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05-28-2013 City Council Regular Meeting Packet City of Grand Island Tuesday, May 28, 2013 Council Session Packet City Council: Linna Dee Donaldson Scott Dugan John Gericke Peg Gilbert Chuck Haase Julie Hehnke Vaughn Minton Mitchell Nickerson Bob Niemann Mike Paulick Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 5/28/2013 Page 1 / 234 City of Grand Island Tuesday, May 28, 2013 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Sylvia Karlsson, St. Pauls Lutheran Church, 1515 South Harrison Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 5/28/2013 Page 2 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item C-1 Proclamation “Pandemic 2013 - Zombies in the Heartland” May 31 – June 2, 2013 Coming to the Grand Island Heartland Public Shooting Park the weekend of May 31 thru June 2, 2013 will be the second Pandemic 2013 Zombies in the Heartland event. This event is an action packed 3-gun shooting event where individuals from all over the United States will use handguns, shotguns, and rifles to engage in zombie themed targets. The Mayor has proclaimed May 31 - June 2, 2013 as "Pandemic 2013 Zombie Week". See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 5/28/2013 Page 3 / 234 Grand Island Council Session - 5/28/2013 Page 4 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item C-2 Proclamation “Tourism Recognition Month” May 2013 Travel and tourism are extremely important to the community of Grand Island in terms of revenues generated, and because the travel and tourism industry contributes to the employment, economic prosperity, international trade, relations and peace, understanding, and goodwill. Mayor Vavricek in conjunction with the Hall County Convention and Visitors Bureau, has proclaimed the month of May, 2013 as "Tourism Recognition Month". See attached PROCLAMATION. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 5/28/2013 Page 5 / 234 Grand Island Council Session - 5/28/2013 Page 6 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item E-1 Public Hearing on Request from Besi and Zeki, LLC dba Napoli’s Italian Restaurant, 3421 Conestoga Drive for a Class “I” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 5/28/2013 Page 7 / 234 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 28, 2013 Subject:Public Hearing on Request from Besi and Zeki, LLC dba Napoli’s Italian Restaurant, 3421 Conestoga Drive for a Class “I” Liquor License Item #’s:E-1 & I-1 Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Besi and Zeki, LLC dba Napoli’s Italian Restaurant, 3421 Conestoga Drive has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Grand Island Council Session - 5/28/2013 Page 8 / 234 Also submitted with the application was a request from Florim Ramadani, 5011 Starling Drive, Lincoln, NE for a Liquor Manager Designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Besi and Zeki, LLC dba Napoli’s Italian Restaurant, 3421 Conetoga Drive for a Class “I” Liquor License contingent upon final inspections and Manager Designation for Florim Ramadani, 5011 Starling Drive, Lincoln, NE contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 5/28/2013 Page 9 / 234 05/14/13 Grand Island Police Department 450 15:19 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 08:30:00 05/01/2013 Date disposition declared : 05/02/2013 Incident number : L13050187 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 3421 Conestoga Dr State abbreviation : NE ZIP Code : 68803 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 : 18361 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 184643 05/13/13 Petro, Zee Employee/Translate NM 184540 05/08/13 Shala, Zejnepe Besim's Wife NM 164546 05/07/13 Ramadani, Florim Liquor Manager NM 184526 05/07/13 Shala, Besim Owner NM 167890 05/02/13 Napoli's, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant Grand Island Council Session - 5/28/2013 Page 10 / 234 LAW INCIDENT NARRATIVE: Napoli's is Changing Ownership and Florim Ramadani is Applying for the Liquor Manager Position. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama 1 AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 318 Grand Island Police Department Supplemental Report Date, Time: Tue May 07 14:57:06 CDT 2013 Reporting Officer: Vitera Unit- CID Napoli's is changing ownership. Besim Shala is buying the business and applying for a new Class I (beer, wine, distilled spirits, on sale only) LLC retail liquor license. He also applied for a Temporary Operating Permit (TOP). Besim and his wife (Zejnepe Shala) are the only two listed on the application. Florim Ramadani is applying to be the liquor manager. Florim's wife (Syzane Mehmeti) is also on the application. Zejnepe and Syzane each signed a Spousal Affidavit of Non-Participation. While reviewing the liquor license application, I noticed that Besim and Zejnepe didn't disclose any criminal convictions, and the prior owner of Napoli's (George Plaku) is financing Besim. Part of the application asks the applicant to list his residences for the last ten years. Besim stated the he lived in Kosovo from 1974-2006; Enid, OK from 2006-2012; Yukon, OK from 2012-2013; and Grand Island from 2013 until the present. Another question on the application asks if the applicant has been a part of any other liquor license in Nebraska or any other state. Besim listed a restaurant in Kansas and a restaurant in Oklahoma. I checked Spillman and NCJIS for Besim and Zejnepe. Neither one of them were in Spillman. Zejnepe was not in NCJIS. Besim had one entry in NCJIS. It looks like he was stopped by NSP on 3/13/13 for a headlight violation. It shows a Texas driver's license number which is odd since Besim listed his past residences in Oklahoma and a restaurant in Kansas. Grand Island Council Session - 5/28/2013 Page 11 / 234 I also checked Besim and Zejnepe for warrants and driver's license status through Texas, Oklahoma, and Kansas. I found that neither one of them have any outstanding arrest warrants. Besim has a Texas driver's license which shows one speeding conviction in Texas. Zejnepe has a valid Oklahoma driver's license. I checked them both through ICE and was advised that Besim is a Legal Permanent Resident, and Zejnepe is a Naturalized Citizen. I checked them through an online law enforcement database and didn't come up with anything out of the ordinary other than it showed a past residence for the Shala's in Dallas, Texas. I did a general search for Besim Shala on the Internet, but there were too many to narrow down. I also called law enforcement in the three Oklahoma cities listed on the application. I went through the records department in each city. Yukon didn't have any record of the Shala's. Enid advised that Besim had been stopped three times for traffic violations. He was cited once for speeding and no insurance, cited another time for speeding, and cited for a seatbelt violation. Enid didn't have any record of Zejnepe. I'm still waiting to hear back from Oklahoma City. I contacted the Alcoholic Beverage Laws Enforcement Commission (ABLE) in Oklahoma and was told that Besim Shala operated the Bella Italia Restaurant in Bethany, OK for one year and didn't have any liquor law violations. I also called the Kansas Department of Revenue Alcoholic Beverage Control (ABC) and learned that Besim only had a liquor license for two months in Salina, KS at a restaurant called Venezia. There were no violations there either. After reviewing the liquor license application, I looked over the liquor manager application for Florim Ramadani. I did an investigation on Napoli's when it first opened. Florim was the liquor manager at that time in 2011 and then again when it changed ownership in 2012. I did not find anything on the prior two investigations that would have precluded Florim from being the liquor manager. At this time, I don't see any additional local or state criminal history that would contradict my prior investigations. The only thing that concerns me a little bit is the fact that Florim moved to Lincoln and is managing a restaurant there called Florio's. Also, Napoli's in Grand Island had two separate sales to minors in 2012. On 5/10/13, I met with Besim at Napoli's. Besim speaks English, but he had an employee (Zee Petro) sit in just in case we needed translation. I went over the application with Besim and asked him about being convicted of charges. Besim advised that he has received two or three tickets in his lifetime but nothing more serious than that. He also said that he doesn't have any criminal history in Europe either. Besim didn't think that Zejnepe had ever been cited for anything. Besim received his TOP. He advised that he is also buying the Napoli's in Hastings. Besim is not related to George Plaku. They became friends when they each lived in Kansas. I also asked Besim to explain why he had a Grand Island Council Session - 5/28/2013 Page 12 / 234 Texas driver's license but never listed anywhere in Texas as a residence. Besim said when he arrived in the United States from Kosovo, Dallas, Texas is where he entered. Besim obtained a driver's license and temporary living arrangements, but he only stayed in Texas for a few weeks. Besim operated a restaurant in Kansas with a liquor license for a couple of months, but it was not successful. He also had a restaurant in Oklahoma with a liquor license for about one year. During that time, he was negotiating with George Plaku to buy his restaurants in Grand Island and Hastings. The last thing we discussed is why he has Florim as his liquor manager when Florim runs a restaurant in Lincoln and is the liquor manager there. Besim said he can't be the manager because he is not a citizen of the United States. After school lets out for the Summer, Zejnepe and the rest of the family will move to Grand Island from Oklahoma. Besim anticipates Zejnepe being the liquor manager. If that's the case, Zejnepe will have to contact the NLCC and rescind her Spousal Affidavit of Non- Participation agreement. All in all, the Grand Island Police Department does not have any objection to Besim Shala receiving a liquor license for Napoli's or to Florim Ramadani being the liquor manager. Grand Island Council Session - 5/28/2013 Page 13 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item E-2 Public Hearing on Request from Sunrise Restaurants, LLC dba Denny’s, 3333 Ramada Road for an Addition to Class “I-98966” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 5/28/2013 Page 14 / 234 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 28, 2013 Subject:Public Hearing on Request from Sunrise Restaurants, LLC dba Denny’s, 3333 Ramada Road for an Addition to Class “I-98966” Liquor License Item #’s:E-2 & I-2 Presenter(s):RaNae Edwards, City Clerk Background Sunrise Restaurants, LLC dba Denny’s, 3333 Ramada Road has submitted an application for an addition to their Class “I-98966” Liquor License. The request includes the addition on the liquor license to include the Howard Johnson Riverside Inn & Conference Center, approximately 103’ x 76’. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, and Health Departments. Currently their license covers the lounge and restaurant areas. They are requesting to extend their license to cover the Howard Johnson Convention Center as well as the public areas of the hotel. Plans for renovation are being pursued at this time in order to meet City Code building regulations and safety requirements. Staff is recommending approval contingent upon completing the installation of emergency egress windows and submission of a concept plan for code compliance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. Grand Island Council Session - 5/28/2013 Page 15 / 234 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application contingent upon completing the installation of emergency egress windows and submission of a concept plan for code compliance. Sample Motion Move to approve the application for an addition to Sunrise Restaurants, LLC dba Denny’s, 3333 Ramada Road Liquor License “I-98966” contingent upon completing the installation of emergency egress windows and submission of a concept plan for code compliance. Grand Island Council Session - 5/28/2013 Page 16 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item E-3 Public Hearing on Request to Rezone Property Located South of Capital Avenue West of the Moore’s Creek Drainway from RD Residential Development to Amended RD Residential Development Zone Staff Contact: Chad Nabity Grand Island Council Session - 5/28/2013 Page 17 / 234 Council Agenda Memo From:Regional Planning Commission Meeting:May 28, 2013 Subject:Rezone Properties Located West of US Hwy 281 and South of Capital Avenue from RD Residential Developmental Zone to Amended RD Residential Developmental Zone Item #’s:E-3 & F-2 Presenter(s):Chad Nabity AICP, Regional Planning Director Background Concerning a request to rezone Sterling Estates 2nd Subdivision and amend the approved development plan for the RD zone. The requested amendment would permit the construction of 5 additional detached garage buildings in conjunction with the first phase of the development. Discussion At the regular meeting of the Regional Planning Commission, held May 1, 2013 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity explained this was a request to rezone approximately 13.79 acres of land located west of US Hwy 281 and south of Capital Ave. From RD to Amended RD Zone to allow the developers to add 5 more garages to the development plan adjacent to the apartment buildings. There was no other discussion. O’Neill closed the Public Hearing. A motion was made by McCarty and seconded by Reynolds to approve the rezone from RD Residential Developmental to Amended RD Residential Developmental Zone. Grand Island Council Session - 5/28/2013 Page 18 / 234 A roll call vote was taken and the motion passed with 7 members present and 7 voting in favor (McCarty, Reynolds, Ruge, O’Neill, Hayes, Bredthauer and Snodgrass) and no one present voting against. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended and authorize the City Clerk to file an amended development plan with the Hall County Register of Deeds. Sample Motion Move to approve the rezone request for property. Grand Island Council Session - 5/28/2013 Page 19 / 234 New garages are shown in blue next to the approved buildings in a north south configuration. Grand Island Council Session - 5/28/2013 Page 20 / 234 Grand Island Council Session - 5/28/2013 Page 21 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item E-4 Public Hearing Concerning the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Review Committee on the Economic Development Program Plan Staff Contact: Ann Martin, Chair of the GIAEDC Grand Island Council Session - 5/28/2013 Page 22 / 234 Council Agenda Memo From:Mary Lou Brown, City Administrator Meeting:May 28, 2013 Subject:Public Hearing Concerning the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Review Committee on the Economic Development Program Plan Item #’s:E-4 & G-5 Presenter(s):Ann Martin, Chair of the Grand Island Economic Development Board of Trustees Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens’ Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizens’ Advisory Review Committee is required by State Statute and the Grand Island City Code to make an annual report to the City Council. Discussion The Citizens’ Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee looks forward to receiving and reviewing meritorious applications for consideration in the future. The committee received the semi-annual report from the Economic Development Corporation at its meeting of May 21, 2013 and voted to forward it on to the City Council for its review and acceptance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Accept the annual report of the Citizens’’ Advisory Review Committee. Grand Island Council Session - 5/28/2013 Page 23 / 234 2.Do not accept the annual report of the Citizens’’ Advisory Review Committee. Grand Island Council Session - 5/28/2013 Page 24 / 234 Recommendation City Administration recommends that the Council accept the annual report of the Citizens’ Advisory Review Committee. Sample Motion Move to accept the annual report of the Citizens’ Advisory Review Committee. Grand Island Council Session - 5/28/2013 Page 25 / 234 Grand Island Council Session - 5/28/2013 Page 26 / 234 Grand Island Council Session - 5/28/2013 Page 27 / 234 Grand Island Council Session - 5/28/2013 Page 28 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item E-5 Public Hearing on Acquisition of Public Right-of-Way in Summerfield Estates 5th Subdivision (Little B’s Corporation) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/28/2013 Page 29 / 234 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:May 28, 2013 Subject:Public Hearing on Acquisition of Public Right-of-Way in Summerfield Estates 5th Subdivision (Little B’s Corporation) Item #’s:E-5 & G-8 Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. The developer of Summerfield Estates 5th Subdivision, Little B’s Corporation, has offered the dedication of public right-of-way to allow realignment of roadway to conform to the revised preliminary plat. Discussion To allow for development of Lot Six (6), Block One (1) and Lot Eight (8), Block Two (2) of Summerfield Estates 5th Subdivision it is requested that a portion of each lot be dedicated to the City as public right-of-way (see attached sketches). Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 5/28/2013 Page 30 / 234 Recommendation City Administration recommends that the Council conduct a Public Hearing and approved acquisition of the public right-of-way. Sample Motion Move to conduct a Public Hearing and approve the acquisition of the public right-of-way. Grand Island Council Session - 5/28/2013 Page 31 / 234 - 1 - PUBLIC RIGHT-OF-WAY LITTLE B’S CORPORATION, a Nebraska Corporation, herein called the Grantor, in consideration of ONE DOLLAR ($1.00) and other consideration, receipt of which is hereby acknowledged, hereby grants and conveys unto the CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation in Hall County, State of Nebraska, herein called the Grantee, a permanent and perpetual public right-of-way to construct, operate, maintain, extend, repair, replace, and remove public utilities, including but not limited to, sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, surface markers, and other appurtenances, upon, over, along, across, in, underneath and through a tract of land comprising a part of Summerfield Estates 5th Subdivision, in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: • THIS SPACE RESERVED FOR REGISTER OF DEEDS • Grand Island Council Session - 5/28/2013 Page 32 / 234 - 2 - A TRACT OF LAND CONSISTING OF PART OF LOT 6, BLOCK 1 OF SUMMERFIELD ESTATES 5TH SUBDIVISION, LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER (W ½, SW ¼) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 6, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF WARBLER ROAD AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N89 51’51”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 37.08 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 34 27’31”, AN ARC LENGTH OF 21.05 FEET, A RADIUS OF 35.00 FEET AND A CHORD BEARING N72 54’24”E FOR A DISTANCE OF 20.73 TO A POINT OF REVERSE CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 18 19’43”, AN ARC LENGTH OF 19.19 FEET, A RADIUS OF 60.00 FEET AND A CHORD BEARING N64 50’30”E FOR A DISTANCE OF 19.11 FEET TO A POINT ON THE EAST LINE OF SAID LOT 6; THENCE S00 08’09”W ALONG SAID EAST LINE A DISTANCE OF 14.31 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 225.44 SQUARE FEET MORE OR LESS. AND, A TRACT OF LAND CONSISTING OF PART OF LOT 8, BLOCK 2 OF SUMMERFIELD ESTATES 5TH SUBDIVISION, LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER (W ½, SW ¼) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S00 08’09”W ALONG THE EAST LINE OF SAID LOT 8 A DISTANCE OF 30.00 FEET; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 90 00’00”, AN ARC LENGTH OF 47.12 FEET, A RADIUS OF 30.00 FEET AND A CHORD BEARING N44 51’51”W FOR A DISTANCE OF 42.43 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 8, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF WARBLER ROAD; THENCE S89 51’51”E ALONG SAID SOUTH R.O.W. LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 193.14 SQUARE FEET MORE OR LESS. together with the following rights, namely, unrestricted ingress and egress under, over, and across such land for the purpose of exercising the rights herein granted, to excavate and refill ditches and trenches, and the right to clear and keep clear of trees, roots, brush, hedges, undergrowth, and other obstructions from the surface of such tracts interfering with the location, construction, inspection, Grand Island Council Session - 5/28/2013 Page 33 / 234 - 3 - repair, replacement, removal, and maintenance of such utilities. Any such utilities and appurtenances placed upon, over, and under such tracts of land shall remain the property of the Grantee and may be removed or replaced at any time. The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby covenant that no buildings, fences, or structures shall be erected or permitted on said tract and that the public right-of-way herein granted shall run with the title to such tract of land and be binding upon the Grantors, their successors and assigns. DATED: ________________, 2013 GRANTOR: LITTLE B’S CORPORATION A Nebraska Corporation BY_____________________________________ Greg Baxter, President STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On this day of ________________, 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared GREG BAXTER, PRESEIDENT, to me known to be the identical person who signed the foregoing Public Utilities Easement and acknowledges the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and Notarial Seal the date above written. _______________________________________ Notary Public Grand Island Council Session - 5/28/2013 Page 34 / 234 Grand Island Council Session - 5/28/2013 Page 35 / 234 Grand Island Council Session - 5/28/2013 Page 36 / 234 Grand Island Council Session - 5/28/2013 Page 37 / 234 Grand Island Council Session - 5/28/2013 Page 38 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item E-6 Public Hearing for Neighborhood Stabilization Program Income Reuse Program Staff Contact: Marco Floreani Grand Island Council Session - 5/28/2013 Page 39 / 234 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:May 28, 2013 Subject:Public Hearing for Neighborhood Stabilization Program Income Reuse Program Item #’s:E-6 & I-7 Presenter(s): Marco Floreani, Community Development Administrator Background The City of Grand Island’s Community Development Division will be administering Neighborhood Stabilization Program (NSP) Income Reuse Funds for local activities to demolish blighted structures and/or redevelop housing, and provide direct subsidies for purchase of a home by low-to-moderate income individuals or families. Program Income generally means gross income received by the City through the repayment of housing loans, sale of property, receipts from a sub-receipt or from a sub- recipient of the City that was generated from the use of NSP funds. Receipts generated from program income will be considered to be program income regardless of the number of times it may be reused. Program Income includes, but is not limited to: Payments of principal and/or interest on loans made using NSP funds. Proceeds from the disposition (by sale or long-term lease) of real property purchased or improved with NSP funds. Interest earned on program income pending its disposition. The City will be allowed general administration costs of up to four percent (4%) of all NSP Program Income expended during each fiscal year. Discussion Currently, the City has $583,603.15 of NSP generated program income to be allocated under the guidelines of the City of Grand Island Program Income Reuse Plan for Neighborhood Stabilization Program (NSP1). The program guidelines have been Grand Island Council Session - 5/28/2013 Page 40 / 234 reviewed and approved by the Nebraska Department of Economic Development and following an adoption by Council, the City would be permitted to release NSP Program Income and fund NSP1 eligible activities. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the Neighborhood Stabilization Program Income Reuse Program and authorize the Mayor to sign all related documents 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 adopts the Program Income Reuse Plan and authorizes the Mayor to sign all related documents. Sample Motion Move to approve the Neighborhood Stabilization Program grant application and authorize the Mayor to sign all related documents. Grand Island Council Session - 5/28/2013 Page 41 / 234 1 | Page PROGRAM INCOME REUSE PLAN for Neighborhood Stabilization Program (NSP1) (Community Development Block Grant) City of Grand Island, Nebraska PART I: Type of Plan Neighborhood Stabilization Program (NSP) Income Reuse Funds will be administered locally for activities that demolish blighted structures and/or redevelop housing located within NSP1 project area boundaries at the time closeout agreement with the Nebraska Department of Economic Development. Program Income generally means gross income received by the City through the repayment of housing loans, sale of property, and other miscellaneous receipts or from a sub-recipient of the City that was generated from the use of NSP funds. Receipts generated from program income will be considered to be program income regardless of the number of times it may be reused. Program Income includes, but is not limited to: payments of principal and/or interest on loans made using NSP funds. proceeds from the disposition (by sale or long-term lease) of real property purchased or improved with NSP funds. interest earned on program income pending its disposition. The City of Grand Island will provide program and fiscal management of Reuse Funds and meet semi- annual reporting requirements of the Department of Economic Development. General Administration: The Grantee will be allowed general administration costs of up to four percent (4%) of all NSP Program Income expended during each fiscal year. PART II: Goals and Objectives of the Plan Reuse Funds will be expended only for projects that meet identified National Objective(s) primarily benefiting low-and-moderate income persons (Table 1, Appendix A). Compliance with all NSP program requirements, certifications and assurances in using program income on deposit at the time the closeout agreement is signed and in using any other remaining NSP funds available for closeout costs and contingent liabilities. Local Objectives include: 1. To acquire and demolish blighted structures for redevelopment. To demolish or acquire, homes must be vacant for no less than 90 days and in a blighted state. Grand Island Council Session - 5/28/2013 Page 42 / 234 2 | Page 2. To provide direct subsidy for purchase of a home by low-to-moderate-income individuals. 3. To provide safe, affordable housing options for low-to-moderate-income residents. 4. To construct housing units required to allow affordable housing for low-to-moderate income homeowners to be built. 5. Not less than 25% of the City of Grand Island’s Reuse funds must be expended to house individuals or families whose incomes do not exceed 50% of area median income. PART III: Elements of the Plan Eligible Applicants within NSP1 project boundaries 1.Low-to-moderate-income persons. NSP-Eligible Activities and Uses 1. Demolition of blighted structures. 2. Redevelop demolished or vacant properties Guidelines for Assistance 1. Direct Subsidy a. Maximum of $20,000 b. 0% interest c. Forgivable loans in terms of 5 or 10 years depending on dollar amount of subsidy per unit (see guidelines below). Less than $15,000 5-year affordability period $15,000 - $20,000 10-year affordability period 2.Development Subsidy: Given current market conditions in the neighborhoods that NSP is designed to stabilize, it is possible that the total development cost of a home may exceed local market value. The difference between the total development cost and the appraisal and/or sales price must be treated as a development subsidy that is not recoverable. Maximum amount of $20,000. PART IV: Requirements 1. Program Income.: Gross revenues received by the CITY of Grand Island after closeouts will be governed by the following requirements: a)Program income may provide benefit to individuals and families with incomes up to 120 percent of AMI as permitted under Section II. E. b)To acquire and demolish blighted structures for redevelopment. To demolish or acquire homes must be vacant for no less than 90 days and in a blighted state. c)The City of Grand Island must ensure that when a house is sold, the affordability requirements are met. Grand Island Council Session - 5/28/2013 Page 43 / 234 3 | Page PART V: Compliance Compliance with Department of Housing and Urban Development (HUD), Nebraska Department of Economic Development and Community Development Block Grant regulations will be the duty of local City staff. The Program Income Reuse Plan will be administered with the most current and applicable guidelines and regulations. If a consultant is hired by the City for an individual project, it would be the City’s responsibility to ensure consultant/contractor compliance with local, state, and federal regulations. Local, state, and federal regulations may include but not be limited to: 1) 24 CFR 5, 2) City of Grand Island and Nebraska Department of Economic Development construction standards, 3) Section 2301(d)(2) of HERA, 4) Section 203 (b) Single Family Mortgage Limit, 5) Section 110 of the Housing and Community Development Act of 1974, as amended, 6) Fair Labor Standards Act of 1938, as amended (29 USC 102 et seq), 7) section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701(u), 8) Davis Bacon Act as amended (40 USC 276-a-276-5) and Section 2 of the June 13, 1934 Act, as amended (48 Stat 948.40 USC 276 (c), popularly known as The Copeland Act, and/or 9) the 2003 International Energy Conservation Code. PART V: Financial Management Funds received from forgivable loans will be deposited into a separate, interest bearing account by the servicing agent. These funds will be used for activities eligible under this NSP plan. Revenues and expenditures will be monitored and maintained through the City financial management system. NSP1 ACQUISITION/DEMOLITION GUIDELINES DEFINITION OF BLIGHTED STRUCTURE Blighted structures will follow the Nebraska Department of Economic Development (DED) Community Development Block Grant (CDBG) NSP 1 definition. “This definition includes, but is not limited to, “any dwelling, garage, outbuilding, warehouse, commercial building or any other structure or part of a structure, which: because of the effects of fire, wind, flood, or other natural disaster; because of physical deterioration; or, because of demolition, or partial demolition, not carried out to completion within a reasonable period of time. This structure is not habitable as dwelling, or, in the case of a non-dwelling structure, is no longer useful for the purpose for which the non-dwelling structure was intended, and which has been designated by the City as detrimental to the public health or safety in its present condition and use.” 1.0 APPLICANT ELIGIBILITY 1.1 General (Conflict of Interest) No member of the governing body, official, employee, agent or member of their immediate family of the City of Grand Island who exercises policy, decision-making functions or responsibilities in connection with the planning and implementation of the NSP program shall directly or indirectly benefit from this program, unless the Nebraska Department of Economic Development (DED) has granted written exception to that member. This prohibition shall continue for one year after an individual’s relationship Grand Island Council Session - 5/28/2013 Page 44 / 234 4 | Page with the City ends. Any other employee, officer, or board member may be eligible, but will be treated no differently in the determination of applications accepted for funding. 2.0 PROPERTY ELIGIBILITY 2.1 Location The structures to be acquired and/or demolished will be located in the community of Grand Island that are eligible for NSP 1 funds as defined by DED in Exhibit M of the original grant application. The eligible zip code areas are 68801 and 68803. 2.2 Unit Characteristics Only vacant and blighted units (residential) will be eligible for demolition. A vacant property is defined as property that is not inhabited by any person for any dwelling purpose for at least 90 days. 2.3 Condition Prior to demolition the unit will need to be determined vacant and blighted by the City Building Department or a qualified inspector. The inspector will be required to complete an approved “structure condition survey” form, which will be provided by the City. The City will also review and certify the report. Structure photographs and other information will be maintained in the City’s file clearly identifying the structure met the requirements of a blighted and vacant structure. 2.4 Environmental Review Agencies requiring compliance with historic designations, floodplains, archeological significance, hazardous material (i.e. lead paint, asbestos), etc. will be consulted prior to acquisition and/or demolition. Any and all required permits will be obtained prior to demolition. A unit determined by such agencies to have un-resolvable compliance issues will not be eligible for demolition. 3.0 TYPE OF FINANCIAL ASSISTANCE 3.1 NSP Program The City will negotiate a purchase price or other means of acquisition with the owner of an eligible property. Properties eligible for purchase and/or demolition will be scored and ranked on a set of predetermined criteria. Following completion of scoring and ranking, the City will purchase and demolish properties until funding is gone. Potential properties for acquisition may be solicited from interested property owners through public notice (Grand Island Independent, other electronic and print media) and direct mailing. Property owners will have opportunity to submit property information for a period of at least15 days from either the publication or direct contact dates. Each property will be scored on the criteria noted in section 3.3. A committee comprised of at least one staff member from Community Development Division, Regional Planning, and the Building Departments will review proposals. Property owners will be notified in writing of the City’s interest in negotiating for purchase of their property. Properties that do not meet at the scoring criteria of vacancy standards, blighted criteria, and redevelopment potential will not be Grand Island Council Session - 5/28/2013 Page 45 / 234 5 | Page eligible for the program. Property owners of ineligible or non-selected properties will be notified in writing. Demolition may not begin until all lien holders and property owners provide written permission to the City to demolish. The property title transfer to the City after purchase may serve as written permission. 3.2 Demolition funds The City will follow City Code Chapter 27 with regard to Procurement in selection of demolition services. Under the City of Grand Island’s NSP1 Acquisition/Demolition Program the City can exercise the right to demolish a vacant and blighted property with no subsequent housing activity. If the City only demolishes a blighted and vacant structure with no subsequent housing activity, the City is not able to utilize NSP1 funds to acquire the property. 3.3 Scoring Criteria Property may only be considered for scoring if it meets basic threshold requirements for program eligibility including vacancy, blighted standards , and environmental review does not result in findings. Scoring Criteria 1. Location of property a. Property not located in Census Tract defined as 51% LMI 5 b. Property located in an area designated as Blighted and Substandard by the City Council 5 c. Housing types in neighborhood are consistent with developers’ 5 standard housing design 2. Size of lot a. Width 1) Smaller than 52.8 feet 0 2) Between52.8 feet and 66 feet 3 3) Equal to 66 feet 5 4) Greater than 66 feet 7 b. Area (total lot size) 1) Smaller 6,969 square feet 0 2) Between 6,969 and 8,712 square feet 3 3) Equal to 8,712 square feet 5 4) Greater than 8,712 square feet 7 3. Age of Structure a. 1990 or later 0 b. 1970 – 1989 3 c. 1940 – 1969 5 d. 1939 or earlier 7 4. Quality of infrastructure a. Sanitary Sewer 3 b. Water lines 3 c. Street surfacing 1) gravel 0 Grand Island Council Session - 5/28/2013 Page 46 / 234 6 | Page 2) asphalt 3 3) fair Portland cement 5 4) good Portland cement 7 5. Property tax status a. Property taxes paid current 0 b. Property taxes six (6) months delinquent 3 c. Property taxes twelve (12) months delinquent 5 d. Property taxes delinquent for greater than twelve (12) months 7 6. Assessed value a. Greater than $80,000 0 b. $60,000 to $79,999 3 c. $40,000 to $59,999 5 d. Less than $40,000 7 7. Property cannot be used for fire training 5 8. Timeline for acquisition/demolition a. Property can be under contract 180 days or more 0 b. Property can be under contract 180 days or less 3 c. Property can be under contract in 120 days or less 5 d. Property can be under contract in 60 days or less 7 TOTAL POSSIBLE POINTS 75 In case of a tie, the oldest structure may receive priority. If there is no difference in age of structure, the larger lot size may be given priority. If the tie cannot be broken through differences in scoring criteria, properties may be selected through a lottery process. 4.0 DEMOLITION PROCESS Upon decision by the City of Grand Island to fund acquisition/demolition projects or demolition only projects based upon the priority ranking from the scoring process, the following steps will be taken: 1.Property will be inspected 2.Third party appraisal conducted (not applicable to demolition only projects) 3.Required photos and documentation completed 4.Negotiations for purchase price occurred (not applicable to demolition only projects) 5.Environmental Review conducted 6.Contractor for demolition procured 7.Property permits will be obtained 8.Property demolished 9.Property is inspected 5.0 GRIEVANCE PROCEDURE In the event that any applicant feels he/she has been unfairly treated or discriminated against during the process of selection for the program, he/she may appeal the decision, specifying the complaint in writing Grand Island Council Session - 5/28/2013 Page 47 / 234 7 | Page to the Community Development Division for their consideration. A written appeal must be submitted to Community Development staff within 15 calendar days after notification of the decision. The Community Development Advisory Committee will review the appeal and determine a course of action as appropriate. If needed, the Advisory Committee will make a recommendation to support or overturn the decision of Community Development staff within 45 days of receipt of the written appeal. The decision will be in writing and mailed to the applicant. If a satisfactory resolution cannot be attained as a result of this meeting, the Advisory Committee may make a recommendation to the Grand Island City Council who can make the final determination for resolution. 6.0 OFFICIAL CONTACT OFFICE The place of contact for this program shall be the City of Grand Island, City Hall, 100 E. 1st St., Grand Island, Nebraska. Any grievances, suggestions, or requests for information should be directed to this office. This in no way shall be construed to limit other interested parties from distributing information about the program or receiving suggestions for amendments to the program. All grievances shall be directed to the City in writing. DIRECT SUBSIDY GUIDELINES The City of Grand Island will provide home ownership opportunities for low-income individuals through direct subsidy loans to help purchase a home. Applicant Eligibility The Community Development Division will accept applications and qualify persons for the program on a “first-come, first-serve” basis. Applications will be accepted until all slots have been filled with income- qualified and approved persons. Additional applications may be accepted in case an approved applicant cannot achieve program requirements and no longer qualifies for the program. The next available applicant may then be notified. If more than one application is considered to be equal in approval and acceptance dates, the applicant with the lowest, qualifying household income will be given priority. If income determination does not resolve the tie, the selection of applicant will be based on a lottery. Applications will be accepted during regular business hours of the Community Development office, Monday through Friday, 8:00 a.m. to 5:00 p.m. Completed applications are kept on file for 6 months from the application date and, unless changes have occurred in the household, generally considered as eligible for the program. All applicants will be notified by letter of approval or denial for the program. For the NSP 1 program, an applicant must be able to: contribute a minimum of $1000 towards the purchase price secure a mortgage from a reputable lender attend and complete an approved REACH first-time homebuyer/owner education course or a HUD approved first-time homebuyer course provide all of the information requested on the Program Checklist Grand Island Council Session - 5/28/2013 Page 48 / 234 8 | Page All applications will be reviewed based on the Fair Housing Act of 1988. Discrimination due to race or color, national origin, religion, sex, age, handicap or familial status will not be allowed. Geographic Eligibility The NSP 1 Program will be confined to the target areas of zip codes 68801 and 68803 within the corporate city limits of Grand Island, Nebraska. Income Eligibility An applicant may not exceed a household income maximum that is at or below 120% Hall County Area Median Income guidelines, adjusted by family size. Household income is the anticipated gross annual income defined by Section 8 Part 5 Program Annual Income with third party verification and meets the definition of 24 CFR 5.609. Twenty-five percent of all program income funds must benefit households at or below 50% of the Annual Median Income. The income of all household members age 18 or older will be counted toward total household income, regardless of relationship to the applicant. Income will be verified and documented by Community Development staff. The most current HUD income guidelines will be used to determine eligibility. Any income issue not explicitly defined in these guidelines shall be subject to the current income guidelines as established by the Department of Housing and Urban Development. Applicants must: 1) complete a City of Grand Island application package, which includes but is not limited to basic demographic and personal information, income verifications, checking/ savings/other accounts information, 2) furnish U.S. Individual Tax returns for the previous three (3) years or applicable data, and 3) provide any other documents requested to determine eligibility. A signed copy of tax returns or official forms generated by the IRS must be submitted. Applicants will be required to sign third party verification for employment and to allow the City access to information about all open accounts. Retirement, pension, etc. information must be supplied by the applicant. It is the responsibility of the applicant to obtain and provide needed documents. The City reserves the right to refuse program eligibility if the amount of the loan will result in a housing payment burden. For this program, housing payments may be considered a burden if the Principal, Interest, Taxes, and Insurance (PITI) exceed 30% of gross income. An applicant with debt payments that exceed 45%, including PITI, will not be eligible for program funds until the debt load is reduced below that percentage. The amount of direct subsidy, combined with the PITI payment, may or may not be based on the income of all adult persons moving into the home. If an adult member of a household chooses not to be included on the Lenders loan documents and/or the Lenders Deed of Trust, the gross income of all adult members may be considered in the amount of assistance provided. In some cases, families who exclude other adult members of the household from the lender loan and lender deed of trust may not qualify for the program. All adult members (excluding qualifying children and or adult parents) of the household must sign the City of Grand Island Loan Documents and Promissory Note. Households that need someone to co-sign Loan Documents will not be eligible. Applicant Review Process Grand Island Council Session - 5/28/2013 Page 49 / 234 9 | Page Applications will be reviewed by Community Development staff to determine eligibility for the program and approve or deny the application. The Mayor will sign the Deed of Trust. All applicants will be notified in writing of approval or denial for the program. First Mortgage Eligibility Receipt of a direct subsidy will be contingent on the ability of the applicant to secure a mortgage or enter into a program to establish sufficient credit to qualify for a mortgage. The applicant must obtain a mortgage loan from a lender who agrees to comply with bank regulator guidance for non-traditional mortgages. Applicants will be responsible for the selection of the mortgage lender. However, the City reserves the right to confirm adherence to federal guidelines, require the applicant to apply for a NIFA loan and/or to contact other lenders for proof of financial viability. Allowable Assets Applicant/s shall not have liquid assets exceeding $10,000.00. “Liquid assets” are defined as checking accounts, certificates of deposits, savings accounts, savings bonds, stocks, and bonds. Liquid assets in excess of $10,000.00 must be liquidated even if a penalty results and used towards the purchase of the home. This may result in a reduction of assistance. Liquid assets shall not include (1) individual retirement accounts (IRA’S), retirement, pension, or welfare plan funds governed by provision of the Employment Retirement Income Security Act (ERISA). 20 U.S. St/St 1001, et seq., or Internal Revenue Code, 26 U.S.C. St/St1, et seq.; or (2) other funds held in employment benefit or investment plans where withdrawal of such shall cause the applicant to incur a tax or other penalty. However, interest from these accounts will be counted as income. Pre-paid funeral arrangements will not be considered as an asset. Conversion of liquid assets to the above described accounts in order to avoid personal contribution to homeownership will be considered “asset dumping”. If this occurs, an applicant will not be eligible for the program for at least two years. Property Eligibility: New construction must meet or exceed the City of Grand Island and the Nebraska Department of Economic Development construction standards, including the following: 2006 Edition of International Building Code and International Residential Code with local amendments (adopted by the City 05/01/08) 2006 Edition of Uniform Plumbing Code with local amendments. (adopted 04/24/07) 2006 Edition of Uniform Mechanical Code with local amendments. (adopted 04/24/07) 2008 Edition of National Electrical Code – State with local amendments. (adopted 11/01/08) 2003 International Energy Conservation Code Property must be located within the designated target area. Under no circumstances will 1) potential homeowners receive assistance or reduced interest rates if the action would result in displacing an existing household or 2) be allowed to purchase a property with owners or tenants currently living in the Grand Island Council Session - 5/28/2013 Page 50 / 234 10 | Page unit, regardless of the status of rent payments. No person(s) will be displaced as a result of the NSP 1 program. A signed copy of the Residential Anti-Displacement and Relocation Assistance Act has been approved by the Grand Island City Council and is on file with the Nebraska Department of Economic Development. The amount of direct subsidy depends upon the purchase price of the home. The subsidy may not exceed $20,000.00. The purchase price of the home must not exceed the appraised value or current Section 203 (b) Single Family Mortgage Limit. The total monthly mortgage payment will include monthly homeowner’s insurance premiums and property tax payments. Additional funds may be leveraged by the applicant from other sources such as employer contributions in an employer assisted housing program. Direct Payment Subsidy If the subsidized property is sold, changes occupancy, is no longer the principal residence of the homeowner, or is in violation of the intended use during the period of affordability, the note will become due upon demand. The property may neither be used as a rental property nor may the occupant rent-out any portion of the home. The direct payment subsidy from the City of Grand Island will be secured by a second mortgage in the form of a Real Property Deed of Trust for a period of 5 or 10 years. The 10 year lien will reduce 10% annually on the anniversary date of the Deed of Trust. A 5 year lien will reduce 20% annually. The Deed of Trust will be filed as a Public Record and filed with the Hall County Register of Deeds. Failure to abide by NSP 1 program regulations may result in legal action by the City of Grand Island. Example: The amount owed will decrease as follows on a 10 year schedule: 00 – 12 months 00% 13 – 24 months 10% 25 – 36 months 20% 37 – 48 months 30% 49 – 60 months 40% 61 – 72 months 50% 72 – 84 months 60% 85 – 96 months 70% 96 – 108 months 80% 108 – 120 months 90% 120 - months plus 1 day 100% Applicant Responsibility All applicants must attend 8 hours of a HUD or REACH approved First Time Homebuyer Class to be eligible for the program. A certificate of completion must be achieved prior to closing. City of Grand Island Responsibility Grand Island Council Session - 5/28/2013 Page 51 / 234 11 | Page As reasonable, the City will expedite the purchase of a home once the applicant has made a selection. Application review and income verifications will be completed in a timely manner. The City is a public entity, therefore most documents are considered to be public record. However, personal information about the applicant (social security number, account numbers, etc.) will be confidential and not subject to public record requirements. The City of Grand Island will follow Procurement Policies as adopted by the Grand Island City Council and set forth in Chapter 27 of City Code. Realtor and Seller Responsibility Realtors must contact the City prior to showing homes to an eligible buyer. The City will establish maximum purchase price and review the property for eligibility. Fair Housing Policy and Affirmative Marketing The City of Grand Island is an Equal Opportunity Employer, maintains an Affirmative Action Marketing Plan, and adheres to Fair Housing Policy. Fair Housing information will be distributed to all applicants who complete and return the Intake Application Packet. REACH and HUD approved First Time Homebuyer classes teach a legislative component within its curriculum. City staff and/or project participants attend at least one Fair Housing event annually. The Neighborhood Stabilization Program 1 will adhere to: Section 110 of the Housing and Community Development Act of 1974, as amended Fair Labor Standards Act of 1938, as amended (29 USC 102 et seq) Davis Bacon Act as amended (40 USC 276-a – 276 -5) And Section 2 of the June 13 1934 Act, as amended (48 Stat 948.40 USC 276 (c), popularly known as The Copeland Act Contract Work Hours and Safety Standards Act (40 USC 327 et seq Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701 (u) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and the regulations issued pursuant thereto (24 CFR Part 1) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284, as amended The Fair Housing Act of 1988 (42 USC 3601-20) and will affirmatively further fair housing. Affirmative Action Measures Maintains Fair Housing section in public brochure racks in a high-traffic, public area in Grand Island City Hall Distributes Fair Housing information to applicants Works with neighborhood associations and non-profit groups to promote affordable housing development for disparate groups Promotes Fair Housing through informational promotions on the Grand Island Educational Television scrolling display Attend Fair Housing training events Contract and partner with agencies to provide translation and/or special needs services Review Fair Housing activities annually to determine new distribution methods or reevaluate existing activities Community Development offices are handicapped accessible If a homeowner sells a property purchased with NSP 1 Direct Subsidy funds or homeownership changes prior to the end of the loan period, the remaining balance will be due and payable to the City of Grand Grand Island Council Session - 5/28/2013 Page 52 / 234 12 | Page Island. The funds will be placed in an interest bearing account managed by the City. Property assisted for purchase through the City of Grand Island will adhere to NSP recapture provisions. Resubordination Terms 1) Community Development will subordinate within the following conditions: a. Re-financing the original home loan to reduce the amount of interest paid or to reduce the amount of the original monthly payment. b. Re-financing the original home loan for debt consolidation. c. Only one subordination per person for the duration of the program in which they participated. d. Loans must be with a NIFA or an FHA approved lender, unless it is an interest rate reduction loan and the loan amount does not increase. Only then will other consideration be given for another banking institution. e. There may be extenuating circumstances attached to a subordination request. Community Development staff will consider each client on a case by case basis. f.All subordination requests must be submitted to the Community Development Division 15 days prior to a regularly scheduled City Council meeting. All subordinations must be approved by the Grand Island City Council before agreements can be signed. If changes are made to the final HUD statement after the 15 day requirement, the document will be rejected and the process will need to start over and be rescheduled for another Council meeting. g.The dollar amount of the loan recorded on the filed Subordination document must not exceed the loan amount submitted to the City on the HUD statement and the City’s lien must be secured in full. 2) Community Development will not subordinate if the following conditions exist: a. There is not enough equity left in the housing unit to cover both the new lien and the existing City Of Grand Island lien after refinancing has been completed. b. Applicant has already had one (1) subordination granted during the program. c. Other conditions exist that may increase the dollar amount of the original mortgage. Methods of Ensuring Principle Residence & Affordability Period Grand Island Council Session - 5/28/2013 Page 53 / 234 13 | Page Checking the following information will indicate continued ownership and occupancy. If the owner is still residing there, the household is deemed in compliance and will be checked again in 12 months. If questions arise regarding the checks, a letter will be written to the homeowner asking for clarification. The results of each year’s review is maintained in the individual homeowner files. Owner address/property address match: The website Homebase reflects information from the County Assessor. It shows the owner and the address of the property. This information should match our records.  Grand Island Utilities billing system: This will show the current owner of the property as well as usage, showing if it is possibly vacant.  To ensure affordability, the City will ensure that the sale or redevelopment of properties shall remain affordable to individuals or families being assisted. Each homebuyer is required to receive and complete at least 8 hours of homebuyer counseling from a HUD-approved agency before obtaining a mortgage loan. The applicant must obtain a mortgage loan from a lender who agrees to comply with bank regulator guidance for non-traditional mortgages. The City will utilize the following periods of affordability guidelines for homeownership assistance:  Homeownership assistance amount per unit Minimum period of affordability in years Under $15,000 5 $15,000 - $40,000 10 Over $40,000 15  Process for Amending Guidelines The Grantee has the authority to amend this document with a properly noticed Council/Board public hearing, board resolution and acceptance by the Department. Grand Island Council Session - 5/28/2013 Page 54 / 234 14 | Page The Program Income Reuse Plan was adopted by the Grand Island City Council on ___________, 2013 at a regularly scheduled Council meeting. Meeting minutes are on file with the City and available by request. Resolution # 2013-___ This Program Income Reuse Plan is hereby approved by the Nebraska Department of Economic Development (NEDED) on this ______ day of _______________, 2013. DED Representative Name and Title DATE Grand Island Council Session - 5/28/2013 Page 55 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item F-1 #9426 - Consideration of Annexation of Ummel Second Subdivision Located North of Bronco Road and East of Shady Bend Road (Third Reading) Staff Contact: Chad Nabity Grand Island Council Session - 5/28/2013 Page 56 / 234 Council Agenda Memo From:Chad Nabity, Regional Planning Director Meeting:May 28, 2013 Subject:An Ordinance to Annex Ummel Second Subdivision an Addition to the City of Grand Island, Nebraska and the Adjoining Right-of -Way Item #’s:F-1 Presenter(s):Chad Nabity, Regional Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that any and all property subdivided adjacent to the Corporate Limit of the City of Grand Island be annexed into the City at the time of subdivision approval. Tommy L. Ummel Sr, Tommy L Ummel Jr. and Cary Ummel, as the owners of the property, submitted Ummel Second Subdivision as an Addition to the City of Grand Island. The Hall County Regional Planning Commission recommended approval of the subdivision at their meeting on April 3, 2013. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the third reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of those properties. City staff is not suggesting extension of the zoning jurisdiction as a result of this annexation. Council could request that planning commission consider extension of the zoning jurisdiction. Changes to the zoning jurisdiction cannot be made without a recommendation from the Regional Planning Commission. Two existing residences would be added to the City as a result of this annexation. Grand Island Council Session - 5/28/2013 Page 57 / 234 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on third reading. Grand Island Council Session - 5/28/2013 Page 58 / 234 Grand Island Council Session - 5/28/2013 Page 59 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney ORDINANCE NO. 9426 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Ummel Second Subdivision and the adjoining Right-Of-Way Shady Bend Road in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after Tommy L. Ummel Sr., a single person and Tommy L. Ummel Jr. and Cary Ummel, husband and wife as owners of the property submitted a plat of Ummel Second Subdivision an Addition to the City of Grand Island for approval; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island requires that owners of property proposed for subdivision adjacent to the Corporate Limits submit such subdivisions as additions to the City; and * This Space Reserved For Register of Deeds * Grand Island Council Session - 5/28/2013 Page 60 / 234 ORDINANCE NO. 9426 (Cont.) - 2 - WHEREAS, according to NRSS §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and WHEREAS, on April 23, 2013, the City Council of the City of Grand Island approved such annexation on first reading and on May 14, 2013 the City Council of the City of Grand Island approved such annexation on the second reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. Grand Island Council Session - 5/28/2013 Page 61 / 234 ORDINANCE NO. 9426 (Cont.) - 3 - SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Grand Island Council Session - 5/28/2013 Page 62 / 234 ORDINANCE NO. 9426 (Cont.) - 4 - Enacted: May 28, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 63 / 234 ORDINANCE NO. 9426 (Cont.) - 5 - Grand Island Council Session - 5/28/2013 Page 64 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item F-2 #9430 - Consideration of Request to Rezone Property Located South of Capital Avenue West of the Moore’s Creek Drainway from RD Residential Development to Amended RD Residential Development Zone This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 5/28/2013 Page 65 / 234 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9430 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; amending the Residential Development district and Final Development Plan for Sterling Estates Second Subdivision (Lot 1); directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on May 1, 2013, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after the public hearing on May 28, 2013, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the final development plan for Sterling Estates Second Subdivision is amended as shown on the development plan included as part of the subdivision agreement as approved and signed by the Subdivider and the City. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Grand Island Council Session - 5/28/2013 Page 66 / 234 ORDINANCE NO. 9430 - 2 - Enacted: May 28, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 67 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item F-3 #9431 - Consideration of Amending Chapter 27 of the City Code Relative to Purchasing Staff Contact: Stacy Nonhof, Assistant City Attorney Grand Island Council Session - 5/28/2013 Page 68 / 234 Council Agenda Memo From:Stacy R. Nonhof, Assistant City Attorney Meeting:May 28, 2013 Subject:Purchasing/Procurement Ordinance Item #’s:F-3 Presenter(s):Stacy R. Nonhof, Assistant City Attorney Background The City of Grand Island has a procurement policy in place for purchasing capital items. This policy requires competitive bidding with at least three independent bids. An exception is made when using the state bidding process. State bids are allowed because competitive bidding has already been done at the state level and the best price has been negotiated. A national competitive buying group utilizes the same principles as the state bidding process which could be utilized to make specialized vehicle purchases such as boom trucks, bucket trucks, fire department apparatus, etc. Currently the City Code does not specifically authorize use of the State bidding or other competitive buying groups. Discussion Many buying groups that City Departments have been interested in joining are free of charge. These groups have already done the bidding process as required in the City Code. Various departments will be able to look at the items on these lists and not only know the final price, but also the detailed specifications. Buying groups such as the State Contract list currently used and others that are available on a national level will eliminate partial need for the City to pay for the design of certain capital items. These lists are of items already designed and ready for sale. These lists show the lowest priced items for sale after a solicitation has been made. Currently, the City requires that if a capital item is to be purchased, there must be a design phase and a bidding phase prior to any purchase. The benefit to these lists is that the items are already designed, any modifications available are indicated along with the costs of modifications and the list is comprised of items that have been determined to be the lowest bid for that specific item/design. By utilizing these lists, the City will be eliminating the cost of designing items itself and will know the final price of the item from the outset. These buying groups are used by government and non-profit corporations to make purchases of specialty Grand Island Council Session - 5/28/2013 Page 69 / 234 equipment. These groups utilize the same concept as state bidding to ensure the lowest price to the end user. The requested change to City purchasing policy can be utilized by many city departments including, but not limited to, police, fire, utilities, parks, and public works. The change will allow for increased purchasing power for the City and will save time and expense in the procurement process. 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 amends City purchasing policy to allow the use of the State Contract list and cooperative purchasing agreements after approval by Council. Sample Motion Move to adopt Ordinance #9431 amending Chapter 27 of the City Code to approve the use of the State Contract list and other buying groups for City departments. Grand Island Council Session - 5/28/2013 Page 70 / 234 ORDINANCE NO. 9431 An ordinance to amend Grand Island City Code Chapter 27, pertaining to purchasing from the State of Nebraska Contracts list and other approved Cooperative Purchasing forums, to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Chapter 27 of the Grand Island City Code is hereby amended to read as follows: Article V. Cooperative Purchasing §27-62. Nebraska State Contract List City departments are not required to advertise for bids when purchasing items from the Nebraska State Contract list as all statutory bidding requirements have been met in approving this list. §27-63. Cooperative Purchasing Agreements City departments will be allowed to use local, state or national Cooperative Purchasing Agreements. The Chief Purchasing Agent shall review all agreements to determine that they meet statutory bidding requirements before approval by the City Council. The City Council shall approve all said agreements prior to use. Use of Cooperative Purchasing will preclude the requirement of advertising for bids. SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Grand Island Council Session - 5/28/2013 Page 71 / 234 ORDINANCE NO. 9431 (Cont.) - 2 -Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney Enacted: May 28, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 72 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-1 Approving Minutes of May 14, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 5/28/2013 Page 73 / 234 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING May 14, 2013 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on May 14, 2013. Notice of the meeting was given in The Grand Island Independent on May 8, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Bob Niemann, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Robert Sivick, Public Works Director John Collins and Finance Director Jaye Monter. INVOCATION was given by Pastor Chad Boling, First United Methodist Church, 4190 West Capital Avenue followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Bethany Hollman. PRESENTATIONS AND PROCLAMATIONS: Recognition of Grand Island Senior High Students First Place Win at State Competition in Teamworks at the Nebraska State SkillsUSA Conference. Mayor Vavricek and the City Council recognized Grand Island Senior High Students: Brandon Gawrych, Max Geiger, Colton Durham, Neri Perez, and Coach Brett Forsman for their first place win in Teamworks at the Nebraska State SkillUSA competition. All were present for the recognition. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located at 2391 South North Road (Chief Industries, Inc.). Utilities Director Tim Luchsinger reported that a utility easement located at 2391 South North Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of installing new underground cable, conduit, and a pad-mounted transformer. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1403, 1411, 1419, and 1427 South Adams Street (Gary Eilenstine). Utilities Director Tim Luchsinger reported that a utility easement located at 1403, 1411, 1419, and 1427 South Adams Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of placing conduit, cable, and transformers along Adams Street to provide electrical service for new eight-plex buildings to be constructed on the lots. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1922 West 3rd Street (Donald & Sharon Jelinek). Utilities Director Tim Luchsinger reported that a utility easement located at 1922 West 3rd Street was needed in order to have access to install, upgrade, maintain, and repair Grand Island Council Session - 5/28/2013 Page 74 / 234 Page 2, City Council Regular Meeting, May 14, 2013 power appurtenances, including lines and transformers for the purpose of placing underground conduit, conductor, and a three-phase transformer to serve electrical power to a new Verizon tower and shelter structure. Staff recommended approval. No public testimony was heard. Public Hearing on Declaring Proposed Redevelopment Plan Area 12 as Blighted and Substandard Located South and North of Old Potash Highway, East of Engleman Road and West of North Road. Regional Planning Director Chad Nabity reported that this item related to the Study for proposed CRA Area #12 which included the area of Indian Acres Subdivision and Copper Creek Estates west and south of Shoemaker School in northwest Grand Island containing 234.4 acres. The first step in the process was for Council to forward this item to the Regional Planning Commission for the declaration of property as blighted and substandard. Staff recommended approval. The following people spoke in support: Orville Stahr, 1512 Road 13, York, NE David Ostdiek, 4057 Craig Drive Curt Ratliff, 33 Kuester Lake – supported north part of request – opposed south part of the request which included Cooper Creek Estates Kent Cordes, 1111 Central Avenue, Kearney, NE Gloria Thesenvitz, 2210 Riverview Drive Dr. Laura Sweley-Buettner, 3628 Hidden Pointe Drive Karen Bredthauer, 940 So. North Road Dawn Sweley, 1914 Boys Street, Hastings, NE Max Exon, 1707 Grand Island Avenue E.W. Skala, 323 Mallard Lane Sylvia Henderson, 1068 Highway 281, St. Paul, NE Brian Levander, 209 Redwood Road Raymond O’Connor, 611 Fleetwood Road Ken Gnadt, 1610 Gretchen Avenue Cindy Johnson, Chamber of Commerce, 309 West 2nd Street Cindy Addison, 221 Arapahoe Avenue The following people spoke in opposition: Paul Hamilton, 305 Cherokee Avenue Bart Bennetzen, 200 Cherokee Avenue No further public testimony was heard. ORDINANCES: #9426 – Consideration of Annexation of Ummel Second Subdivision Located North of Bronco Road and East of Shady Bend Road (Second Reading) Regional Planning Director Chad Nabity reported this was the second of three readings for the annexation of Ummel Second subdivision. City Clerk RaNae Edwards read it by title only. Grand Island Council Session - 5/28/2013 Page 75 / 234 Page 3, City Council Regular Meeting, May 14, 2013 Motion by Dugan, second by Nickerson to approve Ordinance #9426. Upon roll call vote, all voted aye. Motion adopted. Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9428 – Consideration of Creation of Water Main District 466T on Airport Road #9429 – Consideration of Amending Chapter 12-5 of the Grand Island City Code Relative to Positions Covered by Civil Service 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 seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9428 – Consideration of Creation of Water Main District 466T on Airport Road Utilities Director Tim Luchsinger reported that Ordinance #9428 would extend a new water main along Airport Road from 1/4 mile east of Highway 281 to Sky Park Road, and along Academy Road from Airport Road to Twin Star Lane at the Central Nebraska Regional Airport. Discussion was held regarding a tap district on Cannon Road. Motion by Donaldson, second by Niemann to approve Ordinance #9428. City Clerk: Ordinance #9428 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 #9428 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9428 is declared to be lawfully adopted upon publication as required by law. #9429 – Consideration of Amending Chapter 12-5 of the Grand Island City Code Relative to Positions Covered by Civil Service City Attorney Robert Sivick reported that Ordinance #9429 would add the Shift Commander positions in the Fire Department to the Civil Service Rules and Regulations. Motion by Dugan, second by Niemann to approve Ordinances #9428 and #9429. City Clerk: Ordinance #9429 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Minton, Dugan, Gericke, Gilbert, Nickerson, Hehnke, Haase, Donaldson, and Niemann voted aye. Councilmember Paulick voted no. Motion adopted. Grand Island Council Session - 5/28/2013 Page 76 / 234 Page 4, City Council Regular Meeting, May 14, 2013 City Clerk: Ordinance #9429 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmembers Minton, Dugan, Gericke, Gilbert, Nickerson, Hehnke, Haase, Donaldson, and Niemann voted aye. Councilmember Paulick voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9429 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-13 was pulled from the agenda. Consent Agenda item G-11 was removed for further discussion. Motion by Donaldson, second by Niemann to approve the Consent Agenda excluding items G-11 and G-13. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of April 23, 2013 City Council Regular Meeting. Approving Minutes of May 7, 2013 City Council Special Meeting. Approving the Appointments of Councilmembers Vaughn Minton, Scott Dugan, Robert Niemann, and Julie Hehnke to the Metropolitan Planning Organization Policy Board. #2013-127 – Approving Final Plat and Subdivision Agreement for Chief/Westgate Subdivision. It was noted that Chief Construction Company, owner had submitted the Final Plat and Subdivision Agreement for Chief/Westgate Subdivision for the purpose of replating Lot 1, Westgate Fourth Subdivision located north of US Highway 30 and east of North Road containing 12.13 acres. #2013-128 – Approving Purchase of Mobile Field Reporting for Code Enforcement with Spillman Technologies, Inc. in an Amount of $7,575.00. #2013-189 – Approving Acquisition of Utility Easement Located at 2391 So. North Road (Chief Industries, Inc.). #2013-190 – Approving Acquisition of Utility Easement Located at 1403, 1411, 1419, and 1427 So. Adams Street (Gary Eilenstine). #2013-131 – Approving Acquisition of Utility Easement Located at 1922 West 3rd Street (Donald & Sharon Jelinek). #2013-132 – Approving Bid Award for Water Main Project 2013-W-2 – Sycamore Street, from Ashton Avenue to 1st Street with The Diamond Engineering Company of Grand Island, NE in an Amount of $313,253.19. #2013-133 – Approving Bid Award for the 2013 Asphalt Resurfacing Project No. 2013-AC-2 with Gary Smith Construction Co., Inc. of Grand Island, NE in an Amount of $162,197.75. #2013-134 – Approving Bid Award for Lawn Maintenance at the Wastewater Treatment Plant with Rick’s Lawn Care Company of Grand Island, NE in an Amount of $38,080.00 Annually for Mowing and $12,339.00 Annually for Maintenance. Wastewater Treatment Plant (WWTP) Superintendent Marvin Strong reported that currently a maintenance employee of the WWTP Grand Island Council Session - 5/28/2013 Page 77 / 234 Page 5, City Council Regular Meeting, May 14, 2013 had been mowing the property at the Wastewater Treatment Plant at $24.00 per hour with the help of a seasonal worker. In reviewing the cost of having a city employee do this work instead of what he was hired for it was felt hiring a contractor would be more cost effective. Bids for lawn maintenance at the WWTP had been received with one bidder submitting a bid. Public Works Director John Collins stated they could re-bid this item or hire seasonal workers. Comments were made by council that this wasn’t a function of the WWTP employee. Concerns were mentioned concerning the estimate of $9,000 for this bid and the bid submitted by Rick’s Lawn Care Co. of $50,419.00. Motion by Gericke to table this item. Motion died due to a lack of a second. Comments were made to see if other departments would be able to provide this service or hiring a part-time seasonal employee. Motion by Gericke, second by Gilbert to refer this item to the June 11, 2013 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. #2013-135 – Approving Bid Award for One (1) Sewer Camera with Snode and Steerable Large Pipe Transporter, with Electric Lift and Backup Camera for the Wastewater Division of the Public Works Department with Municipal Pipe Tool Company, LLC of Hudson, IA in an Amount of $52,560.00. #2013-136 – Approving Maintenance Services for Supervisory Control and Data Acquisition (SCADA) Programming at the Wastewater Treatment Plant with Interstate Industrial Instrumentation, Inc. of Lincoln, NE. This item was pulled at the request of the Public Works Department. #2013-137 – Approving Agreement with Nebraska Department of Roads for 2013 Fracture Critical Bridge Inspections in an Amount of $230.02. #2013-138 – Approving Supplemental No. 1 to the Program Agreement with Nebraska Department of Roads for the Federal Funds Purchase Program. #2013-139 – Approving Program Supplemental Agreement No. 2 with the State of Nebraska Department of Roads for the US Highway 30 Drainage Improvement Project. #2013-140 – Approving Program Supplemental Agreement No. 1 with the State of Nebraska Department of Roads for the Grand Island Various Locations (Resurfacing) Project. #2013-141 – Approving Program Supplemental Agreement No. 1 with the State of Nebraska Department of Roads for the Capital Avenue – Webb Road to Broadwell Avenue Project. #2013-142 – Approving Agreement for Temporary Construction Easement for the Various Locations 2013 Federal Aid Resurfacing Project with Church of God of Prophesy in an Amount of $650.00. Grand Island Council Session - 5/28/2013 Page 78 / 234 Page 6, City Council Regular Meeting, May 14, 2013 #2013-143 – Approving a Five Year Lease for Parking Spaces at Well Fargo Bank in an Amount of $2,500.00 per year. #2013-144 – Approving COP Hiring Grant Application. REQUESTS AND REFERRALS: Approving Referral of Downtown Business Improvement District 2013 to the Regional Planning Commission. Community Development Administrator Marco Floreani reported that the first step in creating the Downtown Business Improvement District 2013 was to refer this to the Regional Planning Commission for review and recommendation according to law. The new District was to replace the existing Downtown Business Improvement District. Motion by Dugan, second by Gilbert to approve the referral of Downtown Business Improvement District 2013 to the Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2013-145 – Consideration of Declaring Redevelopment Plan Area 12 as Blighted and Substandard Located South and North of Old Potash Highway, East of Engleman Road and West of North Road. This item related to the aforementioned Public Hearing. Mentioned was that council was required to vote only on the study meeting the criteria set out declaring a blighted and substandard area. It was mentioned that the Grand Island Public School supported this project. Mr. Nabity stated the benefits for this area being blighted and substandard would be funds available through Tax Increment Financing (TIF). Orville Stahr with Stahr & Associates, Inc. of York, NE who did the study explained how the boundaries were set. Mr. Nabity answered the question of how to undesignate an area as blighted and substandard. The council would have to approve this with a Resolution. Motion by Gilbert, second by Niemann to approve Resolution #2013-145. Upon roll call vote, all voted aye. Motion adopted. #2013-146 – Consideration of Approving Bid Award for Grand Island Wastewater Treatment Plant Headworks Improvements; Project No. WWTP-2013-1 from Garney Companies, Inc. of Gardner, KS in an amount of $16,918.000.00. Public Works Director John Collins stated this item and the next four items were all related to the Wastewater Rehabilitation Project. WWTP Superintendent Marvin Strong gave a PowerPoint presentation overview of the Headworks project. The following people from Diamond Plastics spoke in opposition of using fiberglass pipe: Jerry Parkinson, Vice-President Peggy Skaggs, Vice-President of Finance Matthew Farrell, 2008 Prospect Street Steve Rolf, Quality Manager Ron Bishop, 2516 Parkview Drive Scott Schleicher, 107 West 12th Street Raul Johnson, Lincoln, NE Grand Island Council Session - 5/28/2013 Page 79 / 234 Page 7, City Council Regular Meeting, May 14, 2013 Discussion was held regarding the use of PVC pipe vs. fiberglass. Kevin Metter, Design Engineer with Black & Veatch stated they recommended Fiberglass Reinforced Pipe (FRP) as the best for the city based on corrosion resistance, life cycle costs and ease of construction. Discussion was held regarding the costs saving and different types of pipe depending on the soil types. City Attorney Bob Sivick explained the procurement process and that council would not be able to award to a specific company. Preferences to local bidders were only if the bids were tied. The contractor would have the decision of where to buy the PVC pipe. Base bids were for PVC pipe with alternatives for fiberglass. Motion by Nickerson, second by Haase to approve Resolution #2013-146 with the use of PVC Pipe where applicable. Upon roll call vote, all voted aye. Motion adopted. #2013-147 – Consideration of Approving Bid Award for North Interceptor – Phase I; Project No. 2012-S-6 with Merryman Excavation, Inc. of Woodstock, IL in an Amount of $8,444,635. Public Works Director John Collins stated this was a continuation of the previous project. WWTP Superintendent Marvin Strong explained the project further. Motion by Nickerson, second by Haase to approve Resolution #2013-147 with the use of PVC Pipe where applicable. Upon roll call vote, all voted aye. Motion adopted. #2013-148 – Consideration of Approving Amendment No. 6 to the Agreement for Professional Engineering Services entitled “Wastewater Treatment Plant and Collection System Rehabilitation” with Black & Veatch of Kansas City, MO in an Amount of $719,617.00 and a Revised Contract of $4,551,502.00. Manager of Engineering Terry Brown reported that Amendment No. 6 would incorporate compensation for engineering services that were not specifically identified in the original design agreement and add Consulting Engineering Construction Phase Services and Resident Inspection during Construction for the North Interceptor – Phase I Project. Paul Wicht, 1708 Jerry Drive spoke in opposition. Motion by Gilbert, second by Dugan to approve Resolution #2013-148. Upon roll call vote, all voted aye. Motion adopted. #2013-149 – Consideration of Amendment No. 7 to the Agreement for Professional Engineering Services entitled “Wastewater Treatment Plant and Collection System Rehabilitation” with Black & Veatch of Kansas City, MO in an Amount of $1,878,450.00 and a Revised Contract of $6,429,952.00. Manager of Engineering Terry Brown reported that Amendment No. 7 would incorporate fee compensation for engineering services that were not specifically identified in the original design agreement and add Consulting Engineering Construction Phase Services and Resident Inspection during Construction and Integration Services for the Headworks Improvements; Project WWTP-2013-1. Motion by Donaldson, second by Hehnke to approve Resolution #2013-149. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 5/28/2013 Page 80 / 234 Page 8, City Council Regular Meeting, May 14, 2013 #2013-150 – Consideration of Declaration of Intent to Issue Bonds for Sanitary Sewer Collection System and Wastewater Treatment Plant Improvements. WWTP Superintendent Marvin Strong reported that our bond underwriter, Ameritas, had advised the City to declare its intention to use bond revenue to fund the capital improvements projects. This would allow bond proceeds to be used for costs of the project prior to the bonds being issued and funds received. The declaration of intent to issue bonds for $60 million included the $56,545,747 million for the actual and estimated capital cost of the following projects: South and West Interceptor Rehabilitation; 4th and 5th Eddy to Vine Rehabilitation; Headworks- North Interceptor Phase I; and North Interceptor Phase II. Motion by Haase, second by Minton to approve Resolution #2013-150 not to exceed $60 million. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Gericke to approve the Claims for the period of April 24, 2013 through May 14, 2013, for a total amount of $5,187,417.52. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 10:54 p.m. RaNae Edwards City Clerk Grand Island Council Session - 5/28/2013 Page 81 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-2 Approving Minutes of May 21, 2013 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 5/28/2013 Page 82 / 234 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION May 21, 2013 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on May 21, 2013. Notice of the meeting was given in the Grand Island Independent on May 15, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Scott Dugan, John Gericke, Peg Gilbert, Mitch Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Assistant City Attorney Stacy Nonhof, and Public Works Director John Collins. A moment of silence was observed for the passing of Finance Director Jaye Monter’s husband Gary Monter followed by the INVOCATION given by Community Youth Council member Kennedy Martinez followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced CYC member Kennedy Martinez. SPECIAL ITEMS: Discussion Concerning Grand Generation Center. City Administrator Mary Lou Brown stated the object for this discussion was direction from the Council regarding the $100,000 budgeted for the Grand Generation Center and repairs to the building. Building Department Director Craig Lewis gave a PowerPoint regarding the history of the Grand Generation Center located at 304 East 3rd Street. The building was constructed in 1977-78 with two additions in 1987 and 2004. Roof repairs were done in 2007 and a kitchen addition was completed in 2010. The city currently had a lease agreement with the Grand Generation Center which would be renegotiated to better reflect actual operations and responsibilities. Presented were the following needs for the building: 1) parking lot and alley drainage; 2) roof; 3) gutters and down spouts; 4) remodel restrooms; 5) replace stall dividers; 6) HVAC up-date; 7) ceiling tile; and 8) sanitary drain repairs. Public Works Director John Collins reported on the parking lot repairs needed. The estimate of these repairs was $60,000 to $70,000. The Public Works Department had money in their budget to cover this. A Request for Proposals had been issued on May 14, 2013 for roof renovations and repairs with three proposals being received. This was scheduled to come before Council on May 28, 2013. Theresa Engelhardt, Executive Director of the Grand Generation Center commented on the roof and parking lot being safety issues that needed to be repaired. There were 150 seniors and 30 day care clients at the center every day. Pam Lancaster representing the Hall County Board commented on the leaky roof. Grand Island Council Session - 5/28/2013 Page 83 / 234 Page 2, City Council Study Session, May 21, 2013 Comments were made regarding the lease and money budgeted for repairs. It was time to move forward with the roof repairs and update the lease agreement. Mentioned was the money the City had spent in the past toward support of the Grand Generation Center. Assistant City Attorney Stacy Nonhof commented on the lease agreement. The current lease was for the Center to maintain the building which was not being done. Comments were made concerning the need for repair of the alley. Mr. Collins stated this project could be bid out. Drainage for the alley was reviewed. Mentioned was that the building was owned by the City and we needed to take care of it. Concerns were made about the length of time this took to bring this information back to Council. It was mentioned that the City funds $100,000 to the Center and they should use that money for the repairs where they saw fit. Ms. Engelhardt commented on the challenges for the Center. They were currently replacing several items within the building. Mentioned were cuts to state funds received and lower contributions. Ms. Brown recapped what was said by Council, to fix the roof, alley and renegotiate the lease. Discussion Concerning City Facilities Dominoes. Ms. Brown stated this was the start of looking at the facilities owned by the City and using them in the most efficient way. Building Department Director Craig Lewis gave a PowerPoint on moving/expanding the following departments to different locations: Utilities Engineering to One-Stop Building, 1306 West 3rd Street Emergency Management/911 to Phelps Control, 700 Bischeld Street Information Technology to basement of City Hall, 100 East 1st Street Human Resource to former Information Technology area in City Hall Finance Expansion to former Human Resources area in City Hall Utilities Director Tim Luchsinger reported it was proposed that the Utilities Department would purchase the property formerly known as the One-Stop building located at 1306 West 3rd Street from the city to relocate the Utilities Engineering Division. An appraised value would be determined possibly, $450,000 to $850,000. The Utilities Engineering Divisions move to the One Stop building at 1306 West 3rd Street would require replacing the carpet of 14,000 sq. ft. at a cost of $20,000 and remodeling 3,280 sq. ft. at a cost of $30,000. Emergency Management Director Jon Rosenlund reported the Emergency Management/911 move to Phelps Control would increase the square footage from 1,933 to 3,500. Equipment upgrade would cost $533,050 and remodeling costs would be $157,500 for a total cost of $690,550. Mr. Rosenlund reported on the current situation in the 911 Center and the benefits of the relocation. Currently all Hall County 911 and Emergency Management operations where within City Hall. There was insufficient security for emergency 24 hour operations. There also was no alternate Emergency Operations Center (EOC). County EOC was insufficient for all City and County Departments and the alternate 911 was limited with no true 911 functions (location, Grand Island Council Session - 5/28/2013 Page 84 / 234 Page 3, City Council Study Session, May 21, 2013 name, mapping), administrative phones only, no recoding of phones or radio, limited connectivity for CAD, alarm monitoring and equipment stored in a closet. The benefits for the relocation were: better coordination between 911 Dispatchers, EOC staff and Phelps Electrical Dispatchers; provided geo-diverse 911 system for redundancy; larger work areas for 911 and EOC; provided a strong, fully functional alternate 911; exceptional redundant power; and improved security. The following were presented as an Alternate 911 in City Hall: backroom equipment remains in City Hall; move 911 stations into IT training room; four fully functional 911 stations (true 911 capabilities, mapping, CAD, and radio dispatching); and alarm panel monitoring. The financial benefits of the Phelps relocation were: redundant power; improved security at Phelps; minor remodeling needed; fiber already exists to tie Phelps and City Hall; General Fund (400) would fund most of the renovation and new equipment costs; and the General Fund (400) would be funded by proposed sale of the old One-Stop to Utilities. Reviewed further were the costs and challenges of moving the Emergency Management/911 Center to Phelps Control. Equipment cost was estimated at $533,050 and a total relocation cost of $690,550. Mentioned was the possibility of grants through the emergency Management Program Grant (EMPG) which would allow for a 50/50 cost match for eligible Emergency Management related expenses. Grants would be administered through NEMA. Also mentioned was the possibility of CDBG Grants. The following costs and funding sources were presented: Costs Funding Sources One Stop $ 50,000 Phelps Control $690,550 General Fund – 400 Fund $740,875 City Hall: IT $125,645 E911 Landline – 215 Fund $200,800 City Hall: HR $ 90,480 E911 Wireless – 216 Fund $ 45,000 City Hall: Finance $ 30,000 ________ Total Costs $986,675 Total Funding $986,675 Discussion was held concerning the reasons for the changes. Mr. Rosenlund answered questions concerning the phone system and other locations for an alternative 911 Center. Comments were made regarding the Community Meeting Room which could not be used for our 911 Center because when City Hall was built the State of Nebraska paid $1 million to have an alternate emergency center for the state. Mr. Rosenlund commented on funding for the move, equipment, and lease agreement. Additional operating costs would come from the Landline 215 Fund. No additional operating costs would be accrued in the General Fund from the County and City. Mr. Luchsinger stated about a dozen employees would move to the former One Stop building which would take up the front portion of the building. This move would allow the Utilities Grand Island Council Session - 5/28/2013 Page 85 / 234 Page 4, City Council Study Session, May 21, 2013 Department to grow over the years in the most efficient manner. Comments were made regarding the upkeep of this building. Mr. Lewis explained a possible plan for the Human Resources Department. Comment was made concerning the cost of remodeling the current IT office for 4 employees. Mayor Vavricek commented on the former One Stop building, alternative 911 Center and relocation for Utilities. Mentioned was the option of renting out unused space at the One Stop building. Comments were made regarding selling the One Stop building to someone other than the Utilities Department. Mr. Lewis stated the City tried to sell the One Stop building a couple of years ago but there were no buyers. Discussion was held concerning the process of divesting an asset. ADJOURNMENT: The meeting was adjourned at 9:47 p.m. RaNae Edwards City Clerk Grand Island Council Session - 5/28/2013 Page 86 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-3 Approving Appointments of Eric Olson and Todd Dvorak to the Police Pension Committee Mayor Vavricek has submitted the appointments of Eric Olson and Todd Dvorak to the Police Pension Committee to replace Danny Dubbs and Kelly Mossman who resigned. These appointments would become effective immediately upon approval by the City Council and would expire on December 31, 2016. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 5/28/2013 Page 87 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-4 #2013-151 - Approving Final Plat and Subdivision Agreement for Ummel Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 5/28/2013 Page 88 / 234 Council Agenda Memo From: Regional Planning Commission Meeting: May 28, 2013 Subject: Ummel Second Subdivision – Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of Bronco Road and east of Shady Bend Road. This final plat proposes to create 5 lots on a tract of land comprising a part of Lot Five (5) Island, in Section Thirteen (13) Township Eleven (11) North Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, said tract containing 36.003 acres. Discussion The final plat for Ummel Second Subdivision was considered by the Regional Planning Commission at the April 3, 2013 meeting. A motion was made by Bredthauer and seconded by Hayes to approve the plat as presented. A roll call vote was taken and the motion passed with 10 members present (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Eriksen, Bredthauer, Connelly and Snodgrass) voting in favor, no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 5/28/2013 Page 89 / 234 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 5/28/2013 Page 90 / 234 Grand Island Council Session - 5/28/2013 Page 91 / 234 Ummel Second Subdivision Developer/Owner Tommy Ummel Jr. 1475 South Gunbarrel Road Grand Island NE 68801 To create 5 lots north of Bronco Road and east of Shady Bend Road, in the City of Grand Island, in Hall County, Nebraska. Size: 36.033 acres Zoning: LLR – Large Lot Residential Zone Road Access: City Roads Water Public: City water is not available Sewer Public: City sewer is not available Grand Island Council Session - 5/28/2013 Page 92 / 234 March 20, 2013 Dear Members of the Board: RE: Final Plat – Ummel Second Subdivision – Final Plat For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted final plat of Ummel Second Subdivision, located in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 5 lots, on a tract of land comprising a part of Lot Five (5) Island, in Section Thirteen (13) Township Eleven (11) North Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and said tract containing 63.033 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on April 3, 2013 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Building Department City Utilities Manager of Postal Operations Rockwell & Associates This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Grand Island Council Session - 5/28/2013 Page 93 / 234 Grand Island Council Session - 5/28/2013 Page 94 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-151 WHEREAS, Tommy L. Ummel Sr. a single person, Tommy L. Ummel Jr. and Cary Ummel. Husband and wife, being the owners of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “UMMEL SECOND SUBDIVISION”, to be laid out into 5 lots, on a tract of land comprising a part of Lot Five (5) Island, in Section Thirteen (13) Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of UMMEL SECOND 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, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 95 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-5 #2013-152 - Approving the Semi-Annual Report by the Grand Island Area Economic Development Corporation/Citizens Review Committee on the Economic Development Program Plan This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Ann Martin, Chair of GIAEDC Grand Island Council Session - 5/28/2013 Page 96 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-152 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §38-5 require a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on May 28, 2013; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 97 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-6 #2013-153 - Approving Addendum to SCALES Agreement Staff Contact: Steven Lamken Grand Island Council Session - 5/28/2013 Page 98 / 234 Council Agenda Memo From:Steven Lamken, Police Chief Meeting:May 28, 2013 Subject:Approval of SCALES Interlocal Addendum Item #’s:G-6 Presenter(s):Steven Lamken, Police Chief Background South Central Area Law Enforcement Services, SCALES, is a multijurisdictional law enforcement cooperative which operates under an Interlocal Agreement. Member agencies share resources and information and also acquire joint training and investigative equipment purchases. The City of Cozad desires to be a participating SCALES agency and an addendum has been drafted to approve Cozad’s membership. There is no fiscal impact to the City of Grand Island from Cozad joining the SCALES Interlocal. Discussion SCALES is a multijurisdictional law enforcement cooperative Interlocal Agreement with eleven member agencies sharing resources and information and also acquire joint training and investigative equipment purchases. SCALES has been a successful example of regional cooperation with agencies assisting one another when needed. SCALES agencies have supported the Grand Island Police Department in events such as President Bush’s visit to the City and investigation of department in-custody deaths. In turn, Grand Island has supported other SCALES agencies in special events and investigations. SCALES has brought nationally recognized training programs to the region which has provided excellent training to officers of our department that could not be supported by our individual agency budgets. The City of Cozad has requested to become a member agency of SCALES and has been approved by the Governing Board of Sheriffs and Chiefs. The Governing Board is seeking approval of our governing bodies to amend the SCALES Interlocal Agreement with the approval of the addendum to accept Cozad as a member. The acceptance of Cozad as a member agency of the SCALES compact does not create any additional fiscal impact for the Grand Island. Grand Island Council Session - 5/28/2013 Page 99 / 234 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 approved the “Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services” for the City of Cozad membership. Sample Motion Move to approve the “Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services” for the City of Cozad membership. Grand Island Council Session - 5/28/2013 Page 100 / 234 Grand Island Council Session - 5/28/2013 Page 101 / 234 Grand Island Council Session - 5/28/2013 Page 102 / 234 Grand Island Council Session - 5/28/2013 Page 103 / 234 Grand Island Council Session - 5/28/2013 Page 104 / 234 Grand Island Council Session - 5/28/2013 Page 105 / 234 Grand Island Council Session - 5/28/2013 Page 106 / 234 Grand Island Council Session - 5/28/2013 Page 107 / 234 Grand Island Council Session - 5/28/2013 Page 108 / 234 Grand Island Council Session - 5/28/2013 Page 109 / 234 Grand Island Council Session - 5/28/2013 Page 110 / 234 Grand Island Council Session - 5/28/2013 Page 111 / 234 Grand Island Council Session - 5/28/2013 Page 112 / 234 Grand Island Council Session - 5/28/2013 Page 113 / 234 Grand Island Council Session - 5/28/2013 Page 114 / 234 Grand Island Council Session - 5/28/2013 Page 115 / 234 Grand Island Council Session - 5/28/2013 Page 116 / 234 Grand Island Council Session - 5/28/2013 Page 117 / 234 Grand Island Council Session - 5/28/2013 Page 118 / 234 Grand Island Council Session - 5/28/2013 Page 119 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-153 WHEREAS, the Grand Island Police Department has been a member of the South Central Area Law Enforcement Services, SCALES, Interlocal compact; and WHEREAS, membership in SCALES has been beneficial to the Police Department and the City of Grand Island; and WHEREAS, the City of Cozad, Nebraska wishes to become a member of the SCALES compact , and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the Mayor sign the Addendum to SCALES Interlocal Agreement for Cooperative Law Enforcement Services to allow the City of Cozad to become a member of the SCALES Compact. - - - Adopted by the City Council of the City of Grand Island, Nebraska May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 120 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-7 #2013-154 - Approving Pipeline Crossing Agreement with UPRR for Water Main District 466T - Airport Road Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 5/28/2013 Page 121 / 234 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:May 28, 2013 Subject:Pipeline Crossing Agreement for Water Main District 466T - Mile Post 2.6, UPRR – Ord Branch (NCRC) at Airport Road Item #’s:G-7 Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main District 466T will extend a City water main along Airport Road. The new main will traverse under the railroad tracks operated by the Nebraska Central Railroad Company, a short line railroad which is a division of the Union Pacific Railroad. Their trackage runs from the Union Pacific connection in Grand Island to Ord, Nebraska. Attached for reference is a site map of the crossing’s location. Discussion The Union Pacific has a number of requirements regarding crossing of their right-of-way by other utilities. The Utilities Department has submitted an application for the construction, operation and maintenance of the crossing. The Railroad has reviewed the application and has returned their proposed agreement No. 02795-01 for the project. The Airport Road Crossing Agreement at Mile Post 2.6 includes a license fee of $2,500.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 5/28/2013 Page 122 / 234 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 Pipeline Crossing Agreement at Mile Post 2.6, for the Airport Road water main crossing with the Union Pacific Railroad. Sample Motion Move to approve the Pipeline Crossing Agreement at Mile Post 2.6, for the Airport Road water main crossing with the Union Pacific Railroad. Grand Island Council Session - 5/28/2013 Page 123 / 234 Grand Island Council Session - 5/28/2013 Page 124 / 234 Grand Island Council Session - 5/28/2013 Page 125 / 234 Grand Island Council Session - 5/28/2013 Page 126 / 234 Grand Island Council Session - 5/28/2013 Page 127 / 234 Grand Island Council Session - 5/28/2013 Page 128 / 234 Grand Island Council Session - 5/28/2013 Page 129 / 234 Grand Island Council Session - 5/28/2013 Page 130 / 234 Grand Island Council Session - 5/28/2013 Page 131 / 234 Grand Island Council Session - 5/28/2013 Page 132 / 234 Grand Island Council Session - 5/28/2013 Page 133 / 234 Grand Island Council Session - 5/28/2013 Page 134 / 234 Grand Island Council Session - 5/28/2013 Page 135 / 234 Grand Island Council Session - 5/28/2013 Page 136 / 234 Grand Island Council Session - 5/28/2013 Page 137 / 234 Grand Island Council Session - 5/28/2013 Page 138 / 234 Grand Island Council Session - 5/28/2013 Page 139 / 234 Grand Island Council Session - 5/28/2013 Page 140 / 234 Grand Island Council Session - 5/28/2013 Page 141 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-154 WHEREAS, the construction of Water Main District 466T will require crossing the railroad tracks operated by the Nebraska Central Railroad Company, a short line railroad which is a division of the Union Pacific Railroad at Airport Road; and WHEREAS, the Union Pacific Railroad requires a Pipeline Crossing Agreement to be entered in to for persons crossing its property for such purposes with a license fee payment of $2,500.00 for the Airport Road Crossing; and WHEREAS, the City Attorney’s office has reviewed the proposed Pipeline Crossing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Pipeline Crossing Agreement, by and between the City and the Union Pacific Railroad Company, for crossing the railroad’s right- of-way with the construction, operation, and maintenance of Water Main District 466T at Airport Road, is hereby approved; and the Mayor is hereby authorized to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 142 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-8 #2013-155 - Approving Acquisition of Public Right-of-Way in Summerfield Estates 5th Subdivision (Little B's Corporation) This item relates to the aforementioned Public Hearing item E-5. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/28/2013 Page 143 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-155 WHEREAS, public right-of-way is being dedicated by Little B’s Corporation to allow for realignment of the roadway within Summerfield Estates 5th Subdivision to conform to revised preliminary plat, described as follows: A TRACT OF LAND CONSISTING OF PART OF LOT 6, BLOCK 1 OF SUMMERFIELD ESTATES 5TH SUBDIVISION, LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER (W ½, SW ¼) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 6, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF WARBLER ROAD AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N89 51’51”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 37.08 FEET; THENCE DEPARTING SAID NORTH R.O.W. LINE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 34 27’31”, AN ARC LENGTH OF 21.05 FEET, A RADIUS OF 35.00 FEET AND A CHORD BEARING N72 54’24”E FOR A DISTANCE OF 20.73 TO A POINT OF REVERSE CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 18 19’43”, AN ARC LENGTH OF 19.19 FEET, A RADIUS OF 60.00 FEET AND A CHORD BEARING N64 50’30”E FOR A DISTANCE OF 19.11 FEET TO A POINT ON THE EAST LINE OF SAID LOT 6; THENCE S00 08’09”W ALONG SAID EAST LINE A DISTANCE OF 14.31 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 225.44 SQUARE FEET MORE OR LESS. AND, A TRACT OF LAND CONSISTING OF PART OF LOT 8, BLOCK 2 OF SUMMERFIELD ESTATES 5TH SUBDIVISION, LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER (W ½, SW ¼) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S00 08’09”W ALONG THE EAST LINE OF SAID LOT 8 A DISTANCE OF 30.00 FEET; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 90 00’00”, AN ARC LENGTH OF 47.12 FEET, A RADIUS OF 30.00 FEET AND A CHORD BEARING N44 51’51”W FOR A DISTANCE OF 42.43 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 8, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF WARBLER ROAD; THENCE S89 51’51”E ALONG SAID SOUTH R.O.W. LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 193.14 SQUARE FEET MORE OR LESS. WHEREAS, an agreement for the public right-of-way has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL Grand Island Council Session - 5/28/2013 Page 144 / 234 - 2 - OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public right-of-way on the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 145 / 234 Grand Island Council Session - 5/28/2013 Page 146 / 234 Grand Island Council Session - 5/28/2013 Page 147 / 234 Grand Island Council Session - 5/28/2013 Page 148 / 234 Grand Island Council Session - 5/28/2013 Page 149 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-9 #2013-156 - Approving Continuation of Street Improvement District No. 1261; Westgate Road – North Road East to Paved Section of Westgate Road Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/28/2013 Page 150 / 234 Council Agenda Memo From:Terry Brown P.E., Manager of Engineering Services Meeting:May 28, 2013 Subject:Approving Continuation of Street Improvement District No. 1261; Westgate Road – North Road East to Paved Section of Westgate Road Item #’s:G-9 Presenter(s):John Collins P.E., Public Works Director Background Street Improvement District No. 1261 was created by the City Council on April 23, 2013. Legal notice of the creation of the District was published in the Grand Island Independent on April 29, 2013. A notification letter of the district creation was also mailed to all affected property owners. The District will consist of Westgate Road extending east from North Road to the existing hard surface portion of Westgate Road. This area was platted in November 1987. The project would consist of paving, as well as connecting the initial phase of the Moores Creek Drainway to this area and eliminating the ditch section. This project is currently estimated at $500,000.00 and would be assessed to adjacent property owners. All property owners in this proposed district signed the district creation petition form. Discussion The district completed the 20-day protest period at 5:00 p.m., Monday, May 20, 2013, with no protests being filed against this District. The construction of this Street Improvement District will be budgeted in the 2013-2014 fiscal year Capital Improvement Projects 400 Fund budget, however, construction costs will be assessed to the properties abutting the improved roadway at the completion of construction expected in the 2013-2014 fiscal year. A request for an agricultural deferral is also being presented at tonight’s meeting relating to Street Improvement District No. 1261. Grand Island Council Session - 5/28/2013 Page 151 / 234 Alternatives 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 continuation of Street Improvement District No. 1261. Sample Motion Move to approve the continuation of Street Improvement District No. 1261. Grand Island Council Session - 5/28/2013 Page 152 / 234 Grand Island Council Session - 5/28/2013 Page 153 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-156 WHEREAS, Street Improvement District No. 1261, Westgate Road – North Road east to paved section of Westgate Road, was created by Ordinance No.9427 on April 23, 2013; and WHEREAS, notice of the creation of such street improvement district was published in the Grand Island Independent, in accordance with the provisions of Section 16- 667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01 R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within twenty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed, and WHEREAS, the protest period ended on May 20, 2013, with no protests being filed against this District. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Street Improvement District No. 1261, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 154 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item G-10 #2013-157 - Approving Deferral of Assessments for Agricultural Property Located within the Boundaries of Street Improvement District No. 1261; Westgate Road – North Road East to Paved Section of Westgate Road Staff Contact: John Collins, PE - Public Works Director Grand Island Council Session - 5/28/2013 Page 155 / 234 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:May 28, 2013 Subject:Approving Deferral of Assessments for Agricultural Property, Located within the Boundaries of Street Improvement District No. 1261; Westgate Road – North Road East to Paved Section of Westgate Road Item #’s:G-10 Presenter(s):John Collins PE, Public Works Director Background City Council action is required to approve deferral of special assessments. The City Council created Street Improvement District No. 1261; Westgate Road – North Road east to paved section of Westgate Road, on April 23, 2013. Little B’s Corporation is an owner of the agricultural land within the district. Agriculture deferments are governed by Neb. Rev. Stat. Sec. 19-2429. That statute requires the owner of agricultural land to apply for a deferment with the City Council within ninety days of the creation of the improvement district. Discussion Little B’s Corporation has requested an agricultural use deferral be granted for assessments from Street Improvement District No. 1261. During the agriculture deferral no principal payments would become due and no interest would accrue on the assessment. Upon termination of the agricultural deferral status Nebraska Revised Statutes §19-2430 affirms the principal amount of the special assessment shall be amortized over a term of ten (10) years from that date. The first such installment shall become delinquent in fifty (50) days after termination of deferral. Each installment except the first shall draw interest a seven percent (7%) per annum from and after the date of termination of deferral until the same shall become delinquent. Delinquent installments shall draw interest at fourteen percent (14%) per annum. Grand Island Council Session - 5/28/2013 Page 156 / 234 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 agricultural deferment for Little B’s Corporation on Street Improvement District No. 1261; Westgate Road – North Road east to paved section of Westgate Road. Sample Motion Move to approve the agricultural deferment. Grand Island Council Session - 5/28/2013 Page 157 / 234 Grand Island Council Session - 5/28/2013 Page 158 / 234 Grand Island Council Session - 5/28/2013 Page 159 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-157 WHEREAS, on April 23, 2013, by Ordinance No. 9247, the City of Grand Island created Street Improvement District No. 1261; and WHEREAS, such district included land adjacent to the City, some of which was and continues to be within an agricultural use zone and is used exclusively for agricultural use; and WHEREAS, such land, owned by Little B’s Corporation, continues to be used exclusively for agricultural uses; and WHEREAS, Little B’s Corporation has requested that such deferral from special assessments be continued as long as the property is used exclusively for agricultural purposes as provided by law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The special assessments to be levied under Street Improvement District No. 1261 upon the tract of land described as Part of the South Half of the Northwest Quarter (S ½ NW ¼) of Section Twenty Four (24), Township Eleven (11), Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, be deferred until terminated in accordance with Neb. Rev. Stat. §19-2430. 2.That during said deferrals, no principal payments shall become due and no interest shall accrue upon the assessment. 3.That the special assessment shall be divisible upon a front foot basis in the event a portion of the land shall no longer be eligible for deferral. 4.That upon termination of deferral, the principal amount of the special assessment shall be amortized over a term of ten (10) years from that date. The first such installment shall become delinquent in fifty (50) days after termination of deferral. Each installment except the first shall draw interest at seven percent (7%) per annum from and after the date of termination of deferral until the same shall become delinquent. Delinquent installments shall draw interest at fourteen percent (14%) per annum. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 160 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item H-1 Consideration of Liquor Manager Designation for Candace Rivera, 2815 West Capital Avenue for Red Lobster Restaurant #0734, 3430 West 13th Street Staff Contact: RaNae Edwards Grand Island Council Session - 5/28/2013 Page 161 / 234 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:May 28, 2013 Subject:Request from Candace Rivera, 2815 West Capital Avenue for Liquor Manager Designation for Red Lobster Restaurant #0734, 3430 West 13th Street Item #’s:H-1 Presenter(s):RaNae Edwards, City Clerk Background Candace Rivera, 2815 West Capital Avenue has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Red Lobster Restaurant #0734, 3430 West 13th 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 Control 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 requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. During the Police investigation, several issues came forth with regards to the potential character of Candy Rivera (See attached). Also the application filled out by Ms. Rivera did not provide all the information, thereby making this a false application as required by the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). Grand Island Council Session - 5/28/2013 Page 162 / 234 Recommendation City Administration recommends that the Council deny the request for Liquor Manager Designation. Sample Motion Move to deny the request from Candace Rivera, 2815 West Capital Avenue for Liquor Manager Designation in conjunction with the Class “I-32486” Liquor License for Red Lobster Restaurant #0734, 3430 West 14th Street. Grand Island Council Session - 5/28/2013 Page 163 / 234 05/14/13 Grand Island Police Department 450 15:11 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 10:55:21 05/07/2013 Date disposition declared : 05/07/2013 Incident number : L13050756 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 3430 13th St W State abbreviation : NE ZIP Code : 68803 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 : 4962 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 717 05/07/13 Rivera, Joseph M Jr Candace's Spouse NM 33933 05/07/13 Rivera, Candace Marie Liquor Manager NM 84240 05/07/13 Red Lobster Restaurant, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 Restaurant LAW INCIDENT NARRATIVE: Candace Rivera is Applying to be the Liquor Manager at Red Lobster. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama Grand Island Council Session - 5/28/2013 Page 164 / 234 -- ---- ------------------------------ ---------- 1 AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 09:57:20 05/14/2013 Grand Island Police Department Supplemental Report Date, Time: Tue May 14 09:57:33 CDT 2013 Reporting Officer: Vitera Unit- CID Candace "Candy" Rivera is applying to be the liquor manager at Red Lobster. According to the application, Candy is married to Joe Rivera and she has lived in Grand Island since 1991. Joe signed a Spousal Affidavit of Non-Participation. On the part of the application that asks for convictions, Candy stated that she was convicted of a fight by mutual consent in March of this year. No other convictions were listed. I ran a warrants and driver's license check on Candy. She doesn't currently have any warrants for her arrest, and her driver's license is valid. I used an online law enforcement-only database to find out more about Candy. Using her name, date of birth and Social Security number, I found an entry for her which indicates a bankruptcy in 2005 and seventeen judgments leveled against her with the latest being in 2012. No further information was given about the judgments. I also checked Candy through Spillman and NCJIS. She has several entries in Spillman for assaults. According to the information in NCJIS, Candy was convicted of the following crimes: Reckless Driving in '94, Attempt of a Class IIIA or IV Felony in 2001 (original charge was "Fraud to Obtain Assistance"), No Insurance and No Valid Registration in '04, DDS in '04, and Obstructing a Police Officer in '08 (original charge was 3rd Degree Assault on an Officer, CL IIIA Fel). I looked a little closer at some of the reports in Spillman to get a better understanding of her character. I found a few incidents that speak to that. On 9/1/08, Candy called officers to her house and asked them to remove her husband. They were not able to remove Candy's husband, but they described her as being "intoxicated and uncooperative." On 4/16/12, Candy was arrested for Failing to Appear on a Debtor's Exam. On 11/18/12, Candy was involved in a disturbance at the Conestoga Mall. Her son was Grand Island Council Session - 5/28/2013 Page 165 / 234 going to fight another boy. A girl who was with the boy that Candy's son was going to fight, told police that Candy was encouraging the boys to fight. This same sixteen year old girl accused Candy of grabbing her by the throat. A security guard was interviewed who said that he didn't see Candy (didn't know her name but described her) grab the girl by the throat, but he saw her punch at the girl. He also said that after he had separated and calmed the boys down, Candy instigated the fight again. All in all, the Grand Island Police Department recommends that the council not give local approval to Candace Rivera's liquor manager application for Red Lobster because of a false application and potential character issues. On the liquor manager application, it clearly asks "Has anyone who is a party to this application, or their spouse, ever been convicted of or plead guilty to any charge. Charge means any charge alleging a felony, misdemeanor, violation of a federal or state law, a violation of a local law, ordinance or resolution." It further asks that the applicant, "List the nature of the charge, where the charge occurred and the year and the month of the conviction or plea. Also list any charges pending at the time of this application. If more than one party, please list charges by each individual's name." Candy's failure to disclose all of her convictions technically makes the application false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) which states: "No applicant for a liquor license, or partner, principal, agent or employee of any applicant for a liquor license shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, or employees. Any violation of this provision may result in denial of application for a liquor license or, in the event that a license has already been issued, suspension, cancellation or revocation of such license." 011.01 goes on to say: No licensee or partner, principal, agent or employee of any licensee shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director or employees. Any violation of this provision may result in suspension, cancellation or revocation of such license. 53-125 states in part that, "No license of any kind shall be issued to a person who is not of good character and reputation in the community in which he or she resides." Grand Island Council Session - 5/28/2013 Page 166 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-1 #2013-158 - Consideration of Request from Besi and Zeki, LLC dba Napoli’s Italian Restaurant, 3421 Conestoga Drive for a Class “I” Liquor License and Liquor Manager Designation for Florim Ramadani, 5011 Starling Drive, Lincoln, NE This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 5/28/2013 Page 167 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-158 WHEREAS, an application was filed by Besi and Zeki, LLC doing business as Napoli’s Italian Restaurant, 3421 Conestoga Drive for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 18, 2013; such publication cost being $16.77; and WHEREAS, a public hearing was held on May 28, 2013 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Florim Ramadani, 5011 Starling Drive, Lincoln, NE as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 168 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-2 #2013-159 - Consideration of Request from Sunrise Restaurants, LLC dba Denny’s, 3333 Ramada Road for an Addition to Class “I- 98966” Liquor License This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 5/28/2013 Page 169 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-159 WHEREAS, an application was filed by Sunrise Restaurant, LLC doing business as Denny’s, 3333 Ramada Road for an addition to Class "I-98966" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on May 18, 2013; such publication cost being $16.77; and WHEREAS, a public hearing was held on May 28, 2013 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 170 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-3 #2013-160 - Consideration of Economic Development Incentive Agreement with CNH America, LLC (Case New Holland) Staff Contact: Mary Lou Brown Grand Island Council Session - 5/28/2013 Page 171 / 234 Council Agenda Memo From:Mary Lou Brown, City Administrator Meeting:May 28, 2013 Subject:Approving Economic Development Incentive Agreement with CNH America, LLC (Case New Holland) Item #’s:I-3 Presenter(s):Ann Martin, Chair of the Grand Island Area Economic Development Corporation Board of Trustees Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Area Economic Development Corporation (GIAEDC). The Economic Development Corporation has received an application from CNH America, LLC (Case New Holland) for additional employees and training. On March 14, 2013, the GIAEDC Board of Trustees approved submission of the attached Economic Development Agreement to the Citizens Review Committee (CRC) for consideration and recommendation. The CRC met on May 21, 2013 and approved the request and agreement for recommendation to the City Council for final action and approval. Discussion CNH America, LLC (Case New Holland), a combine and hay tool equipment manufacturer, has submitted the required application (see attached) for an amount of $500,000.00. Proposed is the creation of 100 new jobs within one year with an average hourly wage of $16.09. Requested is $4,500.00 per new employee job creation grant totaling $450,000.00 and $500.00 per new employee for job training assistance totaling $50,000.00. This will assist the $7.16 million building expansion for a total incentive request of $500,000.00. CNH America, LLC currently has over 1,060 employees. Due to significant sales of machinery, manufacturing volumes at the plant continue to increase. As a result of this increase, there will be a 30,000 sq. ft. addition to the south side of the existing rack building. The project will cost $7.16 million and will include the purchase of a burn box and the addition of a vestibule to the main building. The plant has its plans finalized and Grand Island Council Session - 5/28/2013 Page 172 / 234 the hiring of the 100 employees will commence immediately. The entire project will be completed in 1 year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the Economic Development Agreement with CNH America, LLC. 2.Do not approve the Economic Development Agreement with CNH America, LLC. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation City Administration recommends that the Council consider the resolution authorizing the City to enter into the Economic Development Agreement with CNH America, LLC. Sample Motion Move to approve the resolution authorizing the City to enter into the Economic Development Agreement with CNH America, LLC. Grand Island Council Session - 5/28/2013 Page 173 / 234 Grand Island Council Session - 5/28/2013 Page 174 / 234 Grand Island Council Session - 5/28/2013 Page 175 / 234 Grand Island Council Session - 5/28/2013 Page 176 / 234 Grand Island Council Session - 5/28/2013 Page 177 / 234 Grand Island Council Session - 5/28/2013 Page 178 / 234 Grand Island Council Session - 5/28/2013 Page 179 / 234 Grand Island Council Session - 5/28/2013 Page 180 / 234 Grand Island Council Session - 5/28/2013 Page 181 / 234 Grand Island Council Session - 5/28/2013 Page 182 / 234 Grand Island Council Session - 5/28/2013 Page 183 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-160 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, CNH America, LLC (Case New Holland), has applied for a forgivable loan for job incentive and training in the amount of $500,000.00 from the Grand Island Area Economic Development Corporation (GIAEDC) in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the GIAEDC Board of Trustees and was approved on May 21, 2013 by the Citizens Advisory Review Committee; and WHEREAS, CNH America, LLC (Case New Holland) will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to CNH America, LLC (Case New Holland) as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and CNH America, LLC (Case New Holland), to provide $500,000.00 in economic assistance to CNH America, LLC (Case New Holland), to be used for expanding its business in Grand Island is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 184 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-4 #2013-161 - Consideration of Economic Development Incentive Agreement with Chief Industries, Inc. Staff Contact: Mary Lou Brown Grand Island Council Session - 5/28/2013 Page 185 / 234 Council Agenda Memo From:Mary Lou Brown, City Administrator Meeting:May 28, 2013 Subject:Approving Economic Development Incentive Agreement with Chief Industries, Inc. – Chief Fabrication Division Item #’s:I-4 Presenter(s):Ann Martin, Chair of the Grand Island Area Economic Development Corporation Board of Trustees Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Area Economic Development Corporation (GIAEDC). The Economic Development Corporation has received an application from Chief Industries, Inc. – Chief Fabrication Division for expansion of their current building, additional employees, and job training. On February 14, 2013, the GIAEDC Board of Trustees approved submission of the attached Economic Development Agreement to the Citizens Review Committee (CRC) for consideration and recommendation. The CRC met on May 21, 2013 and approved the request and agreement for recommendation to the City Council for final action and approval. Discussion Chief Industries, Inc. – Chief Fabrication Division, has submitted the required application (see attached) for an amount of $305,800.00. Proposed is the creation of 41 new jobs over the next three years with an average hourly wage of $14.44. Requested is $88,100 for infrastructure, $45,000 earmarked for job training, and $4,200.00 per new employee job creation or $172,200.00 for a total LB840 request of $305,800.00. Chief Fabrication plans to expand its production capabilities at its facility located at 1119 South Adams Street and expects to begin construction of the addition and procurement of equipment in spring of 2013 with completion in approximately 270 days. They currently have 208 employees. Grand Island Council Session - 5/28/2013 Page 186 / 234 Established in 1954 and located in Grand Island, Chief Fabrication is one of the most diverse metal fabricators in the Midwest and services an ever-widening range of manufacturers of agricultural, recreational, and construction equipment, and a variety of industrial accounts from coast to coast. The type of work offered ranges from simple, single level components and complicated elements, to complete contract manufactured products ready to be marketed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the Economic Development Agreement with Chief Industries, Inc. 2.Do not approve the Economic Development Agreement with Chief Industries, Inc. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation City Administration recommends that the Council consider the resolution authorizing the City to enter into the Economic Development Agreement with Chief Industries, Inc. Sample Motion Move to approve the resolution authorizing the City to enter into the Economic Development Agreement with Chief Industries, Inc. Grand Island Council Session - 5/28/2013 Page 187 / 234 Grand Island Council Session - 5/28/2013 Page 188 / 234 Grand Island Council Session - 5/28/2013 Page 189 / 234 Grand Island Council Session - 5/28/2013 Page 190 / 234 Grand Island Council Session - 5/28/2013 Page 191 / 234 Grand Island Council Session - 5/28/2013 Page 192 / 234 Grand Island Council Session - 5/28/2013 Page 193 / 234 Grand Island Council Session - 5/28/2013 Page 194 / 234 Grand Island Council Session - 5/28/2013 Page 195 / 234 Grand Island Council Session - 5/28/2013 Page 196 / 234 Grand Island Council Session - 5/28/2013 Page 197 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-161 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, Chief Industries, Inc. – Chief Fabrication Division, has applied for a forgivable loan for job incentive, training, and infrastructure in the amount of $305,800.00 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the Grand Island Area Economic Development Board of Trustees and was approved on May 21, 2013 by the Citizens Advisory Review Committee; and WHEREAS, Chief Industries, Inc. will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to Chief Industries, Inc. as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and Chief Industries, Inc., to provide $305,800.00 in economic assistance to Chief Industries, Inc., to be used for expanding its business in Grand Island is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 198 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-5 #2013-162 - Consideration of Economic Development Incentive Agreement with Central Community College Staff Contact: Mary Lou Brown Grand Island Council Session - 5/28/2013 Page 199 / 234 Council Agenda Memo From:Mary Lou Brown, City Administrator Meeting:May 28, 2013 Subject:Economic Development Incentive Agreement with Central Community College Item #’s:I-5 Presenter(s):Ann Martin, Chair of the Grand Island Area Economic Development Corporation Board of Trustees Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the City to extend economic development incentives through the Grand Island Area Economic Development Corporation (GIAEDC). The Economic Development Corporation has received an application from Central Community College for additional equipment in the Industrial Academy. On April 18, 2013, the GIAEDC Board of Trustees approved submission of the attached Economic Development Agreement to the Citizens Review Committee (CRC) for consideration and recommendation. The CRC met on May 21, 2013 and denied the request and agreement for recommendation to the City Council for final action. Discussion Central Community College has submitted the required application (see attached) for an amount of $95,000.00. Proposed is the purchase of additional equipment for the Industrial Academy. Central Community College Industrial Academy assists the development of Grand Island’s workforce by providing career and technical education for welders and machinists. The local industries have a hard time finding and keeping machinists, welders, assemblers, and operators. With the additional equipment, Central Community College Industrial Academy will be in a position to train 25 traditional students, 20 high school students, and 30 additional students in their night lab. The new equipment will help stimulate the economic growth in the Grand Island area and will help train 75 students on a daily basis for years to come. Grand Island Council Session - 5/28/2013 Page 200 / 234 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the Economic Development Agreement with Central Community College. 2.Do not approve the Economic Development Agreement with Central Community College. 3.Postpone the issue to future date. 4.Take no action on the issue. Recommendation While the Resolution advances to the Council without the support of the Citizens’ Review Committee, City Administration believes the request deserves Council consideration and discussion. Grand Island Council Session - 5/28/2013 Page 201 / 234 Grand Island Council Session - 5/28/2013 Page 202 / 234 Grand Island Council Session - 5/28/2013 Page 203 / 234 Grand Island Council Session - 5/28/2013 Page 204 / 234 Grand Island Council Session - 5/28/2013 Page 205 / 234 Grand Island Council Session - 5/28/2013 Page 206 / 234 Grand Island Council Session - 5/28/2013 Page 207 / 234 Grand Island Council Session - 5/28/2013 Page 208 / 234 Grand Island Council Session - 5/28/2013 Page 209 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-162 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, Central Community College has applied for a forgivable loan for new equipment in the Central Community College Industrial Academy in the amount of $95,000.00 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the Grand Island Area Economic Development Corporation Board of Trustees and was denied on May 21, 2013 by the Citizens Advisory Review Committee; and WHEREAS, Central Community College will be required to meet or exceed the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to Central Community College as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and Central Community College, to provide $95,000.00 in economic assistance to Central Community College, to be used for new equipment is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 210 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-6 #2013-163 - Consideration of Approving Elimination of Proposed Street Right-of-Way in a Portion of Voss Subdivision (Michael P. Graham) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 5/28/2013 Page 211 / 234 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:May 28, 2013 Subject:Approving Elimination of Proposed Street Right-of-Way in a Portion of Voss Subdivision (Michael P. Graham) Item #’s:I-6 Presenter(s):John Collins PE, Public Works Director Background Public Works Administration received a request from Michael P. Graham at 3135 E Highway 30 to vacate a proposed street right-of-way in Lot 4 of Voss Subdivision. The 1940 original plat for Voss Subdivision notes a 66’ proposed street right-of-way, however this was never dedicated to the City. Discussion To clear up records on the properties associated with this proposed street, Administration is requesting a resolution to be filed against Lot 4 & Lot 5 of Voss Subdivision showing the elimination of such proposed street. This elimination will allow for redevelopment/building construction on this lot, as the City has no future plans for a street in this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve or deny. 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 5/28/2013 Page 212 / 234 Recommendation City Administration recommends that the Council approve the resolution affirming the elimination of the proposed street in Lot 4 & Lot 5 of Voss Subdivision. Sample Motion Move to approve the resolution. Grand Island Council Session - 5/28/2013 Page 213 / 234 Grand Island Council Session - 5/28/2013 Page 214 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-163 WHEREAS, the 1940 original plat for Voss Subdivision notes a 66’ proposed street right-of-way, which was never dedicated to the City of Grand Island; and WHEREAS, to clear up property records associated with this proposed street right-of-way approval is being sought to eliminate such right-of-way at the following locations; The southerly 33’ feet and westerly 33’ feet of Lot 4, Voss Subdivision The easterly 33’ feet of Lot 5, Voss Subdivision WHEREAS, the City has no future plans for a street in this location. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 66’ proposed street right-of-way on Lot 4 & Lot 5 of Voss Subdivision is eliminated. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 215 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-7 #2013-164 - Consideration of Approving Neighborhood Stabilization Program Income Reuse Program This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Marco Floreani Grand Island Council Session - 5/28/2013 Page 216 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-164 WHEREAS, the City of Grand Island, Nebraska is an eligible unit of a general local government authorized to retain and administer program income from the Neighborhood Stabilization Program (NSP1); and WHEREAS, Program Income Reuse Funds are administered by the Community Development Division for activities that rehabilitate or support housing located within NSP1 boundaries; and WHEREAS, The Nebraska Department of Economic Development has approved the City of Grand Island’s Neighborhood Stabilization Program Income Reuse Plan; and WHEREAS, Nebraska Department of Economic Development periodically updates official program income reuse requirements which necessitate revisions to local guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska, hereby adopts and approves the Program Income Reuse Plan for NSP1 activities and will submit the plan to the Nebraska Department of Economic Development; and The Mayor is hereby authorized and directed to execute such grant applications and other documentation on behalf of the City of Grand Island for such grant process. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 217 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-8 #2013-165 - Consideration of (1) Approving Contract for Grand Generation Center Roof Repair and (2) Funding for Roof and Drainage Repairs Staff Contact: Craig Lewis Grand Island Council Session - 5/28/2013 Page 218 / 234 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:May 28, 2013 Subject:Consideration of (1) Approving Contract for Grand Generation Center Roof Repair and (2) Funding for Roof and Parking/Drainage Repairs Item #’s:I-8 Presenter(s):Craig Lewis, Building Department Director Background On April 27, 2013 the City of Grand Island issued a request for proposal for roof repairs or replacement to the western section of the Senior Citizens Center at 304 East 3rd Street, Grand Island. NE. Three proposals were received on May 14, 2013, ranging in cost from $40,176.00 to $88,500.00. Discussion The proposals received were: Lampmann Roofing Omaha, NE. -- $40,176.00 Weathercraft Co. Grand Island, NE. -- $56,424.00 Duff Roofing Grand Island, NE. -- $88,500.00 Weathercraft Co. submitted the best responsive proposal and additionally identified alternatives for additional insulation. The base bid was $56,424.00 with gutters and down spouts adding $4,862.00 and 2” ISO R-12 insulation for an additional $1,700.00 bringing the total proposal to $62,986.00. Grand Island Council Session - 5/28/2013 Page 219 / 234 The alternative proposal has merit and the proposal with a total of $62,986.00 is submitted for approval. In addition, based on discussion at the May 21, 2013 study session, any remaining balance of the City’s budgeted appropriation of $100,000.00 will be directed first to repairs of the middle section of the roof and then to the modification of parking lot drainage. If the $100,000.00 appropriation is exceeded by these three repairs, the Public Works Department will absorb up to the complete parking/drainage repair cost in its current fiscal year budget. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the proposal from Weathercraft Co. 2.Disapprove or /Deny all of the submitted proposals. 3.Modify the proposals to meet the wishes of the Council 4.Table the issue Recommendation City Staff recommends that the Council approve the request for proposal submitted by Weathercraft Co. for $62,986.00 . Sample Motion Move to approved the proposal submitted by Weathercraft Co. for the amount of $62,986.00 and authorize the Mayor to sign the proposal. Grand Island Council Session - 5/28/2013 Page 220 / 234 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ROOF REPAIR OR REPLACEMENT AT SENIOR CITIZENS CENTER RFP DUE DATE:May 14, 2013 at 4:00 p.m. DEPARTMENT:Building PUBLICATION DATE:April 27, 2013 NO. POTENTIAL BIDDERS:3 SUMMARY OF PROPOSALS RECEIVED Lampmann Roofing Weathercraft Co. of Grand Island Omaha, NE Grand Island, NE Duff Roofing Grand Island, NE cc:Craig Lewis, Building Director Mary Lou Brown, City Administrator Jaye Monter, Interim Finance Director Stacy Nonhof, Purchasing Agent P1648 Grand Island Council Session - 5/28/2013 Page 221 / 234 Grand Island Council Session - 5/28/2013 Page 222 / 234 R E S O L U T I O N 2013-165 WHEREAS, the City of Grand Island published a request for proposal for the roof repairs or replacement to the Grand Island Senior Citizens Center located at 304 E 3rd Street (Grand Generation Center), and WHEREAS, three proposals were received and evaluated, and WHEREAS, the City has determined the most beneficial proposal for the roofing project was submitted by Weathercraft Co. of Grand Island to install a new Firestone Rubbergard roofing system, including the option of 2” insulation and replacing gutters and down spouts in the amount of $62,986.00; and WHEREAS, the City Council previously appropriated $100,000 for maintenance of the Grand Generation Center; and WHEREAS, the remaining balance of this $100,000 after the roofing repairs will be utilized for additional repairs to the middle section of the roof and modification of parking lot drainage; and WHEREAS, the costs associated with the middle section of roof and modification of parking lot drainage not covered by the remaining balance of the Grand Generation appropriation will be paid for by the Public Works Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal submitted by Weathercraft Co. of Grand Island, in the amount of $62,986.00 for installation of a new Firestone Rubbergard roofing system including the option of 2” insulation and the replacement of gutters and down spouts is hereby approved as the most beneficial proposal. BE IT FURTHER RESOLVED, that the remaining balance of the City’s previously appropriated $100,000 toward maintenance of the Grand Generation Center shall be utilized for additional repairs to the middle section of the roof and modification of parking lot drainage and once the $100,000 appropriation is exceeded, the remaining costs for the parking lot drainage be absorbed within the Public Works Department’s current fiscal year budget. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Grand Island Council Session - 5/28/2013 Page 223 / 234 - 2 - Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 224 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-9 #2013-166 - Consideration of Request for Approval of Transfer of Building Located at 1306 West 3rd Street and Related Department Relocations Staff Contact: Craig Lewis Grand Island Council Session - 5/28/2013 Page 225 / 234 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:May 28, 2013 Subject:Consideration of Request for Approval of Transfer of Building Located at 1306 West 3rd Street and Related Department Relocations Item #’s:I-9 Presenter(s):Craig Lewis, Building Department Director Background On May 21, 2013 at the City Council Study Session, City staff presented a proposal to transfer the property at 1306 West 3rd Street to the Utilities Department which would lead to the relocation of Utilities Engineering, Emergency Management, Information Technology and Human Resources, in addition to the expansion of Finance. The purpose of these changes is to gain needed square footages, increase security, provide redundancy, provide privacy and improve public access. Discussion The first step to be taken is the request for an appraisal of the property at 1306 West 3rd Street. The appraisal will establish the current market value for the property and provide the basis for the financial transfer of the property from the General Fund to the Utilities Enterprise Fund. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the resolution. 2.Disapprove or /Deny the resolution. 3.Modify the resolution to meet the wishes of the Council 4.Table the issue Grand Island Council Session - 5/28/2013 Page 226 / 234 Recommendation City Administration recommends that the Council approve the resolution and allow the transfer of building and related Department relocations. Sample Motion Move to approve the resolution and allow the first step of the transfer to proceed. Grand Island Council Session - 5/28/2013 Page 227 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-166 WHEREAS, the City of Grand Island is proposing to transfer the property at 1306 W. 3rd Street (One- Stop property) from a general fund asset to an enterprise fund asset; and WHEREAS, the City is proposing to obtain an appraisal to determine the fair market value for the One-Stop property; and WHEREAS, the Mayor and City Council concur with the plan to transfer the One-Stop property to the City Utilities Department, relocate Emergency Management, Information Technology and Human Resources in addition to the expansion of Finance as identified at the May 21, 2013 study session; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that an appraisal shall be obtained to determine the fair market value of the property located at 1306 W 3rd Street and presented to the City Council for approval. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 228 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item I-10 #2013-167 - Consideration of Funding the Community Offering and Approving Authorized Official to Retain the Grand Island Veterans Home Staff Contact: Mary Lou Brown Grand Island Council Session - 5/28/2013 Page 229 / 234 Council Agenda Memo From:Jay Vavricek, Mayor Meeting:May 28, 2013 Subject:Consideration of Funding the Community Offering and Approving Authorized Official to Retain the Grand Island Veterans Home Item #’s:I-10 Presenter(s):Jay Vavricek, Mayor Background On March 4, 1887 the Nebraska Legislature enacted legislation creating the Nebraska Soldiers’ and Sailors’ Home and directing it be located in Grand Island. This facility eventually became the Grand Island Veterans’ Home and for more than 126 years has been located in our community. The Veterans’ Home in Grand Island was the first in the State of Nebraska and has served as the model for subsequent Veterans’ Homes constructed and located in Bellevue, Norfolk, and Scottsbluff. During its existence of more than one and a quarter centuries, the Grand Island Veterans’ Home has housed and cared for veterans of our nation’s armed conflicts from the Civil War to the present along with peacetime veterans. In that time, the people of Grand Island have supported our nation’s veterans and the Veterans’ Home initially by purchasing and donating 640 acres of land for the Home’s location. Since the 1880s, the people of Grand Island have continued to support the Veterans’ Home and all veterans. This support has manifested itself through activities at the home and in the community. It has manifested itself through the construction and maintenance of veterans’ memorials and monuments throughout the community. Most recently, it has manifested itself through citizens organizing and financing the Heroes Flight program which transported World War II veterans to the Washington, DC memorial to that great victory. Last year, the State of Nebraska announced it would build a new Veterans’ Home and solicited proposals from cities throughout Central Nebraska for the Home’s location. The City of Grand Island will submit a proposal to retain the Veterans’ Home here in the City that has supported it and its members without fail for more than 126 years. Part of that Grand Island Council Session - 5/28/2013 Page 230 / 234 proposal will include financial assistance to support the State decision to build a new facility in Grand Island. The Council is being asked to approve two matters. The first is the City’s financial commitment of funding not to exceed three million dollars. The second matter for consideration is the approval of the authorizing official, which will be the Mayor. The final complete proposal will be submitted to the State on June 11 with a final determination to be made by the State by August 1, 2013. 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 The City Administration supports and recommends the approval of a Resolution of financial support and authorization for the Mayor to sign the proposal for the retention of the Nebraska Veterans’ Home. Sample Motion Move to approve Resolution #2013-167. Grand Island Council Session - 5/28/2013 Page 231 / 234 Approved as to Form ¤ ___________ May 24, 2013 ¤ City Attorney R E S O L U T I O N 2013-167 WHEREAS, on March 4, 1887 the Nebraska Legislature passed an Act for the establishment and maintenance of the Nebraska Soldiers’ and Sailors’ Home to be located in Grand Island; and WHEREAS, that facility is now known as the Nebraska Veterans’ Home and has been continuously located in Grand Island for more than 126 years; and WHEREAS, the Nebraska Veterans’ Home located in Grand Island was the first in the State of Nebraska and has served as the model for other Veterans’ Homes constructed and located in Bellevue, Norfolk, and Scottsbluff; and WHEREAS, the people of Grand Island have supported the Nebraska Veterans’ Home, its residents, and all veterans by initially purchasing and donating 640 acres of land for the Homes’ location; and WHEREAS, the people of Grand Island have supported the Nebraska Veterans’ Home, its residents, and all veterans, through sponsoring activities at the Home, constructing and maintaining veterans’ memorials throughout the community, and organizing and financing the Heroes’ Flight program; and WHEREAS, the people of Grand Island have supported the Nebraska Veterans’ Home and its residents which have included veterans of the nation’s armed conflicts since the Civil War and veterans who served in peacetime; and WHEREAS, in 2012 the State of Nebraska announced it would construct a new Veterans’ Home and solicited proposals from cities in Central Nebraska for its location; and WHEREAS, the City of Grand Island will be submitting a proposal to retain the Nebraska Veterans’ Home as this City is the best choice for that facility given Grand Island’s lengthy and unfailing support for the Veterans’ Home, its residents, and all veterans; and WHEREAS, part of that proposal will include a statement of financial support for the Nebraska Veterans’ Home and authorization approving the Mayor as the authorized official. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island commits itself to providing financial support for the retention of the Nebraska Veterans’ Home not to exceed three million dollars and authorizing the Mayor as the authorized official. Grand Island Council Session - 5/28/2013 Page 232 / 234 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, May 28, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 5/28/2013 Page 233 / 234 City of Grand Island Tuesday, May 28, 2013 Council Session Item J-1 Approving Payment of Claims for the Period of May 15, 2013 through May 28, 2013 The Claims for the period of May 15, 2013 through May 28, 2013 for a total amount of $4,292,555.49. A MOTION is in order. Staff Contact: RaNae Edwards Grand Island Council Session - 5/28/2013 Page 234 / 234