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08-12-2003 City Council Regular Meeting PacketCity of Grand Island Tuesday, August 12, 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 Peg Gilbert Joyce Haase Margaret Hornady 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 Rob Inge, Harvest Time Baptist Church, 1125 North Beal Street City of Grand Island City Council Item -1 Discussion Concerning Police Department Budget Discussion will be had concerning the Police Department's budget at the request of City Council from the July 31, 2003 City Council Special Budget meeting. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Kyle Hetrick City of Grand Island City Council Item C1 Presentation of Grant Award from NDEQ and NE State Lottery for Improvements to Sucks Lake Representative for the Nebraska Department of Environmental Quality will be present to award a check in the amount of $300,000.00 for the improvements made at Sucks Lake. The funding helped provide for dredging, storm sewer modification, bank stabilization and engineering costs associated with the entire project. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Item C2 Presentation of CDBG Award for Owner Occupied Rehabilitation Grant The City was awarded a $270,400 Grant from the Nebraska Affordable Housing Program for the rehabilitation of 10-12 owner-occupied homes in the Grand Island Community Development Block Grant project area which is located in Northeast Grand Island. Financing is available for households earning less than 50% of the median income for Hall County for a combination of a 70% grant / 30% loan. Households with a total income less than 80% of the median income for Hall County will be a combination of a 40% grant / 60% loan, with a loan payback required upon sale of the property. Total rehabilitation costs per dwelling unit may not exceed $25,000. Interested homeowners are encouraged to contact the Community Projects Department at 385-5444 ext 249 or 248 for the pre-application process. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Marlan Ferguson City of Grand Island City Council Item C3 Presentation by Philip Geissal Concerning the Heartland Events Center Campaign Philip Geissal, Resident Director of Fund Raising for the Heartland Events Center Campaign will give the Mayor and Council an update on the Heartland Events Center campaign. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Proposed Use of Local Law Enforcement Block Grant Funds The Grand Island Police Department is eligible for federal Local Law Enforcement Block Grant (LLEBG) funds annually. This year, our award is $27,409.00. Because of Hall County being federally designated as a “disparate community”, 25% of the funds will be awarded to the Hall County Sheriff’s Office. Our share, including the city’s 9% match of $1,665.10 comes to $20,266.18. The grant funds can only be used for police equipment costs. There is a federal mandate that requires a public hearing regarding the dispersing of the block grant funds. Additionally, a grant advisory board is required to meet to discuss allocation of the funds. In August of 2003, members of the grant advisory board consisting of Dr. Kent Mann, Jerry Janulewicz, Carol Castleberry, Charlotte Lanhndorf, and I discussed the 2003 grant. The grant funds are tentatively allocated for the following: portable radios, replace radio batteries, and replacement batteries for our patrol officers rechargeable flashlights. As in years past, I would propose that not all of these funds be specifically earmarked because of unforeseen equipment needs. The action item is contained under the Consent Agenda. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Kyle Hetrick City of Grand Island City Council Item E2 Public Hearing on Acquisition of Utility Easement Located at 1204 Allen Drive - Exchange Bank Acquisition of utility easement located at 1204 Allen Drive, is required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used for a pad-mounted transformer to serve electricity to their new building. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Item E3 Public Hearing on Amending the Economic Development Plan At the City Council meeting on July 22, 2003 the City adopted the economic development plan approved by the voters at the May 6,2003, election as required by statute. Since this economic development plan was originally drafted there have been changes in personnel and the position of Community Projects Director has been eliminated. The original draft of the economic development plan made reference to the Community Project Director; therefore, it is necessary to revise the plan to authorize the City Administrator or his or her designee to fulfill the role that was to have been played by the Community Projects Director. Nebraska Statutes require that a public hearing take place prior to amending an economic development plan. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Item F1 #8831 - Consideration of Salary Ordinance The proposed changes to the current Salary Ordinance are the same as those presented to the Council during the budget sessions with the exception of the deletion of the Civil Engineer I and Civil Engineer II in Public Works and a change to the wages of the Electrical Underground Superintendent and the Utility Production Engineer which were overlooked in the last draft. The changes in this ordinance also represents the changes that were proposed with new FTE's. A review of the proposed changes are as follows; Employees covered under the IAFF contract - 4% COLA, employees covered under the FOP contract - 3.5% COLA, employees covered under the AFSCME contract a 2.5% COLA and non -union employees, a 2% COLA and adjustments to wages per the last salary survey. The adjustments to the non- union positions per the survey averaged around 1.3%. Approval of the proposed salary ordinance is recommended. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney ORDINANCE NO. 8831 An ordinance to amend Ordinance No. 8814 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to remove the classification and salary range for the position of Civil Engineer – Utilities; to remove the classification and salary range for the position of Civil Engineer I – Public Works; to remove the classification and salary range for the position of Civil Engineer II – Public Works; to remove the classification and salary range for the position of Data Processing Manager; to remove the classification and salary range for the position of Downtown Development Director; to remove the classification and salary range for the position of Legal Clerk; to add the classification and salary range for Maintenance Worker I – Library; to add the classification and salary range for the position of Senior Accountant; to change the classification title for the position of Senior Civil Engineer – Public Works Engineering to Civil Engineering Manager – Public Works Engineering; to change the classification title for the position of Senior Civil Engineer – Utility, PCC to Civil Engineering Manager – Utility, PCC; to add the classification and salary range for the position of Wastewater Clerk; to amend the salary ranges for the officers and general employees of the City of Grand Island to reflect cost of living adjustments and/or salary survey comparability information; to amend the salary ranges for the classification of employees covered under the AFSCME labor agreement in accordance with the terms of such agreement; to amend the salary ranges for the classification of employees covered under the FOP labor agreement in accordance with the terms of such agreement; to amend the salary ranges for the classification of employees covered under the IAFF labor agreement in accordance with the terms of such agreement; to repeal Ordinance No. 8814, and any ordinance or parts of ordinances ORDINANCE NO. 8831 (Cont.) - 2 - in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accountant 1290.98 / 1817.12 1265.66 / 1781.49 Exempt Accounting Technician – Solid Waste 959.83 / 1350.65 941.01 / 1324.17 40 hrs/week Accounting Technician – Streets 959.83 / 1350.65 941.01 / 1324.17 40 hrs/week Accounting Technician – WWTP 959.83 / 1350.65 941.01 / 1324.17 40 hrs/week Administrative Assistant – Public Works 1036.31 / 1459.07 1015.99 / 1430.46 40 hrs/week Administrative Assistant – Utilities 1036.31 / 1459.07 1015.99 / 1430.46 40 hrs/week Administration Secretary 859.81 / 1209.45 842.95 / 1185.74 40 hrs/week Assistant Public Works Director 1747.36 / 2458.40 1713.10 / 2410.20 Exempt Assistant Utility Director – Administration 2328.40 / 3276.56 2237.98 / 3149.33 Exempt Assistant Utility Director – PGS & PCC 2522.20 / 3549.43 2354.99 / 3314.13 Exempt Attorney 1833.09 / 2579.43 1797.14 / 2528.86 Exempt Audio-VideoVisual Technician 1200.21 / 1688.86 40 hrs/week ORDINANCE NO. 8831 (Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility 1153.60 / 1623.28 Biosolids Technician 1060.77 / 1493.20 990.45 / 1394.21 40 hrs/week Building Clerk 796.02 / 1119.90 743.25 / 1045.66 40 hrs/week Building Secretary 859.81 / 1209.45 842.95 / 1185.74 40 hrs/week Building Department Director 1899.75 / 2672.17 1825.98 / 2568.41 Exempt Building Inspector 1230.21 / 1730.86 1182.44 / 1663.66 40 hrs/week Cemetery Superintendent 1285.93 / 1810.39 1260.72 / 1774.90 Exempt City Administrator 2889.92 / 4066.98 2777.70 / 3909.06 Exempt City Attorney 2405.45 / 3385.45 2358.29 / 3319.07 Exempt City Clerk 1278.58 / 1799.28 1228.93 / 1729.41 Exempt Civil Engineer – Utilities 1621.63 / 2281.66 Exempt Civil Engineer I – Public Works 1186.56 / 1670.25 Exempt Civil Engineer II – Public Works 1404.92 / 1977.60 Exempt Code Compliance Officer 1094.30 / 1539.80 1072.85 / 1509.60 40 hrs/week Collection System Supervisor 1246.43 / 1754.08 1221.99 / 1719.69 40 hrs/week Communications Supervisor 1139.34 / 1603.13 1095.10 / 1540.88 Exempt Community Development Director 1638.94 / 2307.96 1606.80 / 2262.70 Exempt Community Projects Secretary 884.18 / 1244.75 866.85 / 1220.34 40 hrs/week Community Service Officer – Police Department 779.13 / 1095.98 763.85 / 1074.50 40 hrs/week Custodian 752.23 / 1061.53 737.48 / 1040.71 40 hrs/week Data Processing Manager 1621.63 / 2281.66 Exempt ORDINANCE NO. 8831 (Cont.) - 4 - Deputy Police Chief 1807.87 / 2544.97 1772.42 / 2495.07 Exempt Development Specialist 884.18 / 1244.75 866.85 / 1220.34 40 hrs/week Downtown Development Director 1606.80 / 2262.70 Exempt Electric Distribution Superintendent 1988.91 / 2798.19 1911.68 / 2689.54 Exempt Electric Distribution Supervisor 1680.29 / 2363.54 1615.04 / 2271.77 40 hrs/week Electric Underground & Substation Superintendent 1771.16 / 2492.14 1702.38 / 2395.37 Exempt Electrical Engineer I 1564.13 / 2202.06 1533.46 / 2158.88 Exempt Electrical Engineer II 1812.92 / 2551.70 1777.37 / 2501.66 Exempt Electrical Inspector 1230.21 / 1730.86 1182.44 / 1663.66 40 hrs/week Emergency Management Coordinator 927.89 / 1305.26 909.70 / 1279.67 40 hrs/week Emergency Management Director 1808.88 / 2545.29 1738.64 / 2446.46 Exempt EMS Division Chief 1678.57 / 2361.83 1613.39 / 2270.12 Exempt Engineering Technician Supervisor 1364.94 / 1921.34 1338.18 / 1883.66 Exempt Equipment Operator 1000.76 / 1409.36 934.42 / 1315.93 40 hrs/week Executive Assistant – Administration 1311.65 / 1846.60 1260.72 / 1774.90 Exempt Finance Controller 1848.18 / 2599.60 1812.00 / 2548.63 Exempt Finance Director 2328.40 / 3276.56 2237.98 / 3149.33 Exempt Finance Secretary 859.81 / 1209.45 842.95 / 1185.74 40 hrs/week Fire Chief 2006.23 / 2822.33 1966.89 / 2766.99 Exempt Fire Operations Division Chief 1678.57 / 2361.83 1613.39 / 2270.12 Exempt ORDINANCE NO. 8831 (Cont.) - 5 - Fire Prevention Division Chief 1678.57 / 2361.83 1613.39 / 2270.12 Exempt Fire Training Division Chief 1678.57 / 2361.83 1613.39 / 2270.12 Exempt Fleet Services Superintendent 1375.87 / 1937.31 1348.89 / 1899.32 Exempt Fleet Services Supervisor 1146.38 / 1613.22 1070.38 / 1506.27 40 hrs/week Golf Course Superintendent 1601.74 / 2253.92 1495.56 / 2104.50 Exempt Grounds Management Crew Chief 1201.05 / 1690.21 1177.50 / 1657.06 40 hrs/week Human Resources Director 1918.38 / 2698.37 1825.98 / 2568.41 Exempt Human Resources Specialist 1141.91 / 1606.56 1097.57 / 1544.18 40 hrs/week Information Technology Manager 1823.61 / 2565.84 1702.71 / 2395.74 Exempt Information Technology Supervisor 1529.98 / 2153.17 1442.29 / 2029.76 Exempt Legal Assistant 1228.78 / 1729.70 1204.69 / 1695.79 40 hrs/week Legal Clerk 743.25 / 1045.66 40 hrs/week Legal Secretary 922.85 / 1300.22 904.75 / 1274.73 40 hrs/week Librarian I 1124.56 / 1581.78 1102.51 / 1550.77 Exempt Librarian II 1237.19 / 1740.63 1212.93 / 1706.50 Exempt Library Assistant 774.92 / 1090.10 759.73 / 1068.73 40 hrs/week Library Assistant Director 1424.61 / 2004.54 1396.68 / 1965.24 Exempt Library Clerk 649.52 / 915.16 606.46 / 854.49 40 hrs/week Library Director 1810.39 / 2548.34 1774.90 / 2498.37 Exempt Library Page* 491.56 / 691.89 458.97 / 694.81 40 hrs/week ORDINANCE NO. 8831 (Cont.) - 6 - Library Secretary 859.81 / 1209.45 842.95 / 1185.74 40 hrs/week Maintenance Mechanic I 985.02 / 1389.66 946.78 / 1335.70 40 hrs/week Maintenance Mechanic II 1105.90 / 1555.98 1062.96 / 1495.56 40 hrs/week Maintenance Worker I – Solid Waste 878.30 / 1237.18 861.01 / 1212.93 40 hrs/week Maintenance Worker I – Building, Golf, Library 902.67 / 1269.97 884.98 / 1245.06 40 hrs/week Maintenance Worker I – WWTP 920.73 / 1295.37 884.98 / 1245.06 40 hrs/week Maintenance Worker II – Solid Waste 925.37 / 1302.74 907.22 / 1277.20 40 hrs/week Maintenance Worker II – Building, Golf, Zoo 950.58 / 1340.57 931.94 / 1314.28 40 hrs/week Maintenance Worker II – WWTP 969.59 / 1367.38 931.94 / 1314.28 40 hrs/week Meter Reading Supervisor 1169.32 / 1646.75 1091.80 / 1537.58 Exempt Office Manager – Police Department 1049.76 / 1477.56 1029.18 / 1448.59 40 hrs/week Parking Monitor 521.94 / 735.25 473.80 / 667.44 40 hrs/week Parks and Recreation Director 1955.80 / 2750.89 1917.45 / 2696.95 Exempt Parks and Recreation Secretary 859.81 / 1209.45 842.95 / 1185.74 40 hrs/week Parks Maintenance Superintendent 1454.87 / 2046.57 1426.34 / 2006.44 Exempt Payroll Specialist 1119.52 / 1575.06 1097.57 / 1544.18 40 hrs/week Planning Director 1702.58 / 2395.27 1636.46 / 2302.26 Exempt Planning Secretary 859.81 / 1209.45 842.95 / 1185.74 40 hrs/week Planning Technician 1206.09 / 1696.93 1182.44 / 1663.66 40 hrs/week Plumbing Inspector 1230.21 / 1730.86 1182.44 / 1663.66 40 hrs/week ORDINANCE NO. 8831 (Cont.) - 7 - Police Chief 2101.20 / 2957.65 2060.00 / 2899.66 Exempt Police Records Clerk 799.30 / 1125.40 783.62 / 1103.34 40 hrs/week Power Plant Maintenance Supervisor 1762.65 / 2479.41 1615.04 / 2271.77 Exempt Power Plant Operations Supervisor 1851.69 / 2605.31 1696.62 / 2387.13 Exempt Power Plant Superintendent – Burdick 1982.19 / 2789.30 1766.66 / 2486.01 Exempt Power Plant Superintendent – PGS 2285.16 / 3214.15 2093.78 / 2944.98 Exempt Public Information Officer 1141.91 / 1606.56 1097.57 / 1544.18 40 hrs/week Public Safety Secretary 949.74 / 1339.73 931.12 / 1313.46 40 hrs/week Public Works Director 2282.74 / 3212.31 2237.98 / 3149.33 Exempt Public Works Secretary 859.81 / 1209.45 842.95 / 1185.74 40 hrs/week Purchasing Technician 859.81 / 1209.45 842.95 / 1185.74 40 hrs/week Recreation Superintendent 1372.52 / 1930.62 1319.22 / 1855.65 Exempt Senior Accountant 1356.19 / 1907.81 Exempt Civil Engineering Manager Senior Civil Engineer – Public Works Engineering 1738.11 / 2446.64 1704.03 / 2398.66 Exempt Civil Engineering Manager Senior Civil Engineer – Utility, PCC 1911.65 / 2691.35 1802.09 / 2537.10 Exempt Senior Electrical Engineer 1984.88 / 2792.75 1621.63 / 2281.66 Exempt Senior Engineering Technician 1206.09 / 1696.93 1182.44 / 1663.66 40 hrs/week Senior Equipment Operator 1040.51 / 1464.12 1020.11 / 1435.41 40 hrs/week Senior Library Assistant 854.77 / 1202.73 838.01 / 1179.14 40 hrs/week Senior Maintenance Worker 1069.60 / 1505.55 998.69 / 1405.74 40 hrs/week ORDINANCE NO. 8831 (Cont.) - 8 - Senior Telecommunicator/EMD 963.70 / 1355.52 899.81 / 1265.66 40 hrs/week Senior Utility Secretary 862.34 / 1216.18 845.42 / 1192.33 40 hrs/week Solid Waste Division Clerk 773.27 / 1087.90 743.25 / 1045.66 40 hrs/week Solid Waste Superintendent 1566.65 / 2204.58 1535.94 / 2161.35 Exempt Street Superintendent 1517.40 / 2137.22 1458.48 / 2054.23 Exempt Street Supervisor 1204.49 / 1694.00 1157.72 / 1628.22 40 hrs/week Telecommunicator/EMD 891.58 / 1257.64 856.96 / 1208.81 40 hrs/week Turf Management Specialist 1206.09 / 1696.93 1182.44 / 1663.66 40 hrs/week Utility Production Engineer 2037.84 / 2867.91 1867.18 / 2627.74 Exempt Utility Director 2838.13 / 3992.45 2649.98 / 3727.78 Exempt Utility Secretary 859.81 / 1209.45 842.95 / 1185.74 40 hrs/week Utility Services Manager 1644.18 / 2313.74 1549.94 / 2181.13 Exempt Utility Warehouse Supervisor 1303.10 / 1832.80 1193.98 / 1679.31 40 hrs/week Wastewater Clerk 773.27 / 1087.90 40 hrs/week Wastewater Engineering/Operations Superintendent 1738.11 / 2446.64 1704.03 / 2398.66 Exempt Wastewater Plant Maintenance Supervisor 1279.21 / 1800.31 1254.13 / 1765.01 40 hrs/week Wastewater Plant Operator I 897.63 / 1263.24 880.03 / 1238.47 40 hrs/week Wastewater Plant Operator II 1003.41 / 1412.89 936.89 / 1319.22 40 hrs/week Wastewater Plant Process Supervisor 1310.31 / 1844.86 1284.62 / 1808.68 40 hrs/week Wastewater Plant Senior Operator 1060.77 / 1493.20 990.45 / 1394.21 40 hrs/week ORDINANCE NO. 8831 (Cont.) - 9 - Water Superintendent 1584.04 / 2228.17 1465.07 / 2060.83 Exempt Water Supervisor 1350.62 / 1902.09 1249.18 / 1759.24 40 hrs/week Worker / Seasonal 412.00 / 1600.00 Exempt Worker / Temporary 412.00 40 hrs/week *Pay Schedule Variation SECTION 2. The currently occupied classifications of emp loyees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 909.74 / 1279.31 887.54 / 1248.11 40 hrs/week Fleet Services Attendant/Clerk 827.03 / 1166.46 806.86 / 1138.01 40 hrs/week Fleet Services Mechanic 1017.42 / 1430.94 992.61 / 1396.04 40 hrs/week Fleet Services Inventory Specialist 907.15 / 1276.73 885.02 / 1245.59 40 hrs/week Horticulturist 960.57 / 1353.40 937.14 / 1320.39 40 hrs/week Maintenance Worker – Cemetery 902.85 / 1270.70 880.82 / 1239.71 40 hrs/week Maintenance Worker – Parks 896.81 / 1262.94 874.94 / 1232.14 40 hrs/week Maintenance Worker – Streets 877.86 / 1235.38 856.45 / 1205.25 40 hrs/week Senior Equipment Operator – Streets 996.74 / 1403.38 972.43 / 1369.14 40 hrs/week Senior Maintenance Worker – Parks 996.74 / 1403.38 972.43 / 1369.14 40 hrs/week ORDINANCE NO. 8831 (Cont.) - 10 - Senior Maintenance Worker – Streets 996.74 / 1403.38 972.43 / 1369.14 40 hrs/week Traffic Signal Technician 996.74 / 1403.38 972.43 / 1369.14 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Clerk I 715.20 / 1006.40 40 hrs/week Accounting Clerk II 808.80 / 1140.00 40 hrs/week Computer Technician 965.60 / 1358.40 40 hrs/week Computer Programmer 1268.00 / 1783.20 40 hrs/week Electric Distribution Crew Chief 1469.60 / 2067.20 40 hrs/week Electric Underground & Substation Crew Chief 1469.60 / 2067.20 40 hrs/week Engineering Technician I 1014.40 / 1427.20 40 hrs/week Engineering Technician II 1236.80 / 1740.00 40 hrs/week GIS Technician 1332.00 / 1873.60 40 hrs/week Instrument Technician 1506.40 / 2119.20 40 hrs/week Lineman Apprentice 1040.00 / 1463.20 40 hrs/week Lineman First Class 1332.00 / 1873.60 40 hrs/week Lineman Second Class 1148.00 / 1615.20 40 hrs/week Materials Handler 1267.20 / 1782.40 40 hrs/week Meter Reader 853.60 / 1201.60 40 hrs/week Meter Technician 1040.00 / 1463.20 40 hrs/week Network Technician 1120.00 / 1576.00 40 hrs/week Power Dispatcher I 1399.20 / 1968.00 40 hrs/week Power Dispatcher II 1469.60 / 2067.20 40 hrs/week Power Plant Custodian 754.40 / 1061.60 40 hrs/week ORDINANCE NO. 8831 (Cont.) - 11 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Power Plant Maintenance Mechanic 1332.00 / 1873.60 40 hrs/week Power Plant Operator I 1040.00 / 1463.20 40 hrs/week Power Plant Operator II 1399.20 / 1968.00 40 hrs/week Senior Accounting Clerk 849.60 / 1196.80 40 hrs/week Senior Engineering Technician 1332.00 / 1873.60 40 hrs/week Senior Materials Handler 1399.20 / 1968.00 40 hrs/week Senior Meter Reader 919.20 / 1292.00 40 hrs/week Senior Power Dispatcher 1621.60 / 2280.80 40 hrs/week Senior Power Plant Operator 1544.00 / 2172.00 40 hrs/week Senior Substation Technician 1506.40 / 2119.20 40 hrs/week Senior Utilities Operator 1506.40 / 2119.20 40 hrs/week Senior Water Maintenance Worker 1120.00 / 1576.00 40 hrs/week Substation Technician 1399.20 / 1968.00 40 hrs/week Systems Technician 1506.40 / 2119.20 40 hrs/week Tree Trim Crew Chief 1332.00 / 1873.60 40 hrs/week Utilities Electrician 1399.20 / 1968.00 40 hrs/week Utilities Operator 1364.80 / 1920.80 40 hrs/week Utility Technician 1469.60 / 2067.20 40 hrs/week Utility Warehouse Clerk 942.40 / 1326.40 40 hrs/week Water Maintenance Worker I 919.20 / 1292.00 40 hrs/week Water Maintenance Worker II 989.60 / 1392.80 40 hrs/week Wireman I 1148.00 / 1615.20 40 hrs/week Wireman II 1332.00 / 1873.60 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: ORDINANCE NO. 8831 (Cont.) - 12 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Police Captain 1543.18 / 2117.26 1491.00 / 2045.66 40 hrs/week Police Officer* 1094.58 / 1530.14 1057.56 / 1478.40 40 hrs/week Police Sergeant* 1392.73 / 1908.36 1345.63 / 1843.82 40 hrs/week Pay Schedule Variation* SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Fire Captain 1416.36 / 1993.68 1361.88 / 1917.00 212 hrs/28 days Firefighter / EMT 1049.24 / 1489.36 1004.40 / 1432.08 212 hrs/28 days Firefighter / Paramedic 1173.11 / 1702.77 1109.16 / 1637.28 212 hrs/28 days SECTION 6. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility area as stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform allowance in addition to regular salary. All full-time fire fighters shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $80.00 per month. All full-time ORDINANCE NO. 8831 (Cont.) - 13 - police officers shall be paid a clothing and uniform allowance in addition to regular salary of $50.00 per month. Full-time police officers may also receive a reimbursement toward the purchase of body armor, not to exceed $400. Full-time fire fighters and fire captains may receive a one-time uniform acquisition allowance of up to $850. Full-time fire fighters, fire captains, Fire Operations Division Chief, Fire Prevention Division Chief, Fire Training Division Chief, and EMS Division Chief may receive an annual stipend for longevity not to exceed $520. If any such fire fighter or police officer shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Non-union employees and employees covered by the AFSCME labor union, the FOP labor union, and the IBEW labor union may receive an annual stipend not to exceed $500 for bilingual pay. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reading Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground and Substation Superintendent, Electric Underground and Substation Supervisor, and Engineering Technical Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department personnel in the IBEW, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to participate in a voluntary uniform program providing an allowance up to $18 per month. Full- time Shop Garage Division personnel shall receive a uniform allowance of $12 biweekly. Public ORDINANCE NO. 8831 (Cont.) - 14 - Works Department personnel in the job classifications Equipment Mechanic Supervisor, Garage Superintendent, and Equipment Mechanic shall receive a tool allowance of $10 biweekly. Parking Monitors may receive a one-time uniform acquisition allowance of $250 upon employment and an annual allowance thereafter of $100. SECTION 7. Employees shall be compensated for unused sick leave as follows: (A) For all employees except tho se covered in the IAFF and AFSCME bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee’s unused sick leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day’s pay based on the employee’s current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 960 hours accrual of the preceding year. For those employees covered in the AFSCME bargaining agreement, the City will include in the paycheck in January of each year, payment for an employee's unused sick leave in excess of 968 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day's pay based on the emp loyee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 968 hours accrual of the preceding year. For those employees covered in the IAFF bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee’s unused sick leave in excess of 2,880 hours accrued in the preceding calendar year. The compensation will be at the rate of one-quarter day’s pay based on the employee’s current pay rate at the time of such compensation, for ORDINANCE NO. 8831 (Cont.) - 15 - each day of unused sick leave which exceeds 2,880 hours accrual of the preceding year. (B) All employees except those covered in the fire department bargaining agreement shall be paid for one-half of their accumulated sick leave at the time of their retirement, the rate of compensation to be based on the employee’s salary at the time of retirement. Employees covered in the fire department bargaining agreement shall be paid for one quarter of their accumulated sick leave at the time of their retirement, the rate of compensation to be based upon the employee’s salary at the time of retirement. (C) Department heads shall be paid for one-half of their accumulated sick leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused sick leave at retirement shall be as provided above. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused sick leave. SECTION 8. The city administrator shall receive a vehicle allowance of $300 per month in lieu of mileage for use of personal vehicle travel within Hall County, payable monthly. SECTION 9. Reimbursed expenses which are authorized by Neb. Rev. Stat. §13- 2201, et. seq., the Local Government Miscellaneous Expenditure Act and/or which the Internal Revenue Service requires to be reflected on an employee IRS Form W-2 at year end, are hereby authorized as a payroll entry. ORDINANCE NO. 8831 (Cont.) - 16 - SECTION 10. Salary adjustments to be received as a result of this ordinance shall become effective with the pay period beginning on October 6, 2003. SECTION 11. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 12. Ordinance No. 8814 and all other ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 13. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. Enacted: August 12, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8832 - Consideration of Amending the Economic Development Plan This ordinance has been prepared to amend the the orignal economic development plan to delete reference to the Community Projects Director which is a position that has been eliminated in recent personnel changes. This ordinance amends the original plan to accomplish the purpose of the original enabling resolution, ordinance and econiomic development plan. The amended plan will permit the City Administrator or his or her designee to act in the role that was to be fulfilled by the Community Projects Director. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Exhibit "A" 1 CITY OF GRAND ISLAND, NEBRASKA ECONOMIC DEVELOPMENT PROGRAM General Community and Economic Development Strategy November 20, 2002 In order for Grand Island to continue to grow and prosper, we need to broaden our wealth producing economic base by bringing to our community new employers and helping our existing companies to grow. Unfortunately, communities all across the nation are faced with potential loss of jobs due to mergers, corporate takeovers, and changing economic events. It is becoming increasingly difficult for our community to absorb the loss of this type of employment. Faced with this challenge, it is the intent of the City to save the existing job opportunities within the community and secure future additional jobs for Grand Island’s residents. The formation of an economic development program will provide a mechanism for assisting businesses interested in locating in Grand Island or those interested in expanding their existing businesses. It will take local participation in a financial partnership to develop this new program. Our only means for acquiring the needed funds to carry on an economic development program is through an affirmative vote of the citizens of Grand Island to support this project. Need and Purpose An economic developme nt program is a community tool that encourages and stimulates the growth of quality jobs, attracts permanent investment, broadens the tax base, and diversifies the region’s economic base that will lead to new opportunities and options for all citizens, ultimately improving the quality of life for all taxpayers in Grand Island and the surrounding region. Grand Island’s best chance of long term growth and prosperity will come with increased diversification with an overall goal of increasing per capita and median household incomes throughout Grand Island and Hall County. Taking into consideration the very low unemployment rates that Hall County has experienced in the 1990’s, our focus will be on attracting capital intensive instead of labor intensive businesses – businesses that hire skilled laborers to complement million-dollar production equipment and machinery. In addition, we will be targeting businesses that will provide employment opportunities for those who are underemployed in Hall County and those seeking professional positions. SECTION I. GENERAL COMMUNITY AND ECONOMIC DEVELOPMENT STRATEGY The Nebraska Legislature, in the Local Option Municipal Economic Development Act Neb. Rev. Statutes 18-2701, et seq., has made the following legislative findings: (1) there is a high degree of competition among states and municipalities in our nation in their efforts to provide incentives for businesses to expand or locate in their respective jurisdictions; (2) municipalities in Nebraska are hampered in their efforts to effectively compete because of their inability under Nebraska law to respond quickly to opportunities or to raise sufficient capital from local sources to provide incentives for business location and expansion decisions which are tailored to meet the needs of Exhibit "A" 2 the local community; (3) the ability of a municipality to encourage business location and expansion has a direct impact not only upon the economic well-being of the community and its residents but upon the whole State as well; and (4) there is a need to provide Nebraska municipalities with the opportunity of providing assistance to business enterprises in their communities, whether for expansion of existing operations or creation of new businesses, by the use of funds raised by local taxation when the voters of the municipality determine that it is in the best interests of their community to do so. The City of Grand Island faces stiff competition to recruit businesses to the community and to retain businesses that not only are presently operating in the community but also are considered anchors of the economic vitality of the City. The City, through the Economic Development Corporation, has competed as best it could to bring new business and new well paying jobs to the community, but frankly has less ability to compete by not having available the tools granted by the Local Option Municipal Economic Development Act. The City believes that not having the ability to directly fund economic development activities in the past may have cost jobs and capital investment which otherwise would have been realized. The effect is to hamper growth of the tax base of the City. Only by adoption of an economic development program can the City of Grand Island directly contribute to economic development projects and thereby compete successfully for location of manufacturing facilities and other businesses to our community and retain those excellent employers currently within our community. The well paying jobs and talented employees employed in these fields are critical to Grand Island. Those jobs are among the highest paying in the community and they attract the most capable and talented people in the work force. Absent approval of the program by the voters, other communities and states could become more attractive as the potential site for business and industry. Grand Island becomes less competitive. The foregoing is a practical example of the underlying basis for the legislative findings set out in the Local Option Municipal Economic Development Act. The Local Option Municipal Economic Development Act became effective June 3, 1991, and authorizes cities and villages to appropriate and spend local sales tax and property tax revenues for certain economic development purposes. An economic development program formulated by the City to implement this legislation is subject to the vote of the people. The core of the process involves the formulation of a proposed plan for a local economic development program. The program forms the foundation for the expenditure of local tax revenues for economic development. Because the development and utilization of an economic development program is truly a plan for the community, the Economic Development Fund will be administered by a Citizens’ Review Committee appointed by the Mayor and approved by the City Council. The Committee would be comprised of seven members from the community. Three at large members would be recommended for appointment by the Grand Island Area Economic Development Corporation. All members must be registered voters in the city of Grand Island. It is recommended that professionals in the fields of accounting and banking and finance, small business owners, and business professionals be included on the Citizens’ Review Committee. At least one member of the Committee shall have expertise or experience in Exhibit "A" 3 business finance and accounting as a banker or accountant, at least one member of the Committee shall be a business owner. No member shall be an elected or appointed City Official, an employee of the City, an official or employee of any qualifying business receiving financial assistance under the Program or an official or employee of any financial institution participating directly in the Program. The City Administrator or designee will serve as Liaison to the Economic Development Corporation. The City has prepared the Program for submission, first to the City Council and, upon Council approval, to the voters of Grand Island. The Legislature of the State of Nebraska has made available through the Act an invaluable tool to recruit new businesses and to retain and expand businesses presently located in a community. The City intends to use this tool to spur further economic development within the City. The City seeks, through the Economic Development Program, to be more competitive or at least as competitive in the economic development area as any other community in this or any other State of comparative size. With voter approval, the provisions of the Program become the basis for funding the econo mic development program and thereby expanding job opportunities and the tax base in our community. Through voter approval of the Economic Development Program, the City would be in a position to operate a low-interest, performance based revolving loan fund, provide job creation incentives, equity participation, interest buy downs, acquire commercial and industrial sites, promote their development, and bond the costs of economic development pending sufficient general fund revenues. The City proposes that funding from the City’s general fund be dedicated for the economic development program. SECTION II. STATEMENT OF PURPOSE DESCRIBING GENERAL INTENT AND PROPOSED GOALS The general intent and goal of the Grand Island Economic Development Program is to provide well paying jobs to the citizens of Grand Island, Nebraska, by encouraging and assisting local businesses to expand as regards job creation and capital investment and to recruit new qualified businesses which results in creation of jobs and expansion of the tax base. The success of the Program will be measured by the number of jobs created and retained for the length of the Program, the total dollars invested in fixed assets, i.e., buildings, new commercial real estate and business equipment and finally, the growth in total valuation in the City. Each project will be considered on its merits, but priority will be given to jobs created and/or retained at or above average wage and benefits for the community. SECTION III. TYPES OF ECONOMIC ACTIVITIES THAT WILL BE ELIGIBLE FOR ASSISTANCE A. Definition of Program Economic Development shall mean any project or program utilizing funds derived from the City’s General Fund, which funds will be expended primarily for the purpose of providing direct Exhibit "A" 4 or indirect financial assistance to a qualifying non-retail business, the payment of related costs and expenses, and/or through a revolving loan fund. The purpose of the Program is to increase job opportunities and business investment within the community. B. Eligible Activities The Economic Development Program may include, but shall not be limited to, the following activities: 1) A revolving loan fund from which performance based loans will be made to non-retail qualifying businesses on a match basis from the grantee business and based upon job creation and/or retention, said jobs to be above the average wage scale for the community. 2) Public works improvements and/or purchase of fixed assets, including potential land grants or real estate options essential to the locatio n or expansion of a qualifying business or for capital improvements when tied to job creation criteria or when critical to retention of jobs of a major employer within the community, which equity investment may be secured by a Deed of Trust, Promissory Note, UCC filing, personal and/or corporate guarantees or other financial instrument. 3) The provision of technical assistance to businesses, such as preparation of financial packages, survey, engineering, legal, architectural or other similar assistance and payment of relocation or initial location expenses. 4) The authority to issue bonds pursuant to the Act. 5) Grants or agreements for job training. 6) Interest buy down agreements or loan guarantees. 7) Other creative and flexible initiatives to stimulate the economic growth in the Grand Island area (activities which may be funded through the Economic Development Program or General Fund as authorized by Section 13-315 R.R.S.). 8) Commercial/industrial recruitment and promotional activities. 9) Payments for salaries and support of City staff or the contracting of an outside entity to implement any part of the Program. 10) End Destination Tourism Related Activities. 11) Reduction of real estate property taxes for City of Grand Island to stimulate local economy. 12) Development of low to moderate income housing. Exhibit "A" 5 SECTION IV. DESCRIPTION OF TYPES OF BUSINESSES THAT WILL BE ELIGIBLE A. A qualifying business shall mean any corporation, partnership, limited liability company or sole proprietorship that derives its principal source of income from any of the following: 1. The manufacturer of articles of commerce; 2. The conduct of research and development; 3. The processing, storage, transport, or sale of goods or commodities which are sold or traded in interstate commerce as distinguished from goods offered for sale at retail locally; 4. The sale of services in interstate commerce as distinguished from services offered on a local or area basis; 5. Headquarters facilities relating to eligible activities as listed in this section; 6. Telecommunications activities; or 7. End Destination Tourism-Related Activities. B. A qualifying business must be located within the zoning jurisdiction of the city unless a variance is granted for special circumstances. C. Any other business deemed a qualifying business through future action of the Legislature. SECTION V. REVOLVING LOAN FUND A. The amount of funds available for any single project shall not exceed the amount of funds available under the Economic Development Program during the project term, nor shall it provide for more than fifty percent (50%) of total project costs. An applicant must provide participation and evidence of participation through private funding as distinguished from federal, state, or local funding in the minimum amount of fifteen percent (15%) equity investment. The right is reserved to negotiate the terms and conditions of the loan with each applicant, which terms and conditions may differ substantially from applicant to applicant. B. The interest rate shall be negotiated on an individual basis. The term shall not exceed fifteen (15) years for loans used for real estate and building assets and not to exceed seven (7) years for loans involving any other asset category such as furniture, fixtures, equipment or working capital. Security for loans will include, but will not be limited to, Promissory Notes, a Deed of Trust, UCC filings and personal and/or corporate guarantees as appropriate and may be in a subordinate position to the primary commercial or government lender. C. If the loan is approved as performance based, a qualifying business may be approved to recapture on a grant basis a portion of the loan amount to be determined by the Economic Exhibit "A" 6 Development Corporation based upon job creation or retention and economic impact of the project to the community. D. A loan repayment schedule providing for monthly, quarterly or annual payments will be approved in conjunction with project approval. Repayments will be held in a revolving reuse loan fund for future projects as approved. E. The City Administrator or his designee is responsible for auditing and verifying job creation and retention and determines grant credits toward any loans made. No grant credits are available unless pre-approved in the initial application and project approval and no grant credits are available beyond the level initially approved. F. The Revolving Loan Fund and its portfolio of loan funds will be audited annually by a selected firm of certified public accountants. The audits will be funded by the Economic Development Fund and the findings will be presented to the Citizens’ Review Committee. G. The City Administrator or his/her designee will be the Program Administrator. The Finance Director will be responsible for the financial and auditing portions of the plan. It is anticipated that the Program can be fully administered by the Community Projects Director. Financial assistance will be provided by the Finance Department. SECTION VI. SOURCE OF FUNDING The Program will be funded from local sources of revenue, including property taxes and/or sales taxes, contained in the City’s general fund. The City shall not appropriate from these funds for approved Economic Programs, in any year during which such programs are in existence, an amount in excess of four-tenths of one percent of actual valuation of the City of Grand Island in the year in which the funds are collected, and further, will be subject to the limitation that no city of the First Class shall appropriate more than two million dollars in any one year. The City of Grand Island shall appropriate $750,000 annually for the Economic Development Program. The restrictions on the appropriation of funds from local sources of revenue shall not apply to the re- appropriation of funds that were appropriated but not expended during the previous fiscal years. If, after five full budget years following initiation of the approved Economic Development Program, less than fifty percent of the money collected from local sources of revenue is spent or committed by contract for the Economic Development Program, the governing body of the City shall place the question of the continuation of the City’s Economic Development Program on the ballot at the next regular election. A. Time Period for Collection of Funds Annual funding for the program, $750,000 per year, will come from the City’s General Fund. These funds will be allocated commencing with the FY 2003-2004 budget year, beginning October 1, 2003 and will continue for 10 years. B. Time Period for Existence of the Program Exhibit "A" 7 The Economic Development Program will be in effect beginning October 1, 2003 and will continue for 10 years. C. Proposed Total Collections from Local Sources Fiscal Year Estimated Collections 2003-2004 $750,000 (General Fund revenues) Every year for 9 years thereafter $750,000 (General Fund revenues) The total amount of City General Fund revenues to be committed to the Economic Development Fund Program for 10 years is $7,500,000. D. Basic Preliminary Proposed Budget It is anticipated that the proposed annual total budget of $750,000 will be allocated to the Economic Development Fund. Any funds not expended in the revolving loan category will be used to fund the other eligible activities as set out in Section III above. SECTION VII. APPLICATION PROCESS FOR FINANCIAL ASSISTANCE TO BUSINESSES A. Application Process and Selection of Participants: Businesses seeking assistance will be required to: 1. Complete an application which may be obtained from the Grand Island Area Economic Development Corporation or the City of Grand Island. 2. Submit the completed application together with all information as set out below to the Grand Island Area Economic Development Corporation or the City of Grand Island. Following review by the Economic Development Corporation Executive Board and Citizens’ Advisory Review Committee, an overview of the proposed application for assistance will be forwarded by the Citizens’ Advisory Review Committee to the Mayor and City Council. The overview shall contain sufficient information in order for the elected officials to make an informed decision yet maintain confidentiality of information that, if released, could cause harm to such business or give unfair advantage to competitors. The City Council will approve or deny the application. 3. The Community Projects Director, as Program Administrator, will coordinate with the Economic Development President to notify any applicant whose application is not approved. Such applicant may request in writing that the application, with the recommendation not to approve, be forwarded to the City Council for re- consideration. Exhibit "A" 8 B. Information Required: The qualifying business shall provide the following information before any application is considered by the Economic Development Executive Board and the Citizens’ Advisory Review Committee: Sole Proprietorship: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns (signed) 4). Current Year to Date Profit and Loss Statement 5). Recent Balance Sheet (signed) 6). Other information as requested “S” Corporation: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns, if over 25% ownership (signed) 4). Two years complete Corporate Tax Returns (signed) 5). Current year to Date Profit and Loss Statement (signed) 6). Recent Balance Sheet (signed) 7). Other information as requested “C” Corporation: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns (signed), if over 25% ownership 4). Two years complete Corporate Tax Returns (signed) 5). Current year to Date Profit and Loss Statement (signed) 6). Recent Balance Sheet (signed) 7). Other information as requested General Partnership: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns, if over 25% partnership (signed) 4). Two years complete Partnership Tax Returns (signed) and K-1s for all partners 5). Current year to Date Profit and Loss Statement (signed) 6). Recent Balance Sheet (signed) 7). Other information as requested Exhibit "A" 9 Limited Partnerships: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns (signed) and K-1s for all partners 4). Complete copy of Partnership Agreement for Partnership 5). Other information as requested Limited Liability Companies: 1). Submit a Grand Island Economic Development Loan Fund Application 2). Business Plan 3). Two years complete Individual Federal Tax Returns (signed) 4). Two years complete Entity Tax Returns (signed) and K-1s for all partners 5). Current Year to Date Profit and Loss Statement 6). Recent Balance Sheet (signed) 7). Other information as requested C. Verification Process: 1). Credit check 2). Dun and Bradstreet Credit Report 3). Examine information required 4). Examine internal records 5). Obtain oral and written verification of application information 6). Other investigations as may be deemed necessary SECTION VIII. PROCESS TO ENSURE CONFIDENTIALITY OF BUSINESS INFORMATION RECEIVED In the process of gathering information about a qualifying business, the Economic Development Corporation and City may receive information about the business that is confidential and, if released, could cause harm to such business or give unfair advantage to competitors. The Economic Development Corporation and City shall endeavor to maintain the confidentiality of business records that come into its possession. To protect businesses applying for assistance and to encourage them to make full and frank disclosure of business information relevant to their application, the Economic Development Corporation and City will take the following steps to ensure confidentiality of the information it receives: 1) The adoption of a City ordinance that makes such information confidential and punishes disclosure. 2) A restriction of the number of people with access to the files which files will be maintained in the Economic Development Corporation Office, who shall be primarily Exhibit "A" 10 responsible for their safekeeping and any distribution of information contained therein, and 3) Require personnel involved in the Program Review, including Economic Development President, secretarial staff assisting the President, Citizens’ Advisory Committee, and City staff, to sign statements of confidentiality regarding all personal and private submittals by qualified businesses. SECTION IX. ADMINISTRATION SYSTEM FOR ECONOMIC DEVELOPMENT PROGRAM A. Program Administration 1). The Community Projects Director will administer the Economic Development Plan and Program. 1).2). The Program Administrator City Administrator and Community Projects Director will also serve as ex-officio members of the Citizens’ Advisory Review Committee hereinafter established, which Committee will hold regular meetings to review the functioning and process of the Economic Development Program and advise the governing body of the City with regard to the Program. 2).3). The Program AdministratorCommunity Projects Director, in cooperation with the Economic Development President, will review on a regular basis the progress of ongoing projects to ensure the qua lifying businesses are complying with the terms of any approved project. 3).4). The Economic Development President and the Program Administrator City Administrator or designee will advise the Mayor and City Council as regards the status of ongoing projects in the Economic Development Program. 4).5). A 3% fee will be retained by the City of Grand Island for program administration. The 3% fee will be retained in the City’s general fund. SECTION X. PROCESS TO ASSURE LAWS, REGULATIONS AND REQUIREMENTS ARE MET BY THE CITY AND QUALIFYING BUSINESSES The City will assure that all applicable laws, regulations, and requirements are met by the City and the qualifying businesses that will receive assistance as follows: A. Program Review The Ordinance establishing the Program shall provide for the creation of a Citizens’ Advisory Committee to: 1). Review the functioning and progress of the Economic Development Program at regular meetings as set forth by ordinance and to advise the governing body of the City with regard to the Program, and Exhibit "A" 11 2). Report to the City Council on its findings and suggestions at a public hearing called for that purpose at least once in every six-month period after the effective date of the ordinance. B. Monitor Participating Businesses The Program Administrator Community Projects Director in cooperation with the Economic Development President or appointed contract loan administrator will conduct reviews on a regular basis to ensure that qualifying businesses are following the appropriate laws and regulations and meeting the terms and conditions of assistance. C. Monitor Regulatory Changes The City Attorney will be responsible for keeping the City informed of relevant changes in the law that could affect the Economic Development Program and will review Agreements, Deeds, Leases, Deeds of Trust, Promissory notes, security documents, personal and/or corporate guarantees and other documents relating to specific projects or to the Program as a whole. D. The City shall provide for an annual, outside, independent audit of it’s Economic Development Program by a qualified private auditing business. SECTION XI. PURCHASE OF REAL ESTATE OR OPTION TO PURCHASE If and when real estate is to be purchased or optioned by the City under the Program, it should meet the following general criteria: 1). Be properly zoned with no excessive easements, covenants, or other encumbrances, and 2). Should conform and be able to be re-zoned to comply with the City’s or County’s Comprehensive Plan. 3). Can be located either within or outside of the City limits. The proceeds from the future sale of such land would be returned to the Economic Development Program Fund for reuse for any activities eligible in the Program or for additional land purchases. SECTION XII. INVESTMENT OF ECONOMIC DEVELOPMENT FUND The City will establish a separate Economic Development Program Fund. All funds derived from local sources of revenue for the Economic Development Program, any earnings from the investment of such funds, any loan payments, any proceeds from the sale by the City of assets purchased by the City under its Economic Development Program, or other money received by the City by reason of the Economic Development Program shall be deposited into the Economic Exhibit "A" 12 Development Fund. No money in the Economic Development Program Fund shall be deposited in the General Fund of the City except as provided by statute. A 3% administrative fee will be retained by the City for program administration. This fee will be retained in the General Fund. The City shall not transfer or remove funds from the Economic Development Fund other than for the purposes prescribed in the Act and this Program, and the money in the Economic Development Fund shall not be co-mingled with any other City funds. Any money in the Economic Development Fund not currently required or committed for the purposes of Economic Development shall be invested as provided in Section 77-2341 R.R.S. Nebraska. In the event the Economic Development Program is terminated, any funds remaining will be transferred as provided by statute to the General Fund of the City and will be used on an installment basis to reduce the property tax levy of the City as provided by the Act. Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney ORDINANCE NO. 8832 An ordinance to amend the economic development program for 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, at its July 22, 2003 meeting, the Grand Island City Council approved Ordinance No. 8830 which adopted an economic development program for the City of Grand Island which was prepared in conformity with Neb. Rev. Stat. §18-2710; and WHEREAS, since the original economic development program was drafted, there have been changes in the City staff which will necessitate changes in the plan to accomplish the purposes of the original enabling resolution; and WHEREAS, at its August 12, 2003 meeting of the Grand Island City Council, a public hearing was held pursuant to the requirements of Neb. Rev. Stat. §18-2715(2) for public input into the amendment of the plan. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City Council of Grand Island, Nebraska, hereby amends the Economic Development Program as adopted in Ordinance No. 8830 and the Economic Development Plan shall be as set forth in Exhibit "A" attached hereto and made a part hereof by this reference. SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. ORDINANCE NO. 8832 (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: August 12, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #8833 - Consideration of Repealing and Replacing Ordinance #8825 Regarding Vacation of the Plat for North Fork Subdivision At the July 8, 2003, City Council meeting Ordinance number 8825 was adopted which vacate the plat for the North Fork subdivision. This ordinance incorrectly stated that the property of the vacated plat would revert to the adjoining property owners. The ordinance should have stated that the property would revert to the owner or owners. Passage of this ordinance is recommended to correct this mistake. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney ORDINANCE NO. 8833 An ordinance to correct Ordinance No. 8825 pertaining to the vacation of the plat for North Fork Subdivision; to provide for the recording of this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, on July 8, 2003, by Ordinance No. 8825, the City Council for the City of Grand Island, Nebraska approved the vacation of the plat for North Fork Subdivision, with the City of Grand Island retaining all dedicated public right-of-way for Capital Avenue. WHEREAS, such ordinance incorrectly stated that the title to property vacated would revert to the owners of the real estate abutting the same. WHEREAS, it is necessary to correct and clarify that the title to the property vacated by Ordinance No. 8825 shall revert to the owner or owners of the subject real estate. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: * This Space Reserved for Register of Deeds * ORDINANCE NO. 8833 (Cont.) - 2 - SECTION 1. That the plat dated April 18, 1986 and approved by the City of Grand Island, Nebraska, on May 19, 1986 for North Fork Subdivision (Lot 1) is hereby vacated, provided and conditioned that the City of Grand Island hereby retains all dedicated public right- of-way for Capital Avenue. SECTION 2. That the title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 5. 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: August 12, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #8834 - Consideration of Amending City Sign Code to allow for additional Signage for Public Entity. Jeff Benson of Tri- City Sign Co. and Joseph Kutlas the Activities Director at Grand Island Senior High have submitted a request to allow for additional signage at Grand Island Senior High School. The existing Code provisions limit the allowable signage of Public Entities in residential zones to 150 square feet. The proposed ordinance provides for an increase in the allowable signage to two ground sign of 150 square feet adjacent to any two street frontages and wall signs of up to 300 square feet per sign with a total of 600 square feet per tract of land. Approval is recommended. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: CraigL City of Grand Island City Council Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney ORDINANCE NO. 8834 An ordinance to amend Chapter 31 of the Grand Island City Code; to amend Section 31-34 pertaining to public signs; to repeal Section 31-34 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 31-34 of the Grand Island City Code is hereby amended to read as follows: §31-34. Public Signs A sign which is owned and erected by or for the City of Grand Island, Hall County, or any public or private nonprofit school may be placed in any zoning district, provided: (A) The sign is for public identification purposes only and shall not advertise a product, service, or business activity; (B) The maximum size of such sign shall be 150 square feet. (C) Any public entity described above may be allowed the maximum signage on any of two street frontages provided the signs are separated by a distance of one hundred fifty (150.0) lineal feet measured adjacent to the street right-of-way. (D) Wall signs are allowable limited to one per building elevation and not to exceed three hundred (300.0) square feet per sign with a total of six hundred (600.0) square feet per tract of land. SECTION 2. Section 31-34 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. 8834 (Cont.) - 2 - Enacted: August 12, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Document - Civil Service Minutes of May 5, 2003. Receipt of Official Document - Civil Service Minutes of May 5, 2003. See attached MINUTES. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council City Of HR Department GRAND ISLAND Working Together for a Better Tomorrow. Today. MINUTES CIVIL SERVICE COMMISSION May 5, 2003 Roll Call: Members Present: Burns, Leeper, Hilligas Members Absent: None Also Present: Police Sergeant Leeper called the meeting to order at 8:30 a.m. Notice of the meeting was published in the May 2, 2003, edition of the Grand Island Independent. Hilligas moved to approve the minutes of the April 11, 2003, meeting. Burns suggested the minutes be changed to reflect in more detail the reason applicant Oswald was not certified to take the April 22, 2003, Police Civil Service exam. The correction was noted, Burns seconded the motion, which passed unanimously upon roll call vote. The Commission reviewed the results of the Police Officer exam administered on April 22, 2003. Hillgas moved that the candidates scoring 70% or higher, namely, Williams, Borgeling, Johnson, Webb, Kully, Wood, Watson, Wilson, Manivong, Greenwalt, Rogers, Hughes and Greenwood, be placed on the Police Officer Eligibility List. Burns seconded the motion, which passed unanimously upon roll call vote. The Commission received a request from the Police Department to certify names from the Eligibility List to fill one Police Officer position (Casares). As a result of a tie for third and fourth, Burns moved to certify the top four candidates, namely, Williams, Borgeling, Johnson and Webb. Hilligas seconded the motion, which carried unanimously upon roll vote. There being no further business, Hillgas moved to adjourn the meeting at 8:40 a.m. Burns seconded the meeting, which passed unanimously upon roll call vote. Respectfully submitted, Al Satterly, Secretary Designee Approved by Civil Service Commission: 7-22-03 Civil Service Commission Copies of approved Minutes to: City Clerk Item G2 Approving Minutes of July 22, 2003 City Council Regular Meeting The Minutes of July 22, 2003 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, August 12, 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 July 22, 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 July 22, 2003. Notice of the meeting was given in the Grand Island Independent on July 16, 2003. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Seifert, Pauly, Hornady, Walker and Haase. Councilmember Nickerson was absent. 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 Reverend Dominic Pecoraro, First Church of the Nazarene, 1022 West 6th Street. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Eleven individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Recognition of the Nebraska Sports Baseball Team for Winning the State Championship Title for 13 and Under Age Group and Placing 5th at National’s. Mayor Vavricek recognized the Nebraska Sports Baseball Team and their coaches for their win at state and national’s. PUBLIC HEARINGS: Public Hearing on Amendment to Community Redevelopment Authority (CRA) Redevelopment Plan and Authorizing Tax Increment Financing for Renovation of Facility at 208 North Pine Street. Doug Walker, City Attorney reported that at the June 3, 2003 meeting of the Community Redevelopment Authority, the CRA adopted Resolution #48 providing for an amendment to the Redevelopment Plan for Blight and Substandard Area #1, approving a redevelopment contract and giving notice of intent to enter into a redevelopment contract. A local development company, Procon, was redeveloping the property at 208 North Pine Street for use as an office building. The former City Hall had been vacant since October 1993. CRA Resolution #48 was provided to the City Council in the June 24, 2003 Agenda Packet. The proposed redevelopment contract provided for the use of tax increment financing for the redevelopment project. Tax increment financing was a mechanism whereby the increased property taxes for the improved property were used to pay for the improvements. The anticipated tax increment financing for this project was $169,267.00. State Statutes require that amendments Page 2, City Council Regular Meeting, July 22, 2003 to the Redevelopment Plan, to address specific projects, be considered by the Community Redevelopment Authority and Regional Planning Commission, in addition to the City Council. The Regional Planning Commission considered the Amendment at their meeting of July 2, 2003 and recommended approval. Notification of the proposed Amendment and Redevelopment Project was provided to all taxing entities and appropriate neighborhood associations. Bruce Schreiner, 3535 Grassridge Drive and Cindy Johnson, President of the Chamber of Commerce spoke in support. John Luna, 712 East 8th Street spoke in opposition. No further public testimony was heard. Public Hearing on Amendment to the RD Zone Final Development Plan for Pedcor Property. Chad Nabity, Planning Director reported that Pedcor Investments, as the owner was requesting an amendment to the RD Zone and Final Development Plan for the property located west of Highway 281 and north of Highway 34. This application proposed to amend the Final Development Plan for the Riverbend Apartments to include a small building for the water meter and roofed structure for the mailboxes on the site. The Regional Planning Commission at their regular meeting held July 2, 2003 unanimously voted to approve and recommend the Grand Island City Council approve this amendment to the Final Development Plan. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 4940 Goldcore Drive. (NECO PCS dba Nebraska Wireless Telephone Company) Gary Mader, Utilities Director reported that acquisition of a utility easement located along the north line of property located at 4940 Goldcore Drive, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used to lo cate underground primary cable and a pad mounted transformer. No public testimony was heard. ORDINANCES: Motion was made by Pielstick, to approve Ordinance #8819 on Final Reading, second by Whitesides. Upon roll call vote, all voted aye. Motion adopted. #8819 – Consideration of Annexation of Property Being Platted as Secundino Subdivision (Final Reading) Councilmember Pielstick moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered #8826 – Consideration of Creating Sanitary Sewer District #510, American Independence and Western Heights Subdivisions #8827 – Consideration of Amendment to the final Development Plan for the Pedcor Property #8830 – Consideration of Adopting Economic Development Plan 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 Page 3, City Council Regular Meeting, July 22, 2003 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 comment was heard. City Clerk: Ordinances #8826, #8827, and #8830 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #8826, #8827, and #8830 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. Motion was made by Pielstick, second by Hornady to approve Ordinance #8828. #8828 – Consideration of Changes to the Grand Island City Code Relative to Parking Terry Hahn, 888 Eilenstine Road spoke in opposition, Earl Hubbard, 07 Navajo Drive spoke concerning equal treatment, and Lewis Kent, 624 East Meves Avenue spoke in support and would like to see more enforcement. City Clerk: Ordinance #8828 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Seifert, Pauly, Hornady, and Haase voted aye. Councilmember Walker voted no. Motion adopted. City Clerk: Ordinance #8828 on final passage. All those in favor of the passage of this ordinances on final passage, answer roll call vote. Upon roll call vote, Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Seifert, Pauly, Hornady, and Haase voted aye. Councilmember Walker voted no. Motion adopted. Motion was made by Whitesides, second by Seifert to deny Ordinance #8829. #8829 – Consideration of Temporary Moratorium Relative to Commercial Signs Craig Lewis, Building Department Director and Chad Nabity, Planning Department Director spoke concerning the placement of signs and time frame of the moratorium. Mary Lee, 508 North Whites Avenue spoke in support. June O’Neill, 1002 Shady Bend Road and Holly Eckhout, Amherst, Nebraska spoke in opposition. Upon roll call vote to deny Ordinance #8829, all voted no. Motion failed. Motion by Pielstick, second by Seifert to approve Ordinance #8829. Page 4, City Council Regular Meeting, July 22, 2003 City Clerk: Ordinance #8829 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #8829 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8826, #8827, #8828, #8829, and #8830 are declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Seifert, second by Whitesides, carried unanimously to approve the Consent Agenda. Upon roll call vote, all voted aye. Receipt of Official Docume nt – Resignation Letter of Larry Seifert. Councilmember Seifert abstained. Receipt of Official Document – Tort Claim Filed by Tim and Mary Arends. Approving Minutes of July 8, 2003 City Council Special Meeting. Councilmember Gilbert abstained. Approving Minutes of July 8, 2003 City Council Regular Meeting. Councilmember Gilbert abstained. Approving Minutes of July 15, 2003 City Council Special Meeting. Councilmember Gilbert abstained. Approving Minutes of July 15, 2003 City Council Study Session. Approving Request of Sherry McKevitt, 800 Center Street, Wolbach, Nebraska for Liquor Manager Designation for Eagles Frat Order 378, 213 North Sycamore Street. #2003-200 – Approving Bid Award for Cooling Tower Fan Motor VFD’s at Platte Generating Station with Crescent Electric of Grand Island, Nebraska in an Amount of $122,035.40. #2003-203 – Approving final Plat and Subdivision Agreement for Secundino Subdivision. It was noted that Timothy Burke, owner, had submitted the final plat for Secundino Subdivision, located north of Capital Avenue and west of Sky Park Road. This plat proposed to create 3 lots on a currently unplatted parcel of land in the E 1/4 SE 1/4 Section 4, Township 11, Range 9. #2003-204 – Approving Amendment to Community Redevelopment Authority (CRA) Redevelopment Plan and Authorizing Tax Increment Financing for Former City Hall Redevelopment. Councilmember Pielstick voted no. #2003-205 – Approving Acquisition of Utility Easement Located at 4940 Goldcore Drive. (NECO PCS dba Nebraska Wireless Telephone Company) Page 5, City Council Regular Meeting, July 22, 2003 #2003-206 – Approving Bid Award for 500 MCM Power Cable with WESCO of Grand Island, Nebraska in an Amount of $167,162.40. #2003-207 – Approving Bid Award for Installation of Circuit Breakers with E.A. Pedersen Company of Omaha, Nebraska in an Amount of $1,229,344.00. #2003-208 – Approving Bid Award for Haz Mat Equipment with Elvin Safety Supply of Omaha, Nebraska in an Amount of $43,734.62; Mid Continent Safety of Omaha, Nebraska in an Amount of $492.40; Municipal Emergency Services of Snyder, Nebraska in an Amount of $1,001.00; Heiman Fire Equipment of Ashton, Iowa in an Amount of $34,181.00; Angel Guard Products of Worchester, Massachusetts in an Amount of $1,095.00; Fire Guard Inc. of Omaha, Nebraska in an Amount of $6,441.29; Ed M. Feld Equipment Company of Carroll, Iowa in an Amount of $7,152.00; and Search Systems Inc. of Bakersfield, California in an Amount of $23,130.01. #2003-209 – Approving Certificate of Final Completion with Chippewa Northwestern Railway Co. of Lincoln, Nebraska for Rebuilding Railroad Track at Stolley Park. #2003-210 – Approving Certificate of Final Completion with Platte Valley Construction Company LLC of Grand Island, Nebraska for Drainage Project 2002-D-2. #2003-211 – Approving Bid Award for Street Improvement District #1246, South Locust Street from Stolley Park Road to Fonner Park Road with Diamond Engineering Company of Grand Island, Nebraska in an Amount of $1,820,276.72. #2003-212 – Approving Continuation of Street Improvement District #1248, Faid ley Avenue from the Moore’s Creek Drainway East Towards Diers Avenue. #2003-213 – Approving Intersection Changes for Traffic Control at the Intersection of Seedling Mile Road and Seedling Mile Access Road. #2003-214 – Approving FY 2003-2004 Annual Budget for Business Improvement District #3, South Locust Street from Stolley Park Road to Highway 34, and Setting Date for Board of Equalization. #2003-215 – Approving FY 2003-2004 Annual Budget for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road, and Setting Date for Board of Equalization. #2003-216 – Approving FY 2003-2004 Annual Budget for Business Improvement District #5, Downtown, and Setting Date for Board of Equalization. #2003-217 – Approving Contract with Kenexa Corporation of Lincoln, Nebraska in an Amount of $30,000.00 for City Administrator Recruitment. Mark Moravec, 2804 Kingston Drive representing Associated Staffing spoke in opposition. Lewis Kent, 624 East Meves Drive asked the Council to use extreme caution when replacing this position. Page 6, City Council Regular Meeting, July 22, 2003 REQUESTS AND REFERRALS : Request of Walter Mauch for Permission to Use Memorial Park for a One-Day Petting Zoo and Animal Exposition. This item was pulled from the Agenda at the request of Walter Mauch. David Springer, Finance Director briefly explained sections in the proposed budget book that would be reviewed at next weeks budget hearing. PAYMENT OF CLAIMS: Motion by Seifert, second by Haase, carried unanimously to approve the Claims for the period of July 9, 2003 through July 22, 2003, for a total amount of $3,452,795.6. ADJOURNMENT: The meeting was adjourned at 8:55 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G3 Approving Minutes of July 29, 2003 City Council Special Budget Meeting The Minutes of July 29, 2003 City Council Special Budget Meeting are submitted for approval. See attached MINUTES. Tuesday, August 12, 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 SPECIAL BUDGET MEETING July 29, 2003 Pursuant to due call and notice thereof, a Special Budget 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 July 29, 2003. Notice of the meeting was given in the Grand Island Independent on July 23, 2003. Mayor Jay Vavricek called the meeting to order at 6:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, 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. ADJOURN TO SOLID WASTE AGENCY: Motion was made by Pielstick, second by Hornady, carried unanimously to adjourn to the Solid Waste Agency. Public Hearing on Proposed FY 2003-2004 Grand Island Area Solid Waste Agency Budget. Steve Riehle, Public Works Director reported that State law required a Public Hearing on the proposed annual budget and that the Agency budget was the same as the City Solid Waste Division budget (Fund 505). A power point presentation was presented explaining the Solid Waste Agency. This agency was formed in August 1992 and was comprised of Hall County and the City of Grand Island. This was an enterprise fund and received no support from the General Fund. There was no rate increase recommended for October 2003 through September 2004. No public testimony was heard. #2003-SWA-1 – Approving Adoption of FY 2003-2004 Annual Budget for the Grand Island Area Solid Waste Agency. Betty Curtis representing the Clean Community System spoke concerning a regional facility. Motion by Pielstick, second by Hornady, carried unanimously to approve Resolution #2003-SWA-1. RETURN TO REGULAR SESSION: Motion by Hornady, second by Walker, to return to Regular Session. Upon roll call vote, Meyer, Pielstick, Gilbert, Nickerson, Seifert, Pauly, Hornady, Walker, and Haase voted aye. Councilmember Whitesides voted no. Motion adopted. PUBLIC HEARING: Public Hearing on Proposed FY 2003-2004 City Single Budget. Marlan Ferguson, City Administrator, reported that State law required a public hearing on the proposed City Single Budget. Shelly Pointer representing the Crisis Center, 424 West 3rd Street spoke concerning a Page 2, City Council Special Budget Meeting, July 29, 2003 request for extra funding due to the fact that the Family Violence Coalition was closing and the Crisis Center would take over some of those duties. Kerry Garza, Family Violence Coalition spoke in support of funding the Crisis Center extra money that would have gone to the Family Violence Coalition. No further public testimony was heard. REVIEW OF SALARY ORDINANCE: Human Resources Director Brenda Sutherland presented the proposed salary ordinance. She mentioned that the largest expense to the City was the same as that for most private employers. That expense being its "personnel costs". The City had no more important asset than its employees. Ms. Sutherland stated we had many impressive facilities in our municipal government - City Hall, our power plants, fire stations, etc., but they were nothing more than bricks and mortar. It was the people that worked in those facilities that made it all happen. The high level of service that our citizens had come to know and expect was delivered by many top notch individuals. During this budget session the focus would be on the projected changes in wages for the 2004 budget year, changes in FTE's for departments and an additional benefit for non-union employees that would provide a benefit to the employees and a cost savings to the City. Presented were the negotiated changes to the agreements for Fire, Police and AFSCME. The Fire Department contract specified a 4% COLA. The Police Department contract specified a 3.5% COLA and the employees covered under the AFSCME contract were to receive a 2.5% COLA. The amount to be paid to IBEW employees was yet to be determined as contract negotiations were underway. A 2% COLA was being proposed for non-union employees. Non-union positions were surveyed and the recommended changes averaged around 1.3% excluding Utilities. Non-union Utilities positions averaged a 5.6% change. Many positions did not have a change recommended and some departments had no changes department wide. Ms. Sutherland stated when looking at the cha nges to this next year's budget the percentage change was higher than those mentioned above. It was important to remember that in addition to the proposed COLA's and position adjustments, there was also movement between salary steps for those employees that were not at the top step in their pay scale. Reviewed was the "Request for FTE" which summarized the proposed changes to the FTE's for Fiscal Year 2003-2004. The term FTE means full time equivalent. FTE's that were being reduced were; Downtown Development Director, Assistant Superintendent - Solid Waste, Computer Operator - I.T., Accountant, Accounting Clerk II, Legal Clerk and Community Projects Director. Classifications that were being requested for additions were; GIS Technician to be split between I.T. and Public Works, a Computer Programmer to reclassify a current employee, Maintenance Worker I - Wastewater, Temporary Clerk - Wastewater, Environmental Clerk, Engineering Tech. and URD Crew Chief - Electric, Sr. Accountant - Finance, Telecommunicator - Emergency Management and a Maintenance Worker - Parks. Ms. Sutherland stated the Council had expressed an interest in pursuing a benefit for non-union employees called a PEHP or an HRA. Both of these were a benefit to help employees pay for health related benefits after they were no longer employed by the City. Proposed was redirecting 1% of the non-union wages into an account that would go in tax free, grow tax free and come out Page 3, City Council Special Budget Meeting, July 29, 2003 tax free to the employee after they had left the employ of the City. Currently, for every $1 that the City pays an employee, it costs the City roughly $1.14 and the employee receives somewhere in the neighborhood of $.59. This would save the City the additional $.14 and give the employee the whole dollar. Both sides benefit and the employee now would ha ve a benefit in place that would help them with the problem of handling healthcare costs in retirement or transition. Discussion was had concerning the salary survey, comparability, step raises, zero based budgeting, and full-time equivalent (FTE). REVIEW OF OUTSIDE AGENCIES: David Springer, Finance Director discussed the Outside Agencies requests and staff recommendations as follows: CHARITABLE AGENCIES 2003-2004 Staff Organization Request Recommend Community Humanitarian Resource Center $ 7,400 $ 4,500 Convention and Visitors Bureau $10,000 $10,000 Council for International Visitors $ 1,000 $ 1,000 Crisis Center $13,000 $10,200 Family Violence Coalition of Central NE $10,000 --------- G.I. Dive and Rescue Team – Trailer $ 2,900 --------- Retired and Senior Volunteer Program $10,000 $10,000 Senior Citizens Industries, Inc. $15,000 $15,000 Totals $69,300 $50,700 AGENCIES WITH WORKING RELATIONSHIPS WITH CITY DEPARTMENTS Central Nebraska Humane Society $187,500 $160,000 Central Nebraska Health Department $150,000 $125,000 Clean Community Systems $ 20,000 $ 20,000 $357,500 $305,000 Councilmembers Meyer and Seifert spoke of concerns about increasing the Outside Agencies while cutting back in our own city department funds. Mr. Springer stated the only increase was to the Central Nebraska Humane Society and the Clean Community Systems. Councilmember Whitesides suggested that all Outside Agencies be given the same amount as last year. Discussion was had concerning the request of the G.I. Dive and Rescue Team, in which Councilmember Hornady mentioned that last year was a one time expense for the City at their request. Councilmember Nickerson recommended a $10,000 increase to the Central Nebraska Humane Society, since we would not be funding the Family Violence Coalition. Brad Loeb representing the G.I. Dive and Rescue Team spoke concerning their $2,900 request. Insurance costs and day-to-day operations were the reason for the request. Discussion was had regarding the Regional Health Department’s request, tobacco monies, and services provided to the surrounding counties. Page 4, City Council Special Budget Meeting, July 29, 2003 The City Council took a 10 minutes break at 8:05 p.m. BUDGET OVERVIEW: David Springer, Finance Director cautioned the Council concerning capital projects and capital fund budgets where revenues were down and expenditures were up. He mentioned capital spending needed to be looked at closely. Nine major funds made up the City budget. Mill Levy/Property Tax Asking: Property valuation was up approximately 3% with final numbers to be given to the City by the County Assessor by August 20, 2003. The Mill Levy had been held steady over the last several years. Mr. Springer mentioned there was the possibility of increasing property taxes. General Fund Summary: Projected $7.1 million for FY 2003-2004 City Budget ending cash balance which was down from $12 million for FY 2002-2003. Discussion was held with regards to spending more than we were taking in. Personnel costs and capital costs were the majority of the budget expenses. City Administrator Marlan Ferguson stated that part of the decrease in reserves was due to the fact that several major projects had been completed such as the South Locust Project. Revenue/Expenditure Analysis: Mr. Springer stated revenues were down just short of $1 million and expenditures were up. Grant money was discussed in which we would probably not get as much money in this fiscal year as last. Transfers were reviewed with approximately $2.9 million coming in from Gas Tax. Transfers out were mentioned with approximately $1.9 million going to Capital Projects. General Fund Five-Year Capital and 400 Fund: Highlights mentioned in the General Fund Five- Year Capital and 400 Fund were: 1) Police Department - computers in the patrol vehicles, replacement patrol vehicles, radars and mobile videos 2) Public Works Department - asphalt roller, pickups and right-of-way acquisition 3) Fire Department - building improvements, equipment and ambulance; 4) Finance Department - integrated accounting software; 5) Building Inspection – vehicle; and 6) Library – Automation System Enhancements and lawn mower. DEPARTMENT REVIEWS: Public Works Department: Steve Riehle, Public Works Director reported on the Capital 400 Projects for the Public Works Department. A power point presentation was given on the Independence Avenue Project. The proposed budget for the Northwest Transportation was $1.6 million. Wendy Cox, 1729 Lariat Lane, requested that the discussion on extending Independence Avenue be postponed until Wednesday, July 30, 2003 at 6:00 p.m. as several other residents could not make this meeting. Councilmember Pielstick asked if she had just been made aware of this proposal. Ms. Cox stated they received a letter in the mail 10 months ago but was not aware of what was being done and felt the City should have notified them at that time. Linda Potter, 1727 Page 5, City Council Special Budget Meeting, July 29, 2003 Lariat Lane and Gary Horne, 1717 Lariat Lane spoke concerning the lack of notification with regards to this project. Mentioned were concerns of privacy, safety, and cost. Councilmember Nickerson mentioned a 6’ privacy fence along this road which would be at the expense of the City. A lengthy discussion was had concerning the traffic flow on Independence Avenue, Mansfield Road, and Cannon Road. Councilmember Pielstick stated that this issue had been discussed and budgeted for years and was still not done. Motion was made by Seifert to continue the Independence Avenue expansion project as had been agreed upon in the past by Council and proceed with construction, second by Pielstick. Upon roll call vote, Councilmembers Meyer, Whitesides, Pielstick, Siefert, Pauly, and Hornady voted aye. Councilmembers Gilbert, Nickerson, Walker and Haase voted no. Motion adopted. ADJOURNMENT: The meeting was adjourned at 10:20 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G4 Approving Minutes of July 30, 2003 City Council Special Budget Meeting The Minutes of July 30, 2003 City Council Special Budget Meeting are submitted for approval. See attached MINUTES. Tuesday, August 12, 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 SPECIAL BUDGET MEETING July 30, 2003 Pursuant to due call and notice thereof, a Special Budget 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 July 30, 2003. Notice of the meeting was given in the Grand Island Independent on July 23, 2003. Mayor Jay Vavricek called the meeting to order at 6:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, 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. RESERVE TIME TO SPEAK ON AGENDA ITEMS: No individuals reserved time to speak on agenda items. DEPARTMENT REVIEWS: Marlan Ferguson, City Administrator reviewed the discussion from last night’s meeting concerning the Outside Agencies funding. Mentioned was the need to take action by the Council to give direction to City staff in completing the budget. Motion by Pielstick, second by Meyer to fund the Outside Agencies as follows: Community Humanitarian Resource Center $ 4,500 Convention and Visitors Bureau $10,000 Council for International Visitors $ 1,000 Crisis Center $12,000 G.I. Dive and Rescue Team $ 2,500 Retired and Senior Volunteer Program $10,000 Senior Citizens Industries, Inc. $15,000 Total $55,000 Motion by Hornady to amend the original motion to eliminate the G.I. Rescue Team funding in the amount of $2,500. Second by Whitesides. Upon roll call vote, Whitesides, Pauly, and Horandy voted aye. Councilmembers Meyer, Peilstick, Gilbert, Nickerson, Seifert, Walker, and Haase voted no. Motion failed. Page 2, City Council Special Budget Meeting, July 30, 2003 Upon roll call vote on the original motion, Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Seifert, Pauly, Walker, and Haase voted aye. Councilmember Hornady voted no. Motion adopted. Motion by Whitesides, second by Seifert to approve the following: Central Nebraska Humane Society $150,000.00 Upon roll call vote, Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Pauly, Hornady, Walker, and Haase voted aye. Councilmembers Siefert voted no. Motion adopted. Councilmember Haase commented on funding the Central Nebraska Humane Society more than the Health Department. Councilmember Pielstick requested that in the future the Humane Society budget not be discussed with the Outside Agencies as it was part of the Police Departments budget. Motion by Whitesides, second by Seifert to approve the following: Central Nebraska Health Department $125,000.00 Councilmember Nickerson made a motion to amend the original motion to include an additional $10,000 for the Central Nebraska Health Department. Second by Seifert. Upon roll call vote, Gilbert, Nickerson Seifert, Pauly, Hornady, and Haase voted aye. Councilmembers Meyer, Whitesides, Pielstick, and Walker voted no. Motion adopted. Upon roll call vote on the original motion with the amendment of $10,000 included, Councilmembers Gilbert, Nickerson, Seifert, Hornady, and Haase voted aye. Councilmembers Meyer, Whitesides, Pielstick, Pauly, and Walker voted no. Mayor Vavricek exercised his Mayoral right to break the tie vote by voting in favor of approving this motion. Motion adopted. Public Works Department: Steve Riehle, Public Works Department Director reviewed the capital projects for the Public Works Department. Presented were projected requests for drainage projects in the amount of $175,000. Discussion was held concerning moving $150,000 for Storm Water Planning – Land Acquisition to 2005 and 2006. It was the consensus of the Council to move the Platte Valley Industrial Site, Cells to Wood River in the amount of $372,000 to 2005. Cottonwood Lake Improvements in the amount of $40,000 was lowered to $20,000. Major Drainage Development in the amount of $200,000 was moved to 2005. Line Drainage Concrete Ditch in the amount of $50,000 was reduced to $35,000. Moores Creek Ditch in the amount of $140,000 and Wood River Bridge Replacement at Blaine Street in the amount of $80,000 were left as requested. Stolley Park Road Widening on Highway 281 to ¼ mile west in the amount of $600,000 was left. Finance Director David Springer mentioned that this project was part of an agreement with Case New Holland. South Locust Bridges in the amount of $2,430,000 was discussed as part of the Nebraska Department of Roads and matching funds. Councilmember Whitesides commented on the Page 3, City Council Special Budget Meeting, July 30, 2003 importance of the South Locust interchange project. Annual Paving Program in the amount of $400,000 was discussed and left as requested. Paving districts would be created with assessments being charged to the property owners. South Locust from Stolley Park Road to Fonner Park Road in the amount of $1,050,000 should be $1,200,000 of this amount $150,000 would be returned through the CRA. Councilmember Walker requested this item be moved to 2005. Mr. Riehle stated the contract had been awarded about a month ago. Annual Sidewalk Projects - $50,000 was left as requested. Landscape Gateway - $25,000 was moved to 2005. Discussion was had by Council concerning traffic issues along Highway 281 with regards to flashing traffic signals. Council consensus for Traffic Signal Improvements - $25,000 was increased to $45,000. Discussion was held concerning Fiber Optic Connections in the amount of $150,000. David Springer, Finance Director recommended lowering this amount of $100,000. Additional funds in the amount of $125,000 was added to the 400 Fund for Non-Departmental - Transfer of Land. Council took a 10 minute break at 7:45 p.m. Parks and Recreation Department: Steve Paustian, Parks and Recreation Director reviewed the Parks and Recreation Department’s 400 Capital Funds. CAAP Land Development (rifle range) – $400,000; Misc. Park Projects - $50,000; and Resurface Various Park Roadways - $35,000 were left as requested. Hiker/Biker Trails - $500,000 (contingent upon 80% funding from the State for trails to Hall County Park and South Locust Street). Mr. Paustian requested that if grant funding was not available, he would like to be able to use $200,000 for the trails. Motion was made by Whitesides, second by Seifert to maintain the $500,000 appropriation as had been done in the past. Upon roll call vote, all voted aye. Motion adopted. Asphalt for Cemetery - $30,000; Soccer Fields, Fencing, Parking Lots, Trees - $150,000; Ball Fields - $100,000; Chevron Park - $100,000; Shoemaker Park, 5 acres - $150,000; Community Picnic Shelter - $90,000; and Arboretum - $60,000 were left as requested. L.E. Ray Lake was discussed with no capital funds proposed for 2004 budget. The Parks and Recreation Department Operating Funds were reviewed. Gregg Bostelman, Parks Maintenance Superintendent answered questions concerning mowing versus mulching. Motion by Pielstick to approve the Parks and Recreation Budget with the exception of replacing 3 mowers. Approval to replace the two older mowers only. Second by Meyer. Upon roll call vote, all voted aye. Motion adopted. Public Works Operating Funds: Steve Riehle, Public Works Director presented his requests for the operating funds for the Public Works Department. Mentioned was the removal of a vehicle in the amount of $18,000 for the Engineering Division. Discussed were changes in operating expenses due to GASB, which were in the capital funds last year. Mr. Riehle stated his operating expenses for the Public Works Department were off-set by the gas taxes received from the state. Page 4, City Council Special Budget Meeting, July 30, 2003 Motion by Pielstick, second by Walker to approve the Public Works Street & Transportation and Engineering Budgets minus the vehicle purchase for $18,000. Upon roll call vote, all voted ayes. Motion adopted. Wastewater Treatment Budget: Steve Riehle, Public Works Director discussed the request for additional employees and equipment. Stated was that this was an Enterprise Fund. Fleet Services Division: Steve Riehle, Public Works Director briefly reviewed this budget. This division provides for City owned vehicle/equipment repair. Council took a 10 minute break at 9:30 p.m. Police Department: Police Chief Kyle Hetrick reviewed the Police Department’s operating fund. Discussed was the Union Contract for 3.5% increase in personnel costs. Mentioned was a $150,000 error in the budget with regards to computer services and an $11,000 reduction in contract services. Miscellaneous operating equipment was budgeted at $65,000. Chief Hetrick requested an increase in this line item to replace existing police equipment. Requested was the transfer of $11,000 from the computer services line item to be added to this line item for a total of $76,000. Capital outlay was discussed with replacing 7 marked cars, but the budget reflected 8 marked cars for a total amount of $249,000. Chief Hetrick stated $172,750 could be reduced in this budget. Discussed by the Council was police car replacement which currently was on a two year rotation. Councilmember Whitesides recommended that Council take a good look at the following programs and whether these should be funded: 1) Bicycle Patrol 2) SWAT 3) Spillman Computer System. Chief Hetrick explained overtime expenses were due to Airport security issues, which were refunded to the City. 25% of overtime costs were due to Court appearances by the Officer’s. Mentioned was that this was a 24/7/365 operation. Whitesides recommended hiring an independent study to look at the Spillman Computer System to see if this was the best system for the Police Department. City Administrator Marlan Ferguson stated this issued needed to be looked at closely. Councilmember Walker recommended that a Study Session be conducted regarding the programs being conducted by the Police Department. Councilmember Pielstick questioned whether the Spillman System was operational. Chief Hetrick stated it was except for the lack of tower cells which affected the computers in the cars. Councilmember Horandy questioned if the problems were with the system or the vendor. Chief Hetrick stated it was the slowness of the project. Councilmember Walker questioned who decided to implement these extra programs. City Administrator, Marlan Ferguson stated if there were monies involved they should come before Council. Some of these programs had been approved by the City Administrator. Councilmember Gilbert mentioned the overtime issues and questioned if it was driven by a lack of officers. Chief Hetrick stated he did not feel this was the case, but that it was just the nature and demographics of the City. Page 5, City Council Special Budget Meeting, July 30, 2003 Councilmember Pielstick and Whitesides requested that we hold off approving this budget until tomorrow night’s meeting to give Council a chance to think about these issues and visit with other Department Director’s. It was recommended that all Department Director’s be present at tomorrow night’s meeting. ADJOURNMENT: The meeting was adjourned at 10:30 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G5 Approving Minutes of July 31, 2003 City Council Special Budget Meeting The Minutes of July 31, 2003 City Council Special Budget Meeting are submitted for approval. See attached MINUTES. Tuesday, August 12, 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 SPECIAL BUDGET MEETING July 31, 2003 Pursuant to due call and notice thereof, a Special Budget 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 July 31, 2003. Notice of the meeting was given in the Grand Island Independent on July 23, 2003. Mayor Jay Vavricek called the meeting to order at 6:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, 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. RESERVE TIME TO SPEAK ON AGENDA ITEMS: No individuals reserved time to speak on agenda items. DEPARTMENT REVIEWS: Councilmember Walker commented on the council’s responsibility of approving the budget. Motion by Pielstick to approve the Police budget with the following changes: Contract Services $188,000 Vehicles $19,000 (Unmarked) Vehicles $91,000 (4 Marked Vehicles) Motorcycles $14,500 (1 Motorcycle) Savings $112,750,000 Computer Service ($150,000) correction Add Computer Service $4,000 Total $6,296,340 Second by Whitesides. Police Captain Pete Kortum was present to answer questions in the place of Police Chief Kyle Hetrick who was on vacation. Discussion was held concerning replacing the vehicles, motorcycles, and equipment. Councilmember Meyer stated he would like to see the $11,000 from Contract Services moved to Miscellaneous Equipment. Councilmember Gilbert suggested that all purchases of computer equipment be placed in a separate technology budget to Page 2, City Council Special Budget Meeting, July 31, 2003 be reviewed by technology experts. Finance Director David Springer stated they had talked about that and thought it was a good idea. Councilmember Pielstick requested the following: 1) all new or expanded programs be put on hold 2) an independent audit be done of all programs 3) have the Police Department come to a Study Session as soon as possible with last year’s revenue and expenses 4) invite Mark McCue from Ryder Rosacker McCue & Huston to the Study Session to discuss insurance 5) have the City Attorney provide a copy of the contract with the County given to each council member 6) Requested that the City Attorney inform the County by letter that if Spillman is not complete and running by the last meeting of April 2004, we would terminate the contract by terms listed in the contract with a 90 day notice Councilmember Whitesides requested each line item be discussed by Council on any new programs for the Police Department. Motion was made by Siefert to refer this issue to the August 12, 2003, Regular City Council Meeting for further discussion. Second by Pauly. Upon roll call vote, Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Seifert, Pauly, Hornady, and Haase voted aye. Councilmember Walker voted no. Motion adopted. Building Department: Councilmember Nickerson questioned the line item for a new vehicle. Craig Lewis, Building Department Director commented on the need for adding another vehicle for the use of the Building Department inspectors. Building inspection fees were also discussed. Councilmember Nickerson questioned an inspection program for rental property. Mr. Lewis stated he had looked into this and there really was not a good way to do that. Motion by Nickerson to approve the Building Department budget as submitted. Second by Pauly. Upon roll call vote, all voted aye. Motion adopted. Emergency Management Department: Howard Maxon, Emergency Management Director mentioned that this was a joint budget with Hall County and that Hall County had not had their budget hearings yet. Councilmember Haase questioned the 2006 amount of $285,000 for replacing the Outdoor Warning System. Motion by Nickerson to approve the Emergency Management budget as presented. Second by Seifert. Upon roll call vote, all voted aye. Motion adopted. Human Resources Department: Councilmember Haase questioned the new PEHP Program or HRA program and whether it would be voluntary or mandatory. Brenda Sutherland, Human Resources Director commented that it would be mandatory. Motion by Walker to approve the Human Resource budget as submitted. Second by Whitesides. Upon roll call vote, all voted aye. Motion adopted. Page 3, City Council Special Budget Meeting, July 31, 2003 Motion by Whitesides, second by Seifert to approve the process to go ahead and look into a PEHP Program or HRA Program for all non-union employees. Upon roll call vote, all voted aye. Motion adopted. Library: Steve Fosselman, Library Director commented on the $7.3 million budgeted in 2006 for the library expansion and the seven-member Library Board who would come to a Council Study Session to present the plans for expansion. Also discussed was the Bookmobile, which was contracted through the County. Motion by Walker, second by Seifert to approve the Library budget as submitted. Upon roll call vote, all voted aye. Motion adopted. Planning Department: Chad Nabity, Planning Department Director was present to discuss the Planning Department budget. Mentioned was that this department was joint with Hall County. Motion by Whitesides, second by Pielstick to approve the Planning Department budget as submitted. Upon roll call vote, all voted aye. Motion adopted. Utility Department: Gary Mader, Utilities Department Director reviewed the highlights of the Utilities budget. Mentioned were the continued growth of the city and that there would be no rate increases. Stated was the completion of the Downtown Underground Project. Mr. Mader mentioned the need for additional feeder circuits and the largest expense in the budget was the replacement of circuit breakers. Also budgeted was expansion in the Old Thompson building on North Front Street. Additional personnel were presented due to work load. Utility rates were discussed as being one of the lowest in the nation. Councilmember Gilbert requested a presentation concerning more information on underground projects. David Springer, Finance Director pointed out there were funds budgeted for an Omaha Public Power District agreement. Motion by Seifert, second by Whitesides to approve the Utilities budget as presented. Upon roll call vote, all voted aye. Motion adopted. Water Utility Department: Gary Mader, Utilities Department Director mentioned several corrections in the Proposed Budget Book with regards to personnel. Motion by Pielstick, second by Walker to approve the Water Utility budget as presented. Upon roll call vote, all voted aye. Motion adopted. Council took a 10 minute break at 7:40 p.m. Fire Department: Fire Chief Jim Rowell reviewed the highlights of the Fire Department’s budget. Personnel correction of 15 Captains instead of 14 and 21 Firefighter/EMT’s instead of 22 were noted. Equipment replacement of one ambulance for 2003/2004 was mentioned. Discussed was an increase to the Capital Outlay - Building Improvements for exhaust systems in the fire stations. Motion by Pielstick, second by Meyer to approve the Fire Department and EMS budgets as presented. Upon roll call vote, all voted aye. Motion adopted. Fire Chief Rowell commented about ongoing grant applications and monies received from grants. Page 4, City Council Special Budget Meeting, July 31, 2003 Other Departments: Discussion was had concerning GITV transmitter for Channel 56. It was mentioned that the transmitter was supposed to be shipped at the end of next week. Several line items were discussed with regards to the Finance Department. Motion by Pielstick, second by Seifert to approve the rest of the department’s budgets not discussed as presented. Upon roll call vote, all voted aye. Motion adopted. City Administrator Marlan Ferguson commented on the timeline for approving the final FY 2003-2004 City Budget. The Police Department budget would be discussed at the August 12, 2003 Regular Meeting and Council would vote on the final FY 2003/2004 City Budget on August 26, 2003 Regular Meeting. The Mill Levy would be set on September 9, 2003. ADJOURNMENT: The meeting was adjourned at 8:25 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G6 Approving Appointment of David Springer as Interim City Administrator The Mayor has submitted the appointment of David Springer, Finance Director, to serve as the Interim City Administrator. Mr. Springer will serve in this capacity effective August 28, 2003 until a new City Administrator is hired. Approval is recommended. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G7 Approving Appointments to the Building Code Advisory Board The Mayor has submitted the appointments of Marv Webb, Richard Willis, Holger Honore, and Joe Carter to the Building Code Advisory Board. These appointments will be effective August 1, 2003, and will expire on August 1, 2005. These individuals will complete a seven- member board of knowledgeable professionals empowered to rule on appeals of orders, decisions, or determinations made by the Building Department relative to the application and interpretation of the building code. The Board of Appeals shall have no authority relative to interpretation of administrative provisions of the code, nor shall the Board be empowered to waive requirements of the building code. Approval is recommended. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G8 Approving Appointment of Peg Gilbert as the Natural Gas Rate Area Representative and Margaret Hornady to the Systems Information Advisory Board With Council approval, the Mayor would recommend appointing Peg Gilbert as the Natural Gas Rate Area Representative and Margaret Hornady to the Systems Information Advisory Board, to finish out the term of Gale Larson who resigned on June 17, 2003. The terms would be effective immediately and end on December 9, 2003. Approval is recommended. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G9 Approving Request of Fonner Park Exposition and Events Center, Inc., for Ratification of Election of Board of Directors At the December 21, 1998 City Council Meeting, Resolution #98-332 was adopted supporting the application of Fonner Park to the Internal Revenue Service for a 501(c)(3) exemption for construction and operation of an Exposition and Events Center. This approval created the formation of the Fonner Park Exposition and Events Center, Inc. The Internal Revenue Service requires the election of the members of the Board of Directors of Fonner Park Exposition and Events Center, Inc. be ratified by the Grand Island City Council. The appointments of Brian Hamilton, George Wanitschke, Vince Dowding, Hugh Miner, Jr., and John R. Browenell to the Board of Directors for the Fonner Park Exposition and Events Center, Inc. are recommended. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G10 #2003-218 - Approving Change to City Council Meeting Dates for September 2003 On January 14, 2003, City Council approved Resolution #2003-21 setting the City Council meeting dates for 2003. Due to the Labor Day holiday on Monday, September 1, 2003, it is necessary to amend the City Council meeting dates for the month of September 2003. It is recommended that the City Council Study Session scheduled for September 2, 2003 be changed to September 30, 2003 at 7:00 p.m. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approv ed as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-218 WHEREAS, on January 14, 2003, by Resolution 2003-21, the City Council approved the meetings dates for city council meetings and city council study sessions for calendar year 2003; and WHEREAS, due to the Labor Day holiday, it is necessary to amend the dates on which the City Council will meet for Study Session in September of 2003. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council Study Session scheduled for September 2, 2003 will be changed to September 30, 2003 at 7:00 p.m. - - - Adopted by the City Council of the City of Grand Island, Nebraska on August 12, 2003. _____________________________________ RaNae Edwards, City Clerk Item G11 #2003-219 - Approving Proposed Use of Local Law Enforcement Block Grant Funds This item relates to the aforementioned Public Hearing. The Grand Island Police Department is eligible for federal Local Law Enforcement Block Grant (LLEBG) funds annually. This year, our award is $27,409.00. Because of Hall County being federally designated as a “disparate community”, 25% of the funds will be awarded to the Hall County Sheriff’s Office. Our share, including the city’s 9% match of $1,665.10 comes to $20,266.18. The grant funds can only be used for police equipment costs. There is a federal mandate that requires a public hearing regarding the dispersing of the block grant funds. Additionally, a grant advisory board is required to meet to discuss allocation of the funds. In August of 2003, members of the grant advisory board consisting of Dr. Kent Mann, Jerry Janulewicz, Carol Castleberry, Charlotte Lanhndorf, and I discussed the 2003 grant. The grant funds are tentatively allocated for the following: portable radios, replace radio batteries, and replacement batteries for our patrol officers rechargeable flashlights. As in years past, I would propose that not all of these funds be specifically earmarked because of unforeseen equipment needs. Approval is recommended. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Kyle Hetrick City of Grand Island City Council Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-219 WHEREAS, the Grand Island Police Department has received notification that they have been awarded $20,266.18 in grant funds from the Local Law Enforcement Block Grants (LLEBG) program; and WHEREAS, the funds are to be used for police equipment, not personnel costs; and WHEREAS, a public hearing was held on August 12, 2003 as required to discuss the proposed use of such funds; and WHEREAS, it is proposed that the grant funds be used for the following purposes: portable radios with replacement batteries, replacement batteries for patrol officers' rechargeable flashlights, and unforeseen equipment needs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval be granted to utilize approximately $20,266.18 of grant funds received from the Local Law Enforcement Block Grants program for the items listed above. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G12 #2003-220 - Approving Final Plat and Subdivision Agreement for American Independence Subdivision Gary Valasek, owner, has submitted the final plat for American Independence Subdivision, located along the proposed Independence Avenue, and North of 13th Street. This plat proposes to develop 21 lots on a parcel of land in the SE 1/4 SW 1/4 11-11-10. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of August 6, 2003, unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council August 7, 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 – American Independence Subdivision, located North of 13th Street, along Independence Avenue , Grand Island, Nebraska. At the regular meeting of the Regional Planning Commission, held August 6, 2003 the above item was considered. This final plat proposes to create 21 lots on a currently unplatted parcel of land in the SE ¼ of the SW ¼ Section 11, Township 11, Range 10. A motion was made by Eriksen and seconded by Miller to approve and recommend that the City Council approve the final plat of American Independence Subdivision Subdivision. A roll call vote was taken and the motion passed by a unanimous vote of the 7 members present (Amick, Haskins, Lechner, O’Neill, Eriksen, Miller, Ruge). 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 Rockwell & Associates Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-220 WHEREAS, Gary E. Valasek and Mary G. Valasek, husband and wife, and the City of Grand Island, Nebraska, a municipal corporation, as owners, have caused to be laid out into lots, a tract of comprising a part of the Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4) of Section Eleven (11), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska, under the name of AMERICAN INDEPENDENCE 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 AMERICAN INDEPENDENCE SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G13 #2003-221 - Approving Final Plat and Subdivision Agreement for Back-Bahr Subdivision Jeffry King, owner, has submitted the final plat for Back-Bahr Subdivision, located West of August Street, and North of White Cloud Road. This plat proposes to develop 1 lot on a currently unplatted parcel of land in the E 1/2 NW 1/4 of 28-11-9. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of August 6, 2003, unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council August 7, 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 – Back-Bahr Subdivision located East of August Street, and North of Stagecoach Road, Grand Island, Nebraska. At the regular meeting of the Regional Planning Commission, held August 6, 2003 the above item was considered. This final plat proposes to create 1 lot on a currently unplatted parcel of land in the E ½ of the NW ¼ Section 28, Township 11, Range 9. A motion was made by Haskins and seconded by O’Neill to approve and recommend that the City Council approve the final plat of Back-Bahr Subdivision. A roll call vote was taken and the motion passed by a unanimous vote of the 7 members present (Amick, Haskins, Lechner, O’Neill, Eriksen, Miller, Ruge). 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 Rockwell & Associates Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-221 WHEREAS, Jeffrey K. King and Jennifer L. King, husband and wife, as owners, have caused to be laid out into a lot, a tract of comprising a part of the East Half of the Northwest Quarter (E1/2, NW1/4) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska, under the name of BACK-BAHR 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 BACK-BAHR SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G14 #2003-222 - Approving Final Plat and Subdivision Agreement for Livengood Second Subdivision Livengood Properties, L.L.C., owners, have submitted the final plat for Livengood Second Subdivision, located North of Seedling Mile, and West of Stuhr Road. This plat proposes to develop 7 lots on a parcel of land in the E 1/2 SE 1/4 of 10-11-9. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of August 6, 2003, unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council August 7, 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 – Livengood Second Subdivision, located West of Stuhr Road, and North of Seedling Mile Road, Grand Island, Nebraska. At the regular meeting of the Regional Planning Commission, held August 6, 2003 the above item was considered. This final plat proposes to create 7 lots on a currently unplatted parcel of land in the E ½ of the SE ¼ Section 10, Township 11, Range 9. A motion was made by Ruge and seconded by Haskins to approve and recommend that the City Council approve the final plat of Livengood Second Subdivision. A roll call vote was taken and the motion passed by a unanimous vote of the 7 members present (Amick, Haskins, Lechner, O’Neill, Eriksen, Miller, Ruge). 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 JEO Consulting Group Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-222 WHEREAS, Livengood Properties, L.L.C., a limited liability company, as owner, has caused to be laid out into lots, a tract of comprising all of Lot One (1) Livengood Subdivision in the City of Grand Island, Hall County, Nebraska; and a tract of land described in Document No. 96-102516 of the Hall County Register of Deeds Office, in the City of Grand Island, Hall County, Nebraska, under the name of LIVENGOOD SECOND 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 LIVENGOOD SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G15 #2003-223 - Approving Certificate of Final Completion for Asphalt Maintenance Project 2003-AC-1 The 2003-AC-1 Asphalt Maintenance Contract was awarded to Gary Smith Construction Company Inc. on April 8, 2003. Work commenced on May 19, 2003 and was completed in July 2003. This project was completed on schedule and at a construction price of $575,461.37. There are sufficient funds available in Account No. 10022301-85608, Account No. 10033506-85354, Account No. 40044450-90033, Account No. 40044450-90027 and Account No. 40044450-90035; to finalize payment on this contract. Staff recommends that council accept the Certificate of Final Completion and issue final payment to contractor. Tuesday, August 12, 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 ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-223 WHEREAS, the Public Works Director of the City of Grand Island has issued his Certificate of Final Completion for Asphalt Maintenance Project 2003-AC-1, certifying that Gary Smith Construction Company Inc. of Grand Island, Nebraska, under contract dated April 22, 2003, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Public Works Director's Certificate of Final Completion for Asphalt Maintenance Project 2003-AC-1 is hereby confirmed. 2. A warrant be issued from Account No. 10022301-85608 in the amount of $14,273.01, from Account No. 10033506-85354 in the amount of $398,985.65, from Account No. 40044450- 90033 in the amount of $15,717.61, from Account No. 400444450-90027 in the amount of $18,990.02 and from Account No. 40044450-90035 in the amount of $105,949.08 for a total amount of $553,915.37 payable to Gary Smith Construction Company Inc. for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G16 #2003-224 - Approving Change Order Number 3 to Downtown Alley Project Phase II and III The contract was awarded to The Diamond Engineering Company on July 25, 2000. Any change orders to the contract must be approved by the city council. Additional storm sewer pipe was needed to tie into the roof drains from buildings adjacent to the alleys. The joint sealant in the alleys was changed from black asphalt to gray silicone. Staff recommends that council approve the change order. Tuesday, August 12, 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 ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-224 WHEREAS, on July 25, 2000, by Resolution 2000-209, the City of Grand Island awarded the bid for Downtown Alley Improvement Project Phase II and III to The Diamond Engineering Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 3; and WHEREAS, the result of such modifications will increase the contract amount by $21,826.38 for a revised contract price of $1,271.386.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 3, between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the following modifications: Amount Changes for Street Improvement District 1226........................................................................$ 2,635.12 Changes for Street Improvement District 1227............................................................................3,177.70 Changes for Street Improvement District 1228............................................................................7,191.46 Changes for Street Improvement District 1229............................................................................2,766.81 Changes for Street Improvement District 1230..............................................................................838.74 Changes for Street Improvement District 1235............................................................................2,616.95 Changes for Street Improvement District 1236............................................................................2,599.60 - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G17 #2003-225 - Approving Certificate of Final Completion for Downtown Alley Project Phase II and III Paving and Storm Sewer A Contract in the amount of $747,099.69 ($449,930.60 for Electrical and $297,169.09 for Paving and Storm Sewer) for Phase II Downtown Alley Improvements, comprising Street Improvement Districts 1226, 1227, 1228, 1229 and 1230 was awarded to The Diamond Engineering Company of Grand Island on July 25, 2000. By Resolution 2001-168 dated June 26, 2001, Council added Phase III Downtown Alley Improvements to the contract with The Diamond Engineering Company in the amount of $508,440.43 ($391,285.70 for electrical and $117,154.73 for paving and storm drainage) comprising Street Improvement Districts 1235 and 1236. Work on the project was completed in July 2003. The paving and storm sewer work for phases II and III was completed at a construction price of $419,731.21. Total cost of the paving and storm sewer work, including Engineering Services is $461,704.39. Staff recommends that the council accept the Certificate of Final Completion and schedule the Board of Equalization for September 9, 2003. The majority of costs for this project will be the city's with a small portion to be assessed to the adjacent properties for connecting roof drains to the storm sewer system. Tuesday, August 12, 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 ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-225 WHEREAS, the Public Works Director of the City of Grand Island has issued his Certificate of Final Completion for Downtown Alley Project, Phase II and III, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract dated August 7, 2000, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Public Works Director's Certificate of Final Completion for Downtown Alley Project, Phase II and III, which includes Street Improvement District No. 1226, Street Improvement District No. 1227, Street Improvement District No. 1228, Street Improvement District No. 1229, Street Improvement District No. 1230, Street Improvement District No. 1235, and Street Improvement District No. 1236, is hereby confirmed. 2. The City Council will sit as a Board of Equalization on September 9, 2003 to determine benefits and set assessments for Downtown Alley Project, Phase II and III. 3. The costs of construction and contract administration be credited to Account No. 40033530- 90052 from Account No. 27010001-85213 in the amount of $17,110.56. 4. A warrant be issued from Account No. 40033530-90052 in the amount of $2,748.62 and from Account No. EWO 3713 in the amount of $7,247.60 for a total amount of $9,996.22 payable to The Diamond Engineering Company for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G18 #2003-226 - Approving Continuation of Asphalt Street Improvement District for Cannon Road between Mansfield Road and North Road Street Improvement District 1247, an asphalt project to fill in the median and resurface Cannon Road from North Road to Mansfield Road, was created by the City Council. Legal notice of creation of the District published in the Grand Island Daily Independent. Notification was also mailed to the property owners on that date, stating that the construction would take place unless more than 50% of the abutting landowners submitted written protests during the protest period. The District completed the 20-day protest period with no protests filed against the district. Staff recommends that council pass a resolution for continuation of the district. The costs for filling in the median will be assessed to the benefiting properties. The City will be responsible for costs related to drainage improvements and the resurfacing. Tuesday, August 12, 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 ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-226 WHEREAS, Street Improvement District No. 1249 was created by Ordinance No. 8817 on June 24, 2003; and WHEREAS, notice of the creation of such street improvement district was published in the Grand Island Independent on July 3, July 10, and July 17, 2003, in accordance with the provisions of Section 16-619, R.R.S. 1943; and WHEREAS, Section 16-620, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within twenty days from the first publication of said notice written objections to such street improvement district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on July 23, 2003, and no protests were filed with the City Clerk against the creation of Street Improvement District 1249 by abutting property owners. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests having been filed with the City Clerk against the creation of Street Improvement District No. 1249, such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G19 #2003-227 - Approving Bid Award - Replacement Bucket Truck - Utilities Department, Line Division Unit 55 is a bucket truck used on overhead line work in the Line Division of the Utilities Department. The truck in use has over 9,600 hours on the hour meter which due to its operation equates to approximately 190,000 miles. It is a 1992 vehicle with 50,600 miles on the odometer. Bid documents for a replacement vehicle were created and mailed to six potential bidders. The unit was publicly advertised on July 3, 2003, as per purchasing policy. Discussion: Bids were opened at 11:00 a.m. on Thursday, July 17, 2003. Two suppliers sent no bid letters and one bid was received with complete documentation. That bid was from Pacific Utility Equipment Company of Seattle, Washington, in the amount of $148,741.00 less trade-in of $13,500.00 for a total of $135,241.00. The bid included minor exceptions that are acceptable to the Utilities Department. Recommendation: It is the recommendation of the Utilities Department that Council authorize the purchase of a new bucket truck and trade of the old unit to Pacific Utility Equipment Company of Seattle, Washington in the amount of $135,421.00. Fiscal Effects: Expenditure of $135,421.00 from Electric Fund 520. This item is included in the 2003-03 Electric budget. Sufficient funds are available. See attached RESOLUTION. Tuesday, August 12, 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: July 17, 2003 at 11:00 a.m. FOR: 2004 Truck with Aerial Device DEPARTMENT: Utilities ENGINEER’S ESTIMATE: $200,000.00 FUND/ACCOUNT: Enterprise 520 PUBLICATION DATE: July 3, 2003 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Pacific Utility Equipment Co. Seattle, WA Bid Security: Travelers Casualty Exceptions: Noted Bid Price: $135,241.00 cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director Ray Micek, Electric Line Superintendent Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P841 Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-227 WHEREAS, the City of Grand Island invited sealed bids for Replacement Bucket Truck, according to plans and specifications on file with the Purchasing Division of the Legal Department; and WHEREAS, on July 17, 2003, bids were received, opened and reviewed; and WHEREAS, Pacific Utility Equipment Company of Seattle, Washington, 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 $148,741.00 less trade-in of $13,500.00 for a net bid of $135,241.00; and WHEREAS, Pacific Utility Equipment Company's bid is less than the engineer’s estimate for such truck. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Pacific Utility Equipment Company of Seattle, Washington, in the net amount of $135,241.00 for replacement bucket truck is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G20 #2003-228- Approving Bid Award - Coal Storage Retention Pond Background: As part of storm water management at the Platte Generating Station, rainwater from the coal storage area drains to a retention pond. In the past, water from this pond had been pumped to the ash storage area for dust control. The Nebraska Department of Environmental Quality has recently modified the operating conditions for the ash storage area, and no longer allows water to be pumped to the area because of concerns of its effect on groundwater. The water in the coal area retention pond has a high level of suspended coal particles and is not suitable in its raw form for discharge to the Platte River with other plant waste streams. Specifications were drafted by our consultants, Olsson Associates, to design and construct an additional coal storage retention pond at Platte Generating Station. This pond allows additional storage area and incorporates a flocculation system that will allow the suspended coal to be removed. Request for bids were advertised and sent out in accordance with City purchasing procedures. Discussion: Specifications were sent out to bidders with the following responses received. The engineer’s estimate for this project was $500,000. 1) Bidder: Diamond Engineering, Co. - Bid Amount $484,800; 2)Bidder: Strobel Construction - Bid Amount $512,772; 3)Bidder: Judds Brothers Construction - Bid Amount $584,500. Recommendation: The bids were reviewed for compliance with the City’s detailed specifications and all bids are considered acceptable. It is the recommendation of the Utilities Department that Diamond Engineering Company from Grand Island, Nebraska be awarded the contract for this work in the amount of $484,800.00. Fiscal Effects: Expenditure of $484,800 of Enterprise Fund 520. Alternatives: None recommended. See attached RESOLUTION. Tuesday, August 12, 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: August 1, 2003 at 11:00 a.m. FOR: Coal Storage Retention Pond - PGS DEPARTMENT: Utilities ENGINEER’S ESTIMATE: $500,000.00 FUND/ACCOUNT: Enterprise 520 PUBLICATION DATE: July 12, 2003 NO. POTENTIAL BIDDERS: 29 SUMMARY Bidder: Judds Brothers Construction Diamond Engineering Co. Lincoln, NE Grand Island, NE Bid Security: Travelers Casualty Travelers Casualty Exceptions: None Noted Bid Price: $584,500.00 $484,800.00 Bidder: Strobel Construction Clarks, NE Bid Security: Union Insurance Co. Exceptions: None Bid Price: $512,772.00 cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P843 Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-228 WHEREAS, the City of Grand Island invited sealed bids for Coal Storage Retention Pond, according to plans and specifications on file with the Purchasing Division of the Legal Department; and WHEREAS, on August 1, 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 $484,800.00; 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 $484,800.00 for coal storage retention pond at the Platte Generating Station 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, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G21 #2003-229 - Approving Platte River Well Field Grading Change Order #1 - Hooker Brothers Contract 2003-WF-1 Background: The contract provided for doing all work for grading, excavating, constructing embankments, and placing earthwork around City wells 13, 14, 15, and 16 at the well field. The work is in preparation of installing buildings over the wells for environmental protection and increased security. The Platte River well field is located approximately two and one half (2 1/2) miles south of Highway 34 and east of Locust Street. Attached is a site drawing for reference. Discussion: Change Order No. 1 will provide for a better overall project for construction of the buildings, improved access to the individual wells and the pumping station, and restoration of the area. The following specific items are covered: 1) Alternate seeding mixture - deduction of $3,000.00; 2) Additional fill at four (4) well house locations – addition of $1,020.00; 3) Additional work for widening the radius on existing roadways for semi truck movement, construction of a new driveway, placing culvert pipe, placing stripped topsoil on slopes, finish grading, and gravel surfaces addition of $2,300.00. Recommendation: The original Contract was awarded to Hooker Bros. Construction Co., of Grand Island, in the amount of $24, 900.00, which was below the engineer’s estimate of $35,000.00. The net amount of Change Order No. 1 is an addition of $320.00, for a new Contract amount of $25,220.00. It is recommended that the Council approve Change Order No. 1 Fiscal Effects: Construction funds are available in Enterprise Fund 525 for the FY 2002-03 budget. Alternatives: None. See attached RESOLUTION. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader; Dale Shotkoski City of Grand Island City Council Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-229 WHEREAS, on April 8, 2003, by Resolution 2003-99, the City of Grand Island awarded the bid for Contract 2003-WF-1, Platte River Well Field Grading to Hooker Brothers Construction Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by Hooker Brothers Construction Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $320.00 for a revised contract price of $25,220.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, between the City of Grand Island and Hooker Brothers Construction Company of Grand Island, Nebraska to provide the following modifications: Amount Alternate grass seed mixture.................................................................................................($ 3,000.00) Additional fill for well house locations ........................................................................................1,020.00 Additional grading for semi truck access to pump station at the Platte River well field......................2,300.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G22 #2003-230 - Approving Continuation of Water Main District 441 - Ordinance 8815 - Crane Valley 6th Subdivision Background: A request was received from Larry Bird for creation of a water main district to serve property for the Crane Valley 6th Subdivision. The subject district was created by the City Council to provide water service to Mr. Bird’s property and provides for future development to the west. See the attached plat. Discussion: The protest period for the referenced district ended at 5:00 p.m., Friday, August 1, 2003. Since there is no protest by the owner of record title within the boundaries of Water Main District 441, it may be continued as per Nebraska Statute, 16.667.01, R.R.S.1943. Recommendation: It is the recommendation of the Utility Department staff that Council authorize the Department to proceed with preparing plans and the solicitation of bids, so that the district can be constructed. Fiscal Effects: There are sufficient funds allocated in Enterprise Fund 525 for installation of District 441. Upon completion of the district, assessments will be computed. Alternatives: Cancel or revise the district. See attached RESOLUTION. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-230 WHEREAS, Water Main District No. 441 was created by Ordinance No. 8815 on June 24, 2003; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent on July 3, 2003, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on August 1, 2003, and no protests have been filed against the creation of such district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Water Main District No. 441, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G23 #2003-231 - Approving Acquisition of Utility Easement - 1204 Allen Drive - Exchange Bank 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 the Exchange Bank, located on the southwest corner of 1204 Allen Drive, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Exchange Bank is constructing a new building at 1204 Allen Drive. This easement will be used for a pad-mounted transformer to serve electricity to the new building. 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, August 12, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Aproved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-231 WHEREAS, a public utility easement is required by the City of Grand Island, from Exchange Bank, a Nebraska corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on August 12, 2003, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Twenty (20) Meadowlark West Third Subdivision in the city of Grand Island, Hall County, Nebraska, the easement and right-of-way being more particularly described as follows: The easterly Twenty (20.0) feet of westerly Forty (40.0) feet of the southerly Thirty-Five (35) feet of Lot Twenty (20) Meadowlark West Third Subdivision. The above-described easement and right-of-way containing 700 square feet, more or less, as shown on the plat dated July 28, 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 Exchange Bank, a Nebraska corporation, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G24 #2003-232 - Approving Interlocal Agreement with Grand Island Public Schools for Development of Shoemaker Park The agreement stipulates that the City will develop a park on land owned by the Grand Island Public Schools. The park will be located directly north of Shoemaker Elementary School on approximately five acres. The park will be bordered by the Shoemaker Hike/Bike Trail on the south. Plans include a small parking area, playground equipment, underground sprinklers, athletic fields and other park amenities. The agreement also calls for the Grand Island Public School system to maintain the park after it is constructed. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council INTERLOCAL AGREEMENT This Interlocal Agreement which shall become effective upon the date set forth herein, is made between the CITY OF GRAND ISLAND, a Municipal Corporation and a Nebraska political subdivision (GI) and the GRAND ISLAND PUBLIC SCHOOL SYSTEM, a Nebraska political subdivision (GIPS) jointly referred to as “Parties” and individual as “Party”. RECITALS WHEREAS, GI provides and develops parks and recreation services to the City of Grand Island, Nebraska, and WHEREAS, GIPS seeks to have the property that it owns adjacent to its Shoemaker Elementary School facilities developed for health and recreational purposes and said property is described in Exhibit “A” attached hereto; and, WHEREAS, GIPS has the equipment and resources to maintain said recreational facilities adjacent to the Shoemaker Elementary School. NOW, THEREFORE, GI and GIPS agree as follows: AUTHORITY 1. Authority and Purpose. 1.1 Article XV, Section 18 of the Constitution of the State of Nebraska and the Interlocal Cooperation Act of the State of Nebraska, Neb. Rev. Stat., §13-801 et seq., (the “Act”), authorize any two or more public agencies to enter into agreements for joint or cooperative exercise of any power, privilege or authority exercised or capable of exercise individually by such public agencies. GI and GIPS are public agencies within the meaning of the Act. 1.2 GI has the authority to provide recreational facilities. GIPS has the authority and responsibility to ensure the maintenance and scheduling the use of the recreation facilities. 1.3 It is the purpose of this Agreement for GI and GIPS to make the most efficient use of their powers by cooperating with each other on the basis of mutual advantage and timely providing services and facilities as identified in this Agreement and in any addendum to this Agreement that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities. 2 2. Administration of Agreement. 2.1 GI and GIPS each shall designate an administrator responsible for the management of the cooperative undertaking set forth in this Agreement. The administrator may be changed from time to time by any party upon no less than seven (7) days advance written notice to the other Party. Each administrator shall communicate with the other administrator as necessary to effectuate the terms of this Agreement. The administrators shall meet to discuss any matters pertinent to this Agreement and in particular shall discuss the operation, scheduling and maintenance of the recreational facilities which are the subject of this agreement. 2.2 Any real and personal property shall be acquired, held and disposed as set forth in this Agreement, or any amendment hereto. 2.3 No separate legal or administrative entity is created under this Interlocal Agreement. 3. Recreational Services. 3.1 GI will construct recreational facilities on the above described premises. The recreational facilities may include but not be limited to the development of athletic fields such as baseball, soccer, softball or other such athletic fields as well as traditional park facilities such as playground equipment and other park amenities. 3.2 GI will budget for construction of the facilities as fiscal conditions permit the funding to become available. 3.3 GIPS shall be responsible for management, programming, operations, maintenance, repair and replacement of the recreation facilities. 4. Indemnification. GIPS shall indemnify and hold harmless GI, its employees, elected officials and contractors from any claims, expenses (including attorney’s fees and litigation expenses), damages or losses it may suffer as a result of any claims made regarding the validity of this Agreement or the effect of this Agreement on the expenditure or revenue authority of GIPS, including but not limited to taxpayer or regulatory claims. GIPS shall also hold harmless GI its elected officials, employees and contractors from any and all liability, claims and expenses resulting from the construction and development of the property described in paragraphs 3.2 and 3.3 as set forth above with the exception of acts of gross negligence. GIPS shall maintain comprehensive liability insurance for as long as the recreational facilities are used by GIPS and said policy shall name GI as an additional named insured. 3 5. Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties and their successors or assigns; provided, this Agreement shall not be assigned or otherwise transferred to a third party without the prior written consent of the other Parties hereto. 6. Notices. All notices or other communications which are required or permitted herein shall be in writing and sufficient if delivered personally, sent by facsimile transmission followed by written confirmation of receipt, sent by overnight commercial air courier (such as Federal Express), or sent by registered or certified mail, postage prepaid, return receipt requested, to the parties at their addresses or facsimile numbers set forth on Exhibit “A” hereto (which exhibit may be changed from time to time by notice of either party). 7. Term of Agreement. 7.1 This Agreement shall be for the term of a period of ten (10) years from and after the Effective Date of this Agreement (“Initial Term”) or until development of the facilities is completed, whichever occurs first. Upon the expiration of the Initial Term of this Agreement, the term of this Agreement shall extend automatically for successive consecutive terms of one (1) year each (each, a “Renewal Term”), if development is not complete, but either Party may terminate the Agreement as to such Party by providing a written notice to the other Party not less than ninety (90) days prior to the end of the Initial Term or a Renewal Term. If such notice is given the Agreement shall terminate at the end of the then current term. 7.2 The parties understand and agree that all recreational facility construction expenses incurred by GI will be prorated on a monthly basis over the ten (10) year period of this agreement. Should GIPS cease to use the facilities for recreational purposes or remove any of the facilities that have been constructed by GI, the GIPS will reimburse GI for the remaining months of project expenses incurred by the City. 8. Governing Law. This Agreement shall be governed by and interpreted in accordance with the statutory and decisional law of the State of Nebraska, without regard to conflict of law principles. 9. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter hereof. All prior agreements; representations, statements, and negotiations are hereby superseded. This Agreement may be changed only by a written amendment executed by both parties. 4 10. Effective Date. This Agreement shall be executed in duplicate originals, and the Effective Date shall be ____________________________, 2003. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, Attest:________________________ By:_________________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor GRAND ISLAND PUBLIC SCHOOLS, A Nebraska Political Subdivision, Attest:________________________ By:_________________________________________ James Werth, Secretary Lynn R. Cronk, President Grand Island Public Schools Grand Island Public Schools Board of Education Board of Education Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-232 WHEREAS, the City and the Grand Island public school system are interested in joining together in their efforts to develop a park on land owned by the Grand Island public schools; and WHEREAS, plans include a small parking area, playground equipment, underground sprinklers, athletic fields and other park amenities; and WHEREAS, the City will pay for and coordinate the development of such park, and the school system will assume responsibility of all maintenance costs; and WHEREAS, a proposed agreement has been prepared by the City Attorney setting out the terms and conditions of such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement between the City and the Grand Island Public School System is hereby approved to authorize the development of property adjacent to Shoemaker Elementary School for health and recreational purposes in accordance with such agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Interlocal Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G25 #2003-233 - Approving Interlocal Agreement with Grand Island Public Schools for Development of Softball Fields This agreement calls for the development of two softball fields to be constructed on high school owned property. This property is located directly north of Grand Island Senior High. The land is bordered by a City detention cell to the west, Forrest Street to the south, Kruse Street to the east, and Cottage Street to the north. The City will lease a small amount of land located on the west side of the existing detention cell to facilitate field development. The city will pay for the costs associated with the development of the facility. Grand Island Public Schools will then take over all maintenance, repairs, and field use administration associated with the fields. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council INTERLOCAL AGREEMENT This Interlocal Agreement which shall become effective upon the date set forth herein, is made between the CITY OF GRAND ISLAND, a Municipal Corporation and a Nebraska political subdivision (GI) and the GRAND ISLAND PUBLIC SCHOOL SYSTEM, a Nebraska political subdivision (GIPS) jointly referred to as “Parties” and individual as “Party”. RECITALS WHEREAS, GI provides and develops parks and recreation services to the City of Grand Island, Nebraska, and WHEREAS, GI has land adjacent to the land owned by GIPS which is available for recreational development and described as follows: The East One Hundred Feet (E100’) of Lots One (1), Three (3), Five (5), Seven (7), Nine (9), Eleven (11), Thirteen (13) and Fifteen (15), Block Eight (8) and the West Half (W½ ) of vacated Taylor Street, College Addition to West Lawn, City of Grand Island, Nebraska; and WHEREAS, GIPS seeks to have the property that it owns adjacent to its Grand Island Senior High School facilities developed for health and recreational purposes and said property is described as follows: Block Nine (9) and the East Half (E½) of vacated Taylor Street, College Addition to West Lawn, City of Grand Island, Nebraska; and, WHEREAS, GIPS has the equipment and resources to maintain said recreational facilities adjacent to the Grand Island Senior High School. NOW, THEREFORE, GI and GIPS agree as follows: AUTHORITY 1. Authority and Purpose. 1.1 Article XV, Section 18 of the Constitution of the State of Nebraska and the Interlocal Cooperation Act of the State of Nebraska, Neb. Rev. Stat., §13-801 et seq., (the “Act”), authorize any two or more public agencies to enter into agreements for joint or cooperative exercise of any power, privilege or authority exercised or capable of exercise individually by such public agencies. GI and GIPS are public agencies within the meaning of the Act. 1.2 GI has the authority to provide recreational facilities. GIPS has the authority and responsibility to ensure the maintenance and scheduling the use of the recreation facilities. 1.3 It is the purpose of this Agreement for GI and GIPS to make the most efficient use of their powers by cooperating with each other on the basis of mutual advantage and timely 2 providing services and facilities as identified in this Agreement and in any addendum to this Agreement that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities. 2. Administration of Agreement. 2.1 GI and GIPS each shall designate an administrator responsible for the management of the cooperative undertaking set forth in this Agreement. The administrator may be changed from time to time by any party upon no less than seven (7) days advance written notice to the other Party. Each administrator shall communicate with the other administrator as necessary to effectuate the terms of this Agreement. The administrators shall meet to discuss any matters pertinent to this Agreement and in particular shall discuss the operation, scheduling and maintenance of the recreational facilities which are the subject of this agreement. 2.2 Any real and personal property shall be acquired, held and disposed as set forth in this Agreement, or any amendment hereto. 2.3 No separate legal or administrative entity is created under this Interlocal Agreement. 3. Recreational Services. 3.1 GI will construct two softball fields on the above described premises. The work to be done to develop this property for the softball fields will include but not be limited to relocating the electrical line currently running north/south across this property, modifying the existing grade and elevation to promote drainage of the fields, installing underground sprinkler systems, seeding grass areas, installing fences and backstops and installing lighting where appropriate. 3.2 GI will give GIPS a ninety nine (99) year lease on that portion of its real estate described in the second recital set forth above that is developed for recreational facilities. In the event that GIPS quits using the premises for softball, then the lease shall terminate. 3.3 GIPS shall be responsible for management, programming, operations, maintenance, repair and replacement of the recreation facilities. GIPS will also provide land that is contiguous to the land owned by GI as referenced above and more particularly described in the third recital on page one of this agreement. 3.4 GI will budget for construction of the facilities as fiscal conditions permit the funding to become available. 4. Indemnification. GIPS shall indemnify and hold harmless GI, its employees, elected officials and contractors from any claims, expenses (including attorney’s fees and litigation expenses), damages or losses it may suffer as a result of any claims made regarding the validity of this 3 Agreement or the effect of this Agreement on the expenditure or revenue authority of GIPS, including but not limited to taxpayer or regulatory claims. GIPS shall also hold harmless GI its elected officials, employees and contractors from any and all liability, claims and expenses resulting from the construction and development of the property described in paragraphs 3.2 and 3.3 as set forth above with the exception of acts of gross negligence. GIPS shall maintain comprehensive liability insurance for as long as the recreational facilities are used by GIPS and said policy shall name GI as an additional named insured. 5. Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties and their successors or assigns; provided, this Agreement shall not be assigned or otherwise transferred to a third party without the prior written consent of the other Parties hereto. 6. Notices. All notices or other communications which are required or permitted herein shall be in writing and sufficient if delivered personally, sent by facsimile transmission followed by written confirmation of receipt, sent by overnight commercial air courier (such as Federal Express), or sent by registered or certified mail, postage prepaid, return receipt requested, to the parties at their addresses or facsimile numbers set forth on Exhibit “A” hereto (which exhibit may be changed from time to time by notice of either party). 7. Term of Agreement. 7.1 This Agreement shall be for the term of a period of ten (10) years from and after the Effective Date of this Agreement (“Initial Term”) or until development of the facilities is completed, whichever occurs first. Upon the expiration of the Initial Term of this Agreement, the term of this Agreement shall extend automatically for successive consecutive terms of one (1) year each (each, a “Renewal Term”), if development is not complete, but either Party may terminate the Agreement as to such Party by providing a written notice to the other Party not less than ninety (90) days prior to the end of the Initial Term or a Renewal Term. If such notice is given the Agreement shall terminate at the end of the then current term. 7.2 The parties understand and agree that all recreational facility construction expenses incurred by GI will be prorated on a monthly basis over the ten (10) year period of this agreement. Should GIPS cease to use the facilities for recreational purposes or remove any of the facilities that have been constructed by GI, the GIPS will reimburse GI for the remaining months of project expenses incurred by the City. 8. Governing Law. This Agreement shall be governed by and interpreted in accordance with the statutory and decisional law of the State of Nebraska, without regard to conflict of law principles. 4 9. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter hereof. All prior agreements; representations, statements, and negotiations are hereby superseded. This Agreement may be changed only by a written amendment executed by both parties. 10. Effective Date. This Agreement shall be executed in duplicate originals, and the Effective Date shall be ____________________________, 2003. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, Attest:________________________ By:_________________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor GRAND ISLAND PUBLIC SCHOOLS, A Nebraska Political Subdivision, Attest:________________________ By:_________________________________________ James Werth, Secretary Lynn R. Cronk, President Grand Island Public Schools Grand Island Public Schools Board of Education Board of Education Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-233 WHEREAS, the City and the Grand Island public school system are interested in joining together in their efforts to develop two (2) softball fields in land adjacent to Grand Island Senior High; and WHEREAS, the City will pay for and coordinate the development of the softball fields, and the school system will assume responsibility for all maintenance costs, repairs, and field use administration; and WHEREAS, a proposed agreement has been prepared by the City Attorney setting out the terms and conditions of such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement between the City and the Grand Island Public School System is hereby approved to authorize the development of two (2) softball fields on property adjacent to Grand Island Senior High School in accordance with such agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Interlocal Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G26 #2003-234 - Approving Agreement with Nebraska Games and Parks Commission for Award of Grant Funding for Construction of Fishing Pier at Sucks Lake This agreement allows for the City to accept funds from the Nebraska Game and Parks Commission to develop a handicap accessible fishing pier along the north side of Sucks Lake. The Game and Parks Commission will provide funds in the amount of $16,200.00 to assist in the development of the project. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-234 WHEREAS, the City of Grand Island is coordinating efforts to for the enhancement and renovation of Sucks Lake; and WHEREAS, a part of the renovation will be the installation of a handicap accessible fishing pier along the north side of Sucks Lake; and WHEREAS, the Nebraska Game and Parks Commission has agreed to provide to the City up to $16,200 to assist in the development of such handicap accessible fishing pier; and WHEREAS, an agreement accepting the grant funds for such project is necessary; and WHEREAS, a proposed agreement has been prepared by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement between the City and the Nebraska Game and Parks Commission is hereby approved authorizing the receipt of $16,200 in grant funding to be used for the development of a handicap accessible fishing pier at Sucks Lake. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Interlocal Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item G27 #2003-235 - Approving Amendment to Agreement with Olsson Associates for Consulting Engineering Services on South Locust between Stolley Park Road and Fonner Park Road The original agreement with Olsson Associates was . Any amendments to the agreement must be approved by the city council. The construction contract for improving this section of roadway was awarded to The Diamond Engineering Company at the July 22, 20030 Council Meeting. Consulting Engineering Services are needed to supervise the construction. Staff recommends that the council approve the amendment to the agreement because there is not sufficient staffing in the Public Works Department to oversee a project this large. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer / Public Works DIrecto City of Grand Island City Council Approved as to Form ¤ ___________ August 8, 2003 ¤ City Attorney R E S O L U T I O N 2003-235 WHEREAS, on November 12, 2002, by Resolution 2002-350, the City of Grand Island approved an agreement with Olsson Associates for professional engineering and landscape architecture services along a ½ mile stretch of South Locust Street from Stolley Park Road to Fonner Park Road; and WHEREAS, it is necessary to move forward with the construction phase of the project; and WHEREAS, due to the size of the project, City staff is unable to perform construction management on this project; and WHEREAS, an amendment to the agreement for engineering services with Olsson Associates to perform such construction management work is recommended. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Third Amendment to the Agreement for Professional Engineering and Landscape Architecture Services by and between the City and Olsson and Associates is hereby approved to include construction management services; and the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 12, 2003. _______________________________________ RaNae Edwards, City Clerk Item H1 Re-consideration of motion from July 29th Council Meeting Regarding Extension of Independence from Manchester Road to 13th Street Costs for the portion of Independence Avenue from Mansfield Road to Shanna Street were discussed during the July 29, 2003 budget study session. The total project cost discussed at the meeting was $1.6 million based on a report dated March 2002. Staff quoted an estimated cost of $600,000 for the city’s portion of Independence from Mansfield Road south to Shanna Street, yet the eventual cost of the project to the taxpayers of approaches $1 million. The following streets are part of the overall project. 1. Extending Independence from Manchester Road south to 13th Street 2. Extending Shanna Street east from the existing asphalt in Western Heights Third Subdivision to Mansfield Road. 3. Extending Lariat Lane south from the existing asphalt in Western Heights Third Subdivision south to Shanna Street. Council Member Hornady asked if staff could re-examine the project costs to ensure that the budget numbers were correct. Engineers at Olsson Associates have updated the project costs with the estimated city breakdown for the portion of Independence from Mansfield Road south to Shanna Street as follows: $ 660,000 Independence from Mansfield Road south to Shanna Street $ 25,000 Fence $ 42,000 Right Of Way Costs $ 727,000 Total City cost $ 240,000 Grand Island Public Schools Cost $ 967,000 Total Taxpayer’s Cost If the motion to re-consider fails, staff will proceed with the project as planned and construct all of the streets in 2004. A map is enclosed that shows all of the streets that would be built as part of this project. If the motion to re-consider is approved, a motion and a second will allow further discussion on the project. Some discussion has occurred on phasing this project with the section of Independence from Manchester Road to Shanna Street being constructed in a future budget year and all of the other streets of this project constructed in 2004. A map is enclosed showing the portion of Independence that could be constructed in a future budget year. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Streets that are part of this Project Portion of Independence that could be delayed till a future budget year Item J1 Payment of Claims for the Period of July 23, 2003 through August 12, 2003 The Claims for the period of July 23, 2003 through August 12, 2003 for a total of $3,223,259.06. A MOTION is in order. Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item X1 Discussion Concerning IBEW Contract Negotiations ADJOURN TO EXECUTIVE SESSION: Discussion concerning IBEW Contract Negotiations. RETURN TO REGULAR SESSION: Tuesday, August 12, 2003 Council Session City of Grand Island Staff Contact: Marlan Ferguson City of Grand Island City Council