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10-09-2012 City Council Regular Meeting Packet City of Grand Island Tuesday, October 9, 2012 Council Session Packet City Council: Larry Carney Linna Dee Donaldson Scott Dugan Vaughn Minton John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East First Street Grand Island Council Session - 10/9/2012 Page 1 / 323 City of Grand Island Tuesday, October 9, 2012 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 Diane Covey, Spirit of Life Church, 2304 Macron 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 - 10/9/2012 Page 2 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item C1 Presentation of the “Mayor’s Builder Award” to Sara Robinson Since so many great efforts occur in our community and many unnoticed, it's important to recognize efforts that build a stronger Grand Island. As Mayor, the City will recognize those efforts with a "Mayor's Builder Award" Recognition and appearance before council and the people of Grand Island. The fourth Builders' Award will go to Sara Robinson. Ms. Robinson is a 4th grade teacher with Gates Elementary School. She received the prestigious Milken Family Foundation Educator Award along with $25,000. Sara Robinson will be recognized as a Builder of a Better Grand Island. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 10/9/2012 Page 3 / 323 Grand Island Council Session - 10/9/2012 Page 4 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item C2 Presentation of Capital Avenue Project – Webb Road to Broadwell Avenue The Capital Avenue – Webb Road to Broadwell Avenue project will improve Capital Avenue from a two- lane asphalt roadway to a five-lane concrete roadway. Other improvements include updated street lighting, new storm sewer and a 10’ concrete trail. This project is made possible through funds provided by the Nebraska Department of Roads Surface Transportation Program and the Federal Highway Administration. Matt Rief, PE, of Olsson Associates will present the proposed project and summarize feedback that was received at the August 21 Public Informational Meeting. Terry Brown, PE, Interim Public Works Director and Scott Griepenstroh, Project Manager will be available to address questions and concerns regarding the project. Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 5 / 323 Capital Avenue ProjectGrand IslandCouncil Session - 10/9/2012Page 6 / 323 •Proposed Roadway SectionTraffic ReviewGrand IslandCouncil Session - 10/9/2012Page 7 / 323 Capital Avenue ProjectGrand IslandCouncil Session - 10/9/2012Page 8 / 323 Capital Avenue ProjectGrand IslandCouncil Session - 10/9/2012Page 9 / 323 Right of Way Sensitive DesignGrand IslandCouncil Session - 10/9/2012Page 10 / 323 Webb Road IntersectionGrand IslandCouncil Session - 10/9/2012Page 11 / 323 Webb Road IntersectionGrand IslandCouncil Session - 10/9/2012Page 12 / 323 HAWK Pedestrian Signal CrossingGrand IslandCouncil Session - 10/9/2012Page 13 / 323 Broadwell Avenue IntersectionGrand IslandCouncil Session - 10/9/2012Page 14 / 323 Broadwell Avenue IntersectionDrive ClosureGrand IslandCouncil Session - 10/9/2012Page 15 / 323 Broadwell Avenue IntersectionGrand IslandCouncil Session - 10/9/2012Page 16 / 323 August 21stPublic Meeting•110‐140 attendees •33 comment forms received•Generally support project•5 comments not support project•Custer Avenue Intersection•Object to Assessment DistrictGrand IslandCouncil Session - 10/9/2012Page 17 / 323 Grand IslandCouncil Session - 10/9/2012Page 18 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item E1 Public Hearing Concerning Acquisition of Utility Easement - GI Area Economic Development Corp. - Millard Warehouse Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 10/9/2012 Page 19 / 323 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:October 9, 2012 Subject:Acquisition of Utility Easement – GI Area Economic Development Corporation - Millard Refrigerated Services Item #’s:E-1 & G-16 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Grand Island Area Economic Development Corporation located just north of the Burlington Northern Railroad tracks and east of North Highway 281, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The property is adjacent to Millard Refrigeration Services, but is owned by Grand Island Economic Development Corporation as the legal successor of the Grand Island Industrial Foundation. Discussion This easement will be used to provide electrical service to a new switch building belonging to BNSF Railroad. This is part of the double track project currently under construction. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion 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 - 10/9/2012 Page 20 / 323 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 10/9/2012 Page 21 / 323 Grand Island Council Session - 10/9/2012 Page 22 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item E2 Public Hearing Concerning Acquisition of Drainage Easements for the Southwest Outfall Drainage Project No. 2011-D-1 (The Diamond Engineering Co., Clark Gauthier, Carl & Lori Armstrong, and Kevin & Karen Houtwed) Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 23 / 323 Council Agenda Memo From:Terry Brown, Manager of Engineering Services Meeting:October 9, 2012 Subject:Public Hearing Concerning Acquisition of Drainage Easements for the Southwest Outfall Drainage Project No. 2011-D-1 (The Diamond Engineering Co., Clark Gauthier, Carl & Lori Armstrong, and Kevin & Karen Houtwed) Item #’s:E-2 & G-22 Presenter(s):Terry Brown, Interim 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. Drainage Easements are needed in the Southwest Outfall Drainage Project No. 2011-D-1 (Central Community College to the Wood River) area to accommodate the installation of storm sewer. The easements will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of drainage utilities within the easements. Discussion At tonight's meeting we are also requesting approval to acquire temporary easements on these same properties to accommodate the construction of the Southwest Outfall Drainage Project No. 2011-D-1 (Central Community College to the Wood River). 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 - 10/9/2012 Page 24 / 323 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Drainage Easements. Sample Motion Move to approve the acquisition of the Drainage Easements. Grand Island Council Session - 10/9/2012 Page 25 / 323 Grand Island Council Session - 10/9/2012 Page 26 / 323 Grand Island Council Session - 10/9/2012 Page 27 / 323 Grand Island Council Session - 10/9/2012 Page 28 / 323 Grand Island Council Session - 10/9/2012 Page 29 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item F1 #9402 - Consideration of Assessments for South Locust Business Improvement District 2012 (Second and Final Reading) Staff Contact: Marco Floreani Grand Island Council Session - 10/9/2012 Page 30 / 323 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:October 9, 2012 Subject:Approving the Assessments for South Locust Business Improvement District 2012 Item #’s:F-1 Presenter(s):Marco Floreani, Community Development Administrator Background On August 28, 2012, the City Council adopted Ordinance 2012-9395, creating the one- year appointed South Locust Business Improvement District 2012, Stolley Park Road to Fonner Park Road. The 2012-2013 Budget provides for special assessments in the amount of $6.96 per front footage for a total of $34,450.27 for the 4,950 front footage. Discussion The City Council, in its capacity as the Board of Equalization, determined the benefits of the District on September 25, 2012 and took action on the assessments as provided for in the associated Ordinance on first reading only. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the benefits for the District and related assessments. 2.Deny the benefits and assessments. Recommendation City Administration recommends that the Council approve the South Locust Business Improvement District 2012 assessments on second and final reading. Grand Island Council Session - 10/9/2012 Page 31 / 323 Sample Motion Move to approve the assessments as provided for in the related Ordinance on second and final reading. Grand Island Council Session - 10/9/2012 Page 32 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney ORDINANCE NO. 9402 An ordinance to assess and levy a special tax to pay the 2012-2013 revenue year of the South Locust Business Improvement District 2012 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; to repeal any provisions of the Grand Island City Code, ordinances, 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. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the 2012-2013 revenue year cost of South Locust Business Improvement District 2012 of the City of Grand Island, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such Business Improvement District, after due notice having been given thereof as provided by law; and a special tax for such 2012-2013 revenue year cost is hereby levied at one time upon such lots, tracts and lands as follows: Name Description Assessment Westerby/Michael J & Mandy Janisch Sub Pt Lt 1 834.92 Mcdermott/Niels C Brownell Sub xc .0051 Ac To Row Lt 1 Xc E 10' 347.86 Wiltgen Corp II Kirkpatrick Sub Lt 5 491.03 Wiltgen Corp II Kirkpatrick Sub Lt 6 483.65 Giomaha LLC Labelindo Second Sub Pt Lt 1 xc 18.3 Ft To City 1,945.88 Zana/James Scott R & R Sub Pt Lt 1 979.41 Casey'S Retail Co Pleasant Home Sub xc City E 1/2 Of S 1/2 Blk 9 977.04 Locust Street LLC Pleasant Home Sub xc City Blk 16 1,945.67 Oberg/Danny K Roepke Sub Pt Lt 2 & Pt Lt 1 1,074.21 Oberg/Danny K Roepke Second Sub Pt Lt 1 316.68 Edwards Building CORP Fonner Sub Lt 1 xc City 1,043.58 Grand Island Associates LLC Fonner Fourth Sub Lt 1 3,410.05 Grand Island Council Session - 10/9/2012 Page 33 / 323 ORDINANCE NO. 9402 (Cont.) - 2 - Far Reach LLC Fonner Second Sub xc City Lt 5 1,391.03 Far Reach LLC Fonner Second Sub xc City Lt 6 2,785.04 Three Circle Irrigation INC Fonner Third Sub Pt Lt 1 & Pt Lt 3 2,365.22 Edwards Building CORP Fonner Third Sub Replatted Pt Lt 3 974.4 Staab/Kenneth W & Rose Mary Miscellaneous Tracts 21-11-9 xc To City 52' X 257' Pt Se 1/4 Se 1/4 361.78 Staab Ph Units LLC Miscellaneous Tracts 21-11-9 Pt Se 1/4 Se 1/4 .20 Ac To City .817 Ac 940.23 Reilly/Michael J & Carey M Jnw Sub Lt 1 1,071.84 Edwards Building CORP Jnw Second Sub Lt 1 1,154.18 Sax Pizza Of America INC Sax'S Second Sub Lt 2 752.31 Braddy/Cindy Miscellaneous Tracts xc To City 21-11-9 Pt Se 1/4 Se 1/4 .78 Ac 941.48 Arec 7, LLC Miscellaneous Tracts 21-11-9 xc City Pt Se 1/4 Se 1/4 1.17 Ac 1,391.86 Sax Pizza Of America INC Sax'S Second Sub Lt 1 867.84 Goodwill Indust Of Greater Nebr Goodwill Sixth Sub Lt 2 1,282.31 Hall County Livestock Improvement ASSN Miscellaneous Tracts 22-11-9 To The City Of Grand Island Pt Sw 1/4 Sw 1/4 & Pt Nw 1/4 Sw 1/4 xc .15 A City & 1.03 Ac Fonner Rd xc .05 Ac City Xc .98 Ac City 23.97 Ac 2,306.82 Bosselman Leasing LLC R & R Sub Pt Lt 2 969.88 Preferred Enterprises LLC Fonner Fourth Sub To City Row Pt Lt 2 1,044.07 Total Amount 34,450.27 SECTION 2. The special tax shall become delinquent in fifty (50) days from date of this levy; the entire amount so assessed and levied against each lot or tract may be paid within fifty (50) days from the date of this levy without interest and the lien of special tax thereby satisfied and released. After the same shall become delinquent, interest at the rate of fourteen percent (14%) per annum shall be paid thereon. SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "South Locust Business Improvement District 2012". Grand Island Council Session - 10/9/2012 Page 34 / 323 ORDINANCE NO. 9402 (Cont.) - 3 - SECTION 5. Any provision of the Grand Island City Code, any ordinance, or part of an ordinance in conflict herewith is hereby repealed. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 9, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 35 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item F2 #9403 - Consideration of Request to Rezone Property Located at 2430 & 2522 Stolley Park Road and 2433 & 2425 Del Mar Avenue – Hornady Subdivision from R2 Low Density Residential to RD Residential Development. (Second and Final Reading) Staff Contact: Chad Nabity Grand Island Council Session - 10/9/2012 Page 36 / 323 Council Agenda Memo From: Regional Planning Commission Meeting: October 9, 2012 Subject: Rezone Properties located North of Stolley Park Road and West of Arthur Street from R2 – Low Density Residential to RD – Residential Development Zone Item #’s: F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning a request to rezone properties consisting of 7.822 acres located north of Stolley Park Road and west of Arthur Street from R2 – Low Density Residential to RD Residential Development Zone. Discussion At the regular meeting of the Regional Planning Commission, held September 5, 2012 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity told the board an application has been made to rezone 7.822 acres located north of Stolley Park Road and west of Arthur Street from R2 – Low Density Residential to RD – Residential Development Zone. The developers are proposing to build twenty townhouse units Dayle Schutte of 1742 Arthur Street, asked about where sewage from the development would be taken and where stormwater would flow. She noted there have been numerous sewer backups in the neighborhood, primarily after heavy rains, when stormwater infiltrates the sanitary sewer system. Nabity explained the City is working to improve the sanitary sewer lift station that serves there area. Work is being done now and once that is complete this should help resolve the backup problem. Nabity also said the City is installing a drainage outlet to the cell at Blaine and Stolley Park. This water will drain water to the Central Community College area then out to the Wood River. Grand Island Council Session - 10/9/2012 Page 37 / 323 O’Neill closed the Public Hearing. A motion was made by Ruge and seconded by Reynolds to approve the Rezone from R2 – Low Density Residential to RD – Residential Development Zone. A motion was also made simultaneously to approve the Preliminary Plat and Final Plat for Hornady Second Subdivision. A roll call vote was taken and the motion passed with 10 members present and voting in favor (Amick, Eriksen, Connelly, McCarty, Snodgrass, O’Neill, Bredthauer, Ruge, Reynolds and Haskins) and no one voting against. The Planning Director’s recommendation to the Planning Commission is also attached to this recommendation from the Planning Commission. 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. Sample Motion Move to approve the rezone request for property platted as 23 Lots of Hornady Second Subdivision. Grand Island Council Session - 10/9/2012 Page 38 / 323 Grand Island Council Session - 10/9/2012 Page 39 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney ORDINANCE NO. 9403 An ordinance rezoning certain tracts of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising all of Lots Two (2) Three (3), Four (4), and Five (5), of Hornady Subdivision in the City of Grand Island, Hall County, Nebraska, from R2-Low Density Residential Zone to RD-Residential Development Zone; 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 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on September 5, 2012, 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 Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, after public hearing on September 25, 2012, 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. The following tract of land is hereby rezoned and reclassified and changed from R2-Low Density Residential Zone to RD-Residential Development Zone: all of Lots Two (2) Three (3), Four (4), and Five (5), of Hornady Subdivision in the City of Grand Island, Hall County, Nebraska, SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-44 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Grand Island Council Session - 10/9/2012 Page 40 / 323 ORDINANCE NO. 9403 (Cont.) - 2 - 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. Enacted: October 9, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 41 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item F3 #9404 - Consideration of Vacation of a Portion of Del Mar Avenue in Hornady Subdivision (JEH Holdings, LLC) (Second and Final Reading) Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 42 / 323 Council Agenda Memo From:Terry Brown, Manager of Engineering Services Meeting:October 9, 2012 Subject:Consideration of Vacation of a Portion of Del Mar Avenue in Hornady Subdivision (JEH Holdings, LLC) Item #’s:F-3 Presenter(s):Terry Brown, Interim Public Works Director Background Council action is required for vacation of a public street. Discussion JEH Holdings, LLC is developing Hornady Subdivision and is requesting to vacate a potion of Del Mar Avenue to accommodate replatting of the subdivision. This vacation will allow for new street access, easement, and lots. 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 Recommendation City Administration recommends that the Council approve the request for the vacation of a portion of Del Mar Avenue. Sample Motion Move to approve the Ordinance. Grand Island Council Session - 10/9/2012 Page 43 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney ORDINANCE NO. 9404 An ordinance to vacate a portion of the public street on the west side of Del Mar Avenue; a vacation of right-of-way of part of Del Mar Avenue in the City of Grand Island in part of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and to provide for filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of the public street consisting of a tract of land comprising that portion of Del Mar Avenue in the City of Grand Island in part of the Southeast Quarter of the Southeast Quarter (SE ¼, SE ¼) of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF THE SE ¼, SE ¼; THENCE ON AN ASSUMED BEARING OF N9000’00”W, ALONG THE SOUTH LINE OF SAID SE ¼, SE ¼, • THIS SPACE RESERVED FOR REGISTER OF DEEDS • Grand Island Council Session - 10/9/2012 Page 44 / 323 ORDINANCE NO. 9404 (Cont.) - 2 - A DISTANCE OF 175.00 FEET; THENCE N0107’46”E A DISTANCE OF 333.03 FEET TO A POINT BEING THE NORTHEAST CORNER OF LOT 1, HORNADY SUBDIVISION; THENCE N8959’22”W A DISTANCE OF 130.00 FEET; THENCE N0108’39”W A DISTANCE OF 288.74 FEET TO A POINT ON THE SOUTH RIGHT OF WAY (R.O.W.) LINE OF DEL MAR AVENUE; THENCE S8849’09”W, ALONG SAID SOUTH R.O.W. LINE, A DISTANCE OF 37.44 FEET TO A POINT OF CURVATURE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE AROUND A CURVE IN A COUNTER CLOCK-WISE DIRECTION WITH A DELTA ANGLE OF 2428’25”, HAVING A RADIUS OF 95.00 FEET, AND CHORD BEARING OF S7653’28”W A CHORD DISTANCE OF 40.27 FEET; THENCE AROUND A CURVE IN A CLOCK-WISE DIRECTION WITH A DELTA ANGLE OF 24558’46”, HAVING A RADIUS OF 51.50 FEET, AND CHORD BEARING OF N8743’00”W A CHORD DISTANCE OF 86.39 FEET; THENCE N3516’23”E A DISTANCE OF 32.86 FEET; THENCE S4602’28”E A DISTANCE OF 3.11 FEET; TEHNCE S4616’42”E A DISTANCE OF 29.92 FEET; THENCE N8849’09”E A DISTANCE OF 82.72 FEET TO THE POINT OF BEGINNING. SAID VACATION CONTAINS A CALCULATED AREA OF 7,973.45 SQUARE FEET OR 0.18 ACRES MORE OR LESS. Such public street to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this Ordinance shall revert to the abutting properties. SECTION 3. This Ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 9, 2012 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 45 / 323 Grand Island Council Session - 10/9/2012 Page 46 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item F4 #9405 - Consideration of Vacation of a Utility Easement Located in Hornady Subdivision (JEH Holdings, LLC) (Second and Final Reading) Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 47 / 323 Council Agenda Memo From:Terry Brown, Manager of Engineering Services Meeting:October 9, 2012 Subject:Consideration of Vacation of a Utility Easement Located in Hornady Subdivision (JEH Holdings, LLC) Item #’s:F-4 Presenter(s):Terry Brown, Interim Public Works Director Background A permanent utility easement was filed with Hall County on November 21, 2008, as part of the Hornady Subdivision. There are no conflicts with utilities. Discussion The developer of Hornady Subdivision has requested that a portion of the permanent utility easement be vacated to allow for redesign of the development. This vacation will allow for lot/building expansion and the majority of the easement will be rededicated as an outlot/drainage easement. 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 - 10/9/2012 Page 48 / 323 Recommendation City Administration recommends that the Council approve the passing of an ordinance vacating the utility easement in Hornady Subdivision. Sample Motion Move to approve the passing of an ordinance vacating the utility easement in Hornady Subdivision. Grand Island Council Session - 10/9/2012 Page 49 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO.9405 An ordinance to vacate an existing utility easement and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing utilities easement located in a tract of land comprising that portion of Hornady Subdivision, more particularly described as follows: PART OF LOT 4, HORNADY SUBDIVISION IN THE CITY OF GRAND ISLAND IN PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE ¼, SE ¼) OF SECTION TWENTY (20), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SE ¼, SE ¼; THENCE ON AN ASSUMED BEARING OF N9000’00”W, ALONG THE SOUTH LINE OF SAID SE ¼, SE ¼, A DISTANCE OF 175.00 FEET; THENCE N0107’46”W A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF STOLLEY PARK ROAD AND THE WEST R.O.W. LINE OF ARTHUR STREET, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 1, HORNADY SUBDIVISION; THENCE N9000’00”W, ALONG SAID NORTH R.O.W. LINE, A DISTNACE OF 584.68 FEET TO A POINT BEING THE SOUTHWEST CORNER OF LOT 3, HORNADY SUBDIVISION; THENCE N0042’56”E, ALONG THE WEST LINE OF SAID LOT 3, A Grand Island Council Session - 10/9/2012 Page 50 / 323 ORDINANCE NO. 9405 (Cont.) - 2 - DISTANCE OF 182.38 FEET TO A WESTERLY CORNER OF SAID LOT 3; THENCE N3516’23”E A DISTANCE OF 219.37 FEET TO THE POINT OF BEGINNING; THENCE N1350’22”E A DISTANCE OF 142.20 FEET; THENCE N2331’44”E A DISTANCE OF 32.25 FEET; THENCE N3516’23”E A DISTANCE OF 139.77 FEET TO A POINT ON THE WEST LINE OF LOT 20, BLOCK 5, BEL AIR ADDITION; THENCE S4558’46”E, ALONG SAID WEST LINE, A DISTANCE OF 59.21 FEET; THENCE S3516’23”W A DISTANCE OF 294.70 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 13,099.94 SQUARE FEET OR 0.30 ACRES MORE OR LESS. is hereby vacated. Such easement to be vacated is shown and more particularly described on Exhibit A attached hereto. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 9, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 51 / 323 Grand Island Council Session - 10/9/2012 Page 52 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item F5 #9406 – Consideration of Vacation a Part of Outlot A Lake Heritage Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 10/9/2012 Page 53 / 323 Council Agenda Memo From: Regional Planning Commission Meeting: October 9, 2012 Subject: Vacating a Portion of Outlot A of Lake Heritage Second Subdivision Item #’s: F-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Blaine Street, and north of Bass Road, in the City of Grand Island, in Hall County, Nebraska. Lake Heritage Second Subdivision was platted by Doralene Niedfelt in 2010. Outlot A includes the lake and was intended for further development. The owner of the property wishes to retain a 22 foot strip of property at the southeast corner of the outlot and have it included with her adjoining property. In order to join this platted tract to the unplatted tract it is necessary vacate a portion of the platted Outlot A. Discussion Council will be considering both the request to vacate a portion of Outlot A of the existing subdivision and to approve new subdivision for the remainder of Outlot A at this meeting on October 9, 2012. The ordinance to vacate this subdivision is subject to a requirement that the developer of Lake Heritage Third Subdivision files the new plat within 60 days of approval of this ordinance and files a consolidation deed for this vacated portion of Outlot A and the adjoining property. The request to vacate a portion of Outlot A of Lake Heritage Second Subdivision was considered by the Regional Planning Commission at the October 3rd, 2012 meeting. A motion was made by Ruge and seconded by Connelly to approve the request. A roll call vote was taken and the motion passed with 9 members present (McCarty, Reynolds, O’Neill, Hayes, Bredthauer, Connelly, Eriksen, Ruge and Haskins voting in favor, no member present abstaining. Grand Island Council Session - 10/9/2012 Page 54 / 323 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 ordinance as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 10/9/2012 Page 55 / 323 Grand Island Council Session - 10/9/2012 Page 56 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney ORDINANCE NO. 9406 An ordinance to vacate a portion of Outlot A of Lake Heritage Second Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Hall County Register of Deeds; and to provide for publication and the effective date of this ordinance. WHEREAS, the current owner of Outlot A of Lake Heritage Second Subdivision has requested that the City consider vacating a portion of that Outlot; and WHEREAS, a plat for Lake Heritage Third Subdivision encompassing the reminder of Outlot A of Lake Heritage Second Subdivision has been filed by the current owner and recommended for approval by the Hall County Regional Planning Commission ; and WHEREAS, this will have no impact on the rights-of-way or development of utilities to serve said property; and WHEREAS, development of this property as proposed will provide needed housing units in an effective and efficient manner; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the portion of Outlot A of Lake Heritage Second Subdivision described as: PART OF OUTLOT A, LAKE HERITAGE SECOND SUBDIVISION IN THE NORTHWEST QUARTER (NW ¼ OF THE NORTHWEST QUARTER (NW ¼) OF SECTION THIRTY THREE (33), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Grand Island Council Session - 10/9/2012 Page 57 / 323 ORDINANCE NO. 9406 (Cont.) - 2 - BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW ¼) OF THE NORTHWEST QUARTER (NW ¼) OF SAID SECTION THIRTY THREE (33); ASSUMING THE BEARING OF THE SOUTH LINE OF THE NORTHWEST QUARTER (NW ¼) OF SAID NORTHWEST QUARTER IS S89°36’13” W AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW ¼ NW ¼) A DISTANCE OF 22.00 FEET; THENCE N 01°46’48”W A DISTANCE OF 228.48 FEET; THENCE S77°35’34” E A DISTANCE OF 22.44 FEET TO THE EAST LINE OF SAID NW ¼ OF THE NW ¼; THENCE S 01°46’48” E A DISTANCE OF 223.81 FEET TO THE PLACE OF BEGINNING. SAID TRACT CONTAINS 0.11 ACRES MORE OR LESS. Is hereby vacated conditioned upon; Approval of Lake Heritage Third Subdivision by the Grand Island City Council; And Filing of Lake Heritage Third Subdivision at the office of the Hall County Register of Deeds within 60 days of approval of this ordinance And Filing of a consolidation deed for that portion of Outlot A vacated by this ordinance and the unplatted tract of ground immediately adjoining to the east of this tract within 60 day of approval of this ordinance. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the property platted as Outlot A of Lake Heritage Third Subdivision in the City of Grand Island, Hall County, Nebraska Grand Island Council Session - 10/9/2012 Page 58 / 323 ORDINANCE NO. 9406 (Cont.) - 3 - SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 9, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 59 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item F6 #9407 – Consideration of Ordinance Prohibiting Discrimination in Employment, Housing, and Public Accommodations against Persons based on their Sexual Orientation or Gender Identity Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 10/9/2012 Page 60 / 323 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:October 9, 2012 Subject:Consideration of Ordinance Prohibiting Discrimination in Employment, Housing, and Public Accommodations against Persons based on their Sexual Orientation or Gender Identity Item #’s:F-6 Presenter(s): Councilman Larry Carney Background On October 2, 2012 this matter was the topic of a Study Session of the Grand Island City Council (Council). The City of Grand Island (City) Legal Department was directed by Councilman Carney to draft an Ordinance for consideration at the regular meeting of the Council scheduled for October 9, 2012. The Ordinance before you for consideration is the result of the City Legal Department’s efforts to comply with that directive. On July 11, 2006 the Council approved Ordinance 9053 which repealed Chapter 11 of the Grand Island City Code, the chapter addressing civil rights. That chapter protected persons from discrimination in employment, housing, and public accommodations based upon their race, color, creed, religion, ancestry, sex, marital status, national origin, age, or disability. The repeal of Chapter 11 was done because the rights addressed therein and the enforcement of those rights was also addressed in State law and by State agencies. Both United States and Nebraska law prohibits discrimination against persons who are members of protected classes such as race, religion, and ethnic origin. However, neither the laws of the United States or the State of Nebraska consider sexual orientation to be a protected class and thus offer no protection to persons suffering discrimination as a result of being gay, lesbian, bisexual, or transgendered (GLBT). In recent years some States and numerous cities have enacted laws offering such protection lacking at the Federal or State level. In 2012 two Nebraska cities (Omaha and Lincoln) enacted ordinances prohibiting discrimination based on sexual orientation. Nebraska Attorney General Jon Bruning issued an opinion stating neither City had the right to expand civil rights protections to additional protected classes without a vote of Grand Island Council Session - 10/9/2012 Page 61 / 323 the electorate approving such a revision of their City charters. Both the Omaha and Lincoln City Attorneys rejected the legal reasoning in the Attorney General’s opinion. Presently the Omaha ordinance is facing possible repeal through referendum and the Lincoln ordinance has already suffered such a fate. Discussion The trend in American law is the expansion of Civil Rights protections. In recent years these protections have been afforded to the GLBT community either through the enactment of anti-discrimination laws or the expansion of marriage and adoption rights. It is debatable if these legal developments are a result of changing societal attitudes or societal attitudes have changed in response to the expansion of civil rights. Nonetheless, these changes are taking place not only in the legal arena but in communities and workplaces. Tolerance of homosexuality has increased over the last few decades as evidenced by the fact 477 of the Fortune 500 companies have written company policies prohibiting discrimination based on sexual orientation. The Ordinance before you for consideration was written after taking into account the content of the Omaha and Lincoln ordinances as well as other legal authorities. The City Legal Department had an extremely short time frame to draft this Ordinance. In addition, as a result of Ordinance 9053 which eliminated all existing City civil rights laws, the City Legal Department had nothing to build this Ordinance on or around. For those reasons, it was written with an eye on simplicity with language designed to best withstand any legal challenges. In addition, it was written as a framework in the event the Council wished to revisit the issue of memorializing civil rights for other protected classes in the City Code or the City Personnel Rules and Regulations. 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 has no recommendation on this Ordinance. Grand Island Council Session - 10/9/2012 Page 62 / 323 Sample Motion Move to approve Ordinance 9407 prohibiting discrimination in employment, housing, and public accommodations against persons based on their sexual orientation or gender identity. Grand Island Council Session - 10/9/2012 Page 63 / 323 12-45 Introduce: 4-30-12 ORDINANCE NO. _________________ AN ORDINANCE amending Title 11 of the Lincoln Municipal Code, Equal1 Opportunity, and Chapter 2.76 of the Lincoln Municipal Code, the City’s Personnel Rules and2 Regulations, to prohibit discrimination on the basis of sexual orientation or gender identity. 3 WHEREAS, it has long been the policy of the City of Lincoln to encourage and foster4 employment of people in the City on the basis of merit and to prevent discrimination based on5 characteristics that are unrelated to a person’s abilities and productivity. 6 WHEREAS, a person’s sexual orientation and gender identity are not related to his or7 her abilities or productivity in the workforce.8 WHEREAS, it is good public policy to welcome and support business owners who9 employ workers based on their talents and work ethic rather than on the basis of sexual orientation10 or gender identity. 11 WHEREAS, denying equal opportunity for employment due to sexual orientation or12 gender identity is contrary to American principles of freedom and is a burden on the economic and13 cultural growth of the City of Lincoln. 14 WHEREAS, it is the policy of the City of Lincoln to promote the full and equal15 enjoyment of any place of public accommodation without discrimination or segregation.16 BE IT ORDAINED by the City Council of the City of Lincoln, Nebraska:17 Section 1. That Section 11.01.010 of the Lincoln Municipal Code be amended to read18 as follows:19 Grand Island Council Session - 10/9/2012 Page 64 / 323 -2- 11.01.010 Definitions. 1 As used in this title, the following terms shall mean:2 Age shall mean the age of any individual from forty years of age and above.3 Aggrieved person shall mean any person who (1) claims to have been injured by a4 discriminatory housing practice, or (2) believes that such person will be injured by a discriminatory5 housing practice that is about to occur.6 Attorney shall mean the City Attorney or a member of that department's staff.7 Commission shall mean the Commission on Human Rights of the City of Lincoln, Nebraska8 or any members of the Commission who may be assigned by the Commission to hear complaints9 by public hearing proceedings.10 Complainant shall mean the person, including the Commission, who files a complaint under11 this title.12 Conciliation shall mean the attempted resolution of issues raised by a complaint or by the13 investigation of a complaint through informal negotiations involving the aggrieved person, the14 respondent, and the Commission.15 Covered multi-family dwelling shall mean:16 (1) A building consisting of four or more units if such building has one or more17 elevators; and18 (2) Ground-floor units in any other building consisting of four or more units.19 Disability shall mean, with respect to a person:20 (1) A physical or mental impairment which substantially limits one or more of such21 person's major life activities;22 (2) A record of having such an impairment; or23 Grand Island Council Session - 10/9/2012 Page 65 / 323 -3- (3) Being regarded as having such an impairment.1 Disability shall not include current, illegal use of or addiction to a controlled substance2 as defined by state law. 3 Discriminatory housing practice shall mean an act that is unlawful as provided by Chapter4 11.06.5 Dwelling shall mean any building, structure, or portion thereof or mobile home which is6 occupied as, or designed or intended for occupancy as, a residence for one or more families, and any7 vacant land which is offered for sale or lease for the construction or location of any such building,8 structure, or portion thereof, or mobile home.9 Employee shall mean an individual employed by an employer, or an applicant for10 employment.11 Employer shall mean a person engaged in an industry who has four or more employees for12 each working day in each of twenty or more calendar weeks in the current or preceding calendar13 year, and any agent of such person, but such term does not include (1) the United States government,14 a corporation wholly owned by the government of the United States, or an Indian tribe; or (2) the15 State of Nebraska; or (3) the County of Lancaster; or (4) a bona fide private membership club, other16 than a labor organization, which is exempt from taxation under Section 501(c) of the Internal17 Revenue Code of 1954; or (5) a religious organization.18 Employment agency shall mean any person regularly undertaking with or without19 compensation to procure employees for an employer or to procure for employees opportunities to20 work for an employer and includes an agent of such person.21 Equal Opportunity Officer shall mean the duly appointed Equal Opportunity Officer of the22 City of Lincoln or the designated representative of such person.23 Grand Island Council Session - 10/9/2012 Page 66 / 323 -4- Familial status shall mean one or more minors being domiciled with: 1 (1) A parent or other person having legal custody of such individual; or2 (2) The designee of a parent or other person having legal custody, with the written3 permission of the parent or other person.4 The protections afforded against discrimination on the basis of familial status shall5 apply to any person who is pregnant or is in the process of securing legal custody of any minor.6 Family shall include a single individual.7 Gender identity shall mean the actual or perceived appearance, expression, identity, or8 behavior of a person as being male or female, whether or not that appearance, expression, identity,9 or behavior is different from that traditionally associated with the person’s designated sex at birth.10 Housing for older persons shall mean:11 (1) Housing provided under any federal, state, or local program that the Secretary of12 Housing and Urban Development or the Commission determines is specifically designed and13 operated to assist elderly persons as defined in the federal, state, or local program; 14 (2) Housing intended for, and solely occupied by, persons sixty-two years of age or15 older; or16 (3) Housing intended and operated for occupancy by at least one person fifty-five17 years of age or older per unit. In determining whether housing qualifies as housing for older persons18 under this subsection, the Commission shall develop regulations which require at least the following19 factors:20 A. The existence of significant facilities and services specifically designed to21 meet the physical or social needs of older persons or, if the provision of such22 Grand Island Council Session - 10/9/2012 Page 67 / 323 -5- facilities and services is not practicable, that such housing is necessary to1 provide important housing opportunities for older persons;2 B. That at least eighty percent of the units are occupied by at least one person3 fifty-five years of age or older per unit; and4 C. The publication of and adherence to policies and procedures which5 demonstrate an intent by the owner or manager to provide housing for6 persons fifty-five years of age or older.7 Housing shall not fail to meet the requirements of housing for older persons by reason of:8 (i) Persons residing in the housing as of the effective date of this ordinance9 who do not meet the age requirements of (2) or (3) above if succeeding10 occupants of the housing meet the age requirements; or11 (ii) Unoccupied units if the units are reserved for occupancy by persons who12 meet the age requirements.13 Labor organization shall mean any organization which exists wholly or in part for one or14 more of the following purposes: Collective bargaining; dealing with employers concerning15 grievances, terms, or conditions of employment; or of mutual aid or protection in relation to16 employment.17 Person shall include one or more individuals, corporations, partnerships, associations, labor18 organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated19 organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.20 Private membership club shall mean one that is organized and operated exclusively for21 pleasure, recreation, and other nonprofitable purposes, but if any part of its earnings is used to the22 benefit of any private shareholder or member thereof, it shall be deemed not to be a private club.23 Grand Island Council Session - 10/9/2012 Page 68 / 323 -6- A club which engages in business, such as making its social and recreational facilities available to1 the general public, shall not be deemed to be a private club. Generally, it is the intent of this2 definition to apply to social and recreational clubs which are supported solely by membership fees,3 dues, and assessment.4 Public accommodations shall mean all places or businesses offering or holding out to the5 general public goods, services, privileges, facilities, advantages, and accommodations for the peace,6 comfort, health, welfare, and safety of the general public and such public places providing food,7 shelter, recreation, and amusement including, but not limited to:8 (1) Any inn, hotel, motel, or other establishment which provides lodging to transient9 guests, other than an establishment located within a building which contains not more than five10 rooms for rent or hire and which is actually occupied by the proprietor of such establishment as such11 proprietor's residence;12 (2) Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other13 facility principally engaged in selling food for consumption on the premises, including, but not14 limited to, any such facility located on the premises of any retail establishment;15 (3) Any gasoline station, including all facilities located on the premises of such16 station and made available to the patrons thereof;17 (4) Any motion picture house, theater, concert hall, sports arena, stadium, or other18 place of exhibition or entertainment;19 (5) Any public facility owned, operated, or managed by or on behalf of the City of20 Lincoln or any agency thereof, or any public corporation, and any such facility supported in whole21 or in part by public funds; and22 Grand Island Council Session - 10/9/2012 Page 69 / 323 -7- (6) Any establishment which is physically located within the premises of any1 establishment otherwise covered by this section or within the premises of which is physically located2 any such covered establishment, and which holds itself out as serving patrons of such covered3 establishment.4 Qualified individual with a disability shall mean an individual with a disability who, with5 or without reasonable accommodation, can perform the essential functions of the employment6 position that such individual holds or desires. For the purposes of this title, consideration shall be7 given to the employer's judgment as to what functions of a job are essential, and if an employer has8 prepared a written description before advertising or interviewing applicants for the job, this9 description shall be considered evidence of the essential functions of the job.10 Reasonable accommodation shall include making existing facilities used by employees11 readily accessible to and usable by individuals with disabilities, job-restructuring, part-time or12 modified work schedules, reassignment to a vacant position, acquisition or modification of13 equipment or devices, appropriate adjustment or modification of examinations, training manuals,14 or policies, the provision of qualified readers or interpreters, and other similar accommodations for15 individuals with disabilities. Reasonable accommodation shall not include accommodations which16 the employer can demonstrate require significant difficulty or expense thereby posing an undue17 hardship upon the employer. Factors to be considered in determining whether an accommodation18 would pose an undue hardship shall include:19 (1) The nature and the cost of the accommodation needed under this title;20 (2) The overall financial resources of the facility or facilities involved in the21 provision of the reasonable accommodation, the number of persons employed at such facility, the22 Grand Island Council Session - 10/9/2012 Page 70 / 323 -8- effect on expenses and resources, or the impact otherwise of such accommodation upon the1 operation of the facility;2 (3) The overall financial resources of the employer, the overall size of the business3 of the employer with respect to the number of its employees, and the number, type, and location of4 its facilities; and5 (4) The type of operation or operations of the employer, including the composition,6 structure, and functions of the work force of such employer, and the geographic separateness and7 administrative or fiscal relationship of the facility or facilities in question to the employer.8 Residential real estate-related transaction, as used in this title, shall mean:9 (1) The making or purchasing of loans or providing other financial assistance (i) for10 purchasing, constructing, improving, repairing, or maintaining a dwelling; or (ii) secured by11 residential real estate.12 (2) The selling, brokering, or appraising of residential real property.13 Respondent shall mean:14 (1) The person or other entity accused in a complaint of an unfair housing practice;15 and16 (2) Any other person or entity identified in the course of an investigation and notified17 as required with respect to respondents so identified under this title. 18 Restrictive covenants shall mean any specification limiting the transfer, rental, or lease of19 any real property because of race, color, religion, sex, sexual orientation, gender identity, disability,20 national origin, familial status, ancestry, age, or marital status.21 Sexual orientation shall mean actual or perceived heterosexuality, homosexuality, or22 bisexuality.23 Grand Island Council Session - 10/9/2012 Page 71 / 323 -9- Because of sex or on the basis of sex shall include, but not be limited to, because of or on1 the basis of pregnancy, childbirth, or related medical conditions.2 Title shall mean Title 11 of the Lincoln Municipal Code.3 To rent shall include to lease, to sublease, to let, and otherwise to grant for consideration4 the right to occupy the premises not owned by the occupant. 5 Section 2. That Section 11.01.020 of the Lincoln Municipal Code be amended to read6 as follows: 7 11.01.020 Protection, Preservation, and Perpetuation of Constitutional Rights.8 It is the policy of the City of Lincoln to foster equal opportunity to all persons in the City9 regardless of their race, color, religion, sex, sexual orientation, gender identity, disability, national10 origin, familial status, ancestry, age, or marital status. Denying equal access to places of public11 accommodation or equal opportunity for housing or employment because of race, color, religion,12 sex, sexual orientation, gender identity, disability, national origin, familial status, handicap, age,13 ancestry, or marital status is contrary to the principles of freedom and is a burden upon the14 objectives of the aforestated public policy of the City of Lincoln. It is the intent, purpose, and public15 policy of the City of Lincoln to protect, preserve, and perpetuate all constitutional rights, including16 the constitutional right to freely speak, write, and publish on all lawful subjects, including the right17 to make a comprehensive distribution of such printed material, either commercial or noncommercial,18 by using the most effective lawful means or methods.19 Section 3. That Section 11.02.040 of the Lincoln Municipal Code be amended to read20 as follows:21 Grand Island Council Session - 10/9/2012 Page 72 / 323 -10- 11.02.040 Commission on Human Rights; Powers and Duties. 1 The provisions of this title shall be administered by the Commission on Human Rights for2 the City of Lincoln. The City Attorney is granted the authority to enforce this title. In carrying out3 the provisions of this title, the Commission shall act as an advisory body to the Mayor, City Council,4 and Equal Opportunity Officer on all matters within its jurisdiction and shall have the power to:5 (a) Review those actions of the Equal Opportunity Officer as provided by this title, and6 affirm or reverse such actions as may be necessary to further the purposes of this title. If any such7 actions are reversed, the Commission shall then direct the Equal Opportunity Officer in appropriate8 courses of action to further such purposes.9 (b) Institute actions to educate the public as to unlawful discriminatory practices and the10 enforcement measures provided in this title for the prevention and punishment of such practices.11 (c) Enforce the provisions of this title by appropriate measures, including the requiring of12 affirmative action on the part of violators of such provisions in order to correct such violations, and13 by ordering such violators to cease and desist from doing any act in violation of this title.14 (d) Seek to eliminate and prevent discrimination in places of public accommodation,15 housing, and employment as provided in this title on the basis of race, color, religion, sex, sexual16 orientation, gender identity, disability, national origin, familial status, ancestry, age, or marital17 status.18 (e) Effectuate the purposes of this title by conference, conciliation, and persuasion so that19 persons may be guaranteed their civil rights and goodwill may be fostered.20 (f) Formulate policies to effectuate the purposes of this title and to make recommendations21 to agencies and officers of the city government in aid of such policies and purposes, and to advocate22 Grand Island Council Session - 10/9/2012 Page 73 / 323 -11- for the rights of women, minorities, and disabled individuals and promote causes in the name of the1 Commission before agencies and legislative bodies on matters of human rights.2 (g) Designate one or more members of the Commission, or the Equal Opportunity Officer,3 or the Equal Opportunity Officer's staff and such other persons who may be retained for such4 purpose to conduct investigations of any complaint alleging discrimination because of race, color,5 religion, sex, sexual orientation, gender identity, disability, national origin, familial status, ancestry,6 age, or marital status, and in aid of such investigation, subpoena records or witnesses and compel7 their attendance, and to attempt to resolve such complaint by conference, conciliation, or persuasion8 and conduct such conciliation meetings and conferences as are deemed necessary to resolve a9 particular complaint.10 (h) Determine whether reasonable cause exists to credit the allegations of a complaint;11 provided, that reasonable cause may be determined by any Commission committee of at least three12 commissioners or a Commission-appointed hearing officer, and such committee's or hearing officer's13 actions shall be deemed to be the action of the Commission.14 (i) Determine that a complaint cannot be resolved by conference, conciliation, or15 persuasion.16 (j) Dismiss complaints when it is determined there is not reasonable cause to credit the17 allegations of a complaint, or when a complainant requests the withdrawal of such complaint.18 In the event that a complainant cannot be reasonably located, or circumstances are such19 that the complainant's complaint cannot be finally disposed of, the Commission shall have authority20 to administratively close such investigation of such complaint. If no further action is taken on such21 claim for a period of four years from the date of closure, the complaint shall then be deemed22 dismissed without prejudice.23 Grand Island Council Session - 10/9/2012 Page 74 / 323 -12- (k) Hold hearings in aid thereof, subpoena witnesses and compel their attendance, and1 administer oaths, take testimony of any person under oath and in connection therewith require for2 examination any books or papers relating to any matter under investigation or in question before the3 Commission.4 (l) Issue publications and the results of studies and research which will tend to promote5 goodwill and minimize or eliminate discrimination because of race, color, religion, sex, sexual6 orientation, gender identity, disability, national origin, familial status, ancestry, age, or marital7 status.8 (m) Recommend damages, based on actual pecuniary loss or such damages as the9 Commission or Commission-appointed hearing officer may determine should be assessed against10 a respondent violating the provisions of this title. Additionally, the Commission may require such11 other remedial measures to accomplish the purposes of this title as the Commission may deem12 necessary. Such remedial measures may include directing the display of equal access to public13 accommodations or housing posters, equal employment posters, and such other informational14 materials as the Commission may deem appropriate.15 (n) The Commission may file in a like manner a verified complaint of an alleged unfair16 discriminatory practice whenever there is reason to believe an unfair discriminatory practice has17 occurred, but this complaint must contain a bill of particulars setting out dates, names of witnesses,18 and the facts upon which the complaint if based. 19 (o) The Commission may, after the filing of a complaint, request the City Attorney to20 institute appropriate legal proceedings to protect the rights and privileges of the complainant21 provided by this title. 22 Grand Island Council Session - 10/9/2012 Page 75 / 323 -13- Section 4. That Title 11 of the Lincoln Municipal Code be amended so that the section1 numbered 11.04.010 reads as follows:2 11.04.010 Full and Equal Enjoyment of Place of Public Accommodation.3 All persons within the City of Lincoln shall be entitled to a full and equal enjoyment of any4 place of public accommodation, as defined in Section 11.01.010 without discrimination or5 segregation on the grounds of race, color, sex, sexual orientation, gender identity, religion, national6 origin, ancestry, disability, or marital status. Every totally or partially blind person shall have the7 right to be accompanied by a dog guide, especially trained for the purpose, in any place of public8 accommodation without being required to pay an extra charge for the dog guide.9 Section 5. That Section 11.04.030 of the Lincoln Municipal Code be amended to read10 as follows:11 11.04.030 Refusal, Withholding From, or Denial of, Public Accommodations; Unlawful.12 Any person who directly or indirectly refuses, withholds from, denies or attempts to13 refuse, withhold, or deny to any person the accommodations, advantages, facilities, services, or14 privileges otherwise available in a place of public accommodation on the basis of race, color, sex,15 sexual orientation, gender identity, religion, national origin, ancestry, disability, or marital status16 shall be guilty of discriminatory practice and shall be subject to the penalties set forth in this title.17 Section 6. That Section 11.04.060 of the Lincoln Municipal Code be amended to read18 as follows:19 11.04.060 Religious Organization Exempt; Conditions.20 Any place of public accommodation owned by or operated on behalf of a religious21 corporation, association, or society which gives preference in the use of such place to members of22 the same faith as that of the administering body shall not be guilty of discriminatory practice. If a23 Grand Island Council Session - 10/9/2012 Page 76 / 323 -14- place of public accommodation owned by or operated on behalf of a religious organization is made1 available for use only to members of the same faith as that of the administering body, the provisions2 concerning discriminatory practices that relate to sexual orientation and gender identity shall not3 apply.4 Section 7. That Section 11.06.020 of the Lincoln Municipal Code be amended to read5 as follows:6 11.06.020 Unlawful Acts Enumerated.7 Except as exempted by Section 11.06.070, it shall be unlawful to:8 (a) Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for9 the sale or rental of, or otherwise make unavailable or deny, or to refuse to show, or to refuse to10 receive and transmit an offer for, a dwelling to any person because of race, color, religion, sex,11 sexual orientation, gender identity, disability, national origin, familial status, handicap, ancestry, or12 marital status;13 (b) Discriminate against any person in the terms, conditions, privileges of sale or rental of14 a dwelling, or in the provision of service or facilities in connection therewith, because of race, color,15 religion, sex, sexual orientation, gender identity, disability, national origin, familial status, handicap,16 ancestry, or marital status;17 (c) Make, print, or publish, or cause to be made, printed, or published, any notice,18 statement, or advertisement with respect to the sale or rental of a dwelling that indicates any19 preference, limitation, or discrimination based on race, color, religion, sex, sexual orientation,20 gender identity, disability, national origin, familial status, handicap, ancestry, or marital status, or21 an intention to make any such preference, limitation, or discrimination;22 Grand Island Council Session - 10/9/2012 Page 77 / 323 -15- (d) Represent to any person because of race, color, religion, sex, sexual orientation, gender1 identity, disability, national origin, familial status, handicap, ancestry, or marital status, that any2 dwelling is not available for inspection, sale, or rental when such dwelling is, in fact, so available;3 (e) Cause to be made any written or oral inquiry or record concerning the race, color,4 religion, sex, sexual orientation, gender identity, disability, national origin, familial status, handicap,5 ancestry, or marital status of a person seeking to purchase, rent, or lease any housing;6 (f) Include in any transfer, sale, rental or lease of housing any unlawful restrictive7 covenants, or to honor or exercise or attempt to honor or exercise any unlawful restrictive covenants8 pertaining to housing;9 (g) Discharge or demote an employee or agent or discriminate in the compensation of such10 employee or agent because of such employee's or agent's obedience to the provisions of this chapter;11 (h) Induce or attempt to induce, for profit, any person to sell or rent any dwelling by12 representation regarding the entry or prospective entry into the neighborhood of a person or persons13 of a particular race, color, religion, sex, sexual orientation, gender identity, disability, national14 origin, familial status, handicap, ancestry, or marital status;15 (i) Discriminate in the sale or rental of or otherwise make unavailable or deny a dwelling16 to any buyer or renter because of a handicap of:17 (1) The buyer or renter;18 (2) Any person associated with the buyer or renter; or19 (3) A person residing in or intending to reside in the dwelling after it is so sold,20 rented, or made available.21 Grand Island Council Session - 10/9/2012 Page 78 / 323 -16- (j) Discriminate against any person in the terms, conditions, or privileges of sale or rental1 of a dwelling or in the provision of services or facilities in connection with a dwelling because of2 a handicap of:3 (1) Such person;4 (2) Any person associated with such person; or5 (3) A person residing in or intending to reside in the dwelling after it is so sold,6 rented, or made available.7 Section 8. That Section 11.06.050 of the Lincoln Municipal Code be amended to read8 as follows:9 11.06.050 Discriminatory Denial of Loan; Unlawful.10 It shall be unlawful for any bank, building and loan association, insurance company, or other11 corporation, association, firm, or enterprise whose business consists in whole or in part in the12 making of commercial real estate loans within the city, to deny a loan or other financial assistance13 to a person applying therefore for the purpose of purchasing, constructing, making of commercial14 real estate loans within the city, to deny a loan or other financial assistance to a person applying15 therefore for the purpose of purchasing, constructing, improving, repairing, or maintaining a16 dwelling, or to discriminate against a person in the fixing of the amount, interest rate, duration, or17 other terms or conditions of such loan or other financial assistance because of race, color, religion,18 sex, sexual orientation, gender identity, national origin, familial status, handicap, disability, ancestry,19 or marital status of such person or of any person associated with such person in connection with such20 loan or other financial assistance for the purposes of such loan or other financial assistance, or of21 the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in22 relation to which such loan or other financial assistance is to be made or given; provided, that23 Grand Island Council Session - 10/9/2012 Page 79 / 323 -17- nothing contained in this section shall impair the scope or effectiveness of the exceptions contained1 in Section 11.06.070.2 Section 9. That Section 11.06.060 of the Lincoln Municipal Code be amended to read3 as follows:4 11.06.060 Discrimination in Multiple Listing Service or Other Real Estate Service5 Organization; Discriminatory Refusal of Access or Membership; Unlawful.6 It shall be unlawful to deny any person access to or membership or participation in any7 multiple listing service, real estate brokers' organization, or other service, organization, or facility8 relating to the business of selling or renting dwellings, or to participate or discriminate against any9 person in the terms or conditions of such access, membership, or participation on account of race,10 color, religion, sex, sexual orientation, gender identity, national origin, disability, ancestry, familial11 status, or marital status. 12 Section 10. That Section 11.06.065 of the Lincoln Municipal Code be amended to13 read as follows:14 11.06.065 Residential Real Estate Transactions; Discriminatory Refusal to Make Available15 Transactions.16 (a) It shall be unlawful for any person or other entity whose business includes engaging17 in18 transactions related to residential real estate to discriminate against any person in making available19 such a transaction or in the terms or condition of such a transaction because of race, color, religion,20 sex, sexual orientation, gender identity, familial status, national origin, marital status, disability, or21 ancestry.22 (b) For purposes of this section, transaction related to residential real estate shall mean any23 of the following:24 Grand Island Council Session - 10/9/2012 Page 80 / 323 -18- (1) The making or purchasing of loans or providing other financial assistance:1 (i) For purchasing, constructing, improving, repairing, or maintaining a2 dwelling; or3 (ii) Secured by residential real estate; or4 (2) The selling, brokering, or appraising of residential real property.5 (c) Nothing in this section shall prohibit a person engaged in the business of furnishing6 appraisals of real property from taking into consideration factors other than race, color, religion,7 national origin, ancestry, sex, sexual orientation, gender identity, disability, marital status, or8 familial status.9 Section 11. That Section 11.08.010 of the Lincoln Municipal Code be amended to read10 as follows: 11 11.08.010 Purpose.12 It is the policy of the City of Lincoln to foster employment of all employable persons in the13 city on the basis of merit regardless of their race, color, religion, sex, sexual orientation, gender14 identity, disability, national origin, ancestry, age, or marital status, and to safeguard their right to15 obtain and hold employment without discrimination because of their race, color, religion, sex, sexual16 orientation, gender identity, disability, national origin, ancestry, age, or marital status.17 Denying equal opportunity for employment because of race, color, religion, sex, sexual18 orientation, gender identity, disability, national origin, ancestry, age, or marital status is contrary to19 the principles of freedom and is a burden on the objectives of the public policy of the City of20 Lincoln.21 Section 12. That Section 11.08.030 of the Lincoln Municipal Code be amended to read22 as follows:23 Grand Island Council Session - 10/9/2012 Page 81 / 323 -19- 11.08.030 Exceptions.1 This chapter shall not apply to:2 (a) A religious corporation, association, or society with respect to the employment3 ofindividuals of a particular religion to perform work connected with the carrying on by such4 corporation, association, or society of its religious activities, or5 (b) A religious corporation, association, or society with respect to the employment of6 individuals based on sexual orientation or gender identity to perform work connected with the7 carrying on by such corporation, association, or society of its religious activities, or8 (c) A school, college, university, or other educational institution with respect to the9 employment of individuals of a particular religion if the school, college, university, or other10 educational institution is, in whole or substantial part, owned, supported, controlled, or managed by11 a particular religion, or by a particular religious organization and if the curriculum of the school,12 college, university, or other educational institution is directed toward the propagation of a particular13 religion and the choice of employees is necessary to promote the religious principles for which it14 is established or maintained, or15 (bd) The employment of any individual by:16 (1) their parent, grandparent, spouse, child, or grandchild, or17 (2) in the domestic service of any person.18 Section 13. That Section 11.08.040 of the Lincoln Municipal Code be amended to read19 as follows:20 11.08.040 Unlawful Employment Practices for an Employer.21 It shall be an unlawful employment practice for an employer:22 Grand Island Council Session - 10/9/2012 Page 82 / 323 -20- (a) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate1 against any individual with respect to such individual's compensation, terms, advancement potential,2 conditions, or privileges of employment because of such individual's race, color, religion, sex, sexual3 orientation, gender identity, disability, national origin, ancestry, age, or marital status; provided,4 however, that this section shall not be interpreted to require an employer to provide family benefits5 to same sex partners;6 (b) To limit, segregate, or classify employees in any way which would deprive or tend to7 deprive any individual of employment opportunities or otherwise adversely affect their status as an8 employee because of such individual's race, color, religion, sex, sexual orientation, gender identity,9 disability, national origin, ancestry, age, or marital status.10 Section 14. That Section 11.08.050 of the Lincoln Municipal Code be amended to read11 as follows: 12 11.08.050 Unlawful Employment Practice for Employment Agency.13 It shall be an unlawful employment practice for an employment agency to fail or refuse to14 refer for employment or otherwise to discriminate against any individual because of race, color,15 religion, sex, sexual orientation, gender identity, national origin, ancestry, disability, age, or marital16 status, or to classify or refer for employment any individual on the basis of race, color, religion, sex,17 sexual orientation, gender identity, disability, national origin, ancestry, age, or marital status. 18 Section 15. That Section 11.08.060 of the Lincoln Municipal Code be amended to read19 as follows: 20 11.08.060 Unlawful Employment Practices for Labor Organization.21 It shall be an unlawful employment practice for a labor organization:22 (a) To exclude or to expel from its membership or otherwise to discriminate against any23 Grand Island Council Session - 10/9/2012 Page 83 / 323 -21- individual because of race, color, religion, sex, sexual orientation, gender identity, disability,1 national origin, ancestry, age, or marital status; or2 (b) To limit, segregate, or classify its membership, or to classify or fail or refuse to refer3 for employment any individual in any way which would deprive or tend to deprive any individual4 of employment opportunities, or would limit such employment opportunities or otherwise adversely5 affect their status as an employee or as an applicant for employment because of such individual's6 race, color, religion, sex, sexual orientation, gender identity, disability, national origin, ancestry, age,7 or marital status; or8 (c) Cause or attempt to cause an employer to discriminate against any individual in9 violation of this chapter.10 Section 16. That Section 11.08.070 of the Lincoln Municipal Code be amended to read11 as follows:12 11.08.070 Unlawful Employment Practice; Controlling Apprenticeship or Training13 Program.14 It shall be an unlawful employment practice for any employer, labor organization, or joint15 labor management committee controlling apprenticeship or other training or retraining, including16 on-the-job training programs, to discriminate against any individual because of race, color, religion,17 sex, sexual orientation, gender identity, disability, national origin, ancestry, age, or marital status18 in admission to or employment in any program established to provide apprenticeship or other19 training.20 Section 17. That Section 11.08.100 of the Lincoln Municipal Code be amended to21 read as follows:22 Grand Island Council Session - 10/9/2012 Page 84 / 323 -22- 11.08.100 Standards for Compensation Permitted; When.1 (a) Notwithstanding any other provision of this chapter, it shall not be an unlawful2 employment practice for an employer to apply different standards of compensation, for different3 terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or4 a system which measures earnings by quantity or quality of production or to employees who work5 in different locations, if the employer can show that such differences are not the result of6 discrimination because of race, color, religion, sex, sexual orientation, gender identity, disability,7 national origin, ancestry, age, or marital status; nor shall it be unlawful employment practice for an8 employer to give and to act upon the results of any validated ability tests if the employer can show9 that such test, its administration, or action upon the result is not designed, intended, or used to10 discriminate because of race, color, religion, sex, sexual orientation, gender identity, disability,11 national origin, ancestry, age, or marital status and are reasonably related to such employment.12 (b) It shall not be an unlawful employment practice for an employer, employment agency,13 labor organization, or joint labor-management committee to deny privileges of employment when14 the nature and extent of a disability reasonably precludes the performance of the particular15 employment.16 (c) Women affected by pregnancy, childbirth, or related medical conditions shall be treated17 the same for all employment-related purposes, including receipt of employee benefits, as other18 persons not so affected but similar in their ability or inability to work, and nothing in this section19 shall be interpreted to provide otherwise. This section shall not require an employer to provide20 employee benefits for abortion except when medical complications have arisen from an abortion.21 Section 18. That Section 11.08.110 of the Lincoln Municipal Code be amended to read22 as follows:23 Grand Island Council Session - 10/9/2012 Page 85 / 323 -23- 11.08.110 Preferential Treatment Not to be Granted on Account of Existing Numbers or1 Percentage Imbalance.2 Nothing contained in this chapter shall be interpreted to require any employer, employment3 agency, labor organization or joint labor-management committee subject to this chapter to grant4 preferential treatment to any individual or to any group because of the race, color, religion, sex,5 sexual orientation, gender identify, national origin, ancestry, age, or marital status of such6 individual or group, on account of an imbalance which may exist with respect to the total number7 or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity, national8 origin, ancestry, age, or marital status in the city, or in the available work force in the city.9 Section 19. That Section 11.08.070 of the Lincoln Municipal Code be amended to read10 as follows:11 11.08.130 Notice of Employment; Preference or Discrimination Because of Race, Color,12 Religion, Sex, Sexual Orientation, Gender Identity, Disability, National Origin,13 Ancestry, Age, or Marital Status; Unlawful.14 It shall be an unlawful employment practice for an employer, labor organization, or15 employment agency to print or publish or cause to be printed or published any notice or16 advertisement relating to employment by such an employer or membership in, or any classification17 or referral for employment by such a labor organization, or relating to any classification or referral18 for employment by such an employment agency indicating any preference, limitation, specification,19 or discrimination based on race, color, religion, sex, sexual orientation, gender identity, disability,20 national origin, ancestry, age, or marital status, except that such a notice or advertisement may21 indicate a preference, limitation, specification, or discrimination based on religion, sex or national22 origin, when religion, sex, or national origin is a bona fide occupational qualification for23 employment.24 Grand Island Council Session - 10/9/2012 Page 86 / 323 -24- Section 20. That Section 11.08.160 of the Lincoln Municipal Code be amended to read1 as follows:2 11.08.160 Contracts with the City of Lincoln; Requirements.3 Every contract to which the City of Lincoln or any of its agencies is a party shall contain a4 provision requiring the contractor and subcontractors not to discriminate against any employee or5 applicant for employment to be employed in the performance of such contract with respect to hire,6 tenure, terms, conditions, or privileges of employment because of race, color, religion, sex, sexual7 orientation, gender identity, disability, national origin, ancestry, age, or marital status.8 Section 21. That Section 2.76.280 of the Lincoln Municipal Code be amended to read9 as follows:10 2.76.280 Discrimination.11 (a) No action affecting the employment status of an employee or applicant for a position12 in the city service, including appointment, promotion, demotion, disciplinary action, suspension,13 dismissal, or layoff shall be taken or withheld by reason of the race, color, religion, sex, sexual14 orientation, gender identity, disability, national origin, age, marital status, or political opinions or15 affiliations, except that no person shall be employed or retained in the city service who advocates16 or belongs to an organization that advocates the overthrow or change of our government by force17 or violence.18 (b) Any reference made in this Chapter 2.76 of the Lincoln Municipal Code to the terms19 he, she, his, her, or any similar term shall be interpreted in the generic and shall imply no restriction20 or other action because of the sex of the employee or applicant.21 Section 22. That Sections 11.01.010, 11.01.020, 11.02.040, 11.04.010, 11.04.030,22 11.04.060, 11.06.020, 11.06.050, 11.06.060, 11.06.065, 11.08.010, 11.08.030, 11.08.040, 11.08.050,23 Grand Island Council Session - 10/9/2012 Page 87 / 323 -25- 11.08.060, 11.08.070, 11.08.100,11.08.110, 11.08.130, 11.08.160, and 2.76.280 of the Lincoln1 Municipal Code as hitherto existing be and the same are hereby repealed.2 Section 23. That this ordinance shall take effect and be in force from and after passage3 and publication in one issue of a daily or weekly newspaper of general circulation in the City,4 according to law.5 Introduced by: ____________________________________ Approved as to Form & Legality: _________________________________ City Attorney Approved this ___ day of _____________, 2012: _______________________________________ Mayor Grand Island Council Session - 10/9/2012 Page 88 / 323 Grand Island Council Session - 10/9/2012 Page 89 / 323 Grand Island Council Session - 10/9/2012 Page 90 / 323 Grand Island Council Session - 10/9/2012 Page 91 / 323 Grand Island Council Session - 10/9/2012 Page 92 / 323 Grand Island Council Session - 10/9/2012 Page 93 / 323 Grand Island Council Session - 10/9/2012 Page 94 / 323 Grand Island Council Session - 10/9/2012 Page 95 / 323 Grand Island Council Session - 10/9/2012 Page 96 / 323 Grand Island Council Session - 10/9/2012 Page 97 / 323 Grand Island Council Session - 10/9/2012 Page 98 / 323 Grand Island Council Session - 10/9/2012 Page 99 / 323 Grand Island Council Session - 10/9/2012 Page 100 / 323 Grand Island Council Session - 10/9/2012 Page 101 / 323 Grand Island Council Session - 10/9/2012 Page 102 / 323 Grand Island Council Session - 10/9/2012 Page 103 / 323 Grand Island Council Session - 10/9/2012 Page 104 / 323 Grand Island Council Session - 10/9/2012 Page 105 / 323 Grand Island Council Session - 10/9/2012 Page 106 / 323 Grand Island Council Session - 10/9/2012 Page 107 / 323 § 18-1724. Discrimination; employment, public accommodations, and housing; ordinance to prevent. Nebraska Chapter 18. Cities and Villages: Laws Applicable to All Article 17. Miscellaneous Current through the 2012 legislative session § 18-1724. Discrimination; employment, public accommodations, and housing; ordinance to prevent Notwithstanding any other law or laws heretofore enacted, all cities and villages in this state shall have the power by ordinance to define, regulate, suppress, and prevent discrimination on the basis of race, color, creed, religion, ancestry, sex, marital status, national origin, familial status as defined in section 20-311, handicap as defined in section 20-313, age, or disability in employment, public accommodation, and housing and may provide for the enforcement of such ordinances by providing appropriate penalties for the violation thereof. It shall not be an unlawful employment practice to refuse employment based on a policy of not employing both husband and wife if such policy is equally applied to both sexes. Cite as Neb. Rev. Stat. § 18-1724 Source: Laws 1971, LB 161, § 1; Laws 1978, LB 830, § 1; Laws 1991, LB 825, § 1. Grand Island Council Session - 10/9/2012 Page 108 / 323 § 20-113. Protection of civil rights; incorporated cities; ordinances; county; resolutions; powers; jurisdiction; revocation of liquor license, when. Nebraska Chapter 20. Civil Rights Article 1. Individual Rights (a). General Provisions Current through the 2012 legislative session § 20-113. Protection of civil rights; incorporated cities; ordinances; county; resolutions; powers; jurisdiction; revocation of liquor license, when Any incorporated city may enact ordinances and any county may adopt resolutions which are substantially equivalent to the Age Discrimination in Employment Act, the Nebraska Fair Employment Practice Act, the Nebraska Fair Housing Act, and sections 20-126 to 20-143 and 48- 1219 to 48-1227 or which are more comprehensive than such acts and sections in the protection of civil rights. No such ordinance or resolution shall place a duty or liability on any person, other than an employer, employment agency, or labor organization, for acts similar to those prohibited by section 48-1115. Such ordinance or resolution may include authority for a local agency to seek an award of damages or other equitable relief on behalf of the complainant by the filing of a petition in the district court in the county with appropriate jurisdiction. The local agency shall have within its authority jurisdiction substantially equivalent to or more comprehensive than the Equal Opportunity Commission or other enforcement agencies provided under such acts and sections and shall have authority to order backpay and other equitable relief or to enforce such orders or relief in the district court with appropriate jurisdiction. Certified copies of such ordinances or resolutions shall be transmitted to the commission. When the commission determines that any such city or county has enacted an ordinance or adopted a resolution that is substantially equivalent to such acts and sections or is more comprehensive than such acts and sections in the protection of civil rights and has established a local agency to administer such ordinance or resolution, the commission may thereafter refer all complaints arising in such city or county to the appropriate local agency. All complaints arising within a city shall be referred to the appropriate agency in such city when both the city and the county in which the city is located have established agencies pursuant to this section. When the commission refers a complaint to a local agency, it shall take no further action on such complaint if the local agency proceeds promptly to handle such complaint pursuant to the local ordinance or resolution. If the commission determines that a local agency is not handling a complaint with reasonable promptness or that the protection of the rights of the parties or the interests of justice require such action, the commission may regain Grand Island Council Session - 10/9/2012 Page 109 / 323 jurisdiction of the complaint and proceed to handle it in the same manner as other complaints which are not referred to local agencies. In cases of conflict between this section and section 20- 332, for complaints subject to the Nebraska Fair Housing Act, section 20-332 shall control. Any club which has been issued a license by the Nebraska Liquor Control Commission to sell, serve, or dispense alcoholic liquor shall have that license revoked if the club discriminates because of race, color, religion, sex, familial status as defined in section 20-311, handicap as defined in section 20-313, or national origin in the sale, serving, or dispensing of alcoholic liquor to any person who is a guest of a member of such club. The procedure for revocation shall be as prescribed in sections 53-134.04, 53-1,115, and 53-1,116. Cite as Neb. Rev. Stat. § 20-113 Source: Laws 1969, c. 120, § 9, p. 544; Laws 1974, LB 681, § 1; Laws 1979, LB 438, § 2; Laws 1991, LB 344, § 1; Laws 1991, LB 825, § 46; Laws 2007, LB265, § 2. Cross References: Age Discrimination in Employment Act, see section 48-1001. Nebraska Fair Employment Practice Act, see section 48-1125. Nebraska Fair Housing Act, see section 20-301. Grand Island Council Session - 10/9/2012 Page 110 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney ORDINANCE NO. 9407 An Ordinance prohibiting discrimination in employment, housing, and public accommodations against persons based on their sexual orientation or gender identity and providing for the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: I. That the Grand Island City Code be amended to contain the following provisions: Chapter 11 – Civil Rights Article I – Discrimination Based on Sexual Orientation and Gender Identity Prohibited §11-1 – Definitions City – The area within the boundaries of the City of Grand Island. Discriminate – Any act or failure to act, whether by itself or part of a pattern of behavior, the effect of which is to differentiate between or among persons or groups of persons by reason of their sexual orientation or gender identity. Employee – Any person who is an applicant or employed in exchange for compensation. Employer – Any person, partnership, corporation, association, or any other type of organization employing ten (10) or more persons at an average of thirty (30) or more hours per week over the course of a year. Employment Agency – Any person, partnership, corporation, association, or any other type of organization engaged in procuring employees for an employer or procuring employment for persons. Exempt Organizations – The government of the United States of America, the State of Nebraska, the County of Hall, or any religious organization. Gender Identity – The actual or perceived appearance, expression, identity, or behavior of a person as being male or female whether or not that appearance, expression, identity or behavior is different from that traditionally associated with that person’s designated sex at birth. Housing – Any building, structure, mobile home, or portion thereof which is designed, intended, or occupied as a residence for any person, persons, family, or families, and any land which is intended or offered for sale or lease for the construction of any building, structure, or mobile home. Grand Island Council Session - 10/9/2012 Page 111 / 323 ORDINANCE NO. 9407 (Cont.) - 2 - Labor Organization – Any organization having status as a legal entity or as an unincorporated group or association existing for the purpose of collective bargaining, addressing employee grievances against employers, or providing mutual aid to persons or other labor organizations regarding collective bargaining or addressing employee grievances against employers. Person – Any individual or group of individuals having status as a legal entity or as an unincorporated group or association. Public Accommodation – Any place offering the public goods, services, food, shelter, or recreation in exchange for remuneration. Religious Organization – A bona fide religious corporation, association, institution, or society which does not limit or exclude from membership or discriminate against any person based upon their race, color, ethnicity, national origin, sex, or disability. Sexual Orientation – Actual or perceived heterosexuality, homosexuality, bisexuality, or asexuality. §11-2 – Prohibited Acts – Employers It shall be unlawful for any employer located or conducting business in the City to discriminate based on the sexual orientation or gender identity of a person by engaging in the following acts: (a) refusing to employ a person; (b) disciplining, demoting, or discharging from employment a person; (c) discriminating against a person regarding compensation, benefits, or the terms of employment; or (d) refusing to promote a person. §11-3 – Prohibited Acts – Employment Agencies It shall be unlawful for any employment agency located or conducting business in the City to discriminate based on the sexual orientation or gender identity of a person by engaging in the following acts: (a) refusing to refer a person for employment; or (b) complying with a request or directive from an employer for a referral of applicants for employment if the request indicates the employer discriminates in violation of Grand Island City Code §11-2. §11-4 – Prohibited Acts – Labor Organizations It shall be unlawful for any labor organization located or conducting business in the City to discriminate based on the sexual orientation or gender identity of a person by engaging in the following acts: (a) excluding or expelling from membership a person in the organization; (b) refusing to refer a person for employment; (c) failing to represent a person it is legally obligated to do so in any dispute with an employer; or (d) requesting an employer do anything or complying with a request from an employer to do anything in violation of Grand Island City Code §11-2 or §11-4. Grand Island Council Session - 10/9/2012 Page 112 / 323 ORDINANCE NO. 9407 (Cont.) - 3 - §11-5 – Prohibited Acts – Housing It shall be unlawful for any person, partnership, corporation, association, or any other type of organization located or conducting business in the City to discriminate based on the sexual orientation or gender identity of a person by engaging in the following acts: (a) refusing to sell or rent housing after receiving a bona fide offer; (b) altering the terms of the sale or rental of housing; (c) making, publishing, or advertising any notice indicating discrimination in the sale or rental of housing against persons based on their sexual orientation or gender identity; or (d) falsely representing housing is unavailable for sale or rent. §11-6 – Prohibited Acts – Public Accommodations It shall be unlawful for any person, partnership, corporation, association, or any other type of organization located or conducting business in the City to discriminate based on the sexual orientation or gender identity of a person by engaging in the following acts: (a) refusing a person entry or full access to goods, services, food, shelter, or recreation offered the public in any place of public accommodation; (b) segregating any person in a place of public accommodation; or (c) making, publishing, or advertising any notice indicating discrimination in entry or access to goods, services, food, shelter, or recreation offered the public in any place of public accommodation. §11-7 – Inapplicability to Exempt Organizations The provisions of Grand Island City Code, Chapter 11, Art. I are not applicable to exempt organizations including religious organizations and those organizations are exempt from the requirements, directives, and prohibitions contained therein. II. Any ordinances or portions of ordinances in conflict with this ordinance are hereby repealed. III. This ordinance shall be in full force and effect after its passage and publication pursuant to law. Enacted: October 9, 2012. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 113 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G1 Approving Minutes of September 25, 2012 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 10/9/2012 Page 114 / 323 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 25, 2012 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on September 25, 2012. Notice of the meeting was given in The Grand Island Independent on September 19, 2012. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Larry Carney, Kirk Ramsey, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Vaughn Minton, and John Gericke. Councilmember’s Chuck Haase, Bob Niemann, and Peg Gilbert were absent. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Robert Sivick, Interim Public Works Director Terry Brown and Finance Director Jaye Monter. INVOCATION was given by Pastor Caroline Price-Gibson, First Presbyterian Church, 2103 West Anna Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Josh Sugita. PRESENTATIONS AND PROCLAMATIONS: Presentation of the “Mayor’s Builder Award” to Karl Hughes. Mayor Vavricek presented the third “Mayor’s Builder Award” to Karl Hughes for his efforts in the community through Project Hunger and the Salvation Army serving meals to the homeless. Mr. Hughes was present to receive the award. BOARD OF EQUALIZATION: Motion by Ramsey, second by Donaldson, carried unanimously to adjourn to the Board of Equalization. #2012-BE-5 – Consideration of Determining Benefits for South Locust Business Improvement District 2012. Community Development Administrator Marco Floreani reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for the South Locust BID 2012. Special assessments were for the amount of $34,450.27. Motion by Gericke, second by Dugan to approve Resolutions #2012-BE-5. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Dugan, second by Gericke carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request from Turkey Maes, LLC dba Peacock Lounge, 2430 North Broadwell Avenue for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “C” Liquor License had been received from Turkey Maes, LLC dba Peacock Lounge, 2430 North Broadwell Avenue. Ms. Edwards presented the following exhibits for the record: Grand Island Council Session - 10/9/2012 Page 115 / 323 Page 2, City Council Regular Meeting, September 25, 2012 application submitted to the Liquor Control Commission and received by the City on September 4, 2012; notice to the general public of date, time, and place of hearing published on September 15, 2012; notice to the applicant of date, time, and place of hearing mailed on September 4, 2012; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Request to Rezone Property Located at 2430 & 2522 Stolley Park Road and 2433 & 2425 Del Mar Avenue – Hornady Subdivision from R2 Low Density Residential to RD Residential Development. Regional Planning Director Chad Nabity reported that a request had been made to rezone 7.822 acres located north of Stolley Park Road and west of Arthur Street from R2 – Low Density Residential to RD – Residential Development. The developers were proposing to build twenty townhouse unites. Staff recommended approval. No public testimony was heard. Public Hearing on Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. Marlan Ferguson, President of the Economic Development Corporation gave an overview of GIAEDC activities. Since 2003 over 1,188 direct jobs had been created with LB-840 funds with an estimated payroll of $36,000,000 annually. Over 2,100 indirect jobs had been created with over 3,300 total jobs created in the last 8 years. Over 700 new jobs were created in 2011. Mentioned was support for the November 6, 2012 Election LB-840 renewal for another 10 years. Mark Stelk, Vice-Chairman of the CRC gave the annual report. Over the past year, the GIAEDC brought forward one application for funding – Medbury Fabrication, LLC which was awarded $76,000. Ten audits were completed and complied with the terms of their agreements. Mentioned was the November 6, 2012 Election for the renewal of the LB-840 program. Staff recommended approval. Terry Pfeifer, Chairman of the Chamber of Commerce spoke in support. No further public testimony was heard. Public Hearing on Neighborhood Stabilization Grant Program 09-3N-11 Budget Amendment. Community Development Administrator Marco Floreani reported that grant funds had been received and used by the City of Grand Island for Neighborhood Stabilization Program for property acquisition, demolition, redevelopment of new housing, housing administration, and general administration. All demolition and construction had been completed with remaining funds available for us in the Clearance/Demolition activity of the budget. The amendment would allocate $4,000 of the Clearance/Demolition funds remaining and re-allocate these to New Construction activity to finalize all expenses incurred during the construction of 8 homes built for low-moderate income individuals and families. Staff recommended approval. No public testimony was heard. RESOLUTIONS: #2012-275 – Consideration of Approving the Issuance of Redevelopment “Bonds for the Lincoln Park Pool Project by the Community Redevelopment Authority. Regional Planning Director Chad Nabity reported that Bond Council was recommending that the Grand Island City Council pass a resolution authorizing the CRA to issue redevelopment bonds in the amount of $1,800,000 as approved in the 2012-2013 budget. Bill Beavers representing Ameritas stated all bonds had been sold for 10 years at an interest rate of 1.89%. Closing would take place in 2 to 3 weeks. Grand Island Council Session - 10/9/2012 Page 116 / 323 Page 3, City Council Regular Meeting, September 25, 2012 Motion by Carney, second by Ramsey to approve Resolution #2012-275. Upon roll call vote, all voted aye. Motion adopted. #2012-279 – Consideration of Approving Appointment of Cory Schmidt as Fire Chief. Mayor Jay Vavricek recommended the appointment of Cory Schmidt as Fire Chief. Cory Schmidt was present and introduced his family. Mayor Vavricek acknowledged the service of Russ Blackburn and Tim Hiemer as Interim Fire Chiefs. Motion by Minton, second by Gericke to approve Resolution #2012-279. Upon roll call vote, all voted aye. Motion adopted. #2012-274 - Consideration of Approving Funding of Economic Development Request. EDC President Marlan Ferguson stated this request was for the annual $350,000 to the LB 840 Program. Mentioned was the November election ballot issue to renew the LB 840 program for another 10 years and that the EDC was moving forward for the renewal of the program. Discussion was held regarding the financial data through April 30, 2012. Mr. Ferguson stated there was $193,738.93 available for future projects. Motion by Gericke, second by Carney to approve Resolution #2012-274. Upon roll call vote, all voted aye. Motion adopted. ORDINANCES: #9402 – Consideration of Assessments for South Locust Business Improvement District 2012 Motion by Dugan, second by Minton to approve Ordinance No. 9402 on first reading only. Upon roll call vote, all voted aye. Motion adopted. #9403 – Consideration of Request to Rezone Property Located at 2430 & 2522 Stolley Park Road and 2433 & 2425 Del Mar Avenue – Hornady Subdivision from R2 Low Density Residential to RD Residential Development #9404 – Consideration of Vacation of a Portion of Del Mar Avenue in Hornady Subdivision (JEH Holdings, LLC) #9405 – Consideration of Vacation of a Utility Easement Located in Hornady Subdivision (JEH Holdings, LLC) Regional Planning Director Chad Nabity reported that Ordinances #9404 and #9405 was the request from JEH Holdings, LLC. They were developing Hornady Subdivision and were requesting to vacate a portion of Del Mar Avenue and the vacation of a utility easement to accommodate re-platting of the subdivision and allow for new street access, easement and lot. Discussion was held regarding the drainage for this area. Mr. Nabity stated the drainage from Highway 281 by Case New Holland was currently draining to Brentwood Lake through the storm sewer drainage. The city was currently working to divert that drainage to go through Central Community College and dump into the Wood River Diversion. Grand Island Council Session - 10/9/2012 Page 117 / 323 Page 4, City Council Regular Meeting, September 25, 2012 Motion by Dugan, second by Carney to approve Ordinances #9403, #9404, and #9405 on first reading only. Upon roll call vote, all voted aye. CONSENT AGENDA: Consent Agenda item G-6 was pulled for further discussion. Motion by Ramsey, second by Minton to approve the Consent Agenda excluding item G-6. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of September 11, 2012 City Council Regular Meeting. Approving Re-Appointment of Barry Sandstrom to the Community Redevelopment Authority Board. Approving Garbage Permits for Clark Brothers Sanitation, Heartland Disposal, Mid-Nebraska Disposal, Inc. and Refuse Permits for Full Circle, Inc., O’Neill Transportation and Equipment and Scott’s Hauling. Approving Liquor Manager Request for Ruby Cargill, 315 South Plum for The Firehouse Bar, 418 West 4th Street. Approving Request from Skagway Discount Dept. Stores dba Skagway, 620 State Street for a Deletion to their Class “CK-84624” Liquor License. #2012-259 – Approving Preliminary and Final Plat and Subdivision Agreement for Hornady Second Subdivision. It was noted that JEH Holdings, LLC, owners had submitted the preliminary plat, final plat and subdivision agreement for Hornady Second Subdivision located north of Stolley Park Road and west of Arthur Street for the purpose of creating 23 lots containing 7.822 acres. Motion by Gericke, second by Carney to postpone Resolution #2012-259 to the October 9, 2012 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. #2012-260 – Approving Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan. #2012-261 – Approving Job Specific Service Agreement with Nebraska Public Power District. #2012-262 – Approving 2012-2013 Victim of Crime Act (VOCA) Grant. #2012-263 – Approving Amendment #1 for Professional Consulting Services for the Southwest Outfall Drainage – Central Community College to the Wood River; Project No. 2011-D-1 Construction Services with Olsson Associates of Grand Island, NE in an Amount of $35,000.00. #2012-264 – Approving Use of Land Owned by the City of Grand Island for the Concrete Driveway and Traffic Signals to be Constructed on the Walk to Walnut Project. #2012-265 – Approving Amending the 2012/2013 Fee Schedule – Wastewater Rates. Grand Island Council Session - 10/9/2012 Page 118 / 323 Page 5, City Council Regular Meeting, September 25, 2012 #2012-266 – Approving 24 Month Agreement for Five City Hall Copiers Maintenance and Supplies with Capital Business Systems, Inc./Modern Methods. #2012-267 – Approving Amendment #1 to the Crossing Surface Installation Agreement with Burlington Northern Santa Fe (BNSF) Railway Company for Improvements at the Broadwell Avenue/BNSF Railroad Crossing in an Amount not to exceed $20,000.00 and a Revised Contract Amount of $51,572.00. #2012-268 – Approving Agreement for Appraisal Services for the US-30 Drainage Improvement Project with Capital Appraisal Company, LLC in an Amount of $1,800.00. #2012-269 – Approving Change Order No. 1 to the Sanitary Sewer District 527T – Platte Valley Industrial Park – East with The Diamond Engineering Company of Grand Island for an Increase of $9,572.88 and a Revised Contract Amount of $1,272,482.44. #2012-270 – Approving Change Order #1 for Lincoln Pool with Hausmann Construction, Inc. of Lincoln NE for a Decrease of $8,800.00 and a Revised Contract Amount of $1,670,200.00. #2012-271 – Approving Neighborhood Stabilization Grant Program 09-3N-11 Budget Amendment. #2012-272 – Approving Annual Agreement for Financial Software Licensing and Support with Tyler Technologies, Inc. in an Amount of $131,830.71. REQUESTS AND REFERAALS: Consideration of Letter Designating Grand Island as Recipient of 5307 Urbanized Area Transit Dollars for Federal FY 2013 – Metropolitan Planning Organization (MPO). Regional Planning Director Chad Nabity reported that in March of 2012 the City of Grand Island was declared an urbanized area with a population of 50,440. The MPO will deal with both Federal Highway and Federal Transit Dollars. This request was to authorize the Mayor to sign and send a letter to the Governor of Nebraska to designate the City of Grand Island as the recipient of 5307 funds for 2013 and future budget years. Discussion was held regarding the procedures in forming an MPO. Mr. Nabity stated there would be two boards created which would consist of a Policy Board and a Technical Board. Mentioned were these would be Federal matching dollars. The City would not take over the Hall County Transportation System or the Handi-Bus. The City budget for 2012-2013 would not need to be changed and the funding was yet to be determined. Interim Public Works Director Terry Brown stated this was the first step in forming a MPO with many more steps to come. This would create more transit in Grand Island. Motion by Carney, second by Nickerson to approve the letter designating Grand Island as recipient of 5307 Urbanized Area Transit Dollars for Federal FY 2013. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 10/9/2012 Page 119 / 323 Page 6, City Council Regular Meeting, September 25, 2012 RESOLUTIONS: #2012-273 - Consideration of Request from Turkey Maes, LLC dba Peacock Lounge, 2430 North Broadwell Avenue for a Class “C” Liquor License and Liquor Manager Designation for Lori Bohnart-Maes, 108 West Cedar, Doniphan, NE. This item is related to the aforementioned Public Hearing. Motion by Nickerson, second by Donaldson to approve Resolution #2012-273. Upon roll call vote, all voted aye. Motion adopted. #2012-276 – Consideration of Approving Additional Funds Necessary for the City to Meet Its Obligations Pursuant to Its Contract for Cable Consultant Services. City Attorney Robert Sivick reported that in 2006 the City Council approved the expenditure of $87,500.00 for consulting services provided by the law firm of Moss & Barnett of Minneapolis. Due to slow progress in negotiations with Charter Communications for the renewal of the City’s cable franchise agreement it was recommended to pay Moss & Barnett an additional $8,584.672 for legal and consulting services. Discussion was held regarding the payment and expiration of the contract. The original contract was for $87,500. Finance Director Jaye Monter explained the payments were made through the contingency line item in the non-departmental fund. Motion by Carney, second by Minton to approve Resolution #2012-276. Upon roll call vote, all voted aye. Motion adopted. #2012-277 – Consideration of Approving Bid Award for Southwest Outfall drainage – Central Community College to the Wood River; Project No. 2011-D-1. Interim Public Works Director Terry Brown reported that bids were received for the Southwest Outfall drainage project. It was recommended to approve awarding a contract to Van Kirk Bros. Contracting of Sutton, NE in an amount of $442,496.20. Discussion was held concerning the length of time for the project. Mr. Brown stated the projected time of completion was yet this year. Drainage to Wood River and utility easements were mentioned. Motion by Dugan, second by Ramsey to approve Resolution #2012-277. Upon roll call vote, all voted aye. Motion adopted. #2012-278 – Consideration of Approving Purchase of 2012 Ford F250 for the Fire Department. Interim Fire Chief Russ Blackburn reported that $70,000 was budgeted in the 2011-2012 Capital Budget to replace broken concrete on the approach to Fire Station 3 and the parking lot. Bids received were over the estimate and the funds would not be spent. It was recommended that $31,280.00 from the 2011-2012 Fire Department Capital Budget be used to purchase a 2012 F250 pickup from Anderson Ford of Lincoln, NE. Motion by Carney, second by Gericke to approve Resolution #2012-278. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 10/9/2012 Page 120 / 323 Page 7, City Council Regular Meeting, September 25, 2012 PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of September 12, 2012 through September 25, 2012, for a total amount of $6,851,177.87. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:55 p.m. RaNae Edwards City Clerk Grand Island Council Session - 10/9/2012 Page 121 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G2 Approving Minutes of October 2, 2012 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 10/9/2012 Page 122 / 323 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION October 2, 2012 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 October 2, 2012. Notice of the meeting was given in the Grand Island Independent on September 26, 2012. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Vaughn Minton and John Gericke. Councilmember Peg Gilbert was absent. The following City Officials were present: City Clerk RaNae Edwards, City Attorney Robert Sivick, Interim Public Works Director Terry Brown and Finance Director Jaye Monter. INVOCATION was given by Community Youth Council member Alex Trejo followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Alex Trejo and board member Liz Mayfield. PRESENTATION: Grand Island Fire Department Pinning Ceremony for Fire Chief Cory Schmidt. Mayor Vavricek presented Fire Chief Cory Schmidt with his Fire Chief badge at a pinning ceremony. Present were his family and several firefighters. Fire Chief Schmidt thanked those present for the opportunity to serve as the next Fire Chief. SPECIAL ITEMS: Discussion Concerning Renewal of City’s Cable Franchise Agreement with Charter Communications. City Attorney Robert Sivick reported that the City was in negotiations with Charter Communication which stalled due to a bankruptcy. Mentioned was that Moss & Barnett of Minneapolis was hired for legal and consulting services and an agreement had been reached. Tom Bordwell, Director of Government Relations and Rex Buettgenbach, Director of Operations with Charter Communications commented on the agreement with the City and Charter Communications. A 15 year agreement had been negotiated and will be brought to Council for approval on October 9, 2012. Cory Gierhard, 123 South Webb Road spoke of a potential opportunity that would benefit the City and the schools. Other cities had required a franchise agreement to include fiber optics and network connections for all city buildings and public schools. Grand Island Council Session - 10/9/2012 Page 123 / 323 Page 2, City Council Study Session, October 2, 2012 Discussion was held regarding the improvements throughout the city in the last few months by Charter and if the dead spaces would be covered. Mr. Buettgenbach stated there were processes in place to target the dead spaces. The rebuild that had taken place was under the current franchise agreement. Mr. Sivick stated the proposed agreement had provisions to take care of the dead spaces. Capacity was mentioned at 750 MHz with a minimum of 550 MHz. Mr. Bordwell explained the network and bandwidth. It was mentioned that the City should be at industry standards. Mr. Sivick stated industry standards were a vague term and he would rather see a minimum MHz in the agreement. Explained were the changes in the agreement from the previous agreement. Cory Gierhard explained the option that Charter provide public buildings with network connection and internet services. Mentioned was the length of time for the contract and the changes that had taken place and may take place in the future. Mr. Sivick stated there was a Performance Guarantee in the agreement. Mr. Bordwell commented on the public building connections. Governmental facilities and schools would receive free cable television service. The agreement sets the franchise fee for the City at 5%. It would increase the Public, Educational and Government (PEG) channels from two to three with a forty cent fee per subscriber, per month. Mr. Bordwell stated the customer would drive the future of the cable industry. Mr. Sivick explained Article XX with regards to Termination and Article XXIII relative to Periodic Reevaluation and Renegotiations. Discussion Concerning Residency Requirements for City Department Directors at the Request of Councilmember Chuck Haase. Councilmember Haase stated the reason he brought this forward was the difference in what was in the Personnel Rules, what was approved by the City Council and inconsistency in this issue. Explained were the events that had taken place since 2001. Human Resources Director Brenda Sutherland explained different departments had different regulations with regards to the number of miles an employee could live outside the City. Explained was the meeting of December 4, 2001 which extended the Department Directors residency to within ten miles of the zoning jurisdiction. Mr. Sivick stated that if the Council decided to change the residency requirement it would not affect any current department director as they would be grandfathered in under current law. Discussion was held regarding the different departments and residency requirements. It was stated that the only mention of zoning jurisdiction was related to department directors. Comments were made concerning the importance of living in the community for department directors. Generally the courts were prone to strike down residency requirements. Joyce Haase, 3024 Colonial Lane commented about the money the city would be losing if all department directors lived outside the city limits. If you work for the city you should live in the city. Mentioned was that if you were a Councilmember you had to live within a Ward. Grand Island Council Session - 10/9/2012 Page 124 / 323 Page 3, City Council Study Session, October 2, 2012 Ms. Sutherland stated this issue could be brought back to Council for a decision at the October 9, 2012 City Council meeting. It was suggested that we start with what’s on the books currently and then Council could make changes at that meeting. Discussion Concerning Proposed Ordinance Prohibiting Discrimination Based on Sexual Orientation at the Request of Councilmember Larry Carney. Councilmember Larry Carney explained how he came involved in this topic. Mentioned was the trend in American law to expand the Civil Rights protection to include sexual orientation. Brian Whitecalf, 1506 N. St. Paul Road spoke in support of including an ordinance prohibiting discrimination based on sexual orientation. Mentioned was that every class of citizen could be included in a protected class and this might not be the time to bring this forward. It was stated that no one should discriminate for any reason. Proving an infraction for sexual orientation through an ordinance would be hard to enforce. Mr. Sivick stated the way to prove discrimination would be the way you prove for other protected classes and gave several examples. Explained was why churches were exempt. At the request of Mayor Vavricek, Mr. Sivick explained the Home Rule Charter which Lincoln and Omaha served under. The Council could either pass an ordinance or put it on the ballot. Mayor suggested that a broad discussion should be held before this was brought forward. Councilmember Carney disagreed. Discussion was held regarding a possible date for this to be brought forward. Councilmember Carney requested this be brought before Council at the October 9, 2012 Council meeting. Marian Bahensky, St. Paul, NE and Richard Maciejewski, 2650 New York Avenue stated sexual orientation was not a choice and supported this as a protected class. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. RaNae Edwards City Clerk Grand Island Council Session - 10/9/2012 Page 125 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G3 Approving Re-Appointments of Julie Connelly and Karen Bredthauer to the Regional Planning Commission Board The Mayor has submitted the re-appointments of Julie Connelly and Karen Bredthauer to the Regional Planning Commission Board. These appointments would become effective November 1, 2012 upon approval by the City Council and would expire on October 31, 2015. Approval is recommended. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 10/9/2012 Page 126 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G4 #2012-259 - Approving Preliminary and Final Plat and Subdivision Agreement for Hornady Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 10/9/2012 Page 127 / 323 Council Agenda Memo From: Regional Planning Commission Meeting: September 25, 2012 Subject: Hornady Second Subdivision - Preliminary & Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of Stolley Park and west of Arthur Street. This final plat proposes to create 23 Lots on a replat of Lots 2, 3, 4, and 5 Hornady Subdivision in the City of Grand Island, in part of the Southeast Quarter of the Southeast Quarter (SE1/4, SE1/4 of Section Twenty (20), 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 7.822 acres. Discussion The revised plat for Hornady Second Subdivision Preliminary & Final Plat was considered by the Regional Planning Commission at the September 5, 2012 meeting. A motion was made by Ruge and seconded by Reynolds to approve the plat as presented. A roll call vote was taken and the motion passed with 10 members present and voting in favor (Amick, Eriksen, Connelly, McCarty, Snodgrass, O’Neill, Bredthauer, Ruge, Reynolds and Haskins) and no one voting against. 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 - 10/9/2012 Page 128 / 323 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 10/9/2012 Page 129 / 323 Grand Island Council Session - 10/9/2012 Page 130 / 323 Sterling Estates Second Subdivision Developer/Owner JEH Holdings LLC 2517 Apache Road Grand Island NE 68801 To create 23 lots north of Stolley Park Road and west of Arthur Street, in the City of Grand Island, in Hall County, Nebraska. Size: 7.822 acres Zoning: RD – Residential Development Zone Road Access: City Roads Water Public: City water is available Sewer Public: City sewer is available Grand Island Council Session - 10/9/2012 Page 131 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-259 WHEREAS, JEH HOLDINGS, LLC, being the said owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “HORNADY SECOND SUBDIVISION”, to be laid out into 23 lots, a replat of Lots 2, 3, 4 and 5, Hornady Subdivision in the City of Grand Island, in Part of the Southeast Quarter of the Southeast Quarter (SE1/4, SE1/4) of Section Twenty (20), 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 HORNADY 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, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 132 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G5 #2012-280 - Approving Final Plat and Subdivision Agreement for DSK Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 10/9/2012 Page 133 / 323 Council Agenda Memo From: Regional Planning Commission Meeting: October 9, 2012 Subject: DSK Second Subdivision - Final Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of Bismark Road and south of Stoneridge Path. This final plat proposes to create 2 Lots on a tract of land comprising all of Lot Two (2), DSK Subdivision and all of Lot Thirteen (13), Eaglewood Acres Subdivision, all located in a part of the Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4), of 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 3.250 acres. Discussion The revised plat for DSK Second Subdivision Final Plat was considered by the Regional Planning Commission at the October 3, 2012 meeting. A motion was made by Bredthauer and seconded by Reynolds to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (McCarty, O’Neill, Ruge, Hayes, Reynolds, Haskins, Eriksen, Connelly, and Bredthauer) and no one voting against. 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 Grand Island Council Session - 10/9/2012 Page 134 / 323 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 10/9/2012 Page 135 / 323 Grand Island Council Session - 10/9/2012 Page 136 / 323 DSK Second Subdivision Developer/Owner Danny Kunze 4318 E Bismark Rd Grand Island NE 68801 To create 2 lots north of Bismark Ave., and south of Stoneridge Path, in the City of Grand Island, in Hall County, Nebraska. Size: 3.250 acres Zoning: LLR – Large Lot Residential Road Access: City Roads Water Public: City water is not available Sewer Public: City sewer is not available Grand Island Council Session - 10/9/2012 Page 137 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-280 WHEREAS, Danny Kunze and Susan M. Kunze, husband and wife, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “DSK SECOND SUBDIVISION”, to be laid out into 2 lots, a tract of land comprising all of Lot Two (2), DSK Subdivision and all of Lot Thirteen (13), Eaglewood Acres Subdivision, all located in a part of the Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4), of 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 DSK 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, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 138 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G6 #2012-281 - Approving Final Plat and Subdivision Agreement for Lake Heritage Third Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 10/9/2012 Page 139 / 323 Council Agenda Memo From: Regional Planning Commission Meeting: October 9, 2012 Subject: Lake Heritage Third - Final Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located south of US Hwy 34 and east of Blaine Street. This final plat proposes to create 3 Lots on a part of Outlot A, Lake Heritage Second Subdivision in the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section Thirty Three (33), 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 9.43 acres. Discussion The revised plat for Lake Heritage Third Subdivision Final Plat was considered by the Regional Planning Commission at the October 3, 2012 meeting. A motion was made by Ruge and seconded by Connely to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (McCarty, O’Neill, Ruge, Hayes, Reynolds, Haskins, Eriksen, Connelly, and Bredthauer) and no one voting against. 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 - 10/9/2012 Page 140 / 323 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 10/9/2012 Page 141 / 323 Grand Island Council Session - 10/9/2012 Page 142 / 323 Doralene Niedfelt Developer/Owner Doralene Niedfelt 1515 W Hwy 34 Grand Island NE 68801 To create 3 lots south of US Hwy 34 and east of Blaine Street, in the City of Grand Island, in Hall County, Nebraska. Size: 9.43 acres Zoning: LLR - Large Lot Residential Road Access: City Roads Water Public: City water will be available as extension will be required with this subdivision Sewer Public: City sewer is available Grand Island Council Session - 10/9/2012 Page 143 / 323 Grand Island Council Session - 10/9/2012 Page 144 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-281 WHEREAS, Doralene F. Niedfelt Revocable Trust, Soralene F. Niedfelt, Trustee being the said owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “LAKE HERITAGE THIRD SUBDIVISION”, to be laid out into 3 lots, a part of Outlot A, Lake Heritage Second Subdivision in the Northwest Quarter (NW1/4) of the Northwest Quarter (NW1/4) of Section Thirty Three (33), 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 LAKE HERITAGE SECOND 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, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 145 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G7 #2012-282 - Approving City Council Meeting Schedule for 2013 Staff Contact: RaNae Edwards Grand Island Council Session - 10/9/2012 Page 146 / 323 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:October 9, 2012 Subject:City Council Meeting Schedule for 2013 Item #’s:G-7 Presenter(s):RaNae Edwards, City Clerk Background Grand Island City Code Chapter 2 specifies that Regular Meetings of the City Council shall be held in the Council Chambers of City Hall on the second and fourth Tuesdays of each month beginning at 7:00 p.m. City Council approved Ordinance No. 9009 on September 27, 2005 amending Chapter 2 of the Grand Island City Code allowing Study Sessions to be held at the discretion of the City Council. Discussion The City Clerk has prepared the proposed 2013 meeting schedule. This provides for the first City Council meeting to be a Regular Meeting on Tuesday, January 8, 2013. See attached proposed meeting dates. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the 2013 meeting schedule as presented 2.Refer the issue to a Committee 3.Modify the 2013 meeting schedule to meet the wishes of the Council 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed 2013 City Council meeting schedule. Sample Motion Move to approve the 2013 City Council meeting schedule as proposed. Grand Island Council Session - 10/9/2012 Page 147 / 323 PROPOSED 2013 CITY COUNCIL MEETING DATES January 8, 2013 July 9, 2013 January 22, 2013 July 23, 2013 February 12, 2013 August 13, 2013 February 26, 2013 August 27, 2013 March 12, 2013 September 10, 2013 March 26, 2013 September 24, 2013 April 9, 2013 October 8, 2013 April 23, 2013 October 22, 2013 May 14, 2013 November 12, 2013 May 28, 2013 November 26, 2013 June 11, 2013 December 3, 2013 June 25, 2013 December 17, 2013 Grand Island Council Session - 10/9/2012 Page 148 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-282 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City Council of the City of Grand Island, Nebraska will meet in the Council Chambers, 100 East First Street at 7:00 p.m. on the below-mentioned dates: 2013 City Council Meetings: January 8, 2013 July 9, 2013 January 22, 2013 July 23, 2013 February 12, 2013 August 13, 2013 February 26, 2013 August 27, 2013 March 12, 2013 September 10, 2013 March 26, 2013 September 24, 2013 April 9, 2013 October 8, 2013 April 23, 2013 October 22, 2013 May 14, 2013 November 12, 2013 May 28, 2013 November 26, 2013 June 11, 2013 December 3, 2013 June 25, 2013 December 17, 2013 - - - Adopted by the City Council of the City of Grand Island, Nebraska on October 9, 2012. ____________________________________ _Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 149 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G8 #2012-283 - Approving Agreement for Funding with the Crisis Center, Inc. Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 150 / 323 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:October 9, 2012 Subject:Approving Funding Contracts for Outside Agencies Item #’s:G-8 thru G-15 Presenter(s):Jaye Monter, Finance Director Background During the June 23, 2009 City Council meeting, Council agreed to a proposal suggested in 2008 that funding for charitable organizations be reduced to zero over a five year period from the 2009 funding level. The City’s 2012-2013 Budget will be the fifth and final year of Outside Agency Funding. The Clean Community System does not fall under the reduced funding proposal. The City is authorized to establish and provide for the support of any service, facility, or system required by the Integrated Solid Waste Management Act. The City has been providing funds to the Clean Community System since 1987. Discussion Resolutions #2012-283 through #2012-290 are agreements with these agencies to provide their services. No agreement is needed with the Central District Health Department, as there is a current inter-local agreement in place which details their services. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the contracts with the Outside Agencies 2.Postpone the issue to future date 3.Modify the resolution to meet the wishes of the Council Grand Island Council Session - 10/9/2012 Page 151 / 323 Recommendation City Administration recommends that the Council approve the Outside Agency agreements. Sample Motion Move to approve the Funding Agreements for the Outside Agencies. Grand Island Council Session - 10/9/2012 Page 152 / 323 City of Grand Island OUTSIDE AGENCY FUNDING 2009 2010 2011 2012 2013 ORGANIZATION FUNDING FUNDING FUNDING FUNDING FUNDING Fund Community Humanitarian Resource (Hope Harbor)$4,500 $3,600 $2,880 $1,800 $900 General Convention and Visitors Bureau $10,000 $8,000 $6,400 $4,000 $2,000 General Council for International Visitors $1,000 $800 $640 $400 $200 General Crisis Center $12,000 $9,600 $7,680 $4,800 $2,400 General Retired and Senior Volunteer Program (RSVP) *$10,000 $0 $0 $0 $0 General Senior Citizens Industries, Inc.$15,000 $12,000 $9,600 $6,000 $3,000 General Multicultural Coalition $10,000 $8,000 $6,400 $4,000 $2,000 General Izaac Walton Kids Fishing Derby $2,000 $1,600 $1,280 $800 $400 General Totals $ 64,500 $ 43,600 $ 34,880 $ 21,800 $ 10,900 General *Note: The RSVP Program closed on March 31, 2009 and returned $6,667 in unspent grant monies to the City. AGENCIES WITH WORKING RELATIONSHIPS WITH CITY DEPARTMENTS 2009 2010 2011 2012 2013 ORGANIZATION FUNDED FUNDED FUNDED FUNDED FUNDED Central District Health Department $ 120,000 $ 120,000 $ 114,900 $ 110,740 $ 110,740 General Clean Community Systems $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 Solid Waste Enterprise Totals $ 140,000 $ 140,000 $ 134,900 $ 130,740 $ 130,740 TOTALS $ 204,500 $ 183,600 $ 169,780 $ 152,540 $ 141,640 Grand Island Council Session - 10/9/2012 Page 153 / 323 AGREEMENT THIS AGREEMENT is made and entered into this _____ day of __________________, 2012, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and the CRISIS CENTER, INC., a non-profit agency. WHEREAS, the City is authorized pursuant to Neb. Rev. Stat. §16-246 to preserve order and secure persons or property from violence, danger and destruction; and WHEREAS, the Crisis Center provides a 24-hour per day service for victims of family violence and sexual assault; and WHEREAS, the City desires to contract with the Crisis Center to perform certain services associated with victims of family violence and sexual assault. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and the Crisis Center agree as follows: 1.RESPONSIBILITIES. The Crisis Center agrees to perform the following services pursuant to this agreement: (A) Provide a safe shelter for victims and victims’ family members who are in danger or when there is a threat of danger. (B) Provide emergency and support transportation to enable victims and victims’ family members to access law enforcement agencies, medical treatment, necessary support agencies, court hearings, and/or a safer environment. (C) Provide medical attention, if needed, and obtain prescriptions (if not covered by client’s insurance or through Medicaid). (D) Assist in filing protection orders. (E) Provide clothing/food to persons forced to leave their home without time to pack belongings. (F) Provide child care while the victim are seeking housing, jobs, and keeping appointments with human service agencies. (G) Assist victims in developing plans to address goals, feelings, roadblocks and services in the community. (H) Provide support to victims during criminal and civil court proceedings. Grand Island Council Session - 10/9/2012 Page 154 / 323 - 2 - (I) Provide support groups to address domestic violence, sexual assault, and teen dating violence issues. (J) Conduct presentations on date rape, dating violence, domestic violence, elder abuse, rape, acquaintance rape, incest, child abuse, and suicide issues and concerns to school groups, civic organizations and governmental agencies. 2.COMPENSATION. In consideration of the Crisis Center performing the services provided for in this agreement, the City agrees to pay the Crisis Center Two Thousand Four Hundred and No/100 Dollars ($2,400.00). Such amount shall be paid upon the execution of this agreement by all parties, and upon approval of this agreement by the Grand Island City Council. 3.TERM. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2013. 4.LIMITATION. The Crisis Center hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated in the 2012-2013 budget presentation and approved by City Council in the 2012-2013 fiscal year City budget. 5.ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the City and the Crisis Center notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By:____________________________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk THE CRISIS CENTER, INC., A Non-Profit Agency, By:____________________________________ Shellie Pointer, Executive Director Grand Island Council Session - 10/9/2012 Page 155 / 323 - 3 - STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On ___________________________, 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Shellie Pointer, Executive Director of the Crisis Center, Inc., a Non-Profit Agency, known personally to me to be the identical person who signed the foregoing Agreement and acknowledged the execution thereof to be his/her 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 - 10/9/2012 Page 156 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-283 WHEREAS, the City is authorized by state law to contract with The Crisis Center, Inc., a non-profit agency, to provide services to victims of family violence and sexual assault; and WHEREAS, the City desires to enter into a contract with The Crisis Center to provide such services to victims of family violence and sexual assault; and WHEREAS, the City shall provide funding to The Crisis Center in the amount of $2,400 during fiscal year 2012-2013 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and The Crisis Center, Inc. to provide services to victims of family violence and sexual assault. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with The Crisis Center on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 157 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G9 #2012-284 - Approving Agreement for Funding with the Grand Island Area Council for International Visitors This item relates to Consent item G-8. Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 158 / 323 - 1 - AGREEMENT THIS AGREEMENT is made and entered into this ______ day of __________________, 2012, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and the GRAND ISLAND AREA COUNCIL FOR INTERNATIONAL VISITORS, a non-profit agency, hereinafter referred to as “CIV”. WHEREAS, the City is authorized pursuant to Neb. Rev. Stat. §16-246 to maintain the peace, good government, and welfare of the City, and for promoting the public health, safety, convenience, comfort, morals and the general interests and welfare of the inhabitants of the city; and WHEREAS, CIV designs and implements professional programs and provides cultural activities and home hospitality opportunities for foreign leaders, specialists and international scholars; and WHEREAS, the City desires to contract with CIV to coordinate visits from international guests in promoting the various aspects of the community. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and CIV agree as follows: 1.Responsibilities. CIV shall maintain a group of trained persons available to coordinate arrangements with international guests to promote the Grand Island community. The City will provide administrative assistance in compiling press releases, providing agendas and fax services. 2.Compensation. In consideration of CIV performing the services provided for in this agreement, the City agrees to pay CIV Two Hundred and No/100 Dollars ($200.00). Such amount to be paid upon the execution of this agreement by all parties, and approval of this agreement by the Grand Island City Council. 3.Term. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2013. 4.Limitation. CIV hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated herein and approved by City Council in the City's 2012-2013 fiscal year budget. 5.Entire Agreement. This agreement constitutes the entire agreement between the City and CIV notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. Grand Island Council Session - 10/9/2012 Page 159 / 323 - 2 - IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A municipal corporation, By:____________________________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk GRAND ISLAND AREA COUNCIL FOR INTERNATIONAL VISITORS, a Nebraska non-profit agency, By:____________________________________ Julie Bringelson, President STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On ____________________, 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Julie Bringelson, President of the Grand Island Area Council for International Visitors, a Nebraska non-profit agency, known personally to me to be the identical person who signed the foregoing Agreement and acknowledged 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 - 10/9/2012 Page 160 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-284 WHEREAS, the City is authorized by state law to contract with the Grand Island Area Council For International Visitors, a non-profit agency, to provide cultural activities and home hospitality opportunities for foreign leaders, specialists and international scholars in promoting the various aspects of the Grand Island community; and WHEREAS, the City desires to enter into a contract with the Grand Island Area Council for International Visitors to provide such services; and WHEREAS, it is recommended that the City provide funding to the Grand Island Area Council for International Visitors in the amount of $200 during fiscal year 2012-2013 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and the Grand Island Area Council for International Visitors to provide funding in the amount of $400 in support of cultural activities and home hospitality opportunities for foreign leaders, specialists and international scholars in promoting the various aspects of the Grand Island community. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Grand Island Area Council for International Visitors on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 161 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G10 #2012-285 - Approving Agreement for Funding with the Convention & Visitors Bureau This item relates to Consent item G-8. Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 162 / 323 - 1 - AGREEMENT THIS AGREEMENT is made and entered into this ______ day of __________________, 2012, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and the GRAND ISLAND HALL COUNTY CONVENTION & VISITORS BUREAU, a non-profit agency, hereinafter referred to as “CVB”. WHEREAS, the City is authorized pursuant to Neb. Rev. Stat. §16-246 to maintain the peace, good government, and welfare of the City, and for promoting the public health, safety, convenience, comfort, morals and the general interests and welfare of the inhabitants of the city; and WHEREAS, CVB promotes and markets convention business and tourism to the Grand Island/Hall County area; and WHEREAS, the City desires to contract with CVB to continue coordination efforts to attract and pursue such convention business and tourists to this area. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and CVB agree as follows: 1.Responsibilities. CVB shall market and promote the City of Grand Island for the purpose of attracting convention business and tourists to the Grand Island community. 2.Compensation. In consideration of CVB performing the services provided for in this agreement, the City agrees to pay CVB Two Thousand and No/100 Dollars ($2,000.00). Such amount to be paid upon the execution of this agreement by all parties, and approval of this agreement by the Grand Island City Council. 3.Term. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2013. 4.Limitation. CVB hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated in their budget presentation for 2012-2013 fiscal year. 5.Entire Agreement. This agreement constitutes the entire agreement between the City and CVB notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. Grand Island Council Session - 10/9/2012 Page 163 / 323 - 2 - IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A municipal corporation, By:____________________________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk GRAND ISLAND HALL COUNTY CONVENTION AND VISITORS BUREAU, a Nebraska non-profit agency, By:____________________________________ ___________________, Executive Director STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On ____________________, 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ___________________________________, Executive Director of the Grand Island Hall County Convention and Visitors Bureau, a Nebraska non-profit agency, known personally to me to be the identical person who signed the foregoing Agreement and acknowledged the execution thereof to be her 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 - 10/9/2012 Page 164 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-285 WHEREAS, the City is authorized by state law to contract with the Grand Island Hall County Convention and Visitors Bureau, a non-profit agency, to market and promote tourism and convention activities in the area; and WHEREAS, the City desires to enter into a contract with the Grand Island Hall County Convention and Visitors Bureau to provide such services; and WHEREAS, it is recommended that the City provide funding to the Grand Island Hall County Convention and Visitors Bureau in the amount of $2,000 during the fiscal year 2012-2013 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and the Grand Island Hall County Convention and Visitors Bureau to provide funding in the amount of $4,000 in support of tourism and convention activities in the Grand Island area. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Grand Island Hall County Convention and Visitors Bureau on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 165 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G11 #2012-286 - Approving Agreement for Funding with Izaak Walton Kids Fishing Derby This item relates to Consent item G-8. Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 166 / 323 AGREEMENT THIS AGREEMENT is made and entered into this _____ day of _________________, 2012, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and the “IZAAK WALTON KIDS FISHING DERBY”, hereinafter referred to as the Fishing Derby. WHEREAS, the City desires to contract with the Fishing Derby to increase public awareness of fishing, to encourage youth to experience the sport first hand and to advocate an alternative activity to drugs and alcohol. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Fishing Derby agrees to perform the services as set forth in the City budget approved on September 11, 2012. COMPENSATION. In consideration of the Fishing Derby performing the services provided for in this agreement, the City agrees to pay the Fishing Derby Four Hundred and No/100 Dollars (400.00). Payment shall be made upon execution of this agreement by all parties, and upon approval of this agreement by the Grand Island City Council. TERM. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2013. LIMITATION. The Fishing Derby hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated herein. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the City and the Fishing Derby notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By:____________________________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 167 / 323 - 2 - “IZAAK WALTON KIDS FISHING DERBY” By:____________________________________ John Meister, Director STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _______________________, 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John Meister, Director of “Izaak Walton Kids Fishing Derby”, known personally to me to be the identical person who signed the foregoing Agreement and acknowledged 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 - 10/9/2012 Page 168 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-286 WHEREAS, in June, 2011, the fourteenth annual “Izaak Walton Kids Fishing Derby” was held at the Nebraska Veterans Home Lake in Grand Island; and WHEREAS, the goal of this event is to increase public awareness of fishing, to encourage youth to experience the sport first hand and to advocate an alternative activity to drugs and alcohol; and WHEREAS, the City agrees to pay the Fishing Derby $400 for performing agreed upon services during the 2012-2013 fiscal year as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and the Fishing Derby to perform services to increase public awareness of fishing, to encourage youth to experience the sport first hand and to advocate an alternative activity to drugs and alcohol. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Fishing Derby on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 169 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G12 #2012-287 - Approving Agreement for Funding with Hope Harbor This item relates to Consent item G-8. Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 170 / 323 AGREEMENT THIS AGREEMENT is made and entered into this ______ day of __________________, 2012, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and HOPE HARBOR, a Nebraska non-profit corporation. WHEREAS, the City is authorized pursuant to Neb. Rev. Stat. §16-246 to maintain the peace, good government, and welfare of the City, and for promoting the public health, safety, convenience, comfort, morals and the general interests and welfare of the inhabitants of the city; and WHEREAS, Hope Harbor provides a variety of services to needy, homeless and near homeless families located in Grand Island; and WHEREAS, the City desires to contract with Hope Harbor to assist in the costs of providing a transitional shelter for the needy, homeless and near homeless families of this community, and for providing emergency services to such individuals. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and Hope Harbor agree as follows: 1.Responsibilities. Hope Harbor agrees to provide and maintain a transitional shelter for the needy, homeless and near homeless families of the Grand Island community, and shall continue to provide emergency services and referrals to the needy and other service providers. 2.Compensation. In consideration of Hope Harbor performing the services provided for in this agreement, the City agrees to pay Hope Harbor Nine Hundred and No/100 Dollars ($900.00). Such payment to be paid upon the execution of this agreement by all parties, and upon approval of this agreement by the Grand Island City Council. 3.Term. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2013. 4.Limitation. Hope Harbor hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated in their budget presentation for the 2012-2013 fiscal year. 5.Entire Agreement. This agreement constitutes the entire agreement between the City and Hope Harbor notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. Grand Island Council Session - 10/9/2012 Page 171 / 323 - 2 - IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A municipal corporation, By:____________________________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk HOPE HARBOR, A Nebraska non-profit corporation, By:____________________________________ Melissa J. DeLaet, Executive Director STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On ________________________, 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Melissa J. DeLaet, Executive Director of Hope Harbor, a Nebraska Non- Profit Corporation, known personally to me to be the identical person who signed the foregoing Agreement and acknowledged the execution thereof to be her 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 - 10/9/2012 Page 172 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-287 WHEREAS, the City is authorized by state law to contract with Hope Harbor, formerly known as Community Humanitarian Resource Center, a non-profit agency, to assist in the operation of a transitional homeless shelter, emergency services and referrals to the needy and other service providers in the Grand Island area; and WHEREAS, the City desires to enter into a contract with Hope Harbor to provide such services; and WHEREAS, the City shall provide funding to Hope Harbor in the amount of $900 during fiscal year 2012-2013 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and Hope Harbor to assist in the operation of the transitional homeless shelter in Grand Island and to offer emergency services and referrals to the needy and other service providers in the Grand Island area. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with Hope Harbor on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 173 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G13 #2012-288 - Approving Agreement for Funding with the Grand Island Multicultural Coalition This item relates to Consent item G-8. Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 174 / 323 AGREEMENT THIS AGREEMENT is made and entered into this ______ day of __________________, 2012, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and THE MULTICULTURAL COALITION, a Nebraska non-profit corporation. WHEREAS, the City is authorized pursuant to Neb. Rev. Stat. §16-246 to maintain the peace, good government, and welfare of the City, and for promoting the public health, safety, convenience, comfort, morals and the general interests and welfare of the inhabitants of the city; and WHEREAS, The Multicultural Coalition was formed to respond to the needs of the increasingly culturally diverse city of Grand Island; and WHEREAS, the City desires to contract with The Multicultural Coalition to provide a comprehensive service delivery center that serves new immigrants, reduces duplication of services, better utilizes the time of clients and service providers, eliminates barriers to services, and stretches limited financial resources of service providers. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and CHRC agree as follows: 1.Responsibilities. The Multicultural Coalition agrees to provide a comprehensive service delivery center that serves new immigrants, reduces duplication of services, better utilizes the time of clients and service providers, eliminates barriers to services, and stretches limited financial resources of service providers. 2.Compensation. In consideration of The Multicultural Coalition performing the services provided for in this agreement, the City agrees to pay The Multicultural Coalition Two Thousand and No/100 Dollars ($2,000.00). Such payment to be paid upon the execution of this agreement by all parties, and upon approval of this agreement by the Grand Island City Council. 3.Term. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2013. 4.Limitation. The Multicultural Coalition hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated in their budget presentation for the 2012-2013 fiscal year. 5.Entire Agreement. This agreement constitutes the entire agreement between the City and The Multicultural Coalition notwithstanding any other oral agreements or Grand Island Council Session - 10/9/2012 Page 175 / 323 - 2 - understandings to the contrary and may be amended only in writing, approved and executed as required by law. IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A municipal corporation, By:____________________________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk THE MULTICULTURAL COALITION, a Nebraska non-profit corporation, By:____________________________________ Carlos Barcenas, Director STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On ________________________, 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Carlos Barcenas, Director of The Multicultural Coalition, a Nebraska Non- Profit Corporation, known personally to me to be the identical person who signed the foregoing Agreement and acknowledged the execution thereof to be her 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 - 10/9/2012 Page 176 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-288 WHEREAS, the City is authorized by state law to contract with The Multicultural Coalition, a non-profit agency, to provide for the needs of the increasingly culturally diverse city of Grand Island; and WHEREAS, the City desires to enter into a contract with The Multicultural Coalition to provide a comprehensive service delivery center that serves new immigrants, reduces duplication of services, better utilizes the time of clients and service providers, eliminates barriers to services and stretches limited financial resources of service providers; and WHEREAS, the City shall provide funding to The Multicultural Coalition in the amount of $2,000 during fiscal year 2012-2013 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and The Multicultural Coalition to provide services to the increasingly culturally diverse City of Grand Island. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with The Multicultural Coalition on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 177 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G14 #2012-289 - Approving Agreement for Funding with Senior Citizens Industries, Inc. This item relates to Consent item G-8. Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 178 / 323 AGREEMENT THIS AGREEMENT is made and entered into this ______ day of __________________, 2012, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and SENIOR CITIZENS INDUSTRIES, INC., a Nebraska non-profit corporation, hereinafter referred to as “SCI”. WHEREAS, the City is authorized pursuant to Neb. Rev. Stat. §16-255 to contract with state agencies, political subdivisions, and private non-profit agencies to plan, initiate, operate, maintain, administer funding for, and evaluate facilities, programs and services designed to meet the needs of elderly persons; and WHEREAS, SCI provides a variety of services to elderly and handicapped individuals; and WHEREAS, the City desires to contract with SCI to provide the equipment, buildings, utilities and goods including food to provide services to elderly and handicapped individuals. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and SCI agree as follows: 1.Responsibilities. SCI agrees to provide the equipment, buildings, utilities and goods including food to provide services to elderly and handicapped individuals. 2.Compensation. In consideration of SCI performing the services provided for in this agreement, the City agrees to pay SCI Three Thousand and No/100 Dollars ($3,000.00). Such payment to be paid upon the execution of this agreement by all parties, and upon approval of this agreement by the Grand Island City Council. 3.Term. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2013. 4.Limitation. SCI hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated in their budget presentation for the 2012-2013 fiscal year. 5.Entire Agreement. This agreement constitutes the entire agreement between the City and SCI notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. Grand Island Council Session - 10/9/2012 Page 179 / 323 - 2 - IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A municipal corporation, By:____________________________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk SENIOR CITIZENS INDUSTRIES, INC., a Nebraska non-profit corporation, By:____________________________________ Theresa Engelhardt, Executive Director STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On ________________________, 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Theresa Engelhardt, Executive Director of the Senior Citizens Industries, Inc., a Nebraska Non-Profit Corporation, known personally to me to be the identical person who signed the foregoing Agreement and acknowledged the execution thereof to be his/her 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 - 10/9/2012 Page 180 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-289 WHEREAS, the City is authorized by state law to contract with Senior Citizens Industries, Inc., a Nebraska non-profit corporation, to provide the equipment, buildings, utilities and goods including food to provide services to elderly and handicapped individuals; and WHEREAS, the City desires to enter into a contract with Senior Citizens Industries, Inc. to provide such services; and WHEREAS, the City shall provide funding to Senior Citizens Industries in the amount of $3,000 during fiscal year 2012-2013 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and Senior Citizen Industries, Inc. to provide the equipment, buildings, utilities and goods including food to provide services to elderly and physically challenged individuals. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with Senior Citizens Industries, Inc. on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 181 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G15 #2012-290 - Approving Agreement for Funding with Clean Community System This item relates to Consent item G-8. Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 182 / 323 AGREEMENT THIS AGREEMENT is made and entered into this _____ day of _________________, 2012, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City”, and GRAND ISLAND AREA - CLEAN COMMUNITY SYSTEM, hereinafter referred to as “CCS”. WHEREAS, the City is authorized to establish and provide for the support of any service, facility, or system required by the Integrated Solid Waste Management Act pursuant to the authority of Section 13-2021 of the Nebraska Revised Statutes, as amended; and WHEREAS, the Integrated Solid Waste Management Act requires the implementation of a solid waste management plan to provide for a local waste reduction and recycling program; and WHEREAS, the CCS actively educates the public on recycling and solid waste and other environmental issues, and provides an educational resource center on such issues; and WHEREAS, the City desires to and the City Council has approved such expenses within the 2012-2013 fiscal year's budget adopted by City Council on September 11, 2012 to contract with CCS to perform certain services associated with environmental, solid waste and recycling matters. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and the CCS agree as follows: 1.RESPONSIBILITIES. The CCS agrees to perform the following services pursuant to this agreement: (A) Develop and print 20,000 utility bill inserts three to four times per year on environmental issues. (B) Develop and print 20,500 recycling brochures annually, updating recycling opportunities in Grand Island. (C) Work with local recyclers to identify public misunderstanding of existing recycling programs. Assist in providing public education to maximize recycling program use and minimize problems. (D) Foster and support corridor litter controls and beautification groups and organizations. (E) Provide and maintain information on environmental/recycling issues and concerns. (F) Provide consulting services to implement integrated solid waste plans. Grand Island Council Session - 10/9/2012 Page 183 / 323 - 2 - (G) Endorse and encourage recycling through educational presentations. (H) Conduct presentations on environmental issues and concerns to school groups, civic organizations and governmental agencies. (I) Coordinate community clean-ups with Grand Island Solid Waste Superintendent. (J) Work with the Solid Waste Superintendent to collect and evaluate recycling/diversion data from local recyclers. 2.COMPENSATION. In consideration of the CCS performing the services provided for in this agreement, the City agrees to pay the CCS Twenty Thousand and No/100 Dollars ($20,000.00). Payment shall be made upon execution of this agreement by all parties, and upon approval of this agreement by the Grand Island City Council. 3.TERM. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate on September 30, 2013. 4.LIMITATION. CCS hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated herein. 5.ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the City and CCS notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By:____________________________________ Jay Vavricek, Mayor Attest:____________________________________ RaNae Edwards, City Clerk GRAND ISLAND AREA - CLEAN COMMUNITY SYSTEM By:____________________________________ ________________, Executive Coordinator Grand Island Council Session - 10/9/2012 Page 184 / 323 - 3 - STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _______________________, 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared _____________________________________, Executive Coordinator for the Grand Island Area - Clean Community System, known personally to me to be the identical person who signed the foregoing Agreement and acknowledged the execution thereof to be her 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 - 10/9/2012 Page 185 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-290 WHEREAS, the City is authorized to establish and provide for the support of any service, facility or system required by the Integrated Solid Waste Management Act; and WHEREAS, the City desires to contract with Grand Island Area – Clean Community System to perform certain services associated with environmental education which are required by the Integrated Solid Waste Management Act; and WHEREAS, the City agrees to pay Grand Island Area – Clean Community System $20,000 for performing agreed upon services during the 2012-2013 fiscal year as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and Grand Island Area – Clean Community System to perform services associated with environmental education. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with Grand Island Area – Clean Community System on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 186 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G16 #2012-291 - Approving Acquisition of Utility Easement - GI Area Economic Development Corp. - Millard Warehouse This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 10/9/2012 Page 187 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-291 WHEREAS, a public utility easement is required by the City of Grand Island, from Grand Island Area Economic Development Corporation, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 9, 2012, for the purpose of discussing the proposed acquisition of an easement twenty feet in width, the centerline of which is located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the northeast corner of the West Half of the East Half of the Southwest Quarter (W1/2, E1/2, SW1/4), Section Four (4), Township Eleven (11) North, Range Nine (9) West; thence southerly along the easterly line of the West Half of the East Half of the Southwest Quarter (W1/2, E1/2, SW1/4) said Section Four (4), a distance of one thousand nine hundred twenty eight and seventy nine hundredths (1,928.79) feet; thence westerly and perpendicular to the easterly line of the West Half of the East Half of the Southwest Quarter (W1/2, E1/2, SW1/4) said Section Four (4), a distance of ten (10.0) feet to the ACTUAL Point of Beginning; thence southerly and ten (10.0) feet parallel with the easterly line of the West Half of the East Half of the Southwest Quarter (W1/2, E1/2, SW1/4),said Section Four (4), a distance of ninety two and five hundredths (92.05) feet; thence deflecting left 26º23’51” and running in a southeasterly direction, a distance of two hundred eighty five and sixty six hundredths (285.66) feet a point on the northerly right-of-way line of the Burlington Northern Santa Fe Railway. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the northern boundary of said Rail Road Right-of-Way. The above-described easement and right-of-way containing 0.16 acres, more or less, as shown on the plat dated 9/20/2012, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from the Grand Island Area Economic Development Corporation, on the above-described tract of land. - - - Grand Island Council Session - 10/9/2012 Page 188 / 323 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 189 / 323 Grand Island Council Session - 10/9/2012 Page 190 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G17 #2012-292 - Approving Agreement for Temporary Construction Easements for the Southwest Outfall Drainage Project No. 2011-D- 1 Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 191 / 323 Council Agenda Memo From:Terry Brown, Manager of Engineering Services Meeting:October 9, 2012 Subject:Approving Agreement for Temporary Construction Easements for the Southwest Outfall Drainage Project No. 2011-D-1 Item #’s:G-17 Presenter(s):Terry Brown, Interim Public Works Director Background The Southwest Outfall Drainage project will intercept drainage from the US Highway 281 area southwest of the Brentwood area and take the storm water east towards the Wood River in accordance with the drainage plan prepared for this area in 1978. Temporary Construction easements are necessary for this project to be completed, which must be approved by City Council. Discussion The planned work, as stated in the background will aid in alleviating flooding that occurs in the Brentwood area during high rainfall events. A temporary construction easement will be needed from 3 property owners in this drainage project area. All easement documents have been signed and returned by the property owners. Authorization of the easement documents is contingent upon City Council approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 10/9/2012 Page 192 / 323 Recommendation City Administration recommends that the Council approve the Agreement for Temporary Construction Easements between the City of Grand Island, Public Works Department and the affected property owners in the Southwest Outfall Drainage Project No. 2011-D-1 area. Sample Motion Move to approve the Temporary Construction Easements. Grand Island Council Session - 10/9/2012 Page 193 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-292 WHEREAS, temporary easements are required by the City of Grand Island, from the affected property owners in the Southwest Outfall Drainage Project No. 2011-D-1 area, as follows: Clark Gauthier – Easement No. 1 Description Consisting of part of Lot 5 of Riverside Farm Fourth Subdivision, Located in the Southeast Quarter (SE1/4) of Section 29, Township 11 North, Range 9 west of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the south corner of said Lot 5, said point being on the north right-of-way (R.O.W.) line of Highway 34; thence on an assumed bearing of N0309’15”W along a westerly line of said Lot 5 a distance of 12.17 feet to the point of beginning; thence continuing along said westerly line N0309’15”W a distance of 11.69 feet to the southwest corner of City of Grand Island Drainage Project 2011-D-1 permanent drainage easement; thence S8957’04”E along the south line of said permanent drainage easement a distance of 33.29 feet to the southeast corner of said permanent drainage easement, said point also being on a easterly line of said Lot 5; thence S5320’59”W along said easterly line a distance of 19.69 feet; thence N8937’13”W a distance of 16.85 feet to the pint of beginning. Said temporary construction easement contains 294.24 square feet or 0.01 acres more or less. Easement No. 2 Description Consisting of part of Lot 5 of Riverside Farm Fourth Subdivision, located in the Southeast Quarter (SE ¼) of Section 29, Township 11 North, Range 9 West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the south corner of said Lot 5, said point also being on the north right-of-way (R.O.W.) line of Highway 34; thence on an assumed bearing of N0309’15”W along a westerly line of said Lot 5 a distance of 63.92 feet to the northwest corner of City of Grand Island Drainage Project 2011-D-1 permanent drainage easement, said point also being the point of beginning; thence continuing along said westerly line N0309’15”W a distance of 17.60 feet; thence S8836’46”E a distance of 110.34 feet to a point on a easterly line of said Lot 5; thence S5320’59”W along said easterly line a distance of 25.10 feet to the northeast corner of said City of Grand island permanent drainage easement; thence N8957’04”W along the north line of said permanent drainage easement a distance of 89.20 feet to the point of beginning. Said temporary construction easement contains 1637.16 square feet or 0.04 acres more or less. Carl & Lori Armstrong – Easement No. 1 Description Consisting of a part of Lot 1 of Riverside Farm Fourth Subdivision, Located in the Southeast Quarter (SE1/4) of Section 29, Township 11 North, Range 9 west of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Grand Island Council Session - 10/9/2012 Page 194 / 323 - 2 - Commencing at the southwest corner of said Lot 1, said point also being on the north right-of- way (R.O.W.) line of Highway 34; thence on an assumed bearing of N0309’15”W along a westerly line of said Lot 1 a distance of 10.00 feet to the point of beginning; thence continuing along said westerly line N0309’15”W a distance of 11.22 feet to the southwest corner of City of Grand Island Drainage Project 2011-D-1 permanent drainage easement; thence S8957’04”E along the south line of said permanent drainage easement a distance of 80.74 feet to the southeast corner of said permanent drainage easement, said point also being on a easterly line of said Lot 1; thence S0309’15”E along said easterly line a distance of 11.69 feet; thence N8937’13”W a distance of 80.77 feet to the point of beginning. Said temporary construction easement contains 923.54 square feet or 0.02 acres more or less. Easement No. 2 Description Consisting of part of Lot 1 of Riverside Farm Fourth Subdivision, located in the Southeast Quarter (SE ¼) of Section 29, Township 11 North, Range 9 West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the southwest corner of said Lot 1, said point also being on the north right-of- way (R.O.W.) line of Highway 34; thence on an assumed bearing of N0309’15”W along a westerly line of said Lot 1 a distance of 61.28 feet to the northwest corner of City of Grand Island Drainage Project 2011-D-1 permanent drainage easement, said point also being the point of beginning; thence continuing along said westerly line N0309’15”W a distance of 19.50 feet; thence S8836’46”E a distance of 80.87 feet to a point on a easterly line of said Lot 1; thence S0309’15”Ealong said easterly line a distance of 17.60 feet to the northeast corner of said City of Grand Island permanent drainage easement; thence N8957’04”W along the north line of said permanent drainage easement a distance of 80.74 feet to the point of beginning. Said temporary construction easement contains 1495.41 square feet or 0.03 acres more or less. Kevin & Karen Houtwed - Consisting of part of Lot 8 of Riverside Farm Subdivision, Located in the Southeast Quarter (SE1/4) of Section 29, Township 11 North, Range 9 west of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the point of intersection of the north right-of-way (R.O.W.) line of Highway 34 and a westerly line of said Lot 8, said point also being the south corner of Lot 5 of Riverside Farm Subdivision in the City of Grand Island, Hall County, Nebraska; thence on an assumed bearing of N5320’59”E along said westerly line of said Lot 8 a distance of 20.17 feet to the point of beginning; thence continuing along said westerly line N5320’59”E a distance of 19.69 feet to the southwest corner of City of Grand Island Drainage Project 2011-D-1 permanent drainage easement; thence S8957’04”E along the south line of said permanent drainage easement a distance of 385.02 feet to the southeast corner of said permanent drainage easement; thence N0002’56”E along the east line of said permanent drainage easement a distance of 40.00 feet to the northeast corner of said permanent drainage easement; thence N8957’04” W along the north line of said permanent drainage easement a distance of 331.36 feet to the northwest corner of said permanent drainage easement, said point also being on the westerly line of said Lot 8; thence N5320’59”E along said easterly line a distance of 25.10 feet; thence S8957’04”E a distance of 321.23 feet; thence S0002’56”W a distance of 60.00 feet; thence N8957’04”W a Grand Island Council Session - 10/9/2012 Page 195 / 323 - 3 - distance of 111.97 feet; thence S2944’44”W a distance of 32.85 feet to a point on the north R.O.W. line of highway 34; thence N8805’20”W along said north R.O.W. line a distance of 25.20 feet; thence N7012’19”W a distance of 48.85 feet; thence N8844’48”W a distance of 211.45 feet to the point of beginning. Said temporary easement contains 11066.99 square feet or 0.25 acres more or less. WHEREAS, an Agreement for Temporary Easements has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreements for Temporary Easements on the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 196 / 323 Grand Island Council Session - 10/9/2012 Page 197 / 323 Grand Island Council Session - 10/9/2012 Page 198 / 323 Grand Island Council Session - 10/9/2012 Page 199 / 323 Grand Island Council Session - 10/9/2012 Page 200 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G18 #2012-293 - Approving Bid Award for Three (3) Multi-Directional Folding Vee Plows for the Solid Waste Division and Streets Division Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 201 / 323 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Shannon Callahan, Street Superintendent Meeting:October 9, 2012 Subject:Approving Bid Award for Three (3) Multi-Directional Folding Vee Plows for the Solid Waste Division and Streets Division Item #’s:G-18 Presenter(s):Terry Brown, P.E., Interim Public Works Director Background On September 7, 2012 the Solid Waste and Streets Divisions of the Public Works Department advertised the request for bids for Three (3) Multi-Directional Folding Vee Plows. Funds for the vee plows are in the approved 2012/2013 budget. Discussion Three (3) bids were received and opened on September 25, 2012. The Solid Waste Division & Streets Division of the Public Works Department, as well as the Purchasing Division reviewed the bids that were received. The bid by Murphy Tractor & Equipment Co. of Grand Island, NE meets all of the specifications. The Solid Waste Division is purchasing one (1) 14' vee plow and the Streets Division is purchasing two (2) 12' vee plows. These vee plows will mount on existing City wheel loaders and will play an integral role in snow clearing and snow removal operations for the City. Bidder Price For (1) 14’ Vee Plow For Solid Waste Division Price for (2) 12’ Vee Plows For Streets Division Total Roadbuilders Machinery & Supply $26,207.85 $50,994.98 $77,202.83 Murphy Tractor & Equipment $23,526.00 $42,895.00 $66,421.00 NMC, Inc.$23,586.00 $44,952.00 $68,538.00 Grand Island Council Session - 10/9/2012 Page 202 / 323 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 purchase of the three (3) vee plows from Murphy Tractor & Equipment of Grand Island, NE in the amount of $66,421.00. Sample Motion Move to approve the purchase of the three (3) vee plows from Murphy Tractor & Equipment of Grand Island, NE in the amount of $66,421.00. Grand Island Council Session - 10/9/2012 Page 203 / 323 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 25, 2012 at 2:00 p.m. FOR:(3) Multi-Directional Folding Vee Plows DEPARTMENT:Public Works ESTIMATE:$25,000.00 & $36,000.00 FUND/ACCOUNT:50530040-85615 & 10033501-85615 PUBLICATION DATE:September 7, 2012 NO. POTENTIAL BIDDERS:4 SUMMARY Bidder:RoadBuilders Machinery & Supply Murphy Tractor & Equipment Co. Grand Island, NE Grand Island, NE Bid Security:Fidelity & Deposit Co.Sentry Insurance Exceptions:None None Bid Price: (1) 14' Plow:$26,207.85 $23,526.00 Delivery Date:90 Days 90 Days Option 11/1/12: N/A N/A (2) 12’ Plows:$48,794.98 $42,895.00 Delivery Date:90 days 30 days after order received or Nov. 1 Option 11/1/12:$$2,200.00 3-4 weeks Included Total Price:$77,202.83 $66,421.00 Grand Island Council Session - 10/9/2012 Page 204 / 323 Bidder:NMC, Inc. Doniphan, NE Bid Security:Travelers Casualty & Surety Co. Exceptions:None Bid Price: (1) 14' Plow:$23,586.00 Delivery Date:90 days Option 11/1/12: N/A (2) 12’ Plows:$42,446.00 Delivery Date:90 days Option 11/1/12:$2,506.00 Total Price:$68,538.00 cc:Terry Brown, Interim Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Jeff Wattier, Solid Waste Supt. Mary Lou Brown, City Administrator P1589 Grand Island Council Session - 10/9/2012 Page 205 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-293 WHEREAS, the City of Grand Island invited sealed bids for three (3) multi- directional folding vee plows for the Solid Waste and Streets Divisions of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on September 25, 2012 bids were received, opened and reviewed; and WHEREAS, Murphy Tractor & Equipment of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $66,421.00; and WHEREAS, the bid from Murphy Tractor & Equipment is considered fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Murphy Tractor & Equipment of Grand Island, Nebraska in the amount of $66,421.00 for three (3) multi-directional folding vee plows is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 206 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G19 #2012-294 - Approving Bid Award for One (1) 81,000 Pound Landfill Compactor for the Solid Waste Division of the Public Works Department Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 207 / 323 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:October 9, 2012 Subject:Approving Bid Award for One (1) 81,000 Pound Landfill Compactor for the Solid Waste Division of the Public Works Department Item #’s:G-19 Presenter(s):Terry Brown, P.E., Interim Public Works Director Background On September 8, 2012 the Solid Waste Division of the Public Works Department advertised for bids for one (1) 81,000 pound landfill compactor. Discussion Two (2) bids were received and opened on September 25, 2012. The Solid Waste Division of the Public Works Department and the Purchasing Division of the City Attorney's Office have reviewed the bids that were received. The compactor bid by NMC of Doniphan, NE meets all of the specifications and based on an anticiapted 4-year ownership, is the machine with the lowest net cost of ownership. A summary of the bids is shown below. Bidder Base Price Trade-In Price Repurchase Price Net Cost of Ownership Al-Jon Manufacturing LLC of Ottumwa, IA $720,762.00 N/A 4 Years/9250 hours = $159,200.00 $561,562.00 NMC of Doniphan, NE $724,833.00 N/A 4 Years/9250 hours = $256,000.00 $468,833.00 Funds were budgeted for Fiscal Year 2013 and are available in Account No. 50530043- 85615. Grand Island Council Session - 10/9/2012 Page 208 / 323 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 purchase of the Landfill Compactor from NMC of Doniphan, NE. Sample Motion Move to approve the purchase of the Lanfill Compactor from NMC of Doniphan, NE. Grand Island Council Session - 10/9/2012 Page 209 / 323 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 25, 2012 at 2:15 p.m. FOR:(1) 81,000 Pound Landfill Compactor DEPARTMENT:Public Works ESTIMATE:$790,000.00 FUND/ACCOUNT:50530043-85615 PUBLICATION DATE:September 8, 2012 NO. POTENTIAL BIDDERS:3 SUMMARY Bidder:Aljon Mfg.NMC, Inc. Ottumwa, IA Doniphan, NE Bid Security:Lexon Insurance Co.Travelers Casualty & Surety Co. Exceptions:None None Bid Price:$720,762.00 724,833.00 Trade-In:$119,600.00 No Bid Repurchasing Agreement: 1 year/2250 hrs.:$288,600.00 $351,400.00 2 years/4500 hrs.:$248,800.00 $316,250.00 3 years/6750 hrs.:$208,950.00 $384,500.00 4 years/9250 hrs.:$159,200.00 $256,000.00 Delivery Date:60 120 Days December 15, 2012 cc:Terry Brown, Interim Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Jeff Wattier, Solid Waste Supt. Mary Lou Brown, City Administrator P1590 Grand Island Council Session - 10/9/2012 Page 210 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-294 WHEREAS, the City of Grand Island invited sealed bids for one (1) 81,000 Pound Landfill Compactor for the Solid Waste Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on September 25, 2012 bids were received, opened and reviewed; and WHEREAS, NMC of Doniphan, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $724,833.00; and WHEREAS, the bid from NMC is considered fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of NMC of Doniphan, Nebraska in the amount of $724,833.00 for one (1) 81,000 Pound Landfill Compactor is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 211 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G20 #2012-295 - Approving Bid Award for One (1) Snow Blower, Front-End Loader Mounted for the Streets Division of the Public Works Department Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 212 / 323 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:October 9, 2012 Subject:Approving Bid Award for One (1) Snow Blower, Front- End Loader Mounted for the Streets Division of the Public Works Department Item #’s:G-20 Presenter(s):Terry Brown, P.E., Interim Public Works Director Background On September 18, 2012 the Streets Division of the Public Works Department advertised for bids for one (1) snow blower, front-end loader mounted. Discussion Three (3) capital lease purchase bids were received and opened on September 26, 2012. The Streets Division of Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. The bid by Nebraska Environmental Products of Lincoln, Ne meets all of the specifications. A summary of the bids is shown below. Company Name Nebraska Environmental Products Rose Equipment Mid-Iowa Solid Waste Equipment Base Price $97,543.00 $112,300.00 $145,710.59 Trade-In Value $8,000.00 $17,000.00 $10,250.00 Amount to be Financed $89,543.00 $95,300.00 $135,460.59 Fixed Annual Interest Rate 2.80%3.49%3.11% Annual Payment Amount $15,972.77 $17,878.91 $24,365.00 Payment Period Annual Annual Annual Grand Island Council Session - 10/9/2012 Page 213 / 323 Number of Terms 6 6 6 Total Purchase Price at End of Lease $95,836.62 $107,273.46 $146,191.00 Funds were budgeted for Fiscal Year 2013 and are available in Account No. 10033501- 85615. 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 capital lease purchase of One (1) Snow Blower, Front-End Loader Mounted from Nebraska Environmental Products of Lincoln, NE. Sample Motion Move to approve the capital lease purchase of One (1) Snow Blower, Front-End Loader Mounted from Nebraska Environmental Products of Lincoln, NE. Grand Island Council Session - 10/9/2012 Page 214 / 323 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 26, 2012 at 2:00 p.m. FOR:(1) Snow Blower, Front-End Loader Mounted DEPARTMENT:Public Works ESTIMATE:$100,000.00 FUND/ACCOUNT:10033501-85615 PUBLICATION DATE:September 18, 2012 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:Nebraska Environmental Products Mid-Iowa Companies Lincoln, NE Johnston, IA Bid Security:Washington International Ins. Co.Cashier’s Check Exceptions:Noted Noted Make:Snogo Larue Bid Price:$97,543.00 $145,710.59 Trade-In:$ 8,000.00 $ 10,250.00 Delivery Date:Before 11/20/12 11/20/12 Bidder:Rose Equipment, Inc. Lincoln, NE Bid Security:Granite Re, Inc. Exceptions:Noted Make:Tenco Bid Price:$112,300.00 Trade-In:$ 17,000.00 Delivery Date:4 – 6 weeks Grand Island Council Session - 10/9/2012 Page 215 / 323 cc:Terry Brown, Interim Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Shannon Callahan, Streets Supt. Mary Lou Brown, City Administrator P1594 Grand Island Council Session - 10/9/2012 Page 216 / 323 Grand Island Council Session - 10/9/2012 Page 217 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-295 WHEREAS, the City of Grand Island invited sealed bids for one (1) Snow Blower, Front-End Loader Mounted for the Streets Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on September 26, 2012 bids were received, opened and reviewed; and WHEREAS, Nebraska Environmental Products of Lincoln, Nebraska submitted a capital lease purchase bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the total amount of $95,836.62; and WHEREAS, annual payments of $15,972.22 will be made for a period of six (6) years. WHEREAS, the capital lease purchase bid from Nebraska Environmental Products of Lincoln, NE is considered fair and reasonable for such item. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the capital lease purchase bid of Nebraska Environmental Products of Lincoln, Nebraska in the total amount of $95,836.62 for one (1) Snow Blower, Front-End Loader Mounted is hereby approved as the lowest responsive and responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 218 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G21 #2012-296 - Approving Supplemental No. 1 for Engineering Consulting Services Related to State Street and Capital Avenue Connector Trail Project Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 219 / 323 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:October 9, 2012 Subject:Approving Supplemental No. 1 for Engineering Consulting Services Related to the State Street and Capital Avenue Connector Trail Item #’s:G-21 Presenter(s):Terry Brown, Interim Public Works Director Background Any amendments to an agreement must be approved by the City Council. On August 9, 2011 the City Council approved a resolution to enter into an agreement with The Schemmer Associates, Inc. for engineering consulting services related to the State Street and Capital Avenue Connector Trail. The agreement provided for work to be completed at actual costs with a maximum amount of $87,043.56. Discussion The Supplemental No. 1 for the above referenced agreement provides for an extension to the completion deadline for this project. The Consultant shall complete all work required under the Original Agreement in a satisfactory manner by August 31, 2013. Any costs incurred by Consultant after the completion deadline is not eligible for federal funding reimbursement unless the Consultant has received an extension of time in writing from the Local Public Agency (LPA). 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 - 10/9/2012 Page 220 / 323 Recommendation City Administration recommends that the Council approve Supplemental No. to the agreement with The Schemmer Associates, Inc. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/9/2012 Page 221 / 323 Grand Island Council Session - 10/9/2012 Page 222 / 323 Grand Island Council Session - 10/9/2012 Page 223 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2011-296 WHEREAS, on August 9, 2011 the City Council of the City of Grand Island approved entering into an agreement with The Schemmer Associates, Inc. for engineering consulting services related to the State Street and Capital Avenue Connector Trail; and WHEREAS, the original agreement is being supplemented to allow for an extension to the completion deadline for this project; and WHEREAS, the Consultant shall complete all work required under the Original Agreement in a satisfactory manner by August 31, 2013; and WHEREAS, any costs incurred by Consultant after the completion deadline are not eligible for federal funding reimbursement unless the Consultant has received an extension of time in writing from the Local Public Agency (LPA). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Supplemental Agreement No. 1 with The Schemmer Associates, Inc. for engineering consulting services related to the State Street and Capital Avenue Connector Trail 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, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 224 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G22 #2012-297 - Approving Acquisition of Drainage Easements for the Southwest Outfall Drainage Project No. 2011-D-1 (The Diamond Engineering Co., Clark Gauthier, Carl & Lois Armstrong, and Kevin & Karen Houtwed) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 225 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-297 WHEREAS, drainage easements are required by the City of Grand Island for the Southwest Outfall Drainage Project No. 2011-D-1, to construct and maintain such project from Central Community College to the Wood River; and WHEREAS, a public hearing was held on October 9, 2012, for the purpose of discussing the proposed acquisition of the drainage easements, as follows: The Diamond Engineering Co. - a tract of land consisting of part of an unplatted tract as described in executors deed filed September 20, 1971 in Book 165, Pages 404 through 407, Hall County Register of Deeds, located in the Southeast Quarter (SE ¼) of Section 29, Township 11 North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF- WAY (R.O.W.) LINE OF HIGHWAY 34 AND THE WEST R.O.W. LINE OF GARLAND STREET; THENCE ON AN ASSUMED BEARING OF N03˚02’50”W ALONG SAID WEST R.O.W. LINE A DISTANCE OF 20.42 FEET TO THE POINT OF BEGINNING; THENCE N89˚57’04”W A DISTANCE OF 15.83 FEET; THENCE N83˚35’21”W A DISTANCE OF 243.11 FEET; THENCE N02˚04’46”W A DISTANCE OF 30.09 FEET; THENCE S83˚35’21”E A DISTANCE OF 243.71 FEET; THENCE S89˚57’04”E A DISTANCE OF 12.54 FEET TO A POINT ON SAID WEST R.O.W. LINE OF GARLAND STREET; THENCE S03˚02’50”E ALONG SAID WEST R.O.W. LINE A DISTANCE OF 30.04 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 7,727.91 SQUARE FEET OR 0.18 ACRES MORE OR LESS. The Diamond Engineering Co. - a tract of land consisting of part of an unplatted tract as described in executors deed filed September 20, 1971 in Book 165, Pages 404 through 407, Hall County Register of Deeds, located in the Southeast Quarter (SE ¼) of Section 29, Township 11 North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF- WAY (R.O.W.) LINE OF HIGHWAY 34 AND THE EAST LINE OF UNION PACIFIC RAILROAD R.O.W., SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N0102’20”W ALONG SAID EAST LINE A DISTANCE OF 350.00 FEET; THENCE N8952’07”E PARALLEL TO SAID NORTH R.O.W. LINE OF HIGHWAY 34 A DISTANCE OF 74.96 FEET; THENCE S01˚02’20”E PARALLEL TO SAID EAST LINE OF UNION PACIFIC RAILROAD R.O.W. A DISTANCE OF 100.00 FEET; THENCE S89˚52’07”W PARALLEL TO SAID NORTH R.O.W. LINE A DISTANCE OF 54.96 FEET; THENCE S01˚02’20”E PARALLEL TO SAID EAST LINE A DISTANCE OF 250.00 FEET TO A POINT ON THE NORTH R.O.W. LINE OF HIGHWAY 34; THENCE S89˚52’07”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 12,495.06 SQUARE FEET OR 0.29 ACRES MORE OR LESS. Grand Island Council Session - 10/9/2012 Page 226 / 323 - 2 - Clark Gauthier - a tract of land consisting of part of Lot Five (5) of Riverside Farm Fourth Subdivision, located in the Southeast Quarter (SE1/4) of Section Twenty-Nine (29), Township Eleven (11) North, Range Nine (9) west of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTH CORNER OF SAID LOT 5, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF HIGHWAY 34; THENCE ON AN ASSUMED BEARING OF N0309’15”W ALONG A WESTERLY LINE OF SAID LOT 5 A DISTANCE OF 23.86 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE N0309’15”W A DISTANCE OF 40.06 FEET; THENCE S8957’04”E A DISTANCE OF 89.20 FEET TO A POINT ON A EASTERLY LINE OF SAID LOT 5; THENCE S5320’59”W ALONG SAID EASTERLY LINE A DISTANCE OF 66.93 FEET; THENCE N8957’04”W A DISTANCE OF 33.29 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 2449.87 SQUARE FEET OR 0.06 ACRES MORE OR LESS. Carl & Lori Armstrong - a tract of land consisting of part of Lot One (1) of Riverside Farm Fourth Subdivision, located in the Southeast Quarter (SE1/4) of Section Twenty-Nine (29), Township Eleven (11) North, Range Nine (9) west of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF HGIHWAY 34; THENCE ON AN ASSUMED BEARING OF N0309’15”W ALONG A WESTERLY LINE OF SAID LOT 1 A DISTNACE OF 21.22 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE N0309’15”W A DISTANCE OF 40.06 FEET; THENCE S8957’04”E A DISTANCE OF 80.74 FEET TO A POINT ON A EASTERLY LINE OF SAID LOT 1; THENCE S0309’15”E ALONG SAID EASTERLY LINE A DISTANCE OF 40.06 FEET; THENCE N8957’04”W A DISTANCE OF 80.74 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 3229.59 SQUARE FEET OR 0.07 ACRES MORE OR LESS. Kevin & Karen Houtwed - a tract of land consisting of part of Lot Eight (8) of Riverside Farm Subdivision, located in the Southeast Quarter (SE1/4) of Section Twenty-Nine (29), Township Eleven (11) North, Range Nine (9) west of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF- WAY (R.O.W.) LINE OF HIGHWAY 34 AND A WESTERLY LINE OF SAID LOT 8, SAID POINT ALSO BEING THE SOUTH CORNER OF LOT 5 OF RIVERSIDE FARM SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA; THENCE ON AN ASSUMED BEARING OF N5320’59”E ALONG SAID WESTERLY LINE OF SAID LOT 8 A DISTANCE OF 39.86 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE N5320’59”E A DISTANCE OF 66.93 FEET; THENCE S8957’04”E A DISTANCE OF 331.36 FEET; THENCE S0002’56”W A DISTANCE OF 40.00 FEET; THENCE N8957’04”W A DISTANCE OF 385.02 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 14327.68 SQURE FEET OR 0.33 ACRES MORE OR LESS. Grand Island Council Session - 10/9/2012 Page 227 / 323 - 3 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such drainage easements from The Diamond Engineering Co., Clark Gauthier, Carl & Lori Armstrong, and Kevin & Karen Houtwed, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 228 / 323 Grand Island Council Session - 10/9/2012 Page 229 / 323 Grand Island Council Session - 10/9/2012 Page 230 / 323 Grand Island Council Session - 10/9/2012 Page 231 / 323 Grand Island Council Session - 10/9/2012 Page 232 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G23 #2012-298 - Approving Payment to Families and Schools Together for NE Children and Families Foundation and NE Dept of Health and Human Services Grants Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 233 / 323 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:October 9, 2013 Subject:Approving Payment to Families and Schools Together for Nebraska Children and Families Foundation and Nebraska Department of Health and Human Services Grants Item #’s:G-23 Presenter(s):Jaye Monter, Finance Director Background In 2010 and 2011, the City of Grand Island was awarded a total of $80,000 in grants from the Nebraska Children and Families Foundation (NCFF) and the Nebraska Department of Health and Human Services. The grant funds were awarded to the City to work with the Coalition for Children now called the Child Well Being Collaboration to build collaboration and implement a community Strategic Plan for a Child Well-being Initiative. At the end of the first grant year, the unspent grant funds were $58,177.31. An additional $30,000 was received on August 9, 2011 from the Nebraska Department of Health and Human Services. The Child Well Being Collaborative is an inclusive group of individuals and agencies interested in improving the lives of children, youth and their families in Grand island. On January 12, 2012 the Child Well Being Collaboration met to approve the spending categories of the $58,177.31 carry over balance of grant funds and the new $30,000. Discussion The Central District Health Department is one of the agencies in the Child Well Being Collaboration. Central District Health Department (The Agency) representing the Child Well Being Collaboration has entered into a contract with Families and Schools Together Inc. to provide coordination training and evaluation services to collaborative teams that serve children and familings using the Families and Schools Together program (FAST). FAST will provide services for three kid FAST cycles at schools to be determined. City of Grand Island Procurement Code requires Council approval for payment of services not going through the bid process exceeding $7,500. The grant monies have already been received by the City of Grand Island as described above. There will be no cost to City. Grand Island Council Session - 10/9/2012 Page 234 / 323 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the payment of $18,135.00 to Families and Schools Together, Inc. 2.Disapprove or deny the contract payment. 3.Take no action on the contract payment. Recommendation City Administration recommends that the Council approve the payment from grant funds to Families and Schools Together, Inc. of $18,135.00. Sample Motion Move to approve the payment of grant funds in the amount of $18,135.00 to Families and Schools Together, Inc. Grand Island Council Session - 10/9/2012 Page 235 / 323 Grand Island Council Session - 10/9/2012 Page 236 / 323 Grand Island Council Session - 10/9/2012 Page 237 / 323 Grand Island Council Session - 10/9/2012 Page 238 / 323 Grand Island Council Session - 10/9/2012 Page 239 / 323 Grand Island Council Session - 10/9/2012 Page 240 / 323 Grand Island Council Session - 10/9/2012 Page 241 / 323 Grand Island Council Session - 10/9/2012 Page 242 / 323 Grand Island Council Session - 10/9/2012 Page 243 / 323 Grand Island Council Session - 10/9/2012 Page 244 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-298 WHEREAS, in 2010 and 2011 the Nebraska Children and Families Foundation awarded $80,000 to the City of Grand Island to work with the Coalition for Children now known as the Child Well Being Coalition to implement a community Strategic Plan for Child Well- being; and WHEREAS, at the end of the first grant year unspent grant funds were $58,177.31 and an additional $30,000 was received on August 9, 2011 from the Nebraska Department of Health and Human Services; and WHEREAS, the Central Nebraska Health Department, an agency with the Child Well Being Coalition entered into a collaborative relationship with the Families and Schools Together, Inc. to provide cordinated training and evaluation services that serve children and families using the FAST Families and Schools Together program model for $18,135.00; and WHEREAS, the grant monies have already been received by the City of Grand Island therefore there is no cost to the City; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the payment from grant funds to Families and Schools Together, Inc. is hereby approved; and the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed to execute such agreements on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 245 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item G24 #2012-299 - Approving Payment to Grand Island YMCA for NE Children and Families Foundation and NE Dept of Health and Human Services Grants Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 246 / 323 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:October 9, 2013 Subject:Approving Payment to Grand Island YMCA for Nebraska Children and Families Foundation and Nebraska Department of Health and Human Services Grants Item #’s:G-24 Presenter(s):Jaye Monter, Finance Director Background In 2010 and 2011, the City of Grand Island was awarded a total of $80,000 in grants from the Nebraska Children and Families Foundation (NCFF) and the Nebraska Department of Health and Human Services. The grant funds were awarded to the City to work with the Coalition for Children now called the Child Well Being Collaboration to build collaboration and implement a community Strategic Plan for a Child Well-being Initiative. At the end of the first grant year, the unspent grant funds were $58,177.31. An additional $30,000 was received on August 9, 2011 from the Nebraska Department of Health and Human Services. The Child Well Being Collaborative is an inclusive group of individuals and agencies interested in improving the lives of children, youth and their families in Grand island. On January 12, 2012 the Child Well Being Collaboration met to approve the spending categories of the $58,177.31 carry over balance of grant funds and the new $30,000. Discussion The Central District Health Department is one of the agencies in the Child Well Being Collaboration. Central District Health Department representing the Child Well Being Collaboration has entered into a letter of agreement with the Grand Island YMCA to provide project management services for the start-up and effective implementation of the Grand Island Families and Schools Together (FAST) collaborative project. Start up funds for the Grand Island YMCA referenced in the letter of agreement will come from the remaining balances of grant monies described above. The remaining balance to use towards this letter of agreement is $14,070.27. City of Grand Island Procurement Code requires Council approval for payment of services not going through the bid process exceeding $7,500. The grant monies have already been received by the City of Grand Island as described above. There will be no cost to City. Future payments to the Grand Island YMCA to satisfy this letter of agreement will come from new grant monies received directly to the Central District Health Department. Grand Island Council Session - 10/9/2012 Page 247 / 323 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the payment of $14,070.27 to the Grand Island YMCA. 2.Disapprove or deny the contract payment. 3.Take no action on the contract payment. Recommendation City Administration recommends that the Council approve the payment from grant funds to the Grand Island YMCA of $14,070.27. Sample Motion Move to approve the payment of grant funds to the Grand Island YMCA of $14,070.27. Grand Island Council Session - 10/9/2012 Page 248 / 323 Grand IslandCouncil Session - 10/9/2012Page 249 / 323 Grand IslandCouncil Session - 10/9/2012Page 250 / 323 Grand IslandCouncil Session - 10/9/2012Page 251 / 323 Grand IslandCouncil Session - 10/9/2012Page 252 / 323 Grand IslandCouncil Session - 10/9/2012Page 253 / 323 Grand IslandCouncil Session - 10/9/2012Page 254 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-299 WHEREAS, in 2010 and 2011 the Nebraska Children and Families Foundation awarded $80,000 to the City of Grand Island to work with the Coalition for Children now known as the Child Well Being Coalition to implement a community Strategic Plan for Child Well- being; and WHEREAS, at the end of the first grant year unspent grant funds were $58,177.31 and an additional $30,000 was received on August 9, 2011 from the Nebraska Department of Health and Human Services; and WHEREAS, the Central Nebraska Health Department, an agency of the Child Well Being Coalition entered into a letter of agreement with the Grand Island YMCA to provide project management services for the start-up and effective implementation of the Grand Island Families and Schools Together (FAST) collaborative project; and WHEREAS, the grant monies have already been received by the City of Grand Island therefore there is no cost to the City; and WHEREAS, the payment of $14,070.27 to the Grand Island YMCA represents the remaining balance of grant funds received in 2010 and 2011 and additional payments referenced in the letter of agreement will come from future grant funds received by the Central Nebraska Health Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that payment to the Grand Island YMCA from grand funds is hereby approved; and the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed to execute such agreements on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 255 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item I1 #2012-300 - Approval of Revised MOU with UPRR Regarding a Fence along Railroad Right of Way Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 10/9/2012 Page 256 / 323 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:October 9, 2012 Subject:Approval of Revised MOU with UPRR Regarding a Fence along Railroad Right of Way Item #’s:I-1 Presenter(s): Robert J. Sivick, City Attorney Background Trespassing on the Union Pacific Railroad (UPRR) right of way running along its tracks in downtown Grand Island has been an ongoing problem. This trespassing results in potential and actual damage to property, injuries to persons, and sadly fatalities on occasion. The Grand Island Police Department (GIPD) has worked closely with UPRR officials to reduce the frequency of trespassing on UPRR property. In recognition of its efforts the UPRR recently presented the GIPD with its Safety Spike Award. Despite the efforts of UPRR and City of Grand Island (City) officials, additional measures to reduce trespassing are needed. On July 30, 2012 UPRR officials met with the Mayor, Administrator, and representatives from the City Public Works, Police, and Legal Departments to discuss this issue. The agreements reached during that meeting were memorialized in a Memorandum of Understanding (MOU) presented to the Grand Island City Council at its August 28, 2012 meeting. Since that time, City staff has maintained communications with UPRR officials and a new MOU has been drafted with terms more favorable to the City. Discussion Essentially UPRR has agreed to erect a fence constructed of aesthetically pleasing ornamental black steel along its tracks in downtown Grand Island similar to what exists along the UPRR tracks in Kearney. The installation of the fence will extend from the Burlington Northern tracks West to Broadwell Avenue and installation will begin later this year. The main change in the previous MOU is fencing along the entire length of the project will be ornamental black steel and no portion will be chain link. As stated in the previous MOU, the City will agree to maintain the fence. Grand Island Council Session - 10/9/2012 Page 257 / 323 Resolution 2012-300 authorizes the Mayor to sign the MOU on behalf of the City so construction of the fence may begin. 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 recommends the Council approve Resolution 2012-300 authorizing the Mayor to sign the MOU with UPRR on behalf of the City. Sample Motion Move to approve Resolution 2012-300 to authorize the Mayor to sign the Memorandum of Understanding with the Union Pacific Railroad for the construction of a fence along the railroad’s right of way from the Burlington Northern tracks West to Broadwell Avenue. Grand Island Council Session - 10/9/2012 Page 258 / 323 1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into on ________________________, 2012, between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("UPRR") and the CITY OF GRAND ISLAND, Hall County, Nebraska, a political subdivision duly organized and existing under the Constitution and Laws of the State of Nebraska (the "City"). WHEREAS, the City and UPRR desire to provide for the installation and maintenance of a fence on portions of the UPRR right of way generally from the BNSF overhead (where it passes over the UPRR tracks) to Eddy Street, Eddy Street to Lincoln Avenue and Lincoln Avenue to Broadwell Avenue, which locations are depicted on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the City and UPRR desire to establish between them their respective rights and obligations with respect to installation and maintenance of the fence. In consideration of the mutual promises and covenants set forth in this MOU and for other good valuable consideration, the parties hereby agree as follows: Section 1. UPRR Responsibilities. Within __________ (___) days after execution of this MOU, UPRR, at UPRR's sole cost and expense, shall install the fence. UPRR shall select the final location for the fence on the UPRR right of way, provided the fence shall be at least thirty (30) feet from the centerline of UPRR's nearest railroad tracks. The design of the fence shall be as follows: (a)on portions of the right of way from the BNSF overhead to Pine Street -- Ameristar ornamental black steel fencing (approximately 1,400 feet); (b)on portions of the right of way from Pine Street to Eddy Street – Ameristar ornamental black steel fencing (approximately 500 feet); (c)on portions of the right of way from Eddy Street to Lincoln Avenue -- Ameristar ornamental black steel fencing (approximately 1,928 feet); and (d)on portions of the right of way from Lincoln Avenue to Broadwell Avenue -- Ameristar ornamental black steel fencing (approximately 1,872 feet). Notwithstanding any other provision in this MOU to the contrary, however, in the event that UPRR determines it needs to install a gate in the fence, relocate the fence, or otherwise remove the fence completely for UPRR's operating or other purposes, then UPRR may do so upon thirty (30) days written notice to the City. Grand Island Council Session - 10/9/2012 Page 259 / 323 2 Section 2. City Responsibilities. After UPRR's completion of the fence, the City, at its sole cost and expense, shall periodically inspect the fence and when necessary shall repair the fence to keep the fence in good and safe condition. Any repairs and maintenance on the fence and any labor performed or materials furnished in connection therewith shall be performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted municipal authorities or other governmental bodies having jurisdiction over the fencing. The City shall not modify the design of the fence without the consent of UPRR. Prior to any entry by the City or any employees, contractors or agents of the City onto UPRR's right of way for any purpose, the City and any of its contractors and agents shall each enter into UPRR's then-current form of Right of Entry Agreement. Section 3. Term. The term of this MOU shall commence as of the date first above written and shall continue in effect as long as the fence remains on the UPRR right of way. Section 4. Entire Memorandum of Understanding. This MOU and all exhibits attached hereto constitute the entire MOU between the parties, superseding any other written and oral MOUs between the parties. If any section of this MOU is held to be invalid by a court of competent jurisdiction, such section shall be reformed to the extent necessary to be held valid, and the parties agree that the remainder of this MOU shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have executed this MOU the day and year first above written. UNION PACIFIC RAILROAD COMPANY By: ___________________________________ Title: _________________________________ Printed Name: __________________________ CITY OF GRAND ISLAND, NEBRASKA By: ___________________________________ Title: _________________________________ Printed Name: __________________________ Grand Island Council Session - 10/9/2012 Page 260 / 323 Grand Island Council Session - 10/9/2012 Page 261 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-300 WHEREAS, trespassing on the Union Pacific Railroad (UPRR) right of way is a problem that endangers life and property; and WHEREAS, City of Grand Island (City) officials, particularly members of the Grand Island Police Department, have worked closely with UPRR officials to reduce trespassing along the railroad right of way; and WHEREAS, both City and UPRR officials agree a fence is needed along the railroad right of way in downtown Grand Island to further reduce incidents of trespassing; and WHEREAS, a Memorandum of Understanding has been drafted memorializing the agreement between the City and UPRR; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Memorandum of Understanding between the City of Grand Island and the Union Pacific Railroad is hereby approved and the Mayor is authorized to execute said Memorandum on behalf of the City. Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 262 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item I2 #2012-301 - Approving Amending Resolution No. 2012-225 - Project Management Fees Only for the State Street and Capital Avenue Connector Trail Project with Midwest Right of Way Services Staff Contact: Terry Brown, Interim Public Works Director Grand Island Council Session - 10/9/2012 Page 263 / 323 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:October 9, 2012 Subject:Approving Amending Resolution No. 2012-225 - Agreement with Midwest Right of Way Services for the State Street and Capital Avenue Connector Trail Project Item #’s:I-2 Presenter(s):Terry Brown, P.E., Interim Public Works Director Background On August 28, 2012 the Grand Island City Council approved Resolution No. 2012-225 to provide for appraisal and project management services from Midwest Right of Way Services for the State Street and Capital Avenue Connector Trail Project. Such services included Compensation Estimates of $2,700.00 and Project Management Fees of $680.00, for a total agreement of $3,380.00. Discussion At this time it is appropriate to amend the original agreement with Midwest Right of Way Services, as the appraisal services are being handled by a separate firm (Capital Appraisal Services, through approved Resolution No. 2012-250). Midwest Right of Way Services will only be responsible for the Project Management of the State Street and Capital Avenue Connector Trail Project, for an amended cost of $1,020.00. 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 - 10/9/2012 Page 264 / 323 Recommendation City Administration recommends that the Council approve the amendment to Resolution No. 2012-225 to allow for Midwest Right of Way Services to provide Project Management services only, in the amount of $1,020.00 for the State Street and Capital Avenue Connector Trail Project. Sample Motion Move to approve the amendment to Resolution No. 2012-225. Grand Island Council Session - 10/9/2012 Page 265 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-301 WHEREAS, the City of Grand Island City Council approved Resolution No. 2012-225 to provide for appraisal and project management services from Midwest Right of Way Services for the State Street and Capital Avenue Connector Trail Project; and WHEREAS, such services included Compensation Estimates of $2,700.00 and Project Management Fees of $680.00, for a total agreement of $3,380.00; and WHEREAS, at this time it is appropriate to amend the original agreement with Midwest Right of Way Services, as the appraisal services are being handled by a separate firm (Capital Appraisal Services, through approved Resolution No. 2012-250); and WHEREAS, Midwest Right of Way Services will only be responsible for the Project Management of the State Street and Capital Avenue Connector Trail Project, for an amended cost of $1,020.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment of Resolution No. 2012-225 is hereby amended that Midwest Right of Way Services will only be responsible for the Project Management of the State Street and Capital Avenue Connector Trail Project, for an amended cost of $1,120.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign such updated agreement with Midwest Right of Services for such Project Management services. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 266 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item I3 #2012-302 - Approving Relocation of Memorial Marker and Flagpole to Hall County Veteran's Park Staff Contact: Todd McCoy, Interim Parks & Recreation Director Grand Island Council Session - 10/9/2012 Page 267 / 323 Council Agenda Memo From:Todd McCoy, Interim Parks and Recreation Director Meeting:October 9, 2012 Subject:Consider Request to Move a World War I Memorial Marker and Flagpole from Memorial Park to Hall County Veterans Memorial Park Item #’s:I-3 Presenter(s):Todd McCoy, Interim Parks and Recreation Director Background In the early 1930’s the American Legion Post #53 donated a World War I memorial marker and flagpole to the City of Grand Island. The memorial marker and flagpole is currently located at Memorial Park just west of Ace Hardware. Discussion A veteran’s citizen group and the American Legion Post #53 have made a request to the City to remove the memorial marker and flagpole from Memorial Park. They would like to refurbish and relocate the memorial marker to the Hall County Veterans Memorial Park next to the VFW at no cost to the City. The group’s goal is to locate memorials from each war to the Hall County Veterans Memorial Park so that all veterans can be honored in one convenient place. On September 25 the group received permission from the Hall County Board to relocate the Korean War Memorial currently located at the Hall County Administration Building. 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 - 10/9/2012 Page 268 / 323 Recommendation City Administration recommends that the City Council approve the relocation of the World War I Memorial Marker and Flagpole from Memorial Park to the Hall County Veterans Memorial Park. Sample Motion Move to approve the relocation of the World War I Memorial Marker and Flagpole from Memorial Park to the Hall County Veterans Memorial Park. Grand Island Council Session - 10/9/2012 Page 269 / 323 Grand Island Council Session - 10/9/2012 Page 270 / 323 Grand Island Council Session - 10/9/2012 Page 271 / 323 Grand Island Council Session - 10/9/2012 Page 272 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-302 WHEREAS, in the early 1930’s the American Legion Post #53 donated a World War I memorial marker and flagpole to the City of Grand Island; and WHEREAS, a veteran’s citizen group and American Legion Post #53 have made a request to relocate the memorial marker and flagpole to the Hall County Veterans Memorial Park. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to approve the relocation of the World War I memorial marker and flagpole to the Hall County Veterans Memorial Park. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 273 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item I4 #2012-303 – Consideration of Approving Cable Franchise Agreement with Charter Communications Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 10/9/2012 Page 274 / 323 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:October 9, 2012 Subject:Consideration of the Renewal of the City’s Cable Franchise Agreement with Charter Cable Item #’s:I-4 Presenter(s): Robert J. Sivick, City Attorney Background On March 7, 1966 the Grand Island City Council (Council) approved Ordinance 4238 which set forth the City of Grand Island’s (City) laws and procedures for awarding cable television franchise agreements. On April 11, 1966 a twenty-five year franchise was awarded to TCI Cablevision of Nebraska, Inc. (TCI). This franchise agreement was renewed on February 10, 1992 for a fifteen year period. TCI’s cable television assets were later acquired by CCVI Operating, LLC d/b/a Charter Communications (Charter). March 7, 2006 the Council approved Resolution 2006-78 which approved a contract with the law firm of Moss & Barnett of Minneapolis for legal and consulting service related to negotiations with Charter for the renewal of its cable franchise agreement with the City. In August, 2011, at the request of the Administration, the City Attorney began reviewing the status of negotiations between the City and Charter. Progress had been slow due in part to Charter’s Chapter 11 bankruptcy filing in 2009. The City Attorney made contact with representatives of Moss & Barnett and Charter to express the City’s disappointment in the slow progress of negotiations and its desire for completion. The City Attorney also began personally participating in negotiations on behalf of the City. An agreement between the City and Charter has been reached and is presented to the Council for its review. The Administration plans to bring the cable franchise agreement before the Council at its meeting on October 9, 2012 for consideration and possible approval. Grand Island Council Session - 10/9/2012 Page 275 / 323 Discussion Representatives of the City and Charter negotiated vigorously but professionally on behalf of their respective clients. The City sought to improve its position under the terms of the agreement. Charter sought to maintain control over its operations and costs as a result of the increased competition faced by the cable television industry from satellite and internet content providers. In broad terms, the proposed agreement to be reviewed by the Council is for a period of fifteen years. It will increase the number of Public, Educational, and Government (PEG) channels from two to three. It sets the PEG fee at forty cents per subscriber, per month. It increases the number of governmental facilities and schools receiving free cable television service. It sets the franchise fee for the City at 5%. Finally, it addresses and strengthens customer service standards for Grand Island citizen subscribers. 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 recommends the Council approve Resolution 2012-303 which authorizes the Mayor to sign on behalf of the City the fifteen year cable franchise agreement with Charter Communications. Sample Motion Move to approve Resolution 2012-303 which authorizes the Mayor to sign on behalf of the City the fifteen year cable franchise agreement with Charter Communications. Grand Island Council Session - 10/9/2012 Page 276 / 323 2010093v3 CABLE TELEVISION FRANCHISE AGREEMENT FOR THE CITY OF GRAND ISLAND, NEBRASKA AND CCVI OPERATING LLC, D/B/A CHARTER COMMUNICATIONS August 8, 2012 Grand Island Council Session - 10/9/2012 Page 277 / 323 i 2010093v3 TABLE OF CONTENTS I.DEFINITIONS ........................................................................................................2 II.GRANT OF AGREEMENT....................................................................................2 III.RIGHT OF CITY TO ISSUE AGREEMENT ........................................................2 IV.EFFECTIVE DATE OF AGREEMENT.................................................................2 V.TERM ......................................................................................................................2 VI.AGREEMENT NONEXCLUSIVE.........................................................................2 VII.SERVICE AREA AND LINE EXTENSIONS .......................................................2 VIII.SYSTEM .................................................................................................................2 IX.TECHNICAL STANDARDS .................................................................................2 X.SYSTEM DESIGN AND CAPACITY ...................................................................2 XI.GENERAL PROVISIONS ......................................................................................2 XII.SUBSCRIBER RIGHTS AND COMPLAINTS.....................................................2 XIII.EQUAL OPPORTUNITY.......................................................................................2 XIV.AGREEMENT RENEWAL ....................................................................................2 XV.FRANCHISE FEE...................................................................................................2 XVI.REGULATION, RATES, AND CHARGES ..........................................................2 XVII.CONSTRUCTION PROVISIONS..........................................................................2 XVIII.INSURANCE AND BONDS OR OTHER SURETY PROVISIONS....................2 XIX.PERFORMANCE GUARANTEE ESCROW; AND LIQUIDATED DAMAGES 2 XX.TERMINATION .....................................................................................................2 XXI.REMOVAL OF CABLE SYSTEM ........................................................................2 XXII.TRANSFER OF OWNERSHIP OR CONTROL....................................................2 XXIII.PERIODIC REEVALUATION AND RENEGOTIATIONS .................................2 XXIV.RIGHTS OF INDIVIDUALS..................................................................................2 XXV.COOPERATION.....................................................................................................2 XXVI.WAIVER .................................................................................................................2 XXVII.BOOKS AND RECORDS ......................................................................................2 XXVIII.CUMULATIVE RIGHTS .......................................................................................2 XXIX.COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS .....................2 XXX.NOTICES ................................................................................................................2 Grand Island Council Session - 10/9/2012 Page 278 / 323 ii 2010093v3 XXXI.CAPTIONS..............................................................................................................2 XXXII.INDEMNIFICATION .............................................................................................2 XXXIII.GOVERNMENTAL IMMUNITY ..........................................................................2 XXXIV.FORCE MAJEURE.................................................................................................2 XXXV.TIME IS OF THE ESSENCE..................................................................................2 XXXVI.CONSTRUCTION OF AGREEMENT ..................................................................2 XXXVII.NO JOINT VENTURE .........................................................................................2 XXXVIII.ENTIRE AGREEMENT......................................................................................2 XXXIX.ACTIONS OF THE CABLE OPERATOR.............................................................2 XL.SEVERABILITY ....................................................................................................2 ATTACHMENT A - CUSTOMER SERVICE STANDARDS ............................................A-2 ATTACHMENT B - FRANCHISE FEE PAYMENT WORKSHEET.................................B-2 ATTACHMENT C - FREE SERVICE TO PUBLIC BUILDINGS .....................................C-2 ATTACHMENT D - NON-DISCLOSUREAGREEMENT .................................................D-2 Grand Island Council Session - 10/9/2012 Page 279 / 323 1 2010093v3 AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into as of this day of , 2012, by and between the City of Grand Island, Nebraska, (hereinafter referred to as the “City”) and CCVI Operating LLC, d/b/a Charter Communications (hereinafter referred to as the “Cable Operator”). WHEREAS, the City, pursuant to Chapter 9 of the Grand Island City Code, is authorized to grant one (1) or more nonexclusive, revocable, agreements to construct, reconstruct, operate, and maintain a cable communication system within the City; and WHEREAS, pursuant to Chapter 9 of the Grand Island City Code and in accordance with Section 626 of the Cable Communications Policy Act of 1984, the Cable Operator is agreeable to providing such services to the City and has made application to the City for renewal of its existing agreement; and WHEREAS, the City finds that the Cable Operator has substantially complied with the material terms of the existing agreement under applicable laws, and that the financial, legal and technical ability of the Cable Operator is sufficient to provide services, facilities and equipment necessary to meet the future cable-related needs of the community, and WHEREAS, the City Council wishes to grant to the Cable Operator and the Cable Operator wishes to accept the terms and conditions herein set forth for the use of City owned rights-of-way, of City owned easements, and of rights-of-way and access easements dedicated and accepted for public use by the City in installing and operating a Cable System in the City. WHEREAS, the City, after public proceedings and due evaluation, has determined that it is in the best interest of the City and its residents to grant a new franchise agreement to the Cable Operator for the term herein provided. WHEREAS, the City and Cable Operator have complied with all federal and State- mandated procedural and substantive requirements pertinent to this franchise renewal; NOW, THEREFORE, IN CONSIDERATION of the renewal of the franchise pursuant to this Agreement, the Cable Operator hereby agrees to comply with the provisions of this Agreement and Chapter 9 of the Grand Island City Code. The City hereby grants a franchise as hereinafter set forth: I.DEFINITIONS The following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number: A.“Agreement” shall mean the initial authorization or renewal thereof, issued by the Grand Island Council Session - 10/9/2012 Page 280 / 323 2 2010093v3 City, whether such authorization is designated as an agreement, permit, license, resolution, contract, certificate, or otherwise, which authorizes the construction or operation of the Cable System. B.“Applicable Law” means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority. C.“Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the Agreement to be carried on the basic tier in analog and/or digital format. Basic Cable Service as defined herein shall be consistent with 47 U.S.C. § 543(b)(7). D.“Cable Act” mean the Cable Communications Policy Act of 1984, as amended, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996 and any amendments thereto and any future cable television legislation. E.“Cable Service” or “Service” means (A) the one-way transmission to Subscribers of (i) Video Programming or (ii) Other Programming Service, and (B) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. Cable Service as defined herein shall be consistent with the definition set forth in 47 U.S.C. § 522(6). F.“Cable System” or “System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, but such term does not include: (1)a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2)a facility that serves Subscribers without using any public Right-of-Way; (3)a facility of common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4)an open video system that complies with 47 U.S.C. § 573; or (5)any facilities of any electric utility used solely for operating its electric utility systems. Grand Island Council Session - 10/9/2012 Page 281 / 323 3 2010093v3 Cable System as defined herein shall be consistent with the definition set forth in 47 U.S.C. § 522(7). G.“Channel” or “Cable Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television Channel as defined by the FCC. Cable Channel as defined herein shall be consistent with the definition set forth in 47 U.S.C. § 522(4). H.“City” means the City of Grand Island, Nebraska or the lawful successor, transferee, or assignee thereof. I.“Converter” means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber. J.“Downstream” shall mean signals originating at the Headend or hubs and transmitted to Subscribers. K.“Drop” means the cable that connects the ground block on the Subscriber’s residence to the nearest feeder cable of the System. L.“FCC” shall mean the Federal Communications Commission or successor governmental entity thereto. M.“Franchise Fee” includes any tax, fee, or assessment of any kind imposed by the City or other governmental entity on Cable Operator or Subscriber, or both, solely because of their status as such. It does not include any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable Subscribers); capital costs which are required by the Agreement to be incurred by Cable Operator for public, educational, or governmental access facilities; requirements or charges incidental to the awarding or enforcing of the Agreement, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or any fee imposed under Title 17 of the United States Code. Franchise Fee defined herein shall be consistent with the definition set forth in 47 U.S.C. § 542(g). N.“Gross Revenues” means any and all revenue derived by Cable Operator from the operation of its Cable System to provide Cable Service within the City including, but not limited to, 1) all Cable Service fees, 2) Franchise Fees, 3) late fees and returned check fees, 4) Installation and reconnection fees, 5) upgrade and downgrade fees, 6) local, state and national advertising revenue, 7) home shopping commissions, 8) equipment rental fees, and 9) guide revenue. The term “Gross Revenue” shall not include bad debts or any taxes or fees on Services furnished by Cable Operator imposed upon Subscribers by any municipality, state or other governmental unit, including the FCC regulatory fee, credits, refunds and any amounts collected from Subscribers for deposits, PEG fees or PEG support consistent with Applicable Law. City and Cable Operator acknowledge and agree that Cable Operator will maintain its books and Grand Island Council Session - 10/9/2012 Page 282 / 323 4 2010093v3 records in accordance with generally accepted accounting principles (GAAP). O.“Headend” shall mean the facility, including antennas and associated electronics which receives, controls, and switches the electronic information transmitted over the Cable System. P.“Installation” means any connection of the System from feeder cable to the point of connection including Standard Installations and custom Installations with the Subscriber Converter or other terminal equipment. Q.“Normal Business Hours” means those hours during which most similar businesses in City are open to serve Subscribers. In all cases, “Normal Business Hours” must include some evening hours, at least one (1) night per week and/or some weekend hours. R.“Normal Operating Conditions” means those Service conditions which are within the control of Cable Operator. Those conditions which are not within the control of Cable Operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Cable Operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. Normal Operating Conditions as defined herein shall be consistent with the definition set forth in 47 C.F.R. § 76.309. S.“Other Programming Service” means information that a cable operator makes available to all Subscribers generally. Other Programming Services as defined herein shall be consistent with the definition set forth in 47 U.S.C. § 522 (14). T.“PEG” means public, educational and governmental. U.“Person” is any Person, firm, partnership, association, corporation, company, limited liability entity, excluding the City, or other legal entity. V.“Service Area” means the present boundaries of the City, and shall include any additions thereto by annexation or other legal means so that it covers both current and future areas. W.“Service Interruption” means the loss of picture or sound on one (1) or more Cable Channels. Service Interruption as defined herein shall be consistent with the definition set forth in 47 C.F.R. § 76.309. X.“Standard Installation” means any residential or commercial Installation which can be completed using a Drop of one hundred twenty-five (125) feet or less. Y.“Street” means the surface of and the space above and below any public Street, road, highway, lane, path, alley, court, sidewalk, boulevard, parkway, drive or other easement now or hereafter held by the City. No reference in this Agreement to a “Street” shall be deemed Grand Island Council Session - 10/9/2012 Page 283 / 323 5 2010093v3 to be a representation or guarantee by the City that its interests or other rights in such property are sufficient to permit its use for the installation and maintenance of a Cable System, and the Cable Operator shall be deemed to gain only those rights which the City has the undisputed right and power to give. Z.“Subscriber” means any Person who receives broadcast programming distributed by a Cable System and does not further distribute it. Subscriber as defined herein shall be consistent with the definition set forth in 47 C.F.R. § 76.5(ee). AA.“Upstream” shall mean the transmission of signals through a Cable System from Subscribers to the Headend or hubs. BB.“Video Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. II GRANT OF AGREEMENT A.The City hereby grants to the Cable Operator, subject to the terms and conditions of this Agreement, a nonexclusive agreement which authorizes the Cable Operator to construct, operate and maintain a Cable System and offer Cable Service in, along, among, upon, across, above, over, under, or in any manner connected with Streets within the Service Area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along any Street and all extensions thereof and additions thereto, such wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the Cable System. Provided, this grant does not authorize the provision of non-Cable Services without requisite City approval if an ordinance or local law permits or requires same unless City authority is pre-empted by federal or state law or regulation. In the event that at any time pre- emption of City authority ceases, or if City approval is otherwise permitted or required, then City approval will be required if local law permits or requires same. B.This Agreement is a contract negotiated in good faith by the parties and intended by both parties to govern the relationship between the parties; neither party may take any unilateral action that materially changes the explicit mutual promises and covenants contained herein. Any changes, modifications or amendments to this Agreement must be made in writing, signed by the Cable Operator and the City. To the extent consistent with the foregoing, this Agreement is subject to and the Cable Operator agrees to comply with the lawful and non- discriminatory provisions of Grand Island City Code and other ordinances, statutes and regulations now in effect or hereafter made effective. Any conflict between this Agreement and the Multi-Channel Service Providers Regulatory Ordinance codified at Chapter 9 of the City Code as may be amended, shall be resolved in favor of this Agreement. Moreover, the specific terms of this Agreement will govern the parties in all cases where parallel regulation may also exist in Chapter 9 of the City Code. Subject to the foregoing, the Cable Operator acknowledges that its rights hereunder are subject to the police powers of the City to adopt and enforce lawful and nondiscriminatory ordinances necessary to the health, safety and welfare of the public and Grand Island Council Session - 10/9/2012 Page 284 / 323 6 2010093v3 nothing in this Agreement shall be deemed to modify or reduce the City’s lawful police powers. III RIGHT OF CITY TO ISSUE AGREEMENT The Cable Operator acknowledges and accepts the legal right of the City to issue this Agreement on the date of grant thereof. The Cable Operator agrees that this Agreement was granted pursuant to processes and procedures consistent with Applicable Law. IV EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective when approved by the City Council in accordance with Applicable Law and when the Cable Operator files its written acceptance of this Agreement and agreement to be bound by the terms herein with the City Clerk. If such acceptance is not filed within sixty (60) days after adoption by the City Council, this Agreement shall be void and of no force or effect. The grant of this Agreement shall have no effect on the Cable Operator’s duty under the prior agreement or any ordinance in effect prior to the effective date of this Agreement to indemnify or insure the City against acts and omissions occurring during the period that the prior agreement was in effect subject to Applicable Law regarding statutes of limitation. V TERM The term of this Agreement shall then be for a period of fifteen (15) years from the date of acceptance by the Cable Operator unless sooner terminated as provided in this Agreement. VI AGREEMENT NONEXCLUSIVE A.This Agreement shall not be construed as any limitation upon the right of the City to grant to other Persons rights, privileges, or authorities similar to the rights, privileges, and authorities herein set forth, in the same or other Streets, alleys, or other public ways or public places. The City specifically reserves the right to grant at any time during the life of this Agreement or renewal thereof, if any, such additional agreements for a wireline provider of Cable Service or Video Programming, to the extent permissible under Applicable Law, which (i) contain substantially similar terms and conditions which do not provide more favorable terms or conditions than those required of Cable Operator herein, and (ii) the material provisions thereof shall be competitively neutral and nondiscriminatory, in accordance with Applicable Law, and shall be reasonably comparable to those contained herein, in order that one wireline operator not be granted an unfair competitive advantage over another wireline operator as determined by City. B.Notwithstanding any provision to the contrary, if another wireline operator, legally authorized by state or federal law, makes available for purchase by Subscribers or customers Cable Service or its functional equivalent (including Video Programming under 47 U.S.C. § 571(a)(3) or § 573) within the Service Area without a Franchise or other similar lawful authorization granted by the City and the City has the lawful authority to require a franchise from that wireline operator, the City shall within thirty (30) days of a written request from Cable Operator, modify this Franchise to insure that the obligations applicable to Cable Operator are no Grand Island Council Session - 10/9/2012 Page 285 / 323 7 2010093v3 more burdensome than those imposed on the new competing provider. If the City fails or refuses to make modifications consistent with this requirement, Cable Operator, upon ninety (90) days advance written notice to City, shall have the right to terminate this Franchise and secure a replacement franchise, license, consent, certificate or other authorization from any appropriate governmental entity or exercise any other rights the Cable Operator may have under state or federal law. Nothing herein shall in any way limit or reduce Cable Operator’s right to provide Cable Service in the City under Applicable Laws, nor the City’s right to regulate Cable Operator’s provision of Cable Service in the City under Applicable Laws. VII SERVICE AREA AND LINE EXTENSIONS A.Cable Operator shall construct and operate its Cable System so as to provide Service to all parts of its Service Area as provided in this Agreement and having a density equivalent of seven (7) residential units per one-quarter (1/4) cable mile of System, as measured from the nearest tap on the Cable System. B.Where the density is less than that specified above, Cable Operator shall inform Persons requesting Service of the possibility of paying for Installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. The charge for Installation or extension for each Person requesting Service shall not exceed a pro rata share of the actual cost of extending the Service. VIII SYSTEM A.Present System. Cable Operator shall operate and maintain for the term of this Agreement a System providing a minimum of 550 MHz. B.Character Generator. The Cable Operator shall donate to the City, free of charge, the existing character generator and existing modulating equipment. The character generator shall be located in such public building or other location in the City as may be designated by the City with ability to transmit signals to the Headend. The internal equipment that has previously been installed by the Cable Operator, which permits the character generator to transmit signals to the Headend, if any, shall become the property of the City. All maintenance of said internal equipment shall be the responsibility of the City. C.Public, Educational and Governmental Access. (1)At all times throughout the life of this Agreement, the Cable Operator shall provide City, at no cost to the City or users, a maximum of three (3) Channels for non-commercial PEG access unless otherwise mutually agreed upon by the parties thereto. The PEG Channels will be governed by a set of operating rules and procedures that will be established by the City with input from the Cable Operator. (2)The Cable Operator shall, at no cost to City unless otherwise specified herein, provide a return connection to facilitate the exchange of programming, including Grand Island Council Session - 10/9/2012 Page 286 / 323 8 2010093v3 live cablecasting of programming, from the following locations: 1) City Hall, 2) Grand Island Television studio, and 3) College Park (also includes Doane College and Central Community College). (3)The City shall designate three (3) PEG Channels which shall be transmitted to Subscribers on the Basic Cable Service tier. PEG Channels shall initially be carried on Channels 6 and 12 and may be carried in a digital format on the Basic Cable Service tier consistent with Section VIIII.C.6. The Cable Operator shall monitor the PEG Channels for technical quality to ensure that they meet FCC technical standards including those applicable to the carriage of PEG Channels; provided however, that the Cable Operator is not responsible for the production quality of all PEG programming productions. The City, or its designee, shall be responsible for the production and quality of all PEG programming. (4)The Cable Operator shall provide the PEG Channels as part of the Basic Cable Service. The PEG Channels will be viewable by the Subscriber without the need for additional equipment beyond that required to receive the Basic Cable Service. (5)PEG Channels shall be accessed by Subscribers through use of standard equipment required to receive Basic Cable Service. (6)If the PEG Channels are relocated from their present channel locations, they will be located reasonably close in proximity to other broadcast Channels and/or other commercial video Channels on the Basic Cable Service tier. The Cable Operator agrees that PEG Channels located immediately below Channel # 1 are not considered in reasonably close proximity. The Cable Operator agrees not to encrypt the PEG Channels any differently than other commercial Channels available on the System. (7)Within ninety (90) days of acceptance of this Agreement, the Cable Operator shall initiate a forty cents ($.40) per Subscriber, per month PEG capital fee, which shall be paid to the City quarterly in the same manner as Franchise Fees, throughout the life of this Agreement, solely to fund PEG access related capital expenditures (hereinafter “Access Fee”). Any and all payments by Cable Operator to City in support of PEG access programming shall not be deemed “Franchise Fees” within the meaning of Section 622 of the Cable Act (47 U.S.C. § 542) provided that the City utilizes the Access Fee solely for PEG access-related capital expenditures. D.Undergrounding requirements. The Cable Operator shall at all times comply with the City Code regarding undergrounding requirements; provided however, the Grantee may construct or upgrade its facilities aerially where existing utility(ies) are aerial and shall convert such facilities to underground when the existing utility(ies) are being converted on a schedule consistent with that of the other utilities. If public funds are available to any company, excluding the City or its affiliates, using such Street, easement, or right-of-way for the purpose of defraying the cost of any of the foregoing, such funds shall also be made available to the Grantee. Grand Island Council Session - 10/9/2012 Page 287 / 323 9 2010093v3 IX TECHNICAL STANDARDS A.The Cable System shall at all times operate so that, at a minimum and in accordance with Applicable Law, it complies with the technical specifications promulgated by the FCC relating to Cable Communications Systems pursuant to the FCC’s rules and regulations and found in Title 47, Section 76.01 to 76.617, (as they may be amended from time to time), which regulations are expressly incorporated herein by reference. B.Cable Operator shall perform all System tests at the intervals required by the FCC, and all other tests reasonably necessary to determine compliance with technical standards required by this Agreement. C.Written records of all System test results performed by or for Cable Operator shall be maintained, and shall be available for City inspection upon request. D.Technical Tests. The City may perform technical tests of the Cable System by qualified Persons with proper equipment during reasonable times and in a manner which does not unreasonably interfere with the Normal Operating Conditions of the Cable Operator or the Cable System in order to determine whether or not the Cable Operator is in compliance with FCC Technical Specifications. Such tests may be undertaken only after giving the Cable Operator reasonable notice thereof, and providing a representative of the Cable Operator, an opportunity to be present during such tests. In the event that such testing demonstrates that the Cable Operator has substantially failed to comply with the material provisions of the FCC Technical Specifications, the reasonable costs of such tests shall be borne by the Cable Operator. In the event that such testing demonstrates that the Cable Operator has substantially complied with such material provisions hereof, the cost of such testing shall be borne by the City. Except in emergency circumstances, the City agrees that such testing shall be undertaken no more than one (1) time per calendar year, and that the results thereof shall be made available to the Cable Operator. E.Notice of shutdown. At least twelve (12) hours before any planned shutdown, the Cable Operator shall give notice to affected Subscribers when possible, of maintenance or major equipment change-outs which require loss of Cable Service to twenty-five (25) or more customers. X SYSTEM DESIGN AND CAPACITY A.Buried Drops. A Cable Operator must bury new Drops within a reasonable time period, subject to weather conditions. In the event the ground is frozen, a Cable Operator will be permitted to delay burial until the ground is suitable for burial which in no event must be later than June 1st. B.All new Drops shall comply with the National Electrical Code and the National Electrical Safety Code, as they relate to cable television Drop installation. In addition, with respect to any existing unburied Drops currently lying on the ground, the Cable Operator shall Grand Island Council Session - 10/9/2012 Page 288 / 323 10 2010093v3 bury such Drops within a reasonable period of time, in accordance with the requirements of this paragraph, weather permitting. Prior to burying any Drop that is not located in an existing easement or public right-of-way, the Cable Operator, or its representative, shall provide notice to the occupant of the dwelling unit and shall bury such Drop at a mutually agreed upon location. C.Local Office. (1)For a minimum period of eight (8) years after the effective date of this Agreement, Cable Operator shall maintain a location in the City for receiving Subscriber inquiries, bill payments, and equipment transfers. The location must be staffed by a Person capable of receiving inquiries and bill payments and the location shall be open hours that are at the sole discretion of the Cable Operator that are economic and business logical. At such time as the Cable Operator may close the local office in the City (following completion of the first eight (8) years of this Franchise), Cable Operator shall maintain a drop box within the Service Area for receiving Subscriber payments. Subject to the foregoing, in the event another wireline multichannel video program distributor (“MVPD”) commences video service in the City and does not have a franchise or contractual obligation to maintain a local office in the City, Cable Operator may elect to close the local office or substantially reduce its functions in its sole discretion. (2)Payments at Cable Operator’s drop box location shall be deemed received on the date such payments are picked up by the Cable Operator if deposited no later than 3 PM of that day. Payments deposited later than 3 PM may be considered to be received in the following business day’s processing. D.Additional Construction Codes. (1)The Cable Operator shall at all times comply with: (a)National Electrical Safety Code (National Bureau of Standards); (b)National Electrical Code (National Bureau of Fire Underwriters); and (c)Applicable FCC or other federal, state and local regulations, including such construction, installation, and maintenance operational standards as may be adopted by the City from time to time and good and accepted industry practices as they pertain to the cable television industry. XI GENERAL PROVISIONS The following provisions shall be applicable to the Cable System throughout the life of this Agreement. A.Emergency Alert Capabilities. The Cable Operator shall continue to provide the existing Emergency Alert System (“EAS”). However, if the EAS is not tested at regular intervals by the appropriate civil defense authority, the Cable Operator shall not be liable if such Grand Island Council Session - 10/9/2012 Page 289 / 323 11 2010093v3 EAS does not perform at required levels. In the case of any emergency or disaster, the Cable Operator shall, upon request of the City, make available its facilities and personnel to the City to provide technical assistance with the operation of the EAS during the emergency or disaster period. The EAS shall comply with FCC Standards. B.Parental Control Devices. The Cable Operator shall provide Subscribers the ability to lock out such Channels as they may desire and provide equipment to lock out such Channels. C.Employee Identification. The Cable Operator shall provide a standard identification document to all employees, including employees of subcontractors, who will be in contact with the public. Such documents shall include a telephone number that can be used to verify identification. In addition, the Cable Operator shall use its best efforts to clearly identify all personnel, vehicles, and other major equipment that are operating under the authority of the Cable Operator. D.Free Service. Cable Operator shall provide free of charge throughout the term of this Agreement, Installation of one (1) Drop, one (1) cable outlet, and one (1) Converter, if necessary, and Basic Cable Service and expanded basic level of Cable Service or the future equivalent of such tiers of Service (“Free Service”), without charge to the institutions listed in Attachment C to this Agreement which currently receive Free Service, as long as the institutions remain educational institutions or are not leased or sold for private use. Existing Converters provided by Cable Operator to existing additional drops at the institutions listed in Attachment C will be provided at no charge for the term of this Agreement. In the event the City requests a Drop to another public institution or of an institution on Attachment C does not currently receive Free Service, the City shall be responsible for the costs, on a time and material basis, of extension in excess of two hundred twenty-five (225) feet. The Cable Operator shall provide Free Service to such subsequently designated institutions without charge. (1)The installation of additional Drops and/or outlets and/or Converters in any location will be provided by the Cable Operator at the rate card price then in effect for Grand Island residential Subscribers. Alternatively, said institutions may add additional outlets at their own expense, as long as such Installation meets Cable Operator’s technical standards in accordance with Section X (A) of the Agreement. The additional outlets of Cable Service shall not be used to sell Cable Service in or throughout such buildings. Outlets shall not be located in common or public areas. E.Reporting. In addition to the other reporting requirements provided herein the Cable Operator shall, upon request, submit reports to the City in a mutually agreed upon format consistent with the Cable Operator’s existing Systems, and demonstrate the Cable Operator’s compliance with the terms and provisions of this Agreement. F.Annexation by Municipality. It is understood that the annexation by the City of areas in the unincorporated part of the City and which are being served by the Cable Operator shall be governed by the provisions of this Agreement. Grand Island Council Session - 10/9/2012 Page 290 / 323 12 2010093v3 XII SUBSCRIBER RIGHTS AND COMPLAINTS A.The Cable Operator shall comply with the standards and requirements for customer service set forth in Attachment A throughout the term of this Agreement. B.Subscriber Contracts. Annually, Cable Operator shall provide the City with any standard form residential Subscriber contract utilized by Cable Operator. A list of Cable Operator’s current Subscriber rates and charges for Cable Service shall be provided to the City and shall be available for public inspection. C.Refund Policy. Cable Operator shall maintain a refund policy consistent with 47 U.S.C. §76.309(c)(3). If a Subscriber’s Cable Service is interrupted or discontinued, without cause, for twenty-four (24) or more consecutive hours, the Cable Operator shall, upon request by the Subscriber within sixty (60) days of such interruption or discontinuation, credit such Subscriber pro rata for such interruption or discontinuation. D.Late Fees. Cable Operator shall comply with all applicable state and federal laws with respect to any assessment, charge, cost, fee or sum, however characterized, that the Cable Operator imposes upon a Subscriber for late payment of a bill. E.Disputes. All Subscribers and members of the general public may direct complaints, regarding Cable Operator’s Service or performance to the chief administrative officer of the City or the chief administrative officer’s designee, which may be a board or commission of the City. F.Subject to the privacy provisions of 47 U.S.C. § 521 et seq. (1993), Cable Operator shall prepare and maintain written records of all written complaints made to them and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of Cable Operator. Upon request, Cable Operator shall provide City with a summary of such complaints. XIII EQUAL OPPORTUNITY The Cable Operator shall comply with Applicable Law regarding equal employment opportunity and the provision of Cable Service in the City. XIV AGREEMENT RENEWAL The City and the Cable Operator agree that renewal of this Agreement shall be governed by the requirements of the Cable Act, 47 U.S.C. Section 546, as may from time to time be amended. XV FRANCHISE FEE A.The Cable Operator shall pay, as a Franchise Fee, to the City five percent (5%) of the Cable Operator’s annual Gross Revenues collected during the period of its operation under Grand Island Council Session - 10/9/2012 Page 291 / 323 13 2010093v3 this Agreement in the City. Each payment shall be accompanied by a brief report, certified as true and correct by a financial representative of the Cable Operator, showing the basis for the computation in form and substance substantially the same as Attachment B attached hereto. B.The Cable Operator shall file with the City, forty-five (45) days after the last day of each quarter, a revenue statement showing the Gross Revenues received by it during the preceding quarter. The Cable Operator shall pay on a quarterly basis (by the 45th day after the end of each quarter) the Franchise Fee to the City for the preceding quarter. C.The City shall have the right to audit and copy the Cable Operator’s revenue records with respect to the Cable System within the City and all relevant records, and to recompute any amounts determined to be payable under this Agreement. If the results of the audit by the City show a discrepancy of more than five percent (5%) in the Franchise Fee that were to be paid to the City, the Cable Operator shall assume all reasonable document out-of- pocket costs of such audit, and pay same upon demand by the City, costs not to exceed Seven Thousand Five Hundred Dollars ($7,500). This cost reimbursement shall only be permitted, if applicable, two (2) times during the ten (10) year franchise term. D.In the event that any Franchise Fee payment is not received by the City on or before the applicable due date, the City shall send a written notice to Cable Operator informing the Cable Operator of the past due payment. If Cable Operator fails to remit payment within ten (10) days of receipt of said written notice from City, the Cable Operator shall remit a late payment surcharge of one percent (1.0%) per month of the total amount of the Franchise Fee payment due. The City shall not be entitled to any additional interest or liquidated damages unless the Cable Operator, thirty (30) days following receipt of the above referenced written notice from City has not remitted the applicable Franchise Fee payment and late payment surcharge to the City. Thereafter, the City shall be entitled to any and all available enforcement remedies under the Agreement and Applicable Law. In the event this Agreement is revoked or otherwise terminated prior to its expiration date, the Cable Operator shall file with the City, within ninety (90) days of the date of revocation or termination, a revenue statement showing the Gross Revenues received by it since the end of the previous year and shall make adjustments at that time for the Franchise Fee due up to the date of revocation or termination. E.No acceptance of any payment by the City shall be construed as a release, waiver or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a tax, fee or for the performance of any other obligation of the Cable Operator. F.In the event federal law is amended to allow Franchise Fees in excess of five percent (5%) of Gross Revenues, the City shall be entitled to raise said Franchise Fees payable by the Cable Operator up to the maximum allowed by federal law, subject to the Cable Operator’s prior written agreement. G.The Franchise Fees shall be in addition to any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses in general by any law of the City, the State of Nebraska, or the United States, including without limitation sales and Grand Island Council Session - 10/9/2012 Page 292 / 323 14 2010093v3 other taxes, business license fees or other payments. XVI REGULATION, RATES, AND CHARGES A.Regulatory Authority. The City may exercise, continue to exercise, assign or delegate appropriate regulatory authority under the provisions of this Agreement or Applicable Law. Regulation may be exercised through any duly designated consortium, duly established state body, or other entity created or appointed to advise or support the City or to handle its regulatory responsibilities subject to Applicable Law. B.The City and the Cable Operator acknowledge that any rates and charges relating to the provision of Cable Service and equipment under this Agreement shall be governed by Applicable Laws and the rules and regulations of the FCC (as amended). The City does not waive any right they may have under Applicable Law to regulate the rates in the future. The City and the Cable Operator, in evaluating and resolving any matters which arise concerning rates and charges, will adhere to Applicable Laws and FCC rules and regulations. XVII CONSTRUCTION PROVISIONS The Cable Operator shall at all times comply with the City Code regarding right-of-way use. XVIII INSURANCE AND BONDS OR OTHER SURETY PROVISIONS A.Insurance Requirements. (1)Cable Operator shall maintain in full force and effect, at its own cost and expenses, during the term of this Agreement, comprehensive general liability insurance in the amount of Two Million and No/100 Dollars ($2,000,000.00) combined single limit for bodily injury, death and property damage. City, and their capacity as such, City’s officers, agents and employees, shall be named as an additional insured on the policy and Cable Operator shall file a Certificate of Insurance with the City Clerk. The Grantee shall furnish the Grantor with current certificates of insurance evidencing such coverage. (2)Each policy of insurance (including the certificates of insurance evidencing such coverage) shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for non-payment of premium, or otherwise, and whether at the request of Cable Operator or for other reasons, except after thirty (30) calendar days advanced written notice from the insurer to the City Clerk, which may be provided electronically or by US mail. B.Bonds and Other Surety. At all times hereunder until the Cable Operator has liquidated all of its obligations under the Agreement to the City, the Cable Operator shall furnish a bond or other surety in the amount of Twenty-Five Thousand Dollars ($25,000), conditioned upon the faithful performance by the Cable Operator of its material obligations under this Agreement. The City may, from year to year and in its sole discretion, reduce the amount of any such bond or other surety. The bond or other surety shall insure the faithful performance by the Grand Island Council Session - 10/9/2012 Page 293 / 323 15 2010093v3 Cable Operator of all the provisions of this Agreement, and compliance with all orders, permits and directions of the City and the payment by Cable Operator of any claim, penalties, damages, liens and taxes due the City related thereto or which arise by reason of the construction, operation or maintenance of the Cable System. Any failure by Cable Operator to provide the bond or other surety as required herein shall constitute a breach of this Agreement. XIX PERFORMANCE GUARANTEE ESCROW; AND LIQUIDATED DAMAGES A.In the event that the City has reason to believe that the Cable Operator has defaulted in the performance of any material provision of this Agreement, except as excused by force majeure, the City shall notify the Cable Operator in writing, by certified mail, of the provision or provisions of which the City believes Cable Operator to be in default and the details relating thereto (“Alleged Default Notice”). B.Cable Operator shall have thirty (30) days from receipt of the notice described in paragraph (A) above to (a) respond to the City contesting the assertion of non-compliance, or (b) to cure such default or, in the event that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that they will be completed. In such case the City shall establish a reasonable deadline when such cure shall be completed having considered the reasonable input of the Cable Operator. C.In the event that Cable Operator fails to respond to the notice described in paragraph A above pursuant to the procedures set forth in paragraph B above, the City shall schedule a public meeting to investigate the default. Such public meeting shall be held at the next regularly or specially scheduled meeting of the City. The City shall notify the Cable Operator in writing via certified mail, of the time and place of such meeting at least fourteen (14) days prior to such meeting and provide the Cable Operator with an opportunity to be heard. D.Subject to the notice and cure requirements of this section, the City shall be authorized to withdraw from the bond or other surety the following penalties: (1)For failure to provide data, documents, reports or information or to participate with the City during a System review, the penalty shall be One Hundred Fifty and No/100 Dollars ($150.00) per day. (2)For failure to comply with any material provisions of this Agreement for which a penalty is not otherwise specifically provided, the penalty shall be One Hundred Fifty and No/100 Dollars ($150.00) per day. (3)For failure to test, analyze and report on the performance of the System following a request by the City, the penalty shall be One Hundred and No/100 Dollars ($100.00) per day. E.Subject to applicable federal and state law, in the event the City determines that Cable Operator is in default of any provision of the Agreement, the City may: Grand Island Council Session - 10/9/2012 Page 294 / 323 16 2010093v3 (1)Foreclose on all or any part of any security provided under this Agreement, if any, including, without limitation, any bonds or other surety; provided, however, the foreclosure shall only be in such a manner and in such amount as the City reasonably determines is necessary to remedy the default; or (2)Draw against the bond or other surety all penalties due it, as provided for under this Agreement; or (3)Commence an action at law for monetary damages or seek other equitable relief; or (4)Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages. (5)See termination in accordance with Section XXI. F.The Cable Operator shall not be relieved of any of its obligations to comply promptly with any provision of the Agreement by reason of any failure of the City to enforce prompt compliance. XX TERMINATION A.In addition to all other rights and powers retained by the City under this Agreement, the City reserves the right to terminate this Agreement, and the Cable Operator’s rights hereunder, in the event the Cable Operator shall default in the performance of any material term, covenant or agreement of this Agreement. By way of example, and not limitation, the City shall have the right to terminate this Agreement if the Cable Operator shall fail to cure any material default under this Agreement as provided in Section XX. B.Before the City may terminate this Agreement and the Cable Operator’s rights hereunder, the City shall conduct a public hearing, at which time the Cable Operator shall be given an opportunity to attend and present evidence and argument in opposition to the forfeiture or termination of this Agreement. The Cable Operator shall be provided with not less than thirty (30) days notice prior to such public hearing. C.Any such declaration of forfeiture or termination shall be subject to judicial review as provided by law. D.Nothing herein contained shall limit or restrict any legal rights that the City or the Cable Operator may have arising from a default in the performance of the terms, conditions and covenants of this Agreement by the Cable Operator. XXI REMOVAL OF CABLE SYSTEM A.In the event of termination or forfeiture of the Agreement or abandonment of the System, the City may require the Cable Operator to remove all or any portion of its System from Grand Island Council Session - 10/9/2012 Page 295 / 323 17 2010093v3 all rights-of-way and public property within the City; provided, however, that the Cable Operator will not be required to remove those portions of its System required to provide Telecommunications Services to the extent Cable Operator lawfully provides Telecommunications Services over the System. B.If the Cable Operator has failed to commence removal of its System, or such part thereof as was designated by the City, within one hundred twenty (120) days after written demand for removal is given, or if the Cable Operator has failed to complete such removal within twelve (12) months after written demand for removal is given, the City may apply funds secured by the Agreement toward removal. XXII TRANSFER OF OWNERSHIP OR CONTROL Cable Operator’s right, title or interest in this Agreement shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, such consent not to be unreasonably withheld. No such consent shall be required, however, if the sale, transfer, assignment or encumbrance is to an affiliate of Cable Operator, when said affiliate is a wholly owned subsidiary. Additionally, no such consent shall be required, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of Cable Operator in this Agreement or Cable System in order to secure indebtedness. XXIII PERIODIC REEVALUATION AND RENEGOTIATIONS A.Since the field of cable communications is rapidly evolving and many technological, regulatory, financial, marketing, legal, competitive, and other changes are likely to occur during the life of this Agreement, a degree of flexibility is needed in order to achieve and maintain a Cable System that adequately serves the public interest. To this end, and subject to Applicable Law, this Agreement may be amended by mutual written agreement of the City and Cable Operator. B.The City may evaluate the Cable Operator’s Cable Service and operations no more than once every five (5) years during the term of this Agreement. C.The City and the Cable Operator may meet at other times to discuss and negotiate changes to this Agreement which are mutually agreed upon by both parties. D.During any review and evaluation session, the Cable Operator shall cooperate with the City and shall provide such reasonable information and upon such terms and conditions as the parties shall mutually agree upon. XXIV RIGHTS OF INDIVIDUALS As previously set forth, the Cable Operator shall not deny Service, deny access nor otherwise discriminate against Subscribers, Channel users or any Person on the basis of race, creed, color, religion, national origin, sex, ancestry, age or marital status. The Cable Operator shall comply with all Applicable Laws relating to non-discrimination and privacy. Liability for Grand Island Council Session - 10/9/2012 Page 296 / 323 18 2010093v3 obscenity, defamation or invasion of privacy on any PEG Channels shall rest with the Person, group of Persons or any organization utilizing said PEG Channels, and no indemnification or liability of the Cable Operator is hereby intended or provided herein. The Cable Operator shall comply with all the privacy provisions pursuant to 47 USC §551 of the Cable Act or other Applicable Laws or regulations. XXV COOPERATION The parties recognize that it is in their mutual best interests for the Cable System to be operated as efficiently as possible. To achieve this, the parties agree to cooperate with each other in accordance with the terms and provisions of this Agreement. XXVI WAIVER The failure of the City at any time to require performance by the Cable Operator of any provision hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the waiver by the City of any breach of any provision hereof or the failure of the City to require or enforce prompt compliance be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. Nothing herein shall be deemed to waive or modify any statute of limitation or any lawful defense which is available to Cable Operator. XXVII BOOKS AND RECORDS A.Throughout the term of this Franchise, the Cable Operator agrees that the City, upon reasonable prior written notice to the Cable Operator, may review such of the Cable Operator’s books and records regarding the operation of the Cable System and the provision of Cable Service in the City which are reasonably necessary to monitor and enforce Cable Operator’s compliance with the provisions of this Agreement. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Cable Operator for a minimum period required by Applicable Laws. The Cable Operator shall not deny the City access to any of the Cable Operator's records on the basis that the Cable Operator's records are under the control of any parent corporation, affiliated entity or a third party. The Cable Operator agrees that the City may upon ten (10) days written request review and copy such of its books and records, during Normal Business Hours and on a non-disruptive basis in a location not more than twenty (20) miles from the City. The Cable Operator shall maintain sufficient books and records of customer service, customer complaints and billing and maintain other books and records in Grand Island to monitor compliance with the terms hereof. B.Confidential Information. Cable Operator may choose to provide any confidential books and records that it is obligated to make available to the City pursuant to Section XXVIII A of this Agreement, by allowing the City, or its designated representative(s), to view the books and records at a mutually agreeable location and without City obtaining its own copies of such books and records. Alternatively, confidential or proprietary information may be disclosed pursuant to a reasonable mutually agreeable non-disclosure agreement which shall substantially Grand Island Council Session - 10/9/2012 Page 297 / 323 19 2010093v3 be in the same form as attached as Attachment D, subject to modification as specifically required under Applicable Law. The intent of the parties is to work cooperatively to insure that all books and records reasonably necessary for City’s monitoring and enforcement of franchise obligations are provided to City. To the extent that Cable Operator does provide books or records directly to the City, City agrees to keep confidential any proprietary or confidential books or records to the extent permitted by Applicable Law and Attachment D. Cable Operator shall be responsible for clearly and conspicuously identifying any confidential or proprietary information so as to prevent inadvertent disclosure. XXVIII CUMULATIVE RIGHTS The rights and remedies reserved to the City and Cable Operator by this Agreement are cumulative and shall be in addition to and not in derogation of any other legal or equitable rights or remedies which the City and Cable Operator may have with respect to the subject matter of this Agreement, and a waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a future time. XXIX COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS The Cable Operator, its contractors, employees, and agents shall comply with all Applicable Laws, rules, and regulations. Except as otherwise provided for herein, the Cable Operator and the City shall be entitled to all rights and be bound by all changes in local, state, and federal law which occur subsequent to the effective date of this Agreement. In addition to the inherent powers of the City to regulate and control the Cable Operator under this Agreement, and those powers expressly reserved by the City, or agreed to and provided for herein, the right and power is hereby reserved by the City to promulgate such additional regulations as it shall find necessary in the exercise of its lawful powers, subject to Section II.B. herein. XXX NOTICES Every notice or response to be served upon the City or the Cable Operator shall be in writing, and shall be deemed to have been duly given to the required party five (5) business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid. The notices or responses to the City shall be addressed as follows: The City of Grand Island, Nebraska Attention: City Administrator’s Office 100 East First Street, Box 1968 Grand Island, NE 68802 The notices or responses to the Cable Operator shall be addressed as follows: Charter Communications Attention: Vice President of Legal Operations 12405 Powerscourt Drive Grand Island Council Session - 10/9/2012 Page 298 / 323 20 2010093v3 St. Louis, MO 63131 With a non-binding courtesy copy to: Charter Communications Attention: General Manager 809 Central Ave. Kearney, NE 68847 The City and the Cable Operator may designate such other address or addresses from time to time by giving notice to the other. XXXI CAPTIONS The captions to sections contained herein are intended solely to facilitate the reading thereof. Such captions shall not affect the meaning or interpretation of the text herein. XXXII INDEMNIFICATION Cable Operator hereby agrees to indemnify and hold the City, including its agents, elected and appointed officials and employees, harmless from any claims, actions, liabilities or damages resulting from the actions of Cable Operator in constructing, operating or maintaining the Cable System or arising from the existence of the Cable System in the City. City agrees to give the Cable Operator written notice of its obligation to indemnify City within ten (10) days of receipt of a claim or action pursuant to this section. Notwithstanding the foregoing, the Cable Operator shall not be obligated to indemnify City for any damages, liability or claims resulting from the willful misconduct or negligence of City or for the City’s use of the Cable System. XXXIII GOVERNMENTAL IMMUNITY The City is relying on, and does not waive, or intend to waive, by any provision of this Agreement, any right, immunity, limitation or protection (including complete damage immunity) otherwise available to the City, its officers, employees or agents under federal, state or local law. XXXIV FORCE MAJEURE Neither party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control including but not limited to; acts of God, fire, explosion, vandalism or other similar catastrophes; national emergencies; insurrection; strike or organized work slowdown; riots or wars. XXXVTIME IS OF THE ESSENCE Whenever this Agreement sets forth any time for any act to be performed by either of the parties, such time shall be deemed to be of the essence of this Agreement. XXXVI CONSTRUCTION OF AGREEMENT Grand Island Council Session - 10/9/2012 Page 299 / 323 21 2010093v3 Except as otherwise provided for herein, this Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Nebraska (as amended), the Cable Act as amended, any applicable rules, regulations and orders of the FCC and any other Applicable Laws, rules, regulations, legislation, or orders (as such now exist, are later amended or subsequently adopted). XXXVII NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third Persons or the public in any manner which would indicate any such relationship with the other. XXXVIII ENTIRE AGREEMENT This Agreement and all attachments represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof: and supersede all prior oral negotiations between the parties. This Agreement can be amended, supplemented, modified, or changed only by an agreement in writing which makes specific reference to this Agreement or to the appropriate attachment and which is signed on behalf of both parties. XXXIX ACTIONS OF THE CABLE OPERATOR In any action by the City or the Cable Operator mandated or permitted under the terms hereof, it shall (unless specified otherwise in this Agreement) act in a reasonable, expeditious, and timely manner. XL SEVERABILITY If any section, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, unconstitutional or unenforceable, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term, or provision hereof, all of which will remain in full force and effect for the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST:CITY OF GRAND ISLAND, NE City Clerk Mayor Grand Island Council Session - 10/9/2012 Page 300 / 323 22 2010093v3 ATTEST:CCVI OPERATING LLC d/b/a Charter Communications Secretary By:President Grand Island Council Session - 10/9/2012 Page 301 / 323 A-1 2010093v3 ATTACHMENT A.CUSTOMER SERVICE STANDARDS A.Cable System office hours and telephone availability. (i)The Cable Operator will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a week. (ii)Trained company representatives will be available to respond to Subscriber telephone inquiries during Normal Business Hours. (iii)After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained company representative on the next business day. (iv)Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. (v)The Cable Operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (vi)Under Normal Operating Conditions, the Subscriber will receive a busy signal less than three percent (3%) of the time. (vii)Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located. B.Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following four (4) standards will be met no less than ninety five percent (95%) of the time measured on a quarterly basis: (i)Standard Installations will be performed within seven (7) business days after an order has been placed. “Standard” Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system. (ii)Excluding conditions beyond the control of the Cable Operator, the Cable Operator will begin working on “Service Interruptions” promptly and in no event later than twenty-four (24) hours after the interruption becomes known. The Grand Island Council Session - 10/9/2012 Page 302 / 323 A-2 2010093v3 Cable Operator must begin actions to correct other Service problems the next business day after notification of the Service problem. (iii)The “appointment window” alternatives for Installations, Service calls, and other Installation activities will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours. (The Cable Operator may schedule Service calls and other Installation activities outside of Normal Business Hours for the express convenience of the Subscriber.) (iv)The Cable Operator may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment. (v)If a Cable Operator representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Subscriber will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the Subscriber. C.Communications between the Cable Operator and Subscribers (i.)Notifications to Subscribers. (1)The Cable Operator shall provide written information on each of the following areas at the time of Installation of Cable Service, at least annually to all Subscribers and the City, and at any time upon request: a.Products and Cable Services offered; b.Prices and options for programming services and conditions of subscription to programming and other services; c.Installation and service maintenance policies; d.Instructions on how to use the Cable Service; e.Channel positions of programming carried on the Cable System; and f.Billing and complaint .procedures, including the address and telephone number of the City’s cable office. Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by the Cable Operator, including the address of the responsible officer of the City. (2)Customers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be Grand Island Council Session - 10/9/2012 Page 303 / 323 A-3 2010093v3 given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Cable Operator. In addition, the Cable Operator shall notify Subscribers thirty (30) days in advance of any significant changes in the information required by Section (C)(i)1(a)-(f) of this Attachment A. (3)In addition to the requirement of subparagraph (2) of this section regarding advance notification to Subscribers of any changes in rates, programming services or Channel positions, Cable Operator shall give thirty (30) days’ written notice to both Subscribers and the City before implementing any rate or Service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels). When the change involves the addition or deletion of Channels, each Channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, the Cable Operator need only identify for Subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts. (4)To the extent Cable Operator is required to provide notice of Service and rate changes to Subscribers, the Cable Operator may provide such notice using any reasonable written means at its sole discretion. (5)Notwithstanding any other provision of this section, Cable Operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, Franchise Fee, or any other fee, tax, assessment, or charge of any kind imposed by any federal agency, state, or City on the transaction between the Cable Operator and the Subscriber. D.Billing. (i.)Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, Basic Cable Service and premium Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (ii.)In case of a billing dispute, the Cable Operator must respond to a written complaint from a Subscriber within thirty (30) days. E.Refunds. Refund checks will be issued promptly, but no later than either: (i.)The Subscriber’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (ii.)The return of the equipment supplied by the Cable Operator if service is Grand Island Council Session - 10/9/2012 Page 304 / 323 A-4 2010093v3 terminated. F.Credits. Credits for Service will be issued no later than the Subscriber’s next billing cycle following the determination that a credit is warranted. Grand Island Council Session - 10/9/2012 Page 305 / 323 B-1 2010093v3 ATTACHMENT B.FRANCHISE FEE PAYMENT WORKSHEET TRADE SECRET – CONFIDENTIAL Month/Year Month/Year Month/Year Total Cable Service Revenue Installation Charge Franchise Fee Revenue Advertising Revenue Home Shopping Revenue Other Revenue Equipment rental REVENUE Fee Calculated Fee Factor:5% Grand Island Council Session - 10/9/2012 Page 306 / 323 C-1 2010093v3 ATTACHMENT C.FREE SERVICE TO PUBLIC BUILDINGS ADAMS STREET PROPERTY BARR JUNIOR HIGH CENTRAL CATHOLIC CITY CIVIL DFNS CITY HALL CITY OF GRAND ISLAND, (RACQUET CENTER) CITY OF GRAND ISLAND FIELDHOUSE CITY STREET DEPT DODGE ELEMENTARY EARLY LEARNING CENTER EDITH ABBOTT LIBRARY EMERGENCY CENTER ENGLEMAN SCHOOL FIRE STATION 1 FIRE STATION 2 FIRE STATION 3 FIRESTATION 4 GIPS KNEALE ADMINISTRATION BUILDING G I POLICE DEPT G I SR HIGH GATES ELEMENTARY HEARTLAND LUTHERAN HOWARD ELEMENTARY JEFFERSON ELEMENTARY KNICKREHM SCHOOL LINCOLN ELEMENTARY LUTHERN CHURCH SCHOOL NEWELL ELEMENTARY NORTHWEST HIGH SCHOOL Grand Island Council Session - 10/9/2012 Page 307 / 323 C-2 2010093v3 SEEDLING MILE SCHOOL,* SHOEMAKER ELEMENTARY,* STARR ELEMENTARY,* STOLLEY PARK ELEMENTARY,* SUCCESS ACADEMY TRINITY LUTHERAN SCHL,* WALNUT MIDDLE SCHOOL,* WASMER ELEMENTARY,* WATER SHOP,CITY WEST LAWN ELEMENTARY,* WESTRIDGE ELEMENTARY,* Island Oasis Water Park, 321 East Fonner Park Road Grand Island Council Session - 10/9/2012 Page 308 / 323 D-1 2010093v3 ATTACHMENT D.NON-DISCLOSURE AGREEMENT THIS NON-DISCLOSURE AGREEMENT is made as of , 2012 between CC VI Operating, LLC (“Charter”) and the City of Grand Island, NE (“Recipient”). WHEREAS, Charter holds a cable television franchise (“Agreement”) issued by Recipient which requires that Charter make available certain of its books and records to verify Charter’s compliance with the terms and provisions of the Agreement; and WHEREAS, Charter is making available for inspection by Recipient certain Confidential Material (as defined below) for the sole and exclusive purpose of permitting Recipient to perform an audit of the payments required under the Agreement and to compile a written report based on the audit findings (the “Purpose”); and WHEREAS, as a condition to making the Confidential Material available, the parties desire to protect the confidential nature of the Confidential Material in accordance with the terms of this Agreement; NOW, THEREFORE, in consideration of the foregoing and of the promises contained in this Agreement, Charter and Recipient hereby agree as follows: 1.Confidential Material. For purposes of this Agreement, the term Confidential Material shall include all business, financial, technical and other information concerning Charter’s business, provided in writing or in any other form or media; provided, however, that “Confidential Material” shall not include any information that (a) becomes generally available to the public other than as a result of disclosure, directly or indirectly, by Recipient or its Representatives (as defined below), or (b) was available to Recipient on a non-confidential basis prior to disclosure by Charter, (c) is lawfully obtained from a third party under no obligation of confidentiality, (d) is developed by the Recipient or is generally disclosed by Charter to third parties without an obligation of confidentiality. This Agreement imposes no obligation on Recipient with respect to any portion of the Confidential Material disclosed by Charter, unless such portion is marked “CONFIDENTIAL” prior to submitting such information to Recipient. 2.Restriction on Use and Disclosure. Consistent with Section of the Agreement, Charter shall provide all books and records requested by the City or City’s agent in the following manner: 1) a mutually acceptable physical location within the City; or 2) via mail or electronic communication acceptable to the City and Grantee. Recipient and its Representatives may make such notes with respect to the Confidential Material (“Notes”) as may be necessary for the Purpose, and all such Notes shall be treated as Confidential Material hereunder. Recipient shall use the Confidential Material solely in furtherance of the Purpose, and shall not disclose the Confidential Material or any portion thereof to any person except those of its employees, consultants and advisors who need to know such information in furtherance of the Purpose (the persons to whom such disclosure is permitted being collectively referred to as “Representatives”). Recipient agrees that, before disclosing the Confidential Material or any Grand Island Council Session - 10/9/2012 Page 309 / 323 D-2 2010093v3 portion thereof to any Representatives, Recipient will inform the Representatives of the confidential nature of the Confidential Material and of the Representatives’ duty to treat the Confidential Material in accordance with this Agreement. Without in any way limiting the foregoing, Recipient shall take all steps necessary to prevent disclosure of the Confidential Material under any open records law, including, without limitation, by exercising its discretion not to disclose Confidential Material in response to an open records act request, and taking all necessary actions to defend against such request. If Recipient or any of its Representatives becomes legally compelled to disclose any of the Confidential Material, the compelled party shall provide Charter with prompt notice of such requirement prior to disclosure so that Recipient may seek a protective order or other appropriate remedy. If such protective order or other remedy is not obtained, the compelled party shall furnish only that portion of the Confidential Material which it is legally required to furnish and shall use its best efforts to assure that confidential treatment will be accorded such Confidential Material. Recipient shall have the right to draft a written report to fulfill the Purpose of the review and Recipient agrees that in drafting said report cause any such audit report to be treated confidentially to the full extent permitted by law. Information shall, to the extent feasible, be provided in an aggregate form and Recipient shall use its best efforts not to communicate confidential information in the report unless necessary to communicate a finding of the audit/review. 3.Equitable Remedies. Recipient acknowledges that, in the event of a breach or threatened breach of this Agreement, there is a substantial likelihood of material, irreparable injury to Charter, and that money damages would not be a sufficient remedy for any such breach or prospective breach by Recipient or its Representatives. Recipient therefore agrees that Charter shall be entitled to specific performance of Recipient’s agreements herein, and to injunctive relief to terminate or prevent any breach or prospective breach of this Agreement. No bond or other security shall be necessary with respect to such relief. Charter shall be entitled to receive from Recipient reimbursement of Charter’s costs and expenses (including attorneys’ fees) incurred in connection with any breach or threatened breach by Recipient or its Representatives, but such reimbursement may only be ordered by a court of competent jurisdiction. 5.Miscellaneous. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral and written, with respect to such matters. No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other exercise of any right, power or privilege hereunder. If any part or any provision of this Agreement shall be deemed to be invalid or unenforceable in any respect, such part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining provisions of this Agreement. No amendment to this Agreement shall be valid unless it is made in writing and signed by both parties. This Agreement shall inure to the benefit of, and be binding upon, the parties, their successors and permitted assigns. This Agreement shall be governed by laws of the State of Nebraska without regard to the choice of law provisions thereof. Grand Island Council Session - 10/9/2012 Page 310 / 323 D-3 2010093v3 IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed on its behalf as of the date set forth above. CC VI OPERATING, LLC CITY OF GRAND ISLAND, NE By:By: Name:Name: Title:Title: Grand Island Council Session - 10/9/2012 Page 311 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-303 WHEREAS, the City of Grand Island has had a cable franchise agreement with CCVI Operating, LLC d/b/a Charter Communications or a predecessor corporation of Charter since April 11, 1966; and WHEREAS, the present cable franchise agreement with Charter Communications has expired; and WHEREAS, the City and Charter Communications have negotiated a fifteen year cable franchise agreement with terms in the best interest of both parties, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorize to sign on behalf of the City the fifteen year cable franchise agreement with Charter Communications.. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 312 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item I5 #2012-304 - Consideration of Modifying Language Relative to Residency Requirements for City Department Directors Staff Contact: Robert J. Sivick, City Attorney Grand Island Council Session - 10/9/2012 Page 313 / 323 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:October 9, 2012 Subject:Consideration of Modifying Language Relative to Residency Requirements for City Department Directors Item #’s:I-5 Presenter(s):Robert J. Sivick, City Attorney Background On December 4, 2001 the Grand Island City Council (Council) approved expanding the area where Department Directors could reside to within ten miles of the City of Grand Island (City) zoning jurisdiction. Since the City has zoning jurisdiction for two miles beyond its borders this in effect extended the acceptable area of residency for Directors to twelve miles beyond the City’s borders. On December 18, 2001 the Council approved Resolution 2001-314 which among other things incorporated the new residency requirements for Directors into the employee handbook. That requirement is memorialized in the City Personnel Rules and Regulations (Personnel Rules) §3.12. This matter was the subject of a Study Session meeting of the Council on October 2, 2012. At that meeting the Council directed the City Legal Department to remove language referring to the City’s zoning jurisdiction from the Director residency requirements as that language existed in no other provisions related to residency of other City employees. The Resolution before you this evening is the result of the City Legal Department’s efforts to comply with that directive. Discussion Residency requirements for municipal employees have been the subject of litigation across the country for the last few decades. Generally Courts are prone to strike down residency requirements that lack a legitimate public purpose related to the operation of municipal government. The most obvious example of such a legitimate public purpose would be public safety but would also include public utilities and infrastructure. The Human Resources Department conducted a survey of residency requirements for Department Directors in other Nebraska cities and compiled the following data: Grand Island Council Session - 10/9/2012 Page 314 / 323 RESIDENCY REQUIREMENTS FOR DEPARTMENT DIRECTORS Hastings No written policy. Strongly recommended La Vista Only City Administrator & Police Chief Bellevue Only City Administrator & Assistant City Administrator Kearney All Directors are required to live within City limits Lincoln No residency requirement for Directors Omaha No residency requirement for Directors Norfolk No residency requirement for Directors - some positions have a response time if in public works or public safety Fremont Residency requirement for City Administrator, Police & Fire Chief within 20 minutes of city limits and Utility Mgr. has to live within service area. Papillion No residency requirements for Directors Columbus No residency requirements for Directors. Police & Fire Chiefs follow the 30 minute rule in place for their department members North Platte No residency requirement for Directors The Human Resources Department compiled the present residency requirements for City employees as listed below: CURRENT RESIDENCY REQUIREMENTS FOR CITY EMPLOYEES Department Directors: Within 10 miles of the zoning jurisdiction Emergency Management Employees: Within a 25 mile radius of the City limits Utilities Department Employees: Residency boundaries of the department Sworn Police Officers (FOP Contract): Within 35 miles of city limits Firefighters (IAFF Contract): Within a 35 mile radius of the City limits Parks & Streets (AFSCME Contract): No residency requirement IBEW Wastewater: No residency requirement IBEW Service/Clerical No residency requirement IBEW Utilities & Finance: Residency Boundaries as established in the contracts Non-union: No residency requirement The Human Resources Department compiled data on the residency of City employees broken down by Department as listed below: GI OTHER TOTAL % GI ADMINISTRATION 4 1 5 80% BUILDING 9 2 11 82% EMER MANAGEMENT 17 1 18 94% FINANCE 28 4 32 88% FIRE 38 28 66 58% Grand Island Council Session - 10/9/2012 Page 315 / 323 HUMAN RESOURCES 2 2 4 50% LEGAL 3 0 3 100% LIBRARY 26 2 28 93% PARKS 24 5 29 83% PLANNING 3 0 3 100% POLICE 75 18 93 81% PUBLIC WORKS 61 13 74 82% UTILITIES 128 6 134 96% TOTAL 418 82 500 84% The Resolution before you for consideration removes the language in §3.12 of the Personnel Rules referring to the City’s zoning jurisdiction and states the requirement in terms of miles (twelve) which is the case with all other City residency requirements. 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 recommends the Council approve Resolution 2012-304 which amends Personnel Rule §3.12 by removing language referring to the City’s zoning jurisdiction and stating the residency requirement for City Department Directors as twelve miles from the City limits. Sample Motion Move to approve Resolution 2012-304 which amends Personnel Rule §3.12 by removing language referring to the City’s zoning jurisdiction and stating the residency requirement for City Department Directors as twelve miles from the City limits. Grand Island Council Session - 10/9/2012 Page 316 / 323 - 1 - R E S O L U T I O N 2012-304 WHEREAS, on December 18, 2001 the Grand Island City Council approved Resolution 2012-314 which among other things incorporated residency requirements for City of Grand Island Department Directors as within ten (10) miles of the City’s zoning jurisdiction; and WHEREAS, the City’s zoning jurisdiction is two (2) miles beyond the City limits, making the residency requirements for Department Directors as twelve (12) miles beyond the City limits; and WHEREAS, reference to the City’s zoning jurisdiction is confusing and not referenced in any other residency requirements for City employees, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island Personnel Rules and Regulations §3.12 be amended as follow: Sec. 3.12 RESIDENCY All Department Directors are required to reside within ten twelve (12) miles of the zoning jurisdiction City limits. All Emergency Management employees are required to reside within a twenty-five (25) mile radius of the City limits of Grand Island. All Utilities Department employees are required to reside within the residency boundaries of the department. Residency for police and fire employees are established by contracts. Employees that drive City vehicles home and senior management personnel need to check their department’s Standard Operating Procedures in reference to residency requirements. Employees subject to particular residency requirements will establish residency in compliance with that requirement within six (6) months after the calendar day of the start of employment in the City position subject to that residency requirement and will maintain such residency during the term of employment in that position. For purposes of these Personnel Rules and Regulations, residency will mean the employee’s domicile. Adopted by the City Council of the City of Grand Island, Nebraska, October 9, 2012. _______________________________________ Jay Vavricek, Mayor Grand Island Council Session - 10/9/2012 Page 317 / 323 - 2 - Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 318 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item I6 #2012-305 – Consideration of Appointing Todd McCoy as Parks and Recreation Director Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 10/9/2012 Page 319 / 323 Council Agenda Memo From:Mayor Jay Vavricek Meeting:October 9, 2012 Subject:Appointment of Todd McCoy as Parks and Recreation Director Item #’s:I-6 Presenter(s):Mayor Jay Vavricek Background The Parks and Recreation Director position became vacant in June of 2012 when long time Director Steve Paustian retired. The City Human Resources Department began the recruitment process to fill the position. The position was advertised nationally and 34 applications were received. Discussion Council President Peg Gilbert and Councilmembers Bob Niemann and Larry Carney along with City Administrator Brown and Human Resources Director Sutherland participated in the screening process to help determine finalists that would come for in- person interviews with the Mayor and interview committee. While three finalists were selected, two of the finalists declined the final interview. After consulting with individuals involved with the process Todd was then interviewed. Based on the strength of the recommendation, the results of his interview and 15 years of hands on experience, the committee recommendation naming Todd as a finalist had merit. As the three very best applicants of the entire field were identified, there was no need to compare him to others who were not initially recommended as a finalist. While the process didn’t go quite as planned, in the end I couldn’t be more pleased with the outcome. Todd has made his mark in the Parks Department as the Recreation Superintendent and also in the community. He is well liked and respected. We are fortunate to have such a quality individual here, ready to step up and take the lead right in our own back yard. I said before, previous devotion and service in the city would not be overlooked should advancement opportunities occur. My recommendation of Todd to Council indicates another example to promote from within and appreciate previous dedication, loyalty, talent and service. Thank you to council members Gilbert, Niemann and Carney for their role in analyzing the many deserving and talented applicants who sought consideration in the position. Grand Island Council Session - 10/9/2012 Page 320 / 323 Mr. McCoy earned a Bachelor’s degree in Recreation with an Emphasis on Administration and Natural Resources from the University of Nebraska at Kearney, NE. He began his employment with the City of Grand Island in 1997 as the Recreation Superintendent. McCoy continues to serve in that role in addition to being named the interim Parks and Recreation Director in June of 2012 when former Parks and Recreation Director Steve Paustian retired. Mr. McCoy worked as a Youth Care Worker at Boystown for two years prior to starting with the City of Grand Island. Throughout the last 15 years, McCoy has managed Grand Island recreation facilities and programs including Island Oasis Water Park, Lincoln Pool, Community Fieldhouse, Grand Island Games, various sports leagues and tournaments, and children’s programming. Furthermore, McCoy is a Certified National Pool Operator, a member of the National Recreation and Parks Association and a member of the World Water Park Association. In 2003, the Nebraska Recreation and Parks Association named McCoy Outstanding Recreation Professional. I am confident in Todd McCoy’s ability to lead the Parks and Recreation Department into the future. His work ethic, community presence and visionary spirit will serve our community well. If McCoy’s appointment is approved by city council, McCoy will assume the duties of Parks and Recreation Director on Wednesday, Oct. 9. McCoy will start at step one of the pay scale which is $69,047.21 annually. 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 Recommend Todd McCoy be appointed as the Parks and Recreation Director. Sample Motion Move to appoint Todd McCoy as Parks and Recreation Director. Grand Island Council Session - 10/9/2012 Page 321 / 323 Approved as to Form ¤ ___________ October 5, 2012 ¤ City Attorney R E S O L U T I O N 2012-305 WHEREAS, under City Code, 2 – 31, the position of Parks and Recreation Director for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of Parks and Recreation Director; and WHEREAS, the Mayor has recommended the appointment of Todd McCoy as the Parks and Recreation Director effective October 10, 2012; and WHEREAS, Mr. McCoy will be compensated at step one of the current Parks and Recreation Director pay scale in compliance with the City Personnel Rules. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Todd McCoy is hereby duly appointed the Parks and Recreation Director for the City of Grand Island, Nebraska, - - - Adopted by the City Council of the City of Grand Island, Nebraska, and October 9, 2012. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/9/2012 Page 322 / 323 City of Grand Island Tuesday, October 9, 2012 Council Session Item J1 Approving Payment of Claims for the Period of September 26, 2012 through October 9, 2012 The Claims for the period of September 26, 2012 through October 9, 2012 for a total amount of $2,787,857.08. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 10/9/2012 Page 323 / 323