2012. Excess valuation should be available for this project for 15 years beginning in 2013. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $43,255 the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the cost of demolition, site preparation, engineering, expenses and fees reimbursed to the City and CRA, and financing fees the developer will spend more than $51,899 on TIF eligible activities. See Attached Building Plans REDEVELOPMENT CONTRACT This Redevelopment Contract is made and entered into as of the _____th day of ___________, 2010, by and between the Community Redevelopment Authority of the City of Grand Island, Nebraska (“Authority”), and Token, LLC, a limited liability company (“Redeveloper”). WITNESSETH: WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska Constitution and Sections l8-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 2007, as amended (collectively the “Act”), has designated an area in the City as blighted and substandard; and WHEREAS, Authority and Redeveloper desire to enter into this Redevelopment Contract for acquisition and redevelopment of a parcel in the blighted and substandard area; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows: ARTICLE I DEFINITIONS AND INTERPRETATION Section 1.01 Terms Defined in this Redevelopment Contract. Unless the context otherwise requires, the following terms shall have the following meanings for all purposes of this Redevelopment Contract, such definitions to be equally applicable to both the singular and plural forms and masculine, feminine and neuter gender of any of the terms defined: “Act” means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101 through 18-2154, Reissue Revised Statutes of Nebraska, 2007, as amended, and acts amendatory thereof and supplemental thereto “Authority” means the Community Redevelopment Authority of the City of Grand Island, Nebraska. “City” means the City of Grand Island, Nebraska. “Governing Body ” means the Mayor and City Council of the City. “Holder” means the holders of TIF indebtedness issued by the Authority from time to time outstanding. “Liquidated Damages Amount ” means the amounts to be repaid to Authority by Redeveloper pursuant to Section 6.02 of this Redevelopment Contract. “Project” means the improvements to the Redevelopment Area, as fully described in application of the Redeveloper to the Authority for assistance and the Redevelopment Plan Amendment, related to the application, approved by the Governing Body incorporated herein by reference and, as used herein, shall include the Redevelopment Area real estate. “Project Costs” means only costs or expenses incurred by Redeveloper for the purposes set forth in §18-2103 (a) through (f), inclusive, of the Act as identified on Exhibit C. “Redeveloper” means Token, LLC, a limited liability company. “Redevelopment Area” means that certain real property situated in the City of Grand Island, Hall County, Nebraska, which has been declared blighted and substandard by the City pursuant to the Act, and which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. “Redevelopment Contract” means this redevelopment contract between the Authority and Redeveloper with respect to the Project. “Redevelopment Plan” means the Amended Redevelopment Plan for the Redevelopment Area related to the Project, prepared by the Authority and approved by the City pursuant to the Act. “Resolution” means the Resolution of the Authority, as supplemented from time to time, approving this Redevelopment Contract and the issuance of the TIF Indebtedness. “TIF Indebtedness” means the note incurred by the Authority pursuant to Article III hereof and secured in whole or in part by TIF Revenues, as shown on attached Exhibit B. “TIF Revenues” means incremental ad valorem taxes generated by the Project which are allocated to and paid to the Authority pursuant to the Act. Section 1.02 Construction and Interpretation. The provisions of this Redevelopment Contract shall be construed and interpreted in accordance with the following provisions: (a) Wherever in this Redevelopment Contract it is provided that any person may do or perform any act or thing the word “may” shall he deemed permissive and not mandatory and it shall be construed that such person shall have the right, but shall not be obligated, to do and perform any such act or thing. (b) The phrase “at any time” shall be construed as meaning “at any time or from time to time.” (c) The word ‘including” shall be construed as meaning ‘‘including, but not limited to.” (d) The words ‘will” and “shall” shall each be construed as mandatory. (e) The words “herein,” “hereof,” “hereunder,”” hereinafter” and words of similar import shall refer to the Redevelopment Contract as a whole rather than to any particular paragraph, section or subsection, unless the context specifically refers thereto. (f) Forms of words in the singular, plural, masculine, feminine or neuter shall be construed to inc lude the other forms as the context may require. (g) The captions to the sections of this Redevelopment Contract are for convenience only and shall not be deemed part of the text of the respective sections and shall not vary by implication or otherwise any of the provisions hereof. ARTICLE II REPRESENTATIONS Section 2.01 Representations by Authority. The Authority makes the following representations and findings: (a) the Authority is a duly organized and validly existing Community Redevelopment Authority under the Act. (b) The Redevelopment Plan has been duly approved and adopted by the City pur suant to Section 18-2109 through 18-2117 of the Act. (c) The Authority deems it to be in the public interest and in furtherance of the purposes of the Act to accept the proposal submitted by Redeveloper as specified herein. (d) The Redevelopment Project will achieve the public purposes of the Act by, among other things, increasing employment, improving public infrastructure, increasing the tax base, and lessening conditions of blight and substandard in the Redevelopment Area. (e) (1) The Redevelopment Plan is feasible and in conformity with the general plan for the development of the City as a whole and the plan is in conformity with the legislative declarations and determinations set forth in the Act, and (2) Based on Representations made by the Redeveloper: (i) the Project would not be economically feasible without the use of tax-increment financing, (ii) the Project would not occur in the Redevelopment Area without the use of tax-increment financing, and (iii) the costs and benefits of the Project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the Authority and have been found to be in the long-term best interest of the community impacted by the Project. (f) The Authority has determined that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development: including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of’ the recurrence of insanitary or unsafe dwelling accommodations, or conditions of blight. Section 2.02 Representations of Redeveloper. The Redeveloper makes the following representations: (a) The Redeveloper is an individual, having the power to enter into this Redevelopment Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment Contract. (b) The execution and delivery of the Redevelopment Contract and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Contract or, except as disclosed in writing to the Authority, as in any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d) Any financial statements of the Redeveloper or its Members delivered to the Authority prior to the date hereof are true and correct in all respects and fairly present the financial condition of the Redeveloper and the Project as of the dates thereof; no materially adverse change has occurred in the financial condition reflected therein since the respective dates thereof; and no additional borrowings have been made by the Redeveloper since the date thereof except in the ordinary course of business, other than the borrowing contemplated hereby or borrowings disclosed to or approved by the Authority. (e) The Project would not be economically feasible without the use of tax increment financing. (f) The Project would not occur in the Redeve lopment Area without the use of tax-increment financing. (g) The Redeveloper is an accredited investor as that term is defined for purposes Regulation D, issued pursuant to the Securities Act of 1933, as amended. (h) The Redeveloper hereby verifies it ha s been legally obligated to incur the costs set forth on Exhibit C as part of the Project. ARTICLE III OBLIGATIONS OF THE AUTHORITY Section 3.01 Division of Taxes. In accordance with Section 18-2147 of the Act, the Authority hereby provides that any ad valorem tax on the following real property in the Project: to wit: Lot 8 Block 31 of Packer and Barr’s Second Addition to the City of Grand Island, Hall County, Nebraska, for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in this section. The effective date of this provision shall be January 1, 2012. (a) That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and (b) That proportion of the ad valorem tax on real property in the Redevelopment Area in excess of such amount (the “Incremental Ad Valorem Tax”), if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Project shall be paid into the funds of the respective public bodies. Section 3.02 Issuance of TIF Indebtedness Execute and deliver to the Redeveloper, as Purchaser, at closing, the Redevelopment Note in substantially the same form as the copy attached hereto as Exhibit B. The purchase price of the TIF Indebtedness shall be offset against the Grant described in Section 3.04 hereof. The TIF Indebtedness issued pursuant to the provisions of this contract constitutes a limited obligation of the Authority payable exclusively from that portion of the ad valorem real estate taxes mentioned in subdivision (1)(b) of Section 18-2147, R.R.S. Neb. 2007, as levied, collected and apportioned from year to year with respect to certain real estate located within the "Redevelopment Area" The TIF Indebtedness shall not constitute a general obligation of the Authority and the Authority shall be liable for the payment thereof only out of said portion of taxes as described in this paragraph. The TIF Indebtedness shall not constitute an obligation of the State of Nebraska or of the City or the Authority (except for such receipts as have been pledged pursuant to Section 3.03) and neither the State or Nebraska, the Authority nor the City shall be liable for the payment thereof from any fund or source including but not limited to tax monies belonging to either thereof (except for such receipts as have been pledged pursuant to Section 3.03). Neither the members of the Authority's governing body nor any person executing the TIF Indebtedness shall be liable personally on the TIF Indebtedness by reason of the issuance thereof. The Authority’s obligation to the holder of the TIF Indebtedness shall terminate, in all events no later than 15 years from the effective date set forth in Section 3.01 hereof. Section 3.03 Pledge of TIF Revenues. The Authority hereby pledges 100% of the annual TIF Revenues as security for the TIF Indebtedness. Section 3.04 Grant of Proceeds of’ TIF Indebtedness. From the proceeds of the TIF indebtedness incurred as described on Exhibit B, the Authority shall grant the following sums to the following entities, to wit: 100% to the Redeveloper for Project Costs. Notwithstanding the foregoing, the amount of the grant shall not exceed the amount of Project Costs certified pursuant to Section 4.02. The grants shall be paid to the Redeveloper upon certification that the Redeveloper has incurred or is obligated to incur such Project Costs which include supporting documentation requested by Authority from time to time. Section 3.05 Creation of Fund. The Authority will create a special fund to collect and hold the TIF Revenues. Such special fund shall be used for no purpose other than to pay TIF Indebtedness issued pursuant to Sections 3.02 above. ARTICLE IV OBLIGATIONS OF REDEVELOPER Section 4.01 Construction of Project; Insurance. (a) Redeveloper will complete the Project and install all infrastructure, improvements, buildings, fixtures, equipment and furnishings necessary to operate the Project. Redeveloper shall be solely responsible for obtaining all permits and approvals necessary to acquire, construct and equip the Project. Until construction of the Project has been completed, Redeveloper shall make reports in such detail and at such times as may be reasonably requested by the Authority as to the actual progress of Redeveloper with respect to construction of the Project. Promptly after completion by the Redeveloper of the Project, the Redeveloper shall furnish to the Authority a Certificate of Completion. The certification by the Redeveloper shall be a conclusive determination of satisfaction of the agreements and covenants in this Redevelopment Contract with respect to the obligations of Redeveloper and its successors and assigns to construct the Project. As used herein, the term “completion” shall meant substantial completion of the Project. (b) Any general contractor chosen by the Redeveloper or the Redeveloper itself shall be required to obtain and keep in force at all times until completion of construction, policies of insurance including coverage for contractors’ general liability and completed operations and a penal bond as required by the Act. The City, the Authority and the Redeveloper shall be named as additional insured. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an owner, shall be required to purchase and maintain property insurance upon the Project to the full insurable value thereof. This insurance shall insure against the perils of fire and extended coverage and shall include “All Risk” insurance for physical loss or damage. The contractor or the Redeveloper, as the case may be, shall furnish the Authority with a Certificate of Insurance evidencing policies as required above. Such certificates shall state that the insurance companies shall give the Authority prior written notice in the event of cancellation of or material change in any of any of the policies. Section 4.02 Cost Certification. Redeveloper shall submit to Authority a certification of Project Costs, on or before the issuance of the TIF Indebtedness which shall contain detail and documentation showing the payment or obligation for payment of Project Costs specified on the attached Exhibit C in an amount at least equal to the grant to Redeveloper pursuant to Section 3.05. Section 4.03 Costs. Redeveloper shall pay the Authority the following sums on execution of this agreement: a. $1,250 for legal expenses of Authority b. $1,000 for City administrative accounting of incremental tax payments. c. $500 for City application/processing fees. Redeveloper understands that the law firm assisting with the issuance of the TIF Indebtedness represents the Authority and not the Redeveloper. Section 4.04 No Discrimination. Redeveloper agrees and covenants for itself, its successors and assigns that as long as any TIF Indebtedness is outstanding, it will not discriminate against any person or group of persons on account of race, sex, color, religion, national origin, ancestry, disability, marital status or receipt of public assistance in connection with the Project. Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project, Redeveloper will not discriminate against any employee or applicant for employment because of race, religion, sex, color, national origin, ancestry, disability, marital status or receipt of public assistance. Redeveloper will comply with all applicable federal, state and local laws related to the Project. Section 4.05 Pay Real Estate Taxes. Redeveloper intends to create a taxable real property valuation of the Redevelopment Area and Project of One Hundred Fifty Thousand Dollars ($150,000) no later than January 1, 2013. During the period that any TIF Indebtedness is outstanding, neither the Redeveloper, nor its assigns, will (1) file a protest seeking to obtain a real estate property valuation on the Redevelopment Area of less than One Hundred Fifty Thousand Dollars ($150,000) after substantial completion or occupancy; (2) convey the Redevelopment Area on structures thereon to any entity which would be exempt from the payment of real estate taxes or cause the nonpayment of such real estate taxes; nor (3) allow real estate taxes and assessments levied on the Redevelopment Area and Project to become delinquent during the term that any TIF Indebtedness is outstanding. Section 4.07 Assignment or Conveyance. Any assignment or conveyance of the any portion of the Redevelopment, the Project or any interest therein prior to the termination of the 15 year period commencing on the effective date specified in Section 3.01 hereof Area by the Redeveloper shall be subject to the terms and conditions of this Redevelopment Contract. Section 4.08 Purchase of TIF Indebtedness. The Redeveloper shall purchase the TIF Indebtedness at 100% of the principal amount thereof upon issuance of such debt. The Authority offset such purchase against the grant provided in Section 3.04 hereof. Section 4.09 Penal Bond. The Redeveloper shall execute a penal bond for the Project with good and sufficient surety to be approved by the Authority meeting the requirements of Section 18 -2151, Reissue Revised Statutes of Nebraska, as amended, on or prior to its execution of this Contract. Section 4.10 Immigration Status. Redeveloper agrees that any contractor providing services on the Project site will utilize the federal immigration verification system, as defined in Section 4-114, Reissue Revised Statutes of Nebraska, (Supp. 2009), to determine the work eligibility status of new employees physically performing services on the Project. ARTICLE V FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES Section 5.01 Financing. Redeveloper shall pay all Project Costs and any and all other costs related to the Redevelopment Area and the Project which are in excess of the amounts paid from the proceeds of the TIF Indebtedness granted to Redeveloper. Prior to issuance of the TIF Indebtedness, Redeveloper shall provide Authority with evidence satisfactory to the Authority that private funds have been committed to the Redevelopment Project in amounts sufficient to complete the Redevelopment Project. Redeveloper shall timely pay all costs, expenses, fees, charges and other amounts associated with the Project. ARTICLE VI DEFAULT, REMEDIES; INDEMNIFICATION Section 6.01 General Remedies of Authority and Redeveloper. Subject to the further provisions of this Article VI, in the event of any failure to perform or breach of this Redevelopment Contract or any of its terms or conditions, by any party hereto or any successor to such party, such party, or successor, shall, upon written notice from the other, proceed immediately to commence such actions as may be reasonably designed to cure or remedy such failure to perform or breach which cure or remedy shall be accomplished within a reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or diligently pursued, or the failure to perform or breach shall not be cured or remedied within a reasonable time, this Redevelopment Contract shall be in default and the aggrieved party may institute such proceedings as may be necessary or desirable to enforce its rights under this Redevelopment Contract, including, but not limited to, proceedings to compel specific performance by the party failing to perform on in breach of its obligations. Section 6.02 Additional Remedies of Authority In the event that: (a) the Redeveloper, on successor in interest, shall fail to complete the construction of the Project on or before January 1, 2013, or shall abandon construction work for any period of 90 days, (b) the Redeveloper, on successor in interest, shall fail to pay real estate taxes or assessments on the Redevelopment Area on any part thereof or payments in lieu of taxes pursuant to Section 4.07 when due; or (c) There is, in violation of Section 4.08 of this Redevelopment Contract, and such failure or action by the Redeveloper has not been cured within 30 days following written notice from Authority, then the Redeveloper shall be in default of this Redevelopment Contract. In the event of such failure to perform, breach or default occurs and is not cured in the period herein provided, the parties agree that the damages caused to the Authority would be difficult to determine with certainty and that a reasonable estimation of the amount of damages that could be incurred is the amount of the grant to Redeveloper pursuant to Section 3.04 of this Redevelopment Contract, less any reductions in the principal amount of the TIF Indebtedness, plus interest on such amounts as provided herein (the “Liquidated Damages Amount”). The Liquidated Damages Amount shall be paid by Redeveloper to Authority within 30 days of demand from Authority. Interest shall accrue on the Liquidated Damages Amount at the rate of one percent (1%) over the prime rate as published and modified in the Wall Street Journal from time to time and interest shall commence from the date that the Authority gives notice to the Redeveloper demanding payment. Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its obligation to pay real estate taxes or assessments with respect to the Project. Section 6.03 Remedies in the Event of Other Redeveloper Defaults. In the event the Redeveloper fails to perform any other provisions of this Redevelopment Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall be in default. In such an instance, the Authority may seek to enforce the terms of this Redevelopment Contract or exercise any other remedies that may be provided in this Redevelopment Contract or by applicable law; provided, however, that the default covered by this Section shall not give rise to a right or rescission on termination of this Redevelopment Contract, and shall not be covered by the Liquidated Damages Amount. Section 6.04 Forced Delay Beyond Party’s Control. For the purposes of any of the provisions of this Redevelopment Contract, neither the Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to the conveyance or preparation of the Redevelopment Area for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of forced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays in subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such forced delay, the time or times for performance of the obligations of the Authority or of the Redeveloper with respect to construction of the Project, as the case may be, shall be extended for the period of the forced delay: Provided, that the party seeking the benefit of the provisions of this section shall, within thirty (30) days after the beginning of any such forced delay, have first notified the other party thereto in writing, and of the cause or causes thereof and requested an extension for the period of the forced delay. Section 6.05 Limitations of Liability; Indemnification. Notwithstanding anything in this Article VI or this Redevelopment Contract to the contrary, neither the City, the Authority, nor their officers, directors, employees, agents or their governing bodies shall have any pecuniary obligation or monetary liability under this Redevelopment Contract. The sole obligation of the Authority under this Redevelopment Contract shall be the issuance of the TIF Indebtedness and granting of a portion of the proceeds thereof to Redeveloper, as specifically set forth in Sections 3.02 and 3.04. The obligation of the City and Authority on any TIF Indebtedness shall be limited solely to the payment of the TIF Revenues on the TIF Indebtedness. Specifically, but without limitation, neither the City or Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of any representations, warranties or obligations hereunder. The Redeveloper releases the City and Authority from, agrees that neither the City or Authority shall be liable for, and agrees to indemnify and hold the City and Authority harmless from any liability for any loss or damage to property or any injur y to or death of any person that may be occasioned by any cause whatsoever pertaining to the Project. The Redeveloper will indemnify and hold each of the City and Authority and their directors, officers, agents, employees and member of their governing bodies free and harmless from any loss, claim, damage, demand, tax, penalty, liability, disbursement, expense, including litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage or injury, actual or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, whether on not related to the Project, or resulting from or in any way connected with specified events, including the management of’ the Project, or in any way related to the enforcement of this Redevelopment Contract or army other cause pertaining to the Project. ARTICLE VII MISCELLANEOUS Section 7.01 Notice Recording. This Redevelopment Contract or a notice me morandum of this Redevelopment Contract shall be recorded with the County Register of Deeds in which the Redevelopment Area is located. Section 7.02 Governing Law. This Redevelopment Contract shall be governed by the laws of the State of’ Nebraska, including but not limited to the Act. Section 7.03 Binding Effect; Amendment. This Redevelopment Contract shall be binding on the parties hereto and their respective successors and assigns. This Redevelopment Contract shall run with the Redevelopment Area. The Redevelopment Contract shall not be amended except by a writing signed by the party to be bound. Section 7.04 Third Party Enforcement, The provisions of this Redevelopment Contract which obligate the Redeveloper shall inure to the benefit of the holder of the TIF Indebtedness, the Hall County Assessor, the City and the Authority, any of whom may, but are not obligated to enforce the terms of this Redevelopment Contract in a court of law. IN WITNESS WHEREOF, Authority and Redeveloper have signed this Redevelopment Contract as of the date and year first above written. COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF ATTEST: GRAND ISLAND, NEBRASKA _________________________________ By:___________________________________ Secretary Chairman Token, LLC _____________________________ Managing Member STATE OF NEBRASKA ) ) ss. COUNTY OF HALL) The foregoing instrument was acknowledged before me this ______ day of ______, _____, by _______________ and ________________, Chair and Secretary, respectively, of the Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the Authority. __________________________________ Notary Public STATE OF NEBRASKA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ______, _____, by ____________________, Managing Member of Token, LLC, on behalf of the company. __________________________________ Notary Public EXHIBIT A DESCRIPTION OF REDEVELOPMENT AREA Lot 8 Block 31 of Packer and Barr’s Second Addition to the City of Grand Island, Hall County, Nebraska. A-I EXHIBIT B FORM OF TIF INDEBTEDNESS B- 1 EXHIBIT C PROJECT COSTS All Project Costs payable from the proceeds of TIF indebtedness pursuant to the Act including: 1. Acquisition $24,377.55 2. Demolition $11,200.00 3. Site preparation and concrete $ 7,672.00 4. Plan preparation $ 2,000.00 5. Finance & Closing $ 2,000.00 6. Architectural $ 1,400.00 6. Authority costs $ 2,750.00 TOTAL $51,399.55 Item E2 Public Hearing on Amendment to the Redevelopment Plan for Property Located at 1822 West 13th Street Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: August 23, 2011 Subject: Amendment to Redevelopment Plan for CRA Area #6 Item #’s: Presenter(s): Chad Nabity, AICP CRA Director Background In 2007, the Grand Island City Council declared property referred to as CRA Area #6 as blighted and substandard and approved a generalized redevelopment plan for the property. The generalized redevelopment plan authorized the use of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site preparation including demolition, landscaping and parking. TIF can also be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. Arnold Wenn, as the developer has submitted a proposed amendment to the redevelopment plan that would provide for site acquisition, demolition and construction of an existing single family home and subsequent construction of a duplex at 1822 W 13th Street in Grand Island, Nebraska. The CRA reviewed the proposed development plan on July 27, 2011 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on August 3rd. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan ame ndment at a meeting on August 3rd. The Planning Commission approved Resolution 2011-02 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan amendment (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment, the draft TIF contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #6 and authorizes the CRA to execute a contract for TIF based on the plan amendment. The redevelopment plan for amendment permits site acquisition, demolition and construction of the existing single family home and subsequent construction of a duplex housing unit on the property at 1822 W 13th Street. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for as eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The total tax increment financing allowed for this project may not exceed $46,950 during this 15 year period. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the resolution 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the resolution as submitted. Redevelopment Plan Amendment Grand Island CRA Area #6 July 2011 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area #6 with in the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area #6. Executive Summary: Project Description THE DEMOLITION OF THE EXISTING SINGLE FAMILY HOUSE AT 13TH AND HUSTON STREETS AND THE SUBSEQUENT SITE WORK, UTILITY, ENGINEERING, LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR REBUILDING A DUPLEX AT THIS LOCATION. The use of Tax Increment Financing to aid in demolition of existing structures along with costs associated with redevelopment of this site with a new duplex. The use of Tax Increment Financing makes it affordable to provide additional housing in Grand Island at this location at a contract rent that is consistent with the neighborhood. This project would not be possible in an affordable manner witho ut the use of TIF. The site is owned by the developer. All site work, demolition and utilities will be paid for by the developer. The developer is responsible for and has provided evidence that they can secure adequate debt financing to cover the costs associated with the acquisition, site work and remodeling. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2012 towards the allowable costs and associated financing for the acquisition and site work. TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE PROPERTY AND RELATED SITE WORK WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) This property is located at the northeast corner of 13th and Huston Streets in northeast Grand Island. The attached map identifies the subject property and the surrounding land uses: · Legal Descriptions Lot 267 and Lot 268 of West Lawn Addition to the City of Grand Island. The tax increment will be captured for the tax years the payments for which become delinquent in years 2014 through 2028 inclusive. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The increase will come from development of a duplex housing unit at this location. Statutory Pledge of Taxes. Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in the Redevelopment Project Area shall be divided, for the period not to exceed 15 years after the effective date of the provision, which effective date shall be January 1, 2013. a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of suc h amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on October 9, 2007.[§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to acquire the necessary property and provide the necessary site work for the construction of a permitted use on this property. 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: The Redevelopment Plan for Area #6 provides for real property acquisition and this plan amendment does not prohibit such acquisition. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project to be implemented with this plan does call for the demolition and removal of an existing substandard housing unit at this location. The structure to be demolished is a vacant substandard residential structure owned by the applicant. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. The site is planned for mixed-used commercial development. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] City of Grand Island Future Land Use Map d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned R2-Low Density Residential zone. No zoning changes are anticipated with this project. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensi ty of Use The developer is proposing remove the existing structures from the property. The R2 zoning district allow 1 dwelling unit per 6000 square feet of property the combined size of the two lots is slightly more than 12740 square feet; enough to legally accommodate a duplex housing unit. The property is zoned R2 and could accommodate a building of up to 35% of the property area; allowable coverage would be about 4,460 square feet. The proposed units including the attached garages will cover about 2600 square feet, well within the allowable coverage. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. New water and sewer services may be required for this building. No other utilities would be impacted by the development. The developer will be responsible for replacing any sidewalks damaged during construction of the project. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property, owned by the developer is currently vacant, no relocation is contemplated. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The developer has purchased the property for this redevelopment in April of 2009. The cost of property acquisition is not being included as a TIF eligible expense. Costs for demolition, site preparation, landscaping and concrete $28,200 portions of this as related to the demolition and site preparation are included as a TIF eligible expense. Engineering and design fees are estimated at $2,000 and are included as a TIF eligible expense. Fees and reimbursement to the City and the CRA of $2750 are included as a TIF eligible expense. Finance, interest and closing costs of $14,000 are included as a TIF eligible expense. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting the sum of $46,950 from the proceeds of the TIF Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2013 through December 2028. c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordina ted, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan, in that it will allow for the utilization of and redevelopment of commercial lots. This will not significantly impact traffic on at the Five Points intersection. Renovated commercial development will raise property values and provide a stimulus to keep surrounding properties properly maintained. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions. 8. Time Frame for Development Development of this project (including demolition, site preparation and new construction) is anticipated to be completed between October 2011 and September of 2012. Excess valuation should be available for this project for 15 years beginning with the 2013 tax year. 9. Justification of Project This is a residential neighborhood characterized by single family dwellings on smaller lots. The existing structure is considered badly worn by the Hall County Assessor and has a number of safety issues that cannot be fixed without the cost of the repairs exceeding the value of the building. The City of Grand Island is in need of additional housing units and this development will remove one very poor housing unit and replace it with 2 brand new units. This is infill development in an area with all city services available. This project does not propose to tear down any buildings with historic value. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $30,443. The proposed demolition and subsequent construction of a duplex at this location will result in an additional $149,750 of taxable valuation based on an analysis by the Hall County Assessor’s office. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities long after the project is paid off. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; No additional public service needs have been identified. Existing water and waste water facilities will not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools. Fire and police protection are available and should not be impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; The proposed facility will provide jobs for persons employed with Wenn Construction. It will have no impact on other firms locating or expanding in the area. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This project will not have a negative impact on other employers and will result in additional housing choices for employees within the city. (e) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project will increase the available quality housing in Grand Island by a net of 2 units. The existing structure is worn out and not acceptable as a housing unit. These types of smaller projects spread throughout the city will have a less drastic impact on neighborhoods and schools than a centralized larger housing project. This neighborhood has not had a great deal of new development in many years and some newer buildings, especially ones that replace worn out buildings are likely to raise all of the property values. Time Frame for Development Development of this project is anticipated to be completed during between October 1, 2011 and September 1 of 2012. The base tax year should be calculated on the value of the property as of January 1, 2012. Excess valuation should be available for this project for 15 years beginning in 2013. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $46,950, the projected amount of increment based upon the anticipated value of the project and current tax rate. Based on the estimates of the expenses of the cost of demolition, site preparation, engineering, expenses and fees reimbursed to the City and CRA, and financing fees the developer will spend at least $46,950 on TIF eligible activities. See Attached Building Plans REDEVELOPMENT CONTRACT This Redevelopment Contract is made and entered into as of the _____th day of ___________, 2011, by and between the Community Redevelopment Authority of the City of Grand Island, Nebraska (“Authority”), and Arnold Wenn, an individual (“Redeveloper”). WITNESSETH: WHEREAS, the City of Grand Island, Nebraska (the “City”), in furtherance of the purposes and pursuant to the provisions of Section 12 of Article VIII of the Nebraska Constitution and Sections l8-2101 to 18-2154, Reissue Revised Statutes of Nebraska, 2007, as amended (collectively the “Act”), has designated an area in the City as blighted and substandard; and WHEREAS, Authority and Redeveloper desire to enter into this Redevelopment Contract for acquisition and redevelopment of a parcel in the blighted and substandard area; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, Authority and Redeveloper do hereby covenant, agree and bind themselves as follows: ARTICLE I DEFINITIONS AND INTERPRETATION Section 1.01 Terms Defined in this Redevelopment Contract. Unless the context otherwise requires, the following terms shall have the following meanings for all purposes of this Redevelopment Contract, such definitions to be equally applicable to both the singular and plural forms and masculine, feminine and neuter gender of any of the terms defined: “Act” means Section 12 of Article VIII of the Nebraska Constitution, Sections 18-2101 through 18-2154, Reissue Revised Statutes of Nebraska, 2007, as amended, and acts amendatory thereof and supplemental thereto “Authority” means the Community Redevelopment Authority of the City of Grand Island, Nebraska. “City” means the City of Grand Island, Nebraska. “Governing Body ” means the Mayor and City Council of the City. “Holder” means the holders of TIF indebtedness issued by the Authority from time to time outstanding. “Liquidated Damages Amount ” means the amounts to be repaid to Authority by Redeveloper pursuant to Section 6.02 of this Redevelopment Contract. “Project” means the improvements to the Redevelopment Area, as fully described in application of the Redeveloper to the Authority for assistance and the Redevelopment Plan Amendment, related to the application, approved by the Governing Body incorporated herein by reference and, as used herein, shall include the Redevelopment Area real estate. “Project Costs” means only costs or expenses incurred by Redeveloper for the purposes set forth in §18-2103 (a) through (f), inclusive, of the Act as identified on Exhibit C. “Redeveloper” means Arnold Wenn, an individual. “Redevelopment Area” means that certain real property situated in the City of Grand Island, Hall County, Nebraska, which has been declared blighted and substandard by the City pursuant to the Act, and which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. “Redevelopment Contract” means this redevelopment contract between the Authority and Redeveloper with respect to the Project. “Redevelopment Plan” means the Amended Redevelopment Plan for the Redevelopment Area related to the Project, prepared by the Authority and approved by the City pursuant to the Act. “Resolution” means the Resolution of the Authority, as supplemented from time to time, approving this Redevelopment Contract and the issuance of the TIF Indebtedness. “TIF Indebtedness” means the note incurred by the Authority pursuant to Article III hereof and secured in whole or in part by TIF Revenues, as shown on attached Exhibit B. “TIF Revenues” means incremental ad valorem taxes generated by the Project which are allocated to and paid to the Authority pursuant to the Act. Section 1.02 Construction and Interpretation. The provisions of this Redevelopment Contract shall be construed and interpreted in accordance with the following provisions: (a) Wherever in this Redevelopment Contract it is provided that any person may do or perform any act or thing the word “may” shall he deemed permissive and not mandatory and it shall be construed that such person shall have the right, but shall not be obligated, to do and perform any such act or thing. (b) The phrase “at any time” shall be construed as meaning “at any time or from time to time.” (c) The word ‘including” shall be construed as meaning ‘‘including, but not limited to.” (d) The words ‘will” and “shall” shall each be construed as mandatory. (e) The words “herein,” “hereof,” “hereunder,”” hereinafter” and words of similar import shall refer to the Redevelopment Contract as a whole rather than to any particular paragraph, section or subsection, unless the context specifically refers thereto. (f) Forms of words in the singular, plural, masculine, feminine or neuter shall be construed to include the other forms as the context may require. (g) The captions to the sections of this Redevelopment Contract are for convenience only and shall not be deemed part of the text of the respective sections and shall not vary by implication or otherwise any of the provisions hereof. ARTICLE II REPRESENTATIONS Section 2.01 Representations by Authority. The Authority makes the following representations and findings: (a) the Authority is a duly organized and validly existing Community Redevelopment Authority under the Act. (b) The Redevelopment Plan has been duly approved and adopted by the City pur suant to Section 18-2109 through 18-2117 of the Act. (c) The Authority deems it to be in the public interest and in furtherance of the purposes of the Act to accept the proposal submitted by Redeveloper as specified herein. (d) The Redevelopment Project will achieve the public purposes of the Act by, among other things, increasing employment, improving public infrastructure, increasing the tax base, and lessening conditions of blight and substandard in the Redevelopment Area. (e) (1) The Redevelopment Plan is feasible and in conformity with the general plan for the development of the City as a whole and the plan is in conformity with the legislative declarations and determinations set forth in the Act, and (2) Based on Representations made by the Redeveloper: (i) the Project would not be economically feasible without the use of tax-increment financing, (ii) the Project would not occur in the Redevelopment Area without the use of tax-increment financing, and (iii) the costs and benefits of the Project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the Authority and have been found to be in the long-term best interest of the community impacted by the Project. (f) The Authority has determined that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development: including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of’ the recurrence of insanitary or unsafe dwelling accommodations, or conditions of blight. Section 2.02 Representations of Redeveloper. The Redeveloper makes the following representations: (a) The Redeveloper is an individual, having the power to enter into this Redevelopment Contract and perform all obligations contained herein and by proper action has been duly authorized to execute and deliver this Redevelopment Contract. (b) The execution and delivery of the Redevelopment Contract and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Redeveloper is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Redeveloper contrary to the terms of any instrument or agreement. (c) There is no litigation pending or to the best of its knowledge threatened against Redeveloper affecting its ability to carry out the acquisition, construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Contract or, except as disclosed in writing to the Authority, as in any other matter materially affecting the ability of Redeveloper to perform its obligations hereunder. (d) Any financial statements of the Redeveloper or its Members delivered to the Authority prior to the date hereof are true and correct in all respects and fairly present the financial condition of the Redeveloper and the Project as of the dates thereof; no materially adverse change has occurred in the financial condition reflected therein since the respective dates thereof; and no additional borrowings have been made by the Redeveloper since the date thereof except in the ordinary course of business, other than the borrowing contemplated hereby or borrowings disclosed to or approved by the Authority. (e) The Project would not be economically feasible without the use of tax increment financing. (f) The Project would not occur in the Redevelopment Area without the use of tax-increment financing. (g) The Redeveloper is an accredited investor as that term is defined for purposes Regulation D, issued pursuant to the Securities Act of 1933, as amended. (h) The Redeveloper hereby verifies it has been legally obligated to incur the costs set forth on Exhibit C as part of the Project. ARTICLE III OBLIGATIONS OF THE AUTHORITY Section 3.01 Division of Taxes. In accordance with Section 18-2147 of the Act, the Authority hereby provides that any ad valorem tax on the following real property in the Project: to wit: Lot 267 and Lot 268 of West Lawn Addition to the City of Grand Island, Hall County, Nebraska, for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in this section. The effective date of this provision shall be January 1, 2012. (a) That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and (b) That proportion of the ad valorem tax on real property in the Redevelopment Area in excess of such amount (the “Incremental Ad Valorem Tax”), if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Project shall be paid into the funds of the respective public bodies. Section 3.02 Issuance of TIF Indebtedness Execute and deliver to the Redeveloper, as Purchaser, at closing, the Redevelopment Note in substantially the same form as the copy attached hereto as Exhibit B. The purchase price of the TIF Indebtedness shall be offset against the Grant described in Section 3.04 hereof. The TIF Indebtedness issued pursuant to the provisions of this contract constitutes a limited obligation of the Authority payable exclusively from that portion of the ad valorem real estate taxes mentioned in subdivision (1)(b) of Section 18-2147, R.R.S. Neb. 2007, as levied, collected and apportioned from year to year with respect to certain real estate located within the "Redevelopment Area" The TIF Indebtedness shall not constitute a general obligation of the Authority and the Authority shall be liable for the payment thereof only out of said portion of taxes as described in this paragraph. The TIF Indebtedness shall not constitute an obligation of the State of Nebraska or of the City or the Authority (except for such receipts as have been pledged pursuant to Section 3.03) and neither the State or Nebraska, the Authority nor the City shall be liable for the payment thereof from any fund or source including but not limited to tax monies belonging to either thereof (except for such receipts as have been pledged pursuant to Section 3.03). Neither the members of the Authority's governing body nor any person executing the TIF Indebtedness shall be liable personally on the TIF Indebtedness by reason of the issuance thereof. The Authority’s obligation to the holder of the TIF Indebtedness shall terminate, in all events no later than 15 years from the effective date set forth in Section 3.01 hereof. Section 3.03 Pledge of TIF Revenues. The Authority hereby pledges 100% of the annual TIF Revenues as security for the TIF Indebtedness. Section 3.04 Grant of Proceeds of’ TIF Indebtedness. From the proceeds of the TIF indebtedness incurred as described on Exhibit B, the Authority shall grant the following sums to the following entities, to wit: 100% to the Redeveloper for Project Costs. Notwithstanding the foregoing, the amount of the grant shall not exceed the amount of Project Costs certified pursuant to Section 4.02. The grants shall be paid to the Redeveloper upon certification that the Redeveloper has incurred or is obligated to incur such Project Costs which include supporting documentation requested by Authority from time to time. Section 3.05 Creation of Fund. The Authority will create a special fund to collect and hold the TIF Revenues. Such special fund shall be used for no purpose other than to pay TIF Indebtedness issued pursuant to Sections 3.02 above. ARTICLE IV OBLIGATIONS OF REDEVELOPER Section 4.01 Construction of Project; Insurance. (a) Redeveloper will complete the Project and install all infrastructure, improvements, buildings, fixtures, equipment and furnishings necessary to operate the Project. Redeveloper shall be solely responsible for obtaining all permits and approvals necessary to acquire, construct and equip the Project. Until construction of the Project has been completed, Redeveloper shall make reports in such detail and at such times as may be reasonably requested by the Authority as to the actual progress of Redeveloper with respect to construction of the Project. Promptly after completion by the Redeveloper of the Project, the Redeveloper shall furnish to the Authority a Certificate of Completion. The certification by the Redeveloper shall be a conclusive determination of satisfaction of the agreements and covenants in this Redevelopment Contract with respect to the obligations of Redeveloper and its successors and assigns to construct the Project. As used herein, the term “completion” shall meant substantial completion of the Project. (b) Any general contractor chosen by the Redeveloper or the Redeveloper itself shall be required to obtain and keep in force at all times until completion of construction, policies of insurance including coverage for contractors’ general liability and completed operations and a penal bond as required by the Act. The City, the Authority and the Redeveloper shall be named as additional insured. Any contractor chosen by the Redeveloper or the Redeveloper itself, as an owner, shall be required to purchase and maintain property insurance upon the Project to the full insurable value thereof. This insurance shall insure against the perils of fire and extended coverage and shall include “All Risk” insurance for physical loss or damage. The contractor or the Redeveloper, as the case may be, shall furnish the Authority with a Certificate of Insurance evidencing policies as required above. Such certificates shall state that the insurance companies shall give the Authority prior written notice in the event of cancellation of or material change in any of any of the policies. Section 4.02 Cost Certification. Redeveloper shall submit to Authority a certification of Project Costs, on or before the issuance of the TIF Indebtedness which shall contain detail and documentation showing the payment or obligation for payment of Project Costs specified on the attached Exhibit C in an amount at least equal to the grant to Redeveloper pursuant to Section 3.05. Section 4.03 Costs. Redeveloper shall pay the Authority the following sums on execution of this agreement: a. $1,250 for legal expenses of Authority b. $1,000 for City administrative accounting of incremental tax payments. c. $500 for Authority administrative fees. Redeveloper understands that the law firm assisting with the issuance of the TIF Indebtedness represents the Authority and not the Redeveloper. Section 4.04 No Discrimination. Redeveloper agrees and covenants for itself, its successors and assigns that as long as any TIF Indebtedness is outstanding, it will not discriminate against any person or group of persons on account of race, sex, color, religion, national origin, ancestry, disability, marital status or receipt of public assistance in connection with the Project. Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project, Redeveloper will not discriminate against any employee or applicant for employment because of race, religion, sex, color, national origin, ancestry, disability, marital status or receipt of public assistance. Redeveloper will comply with all applicable federal, state and local laws related to the Project. Section 4.05 Pay Real Estate Taxes. Redeveloper intends to create a taxable real property valuation of the Redevelopme nt Area and Project of One Hundred Forty Nine Thousand Dollars ($149,000) no later than January 1, 2013. During the period that any TIF Indebtedness is outstanding, neither the Redeveloper, nor its assigns, will (1) file a protest seeking to obtain a real estate property valuation on the Redevelopment Area of less than One Hundred Forty Nine Thousand Dollars ($149,000) after substantial completion or occupancy; (2) convey the Redevelopment Area on structures thereon to any entity which would be exempt from the payment of real estate taxes or cause the nonpayment of such real estate taxes; nor (3) allow real estate taxes and assessments levied on the Redevelopment Area and Project to become delinquent during the term that any TIF Indebtedness is outstanding. Section 4.07 Assignment or Conveyance. Any assignment or conveyance of the any portion of the Redevelopment, the Project or any interest therein prior to the termination of the 15 year period commencing on the effective date specified in Section 3.01 hereof Area by the Redeveloper shall be subject to the terms and conditions of this Redevelopment Contract. Section 4.08 Purchase of TIF Indebtedness. The Redeveloper shall purchase the TIF Indebtedness at 100% of the principal amount thereof upon issuance of such debt. The Authority offset such purchase against the grant provided in Section 3.04 hereof. Section 4.09 Penal Bond. The Redeveloper shall execute a penal bond for the Project with good and sufficient surety to be approved by the Authorit y meeting the requirements of Section 18-2151, Reissue Revised Statutes of Nebraska, as amended, on or prior to its execution of this Contract. Section 4.10 Immigration Status. Redeveloper agrees that any contractor providing services on the Project site will utilize the federal immigration verification system, as defined in Section 4-114, Reissue Revised Statutes of Nebraska, (Supp. 2009), to determine the work eligibility status of new employees physically performing services on the Project. ARTICLE V FINANCING REDEVELOPMENT PROJECT; ENCUMBRANCES Section 5.01 Financing. Redeveloper shall pay all Project Costs and any and all other costs related to the Redevelopment Area and the Project which are in excess of the amounts paid from the proceeds of the TIF Indebtedness granted to Redeveloper. Prior to issuance of the TIF Indebtedness, Redeveloper shall provide Authority with evidence satisfactory to the Authority that private funds have been committed to the Redevelopment Project in amounts sufficient to complete the Redevelopment Project. Redeveloper shall timely pay all costs, expenses, fees, charges and other amounts associated with the Project. ARTICLE VI DEFAULT, REMEDIES; INDEMNIFICATION Section 6.01 General Remedies of Authority and Redeveloper. Subject to the further provisions of this Article VI, in the event of any failure to perform or breach of this Redevelopment Contract or any of its terms or conditions, by any party hereto or any successor to such party, such party, or successor, shall, upon written notice from the other, proceed immediately to commence such actions as may be reasonably designed to cure or remedy such failure to perform or breach which cure or remedy shall be accomplished within a reasonable time by the diligent pursuit of corrective action. In case such action is not taken, or diligently pursued, or the failure to perform or breach shall not be cured or remedied within a reasonable time, this Redevelopment Contract shall be in default and the aggrieved party may institute such proceedings as may be necessary or desirable to enforce its rights under this Redevelopment Contract, including, but not limited to, proceedings to compel specific performance by the party failing to perform on in breach of its obligations. Section 6.02 Additional Remedies of Authority In the event that: (a) the Redeveloper, on successor in interest, shall fail to complete the construction of the Project on or before January 1, 2013, or shall abandon construction work for any period of 90 days, (b) the Redeveloper, on successor in interest, shall fail to pay real estate taxes or assessments on the Redevelopment Area on any part thereof or payments in lieu of taxes pursuant to Section 4.07 when due; or (c) There is, in violation of Section 4.08 of this Redevelopment Contract, and such failure or action by the Redeveloper has not been cured within 30 days following written notice from Authority, then the Redeveloper shall be in default of this Redevelopment Contract. In the event of such failure to perform, breach or default occurs and is not cured in the period herein provided, the parties agree that the damages caused to the Authority would be difficult to determine with certainty and that a reasonable estimation of the amount of damages that could be incurred is the amount of the grant to Redeveloper pursuant to Section 3.04 of this Redevelopment Contract, less any reductions in the principal amount of the TIF Indebtedness, plus interest on such amounts as provided herein (the “Liquidated Damages Amount”). The Liquidated Damages Amount shall be paid by Redeveloper to Authority within 30 days of demand from Authority. Interest shall accrue on the Liquidated Damages Amount at the rate of one percent (1%) over the prime rate as published and modified in the Wall Street Journal from time to time and interest shall commence from the date that the Authority gives notice to the Redeveloper demanding payment. Payment of the Liquidated Damages Amount shall not relieve Redeveloper of its obligation to pay real estate taxes or assessments with respect to the Project. Section 6.03 Remedies in the Event of Other Redeveloper Defaults. In the event the Redeveloper fails to perform any other provisions of this Redevelopment Contract (other than those specific provisions contained in Section 6.02), the Redeveloper shall be in default. In such an instance, the Authority may seek to enforce the terms of this Redevelopment Contract or exercise any other remedies that may be provided in this Redevelopment Contract or by applicable law; provided, however, that the default covered by this Section shall not give rise to a right or rescission on termination of this Redevelopment Contract, and shall not be covered by the Liquidated Damages Amount. Section 6.04 Forced Delay Beyond Party’s Control. For the purposes of any of the provisions of this Redevelopment Contract, neither the Authority nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of or default in its obligations with respect to the conveyance or preparation of the Redevelopment Area for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of forced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, or of the public enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays in subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such forced delay, the time or times for performanc e of the obligations of the Authority or of the Redeveloper with respect to construction of the Project, as the case may be, shall be extended for the period of the forced delay: Provided, that the party seeking the benefit of the provisions of this section shall, within thirty (30) days after the beginning of any such forced delay, have first notified the other party thereto in writing, and of the cause or causes thereof and requested an extension for the period of the forced delay. Section 6.05 Limitations of Liability; Indemnification. Notwithstanding anything in this Article VI or this Redevelopment Contract to the contrary, neither the City, the Authority, nor their officers, directors, employees, agents or their governing bodies shall have any pecuniary obligation or monetary liability under this Redevelopment Contract. The sole obligation of the Authority under this Redevelopment Contract shall be the issuance of the TIF Indebtedness and granting of a portion of the proceeds thereof to Redeveloper, as specifically set forth in Sections 3.02 and 3.04. The obligation of the City and Authority on any TIF Indebtedness shall be limited solely to the payment of the TIF Revenues on the TIF Indebtedness. Specifically, but without limitation, neither the City or Authority shall be liable for any costs, liabilities, actions, demands, or damages for failure of any representations, warranties or obligations hereunder. The Redeveloper releases the City and Authority from, agrees that neither the City or Authority shall be liable for, and agrees to indemnify and hold the City and Authority harmless from any liability for any loss or damage to property or any injur y to or death of any person that may be occasioned by any cause whatsoever pertaining to the Project. The Redeveloper will indemnify and hold each of the City and Authority and their directors, officers, agents, employees and member of their governing bodies free and harmless from any loss, claim, damage, demand, tax, penalty, liability, disbursement, expense, including litigation expenses, attorneys’ fees and expenses, or court costs arising out of any damage or injury, actual or claimed, of whatsoever kind or character, to property (including loss of use thereof) or persons, occurring or allegedly occurring in, on or about the Project during the term of this Redevelopment Contract or arising out of any action or inaction of Redeveloper, whether on not related to the Project, or resulting from or in any way connected with specified events, including the management of’ the Project, or in any way related to the enforcement of this Redevelopment Contract or army other cause pertaining to the Project. ARTICLE VII MISCELLANEOUS Section 7.01 Notice Recording. This Redevelopment Contract or a notice me morandum of this Redevelopment Contract shall be recorded with the County Register of Deeds in which the Redevelopment Area is located. Section 7.02 Governing Law. This Redevelopment Contract shall be governed by the laws of the State of’ Nebraska, including but not limited to the Act. Section 7.03 Binding Effect; Amendment. This Redevelopment Contract shall be binding on the parties hereto and their respective successors and assigns. This Redevelopment Contract shall run with the Redevelopment Area. The Redevelopment Contract shall not be amended except by a writing signed by the party to be bound. Section 7.04 Third Party Enforcement, The provisions of this Redevelopment Contract which obligate the Redeveloper shall inure to the benefit of the holder of the TIF Indebtedness, the Hall County Assessor, the City and the Authority, any of whom may, but are not obligated to enforce the terms of this Redevelopment Contract in a court of law. IN WITNESS WHEREOF, Authority and Redeveloper have signed this Redevelopment Contract as of the date and year first above written. COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF ATTEST: GRAND ISLAND, NEBRASKA _________________________________ By:___________________________________ Secretary Chairman Arnold Wenn _____________________________ STATE OF NEBRASKA ) ) ss. COUNTY OF HALL) The foregoing instrument was acknowledged before me this ______ day of ______, _____, by _______________ and ________________, Chair and Secretary, respectively, of the Community Redevelopment Authority of the City of Grand Island, Nebraska, on behalf of the Authority. __________________________________ Notary Public STATE OF NEBRASKA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______ day of ______, _____, by Arnold Wenn. __________________________________ Notary Public EXHIBIT A DESCRIPTION OF REDEVELOPMENT AREA Lot 267 and Lot 268 of West Lawn Addition to the City of Grand Island, Hall County, Nebraska. A-I EXHIBIT B FORM OF TIF INDEBTEDNESS B- 1 EXHIBIT C PROJECT COSTS All Project Costs payable from the proceeds of TIF indebtedness pursuant to the Act including: 1. Demolition $11,100 2. Site preparation and concrete $17,107 3. Plan preparation $ 2,000 4. Finance & Closing $ 1,699 5. Authority costs $ 2,750 TOTAL $34,656 Item E3 Public Hearing on the Proposed FY 2011-2012 City Single Budget (Continued) Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Solid Waste DivisionFY2012 BudgetPUBLICWORKSDEPARTMENTSOLIDWASTEDIVISIONLandfill on Husker Hwy @ Hall / Buffalo County Line Enterprise FundReceive no funding from General FundAll revenues generated from tipping feesPUBLICWORKSDEPARTMENTSOLIDWASTEDIVISIONfrom tipping feesOne of the few Divisions with competitionServes residents and non-residents Major Items From This YearEarly redemption of Solid Waste bondsPaid off two years early/savings of $37,000 in interestSolid Waste Agency dissolvedPUBLICWORKSDEPARTMENTSOLIDWASTEDIVISIONSolid Waste Agency dissolvedCity/County inter-local agreement no longer neededLandfill re-permitting process completedNew operating permit will expire April 2016Cell 3 construction activities/preparationDivision staff handling bulk earthworkNearly 50,000 c.y. dirt moved thus far FY 2012 Budget PUBLICWORKSDEPARTMENTSOLIDWASTEDIVISION Budget Changes For FY 2012Overall target budgetary reduction of 1.75%$1,750,232 (personnel and operations)$31,485 less than FY 2011Discontinue Residential Clean-Up Card program PUBLICWORKSDEPARTMENTSOLIDWASTEDIVISIONDiscontinue Residential Clean-Up Card program Discussed at June 7thCity Council study sessionCards issued thus far will be honored through December 31stThis will impact Solid Waste Division budget and the Public Works General Fund budgetWill expand “free” yard waste disposal program to allow residents to dispose of tree limbs/branches for free year-round Fee Changes For FY 2012No rate increase proposedReduction of minimum charge at the Transfer StationCurrently $12 minimum for loads 640 lbs. or lessPUBLICWORKSDEPARTMENTSOLIDWASTEDIVISIONCurrently $12 minimum for loads 640 lbs. or lessProposed $5 minimum for loads 260 lbs. or lessFree disposal of tree limbs/branchesOnly for residential customersCommercial haulers will still be charged for limbs/branches Fee Changes For FY 2012 (Cont.)Proposed $25 fee for late loadsOnly for loads received “after hours”Primarily for State Fair loads when 24/7 operations are requiredPUBLICWORKSDEPARTMENTSOLIDWASTEDIVISIONNew fee of $20 per ton for disposal of automotive fluffMaterial is all “non-metal” waste from car recycling operationWorking on getting approval from the NDEQ for use as alternative daily cover (ADC)Will be the same rate as GI WWTP sludge, which is also used for ADC Questions?PUBLICWORKSDEPARTMENTSOLIDWASTEDIVISION PUBLICWORKSWastewater Budget 2012Enterprise FundEnterprise Fund PUBLICWORKSFunding SourcesOperating Revenue:Sewer Assessments: $ 90,000Sewer Tap Fees: $ 3,678Sewer Revenue: $ 8,500,000Sewer Revenue: $ 8,500,000Sewer Assessment Interest: $ 6,400Other Revenue: $ 135,940Bond Proceeds: $ 7,800,000Total: $16,536,018 PUBLICWORKSGeneral OperationsStaff: $ 269,812Operating: $1,834,782Operating: $1,834,782Debt Service: $1,835,620Total: $3,940,214 PUBLICWORKSTreatment PlantTreatment, Compost & CapitalStaff: $1,333,087Staff: $1,333,087Operating: $2,012,228Capital: $4,718,500Total: $8,063,815 PUBLICWORKSCollectionsCollection & CapitalStaff: $ 596,760Staff: $ 596,760Operating: $ 556,708Capital: $5,980,000Total: $7,133,468 PUBLICWORKSTotalsGeneral: $3,940,214Treatment: $8,063,815Collections: $7,133,468Total: $19,137,497 PUBLICWORKSOverviewBeginning Cash Balance: $ 6,847,525Revenue: $16,536,018Revenue: $16,536,018Expenditures: $19,137,497Ending Cash Balance: $4,246,046 PUBLICWORKS2012 Capital ProjectsAeration Basin Rehabilitation [$787,000] – replace diffusers, piping, and 2 blowers.Lift Station 7 [$160,000] – Replace Lift Station 7 and leading pipeline. Additional funding is coming from leading pipeline. Additional funding is coming from a grant.Annual Sewer Rehabilitation [$350,000] – repair pipes as issues develop.Sewer Districts – [$250,000] – construct sewer line for newly established sewer districts. PUBLICWORKSSewer Repair 4th-5th, Eddy-Vines [$100,000] –engineering to replace portions of the lines in this area.Wildwood Sewer District [$900,000] – construction of the sewer line in this newly created district.of the sewer line in this newly created district.Platte Valley Industrial Park Sewer Extension –[$320,000]Ultra Violet (UV) Pretreatment Screen [$97,000] –Screen objects from effluent to prevent damage to UV lamps. PUBLICWORKSNE Interceptor Construction [$3,000,000] – rebuild a portion of the NE Interceptor lineWastewater Rehabilitation Projects Design [$1,200,000]Capital Outlay (Buildings, Vehicles, Machinery & Capital Outlay (Buildings, Vehicles, Machinery & Equipment) [$984,000]South & West Interceptor Rehabilitation [$2,516,500] – line or replace pipelines PUBLICWORKSDiscussionDiscussion Item F1 #9316 - Consideration of Amending Chapter 31 of the Grand Island City Code Relative to Signs Tuesday, August 23, 2011 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: August 23, 2011 Subject: Amending Chapter 31 of the Grand Island City Code to Modify Regulations Regarding Signs Item #’s: F-1 Presenter(s): Craig A. Lewis , Building Department Director Background The Grand Island City Code chapter 31 regulates the installation of signage, specifically section 31-33 addresses political campaign signs and provides regulations for the size, location, and limits the amount of time they may be displayed. These regulations have in the past been questioned as to their constitutionality, because they restrict signage based on the content of the sign. At the June 7, 2011 City Council study session these regulations were discussed with the intent to bring a proposed ordinance before the City Council to amend the existing regulations. Discussion The proposed ordinance will eliminate the reference to political campaign signs, establish a definition and regulations for free standing yard signs, and amend certain sections to clarify current interpretations, regulations and enforcement of sign regulations. Political campaign signs would be regulated in the same manner as garage sale signs or any other temporary yard signs. These free standing yard signs would be restricted in size, exempt from permits, not allowed on public property or within the street right of ways, restricted within the corner visibility triangle, and required to be removed within five days after the event. The ordinance will retain the ability of the City to remove signs in violation of the City Code and dispose of them without notice. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the ordinance. 2. Disapprove or /Deny the ordinance. 3. Modify the ordinance to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the ordinance to revise Chapter 31. Sample Motion A motion to approve Ordinance #9316 to amend Chapter 31 of the Grand Island City Code. Approved as to Form ____________ August 19, 2011 City Attorney ORDINANCE NO. 9316 An ordinance to amend Chapter 31 of the Grand Island City Code; to amend Sections 31-1; 31-10; 31-12; 31-13; 31-22; 31-24; 31-25; 31-32 and 31-33 pertaining to signs; to repeal Sections 31-1; 31-10; 31-12; 31-13; 31-22; 31-24; 31-25; 31-32 and 31-33 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 31-1 of the Grand Island City Code is hereby amended to read as follows: §31-1. Definitions For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section. Back-to-Back Sign. An off-premise sign consisting of two sign facings oriented in opposite directions with not more than two faces per sign facing. Cloth Sign. Any sign executed upon or composed of any flexible fabric. Development Sign. A ground sign whose purpose is to identify business located within a retail subdivision or commercial development. Directional Sign. A sign erected for the convenience of the public, such as for directing traffic movement, parking, or identifying restrooms, public telephones, walkways and other similar features or facilities, and bearing no advertising message. Double Faced Sign. An off-premise sign with two adjacent faces oriented in the same direction and not more than ten (10) feet apart at the nearest point between the two faces. Facing. That portion of an off-premise sign upon which advertising is affixed or painted and visible in one direction at one time. Flat Sign. Any sign so attached to a building or other structure that it projects beyond the building line, but extends parallel or substantially parallel thereto. Free Standing Yard Sign. Any sign 15 square feet or less that shall have as its supports, wood or steel columns, pipe, angle iron framing, or any other combination of these materials, other than ground signs as defined herein. Ground Sign. Any sign which is supported by uprights or braces placed upon or extending into the ground. Horizontal Sign. Any sign whose horizontal dimension is greater than its vertical dimension, or whereon the subject matter is so placed that it reads at an angle less than forty-five degrees with a horizontal line. Mobile Sign. Any sign structure designed and constructed to be moved by means of wheels or skids which proposes any announcement, declaration, demonstration, display, or illustration used to advertise or promote the interests of any person when the same is placed out of doors in view of the general public. This shall not include signs anchored or attached to vehicles or trailers parked and used primarily as a static advertising display, visible from the public right-of-way. ORDINANCE NO. 9316 (Cont.) - 2 - Multi-faced Sign. An off-premise sign comprised of sections which rotate to display a series of advertisements, each advertisement being displayed for at least six (6) seconds continuously without movement; the duration of movement of sections between advertisements not exceeding two (2) seconds. Official Sign. A sign erected by a governmental agency or its designee, setting forth information pursuant to law. Off –Premise Outdoor Advertising Sign. A sign, including the supporting sign structure, which is visible from a street or highway and advertises goods or services not usually located on the premises and/or property upon which the sign is located; also called "billboard." The following shall not be considered an off-premise sign for the purposes of this Chapter: (1) directional or official signs authorized by law; (2) real estate signs; (3) on-premise signs. On-Premise Sign. A sign which advertises the primary goods or services or taking place upon the premises on which the sign is located. Projecting Sign. Any sign attached to a building or other structure and extending beyond the building line either perpendicularly or at any angle other than parallel thereto. Real Estate Sign. Any sign which advertises the sale or lease of the property upon which the sign is located. Roof Sign. Any sign which is supported by uprights or braces placed upon or extending into the roof of any building or other structure. Sign. Any device composed of one or more letters, words, pictures, figures, characters, symbols or emblems, or any combination or grouping thereof which prefigures, typifies, or represents one or more ideas. Transparent Sign. Any sign illuminated from within and made of glass or similar material containing opaque lettering upon a translucent letter upon an opaque ground. V-Type Sign. Any off-premise sign structure which consists of multiple sign facings placed at angles of each other, oriented in different directions and not exceeding twenty (20) feet apart at the nearest point to each other. Vertical Sign. Any sign whose horizontal dimension is less than its vertical dimension, or whereon the subject matter is so placed that it reads at an angle of forty-five degrees or greater with a horizontal line. Wall Sign. Any sign which is painted or otherwise directly depicted upon a wall. Amended by Ordinance No. 8866, effective 11-19-2003 Amended by Ordinance No. 8978, effective 06-08-2005 Amended by Ordinance No. ____, effective _______-2011 SECTION 2. Section 31-10 of the Grand Island City Code is hereby amended to read as follows: §31-10. Clearance; High Voltage Power Lines It shall be the responsibility of the sign installer to contact the City Utility to determine the required clearances from high voltage lines.Signs shall be located not less than six feet horizontally or twelve feet vertically from overhead electrical conductors which are energized in excess of 750 volts. The term "overhead conductors" as used in this section means any electrical conductor, either bar or insulated, installed above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength. Amended by Ordinance No. ____, effective _______-2011 SECTION 3. Section 31-12 of the Grand Island City Code is hereby amended to read as follows: §31-12. Sign Elevation Except as provided in §31-10 and §31-11, the lowest part of any sign, including any grillwork thereon, shall be at least eight feet above the sidewalk or driving surfaceground level. Amended by Ordinance No. ____, effective _______-2011 ORDINANCE NO. 9316 (Cont.) - 3 - SECTION 4. Section 31-13 of the Grand Island City Code is hereby amended to read as follows: §31-13. Signs In Public Right-of-Way (1) No sign shall project into the public right-of-way of any street, alley, or sidewalk, including the air space above such right-of-way, except as provided in this section. (2) Signs may project into the public right-of-way, including the air space right-of-way only within that business district of the City which is within the following described area: Beginning at a point of beginning, being the intersection of the centerline of Clark Street and the centerline of the alley located one-half block North of Fourth Street; thence northeasterly along the centerline of said alley to the West right-of-way line of Cherry Street, now vacated; thence southwesterly along said right-of- way line extended to the centerline of the alley located one-half block south of First Street; thence southwesterly along the centerline of said alley to the centerline of Sycamore Street; thence southerly along the centerline of Sycamore Street to a point located on the easterly extension of the south lot line of Lot 3 of Westervelt Subdivision; thence westerly along said lot line and extension to the centerline of Pine Street; thence southerly along the centerline of Pine Street to the centerline of Koenig Street; thence westerly and southwesterly along the centerline of Koenig Street to the centerline of Cedar Street; thence northwesterly along the centerline of Cedar Street to the centerline of the alley one-half block south of First Street; thence southwesterly along the centerline of said alley to the centerline of Clark Street; thence northwesterly along the centerline of Clark Street to the point of beginning. (3) Any sign which projects into the public right-of-way in said business district must: (A) Be a projecting sign attached to a building, building canopy or awning; (B) Extend not more than ten (10) feet from such building; (C) Not extend beyond a perpendicular line three (3) feet back of any street curb line or alley line. (D) Maintain at least 8’-0” clearance above the sidewalk surface. (4) All signs which extend into or over the public right-of-way are maintained solely at the sufferance of the City. The City reserves the right and power to require the removal of any such sign at its sole discretion. Amended by Ordinance No. ____, effective _______-2011 SECTION 5. Section 31-22 of the Grand Island City Code is hereby amended to read as follows: §31-22. Reserved.Temporary "For Sale" Signs Temporary signs not exceeding ten square feet in area pertaining to the lease, hire, or sale of a building or premises may be of wood or other combustible materials and displayed without a permit in any district of the City. Amended by Ordinance No. ____, effective _______-2011 SECTION 6. Section 31-24 of the Grand Island City Code is hereby amended to read as follows: §31-24. Flat Signs No flat sign shall extend beyond any building line more than fifteen inches; provided, that nothing herein contained shall prohibit the erection of a flat sign on the outer edge of a marquee, provided the same is securely fastened and is not higher than the base of windows to the rear thereof. Flat signs shall not extend beyond the top or ends of the wall surface on which they are placed. Flat signs or signs enclosed in cases used for building directories or theater advertisements, not extending beyond the building line more than three inches, shall be permitted at any height. Flat signs denoting places of entrance and exit, and those used for public safety shall also be permitted at any height. The area of flat signs shall not exceed thirty percent of the building façade upon which it is placed. ORDINANCE NO. 9316 (Cont.) - 4 - Amended by Ordinance No. ____, effective _______-2011 SECTION 7. Section 31-25 of the Grand Island City Code is hereby amended to read as follows: §31-25. Ground Signs (1) Dimension Limitation: All ground signs shall be subject to the following: (A) For each foot of height over thirty (30) feet, there shall be a corresponding one foot of setback from the property line or any easement line; (B) Lighting reflectors attached to the top of a sign may project above the top and beyond the face of such sign, and shall be excluded from all measurement requirements established by this subsection. (2) Height Limitation: Ground signs which exceed fifty (50) feet in height, measured from the ground level at the base of the sign to the top of the sign, shall be subject to the following: (A) No permit shall be issued by the chief building official until such issuance has been authorized by the mayor and city council. (B) The applicant for the permit shall submit the following to the chief building official for review and consideration by the mayor and city council: (i) A drawing showing the height, width, elevations, and electrical details of such sign; (ii) Clear and convincing evidence that if the sign does not exceed fifty (50) feet in height the owner will suffer undue hardship and that said hardship is not shared generally by other properties in the area; (iii) Clear and convincing evidence that the proposed sign will not be a substantial detriment to adjacent properties and the character of the surrounding area will not be changed by the erection of the proposed sign. (C) Ground signs exceeding fifty (50) feet in height shall be erected only on tracts of real estate adjacent to state and federal highways and occupied by the business premises advertised by the sign. (D) No permit shall be issued for any sign exceeding one hundred (100) feet in height, measured from the ground level at the base of the sign to the top of the sign. (E) In lieu of the permit fee set forth in this chapter, upon the granting of a permit for erection or moving of a sign exceeding fifty (50) feet in height, the applicant shall pay a fee of $250.00 to the City. (F) All other provisions of the Grand Island City Code pertaining to signs which are not inconsistent with this section shall apply to ground signs exceeding fifty (50) feet in height. (3) Number Limitations: There may be only one ground sign allowed for each one hundred (100) lineal feet or fraction thereof of street frontage for any one lot or tract. Notwithstanding this limit, any lot that fronts on more than one street may have at least one sign on each street. (4) Location Limitations: (A) No signs may be placed in city right-of-way. (B) At street intersections, no signs may be placed within the triangle formed by the intersections of maintained roadway, whether paved or graveled, of two intersecting streets and the line extended joining points measured thirty feet on each property line from the point of said property lines intersection, unless: (i) said signs are on posts with a width or diameter not greater than 18 inches; and (ii) the bottom of said signs are not less than eight feet from the ground or the tops are no higher than twenty-four (24) inches from the ground. (5) The formula for determining the allowable area for ground signs shall be as follows: Four square feet of sign for each one foot of frontage on the lot where the sign is to be placed. In any event, the maximum square footage of any ground sign shall not exceed 800 square feet per side, regardless of frontage feet. Amended by Ordinance No. ____, effective _______-2011 ORDINANCE NO. 9316 (Cont.) - 5 - SECTION 8. Section 31-32 of the Grand Island City Code is hereby amended to read as follows: §31-32. Mobile Signs (1) General. The placement of mobile signs shall be in accordance with all requirements of the Grand Island City Code. Furthermore, no mobile sign shall be placed or used at any location except as allowed in this section, and only after obtaining a permit therefor from the City building department. (2) Permit, Types, Duration; Fee; Application (A) 45 Day Permit: A permit to allow one mobile sign per business to be located at a specific property location for no more than forty-five (45) days from the date of issuance, during any calendar year. No sign authorized by a 45 Day Permit shall be located closer than one hundred (100) feet of any other sign allowed by a 45 Day Permit. Properties with less than one hundred (100) feet of street frontage shall be entitled to one 45 Day Permit per calendar year. The fee for a 45 Day Permit shall be in accordance with the City of Grand Island Fee Schedule. (B) Special Event Permit: A permit to allow any number of mobile signs at any one property location for a period not to exceed four (4) days. The fee for a Special Event Permit shall be in accordance with the City of Grand Island Fee Schedule. Special Event Permits shall only be issued in the spirit of the following examples of truly special events: a grand opening sale, a special holiday or seasonal sale, anniversary sale, going out of business sale. There shall be a minimum of one day between special events. (C) Application Contents: The application shall describe in detail all positions where the sign will be placed on the location, the dimensions of the sign, and the type of permit being sought. (3) Design. Mobile signs may be constructed of any material meeting the requirements of this Code and shall be so designed that the structural frame will resist wind loads of twenty-five (25) pounds per square foot when anchored to the ground. The measured height of the face of a mobile sign shall not exceed six feet (6'). Mobile signs shall be so designed that the sign when placed upon the ground shall not rest upon any wheels. The wheels shall only be utilized in moving the mobile sign from site to site. Mobile signs shall be anchored to the ground or ground-surfacing material in a manner approved by the building official. (4) Electrical. Mobile signs utilizing electrical equipment in connection with illuminating the mobile sign shall have all such equipment installed in accordance with the Grand Island Electrical Code. All electrical connections to mobile signs shall be made with a type S or SO or STO flexible 12-3 cord and plugged into an approved 120 volt grounded electrical outlet protected with a FGCI receptacle or breaker with a capacity of not less than 15 amperes nor more than 20 amperes. The distance between the electrical outlet receptacle and the mobile sign shall not exceed 50 feet and the cord shall not be placed upon any ground or ground-surfacing that is specifically designed to accommodate pedestrian traffic or vehicular traffic of any sort. (5) Anchoring Requirements All mobile signs must be weighted with ballast or anchored in the following manner: (A) Such weight or ballast must be a minimum of five pounds of weight for each square foot of sign face. Mobile signs shall be weighted in a manner approved by a building department official. (B) Anchored at each position used by a minimum of four anchors which meet the following specifications: (1) If anchored in concrete, the anchors shall extend to a depth of at least four inches (4") and shall be at least one half inch (1/2") diameter; or (2) If anchored in asphalt, the anchors shall extend to a depth of at least three feet (3') and shall be at least one half inch (1/2") diameter; or (3) If anchored in dirt, the anchors shall extend to a depth of at least three feet (3') and shall be either metal spikes with a diameter of at least one half inch (1/2") or wooden spikes with dimensions of at least two inches by two inches (2"x2"). (4) The anchoring of any mobile sign must be approved by a building department official. Amended by Ordinance No. ____, effective _______-2011 ORDINANCE NO. 9316 (Cont.) - 6 - SECTION 9. Section 31-33 of the Grand Island City Code is hereby amended to read as follows: §31-33. Free Standing Yard SignsPolitical Ground Signs (1) Free Standing Yard signs shall be free standing and shall not be in excess of fifteen (15) square feet in size. Political ground signs shall include all ground signs used for advertising by or on behalf of any candidate for political office or advocating a position with respect to any political issue. (2) Free Standing Yard signs shall be exempt from Section 31-5 Permits. Political ground signs shall be free standing, and shall not be in excess of fifteen (15) square feet in size. (3) Free Standing Yard signs shall not be allowed on any public property or right-of-way. Political ground signs may be erected no earlier than four weeks before an election date, and must be removed no later than five days after the election date. (4) Political ground signs shall not be allowed on any public property or right-of-way. (45) Free Standing Yard signs Political ground signs at street intersections shall not be placed within the triangle formed by the adjacent property lines of the two intersecting streets and the line joining points thirty (30) feet distant along property lines from their point of intersection. (56) It shall be unlawful to erect free standing yard political ground signs at any time in violation of the Grand Island City Code. (76) The Chief Building Official, or his/her designee, shall be authorized to seize and remove all signs in violation of this section, and dispose of the same without notice. (78) The city clerk shall provide copies of this section of the Grand Island City Code to the Hall County Election Commissioner for distribution to all candidates for political office and persons using political free standing yard ground signs within the zoning jurisdictioncorporate limits of the City of Grand Island, or other interested persons. (9) Free Standing Yard signs utilized to advertise an event shall be removed no later than five (5) days after the event. Amended by Ordinance No. ____, effective _______-2011 SECTION 10. Sections 31-1; 31-10; 31-12; 31-13; 31-22; 31-24; 31-25; 31-32 and 31-33 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 11. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within fifteen days as provided by law. Enacted: August 23, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of August 9, 2011 City Council Regular Meeting Tuesday, August 23, 2011 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 August 9, 2011 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 9, 2011. Notice of the meeting was given in The Grand Island Independent on August 3, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Chuck Haase, Larry Carney, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard and John Gericke. Councilmember Bob Niemann was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, and Public Works Director John Collins. A moment of silence was observed in recognition of Sgt. Patrick Hamburger who was killed in Afghanistan. INVOCATION was given by Father Todd Philipsen, Blessed Sacrament Catholic Church, 518 West State Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Mitch Maginnis and Samantha Moravec and Board member Elizabeth Kuta. City Administrator Mary Lou Brown gave an update on the State Fair and extension of sewer line on Hwy 281. PRESENTATIONS: Proclamation “State Fair City” August 26 – September 5, 2011. Mayor Vavricek proclaimed August 26 – September 5, 2011 as “State Fair City”. Joseph McDermott and Jana Kruger were present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request from Doc & Fritz’s Shady Bend, Inc. dba Doc & Fritz’s Shady Bend, 3609 E. Hwy 30 for an Addition of a Sidewalk Café to their Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application for an addition of a Sidewalk Café to the Class “C-88751” Liquor License had been received from Doc & Fritz’s Shady Bend, Inc. dba Doc & Fritz’s Shady Bend, 3609 E. Hwy 30. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on July 20, 2011; notice to the general public of date, time, and place of hearing published on July 30, 2011; notice to the applicant of date, time, and place of hearing mailed on July 20, 2011; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Craig Woodward, 3609 E. Hwy 30 spoke in support. No further public testimony was heard. Page 2, City Council Regular Meeting, August 9, 2011 Public Hearing on Acquisition of Utility Easement Located at the Extension of 8th Street between Boggs and White Streets (Hall County Housing Authority). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at the extension of 8th Street between Boggs and White Streets was needed in order to have access to install, upgrade, maintain, and repair appurtenances, including lines and transformers for the purpose to facilitate the new construction and supply electrical serve to the new building. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at Stolley Park Road and Burlington Northern/Santa Fe Railroad, Merrick County (Rudolph Kruse, Sr.). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at Stolley Park Road and Burlington Northern/Santa Fe Railroad, Merrick County was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of relocating the overhead and underground facilities at various locations. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1310 Branding Iron Lane (Gerald & Patricia Kindig). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 1310 Branding Iron Lane was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of correcting an existing property encroachment and installation of an underground service to replace the overhead now in place. Staff recommended approval. No public testimony was heard. Public Hearing on Corrected Utility Easement Located at 1839 and 1919 East 4th Street (Tommy Ummel, Sr., Tommy Ummel, Jr., and Cary Ummel). Utilities Director Tim Luchsinger reported that correction of a utility easement located at 1839 and 1919 East 4th Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The subdivision plat changed and the easement will be changed to match the new subdivision. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement Located in the Northwest Quarter of the Northwest Quarter of Section 24, Township 11, Range 10 (Little B’s Corporation). Public Works Director John Collins reported that acquisition of a public utility easement located at the southeast corner of Old Potash Highway and North Road was needed for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Staff recommended approval. No public testimony was heard. Public Hearing on Community Redevelopment Authority (CRA) Budget. Chad Nabity, Regional Planning Director presented the CRA 2011-2012 Annual Budget. Presented was a recap of the CRA programs and functions. The following budget highlights were presented: 1) $100,000 to purchase dilapidated properties/infrastructure; 2) $150,000 for façade development; 3) $240,000 for train horns; 4) $100,000 for other projects; and 5) $200,787 for Lincoln Pool. Total CRA request was $632,171 for 2011-2012. Page 3, City Council Regular Meeting, August 9, 2011 RESOLUTIONS: #2011-210 – Consideration of Approving the American Federation of State, County, and Municipal Employees, AFL-CIO (AFSCME) Labor Agreement. Human Resources Director Brenda Sutherland reported that the City and AFSCME’s negotiating team met to negotiate the terms of a new three year labor agreement beginning October 1, 2011. Notable changes included: language change from an established 40 hour work week to an agreement that hours won’t fall below 76 hours in a two week pay period; 5 consecutive days of vacation each year; definition added to the bereavement leave section; a paragraph was added under the heading of seniority; and 15 steps in the pay scale instead of 8 steps. Overall impact in the first year of the contract is just under 1% and years 2 and 3 outline a 1.5% salary table adjustment. Discussion was held regarding non-binding mediation language. Motion by Gilbert, second by Carney to approve Resolution #2011-210. Upon roll call vote, all voted aye. Motion adopted. #2011-211 – Consideration of Approving the International Association of Fire Fighters (IAFF) Labor Agreement. Human Resources Director Brenda Sutherland reported that City and IAFF”S negotiating team met to negotiate the terms of a new one year labor agreement beginning October 1, 2011. Notable changes included: language to define the use of the Kelly day system; increasing the maximum medical leave from 1687 to 1695 hours; changes to track benefits in the “contract year”; define how vacation and medical leave time is debited; add language from the MOU regarding the payout of medical leave from the last CIR case; change funeral leave to bereavement leave; increase holiday pay hours from 14.77 to 15 hours per holiday; change the premium paid for health insurance to the same rate as all other City employees; and change in how overtime would be calculated. All positions would receive a 1.75% increase in October 2011. Discussion was held regarding over-time hours. Motion by Ramsey, second by Gericke to approve Resolution #2011-211. Upon roll call vote, all voted aye. Motion adopted. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9300 – Consideration of Creation of Water Main District 457 (Pioneer Blvd.) #9301 – Consideration of Creation of Water Main District 459 (Park Drive) #9302 – Consideration of Creation of Water Main District 460 (Grand Avenue & Riverview Drive) #9303 – Consideration of Creation of Water Main District 461 (Haage Avenue) #9304 – Consideration of Creation of Water Main District 462 (Cochin Street) #9305 – Consideration of Creation of Water Main District 463 (Brahma Street & Bantam Street) #9306 – Consideration of Creation of Water Main District 464 (Antelope Drive) Page 4, City Council Regular Meeting, August 9, 2011 #9307 – Consideration of Creation of Water Main District 465 (Wildwood Drive, Elk Drive, & Cougar Drive) #9308 – Consideration of Amending Chapter 23 of the Grand Island City Code Relative to Telephone Occupation Tax #9309 – Consideration of Amending Chapter 22-92 of the Grand Island City Code Relative to Truck and Trailer Parking on Streets #9310 – Consideration of Amending Chapter 35 of the Grand Island City Code Relative to Parkview Groundwater #9311 – Consideration of Refinancing Bonds for the Heartland Events Center Project #9312 – Consideration of Vacation of a Utility Easement Located in Indianhead Seventh Subdivision (3005, 3011 & 3017 Laramie Drive) #9313 – Consideration of Vacation of Cedar Ridge Third Subdivision #9314 – Consideration of Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted. #9300 – Consideration of Creation of Water Main District 457 (Pioneer Blvd.) #9301 – Consideration of Creation of Water Main District 459 (Park Drive) #9302 – Consideration of Creation of Water Main District 460 (Grand Avenue & Riverview Drive) #9303 – Consideration of Creation of Water Main District 461 (Haage Avenue) #9304 – Consideration of Creation of Water Main District 462 (Cochin Street) #9305 – Consideration of Creation of Water Main District 463 (Brahma Street & Bantam Street) #9306 – Consideration of Creation of Water Main District 464 (Antelope Drive) #9307 – Consideration of Creation of Water Main District 465 (Wildwood Drive, Elk Drive, & Cougar Drive) Utilities Director Tim Luchsinger reported that Ordinances #9300 thru #9307 related to petitions received from property owners to create water main districts in the Parkview Area, Wildwood and Hiser Subdivisions. Discussion was held regarding Ordinances #9306 & #9307 regarding cost to the City. Mr. Luchsinger sated there would be no cost to the City. Motion by Gilbert, second by Donaldson to approve Ordinances #9300, #9301, #9302, #9303, #9304, #9305, #9306, and #9307. City Clerk: Ordinances #9300, #9301, #9302, #9303, #9304, #9305, #9306 and #9307 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, August 9, 2011 City Clerk: Ordinances #9300, #9301, #9302, #9303, #9304, #9305, #9306 and #9307 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9300, #9301, #9302, #9303, #9304, #9305, #9306 and #9307 are declared to be lawfully adopted upon publication as required by law. #9308 – Consideration of Amending Chapter 23 of the Grand Island City Code Relative to Telephone Occupation Tax City Administrator Mary Lou Brown reported Ordinance #9308 was originally brought forward on July 26, 2011. The City had lost 1 million dollars in revenue. These revenues would go into the General Fund. The request was to increase the cell phone occupation tax from 3% to 6%. Emergency Management Director Jon Rosenland stated the State assessed a 911 surcharge on cell phones which was partially paid back to the City. The increase in occupation tax could not be set aside for the Emergency Management Department. Mayor Vavricek stated this item was referred from the July 26, 2011 Council meeting so the motion made by Gilbert and second by Niemann was still in effect. Discussion was held regarding lost revenue and why an increase to the cell phone tax instead of the property tax. Ms. Brown commented about the responsibility of staff to bring forward many solutions. This was not the only solution available to increase revenues. This tax did not have a sunset clause. A lengthy discussion was held regarding a property tax increase. Upon roll call vote, Councilmember’s Gilbert and Ramsey voted aye. Councilmember’s Haase, Carney, Nickerson, Donaldson, Dugan, Gard and Gericke voted no. Motion failed. #9309 – Consideration of Amending Chapter 22-92 of the Grand Island City Code Relative to Truck and Trailer Parking on Streets Police Chief Steve Lamken reported that Ordinance #9309 would change Section 22-92 of the Grand Island City Code prohibiting parking large trucks and trailers on all streets of the City with the exceptions for deliveries or collections, waiting to deliver or collect so long as the driver is present and for construction of adjacent properties. Lewis Kent, 624 Meves Avenue spoke in support. Motion by Carney, second by Gilbert to approve Ordinance #9309. Discussion was held by Council regarding notification of Code change, enforcement, and time limit of one-hour parking for trucks and trailers. Motion by Dugan, second by Nickerson to amend parking from 1 hour to 3 hours. Page 6, City Council Regular Meeting, August 9, 2011 Discussion was held regarding the 3 hour parking and verification of time a truck and/or trailer was parked on the street. Upon roll call vote of the amendment, Councilmember’s Nickerson, Dugan, and Gard voted aye. Councilmember’s Haase, Carney, Ramsey, Gilbert, Donaldson, and Gericke voted no. Motion failed. City Clerk: Ordinance #9309 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 #9309on 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9309 is declared to be lawfully adopted upon publication as required by law. #9310 – Consideration of Amending Chapter 35 of the Grand Island City Code Relative to Parkview Groundwater Bradley Vann representing the EPA reported that Ordinance #9310 would add Article VIII to Chapter 35 of the Grand Island City Code relative to Groundwater Control Area No. 3. Motion by Gilbert, second by Ramsey to approve Ordinance #9310. City Clerk: Ordinance #9310 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 #9310on 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9310 is declared to be lawfully adopted upon publication as required by law. #9311 – Consideration of Refinancing Bonds for the Heartland Events Center Project Bruce Lefler representing Ameritas reported that Ordinance #9311 was the refinancing of the Heartland Events Center Project Building Bonds, Series 2004 in the principal amount of $7,765.000 to be replaced with the issuance of Refunding Building Bonds (Heartland Events Center Project), Series 2011 in the principal amount of $5,795,000. Lewis Kent, 624 Meves Avenue commented that the total cost of the Fieldhouse would be less and the money saved could be used on what we need, not what we want. Ms. Brown stated the money saved would go into the General Fund. Motion by Haase, second by Gard to approve Ordinance #9311. Discussion was held concerning the City taking over of the Heartland Events. Ms. Brown stated the City would take ownership once the bonds were paid off. Page 7, City Council Regular Meeting, August 9, 2011 City Clerk: Ordinance #9311 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 #9311on 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9311 is declared to be lawfully adopted upon publication as required by law. #9312 – Consideration of Vacation of a Utility Easement Located in Indianhead Seventh Subdivision (3005, 3011 & 3017 Laramie Drive) Public Works Director John Collins reported that Ordinance #9312 would vacate an existing 10’ wide utility easement located at 3050, 3011 & 3017 Laramie Drive. The easement had no current utilities located in it, nor was there a need anticipated in the future. Motion by Ramsey, second by Nickerson to approve Ordinance #9312. City Clerk: Ordinance #9312 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 #9312on 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9312 is declared to be lawfully adopted upon publication as required by law. #9313 – Consideration of Vacation of Cedar Ridge Third Subdivision Regional Planning Director Chad Nabity reported that Ordinance #9313 would vacate Cedar Ridge Third Subdivision which was platted in 2007 consisting of 9.016 acres. Sanitary sewer, water and storm sewer were constructed but no further development had occurred. This property was sold to Ryan B. O’Connor with RBO LLC and was proposing to redevelop it in a slightly different configuration, utilizing the existing utilities. Motion by Donaldson, second by Gard to approve Ordinance #9313. City Clerk: Ordinance #9313 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 #9313on 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9313 is declared to be lawfully adopted upon publication as required by law. Page 8, City Council Regular Meeting, August 9, 2011 #9314 – Consideration of Salary Ordinance Human Resources Director Brenda Sutherland reported that Ordinance #9314 was the Salary Ordinance which would reclassify a position in the Planning Department to Community Development Specialist and reflect the wages for AFSCME and IAFF. Discussion was held regarding comparability. Motion by Gilbert, second by Ramsey to approve Ordinance #9314. City Clerk: Ordinance #9314on 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, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember Haase voted no. Motion adopted. City Clerk: Ordinance #9314on 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, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember Haase voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9314 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-4 was pulled from the agenda. Consent Agenda item G-13 was removed for further discussion. Motion by Ramsey, second by Nickerson to approve the Consent Agenda excluding items G-4 and G-13. Upon roll call vo te, all voted aye. Motion adopted. Approving Minutes of July 25, 2011 City Council Special Meeting. Approving Minutes of July 26, 2011 City Council Regular Meeting. Approving Request of Fonner Park Exposition and Events Center, Inc. (Heartland Events Center) for Ratification of Election of Board of Directors. #2011-188 – Approving Redemption of Series 2004 Building Bonds for the Heartland Events Center Project. This item was pulled from the agenda at the request of Bond Counsel. #2011-189 – Approving Final Plat and Subdivision Agreement for Buffett Subdivision. It was noted that Leonard & Marlene Mader, owners, had submitted the Final Plat and Subdivision Agreement for Buffett Subdivision for the purpose of creating 1 lot on a tract of land located north of Abbott Road and east of US Highway 281 in the two mile extraterritorial jurisdiction containing approximately 2.583 acres. #2011-190 – Approving Final Plat and Subdivision Agreement for Oak Pointe Subdivision. It was noted that R. B. O., LLC, owner, had submitted the Final Plat and Subdivision Agreement for Oak Pointe Subdivision for the purpose of creating 10 lots on a tract of land located east of Sagewood Avenue and south of 13th Street containing approximately 9.016 acres. Page 9, City Council Regular Meeting, August 9, 2011 #2011-191 – Approving Acquisition of Utility Easement at the Extension of 8th Street between Boggs and White Streets (Hall County Housing Authority). #2011-192 – Approving Acquisition of Utility Easement Located at Stolley Park Road and Burlington Northern/Santa Fe Railroad, Merrick County (Rudolph Kruse, Sr.). #2011-193 – Approving Acquisition of Utility Easement Located at 1310 Branding Iron Lane (Gerald & Patricia Kindig). #2011-194 – Approving Corrected Utility Easement Located at 1839 and 1919 East 4th Street (Tommy Ummel, Sr., Tommy Ummel, Jr. and Cary Ummel). #2011-195 – Approving Bid Award for Natural Gas Supply for Burdick Station from October 1, 2011 through September 30, 2013 with Seminole Energy Services of Holdrege, Nebraska. #2011-196 – Approving Bid Award for Purchase of Fly Ash from Platte Generating Station with Ash Grove Resources, LLC of Topeka, Kansas in an Amount of $8.00 per dry ton. #2011-198 – Approving Storm Water Management Plan Program Grant Application. #2011-199 – Approving Agreement with Kirkham Michael & Associates, Inc. of Omaha, Nebraska for Engineering Consulting Services for Inspection, Structural Analysis and Evaluation of the Eddy Street and Sycamore Street Underpasses in an Amount not-to-exceed $42,932.20. #2011-200 – Approving Agreement for Engineering Consulting Services Related to State Street and Capital Avenue Connector Trail Project with The Schemmer Associates, Inc. of Lincoln, Nebraska in an Amount not-to-exceed $87,043.53. #2011-201 – Approving Designating No Parking on Both Sides of West North Front Street, from Webb Road East to Eisenhower Drive. #2011-202 – Approving Acquisition of Public Utility Easement Located in the Northwest Quarter of the Northwest Quarter of Section 24, Township 11, Range 10 (Little B’s Corporation). #2011-203 – Approving Agreement for Temporary Construction Easement in the Moores Creek Drain Extension Project No. 2008-D-2 Area (North Road and Old Potash Highway). #2011-204 – Approving Agreement with Kirkham Michael & Associates, Inc. of Omaha, Nebraska for Preliminary Engineering Services for US Highway 30 Drainage Improvement Project in an Amount not-to-exceed $99,231.53 with the City share of $19,846.31. #2011-205 – Approving Renewal of MUNIS Contract with Tyler Technologies, Inc. in an Amount of $125,695.89. #2011-206 – Approving 2011-2012 Community Redevelopment Authority (CRA) Budget. Councilmember’s Nickerson and Gilbert voted no. Page 10, City Council Regular Meeting, August 9, 2011 #2011-207 – Approving Change Order No. 1 on Project WWTP-2010-3 for Aeration Basin Improvements at the Wastewater Treatment Plant with Oakview dck, LLC of Red Oak Iowa for an increase of $89,252.00 and a Revised Contract Amount of $3,576,252.00. #2011-197 – Approving Greener Nebraska Towns 2011 Program Grant Agreement. Community Development Administrator Joni Kuzma reported that Grand Island was one of eight Nebraska communities selected to receive a $55,000 Greener Nebraska Towns Program grant. Ms. Kuzma answered questions concerning the grant money. Current projects in the works could be used for the City’s match. Private contributions were encouraged and used. Motion by Dugan, second by Gard to approve Resolution #2011-197. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2011-208 – Consideration of Request from Doc & Fritz’s Shady Bend, Inc. dba Doc & Fritz’s Shady Bend, 3609 E. Hwy 30 for an Addition of a Sidewalk Café to their Class “C” Liquor License. This item related to the aforementioned Public Hearing. Motion by Ramsey, second by Gericke to approve Resolution #2011-208 contingent upon final inspections. Upon roll call vote, all voted aye. Motion adopted. #2011-209 – Consideration of Intent to Annex Areas 3a, 6, 7, 12, 13, & 14. Planning Director Chad Nabity reported that 6 of the 8 identified areas were complete and considered by the Regio nal Planning Commission as requested by Council at the March 22, 2011 City Council meeting. Council needed to pass a resolution stating their intent to annex, approve annexation plans and set public hearings on the annexations. Two resolutions were presented; Resolution 2011-209(A) included all 6 areas originally proposed and Resolution #2011-209(B) included area 7 as recommended by the Regional Planning Commission. Floyd Leiser, 355 No. Engleman Road requested that 80 acres of farm ground in Area 14 along North Road not be included in the annexation. Discussion was held concerning this property being surrounded by City limits. Discussion was held regarding the Regional Planning Commission’s decision to take out farm ground in Area 7 – Vanosdall property. Mr. Nabity explained the next step would be a Public Hearing and the first reading of the Ordinance at the September 27, 2011 City Council meeting. Motion by Gilbert, second by Nickerson to approve Resolution #2011-209. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Discussion was held regarding a claim from the National League of Cities in the amount of $3,813.00 and what benefit the City received being a member. Ms. Brown stated this was for the Page 11, City Council Regular Meeting, August 9, 2011 annual dues and with her only being a City Administrator for such a short time she didn’t know the value of the membership. Motion by Haase, second by Gard to remove the claim to the National League of Cities in the amount of $3,813.00 p page 49 of the Schedule of Bills. Upon roll call vote, Councilmember’s Haase, Dugan, and Gard voted aye. Councilmember’s Carney, Ramsey, Gilbert, Nickerson, Donaldson, and Gericke voted no. Motion failed. Motion by Dugan, second by Nickerson to approve the Claims for the period of July 27, 2011 through August 9, 2011, for a total amount of $2,020,783.60. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Ramsey to adjourn to Executive Session at 9:30 p.m. for the purpose of union negotiation updates and possible litigation for the protection of the public interest. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Donaldson, second by Nickerson to return to Regular Session at 10:15 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 10:15 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of August 11, 2011 City Council Special Meeting Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Shannon Oster City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 11, 2011 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 11, 2011. Notice of the meeting was given in the Grand Island Independent on August 4, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Larry Carney, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmembers Bob Niemann and Chuck Haase were absent. The following City Officials were present: City Administrator/Finance Director Mary Lou Brown, Assistant to the City Administrator Shannon Oster, City Attorney Robert Sivick, and Public Works Director John Collins. INVOCATION was given by CYC member Kaitlin Hehnke followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNITCATION: Mayor Vavricek introduced CYC members, Kaitlin Hehnke, a senior at Grand Island Senior High, and Jessica Wiens, a senior at Grand Island Central Catholic. Mayor Vavricek commented on the four police officers that graduated will join the Police Department. Mayor Vavricek commented on the importance of the budget meetings. Mayor Vavricek reported that the re were documents provided to Council for the public record. PUBLIC HEARING: Public Hearing on Proposed FY 2011-2012 City Single Budget. City Administrator Mary Lou Brown reported that the budget story is a revenue story. The General Fund revenue will lose $2 million in revenue from the 2011 FY to the 2012 FY due to the loss of: no one time transfer of $1.5 million from the Gas Tax Fund, Legislature cutting $375,000 in State Aid to Cities, and anticipation of $125,000 withheld for the Nebraska Advantage Act payments. To balance the budget, Brown stated the goal of City Administration was to offset at least 50% of the revenue lost with new/additional revenue. In the 2012 Proposed Budget there is $1,268,500 increased revenues, $517,730 decreased expenses, and $416,841 use of cash reserves. Brown reported that a combination of revenue and expense reductions in the proposed budget because last year there were $1.9 million in expense reductions and 25 FTE reductions. A food and beverage allowance, increase in cell phone occupation tax and consumer fees are included in the proposed budget; however based on Council feedback a property tax appears to be a solution. The current property tax levy of .2725, could be increased by Council by .0520 for a total levy of .3245. A minimum of $1.3 million in sustainable revenue is needed for the 2012 Budget. Page 2, City Council Special Meeting, August 11, 2011 Brown reported on expenses in the 2012 Budget. The remainder of the budget shortage is resolved through $517,730 in cost reductions. Expense reductions were made are to operating and personnel costs. Brown used program prioritization analytics to illustrate the challenges associated with expense reductions. The program prioritization model is a tool to guide and highlight where questions should be asked, but does not automatically cut or reduce low quartile programs. Cost reductions or elimination may require changes to other areas. Program analytics were reviewed for: mandated to provide services fo r program greater than a two; reliance on the city to provide service for programs less than three; mandate to provide services for programs with scores less than three and reliance on the city to provide service for programs with scores less than three; on the city to provide service for programs equal to a three; safe community programs with scores greater than a two; and programs that overall fall into quartiles three and four (lowest priority). Examples of programs for each analytics and the cost array were presented. A review of financial information for programs in the Parks and Recreation Department were presented by Brown. An analysis of Parks services were reviewed for: Parks Management/Maintenance, Heartland Public Shooting Park, Indoor Recreation/Fieldhouse, Aquatics (Island Oasis, Lincoln Pool and youth swim lessons), Recreation (Baseball, Playground, Municipal Band, Children’s Theater, Flag Football, Hersey Track Meet, Softball, and Administration), Stolley Park Train, Cemetery, Greenhouse, Golf (Enterprise Fund). Parks and Recreation Director Steve Paustian answered questions about the services presented. 2012 Proposed Budget personnel changes were reported for the General Funds. Changes include: · Addition of a Assistant City Administrator and Finance Director position combination with the elimination of the Finance Director · Eliminated a part time meter reader · The Building and Planning departments are sharing the Planning Secretary for part of the year · Community Service Officers reduced by 1.0088 FTE · Reduction of a part time Police Records Clerk · Half of the personnel costs of the Senior Public Safety Dispatcher in the Emergency Management Department is transferred to the E911 Fund · Public Works will add an engineer, not fill a Senior Equipment Operator, reduce a part of an Accounting Technician, and transfer the GIS solely to IT. · The Library will not fill vacant Library Assistant Director position · Parks and Recreation will reduce seasonal workers In total there is a reduction of 5.3338 full time equivalents in the General Fund. Brown reported on increased level of responsibility for the Finance Director/Treasurer position. Discussion was held on the Proposed Budget presentation. The revenue option of increasing property taxes was discussed by Council as the sole option of revenue generation, versus a combination of other sources of revenue. Council discussed if increasing the property tax levy .0520 was fair to residents. Council President Gilbert stated that the Council should reconsider the cell phone company occupation tax. Comments on an adequate amount of cash reserves were Page 3, City Council Special Meeting, August 11, 2011 held. Brown reported that twenty people would be impacted if departments had to cut more expenses again. Council recessed at 9:23pm and resumed at 9:35pm. Expenses were reviewed and discussed. Brown reported that Governance program reductions were equal to Community Oriented programs. Discussion was held on the Finance Department and payments from the Enterprise Funds. The proposed Assistant City Administrator personnel change was discussed. Brown answered questions about the increased responsibility of the proposed Assistant City Administrator versus just the Finance Department. Council asked questions about the recruitment and salary ranges of the proposed position. Council discussed concerns about the proposed reductions to the Community Service Officers hours. Police Chief Lamken commented the impact of reductions. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9315 – Consideration of Amending Chapter 23 of the Grand Island City Code Relative to Food and Beverage Occupation Tax 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 this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted. City Administrator Mary Lou Brown reported that Ordinance #9315 would allow the City to use excess revenue from the food and beverage occupation tax for the State Fair Lottery match, which is $350,000 a year. The lottery match is required by state statute for the State Fair host city. After the debt payments and lottery match the City could make additional debt payments with surplus funds if Ordinance #9315 is adopted. Food and beverage tax receipts are a bright spot for the City’s revenue. Raymond O’Connor, 611 Fleetwood, spoke on Ordinance #9315. Discussion was held on Ordinance #9315. Council discussed the original passage of the Food and Beverage Occupation Tax. Comments were made whether the City should pay off the debt of the Community Fieldhouse building early. Brown reported that the passage of Ordinance #9315 would reduce the amount of revenue necessary to fill the revenue gap. Motion by Carney, second by Ramsey to approve Ordinance #9315. Page 4, City Council Special Meeting, August 11, 2011 Council discussed Ordinance #9315. Motion by Gilbert, second by Ramsey to call for the question. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9315 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 Ramsey, Gilbert, Nickerson, Donaldson, Dugan and Gericke voted aye. Councilmember’s Carney and Gard voted no. Motion adopted. City Clerk: Ordinance #9315 on final passage. All tho se in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Ramsey, Gilbert, Nickerson, Donaldson, Dugan and Gericke voted aye. Councilmember’s Carney and Gard voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9315 is declared to be lawfully adopted upon publication as required by law. RESOLUTION: #2011-212 – Consideration of Approving Contract for Police and Fire Consultant. City Administrator Mary Lou Brown reported that public safety is the largest portion, approximately 50%, of the General Fund budget. This study will help the City make decisions about changes for the Police, Fire and Emergency Management departments. There were four finalists from the request for proposal process that the City interviewed. ICMA receiving the highest score. Scott Kuhel, 1419 Independence Ave, spoke in opposition to the Police and Fire Consultant. Discussion was held on regarding the cost, $84,000, of the contract and this study as an investment for the future. Police Chief Steve Lamken and Fire Chief Troy Hughes answered questions about what the City will receive for the contract. Motion by Gilbert to approve #2011-212 – Consideration of Approving Contract for Police and Fire Consultant, second by Councilmember Gard. Upon roll call vote, Councilmember’s Ramsey, Gilbert, Donaldson, Dugan, Gard and Mayor Vavricek voted aye. Councilmember’s Carney, Nickerson and Gericke voted no. Motion adopted. ADJOURNMENT: The meeting was adjourned at 11:38pm. Shannon Oster Assistant to the City Administrator Item G3 Approving Minutes of August 16, 2011 City Council Special Meeting Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Shannon Oster City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING August 16, 2011 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on August 16, 2011. Notice of the meeting was given in the Grand Island Independent on August 10, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Chuck Haase, Bob Niemann, Larry Carney, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. The following City Officials were present: City Administrator/Finance Director Mary Lou Brown, Assistant to the City Administrator Shannon Oster, City Attorney Robert Sivick, and Public Works Director John Collins. INVOCATION was given by CYC member Kellon Johnson followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNITCATION: No members of the public reserved time to speak during the meeting. The Mayor introduced CYC members Kellon Johnson and Jordyn Barnett. Both are new CYC members. The Mayor congratulated Councilmember Ramsey on his award as the Specialist/Counselor of the Year and recognition published in the Independent on August 13, 2011. The Mayor thanked the public for the work during the Community Clean-Up event. PUBLIC HEARING: Public Hearing on Proposed FY 2011-2012 City Single Budget (Continued). City Administrator Mary Lou Brown reported that the non-union pay schedule in the proposed budget be a 1.75% increase. This group received a 0% last fiscal year. This increase is similar to that of the IAFF, who also received a 0% increase for the current fiscal year. The proposal would also move from a 8 to 15 step salary table. This is the same change as the new AFSCME contract. Long term, this change will slow the growth of salaries. Fees increased include the 2012 Proposed Budget are $268,500 in consumer fees. The proposal is to withdraw $150,000 generated by the $1.00 payment processing fee. Major fee increases are: · Parks and Recreation increase fees by $63,000 in revenue by a player participation fee of $10, and increasing the Island Oasis daily fee ($1) and season pass ($5). · Fire and Ambulance increase fees by $50,000 through education and fire safety inspection fees. · Planning fees of $5,500 are a reimbursement from Community Development for grant related support services. Page 2, City Council Special Meeting, August 16, 2011 Brown reported for 2012 Revenue/Expenses that based on Council feedback from the Special Counc il Meeting on August 11, 2011 that the revenue target should include: $1,268,500, $416,841 (use of reserve), and $37,481 to add back Community Service Officers, for a total revenue target of $1,722,822. Brown stated that a property mill levy adjustment of .0516 would generate $1,254,618 in revenue, along with $118,500 in consumer fees, and the $350,000 in food and beverage allocation would meet the revenue target. Brown reported that adjusting the mill levy results in revenue that is more sustainable. The incremental levy increase would equate to $4.30/month for a $100,000 home, and potentially $40% or $300,000 in MEF. Brown reported on the General Fund Capital in the proposed budget. Most of the requests are from Police and Fire Departments. Brown recommends the approval of the Capital, but recommends a vehicle purchasing policy with the completion of the Fire and Police study. The General Fund Capital is a total of $3,693,172. Discussion was held on the non-union wage proposal for 2011-2012 fiscal year. Brown explained how a 15 step salary plan would increase at 2.5%, which is different from the current 8 step salary plan increases of approximately 5%. Human Resources Director Brenda Sutherland stated that employees would be placed on the 15 step plan similar to their current step. Discussion was held on the Fee Schedule in the 2012 Proposed Budget. Planning Director Chad Nabity stated that the Administrative Fee from the Community Development Division was a change over years based on the realization that the Planning Department staff provides support for Community Development. Motion by Nickerson, second by Gericke to removed the $1 fee from the 2012 fee schedule. Upon roll call vote, all voted aye. Motion adopted. Condition Use Permit fee increase and new fees for the Community Fieldhouse were discussed. Building Director Craig Lewis explained the number of departments and amount of time involved in the Conditional Use Permit process. Motion by Nickerson, second by Dugan to amend the Conditional Use Permit fee from $1,000 to $500. Upon roll call vote, Haase, Nickerson and Dugan voted aye. Carney, Niemann, Ramsey, Gilbert, Donaldson, Gard and Gericke voted no. Motion failed The new block party closure fees were discussed. Public Works Director John Collins explained the type of barricades used are a required Manual Uniform Traffic Control Devices, which are a high cost. Motion by Haase, second by Ramsey to exclude the National Night Out from the Block Party Fee. Upon roll call vote, Haase, Carney, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard and Gericke voted aye. Niemann voted no. Motion adopted. General Fund Capital was discussed. Vehicles for the Building, Police and Fire departments were discussed. The Police Department budgeted $134,000 for marked police cars, which would Page 3, City Council Special Meeting, August 16, 2011 be for four cars, not six. Haase requested a study session on a proposed a vehicle replacement policy. Brown stated that the vehicle policy would be broader than just replacement schedule. Public Works Director John Collins reported on the 2012 Capital Projects Budget. Total funding is $3,254,600 from: · General Fund: $779,600 · State Gas Tax: $1,323,000 · Keno: $250,000 · Debt Service: $602,000 · Special Assessment: $300,000 Collins briefly reviewed each of the 2012 projects which are: · Federal Resurfacing projects design in 2012, with construction in 2013. · Capital Avenue Widening · Wood River Bridge at Blaine Street · Husker Highway (NDOR project) · US Highway 30 (NDOR Project) · Drainage projects include: Independence Ave Drainage, US 30 Drainage, Northwest Drainage, Drainway from Central Community College to Wood River, Integrated/Comprehensive Drainage Plan, and Concrete Lining for Ditches. · Sidewalk and Trails projects include: Annual Sidewalk Program, Walk to Walnut (Safe Routes to School), Sate and Capital Connector Trail, Capital to Eagle Scout Trail, Mormon Island Bridges (Hike/Bike), and Mormon Island Phase 1 & 2. · Quiet Zone Improvement – Phase 1 will begin construction in 2012 · Lincoln Park Pool Design – year one design cost is $80,000 as a placeholder to ensure this was addressed by the City. Motion by Gilbert, second by Gard to remove the Lincoln Park Pool design from the Capital Budget. Motion to withdraw by Gilbert, second by Gard. · Annual Miscellaneous Park Projects · Fiber and Wireless Connections · City Hall Phone System · City Hall Heating Ventilation and Air Conditioning · Infrastructure Emergency Funds – Disaster Recovery Collins also stated that the North and Capital intersection do not meet the warrants for a signal or traffic circle. Council recessed at 9:05pm and resumed at 9:15pm. Brown stated that the Solid Waste and Wastewater budget presentations would be postponed until Tuesday August 23, 2011. RESOLUTION: Page 4, City Council Special Meeting, August 16, 2011 #2011-213 – Consideration of Approving Full Time Equivalent Schedule. City Administrator Mary Lou Brown reported that personnel is the largest portion on the budget. There are six impacts: 1. There was a 5.3338 FTE reduction in the proposed budget, and that 1.0088 FTE for Community Service Officers reinstating until the Police and Fire study. 2. Public Works/Fleet Services reorganization would add an engineer to Public Works and address the ratio of management to support positions in Fleet Services. 3. The Assistant City Administrator/Finance Director position 4. Reclassification in Human Resources to reflect the work performed and titles found in comparability. The existing Specialist job functions are changing a salary reduction is proposed. 5. Reclassification in Solid Waste and Streets to add title of Foreman. 6. Non-union pay recommendation reported in the General Fund presentation Motion by Nickerson, second by Ramsey to approve Resolution #2011-213. Motion by Gericke, second by Haase to amend the motion to not approve the position of the Assistant City Administrator/Finance Director. Discussion was held on the Assistant City Administrator position. Brown and Sutherland reported on the extensive recruitment efforts made for a Finance Director. Recruitment was done internally by the Human Resources Recruiter. Comment s were made on the responsibility and salary of the proposed Assistant City Administrator/Finance Director position. Sutherland stated that comparability would be the determining factor of the salary. This position would be an appointed position, due to state requirement to have a City Treasurer. Upon roll call vote Haase, Carney, Gilbert, Donaldson, Dugan, Gard, Gericke voted aye. Niemann, Ramsey and Nickerson voted no. Motion adopted. Motion by Nickerson, second by Ramsey to approve Resolution #2011-213. Upon roll call vote Haase, Carney, Gilbert, Donaldson, Dugan, and Gard voted aye. Niemann, Ramsey, Gericke and Nickerson voted no. Motion adopted. #2011-214 – Consideration of Providing Guidance to City Administration Regarding Property Tax Levy Adjustment. City Administrator Mary Lou Brown reported that this resolution would direct the City Administration to adjust the proposed budget with a .0516 mill levy increase for a total levy of .3241. Approving this resolution would not formally set the mill levy, but the Council will vote to do that with the budget approval scheduled for September 13, 2011. Brown reported this is the fill an approximate $1.2 million gap in revenue. Motion by Gericke, second by Nickerson to approve Resolution #2011-214. Discussion was held on the proposed property tax increase. Brown reported that the City will find out the property valuation from the County around August 20, 2011. Comments were made that Grand Island would be among the tenth lowest if the mill levy was .3241. Currently the City is the sixth lowest of first class cities, and Lincoln and Omaha. Page 5, City Council Special Meeting, August 16, 2011 Upon roll call vote Niemann, Nickerson, Donaldson, Dugan, Gard and Gericke voted aye. Haase, Carney, Ramsey and Gilbert voted no. Motion adopted. OTER ITEMS: Review and Approval of Proposed FY 2011-2012 City Single Budget The public hearing for the Proposed FY 2011-2012 City Single Budget will remain open and resume on August 23, 2011. ADJOURNMENT: The meeting was adjourned at 10:45 p.m. Shannon Oster Assistant to the City Administrator Item G4 Approving Liquor Manager Designation for Tyra Love, 211 S. Sycamore Street for Smoker Friendly/T & D Liquors, 802 West 2nd Street Tuesday, August 23, 2011 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: August 23, 2011 Subject: Request from Tyra Love, 211 S. Sycamore Street for Liquor Manager Designation for Smoker Friendly/T & D Liquors, 802 West 2nd Street Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Tyra Love, 211 S. Sycamore Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “CCB-81279” Liquor License for Smoker Friendly/T & Liquors, 802 West 2nd 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 Tyra Love, 211 S. Sycamore Street for Liquor Manager Designation in conjunction with the Class “CCB-81279” Liquor License for Smoker Friendly/T & D Liquors, 802 West 2nd Street with the stipulation that Ms. Love complete a state approved alcohol server/seller training program. 08/12/11 Grand Island Police Department 450 14:43 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 12:00:12 08/09/2011 Occurred before : 12:00:12 08/09/2011 When reported : 12:00:12 08/09/2011 Date disposition declared : 08/09/2011 Incident number : L11081171 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 802 2nd St W State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 18110 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- NM 49690 08/10/11 Smoker Friendly, Business NM 167736 08/10/11 Love, Tyra M Liquor Manager? NM 168628 08/10/11 Love, Rodney R Tyra's Spouse LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT17 Liquor Store LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor Manager Application from Tyra Love for Smoker Friendly LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D 08/12/11 Grand Island Police Department 450 14:43 LAW INCIDENT TABLE Page: 2 LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 10:05:49 08/10/2011 08/12/11 Grand Island Police Department 450 14:43 LAW INCIDENT TABLE Page: 3 318 Grand Island Police Department Supplemental Report Date, Time: Wed Aug 10 10:06:03 CDT 2011 Reporting Officer: Vitera Unit- CID I received a copy of a liquor manager application from Tyra Love for Smoker Friendly. According to the application, Tyra was born in North Platte, NE, and she has lived in Nebraska for at least the last ten years. She worked for Smoker Friendly in North Platte for the last seven years before moving to Grand Island this year and working for Smoker Friendly here. Rodney Love is Tyra's husband. He has lived in Nebraska for at least the last ten years. One part of the application asks if the applicant has ever been convicted of any charge. It goes on to explain the question by saying, "Has anyone who is a party to this application, or their spouse, ever been convicted of or plead guilty to any charge. Charge means any charge alleging a felony, misdemeanor, violation of a federal or state law, a violation of a local law, ordinance or resolution." Tyra checked the "No" box to this question. I looked up Tyra and Rodney in Spillman and NCJIS. Tyra didn't have any entries in Spillman that would indicate she was convicted locally of anything, and Rodney didn't have a Spillman entry. According to NCJIS, Tyra was convicted of not having automobile liability insurance in 2005. Rodney has been convicted of DUI in 1998, false reporting in 1999, and disturbing the peace in 2010. Even though Rodney signed a Spousal Affidavit of Non-Participation form, the question about convictions applies to him because it specifically refers to the spouse of the applicant and anyone who is a party to the application. Rodney and Tyra's failure to disclose their convictions technically makes the application false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). The undisclosed convictions would fall under state law or local ordinance. Either way, the convictions are either an infraction or a misdemeanor that do not rise to the level of a Class I Misdemeanor in a specified crime under Nebraska State Statute Chapter 28 that would automatically nullify the liquor license. In addition, it doesn't appear that Rodney's convictions could be held against Tyra even if they were felonies. Part of Nebraska State Statute 53- 131.01 talks about criminal history checks and their impact or lack thereof on the manager-applicant when his or her spouse has non-qualifying convictions. "... (d)... and that such applicant has never been convicted of or pleaded guilty to a felony or been adjudged guilty of violating the laws governing the sale of alcoholic liquor or the law for the prevention of gambling in the State of Nebraska, except that a manager for a corporation applying for a license shall qualify with all provisions of this subdivision as though the manager were the applicant, except that the provisions of this subdivision shall not apply to the spouse of a manager-applicant..." Since Tyra has no criminal history in the State of Nebraska except for one minor violation, and her husband's convictions can't be used against her and wouldn't 08/12/11 Grand Island Police Department 450 14:43 LAW INCIDENT TABLE Page: 4 automatically disqualify her from becoming a manager even if they could; the Grand Island Police Department has no objection to Tyra Love becoming the liquor manager for Smoker Friendly. Item G5 #2011-215 - Approving Bid Award - Pulverizer Separator Tops & Classifier Assemblies at Platte Generating Station Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Jason Eley, Assistant City Attorney/Purchasing Meeting: August 23, 2011 Subject: Pulverizer Separator Tops & Classifier Assemblies – Platte Generating Station Item #’s: G-5 Presenter(s): Timothy Luchsinger, Utilities Director Background The four pulverizers at the Platte Generating Station crush and grind coal into fine particles for the boiler combustion process. These are the original pulverizers installed at the plant in 1980. Each pulverizer has seen consistent operation for over 25 years, each grinding approximately 2,500,000 tons of coal during that time. As a result of this operation, the coal causes erosion to specific pulverizer components. In the pulverizer, there is a separator section where the ground coal is classified by particle size. Larger particles are returned to the grinder section, fine particles are transferred to the boiler by a forced air stream for combustion. Separator tops on two of the pulverizers were replaced last year. During the spring shutdown, an outside inspector found that a third pulverizer was in need of a new top and classifier assembly. Plant maintenance personnel will replace the top during normal operations. Each unit weights just over two tons. Discussion Specifications for the replacement pulverizer separator top were developed by plant staff. Specifications for the Pulverizer Separator Tops and Classifier Assemblies were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on August 9, 2011. Specifications were sent to three potential bidders and responses were received as listed below. The engineer’s estimate for this project was $68,000.00. Bidder Base Bid Price Total Bid Price Southwestern Corp. $61,700.00 $61,700.00 Fort Collins, CO ALSTOM Power, Inc. $66,375.00 $80,401.00 Windsor, CT Bids were reviewed by Utility Engineering staff, and are both compliant with the specifications. The bid from Southwestern Corporation is the lowest bid, and 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 Precipitator Pulverizer Separator Tops and Classifier Assemblies to Southwestern Corporation of Fort Collins, Colorado, as the low responsive bidder, with the bid price of $61,700.00. Sample Motion Motion to approve the bid of $61,700.00 from Southwestern Corporation of Fort Collins, Colorado, for the Pulverizer Separator Tops and Classifier Assemblies. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: August 9, 2011 at 2:00 p.m. FOR: Pulverizer Separator Tops & Classifier Assemblies DEPARTMENT: Utilities ESTIMATE: $68,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: July 28, 2011 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Southwestern Corporation ALSTOM Power, Inc. Fort Collins, CO Windsor, CT Bid Security: $3,085.00 Westchester Fire Ins. Co. Exceptions: Noted Noted Bid Price: Material: $61,700.00 $66,375.00 Labor: -0- $ 9,380.00 Sales Tax: -0- $ 4,646.00 Total Bid: $61,700.00 $80,401.00 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Lynn Mayhew, Utility Engineer Karen Nagel, Utilities Secretary P1494 Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-215 WHEREAS, the City Electric Department invited sealed bids for Pulverizer Separator Tops and Classifier Assemblies at the Platte Generating Station; and WHEREAS, on August 9, 2011, bids were received, opened and reviewed; and WHEREAS, Southwestern Corporation of Fort Collins, Colorado, 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 $61,700.00; and WHEREAS, the bid of Southwestern Corporation of Fort Collins, Colorado, is less than the estimate for Pulverizer Separator Tops and Classifier Assemblies 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 Southwestern Corporation, in the amount of $61,700.00, for Pulverizer Separator Tops and Classifier Assemblies at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2011-216 - Approving Bid Award - Precipitator and Duct Cleaning and High Pressure Wash at Platte Generating Station Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Jason Eley, Assistant City Attorney/Purchasing Meeting: August 23, 2011 Subject: Precipitator and Duct Cleaning and High Pressure Wash – Platte Generating Station Item #’s: G-6 Presenter(s): Timothy Luchsinger, Utilities Director Background The electrostatic precipitator at the Platte Generating Station is the air quality control equipment used to remove coal ash particulates from the plant’s boiler flue gas stream. Proper performance of this equipment is required as part of the plant’s operating permit. Due to volume and characteristics of the coal ash, the precipitator must be grit blasted twice a year to remove ash build-up to allow the plant to operate below permitted emission levels. In addition to maintaining performance, removal of the ash deposits also allows an inspection of the precipitator internal surfaces and components. The next outage is scheduled for October of this year. Specifications were developed by the plant maintenance staff to include grit blasting of the electrostatic precipitator, bulk vacuuming of the associated ductwork, and high pressure water wash of the induced draft fan blades and bottom ash system. Discussion The specifications for the Precipitator and Duct Cleaning with High Pressure Wash were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on August 9, 2011. Specifications were sent to three potential bidders and responses were received as listed below. The engineer’s estimate for this project was $80,000.00. Meylan Enterprises bid did not include the high pressure wash items and the corrected amount is $77,734.43. Bidder Bid Price W-S Industrial Services, Inc. $67,945.00 Council Bluffs, IA Meylan Enterprises, Inc. $77,734.43 Omaha, NE Bids were reviewed by Utility Engineering staff, and are compliant with specifications. The bid from W-S Industrial Services, Inc. is compliant with specifications 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 Precipitator and Duct Cleaning and High Pressure Wash to W-S Industrial Services, Inc., of Council Bluffs, Iowa as the low responsive bidder, with a bid price of $67,945.00. Sample Motion Motion to approve the bid of $67,945.00 from W-S Ind ustrial Services, Inc., for Precipitator and Duct Cleaning and High Pressure Wash at Platte Generating Station. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: August 9, 2011 at 2:15 p.m. FOR: Precipitator and Duct Cleaning and High Pressure Wash DEPARTMENT: Utilities ESTIMATE: $80,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: July 28, 2011 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: W-S Industrial Services, Inc. Meylan Enterprises, inc. Council Bluffs, IA Omaha, NE Bid Security: Merchants Bonding Co. Universal Surety Co. Exceptions: None None Bid Price: Material: $23,750.00 $28,127.00 Labor: $39,750.00 $23,013.00 Sales Tax: $ 4,445.00 $ 3,579.80 Total Bid: $67,945.00 $54,719.80 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Lynn Mayhew, Utilities Engineer Karen Nagel, Utilities Secretary P1495 Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-216 WHEREAS, the City Electric Department invited sealed bids for Precipitator and Duct Cleaning and High Pressure Wash at the Platte Generating Station; and WHEREAS, on August 9, 2011, bids were received, opened and reviewed; and WHEREAS, W-S Industrial Services, Inc., of Council Bluffs, Iowa, 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 $ 67,945.00 and WHEREAS, the bid of W-S Industrial Services, Inc., of Council Bluffs, Iowa, is less than the estimate for Precipitator and Duct Cleaning and High Pressure Wash 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 W-S Industrial Services, Inc., in the amount of $67,945.00, for Precipitator and Duct Cleaning and High Pressure Wash at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-217 - Approving Agreement for Temporary Ingress/Egress Easement to Access Outlot "A" in Springdale Second Subdivision - Part of SW ¼, NE ¼ of Section 23-11-10 (Barry W. and Jo Lynn Niedfelt) Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, Public Works Project Manager Meeting: August 23, 2011 Subject: Approving Agreement for Temporary Ingress/Egress Easement to Access Outlot “A” in Springdale Second Subdivision – Part of SW ¼, NE ¼ of Section 23-11-10 (Barry W. and Jo Lynn Niedfelt) Item #’s: G-7 Presenter(s): John Collins, Public Works Director Background The original plat of Springdale Second Subdivision provided for a 10’ wide easement at the back (west end) of Lots 1 through 7, which was vacated by City Council on July 8, 2008 at the request of the developer. An Ingress/Egress easement was then obtained at the same July 8, 2008 Council meeting, to allow for access to Outlot A, which is the detention cell serving the Springdale Second Subdivision area. This access easement consists of the north 10’ feet of Lot 2 and the south 10’ of Lot 3 in Springdale Second Subdivision, and replaces the vacated easement. During the development of homes on Lot 2 and Lot 3 a utility transformer was placed in the easement, blocking use of the easement to reach the detention cell. Discussion With homes on the north, south, and east side of the detention cell a temporary ingress/easement is needed to access the cell on the west side. During discussions with Mr. Barry Niedfelt, who owns the farm ground directly west of the detention cell, he agreed to a temporary easement on a yearly basis for access to the cell. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Agreement for Temporary Ingress/Egress Easement between the City of Grand Island, Public Works Department and Barry W. and Jo Lynn Niedfelt. Sample Motion Motion to approve the Temporary Ingress/Egress Easement. Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-217 WHEREAS, a temporary Ingress/Egress easement is required by the City of Grand Island, from Barry W. and Jo Lynn Niedfelt, for access to Outlot “A” in Springdale Second Subdivision, as follows: BEGINNING AT THE NE CORNER OF THE SW ¼ OF THE NE ¼ OF SECTION 23, RANGE 11W, TOWNSHIP 10N (ALSO BEING THE NW CORNER OF GOSDA SUBDIVISION IN THE CITY OF GRAND ISLAND), THENCE SOUTHERLY ON THE EAST LINE OF THE SW ¼ OF THE NE ¼ OF SECTION 23, RANGE 11W, TOWNSHIP 10N (ALSO BEING THE WEST LINE OF LOT EIGHT (8) OF GOSDA SUBDIVISION) FOR A DISTANCE OF 231’ TO THE SW CORNER OF LOT EIGHT (8) OF GOSDA SUBDIVISION, TO THE ACTUAL POINT OF BEGINNING, THENCE CONTINUING SOUTHERLY ON THE EAST LINE OF THE SW ¼ OF THE NE ¼ OF SECTION 23, RANGE 11W, TOWNSHIP 10N (ALSO BEING THE WEST LINE OF GOSDA SUBDIVISION), A DISTANCE OF 576’ TO THE SW CORNER OF GOSDA SUBDIVISION, THENCE CONTINUING SOUTHERLY ON THE EAST LINE OF SW ¼ OF THE NE ¼ OF SECTION 23, RANGE 11W, TOWNSHIP 10N (ALSO BEING THE WEST LINE OF LOT ONE (1) OF SPRINGDALE SUBDIVISION) FOR A DISTANCE OF 120’, THENCE CONTINUING SOUTHERLY ON THE EAST LINE OF THE SW ¼ OF THE NE ¼ OF SECTION 23, RANGE 11W, TOWNSHIP 10N (ALSO BEING THE WEST LINE OF OUTLOT “A” OF SPRINGDALE SECOND SUBDIVISION) A DISTANCE OF 20’, THENCE WESTERLY A DISTANCE OF 20’, THENCE NORTHERLY ON A LINE 20’ WEST OF AND PARALLEL TO THE EAST LINE OF THE SW ¼ OF THE NE ¼ OF SECTION 23, RANGE 11W, TOWNSHIP 10N TO A POINT 231’ SOUTH OF THE NORTH LINE OF THE SW ¼ OF THE NE ¼ OF SECTION 23, RANGE 11W, TOWNSHIP 10N, THENCE EASTERLY 20’ TO THE ACTUAL POINT OF BEGINNING. WHEREAS, an Agreement for Temporary Ingress/Egress Easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for Temporary Ingress/Egress Easement on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011. - 2 - _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2011-218 - Approving Bid Award for One (1) TV Van for Videoing the Sewer System Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Fred Tustin, Collections Supervisor Meeting: August 23, 2011 Subject: Approving Bid Award for One (1) TV Van for Videoing the Sewer System Item #’s: G-8 Presenter(s): John Collins, Public Works Director Background The Public Works Department televises sanitary sewer lines on a regular basis to check the condition of the lines. The storm sewer is not functioning as well as desired and there is a need to evaluate these as well. Existing equipment is designed for pipe sizes from 8” to 36”, but some pipe is as large as 72”. The proposed camera transporter has a wheeled design, able to transverse larger pipes and debris without damage. It is also more resistant to the wear from concrete than the existing tracked based camera transporter. A new van is proposed to house the new equipment, which is too large to fit inside the current van. This new equipment will be a better fit for the maintenance of both sanitary and storm sewer. On July 20, 2011 an Advertisement for One (1) High Cube Van Chassis with Interior and Television Equipment with Supporting Accessories and Appurtenances was published in the Grand Island Daily Independent. Discussion Only one bid was received and opened at City Hall on August 3, 2011: Municipal Pipe Tool Company - Van $89,675.00 Television Equipment $75,325.00 Trade-In -$30,000.00 Total Cost $135,000.00 Municipal Pipe Tool Co., LLC, of Hudson, Iowa, 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 Municipal Pipe Tool Co., LLC of Hudson, Iowa 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 Municipal Pipe Tool Co., LLC of Hudson, Iowa. Sample Motion Motion to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: August 3, 2011 at 2:00 p.m. FOR: (1) TV Van for Wastewater Treatment Plant DEPARTMENT: Public Works ESTIMATE: $170,000.00 FUND/ACCOUNT: 53030054-85625 PUBLICATION DATE: July 20, 2011 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Municipal Pipe Tool Company Hudson, IA Bid Security: Merchants Bonding Company Exceptions: None Bid Price: Van: $89,675.00 Television Equip. $75,325.00 Trade In: -$30,000.00 Total Cost: $135,000.00 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Fred Tusin, WWTP Supervisor Mary Lou Brown, City Administrator P1492 RESOLUTION 2011-218 WHEREAS, the City of Grand Island invited sealed bids for one (1) High Cube Van Chassis with Interior and Television Equipment with Supporting Accessories and Appurtenances for videoing the Sewer System according to plans and specifications on file with the City Clerk; and WHEREAS, on August 3, 2011, bids were received, opened and reviewed; and WHEREAS, Municipal Pipe Tool Company, of Hudson, Iowa, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $135,000.00; and WHEREAS, the bid of Municipal Pipe Tool Company of Hudson, Iowa is less than the estimate for the equipment ; 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 Municipal Pipe Tool Company of Hudson, Iowa, with a Base Bid of $165,000.00 and; WHEREAS, the Trade-In value is $30,000 and; WHEREAS, the Total (Base Bid – Trade-In) of $135,000.00 for One (1) High Cube Van Chassis with Interior and Television Equipment with Supporting Accessories and Appurtenances for videoing the Sewer System is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, and August 23, 2011. Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Approved as to Form August 19, 2011 City Attorney Item G9 #2011-219 - Approving Certificate of Final Completion for Handicap Ramp Project No. 2010-1 Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: August 23, 2011 Subject: Approving Certificate of Final Completion for Handicap Ramp Project No. 2010-1 Item #’s: G-9 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $169,331.42 contract for the above project on February 8, 2011. The contract was for the installation of handicap ramps, in conjunction with asphalt street resurfacing in accordance with Federal ADA (Americans with Disabilities Act) regulations. Work commenced on March 21, 2011 and was completed on August 3, 2011. On April 26, 2011 City Council approved Change Order No. 1, which allowed for the extra depth of sidewalk and pavement discovered at the Locust Street and Fonner Park Road intersection. The concrete sidewalk at this location was found to be 6” thick, instead of the normal 4” thickness; while the concrete pavement was 9” thick rather than the 6” thickness most city streets have. Change Order No. 1 added a cost of $11,870.00 to the project, for a total project cost of $181,201.42. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, plans and specificatio ns. It was completed with an under run of $17,404.28, for a total cost of $163,797.14. The project plans were prepared with estimated quantities at each curb ramp area. Any required changes are made in the field as the project is being built, dependent on the condition of the sidewalks and curb & gutter. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Handicap Ramp Project No. 2010-1. Sample Motion Move to approve the resolution. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Handicap Ramp Project No. 2010-1 CITY OF GRAND ISLAND, NEBRASKA August 23, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Handicap Ramp Project No. 2010-1 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated February 8, 2011. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Handicap Ramp Project No. 2010-1 Bid Section A – (Eddy Street at 11th Street – 18th Street; 5-Points Intersection; and Broadwell Avenue at Waugh Street & College Street) Item No. Description Unit Price Unit Total Quantity Total Cost 1 Remove 4” Sidewalk $.60 s.f. 3673.71 $2,204.23 2 Remove Curb $1.50 l.f. 155.24 $232.86 3 Remove 24” Curb & Gutter $3.00 l.f. 571.60 $1,714.80 4 Remove 6” PCC $5.35 s.y. 34.50 $184.58 5 Saw Cut $3.15 l.f. 971.84 $3,061.30 6 Remove 5” Driveway $2.15 s.f. 0.00 $0.00 7 Build 4” Sidewalk $4.48 s.f. 4194.34 $18,790.64 8 Build 5” Driveway $5.45 s.f. 0.00 $0.00 9 Build 24” Curb & Gutter $15.45 l.f. 726.84 $11,229.68 10 Adjust Pull Box $155.00 ea. 0.00 $0.00 11 Furnish & Place Warning Plates 2x2 $112.00 ea. 148.00 $16,576.00 12 Landscaping & Sprinkler Repair $1,600.00 l.s. 1.00 $1,600.00 13 Traffic Control $3,070.00 l.s. 1.00 $3,070.00 BID SECTION A - SUBTOTAL PROJECT COST $58,664.09 Bid Section B – (1st Street at Sycamore Street, Oak Street & Vine Street) Item No. Description Unit Price Unit Total Quantity Total Cost 1 Remove 4” Sidewalk $.60 s.f. 856.08 $513.65 2 Remove Curb $1.50 l.f. 144.50 $216.75 3 Remove 24” Curb & Gutter $3.00 l.f. 52.30 $156.90 4 Remove 6” PCC $5.35 s.y. 25.97 $138.94 5 Saw Cut $3.15 l.f. 201.00 $633.15 6 Build 4” Sidewalk $4.48 s.f. 1020.46 $4,571.66 7 Build 24” Curb & Gutter $15.45 l.f. 167.00 $2,580.15 8 Furnish & Place Warning Plates 2x2 $112.00 ea. 30.00 $3,360.00 9 Landscaping & Sprinkler Repair $735.00 l.s. 1.00 $735.00 10 Traffic Control $1,525.00 l.s. 1.00 $1,525.00 BID SECTION B - SUBTOTAL PROJECT COST $14,431.20 Bid Section C – (Locust Street at Fonner Park Road – Koenig Street) Item No. Description Unit Price Unit Total Quantity Total Cost 1 Remove 4” Sidewalk $.60 s.f. 6726.08 $4,035.65 2 Remove Curb $1.50 l.f. 1233.55 $1,850.33 3 Remove 24” Curb & Gutter $3.00 l.f. 30.60 $91.80 4 Remove 6” PCC $5.35 s.y. 261.94 $1,401.38 5 Saw Cut $3.15 l.f. 1397.70 $4,402.76 6 Remove 5” Driveway $2.15 s.f. 89.44 $192.30 7 Remove Asphalt $6.00 s.f. 30.31 $181.86 8 Build 4” Sidewalk $4.48 s.f. 6812.24 $30,518.84 9 Build 5” Driveway $5.45 s.f. 89.44 $487.45 10 Build 24” Curb & Gutter $15.45 l.f. 954.55 $14,747.80 11 Build 6” Vertical Curb $18.45 l.f. 176.70 $3,260.12 12 Furnish & Place Warning Plates 2x2 $112.00 ea. 145.00 $16,240.00 13 Landscaping & Sprinkler Repair $1,675.00 l.s. 1.00 $1,675.00 14 Traffic Control $3,200.00 l.s. 1.00 $3,200.00 15 Adjust Pull Box $155.00 ea. 1.00 $155.00 BID SECTION C - SUBTOTAL PROJECT COST $82,440.26 Change Order No. 1 Item No. Description Unit Price Unit Total Quantity Total Cost 1 Replace 6” PCC $30.00 s.y. 49.32 $1,479.60 2 Remove 9” PCC $6.85 s.y. 121.31 $830.97 3 Replace 9” PCC $42.00 s.y. 121.31 $5,095.02 4 Install Integral Curb on 9” Pavement $4.00 l.f. 214.00 $856.00 BID SECTION C - SUBTOTAL PROJECT COST $8,261.59 TOTAL PROJECT COST - $163,797.14 I hereby recommend that the Engineer’s Certificate of Final Completion for Handicap Ramp Project No. 2010-1 be approved. ____________________________________________ ___________________________________ John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-219 WHEREAS, the City Engineering/Public Works Director for the City of Grand Island issued a Certificate of Final Completion for Project No. 2010-1, installation of Handicap Ramps, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the handicap ramp installation; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/Public Works Director, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Project No. 2010-1, installation of handicap ramps, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-220 - Approving Bridge Deck Repairs on the Blaine Street Bridge Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, Public Works Project Manager Meeting: August 23, 2011 Subject: Approving Bridge Deck Repairs on the Blaine Street Bridge Item #’s: G-10 Presenter(s): John Collins, Public Works Director Background On June 9, 2011, in the Grand Island Daily Independent, the Engineering Division of the Public Works Department solicited bids for the Blaine Street Bridge Deck Repair project. The Diamond Engineering Company and Lacy Construction Company, both of Grand Island, Nebraska responded to the advertisement, with The Diamond Engineering Company submitting the lowest responsible bid of $17,612.93. Any expenditure over $20,000 requires City Council approval. Discussion The work consisted of the removal and replacement of sections of the 6” deck on the Blaine Street Bridge, north of US Highway 34 over the Wood River. Class II (partial depth) and Class III (full depth) repairs were made to the bridge deck. The repairs were necessary to address concrete deterioration due to age on some sections of the deck. Once the work began, an official from the Nebraska Department of Roads (NDOR) was consulted to review the Contractor’s operations and the condition of the deck. The NDOR official recommended additional sections to be repaired by the Class II methods. The Class II Repair quantity overran 17.79 Square Yards, or 46.8% of the original contract quantity of 38 Square Yards. Overruns for the Class III sections were due to necessary minor increases to the repair locations after concrete removal operations were started. The Class III Repair quantity overran 1.31 Square Yards, or 8.2% of the original contract quantity of 16 Square Yards. The final project cost total, including Mobilization, is $21,346.24. 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 Blaine Street Bridge deck repair project in the amount of $21,346.24 to The Diamond Engineering Company. Sample Motion Move to approve the resolution. RESOLUTION 2011-220 WHEREAS, the City of Grand Island invited sealed bids for Blaine Street Bridge deck repairs according to plans and specifications on file with the Public Works Department; and WHEREAS, on June 20, 2011, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company submitted a bid in the amount of $17,612.93; and WHEREAS, due to necessary additional repairs to the bridge deck the total cost of work completed is $21,346.24; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completed cost of the Blaine Street Bridge deck repairs of $21,3469.24 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, and August 23, 2011. Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Approved as to Form August 19, 2011 City Attorney Item G11 #2011-221 - Approve Holliday Investments Subdivision Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 23, 2011 Subject: Holliday Investments Subdivision – Final Plat Item #’s: G-11 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located south of U.S. Highway 30 and east of Gunbarrel Rd., in the two mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. Consisting of (2 Lots) and 5.29 acres. Discussion The revised final plat for Holliday Investments Subdivision was considered by the Interjurisdictional Planning Commission at the August 9th, 2011 meeting. A motion was made by Connelly and seconded by Ericksen to recommend approval of the plat for Holliday Investments Subdivision as presented. Five members present voted in favor (Ericksen, Connelly, Bredthauer, Ogden, Wiegert) of the motion and no members opposed or abstained. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Motion to approve as recommended. Developer/Owner Jari C. Holliday, President of Holliday Investments, Inc William J. Holliday and Kathryn S. Holliday 116 E Hwy 30 Grand Island NE 68801 To create 2 lots east of Gunbarrel Rd., and south of U. S. Highway 24, in the two mile extraterritorial jurisdiction of Grand Island, in Merrick County, Nebraska. Size: 5.29 acres Zoning: R2-M Suburban Density Residential with a Mobile Home Overlay Road Access: U.S. Hwy 30 Water Public: City water is not available Sewe r Public: City sewer is not available Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-221 WHEREAS, Jari C. Holliday, President of Holliday Investments, Inc a Nebraska Corporation, and William J. Holliday and Kathryn Holliday, husband and wife, being the owners of land described hereon, have caused same to be surveyed, subdivided, platted and designated as HOLLIDAY INVESTMENTS SUBDIVISION, to be laid out into 2 lots, a Subdivision of Tract 1, and Tract 2, located in the Northwest of the Southwest Quarter (NW1/4, SW1/4) of Section 6, Township 11 North, Range 8 West of the 6th P.M., Merrick County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, and Hall and Merrick Counties, in Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of HOLLIDAY INVESTMENTS SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2011-222 - Approving Parking Lot Agreement with the Nebraska State Fair Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: August 23, 2011 Subject: Approving Lease Agreement with State Fair for Parking on City owned property. Item #’s: G-12 Presenter(s): Robert Sivic, City Attorney Background Grand Island was selected to host the Nebraska State Fair staring in the summer of 2010. As part of the requirements of hosting a successful State Fair, adequate parking is necessary. Discussion A lease agreement has developed to allow State Fair parking on City owned land south of Island Oasis and south of Fire Station Number one. A copy of the proposed lease is attached. 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 resolution authorizing the Mayor to sign the lease agreement with the State Fair. Sample Motion Move to approve the resolution authorizing the Mayor to sign a lease agreement with the Ne State Fair to allow parking on City owned property during the State Fair. C:\Documents and Settings\larryc\Local Settings\Temporary Internet Files\OLK67\WATERPARKLEASE.dwg, 8/17/2011 4:25:51 PM, Acrobat PDFWriter LEASE AGREEMENT This Lease Agreement is made and entered into as of the _____ day of ___________, 2011, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation (the "City"), as the “Lessor”, and the NEBRASKA STATE FAIR BOARD, f/k/a THE NEBRASKA STATE BOARD OF AGRICULTURE, A Private Corporation established under the authority of Nebraska Revised Statutes §2-101 and an instrumentality serving the State of Nebraska and its citizens under the terms provided for in Nebraska Revised Statutes, Article I of Chapter 2, as the "Lessee". Lessor and Lessee each may be referred to herein as the "party" and jointly referred to herein as the "parties". WITNESSETH: I. That, in consideration of the covenants herein contained on the part of the Lessee to be observed and performed, the Lessor does hereby demise and lease unto the Lessee all that tract and parcel of land directly south of the Island Oasis and City Fire Station #1 properties, excluding all the property surrounding the Nebraska Law Enforcement Memorial, further described in the drawing attached herein, located in the City of Grand Island, Hall County, Nebraska. II. To have and to hold said premises unto Lessee for a term of five (5) years, which can be renewed by agreement of the parties in writing. It is expressly understood and agreed by and between the parties that either party shall have the absolute right to provide to the other party ninety (90) days written notice to terminate the lease without any cause, at any time during the lease term. The property is to be used by Lessee for parking and shall be occupied only during the operating days of the Nebraska State Fair, with said dates to be provided by Lessee to the Lessor sixty (60) days prior to any occupancy. III. Lessee shall not perform any alterations or modifications to the property without the express written consent of the Lessor. IV. The Lessee further covenants that it shall remove all trash, debris, and refuse from the area that it occupies and keep it clean and free from all refuse throughout the term of the lease. 2 The Lessee shall maintain and provide for trash receptacles and control during the time of the State Fair included in the dates that it provided above for its occupancy of the property. V. The Lessee shall provide a comprehensive general public liability insurance policy in the amount of at least Five Hundred Thousand Dollars ($500,000) for one person or One Million Dollars ($1,000,000) for any one accident involving injury to more than one person, and property damage of not less than Two Hundred Fifty Thousand ($250,000) for any one accident. The Lessee shall list the Lessor as an additional insured on its general public liability insurance policy. VI. The Lessee shall pay rent in the sum of One Dollar ($1.00) per year payable on the 1st day of August, 2010. VII. The Lessee will not allow for any liens or encumbrances to be placed upon the property or any improvements of the Lessor. VIII. The Lessee will not make or suffer any unlawful, improper, or offensive use of the premises, or any use or occupancy thereof contrary to any law of the state or any ordinance of the City now, or hereafter made, or which shall be injurious to any person or property, or which shall be liable to endanger or effect any insurance on the property except such as Lessor shall in writing approve. IX. The Lessee shall not assign, sublet, or part with the possession of the whole or any part of the leased premises without first obtaining the written consent of the Lessor. X. At the expiration of said term, the Lessee will peaceably yield up to the Lessor the premises, in good repair in all respects, and provide for the appropriate grass/sod or ground cover to be restored to the satisfaction of the Lessor. XI. No consent, express or implied, by the Lessor to any breach of any of the Lessee's covenants shall be deemed to be a waiver of any succeeding breach of the same or any other covenant. 3 XII. Lessee agrees that it will not discriminate against any emplo yee or applicant for employment to be employed in the performance of this Lease Agreement, with respect to his/her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to the employment because of his/her race, color, religion, national origin or ancestry. The Lessee further agrees to maintain a drug-free environment at all times. Breach of this covenant may be regarded as a material breach of the Lease Agreement. XIII. Lessee agrees that it shall be responsible for all landscape maintenance, including all mowing. Lessee agrees and understands that Lessee is responsible to maintain the premises in order to comply with City Code §17-50. Any landscaping modifications may be performed by Lessee upon obtaining written consent from the Director of the Parks and Recreation Department for the City of Grand Island. XIV. The Lessee agrees to indemnify the Lessor for any claim made by the Lessee's employees or by any other persons, for personal injury or property damage arising out of the Lessee's use of the premises during the term of this lease and since the date of its occupancy of the premises which may have preceded the commencement of this Lease Agreement. Lessee agrees not to remove any soil from the Lessor's premises except as authorized in writing by the Lessor. XV. Before exercising any remedies for breach, default, or failure to perform under this Lease Agreement, the defaulting party shall be given thirty (30) days written notice of such default or failure to perform. If the act is such that it cannot be cured within a thirty (30) day period, this period may be extended upon written agreement of the parties providing that the defaulting party commences to cure such default within said thirty (30) day period and proceeds diligently thereafter to effect such cure. IN WITNESS WHEREOF, the parties hereto hereby agree to execute this Lease Agreement as of the day and year first written above. Attest: CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, Lessor ________________________________ By:___________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) 4 The foregoing instrument was acknowledged before me this ____ day of ________________, 2011, by Mayor of Grand Island, on behalf of the City of Grand Island, Nebraska, a municipal corporation. __________________________________________________ Notary Public NEBRASKA STATE FAIR BOARD, f/k/a THE NBRASKA STATE BOARD OF AGRICULTURE, A Private Corporation By:_______________________________________ ______________________________ Its ____________________________ STATE OF NEBRASKA ) ) SS. COUNTY OF HA LL ) The foregoing instrument was acknowledged before me this _____ day of ___________________, 2010, by ________________________________, _______________________ of the Nebraska State Fair Board. __________________________________________________ Notary Public Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-222 WHEREAS, the City of Grand Island is the owner of approximately 12 acre tract of land located south of Island Oasis Water Park and south of Fire Station #1; and WHEREAS, the Nebraska State Fair has relocated to Grand Island, Nebraska; and WHEREAS, parking is required for guests visiting the State Fair; and WHEREAS, the Nebraska State Fair has asked to use the city owned property for parking during the State Fair. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City owned property located south of Island Oasis Water Park and Fire Station #1 excluding the Law Enforcement Memorial site be leased to the State Fair per the terms of the lease agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 Approval of Appointments to Redistricting Committee Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: August 23, 2011 Subject: Redistricting Council Wards Based on 2010 Census Results Item #’s: G-13 Presenter(s): Chad Nabity Background Every 10 years, following the U.S. Census of Population and Housing governments at all levels have the responsibility to examine their voting districts to ensure that our representative form of government is equa lly representing the citizens. Mayor Jay Vavricek is recommending the creation of a committee to revie w the existing boundaries and make recommendations to Council regarding potential changes. The charge of this committee is to examine the existing City Council ward boundaries and to make a recommendation to the City Council about redrawing these boundaries to best equalize the population in each ward based on data provided by the 2010 U.S. Census of Population and Housing. In a representative democracy each member of the legislative body (City Council) should represent approximately the same number of people in the community to preserve the concept of equality (one person one vote.) In reality, it is acceptable for each ward to contain the ideal number of people plus or minus ten percent. Discussion Based on the 2010 Census each ward would ideally represent 9,704 people. The Census counts people, not voters so districts need to be divided by people. Another reason to count people instead of voters is to insure that children are equally represented. They are a constituency that is entitled to representation but without the ability to vote. The population of the wards as currently drawn is as follows: Ward 1 10,743 Ward 2 9,432 Ward 3 8,949 Ward 4 10,012 Ward 5 9,374 The courts have determined that district boundaries need to be redrawn when the population difference is 10 percent greater or less than the ideal number. In Grand Island for 2010 this means, that all wards must have at least 8,734 and no more than 10,674. As shown above only Ward 1 is outside of those parameters and in need of adjus tment, but the Committee will have the option to make adjustments to all of the wards. Grand Island City staff will work with the Committee using the Hall County/Grand Island Geographic Information System (GIS) to manipulate the ward boundaries and calculate the population in each ward. The Mayor has contacted a number of people representing a variety of constituencies and is recommending that the following people be appointed to the Committee: Hall County Republican Designee Jerry Piccollo Hall County Democrat Designee Glen Murray Hall County Independent Designee Gary Rosacker Community Youth Council Member Alex Wirth Community Youth Council Member Ashley Bykerk City Council Representative Bob Niemann City Council Representative Linna Dee Donaldson At Large Community Representative Anita Lewandowski Brown Staff Member (Chairman) Chad Nabity The members of this committee will serve until Council approves ward boundaries consistent with the 2010 Census of Housing and Population. It is expected that the Committee will have their recommendations prepared for Council no later than October 14th. 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 appointments. Sample Motion Move to approve the appointments to the Redistricting Committee as submitted. Item H1 Consideration of Request from Nebraska State Fair for Modification to Conditional Use Permit for Recreational Vehicle Camper Site at Fonner Park Tuesday, August 23, 2011 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: August 23, 2011 Subject: Request of the Nebraska State Fair for Modifications to the Conditional Use Permit Granted on June 8, 2010 and Revised on August 10, 2010. The Modifications Delay Improvements Provided for a Recreational Vehicle Camper Site at the Fonner Park Facility at 700E Stolley Park Road Item #’s: H-1 Presenter(s): Craig Lewis , Building Department Director Background This is a request for approval to allow for modifications to the construction schedule of a recreational vehicle camper site at Fonner Park, in the northeast corner adjacent to Fonner Road and Stuhr Road. The current zoning classification of the site is B-2, a general business zone, which requires campgrounds to come before the City Council and receive approval in the form of a conditional use permit. Approval was granted by the City Council on June 8, 2010 and modified at the request of the applicant on August 10, 2010. The modifications were to allow for any of the proposed 211 spaces that did not have the utility connections completed to be primitive sites for the 2010 State Fair. This request is to allow for the continued operation of the recreational vehicle camper site for the fair year of 2011 and not provide the improvements originally proposed. It appears that the utility connections will only be complete to approximately 100 of the 211 spaces and no parking pads will be completed. Discussion The City code provides for campgrounds with the following conditions specified in the code; 36-69 (B) 2. (a) Developer shall submit a diagram of the proposed camp ground including a plot plan of the pads, landscaping plan, utility plan and interior street plan with the application for a conditional use permit. (b) A minimum of one toilet and one lavatory for each sex shall be provided for the exclusive use of the park occupants. An additional toilet and lavatory for each sex shall be provided for each fifteen (15) sites or fraction thereof. (c) All RV pads shall be provided with a landscape buffer yard as identified in the landscaping section of this code. (d) Pads shall not be accessible from any public way. Additionally section 36-6 Definitions, require Recreational Vehicle Pads: a space for parking a recreational vehicle within a campground or other allowed place consisting of no less than 800 square feet with a minimum width of 12 feet. Improvements included within the pad space include 1 hard surfaced improved parking space of not less than 180 square feet (20x9 or 18x10) and 2 hard surfaced improved parallel tire pads of not less than 2.5 feet by 24 feet. The original application was submitted with drawings attached to show the concepts for the design of a 211 space camper site. The drawings provided a picture of the proposal and some of the basic requirements; they additionally identified a phased concept for the required improvements. That phasing did not include any improved pads for the first year and proposes the following schedule for improved pads the following years; 52 -- 2011 59 -- 2012 50 -- 2013 50 -- 2014 The proposed plan also identified toilet and lavatory facilities for the park at a future time but failed to indentify the date for tho se improvements or the number of fixtures proposed. A landscaping plan was provided and is currently completed. The proposed camper pads appeared to meet the required square footage of concrete but the usability of the spaces was extremely questionable as the pads were 12’ wide and 37’ in length. A typical truck of 20’ in length and a 24’ long camper would overhang the pad by a considerable amount, it appears the pad would provide for either the camper or the vehicle but not both. Revisions for lengthening the pads to 42’ were submitted on October 13, 2010. Additional conditions placed on the approval for Recreational Vehicle Camper Sites were; 1) All interior roads and streets shall be improved to the design standards as identified in section 36-96(G), permanent, dust-free like asphalt, concrete or paving brick. 2) Annual inspection shall be conducted by the Building Department to check compliance with City Codes, conditions imposed, and adopted building, plumbing, electrical, and fire codes. 3) A 90 day time limit on the maximum allowable stay shall be imposed on all recreational vehicles and campers in the camp ground. No RV shall be allowed to remain longer than a 90 day consecutive period. 4) The size of any propane tank or other fuel container shall be limited to original equipment supplied by the manufacture, no additional or external tanks shall be permitted. 5) No skirting of any kind shall be allowed to be utilized with any recreational vehicle or camper within the camp grounds. The original approval was specifically for the State Fair event in 2010 and as such the use was limited to the State Fair only until such time as all of the required improvements and conditions established by the City Council were completed. The modification approved in August of 2010 allowed for any of the remaining spaces not provided utility connections to be allowed primitive for the 2010 fair year. This year it appears that approval is needed to allow for approximately ½ of the sites to be without electrical service, none of the required parking pads to be installed, and the five restroom and shower facilities available, deemed adequate, less than the 28 originally required. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request, finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2. Disapprove or /Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3. Approve the request with additional or revised conditions and a finding of fact. 4. Refer the matter to a special committee for a determination of a finding of fact. Recommendation Approve the request to modify the conditional use permit for the recreational vehicle camper site with the conditions as previously approved and presented at the City Council meeting, and allow for the continue development of plans for construction finding that the proposed use and application promotes the health, safety, and general welfare of the community, protect property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. After this year of operation the park shall provide all the required improvements for each subsequent year based on the number of improved parking pads in the identified schedule. The restroom facilities shall be provided for the number of improved pads in each subsequent year. Sample Motion Move to approve the request for modifications to the conditional use permit for the campground as identified in this memorandum and with the conditions identified in the previous approvals and presented at the City Council meeting and finding that the application conforms to the purpose of the zoning regulations. Item I1 #2011-223 - Approving Amendment to the Redevelopment Plan for Property Located at 213 N. Ruby Avenue This item relates to the aforementioned Public Hearing item E-1. Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-223 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 6 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: Acquisition and Demolition of a dilapidated single family home and the subsequent rebuilding of a duplex housing unit at 213 N. Ruby (Lot 8 Block 31 of Packer and Barr’s Second Addition to the City of Grand Island). All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: - 2 - 1. The Redevelopment Plan of the City approved for Redevelopment Area No. 6 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission with respect to the Redevelopment Contract. 2. Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall be January 1, 2012 as follows: a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c. The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. - 3 - 4. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-224 - Approving Amendment to the Redevelopment Plan for Property Located at 1822 West 13th Street This item relates to the aforementioned Public Hearing item E-2. Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-224 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 6 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: Acquisition and Demolition of a dilapidated single family home and the subsequent rebuilding of a duplex housing unit at 1822 W 13th Street (Lot 267 and Lot 268 of West Lawn Addition to the City of Grand Island). All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: - 2 - 1. The Redevelopment Plan of the City approved for Redevelopment Area No. 6 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission with respect to the Redevelopment Contract. 2. Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall be January 1, 2012 as follows: a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c. The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. - 3 - 4. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2011-225 - Approving the Wayside Horn Agreement between the Union Pacific Railroad Company and the City of Grand Island Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, Public Works Project Manager Meeting: August 23, 2011 Subject: Approving the Wayside Horn Agreement between the Union Pacific Railroad Company and the City of Grand Island Item #’s: I-3 Presenter(s): John Collins, Public Works Director Scott Griepenstroh, Public Works Project Manager Background The purpose of the Grand Island Quiet Zone Improvement Project, Phase I is to construct improvements at the Union Pacific Railroad (UPRR) crossings at Oak Street, Pine Street, Walnut Street and Elm Street so that train horns will not need to be activated for these crossings. “Silent” crossings will be created at Oak Street and Pine Street by constructing concrete medians and concrete curb to narrow the streets at the crossing approaches. Walnut Street will have a Wayside Horn System installed and concrete curb will be constructed to narrow the street. The crossing at Elm Street will be closed after improvements are completed at the other crossings. Discussion Prior to commencing with construction of the Wayside Horn System at the Walnut Street Crossing, the City of Grand Island is required to enter into the Wayside Horn agreement with UPRR. The agreement stipulates responsibilities and obligations of the City with respect to the work associated with engineering, design, construction, installation, interconnectivity, operation, and maintenance of the Wayside Horn System and the Quiet Zone Improvement Project. The City shall install, own and maintain the Wayside Horn System and all parts and components thereof and any interconnecting cables provided for interconnection and all confirmation indicators at the crossing. The City will also be responsible for all costs associated with the installation, maintenance and testing of the interconnection equipment with the Railroad’s crossing signal system. The City will require its Contractor to execute and comply with the Right of Entry Agreement, Exhibit B, and to abide by the insurance coverage requirements. The City is required to maintain RR Protective Liability Insurance for installation, operations and maintenance of the Wayside Horn System as per Exhibit F to the Wayside Horn Agreement. Public Works is currently acquiring permits from UPRR for installation of conduit under the railroad tracks for cable for the Wayside Horn System. The City’s consultant, Felsburg, Holt and Ullevig, recently completed the plans and specifications for the Grand Island Quiet Zones Improvement Project. Public Works is currently seeking bids for construction. Construction is planned for completion in late spring of 2012. 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 Council approve the resolution authorizing the Mayor to sign the Wayside Horn Agreement between the Union Pacific Railroad Company and the City of Grand Island. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-225 WHEREAS, prior to commencing with construction of the Wayside Horn System at the Walnut Street Crossing the City of Grand Island is required to enter into an agreement with the Union Pacific Railroad; and WHEREAS, the agreement stipulates responsibilities and obligations of the City with respect to the work associated with engineering, design, construction, installation, interconnectivity, operation and maintenance of the Wayside Horn System and the Quiet Zone Improvement Project; and WHEREAS, the City shall install, own and maintain the Wayside Horn System and all parts and components thereof, as well as any interconnecting cables provided for interconnection and all confirmation indicators at the crossing, and WHEREAS, the City will be responsible for all costs associated with the installation, maintenance and testing of the interconnection equipment with the Railroad’s crossing signal system; and WHEREAS, the Council has reviewed the agreement and has determined that it is in its best interest to enter into the agreement in the attached form. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to sign the attached Wayside Horn Agreement between the City of Grand Island and the Union Pacific Railroad Company. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2011-226 - Approving Design Detail with HDR for Uranium Removal Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Tim Luchsinger, Utilities Director Jason Eley, Asst. City Attorney/Purchasing Meeting: August 23, 2011 Subject: Approving Design Detail with HDR Engineering, Inc., for Uranium Removal - Task Order No. 2 Item #’s: I-4 Presenter(s): Tim Luchsinger, Utilities Director Background The Utilities Department was authorized by Council on February 22, 2011, to proceed with the procurement and installation of the large-scale pilot uranium removal system at the City’s Platte River Well Field. Specifications for the Uranium Removal System - Equipment Procurement were advertised and issued for bid, and a contract for this system was awarded to Water Remediation Technologies (WRT), LLC, of Wheat Ridge, Colorado, by Council on July 26, 2011. In order to proceed with the installation of this equipment, the City’s consultant for this project, HDR Engineering, was directed to provide a proposal for the detailed engineering required to complete the project. This detailed engineering proposal is in accordance with the engineering services agreement entered into with HDR for the original uranium treatment evaluation, which continued with engineering services for the procurement of the uranium removal system. Detailed engineering services include preparation of specifications for bidding of a new building and foundations, underground piping, well modifications, and installation of the uranium removal equipment. It also includes project coordination with WRT, and assisting with review of the project with Nebraska Health and Human Services for their final approval. A copy of Exhibit A - Task Order No. 2 – Uranium Removal Water Treatment Plant is attached. Discussion The engineering services agreement with HDR was designed to define a study of uranium treatment or removal options and provide a method for continuing engineering services for the study’s unknown or undefined solutions and allow continuity for efficient completion of the project. The proposal received from HDR for detailed engineering services was estimated at $111,728. The estimate is arrived at by a breakdown of man- hours required for the task items and will be billed at actual costs not to exceed $111,728. Department engineering management staff has reviewed this proposal and find it to be in accordance with the expected engineering effort and for engineering services of this type of work. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the proposal of HDR Engineering, Inc. of Lincoln, Nebraska for Uranium Removal Water Plant – Task Order No. 2, in the estimated amount not to exceed $111,728. Sample Motion Move to approve the proposal of HDR Engineering, Inc. of Lincoln, Nebraska for Uranium Removal Water Plant – Task Order No. 2. Approved as to Form ¤ ___________ August 19, 2011 ¤ City Attorney R E S O L U T I O N 2011-226 WHEREAS, at the October 27, 2009 Council approved the proposal from HDR Engineering, of Lincoln, Nebraska for Uranium Removal Methods Evaluation Engineering Services; and WHEREAS at the August 10, 2010 Council meeting, the Utilities Department was authorized to proceed with the procurement and installation of a large-scale pilot uranium removal system at the City’s Platte River Well Field; and WHEREAS, a contract for this uranium removal system equipment was awarded to Water Remediation Technologies, LLC of Wheat Ridge, Colorado, by Council on July 26, 2011 and WHEREAS, in order to proceed with the installation, the City’s consultant for the project, HDR Engineering, was directed to provide a proposal for detailed engineering required to complete the project; and WHEREAS, this detailed engineering proposal is in accordance with the engineering services agreement entered in to with HDR for the original uranium treatment evaluation; and WHEREAS, the engineering services agreement with HDR was designed to define a study of uranium treatment or removal options and provide a method for continuity for efficient completion of the project; and WHEREAS; the proposal received from HDR for detailed engineering services – Task Order No. 2, will be billed at actual costs not to exceed $111,728. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Task Order No. 2, from HDR Engineering, Inc., of Lincoln, Nebraska, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 23, 2011. _______________________________________ Jay Vavricek, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of August 10, 2011 through August 23, 2011 The Claims for the period of August 10, 2011 through August 23, 2011 for a total amount of $4,329,644.42. A MOTION is in order. Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item X1 Review and Approval of Proposed FY 2011-2012 City Single Budget (Continued) Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item X2 Update Concerning Union Negotiations The City Council may vote to go into Executive Session as required by State law to discuss IBEW (Service/Clerical) Union Negotiations for the protection of the public interest. Tuesday, August 23, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council