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08-09-2005 City Council Regular Meeting PacketCity of Grand Island Tuesday, August 09, 2005 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Carole Cornelius Peg Gilbert Joyce Haase Margaret Hornady Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick 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. Invocation - Pastor Scott Friesen, Berean Bible Church, 4116 West Capital Avenue MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item C1 Presentation of the Community Redevelopment Authority (CRA) Budget Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council COMMUNITY REDEVELOPMENT AUTHORITY 2005-2006 ANNUAL BUDGET It is my privilege to present to you the budget for the Community Redevelopment Authority for 2005-2006. This plan and budget continues the high-quality services that have enabled the CRA to partner with the City of Grand Island, private developers and businesses, and with property owners in the blighted and substandard areas to make Grand Island vibrant, clean, safe, and attractive. The CRA budget for 2005-2006 is offered to you with a review of the responsibilities of the CRA. Those responsibilities and abilities are outlined in State Statutes and are summarized, in part, as follows: The creation of Redevelopment Authorities was authorized by the Nebraska Legislature in order to provide communities with the ability to address certain areas of a city in need of improvement and development. Powers granted to Community Redevelopment Authorities are outlined in Chapter l8 of the Statutes and include the ability to expend funds to acquire substandard or blighted areas, make public improvements, and assist with development and redevelopment projects in specified areas. The Authority has virtually the same powers as any political subdivision, including borrowing money, issuing bonds, undertaking surveys and appraisals and asking for a levy of taxes. A five-member board, appointed by the Mayor with the approval of the City Council, governs the CRA. The CRA is administered by a Director and devotes the overwhelming share of its resources to highly visible and effective programs. The CRA funds its programs primarily through assessments on taxable properties within the Grand Island city limits. BLIGHTED AND SUBSTANDARD AREAS There are five (5) designated Blighted and Substandard Areas within the Grand Island City Limits. These are contiguous areas that range from the southern city limits along S. Locust Street to Capital Avenue and Sky Park Road near the Central Nebraska Regional Airport. Other areas are also under discussion including portions of north central Grand Island and the areas around Five Points. CRA GOALS 2005/2006 This year’s CRA Retreat is scheduled for Tuesday the 16th of August. Based on the budget as submitted I expect that the primary focus of the CRA will be similar to the activities conducted last year, acquisition and demolition, façade improvement, and other grants or loans to significant projects within the blighted and substandard areas. FISCAL RESOURCES General Revenues For 2005-2006, The CRA is requesting property tax revenues of $492.540. Historically, the levies and tax asking have been: 2004-2005 2003-2004 2002-2003 2001 -2002 2000-2001 $0.024287 $0.025325 $0.024721 $0.024721 $0.024657 $457,391 $449,487 $402,431 $388,713 $367,384 At the July 13, 2005 meeting, the Community Redevelopment Authority approved the proposed budget establishing a preliminary request of $0.024287 for each hundred dollars of valuation for an anticipated $492,540 based on an estimated taxable valuation of $2,028,000,000. Program Funding The Community Redevelopment Authority has the ability to assist private developers and governmental entities with the commercial, residential or mixed-use redevelopment projects throughout the City. Specific detail on projects is as follows: · Purchase of Dilapidated Properties/Infrastructure. The 2005-2006 budget includes $200,000 for the acquisition of substandard properties in the blighted and substandard areas and for the provision of infrastructure. The Authority has indicated an interest in redevelopment of specific areas along the South Locust Street corridor to their “highest and best use” potential. · Facade Development $150,000 has been budgeted for the façade development program, including grants and interest buy down these projects are unidentified at this time. This program has been used extensively in the Downtown area but is available to all blighted and substandard areas. · Other Projects: $500,000 has been reserved for other projects in the blights and substandard areas. This funding can be assigned to specific projects including but not limited to infrastructure improvements in the blighted and substandard areas that would support larger redevelopment plans. CONCLUSION Grand Island has one of the most efficient and progressive Community Redevelopment Authorities across the state. A continued aggressive approach toward redevelopment will be the focus for the CRA in 2005-2006. The investments this community has made in housing, redevelopment efforts, infrastructure and economic development, bode well for the future of the community. This budget reflects the continued and changing needs of the community. The Community Redevelopment Authority is to be commended for the difference their dedication and vision is making in this community. 2004 2005 2005 2006 Actual Revised Budget Projected Budget CONSOLIDATED Beginning Cash 1,159,196 1,110,533 1,110,533 1,023,635 REVENUE: Property Taxes 576,254 586,536 580,000 640,864 Loan Proceeds - Interest Income 14,416 10,000 10,000 9,000 Land Sales - 200,000 13,434 50,000 Other Revenue - - 2,710 - TOTAL REVENUE 590,670 796,536 606,144 699,864 TOTAL RESOURCES 1,749,866 1,907,069 1,716,677 1,723,499 EXPENSES Auditing & Accounting 12,750 12,000 5,825 8,000 Legal Services 7,599 5,000 7,000 10,000 Consulting Services 1,250 15,000 10,000 15,000 Contract Services 26,323 100,000 30,000 50,000 Printing & Binding 984 1,500 1,000 1,500 Other Professional Services 3,250 5,000 2,000 5,000 General Liability Insurance - 4,000 - - Matching Grant - - - - Legal Notices 314 500 700 1,000 Licenses & Fees 62 - - - Travel & Training - 1,500 - 1,500 Other Expenditures 149,008 500 200 500 Office Supplies 292 1,500 500 750 Supplies - 500 150 500 Land - 250,000 90,000 200,000 Façade Improvement 221,655 300,000 151,000 150,000 South Locust 12,000 150,000 150,000 150,000 Alleyway Improvement 7,674 - - - Other Projects 59,276 200,000 100,000 500,000 Bond Principal 62,450 71,993 71,993 71,993 Bond Interest 74,446 72,674 72,674 72,674 TOTAL EXPENSES 639,333 1,191,667 693,042 1,238,417 INCREASE(DECREASE) IN CASH (48,663) (395,131) (86,898) (538,553) ENDING CASH 1,110,533 715,402 1,023,635 485,082 LESS COMMITMENTS - - AVAILABLE CASH 1,110,533 715,402 1,023,635 485,082 CHECKING 639,382 715,402 343,635 485,082 INVESTMENTS 471,151 - 680,000 - Total Cash 1,110,533 715,402 1,023,635 485,082 COMMUNITY REDEVELOPMENT AUTHORITY FY 2005 - 2006 BUDGET 2004 2005 2005 2006 Actual Revised Budget Projected Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2005 - 2006 BUDGET CRA GENERAL OPERATIONS: Property Taxes 440,206 457,391 453,000 492,540 Interest Income 14,173 10,000 9,810 9,000 Land Sales - 200,000 13,434 50,000 Other Revenue - - 976 TOTAL 454,379 667,391 477,220 551,540 GILI TRUST Property Taxes 68,189 65,761 65,000 65,780 Interest Income - - Other Revenue - TOTAL 68,189 65,761 65,000 65,780 CHERRY PARK LTD II Property Taxes 64,425 59,181 58,000 59,180 Interest Income 216 - 125 - Other Revenue TOTAL 64,641 59,181 58,125 59,180 GENTLE DENTAL Property Taxes 3,433 4,203 4,000 4,202 Interest Income 28 0 20 - Other Revenue 1,734 TOTAL 3,461 4,203 5,754 4,202 PROCON TIF Property Taxes 19,162 Loan Proceeds - Interest Income 45 Other Revenue TOTAL - - 45 19,162 TOTAL REVENUE 590,670 796,536 606,144 699,864 2004 2005 2005 2006 Actual Revised Budget Projected Budget COMMUNITY REDEVELOPMENT AUTHORITY FY 2005 - 2006 BUDGET EXPENSES CRA GENERAL OPERATIONS: Auditing & Accounting 12,750 12,000 5,825 8,000 Legal Services 2,599 5,000 7,000 10,000 Consulting Services 1,250 15,000 10,000 15,000 Contract Services 26,323 100,000 30,000 50,000 Printing & Binding 984 1,500 1,000 1,500 Other Professional Services 3,250 5,000 2,000 5,000 General Liability Insurance 4,000 - Matching Grant - Legal Notices 314 500 700 1,000 Licenses & Fees Travel & Training - 1,500 1,500 Other Expenditures 25 500 200 500 Office Supplies 292 1,500 500 750 Supplies 500 150 500 Land 250,000 90,000 200,000 - PROJECTS Façade Improvement 221,655 300,000 151,000 150,000 South Locust 12,000 150,000 150,000 150,000 Alleyway Improvement 7,674 - 0 Other Projects 59,276 200,000 100,000 500,000 TOTAL CRA EXPENSES 348,392 1,047,000 548,375 1,093,750 GILI TRUST Bond Principal 34,470 37,279 37,279 37,279 Bond Interest 31,310 28,501 28,501 28,501 TOTAL GILI EXPENSES 65,780 65,780 65,780 65,780 CHERRY PARK LTD II Bond Principal 27,177 29,322 29,322 29,322 Bond Interest 32,003 29,858 29,858 29,858 TOTAL CHERRY PARK EXPENSES 59,180 59,180 59,180 59,180 GENTLE DENTAL Legal Services - - Bond Principal 803 1,735 1,735 1,735 Bond Interest 2,596 2,467 2,467 2,467 TOTAL GENTLE DENTAL 3,399 4,202 4,202 4,202 PROCON TIF Legal Services 5,000 - Licenses & Fees 61 - Other Expenditures 148,983 - Bond Principal 3,657 3,657 3,657 Bond Interest 8,538 11,848 11,848 11,848 TOTAL PROCON TIF 162,582 15,505 15,505 15,505 TOTAL EXPENSES 639,333 1,191,667 693,042 1,238,417 Item E1 Public Hearing on Proposed FY 2005-2006 City Single Budget Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Gary Greer City of Grand Island City Council Council Agenda Memo From: Gary D. Greer, City Administrator Meeting: August 9, 2005 Subject: Public Hearing and Approval of FY 2004-05 Budget Item #’s: E-1 Presenter(s): Gary D. Greer, City Administrator David Sprinter, Finance Director Backgro und The budget process for the City of Grand Island is approximately a six month process that commences in April with internal budget compilation to approval of the final budget in September. Over the last few months several milestones have taken place. Following are accomplishments that have occurred: · Outside agencies were asked to and submitted their budget requests · Departments reviewed their current budgets and submitted requests for next year · All departments were asked to further reduce their current year budget by 3% · Request were reviewed with each Department by the City Administrator · 2005-06 budgets were adjusted to ensure efficiency and effectiveness · Board review and approval took place for Business Improvement Districts, CRA, and Solid Waste Agenc y · On July 19th, the City Council conducted a Study Session to review the proposed Fee Schedule, FTE Schedule and funding for Outside Agencies · On July 26th, the City Council: *Conducted a public hearing and approved the Solid Waste Agency Budget *Approved the budgets for Business Improvement Districts #3, #4, and #5 *Approved the FY 2005-06 User Fee Schedule Discussion The August 9th Council Meeting is another important milestone in the budget process. At the meeting the City Council is asked to conduct a public hearing on the proposed budget to allow for public input. Before the public hearing, City Administration will present the highlights of the proposed budget in order to provide a starting point for public input. The public hearing will be followed up with a Special Budget meeting on August 10, 2005 where the Council will be able to ask questions and respond to information concerning the proposed budget and public input. At the August 10th meeting, the Council will be asked to make determination on the budget or set further meetings to move toward determination. Future steps concerning the budget include: August 23, 2005 Set Business Improvement District Assessments Approve levies City, Parking District #1 and CRA Adopt budget and approve lid limit increase September 13, 2005 Establish several property tax requests Establish Parking District #1 occupation tax request Establish Parking District #2 property tax request Board of Equalization for BID’s September 20, 2005 Submit Budget to State Auditor Recommendation The Council is asked to conduct the public hearing and take information from the citizens. After conducting the hearing, it is recommended that the City Council take the information under advisement for further discussion at the August 10th Special Budget Session. The budget transmittal letter and a “Budget in Brief” document are attached to aid in the discussion and process. Additionally, the Council has been provided a draft document of the budget on July 29, 2005. If any further information is needed please contact City Administration. Item E2 Public Hearing on Request of Larry Knuth for Conditional Use Permit for a Sand and Gravel Operation Located at 3554 West Wildwood Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From : Craig A. Lewis, Building Department Director Meeting: August 2, 2005 Subject: Public Hearing on Request of Larry & Karen Knuth. for a Conditional Use Permit to Allow for the Expansion of an Existing Sand and Gravel Pumping Operation at 3301 W. Schimmer Drive to Expand onto their Property at 3554 Wildwood Drive, Grand Island, NE Item #’s: E-2 & G-4 Presenter: Craig Lewis, Building Department Director Background This request is for council approval to allow for the expansion of an existing operation of sand and gravel facility at the above referenced address. A conditional use permit is required as the current zoning classification, TA or transitional agriculture does not allow for this type of use as a permitted principal use. The zoning classification does list as a permitted conditional use, commercial mines, quarries, sand and gravel pits and accessory uses. Conditional uses as listed in the zoning code must be approved by the City Council. The original operation has been in existence at the current location since 1999 and has received subsequent approvals that would expire on February 10, 2014. Discussion Sand and gravel operations have been a part of Grand Island and the surrounding areas for a long time, as residential development continues to expand and the two uses become closer neighbors more conditions need to be implemented to assure a compatible existence for both uses. City administration has developed the following restrictions, or conditions which appear appropriate to impose upon sand and gravel operations. 1). USE: The proposed uses are limited to those listed in the application, sand and gravel pumping processing, storage, stocking piling, distribution, and sales, both who lesale and retail. Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants. 2). CLOSURE: A statement of the proposed use of the property after the closing of the sand and gravel operation has been provided along with the application. 3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 3 years with the possibility of renewal for an additional time at the end of the 3 year period. (b).Pumping of product shall not be allowed within 150 feet of any public road right of way and protected by a 6 foot earthen berm during pumping. The finished width of developable property adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A setback of 100 feet from any adjacent property line, and a setback of 250 feet south of the base of the north Central Platte Natural Resources District Wood River Diversion Channel Levee shall be maintained and a setback of 100 feet north of the south Central Platte Natural Resources District Wood River Diversion Channel Levee shall be maintained between the pumping operations. (c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours (15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No pumping or other processing activities shall be permitted on Sundays or from fifteen minutes after sunset to fifteen minutes before sunrise. Two exceptions to this condition shall be in the months of March, April, October, and November activities may operate from 6:00a.m. to 10:00p.m.to allow for winter condition. (d). Any internal combustion pump motors utilized shall be equipped with a functioning “hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels. (e). Materials and equipment shall not be stored on the property within any easements or the regulated floodway as determined by the Federal Emergency Management Agency or its successor and the entity with jurisdiction and authority to enforce floodplain regulations. (f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as practical and such real estate must, at all times, be kept in a clean and neat condition. (g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature whatsoever shall be dumped, placed or located upon such real estate. (h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable hazard or nuisance to adjacent land owners or to the general public. (i). Applicant shall maintain any and all drainage ditches that may be located upon the real property. (j). Applicant shall not permit the hauling of sand and gravel form the premises and over and across any public highway or road unless said sand and gravel is complete dry and free from water or is hauled in trucks which are designed and equipped so as to prevent water from leaking onto the traveled portion of the roadbed. (k). All water accumulated upon the premises by virtue of such mining and pumping operations shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only surface waters that have historically flowed from the premises shall be permitted to leave the same through historical natural drainage ways. (l). Applicant sha ll begin the mining operation within a period of 18 months from the issuance of this permit or if the applicant fail to begin operations within the 18 months the permit shall be considered null and void and subject to reapplication and rehearing. Additiona lly if at anytime during the life of the permit issued the operation shall cease for a period of a continuous 18 months the permit shall become void and a renewal shall be obtained before becoming once again operational. ALTERNATIVES It appears the Counc il has the following alternatives concerning the issue. 1. Approve the request with the proposed conditions. 2. Deny the request. 3. Approve the request with additional or revised conditions. RECOMMENDATION Approve the request with the identified cond itions presented by City Administration SAMPLE MOTION Motion to approve the conditional use with the condition identified by the City Administration, published in the Council packet and presented at the Council meeting. Item E3 Public Hearing on Change of Zoning for Lot 1, Crane Valley 7th Subdivision from RD Residential Development to B2 General Business Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 9, 2005 Subject: Change of Zoning Item #’s: E-3 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Change of Zoning for lot 1 Crane Valley 7th Subdivision from RD Residential Development to B2 General Business. Discussion The developer proposed to build eight apartment buildings with eight dwelling units in each building on this site (64 units total). This was approved in March of 2003. The RD zone requires that construction begin within 18 months of approval unless the developer has requested a six month extension. As construction on these apartments has not begun it is appropriate for the planning commission and council to reconsider this proposal and return the zoning to B2- General Commercial. The developer has not requested a six month extension and this project was approved more than 24 months ago. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the change of zoning as presented 2. Modify the change of zoning to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Haskins 2nd by Eriksen to approve and recommend that the City of Grand Island approve this change of zoning and as presented. A roll call vote was taken and the motion passed with 8 members present (Amick, Haskins, O’Neill, Miller, Eriksen, Ruge, Hayes, Wagoner) voting in favor. Sample Motion Approve the change of zoning as Submitted. Item E4 Public Hearing on Change to Development Agreement for Via Milano Subdivision Relative to Distance Between Buildings on Adjacent Lots and Infringements into the Easements and Outlots Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 9, 2005 Subject: Change to Development agreement for Via Milano Item #’s: E-4 & G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Amendment to the Subdivision Agreement for the Via Milano Residential Development zone located South of Capital Avenue, and West of Hancock Avenue. Discussion As construction started in this subdivision the Grand Island Building Department brought up some issues with the conditions of development as they were approved. The attached amendments are designed to clarify the rights and responsibilities of all parties with respect to this development. This will not allow any additional or different types of development on this property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the amendment to the Subdivision Agreement as presented 2. Modify the amendment to the Subdivision Agreement to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Ruge 2nd by Miller to approve and recommend that the City of Grand Island approve this modification to the Development Agreement and as presented. A roll call vote was taken and the motion passed with 8 members present (Haskins, Reynolds, O’Neill, Miller, Eriksen, Ruge, Hayes, Wagoner) voting in favor, and 1 member abstaining (Amick). Sample Motion Approve the amendment to the Subdivision Agreement as Submitted. Proposed Amendments to Via Milano Subdivision Agreement 9. Design and Construction. No building shall be constructed within the Subdivision except within the Building Envelope Areas as defined on the Development Plan (Exhibit "A"). The subdivider shall be granted a license agreement by the City of Grand Island to allow eaves from structures to cross into a utility easement up to 1 foot if such easement is on the same lot as the building. No buildings on adjoining lots shall be built closer than 10 feet from one another regardless of distance from the lot line. The buildings to be constructed (typical elevations shown on Exhibit "C" attached hereto and incorporated herein by this reference) shall be designed so that the exterior of such building shall be architecturally and aesthetically compatible in material and color. The design and construction shall be in conformity with sound architectural and engineering standards. No portion of any building constructed (including architectural features) shall exceed a height of 35 feet above the center of the intersection of Capital Avenue and Hancock Avenue. 10. Outlot A. Uses on Outlot A shall be limited to drainage, utilities, landscaping and paved driving surfaces, pedestrian walkways and patios as identified in the Development Plan. Patios shall be screened with a six (6) foot high privacy fence if they reduce the landscaped area of Outlot A to less than thirty (30) feet from an adjoining property line on the exterior of this subdivision. Eaves from adjoining buildings may extend no more than 2 feet into Outlot A. Item E5 Public Hearing on Amendments to Chapter 36 of the Grand Island City Code Relative to Massage Therapy Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 9, 2005 Subject: Amendments to Chapter 36 Zoning Regulations Item #’s: E-5 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background The City of Grand Island adopted new zoning regulations in July 2004. The changes proposed here pertain to the Home Occupation Standards. A copy of the proposed changes is attached. This request was brought forward at the request of Ms. Kristi Comer a Licensed Massage Therapist. A copy of her request is attached. Discussion The planning staff recommended against the change for the reason outlined in the attached memo to the planning commission. The planning commission has recommended that no change be made to the regulations. The following testimony was offered during the public hearing before the planning commission: Kristi Comer said she follows the stringent laws the state has regarding massage therapy, and she only treats five or fewer clients a day with a half-hour between sessions. She said she has great concerns with noise, air pollution, cleanliness and temperature control in areas that are zoned business and commercial. Saundra Kealy said she is a licensed massage therapist in Hawaii, and runs her business out of her home. She said this is an allowable home occupation in the state of Hawaii, and it offers her clients a more personal setting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the changes as presented 2. Modify the changes to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick 2nd by Miller that no change be made to Chapter 36 Zoning Regulations and that the City of Grand Island make no change to Chapter 36 Zoning Regulations. A roll call vote was taken and the motion passed with 7 members present (Amick, Haskins, O’Neill, Miller, Eriksen, Ruge, Hayes) voting in favor of the motion and 2 members (Wagoner, Reynolds) voting against the motion. Sample Motion Approve the changes to Chapter 36 of the Grand Island City Code as Submitted. Both planning commission and staff are recommending that this motion not pass. PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: June 21, 2005 SUBJECT: Concerning amendments to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction. Amendments to be considered pertain to the Home Occupation Standards, §36-99 (D) (C-31-2005GI) PROPOSAL: The City of Grand Island adopted new zoning regulations in July 2004 and amended those regulations in May of 2005. The changes proposed here were requested by Kristi Comer of 3112 Brentwood Circle. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-99. Home Occupations The following are the minimum standards required for a Home Occupation: (A) There shall be no external or externally visible evidence of the home occupation, business or profession whatsoever. There shall be no signage or advertising, linking the residential property with the home occupation. (B) No more than 25% of the floor area of any one story can be used for the home occupation (C) There shall be no machinery other than that normally found in a home (D) There shall be no contact at the premises with customers or clients other than by telephone or mail, except that music lessons may be given to one pupil at a time and, massage therapy may be performed on one client at a time, and cultural, art, or dance instruction may be given to four pupils at one time (E) No one other than the resident(s) can work from that site (F) No retail sales are permitted from the site other than incidental sales related to services provided (G) No exterior storage (including storage within detached buildings/garage) is permitted (H) No offensive noise, vibration, smoke, odor, heat or glare shall be noticeable at or beyond the property line (I) The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided, this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for display of said produce All businesses related to Child Care Homes and Child Care Centers shall be in accordance with Neb. R.R.S. 1943, Sec. §71-1902. Amended by Ord. No. 8947, effective 1-5-2005 OVERVIEW: Ms. Comer has requested that massage therapy with customer contact be allowed as a home based business. Most home based businesses do not allow customers to visit the residence of the business owner. This would be true for architects, lawyers, tax preparation professional and similar occupations. An exception is made for piano teachers and persons teaching cultural arts. Ms. Comer is asking for a similar exception for persons conducting massage therapy. If approved as proposed this would expand the type of client contact allowed in home based businesses. The current regulations do not allow other personal services to be conducted within a home. It is not legal to open a: barbershop, beauty or nail salon, pet grooming salon, legal office, insurance office, accountant’s office, doctor’s office or any other office that includes personal contact with customers at the home of the business owners in a residential zoning district. The planning and building departments often get questions from doctors (psychiatrists or psychologists usually) that would like to open a practice in a residential setting. Any of these can be run from a home provided the business owner travels to the clients home or some other site to conduct business or provided that the service can be provided remotely by telephone, fax, mail or electronic means. The primary purpose of limiting client contact with regard to these businesses is to discourage non-residential traffic and visitors from entering residential neighborhoods. Other concerns include parity between business owners. Owners of b usinesses located within the commercial and industrial zones maintain both their business property and their residential property. Another option for people who want to run this type of business from their home is to buy a home in a commercial district. The RO, B1, B2, B3 and M3 zones all allow both commercial and residential uses. It is permissible in these districts to live in one portion of the house and conduct business including client or customer contact in another portion. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council not approve the changes to the Grand Island Zoning Ordinance as requested. ___________________ Chad Nabity AICP, Planning Director ChadN S:\Docs\5480.doc Last printed 8/5/2005 9:12 AM Page 1 Agenda Item #7 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: June 21, 2005 SUBJECT: Concerning amendments to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction. Amendments to be considered pertain to the Home Occupation Standards, §36-99 (D) (C-31-2005GI) PROPOSAL: The City of Grand Island adopted new zoning regulations in July 2004 and amended those regulations in May of 2005. The changes proposed here were requested by Kristi Comer of 3112 Brentwood Circle. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-99. Home Occupations The following are the minimum standards required for a Home Occupation: (A) There shall be no external or externally visible evidence of the home occupation, business or profession whatsoever. There shall be no signage or advertising, linking the residential property with the home occupation. (B) No more than 25% of the floor area of any one story can be used for the home occupation (C) There shall be no machinery other than that normally found in a home (D) There shall be no contact at the premises with customers or clients other than by telephone or mail, except that music lessons may be given to one pupil at a time and, massage therapy may be performed on one client at a time, and cultural, art, or dance instruction may be given to four pupils at one time (E) No one other than the resident(s) can work from that site (F) No retail sales are permitted from the site other than incidental sales related to services provided (G) No exterior storage (including storage within detached buildings/garage) is permitted (H) No offensive noise, vibration, smoke, odor, heat or glare shall be noticeable at or beyond the property line (I) The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided, this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for display of said produce All businesses related to Child Care Homes and Child Care Centers shall be in accordance with Neb. R.R.S. 1943, Sec. §71-1902. Amended by Ord. No. 8947, effective 1-5-2005 OVERVIEW: ChadN S:\Docs\5480.doc Last printed 8/5/2005 9:12 AM Page 2 Ms. Comer has requested that massage therapy with customer contact be allowed as a home based business. Most home based businesses do not allow customers to visit the residence of the business owner. This would be true for architects, lawyers, tax preparation professional and similar occupations. An exception is made for piano teachers and persons teaching cultural arts. Ms. Comer is asking for a similar exception for persons conducting massage therapy. If approved as proposed this would expand the type of client contact allowed in home based businesses. The current regulations do not allow other personal services to be conducted within a home. It is not legal to open a: barbershop, beauty or nail salon, pet grooming salon, legal office, insurance office, accountant’s office, doctor’s office or any other office that includes personal contact with customers at the home of the business owners in a residential zoning district. The planning and building departments often get questions from doctors (psychiatrists or psychologists usually) that would like to open a practice in a residential setting. Any of these can be run from a home provided the business owner travels to the clients home or some other site to conduct business or provided that the service can be provided remotely by telephone, fax, mail or electronic means. The primary purpose of limiting client contact with regard to these businesses is to discourage non-residential traffic and visitors from entering residential neighborhoods. Other concerns include parity between business owners. Owners of businesses located within the commercial and industrial zones maintain both their business property and their residential property. Another option for people who want to run this type of business from their home is to buy a home in a commercial district. The RO, B1, B2, B3 and M3 zones all allow both commercial and residential uses. It is permissible in these districts to live in one portion of the house and conduct business including client or customer contact in another portion. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council not approve the changes to the Grand Island Zoning Ordinance as requested. ___________________ Chad Nabity AICP, Planning Director Item F1 #8994 - Approving Change of Zoning for Lot 1, Crane Valley 7th Subdivision from RD Residential Development to B2 General Business This item relates to the aforementioned Public Hearing Item E-3. Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form – _____________ August 1, 2005 • City Attorney ORDINANCE NO. 8994 An ordinance to rezone a certain tract of land within the zoning jurisdiction of the City of Grand Island; to revert the land use classification of a tract of land all of Lot One (1), Crane Valley 7th Subdivision in the City of Grand Island, Hall County, Nebraska, from RD- Residential Development Zone to B2-General Business Zone; to direct that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; to amend the provisions of Section 36-44 of the Grand Island City Code; and to provide for publication and the effective date of this ordinance. WHEREAS, the above property was rezoned from B2-General Business to RD- Residential Development Zone by Ordinance No. 8800, enacted on March 18, 2003 for development as Crane Valley 7th Subdivision; and WHEREAS, over 18 months have elapsed after City Council approval of such zoning change; and WHEREAS, the construction of footings and foundations for such project has not been completed; and WHEREAS, Grand Island City Code Section 36-78 requires that upon failure to complete such construction within eighteen (18) months, the entire property shall revert to its former zoning classification; and WHEREAS, the Regional Planning Commission on July 6, 2005, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the appropriate Board of Education for such area; and ORDINANCE NO. 8994 (Cont.) - 2 - WHEREAS, after public hearing on August 9, 2005, the City Council found and determined that the change in zoning be approved and made. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. A tract of land comprising all of Lot One (1), Crane Valley 7th Subdivision in the City of Grand Island, Hall County, Nebraska, is hereby reverted and reclassified from RD-Residential Development Zone to B2-General Business Zone classification. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-44 of the Grand Island City Code is hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That Ordinance No. 8800, and all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 9, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8995 - Consideration of Amendments to Chapter 36 of the Grand Island City Code Relative to Massage Therapy This item relates to the aforementioned Public Hearing Item E-5. Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ August 1, 2005 ¤ City Attorney ORDINANCE NO. 8995 An ordinance to amend Chapter 36 of the Grand Island City Code; to amend Section 36-99 pertaining to home occupations ; to repeal Section 36-99 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 36-99 of the Grand Island City Code is hereby amended to read as follows: §36-99. Home Occupations The following are the minimum standards required for a Home Occupation: (A) There shall be no external or externally visible evidence of the home occupation, business or profession whatsoever. There shall be no signage or advertising, linking the residential property with the home occupation. (B) No more than 25% of the floor area of any one story can be used for the home occupation. (C) There shall be no machinery other than that normally found in a home. (D) There shall be no contact at the premises with customers or clients other than by telephone or mail, except that music lessons may be given to one pupil at a time, and, massage therapy may be performed on one client at a time, and cultural, art, or dance instruction may be given to four pupils at one time. (E) No one other than the resident(s) can work from that site. (F) No retail sales are permitted from the site other than incidental sales related to services provided. (G) No exterior storage (including storage within detached buildings/garage) is permitted. (H) No offensive noise, vibration, smoke, odor, heat or glare shall be noticeable at or beyond the property line. (I) The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided, this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for display of said produce. All businesses related to Child Care Homes and Child Care Centers shall be in accordance with Neb. R.R.S. 1943, Sec. §71-1902. SECTION 2. Section 36-99 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. 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. ORDINANCE NO. 8995 (Cont.) - 2 - SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: August 9, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #8996 - Consideration of Approving Salary Ordinance Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Approved as to Form ¤ ___________ August 4, 2005 ¤ City Attorney ORDINANCE NO. 8996 An ordinance to amend Ordinance No. 8973 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 amend the salary ranges for the general employees to reflect a cost of living adjustment ; to add the classification and salary range for the position of Administrative Assistant – Fire; to remove the classification and salary range for the position of Code Compliance Officer; to clarify the current classification and salary range for the position of Library Assistant to Library Assistant I; to change the position title of Senior Library Assistant to Library Assistant II; to add the classification and salary range for the position of Plans Examiner; to change the position title of Senior Engineering Technician to Engineering Technician; to add the classification and salary range for the position of Stormwater Technician; to amend the salary ranges for employees under the AFSCME labor union in accordance with the labor agreement; to amend the salary ranges for employees under the IBEW labor union in accordance with the labor agreement; to amend the salary ranges for the employees under the FOP labor union in accordance with the labor agreement; to amend salary ranges for the employees under the IAFF labor union in accordance with the labor agreement; to repeal Ordinance No. 8973, and any ordinance or parts of ordinances 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, ORDINANCE NO. 8996 (Cont.) - 2 - 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 1369.60 / 1927.78 1329.71 / 1871.63 Exempt Accounting Technician – Solid Waste, Streets, WWTP 1018.28 / 1432.90 988.62 / 1391.17 40 hrs/week Administrative Assistant – Administration, Fire, Public Works, Utilities 1099.42 / 1547.94 1067.40 / 1502.85 40 hrs/week Administration Secretary 912.17 / 1283.10 885.60 / 1245.73 40 hrs/week Assistant to the City Administrator 1391.53 / 1959.06 1351.00 / 1902.00 Exempt Assistant Public Works Director 1853.77 / 2608.12 1799.78 / 2532.16 Exempt Assistant Utility Director – Administration 2470.20 / 3476.10 2398.25 / 3374.86 Exempt Assistant Utility Director – PGS & PCC 2675.80 / 3765.59 2597.86 / 3655.91 Exempt Attorney 1944.72 / 2736.52 1888.08 / 2656.82 Exempt Audio-Video Technician 1273.30 / 1791.70 1236.22 / 1739.52 40 hrs/week Biosolids Technician 1125.37 / 1584.14 1092.59 / 1538.00 40 hrs/week Building Clerk 844.50 / 1188.10 819.90 / 1153.50 40 hrs/week Building Department Director 2216.99 / 3118.40 1956.75 / 2752.34 Exempt Building Inspector 1305.13 / 1836.27 1267.11 / 1782.79 40 hrs/week Building Secretary 912.17 / 1283.10 885.60 / 1245.73 40 hrs/week Cemetery Superintendent 1364.25 / 1920.65 1324.51 / 1864.71 Exempt City Administrator 3587.13 / 5048.15 2976.62 / 4188.99 Exempt ORDINANCE NO. 8996 (Cont.) - 3 - City Attorney 2590.22 / 3645.50 2477.62 / 3487.02 Exempt City Clerk 1356.44 / 1908.86 1316.94 / 1853.26 Exempt Civil Engineering Manager – Public Works Engineering 1843.96 / 2595.64 1790.26 / 2520.04 Exempt Civil Engineering Manager – Utility, PCC 2028.07 / 2855.25 1969.00 / 2772.09 Exempt Code Compliance Officer 1127.14 / 1585.99 40 hrs/week Collection System Supervisor 1322.34 / 1860.90 1283.82 / 1806.70 40 hrs/week Communications Specialist/EMD 945.87 / 1334.23 918.32 / 1295.37 40 hrs/week Communications Supervisor 1208.72 / 1700.76 1173.52 / 1651.23 Exempt Community Development Administrator 1125.95 / 1584.35 1093.16 / 1538.20 Exempt Community Service Officer – Police Department 826.58 / 1162.73 802.50 / 1128.86 40 hrs/week Custodian 798.05 / 1126.18 774.80 / 1093.38 40 hrs/week Development Specialist 1125.95 / 1584.35 1093.16 / 1538.20 Exempt Electric Distribution Superintendent 2110.04 / 2968.60 2048.58 / 2882.14 Exempt Electric Distribution Supervisor 1782.62 / 2507.48 1730.70 / 2434.45 40 hrs/week Electric Underground Superintendent 1879.02 / 2643.91 1824.29 / 2566.90 Exempt Electrical Engineer I 1659.39 / 2336.16 1611.06 / 2268.12 Exempt Electrical Engineer II 1923.32 / 2707.10 1867.30 / 2628.25 Exempt Electrical Inspector 1305.13 / 1836.27 1267.11 / 1782.79 40 hrs/week Emergency Management Coordinator 984.40 / 1384.76 955.73 / 1344.42 40 hrs/week Emergency Management Director 1919.04 / 2700.30 1863.15 / 2621.65 Exempt ORDINANCE NO. 8996 (Cont.) - 4 - EMS Division Chief 1780.80 / 2505.67 1728.93 / 2432.69 Exempt Engineering Technician Supervisor 1448.06 / 2038.35 1405.89 / 1978.98 Exempt Equipment Operator, Solid Waste 1072.32 / 1510.14 1041.09 / 1466.16 40 hrs/week Equipment Operator, WWTP 1061.70 / 1495.19 1030.78 / 1451.64 40 hrs/week Finance Director 2581.36 / 3632.53 2398.25 / 3374.86 Exempt Finance Secretary 912.17 / 1283.10 885.60 / 1245.73 40 hrs/week Fire Chief 2351.89 / 3308.60 2066.41 / 2907.00 Exempt Fire Operations Division Chief 1780.80 / 2505.67 1728.93 / 2432.69 Exempt Fire Prevention Division Chief 1780.80 / 2505.67 1728.93 / 2432.69 Exempt Fire Training Division Chief 1780.80 / 2505.67 1728.93 / 2432.69 Exempt Fleet Services Superintendent 1459.66 / 2055.29 1417.14 / 1995.43 Exempt Fleet Services Supervisor 1216.19 / 1711.46 1180.77 / 1661.62 40 hrs/week Golf Course Superintendent 1699.29 / 2391.18 1649.80 / 2321.53 Exempt Grounds Management Crew Chief 1274.19 / 1793.14 1237.08 / 1740.91 40 hrs/week Human Resources Director 2269.26 / 3191.91 1975.93 / 2779.32 Exempt Human Resources Specialist 1211.46 / 1704.40 1176.17 / 1654.76 40 hrs/week Information Technology Manager 1934.66 / 2722.10 1878.31 / 2642.81 Exempt Information Technology Supervisor 1623.16 / 2284.30 1575.88 / 2217.76 Exempt Legal Assistant 1303.62 / 1835.04 1265.65 / 1781.59 40 hrs/week Legal Secretary 979.06 / 1379.41 950.54 / 1339.23 40 hrs/week ORDINANCE NO. 8996 (Cont.) - 5 - Librarian I 1193.05 / 1678.11 1158.30 / 1629.24 Exempt Librarian II 1312.53 / 1846.64 1274.30 / 1792.85 Exempt Library Assistant I 822.11 / 1156.50 798.17 / 1122.81 40 hrs/week Library Assistant II 906.82 / 1275.98 40 hrs/week Library Assistant Director 1511.37 / 2126.62 1467.35 / 2064.68 Exempt Library Clerk 689.08 / 970.90 669.01 / 942.62 40 hrs/week Library Director 2045.49 / 2879.26 1864.71 / 2624.79 Exempt Library Page 521.50 / 734.02 506.30 / 712.65 40 hrs/week Library Secretary 912.17 / 1283.10 885.60 / 1245.73 40 hrs/week Maintenance Mechanic I 1045.02 / 1474.30 1014.58 / 1431.35 40 hrs/week Maintenance Mechanic II 1173.26 / 1650.74 1139.08 / 1602.66 40 hrs/week Maintenance Worker I – Solid Waste 931.79 / 1312.53 904.66 / 1274.30 40 hrs/week Maintenance Worker I – Building, Golf, Library 957.65 / 1347.30 929.75 / 1308.06 40 hrs/week Maintenance Worker I – WWTP 976.80 / 1374.26 948.35 / 1334.23 40 hrs/week Maintenance Worker II – Solid Waste 981.72 / 1382.08 953.13 / 1341.82 40 hrs/week Maintenance Worker II – Building, Golf 1008.48 / 1422.21 979.10 / 1380.78 40 hrs/week Maintenance Worker II – WWTP 1028.64 / 1450.66 998.68 / 1408.40 40 hrs/week Meter Reading Supervisor 1240.53 / 1747.04 1204.40 / 1696.15 Exempt Office Manager – Police Department 1113.70 / 1567.54 1081.26 / 1521.89 40 hrs/week Parking Monitor 553.72 / 780.02 537.59 / 757.30 40 hrs/week ORDINANCE NO. 8996 (Cont.) - 6 - Parks and Recreation Director 2313.52 / 3254.04 2014.47 / 2833.42 Exempt Parks and Recreation Secretary 912.17 / 1283.10 885.60 / 1245.73 40 hrs/week Parks Maintenance Superintendent 1543.47 / 2171.20 1498.52 / 2107.97 Exempt Payroll Specialist 1187.70 / 1670.98 1153.10 / 1622.30 40 hrs/week Planning Director 2293.95 / 3227.25 1753.65 / 2467.13 Exempt Planning Secretary 912.17 / 1283.10 885.60 / 1245.73 40 hrs/week Planning Technician 1279.54 / 1800.26 1242.27 / 1747.83 40 hrs/week Plans Examiner 1305.13 / 1836.27 40 hrs/week Plumbing Inspector 1305.13 / 1836.27 1267.11 / 1782.79 40 hrs/week Police Captain 1780.80 / 2505.67 1728.93 / 2432.69 Exempt Police Chief 2463.23 / 3467.24 2164.24 / 3046.38 Exempt Police Records Clerk 847.97 / 1193.94 823.27 / 1159.16 40 hrs/week Power Plant Maintenance Supervisor 1870.00 / 2630.40 1815.53 / 2553.79 Exempt Power Plant Operations Supervisor 1964.45 / 2763.97 1907.24 / 2683.47 Exempt Power Plant Superintendent – Burdick 2102.90 / 2959.17 2041.65 / 2872.98 Exempt Power Plant Superintendent – PGS 2424.32 / 3409.89 2353.71 / 3310.57 Exempt Public Information Officer 1211.46 / 1704.40 1176.17 / 1654.76 Exempt Public Safety Secretary 1007.58 / 1421.32 978.24 / 1379.92 40 hrs/week Public Works Director 2591.29 / 3646.50 2351.23 / 3308.68 Exempt Public Works Secretary 912.17 / 1283.10 885.60 / 1245.73 40 hrs/week ORDINANCE NO. 8996 (Cont.) - 7 - Purchasing Technician 912.17 / 1283.10 885.60 / 1245.73 40 hrs/week Recreation Superintendent 1456.11 / 2048.19 1413.70 / 1988.54 Exempt Regulatory and Environmental Specialist 1870.00 / 2630.40 1815.53 / 2553.79 Exempt Senior Accountant 1546.69 / 2175.80 1396.88 / 1965.05 Exempt Senior Communications Specialist/EMD 1022.38 / 1438.07 992.61 / 1396.18 40 hrs/week Senior Electrical Engineer 2105.76 / 2962.83 2044.42 / 2876.53 Exempt Senior Engineering Technician 1279.54 / 1800.26 1242.27 / 1747.83 40 hrs/week Senior Equipment Operator, Solid Waste 1125.95 / 1584.34 1093.16 / 1538.20 40 hrs/week Senior Equipment Operator, WWTP 1103.88 / 1553.28 1071.73 / 1508.04 40 hrs/week Senior Library Assistant 880.41 / 1238.81 40 hrs/week Senior Maintenance Worker 1134.74 / 1597.24 1101.69 / 1550.72 40 hrs/week Senior Utility Secretary 914.86 / 1290.24 888.21 / 1252.66 40 hrs/week Shooting Range Superintendent 1456.11 / 2048.19 1413.70 / 1988.54 Exempt Solid Waste Division Clerk 820.37 / 1154.15 796.47 / 1120.54 40 hrs/week Solid Waste Superintendent 1662.06 / 2338.84 1613.65 / 2270.72 Exempt Stormwater Technician 1279.54 / 1800.26 40 hrs/week Street Superintendent 1609.81 / 2267.38 1562.92 / 2201.34 Exempt Street Supervisor 1277.84 / 1797.17 1240.63 / 1744.82 40 hrs/week Turf Management Specialist 1279.54 / 1800.26 1242.27 / 1747.83 40 hrs/week Utility Director 3522.84 / 4955.64 2923.28 / 4112.22 Exempt Utility Production Engineer 2161.95 / 3042.57 2098.98 / 2953.95 Exempt ORDINANCE NO. 8996 (Cont.) - 8 - Utility Secretary 912.17 / 1283.10 885.60 / 1245.73 40 hrs/week Utility Services Manager 1744.31 / 2454.65 1693.51 / 2383.15 Exempt Utility Warehouse Supervisor 1382.46 / 1944.42 1342.20 / 1887.78 40 hrs/week Victim Assistance Unit Coordinator 847.97 / 1193.94 823.27 / 1159.16 40 hrs/week Wastewater Clerk 820.37 / 1154.15 796.47 / 1120.54 40 hrs/week Wastewater Engineering/Operations Superintendent 1843.96 / 2595.64 1790.26 / 2520.04 Exempt Wastewater Plant Maintenance Supervisor 1357.11 / 1909.95 1317.58 / 1854.32 40 hrs/week Wastewater Plant Operator I 952.30 / 1340.17 924.56 / 1301.14 40 hrs/week Wastewater Plant Operator II 1064.52 / 1498.93 1033.51 / 1455.27 40 hrs/week Wastewater Plant Process Supervisor 1390.11 / 1957.21 1349.62 / 1900.20 40 hrs/week Wastewater Plant Senior Operator 1125.37 / 1584.14 1092.59 / 1538.00 40 hrs/week Water Superintendent 1680.50 / 2363.86 1631.56 / 2295.01 Exempt Water Supervisor 1432.87 / 2017.93 1391.14 / 1959.15 40 hrs/week Worker / Seasonal 412.00 / 1600.00 Exempt Worker / Temporary 412.00 40 hrs/week SECTION 2. The currently occupied classifications of employees 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: ORDINANCE NO. 8996 (Cont.) - 9 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 955.79 / 1344.08 932.48 / 1311.30 40 hrs/week Fleet Services Attendant/Clerk 868.90 / 1225.50 847.70 / 1195.62 40 hrs/week Fleet Services Inventory Specialist 953.08 / 1341.37 929.83 / 1308.65 40 hrs/week Fleet Services Mechanic 1090.30 / 1533.46 1042.86 / 1466.72 40 hrs/week Horticulturist 1009.20 / 1421.91 984.58 / 1387.23 40 hrs/week Maintenance Worker – Cemetery 948.55 / 1335.03 925.42 / 1302.47 40 hrs/week Maintenance Worker – Parks 942.22 / 1326.88 919.23 / 1294.52 40 hrs/week Maintenance Worker – Streets 922.30 / 1297.92 899.80 / 1266.26 40 hrs/week Senior Equipment Operator – Streets 1047.21 / 1474.42 1021.66 / 1438.46 40 hrs/week Senior Maintenance Worker – Parks 1047.21 / 1474.42 1021.66 / 1438.46 40 hrs/week Senior Maintenance Worker – Streets 1047.21 / 1474.42 1021.66 / 1438.46 40 hrs/week Traffic Signal Technician 1047.21 / 1474.42 1021.66 / 1438.46 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: ORDINANCE NO. 8996 (Cont.) - 10 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Clerk 892.75 / 1258.32 866.75 / 1221.67 40 hrs/week Computer Programmer 1399.61 / 1968.27 1358.84 / 1910.94 40 hrs/week Computer Technician 1091.82 / 1535.95 1060.02 / 1491.22 40 hrs/week Custodian 832.70 / 1171.78 808.45 / 1137.65 40 hrs/week Electric Distribution Crew Chief 1622.13 / 2281.74 1574.88 / 2215.29 40 hrs/week Electric Underground Crew Chief 1622.13 / 2281.74 1574.88 / 2215.29 40 hrs/week Engineering Technician I 1146.99 / 1613.74 1113.58 / 1566.74 40 hrs/week Engineering Technician II 1397.56 / 1967.44 1356.86 / 1910.14 40 hrs/week GIS Technician 1506.10 / 2118.50 1462.24 / 2056.79 40 hrs/week Instrument Technician 1662.75 / 2339.14 1614.32 / 2271.02 40 hrs/week Lineworker Apprentice 1147.94 / 1615.06 1114.50 / 1568.02 40 hrs/week Lineworker First Class 1470.25 / 2068.05 1427.42 / 2007.82 40 hrs/week Materials Handler 1398.71 / 1967.38 1357.98 / 1910.08 40 hrs/week Meter Reader 942.19 / 1326.31 914.75 / 1287.68 40 hrs/week Meter Technician 1175.94 / 1654.45 1141.69 / 1606.26 40 hrs/week Power Dispatcher I 1621.64 / 2280.86 1574.41 / 2214.43 40 hrs/week Power Dispatcher II 1703.24 / 2395.84 1653.63 / 2326.06 40 hrs/week Power Plant Maintenance Mechanic 1470.25 / 2068.05 1427.42 / 2007.82 40 hrs/week ORDINANCE NO. 8996 (Cont.) - 11 - Power Plant Operator 1544.42 / 2172.26 1499.43 / 2108.98 40 hrs/week Senior Accounting Clerk 937.78 / 1321.02 910.46 / 1282.54 40 hrs/week Senior Engineering Technician 1506.10 / 2118.50 1462.24 / 2056.79 40 hrs/week Senior Materials Handler 1544.42 / 2172.26 1499.43 / 2108.98 40 hrs/week Senior Meter Reader 1014.60 / 1426.10 985.05 / 1384.56 40 hrs/week Senior Power Dispatcher 1879.39 / 2643.39 1824.66 / 2566.40 40 hrs/week Senior Power Plant Operator 1704.26 / 2397.43 1654.62 / 2327.60 40 hrs/week Senior Substation Technician 1662.75 / 2339.14 1614.32 / 2271.02 40 hrs/week Senior Water Maintenance Worker 1266.40 / 1782.00 1229.51 / 1730.10 40 hrs/week Substation Technician 1544.42 / 2172.26 1499.43 / 2108.98 40 hrs/week Systems Technician 1662.75 / 2339.14 1614.32 / 2271.02 40 hrs/week Tree Trim Crew Chief 1470.25 / 2068.05 1427.42 / 2007.82 40 hrs/week Utilities Electrician 1544.42 / 2172.26 1499.43 / 2108.98 40 hrs/week Utility Technician 1622.13 / 2281.74 1574.88 / 2215.29 40 hrs/week Utility Warehouse Clerk 1040.21 / 1464.06 1009.91 / 1421.42 40 hrs/week Water Maintenance Worker 1118.95 / 1574.86 1086.36 / 1528.98 40 hrs/week Wireworker I 1267.15 / 1782.84 1230.25 / 1730.91 40 hrs/week Wireworker II 1470.25 / 2068.05 1427.42 / 2007.82 40 hrs/week ORDINANCE NO. 8996 (Cont.) - 12 - 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: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Police Officer 1196.33 / 1672.38 1132.89 / 1583.70 40 hrs/week Police Sergeant 1469.01 / 2012.88 1441.47 / 1975.15 40 hrs/week 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 1472.52 / 2072.30 1415.88 / 1992.60 212 hrs/28 days Firefighter / EMT 1131.42 / 1592.14 1078.94 / 1530.73 212 hrs/28 days Firefighter / Paramedic 1276.52 / 1796.31 1189.41 / 1727.18 212 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 ORDINANCE NO. 8996 (Cont.) - 13 - 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 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. ORDINANCE NO. 8996 (Cont.) - 14 - When protective clothing is required for Utilities Department personnel in the IBEW, the City shall pay 60% of the cost of provid ing 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 Works Department personnel in the job classifications Equipment Mechanic Supervisor, Garage Superintendent, and Equipment Mechanic shall receive a tool allowance of $10 biweekly. SECTION 7. Employees shall be compensated for unused sick leave as follows: (A) For all employees except those 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 second 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 employee'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 make a contribution into a Health Reimbursement Account (HRA) on behalf ORDINANCE NO. 8996 (Cont.) - 15 - of the employee in lieu of payment for an employee’s unused sick leave in excess of 2,880 hours accrued in the preceding calendar year. The contribution will be at the rate of one-quarter day’s pay based on the employee’s current pay rate at the time of such contribution, for 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 have a contribution to a Health Reimbursement Account (HRA) made on their behalf in lieu of payment for one quarter of their accumulated sick leave at the time of their retirement, the amount of contribution will 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 $400 per month in lieu of mileage for use of personal vehicle travel within Hall County, payable monthly. ORDINANCE NO. 8996 (Cont.) - 16 - 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. SECTION 10. 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 11. The salary adjustments identified herein shall be effective with the pay period beginning on October 3, 2005. SECTION 11. Ordinance No. 8973 and all other ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 12. 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 9, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of July 26, 2005 City Council Regular Meeting The Minutes of July 26, 2005 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, August 09, 2005 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 26, 2005 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 26, 2005. Notice of the meeting was given in the Grand Island Independent on July 20, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker. INVOCATION was given by Associate Pastor Faith Tyson, Calvary Assembly of God, 1424 North Eddy Street followed by the PLEDGE OF ALLEGIANCE. ADJOURN TO THE GRAND ISLAND AREA SOLID WASTE AGENCY: Motion by Hornady, second by Walker, carried unanimously to adjourn to the Grand Island Area Solid Waste Agency. Public Hearing on Proposed FY 2005-2006 Grand Island Area Solid Waste Agency Budget. Steve Riehle, Public Works Director reported that a separate hearing was required for the Solid Waste Agency Budget. The Agency budget was the same as the City Solid Waste Division budget (Fund 505) which appeared in the City’s Annual Budget Document for Fiscal Year 2005- 2006. No public testimony was heard. #2005-SWA-1 – Approving Adoption of FY 2005-2006 Annual Budget for the Grand Island Solid Waste Agency. Motion by Hornady, second by Nickerson, to approve Resolution #2005- SWA-1. Upon roll call, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Hornady, second by Cornelius, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request of Randall Stueven and Maureen Van Hoven for a Conditional Use Permit to Allow Faulk and Foster and Western Wireless Corp. to Construct a Telecommunication Tower Located at 233 South Gunbarrel Road. Craig Lewis, Building Department Director reported that this request was for the construction of a telecommunication tower and associated facilities located at 233 South Gunbarell Road. It was noted that all Page 2, City Council Regular Meeting, July 26, 2005 information had been received and approval was recommended. Dave Marvin representing Faulk and Foster spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Property Located at 409 East Fonner Park Road. (Hall County Livestock Improvement Association) Doug Walker, City Attorney reported that the Hall County Livestock Improvement Association (Fonner Park) had agreed to donate approximately ten acres of property on the south side of Fonner Park Road and adjoining the east side of Island Oasis for the city to use to locate a replacement for Fire Station No. 1. City Council approval was needed to transfer the deed. No public testimony was heard. ORDINANCES: #8982 – Consideration of Annexation of Land Located North of Capital Avenue and East of St. Paul Road and Various Properties Adjacent to the City of Grand Island. (Final Reading) Doug Walker, City Attorney reported this related to the Public Hearing held on June 28, 2005, and was the final reading as required by state statutes. Motion by Pielstick, second by Hornady to approve Ordinance #8982 on final reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8984 – Consideration of Creation of Sanitary Sewer Improvement District No. 519, Lots 10 through 21 of Westwood Park 2nd Subdivision, Maywood Drive, Redwood Court, and Portion of Redwood Road #8988 – Consideration of Creation of Sanitary Sewer Improvement District No. 520, Lots 1 through 18 & Lots 29 through 47 of Westwood Park Subdivision, Sweetwood Drive, Driftwood Court, and a Portion of Driftwood Drive #8989 – Consideration of Amending Chapter 5 of the Grand Island City Code Relative to Dangerous Animals #8990 – Consideration of Amending Chapter 15 of the Grand Island City Code Relative to Electrical Regulations #8991 – Consideration of Amending Chapter 20 of the Grand Island City Code Relative to Nuisances #8992 – Consideration of Amending Chapter 22 of the Grand Island City Code Relative to Definitions for Recreation Vehicles and Parking Busses in Yards #8993 – Consideration of Vacating Washington Street Between 2nd and 3rd Street and Vacating the Alley Between Washington and Adams Street for Library Expansion 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 first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Page 3, City Council Regular Meeting, July 26, 2005 Councilmember Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #8984 – Consideration of Creation of Sanitary Sewer Improvement District No. 519, Lots 10 through 21 of Westwood Park 2nd Subdivision, Maywood Drive, Redwood Court, and Portion of Redwood Road Steve Riehle, Public Works Director reported that Sanitary Sewer District No. 519 was petitioned by residents in a small area of Westwood Park 2nd Subdivision. A (10) year assessment period was proposed. Motion by Hornady, second by Cornelius to approve Ordinance #8984. City Clerk: Ordinance #8984 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 #8984 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8984 is declared to be lawfully adopted upon publication as required by law. #8988 – Consideration of Creation of Sanitary Sewer Improvement District No. 520, Lots 1 through 18 & Lots 29 through 47 of Westwood Park Subdivision, Sweetwood Drive, Driftwood Court, and a Portion of Driftwood Drive Steve Riehle, Public Works Director reported that Sanitary Sewer District No. 520 was petitioned by residents in a small area of Westwood Park Subdivision. A (10) year assessment period was proposed. Lyna Abshier, 4035 Driftwood Drive and John Libby, 819 Driftwood Court spoke in opposition. Chris Caley, 822 Driftwood Court spoke in support. Discussion was held concerning leach fields, septic tanks, timing, costs, assessments, and location. Motion by Nickerson, second by Cornelius to approve Ordinance #8988. City Clerk: Ordinance #8988 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 #8988 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8988 is declared to be lawfully adopted upon publication as required by law. Page 4, City Council Regular Meeting, July 26, 2005 #8989 – Consideration of Amending Chapter 5 of the Grand Island City Code Relative to Dangerous Animals Doug Walker, City Attorney explained the changes to City Code relative to dangerous animals. Motion by Whitesides, second by Gilbert to approve Ordinance #8989. City Clerk: Ordinance #8989 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 #8989 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8989 is declared to be lawfully adopted upon publication as required by law. #8990 – Consideration of Amending Chapter 15 of the Grand Island City Code Relative to Electrical Regulations Craig Lewis, Building Department Director reported on the changes to Chapter 15 relating to the Electrical Regulations. Motion by Pielstick, second by Hornady to approve Ordinance #8990. City Clerk: Ordinance #8990 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 #8990 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8990 is declared to be lawfully adopted upon publication as required by law. #8991 – Consideration of Amending Chapter 20 of the Grand Island City Code Relative to Nuisances Doug Walker, City Attorney commented on the changes to Chapter 20 of City Code relative to nuisances. Lewis Kent, 624 E. Meves spoke in opposition. Motion by Nickerson, second by Hornady to approve Ordinance #8991. City Clerk: Ordinance #8991 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 #8991 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. Page 5, City Council Regular Meeting, July 26, 2005 Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8991 is declared to be lawfully adopted upon publication as required by law. #8992 – Consideration of Amending Chapter 22 of the Grand Island City Code Relative to Definitions for Recreation Vehicles and Parking Busses in Yards Doug Walker, City Attorney reported on the changes to Chapter 22 relative to definitions and parking. Mary Lucas, 1004 West Anna Street spoke in opposition. John Peterson, 1820 North Broadwell spoke in support. A lengthy discussion was held regarding busses versus recreational vehicles and size. Motion by Whitesides, second by Pielstick to approve Ordinance #8992. City Clerk: Ordinance #8992 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Pauly, Hornady, and Haase voted aye. Councilmember’s Nickerson, Cornelius, and Walker voted no. The Mayor exercised his mayoral right to vote and voted yes. Motion adopted. City Clerk: Ordinance #8992 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Pauly, Hornady, and Haase voted aye. Councilmember’s Nickerson, Cornelius, and Walker voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8992 is declared to be lawfully adopted upon publication as required by law. #8993 – Consideration of Vacating Washington Street Between 2nd and 3rd Street and Vacating the Alley Between Washington and Adams Street for Library Expansion Doug Walker, City Attorney reported that with the addition to the Edith Abbott Memorial Library, the city needed to vacate Washington Street between Second and Third Street and the alley between Washington Street and Adams Street. Motion by Hornady, second by Gilbert to approve Ordinance #8993. City Clerk: Ordinance #8993 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 #8993 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8993 is declared to be lawfully adopted upon publication as required by law. Page 6, City Council Regular Meeting, July 26, 2005 CONSENT AGENDA: Motion by Hornady, second by Cornelius to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of July 11, 2005 City Council Joint Meeting. Councilmember’s Meyer and Pauly abstained. Approving Minutes of July 12, 2005 City Council Regular Meeting. Approving Minutes of July 19, 2005 City Council Study Session. Councilmember Gilbert abstained. Approving Re-Appointment of Melissa Rae Girard D.V.M. to the Animal Advisory Board. Approving Request of David Soflin, 3017 West Stolley park Road, #99 for Liquor Manager Designation for Sunmart #768, 3420 West State Street. Approving Request of Margaret Stine, 6840 Shadow Ridge Road, Lincoln, Nebraska for Liquor Manager Designation for Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue. Approving Request of Randall Stueven and Maureen Van Hoven for a Conditional Use Permit to Allow Faulk and Foster and Western Wireless Corp. to Construct a Telecommunication Tower Located at 233 South Gunbarrel Road. #2005-204 – Approving FY 2005-2006 Annual Budget for Business Improvement District #3, South Locust Street from Stolley Park Road to Highway 34, and Setting Date for Board of Equalization. Dan Naranjo, BID #3 Board member commented on the budget and stated there was no increase in assessments. #2005-205- Approving FY 2005-2006 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. #2005-206 – Approving FY 2005-2006 Annual Budget for Business Improvement District #5, Downtown, and Setting Date for Board of Equalization. #2005-207 – Approving FY 2005-2006 User Fee Schedule. #2005-208 – Approving Application for Access and Visitation Center Program Grant with Nebraska Department of Health and Human Services. #2005-209 – Approving Termination and Release Agreement with Northwest Electric on Blower Repair for Waste Water Treatment Plant. #2005-210 – Approving Continuation of Street Improvement District No. 1257, Shanna Street in Western Heights 4th Subdivision. Page 7, City Council Regular Meeting, July 26, 2005 #2005-211 – Approving Agreement with NE Department of Roads for Repairs to US Highway 281 from Old Potash to Capital Avenue. It was noted that the State agrees to participate in 50% of the actual construction cost with a maximum amount of $150,000. Construction costs were anticipated to be $300,000. #2005-212 – Approving Acquisition of Property Located at 409 East Fonner Park Road. (Hall County Livestock Improvement Association) #2005-213 – Approving Implementation of Wells Fargo Managed Accounts Program for Fire Retirement Plan. #2005-214 – Approving Implementation of Wells Fargo Managed Accounts Program for Police Retirement Plan. #2005-215 – Approving City Engineer as Authorized Representative for NDEQ Storm Water Permit Program. REQUESTS AND REFERRALS: Consideration of Request from Scott Adams, 2712 West Charles Street Relative to Chapter 16 of the City Code for Changes to Projectile Type Fireworks. Scott Adams, 2712 West Charles Street requested Council change City Code Section 16-20 to prohibit projectile fireworks. Mentioned were public safety issues. Kenneth Enck, 619 North Sherman, Marvin Kolar, 1739 South Ingalls, and Robert Colgan, 2319 Independence spoke in opposition. Margie Kolar, 1739 South Ingalls thanked the council for listening. Motion by Nickerson, second by Cornelius to bring this request back to a Study Session in the near future. Upon roll call vote, Councilmember’s Nickerson and Cornelius voted yes. Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Pauly, Hornady, Walker, and Haase voted no. Motion failed. Consideration and Approval of Funding Requests from Outside Agencies. David Springer, Finance Director reported that if Council wanted to increase an outside agency one of three things would have to happen: 1) cut out other expenses in the budget 2) raise the tax levy or 3) draw down the reserves. Councilmember Pielstick apologized to H & H Distributing for comments made at the July 19, 2005 Study Session regarding the fishing derby. Councilmember Meyer also apologized to Mr. Meister for information that was unfounded. John Meister representing the Isaac Walton Fishing Derby gave a background on the fishing derby. Discussion was held concerning the $2,000 request. Motion by Whitesides to approve staff recommendation with an increase of $2,500 to the Central Nebraska Humane Society for a total of $160,000. Motion died due to lack of a second. Page 8, City Council Regular Meeting, July 26, 2005 Councilmember Nickerson recommended increasing Hope Harbor to $10,000 and funding the Grand Theatre in the amount of $5,000. Motion by Pauly, Second by Walker to approve the funding requests as submitted by city staff. Discussion was held with funding the Grand Island Dive and Rescue Team. Motion by Nickerson, second by Gilbert to amend the motion to add $5,500 to Hope Harbor, $2,000 to the Grand Island Dive Rescue Team, and $5,000 to the Grand Theatre. Upon roll call vote, Councilmember’s Gilbert, Nickerson, and Cornelius voted yes. Councilmember’s Meyer, Whitesides, Pielstick, Pauly, Hornady, Walker, and Haase voted no. Motion failed. Motion by Meyer, second by Pauly to amend the motion and add $2,000 to the Grand Island Dive Rescue Team. Upon roll call vote, all voted aye. Motion adopted. Motion by Cornelius, second by Gilbert to amend the amendment and add $5,500 to Hope Harbor. Upon roll call vote, Councilmember’s Gilbert, Nickerson, and Cornelius voted yes. Councilmember’s Meyer, Whitesides, Pielstick, Pauly, Hornady, Walker, and Haase voted no. Motion failed. Upon roll call vote on the main motion and amendment to approve the funding request as submitted by city staff and add $2,000 to the Grand Island Dive Rescue Team, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady to approve the Claims for the period of July 13, 2005 through July 26, 2005, for a total amount of $2,913,335.43. Motion adopted unanimously. Councilmember Pielstick abstained from voting on claim #104302. ADJOURN TO EXECUTIVE SESSION: Motion by Hornady, second by Cornelius to adjourn to Executive Session at 9:55 p.m. for the purpose of discussing personnel issues. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Nickerson, second by Cornelius, to return to Regular Session at 10:50 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 10:50 p.m. RaNae Edwards City Clerk Item G2 Approving Re-Appointments of Gene McCloud and Rhonda Saalfeld to the Business Improvement District (BID) #3 Board The Mayor with Council approval is recommending the re-appointments of Gene McCloud and Rhonda Saalfeld to the Business Improvement District #3 Board. These appointments would become effective immediately and continue through the life of the district. Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G3 Approving Request from 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, Jim Cannon, and Scott Zana to the Board of Directors for the Fonner Park Exposition and Events Center, Inc. are recommended. Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Request of Larry Knuth for Conditional Use Permit for a Sand and Gravel Operation Located at 3554 West Wildwood This item relates to the aforementioned Public Hearing Item E-2. Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G5 #2005-216 - Approving Change to Development Agreement for Via Milano Subdivision Relative to Distance Between Buildings on Adjacent Lots and Infringements into the Easements and Outlots This item relates to the aforementioned Public Hearing Item E-4. Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-216 WHEREAS, on November 23, 2004, by Resolution 2004-293, the City Council of the City of Grand Island approved the final plat and Subdivision Agreement for Via Milano Subdivision; and WHEREAS, the owner has requested an amendment to the subdivision agreement to limit the proximity of buildings on adjoining lots and permit eaves to extend into the outlots and easements; and WHEREAS, an Amendment to the Via Milano Subdivision Agreement has been prepared by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Amendment to the Via Milano Subdivision Agreement is hereby approved to limit the proximity of buildings on adjoining lots and to permit eaves to extend into the outlots and easements. BE IT FURTHER RESOLVED, that 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 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G6 #2005-217 - Approving Final Plat and Subdivision Agreement for Goodrich Second Subdivision Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 9, 2005 Subject: Goodrich Second Subdivision - Final Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to replat lots 1-12 Block 1 Goodrich Subdivision into 3 lots. This land consists of approximately 1.356 acres. Discussion This property is zone R4-High Density Residential. Sewer and water are available or will be extended to the properties. This subdivision meets the requirements for the R4 zoning district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the final plat as presented 2. Modify the final plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick 2nd by Brown to approve by consent agenda and recommend that the City Council approve the subdivision as presented. A roll call vote was taken and the motion passed with 10 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Ruge, Monter, Wagoner) voting in favor. Sample Motion Approve the Final Plat for Goodrich Second Subdivision as presented. Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-217 WHEREAS, Procon Development Company, L.L.C., a Nebraska limited liability company, as owner, has caused to be laid out into lots, a tract of land comprising all of Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block One (1), Goodrich Subdivision, in the City of Grand Island, Hall County, Nebraska, and that part of the vacated alley as shown in Ordinance No. 4823, recorded in Book 20, Page 203, Hall County Register of Deeds Office, and excepting a certain tract (City Storm Sewer Right-of-Way) described in Quitclaim Deed recorded in Book 161, Page 30, Hall County Register of Deeds Office, under the name of GOODRICH 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 of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of GOODRICH 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 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G7 #2005-218 - Approving Final Plat and Subdivision Agreement for Martin's Fourth Subdivision Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 9, 2005 Subject: Westgate Ninth Subdivision - Final Plat Item #’s: G-7 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to replat lot 3 Martin’s Third Subdivision into 2 lots. This land consists of approximately 12.26 acres. Discussion This property is zoned B2 General Business and the proposed lot configuration is legal in the B2 zoning district. Sewer and water are available to the lots. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the final plat as presented 2. Modify the final plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick 2nd by Brown to approve by consent agenda and recommend that the City Council approve the subdivision as presented. A roll call vote was taken and the motion passed with 10 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Ruge, Monter, Wagoner) voting in favor. Sample Motion Approve the Final Plat for Martin’s Fourth Subdivision as presented. Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-218 WHEREAS, 281 & Old Potash L.L.C., a limited liability company, as owner, has caused to be laid out into lots, a tract of land comprised of Lot 3 of Martin's Third Subdivision, in the city of Grand Island, Hall County, Nebraska, under the name of MARTIN'S FOURTH 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 of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of MARTIN'S FOURTH 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 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G8 #2005-219 - Approving Final Plat and Subdivision Agreement for Sunny Side Second Subdivision Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: August 9, 2005 Subject: Sunny Side Second Subdivision - Final Plat Item #’s: G-8 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to replat lots 25-36 Sunny Side Subdivision into 2 lots. This land consists of approximately .817 acres. Discussion This property is zone R4-High Density Residential. Sewer and water are available or will be extended to the properties. This subdivision meets the requirements for the R4 zoning district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the final plat as presented 2. Modify the final plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Amick 2nd by Brown to approve by consent agenda and recommend that the City Council approve the subdivision as presented. A roll call vote was taken and the motion passed with 10 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Ruge, Monter, Wagoner) voting in favor. Sample Motion Approve the Final Plat for Sunny Side Second Subdivision as presented. Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-219 WHEREAS, Procon Development Company, L.L.C., a Nebraska limited liability company, as owner, has caused to be laid out into lots, a tract of land comprising all of Lots Twenty Five (25), Twenty Six (26), Twenty Seven (27), Twenty Eight (28), Twenty Nine (29), Thirty (30), Thirty One (31), Thirty Two (32), Thirty Three (33), Thirty Four (34), Thirty Five (35), and Thirty Six (36), Sunny Side Subdivision, in the City of Grand Island, Hall County, Nebraska, and that part of the vacated Edward Street as shown in Ordinance No. 4804, recorded in Book 19, Page 362, Hall County, Register of Deeds Office, and that part of the vacated alley as shown in Ordinance No. 4824, recorded in Book 20, Page 204, Hall County Register of Deeds Office, and excepting a certain tract (City Storm Sewer Right-of-Way) described in Quitclaim Deed recorded in Book 161, Page 30, Hall County Register of Deeds Office, under the name of SUNNY SIDE 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 of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SUNNY SIDE 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 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G9 #2005-220 - Approving Bid Award - Corrosion Control Solution - Utilities Department, Water Department Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader; DaleShotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: August 9, 2005 Subject: Bid Award - Liquid Ortho-Polyphosphate for Corrosion Control - Platte Pumping Station Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background The City was issued an Administrative Order by the Nebraska Health and Human Services on March 24, 1998, requiring compliance with the Lead and Copper Rule. Because City water was corrosive enough to leach copper from household plumbing and fixtures in excess of EPA limits, the order required the preparation of an Optimum Corrosion Control Treatment program (OCCT). The OCCT program includes the addition of liquid ortho-polyphosphate solution to the source water and the addition was implemented in May 2003. Annual testing of the water system indicates that the goal of reducing corrosiveness, and thus copper levels, to comply with the regulatory order has been achieved. Discussion The contract to provide the additive for this year is completed. Therefore, specifications for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control for another year were prepared and issued for bid. The specifications require a firm price for the product to maintain the guaranteed dose rate. Two bids were received as listed below. The bids were evaluated based upon the total cost to treat 4.5 billion gallons of water (a high estimate of annual treatment needed). Bidder Price/gal Price/mil gal Est. annual cost Aqua Smart, Inc., Atlanta, GA $7.140 $27.49 $123,705.00 CalciQuest, Inc., Belmont, NC $4.945 $19.78 $ 89,010.00 Department engineering staff has reviewed the bids for compliance with the City’s detailed specifications. AquaSmart did not include sales tax in their price. Otherwise, both bids are compliant. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation: City Administration recommends that the purchase of liquid ortho-polyphosphate be awarded to CalciQuest, Inc. from Belmont, North Carolina, as the low responsive bidder, for a firm price of $19.78 per million gallons of water treated in an annual amount estimated at $89,010.00. The actual annual amount will depend on City water usage. Sample Motion Motion to approve the award for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control in the amount of $19.78 per million gallons of treated water awarded to CalciQuest, Inc. from Belmont, North Carolina. 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 27, 2005 at 11:00 a.m. FOR: Liquid Ortho-Polyphosphate for Corrosion Control DEPARTMENT: Utilities ESTIMATE: $175,000.00 FUND/ACCOUNT: E525 PUBLICATION DATE: July 15, 2005 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Aqua Smart, Inc. CalciQuest Atlanta, GA Belmont, NC Bid Security: $6,997.50 Aegis Security Insurance Co. Exceptions: None None Bid Price: $123,705.00 $89,010.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Tim Luchsinger, Assist. Utilities Director PGS Pat Gericke, Utilities Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1011 Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-220 WHEREAS, the City of Grand Island invited sealed bids for Purchase of Liquid Ortho- Polyphosphate for Corrosion Control, according to plans and specifications on file at the Platte Generating Station; and WHEREAS, on July 27, 2005, bids were received, opened and reviewed; and WHEREAS, CalciQuest of Belmont, North Carolina, 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 $19.78 per million gallons of water treated in an annual amount estimated at $89,010.00; and WHEREAS, the actual annual amount will depend on City water usage; and WHEREAS, such bid is below the 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 CalciQuest of Belmont, North Carolina, for the purchase of liquid Ortho-Polyphosphate for corrosion control in the amount of $19.78 per million gallons of treated water is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G10 #2005-221 - Approving Replacement of Fire Protection Systems at the Utilities Service Center Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: August 9, 2005 Subject: Replacement of Fire Protection Systems at the Utility Service Center Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department Service Center has a fire protection sprinkler system consisting of water pipes and sprinkler heads. That system covers the operation offices, purchasing, warehouse and truck garage areas. Central Sprinkler Company, an affiliate of Tyco Fire Products of Lansdale, PA is the maker of the fire suppression system. The company has issued a Voluntary Sprinkler Replacement recall to replace parts of the sprinkler heads. They will provide parts and labor to replace the original O-Ring Sprinkler Heads with an improved design, at no cost to the Department. The Department has 51 of the sprinkler heads covered in the recall. Discussion Prior to the replacement, Central Sprinkler Company and Tyco Fire Products require a “Waiver, Release of Claims and Replacement Agreement” to be signed by the “Owner”, in this case, the Mayor with approval by City Council. The agreement limits the liability of Central Sprinkler Company and Tyco Fire Products for prior claims associated with the sprinkler heads. Fortunately, the Utilities Department has not had occasion for the system to operate, so there are no “prior claim” issues at this time. The Legal Department has reviewed the agreement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the waiver agreement, and that the O-Ring Sprinkler Heads be replaced. Sample Motion Motion to approve the Waiver, Release of Claims and Replacement Agreement with Central Sprinkler Company. Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-221 WHEREAS, the Utilities Department Service Center has a fire protection sprinkler system consisting of water pipes and sprinkler heads that covers the operation offices, purchasing, warehouse and truck garage areas; and WHEREAS, Central Sprinkler Company, an affiliate of Tyco Fire Products of Lansdale, Pennsylvania is the maker of the fire suppression system; and WHEREAS, the company has issued a Voluntary Sprinkler Replacement recall to replace parts of the sprinkler heads; and WHEREAS, such recall will provide parts and labor to replace the original O-Ring Sprinkler Heads with an improved design, at no cost to the Department; and WHEREAS, prior to the replacement, Central Sprinkler Company and Tyco Fire Products require a Waiver, Release of Claims and Replacement Agreement to limit the liability of Central Sprinkler Company and Tyco Fire Products for prior claims associated with the sprinkler heads; and WHEREAS, the City Attorney's office has reviewed and approved the proposed agreement, and no prior claims exist pertaining to the sprinkler heads. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute the Waiver, Release of Claims and Replacement Agreement with Central Sprinkler Company to provide parts and labor to replace the original O-Ring Sprinkler Heads at the Utility Service Center involved in the recall. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G11 #2005-222 - Approving Cross Street Banners Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: August 9, 2005 Subject: Cross Street Banners Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background For over 20 years the Utilities Department has provided a public service of placing advertising banners across downtown streets for public and private, non-profit functions. Banners were required to conform to the policy adopted by Council in 1985, copy attached. Banner locations were; across 2nd Street at Cedar, across 3rd Street at Cedar, and across 2nd Street at Sycamore. Recent changes in Federal Highway Administration and Nebraska Department of Roads regulation will affect this historical practice as two of the three banner locations cross a federal highway, US 30/ 2nd Street. The new regulations became effective on July 1, 2005. The new federal/state regulations place limitations on where in the highway right of way banners can be placed and also limit the types of advertising that can utilize banners across highways. Discussion Banner Locations: The new regulations prohibit cross street banner installation within 50 ft. of a signal controlled intersection. The 2nd and Sycamore banner location spanned that intersection parallel to Sycamore at the curb line. That location does not meet the new regulations and that location is no longer being used. The other two banner locations are not affected by this section of the rules. Types of Advertising : The new regulation prohibits the use of banners which include the name, symbol, slogan, or any identifying feature of a person, business, commercial product, or any private activity irregardless of whether or not it is a non-profit organization. This portion of the regulation affects the other location on 2nd Street at Cedar. Organizations currently utilizing the cross street banner advertising service but who will no longer be allowed include: Heartland United Way, Goodwill Charity Shoot, St Francis Hospital Healthfest, Team Mates Mentoring, GI Nurses Association, Eagles Camper Convention, 1st Church of the Nazarene Earth Day These banners may still be placed at the 3rd and Cedar location since that is not a federal highway. The new regulation does provide that public events sponsored or sanctioned by the governing body of the city or village, which do not conflict with the previous prohibitions, may be allowed, but only with the formal support of that governing body. Public events currently utilizing the cross street banner advertising are: Central Nebraska Ethnic Festival, Downtown Market, Hall County Fair, Husker Harvest Days, City of Kindness, Health Department-Employee Health & Fitness Week, Cholesterol Testing, Child Abuse Prevention, the American Great Race and Discover Downtown In order to provide compliance with the sponsoring requirements of the new regulations, the City Council would need to sanction these advertisings. Also, the city or village must be the applicant for the state permit. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council declare the following list of events and promotions as of community interest and direct staff to make application to the State of Nebraska, Department of Roads for permits to allow hanging of the banners: Central Nebraska Ethnic Festival, Downtown Market, Hall County Fair, Husker Harvest Days, City of Kindness, Health Department-Employee Health & Fitness Week, Cholesterol Testing, Child Abuse Prevention, the American Great Race and Discover Downtown Sample Motion Motion to approve the above list of events and promotions as community interest and apply to the State of Nebraska, Department of Roads for permits to allow hanging of banners. Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-222 WHEREAS, for over 20 years the Utilities Department has provided a public service of placing advertising banners across downtown streets for public and private, non-profit functions;; and WHEREAS, banner locations were across Second Street at Cedar Street, across Third Street at Cedar Street and across Second Street at Sycamore Street; and WHEREAS, recent changes in the Federal Highway Administration and the Nebraska Department of Roads will affect banners at two of the crossings since they cross a federal highway right-of- way (U.S. Highway 30); and WHEREAS, the new federal/state regulations place limitations on where in the highway right-of-way banners can be placed and also limit the types of advertising that can utilize banners across highways; and WHEREAS, in order to comply with the new regulations, which became effective on July 1, 2005, the City must make application to the Nebraska Department of Roads to authorize the banners to cross U.S. Highway 30. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the following events and promotions are hereby declared to be of community interest, and City staff is hereby directed to make application to the State of Nebraska Department of Roads for permits to allow banners promoting such events or promotions in accordance with the Nebraska Department of Roads Banner Policy: Central Nebraska Ethnic Festival Downtown Market Hall County Fair Husker Harvest Days Cholesterol Testing Child Abuse Prevention The American Great Race Discover Downtown City of Kindness Health Department Employee Health & Fitness Week - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G12 #2005-223 - Approving Agreement with USGS and the City of Grand Island for Platte River Well Field River Channel Analysis Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: August 9, 2005 Subject: Platte River Well Field River Channel Flow Analysis Item #’s: G-12 Presenter(s): Gary R. Mader, Utilities Director Background South of the City, at the municipal Well Field, the Platte River is comprised of four separate channels over a mile and a half in total width. The City Well Field is on the east end of Indian Island which is bordered by the two northern most channels of the four. Previous computer hydraulic modeling of the Well Field, its interaction with surface streams, and its interaction with adjacent groundwater deposits, shows that the maintenance of flows in the adjacent river channels is very important to the maintenance of water quality in the aquifer waters underlying the Well Field. The modeling also shows that during periods of dry river conditions, the continued operation of the Well Field can, after several months, begin to draw adjacent groundwater, contaminated with nitrate levels well above the drinking water standards, toward the City’s facilities. Thus the maintenance of flows to the greatest extent possible in the north river channels is important to protecting the Well Field, and particularly maintaining flow in the far north channel. During the last few years, Utility staff has noted that the north channel does not appear to be maintaining its proportional flow when compared to the other three. Two years ago, Utility and NRD staff flew the river during low flow conditions and noted that there had been substantial modifications made in the river channels at a dividing point upstream of the Well Field. After consultations with the landowner and the Corps of Engineers, a 404 Permit was obtained and a local contractor was hired to do some major restoration in the river to redistribute the flows to return more water to the north channel. That project was successful. However, continued observations indicated that the flow proportions in the channels adjacent to the Well Field were still less than historical levels. The river was again flown last fall, just as the flows were returning to the river. The north channel was the last to see return of surface flow, lagging the south channel by several weeks. It appears that there may be additional channel modifications upstream of the first location corrected, but we are lacking accurate historical data by which to judge changes that have been made, and to document wha t modifications need to be made, to restore historical balance. Discussion The Utilities Department has been working with the U.S. Geological Survey Division (USGS) and the Central Platte NRD to attempt to develop a program to document the historical and current proportional channel flows in the reach of the river affecting the City Well Field. USGS is the lead agency. The initial proposal from USGS put the cost of the project at just under $160,000. USGS would cost share about $40,000 but having the Water Department responsible for $120,000 was more than its current financial condition would allow. In April, Department staff met with the USGS and the CPNRD. It was decided to modify the research project to place maximum focus on the two most critical division points in the river, to reduce the number of field measurements required in the first data set, and to spread the project over two years. CPNRD also agreed to cost share if the project was done over two years. USGS subsequently revised the project proposal to reflect a two year time line for completion with a corresponding payment schedule. The proposed project cost is tabulated below. Fiscal 2005-2006 Fiscal 2006-2007 USGS $20,000 $20,000 CPNRD $20,000 $20,000 City of Grand Island $17,500 $52,150 Total $57,500 $92,150 $149,650 The first year payment by the Water Department is included in the ’05-’06 Water Department Budget, as currently proposed. As the Platte River becomes increasingly regulated and as the river channels continue to be modified by private and public entities for specific beneficial purposes, having sound, complete data on channel water distribution will be very important in maintaining the river to the benefit of the City’s Well Field. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the U.S. Geological Survey proposal for Geomorphic Assessment of Selected Channels of the Platte River near Grand Island, Nebraska be approved by the City Council. Sample Motion Motion to approve the Geomorphic Assessment of Selected Channels of the Platte River near Grand Island, Nebraska proposed from U.S. Geological Survey. U.S. GEOLOGICAL SURVEY PROJECT PROPOSAL Geomorphic Assessment of Selected Channels of the Platte River near Grand Island, Nebraska by Richard Wilson, PE Brenda Woodward July 28, 2005 SUMMARY An understanding of the Platte River channel characteristics, hydrologic flow patterns, and geomorphic conditions near Grand Island, Nebraska is important for the operation and management of the water resources of the City of Grand Island. The North Channel of the Platte River flows within one mile of the well field and the surface water flow recharges the underlying aquifer which serves as a source of water supply to the City. This project will research and analyze historical aerial photography and data sets obtained from previous topographic and bathymetric surveys to explain significant changes in the channels over the years. A topographic survey of three specific locations on the Platte River will be conducted to supplement a LIDAR (Light Detection And Ranging) survey covering the three locations plus all other channels and the area between study sites. BACKGROUND AND PROBLEM The Platte River is the major watercourse flowing through the State of Nebraska. The river supplies water for irrigation, domestic and industrial use, fish and wildlife, and provides recreational opportunities for the state. The Platte is a braided shallow river at many locations throughout Nebraska including the area in Central Nebraska near Grand Island. The City of Grand Island, with a population of 45,000, is located in Hall County in central Nebraska. The North Channel of the Platte River flows within one mile of the City of Grand Island’s well field. The North Channel of the Platte River is considered by the City (Gary Mader, verbal communication) to be the significant source of recharge to the ground water in the vicinity of the well field. Historically, during July, August, and September the mean average flow of the River declines to 500-1,000 ft3/s (USGS Gaging Station 06770500 at the Platte River near Grand Island). It is suspected that the low flows reduce the amount of recharge to the ground water and therefore the ground water levels continue to decline. The current drought has accelerated the problem of water level declines. At low flow conditions, even minor river channel modifications including limited grading operations of excavation equipment within the channel can redirect flow. Therefore, the current geomorphic conditions of the river and the historical channel disposition, scourer, and meander are important in the evaluation of the potential ground water recharge available to the City of Grand Island well field. The study area reach extends along the Platte River (figure 1) beginning upstream of the Wood River I-80 interchange (approximately 7 miles west of Hwy 281) and proceeding downstream to the city of Grand Island well field two miles east and one mile north of the Interstate 80 and US Hwy 281 interchange. There are two specific areas of concern: · Site 1, located on the North Channel of the Platte River two miles west of the intersection of Interstate 80 and US Hwy 281, latitude 40.81612 longitude 98.41684 (figure 2). · Site 2, located upstream, seven miles west of Hwy 281 and 0.75 miles south of Interstate 80 where all channels flow as one , latitude 40.73697 longitude 98.62475 (figure 3). FIGURE 1. STUDY AREA FIGURE 2. SITE 1 FIGURE 3. SITE 2 Above maps created in TOPO! 2001 National Geographic OBJECTIVES The U.S. Geological Survey (USGS) in cooperation with the City of Grand Island and the Central Platte Natural Resources District (CPNRD) proposes to study the geomorphic changes of the channel in the Platte River at two discrete locations. Specifically, the study objectives are: 1. Compare and review historical aerial photography, hydrologic studies, topographic and bathymetric surveys and other data sets to determine historical Platte River channel and floodplain changes. 2. Conduct topographic surveys of sites 1 and 2 within the study area to determine geomorphic changes and map channel physical characteristics using Real Time Kinematic (RTK) Global Positioning System (GPS). Also, conduct a LIDAR (Light Detection And Ranging) survey which will be supplemented by the RTK-GPS surveys. The results of the combined LIDAR surveys will produce a one foot topographic map of the 33 square mile study area for areas unsubmerged. The RTK GPS survey will produce 37 channel cross sections on the upstream site and 23 on the downstream site including both submerged and unsubmerged areas. 3. Determine expected flows in individual channels of the braided system from surveys and concurrent stream discharge measurements of the Platte River at several locations during stable flows. Correlate seven of these sites with those surve yed by Quang M. Nguyen and Martha W. Gilliland in 1985 (Nguyen and Gilliland 1985). 4. Investigate changes in the Platte River study site determined from comparison of survey methods and historical analysis to determine if changes are from human channel modifications or natural channel shifting. APPROACH Inventory and Analysis of Historical Watershed Surveys Historical i nformation, including maps and documentation of field surveys and aerial photography, will be compiled and analyzed. Channel characteristics (bank slope, high bank elevation, bed elevations, and channel width) will be compared between old survey locations and current surveys of approximately the same locations. Available aerial photography will be evaluated through time to Identify laterally migrating channels and the apex of the meanders. Analysis of aerial photography will not be used for measures of specific changes in the channel, but will give a general idea of the variability of these braids. Analysis of old surveys compared with current surveys will give more detailed information about the rate of change in these braided channels. Survey Preparation USGS will obtain digital orthophoto quadrangles (DOQs) of the project reaches in tagged- image-file format. These will be loaded into Environmental Systems Research Institute Geographic Information System (GIS) software and determine preliminary endpoints for hydrographic-survey cross sections. For each of the two project reaches, the cross sections will be: 1. High-bank to high-bank straight line; 2. Generally perpendicular to the flow of the Platte River; and 3. Spaced at 50 meter intervals (cross-section midchannel point to cross-section midchannel point), the main channel splits of concern, this area will be referred to as the core study site (Figure 5 and 6). A total of 37 or 23 survey lines will be located within this core study site with the capability to survey an additional 15 lines per site in areas where the initial data collection shows more data is needed. The preliminary cross-section endpoints will provide initial starting points for field operations, and will be confirmed with City of Grand Island and CPNRD prior to initiation of field activities. Final cross-section endpoints will be determined in the field based on evaluation of the high bank locations and evaluation of obstructions that hinder data-collection activities. USGS will communicate with City of Grand Island and CPNRD concerning revisions to cross-section locations that occur during field data -collection activities. Field reconnaissance of the project reaches will occur prior to the onset of data-collection activities. Project reaches will be evaluated for land-based access to aid in data-collection activities. Positional control points will be established at accessible locations within or near the project reaches for daily quality control and for base station setup. These control points will be surveyed from US National Geodetic benchmarks of high order and stability. GPS Survey The data above water surface, or topographic land survey, will be collected using a RTK GPS. Bases will be set on newly established positional control points as described above. Roving units will be in backpacks with the GPS antenna mounted to the pack frame. Data points including northing, easting, and elevation will be continuously collected as the surveyor walks along established transects displayed in handheld data collectors. Data coordinates will be collected in Nebraska state plan meters and elevations will be in North America Vertical Datum 88 meters using a Geoid model. Correction factors received from the base station are continuously applied to each data point as well as antenna height offsets, so that all data stored is correct and accurate. Survey points will generally be collected in less than two foot increments along the transects where vegetation cover does not block satellite communication. Each transect will run from top of bank to top of bank and will include points with descriptions that designate bankful, right and left edge of water, sand bars, and islands. This method of surveying will be used for all land and wadable areas of the cross-section. GPS data will determine thalweg elevation, channel width, and bed slope. Additional information will be recorded for each transect including bed material, bank soil type, near bank vegetation cover, other noticeable details about the transect line, and noticeable details about areas between transect lines. This data will be collected along a total of 38-52 lines per site (37 or 23 original lines and 15 extra lines if necessary) plus additional lines where discharge measurements are made and where old survey information was collected. LIDAR Survey The US Geological Survey Rolla, Missouri Geographic Science Center will conduct a LIDAR survey of the study area. The LIDAR data will be acquired over an area of approximately 33 square miles or 85 square kilometers. LIDAR data will be acquired (with a nominal post spacing of 1 -2 meters) and processed to include bare-earth with vertical RMS error to support one foot contours. Contours will not be hydrologically enforced (may be places where contours cut off portions of streams depending on obstructions in the water). A one foot or 0.314 meter contour map will be generated of the area. It is possible that USGS may fly the area twice to ensure that the vertical accuracy is met. Discharge Measurements Discharge measurements will be collected using standard USGS stream measurement protocol. The measurements will be taken at selected locations within the study area. The purpose of the discharge measurements is to determine the distribution of flow within the study area. GIS Data Processing Water surface elevations will be collected by GPS at the time of the survey. The GPS survey data and the LIDAR survey data will be merged into one data set. From these base transects a triangulated irregular network (TIN) will be extracted and contoured to represent the topography of the study area. This information will be correlated with the discharge measurements to gain an understanding of geomorphic system dynamics and flow patterns within the study area. A second database will be created containing current survey data, historical survey data (when available), historical and current digital images, soil classification maps, land cover, and other relative data bases. This database will be created to support interpretations of historical data and for future uses. Report Preparation A web published interpretive report will be the result of this study. Contour maps of each of the two study sites created with GPS data will be included in the report along with a one ft contour map created with the L IDAR data. A fourth contour map will merge the two data sets into one for a highly accuracy representation of the Platte channels in the study area. The report will include data collection methods along with interpretation of historical data, current survey data, and discharge data. QUALITY ASSURANCE Accuracy of horizontal-position and elevation data will be documented by occupying points of known horizontal position and elevation, including both permanent markers and several stakes along the shoreline of the survey area. At the start and end of each surveying session GPS roving units will be checked against permanent markers. Checks on surveyed stakes will occur periodically through out the survey as these stakes are encountered along the shoreline (a minimum of once a day). In addition, ten percent of lines will be resurveyed for quality assurance. Resurveying will be conducted with a different GPS rover than the unit that collected the initial data. Resurveying will occur on the same day as the initial survey to eliminate bed movement interference. All data will be reviewed and checked in the field for completeness. Accuracy of the elevation of GPS surveyed points will have a final check by comparing elevation data to topographic maps and comparing cross sections of those lines next to each other. PRODUCTS USGS will provide an interpretive web report that documents data-collection and analysis methods, and both the raw and processed horizontal-position and elevation data. Cross- sectional profiles will be presented in both tabular and graphical form. Comparisons of past and present conditions will be summarized. RELEVANCE AND BENEFITS The proposed work is consistent with the USGS’s Strategic Direction for the Water Resources Division (WRD) falling under several issues, primarily issue #3 drinking water availability and quality, as well as under issue #9 hydrologic-system management, including optimization of ground-water and surface-water use and issue #8 surface-water and ground-water interactions as related to water-resource management. The proposed study will assist the cooperator by providing current and historical information about how the river channels are changing. These changes potentially affect the City of Grand Islands water supply since the North Channel is considered to supply a large part of the recharge to the water table in the area. PERSONNEL and SCHEDULE The project will start in fall of 2005 and require two weeks of preparation time to set benchmarks, prepare survey line files and other pre-survey activities. The project will require two weeks to conduct the RTK-GPS topographic survey utilizing a four person crew. A four person crew will also be utilized for three days to collect discharge measurements and additional GPS line surveys. The LIDAR Survey will be conducted by personnel from the USGS Geographic Science Center in Rolla, MO during low or no flow conditions in 2005. Initial analysis of historical data and development of a GIS database will also begin in 2005. Surveying of the two core study sites will be conducted in late fall (early FY 2006) or in early spring (FY 2006). The finished GIS database and the web report will be available by November 2006. BUDGET Estimated Expenditure by Object Class Total 2005/2006 2006/2007 Salaries $91,400 $6,200 $85,200 Travel $6,450 $0 $6,450 Supplies and Equipment $1,000 $500 $500 Contracts $50,800 $50,800 -- Project Total Cost $149,650 $57,500 $92,150 USGS Contribution $40,000 $20,000 $20,000 City of Grand Island $69,650 $17,500 $52,150 Central Platte Natural Resource District 40,000 20,000 20,000 REFERENCES Nguyen, Q.M. and M.W. Gilliland, 1985, Soil, surface water, and groundwater characteristics of the Platte River and its aquifer in the vicinity of Grand Island’s Platte River well field. Department of Civil Engineering University of Nebraska-Lincoln, March 1985. Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-223 WHEREAS, south of the City, at the municipal Well Field, the Platte River is comprised of four separate channels over a mile and a half in total width; and WHEREAS, the City Well Field is on the east end of Indian Island which is bordered by the two northern most channels of the four; and WHEREAS, maintenance of flows in the adjacent river channels is very important to the maintenance of water quality in the aquifer waters underlying the Well Field; and WHEREAS, previous computer hydraulic modeling shows that during periods of dry river conditions, the continued operation of the Well Field can, after several months, begin to draw adjacent groundwater, contaminated with nitrate levels well above drinking water standards, toward the City's facilities; and WHEREAS, the maintenance of flows in the north river channels is important to protecting the Well Field, and WHEREAS, the City Utilities Department has been working with the U.S. Geological Survey Division (USGS) and the Central Platte Natural Resources District (NRD) to attempt to develop a program to document the historical and current proportional channel flows in the reach of the Platte River affecting the City Well Field; and WHEREAS, in the past few years, Utility staff has noted that the north channel does not appear to be maintaining its proportional flow when compared to the other three; and WHEREAS, it is important to obtain accurate historical data by which to judge changes that have been made, and to document what modifications need to be made, to restore historical balance; and WHEREAS, USGS and Central Platte NRD have agreed to cost share the research program; and WHEREAS, the research program is proposed to be completed over a two year period, with the City's share of such project is anticipated to be $17,500 from fiscal year 2005-2006, and $52,150 from fiscal year 2006-2007; and - 2 - WHEREAS, as the Platte River becomes increasingly regulated and as the river channels continue to be modified by private and public entities for specific beneficial purposes, having sound, complete data on channel water distribution will be very important in maintaining the river to the benefit of the City's Well Field. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of the U.S. Geological Survey for Geomorphic Assessment of Selected Channels of the Platte River near Grand Island, Nebraska, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G13 #2005-224 - Approving Contract Documents for Participation in the Whelan Energy Center Unit #2 Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: August 9, 2005 Subject: Whelan Energy Center Unit #2; Contract Documents Item #’s: G-13 Presenter(s): Gary R. Mader, Utilities Director Background Project Development: For the last four years, Grand Island has been participating in the development of a new base load, coal fired electric generating plant to be built in Hastings at the same site as the existing Hastings plant. That site is named the Whelan Energy Center (WEC) and the new project is generally referred to as WEC2. WEC2 capacity is designed to be 220 megawatts (MW). The current Grand Island share is 15MW. Other participants include the Municipal Energy Agency of Nebraska (MEAN), the City of Hastings, Heartland Electric Cooperative (S. Dakota), the City of Nebraska City, and Consolidated Wyoming Municipalities. Phase 1 of the WEC2 project included site design, steam cycle engineering selection, plant cost estimates, and unit design to the point of allowing application for environmental permitting by the Nebraska Department of Environmental Quality (NDEQ). The environmental permitting and public hearing processes have been completed and NDEQ has issued the construction permits. Phase 1 of WEC2 project development is completed. Phase 1.5 of the project included preconstruction ambient air particulate monitoring as required by the construction permit; initiation of detailed plant design to maintain the permit requirement to begin construction within 18 months of the permit date; application to the Nebraska Power Review Board for project approval as required by state law, that approval has been received; and initiation of the transmission service study for plant output delivery to the participants. The initial project development work for the WEC2 project has now been completed and all regulatory permits have been issued to allow the project to move forward. Project Governance: The proposed legal structure of the project governance is based upon the Nebraska Interlocal Agreement statutes, wherein public entities are enabled to join forces for public projects. This project proposes to utilize the Interlocal Agreement process to create a governing body for the power plant project, with the board of that governing body made up of representatives from each of the project participants. That governing agency is named the Public Power Generating Agency (PPGA). The incorporation documents associated with this project have been reviewed by legal counsel retained by the group to assist in development, the legal counsels of the parties, and in the case of Grand Island, by our Bond Council, Baird Holm. Each project participant would have a seat on the PPGA Board of Directors, as assigned by the governing entity of each of the participants. In the case of Grand Island, the City Council would appoint a Board Director to represent the City. The creation of the Public Power Generating Agency includes the approval of three documents; - The Interlocal Agreement – constructed in accordance with statutory requirements to create the Public Power Generating Agency (PPGA) - The Bylaws of the Public Power Generating Agency (PPGA) – the document defining the operation, governing authority, duties and obligations of the PPGA - The Participation Agreement – a contract, signed by each of the participants, which describes the terms and conditions for Project rights and obligations. Each of these documents is interrelated to the others, so a single effective date is proposed for all three of the agreements. That date is September 1, 2005. Discussion The last round of construction of large, base load power plants in the state occurred in the late 1970’s and early ‘80’s. It was during that time that the cities of Grand Island, Hastings, and Fremont added coal fired plants, and Nebraska Public Power District built the Gerald Gentleman plant in western Nebraska and Omaha Public Power District built the Nebraska City plant in the east. Since that time, electric load growth has been met from the excess capacity built into those plants and, more recently, by the addition of gas turbine peaking units. The most cost effective generation mix is a combination of base load power plants (those having low operating costs but high first costs) intended for nearly constant operation, and peaking plants (those having low first costs but high operating costs) intended for limited hours of operation to meet only peak loads of short duration. As load growth has continued, the cost effectiveness of the current generation mix in the state, i.e. the balance of base load units and peaking units, is being diminished as more peaking unit operation is required to meet electric demand. Differing fuel costs between base load and peaking units create a substantial difference in the cost of generation. The City’s Platte Generating Station produces electricity with a fuel cost of $10 - $12/MWh; Burdick Station peaking units are fired by natural gas and produce power for a volatile $100/MWh. From the fiscal ’03-’04 audit, Grand Island’s retail electric rate averaged only $49.00/MWh. To maintain a competitive rate structure, electricity production from Burdick Station must be limited to peaking service only. As a result of the statewide need for base load electric generating resources, two large projects are currently being developed in Nebraska; Nebraska City Unit #2 (NC #2), a 600 MW coal fired power plant and the Whelan Energy Center Unit #2 project, a 220 MW coal fired power plant. Grand Island is a participant in the Nebraska City project at a 30 MW level. That plant is in the early stages of construction and is scheduled for commercial operation in the spring of 2009. The Whelan Energy Center #2 project is on a later time line with a scheduled commercial operation date of 2012. Currently, the City’s only base load electric power resource is Platte Generating Station, which has a capacity of 100 MW. Grand Island’s electric load, like that of the state in general, continues to grow. The City’s summer peak loads are now regularly over 150 MW, and the Gas Turbines are routinely used during peak load conditions in the summer months. Electric loads are also growing in non-summer months. In January of 2005, peak electric demand reached 99.2 MW, and the City’s electric loads in the winter are projected to continue to grow above the 100 MW capacity of Platte Generating Station. In another five years, the City’s loads are projected to exceed 100 MW most months of the year. In order to maintain a near optimum mix of electric generation resources for the future, base load capacity will need to be added. The WEC #2 project offers an opportunity to do so in a staged approach, three years after the NC #2 unit is on line. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the City participate in the Whelan Energy Center Unit #2 power plant project and that the City Council authorize the Mayor to execute the three base documents for that project participation. Sample Motion Motion to approve participation in the Whelan Energy Center Unit #2 power plant project and authorize the Mayor to execute the three contract documents. Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-224 WHEREAS, for the past four years, the City of Grand Island has been participating in the development of a new base load, coal fired electric generating plant to be built in Hastings at the same site as the existing Hastings plant; and WHEREAS, the site is named the Whelan Energy Center (WEC) and the new project is generally referred to as WEC2; and WHEREAS, the WEC2 capacity is designed to be 220 megawatts (MW), with the current Grand Island share to be 15 MW; and WHEREAS, the legal governing agency of the project is the Public Power Generating Agency (PPGA), with one board member to be appointed from each project participant; and WHEREAS, the creation of the Public Power Generating Agency includes the approval of three documents: the Interlocal Agreement, the Bylaws of the Public Power Generating Agency, and the Participation Agreement; and WHEREAS, Grand Island's electric load, like that of the state in general, continues to grow; and WHEREAS, in order to maintain a near optimum mix of electric generation resources for the future, base load capacity will need to be added; and WHEREAS, the WEC2 project offers an opportunity to add electric base load capacity; and WHEREAS, the City Attorney has reviewed and approved the above identified contract documents to participate in such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to participate in the Whelan Energy Center Unit No. 2 power plant project. BE IT FURTHER RESOLVED, that the Public Power Generation Agency Participation Agreement, Interlocal Agreement, and Bylaws of the Public Power Generation Agency are hereby approved; and the Mayor is hereby authorized and directed to execute such documents on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. - 2 - _______________________________________ RaNae Edwards, City Clerk Item G14 #2005-225 - Approving Authorization for Emergency Sanitary Sewer Force Main Repairs on Capital Avenue Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer\Public Works Director\ City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: August 9, 2005 Subject: Approving Authorization for Emergency Sanitary Sewer Repairs near the Intersection of Capital Avenue and Wheeler Avenue Item #’s: G-14 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background Due to a failure in the sewer main, the City of Grand Island Wastewater Treatment Division was required to perform emergency repairs to the sanitary sewer force main on Capital Avenue near Wheeler Avenue. This sewer main carries the majority of the waste from the northwest area of the city. Discussion The Diamond Engineering Company was hired by means of a purchase order in the amount of $10,000 to effect the necessary repairs. Since this was an emergency situation, no other bids were solicited. Upon excavation, the extent of the needed repairs was found to be quite extensive. Diamond Engineering has completed the repairs on an actual cost basis for a total of $22,472.90. We are requesting permission to use the emergency procurement procedures as outlined in section 27-13 of the City Code. City Administration is requesting that Council approve the payment of the claim to Diamond Engineering. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve usage of the City’s emergency procurement procedures and authorize the Mayor to issue a purchase order to the contractor for the work. 2. Disapprove or Deny usage of the City’s emergency procurement procedures and not approve authorization for The Mayor to issue a purchase order. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve usage of the City’s emergency procurement procedures and pass a resolution authorizing the Mayor to issue a purchase order for the repairs. Sample Motion Move to approve the usage of the City’s emergency procurement procedures and issue a purchase order to The Diamond Engineering Company for the repairs. Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-225 WHEREAS, due to a failure in the sanitary sewer force main, the City of Grand Island Wastewater Division was required to perform emergency repairs to the main on Capital Avenue near Wheeler Avenue; and WHEREAS, immediate repairs were necessary as this sewer main carries sanitary sewer flows from the majority of the west and northwest areas of the city; and WHEREAS, using the City's standard procurement procedures to make repairs would not allow the required repair work to be completed in an acceptable time frame; and WHEREAS, it was in the public interest to proceed immediately with the required repair work; and WHEREAS, it was appropriate and necessary to deal with this emergency by proceeding under Section 27-13 of the Grand Island City Code (1988 ed.) and declare and authorize an emergency procurement procedure; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, was qualified to do such work, and was available and willing to do such work on a very short notice; and WHEREAS, upon excavation, the extent of the needed repairs was found to be quite extensive, and could not be completed under the $7,500 limit of a purchase order; and WHEREAS, the Diamond Engineering Company has completed the repairs on an actual cost basis of $22,472.90; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the use of the City's emergency procurement procedures in this situation is hereby ratified. BE IT FURTHER RESOLVED, that emergency work completed by The Diamond Engineering Company of Grand Island, Nebraska, is hereby approved and payment shall be authorized to such contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. _______________________________________ - 2 - RaNae Edwards, City Clerk Item G15 #2005-226 - Approving Bid Award for Two Bridges for Northbound Lanes on So. Locust St. between I-80 and Wood River Diversion Channel Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer\Public Works Director\ City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Dale Shotkoski, Assistant City Attorney Meeting: August 9, 2005 Subject: Approving Bid Award for Two Bridges for northbound lanes of S. Locust Street between I- 80 and the Wood River Diversion Channel Item #’s: G-15 Presenter(s): Steven P. Riehle, Public Works Director Background On June 27, 2005 the Engineering Division of the Public Works Department advertised for bids for the construction of two bridges over Platte River channels on South Locust Street between I-80 and the Wood River Diversion Channel. These bridges, and ultimately the northbound lanes, are required to be constructed per the agreements negotiated with the Nebraska Department of Roads (NDOR) in conjunctio n with the I-80 interchange construction. Discussion Six bid s were received and opened on July 21, 2005. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed the bids that were received. The bids were submitted in compliance with the contract, plans, and specifications with no exceptions. Because Federal funds will be used to pay for approximately 75% of the construction costs, this bid award had to be concurred with by NDOR before the contract is awarded. Their concurrence has been received. A summary of the bids is shown below. Bidder Exceptions Bid Security Total Bid BRB Contractors, Inc. None Travelers Casualty $1,328,318.40 L.J. Webb Contractor, Inc. None Universal Surety Company $1,366,924.00 Capital Contractors, Inc. None Universal Surety Company $1,521,137.00 Diamond Engineering Co. None Universal Surety Co. $1,179,155.59 A.M. Cohron & Son, Inc. None Merchants Bonding Co. $1,190,415.70 Christensen Bros. Inc. None Merchants Bonding Co. $1,449,250.00 The engineer’s opinion of cost for this project was $1,515,264.11. There are sufficient funds available in the Public Works account No. 40033530-90059. Alternatives It appears that the Council has the following alt ernatives concerning the issue at hand. The Council may: 1. Approve awarding the contract for Bridge Construction to Diamond Engineering Co. of Grand Island, NE. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve awarding the contract for bridge construction to the Diamond Engineering Co., of Grand Island, Nebraska, for the amount of $1,179,155.59. Sample Motion Move to approve the award of the contract to Diamond Engineering Company of Grand Island, Nebraska for the S. Locust Bridge Construction. 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 21, 2005 at 11:00 a.m. FOR: South Locust Bridges/Northbound Project 2235(4) DEPARTMENT: Public Works ESTIMATE: $1,515,264.11 FUND/ACCOUNT: 40033530-90059 PUBLICATION DATE: June 27, July 4, July 11, 2005 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: BRB Contractors, Inc. Diamond Engineering Co. Topeka, KS Grand Island, NE Bid Security: Travelers Casualty Universal Surety Co. Exceptions: None None Bid Price: $1,328,318.40 $1,179,155.59 Bidder: L.J. Webb Contractor, Inc. A.M. Cohron & Son, Inc. Gretna, NE Atlantic, IA Bid Security: Universal Surety Company Merchants Bonding Company Exceptions: None None Bid Price: $1,366,924.00 $1,190,415.70 Bidder: Capital Contractors, Inc. Christensen Bros. Inc. Lincoln, NE Cherokee, IA Bid Security: Universal Surety Company Merchants Bonding Company Exceptions: None None Bid Price: $1,521,137.00 1,449,250.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Danelle Collins, PW Admin. Assist. Ron Underwood, Civil Eng. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1006 Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-226 WHEREAS, the City of Grand Island invited sealed bids for Construction of Two Bridges for northbound lanes over the Platte River channels on South Locust Street between I-80 and the Wood River Diversion Channel [Project No. 2235(4)], according to plans and specifications on file with the City Engineer; and WHEREAS, on July 21, 2005, 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 $1,179,155.59; and WHEREAS, such bid is below the estimate for such project; and WHEREAS, the Nebraska Department of Roads has concurred with such recommended bid award. 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, for the construction of two bridges for northbound lanes over the Platte River channels on South Locust Street between Interstate 80 and the Wood River Diversion Channel [Project No. 2235(4)] in the amount of $1,179,155.59 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract between the City and such contractor is hereby approved, 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 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G16 #2005-227 - Approving Keno Satellite Location and Agreement for the Midtown Holiday Inn, Located at 2503 South Locust Street, Grand Island, Nebraska Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards, City Clerk City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: August 9, 2005 Subject: Approving Keno Satellite Location and Agreement for the Midtown Holiday Inn, Located at 2503 South Locust Street, Grand Island, Nebraska Item #’s: G-16 Presenter(s): RaNae Edwards, City Clerk Background An Interlocal Agreement governing County/City keno operations provides that the City shall have the duty to review and approve satellite operations within the City. Fonner Keno, Inc. has previously been licensed to operate keno at Fonner Park as well as other facilities in the City that have been designated as satellite locations for the operation of keno. Discussion The Midtown Holiday Inn of Grand Island, 2503 South Locust Street, has submitted a request for approval of a satellite location at the premises of the Midtown Holiday Inn, 2503 South Locust Street, Grand Island, Nebraska. This request was approved by Hall County at their July 26, 2005 meeting. Approval of the Satellite Agreement between the Midtown Holiday Inn in Grand Island is required along with approval for the satellite location. The Agreement has been reviewed by the Legal and Building Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the request of the Midtown Holiday Inn in Grand Island, Nebraska. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the request for a Keno Satellite Location and Agreement for the Midtown Holiday Inn, 2503 South Locust Street, Grand Island, Nebraska. Sample Motion Motion to approve the request for a Keno Satellite Location and Agreement for the Midtown Holiday Inn, located at 2503 South Locust Street, Grand Island, Nebraska. Approved as to Form ¤ ___________ August 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-227 WHEREAS, the County of Hall and the City of Grand Island entered into an Inter-Local Cooperation Agreement to permit the operation of keno within Hall County; and WHEREAS, Fonner Keno, Inc. has previously been licensed to operate keno and certain locations have been designated as satellite locations for the operation of keno; and WHEREAS, the County of Hall has selected an additional satellite location for approval for the operation of keno, such location being the premises at 2503 South Locust Street in Grand Island, Nebraska, owned by The Midtown Holiday Inn of Grand Island, Inc., a Nebraska corporation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that The Midtown Holiday Inn of Grand Island, a Nebraska corporation, located at 2503 South Locust Street, Grand Island, Nebraska, is hereby approved as an additional satellite location for the operation of keno, subject to entering into the proper agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G17 #2005-228 - Approving Contract with University of Nebraska- Lincoln for Graduate Assistant Planning Intern Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Development Specialist Council Meeting: August 9, 2005 Subject: Contract with UNL intern for Community Revitalization Grant Item #’s: G-17 Presenter(s): Joni Kuzma, Community Development Background In April 2005, the City of Grand Island was awarded a $7,500 Comprehensive Revitalization grant from the Department of Economic Development to complete a Comprehensive Needs Assessment and a Revitalization Strategy. The Comprehensive Needs Assessment will identify all areas of low and moderate- income concentrations in the city and inventory all types and degree of housing and community development needs within each area. The Revitalization Strategy will identify a one, two and three year action plan to meet the needs of the low- to moderate-income neighborhood(s) selected for investment. The Assessment/Strategy grant amount award was $7,500 with local cash match of $2,500, for a $10,000 total. Discussion The City has an opportunity to hire a UNL Community and Regional Planning graduate student to help gather, compile and interpret data gathered for the Needs Assessment and three-year action plan. Dr. N. Brito Mutunayagam, D.E.D.P. Professor at UNL has been working with the City during the grant planning process and referred two graduate students to the City as candidates. Both candidates submitted resumes, provided examples of current work and participated in an interview with Chad Nabity, Joni Kuzma and Marsha Kaslon. It is the recommendation of the Planning Department that Veerajaneeya K.C. Nekkanti be hired to provide technical assistance for the Community Revitalization grant. Cost for the intern will not exceed $6,223.00, which is available in the grant. There will be no cost to the City for this contract position. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the contract for an internship position for the Community Revitalization Needs Assessment and Strategy and award it to UNL graduate student, Veerajaneeya Nekkanti 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. Recommendation City Administration recommends that Council approve the contract with the University of Nebraska-Lincoln for an Internship position for the Community Revitalization Needs Assessment and Strategy and award it to UNL graduate student, Veerajaneeya Nekkanti. Sample Motion Motion to approve the contract with the University of Nebraska-Lincoln an internship position for the Community Revitalization Needs Assessment and Strategy and award it to UNL graduate student, Veerajaneeya Nekkanti. AGREEMENT FOR PROFESSIONAL OR TECHNICAL SERVICES between City of Grand Island, Nebraska and Board of Regents of the University of Nebraska The University of Nebraska Board of Regents, through the Department of Community and Regional Planning, agrees to provide the City of Grand Island a graduate research assistant, Veerajaneeya K.C. Nekkanti, from August 10th through November 23rd, 2005, generally corresponding with fall semester 2005. The student shall perform the services outlined in the Job Description (attached). The City of Grand Island shall provide on-site supervision and the Department of Community and Regional Planning shall periodically monitor the student’s performance. In the event the student does not perform satisfactorily, the Department of Community and Regional Planning will assign a different student to the City of Grand Island or the University will be paid for services provided to the date of the student’s dismissal. The University reserves the right to withdraw the student from the agency in the event that the work assigned is not within the general scope of activities agreed to by both parties; in this event the City of Grand Island is responsible for payment for services provided by the student to the date of the student’s removal. The Department of Community and Regional Planning shall perform this agreement according to its own means and methods of work, which shall be in the exclusive charge and control of the Department of Community and Regional Planning, and which shall not be subject to the control of the City of Grand Island except as to the result of the work. The Department of Community and Regional Planning is, for all purposes arising out of the agreement, an independent contractor, and neither shall it nor any students provided by it be deemed employees of the City. It is expressly understood and agreed that neither shall the Department of Community and Regional Planning nor any students provided by it be entitled to any benefits to which city employees are entitled, inc luding but not limited to, overtime, any retirement benefits, worker’s compensation benefits, injury leave, or other leave benefits. The City of Grand Island agrees to pay the amount of $5,223.00 for the graduate research assistantship that is to be awarded to the student for this project, as well as maximum expenses of $1,000.00 incurred by the graduate research assistant for travel (car and mileage charges only) between Lincoln and Grand Island. The total of these two items, a maximum of $6,223.00, will be paid by the City of Grand Island to the University of Nebraska upon receipt of a statement from the University of Nebraska–Lincoln Office of Sponsored Programs at the conclusion of the 2005 fall semester. Authorized Signatures: FOR THE BOARD OF REGENTS OF THE CITY OF GRAND ISLAND, NEBRASKA UNIVERSITY OF NEBRASKA Christine Jackson Jay Vavricek Date Vice Chancellor for Mayor Business and Finance, UNL Gordon Scholz Chair, Department of Community and Regional Planning, UNL JOB DESCRIPTION FIELD EXPERIENCE IN CONJUNCTION WITH DEPARTMENT OF COMMUNITY AND REGIONAL PLANNING UNIVERSITY OF NEBRASKA–LINCOLN STUDENT NAME: Veerajaneeya K.C. Nekkanti JOB SITE: Grand Island, Nebraska, City Hall Agency: City of Grand Island, Nebraska Address: 100 East 1 st Street, Grand Island, NE 68801 Telephone: 308-385 -5444, extension 219 Director: Chad Nabity, Regional Planning Director Supervisor: Joni Kuzma/Marsha Kaslon, Community Development JOB TITLE: Planning Intern JOB PERIODS, HOURS, AND REMUNERATION DETAILS: The job period encompasses, generally, the fall semester 2005 (specifically August 10th, 2005, through November 23rd, 2005). A total of 225 hours of work by the student is required (averaging 15 hours per week for 15 weeks) during the job period. The details of remuneration and expenses are as follows: Minimum stipend for fall semester: $3,863.00 Tuition remission (28% of stipend): $1,082.00 Health insurance for fall semester: (Student share of health insurance is $74.00) $ 278.oo Firm Subtotal: $5,223.00 Maximum reimbursement of travel expenses of student (mileage only): $1,000.00 Maximum Grand Total: 6,223.00 JOB DESCRIPTION: ? Assist in gathering, compiling and interpreting data for a Comprehensive Needs Assessment and Revitalization Strategy for the City of Grand Island. ? Create appropriate computer related documents for data compilation and disbursement. ? Assist the City of Grand Island Community Development staff in creation of the Comprehensive Needs Assessment document and three-year action plan. ? Assist with other grant-related duties as needed. Approved as to Form ¤ ___________ August 2, 2005 ¤ City Attorney R E S O L U T I O N 2005-228 WHEREAS, in April 2005, the City of Grand Island was awarded a $7,500 Comprehensive Revitalization grant from the Department of Economic Development to complete a Comprehensive Needs Assessment and a Revitalization Strategy; and WHEREAS, the Comprehensive Needs Assessment will identify all areas of low and moderate-income concentrations in the city and inventory all types and degree of housing and community development needs within each area; and WHEREAS, the Revitalization Strategy will identify a one, two and three year action plan to meet the needs of the low to moderate income neighborhoods selected for investment; and WHEREAS, the City has an opportunity to hire a University of Nebraska-Lincoln Community and Regional Planning graduate student to help gather, compile and interpret data gathered for the Needs Assessment and three-year action plan; and WHEREAS, two graduate students have been referred to the City by a professor at the University of Nebraska-Lincoln; and WHEREAS, after a review of documentation and an interview of each candidate, it is recommended that Veerajaneeya K.C. Nekkanti be hired to provide technical assistance for the Community Revitalization grant; and WHEREAS, the cost of the intern will be provided by grant funds; no city funds will be used for this position. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the contract with the University of Nebraska- Lincoln for an Internship position for the Community Revitalization Needs Assessment and Strategy is hereby approved; and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. BE IT FURTHER RESOLVED, that University of Nebraska-Lincoln graduate student, Veerajaneeya K.C. Nekkanti, be authorized to compile data for such study. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. _______________________________________ - 2 - RaNae Edwards, City Clerk Item G18 #2005-229 - Approving Number of Board Members for Business Improvement District #3 and Appointing Bill Lowrey and Jeff Reed Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: August 9, 2005 Subject: Expanding Membership of the Board of Business Improvement District No. 3 Item #’s: G-18 Presenter(s): Douglas R. Walker, City Attorney Background The City of Grand Island established Business Improvement District No. 3, which has been operating with a board that has five members. The BID Board has requested that the number of members for that Board be expanded to a seven member board. Neb. Rev. Stat., §19-4022 states that the Business Improvement District Board shall consist of five or more members to serve such terms as the City Council by resolution would determine. This matter is being brought forward for the City Council to consider changing the number of board members from five to seven by resolution. Discussion The Board of Business Improvement District No. 3 has requested that the number of board members be increased from five to seven. A larger number of board members will broaden representation on the board and make it easier to have a quorum at each meeting. The Nebraska statutes would permit an increase and the ordinance establishing BID No. 3 does not specify the number of board members, therefore, a resolution establishing the number of board members at seven would be appropriate. The resolution will also authorize the appointment of Jeff Reed and Bill Lowrey to fill these additional positions on the Board of BID No. 3. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve expanding the number of members on the Business Improvement District Board to seven. 2. Not approve the resolution expanding the number of members. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends tha t the Council approve the resolution establishing the number of members of the Business Improvement District No. 3 Board at seven. Sample Motion Motion to approve the resolution establishing a seven member board for Business Improvement District No. 3. Approved as to Form ¤ ___________ August 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-229 WHEREAS, Business Improvement District Number 3 was established by the City Council to become active on March 8, 1999 for a period of ten years; and WHEREAS, five board members were selected by the Mayor with the approval of the City Council for the Board of Business Improvement District Number 3 when it was established; and WHEREAS, Neb. Rev. Stat. §19-4022 permits the board of a business improvement district to have five or more members; and WHEREAS, the Board for Business Improvement District Number 3 has requested that the number of board members be increased to seven; and WHEREAS, two additional persons will need to be appointed to fill the additional positions on the Business Improvement District Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the number of board members for Business Improvement District Number 3 shall be seven members. IT IS FURTHER RESOLVED that Jeff Reed and Bill Lowrey be appointed to the Board of Business Improvement District No. 3 until the ten year period of the board is concluded. - - - Adopted by the City Council of the City of Grand Island, Nebraska, August 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item G19 #2005-231 - Approving Bid Award for Asbestos Removal & Demolition of Improvements at 1204, 1212 & 1216 West 2nd Street, 214 N. Washington St. and 1203/1205, 1209, 1215, & 1221 West 3rd Street Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: August 9, 2005 Subject: Approving Bid Award for Asbestos Removal & Demolition of Improvements at 1204, 1212 and 1216 West 2nd Street, 214 North Washington Street and 1203/1205, 1209, 1215 and 1221 West Third Street, Grand Island, NE 68801 Item #’s: G-19 Presenter(s): Douglas R. Walker, City Attorney Background As part of the process of expanding the Edith Abbot Memorial Library, it is necessary to clear the improvements from the property in the block west of the city library. The city has advertised for bids for doing asbestos removal and for demolishing the improvements in this block west of the city library. Discussion Bids were received from Hookers Brothers Construction Company in the amount of $239,445.00; G&G Dozer in the amount of $198,514; and, Environmental Direct, Inc., in the amount of $143,333.19. Each of the bids were reviewed by the city’s Legal Department and each of the bidders submitted all of the required documentation and met all of the requirements set forth in the advertisement for bids. The engineer’s estimate for this project was $215,000, therefore, the low bid of Environmental Direct, Inc., is substantially below the estimate. All of the bids that were submitted were submitted without exception. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the bid for asbestos removal and demolition of the improvements in the block west of the city’s library. 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the award for asbestos removal and for demolition of the improvements in the block west of the city’s library with street addresses of 1204, 1212 and 1216 West 2nd Street, 214 North Washington Street and 1203/1205, 1209, 1215 and 1221 West Third Street to the lowest compliant bidder, which is Environmental Direct, Inc. Sample Motion Motion to approve awarding the contract for asbestos removal and demolition of improvements to Environmental Direct, Inc., of Grand Island, Nebraska. 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 3, 2005 at 11:15 a.m. FOR: Asbestos Removal & Demolition of Improvements at 1204, 1212 and 1216 West 2nd Street, 214 N. Washington St. and 1203/1205, 1209, 1215 & 1221 West 3rd St. DEPARTMENT: Legal ESTIMATE: $215,000.00 FUND/ACCOUNT: 40015025-90004 PUBLICATION DATE: July 23, 2005 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Hooker Brothers Construction Co. G & G Dozer Grand Island, NE Caney, KS Bid Security: Western Surety Company Old Republic Surety Company Exceptions: None None Bid Price: $239,445.00 $198,514.00 Bidder: Environmental Direct, Inc. Grand Island, NE Bid Security: Arch Insurance Company Exceptions: None Bid Price: $143,333.19 cc: Doug Walker, City Attorney Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1014 Approved as to Form ¤ ___________ August 5, 2005 ¤ City Attorney R E S O L U T I O N 2005-231 WHEREAS, the City of Grand Island invited sealed bids for Asbestos Removal and Demolition of Improvements at 1204, 1212 and 1216 West 2nd Street, 214 North Washington Street and 1203/1205, 1209, 1215 and 1221 West Third Street in the City of Grand Island, Nebraska, according to plans and specifications on file with the City Attorney’s Office; and WHEREAS, on August 3, 2005, bids were received, opened and reviewed; and WHEREAS, Environmental Direct, Inc., 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 $143,333.19; and WHEREAS, such bid is below the 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 Environmental Direct, Inc. of Grand Island, Nebraska, for asbestos removal and demolition of improvements at 1204, 1212 and 1216 West 2nd Street, 214 North Washington Street and 1203/1205, 1209, 1215 and 1221 West Third Street in the City of Grand Island, Nebraska in the amount of $143,333.19 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract between the City and such contractor is hereby approved, 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 9, 2005. _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Annexation for Property Located South of Case New Holland and West of US Highway 281 and Refer to the Regional Planning Commission Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Hall County Regional Planning Director Meeting: August 9, 2005 Subject: Annexation of Property South of Case New Holland Item #’s: H-1 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background A request has been received to consider annexation of property located south of Case New Holland on the west side of U.S. Highway 281 north of the Riverview Apartments. The owners of this property are anticipating development of the property and requesting that the city bring it into the corporate limits. This property is surrounded by the Grand Island Municipal limits on all sides. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation the first step of which is for the Mayor and City Council to refer the matter to the Regional Planning Commission for a recommendation. This will be followed by the process as outlined in the attached Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Refer the annexation request to the Hall County Regional Planning Commission 2. Choose not to refer the annexation request to the Hall County Regional Planning Commission 3. Table the issue Recommendation City Administration recommends that the Council refer this request for annexation to the Hall County Regional Planning Commission for a recommendation. Sample Motion Move to refer this request for annexation to the Hall County Regional Planning Commission fo r a recommendation. TIMELINE 2005 Annexation 08-09-2005 City Council Meeting. Referral of areas considered for annexation to Regional Planning Commission for hearing and recommendation. 08-27-2005 Notice of public hearing re: annexation published in Grand Island Independent for Regional Planning Commission meeting. [§19-929] 09-07-2005 Planning Commission Meeting. Commissioners to make recommendation on annexation of land into the City of Grand Island. 09-13-2005 City Council Meeting. Resolution indicates the city is (1) considering annexation, (2) approves and adopts the annexation plan, and (3) scheduling a public hearing for October 13, 2005. Annexation plan for extension of city services to be on file with the City Clerk. [§16-117] 09-13-2005 Annexation Plan for the extension of city services to the annexed area to be on file with the City Clerk for public review and inspection during regular business hours. 09-14-2005 Upon approval of resolution on 9/13/05, City Clerk sends copy of resolution to the school board of the school district in the land proposed for annexation. 09-27-2005 Notice of Public Hearing before City Council to be published in the Grand Island Independent. Notice must be published at least once, not less than 10 days prior to date of hearing. 10-13-2005 Public Hearing re: annexation. Title of ordinance to be read at council meeting. (1st time) [§16-404] 10-25-2005 Title of ordinance to be read at council meeting. (2nd time) 11-8-2005 Title of ordinance to be read at council meeting. (3rd time) Annexation Ordinance approved by City Council. 11-23-2005 Annexation Ordinance becomes effective. Item H2 Consideration of Annexation Property Located South of Sandra Road and East of South Locust Street and Refer to the Regional Planning Commission Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Hall County Regional Planning Director Meeting: August 9, 2005 Subject: Annexation of Property South of Beverly Healthcare South Item #’s: H-2 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background A request has been received to consider annexation of property located south of Beverly Healthcare South on the west side of U.S. Highway 34 west of S. Locust Street. Beverly Healthcare is planning to expand their operations at this site to the south. This property is adjacent and contiguous with the Grand Island Municipal Limits. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation the first step of which is for the Mayor and City Council to refer the matter to the Regional Planning Commission for a recommendation. This will be followed by the process as outlined in the attached Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council ma y: 1. Refer the annexation request to the Hall County Regional Planning Commission 2. Choose not to refer the annexation request to the Hall County Regional Planning Commission 3. Table the issue Recommendation City Administration recommends that the Council refer this request for annexation to the Hall County Regional Planning Commission for a recommendation. Sample Motion Move to refer this request for annexation to the Hall County Regional Planning Commission for a recommendation. TIMELINE 2005 Annexation 08-09-2005 City Council Meeting. Referral of areas considered for annexation to Regional Planning Commission for hearing and recommendation. 08-27-2005 Notice of public hearing re: annexation published in Grand Island Independent for Regional Planning Commission meeting. [§19-929] 09-07-2005 Planning Commission Meeting. Commissioners to make recommendation on annexation of land into the City of Grand Island. 09-13-2005 City Council Meeting. Resolution indicates the city is (1) considering annexation, (2) approves and adopts the annexation plan, and (3) scheduling a public hearing for October 13, 2005. Annexation plan for extension of city services to be on file with the City Clerk. [§16-117] 09-13-2005 Annexation Plan for the extension of city services to the annexed area to be on file with the City Clerk for public review and inspection during regular business hours. 09-14-2005 Upon approval of resolution on 9/13/05, City Clerk sends copy of resolution to the school board of the school district in the land proposed for annexation. 09-27-2005 Notice of Public Hearing before City Council to be published in the Grand Island Independent. Notice must be published at least once, not less than 10 days prior to date of hearing. 10-13-2005 Public Hearing re: annexation. Title of ordinance to be read at council meeting. (1st time) [§16-404] 10-25-2005 Title of ordinance to be read at council meeting. (2nd time) 11-8-2005 Title of ordinance to be read at council meeting. (3rd time) Annexation Ordinance approved by City Council. 11-23-2005 Annexation Ordinance becomes effective. Item J1 Approving Payment of Claims for the Period of July 27, 2005 through August 9, 2005 The Claims for the period of July 27, 2005 through August 9, 2005 for a total amount of $3,085,621.80. A MOTION is in order. Tuesday, August 09, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council