Loading...
04-22-2003 City Council Regular Meeting PacketCity of Grand Island Tuesday, April 22, 2003 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Marlan Ferguson City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Joyce Haase Margaret Hornady Gale Larson Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick Larry Seifert Scott Walker Fred Whitesides City of Grand Island City Council Call to Order 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. /Pastor Vern Rice, Independent Bethel Baptist Church, 1223 East 6th Street City of Grand Island City Council Item C1 "It's About Kids!" Presentation by Jenna Rathke and Anna Galbraith Youth Leadership Tomorrow, "It's About Kids!" assets will be presented by Jenna Rathke and Anna Galbraith. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item C2 Recognition of Officer Roger Philbeck for Thirty Years of Service with the Grand Island Police Department The Mayor and City Council will recognize Officer Roger Philbeck for 30 years of dedicated service with the Grand Island Police Department. Officer Philbeck started working for the Police Department on 4-16-1973 as a Patrolman. On 3-25-1983 he became a detective for the department. Officer Philbeck is currently a Police Officer. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Item C3 Recognition of Michael J. Nolan for Receiving the American Red Cross Certificate of Merit Mike Nolan, City of Grand Island Lifeguard, has been awarded the American Red Cross Certificate of Merit. This is the highest award given by the American Red Cross to an individual who saves or sustains a life by using skills and knowledge learned in an American Red Cross Health and Safety Service Course. The certificate bears the signature of the President of the United States, who is the honorary chairman of the American Red Cross, and the signature of the chairman of the American Red Cross. On, May 29, 2002, Mike Nolan helped save a life of a motorcycle accident victim. Witnessing the motorcycle driver passing through a red light and colliding with a car, Mr. Nolan quickly responded. He performed a primary survey of the scene and began assessing the victim’s injuries. Mr. Nolan provided in-line stabilization of the victim’s neck and kept the victim calm until emergency personnel arrived at the scene. Without a doubt, the skills learned in the American Red Cross Health and Safety Services course and used by Mike Nolan contributed to saving the victim’s life. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Item C4 Proclamation "Community Development Week" April 20-26, 2003 Because Nebraska's communities and neighborhoods are the foundation for providing a high quality of life for its residents and the Community Projects Department has actively supported Community Development activities, the Mayor has proclaimed the week of April 20-26, 2003 as "Community Development Week". See the attached PROCLAMATION. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Cindy Johnson City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, Nebraska’s communities and neighborhoods are the foundation for providing a high quality of life for its residents; and WHEREAS, The Community Projects Department has demonstrated a dedication to the economic, social and cultural growth in this Community; and WHEREAS, The Community Projects Department has actively supported Community Development activities, including the down payment assistance program, acquisition and demolition of sub standard dwellings and owner occupied rehabilitation in Grand Island. NOW, THEREFORE, I, Jay Vavricek, Mayor of Grand Island, Nebraska, do hereby proclaim the week of April 20-26, 2003 as COMMUNITY DEVELOPMENT WEEK in the City of Grand Island, and encourage all citizens of Grand Island to support community development activities this week and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this twenty-second day of April in the year of our Lord Two Thousand and Three. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item C5 Presentation to Heartland Events Center from Community Youth Council During last year's Hall County Fair, the Community Youth Council provided assistance to the fair officials as a show of their support and appreciation for the inclusion of a youth concert in the fair lineup. The youth assisted with ticket taking, ushering, and merchandise sales. In lieu of receiving payment for providing these service, the CYC asked that the payment be made as a contribution to the Heartland Events Center, in the name of the CYC. Representatives of the CYC will be present to present a check in the amount of $552 to representatives of the Heartland Events Center. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Cindy Johnson City of Grand Island City Council Item C6 Presentation by Bill Stovall with Central Nebraska Regional Airport Regarding Apache Helicopter Project Bill Stovall, Executive Director with the Central Nebraska Regional Airport will update the Mayor and City Council concerning the Apache Helicopter Project. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Mayor Jay Vavricek City of Grand Island City Council Item D1 #2003-BE-4 - Determining Benefits for Sanitary Sewer District 506, Lillie Drive in Gosda Subdivision The Certificate of Final Completion for Sanitary Sewer District No. 506, Lillie Drive in Gosda Subdivision, was approved on March 18, 2003 with April 22, 2003 set as the date for Council to sit as the Board of Equalization. The contract for Sanitary Sewer District 506 was awarded to The Diamond Engineering Company of Grand Island, Nebraska on November 12, 2002; work commenced on December 2, 2002 and was completed on February 21, 2003. This project was completed on schedule and at a construction price of $19,427.15. Total cost of the project, including contract administration is $21,683.35. Costs for the project break down as follows: Original Bid $ 19,904.70 Underruns ($ 477.55) No Change Orders $ 0 Engineering $ 1,967.77 No Easements $ 0 Publication, etc. $ 288.43 Total Cost $ 21,683.35 The original estimate at time of District Creation was $24,613.00. It is recommended that Council sit as a Board of Equalization and pass a Resolution determining the benefits of the District. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-BE-4 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District 506, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $21,683.35; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 506, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Kenneth & Sandra Martin Lot 14, Block 1, Gosda Subdivision 3,989.17 Daniel & Cynthia Linke Lot 15, Block 1, Gosda Subdivision 3,989.17 Maynard C. Ritter Lot 16, Block 1, Gosda Subdivision 3,989.17 Stanley & Jeanette Peterson Part of Lot 1, Jeanette Subdivision and a part of the SE1/4, NE1/4 of Section 23-11-10, more particularly described as follows: Beginning at the NE corner of Lot 1 Jeanette Subdivision; thence west on the north line of said Lot 1 and its westerly prolongation, a distance of 384'; thence south parallel to the west line of said Lot 1, a distance of 174'; thence east parallel to the south line of said Lot 1, a dis tance of 384'; thence north on the east line of said Lot 1, a distance of 174' to the point of beginning. 6,738.26 Steven & Connie Asche Part of Lot 1, Jeanette Subdivision and a part of the SE1/4, NE1/4 of Section 23-11-10, more particularly described as follows: Beginning at a point on the south line of Lillie Drive, said point being 85' west of northwest corner of Lot 1 Jeanette Subdivision; thence west a distance of 68'; thence south parallel to the west line of said Lot 1, a distance of 224'; thence east on the south line of said Lot 1 and the westerly prolongation, a distance of 452'; thence north on the east line of said Lot 1, a distance of 50'; thence west parallel to the south line of said Lot 1 and its westerly prolongation, a distance of 384'; thence north parallel to the west line of said Lot 1, a distance of 174' to the point of beginning. 2,977.58 TOTAL $21,683.35 RESOLUTION 2003-BE-4 - 2 - _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on April 22, 2003. ____________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Changes to the Grand Island Zoning Map for Lots 23-26 and Lots 32-37 Bosselman Second Subdivision, and Lot 1 Bosselman Third Subdivision Raymond O'Connor, as the owner is requesting a change of zoning for property containing lots 23-26 and lots 32-37 Bosselman Second Subdivision, and lot 1 Bosselman Third Subdivision. This application proposes to change the zoning from RO Residential Office and B2 General Business to RD Residential Development. This change is in conformance with the Grand Island Comprehensive Plan. The Regional Planning Commission at their regular meeting held April 9, 2003 unanimously voted to approve and recommend the Grand Island City Council approve this amendment to the Grand Island Zoning Map. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Agenda Item # 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: February 19, 2003 SUBJECT: Zoning Change (C-6-2003GI) PROPOSAL: To rezone 11 Lots in Bosselman’s 2nd and Bosselman’s 3rd Subdivisions approximately 10.197 acres of land between Curran Ave and U.S. Highway 2, west of Diers Avenue from B2-General Commercial to RD- Residential Development Zone, in the City of Grand Island. OVERVIEW: Site Analysis Current zoning designation: B2- General Business, RO Residential Office Permitted and conditional uses: B2-General Business including outdoor display and sales, Office, Residential at a density of up to 43 units acre, Fabrication incidental to permitted uses. RO- High density residential uses (no maximum density) and commercial office uses that are not primarily retail in nature, medical offices and facilities. Comprehensive Plan Designation: Commercial and Medium Density Residential to Office Existing land uses. Vacant Property Adjacent Properties Analysis Current zoning designations: North and East: B2 General Business South: RO Residential Office, RD Residential Development Zone West: -TA-Transitional Agriculture Permitted and conditional uses: TA- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre. B2-General Business including outdoor display and sales, Office, Residential at a density of up to 43 units per acre, Fabrication incidental to permitted uses. RO- High density residential uses (no maximum density) and commercial office uses that are not primarily retail in nature, medical offices and facilities. RD-Residential Development Zone approve for duplex units on a private street. Comprehensive Plan Designation: North, East, South: Commercial West: Medium Density Residential to Office Uses Existing land uses: North: New Commercial Development, East: Commercial Development, West: Agriculture and Drainage ROW South: Multifamily Residential EVALUATION: Positive Implications: · In general conformance with the City’s Comprehensive Land Use Plan: This particular site is designated as commercial within the plan but adjacent properties are medium density residential to office uses. Residential uses are often found in and adjacent to most of the commercial zones in Grand Island. Higher density residential uses such as this are not uncommon. · Uses would be consistent with the level of service intended for Diers Avenue: Diers Avenue is exceeds the minimum standards for a commercial street and is intended to function as an arterial street. · Monetary Benefit to Applicant: As always this change has the potential to benefit the applicant monetarily. Negative Implications: · This does convert commercial property fronting onto Diers Avenue from commercial to residential uses. Residential uses are allowed in the B2 zone so these uses could be done in this district without the zoning change. The zoning change permits creative development of this parcel. Other The developer is proposing to build 14 buildings with four or five dwelling units in each building on this site (68 units total). At the proposed density, this development would be 6.67 units per acre or 1 unit for every 6532 square feet. This is significantly less development than could be allowed in a B2 or RO or even R4 or R3 district. This development provides for public utilities within the development. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on the this site from B2- General Business Zone to RD- Residential Development Zone. ___________________ Chad Nabity AICP, Planning Director April 10, 2003 Honorable Jay Vavricek, Mayor and Members of the Council 100 E. 1st Street Grand Island NE 68801 Dear Mayor and Members of the Council: RE: An amendment to the Zoning Map for lots 23-26 and lots 32-37 Bosselman Second Subdivision, and Lot 1 Bosselman Third from RO Residential Office and B2 General Business to RD Residential Development, and Final plat of North Pointe Subdivision. At the regular meeting of the Regional Planning Commission, held April 9, 2003 the above item was considered following a public hearing. This application proposes to rezone lots 23-26 and lots 32-37 Bosselman Second Subdivision, and Lot 1 Bosselman Third from RO Residential Office and B2 General Business to RD Residential Development, and Final plat of North Pointe Subdivision. No one from the public spoke against this item. Bill Francis spoke in favor of this item. He was representing the developers, asked the Planning Commission for their support on this item. He said he feels it is a good development that will target retirement age people. Following further discussion a motion was made by Ruge 2nd by Hayes to approve and recommend that the City of Grand Island approve this amendment to the Grand Island Zoning Map. A motion was made by Wagoner 2nd by Hayes to approve the final plat and subdivision agreements of North Pointe Subdivision. The Planning Commission passed this motion with 10 members voting in favor (Amick, Haskins, O’Neill, Hooker, Eriksen, Miller, Obst, Ruge, Hayes, Wagoner). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Public Works Director of Utilities Director of Building Inspections Manager of Postal Operations Rockwell & Associates Item E2 Public Hearing on Request of Omaha Paper Stock Company, Inc. for a Conditional Use Permit Located at 1215 East Highway 30 Michael Mercer, Vice President of Omaha Paper Stock Company, Inc. has submitted an application with the City Clerks office for a conditional use permit to allow for the continued operation of a paper recycling facility at 1215 E. Highway #30 in Grand Island. The operation of a salvage or recycling facility is required to be approved by the City Council in the form of a conditional use permit. The application has been reviewed by City staff and two exceptions are noted,1. the existing fence needs to be independently constructed and not rely on the paper bails for support, and 2. landscaping adjacent to Highway #30 was proposed to be constructed within six months of the completion of the highway improvement project, a completion date of October 30, 2003 needs to be established for the landscaping. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item E3 Public Hearing on Request of Oakleaf Auto Crushing for a Conditional Use Permit Located at 1911 Eldorado Street Craig Oakleaf representing Oakleaf Auto Crushing, has submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the continued operation of a salvage yard located at 1911 Eldorado Street. This request has been reviewed by the Building, Legal, Utilities, Regional Planning, and Public Works Departments. Two exceptions are noted in the review process,1). the property to the west of the proposed salvage yard is a residential zoned property and needs to be cleared of any and all salvage operations prior to approval, and 2). the existing fence does not provide the degree of sight-obscuring protection I believe intended in the City Code and needs to be modified. A September 30,2003 completion date for the modification of the fence appears reasonable. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item E4 Public Hearing on Request of Kramer's Auto Parts & Iron Company, Inc. for a Conditional Use Permit Located at 3405 North US Highway 281 Kramer's Auto Parts & Iron Company, Inc. has submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the continued operation of a salvage yard located at 3405 North US Highway 281. This request has been reviewed by the Building, Legal, Utilities, Regional Planning, and Public Works Departments. The one exception to the requirements for a salvage operation is the installation of a site-obscuring fence around the property. Allowing a September 30,2003 completion date for the installation of the required fence appears to be reasonable. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item E5 Public Hearing on Request of Alter Scrap Processing for a Conditional Use Permit for a Salvage Yard Located at 1119 East 4th Street Alter Scrap Processing has submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the continued operation of a salvage yard located at 1119 East 4th Street. This request has been reviewed by the Building, Legal, Utilities, Regional Planning, and Public Works Departments. One exception to this request was noted as the required fencing is not currently completed, a completion date of September 30,2003 appears reasonable. An additional item noted in reviewing the subdivision agreements for this property dated March 8,1998 was that public sidewalks were to be installed adjacent to lot 2 within six months of Council approval of the final plat. It would appear that installation of the required sidewalks within the same time frame as the required fencing is a reasonable request. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item E6 Public Hearing on Acquisition of Utility Easement Located at 920 Diers Avenue - Shafer Properties, LLC Acquisition of utility easement located along the north property line of 920 Diers Avenue is required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate underground cable and pad mounted transformer to serve a new building at 920 Diers Avenue. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Item E7 Public Hearing on Submittal of Grant Application to Nebraska Department of Economic Development for Renovation and Expansion of Senior Citizen Center The Nebraska Department of Economic Development accepts applications through the Community Development Block Grant Program for grant funding to assist with public works activities, including community centers, senior centers, primary health and mental health clinics and dependent care facilities. Applications can only be submitted by municipalities. Community Projects staff had met with a number of agencies who had requested the City make application on their behalf. After careful review of the proposed projects and discussion with the DED Program Representative, City staff is recommending the submittal of an application for the renovation and expansion of the Senior Citizens/Grand Generation Center. The renovation will include an additional 4,300 square feet of space for program uses and 300 square feet for kitchen expansion. The City's request to CDBG is for funding in the amount of $350,000; total cost of the project is anticipated to be approximately $470,000. The grant requires a 25% match ($117,500) which will be met by the Senior Citizens Industries, Inc. Community Projects staff will monitor and oversee the grant activities. The Grant is available for review in the office of the Community Projects Director. It is appropriate at this time to solicit public input. The action item is contained under the Consent Agenda. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Cindy Johnson City of Grand Island City Council Item F1 #8798 - Consideration of Annexation of Property Being Platted at Nuemann Subdivision, Located South of 13th Street and West of North Road (Final Reading) This item relates to the Public Hearing that was held on March 18, 2003. The First Reading was approved on March 18, 2003 and the Second Reading approved on April 8, 2003. Annexation of property being platted as Neumann Subdivision an addition to the City of Grand Island. The property is located south of 13th Street and west of North Road, in the N 1/2 NE 1/4 Section 14, Township 11, Range 10. The Regional Planning Commission at their meeting of March 5, 2003, voted to approve and recommend the city council approve this annexation. Approval is recommended. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney ORDINANCE NO. 8798 An ordinance to annex Neumann Subdivision into the City of Grand Island; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, Jacqueline E. Hanover, a widow, and Teddy Lechner and Imogene Lechner, husband and wife, as owners, have caused to be laid out into a lot, a tract of land comprising a part of the North Half of the Northeast Quarter (N1/2, NE1/4) of Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, under the name of NEUMANN SUBDIVISION, which is proposed to be an addition to the City of Grand Island; and WHEREAS, after public hearing on March 5, 2003, the Regional Planning Commission recommended the approval of annexing such addition into the City of Grand Island; and WHEREAS, after public hearing on March 18, 2003, the City Council found and determined that such annexation be approved. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Neumann Subdivision is hereby annexed into the City of Grand Island, and shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules, and regulations of the City of Grand Island SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. ORDINANCE NO. 8798 (Cont.) - 2 - 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: April 22, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8799 - Consideration of Annexation of Property Being Platted as Timberline Subdivision, Located North of Highway 2 and West of Webb Road (Second Reading) This item relates to the Public Hearing held on March 18, 2003 and discussed at the March 25, 2003 City Council Study Session. First Reading was approved on April 8, 2003. Annexation of property being platted as Timberline Subdivision an addition to the City of Grand Island. The property is located north of Highway 11 and west of Webb Road, in the SE1/4NE1/4 of Section 1, Township 11, Range 10. The Regional Planning Commission at their meeting of March 5, 2003, unanimously voted to approve and recommend the city council approve this annexation. Approval is recommended. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ April 18, 2003 ¤ City Attorney ORDINANCE NO. 8799 An ordinance to annex Timberline Subdivision into the City of Grand Island; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, Hehnson, LLC, a Nebraska limited liability company, as owner, has caused to be laid out into lots, a tract of land comprising a part of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section One (1), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., AND a tract of land located in the Northeast Quarter (NE1/4) of Section One (1), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., both located in Hall County, Nebraska, under the name of TIMBERLINE SUBDIVISION, which is proposed to be an addition to the City of Grand Island; and WHEREAS, after public hearing on March 5, 2003, the Regional Planning Commission recommended the approval of annexing such addition into the City of Grand Island; and WHEREAS, after public hearing on March 18, 2003, the City Council tabled the matter for further consideration; and WHEREAS, after further consideration on April 8, 2003, the City Council found and determined that such annexation be approved. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Timberline Subdivision is hereby annexed into the City of Grand Island, and shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules, and regulations of the City of Grand Island ORDINANCE NO. 8799 (Cont.) - 2 - SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 22, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #8805 - Consideration of Creating Street Improvement District #1246, South Locust Street from Stolley Park Road to Fonner Park Road Council action is needed to create a Street Improvement District. If created, a notice will be mailed to all affected property owners and a 20-day protest period allowed. Business Improvement District Number 4 was formed to make improvements along South Locust Street between Stolley Park Road and Fonner Park Road. The creation of a Street Improvement District is needed in the event the City desires to bond the project, and for levying the cost for sidewalks where they do not currently exist. It is recommended that Council approve creation of the Street Improvement District. A ten (10) year assessment period is recommended. The District should be established to continue the improvements to the South Locust corridor. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney ORDINANCE NO. 8805 An ordinance to create Street Improvement District No. 1246; to define the boundaries of the district; to provide for the improvement of a street within the district by paving, curbing, guttering, storm drainage, sidewalks, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1246 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the southeast corner of Section 21-11-9, said point also being the southwest corner of Section 22-11-9; thence west on the south line of Section 21- 11-9 for a distance of Two Hundred Fifteen (215.0) feet; thence north on a line Two Hundred Fifteen (215.0) feet west of and parallel to the line common to Section 21-11-9 and Section 22-11-9 to the north line of the Southeast Quarter (SE1/4) of Section 21-11-9; thence east on the north line of the Southeast Quarter (SE1/4) of Section 21-11-9 and the north line of the Southwest Quarter (SW1/4) of Section 22-11-9; thence south on a line Two Hundred Fifteen (215.0) feet east · This Space Reserved for Register of Deeds · ORDINANCE NO. 8805 (Cont.) - 2 - of and parallel to the line common to Section 22-11-9 and Section 21-11-9 to the south line of Section 22-11-9; thence west on the south line of Section 22-11-9 for a distance of Two Hundred Fifteen (215.0) feet to the point of beginning, as shown on the plat dated April 7, 2003, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving and other incidental work in connection therewith: South Locust Street from Stolley Park Road to Fonner Park Road, in the City of Grand Island, Hall County, Nebraska. Said improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. ORDINANCE NO. 8805 (Cont.) - 3 - Enacted: April 22, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #8806 - Consideration of Change of Land Use Designation for Property Containing Lots 23-26 and Lots 32-37 Bosselman Second Subdivision, and Lot 1 Bosselman Third Subdivision from Ro Residential Office and B2 General Business to RD Residential Development This item relates to the aforementioned Public Hearing. Raymond O'Connor, has submitted a request to rezone approximately 10.179 acres of land located along Diers Ave, and North of Curran Ave from RO Residential Office, and B2 General Business to RD Residential Development. The purpose of the request is to rezone the property to allow a housing development. The Regional Planning Commission, at their meeting of April 9, 2003, voted unanimously to approve the request. Approval is recommended. See attached ORDINANCE. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney ORDINANCE NO. 8806 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 Twenty Three (23), Twenty Four (24), Twenty Five (25), Twenty Six (26), Thirty Two (32), Thirty Three (33), Thirty Four (34), Thirty Five (35), Thirty Six (36) and Thirty Seven (37) of Bosselman Second Subdivision, and Lot One (1) of Bosselman Third Subdivision, all in the city of Grand Island, Hall County, Nebraska, from RO-Residential Office Zone and B2-General Business 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 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on April 9, 2003, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on April 22, 2003, 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 RO-Residential Office to RD-Residential Development Zone: All of Lots Twent y Three (23), Twenty Four (24), Twenty Five (25), and Twenty Six (26) of Bosselman Second Subdivision in the city of Grand Island, Hall County, Nebraska. ORDINANCE NO. 8806 (Cont.) - 2 - SECTION 2. The following tract of land is hereby rezoned and reclassified and changed from B2-Gene ral Business Zone to RD-Residential Development Zone: All of Lots Thirty Two (32), Thirty Three (33), Thirty Four (34), Thirty Five (35), Thirty Six (36), and Thirty Seven (37) of Bosselman Second Subdivision, and all of Lot One (1), Bosselman Third Subdivision, all in the city of Grand Island, Hall County, Nebraska. SECTION 3. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 4. 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: April 22, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #8807 - Consideration of Assessments for Sanitary Sewer District #506, Lillie Drive in Gosda Subdivision This item relates to the action taken earlier whereby the Council, acting as the Board of Equalization, determined benefits associated with Sanitary Sewer District 506, Lillie Drive in Gosda Subdivision. The District was established December 2, 2002 and construction was completed February 21, 2003. It is recommended that Council assess the properties adjacent to the project. This ordinance provides for setting the assessment and levying the special taxes, which will allow the City to recover the majority of District costs. Approval is recommended. See attached ORDINANCE. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney ORDINANCE NO. 8807 An ordinance assessing and leyving a special tax to pay the cost of construction of Sanitary Sewer District No. 506 of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provisions of the Grand Island City Code, ordinances, and 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 cost of construction of said sanitary sewer main in said Sanitary Sewer District No. 506, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Name Description Assessment Kenneth & Sandra Martin Lot 14, Block 1, Gosda Subdivision 3,989.17 Daniel & Cynthia Linke Lot 15, Block 1, Gosda Subdivision 3,989.17 * This Space Reserved for Register of Deeds * ORDINANCE NO. 8807 (Cont.) - 2 - Maynard C. Ritter Lot 16, Block 1, Gosda Subdivision 3,989.17 Stanley & Jeanette Peterson Part of Lot 1, Jeanette Subdivision and a part of the SE1/4, NE1/4 of Section 23-11-10, more particularly described as follows: Beginning at the NE corner of Lot 1 Jeanette Subdivision; thence west on the north line of said Lot 1 and its westerly prolongation, a distance of 384'; thence south parallel to the west line of said Lot 1, a distance of 174'; thence east parallel to the south line of said Lot 1, a distance of 384'; thence north on the east line of said Lot 1, a distance of 174' to the point of beginning. 6,738.26 Steven & Connie Asche Part of Lot 1, Jeanette Subdivision and a part of the SE1/4, NE1/4 of Section 23-11-10, more particularly described as follows: Beginning at a point on the south line of Lillie Drive, said point being 85' west of northwest corner of Lot 1 Jeanette Subdivision; thence west a distance of 68'; thence south parallel to the west line of said Lot 1, a distance of 224'; thence east on the south line of said Lot 1 and the westerly prolongation, a distance of 452'; thence north on the east line of said Lot 1, a distance of 50'; thence west parallel to the south line of said Lot 1 and its westerly prolongation, a distance of 384'; thence north parallel to the west line of said Lot 1, a distance of 174' to the point of beginning. 2,977.58 TOTAL $21,683.35 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at ORDINANCE NO. 8807 (Cont.) - 3 - the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected and paid. SECTION 3. The 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 “Sewer Extension Fund” for Sanitary Sewer District No. 506. SECTION 5. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of 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 within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: April 22, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F6 #8808 - Consideration of Amendment to Chapter 32 of the Grand Island City Code Relative to Sidewalk Permit Fees At the October 8, 2002 Council meeting, the Council ordered the installation of sidewalks in several areas of Grand Island by Resolution 2002-323 (copy attached). At the November 26, 2002 Council meeting, the Council also approved sidewalks along Harrison Street by Resolution 2002-370. The Council has demonstrated strong support for installation of sidewalks in the community, and has not waived construction for any properties at this time. The installation deadline is prior to the start of school in the fall of 2003. Citizens in the affected areas have requested that Council waive the permit fee for property owners who have been ordered to install sidewalks. Sidewalk construction permits are required by Section 32-52 of the City Code and cost $15.00. Permit fees fund the inspection of the concrete forms before the sidewalk is poured to insure that new walks comply with City standards as well as Americans with Disabilities Act regulations. The fall 2002 Resolutions affected 167 property owners. Of these properties, 26 owners have already paid for and received a sidewalk construction permit. In order to waive the permit fee, an Ordinance must amend City Code Section 32-52 to allow for the fee to be waived, then a separate Resolution must be passed to grant a waiver to the affected property owners. Staff recommends that the Resolution only cover the sidewalks that were ordered by Resolutions 2002-323 and 2002-370. Public Works Engineering will still incur the inspection costs with lost permit revenue of $2,505.00. If the Ordinance and Resolution are passed, fees should be refunded to the 26 properties that have already received a permit. Only permits granted to the areas covered by the Resolutions should be refunded. See attached ORDINANCE. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney ORDINANCE NO. 8808 An ordinance to amend Chapter 32 of the Grand Island City Code; to amend Section 32-52 pertaining to sidewalk permit fees; to repeal Section 32-52 as now existing, and any ordina nce or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 32-52 of the Grand Island City Code is hereby amended to read as follows: §32-52. Prerequisites Generally Any person who intends or desires to alter, break, construct, reconstruct, or remove any curb, gutter, public sidewalk, or hardsurfaced driveway, or any combination of them within the area of any street right-of-way lying within the limits of the City, or within its zoning jurisdiction, shall notify the public works director of such intent or desire and obtain a permit therefor. No construction or reconstruction work in connection therewith shall be started until the public works director has provided the necessary stakes for alignment and grade line and has furnished specifications for such work. A permit fee in accordance with the City of Grand Island Fee Schedule shall be charged for each permit, and each permit shall expire six months from date of issuance. The City Council may, by resolution, waive the permit fee. SECTION 2. Section 32-52 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. 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. ORDINANCE NO. 8808 (Cont.) - 2 - Enacted: April 22, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Document - Civil Service Minutes of March 6, 2003 Receipt of Official Document - Civil Service Minutes of March 6, 2003. See attached MINUTES. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council City Of Human Resources GRAND ISLAND Working Together for a Better Tomorrow. Today. MINUTES CIVIL SERVICE COMMISSION March 6, 2003 Roll Call: Members Present: Leeper, Hilligas, Burns Members Absent: None Also Present: Jenna Leeper, GISH student Leeper called the meeting to order at 8:30 a.m. Notice of the meeting was published in the March 3, 2003, edition of the Grand Island Independent. Burns moved to approve the minutes of the February 21, 2003 meeting. Hilligas seconded the motion, which carried unanimously upon roll call vote. The Commission received a request from the Police Department to advertise and conduct the Police examination. Hilligas moved to authorize the Secretary to advertise and conduct the Police Officer examination. Burns seconded the motion, which passed unanimously upon roll call vote. There being no further business, Hilligas moved to adjourn the meeting at 8:40 a.m. Burns seconded the motion, which carried unanimously upon roll call vote. Respectfully submitted, Al Satterly, Secretary Designee Approved by Civil Service Commission: 4/11/03 Civil Service Commission Copies of approved Minutes to: City Clerk Item G2 Receipt of Official Document - Pawnbroker's Official Bonds for Wayne's Pawn Shop, Stewart's Loan and Pawnshop and G.I. Loan Shop Chapter 25 of the Grand Island City Code allows for Pawnbrokers licenses. All permits expire on May 1st of each year. City Council approval is required for new applications and renewals. The City Clerk's Office has received applications and Official Bonds from Wayne's Pawn Shop, Stewart's Loan and Pawnshop and G.I. Loan Shop. Approval is recommended. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G3 Approving Minutes of April 8, 2003 City Council Regular Meeting The Minutes of April 8, 2003 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING April 8, 2003 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 April 8, 2003. Notice of the meeting was given in the Grand Island Independent on April 2, 2003. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Larson, Nickerson, Seifert, Pauly, Hornady, Walker and Haase. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Public Works Director Steve Riehle, City Attorney Doug Walker and Finance Director David Springer. PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Randy Brehms, Seventh-Day Adventist Church, 636 Shady Bend Road. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Three individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: “It’s About Kids!” Presentation by Amanda Simpson. Youth Leadership Tomorrow, “It’s About Kids!” asset was presented by Amanda Simpson. Proclamation “April is for the Arts” Month 2003. Mayor Vavricek along with the Moonshell Arts & Humanities Council proclaimed the month of April 2003 as “April is for the Arts” month and encouraged citizens to recognize those that teach, support, participate or simply appreciate the Arts and Humanities in Grand Island. Proclamation “National Library Week” April 6-12, 2003. Mayor Vavricek proclaimed the week of April 6-12, 2003 as “National Library Week” and encouraged citizens to enjoy the activities planned for this week at the library. Library Director Steve Fosselman was present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request of NECO PCS, Inc. dba Nebraska Wireless Telephone Company for Conditional Use Permit. Craig Lewis, Building Department Director, reported that Tom Schultz representing NECO PCS, Inc. dba Nebraska Wireless Telephone Company, 1512 South Locust Street, had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for construction of a 330' telecommunications transmission tower to be located at 4940 Gold Page 2, City Council Regular Meeting, April 8, 2003 Core Drive. Tom Schultz representing Nebraska Wireless Telephone Company spoke in support. No further public testimony was heard. Public Hearing on Request of the City of Grand Island for a Conditional Use Permit for a 65’ Wooden Pole Located at 1707 West Oklahoma Avenue. Craig Lewis, Building Department Director, reported that the City of Grand Island - Parks and Recreation Department had submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for construction of a 65' wooden pole at 1707 West Oklahoma Avenue for placement of an antenna to allow wireless access to City Hall. David Plautz representing Diamond Engineering spoke in osspotition. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 3230 West Wildwood Drive (Father Flanagan’s Boys Home). Gary Mader, Utilities Director, reported that acquisition of a utility easement located at 3230 West Wildwood Drive, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used to continue to power the "Welcome to Grand Island" sign; to avoid any conflict with any Wildwood Drive expansion and continue the underground system in Platte Valley Industrial Park. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 2nd and Harrison Streets (Carpenter-Redman Real Estate). Gary Mader, Utilities Director, reported that acquisition of utility easement located at 2nd and Harrison Streets, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used to locate a pad-mounted transformer to serve electricity to the new building. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 3005 Frontage Road (Gary R. Jacobson). Gary Mader, Utilities Director, reported that acquisition of utility easement located at 3005 Frontage Road, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used for a pad-mounted transformer and under ground cable to provide electricity to this site. No public testimony was heard. Public Hearing on Acquisition of Right of Way Located on South Locust Street Between Stolley Park Road and Fonner Park Road. Steve Riehle, Public Works Director, reported that Business Improvement District 4 had been formed to make improvements along South Locust Street between Stolley Park Road and Fonner Park Road. The current roadway in this area had sidewalks immediately behind the curb. The additional Right of Way would provide room to add a 5’ landscaped terrace next to the roadway and a 5’ sidewalk behind the terrace. The property owners would be contacted regarding the terms of the Right of Way acquisitions. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easements Located on South Locust Street Between Stolley Park Road and Fonner Park Road. Steve Riehle, Public Works Director, reported that Business Improvement District 4 had been formed to make improvements along South Locust Street between Stolley Park Road and Fonner Park Road. The 2’ Public Utility Easements would provide access for the installation and maintenance of the ornamental roadway Page 3, City Council Regular Meeting, April 8, 2003 and pedestrian lighting. The property owners would be contacted regarding the terms of the easements. No public testimony was heard. Public Hearing on Acquisition of Landscape Easements Located on South Locust Street Between Stolley Park Road and Fonner Park Road. Steve Riehle, Public Works Director, reported that Business Improvement District 4 had been formed to make improvements along South Locust Street between Stolley Park Road and Fonner Park Road. The Landscape Easements would allow the City to install landscaping and sprinklers along the length of the project and the Business Improvement District to maintain them. No public testimony was heard. Public Hearing on Acquisition of Ingress/Egress Easements on South Locust Street Between Stolley Park Road and Fonner Park Road. Steve Rehle, Public Works Director, reported that Business Improvement District 4 had been formed to make improvements along South Locust Street between Stolley Park Road and Fonner Park Road. The Ingress/Egress Easements would allow the use of shared drives for selected property owners along the project. No public testimony was heard. ORDINANCES: #8798 – Consideration of Annexation of Property Being Platted at Nuemann Subdivision, Located South of 13th Street and West of North Road (Second Reading). Chad Nabity, Regional Planning Director, reported that annexation of property being platted as Neumann Subdivision an addition to the City of Grand Island, which property was located South of 13th Street, and West of North Road, in the N 1/2 NE 1/4 Section 14, Township 11, Range 10. First reading was approved at the March 18, 2003 City Council meeting. Motion was made by Pielstick, second by Seifert to approve Ordinance #8798 on second reading only. Unanimously approved. Motion adopted. #8799 – Consideration of Annexation of Property Being Platted as Timberline Subdivision, Located North of Highway 2 and West of Webb Road (First Reading). Chad Nabity, Regional Planning Director, reported that annexation of property being platted as Timberline Subdivision an addition to the City of Grand Island, which property was located North of Highway 11 and West of Webb Road, in the SE1/4NE1/4 Section 1, Township 11, Range 10. It was noted that this issue had been discussed by the City Council at their March 25, 2003 City Council Study Session. Discussion was had concerning the City’s policy to provide sanitary sewer and water to areas annexed into the City. Cost was discussed to be approximately $1.3 million for providing services to this subdivision. Bruce Schreiner, 3535 Grassridge Drive and Bill Mowinkel, Northwest High School Superintendent spoke in support. Motion was made by Seifert, second by Walker to approve Ordinance #8799 on first reading only. Upon roll call vote, Councilmembers Larson, Nickerson, Seifert, Pauly, Hornady, Walker and Haase voted yes. Councilmembers Meyer, Whitesides and Pielstick voted no. Motion adopted. Page 4, City Council Regular Meeting, April 8, 2003 Councilmember Pielstick moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered #8801 – Consideration of Vacating Easement Located at 1466 Gunbarrel Road #8802 – Consideration of Creating Street Improvement District 1245, James Road in Pedcor Subdivision #8803 – Consideration of Conveyance of Property Located at Platte Valley Industrial Park – NECO PCS #8804 – Consideration of Amendment to Chapter 10 of the Grand Island City Code Relative to Mausoleums be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on their first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there any one in the audience interested in these ordinances? No public testimony was heard. City Clerk: Ordinances #8801, #8802, #8803 and #8804 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted any. Motion adopted. City Clerk: Ordinances #8801, #8802, #8803 and #8804 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll cal votes on first reading and then upon final passage, Ordinances #8801, #8802, #8803 and #8804 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Items G-6, G-7 and G-8 were pulled from the Consent Agenda. Motion by Hornady, second by Seifert, carried unanimously to approve the Consent Agenda excluding items G-6, G-7 and G-8. Approving Minutes of March 18, 2003 City Council Regular Meeting. Approving Minutes of March 25, 2003 City Council Special Meeting. Approving Minutes of March 25, 2003 City Council Study Session. Approving Minutes of April 1, 2003 City Council Study Session. Councilmembers Larson and Seifert abstained. Page 5, City Council Regular Meeting, April 8, 2003 Approving Requet of Michelle Corrigan, 223 West 8th Street, for Liquor Manager Designation for Pump & Pantry #2, 3200 Old Highway 30. #2003-88 – Approving Acquisition of Utility Easement Located at 3230 West Wildwood Drive. (Father Flanagan’s Boys Home) #2003-89 – Approving Acquisition of Utility Easement Located at 2nd & Harrison Streets. (Carpenter-Redman Real Estate) #2003-90 – Approving Acquisition of Utility Easement Located at 3005 Frontage Road. (Gary R. Jacobson) #2003-91 – Approving Agreement for Warranty Deed with NECO PCS dba Nebraska Wireless Telephone Co. Located in Lot 10, Platte Valley Industrial Park, Lot 10. #2003-92 – Approving Acquisition of Right of Way Located on South Locust Street Between Stolley Park Road and Fonner Park Road. #2003-93 – Approving Acquisition of Public Utility Easements Located on South Locust Street Between Stolley Park Road and Fonner Park Road. #2003-94 – Approving Acquisition of Landscape Easements Located on South Locust Street Between Stolley Park Road and Fonner Park Road. #2003-95 – Approving Acquisition of Ingress/Egress Easements on South Locust Street Between Stolley Park Road and Fonner Park Road. #2003-96 – Approving Amendment to Agreement with Olsson Associates of Grand Island, Nebraska for South Locust Street Right of Way Negotiations. #2003-97 – Approving Modifications to Fee Schedule. #2003-98 – Approving Contract Agreement with the American Red Cross of Grand Island, Nebraska. #2003-99 – Approving Bid Award for Platte River Wellfield Contract 2003-WF-1 with Hooker Brothers Construction Co. of Grand Island, Nebraska in the Amount of $24,900.00. #2003-100 – Approving Bid Award for Concrete Ready Mix for 2003 with Brodsky’s Redy-Mix of Grand Island, Nebraska in an Amount of $54.75 Per Cubic Yard. #2003-101 – Approving Bid Award for Asphalt Hot-Mix for 2003 with J.I.L. Asphalt Paving of Grand Island, Nebraska in an amount of $17.75 Per Ton for Type “B” and $20.75 Per Ton for Type “C”. Page 6, City Council Regular Meeting, April 8, 2003 #2003-102 – Approving Bid Award for Concrete Pavement and Storm Sewer Repair with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $380,032.75. #2003-103 – Approving Bid Award for Asphalt Maintenance Project 2003-AC-1 with Gary Smith Construction of Grand Island, Nebraska in an Amount of $468,213.35. #2003-104 – Approving Bid Award for Sanitary Sewer District #508, Desch 1st and 2nd Subdivisions Located Northwest of the Intersection of US Highway 281 and Husker Highway with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $23,625.10. #2003-105 – Approving Bid Award for 2003-PL-1 Parking Lot at the City Impound Yard with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $26,475.85. #2003-106 – Approving Purchase of 2003 Chevrolet CC4500 Crew Cab Dual Wheel Truck for Wastewater Treatment Division on State Contract No. CA4877A with Husker Auto Group of Lincoln, Nebraska in an Amount of $35,197.77. #2003-107 – Approving Bid Award for PVC Conduit, Couplings, Adapters and Rigid Elbows for the Utilities Department Underground Division with General Electric Supply of Omaha, Nebraska in an Amount of $51,760.01 Excluding Sales Tax. #2003-108 – Approving Engineering Services for Platte Generating Station Cooling Tower Fan Variable Frequency Drives with Black & Veatch of Kansas City, Missouri in an Amount Not to Exceed $62,000.00. Approving Request of NECO PCS, Inc. dba Nebraska Wireless Telephone Company for a Conditional Use Permit for a 330’ Tower Located at 4940 Gold Core Drive. Councilmember Haase questioned if this tower would be able to be used to co-locate other antennas. Tom Schultz replied that in this case it would be best not to co-locate. Councilmember Pielstick questioned the tower at Stuhr Museum. That tower was also owned by Nebraska Wireless Telephone Company and would stay at that location. Larry Aisenbrey, Vice President of Operations for Nebraska Wireless Telephone Company, 1224 West Platte Avenue, Fort Morgan, Colorado, spoke in support. Motion was made by Seifert, second by Larson to approve the request of NECO PCS, Inc. dba Nebraska Wireless Telephone Company for a Conditional Use Permit. Unanimously approved. Motion adopted. Approving Request of the City of Grand Island for a Conditional Use Permit fo r a 65’ Wooden Pole Located at 1707 West Oklahoma Avenue. Discussion was held regarding co-locating the proposed antenna on the Diamond Engineering tower next to the greenhouse at 1707 West Oklahoma Avenue. Also discussed was a line site survey and zoning code regulations. Carl Hurd, IT Manager for the City of Grand Island explained that there would be additional cost to co-locate and it was not feasible. Page 7, City Council Regular Meeting, April 8, 2003 Motion was made by Larson, second by Hornady to approve the request of the City of Grand Island for a Conditional Use Permit at 1707 West Oklahoma Avenue. Unanimously approved. Motion adopted. #2003-72 – Approving Final Plate and Subdivision Agreement for Timberline Subdivision. It was noted that Rick Johnson & K.C. Hehnke, owners, had submitted the final plat for Timberline Subdivision, located north of Highway 11 and west of Webb Road for the propose of developing 11 lots on a currently unplatted parcel of land in the SE1/4NE1/4 of Section 1, Township 11, Range 10. Discussion was had concerning the State DEQ requirements. Chad Nabity, Regional Planning Director stated that this subdivision could be approved by Council, even if the state does not approve for DEQ reasons. Motion was made by Seifert, second by Whitesides to approve Resolution #2003-72. Una nimously approved. Motion adopted. REQUEST AND REFERRALS: Request of Ray & Dianne Stahla to Modify Manufactured Home Park Plan for Stahla Mobile Home Park Located in the 2200 Block of South Engleman Road. Craig Lewis, Building Department Director, reported that Ray and Dianne Stahla had submitted a request to modify the manufacture home plan for Stahla Mobile Home Park. This request was to allow for the placement of a Recreational Vehicle on the current Mobile Home space identified as space #50. Motion was made by Seifert, second by Pauly to approve the request of Ray & Dianne Stahla. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Seifert, second by Hornady, carried unanimously to approve the Claims for the period of March 19, 2003 through April 8, 2003, for a total amount of $2,936,953.00. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G4 Approving Minutes of April 15, 2003 City Council Study Session The Minutes of April 15, 2003 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION April 15, 2003 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 April 15, 2003. Notice of the meeting was given in the Grand Island Independent on April 9, 2003. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Larson, Nickerson, Seifert, Pauly, Hornady, Walker and Haase. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Public Works Director Steve Riehle, City Attorney Doug Walker and Finance Director David Springer. RESERVES TIME TO SPEAK ON AGENDA ITEMS: No individuals reserved time to speak on agenda items. Discussion on Litter, Mandatory Garbage Service and Nuisance Garbage. Steve Riehle, Public Works Director, Betty Curtis representing Clean Community Systems, Area Sanitation Companies, Grand Island Solid Waste Division, Central District Health Department, and Grand Island Code Compliance, had met to discuss the issues of litter, mandatory garbage service and nuisance garbage. A power point presentation was presented for the council. Betty Curtis representing Clean Community System briefed the Council on what is being done concerning litter. Mentioned were: Adopt a Road Program, Neighborhood Clean Ups, Volunteer Group Pick Ups, Schools, Individuals and Trash Bash. New ideas included: RCC (Residential Cleanup Card), Continued education, Bagging of all garbage, Bag loose trash at construction sites, Lids connected to trash containers, Dumpster lids being closed, and Greater enfo rcement of existing litter ordinances. Kevin McKennon, Solid Waste Superintendent with the Solid Waste Division of the Public Works Department presented the following collection solution: Curb side collection only, no alley collections. Discussion was had concerning curb side collection only. Current form of disposal in the City was by a licensed hauler or individual disposal. Jeremy Collinson representing the Central District Health Department presented nuisance garbage complaints. Stated were 244 litter/refuse issues for Fiscal Year 2001-2002, with 546 follow ups and a total of 790 visits to problem sites. Of those, 10 were sent back for legal action. Options for nuisance garbage mentioned were receipt required showing disposal and problem properties where two or more violations occur, require 12 month prepaid garbage disposal and/or $500.00 fine per subsequent violation. The committee recommended the following changes to the City ordinances: Page 2, City Council Study Session, April 15, 2003 · Bagging of all garbage · Bag loose trash at construction sites · Lids connected to trash containers · Dumpster lids being closed · Required form of disposal · Greater enforcement of existing litter ordinances · Eliminate the ability to dispose at residence · Increased fines · Environmental Court Presentation on Parliamentarian Procedures. A presentation on Parliamentarian Procedures was given by the Wood River High School Future Business Leaders of America (FBLA) Parliamentarian Team along with their teacher, Sandy Olson. The students did a mock meeting to show how the correct use of Roberts Rules and Orders keeps the meeting focused and flowing. Parliamentarian Procedures have been use in organizations community-wide and could be intimidating to people. Discussed was learning how to use the rules and why, to allow people to be stronger members (those who speak up) when in meetings where Parliamentarian Rules guide the process. Discussion Concerning Proposed Park Development at Shoemaker School Site. Steve Paustian, Parks and Recreation Director, reported that the Parks and Recreation Department in conjunction with the Grand Island School System and Shoemaker School was proposing the development of a neighborhood park on 5 acres of property currently owned by the Grand Island School District. The proposed plan would allow for open play space, playground equipment and access to the Shoemaker Hike/Bike Trail. Staff and the Parks and Recreation Director met with the Shoemaker School Principal, several interested parents and students of Shoemaker School to devise the plan of the proposed park. The Parks and Recreation Director presented a detailed plan. Discussed was green space at the time of new developments. Discussion Relative to Use of Credit Card for Purchasing Purposes. David Springer, Finance Director, reported that the City currently had a limited number of credit cards that were used for purchases at firms that do not have an account with the City of Grand Island or do not take purchase orders. Credit card use was also authorized for travel arrangements, including hotel reservations, airline tickets, and conference fees. Currently, the credit cards were maintained in the Finance Department and may be signed out by other departments as needed. This centralized location had proven to be both cumbersome and inefficient. The City's Procurement Committee had been reviewing this policy for improvements. The City of Kearney had an existing policy for credit card use that had been reviewed by the State Auditor's Office, and had been used as a pattern to revise our policy. The City's Procurement Committee recommended that the existing policy be modified to allow for departmental credit Page 3, City Council Study Session, April 15, 2003 cards. A set number of cards would be issued to each department; accountability for use of the credit cards would be the responsibility of the Department Director. A monthly credit card limit of $10,000 had been recommended. This policy would facilitate travel arrangements, purchases of items not readily available locally, reduce paperwork and processing, and also allow for more price comparisons, through interne t means. ADJOURNMENT: The meeting was adjourned at 9:35 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G5 Approving Request of Omaha Paper Stock Company, Inc. for a Conditional Use Permit Located at 1215 East Highway 30 This item relates to the aforementioned Public Hearing. Omaha Paper Stock Company, Inc. has submitted a request for approval of a conditional use permit to allow for the continued operation of their paper salvage and recycling facility. This request has been reviewed by City Staff, and with the completion of the two noted exceptions within the time frame of October 31, 2003 approval is recommended. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G6 Approving Request of Oakleaf Auto Crushing for a Conditional Use Permit Located at 1911 Eldorado Street This item relates to the aforementioned Public Hearing. Craig Oakleaf representing Oakleaf Auto Crushing, has submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the continued operation of a salvage yard located at 1911 Eldorado Street. This request has been reviewed by City Staff and approval is recommended with the two conditions identified in the review being addressed in a timely manner Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G7 Approving Request of Kramer's Auto Parts & Iron Company, Inc. for a Conditional Use Permit Located at 3405 North US Highway 281 This item relates to the aforementioned Public Hearing. Kramer's Auto Parks & Iron Company, Inc. has submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the continued operation of a salvage yard located at 3405 North US Highway 281. This request has been reviewed by City Staff and approval is recommended with the imposed time restriction for the installation of the required fencing. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G8 Approving Request of Alter Scrap Processing for a Conditional Use Permit for a Salvage Yard Located at 1119 East 4th Street This item relates to the aforementioned Public Hearing. Alter Scrap Processing has submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the continued operation of a salvage yard located at 1119 East 4th Street. This request has been reviewed by City Staff and approval is recommended with the imposed time restrictions for the installation of required fencing and sidewalk. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G9 #2003-109 - Approving Acquisition of Utility Easement - 920 Diers Avenue This item relates to the aforementioned Public Hearing. 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 property of Shafer Properties LLC, located along the north property line of 920 Diers Avenue, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion: This easement will be used to locate underground cable and pad mounted transformer to serve a new building at 920 Diers Avenue. Recommendation: Approve the request to obtain the needed easement. Fiscal Effects: One dollar ($1.00) for the easement will be paid to the grantor. Alternatives: As suggested by City Council. See attached RESOLUTION. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-109 WHEREAS, a public utility easement is required by the City of Grand Island, from Shafer Properties, L.L.C., a Nebraska limited liability company, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on April 22, 2003, for the purpose of discussing the proposed acquisition of easements and rights-of-way through a part of Lot Three (3), Crane Valley Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, the twenty-five (25.0) foot wide utility easement and right-of-way being more particularly described as follows: The southerly Twenty-Five (25.0) feet of the northerly Thirty-Five (35.0) feet of Lot Three (3) Crane Valley Fourth Subdivision in the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing 0.15 acres, more or less, are shown on the plat dated April 9, 2003, 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 Shafer Properties, L.L.C., a Nebraska limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G10 #2003-110 - Approving Final Plat and Subdivision Agreement for Bockmann Subdivision Dale & Marilyn Bockmann, owners, have submitted the final plat for Bockmann Subdivision, located East of North Road, and North of Wood River Road, Hall County, within Grand Island 2 mile jurisdiction. This plat proposes to develop 1 lot on a currently unplatted parcel of land in the SE 1/4 13-10-10 this lot is being split from an 80 acre tract and the house will be served with a well and septic system. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of April 9, 2003, unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council April 10, 2003 Honorable Jay Vavricek, Mayor and Members of the Council City Hall Grand Island NE 68801 Dear Mayor and Members of the Council: RE: FINAL PLAT - Bockmann Subdivision, located East of North Road, and North of Wood River Road, Hall County, Nebraska, within Grand Island 2 mile jurisdiction. At the regular meeting of the Regional Planning Commission, held April 9, 2003 the above item was considered. This final plat proposes to create 1 lot on a currently unplatted parcel of land in the SE ¼ of Section 13, Township 10, Range 10. This property consists of 3.0 acres. A motion was made by Eriksen and seconded by Hooker to approve and recommend that the City Council approve the final plat and subdivision agreements of Bockmann Subdivision. The Planning Commission passed this motion with 10 members present voting in favor (Amick, Haskins, Hooker, Eriksen, Miller, Obst, Ruge, Hayes, Wagoner, O’Neill). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Utilities Director of Public Works Director of Building Inspections Manager of Postal Operations Olsson Associates Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-110 WHEREAS, Dale L. Bockmann and Marilyn Bockmann, husband and wife, as owners, have caused to be laid out into a lot, a tract of land located in the Southwest Quarter (SW1/4) of Section 13, Township 10 North, Range 10 West of the 6th P.M. , in Hall County, Nebraska, under the name of BOCKMANN SUBDIVISION, and have caused a plat thereof to be acknowledged by them; 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 owners 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 BOCKMANN 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, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G11 #2003-111 - Approving Final Plat & Subdivision Agreement for Pfeifenhof Schuett Subdivision Margaret Schuett, owner, has submitted the final plat for Pfeifenhof Schuett Subdivision, located West of Gunbarrel Road, and South of Airport Road, Hall County, within Grand Island 2 mile jurisdiction. This plat proposes to develop 1 lot on a currently unplatted parcel of land in the E 1/2 NE 1/4 1-11-9 this lot is being split from an 80 acre tract and the house will be served with a well and septic system. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of April 9, 2003, unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council April 10, 2003 Honorable Jay Vavricek, Mayor and Members of the Council City Hall Grand Island NE 68801 Dear Mayor and Members of the Council: RE: FINAL PLAT – Pfeifenhoff Schuett Subdivision, located West of Gunbarrel Road, and South of Airport Road, Hall County, Nebraska, within Grand Island 2 mile jurisdiction. At the regular meeting of the Regional Planning Commission, held April 9, 2003 the above item was considered. This final plat proposes to create 1 lot on unplatted parcel fo land in the E ½ of the NE ¼ Section 1, Township 11, Range 9. This property consists of 4.0 acres. A motion was made by Miller and seconded by Hooker to approve and recommend that the City Council approve the final plat and subdivision agreements of Pfeifenhoff Schuett Subdivision. The Planning Commission passed this motion with 10 members present voting in favor (Amick, Haskins, Hooker, Eriksen, Miller, Obst, Ruge, Hayes, Wagoner, O’Neill). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Utilities Director of Public Works Director of Building Inspections Manager of Postal Operations Benjamin & Associates Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-111 WHEREAS, Margaret L. Schuett, a widow, as owner, has caused to be laid out into a lot, a tract of land comprising the northerly Five Hundred Nineteen and Fifty Eight Hundredths (419.58) feet of the westerly Four Hundred Fifteen and Forty Two Hundredths (415.42) feet of the East Half of the Northeast Quarter (E1/2, NE1/4) of Section One (1), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, under the name of PFEIFENHOF SCHUETT SUBDIVISION, and has caused a plat thereof to be acknowledged by her; 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 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 PFEIFENHOF SCHUETT 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, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G12 #2003-112 - Approving Final Plat and Subdivision Agreement for North Pointe Subdivision Raymond O'Connor, owners, has submitted the final plat for North Pointe Subdivision, located along Diers Ave, and North of Curran Ave. This plat proposes to develop 14 lots as a Residential Development. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of April 9, 2003, unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council April 10, 2003 Honorable Jay Vavricek, Mayor and Members of the Council 100 E. 1st Street Grand Island NE 68801 Dear Mayor and Members of the Council: RE: An amendment to the Zoning Map for lots 23-26 and lots 32-37 Bosselman Second Subdivision, and Lot 1 Bosselman Third from RO Residential Office and B2 General Business to RD Residential Development, and Final plat of North Pointe Subdivision. At the regular meeting of the Regional Planning Commission, held April 9, 2003 the above item was considered following a public hearing. This application proposes to rezone lots 23-26 and lots 32-37 Bosselman Second Subdivision, and Lot 1 Bosselman Third from RO Residential Office and B2 General Business to RD Residential Development, and Final plat of North Pointe Subdivision. No one from the public spoke against this item. Bill Francis spoke in favor of this item. He was representing the developers, asked the Planning Commission for their support on this item. He said he feels it is a good development that will target retirement age people. Following further discussion a motion was made by Ruge 2nd by Hayes to approve and recommend that the City of Grand Island approve this amendment to the Grand Island Zoning Map. A motion was made by Wagoner 2nd by Hayes to approve the final plat and subdivision agreements of North Pointe Subdivision. The Planning Commission passed this motion with 10 members voting in favor (Amick, Haskins, O’Neill, Hooker, Eriksen, Miller, Obst, Ruge, Hayes, Wagoner). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Public Works Director of Utilities Director of Building Inspections Manager of Postal Operations Rockwell & Associates Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-112 WHEREAS, The Meadows Apartment Homes, L.L.C., a Nebraska limited liability company, as owner, has caused to be laid out into lots, a tract of land comprising all of Lots Twenty Three (23), Twenty Four (24), Twenty Five (25), Twenty Six (26), Thirty Two (32), Thirty Three (33), Thirty Four (34), Thirty Five (35), Thirty Six (36), and Thirty Seven (37), Bosselman Second Subdivision and all of Lot One (1), Bosselman Third Subdivision, in the City of Grand Island, Hall County, Nebraska, under the name of NORTH POINTE SUBDIVISION, 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 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 NORTH POINTE 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, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G13 #2003-113 - Approving Resolution of Intent to Create Business Improvement District #5, Downtown The Business Improvement District for the downtown (BID #2) is in its last year of a five year life. BID #2 expires on September 30, 2003. Annual assessments are paid by property owners in the district and area based on valuation (a % of total valuation of all property in the district). Efforts have begun to create/form a new BID for the downtown. BID #5 would be effective October 1, 2003 and would have a life of five-years. State statutes allow for the creation of business improvement districts and the expenditure of funds for improvement of public places or facilities within the district, including the acquisition, construction, maintenance, and operation of such improvements, creation and implementation of a plan for improving the general architectural design of public areas within the district, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. The first step in the creation process for the new downtown BID was to establish the boundaries for the district and designate a board to develop the goals, objectives and budget for the new district. The City Council has approved the boundaries for the district and the Regional Planning Commission has approved the creation of the district. The BID Board has completed the goals, objectives and budget for the five year district. The Board has developed a total, five-year budget of $401,066. This equates to a 0% increase from the existing budget of $80,213/year. The proposed activities and budget allocations are attached. Approval is recommended. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Cindy Johnson City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-113 WHEREAS, the Downtown Business Improvement Board has recommended that the City of Grand Island create a business improvement district with amended boundaries in the form hereinafter set forth; and WHEREAS, on April 9, 2003, the Regional Planning Commission recommended approval of the creation of such business improvement district; and WHEREAS, the City Council has determined that a public hearing should be held on the proposed business improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that 1. The proposed boundaries of Business Improvement District No. 5 are described as follows: Commencing at the Northeast corner of Lot 1, Block 54, Original Town of Grand Island, Hall County, Nebraska; thence southerly to the Northeast corner of Lot 1, Block 67, Original Town; thence easterly to the Northeast corner of Lot 1, Block 68, Original Town; thence southerly to the Southeast corner of said Lot 1, Block 68; thence westerly to a point on the southern boundary of Lot 3, Block 68, Original Town, which is 22 feet East of the Southwest corner of said Lot 3, Block 68; thence southerly to a point on Lot 6, Block 68, which is 22 feet East of the Southwest corner of said Lot 6, Block 68, Original Town; thence westerly to the Southeast corner of Lot 8, Block 67, Original Town; thence southerly to the Southeast corner of Lot 8, Block 78, Original Town; thence westerly to the Southwest corner of Lot 5, Block 79, Original Town; thence southerly to the Northwest corner of Block 9, County Subdivision to the City of Grand Island; thence easterly to the Northeast corner of said Block 9; thence southerly to the Southeast corner of said Block 9; thence westerly along the southern line of said Block 9 to the Northeast corner of Lot 1, Block 1, Hann's Addition; thence southerly along the eastern line of said Lot 1 a distance of 43.25 feet; thence westerly along a line 43.25 feet South of and parallel to the northern line of said Lot 1 to the point of intersection for said line and the western line of said Lot 1; thence southerly along the western line of Block 1, Hann's Addition, to a point on said line 50 feet North of the Southwest corner of Lot 4, Block 1, in said addition; thence easterly along a line 50 feet North of and parallel to the southern line of said Lot 4 for a distance of 67 feet; thence southerly a distance of 50 feet to the southern line of said Lot 4; thence westerly a distance of 67 feet to the Southwest corner of said Lot 4; thence northwesterly to the Southeast corner of Lot 8, Block 98, Railroad Addition to the City of Grand Island; thence westerly to the Southwest corner of Lot 7, Block 98, Railroad Addition; thence northerly to the Northwest corner of Lot 7, Block 98, Railroad Addition; thence easterly to the Northeast corner of Lot 8, Block 98, Railroad Addition; thence northerly on the eastern - 2 - lot line of Lot 1, Block 98, to a point 66 feet South of the Northeast corner of Lot 1, Block 98, Railroad Addition; thence westerly to a point on the western lot line of said Lot 1, Block 98, located a distance of 66 feet South of the Northwest corner of said Lot 1, Block 98; thence southerly to the Southwest corner of said Lot 1, Block 98; thence westerly to the Southwest corner of Lot 2, Block 98, Railroad Addition; thence northerly to the Northwest corner of said Lot 2, Block 98; thence westerly to the Northwest corner of Lot 4, Block 98, Railroad Addition; thence northerly to the Southwest corner of Lot 4, Block 88, Original Town, thence westerly to the Southeast corner of Lot 1, Block 87, Original Town; thence westerly to the Southwest corner of Lot 4, Block 87, Original Town; thence northerly to the Southwest corner of Lot 5, Block 82, Original Town; thence westerly to the Southwest corner of Lot 8, Block 83, Original Town; thence northerly to the Southwest corner of Lot 1, Block 83, Original Town; thence westerly to the Southwest corner of Lot 4, Block 83, Original Town; thence northerly to the Northwest corner of said Lot 4, Block 83; thence easterly on the North line of said Lot 4 to a point 16 feet westerly of the Northeast corner of said Lot 4, Block 83; thence northerly to a point on the North lot line of Lot 5, Block 62, Original Town, 16 feet westerly of the Northeast corner of said Lot 5, Block 62; thence westerly to the Northeast corner of Lot 8, Block 61, Original Town; thence southerly to the Southeast corner of said Lot 8, Block 61; thence westerly to the Southwest corner of Lot 5, Block 61, Original Town; thence southerly to the Northwest corner of Lot 4, Block 85, Original Town; thence easterly to the Northeast corner of Lot 3, Block 85, Original Town; thence southerly to the Southeast corner of said Lot 3, Block 85; thence westerly to the Southwest corner of Lot 2, Block 106, Railroad Addition to the City of Grand Island; thence northerly to the Northwest corner of said Lot 2, Block 106; thence northwesterly to the Southwest corner of Lot 5, Block 107, Railroad Addition; thence northerly on the West line of said Lot 5, Block 107, a distance of 88 feet; thence easterly in a line parallel with the South line of said Lot 5 a distance of 66 feet to a point in the East line of said Lot 5; thence southerly to the Southeast corner of said Lot 5, Block 107; thence easterly along the South line of said Block 107 to a point 29.54 feet westerly of the Southeast corner of Lot 7, Block 107, Railroad Addition; thence northerly parallel to the East line of said Lot 7 a distance of 71.5 feet to a point; thence easterly parallel to the South line of said Lot 7, Block 107 a distance of 7.54 feet to a point; thence northerly parallel to the East line of said Lot 7, Block 107 to a point in the North line of said Lot 7 being 22 feet westerly of the Northeast corner of said Lot 7, Block 107; thence westerly to the Southwest corner of Lot 4, Block 107, Railroad Addition; thence northerly to a point in the West line of Lot 5, Block 108, Railroad Addition, located 88 feet northerly from the Southwest corner of said Lot 5, Block 108; thence easterly in a line parallel with the South line of said Lot 5, Block 108, a distance of 66 feet to a point in the East line of said Lot 5, Block 108; thence northerly to the Northeast corner of said Lot 5, Block 108; thence easterly along the North lot line of Lot 6, Block 108, Railroad Addition, to the Northeast corner of said Lot 6, Block 108; thence northerly to the Northwest corner of Lot 2, Block 108, Railroad Addition; thence westerly along the North line of said Block 108 a distance of 37 feet to a point; thence southerly to a point on the South lot line of Lot 3, Block 108, Railroad Addition, located a distance of 37 feet westerly of the Southeast corner of said Lot 3, Block 108; thence westerly to the Southwest corner of Lot 4, Block 108, Railroad - 3 - Addition; thence southerly to the Northwest corner of Lot 5, Block 108, Railroad Addition; thence westerly to the Northeast corner of Lot 8, Block 114, Railroad Addition; thence southerly to the Southeast corner of said Lot 8, Block 114; thence westerly to the Southwest corner of Lot 7, Block 114, Railroad Addition; thence northerly to a point on the West line of said Lot 7, Block 114, located 88 feet northerly from the Southwest corner of said Lot 7, Block 114; thence easterly on a line parallel with the South line of said Lot 7, Block 114, a distance of 66 feet to a point on the East line of said Lot 7, Block 114; thence northerly to the Southwest corner of Lot 1, Block 114, Railroad Addition; thence easterly to the Southeast corner of said Lot 1, Block 114; thence northerly to the Southeast corner of Lot 8, Block 113, Railroad Addition; thence westerly to the Southwest corner of Lot 5, Block 113, Railroad Addition; thence northerly to the Northwest corner of Lot 4, Block 113, Railroad Addition; thence easterly to the Northeast corner of Lot 1, Block 109, Railroad Addition; thence southerly to the Southeast corner of Lot 8, Block 109, Railroad Addition; thence easterly to the Southwest corner of Lot 6, Block 60, Original Town of Grand Island; thence northerly to the Southeast corner of Lot 4, Block 60, Original Town; thence westerly to the Southwest corner of said Lot 4, Block 60; thence northerly to the Northwest corner of said Lot 4, Block 60; thence easterly to the Northeast corner of Lot 1, Block 54, Original Town, being the point of beginning. 2. The proposed district shall be considered in public hearing before the City Council on May 20, 2003, at 7:00 p.m. in the Council Chambers at City Hall in Grand Island, Nebraska. 3. The proposed public facilities and improvements to be made and maintained within the proposed district shall include: (A) (i) Improvement of any public place or facility in the district area, including landscaping, physical improvements for decoration or security purposes, and plantings, including but not limited to, plans, creation, development, equipment, supplies, materials, services, management, staff, maintenance, improvement and associated activities of streetscape and alleyway improvement (ii) Construction or installation of sidewalks, parks, meeting and display facilities, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, and any useful or necessary public improvements, including, but not limited to plans, creation, development, equipment, supplies, materials, services, management, staff, maintenance, improvement, and associated activities of streetside and other public area projects; (iii) Maintenance, repair, and reconstruction of any improvement's or facilities authorized by the Business Improvement District Act (B) (i) Creation and implementation of a plan for improving the general architectural design - 4 - of public areas in the district; (ii) The development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, in the district area, including, but not limited to, plans, creation, development, equipment, supplies, materials, services, management, staff, maintenance and improvement of communication and image building events and activities, such as holiday events, community events, media activities, newsletters, seasonal and special events and parades and other activities for the benefit of the district (C) (i) Employing or contracting for personnel for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act, including, but not limited to, activities, projects, staff, consulting services, materials, equipment, supplies, and services necessary or convenient for the management of the affairs of the business improvement district, to include budget development and supervision, representation of the interests of the district to public and private entities, research, development, travel, training, development and implementation of business and residential recruitment and retention projects, projects and activities which contribute to regaining, sustaining or improving the economic health and viability of the district and the implementation of the goals and objectives of the Business Improvement Board. (ii) Any other project or undertaking for the betterment of the public facilities in the district area, whether the project be capital or noncapital in nature. 4. The estimated five-year costs for Business Improvement District No. 5 improvements and facilities as stated in paragraph 3 above are: (A) $100,266 (B) $180,480 (C) $120,320 The proposed method by which the revenue shall be raised is by special assessment. 5. The proposed special assessment method by which the revenue shall be raised shall be fair and equitable and shall be based upon the special benefit to the property within the district. 6. A copy of this resolution of intention shall be published one time in the Grand Island Independent, and a copy shall be mailed to each owner of taxable property as shown by the latest tax rolls of the Hall County Treasurer. - 5 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G14 #2003-114 - Approving Agreement with Nebraska Children and Families Foundation Relative to CYC Funding For the last five years, the City has received a Family Preservation and Support grant to address issues identified by the community at two town hall meetings in 1995 and addressed by the Community Youth Council (CYC). The goals of the Grand Island Family Preservation program are to reduce racism, strengthen families and reduce gang activity, and reduce drug and alcohol use. In December, City staff submitted a proposed plan for calendar year 2002 and an application for funding to carry out these plans. Included in the request was the community wide youth initiative (It’s About Kids!), youth leadership program, Career Fair, Community Connections (Neighborhood Associations) and minority outreach. The City has received the agreement with the State for continuation funding for programming under the Family Preservation and Support Program. The agreement is for the time period of January 1, 2003 through December 31, 2003 and is in the amount of $25,000, less nonexpended resources of $5,149 for a net grant amount of $19,851. The CYC supports entering into an agreement with the State for receipt of the funding for the above mentioned programs Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Cindy Johnson City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-114 WHEREAS, the Nebraska Children and Families Foundation has recommended that the City of Grand Island be provided federal funds awarded to the State of Nebraska Department of Health and Human Services for implementation of family preservation and support services; and WHEREAS, a Letter of Agreement between the Nebraska Children and Families Foundation, the State of Nebraska Department of Health and Human Services, and the City of Grand Island is required to set out the responsibilities of each party with respect to the use of funding for the implementation of such program; and WHEREAS, the City Attorney’s office has reviewed and approved such agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Letter of Agreement between the Nebraska Children and Families Foundation, the State of Nebraska Department of Health and Human Services, and the City of Grand Island for the use of grant funds in the amount of $25,000, less nonexpended resources of $5,149 for a net grant amount of $19,851 to finance programs of family preservation and support services as outlined in the agreement is hereby approved. 2. 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, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G15 #2003-115 - Approving Request of E.A.S.T. Neighborhood Association for Matching Funds With the adoption of the 2002-2003 Annual Budget, funding for the Community Connections Neighborhood Association Program was included in the Family Preservation and Support Grant budget. The funding provides matching grants to support neighborhood programs. In March, the Community Youth Council received, and approved, an application from the E.A.S.T. Neighborhood Association for matching grant monies. This association is requesting $2,550 to assist with the ongoing beautification efforts at Lincoln Park, specifically planting of additional trees. The E.A.S.T. Neighborhood Association has successfully coordinated two previous grant awards and is eligible for $3,000. The Association has been working with the Parks and Recreation Department on placement and type of trees. Council approval of the request for matching grant funds for the E.A.S.T. Neighborhood Association in the amount if $2,550. The 2002-2003 Annual Budget contains funding for this program in the 22910001.85213 account. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Cindy Johnson City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-115 WHEREAS, on October 12, 1998, by Resolution 98-258, the City of Grand Island adopted the Community Connections Neighborhood Association Program; and WHEREAS, funds are available through the Family Preservation and Support Grant to provide 50/50 basis assistance for neighborhood improvement projects; and WHEREAS, the E.A.S.T. Neighborhood Association submitted an application for $2,550 to assist with funding of ongoing beautification efforts at Lincoln Park, specifically planting of additional trees; and WHEREAS, it is recommended that such application be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that $2,550.00 be provided to the E.A.S.T. Neighborhood Association through Family Preservation and Support Grant funds to assist in funding the ongoing beautification efforts at Lincoln Park, specifically the planting of additional trees. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G16 #2003-116 - Approving Agricultural Deferral of Assessments for Sanitary Sewer District 499, Street Improvement District 1239, and Water Main District 437 for Property Owner City Council action is required to approve deferral of special assessments. The City Council created Sanitary Sewer District 499, Street Improvement District 1239 and Water Main District 437 on March 27, 2001. Judith and Robert Poland are property owners within the Districts. The owners have requested that an agricultural use deferral be granted to them for assessments from the Sanitary Sewer, Street Improvement and Water Main Districts. The real estate is located within an agricultural use zone and is used exclusively for agricultural purposes. It is recommended that Council approve the request for deferral of special assessments. During the time of the deferral, no principal payments would come due, and no interest would accrue on the assessment. Assessment payments would begin when the property is developed or no longer eligible for an agricultural use deferral. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-116 WHEREAS, on March 27, 2001, by Ordinance No. 8667, the City of Grand Island created Sanitary Sewer District No. 499; and WHEREAS, on March 27, 2001, by Ordinance No. 8666, the City of Grand Island created Street Improvement District No. 1239; and WHEREAS, on March 27, 2001, by Ordinance No. 8663, the City of Grand Island created Water Main District No. 437; and WHEREAS, such districts include land adjacent to the City, some of which was and continues to be, within an agricultural use zone and is used exclusively for agricultural use; and WHEREAS, Judith K. Poland and Robert K. Poland, wife and husband, own property within Sanitary Sewer District No. 499, Water Main District No. 437, and Street Improvement District No. 1239 and have requested agricultural deferral of special assessments for such districts due to the land being used exclusively for agricultural purposes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The special assessments to be levied under Sanitary Sewer District No. 499, Street Improvement District No. 1239, and Water Main District No. 437 upon Lot One (1), Platte Valley Industrial Park Third Subdivision in the City of Grand Island, Hall County, Nebraska, shall be deferred until terminated in accordance with Neb. Rev. Stat. §19-2430. 2. That during said deferral, no principal payments shall become due and no interest shall accrue upon the assessments. 3. That the special assessments shall be divisible upon a pro rata basis of the original assessment in the event a portion of the land shall no longer be eligible for deferral. 4. That upon termination of deferral, the principal amount of the special assessments shall be amortized over a term of ten years from that date. The first such installment shall become delinquent in fifty days after termination of deferral. Each installment except the first shall draw interest at seven percent (7%) per annum from and after the date of termination of deferral until the same shall become delinquent. Delinquent installments shall draw interest at fourteen percent (14%) per annum. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. Approved as to Form ? _______________ April 17, 2003 > City Attorney - 2 - _______________________________________ RaNae Edwards, City Clerk Item G17 #2003-117 - Approving Bid Award for Sanitary Sewer District 507, Cannon Road Sanitary Sewer District 507 was created by the City Council on July 9, 2002. The Public Works Department advertised for bids for Sanitary Sewer District No. 507 on March 24, 2003. Four bids were opened on April 10, 2003. The Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed all bids received. All of the bids received met specifications. Three bids received were less than the engineer’s estimate of $216,249.75. A summary of the bids received is attached. It is recommended that Council award the bid to The Diamond Engineering Company of Grand Island, Nebraska as the low bidder in the amount of $121,389.95. There are sufficient funds in Account No. 53030055- 85213. The costs for this project will be assessed to the benefiting properties. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: April 10, 2003 at 11:15 a.m. FOR: Sanitary Sewer District No. 507 DEPARTMENT: Public Works – Wastewater Treatment Plant ENGINEER’S ESTIMATE: $216,249.75 FUND/ACCOUNT: 53030055.85213 SUMMARY Bidder: Judds Brothers Starostka Group Unlimited, Inc. Lincoln, NE Grand Island, NE Bid Security: Travelers Casualty Merchants Bonding Exceptions: None None Bid Price: $166,325.00 $164,937.90 Bidder: General Excavating Diamond Engineering Lincoln, NE Grand Island, NE Bid Security: Universal Surety Travelers Casualty Exceptions: None None Bid Price: $259,821.00 $121,389.95 cc: Steve Riehle, Public Works Director Ben Thayer, Wastewater Treatment Plant Superintendent RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P820 Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-117 WHEREAS, the City of Grand Island invited sealed bids for Sanitary Sewer District No. 507, according to plans and specifications on file with the City Engineer; and WHEREAS, on April 10, 2003, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $121,389.95; and WHEREAS, The Diamond Engineering Company's bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $121,389.95 for Sanitary Sewer District No. 507 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G18 #2003-118 - Approving Bid Award for Padmounted Switchgear - Utilities Underground Division Background: In preparation for Utility Underground summer projects, such as Gold Core Road at the Platte Valley Industrial Park, the inventory of pad-mounted switchgear needs to be increased. With the dry weather, the 2003 construction season has already begun. Bid specifications for pad-mounted switches were mailed to four possible bidders. Discussion: The advertisement to bidders was published Thursday, March 13, 2003, and bids from four bidders were received and opened Tuesday, April 8, 2003 in accordance with City Procurement Code. A summary of the bids is tabulated below. #1)Bidder: Kriz Davis of Grand Island, NE - Mfgr.: S&C - Quantity 4 PME - 11 each: $11,939.85 - Quantity 6 PME - 9 each: $11,442.00 - Total Cost: $116,411.40. #2)Bidder: Resco of Ankeny, IA - Mfgr.: Fed Pac - Quantity 4 PME - 11 each: $8,871.00 - Quantity 6 PME - 9 each: $7,523.00 (Did not meet specifications). #3) Wesco of Grand Island, NE - Mfgr.: S&C - Quantity 4 PME - 11 each: $11,824.10 - Quantity 6 PME - 9 each: $11,335.85 - Total Cost: $115,311.50. #4) Dutton Lainson of Hastings had no quote. Recommendation: It is the recommendation of the Utilities Department that Council approve the purchase of pad-mounted switchgear from the lowest compliant bidder, Wesco, of Grand Island, in the amount of $115,311.50, plus tax. Fiscal Effects: Expenditure of $115,311.50 plus tax from Electric Fund 520. There are sufficient funds available for this purchase. Alternatives: Award to one of the higher bidders. See attached RESOLUTION. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Gary Mader; Dale Shotkoski City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: April 8, 2003 at 11:15 a.m. FOR: Padmounted Switch Gear DEPARTMENT: Utilities - Warehouse ENGINEER’S ESTIMATE: $187,250.00 FUND/ACCOUNT: PUBLICATION DATE: March 13, 2003 SUMMARY Bidder Kriz-Davis Grand Island, NE Resco Ankeny, IA Wesco Grand Island, NE Dutton-Lainson Hastings, NE Security St. Paul Guardian Ins. Ohio Casualty Ins. Continental Insurance Western Surety Company Exceptions Noted Noted None Noted 1. S&C Padmounted Switch Gear;PME-11 $11,934.85 $8,871.00 $11,824.10 no quote 2. S&C Padmounted Switch Gear;PME-9 $11,442.00 $7,523.00 $11,335.85 no quote 3. Nordic Box Pads for PME-9’s no quote $605.00 $618.00/ea. $562.00 ea. 4. Nordic Box Pads for PME-11’s no quote $605.00 $618.00/ea. $576.00 ea. 5. Nordic 3 phase sectionalizing cabinets no quote $627.00 $627.00/ea. $592.00 ea. 6. Elastimold 4 point junction $99.24 $98.00 $112.00/ea. $97.90 ea. 7. Ray Chem roll on jacket seal (#118514) $14.10 ea. $13.78 ea. $13.95 ea. no quote 8. Ray Chem roll on jacket seal (#118515) $16.60 $16.24 $16.42 ea. no quote 9. Ray Chem Braid $13.95 $13.62 $13.78 ea. no quote 10. Wire, #1/0 19 Str Bare SD CU $333.89/m .326/ft. $336.85/m $323.50/m 11. Wire, #4/0 19 Str SD Bare CU $656.58/m .66/ft. $661.90/m $637.00/m 12. Quazite boxes $47.16 $51.00 $49.50 ea. $44.50 ea. 13. Quazite cover w/SS hex bolts $30.39 ea. $33.00 ea. $32.00 ea. $28.65 ea. cc: Gary Mader, Utilities Director Gene Pesek, Utilities Warehouse RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P818 Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-118 WHEREAS, the City of Grand Island invited sealed bids for Padmounted Switch, according to plans and specifications on file with the Utilities Department; and WHEREAS, on April 8, 2003, bids were received, opened and reviewed; and WHEREAS, Wesco of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $115,311.50 plus tax; and WHEREAS, Wesco's bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wesco of Grand Island, Nebraska, in the amount of $115,311.50 plus tax for padmounted switch is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G19 #2003-119 - Approving Bid Award for Mini-Derrick with Tandem Axle Trailer Background: The Utilities Department, Line and Underground Divisions frequently have need to set poles and transformers in very congested areas where conventional line construction equipment simply can't get into. Specialty equipment, generically referred to as a mini-derrick, is manufactured to allow line work to be done safely and efficiently in these areas. A mini- derrick was included in this year's budget. Bids for the unit were publicly advertised on Thursday, March 13, 2003. Bidding documents were also mailed to three potential bidders. On Tuesday, April 8, 2003 one bid was received. A second bid was received after the bid deadline. It was rejected and returned unopened to the bidder, per City Purchasing Policy. Discussion: The bid received was from SDP Manufacturing, Inc. of Albany, Indiana. The engineer's estimate for the complete unit was $75,000. The actual bid price was $73,268.00. No exceptions were taken to the bid documents and the unit is evaluated as meeting the Department's specifications. Recommendation: It is the recommendation of the Utilities Department that Council authorize the purchase of a mini-derrick with tandem axle trailer from SDP Manufacturing, Inc. of Albany, Indiana, in the amount of $73,368.00. Fiscal Effects: Expenditure of $73,368.00 plus tax from Electric Fund 520. This item was included in the '02-'03 Electric Budget. There are sufficient funds available. Alternatives: As directed by Council. See attached RESOLUTION. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader Dale Shotkoski City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: April 8, 2003 – 11:30 a.m. FOR: Mini Derrick with Tandem Axle Trailer DEPARTMENT: Utilities Department ENGINEER’S ESTIMATE: $75,000.00 FUND/ACCOUNT: 520 - Enterprise PUBLICATION DATE: NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: S.D.P. Manufacturing, Inc. Albany, Indiana Bid Security: cashier’s check Exceptions: none Bid Price: $73,368.00 cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P817 Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-119 WHEREAS, the City of Grand Island invited sealed bids for Mini Derrick with Tandem Axle Trailer for the Underground Division of the Utilities Department, according to plans and specifications on file with Utilities Administration; and WHEREAS, on April 8, 2003, one bid was received, opened and reviewed; and WHEREAS, SDP Manufacturing, Inc. of Albany, Indiana, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $73,368.00; and WHEREAS, SDP Manufacturing, Inc.'s bid is less than the engineer’s estimate for such vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of SDP Manufacturing, Inc. of Albany, Indiana, in the amount of $73,368.00 for mini derrick with tandem axle trailer is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G20 #2003-120 - Approving Bid Award for Platte River Pumping Station No. 3 Replacement - Platte Generating Station, Utilities Department Background: The pumping station at the Platte River Well Field transfers water from the well field to three reservoirs in the City using three large pumps. One of the pumps has developed serious erosion of the pump casing and needs to be replaced. The Water System Engineering Master Plan, done in 2001, recommended that this pump be replaced with a larger unit to provide for future expansion of the Rogers Reservoir and Pump Station. This replacement pump, electric motor and adjustable frequency drive were purchased for $513,566 in July of 2002. Specifications were developed by our consultants, CH2MHill, for the installation of this pump, and were issued in accordance with City purchasing procedures. Discussion: The specifications were issued for bid and responses were received from the following bidders. The bid price below includes 5.5% sales tax. The engineer’s estimate for this project was $ 350,000. Bidder: 1)Kayton Electric, Inc from Holdrege, NE - Bid Price: $127,500 2)Bidder: Diamond Engineering Co. from Grand Island, NE - Bid Price: $132,000. Recommendation: The bids were reviewed and both are evaluated as fully compliant with the specifications. It is the recommendation of the Utilities Department that the lowest compliant bid, from Kayton Electric, Inc. be accepted for the contract in the amount of $ 127,500. Fiscal Effects: Expenditure of $127,500 of Enterprise 525. Alternatives: Award to the next lowest bidder, Diamond Engineering Company. See attached RESOLUTION. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Gary Mader; Dale Shotkoski City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: April 10, 2003 – 11:00 a.m. FOR: Platte River Pumping Station, Pump No. 3 Replacement DEPARTMENT: Utilities - PGS ENGINEER’S ESTIMATE: $350,000.00 FUND/ACCOUNT: E525 PUBLICATION DATE: March 5, 2003 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Kayton Electric, Inc. Diamond Engineering Co. Holdrege, NE Grand Island, NE Bid Security: Federal Insurance Co. Travelers Casualty Exceptions: None None Bid Price: $127,500.00 $132,000.00 cc: Gary Mader, Utilities Director Tim Luchsinger, Assistant Utilities Director RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P813 Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-120 WHEREAS, the City of Grand Island invited sealed bids for Platte River Pumping Station Pump No. 3 Replacement, according to plans and specifications on file with the Utility Engineering Office at Phelps Control Center; and WHEREAS, on April 10, 2003, bids were received, opened and reviewed; and WHEREAS, Kayton Electric, Inc. of Holdrege, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $127,500; and WHEREAS, Kayton Electric, Inc.'s bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Kayton Electric, Inc. of Holdrege, Nebraska, in the amount of $127,500 for Platte River Pumping Station Pump No. 3 replacement is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G21 #2003-121 - Approving Subordination Agreement For House Purchased Under CDBG Down Payment Assistance Program The City of Grand Island has a real estate lien on property owned by David Zavala, 1307 North Ruby Avenue which has a remaining balance of $20,000. The lien is for a period of 15 years and is set to expire in approximately 6 years. The owner is refinancing. The City's current real estate lien is junior in priority to a Deed of Trust from the owner to the bank. The lender on the new Deed of Trust is Five Points Bank. By law, the new Deed of Trust would be junior in priority to the City's lien; however, the lenders at Five Points Bank have asked the City to subordinate its real estate lien to the new Deed of Trust. The loan from Five Points Bank is for $51,000; the appraised valuation of the property is $76,500 and is sufficient to secure both loans. Approval of the proposed Subordination Agreement, placing the City in the junior position on the real estate liens, is recommended. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Cindy Johnson City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-121 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated April 28, 1994 and recorded on April 28, 1994 as Instrument No. 94-103476 secured by property owned by David E. Zavala, said property being described as follows: The Westerly Seventy (70.0) feet of Lot Two Hundred Forty (240), West Lawn Addition to the City of Grand Island, Hall County, Nebraska. WHEREAS, David E. Zavala, a single person, wishes to execute a Deed of Trust and Note in the amount of $51,000 with Five Points Bank to be secured by the above-described real estate; and WHEREAS, the new lender, Five Points Bank, Beneficiary, wishes to extend the new loan secured by a Deed of Trust conditioned upon the City subordinating its Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. 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 execute an agreement subordinating the lien priority of the above described Deed of Trust from David E. Zavala, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Five Points Bank, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G22 #2003-122 - Approving Credit Card Policy At the April 15, 2003 City Council Study Session, Council discussed the City's credit card policy. The City currently has a limited number of credit cards that are used for purchases at firms that do not have an account with the City of Grand Island or do not take purchase orders. Credit card use is also authorized for travel arrangements, including hotel reservations, airline tickets, and conference fees. Currently, the credit cards are maintained in the Finance Department and may be signed out by other departments as needed. This centralized location has proven to be both cumbersome and inefficient. The City's Procurement Committee has been reviewing this policy for improvements. The City of Kearney has an existing policy for credit card use that has been reviewed by the State Auditor's Office, and has been used as a pattern to revise our policy. The City's Procurement Committee is recommending that the existing policy be modified to allow for departmental credit cards. A set number of cards would be issued to each department; accountability for use of the credit cards would be the responsibility of the Department Director. A monthly credit card limit of $10,000 has been recommended. This policy would facilitate travel arrangements, purchases of items not readily available locally, reduce paperwork and processing, and also allow for more price comparisons, through internet means. Approval is recommended. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: David Springer & Cindy Johnson City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-122 WHEREAS, the City of Grand Island currently has a limited number of credit cards that are available from the city Finance Department for travel and purchasing, which has proved to be a cumbersome and inefficient policy; and WHEREAS, the City’s Procurement Committee has reviewed this policy for improvements and has recommended that the city’s policy be revised to allow for at least one credit card for each department; and WHEREAS, it is the recommendation of the city’s Procurement Committee that the director of each department be accountable for the use of the credit card for his or her department and that a monthly credit card limit of ten thousand dollars ($10,000.00) be established for each department; and WHEREAS, the city’s Procurement Committee believes that this revision to the city’s procurement policies would facilitate travel arrangements, purchase of items not readily available locally, reduce paper work and processing and allow for more price comparisons through the use of the internet. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby adopts the attached "Departmental Credit Card Policy and Procedures Manual". BE IT FURTHER RESOLVED that the provisions of the "Departmental Credit Card Policy and Procedures Manual" shall supersede any prior resolutions, policies or procedures in conflict herewith. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G23 #2003-123 - Approving Submittal of Grant Application to Nebraska Department of Economic Development Relative to Expansion and Renovation of Senior Citizens Center This item relates to the aforementioned Public Hearing. The Nebraska Department of Economic Development accepts applications through the Community Development Block Grant Program for grant funding to assist with public works activities, including community centers, senior centers, primary health and mental health clinics and dependent care facilities. Applications can only be submitted by municipalities. Community Projects staff had met with a number of agencies who had requested the City make application on their behalf. After careful review of the proposed projects and discussion with the DED Program Representative, City staff is recommending the submittal of an application for the renovation and expansion of the Senior Citizens/Grand Generation Center. The renovation will include an additional 4,300 square feet of space for program uses and kitchen expansion. The City's request to CDBG is for funding in the amount of $350,000; total cost of the project is anticipated to be approximately $470,000. The grant requires a 25% match ($117,500) which will be met by the Senior Citizens Industries, Inc. Community Projects staff will monitor and oversee the grant activities. The Grant is available for review in the office of the Community Projects Director. Approval is recommended. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Cindy Johnson City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-123 WHEREAS, the Nebraska Department of Economic Development accepts applications through the Community Development Block Grant program for grant funding to assist with public works activities, including community centers, senior centers, primary health and mental health clinics and dependent care facilities; and WHEREAS, applications are accepted only from municipalities; and WHEREAS, the Community Projects Department staff has reviewed projects submitted by a number of agencies who have requested the City's assistance in obtaining grant funds; and WHEREAS, the Community Projects Department staff is recommending the submittal of an application for the renovation and expansion of the Senior Citizens/Grand Generation Center; and WHEREAS, the total cost of the project is anticipated to be $470,000; and WHEREAS, the City wishes to request grant funding for such project in the amount of $350,000; and WHEREAS, the grant requires a 25% match ($117,500) which will be met by the Senior Citizens Industries, Inc.; and WHEREAS, the City is not expected to contribute financially to the project, but will monitor and oversee the grant activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is authorized to apply for assistance from the Nebraska Department of Economic Development through its Community Development Block Grant program for the renovation and expansion of the Senior Citizens/Grand Generation Center; and the Mayor is hereby authorized and directed to execute such application and other documentation on behalf of the City of Grand Island for such grant process. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item G24 #2003-124 - Approving Application for Nebraska Community Improvement Program The Nebraska Community Improvement Program, through the Nebraska Department of Economic Development, works with communities at the local level to meet challenges while building on their strengths and resources. NCIP recognizes the leadership, community and economic development efforts of Nebraska's communities through community recognition awards, grants and improvement programs. The City of Grand Island, Community Projects Department, plans to submit an application for the Kid Designed, Community Build Playground Project, as well as Youth Leadership Tomorrow. Approval of a Resolution indicating support for the nomination is recommended. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Cindy Johnson City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-124 WHEREAS, local municipal and county government must provide leadership for improving community and economic development efforts; and WHEREAS, community and economic development needs can best be determined and solved through a cooperative effort between elected officials and the citizens they represent; and WHEREAS, since 1963, the Nebraska Community Improvement Program has helped communities build on their strong heritage and form a vision for their future through community recognition awards, grants, and improvement programs; and WHEREAS, the Nebraska Community Improvement Program, administered by the Nebraska Department of Economic Development, has been reviewed and found to be a means to improve our community; and WHEREAS, the City of Grand Island is interested in participating in the Nebraska Community Improvement Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor and City Council hereby pledge their full support, endorsement and cooperation in carrying out the requirements of the Nebraska Community Improvement Program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item H1 Request from Grand Island Senior High School for Fireworks Display The City Clerk's Office has received a request from Grand Island Senior High School for a fireworks display to be presented at the conclusion of the Graduation Commencement exercises on Saturday, May 10, 2003. The Police, Fire and Legal Departments have reviewed this matter. A MOTION is in order. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item I1 #2003-125 - Approving Waiver of Sidewalk Inspection Permit Fees for Areas Where Council Orders Sidewalks Installed This item relates to the action taken earlier where the Council considered amending the City Code to allow the waiving of sidewalk permit inspection fees for sidewalks ordered by Council. If the Ordinance is not passed, this item can not be considered. This Resolution provides for the waiving of the fee for property owners in the areas where sidewalks were ordered in by Council Resolutions 2002-323 and 2003-370, and for providing refunds to property owners who have already purchased the permit. See attached RESOLUTION. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ April 17, 2003 ¤ City Attorney R E S O L U T I O N 2003-125 WHEREAS, on October 8, 2002, by Resolution 2002-323 and on November 26, 2002, by Resolution 2002-370, the City of Grand Island authorized notices to be sent to property owners, requiring them to install sidewalks by the time school resumes in the fall of 2003; and WHEREAS, a sidewalk permit and permit fee are required for such sidewalk installation in accordance with Section 32-52 of the Grand Island City Code; and WHEREAS, it has been recommended that the fee for such sidewalk permit be waived for owners installing sidewalk pursuant to Resolution 2002-323 and Resolution 2002-370. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the permit fee for the sidewalk permit required pursuant to Section 32-52 of the Grand Island City Code for owners installing sidewalk in accordance with Resolution 2002-323 and Resolution 2002-370 is hereby waived. BE IT FURTHER RESOLVED, that if any of the above-affected property owners have paid the sidewalk permit fee for the installation of sidewalk as required by Resolution 2002-323 or Resolution 2002-370, such permit fee shall be refunded. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 22, 2003. _______________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of April 9, 2003 through April 22, 2003 The Claims for the period of April 9, 2003 through April 22, 2003 for a total amount of $2,352,734.64. A MOTION is in order. Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item X1 Discussion Concerning Right of Way Negotiations and Potential Litigation ADJOURN TO EXECUTIVE SESSION: Discussion Concerning Right of Way Negotiations and Possible Litigation. RETURN TO REGULAR SESSION: Tuesday, April 22, 2003 Council Session City of Grand Island Staff Contact: Marlan Ferguson City of Grand Island City Council